Circuit Court Record Book 25: 1855 to 1856
Item
St. Louis Circuit Court, “Circuit Court Record Book 25: 1855 to 1856”, 1855-1856, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/65814
- Title
- Circuit Court Record Book 25: 1855 to 1856
- Creator
- St. Louis Circuit Court
- Date
- 1855-1856
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- Identifier
- rcd1855.0025.482
- PDF Download
- Download PDF of all images
- Transcription
-
# Record 25 1855 to 1856
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**April Term 1855, Monday, April 23, 1855.**
The court met pursuant to adjournment. Present as before.
**Milton N. M Sean vs Henry Brundy**
Order of Publication. The Sheriff having made that the said defendant, against whom process issued in this cause, cannot be found, and the Court, being satisfied that process cannot be served upon said defendant, It is ordered by the Court, on motion of said plaintiff by his attorney, that said defendant be notified by publication of this order according to law, that said plaintiff has instituted suit in Saint Louis Circuit Court, the object of which is to obtain Judgment for the sum of six hundred and fifty dollars, and that unless he be and appear at the next term of this Court, to be begun and held at the City of Saint Louis, on the fourth Monday of October next on or before the sixth day of said term answer the petition of said plaintiff, the same will be taken against said defendant as confessed.
**William G. Eversole vs Francis Watkins**
Default. Judgment. Now at this day comes the said plaintiff by his attorney, but the said defendant although duly summoned and called comes not but makes default, Wherefore on motion of said plaintiff by his attorney, it is ordered by the Court, that the petition of said plaintiff be taken against said defendant, as confessed: and the said plaintiff, waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing, upon which this action is founded, that said defendant is indebted to said plaintiff in the sum of Three hundred and fifty eight dollarsand sixty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid, as found and his costs and charges herein expended, and that execution issue therefor.
Turner Maddox Esquire, Sheriff of the County of St. Louis, comes into open Court and acknowledges the execution of a deed by him, as Sheriff as aforesaid in favor of Joseph S Hull and Cyrenius C. Simmons, of all the right, title, interest, claim, estate and property of John Semmelhack of in and to the following described leasehold to wit: "a certain piece or parcel of land, beginning at a point on the east side of Collins street, One hundred and ninety nine feet four inches southwardly from Columbia street thence twenty four feet northwardly, thence eighty seven feet seven inches eastwardly to an alley; thence twenty-four feet along the alley southwardly, thence eighty seven feet seven inches westwardly to the place of beginning, this being a leasehold with two story frame house", sold by virtue and authority of an execution issued from the office of the Clerk of the Saint Louis Court, dated on the seventeenth day of February Eighteen hundred and fifty five.
**Charles H. Cady vs Charles G. Ramsey, Alram S. Mitchell and Robert A. W. Crenshaw**
Change of Venue. and now at this day, this cause being brought to the notice of the Court, and the Judge of this Court, being related to Charles G. Ramsey, one of the said defendants, it is ordered by the Court, of its own motion, that the venue of this cause be changed to the Circuit Court of Saint Charles County, Missouri
**Gottfried Nagle vs Ferdinand Smith**
Dismissal. On motion of said plaintiff by his attorney, it is ordered by the Court, that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Reiner Beuter vs William Ahinus**
Answer and offset to plaintiff's amended petition filed
**George D. Sittle et al vs Joseph A Eddy et al**
Answer filed.
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> Handwritten Page Number on Record Book: 2
**April Term 1855, Monday, April 23, 1855.**
**Thomas B. Siggett vs Edward K. Woodward**
Agreement for time to plead filed.
**Henry Boernstien et al vs Simon Eimer**
Interpleas filed
**Frederick B. Chamberlain et al vs F. S. Morgan et al**
Answer and exhibit filed.
**Susan A Daneille vs John Daneille**
Demurer filed
**Philip S Sanhani vs William Edds and wife**
Answer filed.
**Cornelius D. Sullivan et al vs Robert Mc O'Blenis**
Demurer filed.
**Caleb Baldwin vs Philip G. Ferguson et al**
Motion to strike out parts of petition filed.
**Daniel D. Page et al vs Dominick J. Childs et al**
Answer filed.
**Jermiah Cronin vs Adela H Douthell**
Continued by consent.
**Fredrick Menkins vs Anthony Menkins et al**
Motion for review, re-hearing and new trial filed
**Charlotte Kleinsmith vs Herman Howard**
Demurer filed.
**Francis Charleson et al vs Edward St. Michel**
Stipulations filed
**William Sallimore et al vs Edward St. Michel**
Stipulations filed.
**Edward N. Bryan et al vs Edward St. Michel**
Stipulations filed
**Barnett L. Solmon et al vs John S. Chandler et al**
Allegations and interrogatories filed.
**John Busby vs Gideon B. Blakey**
Demurer filed.
It is ordered by the Court, that the Sheriff of Saint Louis County, summon for each week, during the present term twenty four good and lawful men to serve as Jurors in the Court.
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The court met pursuant to adjournment. Present as before.
**Daniel Weaver vs William H. Belcher and Charles Belcher**
Default. Judgment. Now at this day comes, the said plaintiff, by his attorney, but the said defendants although duly summoned and called come not but make default Wherefore on motion of said plaintiff, it is ordered by the Court, that the petition of said plaintiff be taken against said defendant as confessed; and the said plaintiff waiving a Jury, submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writion on which this action is founded, that said defendants are indebted to said plaintiff in the sum of Eleven hundred and fifteen dollars and twelve cents. It is therefor considered and adjudged by the Court, that said plaintiff recover of said defendants, the sum aforesaid, in form aforesaid as found and his costs and charges herein expended, and that execution issue therefor.
**James H. Comfort and Fancis H. Manter vs Dominick J. and Nathaniel Childs jr., James B. Ricords and Lewis F. Sacy**
Default. Judgment. Now at this day come the said plaintiffs by their attorney, but the said defendants although duly summoned and called come not but make default, Wherefor on motion of said plaintiffs by their attorney it is ordered by the Court that the petition of the said plaintiffs be taken against said defendants as confessed; and the said plaintiff waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendants are indebted to said plaintiffs in the sum of Seven hundred and eighty five dollars and sixty two cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found, and his costs and charges herein expended and that execution issue therefor.
**Citizens Insurance Company of Missouri vs William H. Belcher and Charles Belcher**
Default. Judgment. Now at this day comes the said plaintiff, by its attorney, but the said defendants although duly called and summoned come not but make default; wherefore on motion of said plaintiff by its attorney, it is ordered by the Court that the petition of the said plaintiff be taken against said defendants as confessed; and the said plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the said defendants are indebted to said plaintiff in the sum of Two hundred and ninteen dollars and forty five cents. It is therefore considered and adjudged by the court, that said plaintiff recover of said defendant, the sum aforesaid in form aforesaid as found and his costs and charges herein expended, and that execution issue therefor.
**Daniel Rodney King and George Massey vs Paul Pasquier**
Default. Judgment. Now at this day come the said plaintiffs by their attorney, but the said defendant although duly summoned and called come not but make default, Wherefor on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of the said plaintiff be taken against said defendant as confessed; and the said plaintiffs waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendant is indebted to said plaintiff in the sum of Four hundred forty eight dollars and forty one cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid, in form aforesaid, as found, and their costs and charges herein expended and that execution issue therefor.
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**April Term 1855. Tuesday, April 24th, 1855.**
**Thomas Harmon admr. of John Gordon vs John Regan**
Default. Now at this day comes the said plaintiff by his attorney, and the said defendant, although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed, and the cause is set for the forth week of this term, forth assessment of damages.
**Harriet Hambleton vs Dennis W. Hambleton**
Now at this day come the said plaintiff by his attorney, and on motion of said plaintiff, it is ordered by the Court that the continuance heretofore granted herein be set aside, and that this cause be set for the fourth week of this term.
**Martha J. Bailey vs Richard A. Bailey**
Default. Now at this day comes the said plaintiff by her attorney, and the said defendant, although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by her attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed.
**Benjamin Stickney and Leonard Scholley vs The Steam Boat Michigan**
Default. Now at this day come the said plaintiffs by their attorney but the said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed, and his cause is set for the fourth week of this term, for the assessment of damages.
**Stephen Haskell and James M. Franciscus vs David Beakey and John Beakey and William Haslett**
Default. Judgment. Now at this day come the said plaintiffs by their attorney and dismiss this cause as to David Beakey, but the said John Beakey and William Haslett, although duly summoned and called come not but make default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendants as confessed; and the said plaintiffs by their attorney waiving a jury submits his cause to the Court, and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted, to said plaintiff in the sum of Three hundred and fifteen dollars and thirty five cents. It is therefore, considered and adjudged by the Court, that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found, and their costs and charges herein expended, and that execution issue therefor.
**Samuel B. Smith vs Anthony H. Menkens and Deidrick B. Menkens**
Default. Judgment. Now at this day comes the said plaintiff by his attorney, but the said defendants, although duly summoned and called come not but makes default, wherefore on motion of said plaintiffs by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against the said defendant as confessed; and the said plaintiff by his attorney, waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendants are indebted to said plaintiff in the sum of six hundred and twenty one dollars and twenty one cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendants the sum aforesaid, in form aforesaid as found, and their costs and charges herein expended, and that execution issue therefor.
**William O. Jenk vs Perry S. Kennard**
Default. Judgment. Now at this day comes the said plaintiff by his attorney, but the said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against the said defendant as confessed; and the said plaintiff, by his attorney, waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendants is indebted to said plaintiff in the sum of One hundred and ninety dollars and thirty three cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendants the sum aforesaid, in form aforesaid, as found and their costs and charges herein expended, and that execution issue therefor.
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**April Term 1855. Tuesday April 24th, 1855.**
**James Judge vs Robert N. Martin and George Hull**
Default. Judgment. Now at this day comes the said plaintiff by his attorney, and the said defendants although duly summoned and called comes not but makes default wherefore, on motion of said plaintiff, by his attorney it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed: and the said plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendants are indebted to said plaintiff in the sum of seven hundred and thirty six dollars and thirty six cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.
**Citizens Insurance Company of Missouri vs William H. Belcher, Charles Belcher Christopher Rhodes and George Pegram**
Default. Judgment. Now at this day comes the said plaintiff by its attorney, but the said defendants, although duly summoned and called come note, wherefore, on motion of said plaintiff by its attorney it is ordered by the Court, that the petition of the said plaintiff be taken against said defendants as confessed: and the said plaintiff waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of three thousand and thirty one dollars seventy cents. It is therefore considered and adjudged by the Court, that he said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found, and its costs and charges herein expended, and that execution issue therefor.
**Walker R. Carter vs The Columbia Insurance Company of Columbia South Carolina**
Petition on Policy. Now at this day comes said plaintiff, by his attorney, but said defendant although duly summoned and solemnly called, comes not but makes default, wherefore on motion of said plaintiff, by his attorney, this action is submitted to the Court, upon the petition exhibits and proofs, and Court having duly heard and considered the same, it doth find for the plaintiff, and assesses the damages by him sustained by reason of the non-performance of the promises by said defendant made at the sum of Five thousand three hundred and fifty nine dollars and sixty six cents. It is therefore considered by the Court, that plaintiff recover of said defendant the damages aforesaid in form aforesaid as assessed, and that he have therefor execution.
**Daniel H. Hunnewell, George H. Hill and Joseph S. Hill vs Leonhard Z Bargen and Cornelius Bargen**
Default. Judgment. Now at this day come the said plaintiff, by their attorney, but the said defendants although duly summoned and called come not but make default, wherefore, on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendants as confessed; and the said plaintiffs waiving a Jury submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the said defendants are indebted to said plaintiffs in the sum of One hundred and eighty six dollars and ten cents. It is therefore considered and adjudged by the Court that the said plaintiffs recover of said defendants the own aforesaid in form aforesaid, as found and its costs and charges herein expended and that execution issue therefor.
**William A. Robinson vs Robert Stevens**
Default. Judgment. Now at this day comes the said plaintiff by his attorney, but the said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendants as confessed; and the said plaintiffs waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that the said defendant is indebted to said plaintiff in the sum of Seven hundred and ninety six dollars. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.
**David A. Herrick et al vs John Brooks**
Motion to strike out answer and for Judgment filed.
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**April Term 1855. Tuesday, April 24.**
**John J. Temple vs John Shore**
Default. Judgment. Now at this day comes the said plaintiff by his attorney, but the said defendant, although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by its attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendants as confessed and the said plaintiff waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that the said defendants is indebted to said plaintiff in the sum of three hundred and ninety-five dollars and seventeen cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.
**Philip C. Maure vs George Bauman and Nathaniel Childs jr**
Default. Judgment. Now at this day comes the said plaintiff by his attorney and dismisses as to George Bauman but the said defendant Nathaniel Childs jr although duly notified and called comes not but makes default, wherefore on motion of said plaintiff it is ordered by the Court, that the petition of the said plaintiff be taken against said defendants as confessed; and the said plaintiff waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendants are indebted to said plaintiff in the sum of Two hundred and nine dollars and five cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and his costs and charges herein expended, and that execution issue therefor.
**William Knight vs Thomas G. Thomas**
Default. Judgment. Now at this day comes the said plaintiff by his attorney, by the said defendant although duly notified and called comes not but makes default, wherefore on motion of said plaintiff, it is ordered by the Court, that the petition of the said plaintiff, be taken against said defendant as confessed, and the said plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendant is indebted to said plaintiff in the sum of Fifteen hundred and sixty one dollars and fifteen cents. It is therefore considered by the Court, that the said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.
**William G. Breese vs John B. Ganter**
Default. Judgment. Now at this day comes the said plaintiff by his attorney, by the said defendant although duly summoned and called comes not, but makes default, wherefore on motion of said plaintiff by his attorney it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed, and the said plaintiff waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Two hundred and Twenty one dollars and fifty one cents. It is therefore considered and adjudged by the Court, that the said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.
**Henry Overstollz vs Dominick J. Childs Nathaniel Childs jr James B. Ricords and John W. Burel**
Default. Judgment. Now at this day comes the said plaintiff by his attorney, but the said defendants although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney it is ordered by the Court, that the petition of the said plaintiff be taken against said defendants as confessed: and the said plaintiff, waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendant are indebted to said plaintiff in the sum of Ten hundred and forty seven dollars. It is therefore considered and adjudged by the Court, that the said plaintiff recover of said defendants the sum aforesaid in form aforesaid, as found and his costs and charges herein expended, and that execution issue therefor.
**James Barber et al vs Frances Charleson et al**
Dismissal. On motion of said plaintiffs by their attorney it is ordered by the Court that this cause be dismissed at the costs of the plaintiffs and that execution issue therefor.
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> Handwritten Page Number on Record Book: 7
**April Term 1855. Tuesday April 24th, 1855.**
**Michael Hefferman vs Nathaniel Childs jr**
Default. Judgment. Now at this day comes the said plaintiff by his attorney, but the said defendant, although duly summoned and called comes not but makes default, wherefore, on motion of said plaintiff, by his attorney, it is ordered by the Court, that the petition of said plaintiff be taken against said defendant as confessed: and the said plaintiff waiving a Jury, submits this cause to the court, and the court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that the said defendant is indebted to said plaintiff in the sum of Five hundred and fifty seven dollars and seventy cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant, the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.
**Charles W. Green and Jonasell Green vs Rodolph Rauscher**
Default. Judgment. Now at this day come the said plaintiffs by their attorney, but the said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff, by his attorney, it is ordered by the Court, that the petition of said plaintiffs be taken against said defendant as confessed: and the said plaintiffs waiving a Jury submit this cause to the court, and the court having duly heard and considered the same doth find from the instrument of writing on which this action is founded, that said defendant is indebted to said plaintiff in the sum of One hundred and ninety two dollars and thirty five cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid, in form aforesaid, as found, and their costs and charges herein expended, and that execution issue therefor.
**Henry B. Warner and Sylvester E. Sangdon vs John Delafield**
Default. Judgment. Now at this day come the said plaintiffs by their attorney, but the said defendant, although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the said plaintiffs waiving a Jury submit this cause to the court, and the court having duly heard and considered the same doth find from the instrument of writing on which this action is founded, that he said defendant is indebted to said plaintiffs in the sum of Two hundred and twenty five dollars and thirty three cents. It is therefore ordered by the Court, that said plaintiffs recover of said defendant the sum aforesaid, in form aforesaid as found, and their costs and charges herein expended, and that execution issue therefor.
**George Pomeroy, William H. Benton, jr. and George H. Chase vs Alexander H. Smith**
Default. Judgment. Now at this day come the said plaintiffs by their attorney, but the said defendant, although duly summoned and called comes not but makes default, wherefore, on motion of said plaintiffs by their attorney. It is ordered by the Court, that the petition of the said plaintiffs be taken against said defendants as confessed, and the said plaintiff waiving a Jury, submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the said defendant is indebted to said plaintiffs in the sum of seven hundred and sixty three dollars, and sixty eight cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum Seven hundred and sixty three dollars and sixty eight cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found, and their costs and charges herein expended, and that execution issue therefor.
**Bartholomen Volls vs Matthias alias Mat. Shaffner**
Default. Judgment. Now at this day comes the said plaintiffs by his attorney but the said defendant, although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed, and the said plaintiff waiving a Jury, submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the said defendant is indebted to said plaintiff in the sum of Two thousand Two hundred and sixty eight dollars. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.
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> Handwritten Page Number on Record Book: 8
**April Term 1855. Tuesday April 24th, 1855.**
**David Bayles vs Stephen Rice**
Default. Judgment. Now at this day comes the said plaintiff, by his attorney, but the said defendant, although duly summoned and called comes not but makes default, wherefore, on motion of said plaintiff by his attorney. It is ordered by the Court, that the petition of said plaintiff be taken against said defendant as confessed: and the said plaintiff waiving a Jury submits this cause to the court, and the court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the said defendant is indebted to said plaintiff in the sum of One hundred and seventy-five dollars and twenty cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.
**Thomas S. Nelson vs Henry Brown**
Rule to Show Cause. Upon reading the affidavit of the said Henry Brown, and upon hearing the attorneys of the said parties, It is ordered that he said Nelson do show cause to this Court, on Saturday next, the twenty-eight instant, why the sale and conveyance to him by John M. Wimce late Sheriff of the County of Saint Louis, of the lands in the said affidavit mentioned, shall not be set aside and annulled.
**Anna Elizabeth Wilson vs Nathan Felton Wilson**
Default. Now at this day comes the said plaintiff, by her attorney, but the said defendant, although duly notified and called comes not but makes default, wherefore on motion of said plaintiff by her attorney it is ordered by the Court, that the petition of said plaintiff be taken against said defendant as confessed.
**Charles B. Fruitt et al vs Ralph B. Peck**
Default. Now at this day come the said plaintiffs by their attorney, but the said defendant, although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of said plaintiffs be taken against said defendant as confessed, and that this cause be set for the fourth week, for the assessment of damages.
**Robert P. Hall et al vs Steam Boat Michigan**
On motion of said defendant, by its attorney, leave is given said defendant, to file an answer herein within ten days.
**William G. Martin et al vs Steam Boat Ella**
Continued as on affidavit at the costs of the said plaintiffs.
**Johnsons, Barley and Sythe vs Wm. J. Kountz et al**
Answer filed.
**James O. Houck vs Steam Boat Justice**
Stricken from the Docket.
**David Y. Bridges et al vs J. W. Hedenberg et al**
Stricken from the Docket.
**Eugene Jaccard vs Charles S. Spencer et al**
Stricken from the Docket.
**Solomon P. Sublett et al vs Edward S. Hereford**
The Court having duly heard and considered the motion of the said plaintiffs, to appoint a guardian ad litem, and being thereof fully advised doth ordered that motion be overruled, for want of Jurisdiction, this cause is dismissed.
**William A. Robinson vs Robert Stevens**
Answer and off-set filed. Application to set aside default, with affidavit. filed.
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> Handwritten Page Number on Record Book: 9
**April Term 1855. Tuesday April 24th, 1855.**
**Samuel Jacob vs James H. M. Sean**
On motion of plaintiff, by its attorney, leave was given to withdraw the note on which this action is founded.
**John C. Deganhart vs Frederick Man**
Default. Now at this day comes the said plaintiffs by his attorney, but the defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff, it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendant as confessed.
**Christian M. Siggett vs Alexander Norton**
The Court having duly heard and considered the motion of said defendant, to set aside Judgment, and grant a new trial, and being thereof fully advised, doth order that said motion be overruled.
**Rosewell M. Field vs Michael Sutter**
The Court having duly heard and considered the Demurrer of the said defendant and being thereof fully advise, doth order that said Demurrer be overruled. Leave to file answer in two days. Answer filed.
**Christopher F. Blanchard vs Charles E. Comby et al**
On motion of plaintiff by his attorney, it is ordered by the Court, that the alias summoned heretofore ordered herein, be set aside and an order of publication be made.
**Christopher F. Blanchard vs Charles E. Comby and Stephen F. Watson**
Order of Publication. The Sheriff having made return that the said defendants, against whom process issued in this cause, cannot be found, and the Court, being satisfied that process cannot be served upon then, on motion of said plaintiff by his attorney it is ordered by the Court, that said defendants be notified, by publication, of this order according to law, that said plaintiff has instituted, an action, on attachment in the Saint Louis Circuit Court, the object of which is to obtain a Judgment for the sum of Three hundred and forty-five dollars, against them, and that the goods or effects of the said defendants have been garnished in the hands of H. S. Hamilton, and that unless they be and appear at the next term of this Court, to be begun and held in the City of Saint Louis, on the fourth Monday of October next, on or before the sixth day of said term. Answer the action of said plaintiff, the same will be taken against the said defendants as confessed.
**Samuel Willi vs Syman Mower et al**
The Court having duly heard and considered the motion of said plaintiff, by his attorney, for Judgment on answer, and being thereof fully advised, doth order that, motion be overruled.
**Ewald Massaw vs Edward Bonean**
The Court having duly heard and considered the Demurrer of said defendant, and being thereof fully advised doth order that said Demurrer be overruled. Leave to plaintiff to amend in ten days, thereupon the said plaintiff, by his attorney, amends instanter, by interlining the words," the interest payable in store goods," after the words "per cent per annum," in the fifth line of plaintiff's petition. Six days time given defendant to answer.
**Charles Miller one of the Firm R. H. Miller & Co vs Orson W. Jerome, Thomas Bellfield Wm. Bellfield**
The Court having duly heard and considered the motion of said defendants to set aside non-suit, and being thereof fully advised doth order that said motion be overruled.
**Charles Bobb vs Laura A. Bobb**
The Court having duly heard and considered the Demurrer of the said defendant, by her attorney, and being thereof fully advised doth order that said motion be overruled. Leave to defendant to file her answer within ten days.
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**Viewer Page 18** (rcdbook1855_25_0017.jpg)
> Handwritten Page Number on Record Book: 10
**April Term 1855. Tuesday, April 24th, 1855.**
**Pierre Chouteau, James Harrison and Felix Valle vs Honore Janguay**
Judgment. Now at this day come the parties aforesaid by their respective attorney, and there upon come a jury, to-wit: J. S. Bailey, William Blackmore, William Bacon, Thomas Gardner, Z. J. Simmons, John Gallaher, John Vaughn, David Shepperd, D. Cordes, Mark Samuel, A. Cook and Elijah Corbit, who being duly elected, tried and sworn the matters in controversy will and truly to try, the trial of the cause having been concluded, the Jurors aforesaid upon their oaths aforesaid do find for the plaintiffs, and assess their damages at the sum of One hundred and seventy three dollars and seventy six cents. It is therefore considered and adjudged by the Court, that the said plaintiffs recover of said defendant, the sum aforesaid, in form aforesaid as found, and their costs and charges herein expended and that execution issue therefor.
**Henry Ashbrook, Sr and Robert Graham vs Steam Boat Sam. Gaty**
Judgment. Now at this day come the parties aforesaid by their respective attorneys, and thereupon come a jury, to-wit: J. S. Bailey, William Blackmore, William Bacon, Thomas Gardner, Z. J. Simmons, John Gallaher, John Vaughn, David Shepperd, D. Cordes, Mark Samuel, A. Cook and Elijah Corbit, who being duly elected, tried and sworn the matters in controversy will and truly to try, the trial of the cause, having been concluded, the Jurors aforesaid upon their oaths aforesaid do find for the plaintiffs in the sum of Four hundred and twelve dollars and sixty seven cents. It is therefore considered by the Court, that the said plaintiffs recover of said [defendant, and ?] Francis Watkins, principal, and Richard H. Cole security on the bond for the release of said defendant, the sum aforesaid, in form aforesaid as found, and their costs and charges herein expended, and that execution issue therefor.
**Aylett H. Buckner vs Josephus W. Hall**
Judgment. The Court having duly heard and considered the motion of said plaintiff, by his attorney, for Judgment on answer, and being thereof fully advised, doth order that said motion be sustained, and the said plaintiff, waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the said defendant is indebted to said plaintiff in the sum of Five hundred and sixty seven dollars and eighty five cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid, as found, and his costs and charges herein expended, and that execution issue therefor.
**Richard Lloyd vs George B. Brua**
The Court having duly heard and considered the Demurrer of the said defendant, by his attorney, and being thereof fully advised, doth order that said Demurrer, as to the fifth specification, be sustained, and as to all other specifications, doth order that said Demurrer be overruled. Ten days time given to amend plaintiff's petition.
**John A. Goodlett vs Reuben Bartlell and John M Wimer**
The Court having duly heard and considered the Demurrer of the said defendants, by their attorney, and being thereof fully advised, doth order that said Demurrer be sustained. Leave to plaintiff to amend petition in ten days, and it is ordered that a copy of the amended petition be served on the defendants.
**Susan A. Dameille vs John Dameille**
Default. Now at this day come the said plaintiff, by her attorney, but the said defendant, although duly notified by publication, the proof of which is this day filed, and called comes not but makes default, wherefore on motion of said plaintiff by her attorney, it is ordered by the Court that the petition of the said plaintiffs be taken against said defendant as confessed, and cause continued.
**Reiner Beuler vs William Ahrens**
On motion of plaintiff, by his attorney, leave is given said plaintiff, to file replication to offset within ten days.
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**Viewer Page 19** (rcdbook1855_25_0018.jpg)
> Handwritten Page Number on Record Book: 11
**April Term 1855. Tuesday April 24th, 1855.**
**Jacob Langsdorf and Isaac Rosenstien vs Emanuel Gottschalk**
Order of Publication. The Sheriff having made return that the said defendant against whom process issued in this cause, cannot be found, and the Court being satisfied that process cannot be served. It is, on motion of said plaintiffs ordered by the Court, that said defendant be notified, by the publication of this order, according to law, that said plaintiffs has instituted an action on attachment, in the Saint Louis Circuit Court, the object of which is to obtain a Judgment against the said defendant for the sum of Three hundred and forty five dollars and eighty cents, and that his property has been attached to satisfy the demand of the plaintiffs and that unless he be and appear, at the next term of this Court, to be begun and held in the City of Saint Louis, on the fourth Monday of October next, and on or before the sixth day of said term, answer the action of said plaintiff the same will be taken against said defendant as confessed.
William Samb, a native Ireland, who applies to be a citizen of the United States, comes and proves to the satisfaction of 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 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 will 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 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 Brittain and Ireland of whom he is at present a subject, Therefore the said William Samb is admitted a citizen of the United State of America.
**Rudolph Meyer vs Mississippi and Ohio Rail Road Company**
On motion of plaintiff by his attorney, it is ordered by the Court, that an alias writ of summons issue herein, returnable to the next term of this Court.
**Henry April vs James S. Thomas**
On motion of said plaintiff by his attorney, it is ordered by the Court, that an alias writ of summons issue herein, returnable to the next term of this Court.
**Eugenie Buehrle et al vs Jacob Buehrle**
Demurrer filed, and motion for security for costs filed.
**James O. Carson et al vs Steam Boat Upper Ferry**
Continued on affidavit of plaintiffs, on account of the absence of Duncan Fleak at their costs.
**John Squire et al vs Thomas Haslep**
Motion to strike out answer and for Judgment filed.
**Lorenzo Brann et al vs Napoleon B. Franklin**
Replication to offset filed.
**Norman Cutter et al vs John N. Boffinger et al**
Bill of Exceptions filed.
**Charles Fourville vs Anthyme S. Roland et al**
Answer filed.
**Samuel Rogers et al vs Francis Watkins**
Answer filed.
**Isaac Rosenfeld, Trustee &c. vs Charles Safrance et al**
The Court having duly heard and considered the demurrer of the said defendants by their attorney, and being thereof fully advised, doth order that said Demurrer be sustained. Leave given to amend plaintiff's petition within ten days so as to set forth and put in issue the character of the trust, mentioned in the petition.
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**Viewer Page 20** (rcdbook1855_25_0019.jpg)
> Handwritten Page Number on Record Book: 12
**April Term 1855. Tuesday April 24th, 1855.**
**Edward Ring vs Steamboat Michigan**
Default. Judgment. Now at this day comes the said plaintiff, by his attorney, but the said defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of said plaintiff, by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against the said defendant as confessed; and the said plaintiff waiving a Jury, submits this cause to the court, and the court having duly heard and considered the same, and being thereof advised, doth find from the instrument of writing on which this action is founded, that the said defendant is indebted to said plaintiff in the sum of One hundred and eighty dollars and sixty cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said Edwin A. Sheble and Charles K. Dickson, sureties on a bond for the release of the defendant the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.
**Anna Elizabeth Wilson vs Nathan Fellow Wilson**
It is ordered by the Court, that Judgment by default, entered herein on this day be and the same is hereby set aside.
**Susan A. Darmeille vs John Darmeille**
Proof of publication filed, and it is ordered by the Court, that Judgment by default entered herein on this day, be and the same is hereby set aside, Demurrer to plaintiff's petition having been filed.
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**Viewer Page 21** (rcdbook1855_25_0020.jpg)
> Handwritten Page Number on Record Book: 13
**April Term 1855. Wednesday, April 25th, 1855.**
The Court met pursuant to adjournment. Present as before.
**John M. Wimer vs George W. Rucker**
Judgment. Now at this day come the said parties, by their respective attorneys, and waiving a Jury submit, this cause to the Court, upon the pleadings, exhibits and proofs. And the Court having duly heard and considered the same, doth find from such proofs that said defendant is indebted to said plaintiff in the sum of Three hundred and ninety-two dollars and sixty-three cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid in form aforesaid, as found, and his costs and charges herein expended, and that execution issue therefor. Finding of the Court filed.
**William S. Buchman vs James Cohicks**
Judgment. Now at this day comes the said plaintiff by his attorneys, but defendant not appearing, and thereupon come a Jury to-wit: David Shepperd, John Warren, William M. Martin, J. S. Bailey, William Bacon, Thomas Gardner, Z. J. Simmons, John Gallaher, John Vaughn, Elijah Grant, D. Cordes and John Regan, twelve good and lawful men who being duly elected tried and sworn the matters in controversy will and truly to try, the trial of the cause having been concluded, the Jurors aforesaid, upon their oaths aforesaid, find for the plaintiff, and assess his damages at the sum of Eleven hundred dollars. It is therefore considered and adjudged by the Court, that the said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid, as found, and his costs and charges herein expended and that execution issue therefor.
**David F. Humphrey, Rodney G. Perley, Harvey W. Smith, Samuel B. Haseltine and Moses B. Haseltine vs The Steamboat Financier, et. 2.**
Judgment. Now at this day comes the said parties by their respective attorneys, and thereupon come a Jury to-wit: David Shepperd, John Warren, William M. Martin, J. S. Bailey, William Bacon, Thomas Gardner, Z. J. Simmons, John Gallaher, John Vaughn, Elijah Grant, D. Cordes and John Regan, twelve good and lawful men who being duly elected tried and sworn, the matters in controversy will and truly to try, the trial of the cause been concluded, the Jurors aforesaid, upon their oaths aforesaid, find for the plaintiff, and assess their damages at the sum of One hundred and five dollars and thirty five cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said Samuel E. Gray, R. Scott and J. H. Whitelaw, sureties on the bond for the release of the said defendant, the sum aforesaid, in form aforesaid, as found, and his costs and charges herein expended and execution issue therefor.
**Calvin C. Ford vs Dominick J. Childs and Nathaniel Childs jr John W. Thomburgh, James B. Ricords and John C. Ivory.**
Default. Judgment. Now at this day comes the said plaintiff by his attorney, but the said defendant although duly summoned and called come not but make defant, wherefore, on motion of said plaintiff, by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed, and the said plaintiff waiving a Jury, submits this cause to the court, and the court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendant are indebted to said plaintiff in the sum of Five hundred and twenty-two dollars and fifty cents. It is therefore considered and adjudged, by the Court, that said plaintiff recover of said defendant, the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.
---
**Viewer Page 22** (rcdbook1855_25_0021.jpg)
> Handwritten Page Number on Record Book: 14
**April Term 1855. Wednesday, April 25th, 1855.**
**Martin Mellinger, Robert Robinson David H. Lewis, James G. Caldwell John S. Dilworth and James Parks vs William Fulton and William N. Newell**
Default. Judgment. Now at this day come the said plaintiffs by their attorney but the said defendants although duly summoned and called, come not, but make default, wherefore on motion of said plaintiffs, by their attorney it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendants, as confesses: and the said plaintiffs waiving a Jury submit this cause to the Court, upon the pladings and proofs, and the Court having duly heard and considered the same, doth find that said defendants are indebted to said plaintiffs in the sum of Two hundred and fourteen dollars and four cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid, in form aforesaid, as found, and their costs and charges herein expended and that execution issue therefor.
**Ferdinand Schmitz vs Gottfried Nagle**
Dismissal. On motion of plaintiff, by his attorney, it is ordered by the Court, that this cause be dismissed at the costs of the plaintiff, and that execution be issued therefor.
**George B. Murry vs James Conrad et al**
Motion for Judgment against Couran filed.
**Caswell J. Snead et al vs John Black et al**
Motion to strike out certain portions of defendant's answer.
**In the matter of re-assignment of Brazean and Brother**
The assignee files his bond herein, which is approved by the Court.
**Christopher Rhodes et al vs Edward Chase, garnishee**
Traverse of garnishee's answer filed.
**Dennis M'Grath vs John Gregg et al**
Continued as on affidavit, at the costs of the plaintiff.
**Suey N. Bilsborrow vs William Bilsborrow**
Default. Now at this day come the said plaintiff, by her attorney, but the defendant, although duly notified by publication, the proof of which is this day filed, comes not but makes default, wherefore on motion of said plaintiff, it is ordered by the Court, that the petition of said plaintiff be taken against said defendant as confessed, and this cause is continued until the next term for final hearing.
**Sarah Freeman vs John Freeman**
Continued as on affidavit at plaintiffs costs.
**Samuel Jacks et al vs Jacob Benjamin**
Continued as on affidavit at defendants costs.
**Patrick Gore et al vs Steamboat C. Bealer**
Continued as on affidavit at defendants costs.
**Francis Charleson et al vs Edward St. Michel**
Answer and denial of interplead of Franklin A. Hunt, filed
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**Viewer Page 23** (rcdbook1855_25_0022.jpg)
> Handwritten Page Number on Record Book: 15
**Edward N. Bryan et al vs Edward St. Michael**
Answer and denial of interplea of Franklin A. Hunt filed.
**Richard Phillips vs Bank of the State of Missouri**
Now at this day comes, the said interpleaders by their attorney, and enters full and entire satisfaction of the Judgment rendered herein.
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**Viewer Page 24** (rcdbook1855_25_0023.jpg)
> Handwritten Page Number on Record Book: 16
**April Term 1855. Thursday, April 26th, 1855.**
The Court met pursuant to adjournment. Present as before.
**William C. Anderson jr. et al vs The Columbia Insurance Co. of S. C.**
Default. Now at this day come the said plaintiffs by their attorney, but the said defendant, although duly summoned and called come not but makes default wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of said plaintiffs be taken against said defendant as confessed, and that this cause be set for the fourth week of this term, for the assessment of damages.
**Nathaniel N. Halsted and Joseph Brokaw vs Baylis Chamblin**
Default. Judgment. Now at this day come the said plaintiffs by their attorney, but the said defendant, although duly summoned and called, comes not but make default, wherefore on motion of said plaintiffs, by their attorney it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendant as confesses, and the said plaintiffs waiving a Jury submit this cause to the Court, and the Court, having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the said defendant is indebted to said plaintiffs in the sum of Thirteen hundred and seventy three dollars and twenty-two cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid, in form aforesaid, as found, and their costs and charges herein expended, and that execution issue therefor.
**Joseph H. Taylor and Edward Taylor vs Daniel H. Donovan**
Default. Judgment. Now at this day come the said plaintiffs by their attorney, but the said defendant, although duly summoned and called, comes not but make default, wherefore on motion of said plaintiffs, by their attorney, it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendant as confesses: and the said plaintiffs waiving a Jury submit this cause to the Court, and the Court, having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the said defendant is indebted to said plaintiffs in the sum of Two hundred and eighty dollars and fifty cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid, in form aforesaid, as found, and their costs and charges herein expended, and that execution issue therefor.
**Daniel D. Page Henry D. Bacon Thomas Brown and Edward Wyman vs David O'Gorman**
Default. Judgment. Now at this day come the said plaintiffs by their attorney, but the said defendant, although duly summoned and called, comes not but make default, wherefore on motion of said plaintiffs, by their attorney, it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendant as confesses: and the said plaintiffs waiving a Jury submit this cause to the Court, and the Court, having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the said defendant is indebted to said plaintiffs in the sum of Two hundred and forty dollars and sixty six cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid, as found, and their costs and charges herein expended, and that execution issue therefor.
**John Birnie vs William O'Hara**
Plaintiff having failed to amend his petition, within the time hereof ore allowed for that purpose, and still declining further to amend, It is on motion of the defendant by his attorney, ordered by the Court that said plaintiff take nothing by his said suit in this behalf, and that said defendant go hence without day and recover of said plaintiff his costs and charges herein expended and that execution issue therefore.
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**Viewer Page 25** (rcdbook1855_25_0024.jpg)
> Handwritten Page Number on Record Book: 17
**April Term 1855. Thursday, April 26th, 1855.**
**Elizabeth Rude vs John Rude**
The Court having duly heard and considered the demurrer of the said defendant by his attorney, and being thereof fully advised, doth order that the said demurrer as to the second and third specification be sustained, and as to the first specification, doth order that the same be overruled, and that ten days time be given to amend the plaintiff's petition.
**William A Robinson vs Robert Stevens**
The Court having duly heard and considered the motion of said defendant, by his attorney, and being thereof fully advised, doth order that said motion be sustained.
**Logan Sleeper vs Jonathan Jones**
The Court having duly heard and considered, the motion of the said defendant, by his attorney, for security for costs, and being thereof fully advised doth order that said motion be sustained, and that the said plaintiff have thirty days in which to file the same, and that unless filed within said time, this cause do stand dismissed.
**Caswell J. Snead vs John Black et al**
The Court having duly heard and considered the motion of the said plaintiff, by his attorney to strike out certain portions of defendant's answer, and being thereof fully advised, doth order that said motion be overruled.
**Julien Gamache vs Grimm et al**
The Court having duly heard and considered the motion of the said defendants by their attorney to set aside Judgment and for new trial, and being thereof fully advised, doth order, that said motion be overruled.
William J. Knapp, presents his account for Docket and Record Books for fifty three dollars and fifty cents, which is allowed by the Court.
**Septeme D. de St. Andre vs The Madison County Ferry Co.**
No service having been made in this cause, it is stricken from the Docket.
**William Bachman vs James Cohicks**
Motion to set aside Judgment and affidavits filed.
**The Pennsylvania Oil Company vs Ralph B. Peck**
Amended answer filed.
**Susan A. Darneille vs John Darneille**
Demurrer to plaintiff's petition withdrawn.
**John Birne vs William O'Hara**
Plaintiff, having failed to amend his petition, within the time heretofore allowed, for that purpose, and still delining further to amend, The Court, on motion of the defendant doth proceed to enter final Judgment on the Demurrer to plaintiff's petition; and it appearing to the Court, that the plaintiff's petition, and the matters therein contained are not sufficient in law for the said plaintiff to have and maintain his aforesaid action, against the said defendant ; It is therefore considered by the Court, that said plaintiff take nothing by his said suit in this behalf, and that said defendant go hence without day arid recover of said plaintiff his costs and charges herein expended and that execution issue therefor.
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**Viewer Page 26** (rcdbook1855_25_0025.jpg)
> Handwritten Page Number on Record Book: 18
**April Term 1855. Friday, April 27th, 1855.**
The Court met pursuant to adjournment. Present as before.
**Julien Gamache vs Christian Grimm et al**
The Court having duly heard and considered the motion of the said defendants, by their attorney, to set aside Judgment and for a new trial, and being thereof fully advised doth order that said motion be sustained, upon the following terms, the said plaintiff is to pay the costs of his term, on or before the day of trial and the cause to be tried at the present term, and set for trial at the foot of the Docket for Wednesday May second, eighteen hundred and fifty-five.
**Reuben Beardslee vs Fumer Muddox**
The Court having duly heard and considered the Demurrer of said defendant, by his attorney, and being thereof fully advised doth order that said Demurrer, as to the first and second specification, be sustained, and as to the third specification, be overruled, and that the said plaintiff have ten day's time to amend his petition.
**John Dunn vs William Wade**
The Court having duly heard and considered the Demurrer of said defendant, by his attorney and being thereof fully advised, doth order that said Demurrer to sustained, and that the said plaintiff have ten day's time to amend his petition.
**Eugenie Buehrle et al vs Jacob Buehrle**
The Court having duly heard and considered the motion of said defendants, by security for costs, and being thereof fully advised, doth order that said motion be sustained, and that the said plaintiffs have thirty day's time to file the same. Security filed.
**James E. Darst vs John M. Levy**
Default. Now at this day comes the said plaintiff, by his attorney, but the said defendant, although duly notified by publication, the proof which is this day filed comes not but makes default, wherefore on motion of said plaintiff, it is ordered by the Court, that the petition of said plaintiff be taken against said defendant as confessed, and that this cause be continued until the next term of this Court for find hearing.
**Edmund D. Taylor vs James J. Swerenger**
The Court having duly heard and considered the motion of said plaintiff, by his attorney, for leave to issue execution, and being thereof fully advised, doth order that said motion be sustained.
**Frederick Menkins vs Anthony H. Menkins et al**
The Court having duly heard and considered the motion of said defendants, for a review re-hearing, and new trial and being thereof fully advised doth order that said motion be overruled.
**John Squire et al Thomas Harless**
The Court having duly heard and considered the motion of said plaintiffs to strike out answer, and for Judgment, and being thereof fully advised, doth order that said motion be overruled.
**David A. Herrick et al vs John Brooks**
The Court having duly heard and considered the motion of said plaintiffs, to strike out answer, and for Judgment, and being thereof fully advised, doth order that said motion be sustained.
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**Viewer Page 27** (rcdbook1855_25_0026.jpg)
> Handwritten Page Number on Record Book: 19
**April Term 1855. Friday, April 27th, 1855.**
**William D'Oench et al vs William Hessey**
Motion to strike out parts of defendant's answer filed.
**William A. Robinson vs Robert Stevens**
Motion to strike out answer filed.
**Matilda Roberson vs William Bradly**
Motion to strike out answer filed.
**James F. Glenn vs William E. Saltmarsh et al**
Motion to strike out parts of defendant's answer filed.
**Toussant Tourville vs Anthyme S. Roland et al**
Answer filed.
**Charles Tourville vs Anthyme S. Roland**
Answer filed.
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**Viewer Page 28** (rcdbook1855_25_0027.jpg)
> Handwritten Page Number on Record Book: 20
**April Term 1855. Saturday, April 28th, 1855.**
The Court met pursuant to adjournment. Present as before.
**James B. Hill vs Dominick J. Childs, Nathaniel Childs, jr. James B. Ricords, John W. Thomburgh and John C. Ivory**
Default. Judgment. Now at this day, comes the said plaintiff, by his attorney, but the said defendants although duly summoned and called come not but make default, wherefore on motion of said plaintiffs, by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against, said defendants as confesses; and the said plaintiff, waiving a Jury, submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing upon which this action is founded, that the said defendants are indebted to the said plaintiff in the sum of six hundred and seventy nine dollars and ninety eight cents. It is therefore considered and adjudged by the Court, that said plaintiff recover from said defendants the sum aforesaid, in form aforesaid, as found, and his costs and charges herein expended, and that execution issue therefor.
**James B. Hill vs Dominick J. Childs, Nathaniel Childs, jr. James B. Ricords, John Sefton and John C. Ivory**
Default. Judgment. Now at this day, comes the said plaintiff, by his attorney, but the said defendants although duly summoned and called come not but make default, wherefore on motion of said plaintiff, by his attorney, it is ordered by the Court, that the petition of the said plaintiff, be taken against said defendants as confesses; and the said plaintiff, waiving a Jury, submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing upon which this action is founded, that the said defendants are indebted to the said plaintiff in the sum of seven hundred and eighty-four dollars and fifty cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendants, the sum aforesaid, in form aforesaid, as found, and his costs and charges herein expended, and that execution issue therefor.
**Pierre Chouteau, jr. James Harrison and Felix Valle vs Henry Cobb**
Default. Judgment. Now at this day come the said plaintiffs by their attorney, but the said defendant although duly called and summoned comes not but make default, wherefore on motion of said plaintiffs, it is ordered by the Court, that the petition of the said plaintiff, be taken against said defendants as confessed and the said plaintiffs, waiving a Jury, submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing, on which this action is founded, that the said defendant is indebted to said plaintiffs in the sum of Three hundred and Thirty one dollars and Seventy-four cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant, the sum aforesaid, in form aforesaid, as found, and their costs and charges herein expended, and that execution issue therefor.
**Pierre Chouteau, jr. James Harrison and Felix Valle vs Thomas Arnold**
Default. Judgment. Now at this day come the said plaintiffs by their attorney, but the said defendant although duly summoned and called comes not but make default, wherefore on motion of said plaintiffs, by their attorney, it is ordered by the Court, that the petition of the said plaintiffs, be taken against said defendants as confessed and the said plaintiffs, waiving a Jury submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing, on which this action is founded that the said defendant is indebted to said plaintiffs in the sum of One hundred and seventy eight dollars and fifteen cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant, the sum aforesaid, in form aforesaid, as found, and their costs and charges herein expended and that execution issue therefor.
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**Viewer Page 29** (rcdbook1855_25_0028.jpg)
> Handwritten Page Number on Record Book: 21
**April Term 1855. Saturday, April 28th, 1855.**
**Pierre Chouteau, jr. James Harrison and Felix Valle vs Thomas Arnold and Augustus G. Otto**
Default. Judgment. Now at this day come the said plaintiffs by their attorney, but the said defendant, although duly summoned and called comes not but make default, wherefore, on motion of said plaintiffs, by their attorney, it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendants as confessed: and the plaintiffs, waiving a Jury submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing, on which this action is founded, that the said defendants are indebted to said plaintiffs in the sum of Two hundred and seventy two dollars and fifty-five cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid, as found, and their costs and charges herein expended, and that execution issue therefor.
**Caleb W. Baldwin vs Philip G. Ferguson et al**
The Plaintiff, by his attorney, asking leave to amend petition, it is granted by the Court, and amendment accordingly made, and thereupon, The Court having duly heard and considered the motion of said defendants, by their attorney, to strike out parts of petition, and being thereof fully advised, doth order that the same to overruled.
**Saurenz H. Apol vs Chicago and Mississippi R. R. Co.**
The Court having duly heard and considered the motion of said defendant, by its attorney to quash the return of the Sheriff, and being thereof fully advised, doth order that said motion be sustained.
**Comelius D. Sullivan et al vs Robert M O'Blenis**
The Court having duly heard and considered the Demurrer of said defendant by his attorney, and being thereof fully satisfied doth order that said Demurrer be overruled, and that said defendant have two days in which to file an answer.
**Charles Wolff et al vs Aaron H. Hackney**
On motion of plaintiffs by their attorney, leave [having ?] is given to withdrawn the Bill of Exchange and protest herein, it is ordered by the Court, that a Dedimus issue herein to the state of New York on the part of the Plaintiffs.
**Sophia Drunker vs Morris Drunker**
On motion of plaintiff by her attorney, it is ordered by the Court, that an alias writ of summons issue herein returnable to the next term of their Court.
**Sangninetle H. Benoist et al vs Saman E. Suber**
On motion of said defendant by his attorney, it is ordered by the Court, that a Dedimus issue herein to the state of Iowa, on the part of the said defendant.
**Calvin M. Mc. Ling et al vs William N. While et al**
Answer and offset filed. Replication filed.
**William F. Morgan vs Adam Doering**
Answer to amended petition filed.
**William Hargreaves et al vs Restcomb P. Perry et al**
The Court having duly heard and considered the Demurrer of said defendants, by their attorneys, It is ordered by the Court, that said Demurrer be sustained.
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**Viewer Page 30** (rcdbook1855_25_0029.jpg)
> Handwritten Page Number on Record Book: 22
**April Term 1855. Monday, April 30th, 1855.**
The Court met pursuant to adjournment. Present as before.
**Joseph Garneau vs Isabella Garneau**
Divorce. Judgment. Now at this day come the said parties by their respective attorneys and thereupon come a Jurry to-wit: J. S. Sally, William S. Jackson, Benjamin Sebaline, R. B. Davis, Edward Wallace, Benjamin F. Buchaman, George Gosnell, J. S. Kohler, Samuel Johnson, J. W. Pate, J. M. M'Henry and Elijah Corbett, twelve good and lawful men, who being duly elected tried and sworn the matters in controversy will and truly to try, the trial of the cause having been concluded, the Jurors aforesaid, upon their oaths aforesaid, do find for the plaintiff [is an innocent and in-jured party ?]. It is therefore, ordered, adjudged and decreed, by the Court, that the said plaintiff be absolutely and forever divorced from the bonds of matrimony by him contracted with the said defendant and that he be restored to all the nights and privileges of an unmarried person. It is further ordered by the Court that the said plaintiff, pay the costs of this proceeding, and execution issue therefor.
**Thomas H. Bate vs Thomas G. Stewart, Jonathan R. Stewart and Thomas Stewart**
Default. Judgment. Now at this day comes the said plaintiffs by his attorney and dismisses this cause as to Jonathan R. Stewart and Thomas Stewart, but the said Thomas G. Stewart, although duly summoned and called comes not but makes default, wherefore, on motion of said plaintiffs by his attorney, it is ordered by the Court, that the petition of the said plaintiff, be taken against said defendants as confessed: and the said plaintiffs waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find the instrument of writing, on which this action is founded, that the said defendant is indebted to said plaintiffs in the sum of One hundred and forty one dollars and eighty seven cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendants the sum aforesaid in form aforesaid, as found, and his costs and charges herein expended, and that execution issue therefor.
**George G. Presbury and Marcus Wolf vs Edward Pensenean and Narcissa Pensenean**
Default. Judgment. Now at this day come the said plaintiffs, by their attorney and dismiss as to the said Narcissa Pensenean, but the said Edward Pensenean, although, duly summoned and called comes not but makes default, Wherefore on motion of said plaintiffs, by their attorney It is ordered by the Court, that the petition of the said plaintiffs, be taken against said defendant's as confessed: and the said plaintiffs waiving a Jury submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the said defendants are indebted to said plaintiffs in the sum of Six hundred and fifty one dollars and Sixty two cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid in form aforesaid, as found, and their costs and charges herein expended, and that execution issue therefor.
**Thomas M. Fithian, George Barnard and James Barnard vs The Columbia Insurance Company of Carolina**
Default. Judgment. Now at this day come the said plaintiffs by their attorney and but the said defendant, duly summoned and called comes not but makes default, wherefore, on motion of said plaintiffs by their attorney it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendants as confessed, and the said plaintiffs waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same doth find from the petition, exhibits and proofs, for the plaintiffs and assess the damages by them sustained reason of the non-performance of the promises by the said defendant made, at the sum of Three thousand three hundred and forty-nine dollars and fifty cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid in form aforesaid, as found and their costs and charges herein expended, and that execution issue therefor.
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**Viewer Page 31** (rcdbook1855_25_0030.jpg)
> Handwritten Page Number on Record Book: 23
**April Term 1855. Monday, April 30th, 1855.**
**James E. Yeatman and George R. Robinson vs Lyman Mower and William Haslett**
Default. Now at this day come the said plaintiffs by their attorney but the said defendant William Haslett, although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney It is ordered by the Court, that the petition of the said plaintiffs be taken against said defendant as confessed and this cause is ordered to be placed in the fourth week for the assessment of damages.
**James E. Yeatman and George Robinson vs Lyman Mower and William Haslett**
Default. Now at this day come the said plaintiffs by their attorney but the said defendant William Haslett, although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney, It is ordered by the Court, that the petition of the said plaintiffs be taken against said defendant as confessed and [state ?] this cause is ordered to be placed in the fourth week for the assessment of damages.
**Henry Ashbrook jr. and Robert Graham vs O. H. Pratte**
On motion of said defendant, by his attorney, twenty days is given him in which to file an answer.
Thornton Grimsley, who is personally known to the Court, comes into open Court, and acknowledges the execution by him of a deed of emancipation, to Stephen, aged about forty-five years.
**Frederick Karup vs Louisa Karup**
Dismissal. On motion of said plaintiff, by his attorney it is ordered by the Court this cause be dismissed at the costs of the plaintiff.
**John H. Ranken, Extr. vs August Sochuer**
On motion of plaintiff, by his attorney, it is ordered by the Court that an alias writ of summons issue herein, returnable to the next term of this Court.
**William F. Morgan vs Adam Doering**
Motion to strike out answer and for Judgment filed.
**Comelius D. Sullivan et al vs Robert M O'Blenis**
On motion of said defendant, by his attorney, four day's additional time is given him, in which to file an answer.
**Reiner Benter vs William Ahrens**
Reply to defendant's offset and answer to plaintiff's amended petition filed.
**Abraham Wood et al vs George W. Kenrick et al**
No service having been made, this cause is stricken from the docket.
**Henry Brown vs Thomas S. Nelson**
Answer to rule filed.
**Joseph Murphy vs John G. Timmurman**
Answer filed.
**John A. Goodlett vs Reuben Barkett et al**
Amend petition filed.
**Nicholas Geschwindner vs Maria Geschwindner**
Continued by consent.
**Norman Cutter et al vs John N. Boffinger**
Continued as on affidavit, at defendant's costs.
---
**Viewer Page 32** (rcdbook1855_25_0031.jpg)
> Handwritten Page Number on Record Book: 24
**April Term 1855. Tuesday, May 1, 1855.**
The Court met pursuant to adjournment. Present as before.
John Adam Meyer, a native of Germany, who applies to be 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 at least one year, immediately preceeding this application, during which time he has concluded himself as a man of good moral character, attached to the principles of the Constitution of the United States, and will disposed to the good order and happiness of the same: and the Court, morrow, 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 Constituion of the United States, and that he doth absolutely renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty what particularly to the King of Westernburg of whom he is at present a subject, therefore the said John Adam Meyer is admitted a citizen of the United States of America.
**Pierre M. Chouteau and Ashley C. Hopkins. vs. The Metropolitan, Fire and Marine Ins. Co.**
Judgment. Now at this day come the said plaintiffs by their attorney, defendant not appearing, and thereupon come as Jury, to wit:- J. S. Sally, William S. Jackson, Benjamin Sebalin, R. B. Davis, Edwards Wallace, J. W. Granger, Coollman Nutt J. W. Frakes, A. Jeenhour, S. F. Hastings, Robert Gibson and Jere. Dailey, twelve good and lawful men who being duly elected tried and sworn, the matters in controversy will and truly to try, the trial of the cause having been concluded, the Jurors aforesaid upon their oaths aforesaid, defind for the plaintiffs, and assess the damages by them sustained by reason of the premises in their petition mentioned, at the sum of Thirty seven hundred and nine dollars and twenty eight cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendants, the sum aforesaid, in form, aforesaid as found, and their costs and charges herein expended, and that executive issue therefor.
**Joussaint Jownville vs Anthyne S. Roland and John G. Schman**
Now suit. Not at this day come the parties aforesaid, by their respective attorneys, and thereupon come a Jury, to wit: J. S. Sally, William S. Jackson, Benjamin Labelin, R. B. Davis, Edward Wallace, J. W. Granger, Collman Nutt, J. W. Frakes, A. Jeenhow S. J. Hastings, Robert Gibson and Jere. Dailey, twelve good and lawful men who being duly elected tried and sworn, the matters in controversy will and truly to try, the trial of the cause having been concluded the plaintiff by his attorney, says he will not further prosecute his said suit, but suffer a voluntary nonsuit, and mores the Court for leave to move to set the same aside, which is granted. It is therefore considered by the Court, that said plaintiff take nothing by his said suit in this behalf, and that said defendants go hence without day, and recover of said plaintiff their costs and charges herein expended, and have execution therefor.
**The Pennsylvania Oil Company vs Ralph B. Beck**
Now Suit. Now at this day [this day ?] this cause being called for trial, and neither party appearing, it is ordered by the Court, that the said plaintiff be non suited. It is therefore considered by the Court, that said plaintiff take nothing by its said suit in this behalf, and that said defendant go hence without day and recover of said plaintiff his costs and charges herein expended, and that execution issue therefor.
**William R. Ryo vs Wade H Heiskell et al.**
Now Suit. Now at this day, this cause coming on for trial and neither party appearing it is ordered by the Court, that the said plaintiff be non-suited. It is therefore considered by the Court, that said plaintiff take nothing by his said suit in this behalf, and that said defendants go hence without day and recover of said plaintiff his costs and charges herein expended, and that execution issue therefor.
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**Viewer Page 33** (rcdbook1855_25_0032.jpg)
> Handwritten Page Number on Record Book: 25
**April Term 1855. Tuesday, May 1, 1855.**
Substitution of Trustee. Upon the petition of John George Kiesel, to that effect, and it appearing to the Court, upon due notice filed, that C. E. Solmon, one of the trustees named to carry out the provisions of a certain deed of trust dated, the fifteenth day of March, Eighteen hundred and fifty four, recorded in the Recorder's office of Saint Louis County in Book 151, page 70, made by Edward Charles Schultse and Caroline his wife, for the benefit of said Kiesel Cestuique trust, refuses to act as such trustee and carry out, the provisions of said deed of trust, the Court doth order and decree, that the Sheriff of Saint Louis County, named in the alternative in said deed of trust to execute the same, is hereby appointed to execute said deed of trust and is declared to be possessed of all the rights, power and authority given to the trustee in said deed of trust.
**J. H. Taylor and E. Taylor vs George T. Bacon and William P. Fisher.**
Default. Now at this day come the said plaintiffs by their attorney, but the said defendant William P. Fisher although duly summoned and called comes not but makes default, Wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendants as confessed: and on motion of said plaintiffs by their attorneys, it is ordered by the Court, but an alias Summons issue herein, for George T. Bacon, returnable to the next of this Court.
**Joseph Weil and Max Weil vs Edward R. Bayer et all garns.**
Dismissal. Now at this day this cause being called for hearing and neither party appearing, it is ordered by the Court that said Garnishees be discharged at the costs of the said plaintiffs, and that execution issue therefor.
**Charolette Kleinsmith vs Hermann Thawerd**
The Court having duly heard the demurrer of the said defendant to the said plaintiff's petition, and being thereof fully advised, doth order that said Demurrer, be overruled, and that said defendant have ten days in which to file his answer.
**Henry B. Belt vs John M. Wimer**
The Court having duly heard and considered the objections to the Report of the Commissioner, and motion to refer the same back, and being thereof fully advised, doth order that said objections and motion be overruled.
**Thomas F. Glemin vs William E. Saltmarsh et al**
The Court having duly heard and considered the motion of said plaintiff, by his attorney, to strike out answer and parts of answer, and being thereof fully advised, doth order that said motion be overruled, and that the said plaintiff have leave to amend his petition during the present term.
**George B. Murray vs James Couran and al**
The Court having duly heard and considered the motion of said plaintiff buys attorney, to strike out answer of Couran and for Judgment, and being thereof fully advised, doth order that said answer be stricken out, and that the said Couran have leave to file answer within two days, and that the said plaintiff have leave to amend his petition, in the Christian name of the defendant La Beaume.
**John Busby vs Gideon B. Blakey et al**
The Court having duly heard and considered the demurrer of the said defendants, to the petition of the said plaintiff, and being, thereof fully advised, doth order that said demurrer be sustained and that said plaintiff have leave to file an amended petition during the present term.
**The Pennsylvania Oil Company vs G. H. Wood**
No service having been made, it is ordered by the Court, that this cause be stricken from the Docket.
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**Viewer Page 34** (rcdbook1855_25_0033.jpg)
> Handwritten Page Number on Record Book: 26
**April Term 1855. Tuesday, May 1, 1885.**
**William S. Bochman vs James Cohicks**
The Court having duly heard and considered the motion of said defendant to set aside Judgment, and being thereof fully advised doth order that said motion be overruled. Motion in arrest filed.
**Theodore C. Foote and Daniel D. Foote vs True Worthy Hoit**
The defendant in this cause, enters his appearance in this action.
**J. H. Taylor et al vs Henry Stratman**
On motion of the said plaintiffs by their attorney, it is ordered by the Court, that an alias writ of Summons issue herein, returnable to the next term of this Court.
**The Ohio Life Ins. and Trust Co. of Ohio vs George Trowbridge and John G. Priest**
On motion of the said plaintiff, by its attorney, it is ordered by the Court that an alias writ of Summons issue herein, returnable to the next term of this Court, to bring in the said defendant George Trowbridge, and cause continued.
**John Lowery and Archibald Lowery vs Daniel M. Frost**
Motion to strike out answer and for Judgment filed.
**Ewald Massaw vs Edward Boneau**
Answer filed.
**Frederick W. Ingle et al vs Christopher Ludluff et al**
Answer filed.
**Charles Tourville vs Anthymo L. Roland et al**
Continued by consent.
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**Viewer Page 35** (rcdbook1855_25_0034.jpg)
> Handwritten Page Number on Record Book: 27
**April Term 1855. Wednesday, May 2, 1855.**
The Court met pursuant to adjournment. Present as before.
**Charles Balmer vs E. Block, Henry Block and Samuel Jacks, Raphael Keiler and Adolf Isaacs**
Default. Judgment. Now this day comes the said plaintiff by his attorney but the said defendants, although duly summoned and called, but make default, wherefore on motion of said plaintiff by his attorney, It is ordered by the Court, that the petition of the said plaintiff be taken against the said defendants as confessed; and the said plaintiff waving a Jury submits the cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Two hundred and Eighty dollars and Eighty cents. It is therefore considered and adjudged by the Court, that said plaintiff to recover of said defendant the sum aforesaid, in form aforesaid, as found, and his costs and charges herein expanded, and that execution issue therefor.
**Linus Jackson vs Joseph Mcentire and Alhambra Reeder.**
Default. Now at this day comes the said plaintiff, but his attorney but the said defendant Joseph McEntire, although duly summoned and called comes not but makes default, Wherefore on motion of said plaintiff, by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against the said defendant Joseph McEntire as confessed; and on motion of said plaintiff, it is ordered by the Court, that an alias suit of summons issue as to the said defendant Alhambra Reeder, returnable to the next term of this Court.
**Samuel Stillwell vs Patrich Maher**
Default. Now at this day comes the said plaintiff by his attorney, but the said defendant, although duly summoned and called comes not, but makes default, Wherefore on motion of said plaintiff, by his attorney it is ordered by the Court that the petition of the said plaintiff be taken against said defendant as confessed; and that this cause be placed on the fourth week docket for assessment of damages.
**Susan A. Daneille vs John Daneille**
Default. Now at this day comes the said plaintiff by her attorney, but the said defendant, although duly notified and called comes not but makes default, Wherefore on motion of said plaintiff, by at her attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against him as confessed and that this cause be placed on the fourth week docket for hearing.
**Michael A O'Rourke, vs George B. Field, garnishee of Thomas W. Smith**
On motion of said plaintiff by his attorney, it is ordered by the Court, that said garnishee be discharged, at the costs of said plaintiff and that he be allowed five dollars for his time and trouble in answering herein, to be taxed as costs, [herein; ?] and that execution issue therefor.
**Christopher Rhodes et al vs Edward D. Appleton, garnishee of Metropolitan Insurance Company**
On motion of said plaintiff by his attorney, it is ordered by the Court, that said garnishee be discharged, and the costs of said plaintiff, and that he be allowed ten dollars for his time and trouble in in answering herein to be taxed as costs and that execution issue therefor.
**Edward Massaw vs Edward Boneau**
Motion for Judgment on answer filed.
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**Viewer Page 36** (rcdbook1855_25_0035.jpg)
> Handwritten Page Number on Record Book: 28
**April Term 1855. Wednesday, May 2, 1855.**
Julie Ann Davis, whose identity is proven by John W. Skinner and John A. Kassow, comes into open Court, and acknowledges the execution by her properties of Emancipation to Andrew Jackson Davis, aged about twenty five years.
Richard C. Shackelford and H. J. Bodley come into open Court and prove the signatures of Thomas Y. Brent Surviving Trustee, and Elizabeth L. Hart and her husband Henry C. Hart, to a deed of emancipation to James now aged about twenty eight years.
**William Hargreaves et al vs Restcome P. Perry et al**
On motion of said plaintiff by their attorney, ten days time is given in which to file an amended petition.
**Charles Bobb vs Lama A. Bobb**
On motion of said defendant by her attorney, leave is given to file an answer during the present term.
**George F. Kaufman vs Margaretha Kaufman**
Motion to strike out answer and for Judgment filed.
**William S. Bochman vs James Cohicks**
Motion to strike from the records, defendants motion in arrest of Judgment, filed
**Newman Robirds et al vs Firemen's Insurance Company.**
Answer filed.
**Cornelius D. Sullivan et al vs Robert McO'Blenis**
Answer and offset filed.
**Ashley C. Sugg et al vs John J. Roe**
Answer filed.
**Thomas M. Fithian et al vs Henry Annes et al garns.**
Answer of John J. Roe, filed.
**Christopher Rhodes et al vs Edward Chase garns.**
Continued.
**Robert Paterson et al vs John B. Camden**
Continued.
**Julien Gamache vs Christian Grimm et al**
Now at this day come the parties aforesaid, by their respective attorneys, and thereupon come a Jury to wit: J. L. Sally, William S. Jackson, Benjamin Lebaline, R. B. Davis, Edward Wallace, B. F. Buchanan, George Gosnell, I. S. Kohler, Samuel Johnson, J. W. Pate, J. M. McHenry and I. B. Ganter, twelve good and lawful men, who being duly elected tried and sworn, the matters in controversy well and truly to try the trial of the cause having progressed, but not being finished is laid till to-morrow morning at nine o'clock.
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**Viewer Page 37** (rcdbook1855_25_0036.jpg)
> Handwritten Page Number on Record Book: 29
**April Term 1855. Thursday, May 2, 1855.**
The Court met pursuant to adjournment. Present as before.
In the matter of the assignment of Dayton T. Card, for the benefit of creditors.
On the application of Melvin S Gray, assignee of the said Dayton T. Card, and in view of the facts set forth, in the petition of said Gray, assignee as aforesaid, asking for a modification of the order of sale, of the personal property, belonging to said assignment, heretofore made herein, the Court doth order, in the premises, as follows to-wit: That said assignee, may sell the remaining stock of merchandize and carriages, no one hand, and private sale, till the first day of June, eighteen hundred and fifty-five. and from the first day of June, eighteen hundred and fifty-five, to the first day of July, Eighteen hundred and fifty-five, said assignee may sell said stock of merchandize and carriages, both at private sale and at auction from time to time, as the business may require and justify, and on the first day of July, Eighteen hundred and fifty-five, the said assignee shall close out the remainder of said stock of merchandise and carriages, at auction, as rapidly as can be done, without sacrifice. The sales under the modified order to be made, on the same, terms as to time and security as our presented in the original order of sale herein.
**Pierre M. Chouteau and Ashley C. Hopkins vs The Metropolitan Insurance Company**
And now come the plaintiffs into Court and remit the sum of Thirty six dollars and eighty eight cents, from the Judgment obtained by them against defendant, and consent that Judgment stand upon the verdict for sum of thirty six hundred and seventy-two dollars.
**Richard R. Field, Reuben Beardslee, John R. Field, Isaac N. Field and Thomas Beardslee vs Michael Leonardy**
On plea in Abatement.
Judgement. Now tat this day come the parties aforesaid, by their respective attorneys, and thereupon come a Jury to wit: R. N. Locke Coleman Nutt, I. W. Frakes, L. F. Hastings, A. Icenhour, Iere. Daily Elijah Corbett, Tracy P. Turner, Paul Dejule, Henry C. Lynch, David Shepperd, and Enoch Vaughn, twelve good and lawful men who being duly elected tried and sworn the Matters in controversy well and truly to try, the trial of the cause having been concluded, the Jurors aforesaid upon their oaths aforesaid do fine for the defendant. It is therefore considered and adjudged by the Court, that this suit be dismissed, at the costs of the said plaintiffs, and that execution issue therefor.
**Josiah Waddell vs Elijah Kirkman**
Dismissal. On motion of said plaintiff by his attorney, it is ordered by the Court the discourse be dismissed at the costs of the said plaintiff, and that execution issue therefor. Leave is given said plaintiff to withdraw the note upon which this action is founded.
**Eugenie Buehrle et al vs Jacob Buehrle**
The Court having duly heard and considered the Demurrer of said defendant to said plaintiffs' petition, and being there of fully advised, doth order that said Demurrer be overruled. Leave is given said defendant to file his answer herein, on or before the first day of the next term of this Court.
**Toussaint Tourville vs Anthyme L. Roland**
Motion to set aside non-suit and grant a new trial filed.
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**Viewer Page 38** (rcdbook1855_25_0037.jpg)
> Handwritten Page Number on Record Book: 30
**April Term 1855. Thursday, May 3, 1855.**
**North Missouri Rail Road. vs David Martin and Trecey Martin his wife Joseph Frendley and Tabitha Frendly his wife, John Hoke and Octavia Hoke his wife, William Majors and Helen Majors his wife, Joseph Spalding and Elizabeth Spalding his wife and James Willoughby and Jane Willoughby his wife.**
Now at this day come the parties aforesaid by their respective attorneys, and no exceptions being filed to the Report of the Commissioners filed herein on the seventh day of March of Eighteen hundred and fifty-five, and no cause being shown to the contrary, it is on motion of said plaintiff by its attorney, ordered by the Court, the said Report be ratified and confirmed, It is therefore considered and adjudged by the Court that said defendants recover of said plaintiff, the sum of One hundred and seventy dollars and Eleven cents, for damages by them sustained, by reason of the premises in said petition mentioned: the Court doth further further order and decree, that upon the payment of the same, that the title to the land prayed to be condemned for the use of said Rail Road, in the petition of the said plaintiff, and described as follows to-wit: "Situated and being in the county of St Louis aforesaid and being part of a larger tract of land formerly owned by John Hertz, now deceased, and conveyed to the said John Hertz, from Thomas Withintow, Junior, by deed bearing date the 17th day of May Eighteen hundred and thirty, and recorded in Book Q, at page One hundred and thirteen, commencing at a point where the centre line of the track, now being constructed, for the North Missouri Rail Road, numbered Six hundred and thirty, and thence a strip of land one hundred feet in width- its eastern and western boundary lines coinciding with the northeast and northwest lines of said larger tract-through said tract and terminating where the centre line of said tract crosses the north west line of said tract, bounded by Martin and others at station numbered Six hundred and thirty eight 56/100- the magnetic course of said strip, being south eighty-five degrees and fifty- minutes west, and the widths on each side of said centre line, going westwardly, forty- three feet six inches on the right and forty six feet six inches on the left side of said centre line" - [That said the land is owned by said Trecey Martin, for the terms of her natural life, and the remainder after her death, is owned as follows, to-wit: the said David M. Martin owns three eighth parts of said of said reminder, and the residents thereof is owned in equal portions by the said Tabitha Frendly, Octavia, Hoke, Helen Majors, Elizabeth Spalding and Jane Hertz", ?] be vested in said Rail Road forever and it is further ordered by the Court, that the costs of this proceeding be paid by said plaintiffs, and that execution issue therefor.
**North Missouri Rail Road. vs David Martin and Trecey Martin his wife Joseph Frendley and Tabitha Frendly his wife, John Hoke and Octavia Hoke his wife William Majors and Helen Majors his wife Joseph Spalding and Elizabeth Spalding his wife and James Willoughby and Jane Willoughby his wife.**
Now at this day come the parties aforesaid by their respective attorneys and no exceptions being filed to the Report of the Commissioners, filed herein on the seventh day of March of Eighteen hundred and fifty-five, and no cause being shown to the contrary, it is on motion of said plaintiff by its attorney, ordered by the Court, the said report be ratified and confirmed. It is therefore considered and adjudged by the Court, that said defendants recover of said plaintiff, the sum of One hundred and eighty eight dollars and sixty-five cents, for damages by them sustained, by reason of the premises in said petition mentioned: and the Court doth further order and decree, that upon the payment of the same, that the title to the land prayed to be condemned, in the petition of the said plaintiff, for the use of said Rail Road, and described as follows, to-wit: "Situated and being in the County of Saintt Louis, aforesaid and being part of a larger tract of land which was conveyed by Thomas Withintow, senior, to John Hertz, Thomas Withintow, Junior, James Withintow, and William Withintow by deed bearing date the seventeenth day of March Eighteen hundred and thirty, and recorded in Book Q' at page sixty seven, and which contains twenty seven aspens ot thereabouts- commencing at a point where the centre line of the track, now being constructed, for the North Missouri Rail Road crosses north east boundary of said tract bounded by George Hale at section number Six hundred and twenty-nine 18/100 - and thence a strip of land one hundred feet in width, through said tract, and terminating where the centre line of said tract crosses the line of said tract bounded by the north east line of Estate of John Hertz deceased at station numbered Six hundred and thirty. also commencing at a point where the centre line of John Hertz; a state at station number six hundred and thirty eight 56/100, and thence a strip of land, one hundred feet wide running through said tract, and terminating where the centre line of said track crosses the north west line of said tract bounded by R. E. Bland, at station number six hundred and forty three 26/100- the eastern and western lines of the said strips coinciding with the boundary lines of said tract where the same intersects- the magnetic course of the centre line of said strips being south eighty- five degrees and fifty-nine minutes west, and the widths on each side of said centre line, going westwardly being forty- three feet six inches on the right, and fifty- six feet six inches on the left of said centre line", be vested in said Rail Road forever. And it is further ordered, by the Court, that the costs of this proceeding be paid by said plaintiffs, and that execution issue therefor.
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**Viewer Page 39** (rcdbook1855_25_0038.jpg)
> Handwritten Page Number on Record Book: 31
**April Term 1855. Thursday, May 3, 1855.**
**Julien Gamache vs Christian Grimern and John Steffenaner,**
Now at this day come the parties aforesaid, by their respective attorneys, and the Jury duly empannelled and sworn herein also come, and this cause having been concluded, the Jurors aforesaid upon their oaths aforesaid, "fine for the plaintiff in the sum of two hundred and sixty two 50/100 Dollars, less thirty-five dollars, usury".
And thereupon comes the said plaintiff by his attorney, and remitting the sum of twenty-seven dollars and fifty cents, interest awarded him by the Jury, upon the sum of five hundred dollars, and the Jury having found that the amount of interest upon the said principal sum of five hundred dollars, over and above the legal ratio of six per cent per annum, is thirty-five dollars; It is therefore ordered and adjudged by the Court, that the said plaintiff do recover of the said Defendants, the sum of four hundred and sixty five dollars (being the amount of the said principal sum of five hundred dollars, after deducting as well the amount of interest remitted as aforesaid; as the illegal interest as found by the Jury. And that the said plaintiff and execution therefor. And it is further ordered and adjudged by the Court, that the sum of sixty [five ?] dollars and seventy eight cents,(being the whole amount aggregate of the interest upon the said principal sum of five hundred dollars, after the deductions aforesaid, at the rate there on of six per cent. per annum, and the said usurious interest be and the same is accordingly here by set apart for the use of the County of Saint Louis for the benefit and use of Common Schools; and the Sheriff of Saint Louis County is hereby ordered to collect the said sum of sixty-[five ?] dollars and seventy eight cents, of the said defendants, and when so collected, to pay the same over to the said County, to go and form a part of the Common-School fund of said County, according to the statute: in such case made in provided. And it is further ordered and adjudged that the said defendants do recover of the said plaintiff, Their costs herein.
**Green Erskino vs John G. Webb et al**
Sheriff's Report of Sale filed and confirmed. Turner Maddox, Sheriff of the County of Saint Louis, files his Report of Sale herein and it appearing to the Court, that said sale has been in all respects legally conducted. It is ordered by the Court, that said Sheriff execute deeds to the purchaser thereof and that after paying the costs of this proceeding, he pay over the balance of the proceeds of said sale to the parties entitled thereto.
**John Carnall vs Richard Jones, garnishee of George DeBaun**
Judgment on Garnishment. Now at this day comes the said plaintiff by his attorney, but the said defendant, Richard Jones, although duly summoned and called comes not, but makes default, Wherefore, the said plaintiff waiving a Jury submits this cause of the Court, upon the pleadings, exhibits and proofs, and the Court having duly heard and considered the same doth find from such proofs, that since the service of the garnishment, the said garnishee, Richard Jones, became, is indebted to George DeBaun, by Judgment rendered in the Saint Louis Court of Common Pleas, for the sum of Seven Hundred and fifty-four dollars and sixteen cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said Richard Jones, garnishee, herein, the sum of Three hundred and ninety two dollars and eighty-six cents, and his costs and charges herein expended, and that execution issue therefor.
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**Viewer Page 40** (rcdbook1855_25_0039.jpg)
> Handwritten Page Number on Record Book: 32
**April Term 1855. Friday may 4, 1855.**
The Court met pursuant to adjournment. Present as before.
John Llwellyn, a native of England, who applies to be 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 the 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 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 is at present a subject; therefore the said John Llwellyn is admitted a citizen of the United States of America.
**John Theodore Berghoff vs Simon Sigrist**
Default. Judgment. Now at this day come the said plaintiff by his attorney, but the said defendant although duly summoned and called comes not but makes default, Wherefore on motion of said plaintiff by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed; and the said plaintiff waiving a Jury, submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendant is indebted to said plaintiffs in the sum of Sixteen hundred and eighty dollars. It is there fore considered and adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.
**Pierre M. Chouteau and Ashley C. Hopkins vs Edward D. Appleton and S. R. Clark garnishees of the Metropolitain Insurance Company**
On motion of said plaintiffs by their attorney, it is ordered by the Court, that the garnishees herein be discharged, at the costs of said plaintiffs, and that they be allowed the sum of ten dollars, for their time and trouble in answering herein, to be taxed as costs and that execution issue therefor.
**John Robertson and John McDougall vs Mary Ann Nichols and William L. Sloss, garns. of George De Baun, jr and George W Sprate**
On motion of said plaintiffs by their attorney, it is ordered by the Court, no allegations and interrogations having been filed, that the garnishees herein be discharged, at the costs of the said plaintiffs, and that execution issue therefor.
**Missouri State Mutual Fire and Marine Ins. Co. vs Joseph L Papin**
Dismissal. On Motion of said plaintiff, by its attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Julien Gamache vs. Christian Grimm et. al.**
Motions to set aside Judgment and for new trial filed.
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**Viewer Page 41** (rcdbook1855_25_0040.jpg)
> Handwritten Page Number on Record Book: 33
**April Term 1855. Saturday, May 5, 1855.**
The Court met pursuant to adjournment. Present as before.
**Robert Peyingham vs James Couran**
By consent of said parties, by their attorneys, it is ordered by the Court that the Non-suit rendered herein, on the Eighteenth of April Eighteen hundred and fifty-five, be set aside, and that costs abide the event of this suit, and cause continued.
**Robert P. Hall et al vs Steam Boat Michigan**
Default. Now at this day come the said plaintiffs by their attorney, but the said defendant, although duly summoned and called comes not but makes default Wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of the said plaintiffs be taken against said defendant as confessed and that the cause be placed on the fourth week Docket for the assessment of damages.
**Caleb W. Baldwin vs Philip G. Ferguson et al**
Motion to strike out portions of petition, filed.
**John O'F. Farrar vs Samuel Ruland et al**
Amended answer filed by leave of Court, with leave to plaintiffs, within five days, to elect whether or not to proceed to trial this term.
**John A. Goodlett, vs Renben Bartlett et al**
Separate answer of Wimer filed.
**Wyllys King et al vs Charles Clarkson et al**
Proof of publication filed.
**Cornelius D. Sullivan et al vs Robert M O'Blenis**
Demurrer to off-set filed
**The Bank of Missouri vs Worden P. Penn et al**
Allegations and interrogatories filed
**John Dunn vs William Wade**
Amended petition filed.
**Richard Lloyd, vs George B. Brua**
Answer filed
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**Viewer Page 42** (rcdbook1855_25_0041.jpg)
> Handwritten Page Number on Record Book: 34
**April term 1855. Monday, May 7, 1855.**
The Court met Pursuant to adjournment. Present is as before.
**Susan A. Daneille vs John Daneille**
Divorce. Judgment. Now at this day comes the said plaintiff, by her attorney, and waving a Jury, submits this cause to the Court, upon the pleadings, exhibits and proofs and the Court having duly heard and considered the same doth finder from such proofs that the said plaintiff is an innocent and injured party. It is therefore ordered, adjudged and decreed, by the Court that the said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant, and that she be restored to all the rights and privileges of an unmarried person. It is further ordered by the Court, that said defendant pay the costs of this proceeding and that execution issue therefor.
Turner Maddox, Esquire, Sheriff of the County of Saint Louis comes into open Court, and acknowledges that the execution by him of a deed as Sheriff as aforesaid, to Green Erskine, of all the right, title, interest, claims and estate, of John G. Webb and others, party to proceeding, lately pending in the Saint Louis Circuit Court, for the enclosure of a certain mortgage, of, in and to the following described real estate, in Saint Louis County to-wit: "A certain tract of land, being in the township of St Ferdinand, Missouri, containing one hundred and forty eight acres, more or less; being all the land which the plaintiff and John Erskine had ever purchased off Aaron Gamsey and Sucy, his wife the boundaries of which will now distinctly appear by reference to three deeds of said tracts of land, recorded in the recorder's office of St Louis County, one of said deeds from Elisha Patterson and his wife to Aaron Gamsey, is dated the tenth day of March Eighteen hundred and thirty one, one from Aaron Gamsey and sucy his wife, to Green and John Erskine, is dated the second day of September, Eighteen hundred and thirty four, the said mortagaged tract being the same conveyed by the plaintiff and John Erskine, and their wives unto said Webb and Chapin by deed of even date with the said mortagage deed, together, with all and singular the buildings, erections, mills, houses, outhouses, and improvements of every description thereon; by an order of sale made by the Saint Louis Circuit Court made on the seventh day of March Eighteen hundred and fifty five.
James MacKoy, whose identity is proven, by two witnesses, comes into open Court, and acknowledges the execution, by him, of a deed of emancipation, executed in favour of Corah aged about thirty years.
**Asa Nail vs Alfred Pots et al**
Motion to compel plaintiff to elect upon which grounds he will rely to sustain attachment filed; and on motion of said defendants by their attorney, it is ordered that a decliner issue herein and to the State of Iowa, to take depositions on the part of noble Newport, who interpleads herein.
**Samuel Jacobs vs James H. McLean**
On motion of the said plaintiff by his attorney, it is ordered by the Court, that a decliner issue herein, to the State of Virginia on the part of the plaintiff.
**Thomas C. Reynolds vs Adolf Meyer et al**
Continued as on affidavit, of said defendants.
**The German Saving Institution, vs William H Belcher et al**
Continued by consent.
**Logan Sleeper vs Jonathan Jones**
Answer filed.
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**Viewer Page 43** (rcdbook1855_25_0042.jpg)
> Handwritten Page Number on Record Book: 35
**April term 1855. Monday, May 7, 1855.**
**Joshua W. Owings vs John D. McMurray and Morris Pawley**
Judgement. Now at this day comes said plaintiff as well as said defendant John D. McMurray by their respective attorneys but the said defendant Morris Pawley although duly warned and solemnly called comes not, but makes default, Wherefore the Court doth find from the instrument of writing upon which this action is founded that said defendant is indebted to the plaintiff in the sum of three hundred and twenty two dollars and seventy seven cents, and thereupon the issue joined between plaintiff and defendant McMurray are by consent submitted to the Court, and the trial progressed and being finished the Court doth find that said defendant is indebted to said plaintiff in the Sum of three hundred and twenty two dollars and seventy seven cents. It is therefore considered by the Court that said plaintiff recover of said defendants, the debt aforesaid in form as found, and also his cost and charges herein expended, and that execution issue therefor. Finding of the Court filed.
**Henry S. Patterson vs John D. McMurray and Morris Pawley**
Judgement. Now at this day comes as well the said plaintiff as said defendant John D. McMurray by their attorney but the said defendant Morris Pawley although duly warned and solemnly called comes not but makes default, wherefore the Court doth find from the instrument of writing, upon which this action is founded that said defendant is indebted to said plaintiff in the sum of Four hundred and Twenty dollars and Twenty five cents, and thereupon the issue joined between the said plaintiff and the said defendant McMurray, are by consent, submitted to the Court, and the trial trial progressed and being concluded the Court doth find that said defendant is indebted to said plaintiff in the Sum of Four hundred and Twenty dollars and Twenty five cents. It is therefore considered by the Court that said plaintiff recover of said defendants, the sum aforesaid, in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor. Finding of the Court filed.
**Samuel Hale and James Hale vs John D. McMurray and Morris Pawley**
Judgment. Now at this day come the parties aforesaid by their respective attorneys, and waiving a Jury submit this cause to the Court, upon the pleadings, exhibits and proofs, and the Court having duly heard and considered the same, doth find from such proofs, that said defendants are indebted to said plaintiffs in the sum of Six hundred and ten dollars and fifty cents. It is therefore considered by the Court, that said plaintiffs recover of said defendants the sum aforesaid, in form aforesaid as found, and their costs and charges herein expended and that execution issue therefor. Finding of the Court filed.
**Morris B. Mann, Joseph Sugarman and Adolph Ettmann vs Jacob Benjamin**
Judgment. Now at this day come the parties aforesaid by their respective attorneys, and waiving a Jury, submit this cause to the Court, upon the pleadings exhibits and proofs, and the Court having duly heard and considered the same doth find from such proofs, that said defendant is indebted to said plaintiffs in the sum of Two hundred and forty four dollars, and forty five cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant, the sum aforesaid, in form aforesaid as found, and their costs and charges herein expended, and that execution issue therefor. Finding of the Court filed.
**Joseph Murphy vs John G. Timmermann**
Judgment. Now at this day come the parties aforesaid by their respective attorneys and consent that Judgement may be rendered herein for the sum of Five hundred and thirty four dollars and five cents. It is therefore considered and adjudged by the Court, that the said plaintiff recover of said defendant the sum aforesaid in form aforesaid, as found and his costs and charges herein expended, and that execution issue therefor. And, by consent of parties, it is ordered by the Court that execution herein be stayed until the first day of July, Eighteen Hundred and fifty five.
**Charles Wolff et al vs Aaron H. Hackney**
Continued by consent.
**Calvin M. McClure et al vs William N. While et al**
Continued.
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**Viewer Page 44** (rcdbook1855_25_0043.jpg)
> Handwritten Page Number on Record Book: 36
**April Term 1855. Monday, May 7, 1855.**
**Benjamin Stickney and Leonard Scolley vs Steam Boat Michigan**
Judgment. Now at this day come the parties aforesaid by their respective attorneys and waiving a Jury submit this cause to the Court, upon the pleadings, exhibits and proofs and the Court having duly heard and considered the same, and being thereof fully advised, doth find from such proofs, that said defendant is indebted to said plaintiff in the sum of one Hundred and eighty seven dollars. It is therefore considered and adjudged by the Court, that said plaintiff recover of Edwin A. Sheble and James B. Eads, sureties on the bond for the release of the said defendant, the sum aforesaid, in form aforesaid, as found and their costs and charges herein expended and that execution issue therefor.
**Wyllys. King, Richard Bigalow, George P. Doaw, William A. Doaw, Richard H. Bigalow and Charles E. king vs Charles Clarkson and Paul B. Patchin**
Judgment. Now at this day come the parties aforesaid by their respective attorneys, and waiving a Jury submit this cause to the Court, upon the pleadings exhibits and proofs, and the Court having duly heard and considered the same and being thereof fully advised, doth find from such proofs, that said defendants are indebted to said plaintiffs in the sum of nine hundred and one dollars and ninety five cents. It is therefore considered and adjudged, by the Court, that said plaintiff recover of said defendants the sum aforesaid in form aforesaid, as found, and their costs and charges herein expended and that execution issue therefor.
**Moses M. Cook vs Lyman Mower, William Haslett David Beakey and John Beakey**
Judgment. Now at this day comes the said plaintiff and dismisses his said suit as to the said David Beakey, but the said John Beakey and the said William Haslett although duly summoned and called, come not but make default, Wherefore, on motion of said plaintiff by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendants John Beakey and William Haslett, as confessed and the said parties plaintiff and Lyman Mower by their attorneys, submit this cause to the Court upon the pleadings exhibits and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said defendants are indebted to said plaintiff in the sum of three hundred and forty eight dollars and fifty cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendants, the sum aforesaid, in form aforesaid as found, and his costs and charges herein expended and that execution issue therefor. Finding of the Court filed.
**Henry B. Warner and Sylvester E. Langdow vs Lyman Mower, William Haslett, David Beakey and John Beakey**
Judgment. Now at this day come the said plaintiffs and dismiss their said suit as to the said David Beakey but the said John Beakey, and the said William Haslett although duly summoned and called come not but make default, wherefore on motion of said plaintiffs by their attorney, it is ordered by that the petition of the said plaintiffs be taken against said defendants as confessed: and the said plaintiffs and Lyman Mower waiving a Jury submit this cause to the Court, upon the pleading, exhibits and proofs, and the Court having duly heard and considered the same doth find from such proofs, said defendants are indebted to said plaintiffs in the sum of four hundred and fifteen dollars and ninety five cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants, the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor. Finding of the Court filed.
**Samuel Willi vs Lyman Mower, William Haslett David Beakey and John Beakey**
Judgment. Now at this day come the said plaintiff, by his attorney, and dismisses his said suit, as to the said David Beakey, but the said John Beakey and William Haslett although duly summoned and called come not but make default. Wherefore on motion of said plaintiff by his attorney, it is ordered by the Court, that the petition of the said plain tiff be taken against said defendant as confessed and the said plaintiff and the said Lyman Mower, by their attorneys, waiving a Jury submit this cause to the Court, upon the pleadings, exhibits and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said defendants are indebted to said plaintiff in the sum of four hundred and twenty two dollars and twenty four cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendants the sum aforesaid, in form aforesaid, as found, and his costs and charges herein expended, and that he have thereof execution. Finding of the Court filed.
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**Viewer Page 45** (rcdbook1855_25_0044.jpg)
> Handwritten Page Number on Record Book: 37
**April Term 1855. Monday, May 7, 1855.**
**Thomas Harmon, admr of John Gordon died vs John Regan**
Judgment. Now at this day come the parties aforesaid, by their respective attorneys, and waiving a Jury, submit the cause to the Court, upon the pleadings, exhibits and proofs, and the Court, having duly heard and considered the same doth find from such proofs, that said defendant is indebted to said plaintiff in the sum of One hundred and seventy one dollars and seventy cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid, in form of aforesaid, as found, and their costs and charges herein expended and that execution issue therefor.
**Samuel Stillbrook vs Patrick Mahir**
Judgment. Now at this day come the parties aforesaid, by their respective attorneys and waiving a Jury, submit this cause to the Court, upon the pleadings exhibits and proofs, and the Court having duly heard and considered the same, doth find from such proofs, that said defendant is indebted to said plaintiff, in the sum of One hunded and seventeen dollars and eighty cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid, as found, and his costs and charges herein expended, and that execution issue therefor.
**Charles B. Inuitt, Robert W. D. Inuitt Samuel S. Crutzborg and John F. Bennett vs Ralph B. Peck**
Judgment. Now at this day, the parties aforesaid, by their respective attorneys, and waiving a Jury submit this cause to the Court, upon the pleadings, exhibits and proofs, and the Court having duly heard and considered the same, doth find from such proofs, that said defendant is indebted to said plaintiff's in the sum of Five Thousand thirty seven dollars and ninety one cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant, the sum aforesaid in form aforesaid as found, and their costs and charges herein expended, and that execution issue therefor.
**John C. Deganhardt vs Frederick Maw**
Judgment. Now at this day come the parties aforesaid, by their respective attorneys, and waiving a Jury, submits this cause to the Court, upon the pleadings exhibits and proofs, and the Court having duly heard and considered the same, doth find from such proofs, that said defendant is indebted to said plaintiff in the sum of Four hundred and one dollars and sixteen cents. It is therefore considered an adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid, in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.
**James E. Darst vs John M. Levy**
Judgment. Now at this day, come the parties aforesaid, by their respective attorneys and waiving a Jury, submit this cause of the Court, upon the pleadings, exhibits and proofs and the Court having duly heard and considered the same, doth find from such proofs, that said defendant is indebted to said plaintiff, in the sum of Six hundred and fifty-five dollars and sixty one cents. It is therefore considered an adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid in form aforesaid as found, and his costs and charges herein expended, and that execution issue therefor.
**Joseph Waite vs John Gilman, Lewis Bissell Archibald Carr and James A. Rodgers**
Now at this day come the parties aforesaid with their respective attorneys, and the said plaintiff dismisses this cause as to Lewis Bissell, and thereupon come a Jury to wit: A. Sweet, Walter Shields, G. F. Gleason, William Bacon, I. S. Salley, E. Alkin, John C. Porter, I. J. Smith Bernard Sobeline, I. H. Henry, I. A. Andrews and I. S. Simpson, twelve good and lawful men, who being duly elected tried and sworn, the matters in controversy well and truly to try the trial of the cause, having been concluded, the Jury retire to consider their verdict.
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**Viewer Page 46** (rcdbook1855_25_0045.jpg)
> Handwritten Page Number on Record Book: 38
**April Term 1855. Tuesday, May 8, 1855.**
The Court met pursuant to adjournment. Present as before.
**George B. Murray vs James Conran and C. Edmund Sabeaume**
Default. Judgment. Now at this day comes the said plaintiff, by his attorney, and dismisses his said suit as to C. Edmund Sabeaume, but the said defendant, James Conran, failing to file answer, within the time allowed by the Court, [being duly summoned and called comes not but makes default, Wherefore ?] on motion of said plaintiff, by his attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed; and the said plaintiff waving a Jury submits this cause to the Court, the Court having duly heard and considered the same, doth find from the instrumentof writing on which this action is founded, that said defendant is indebted to said plaintiff in the sum of One thousand and seventy two dollars and fifty cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid as found, and his costs and charges here in expended, and that execution issue therefor.
**Sandford B. Kellogg vs John C. Ivory**
Judgment. The Court having duly heard and considered the motion of the said plaintiff, to strike out answer and for Judgement and being there of fully advised, doth order that said motion be sustained; Wherefor, on motion of said plaintiff, by his attorney, it is ordered by the Court, that the petition of the said plaintiff, be taken against said defendant as confessed, and the said plaintiff waving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Five hundred and twenty eight dollars and forty five cents. It is therefore considered by the Court, that said plaintiff recovered of said defendant the sum aforesaid, in form aforesaid, as found, and his costs and charges here in expended, and that execution issue therefor. Motion for new trial filed.
**Joseph Waite vs John Gilman, Archibald Carr and James A. Rogers**
Judgment. Now at this day come again the parties aforesaid by their respective attorneys, and the Jury duly empanelled and sworn here in, also come, and the Jurors aforesaid upon their oaths aforesaid, do find for the plaintiff, and assess his damages at the sum of Two hundred and eighty dollars, and ten cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendants, the sum aforesaid in form aforesaid, as found, and his costs and charges here in expended, and that execution issue therefor. Motion for new trial filed.
**William C. Anderson, jr Joseph H. Coun Eliza Hays and Duncan S. Carter Samuel Gaty, John S. McCune & Gerard B. Allen vs The Columbia Insurance Co. of Columbia. S. C**
Judgment. Now at this day this cause coming on to be heard, and the said defendant not appearing, the said plaintiffs by their attorney waving a Jury submits this cause to the Court upon the pleadings, exhibits and proofs, and the Court having duly heard and considered the same doth find that said plaintiffs have sustained damages, by reason of the non-performance of the promises by said defendant made, at the sum of Two thousand seventy nine dollars and eighty cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid, in form aforesaid as assessed, and their costs and charges herein expended, and that execution issue therefor. Allegations and interrogatories fired, by leave of Court.
**Samuel Jacob vs James H. McLean**
Continued as on affidavit of plaintiffs.
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**Viewer Page 47** (rcdbook1855_25_0046.jpg)
> Handwritten Page Number on Record Book: 39
**April Term 1855. Tuesday, May 8, 1855.**
**Henry Boernstein and Fredrick Schaefer vs Sinnow Eimer**
Non Suit. Now at this day this cause being called for trial, and neither party, nor the Interpleaders appearing, it is ordered by the Court, that said Interpleaders be nonsuited. It is therefore, considered by the Court, that said Interpleaders take nothing by their said suit in this behalf, and that said defendant go hence without day and recover offset Interpleaders his costs and charges herein expended and that execution issue therefor.
**Harriet Hambleton vs Dennis W. Hambleton**
Divorce. Judgment. Now at this day, comes the said plaintiff by her attorney, but the said defendant, although duly notified and called comes not what makes default Wherefore on motion of said plaintiff, by her attorney, it is ordered by the Court, that this petition of the said plaintiff be taken against said defendant as confessed; and the said plaintiff waiving a Jury submits this cause to the Court upon the pleadings exhibits and proofs, and the Court having fully considered the same doth Finder from said proofs, that said plaintiff is an innocent and in injured party. It is Therefore considered adjudged and Decreed that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant, and be restored to all the rights and privileges of an unmarried person. It is further ordered by the Court, that the said defendant pay all the costs in in this proceeding and that execution issue therefor.
**Matilda Roberson vs William Bradley**
The Court having duly heard and considered the motion of said plaintiff, to strike out answer, and being thereof fully advised, doth order that said motion be sustained, unless defendant, within five days costs down is adhering to be signed according to the statuete and leave to plaintiff to amend petition in ten days.
**Toussant Tourville vs Anthymo L. Roland**
The Court having duly heard and considered the motion of said plaintiff to set aside non-suit and grant a new trial ans being thereof fully advised doth order that said motion be overruled.
**William D'Qench et al vs William Hessey**
The Court having duly heard and considered the motion of said plaintiff to strike out parts of defendant's answer, and being thereof fully advised, doth order that said motion be sustained, and leave to defendant to file an amended answer within ten days.
**George F. Kaufman vs Margaretha Kaufman**
The Court having duly heard and considered the motion of said plaintiff, to strike out answer, and being thereof fully advised, doth order that said answer be stricken out, and that said defendant, have twenty days in which to file her amended answer.
**John Lowery et al vs Daniel M. Frost**
The Court having duly heard and considered the motion of said plaintiffs to strike out answer and for Judgement, and being thereof fully advised doth order that, said motion be overruled.
**William Robinson vs Robert Stevens**
The Court having duly heard and considered the motion of said plaintiff to strikeout answer, and being thereof fully advised doth order that said motion be sustained and that said defendant have twenty days in which to file an amended answer.
**William F. Morgan vs Adam Doering**
The Court having duly heard and considered the motion of said plaintiff, to strike out answer and for Judgement and being thereof fully advised, doth order that said motion be overruled.
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**Viewer Page 48** (rcdbook1855_25_0047.jpg)
> Handwritten Page Number on Record Book: 40
**April Term 1855. Tuesday, May 8, 1855.**
**Henry Ashbrook jr et al vs O. H. Pratte**
Answer filed.
**Jacob Fuckler vs William H. Fuckler**
Demurer to additional replications filed.
**Henry Boernstein and Frederick Shaeffer vs Simon Eimer**
Interplea. Non Suit. Now at this day the interpleader herein being called for trial and neither party appearing, it is ordered by the Court, that the said interpleader be non-suited at cost to be taxed herein, and that execution issue therefor.
**William W. Bloomfield vs Edwin R. Mason**
Judgment. Now at this day come the parties aforesaid by their respective attorneys and waiving a Jury, submit this cause to the Court, upon the pleadings, exhibits and proofs, and the Court having duly heard and considered the same, doth find from such proofs, that said defendant is indebted to said plaintiff in the sum of nine hundred and seventy four dollars and seventy five cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid, as found, and his costs and charges herein expended, and that execution issue therefor. Finding of the Court filed.
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**Viewer Page 49** (rcdbook1855_25_0048.jpg)
> Handwritten Page Number on Record Book: 41
**April Term 1855. Wednessday, May 9, 1855.**
The Court met pursuant to adjournment. Present as before.
**Thomas S. Nelson vs Henry Brown**
On Rule to show Cause. And now at this day come the said Thomas S. Nelson, as well as the said Henry Brown and submit the pleadings and proofs to the Court, and the Court having fully advised upon the same, does consider that the said Brown is not entitled to have said rule upon said Nelson made absolute and refuses the same, therefore it is considered by the Court that the said Nelson be discharged from the said rule and the said Brown do pay the costs of this proceeding. It is therefore ordered and adjudged by the Court, that the said Thomas S. Nelson have and recover of and from the said Henry Brown, the costs in this behalf expended, and have thereof execution.
**Martha J. Bailey vs Richard A. Bailey**
Divorce. Judgment. Now at this day comes said plaintiff by her attorney, the defendant not appearing and [and ?] the petition of the plaintiff having heretofore been taken against the said defendant as confessed, and the plaintiff attorney waiving a Jury submits this cause to the Court upon the pleadings, [exhibits ?] and proofs, and the Court having duly heard and considered the same, doth find from such proofs, that the plaintiff is an innocent and injured party. It is therefore ordered adjudged and decreed, that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant, and that she be restored to all the rights and privileges of an unmarried person. It is further ordered by the Court that said defendant pay the costs of this proceeding and the education issue therefor.
**Asa Nail vs Alfred Potts and Oliver G. Potts**
Judgment. Now at this day come the said parties by their respective attorneys and the defendant Oliver G. Potts by his attorney comes and by leave of Court filed his motion to quash the attachment, for the reason that the affidavit is not sufficient, being in the disjunctive throughout, and all and singular the premises being heard and seen by the Court, it is ordered that, unless the said plaintiff shall forthwith file a good and sufficient affidavit under the statute said motion be sustained; there upon the said plaintiff having filed pursuant to the leave given, by the Court, another affidavit, the defendant Oliver G. Potts, by his attorney comes and moves the Court for judgement, upon the first motion to quash the attachment for the reason that the amended affidavit filed by leave of Court is not sufficient in this, that it states no cause for an attachment upon notes not yet due, which in the statute, and all and singular the premises being seen and heard by the Court; it is ordered and adjudged that the said motion last made be sustained, and that the attachment be dissolved. It is therefore considered by the Court that each plaintiff take nothing by his said suit in this behalf, and that said defendant Oliver G. Potts go hence without day and recover of said plaintiff, his costs and charges herein expended and that said defendant have thereof execution. Motion for the filed.
**Robert P. Hall and Eustace H Smith vs Steamboat Michigan**
Judgment. Now at this day comes said plaintifs, by their attorney, and waiving a Jury submit this cause to the Court upon the pleadings, exhibits and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said defendant is indebted to said plaintiff in the sum of four hundred and three dollars and sixty nine cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said Edwin A Sheble and R. C. Mc Allister, sureties on the bond for the release of the said defendant, their costs and charges herein expended, and that execution issue therefor.
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**Viewer Page 50** (rcdbook1855_25_0049.jpg)
> Handwritten Page Number on Record Book: 42
**April Term 1855. Wednessday, May 9, 1855.**
**Orson Tousley et al vs Francis Saler et al**
On motion of said defendants, by their attorney, Six days time is given in which to file an answer herein.
**Charles G. Cranston vs Ferdinand Stango et al**
On motion of said defendants, by their attorney, Six days time is given in which to file an answer herein.
**Charlotte Kleinsmith vs Heinmann Frawerd**
On motion of said defendants by their attorney, ten days time is given in which to file an answer herein.
**Louis Roberts et al vs Unknown heirs of Joseph Beylle et al.**
Report of Commissioners filed.
**Thomas B. Liggett vs Edward K. Woodward**
Answer filed.
**Edward Matthews vs John Sigerson**
Continued.
**Richard R. Field et al vs Hermann Peiper**
Continued by Consent.
**Joseph A. Eddy et al vs Herman Peiper**
Continued by consent.
**Thomas Slevin et al vs Hermann Peiper**
Continued by consent.
**Thomas Walsh vs Lyman Mower**
Continued as on affidavit at the plaintiff's costs.
**Patrick Slevin et al vs Herman Peiper**
Continued by consent.
**Thomas Walsh vs Lyman Mower**
Continued as on affidavit at the plaintiff's costs.
**John P. Corring et al vs Lyman Mower**
Continued as on affidavit at the plaintiff's costs.
**Edward Matthers vs John Sigerson**
On Motion of said plaintiff, but his attorney, leave is given by the Court, to amend [in the first of ?] the petition, by inserting in the first line the name of "James", instead of "John", and also as a further amendment, the words "for value received, negotiable and payable, without defaleation or discount, at the Bank of the State of Missouri", by interlineation, after the words "from date", and the fourth line of the petition. Leave given to defendant to file his answer herein within Ten days.
**Ewald Massaw vs Edward Boneaw**
The Court having duly heard and considered the motion of said plaintiff for Judgement on answer, and being thereof fully advised doth order that said motion be overruled.
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**Viewer Page 51** (rcdbook1855_25_0050.jpg)
> Handwritten Page Number on Record Book: 43
**April Term 1855. Thurday, May 10, 1855.**
The Court met pursuant to adjournment. Present as before.
**Louis Robert and Mary his wife Nelson Robert, Charles Robert, Louis Robert, 2d, Nathaw Allen and Odillo his wife and Charles C. Whittlesey vs The Unknown heirs of Joseph Beylle and the unknown heirs of Joseph Levelingge**
Report Confirmed and Order of sale. Now at this day, the report of the Commissioners heretofor filed herein, being presented to the Court, for confirmation, and the Court being satisfied that said report is just and correct, and no objections being made to the confirmation thereof, it is now ordered by the Court, that said report be confirmed and made firm and effectual forever; and it appearing the Court from said report that partition in kind cannot be had of the property described in the plaintiff's petition herein, without great prejudice to the parties herein, it is on motion of the plaintiffs by their attorney, ordered by the Court, that the Sheriff of St Louis County, do proceed to sell the following described tract, "parcel of survey, number 1.897, containing eleven hundred and eighty four acres, more or less, situate in Township forty three, north of range three east, bounded on the north-east, by land sold by Auguste Chouteau to Pyatt and Juks and the north east boundary line of said survey, on the south east by the merimac river, and on the south-west by a line to be run from the north-west boundary line of the survey to the Merimac, parallel to the said north-east boundary, so as to include the quantity of eleven hundred and eighty four acres, said tract being also bounded west by lots one, seven and eight of the sub-division of said survey, in the Chouteau partition, and south by the merimac river", according to the sub-divisions made by the Comissioners, on the following terms to-wit: One third cash, and the remainder in equal payments of six, twelve, eighteen and twenty four months, secured by notes bearing interest, and deeds of trust, upon the premium sold, and that he make report of his proceedings under this order to this Court.
**Joseph T. Gilbert, jr, Gay R. Printiss and Austin S. Tuttle vs Daniel M. Frost.**
Judgment. Now at this day come the parties aforesaid, by their respective attorneys, and waiving a Jury, submit this cause to the Court, upon the petition and amended answer, and evidence as agreed upon, and the Court having duly heard and considered the same, doth find that said defendant is indebted to said plaintiffs, in the sum of Three Thousand five hundred and sixty two dollars and thirty cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the some aforesaid in form aforesaid, as found, and their costs and charges herein expended, and that execution issue therefor.
**James Clemens jr vs Bryan Mullanphy et al**
On Motion of said plaintiff, by his attorney, leave his given by the Court, to amend his petition by striking out the following words in the description of the tract number three, to wit: "and a half", "I. B. Tison, I. B. Lorins and", and inserting the words, "and A Lorins".
**The King of Prussia vs Felix Coste, admr.**
On motion of plaintiff, by his attorney, leave is given by the Court to file an amended petition, and ten days is given said defendant, in which to file an answer thereto.
**Toussaint Tourville vs Authynee S. Roland**
Bill of execptions filed.
**John Dunn vs William Wade**
Demurer to amended petition filed.
**Joseph Waite vs John Gilman et al**
Motion for new trial filed.
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**Viewer Page 52** (rcdbook1855_25_0051.jpg)
> Handwritten Page Number on Record Book: 44
**April Term 1855. Thursday, May 10th, 1855.**
**John Mosslander vs James Bolger**
Replevin. And now at this day comes the said plaintiff by his attorney, and files herein his petition duly verified by affidavit and prays the Court for an order of replevin, on behalf of said plaintiff, against said defendant, for the possession of the property mentioned and described in plaintiff's of said petition, and the same being fully considered by the Court, It is ordered that said defendant be required to deliver to the Sheriff the property mentioned and described in plaintiff's said petition, and if the same be not delivered to the Sheriff, that he be required to take the same from the defendant, and deliver the same to the plaintiff.
The Court met pursuant to adjournment. Present as before.
John Chilton, a native of England, who applies to be a citizen of the United State, 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 he has conducted himself as a man of good moral character; attached to the principles of the Constitution of the United States, and will 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 absolutely renounce and abjure, forever, all allegiance and fidelity to every foreign power, prince, State and Sovereignty whatsoever, and particularly to Victoria of whom he is at present a subject, therefore the said John Chilton is admitted a citizen of the United State of America.
**James M. Syons et al vs Joseph S. Hull et al**
It is suggested, to the Court, that since the last continuance of this cause, Julia N. Hall, wife of D. C. Hall, has departed his life, and Julia Elouisa Hall, by her guardian, David C. Hall, enters her appearances, as party defendant herein, and files her answer.
**George Meyers vs Frederick Noicom**
Dedimus, On motion of said defendant, by his attorney, it is ordered by the Court, that a Dedimus issue herein, to the State of New York, on the part of said defendant.
**William W. Bloomfield vs Edwin R. Mason**
Motion for review filed.
**Pennsylvania Oil Company vs Ralph B. Peck**
Motion to set aside nonsuit filed.
**Francis Charleson et al vs Edward St. Michel**
Stipulations filed.
**William Satimer et al vs Edward St Michel**
Stipulations filed.
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**Viewer Page 53** (rcdbook1855_25_0052.jpg)
> Handwritten Page Number on Record Book: 45
**April Term 1855. Saturday May 12th, 1855.**
The Court met pursuant to adjournment. Present as before.
**North Missouri Rail Road vs Seroy Kingsland**
Judgment. Now at this day, comes the said defendant, by his attorney, and no exceptions being filed to the Report of the Commissioners filed herein on the nineteenth day of October, Eighteen hundred and fifty-four, and no cause being shown to the contrary, It is on motion of said defendant, ordered by the Court, that said Report be notified and confirmed.
It is therefore considered and adjudged by the Court, that said defendant recover of said plaintiff the sum of nine hundred and five dollars, for damages by him sustained by reason of the premises in said petition mentioned. And the Court doth further order and decree, that upon the payment of the same, that his title to the land prayed to be condemned, in the petition of the said plaintiff, for the use of the said Rail Road and described as follows, to wit: "Situated and being in the county of Saint Louis and bounded as follows, beginning at a point in the southern boundary line of the Land of said SeRoy Kingsland, on the west side of the centre line of the track of said Rail Road, now being constructed at a distance of fifty-feet, perpendicular from said centre line-thence in a line parallel with the said centre line to the northern boundary line of said land-thence with said northern boundary line crossing the rail-road track aforesaid at station number 13.78 1/2 to a point in said northern boundary line, at a perpendicular distance of fifty-feet from said centre line of the track and on the east side thereof thence in a line parallel with said centre line to the southern boundary line of said land thence, with said southern boundary line crossing said rail-road track at station number 12.88 to the beginning - the same being part of a larger track owned by said SeyRoy Kingsland, containing Three arpents more or less lying on the Bellefontaine road and bounded on the north by Erastus Wells on the south by Adolphus Meier," be rested in said rail road forever. And it further ordered by the Court, that the costs of this proceeding be paid by said plaintiff, and that execution issue therefor.
**John Strasser vs Benjamin Brooks**
Dismissal. On motion of said plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff, and that execution issue therefor.
**Thomas W. Elliott and William N. Elliott vs John Patterson and Joseph Shinkle**
Now at this day comes the said defendant Joseph Shinkle, and enters his appearance as party defendant herein, and on motion of said plaintiffs by their attorney, it is ordered by the Court, that a writ of summons issue to bring in the said defendant, returnable at the next term of this Court.
**Henry Hambleton vs Peter Bandury Garesche admr.**
Dismissal. On motion of said defendant, it is ordered by the Court, that a Dedimus issue herein to the State of Arkansas, on the part of said defendant.
**Thomas S. Nelson vs Henry Brown**
Motion to set aside rule of ninth of May, Eighteen hundred and fifty five, filed and the Court having duly heard and considered the same, and being thereof fully advised doth order that said motion be overruled.
**Sandford B. Kellogg vs John C Ivory**
The Court having duly heard and considered the motion of said defendant, for a new trial and being thereof fully advised doth order that said motion be overruled.
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**Viewer Page 54** (rcdbook1855_25_0053.jpg)
> Handwritten Page Number on Record Book: 46
**April Term 1855. Saturday, May 12th, 1855.**
**William W. Bloomfield vs Edwin R. Mason**
The Court having duly heard and considered the motion of said defendant for a review of the law, and being thereof fully advised, doth order that said motion be overruled.
**Pennsylvania Oil Company vs Ralph B. Peck**
The Court having duly heard and considered the motion of said plaintiff, to set aside a non-suit herein and being thereof fully advised doth order that said motion be sustained, at the costs of the said plaintiff.
In the matter of the assignment of John W. Kaeckell
The Court appoints Charles C. Whittlesey Commissioner, to audit the accounts of the assignee herein, and make his report thereon.
**Samuel Gaty, et al vs Steamboat Winchester,**
Claim of Henry Hitchcock filed.
**Samuel Gaty et al vs Steamboat Reindeer**
Claim of Henry Hitchcock filed.
**Warren Reed vs F. R. Conway**
Motion for security for costs filed.
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**Viewer Page 55** (rcdbook1855_25_0054.jpg)
> Handwritten Page Number on Record Book: 47
**April Term 1855. Monday, May 14th, 1855.**
The Court met pursuant to adjournment. Present as before.
**Frodon C. Foote and Daniel D. Foote vs True Worthy Idoit**
Default. Judgment. Now at this day come the said plaintiffs by their attorney, duly notified and called comes not but makes default; wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of the said plaintiffs, be taken against said defendant as confessed; and the said plaintiffs waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that the he said defendant is indebted to said plaintiffs in the sum of One thousand and seventy four dollars and seventy three cents. It is therefore, considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid, in form aforesaid, as found, and their costs and charges herein expended, and that execution issue therefor.
**Calvin Stegleman, Nathan Johnson, and Zedediah Guild vs Silas H. Roberts and David G. Haggard**
Judgment. Now at this day come the said plaintiffs by their attorney and the said defendants, herein, file their answer, confessing to be indebted to said plaintiffs in the sum of Seven hundred and eighty eight dollars and sixty cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendants the sum aforesaid, in form aforesaid, as confessed, and their costs and charges herein expended, and that execution issue therefor.
**George Meyers vs Frederick Norcum**
Dedimus. On motion of said defendant, by his attorney, it is ordered by the Court, that a Dedimus issue herein, to the State of New York, on the part of the said defendant.
**Thomas M. Fithiaw et al vs Henry Ames et al garns**
Answer of Henry Ames and Edgar Ames filed.
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**Viewer Page 56** (rcdbook1855_25_0055.jpg)
> Handwritten Page Number on Record Book: 48
**April Term 1855. Tuesday, May 15th, 1855.**
The Court met pursuant to adjournment. Present as before.
Patrick W. John, a native of Ireland, who applies to a citizen of the United States, comes and proves to the satisfaction of the Court, that he has resided in the United States at least five years 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 will 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 is at present a subject, therefore the said Patrick W. John, is admitted a citizen of the United States of America.
Charles H. F. Cramer, a native of Germany, who applies to be a citizen of the United 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 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 will 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 the King of Prussia, of whom he is at present a subject, therefore the said Charles H. F. Cramer, is admitted a citizen of the United States of America.
**Richard R. Field, Reuben Beardslee, John K. Field, Isaac N. Field and Phineas Beardslee vs Hermann Peiper**
Judgment. Now at this day come the parties aforesaid by their respective attorneys, and by consent, the said plaintiffs dismiss their attachment clause, in their process, and take Judgment for the amount sued for, as if they had commenced then suit by the ordinary process of summons, to-wit: for the sum of seven hundred and six dollars and thirty six cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant, the sum aforesaid, in form aforesaid as agreed upon, and their costs and charges herein expended, and that execution issue therefor.
**Joseph A Eddy, Joseph A. Jemison, Jabish P. Eddy, Austin M. Bissell, Amos Cottings jr., & Charle C. Helmens vs Herman H Peiper**
Judgment. Now at this day come the parties aforesaid by their respective attorneys, and by agreement, the said plaintiffs dismiss their attachment clause, in their process, and take Judgment for the amount sued for, as if they had commenced their suit by the ordinary process of summons to-wit: for the sum of seven hundred and sixty three dollars and sixty five cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant, the sum aforesaid, in form aforesaid as agreed upon, and their costs and charges herein expended, and that execution issue therefor.
**Thomas Slevin and Charles Slevin vs Herman H. Peiper**
Judgment. Now at this day come the parties aforesaid by their respective attorneys, and by agreement, the said plaintiffs dismiss their attachment clause, in their process, and take Judgment for the amount sued for, as if they had commenced their suit by
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**Viewer Page 57** (rcdbook1855_25_0056.jpg)
> Handwritten Page Number on Record Book: 49
**April Term 1855. Tuesday, May 15th, 1855.**
the ordinary process of summons, to wit: for the sum of two hundred and thirty three dollars and seven cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant, the sum aforesaid in form aforesaid, as agreed upon, and their costs and charges herein expended, and that execution issue therefor.
**Patrick Slevin and Bernard Slevin vs Herman H. Peisser**
Judgment. Now at this day come the parties aforesaid by their respective attorneys, and by agreement, the said plaintiffs dismiss their attachment, clause in their process, and take Judgment for the amount sued for, as if they had commenced their suit by the ordinary process of summons, to wit: for the sum of Seven hundred and seventy eight dollars and fifty four cents. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid, in form aforesaid, as confessed, and their costs and charges herein expended, and that execution issue therefor.
**Mitilda Roberson vs William Bradley**
Judgment. Now at this day comes the said plaintiff by her attorney, but the said defendant failing to answer, according to the order of the Court made herein, on motion of said plaintiff, by her attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed, and the said plaintiff, waiving a Jury submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find that said plaintiff is entitled to the possession of the slaves mentioned in said petition, to-wit Margaret Harris (formerly Margaret Pogue,) a dark mulatto women, aged about thirty eight years, also Emma Jame Pogue a mulatto girl, child of said Margaret, aged about five years, and doth further find for the plaintiff and assess her damages at the sum of one cent. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid, in form aforesaid as found, together with the possession of the slaves in said petion mentioned, and her costs and charges herein expended, and that execution issue therefor.
**John Durm vs William Wade**
Judgment. Now at this day come the parties aforesaid, by their respective attorneys and the Court having duly heard and considered the Demurrer of the said defendant to said plaintiff's petition, and being thereof fully advised, doth order that said Demurrer be sustained. It is therefore considered and adjudged by the Court, that the said plaintiff take nothing by his said suit in this behalf, and that said defendant go hence without day, and recover of said plaintiff, his costs and charges herein expended, and that execution issue therefor.
**Asa Vail vs Alfred Potts et al**
The Court having duly heard and considered the motion of said defendants to set aside Judgment quashing attachment, and being thereof fully advised doth order that said motion be sustained, on condition that plaintiff file a good and sufficient affidavit, and pay the costs of the present term of this Court, within two days.
**Julien Gamache vs Christian Grimm et al**
The Court having duly heard and considered the motion of said defendants to set aside Judgment and for new trial, and being thereof fully advised doth order that said motion be overruled.
**William S. Bochman vs James Cohicks**
The Court having duly heard and considered the motion of said plaintiffs to strike from the files defendant's motion in arrest of Judgment, and being thereof fully advised, doth order that said motion be sustained.
**William A. Robinson vs Robert Stevens**
Amended answer filed.
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**Viewer Page 58** (rcdbook1855_25_0057.jpg)
> Handwritten Page Number on Record Book: 50
**April Term 1855. Tuesday, May 15th, 1855.**
**George D. Little et al vs Joseph A Eddy et al**
Motion for the production of books and papers and affidavit filed.
**Hatfield Halstead vs Ezra Easterly**
Motion to suppress depositions filed.
**Anna E. Wilson vs Nathan F. Wilson**
Leave to plaintiff to file a new affidavit within ten days.
**Edward Matthews vs John Sigerson**
Answer to amended petition filed.
**Thomas M. Fithian et al vs Henry Ames et al garns.**
Answer of William S. Ewing, Albert G. Edwards, F. Berthold, Nathan Cole, and P. W. Herman filed.
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**Viewer Page 59** (rcdbook1855_25_0058.jpg)
> Handwritten Page Number on Record Book: 51
**April Term 1855. Wednesday, May 16, 1855.**
The Court met pursuant to adjournment. Present as before.
**August H. Brake vs Jacob D. Kurlbaum, Julias W. J. Kurlbaum and William Polk**
On change of venue from Franklin County Circuit Court.
Judgment. And now at this day come the said plaintiff and the said defendant William Polk, by their respective attorneys- the defendants Jacob D. Kurlbaum and Julius W. J. Kurlbaum not appearing, and the said defendant William Polk, by his Attorney with drawing his answer, and consenting by his writing, filed herein for that purpose, that Judgment be rendered for the plaintiff, according to the prayer of his petition, and this cause, on motion of plaintiff's attorney is submitted to the Court, upon the pleadings exhibits and proofs, and the Court having duly heard and considered the same is of opinion, that the plaintiff is entitled to the Judgment asked for in his petition and proceeding to ascertain the amount due and payable to plaintiff by the said Jacob D. Kurlbaum and Julius W. J. Kurlbaum, defendants for the mortgage debt and damages thereon finds the same to be eight thousand [and ?] seven[ty five ?] hundred and seventy three dollars and seventy-five cents, with interest on the same from the first day of June Eighteen hundred and fifty-two amounting in all to Ten Thousand three hundred and thirty one dollars and nine cents. The Court, therefore, doth now order, adjudge and decree that the said plaintiff do recover the debt and damages, so as aforesaid, found to be due, together with costs to be levied of the following premises contained and described in the said mortgage as follows, "Certain track or parcels of land lying and bring situated in Franklin County, State of Missouri, and described as follows, and originally claimed and confirmed unto John Ridenhours widow and children, to-wit: beginning at the south east corner, a post from which a lynn, eighteen inches in diameter bears north Eighty-two, west thirty-five links, and a lynn nine inches diameter bears south forty-five, east fifty links-thence north fifty-three, west forty-seven chains, cluffs forty eight chains fifty seven, a cotton wood, thirty inches in diameter fifty chains, a post, the lower corner on the Missouri river from which an ehn, ten inches in diameter, bears south seventy six, east six links, and a box elder, eight inches in diameter, south twenty seven west twenty-two links-thence up the river with its meanders, south seventy-two west eight chains, the mouth of a Geek, twenty two chains in all this course, thence south sixty-five west one chain south Eighty chains south sixty west five chains south forty west fourteen chains south fifty-five west seven chains, south fifty six, ten chains, south sixty four chains, the upper corner a post from which an ask nine inches in diameter bears south eight three east forty one links, an ebn nine inches in diameter, south fifteen west fifteen links-thence south fifty-three east, forty-four chains sixty two links a black oak twelve inches in diameter, fifty eight chains fifty three links, a branch four links bears north east seventy three chains, twenty links, intersects the line between sections twenty-one and twenty-two, Township forty-four, Range two twenty-one chains eight links, north of the quarter section post, eighty-two chains, twenty links a post from which a red oak eighteen inches in diameter bears south eighteen west fifty four links, and a white oak twenty inches in diameter, bears north three, East ninety-two links-thence north thirty seven east seventy six links, a Geek one hundred links bears north west forty nine chains seventy- three a white oak eight inches in diameter, sixty three chains fifty links to the beginning, being in Township forty four north of the base line of range number two east of the fifth principal meridian, containing five hundred arpens, equal to four hundred and twenty-five 95/100 acres, and also the south west fractional quarter of section number fifteen in township number forty-four of range number two east, containing twenty one acres and 18/100 of an acre. And also the south west quarter of the south east quarter of section number fifteen, of Township forty-four, range two east, containing forty acres, and also the north west quarter of north east quarter of section number twenty-two, in township forty-four, north of range two east, containing forty acres, and also the south east quarter of fractional quarter and south west fractional (North east survey number one hundred and sixty -one) quarter of section number fifteen in township number forty-four of Range number two east, containing forty one acres and, 22/100 of an acre. Excepting and reserving from the operation of this decree, the following described part and portion of said real estate above mentioned to wit: beginning on the Missouri river, where a sycamore stands, the upper one of three sycamores standing close together, thence south eastwards in a straight line making a forty red oak, a line tree to where it intersects the first dry branch, then down this branch to its and the spring branches mouth into the Ridenhour Creek.
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**Viewer Page 60** (rcdbook1855_25_0059.jpg)
> Handwritten Page Number on Record Book: 52
**April Term 1855. Wednesday, May 16th, 1855.**
a little above the old Spanish fort, then up said Ridenhour Creek, as it meanders, to where it intersects the south east boundary line of the above named claim, then south west with said line, to the corner of said claim thence north west with said boundary line to the Missouri river and down to the place of beginning containing one hundred and sixty two 50/100 acres, more or less - also second tract which lies on the north side of Ridenhour Creek a little above A. H. Brakes new steam mill, beginning on the creek from where a straight line passing a certain sugar tree to a sycamore immediately below a high bank making a corner, from thence on the bottom with the foot of said bank until it intersects the creek-thence down as it meanders to the place of beginning containing about three and a half acres, more or less. And that a special writ of fieri facias do issue for that purpose directed to the Sheriff of Franklin county in which said lands are situated according to the statutes in such case made and provided. And it is further ordered and adjudged that if the said mortgaged property, excluding the two tracts last above described be not sufficient to satisfy debt damages and costs, then the residue shall be levied of other goods, chattels lands and tenements of the said defendants Jacob D. and Julius W. J. Kurlbaum.
**James M. Syons and Ann M. his wife John S. Mc Cane and Peter S. Vandeventer vs Joseph S. Hull and Elizabeth his wife Elizabeth Bank Hull, David C. Hall and Elouisa Hall, his wife**
Judgment. Now at this day come the parties aforesaid by their attorneys, and waiving a Jury, submit this cause to the Court, upon the pleadings, exhibits and proofs, and the Court having duly heard and considered the same and bring thereof, fully advised, [doth finds and. ?] It is therefore ordered and adjudged, that the instrument of writing purporting to be the last will and testament of the said Elizabeth N. Moore, [on the day of its date, was ?] attested by James B. Townsend and Jane M' kee, be taken, received and regarded as the last will and testament of the said Elizabeth N. Moon and that the same be admitted to probate as such, by the probate Court of Saint Louis county: and it is further ordered, that the plaintiffs recover their costs charges in this behalf expended, and that execution issue therefor. Finding of the Court filed.
**Clara C. Dunham vs Bernard B. Dunham**
Order of publication. It appearing to the Court from the affidavit of said plaintiff, that said defendant is a non-resident of the State of Missouri, and cannot be served with process. It is, on motion of said plaintiff, ordered by the Court, that said defendant be notified by publication, according to law, of this order, that said plaintiff has instituted suit in the Saint Louis circuit Court, the object of which is to obtain a divorce from him, on the ground of willful desertion, and that unless he be and appear at the next term of this Court, to be begun and held in the city of Saint Louis, on the fourth Monday of October next, and on or before the sixth day thereof, answer the petition of said plaintiff the same will be taken against him as confessed.
**William A. Robinson vs Robert Stevens**
Answer to offset filed: and motion to strike out amended answer filed.
**Orson Jousley et al vs Francis Saler et al**
Demurrer filed.
**Charles G. Cranston et al vs Ferdinand Strange et al**
Demurrer filed.
**Louis Martin et al vs Emely Stine**
Answer of Emely Stine filed.
**Comelius D. Sullivan et al vs Robert M. Q'Blenis**
The Court having duly heard and considered the Demurrer of said plaintiff, to the offset of said defendant and being thereof fully advised doth order that said Demurrer be sustained. Leave to said, defendant to amend within ten days.
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**Viewer Page 61** (rcdbook1855_25_0060.jpg)
> Handwritten Page Number on Record Book: 53
**April Term 1855. Thursday, May 17th, 1855.**
The Court met pursuant to adjournment. Present as before.
**Peter M. Chouteau and Ashley C. Hopkins vs Columbia Insurance Company**
Confession of Judgment. Now at this day come the said defendant by its attorney, and files its statement in writing, duly verified by the affidavit of the agent of said defendant, whereby he confesses Judgment in favor of said plaintiffs in the sum of two thousand two hundred and fifty nine dollars, and authorizes the same to be entered up against him as agent of said defendant. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid, as confessed, and their costs and charge is herein expended and that execution issue therefor.
**Charles H. Valentine to use of Saint Louis Insurance Company vs Bernard B. Pratte, Edward Bredell and Alfred Chadwick, Executors and Sarah A. Collier executrix of George Collier deceased, Jerome Mullikin and Nepolian B. Mullikin, Executors of Charles Mullikin, deceased**
Judgment. Now at this day come the parties aforesaid by their respective attorneys, and waiving a Jury submit this cause to the Court upon the pleadings, exhibits and proofs, and the Court having duly heard and considered the same, and being thereof fully advised, doth find from such proofs, that said defendants are indebted to said plaintiff in the sum of One thousand three hundred and seventy five dollars. It is therefore, considered by the Court, that said plaintiff recover of said defendants the sum aforesaid, in form aforesaid as found, and that the costs of this suit be divided equally, between the parties aforesaid, (except such costs as have been paid for continuances which are to stand as heretofore paid) and that execution issue therefor.
**William Luce and Robert M. Kercheval to the use of the St. Louis Insurance Company [Walter Crow, to use of the St. Louis Insurance Company George D. Grafford to use of the St. Louis Insurance Company James Hulls, to use of the St. Louis Insurance Company Thomas Hughlett, to use of the St. Louis Insurance Company William C. Irby to use of the St. Louis Insurance Company William H. Sinley to use of the St. Louis Insurance Company Matthew B. Moore to use of the St. Louis Insurance Company William H. Smith to use of the St. Louis Insurance Company Chamness I. Smith to use of the St. Louis Insurance Company James S. Turner to use of the St. Louis Insurance Company John Mare to use of the St. Louis Insurance Company John S. Wright to use of the St. Louis Insurance Company ?] vs Edward Bredelland [Alfred Chadwich Executors, and Sarah A. Collier Executor of George Collier, Deceased Jerome Mullikin and Napoleon B Mullikin Executors of Charles Mullikin Deceased, and Bernard Bratle ?]**
Dismissal. On motion of Plaintiffs by their attorneys, it is ordered by the Court, that these causes be dismissed, the costs to be equally divided between the parties,(except such costs as have been paid for continuances, which said costs are to stand as heretofore paid,) and execution issue therefor.
**The State of Missouri to use Peter Powell and Joseph Powell vs Benjamin Clapp and Pierre C. Houtean jr.**
Now Suit. Now at this day come said defendants by their attorney, said plaintiffs not appearing, wherefore on motion of said defendants, it is ordered by the Court, that said plaintiffs be non-suited, and take nothing by their said suit in this behalf, but that said defendants recover of said plaintiffs their costs and charges herein expended, and that execution issue therefor.
**Elizabeth Arm Kneevis vs William H. Kneevis**
Motion for alimony filed.
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**Viewer Page 62** (rcdbook1855_25_0061.jpg)
> Handwritten Page Number on Record Book: 54
**April Term 1855. Thursday, May 17, 1855.**
In the matter of the assignment of Adrien Tetard.
Domingo Bestow, to whom Adrien Tetard, assigned all his property and effects, files an inventory of such estate and effects, duly verified by affidavit, thereupon on motion of said assignee, by his attorney it is ordered by the Court, that Matthew Murray and Joseph A Fernandez appraise said property and effects, do as aforesaid assigned.
**William S. Bochman vs James Cohicks**
Appeal. Now at this day comes the said defendant, by his attorney, and prays an appeal to the Supreme Court, which is granted, thereupon he files an appeal bond herein which is approved by the Court.
In the matter of the assignment of John W. Kaekell.
Charles C. Whittlesey, Commissioner, to whom was referred the accounts of Souis Bach, assignee, herein, files his report, which is confirmed. The Court allows said Commissioner, the sum of twenty five dollars, for his services as such Commissioner, to be taxed as costs.
**Charlotte Kleinsmith vs Hermann Fraeward**
Answer filed by leave of Court, subject to all legal exceptions.
**George I. Murray vs Eli Softon et al**
Continued as on affidavit at the costs of said plaintiff.
**Norman Cutter vs M. A. Childress et al**
Continued.
**Dred Scott vs Irene Emerson.**
Continued.
**State of Missouri to use of vs Mark Ellof et al**
Continued as on affidavit at the costs of said plaintiffs.
**Suther C. Clark vs John Magwire**
Continued on affidavit, at the costs of said defendant.
**Francis P. Blair, Jr vs. Dennis Marks et al Francis P. Blair, Jr vs. Peter Sindell et al Francis P. Blair, Jr vs. Charles Scheult Francis P. Blair, Jr vs. William H. Belehev et al**
Continued by consent.
**Elizabeth Ann Kneeves vs William H. Kneeves**
Motion for provisional Alimony filed.
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**Viewer Page 63** (rcdbook1855_25_0062.jpg)
> Handwritten Page Number on Record Book: 55
**April Term 1855. Friday, May 18, 1855.**
The Court met pursuant to adjournment. Present as before.
Additional Rules of Practice in the Saint Louis Circuit Court = Adopted May 18, 1855.
Rule LXI. Where service of copies of petitions under the General Rail Road Act of January twenty sixth Eighteen hundred and fifty three, is to be made on parties residing out of this State and having no agent in this State, such service may be made in the same manner as is provided in Section fourteen of said act for service of such copies on persons residing out of this State, and having agents residing in this State, authorized to contract for the sale of the real estate described in the petition.
Rule LXII. After the presentation of a petition render said act, notices of motions in the case may be made by filing the motion in writing, and noting the same on the attorney's motion Docket.
**James Connolly, vs John Sigerson**
Non Suit. Now at this day come the parties aforesaid by their respective attorneys and the said plaintiff by his attorney, says he will not further prosecute his said suit in this behalf, but suffers a voluntary non-suit. It is therefore ordered by the Court that said plaintiff be non-suited, and that he take nothing by his said suit and that said defendant go hence without day and recover of said plaintiff his costs and charges herein expended and that execution issue therefor.
**Joseph Belcher vs Reuben Knot's Admr.**
On motion of plaintiff by his attorney, defendants attorney consenting, leave is given said plaintiff to withdraw, the instrument of writing on which this action is founded.
**Hatfield Halstead vs. Ezra Easterly, Edward S. Chase et al vs. Ezra Easterly. Hatfield Halstead et al vs. Ezra Easterly. Hatfield Halstead et al vs. Ezra Easterly.**
Now at this day come the parties aforesaid, by their respective attorneys and by consent it is ordered by the Court, that these causes be referred to John Wickham to be tried.
**The State of Missouri to use to vs Benjamin Clapp et al**
Motion to set aside non-suit and grant a new trial filed.
**Bank of Missouri vs Sonng Pickering et al**
Continued.
**Ohio Life Insurance Co. vs Geroge Drowbridge et al**
Continued.
**Asa Vail vs Alfred Potts et al**
Amended affidavit filed.
**James M. Lyons, et al vs Joseph S. Hull et al**
Motion for review filed.
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**Viewer Page 64** (rcdbook1855_25_0063.jpg)
> Handwritten Page Number on Record Book: 56
**April Term 1855. Saturday, May 19, 1855.**
**Elizabeth Ann Kneeves vs William H. Kneeves**
Dismissal. On motion of said plaintiff. by her attorney, it is ordered by the Court, that this cause be dismissed at the Costs of the defendant, and that execution issue therefor.
**Peter Mc. Givrny. vs John Dillon.**
Non Suit. Now at this day, comes the said defendant, by his attorney, the said plaintiff not appearing, it is, on motion of said defendant, ordered by the Court, that said plaintiff be non-suited. It is therefore considered and adjudged by the Court, that said plaintiff take nothing by his said suit, in this behalf; but that said defendant go hence without day and recover of said plaintiff his costs and charges herein expended, and that execution issue therefor.
**Eunice Van Wagoner vs Garrett S. Van Wagoner**
Default. Now at this day comes the said plaintiff by her attorney, but the said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by her attorney, it is ordered by the Court, that the petition of the said plaintiff be taken against said defendant as confessed.
**Warren Reed vs Frederick R. Conway**
The Court having duly heard and considered the motion of said defendant for security for costs, and being thereof fully advised, doth order that said motion be be sustained, and that unless plaintiff file such security on or before the day of trial, it is ordered by the Court, this cause do stand dismissed.
In the matter of the assignment of Samuel B. Sherev.
On application of John C. Abbott, who is a person interested in the estate assigned by Samuel B. Sherev. It is ordered by the Court, that citation issue against George D. Sillto, assignee of said Samuel B. Sherev, requiring him to appear in the Court, on the the Second day of June, Eighteen hundred and fifty five, and exhibit on oath or affirmation, the accounts of his said trust or show cause to the contrary.
**Richard B. Dallam vs William Renshaw Jr.**
Dedimuses. On motion of said defendant, by his attorney, it is ordered by the Court that two Dedimuses, issue herein to the State of Tennessee on the part of said defendant.
**James K. Phillibuv vs Philip B. Reiley et al**
Continued at plaintiff's costs.
**Julico Morrise vs James K. Phillibuv**
Continued at defendant's costs.
**Margaret Thomas vs Charles R. Anderson**
Continued by consent.
**Frederick Dent. vs James Sigersow et al**
Continued.
**Isaac T. Greene vs Dennis Marks et al**
Continued by consent.
**Asa Vail vs Alfred Potts et al**
Motion to strike out parts of affidavit filed.
**Hatfield Halsled vs Ezra Easterly**
On motion of plaintiff, by his attorney, leave is given said plaintiff to withdraw, the depositions filed herein on the first day of May Eighteen hundred and forty-nine.
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**Viewer Page 65** (rcdbook1855_25_0064.jpg)
> Handwritten Page Number on Record Book: 57
**April Term 1855. Monday, May 21, 1855.**
The Court met pursuant to adjournment. Present as before.
**James Clemens Jr., and Wife, vs Bryan Mullanphy's heirs**
On motion of said defendants, by their attorney, it is ordered by the Court, that the following, entry be made as of the Eighteenth of May, Eighteen hundred and fifty five, nunc pro trunk. By consent of parties, the Court appoints John Wickham guardian ad litem for Eliza Harney and John Harney, infant defend auto, in the above cause, who files his acceptance and answer herein.
**James Clemens, Jr. vs Richard Graham and Catharine his wife, Charles Chambers and Jane his wife, William S Harvey and Mary his wife, Louis G Picot, trustee under the will of Ann Biddle, Christian De Shury and Ann B. his wife, John Harvey and Eliza Harvey, by their guardian ad litem John Wickham, Henry Boyce and Octavia his wife, John O'Fallon, and Edward Walsh Trustee of said Octavia, The City of Saint Louis, James B. Clemens, Jeremiah W. Clemens, and Bryan M. Clemens, Alice B. Clemens, Hellen J. Clemens and Catharine J. Clemens.**
Now at this day come said parties and by consent this cause is submitted to the Court upon the pleadings and proofs, and the Court being fully advised of and concerning the premises doth find that the premises describbed in the petition to writ : "First - A track of land containing one hundred arpents bought by John Mullanphy of D. Delaurry situated near the mouth of the Missouri river formerly bounded north by lands of said Delannay, South by lands of Pascal L. Cerre, and north-west by lands of the estate of St. Vraim. Second. A tract of land containing, seventy six arpens, and one half of an arpent being eight and a half arpens in front by nine arpens in depth, bough by John Mullanphy of Dennis Qool, bounded east by the river of St. Ferdinand and heretofore on the north and west by lands by G. Fallis and South by lands of Richards. Third. A tract of land having a front to the east on the river St. Ferdinand of one arpent, and running back with that width to the Missouri river and bounded on the north and south by lands which were formerly owned by said John Mullanphy and bought by said John Mullanphy of F. Sovius and A. Sovius. Fourth. A tract of land containing sixteen arpens and eighteen perches and three fourths of a perch superficial measure, adjoining the village of St. Ferdinand formerly bounded on the south and west by vacant lands, and on the east and north by streets of said village on which is a dwelling house," are held and owned by the parties as tenants in common, as follows and in the following portions, to-writ: Louis G. Picot, trustee under the will of Ann Biddle owns one undivided forty second part of the whole, William S Harvey and Mary his wife own in right of said Mary fifty two three hundred and fifteenth parts of the whole. Richard Graham and Catharine his wife, own in right of said Catharine fifty-one two hundred and seventieth parts of the whole. Charles Chambers and Jane his wife, own in the right of the said Jane, fifty-one, two hundred and seventieth of the whole. John O'Fallon and Edward Walsh, trustees of Octavia wife of Henry Boyce, own fifty one, two hundred and seventieth parts of the whole. The plaintiff and the defendants, James B. Clemens, Alice B. Clemens, Helen J. Clemens, and Catharine A Clemens, Jeremiah W. Clemens and Bryan M Clemens, his children, hold as tenents in common in the proportions set forth in the amended petition fifty one, two hundred and seventieth parts of the whole. The Court further finds that fifteen, two hundred and seventieth parts of the whole is in controversy between the City of Saint Louis of the one part, and the other parties to this suit of the other part. And the Court therefore orders and decrees that partition be made of said premises among said parties according to their respective rights and interests as above ascertained and [interest as above ascertained and ?] set forth, except as to that portion claimed by the City of Saint Louis of the one part, and the other parties to this cause of the other part, adversely to each other, which portion, the Court orders to be set aside, as it is in controversy, and the Court further orders the portion held by the plaintiff and his said children, James B. Jeremiah Mr. Bryan M, Helen J, Alice B and Catharine A. Clemens be set apart and allotted to them without being subdivided among them, and the Court appoints Frederick Hyatt, Andrew Harper and James Castello, Commissioners to execute this decree.
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**Viewer Page 66** (rcdbook1855_25_0065.jpg)
> Handwritten Page Number on Record Book: 58
**April Term 1855. Monday, May 21, 1855.**
**State of Missouri vs William Burke**
Recognizances. William Burke as principal and George Brown, as surety, acknowledge themselves to owe the State of Missouri, the sum of Two thousand dollars, (One thousand dollars in each of the returns to this term etumbered 172 & 171,) to be levied of their goods and chattels lands and tenements: yet upon condition, that if the said William Burke, shall personally appear before the Saint Louis Circuit Court, on the first day of the next term thereof, to be holden for the County of Saint Louis on the fourth Monday in October, eighteen hundred and fifty-five, and from day to day during said term, and on the first day of any future term, to which this cause may be continued, then and there to answer an indictment preferred by the Grand Jurors of said County against said William Burke, for Grand Larceny, and shall not depart the Court, without leave thereof, then this recognizance to be void else to remain in full force.
In the matter of the assignment of Frederick W. G. Bohmes
William Dessmer, to whom Frederick W. G. Bohmes assigned all his property and effects files and inventory of such estate and effects, duly verified by affidavit, Whereupon, on motion of said assignee, by his attorney, it is ordered by the Court, that William Sachse and Herman Bodeman, be appointed to appraise said property and effects, so as aforesaid assigned.
In the matter of the assignment of Adrien Tetard.
Now at this day come the appraisers heretofore appointed herein, and file their appraisement. Domingo Berston files also his bond, as assignee, which is approved by the Court.
**Saint Louis and Birmingham Iron Mining Company vs William C. Rogers et al**
On motion of said plaintiff, by its attorney, leave is given to amend the petition of the said plaintiff, by interlining in the fifth line from the bottom, the words "or that said notes by surrendered up to plaintiff as its own property."
**William W. Baker vs Joseph S. Pease**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come a Jury to writ : Henz Wiseman, I. C. Robinson, D. S. Brown, Joseph Mallett, William H. Robinson, John B. Vein, I. R. Reel, Charles Primm, I. Caswill, Joseph Heineman, Michael Hoffner and J. S. Kohler, twelve good and lawful men who being duly elected tried and sworn, the matters in controversy will and truly to try, the trial of the cause having been finished, is submitted to the Jury, who retire to consider of their verdict.
**King of Prussia vs Felip Coste Admr.**
Answer to amended petition filed.
**Frederick Merrkens vs Anthony H. Merrkins et al.**
Bill of Exceptions filed.
**Charles M. Nallean vs William Leighton et al.**
Motion for change of venue filed.
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**Viewer Page 67** (rcdbook1855_25_0066.jpg)
> Handwritten Page Number on Record Book: 59
**April Term 1855. Tuesday, May 22, 1855.**
The Court met pursuant to adjournment. Present as before.
In the matter of the assignment of Adrien Tetard
Now at this day comes Domingo Bestow, assignee of Adrien Tetard, by his attorney, and it being made to appear to the satisfaction of the Court, that it would be to the advantage of the creditors, that the goods and effects of said assignment, be sold at an early day. It is therefore ordered by the Court, that said assignee sell, the goods and effects assigned to him, at public vendue for cash, first giving ten day's notice of the time, terms, and place, of sale, in some newspaper published in the City of Saint Louis.
**William W. Baker vs Joseph S. Pease**
Now at this day come again the parties aforesaid, by their respective attorneys and thereupon come also the Jurors duly sworn and empanelled herein, and the trial of the cause having been concluded, the Jurors aforesaid, upon their oaths aforesaid find that said defendant is indebted to said plaintiff in the sum of Three Hundred and forty-four dollars and ninety seven cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid, in the form aforesaid as found, and his costs and charges herein expended and that execution issue therefor. Motion for a new trial filed.
Robert P. Hall, Moses Samareaux, John C. Tevis and William P. Seoth, the execution of whose signatures is proven by Charles R. Hall and Henry P. Simon, acknowledge the execution by them of a deed of emancipation to a mulatto girl named Maria Sonisa, commonly called Suna, aged between sixteen and seventeen years.
**George H. Griffin et al. vs William Mc Pherson et al.**
Dismissal. On motion of said defendant, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs, the plaintiffs having failed to file security for costs, according to the order of this Court made at the last term.
**Hannah Johnson vs Cornelius D. Sullivan.**
Now at this day come the parties aforesaid by their respective attorneys and thereupon a Jury come to writ : W. H. Robinson, John B. Vein, I. R. Creel, I. L. Krohler, I. Casswell, Joseph Henneman, Joseph Mallett, E. A. Mattox, Alexander Mc. Curdy, John Martin, George Sutherland and Michael Heffner, twelve good and lawful men who being duly elected tried and sworn, the matters in controversy will and truly to try, the trial of the cause having progressed, but being concluded, is laid over until to-morrow morning at nine o'clock.
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**Viewer Page 68** (rcdbook1855_25_0067.jpg)
> Handwritten Page Number on Record Book: 60
**April Term 1855. Wednesday, May 23, 1855.**
The Court met pursuant to adjournment. Present as before.
In the matter of the assignment of Thomas M Grade
On application of Charles Scott and others, who are persons interested in the estate assigned by Thomas M Grade. It is ordered by the Court, that citation issue against George B. Michael, assignee of said Thomas Mc. Grade, requiring him to appear in this Court, on the second day of June, Eighteen hundred and fifty-five and exhibit, on oath or affirmation, the accounts of his said trust, or show cause to the contrary.
**Hannah Johnson vs Cornelius D. Sullivan**
Now at this day, come again the parties aforesaid, by their respective attorneys, and thereupon come also the Jury duly empanelled and sworn herein [also come ?], and the trial having progressed, but not being concluded, is laid on until to-morrow at nine o'clock.
**Francis Saler vs Amos Andrews.**
Now at this day comes the said plaintiff by his attorney & acknowledges full and enter satisfaction of the Judgment heretofore herein rendered.
**Patrick Gorman vs Stephen Finn et al**
Receiver's report filed and cause continued.
**Julian Gamache vs Christian Grimm et al.**
Appeal bond filed and approved by the Court.
**Arthur Kempland et al vs Leroy Kingsland et al.**
Answer to supplemental bill filed.
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**Viewer Page 69** (rcdbook1855_25_0068.jpg)
> Handwritten Page Number on Record Book: 61
**April Term 1855. Thursday, May 24, 1855.**
The Court met pursuant to adjournment. Present as before.
Turner Maddox, Sheriff of the County of St. Louis, comes into open Court, and acknowledges the execution, by him, as Sheriff as aforesaid, of a deed in favor of Robert S. Cavirider, of all the right, title, interest, claim, estate and property of Charles J. Lynch, of in and to the following described real estate, to-writ : "Lot number one in the west half of Block number three in Taylor and Mason's addition, being forty-feet, in front on Eight street by one hundred and twenty-feet in depth to an alley; also lots twenty five (25,) feet front on Eight street by one hundred and fifteen feet in depth; also lots numbers, six, seven and eight in block number six of Barsalony addition, each twenty five feet front, on the east side of Emma street by one hundred and thirty feet in depth, eastwardly to an alley; also a lot of ground in Suburb Saint George, beginning on the west side of Jackson street, one hundred and twenty five feet, South of Anna Street, at the corner of Weavu lot, thence south along Jackson street fifty feet to a lot of one Nuckols, thence west with the line of said lot, one hundred and forty five feet to an alley, thence along said alley forty feet to said Weaver's line trence along said Weaver's line one hundred and forty-five feet to the place of beginning" sold by virtue and authority of an execution issued from the office of the Clerk of the Circuit Court, dated on the twenty seventh day of November, Eighteen hundred and fifty four.
**Elizabeth Barton. vs Ivers Barton**
And now comes the said plaintiff, by her attorney, and the defendant not having answered the petition of the plaintiff, moves for a Judgment by default and for a final Judgment against the said defendant, upon proofs; and it being made to appear to the Court, from the evidence given that the said defendant at the time of the commencement of it in suit and the alleged service of the writ upon him was, and still is a convict and imprisoned in the Penitentiary of this State for felony, the Court doth order that this cause be stricken from the Docket.
**Thomas M. Tithian et al vs Henry Ames et al**
On motion of said plaintiffs, by their attorney, it is ordered by the Court I. E. Elder, garnishee herein, be discharged, at the costs of the said plaintiffs.
**Samuel Welser vs Elizabeth Welser**
Proof of publication filed.
**Hannah Johnson vs Cornelius D. Sullivan**
Now at this day come again the parties aforesaid, by their respective attorneys, and thereupon, came also the Jury duly empanelled and sworn herein, and the trial of the cause having been concluded, the Jury retire to consider of their verdict.
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**Viewer Page 70** (rcdbook1855_25_0069.jpg)
> Handwritten Page Number on Record Book: 62
**April Term 1855. Friday, May 25, 1855.**
The Court met pursuant to adjournment. Present as before.
Turner Maddox, Esquire, Sheriff of the County of Saint Louis, comes into open Court and acknowledges the execution, by him, as Sheriff as aforesaid, of a deed in favor of Thomas Culley of all the right, title, interest, claim, estate and property of Daniel B. Hunt, of, in and to the following real estate, to wit : a certain lot of land, and the improvements thereon in the City of Saint Louis and [con ?] of Saint Louis and State of Missouri, described in a deed recorded in the Recorder's Office in said County of Saint Louis, in Book number six, page, one hundred and thirty-seven, dated October the seventh, Eighteen hundred and fifty two, from James Reiley to Du Bouffay Fremon, in trust to, and for the sole and separate use of Henrietta Hunt, wife of Daniel B. Hunt, during her natural life, and after her death to, and for the use and benefit of said Daniel B. Hunt, and his heirs forever, in words and figures, as follows, to-wit: "A certain town lot or parcel of ground lying and being in the City of Saint Louis, in Block number five (5) according to the plat of Christy's addition to said City of Saint Louis of the year Eighteen hundred and thirty six, and block number five hundred and thirty one (531) according to the numbering adopted by said City, which said lot fronts twenty-two feet on the south side of Morgan street running back Southwardly fifty seven feet deep to an alley three feet in width parallel to said street, which said alley is now declared to be common for the use of the owners and occupants of the property bounded by it, on the northern and southern lines only- the lot hereby conveyed being bounded northwardly by said Morgan Street, Southwardly by said alley, eastwardly by a lot of same dimensions, this day conveyed by said Reiley to Alexander Marshall, and westwardly by the property of James Adams parallel to the eastern line of said lot.
Also, the lots of land in said county of Saint Louis, described in a deed recorded in said recorder's office in Book number one hundred and fifty four, page two hundred and nine and following; dated July 26th Eighteen hundred and fifty-four William Milburn, William Glasgow, Jr, and William C. Taylor as Commissioners offroetional section sixteen, township forty five, north of range seven east, as therein specified to Charles G. Mauro, in trust, for the use of said Henrietta Hunt, wife of Daniel B. Hunt during her natural life, and after her death, for the use of the said Daniel B. Hunt his heirs and assignee forever, in words and figures as follows, to-wit : "The lots of land parcels of said Sixteenth Section as follows, namely, the undivided one half of lots number five(5) six(6), seven(7) and eight, in Block number three(3), of the subdivision of the said sixteenth section, made by said commissioners, a plat whereof is filed in the of five of the recorder of said county of Saint Louis, lots containing in the aggregate two hundred feet front, on the Olive street plank road by a depth of twenty -five feet more or less to Locust street, and bounded north by Locust street, east by lot numbered four (4) South by Oliver street, and west by Ware avenue;" sold by virtue and authority of an execution issued from the office of the Clerk of the Circuit Court, dated the twenty seventh day of April; Eighteen hundred and fifty four.
**John Doyle. vs Jane Doyle**
Continued by consent.
**William Mc Namee vs The County of St. Louis**
Continued.
**Samuel Wainwright. vs Richard Roland**
Continued.
**Joseph Pley et al vs Robert B See et al**
Continued by consent.
**John Say et al vs Rebecca Waltow et al**
Continued by consent.
**John Say et al vs Robert Street et al**
Continued by consent.
**Michael Murphy vs Benjamin F Hickman**
Continued by consent.
**Patrick Gorman vs Stephen Finn et al**
Continued.
---
**Viewer Page 71** (rcdbook1855_25_0070.jpg)
> Handwritten Page Number on Record Book: 63
**April Term 1855. Friday, May 25, 1855.**
**James Harrison vs Oscar Collett et al**
Continued.
**Edward Mead vs Elizabeth Royce**
Continued at defendants costs.
**James Boswell vs Olly Williams admr**
Continued.
**Alexander Young vs Thomas Webster**
Continued.
**Charles Boswell vs Henry Zufal**
Continued.
**Daniel D. Page et al vs Edward H. Gleim et al**
Continued.
**James Youd et al vs Peter Brooks**
Continued.
**Pierre Chouteau Jr et al vs James A Moore et al**
Order of Sale. Turner Maddox, Esquire, Sheriff of the County of Saint Louis, comes and files his statement, from which it appears to the satisfaction of the Court, that the keeping of the property attached under the writs herein, will be attended with much expense before the probable termination of these suits, and that said property is likely to depreciate in value, it is therefore ordered, by the Court, that said Sheriff sell said property according to law, and that he make report of his proceedings, under this order, on or before the first day of the next term of this Court.
**Asa Vail vs Alfred Potts et al**
Dedimus. On motion of said plaintiff by his attorney, it is ordered by the Court that a Dedimus issue herein to each of the States of Ohio and Indiana, on the part of the said plaintiff.
**Hannah Johnson vs Cornelius D. Sullivan**
Judgment. Now at this day come again the parties aforesaid by their respective attorneys, and the Jury empanelled and sworn herein also come the trial of the cause having been finished the Jurors aforesaid upon their oaths aforesaid, do find for the plaintiff and assess her damages by reason of the premises in said petition mentioned, at nine hundred dollars, and do further find that the monthly value of the rents and profits of the premises sued for is twenty five dollars. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the possession of the property, in said petition mentioned, and the sum aforesaid in form aforesaid, as found and their costs and charges herein expended, and that execution issue therefor. Motion for new trial filed.
**Charles M Valleau vs William Leighton**
Now at this day comes the said defendant, by his attorney, and files his petition and affidavit praying a change of venue, in this cause on the ground that the Judge of this court is prejudiced against him; and upon consideration of the premises, it is ordered by the Court, that the prayer of the said petition be granted, and that the venue of this cause be changed to the Saint Louis Court of Common Pleas. And it is further ordered that the said defendant pay all the costs of this term of the Court, and that execution issue therefor.
**John Mc Mechan assignee vs Samuel H. Boyce, admr**
Non Suit. Thomas T. Garett, Esquire with draws his name as attorney for the said plaintiff, and on motion of said defendant by his attorney, it is ordered by the Court, that said plaintiff be non-suited. It is therefore considered by the Court that said plaintiff take nothing by this said suit in this behalf, and that said defendant go hence without day and recover of said plaintiff his costs and charges herein expended, and that execution issue therefor.
---
**Viewer Page 72** (rcdbook1855_25_0071.jpg)
> Handwritten Page Number on Record Book: 64
**April Term 1855. Friday, May 25, 1855.**
**Caleb W. Baldwin vs Philip G. Ferguson et al**
Motion to strike out portions of amended petition: The Court strikes out the following portions of said amended petition. to wit: "That brother No.1, as contained in said article was meant John H. Baldwin", which words occur in said petition next after the word "states", and next before the word "that", and "that the rich brother as specified in the last mentioned article published in said paper as aforesaid meant the said John H.Baldwin", which-words occur in said petition, next after the words "plaintiff further states", and just before the words "and that his brother", and also the words "meaning John H. Baldwin, which occur in said petition, next after the words, "that nothing was said to the rich man" and next before the words "about making his last will", and as to the other portions of the said motion, the Court doth overrule the same, and grants leave to the said plaintiff to file an amended petition in two weeks.
**Alfred Upham vs Ezra Easterly, garns of David Ketchum,**
Judgment. Now at this day come the parties aforesaid, by their respective attorneys and waiving a Jury submit this cause to the Court, upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs, that said garnishee, at the time of the service of the garnishment, was indebted to said defendant in the sum of twenty-seven dollars and ninteen cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said garnishee, the sum aforesaid in form aforesaid as found, and that execution issue therefor.
**Addison Reese et al vs Fireman's Insurance Company**
Non Suit. Now at this day this cause coming on to be heard, the said plaintiffs, by their attorney, come and say, that they will not further prosecute their said suit, in this behalf but suffer a voluntary Non-suit. It is therefore considered by the Court that said plaintiff, take nothing but his said suit suit in this behalf and that said defendant go hence without any day and recover of said plaintiffs costs and charges herein expanded and that execution issue therefor.
**James M. Lyon vs Daniel D. Page et al**
Non Suit. Now at this day, this cause coming on to be heard and neither party appearing it is ordered by the Court, that said plaintiff be non-suited. It is therefore considered by the Court, that said plaintiff, take nothing by his said suit in this behalf, and that said defendants go hence without day and recover of said plaintiff, their costs and charges herein expended, and that execution issue therefor.
**North Missouri Rail Road vs Leroy Kingsland**
Now at this day comes the said defendant and acknowledge full and entire satisfaction of a Judgment rendered against said plaintiff, on the twelfth instant.
**James T. Swerengen vs Howard F.Christy et al**
On motion of said defendants by their attorney, it is ordered by the Court, that a Sci. for issue herein, to bring in the legal representatives of Howard F. Christy and Mary Ann Mitchell, to-wit: Mary S.Mitchell, Fanny W., Susan P., David D., Taylor B., Charles G. Mitchell and Susan P.Christy.
---
**Viewer Page 73** (rcdbook1855_25_0072.jpg)
> Handwritten Page Number on Record Book: 65
**April Term 1855. Saturday, May 25, 1855.**
The Court met pursuant to adjournment. Present as before.
**His Majesty Frederick William, the Fourth King of Prussia vs Felix Coste, administrator of the Frederick Wilhelm Kupper, alias Miiller.**
Judgment. Now at this day comes the parties aforesaid by their respective attorneys, and the said defendant, by consent of parties, withdraws his answer, and files a Demuner to the said plaintiffs petition, and the Court having duly heard and considered the same, and being thereof fully advised. It is therefore considered and adjudged by the Court that the said plaintiff take nothing but he said suit in this behalf, and that said defendant go hence without they and re cover of said plaintiff his costs and charges herein expended, and that execution issue therefor. Bill of Exceptions filed.
**Joseph Waite vs John Willamn et al**
The Court having duly heard and considered the motions of said defendants for a new trial and being thereof fully advised doth order that said motion be sustained. On motion of Messrs. Carr and Rogers, by their attorney, leave is given said defendants, to file an amended answer and cause continued.
In the matter of the assignment of Frederick W. G.Bolmes.
Now at this day come the appraisers heretofore appointed herein and file their appraisment. Frederick Tessmer files his bond as assignee, which is approved by the Court.
**John O'Fallow vs John Shannon**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come a Jury to wit: Joseph Mallet, John B. Vien, J.R.Creel, Charles Primm, D. S. Brown, J.Casewell, Joseph Heineman, Michael Heffner, Alexander M Curdy, P. Beckham Jno Martin and George Sutherland, twelve good and lawful men who being duly elected, tried and sworn, the matters in controversy well and truly to try, the trial of the cause having progressed, but not being concluded, is laid over until Monday morning at nine o'clock.
**Logan Sleeper vs Jonathan Jones**
On motion of said plaintiff, by his attorney, two days' additional time is given said plaintiff, in which to file security for costs.
---
**Viewer Page 74** (rcdbook1855_25_0073.jpg)
> Handwritten Page Number on Record Book: 66
**April Term 1855. Monday, May 28, 1855.**
The Court met pursuant to adjournment. Present as before.
**Alton Long vs Nathaniel Childs jr.**
Confession of Judgment. Now at this day comes the said defendant, and files his statement, in writing, duly verified by affidavit, in which he confesses Judgment in favor of said plaintiff, in the sum of four thousand five hundred dollars, and authorizes the same to be entered up against him. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid, as confessed, and his costs and charges herein expended, and that execution issue therefor.
**Francis Charleson and William McSorley vs Edmund W.Paul**
Confession of Judgment. Now at this day comes the said defendant, and files his statement in writing, duly verified by affidavit, in which he confesses Judgment in favor of said plaintiff, in the sum of four hundred and thirty dollars, and authorizes the same to be entered up against him; It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid, as confessed, and their costs and charges herein expended, and that execution issue herein.
**Andrew Middleton et al vs Andrew Mc Mehan et al**
On motion of said plaintiffs, and by consent of parties, it is ordered by the Court, that that this cause be dismissed as to the said Andrew Mc Mehan, and that the costs of this proceeding, be paid by each party, respectively.
**Andrew Middleton et al vs Augustin Eastin et al**
On motion of said plaintiffs, and by consent of parties, it is ordered by the Court, that this cause be dismissed as to the said Augustin Eastin, trustee of Judith Ballentine and that the costs of this proceeding, be paid by each party, respectively.
**The Saint Louis and Brimingham Iron and Mining Co. vs William C.Rogers et al**
Answer of Isaac Rosenfeld filed.
**Logan Steeper vs Jonathan Jones**
Security for costs filed.
**Renbun Beardslee vs Turner Maddox**
Amended petition filed.
**John O'Fallon vs John Shannon**
Now at this day come the parties aforesaid, by their respective attorneys, and thereupon come a Jury duly empannelled and sworn herein, and the trial of the cause having progressed, but not being finished, is laid over till to-morning at nine o'clock.
---
**Viewer Page 75** (rcdbook1855_25_0074.jpg)
> Handwritten Page Number on Record Book: 67
**April Term 1855. Tuesday, May 29, 1855.**
The Court met pursuant to adjournment. Present as before.
Charles Roffmann, Henry Strize, Joseph Lother and Martin M. Schnell, who apply to be citizens of the United States, come and prove to the satisfaction of the Court, that they have resided in the United States at least five years and in the State of Missouri at least one year, next preceeding this application, during which time, they have conducted themselves as men of good moral characters, 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 the said applicants have taken, the preparatory steps required by the Constitution of the United States, concerning the materialization of foreigners, and they declaring, here, in open Court that they will support the Constitution of the United States, and that they do renounce and abjure forever all allegiance to every foreign Power, Prince, state and sovereignty whatsoever, and particularly, (as to Charles Roffman and Henry Strize) to the King of Hanover, and particularly (as to Joseph Lother and Martin M. Schnell) to the King of Bavaria of whom they are at present subjects; therefore the said Charles Roffman, Henry Strize, Joseph Lother and Martin M. Schnell, are admitted citizens of the United States of America.
**John O'Fallow vs John Shannon**
Judgment. Now at this day come again the parties aforesaid, by their respective attorneys, and the Jury duly empannelled and sworn herein also come, and the trial of the cause having been concluded, the Jurors aforesaid upon their oaths aforesaid, do find for the plaintiff and assess his damages at the sum of Six hundred and seventy-eight dollars and fifty two cents. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant the sum aforesaid in form aforesaid, as found, and his costs and charges herein expended, and that execution issue therefor.
Honore Picotte, who is known to the Court, comes into open Court, and acknowledges the execution by him, of a deed of emancipation to August Rutgers, aged about thirty years of rather bright mullatto color.
**Anna Maria Rank vs John Nicolas Rank**
On motion of said plaintiff, by her attorney, it is ordered by the Court, that the order of publication heretofore made in this cause, be vacated, and that an alias writ of summons issue, to the next October term of this Court.
**Louis A Benoist et al. vs Lydia M.Rector et al.**
Amended petition filed.
**Georgia F. Kaufman, vs Margareitha Kaufman,**
Amended answer filed.
**William W. Bloomfield vs Edwin R. Mason**
Bill of Exceptions filed.
---
**Viewer Page 76** (rcdbook1855_25_0075.jpg)
> Handwritten Page Number on Record Book: 68
**April term 1855. Wednesday, May 30, 1855.**
The Court met Pursuant to adjournment. Present as before.
**James Harrison vs Charles Hays and Drury Hall.**
Order for delivery.- The plaintiff comes and files a petition and affidavit according to law, claiming the possession of certain personal property, therein described; wherefore, it is ordered that the defendants deliver the property specified in said petition to the Sheriff of Saint Louis County, and and said Sheriff is hereby directed, if said property be not delivered to him, to take it from the defendants, and deliver it to the plaintiff.
**James Harrison vs Samuel Lutee and A.Linville,**
Order of Delivery.- The plaintiff comes and files a petition and affidavit according to law, claiming the possession of certain personal property, therein described, wherefore, it is ordered that the defendants deliver the property specified in said petition to the Sheriff of Saint Louis County, and said Sheriff is hereby directed, if said property be not delivered to him, to take it from the defendants, and deliver it to the plaintiff.
Bernard Hegle, a native of Germany, aged twenty-one years, who applies to be admitted a citizen of the United States, comes and proves to the satisfaction of the Court, by the testimony of Conrad Smith and George Frederick Hoffman, two credible witnesses, citizens of the United States, that he arrived in the United States a minor, under the age of eighteen years, that he has resided in the United States at least five years, including the years of his minority, and in the State of Missouri, at least one year, immediately preceding the 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 said applicant declaring here in open Court, upon oath, that for three years last past it has been; bonafide, his intention to become a citizen of the United States, and he declaring also 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 the King of Bavaria, of whom he is at present a subject, therefore, the said Bernard Hegle is admitted a citizen of the United States of America.
Andrew Hegle and John P. Ehla, natives of Germany and Matthew Crawley, a native of Ireland, who apply to be citizens of the United States, come and proves to the satisfaction of the Court, that they have resided in the United States at least five years, and in the State of Missouri, at least one year, immediately preceding this application, during which time he has conducted themselves as a men of good moral characters 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 fully satisfied, that said applicant's have taken the preparatory steps required by the Constitution of the United States, concerning the naturalization of foreigners and they declaring, here in open Court, upon oath, that they will support the Constitution of the United States and that they do entirely and absolutely renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and sovereignty whatsoever, and particularly (as to Andrew Hegle) to the GrandDuke of Baden, (as to John P.Ehla) to the King of Prussia, and (as to Matthew Crawley,) to Victoria Queen of Great Britain and Ireland, of whom they are at present subjects, therefor the said Andrew Hegle, John P. Ehla and Matthew Crawley are admitted, a citizens of the United States of America.
**Frederick Garsie vs Caspin Peppler**
Confession of Judgment: Now at this day comes the said defendant, and files a statement, in writing duly verified by affidavit, whereby he confesses Judgment, in favor of said plaintiff, in the sum of Seven hundred and four dollars, and authorizes the same to be entered up against him. It is therefore considered and adjudged by the Court, that said plaintiff recover of said defendant, the sum aforesaid, in form aforesaid, as confessed, and his costs and charges herein expended, and that execution issue therefor.
---
**Viewer Page 77** (rcdbook1855_25_0076.jpg)
> Handwritten Page Number on Record Book: 69
**April Term 1855. Wednesday, May 30, 1855.**
**Warren Reed vs Frederick R. Conway**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come a Jury, to-wit: James C. Havens, Peleg Peckham, Charles M. Lewis, James B. Mc Kown, T. W. Savant, Daniel T Lloyd, Henry Bennett, Charles F. Wood, Andrew Johnson George Patton, Robert Fowler and E. A. Owens, twelve good and lawful men who being duly elected tried and sworn the matters in controversy well and truly to try, the trial progressed, but not having been finished, is laid over until Friday morning.
**Richard B. Dallam vs William Renshaw Jr.**
On motion of said plaintiff, by his attorney, leave is given him to withdraw the agreement filed on the seventeenth of July 1852, for the purpose of attaching it to depositions.
**John Maguire vs William Thomas et al**
Motion to set aside default filed.
**Newman Robirds et al vs Firemans Ins. Company.**
Agreed case filed.
His Excellency, the Governor of Missouri, having, by proclamation set apart, to-morrow, May the thirty first as "a day of Thanksgiving, humiliation and prayers," it is ordered that his Court adjourn until Friday morning at nine o'clock.
---
**Viewer Page 78** (rcdbook1855_25_0077.jpg)
> Handwritten Page Number on Record Book: 70
**April Term 1855. Friday, June 1, 1855.**
The Court met pursuant to adjournment, Present as before.
John Wenting, a native of Germany, aged twenty-one years, who applies to be admitted a citizen of the United States, comes and proves to the satisfaction of the Court, by the testimony of two credible witnesses, Gerhard Vanbergen and Adolph Kehr, citizens of the United States, that he arrived in the United States a minor, under the age of nineteen years, that he has resided in the United States at least five years, including the years of his minority, 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 said applicant declaring here in open Court, upon oath, that for three years last past it has been, bonafide, his intention to become a citizen of the United States, and he declaring also 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 to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly to the King of Prussia, of whom he is at present a subject; therefore the said John Wenting is admitted a citizen of the United States of America.
Earnst Kahn and William Vinker, natives of Germany, who apply to be citizens of the United States, come and prove to the satisfaction of the Court, that they have 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 they will support the Constitution of the United States, and that they doth entirely and absolutely renounce and abjure all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly to the King of Prussia, of whom they are at present subjects, therefore the said Ernst Kahn and William Vinker are admitted, citizens of the United States of America.
**Alfred M. Waterman and Thomas Ryan vs Maurice Lenihan**
Order of Publication. The Sheriff having made return, that the said defendant, against whom process issued in this cause, cannot be found, and the court being satisfied that process cannot be served upon said defendant, It is therefore ordered by the Court, on motion of said plaintiffs by their attorney, that said defendant be notified by publication according to law of this order, that said plaintiffs have instituted Suit in the Saint Louis Circuit Court, upon a judgment rendered in the Cork County Court of Common Pleas, State of Illinois against said defendant and in the favor of plaintiffs the object of which is to obtain a Judgment against the said defendant for the sum of three hundred and thirty-seven dollars and forty seven cents, and that his property has been attached and that unless he be and appear at the next term of this Court, to be begun and held in the City of Saint Louis on the fourth Monday of October next and on or before the sixth day of the said term, answer the petition of said plaintiffs, the same will be taken against said defendant as confessed and his property sold to satisfy said debt & costs.
**Stephen Haskell and James M. Franciscus vs Lyman Mower, William Haslett, David Beakey and John Beakey**
Default. Now at this day come the said plaintiffs by their attorney, but the said defendants William Haslett and John Beakey, although duly summoned and called come not but make default; Wherefore, on motion of said plaintiffs, it is ordered by the Court, that the petition of the said plaintiffs be taken against the said defendants William Haslett and John Beakey as confessed.
**Warren Reed vs Frederick R. Conway.**
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury duly empanelled and sworn herein also come, and the trial of this cause having progressed, but not being concluded is laid over until to-morrow morning.
---
**Viewer Page 79** (rcdbook1855_25_0078.jpg)
> Handwritten Page Number on Record Book: 71
**April Term 1855.**
**Weil and Brother vs Edward R. Bayer et al.**
Motion for allowance, for answering garnishment filed.
**Louis Bach vs Adolph Kehr admr.**
Agreed case filed.
**Reuben Beardslee vs Turner Maddox**
Demurrer filed.
The Court met pursuant to adjournment, Present as before.
**William W. Bloomfield. vs. Edwin R. Mason**
On motion of the defendant by his attorney an appeal is granted him from the Judgment herein to the Supreme Court. Whereupon said defendant files a bond for such appeal, conditioned according to law, in the sum of Two thousand dollars, which said bono is acknowledged by the obligors and approved by the Court.
**Julien Gamache vs Christian Grimm &c.**
This day comes the defendant by their attorney and file their Bill of Exceptions herein, and on motion of said defendants an appeal is granted them from the Judgment herein to the Supreme Court, said defendants having heretofore filed a bond for such appeal, conditioned according to law and which was at the time of filing approved by the Court.
**In the matter of the assignment of S. B. Sherev.**
Statement of assignee filed.
**John Lowery &c. vs. Daniel M. Frost.**
On motion of the plaintiffs by their attorney, leave is given them to withdraw the note on which this action is founded, thereupon said note is withdrawn.
**Joseph T. Gilbert &c. vs. Daniel M. Frost.**
On motion of the plaintiffs by their attorneys, leave is given them to withdraw the note on which this action is founded, thereupon said note is withdrawn.
**Warren Reed. vs. Frederick R. Conway.**
Now at this day come again the parties aforesaid by their respective attorneys and the Jury duly sworn and empanelled herein also come, and the trial of this cause progressed, but not being concluded at the hour of adjournment, is laid over until to-morrow morning.
---
**Viewer Page 80** (rcdbook1855_25_0079.jpg)
> Handwritten Page Number on Record Book: 72
**April Term 1855. Monday June 4th 1855.**
The Court met pursuant to adjournment, Present as before.
William J. Hammond, Clerk of this Court, appoints George L. Mc. Clure, Deputy Clerk, who being approved by the Court, was sworn according to law.
**J. R. Jaffray et. al. Plaintiffs. vs. True Worthy Hort, Defendant.**
This day come the plaintiffs by their attorney, and acknowledge to have received full and entire satisfaction of the Judgment heretofore entered herein.
**William S. Bachman, Plaintiff. vs. James Cohicks, Defendant.**
This day comes the plaintiff by his attorney, and acknowledges to have received full and entire satisfaction of the Judgment heretofore entered herein.
**Warren Reed, Plaintiff. vs. Frederick R. Conway, Defendant.**
Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empannelled herein also come, and thereupon the trial of this cause further progressed, but not being concluded at the hour of adjournment, the same is laid over until to-morrow morning.
The Court met pursuant to adjournment, Present as before.
Emil Kinne, a native of Germany aged twenty two years, and Henry Caffall a native of England aged twenty two years, who apply to be admitted citizens of the United States, come and prove to the satisfaction of the Court, the said Emil Kinne by the testimony of Heinrich Frank and Christoph Wensel, two credible witnesses, citizens of the United States, and the said Henry Caffall by the testimony of John Lewellyn and George Henry, two credible witnesses, citizens of the United States, that they arrived in the United States minors, under the age of eighteen years, that they have resided in the United States at least five years, including the years of their minority, and in the State of Missouri at least one year, immediately preceding this application, during which time they have conducted themselves as men of good moral character; attached to the principles of the Constitution, and well disposed to the good order and happiness of the same : and the said applicants declaring here, in open Court, upon oath, that for three years last past it has been, bonafide, their intention to become citizens of the United States, and they declaring also upon oath that they will support the Constitution of the United States, and that they do entirely and absolutely renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly, the said Emil Kinne, to the Prince of Scharzburzh Sonderschausen, of whom he is at present a subject, and the said Henry Caffall, to the Queen of Great Britain and Ireland of whom he is at present a subject; therefore the said Emil Kinne and Henry Caffall are admitted citizens of the United States of America.
Philip Dwyer, a native of Ireland, and Charles Faber a native of Germany, who apply to be citizens of the United States, come and prove to the satisfaction of the Court, that they have 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 they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners, and they declaring, here, in open Court, upon oath, that they will support the Constitution of the United States, and that they do entirely and absolutely renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly, the said Philip Dwyer, to the Queen of Great Britain and Ireland of whom he is at present a subject, and the said Charles Faber to the King of Prussia of whom he is at present a subject, therefore the said Philip Dwyer and Charles Faber are admitted Citizens of the United States of America.
---
**Viewer Page 81** (rcdbook1855_25_0080.jpg)
> Handwritten Page Number on Record Book: 73
**April Term 1855. Tuesday June 5th 1855.**
**Citizens Insurance Company of Missouri Plaintiff. vs. William H. Belcher, Charles Belcher, Christopher Rhodes and George Pegram. Defendants.**
This day come the plaintiff by its attorney, and acknowledged to have received full and entire satisfaction of the Judgment heretofore rendered herein.
**William Hargreaves &c. Plaintiffs. vs. Restcome P. Perry &c. Defendants.**
Agreement filed, and by consent of parties leave is given the plaintiffs to file an amended Petition herein, at any time during the first week of the next October Term of this Court, on giving notice thereof to the attorney for the defendants.
**St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. P. F. Chartrand et. al. Defendants.**
Receipt for Damages filed.
**Warren Reed, Plaintiff. vs. Frederick R. Conway. Defendant.**
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause further progressed, but not being concluded at the hour of adjournment, the same is laid over.
The Court met pursuant to adjournment, Present as before.
**Samuel Engler, Plaintiff. vs. William Rice et. al. Defendants.**
Order of Distribution.
And now said cause coming on to be heard, and the decision and judgment of the Supreme Court of the State of Missouri being filed in said cause, it is ordered and adjudged that out of the funds paid into Court and now remaining undistributed amounting to Twelve hundred and eighty eight dollars and sixty five cents, there be first deducted and reserved the costs sustained in this Court in said cause amounting to Twenty four dollars and that then out of the remainder there be appropriated and paid the amount of the Judgment recovered on the fifteenth day of May, Eighteen hundred and fifty four, in the St. Louis Court of Common Pleas in favor of Daniel Morgan and R. Deming against Caleb Stone amounting with interest and costs of suit to Eight Hundred and nineteen dollars and ninety two cents - and the balance remaining be appropriated upon and applied in part payment to the Judgment of William Rice and Moses T. Rice against said Caleb Stone recovered on the eighteenth day of December Eighteen hundred and fifty four in the St. Louis Court of Common Pleas for the sum of thirty one hundred and seventy nine dollars and eighty five cents.
Phineas Block, who is personally known to the Court, comes into open Court, and acknowledges the execution by him of a Deed of Emancipation to a man slave named Henry Wheeler about thirty five years old.
Phineas Block, who is personally known to the Court, comes into open Court, and acknowledges the execution by him of a Deed of Emancipation, to a slave woman named Malinda Wheeler about thirty eight years old.
Charles D. Drake and John Finney, two credible witnesses, come into open Court, and under oath, prove to the satisfaction of the Court, the execution by Ann M. Perry of a Deed of Emancipation to a negro woman named Mary, aged about 42 years, and her child named Mary, aged about 5 years :- a negro woman named Eliza, aged about thirty years, and her two children, Wilson, aged about 10 years and Frederick, aged about 3 years.
---
**Viewer Page 82** (rcdbook1855_25_0081.jpg)
> Handwritten Page Number on Record Book: 74
**April Term 1855. Wednesday June 6th 1855.**
**Warren Reed, Plaintiff. vs. Frederick R. Conway, Defendant.**
Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause further progressed, but not being concluded at the hour of adjournment, the same is laid over until.
The Court met pursuant to adjournment, Present as before.
**Warren Reed, Plaintiff. vs. Frederick R. Conway, Defendant.**
Non Suit.
Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empanelled herein also come, and thereupon the said plaintiff by his attorney, says that he will not further prosecute his said suit in this behalf, but voluntarily take a non-suit, with leave to move to set the same aside, it is therefore considered by the Court that said plaintiff take nothing by his said suit in this behalf but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof Execution. Motion to set aside non suit filed.
**John Lowery and Archibald Lowery. Plaintiffs. vs. Daniel M. Frost. Defendant.**
Dismissal.
On motion of the plaintiffs by their attorney, it is ordered by the Court, that this suit be dismissed at the costs of said plaintiffs, and that Execution issue therefor.
**In the matter of the assignment of Lyman Mower**
Petition for renewed order of sale filed and on the application of the assignee, it is ordered that the said assignee of Lyman Mower shall proceed to sell all the property remaining in hand undisposed of, at Public vendue to the highest bidder or bidders on the twentieth day of June Eighteen hundred and fifty five, upon the terms and conditions prescribed in the former order made in this case.
**In the matter of the assignment of Samuel B. Sherer.**
Motion for an attachment against George D. Little assignee of S. B. Sherer, filed.
**John M. Cashman et. al. Plaintiffs. vs. Sylvester Ball, et. al. Defendants.**
Continued by consent.
**In the matter of Joshua Tevis Admr. &c.**
Charles R. Hall administrator of Joshua Tevis and William P. Scott Trustee of Harriet W. Tevis, come into Court and by their petition filed this day show to the Court here that the estate of Joshua Tevis and the said William P. Scott as Trustee of Harriet W. Tevis are the only persons interested in the assets of the late firms of Tevis, Scott & Tevis, & Tevis, Scott & Tevis No. 2. That of the first of these firms the said William P. Scott as Trustee of Harriet W. Tevis is entitled to two thirds of the assets and that of the second of said firms said Scott as Trustee as aforesaid is entitled to one half, and that the estate of said Joshua Tevis represented in this behalf by said Charles R. Hall admr. Is entitled to the remainder. That the estate of said Joshua Tevis is fully solvent and that all the debts of said firms of Tevis, Scott & Tevis, & Tevis, Scott & Tevis No. 2 have been paid and that the assets of said firms remaining to be divided, consists of debts & claims outstanding & owing to said firms by persons residing in Missouri, Illinois, Wisconsin & Iowa, and that of said claims the greater part are of such character as that the same cannot be collected in full, nor at all without management & compromise on the part of the persons controlling said claims. That so long as there are several persons holding & controlling said claims no such compromises can be effected, and that much loss has
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> Handwritten Page Number on Record Book: 75
**April Term 1855. Friday June 8th 1855.**
already accrued & further loss is inevitable if said claims be not divided and apportioned among the parties thereto entitled. And thereupon proof is made to the Court satisfying the Judge thereof of the truth of the facts stated in the petition. It is therefore ordered, adjudged & decreed that partition be made of the assets described in said petition, between the said petitioners according to their respective interests as therein declared & set forth. That Chastine C. Saunders, Thomas A. Anderson and Thomas Mc. Adam be appointed commissioners to take account and make partition of said assets and that they having first taken an oath to discharge their duty faithfully and impartially make such partition between said petitioners according to said petition, and report to this Court under their hands, how they have proceeded to obey said order of Court.
The Court met pursuant to adjournment, Present as before.
**Jane Casey et. al. Plaintiffs. vs. Louis Wynklemier et. al. Defendants.**
Now at this day come the parties aforesaid by their respective attorneys, and the attorney for the plaintiffs suggests to the Court, that since the last proceedings were had in this cause, Ann Casey, one of said plaintiffs has departed this life, and said attorney for the plaintiffs presents to the Court the petition of Jane & Margaret Casey, praying the substitution of John R. Barrett as next friend of Plaintiffs in place of Charles Malay their guardian, the Court doth grant the prayer of said petition and appoints the said John R. Barrett next friend of said plaintiffs, and upon motion of said plaintiffs by their attorney, leave is given them to amend their petition herein, by striking out the word "Guardian" wherever the same may occur in said petition and inserting in lieu thereof the words "next friend", and said amendment was accordingly made, whereupon the defendants file a Bill of Exceptions; and thereupon come a Jury, to wit : Paul Dejerle, John Graham, J. B. Mc. Kown, D. T. Lloyd, George Patton, Charles Primm, C. M. Lewis, T. W. Lavant, Andrew Johnson, and Robert Fowler, (by consent) ten good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined herein, the trial of this cause progressed, but not being concluded at the hour of adjournment, the same is laid over until to-morrow morning. Bond for costs filed.
**Virginia Mc. Donald, Plaintiff. vs. John Mc. Donald, Defendant.**
By leave of Court first had, the defendant files an amended answer herein.
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> Handwritten Page Number on Record Book: 76
**April Term 1855. Saturday June 9th 1855.**
The Court met pursuant to adjournment, Present as before.
**Jane Casey et. al. Plaintiffs. vs. Louis Wynklemier et. al. Defendants.**
Now at this day come again the parties aforesaid, by their respective attorneys, and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause further progressed, but not being concluded at the hour of adjournment, the same is laid over until Monday morning.
**In the matter of the assignment of Thomas Mc. Grade.**
Answer of George B. Michael, assignee, to citation, filed.
**Gilbert Prentiss, & Tutle, Plaintiffs. vs. Daniel M. Frost. Defendant.**
Now at this day come said plaintiffs by their attorney, and acknowledge to have received full and entire satisfaction of the Judgment heretofore rendered herein.
The Court met pursuant to adjournment, Present as before.
Adolph Hoffmann, and Francis M. Wetke, natives of Germany, who apply to be citizens of the United States, come and prove to the satisfaction of the Court, that they have 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 they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners, and they declaring, here, in open Court, upon oath, that they will support the Constitution of the United States, and that they do entirely and absolutely renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly, the said Adolph Hoffmann, to the Grand Duke of Saxony, of whom he is at present a subject, and the said Francis M. Wetke, to the Grand Duke of Oldenburg, of whom he is at present a subject, therefore the said Adolph Hoffmann and Francis M. Wetke, are admitted Citizens of the United States of America.
**Asa S. Jones & Eleazer Sherman, Plaintiffs. vs. Daniel A. Million. Defendant.**
Confession of Judgment.
Now at this day comes said defendant, and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to said plaintiffs in the sum of One hundred and twenty dollars, and consents that Judgment may be rendered against him said sum. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as confessed, and his costs and charges herein expended and have thereof Execution.
**In the matter of the assignment of Alonzo Newell & Abner Hitchcock.**
Edwin Ellis, and John Y. Page, to whom Alonzo Newell and Abner Hitchcock assigned all their property and effects, file and Inventory of such estate and effects, duly verified by affidavit, whereupon on motion of said assignees by their attorney, it is ordered by the Court that Francis Jones and Joseph Woodman, be appointed to appraise said property and effects, so as aforesaid assigned.
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> Handwritten Page Number on Record Book: 77
**April Term 1855. Tuesday June 12th 1855.**
**Jane Casey et. al. Plaintiffs. vs. Louis Wynklemier et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed and being finished the Jury aforesaid retire to consider of their verdict.
The Court met pursuant to adjournment, Present as before.
Christian Metzger and Frederick Metzger, natives of Germany, who apply to be citizens of the United States, come and prove to the satisfaction of the Court, that they have 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 they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners, and they declaring, here, in open Court, upon oath, that they will support the Constitution of the United States, and that they do entirely and absolutely renounce and abjure forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly, to the Grand Duke of Hesse Darmsdadt, of whom they are at present subjects, therefore the said Christian Metzger and Frederick Metzger, are admitted Citizens of the United States of America.
**Jane Casey, and Margaret Casey, by their next friend John R. Barrett. Plaintffs. vs. Louis Wynklemeier, and Julius Wynklemeier. Defendants.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and the Jurors aforesaid upon their oaths aforesaid find the issues herein joined in favor of the plaintiffs and assess their damages at the sum of Six hundred dollars. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as assessed, and also their costs and charges herein expended, and have thereof Execution.
**James Clemens Jr. Plaintiff. vs. The City of St. Louis and Francis Molair Defendants.**
Injunction.
Now at this day comes the said plaintiff by his attorney and files his petition in the above entitled cause, which by the Court being duly considered, it is ordered that upon bond being given by the said plaintiff to the said defendants with good and sufficient security in the sum of five hundred dollars, conditioned according to law, the said city of St. Louis, its officers, and agents, and the said Francis Molair be restrained and enjoined from collecting the sum of one hundred and thirty three dollars, or from selling the property in said petition mentioned or any part thereof until the further order of this Court.
**Thomas B. Hopkinson, Plaintiff. vs. the City of St. Louis, Defendant.**
Injunction.
Now at this day comes the said plaintiff by his attorney and files his petition in the above entitled cause, which by the Court being duly considered, it is ordered that upon bond being given by the said plaintiff to the said defendant with good and sufficient security in the sum of five hundred dollars, conditioned according to law, the said City of St. Louis, its officers and agents, be restrained and enjoined from collecting the sum of one hundred and ninety two dollars, or from selling the property in said petition mentioned or any part thereof until the further order of this Court.
**John Biddle, Plaintiff. vs. The City of St. Louis, Defendant.**
Injunction.
Now at this day comes the said plaintiff by his attorney and files his petition in the above entitled cause, which by the Court being duly considered, it is ordered that upon bond being given by the said plaintiff to the said defendant with good and sufficient security in the sum of Three thousand dollars, conditioned according to law, the said City of St. Louis, its officers and agents be restrained and enjoined from collecting the sum of twelve hundred and eighty three dollars and sixty three cents, or from selling the property in said petition mentioned or any part thereof until the further order of this Court.
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> Handwritten Page Number on Record Book: 78
**April Term 1855. Tuesday June 12th 1855.**
**James D. Denegre. Plaintiff. vs. Orrin Wales et. al. Defendants.**
Continued by consent.
**Joseph Chartrand &c. Plaintiffs. vs. John C. Ivory. Defendant.**
Continued.
**John O'F. Farrar et. al. Plaintffs. vs. Samuel Ruland et. al. Defendants.**
Continued by consent.
**Augustin Denegre, Plaintiff. vs. David T. Hall's Exr. Defendant.**
Continued by consent.
**Elias Abrahams et. al. Plaintiffs. vs. Andrew Krautler, Defendant.**
Now at this day come the parties aforesaid by their respective attorneys and thereupon comes also a Jury, to wit : E. Rose, G. F. Gleason, Frank Lamay, Peter D. Barada, Joseph R. Huff, and Francis Lamonte, by consent, six good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined herein, the trial of this cause progressed and being finished, by consent of parties the Jury aforesaid is withdrawn and all singular this cause is submitted to the Court, and the Court not being fully advised of and concerning the same, takes time to consider thereof.
**In the matter of the assignment of Samuel B. Sherer.**
Order of Attachment.
On motion of John C. Abbott, who is a person interested in the estate assigned by Samuel B. Sherer, it being made to appear to the satisfaction of the Court, that according to the order of this Court, citation did issue against George D. Little assignee of said Samuel B. Sherer, requiring him to appear in Court on the 2nd day of June A. D. 1855, and exhibit on oath or affirmation the account of his said trust, or show cause to the contrary, and that the same was duly served on the said George D. Little, and that the said order has not been properly complied with: it is ordered that attachment issue against the said George D. Little, requiring him to appear forthwith, and comply with the order of the Court herein, and show cause why he has hitherto failed to do so.
**John A. Goodlett, Plaintiff. vs. Reuben Bartlett, and John M. Wimer, Defendants.**
Judgment.
Now at this day come said plaintiff and said defendant John M. Wimer by their respective attorneys, but said defendant Reuben Bartlet although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court, that the petition of said plaintiff be taken against said defendant Bartlett as confessed, and the Court doth find from the instrument of writing on which this action is founded, that said defendant Reuben Bartlett is indebted to said plaintiff in the sum of Three hundred and eighteen dollars and thirty five cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as by the Court found, and also his costs and charges herein expended and that Execution issue therefor and the said plaintiff and the said defendant John M. Wimer, waiving a Jury, submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said defendant John M. Wimer is indebted to said plaintiff in the sum of Two hundred and fifty dollars and fourteen cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid by the Court found, and also his costs and charges herein expended and that Execution issue therefor. Finding of the Court filed, Both of these Judgments are for the same cause of action.
**Louis Tayon et. al. Plaintiffs. vs. James Hardman, et. al. Defendants.**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon comes also a Jury, to wit : Charles Primm, George Alvarez, Samuel Baker, J. M. Young, Isaac Letcher, Charles Koser, E. Rose, Jerome Aubuchaon, D. T. Brown, P. D. Bishop, William Phillips and Joseph Hermon, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined herein, the trial of this cause progressed but not being concluded at the hour of adjournment, the same is laid over until to-morrow morning.
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> Handwritten Page Number on Record Book: 79
**April Term 1855. Wednesday June 13th 1855.**
The Court met pursuant to adjournment, Present as before.
**Lawrence Myers, et. al. Plaintiffs. vs. William Munrve, Defendant.**
Agreement for the re-instatement of the case on the docket, filed.
**William Farris, Plaintiff. vs. Jonathan H. Jackson, Defendant.**
Replication to off-set, filed.
**In the matter of the assignment of Thomas Mc. Grade.**
Motion for an order on assignee to pay over money, filed.
**James O. Carson, et. al. Plaintiffs. vs. The Steam Boat "Elephant" Defendant.**
The Court having duly heard and considered the motion of said plaintiffs to require said defendant to give an additional Bond for its release, and being fully advised of and concerning the premises, doth consider that said motion be sustained, and that said defendant do, within two days from this date, execute a new and additional Bond for its release, and the Court doth further order that the Sheriff of St. Louis County, re-take possession of said Boat, and hold it, until said Bond shall be executed.
**Virginia Montgomery, Plaintiff. vs. William Montgomery, Defendant.**
Default.
Now at this day comes said plaintiff by her attorney, and files Proof of Publication, herein, but said defendant although duly notified and called, comes not but makes default, wherefore, on motion, of said plaintiff by her attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed.
**Louis Tayon, et. al. Plaintiffs. vs. James Hardman, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed, but not being concluded at the hour of adjournment, the same is laid over until to-morrow morning.
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> Handwritten Page Number on Record Book: 80
**April Term 1855. Thursday June 14th 1855.**
The Court met pursuant to adjournment, Present as before.
**Elias Abrahams, Michael Abrahams, and Leon Berg. Plaintiffs. vs. Andrew Krautler, Defendant.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Court being now fully advised of and concerning all and singular this cause, doth find the issues herein joined in favor of the defendant. It is therefore considered and adjudged by the Court that said plaintiffs take nothing by their said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiffs his costs and charges herein expended and have thereof Execution. Finding of the Court, filed.
**William Crowell, Plaintiff. vs. Jonathan H. Jackson, Defendant.**
Satisfaction.
Now at this day comes said plaintiff by his attorney, and acknowledges to have received full and entire satisfaction of the Judgment heretofore rendered herein.
**Louis Robert, et. al. Plaintiffs. vs. The unknown heirs of Joseph Beylle, et. al. Defendants.**
Subdivision and Plat & field notes, filed.
**Charles Bobb, Plaintiff. vs. Laura A. Bobb, Defendant.**
Dismissal.
On motion of the Plaintiff by his attorney, it is ordered by the Court that this suit be dismissed at the costs of said plaintiff and that Execution issue therefor.
**James Lippincott, et. al. Plaintiffs. vs. Edward Brooks, garnishee of William M. Price. Defendant.**
By consent of parties, Plaintiffs file "Traverse of answer of Garnishee".
**Louis Tayon, et. al. Plaintiffs. vs. James Hardmann, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed, and the evidence being concluded, further proceedings are continued until to-morrow morning.
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> Handwritten Page Number on Record Book: 81
**April Term 1855. Friday June 15th 1855.**
The Court met pursuant to adjournment, Present as before.
**The Pacific Rail Road, Plaintiff. vs. Charles Muegge, Defendant.**
Order of Publication.
On motion of the plaintiff by its attorney, it is ordered by the Court, that the entry heretofore made herein on the nineteenth day of April Eighteen hundred and fifty five, be so amended as to read as follows, to wit : The Sheriff having made return that the said defendant against whom process issued in this cause, cannot be found, and the Court being satisfied that process cannot be served upon said defendant. It is therefore on motion of said plaintiff by its attorney ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against the said defendant, in the St. Louis Circuit Court, the object of which is to obtain judgment for the amount with interest of the balance of the defendants subscription of five shares to the stock of the plaintiff, to wit: five percent on said five shares due 1, May 1853, Five percent due 1, July 1853, five percent due 1, September 1853, ten percent due 1, October 1853, ten percent due 15, November 1853, five percent due 15, January 1854, and ten percent due 15, March 1854, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis on the fourth Monday of October next and on or before the sixth day thereof answer the petition of said plaintiff the same will be taken against him, said defendant, as confessed.
**The Pacific Rail Road, Plainitff. vs. Thomas Mc. Martin, Defendant.**
Order of Publication.
On motion of the plaintiff by its attorney, it is ordered by the Court, that the entry heretofore made herein on the nineteenth day of April Eighteen hundred and fifty five, be so amended as to read as follows, to wit: The Sheriff having made return that the said defendant against whom process issued in this cause, cannot be found, and the Court being satisfied that process cannot be served upon said defendant. It is therefore on motion of said plaintiff by its attorney, ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against the said defendant in the St. Louis Circuit Court, the object of which is to obtain judgment for the amount with interest of the balance of the defendants subscription of three shares to the stock of the plaintiff, to wit: five percent on said three shares due November 1, 1852, five percent due 1, March 1853, five percent due 1, May 1853, five percent due 1, July 1853, five percent due 1, September 1853, ten percent due 1, October 1853, ten percent due 15, November 1853, five percent due 15, January 1854, and ten percent due 15, March 1854, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis on the fourth Monday of October next, and on or before the sixth day thereof answer the petition of said plaintiff the same will be taken against him, said defendant, as confessed.
**The City of St. Louis, Plaintiff. vs. Charles Mulliken, Defendant.**
Non Suit.
Now at this day comes said plaintiff by its attorney, and says it will not further prosecute its said suit against said defendant, but voluntarily takes a non-suit. It is therefore considered and adjudged by the Court that said plaintiff take nothing by its said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof Execution.
**The City of St. Louis, Plaintiff. vs. James Clemens, Jr. Defendant.**
Non Suit.
Now at this day comes said plaintiff by its attorney, and says it will not further prosecute its said suit in this behalf, but voluntarily takes a non-suit. It is therefore considered and adjudged by the Court, that said plaintiff take nothing by its said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof Execution.
**Pierre Chouteau, Jr. et. al. Plaintiffs. vs. James A. Moore, et. al. Defendants.**
Sheriff's Report of Sale of personality filed, and approved.
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> Handwritten Page Number on Record Book: 82
**April Term 1855. Friday June 15th 1855.**
**The City of St. Louis, Plaintiff. vs. John R. Shepley, Defendant.**
Non Suit.
Now at this day comes said plaintiff by its attorney, and says that it will not further prosecute its said suit in this behalf, but voluntarily takes a non-suit. It is therefore considered and adjudged by the Court that said plaintiff take nothing by its said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof Execution.
**The City of St. Louis, Plaintiff. vs. David H. Armstrong, and Samuel Willi, Defendants.**
Non Suit.
Now at this day comes said plaintiff by its attorney, and says that it will not further prosecute its said suit in this behalf, but voluntarily takes a non-suit. It is therefore considered and adjudged by the Court that said plaintiff take nothing by its said suit in this behalf, but that said defendant go thereof without day, and recover of said plaintiff their costs and charges herein expended, and have thereof Execution.
**Caleb W. Baldwin, Plaintiff. vs. Philip G. Ferguson &c. Defendants.**
On motion of the plaintiff by his attorney, it is ordered by the Court that a Dedimus issue herein on the part of said plaintiff to the State of California.
**Elias Abrahams, et. al. Plaintiffs. vs. Andrew Krautler, Defendant.**
Now at this day come said plaintiffs by their attorney, and file a motion for Review, herein, which the Court having duly heard and considered and being fully advised of and concerning the premises, doth order that said motion be overruled. Bill of Exceptions filed.
**Louise Tayon, Louis Tayon, Charles La Berge, and Margaret his wife, Emilie Dorlac, Baptiste Tison and Mary his wife, John Spinck and Louise his wife, Martha Guilord, Andre S. Barada, Louis G. Barada, Archibald Mc. Nabb and Ellen his wife, Dee Bouffay Fremon, and Samuel Reber. Plaintiffs. vs. James Hardman, and Daniel D. Page, Defendants.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empannelled herein also come, and the Attorney for the plaintiffs suggests to the Court, that Emilie Dorlac, and Martha Guibord, two of said plaintiffs have departed this life, and on his motion, it is ordered by the Court, that this suit do abate, as regards said deceased plaintiffs, and thereupon the Argument of Counsel being heard, the Jurors aforesaid upon their oaths aforesaid find for the plaintiffs as to the following portion of the land in their petition described, that is to say : The two undivided fifths of nine acres, beginning at the western line of the New Madrid location in the name of Martin Coontz and extending eastwardly so as to include the said quantity of Nine acres; and assess the damages sustained by said plaintiffs at ten dollars per acre per annum ; and find the monthly value of said premises to be ten dollars per acre per year. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the portion of land as above found by the Jury, and that they have their writ of possession therefor, and it is further considered and adjudged by the Court that said plaintiffs recover of said defendants the damages aforesaid and monthly value aforesaid, in form aforesaid as by the Jury found, and also their costs and charges herein expended and have thereof Execution.
**Jane Casey et. al. Plaintiffs. vs. Louis Wynklemeier, et. al. Defendants**
Motion for new trial & reasons, filed and ten days given defendants to file affidavits.
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> Handwritten Page Number on Record Book: 83
**April Term 1855. Saturday June 16th 1855.**
The Court met pursuant to adjournment, Present as before.
**Nelson Cary, Plaintiff. vs. Steam Boat Admiral, Defendant.**
Now at this day comes said defendant and files a bond, with John Brooks, as Principal, and James E. Darst, as Security, conditioned according to law, for its release herein, which bond is approved by the Court.
**In the matter of the assignment of Alonzo Newell and Abner Hitchcock.**
Order of Sale.
Edwin Ellis and John Y. Page, assignees of said Alonzo Newell and Abner Hitchcock, having given bond with approved security for the faithful execution of their trust; It is ordered that the said assignees proceed to sell the estate assigned to them, consisting of furniture, stock and fixtures, and valued at about Four thousand dollars, as soon as possible at public auction, having first given ten days previous notice of the time, terms and place of said sale by advertisements, either by hand bills or in the newspapers of the City, for cash, or on a credit not exceeding twelve months, and upon all credit sales the purchaser to give notes with good security, and further that said assignees be ordered to sell such portions of said stock at private sale, previous to said public sale, as to them may seem best, provided that no part of the same shall be sold for less than two thirds of the appraised value thereof. Appraisement and assignees Bond, filed.
**John Tevis, assignee &c. Plaintiff. vs. Henry L. Tevis Administrator. Defendant.**
Motion for trial by the Court, filed.
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> Handwritten Page Number on Record Book: 84
**April Term 1855. Monday June 18th 1855.**
The Court met pursuant to adjournment, Present as before.
Frederick William Prange, a native of Germany, who applies to be 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 renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly to the King of Prussia, of whom he is at present a subject, therefore the said Frederick William Prange is admitted a citizen of the United States of America.
**Joseph A. Eddy et. al. Plaintiffs. vs. John H. Deeckmann, Defendant.**
Order of Sale.
Turner Maddox, Esquire, Sheriff of St. Louis County, representing to the Court, that, the personal property by him attached, by virtue of the writ of attachment herein, before the probable termination of this suit may depreciate in value, and that the keeping of the same will be attended with great expense. It is ordered by the Court, that the said Sheriff do proceed to sell according to law, the property by him as aforesaid attached, and that he make report of his proceedings herein, to this Court, with all convenient dispatch.
**Louise Tayon, et. al. Plaintiffs. vs. James Hardman, et. al. Defendants.**
Motion to set aside verdict, and grant a new trial, filed.
James S. Thomas, who is personally known to the Court, comes into open Court, and acknowledges the execution by him of a deed of Emancipation, to a negro slave, named Henrietta Teal, aged about thirty four years.
**The State of Missouri, Plaintiff. vs. Charles R. Combs, Defendant.**
Recognizance.
Charles R. Combs as principal, and James B. Ricords as his security, here in open Court, acknowledge themselves to owe the State of Missouri the sum of Five hundred dollars, to be levied of their respective goods and chattels, lands and tenements : Yet upon condition that if the said Charles R. Combs shall personally appear before this Court on the first day of the next term thereof to be begun and held at the City of St. Louis within and for the County of St. Louis on the fourth Monday of October next and from day today during said term, and on the first day of any future term and from day to day during any such future term to which this cause shall be continued, to answer to an indictment found against him for Grand Larceny, and shall not depart the Court without leave thereof, then this recognizance to be sold, else of full force.
**Jacob Kleiber, Plaintiff. vs. Ludwick Schluter, Defendant.**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon comes also a Jury, to wit: John Inman, Adam Coogle, E. W. Hyde, Thomas G. Burgess, James Ritter, J. D. Hutchinson, Jacob Sweifort, E. A. Goff, William S. Bachman, G. H. Littleton, Joseph Hineman, and Samuel Willi, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined herein, the trial of this cause commence when upon the request of G. H. Littleton one of said Jurors, and by consent of parties, he was discharged as such Juror, and the trial progressed with the remaining eleven Jurors, and the evidence being concluded, further proceedings are continued until to-morrow morning.
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> Handwritten Page Number on Record Book: 85
**April Term 1855. Tuesday June 19th 1855.**
The Court met pursuant to adjournment, Present as before.
Kaspar Miller, and Philip Roderer, natives of Germany, who apply to be citizens of the United States, come and prove to the satisfaction of the Court, that they have 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 they have conducted themselves as men 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 applicants has taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners, and they declaring, here, in open Court, upon oath, that they will support the Constitution of the United States, and that they do entirely and absolutely, renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly the said Kaspar Miller to the King of Bavaria, of whom he is at present a subject, and the said Philip Roderer to the Grand Duke of Baden of whom he is at present a subject, therefore the said Kaspar Miller and Philip Roderer are admitted a Citizens of the United States of America.
**In the matter of the assignment of Samuel B. Sherer.**
By consent of parties, it is ordered by the Court, that the motion for an order of attachment against George D. Little assignee of said Samuel B. Sherer, herein, be dismissed at the costs of said George D. Little, and that Execution issue therefor.
**Isaac Rosenfield, Jr. Trustee &c. Plaintiff. vs. Charles Lefrance, et. al. Defendants.**
Answer of Defendants, filed.
**Patrick Gorman, Plaintiff. vs. Stephen Finn et. al. Defendants.**
Accounts, Numbers 1, 2, & 3, of P. Farrell, Receiver, filed.
**Carlos S. Greeley, Plaintiff. vs. Caleb J. Abbott. Defendant.**
Satisfaction.
Now at this day comes said plaintiff, and acknowledges to have received full and entire satisfaction of the Judgment heretofore rendered herein against said defendant.
Socrates Newman, who is personally known to the Court, comes into open Court, and acknowledges the Execution by him of a Deed of Emancipation to a negro named Fielding Williams, of dark complexion, aged about twenty two years.
**Jacob Kleiber, Plaintiff. vs. Ludwick Schluter, Defendant.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and thereupon the argument of Counsel being heard, the Jurors aforesaid upon their oaths aforesaid, find the issues herein joined in favor of the plaintiff, and assess his damages at the sum of One hundred and seventeen dollars and twenty six cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid by the Jury found, and also his costs and charges herein expended and that he have therefor Execution.
**Arthur Kempland, et. al. Plaintiffs. vs. Leroy Kingsland, et. al. Defendants.**
Now at this day come the parties aforesaid by their respective attorneys and waiving a Jury, submit this cause to the Court upon the pleadings and proofs, and the Court proceeded to hear the same, but not having concluded at the hour of adjournment, further proceedings are continued until to-morrow morning.
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**April Term 1855. Wednesday June 20th 1855.**
The Court met pursuant to adjournment, Present as before.
**Elizabeth Rude, Plaintiff. vs. John Rude, Defendant.**
Judgment on Demurrer.
The Plaintiff having failed to amend her Petition within the time given for that purpose, now, on motion of the attorney for the defendant, the Court doth proceed to render final Judgment upon the Demurrer to said Petition, as follows, to wit : Now at this day come the parties aforesaid by their respective attorneys, and the Court having duly heard and considered the Demurrer of said defendant to the petition of said plaintiff, and being thereof fully advised, doth order that said demurrer be sustained. It is therefore considered and adjudged by the Court that said plaintiff take nothing by her said suit in this behalf, but that said defendant go thereof without day. It is further ordered by the Court that said defendant pay the costs of this sit and that Execution issue therefor.
**Louis Bach, Plaintiff. vs. Adolph Kehr, Administrator of the Estate of Jacob Mueller, deceased. Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and waiving a Jury, submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs, that said defendant is indebted to said plaintiff in the sum of Five hundred dollars, on account of said plaintiffs interest in a certain note, in his petition mentioned, and which is in the hands of said defendant. It is therefore considered and adjudged by the Court that the said defendant, whenever he shall have collected the amount which the said note calls for, do pay over to the said plaintiff of the said proceeds, the said sum of Five hundred dollars with interest thereon, and in that proportion should not the whole amount of said note be collected, and that he take the receipt of said plaintiff for such payment, and it is further ordered that the said parties shall respectively pay their own costs of this suit. Finding of the Court filed.
**In the matter of the assignment of Thomas R. Posey.**
Robert S. Eddy, to whom Thomas R. Posey assigned all his property and effects, files an Inventory of such property and effects, duly verified by affidavit, whereupon on motion of said assignee by his attorney, it is ordered by the Court, that William Adriance, M. V. L. Mc. Clelland, and James H. Eddy, be appointed to appraise said property and effects, so as aforesaid assigned.
**Arthur Kempland, et. al. Plaintiffs. vs. Leroy Kingsland, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys, and thereupon the hearing of this cause progressed, but not being concluded at the hour of adjournment, the same is laid over until to-morrow morning.
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**April Term 1855. Thursday June 21st 1855.**
The Court met pursuant to adjournment, Present as before.
**Louis Robert, et. al. Plaintiffs. vs. The Unknown heirs of Joseph Beylle, et. al. Defendants.**
Sheriff's Report of Sale filed, and the same being presented to the Court for confirmation, and the Court being satisfied that the same is just and correct and no objection being made to the confirmation thereof, It is ordered by the Court that the same be confirmed.
**St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. John L. Hardeman, et. al. Defendants.**
Petition presented by attorney for the Plaintiff, and on his motion, the hearing of the same is continued until the twenty eight instant.
**St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. Barton Bates & others, heirs of Dillon, Defendants.**
Petition presented by attorney for the Plaintiff, and on his motion, the hearing of the same is continued until the fifth of July next, and it is ordered that defendants not served be brought in by giving them ten days notice of said hearing, in the usual manner.
**William F. Morgan, Plaintiff. vs. Adam Doering, Defendant.**
Continued.
**Thomas Allen, Plaintiff. vs. The City of St. Louis, &c. Defendants.**
Continued.
**Henry G. Soulard, Plaintiff. vs. 159 The City of St. Louis, Defendant.**
Continued by consent.
**Henry G. Soulard, et. al. Plaintiffs. vs. The City of St. Louis, Defendant.**
Continued by consent.
**David B. Hill, Plaintiff. vs. The City of St. Louis, Defendant.**
Continued by consent.
**Arthur Kempland, et. al. Plaintiffs. vs. Leroy Kingsland, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys, and the hearing of this cause progressed and being finished, the same lies over for Judgment.
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**April Term 1855. Friday June 22nd 1855.**
The Court met pursuant to adjournment, Present as before.
Turner Maddox, Esquire, Sheriff of St. Louis County, comes into open Court, and acknowledges the Execution by him, as Sheriff as aforesaid, of a deed to William C. Inks, of all the right, title, interest, claim, estate, and property of Louis Robert, and Mary his wife, Nelson Robert, Charles Robert, Louis Robert 2nd, Nathan Allen and Odelle or Adelle his wife and Charles G. Whittlesey, the unknown heirs of Joseph Beylle and the unknown heirs of Joseph Sevelligge, of, in and to the following described real estate, viz : Lots numbered one & nine in the subdivision of the tract of land below described. Lot No. 1 containing Thirteen 27/100 acres, & Lot No.9 containing forty acres. A certain tract or parcel of land in St. Louis County, State of Missouri, in Survey 1807, containing eleven hundred and eighty four acres, more or less, situate in Township forty three north of Range three East, bounded on the North east by land sold by August Chouteau to Pyatt and Inks, and the north east boundary line of said survey, on the south east by the Maramec River, and in the south west by a line to be run from the north west boundary line of the survey to the Maramec River, parallel to the said north east boundary, so as to include the quantity of eleven hundred and eighty four acres (1184), said tract being also bounded west by lots one, seven, and eight of the subdivision of said survey, in the Chouteau partition, and south by the Maramec River; sold by virtue and under authority of an order of sale, issued from the St. Louis Circuit Court on the tenth day of May, Eighteen hundred and fifty five.
Turner Maddox, Esquire, Sheriff of St. Louis County, comes into open Court, and acknowledges the execution by him, as Sheriff as aforesaid, of a deed to Enoch Price, of all the right, title, interest, claim estate and property of Louis Robert, and Mary his wife, Nelson Robert, Charles Robert, Louis Robert 2nd, Nathan Allen and Odelle or Adelle his wife, Charles C. Whittelsey, the unknown heirs of Joseph Beylle, and the unknown heirs of Joseph Sevelligge, of, in and to the following described real estate, viz : Lot numbered Ten, containing Thirty two 96/100 acres, in the subdivision of the tract of land described as follows, viz : A certain tract or parcel of land situated in the County of St. Louis, State of Missouri, in Survey 1807, containing Eleven hundred and eighty four acres more or less situate in Township forty three north of Range three East, bounded on the north east by land sold by Auguste Chouteau to Pyatt and Inks, and the north east boundary line of said survey, on the South east by the Maramec River, and on the South west by a line to be run from the north west boundary line of the survey to the Maramec, parallel to the said north east boundary so as to include the quantity of Eleven hundred and eight four (1184) acres, said tract being also bounded West by lots one, seven and eight of the subdivision of said survey in the Chouteau partition and South by the Maramec River; sold by virtue and under authority of an order of Sale made by the St. Louis Circuit Court on the tenth day of May Eighteen hundred and fifty five.
Turner Maddox, Esquire, Sheriff of St. Louis County, comes into open Court, and acknowledges the execution by him, as Sheriff as aforesaid, of a deed to Frederick Wengler, of all the right, title, interest, claim estate and property of Louis Robert, and Mary his wife, Nelson Robert, Charles Robert, Louis Robert 2nd, Nathan Allen and Odelle or Adelle his wife, Charles C. Whittelsey, the unknown heirs of Joseph Beylle, and the unknown heirs of Joseph Sevelligge, of, in and to the following described real estate, viz : Lot of ground numbered Fourteen, containing Forty acres, in the subdivision of the tract of land described as follows, viz : A certain tract or parcel of land situate in the County of St. Louis, State of Missouri, in Survey 1807, containing Eleven hundred and eighty four acres more or less situate in Township forty three north of Range three East, bounded on the north east by land sold by Auguste Chouteau to Pyatt and Inks, and the north east boundary line of said survey, on the South east by the Maramec River, and on the South west by a line to be run from the north west boundary line of the survey to the Maramec, parallel to the said north east boundary so as to include the quantity of Eleven hundred and eight four (1184) acres, said tract being also bounded West by lots one, seven and eight of the subdivision of said survey in the Chouteau partition and South by the Maramec River; sold by virtue and under authority of an order of Sale made by the St. Louis Circuit Court on the tenth day of May Eighteen hundred and fifty five.
Mary Meacham, who is personally known to the Court, comes into open Court, and acknowledges the execution by her of a Deed of Emancipation to Elizabeth Lucas and her two children, two negro boys, said Elizabeth about thirty years of age and of a lightish Black color, one Boy named Samuel Lucas, aged about five years, and the other named Allison Lucas, aged about two years.
**Mrs. Jane Mc. Kee, Plaintiff. vs. Caleb J. Abbott, Defendant.**
Satisfaction. Now at this day comes said plaintiff, and acknowledges to have received full and entire satisfaction of the Judgment heretofore rendered herein.
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**April Term 1855. Friday June 22nd 1855.**
**William W. Baker, Plaintiff. vs. Joseph S. Pease, Defendant.**
The motion of the defendant for a new trial herein, being duly heard and considered by the Court, and the Court being fully advised of and concerning the premises, doth order that said motion be overruled.
**James M. Lyon, et. al. Plaintiffs. vs. Joseph S. Hull, et. al. Defendants.**
The Court having duly heard and considered the motion for a Review herein, and being fully advised of and concerning the premises, doth order that said motion be sustained, and that said Review be had at the next term of this Court.
**Hannah Johnson, Plaintiff. vs. Cornelius D. Sullivan, Defendant.**
The Court having duly heard and considered the motion for a new trial herein, and being fully advised of and concerning the premises, doth order that said motion be overruled, by consent until fifth July next given to file Bill of Exceptions herein.
**Norman Robirds, and Oby Robirds, Plaintiffs. vs. The Fireman's Insurance Company of Charleston, South Carolina. Defendant.**
Judgment.
Now at this day come the parties aforesaid, by their respective attorneys, and submit this cause to the Court, upon the agreed statement herein filed, which being seen and heard and by the Court now fully understood, the Court doth find for the plaintiffs. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum of five hundred and fifty five dollars and seventy five cents, damages, with their costs and charges by them in this behalf expended, and have thereof Execution.
**In the matter of the assignment of Theodore R. Posey.**
Appraisement filed, assignees Bond filed & approved by the Court, and on application of Robert S. Eddy, assignee of said Theodore R. Posey. It is ordered by the Court that said assignee do proceed to sell the goods, wares and merchandize and stock in trade assigned to him, at private sale, for the period of sixty days, from and after the date of this order, and after that period he may sell the remainder at public auction, said sales to be made for cash on all sums less than two hundred dollars and all sales exceeding that amount may be made on a credit of ninety days, the purchasers giving the their noteswith approved endorsers.
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**April Term 1855. Saturday June 23rd 1855.**
**Isaac Renon administrator of Antoine Le Faivre, deceased. vs. Colostie Le Faivre.**
It appearing by an affidavit herewith filed, that the quarterly payment of Sixty one dollars and fifty cents due the 17th day of June 1855, and ordered to be paid by virtue of a judgment rendered by this Court at its November Term 1850, is unpaid, and it also appearing by said affidavit, that a demand for the payment of the same has been made and proper notice given that application would be made to this Court for execution to issue on said judgment to enforce the payment of said installment, and application being made : Now therefore it is ordered, that execution issue for the quantity payment of sixty one dollars and fifty cents due as aforesaid.
**George W. Cable, et. al. Plaintiffs. vs. William C. Martin, et. al. Defendants.**
Continued by consent.
**Pierre Chouteau Jr. et. al. Plaintiffs. vs. James B. Harris, et. al. Defendants.**
By consent of parties, further time until Saturday next, is given defendants to answer herein.
**Ezeriah S. Burrell, Plaintiff. vs. William C. Jewett's Exr., Defendant.**
Now at this day comes Wiley J. Stratton, Executor of said William C. Jewett, by his attorney, and enters his appearance as party defendant herein.
**Hudson B. Powell, Plaintiff. vs. Michael Buckley, Defendant.**
Agreement filed, and cause continued by consent.
**John Maguire, Plaintiff. vs. William Thomas, Garnishee of H. C. Brown, Defendant.**
The Court having duly heard and considered the motion of said Garnishee to set aside the default herein, and being fully advised of an concerning the premises, doth order that said motion be sustained, and that said default be set aside at the costs of said Garnishee, and that Execution issue therefor. Leave given defendant to answer at any time during present term.
**Warren Reed, Plaintiff. vs. Frederick R. Conway, Defendant.**
The Court having duly heard and considered the motion to set aside the non suit herein, and being fully advised of and concerning the premises, doth order that said motion be overruled. Till fifth July given Plaintiff to file Bill of Exceptions.
**The State of Missouri to the use of Peter Powell &c. Plaintiff. vs. Benjamin Clapp &c. Defendant.**
The Court having duly heard and considered the motion of said Plaintiff to set aside the non suit herein, and being fully advised of an concerning the premises, doth order that said motion be overruled.
**Thomas Page, &c. Plaintiffs. vs. Tracy P. Turner, Defendant.**
The Court having duly heard and considered the motion to suppress the deposition of Spencer A. Turner, herein, and being fully advised of and concerning the premises, doth order that said motion be sustained.
**Louise Tayon, et. al. Plaintiffs. vs. James Hardman, &c. Defendants.**
The Court having duly heard and considered the motion for a new trial herein and being fully advised of and concerning the premises, doth order that said motion be overruled.
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**April Term 1855. Saturday June 23rd 1855.**
**Louis Robert, et. al. Plaintiffs. vs. The unknown heirs of Joseph Beylle, and The unknown heirs of Joseph Sevelingge, Defendants.**
Now at this day Ursule Cephise Tardy, Zema Bousquet, and her husband Peter Bousquet, Irma Tete and her husband Francis Tete, Lise Herpin and her husband J. B. Herpin, Josephine Thomas, Estelle Beylle, Heloise Beylle, John E. Beylle, Augustus Beylle, and Marie Madeline Louise Therese Beylle, and Irma J. Sevelingge, Maria Sevelingge and Eliza Sevelingge, presented to the Court their petition representing that the said Ursule Cephise Tardy, Zema Bousquet, Irma Tete, Lise Herpin, Josephine Thomas, Estelle, Heloise, John E. and Augustus are the only heirs of the said Joseph Beylle deceased, and that the said Marie Madeline Louise Therese Beylle, is his widow, and that said heirs and widow are entitled to one half of the real estate mentioned in the said petition for partition, and of the proceeds of the sales thereof, and further representing that the said Irma J. Sevelingge and Maria Sevelingge are the only heirs of the said Joseph Sevelingge, and that said Eliza Sevelingge is the widow of said Joseph Sevelingge deceased, and that the said heirs and widow of said Joseph Sevelingge are entitled to an interest of one fourth in said real estate, and to the fourth of the proceeds of the sales thereof. The Court having heard the proofs of the parties doth find that the said heirs and widow of Joseph Beylle, and the said heirs and widow of Joseph Sevelingge are entitled to the proportios of the proceeds of sale of said real estate as mentioned in their petition and that they are the persons described in the judgment of partition and order of sale as the unknown heirs of Joseph Beylle and Joseph Sevelingge. It is therefore ordered and adjudged that the said widow and heirs of Joseph Beylle recover one half of the proceeds of the sale of said real estate, and that the said widow and heirs of Joseph Sevelingge recover one fourth part of the proceeds of the sale of said real estate.
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**April Term 1855. Monday June 24th 1855.**
The Court met pursuant to adjournment, Present as before.
**Angelica C. Yeatman, et. al. Plaintiffs. vs. James E. Yeatman, Defendant.**
Answer filed.
**Thomas Page, et. al. Plaintiffs. vs. Tracy P. Turner, Defendant.**
Bill of Exceptions filed by Plaintiffs.
**Jane Casey, et. al. Plaintiffs. vs. Louis Wynklemier, et. al. Defendants.**
On motion of the defendants by their attorney, further time, until the 30th instant, is given them to file affidavit in support of the motion for a new trial herein.
**Robert H. Miller, Plaintiff. vs. John W. Irwin, Executor of N. E. Janney, and John Ford. Defendants.**
Judgment.
Now at this day the said parties by their respective attorneys appeared and neither party requiring a Jury, the same was submitted to the Court on the pleadings, exhibits and proofs of the parties, the Court doth find that the said John W. Irwin as Executor of the last will and testament of the said Nathaniel E. Janney is indebted to the plaintiff in the sum of Eight hundred and twenty dollars and twenty eight cents. It is therefore considered and adjudged by the Court that the plaintiff recover of the said Irwin as Executor as aforesaid the said sum of Eight hundred and twenty dollars and twenty eight cents. It is further ordered that the costs of this suit be equally divided between the plaintiff and the said Irwin as Executor as aforesaid. It is further adjudged by the Court that all further payments, if any, hereafter, made on the debts due to the said late firm of the plaintiff and Janney shall be divided between the plaintiff and the said Irwin as Executor, in the following proportion, that is to say : two fifths thereof to the plaintiff and three fifths to the said Irwin as Executor as aforesaid, and also that all future payments, if any, hereafter made on the debts due to the said late firm composed of the said Janney and defendant Ford shall be divided equally between the plaintiff and the said Irwin as such Executor - The interests thus ascertained and declared of the said Irwin as Executor as aforesaid in such future payments, shall stand as security for the payment of such portion of the costs of this suit as are herein adjudged to be paid by said Executor, and not be withdrawn until such payment be made.
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**April Term 1855. Tuesday June 26th 1855.**
The Court met pursuant to adjournment, Present as before.
**Edward V. Bryan, et. al. Plaintiffs. vs. Edward St Michel, Defendant.**
Notice of motion to produce looks filed, and motion for order on defendant for production of looks, filed.
**The Bank of the State of Missouri, Plaintiff. vs. Worden P. Penn, et. al. Defendants.**
Continued as on affidavit at the costs of the plaintiff.
**Augustin Denegre, Plaintiff. vs. David N. Hall's Executor, Defendant.**
Continued as on affidavit at the costs of the plaintiff.
**Arthur Kempland & Ellen Kempland. Plaintiffs. vs. Leroy Kingsland, George Kingsland, Catharine J. Kingsland, Mary A. Chamblin, Allen J. Chamblin, Lawrence Kingsland Jr, and Sarah Kingsland & Philip Kingsland. Defendants.**
Now at this day come the plaintiffs by their Attorney, and the said Leroy Kingsland, George Kingsland, Philip Kingsland, Catharine J. Kingsland, and Sarah Kingsland, by their attorneys, and the said Lawrence Kingsland, by his guardian ad litem, and the said Allen T. Chamblin and Mary A. Chamblin, come not, but make default; and thereupon this cause is submitted to the Court upon the petitions of the plaintiffs, original and supplemental, the answers, exhibits and proofs, which being seen and heard and by the Court here fully understood, the Court doth find that the defendant Leroy Kingsland did, on or about the twenty first day of October, Eighteen hundred and forty seven, execute and deliver to the parties mentioned therein as parties of the second part, the wife and children of Lawrence Kingsland, Senior, since deceasedm (among which said children was the said Ellen, wife of said plaintiff Arthur Kempland,) for the purposes therein mentioned, a certain declaration of trust, filed as an exhibit with Plaintiff's petition. The Court doth further find that the plaintiffs were, at the time said declaration of trust was so executed and delivered, and thence forward until on or about the first day of January, eighteen hundred and forty nine, entitled to the one equal undivided seventh part of the half of the property known as the Phoenix Foundry, with its stock, fixtures, implements, & business generally; that the business of said Phoenix Foundry was carried on, under & in pursuance of the said trust, until on or about the first day of January, eighteen hundred and forty nine, when, or about which time, it was closed up and determined, under the power vested in the said George Kingsland for that purpose, bonafide, and without any fraud as to the plaintiffs, or other parties interested therein; and that the plaintiffs are entitled to the one seventh part of the one half of all the gains, increase, and profits of the business of said Phoenix Foundry, which accrued from the time said declaration of trust was executed and delivered as aforesaid, up to the time said business was closed up and determined as aforesaid; subject, however, to the prior trust declared in said declaration of trust in favor of Mrs. Sarah Kingland and Lawrence Kingsland, Junior. And the Court doth further find that the plaintiffs are entitled to the one undivided seventh part of one half of all increase and gains derived by said Leroy Kingsland from the lease hold property described in the petition, acquired by him from John Maguire and Louis A. LaBeaume: And the Court doth order and decree that it be referred to Alfred Chadwick to take an account of the business of said Phoenix Foundry, and of the net profits thereof, from the time said declaration of trust was executed and delivered as aforesaid, to the time said business was closed up and determined as aforesaid; and further to state the value of said Foundry, with its stock, fixtures and implements, at the time said business was so closed up and determined; and further to take an account of all moneys paid by said Leroy Kingsland to Mrs Sarah Kingsland, and also all paid, by said Leroy on account of said Lawrence Kingsland Jr, not exceeding one thousand dollars, out of the moneys received by him, the said Leroy, from the business of said foundry, up to the time of taking the account herein ordered; and further to take an account of all moneys received and paid out by said Leroy for and on account of the lease hold property aforesaid; and further to ascertain what amount, with interest, is due to the plaintiffs as their share of the said Phoenix Foundry and the net profits thereof, after deducting also the amounts paid thereout by said Leroy Kingsland to Mrs Sarah Kingsland and on account of said Lawrence Kingsland, Junior, in pursuance of the terms, of said declaration of trust; and
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further to ascertain what amount, with interest, is due to the plaintiffs as their share of the net gains derived from the said lease hold property; and that said Alfred Chadwick make his report in the premises to the Court with all convenient speed, and this cause is continued until the coming in of the said report. Plaintiffs file Bill of Exceptions. Motion & Case for Review filed, and the Court having duly heard and considered the same, and being fully advised of and concerning the premises, doth order that said motion be overruled. Bill of Exceptions filed.
**Nancy Link & Benjamin T. Link, her husband, Plaintiffs. vs. Francis B. Edmonson, et. al. Defendants.**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon comes also a Jury, to wit: Peter D. Barada, John Dougherty, J. A. Pratt, C. A. Breadster, J. B. Griffith, S. C. Richards, George Sutherland, William Ottinger, J. F. Whitsett, A. J. Quick, Thomas Hites, and E. W. Hill, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined herein, the trial of this cause progressed, and being finished, further proceedings were continued until to-morrow morning.
**Saint Louis & Iron Mountain Rail Road Company. vs. Eliza B. Pettier & Others. Saint Louis & Iron Mountain Rail Road Company. vs. Agnes Paulette & Others. Saint Louis & Iron Mountain Rail Road Company. vs. Heirs & devisers of Bryan Mullanphy. Saint Louis & Iron Mountain Rail Road Company. vs. Heirs of Thomas Chartrand. Saint Louis & Iron Mountain Rail Road Company. vs. Heirs of Enos Bouchez. Saint Louis & Iron Mountain Rail Road Company. vs. A. Nordhaus & Others. Saint Louis & Iron Mountain Rail Road Company. vs. Louis Fasseu. Saint Louis & Iron Mountain Rail Road Company. vs. Odelia & others Heirs of Michael Peters,**
Motion filed in each of these cases to confirm Report of Commissioners.
**Samuel Engler, Plaintiff. vs. Joseph J. Bate. Defendant.**
Continued by consent.
**William M. Marrison & others. vs. William Mc Kinley & others. 256 Novr. 3. 1852. Stephen Hayt. vs. William Mc Kinley & others. 244 Novr. 3. 1852. William L. Ewing, & others. vs. William Mc Kinley & others. 251 Novr. 3. 1852. Ezekiel B. Kimball. vs. William Mc Kinley & others. 245 Novr. 3. 1852. Benjamin H. Campbell. vs. William Mc Kinley & others. 249 Novr. 3. 1852. Nathaniel Philips. vs. William Mc Kinley & others. 253 Novr. 3. 1852. John Leach & others. vs. William Mc Kinley & others. 250 Novr. 3. 1852. Russell Scarrett & others. vs. William Mc Kinley & others. 252 Novr. 3. 1852. William M. Marrison & others. vs. William Mc Kinley & others. 254 Novr. 3. 1852.**
Judgment.
Now at this day come the parties in each of the aforesaid cases, by their respective Attorneys, and consent and agree that the order of Reference made in each of said cases be and the same is hereby rescended, and further consent and agree that the Court may render judgment in each of said cases, in favor of said plaintiffs and against said defendants for the sum of One cent damages, and in favor of said defendants and against said [defendant ?] plaintiffs for the costs by them respectively incurred. It is therefore considered and adjudged by the Court, that said plaintiffs, respectively, recover of said defendants, respectively, the damages aforesaid, in form aforesaid as agreed, and have thereof Execution, and that said defendants, respectively, recover of said plaintiffs, respectively, their costs and charges in this behalf expended, as aforesaid agreed, and have thereof Execution. The Plaintiffs aforesaid by their respective Attorneys, acknowledge to have received full and entire satisfaction of their respective Judgments above rendered.
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**Viewer Page 103** (rcdbook1855_25_0102.jpg)
> Handwritten Page Number on Record Book: 95
**April Term 1855. Wednesday June 27th 1855.**
The Court met pursuant to adjournment, Present as before.
**William Patrick, William Morrisson, Greenville E. Warner, & James Patrick. Plaintiffs. vs. Simon Abeles. Defendants.**
Change of Venue.
Argument filed, and by consent of parties, it is ordered by the Court, that the venue of this cause be transferred to the Saint Louis Land Court.
**Edward V. Bryan, et. al. Plaintiffs. vs. Edward St. Michel. Defendant.**
Motion for venire for special Jury, filed.
Sheriff's Deed. Turner Maddox, Esquire, Sheriff of St. Louis County, comes into Open Court, and acknowledges the execution by him as Sheriff as aforesaid, of a deed to Peter O'D. Byrne, of all the right, title, interest, claim, estate and property of Louis Robert and Mary his wife, Welson Robert, Charles Robert, Louis Robert 2nd, Nathan Allen, & Odelle his wife, Charles C. Whittelsey, unknown heirs of Joseph Beylle, and the unknown heirs of Joseph Swillingge, of, in and to Lot No. 11. containing Seventy one 33/100 acres. Lot No. 12, containing thirty three acres; Lot No. 13, containing Forty acres, Lot No. 22, containing Sixty three 41/100 acres, in the subdivision of the tract of Land described as follows, viz: A certain tract or parcel of Land situate in the county of St. Louis, State of Missouri, in Survey 1897, containing eleven hundred and eighty four acres, more or less, situated in Township forty three North of Range three East, bounded in the north east by land sold by Auguste Chinteau to Pyatt and Inks, and the north east boundary line of said survey, on the south east by the Maramec River, and in the south west by a line to be run from the north west boundary line of the survey to the Maramec, parallel to the said North east boundary, so as to include the quantity of eleven hundred and eighty four (1184) acres, said tract being also bounded west by lots one, seven and eight, of the subdivision of said survey in the Chouteau partition, and south by the Maramec River, sold by virtue and under authority of an order of sale made by the St. Louis Circuit Court in the tenth day of May Eighteen hundred and fifty five.
**Emilie Mc Donough. Plaintiff. vs. John Mc Donough. Defendant.**
Order of Publication.
It appearing to the satisfaction of the court, from the affidavit of said Plaintiff, that said defendant is a non-resident of the State of Missouri. It is on motion of said plaintiff by her Attorney, ordered by the Court, that, said defendant be notified by the publication according to law of this order, that said plaintiff has commenced suit against him in the St. Louis Circuit Court, the object of which is to obtain a divorce from the bonds of matrimony by her contracted with him, on the grounds of cruel and barborous treatment, and desertion, and that unless he be and appear at the next term of said Court, to be begun and held at the city of St. Louis, within and for the county of St. Louis, State of Missouri, on the fourth Monday in October next, and on or before the sixth day thereof answer the petition of said plaintiff the same will be taken against him as confessed.
**The State of Missouri to the use of Christian Pullis, & Thomas R. Pullis, partners trading under the style of T. R. Pullis, Plaintiff. vs. Selar Simons, Samuel H. Speilman, & Daniel H. Donovan, Administrator of William Flanagan, deceased. Defendants.**
Judgment.
Now at this day comes said plaintiff by her Attorney, and said defendant Selar Simons by his Attorney, and the said plaintiff dismisses this suit as to the said defendants Samuel H. Speilman & Daniel H. Donovan Admr. of William Flanagan decd., and the said plaintiff and the said defendant Sebar Simons, consent and agree that the Court may render judgment in favor of said plaintiff and against said defendant Simons for the sum of One Cent damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant Selar Simons the sum aforesaid in form aforesaid as agreed and also her costs and charges herein expended and have thereof Execution.
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**Viewer Page 104** (rcdbook1855_25_0103.jpg)
> Handwritten Page Number on Record Book: 96
**April Term 1855. Wednesday June 27th 1855.**
**Caswell T. Snead, et. al. Plaintiffs. vs. John Black, et. al. Defendants.**
Continued by consent at costs of Plaintiffs.
**St. Louis & Birmingham Iron Mining Company. Plaintiff. vs. Peter B. Garesche, administrator of William C. Rogers, Isaac Rosenfield, John Delafield & John A. Dolman. Defendants.**
Judgment.
Now at this day comes the plaintiff by her Attorney and also comes Peter B. Gareschi, Public Administrator, of St. Louis County, having charge of the Estate of William C. Rogers, and enters his appearance as party defendant, as such Administrator, and adopts the answer of D. B. Fremon heretofore filed herein, and also come the said defendants John Delafield Jr. & Isaac Rosenfield, and the said John A. Dolman though solemnly called comes not but makes default, and thereupon the plaintiff, with the concurrence of the defendants appearing at this time, [submits ?] waiving a Jury, submits the matter in controversy to the Court, and the Court having duly heard and considered the same, doth find for the plaintiff. It is therefore ordered adjudged and decreed, that the said Peter B. Gareschi, Administrator as aforesaid, deliver and pay over to the plaintiff the notes of the said Dolman, Delafield & Rosenfield, in the plaintiff's petition mentioned, to wit: One note for Five thousand dollars, executed by Dolman, Rosenfield & Delafield dated fourth August Eighteen hundred and fifty two, payable on demand to the order of William C. Rogers. One other note for the sum of Ten thousand dollars, executed by Dolman, Delafield & Rosenfield, dated fourth August Eighteen hundred and fifty two, payable six months after date to the order of William C. Rogers, with interest from date. Another note of same date for like amount, executed by same makers, payable to the same, at twelve months from date with interest from date. Another note same date, same amount, executed by same to same, at eighteen months date, with like interest from date. Another note, same date, same amount, by same to same, at twenty four months from date, with like interest. Another Note for Three hundred dollars, dated August Ten Eighteen hundred and fifty two, by Rosefield & Delafield to William C. Rogers, payable on realising of dividends of St. Louis & Bermingham Iron Mining Company: That the said plaintiff take nothing by her said suit as against the said Delafield & Rosenfield, and Dolman, but that the said defendants Delafield, Rosenfield & Dolman, go thereof without day and recover against the said plaintiff their costs and charges in this behalf expended, and have thereof Execution: and that the said plaintiff recover of the said Peter B. Garesche, Administrator of said William C. Rogers, the sum of Eleven hundred and seventy three dollars and thirty three and one third cents, together with her costs and charges in this behalf expended. Finding of the Court filed. It is further ordered by the Court that the Order of Injunction heretofore granted herein be made perpetual.
**Nancy Link, and Benjamin T. Link, her husband, Plaintiffs. vs. Francis B. Edmondson, Robert H. Edmondson, Lucinda R. Edmondson, Benjamin Edmondson, Mary Edmondson, Elizabeth A. Edmondson, Charles H. Edmondson, & Volney C. Musick Executor of Benjamin B. Edmondson, deceased, Miron Leslie, Lewis P. Payne & Thomas J. Thompson. Defendants.**
Judgment.
Now at this day come again the parties aforesaid by their respective Attorneys, and the Jury sworn and empannelled herein also come, and the Jurors aforesaid upon their oaths aforesaid find that the one third of the annual value of the land in which said Nancy Link is entitled to a life estate of one third thereof as dower is the sum of Two hundred dollars to the present time, and hereafter the yearly sum of Two hundred and fifty dollars, and that the said plaintiffs have sustained damage from the death of her husband, by the detention of her dower down to the present time in the sum of One hundred dollars. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sums aforesaid in form aforesaid as by the Jury found, and also their costs and charges herein expended and have thereof Execution.
**John P. Cowing, Henry W. Seymour, & John A. Ramsey. Plaintiffs. vs. Leverett Hastings and Lyman Mower, Defendants.**
Judgment.
Now at this day come said plaintiffs by their Attorney, and said defendant Lyman Mower, by his attorney, but the said defendant Leverett Hastings, although duly summoned and called, comes not but makes default, Wherefore on motion of said plaintiffs by their Attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant Hastings, as confessed, and the plaintiff waiving a Jury submits this cause to the Court upon the pleadings and proofs as to the said defendant Hastings, and the Court having duly heard and considered the same, doth find from such proofs that said defendant Hastings is indebted to said plaintiffs in the sum of Seven hundred and seventeen dollars and forty eight cents, and the said plaintiffs dismiss their Attachment in this cause, and the said plaintiffs and the said defendant Lyman Mower, consent and agree that the Court may render judgment in in favor of said plaintiffs and against said defendant Mower for the sum of Seven hundred and seventeen dollars and forty eight cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and agreed and also their costs and charges herein expended and have thereof Execution.
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**Viewer Page 105** (rcdbook1855_25_0104.jpg)
> Handwritten Page Number on Record Book: 97
**April Term 1855. Wednesday June 27. 1855.**
**North Missouri Rail Road, Plaintiff. vs. Leverette Mills, et. al. Defendants.**
Report of Commissioners filed.
**North Missouri Rail Road, Plaintiff. vs. John J. Schroeder. Defendant.**
Report of Commissioners filed.
**Thomas Y. Brent. Plaintiff. vs. Maurice Langhorne, et. al. Defendants.**
Agreement of defendant's counsel filed, and motion by Brent & Marshall for Order &c, filed, and the Court having duly heard and considered the same, doth by Agreement of defendant's counsel this day filed, Order that said motion be sustained, and that Execution do now issue against John M. Wimer for the sum of Eighteen hundred and sixty eight dollars and fifty nine cents, the amount of the Judgment rendered herein on the sixteenth day of February last past, in favor of said plaintiff Brent, and said defendant Charles E. Marshall, and against said John M Wimer.
**Sanguinette H. Benirst, et. al. Plaintiffs. vs. Lamar E. Suber, Defendants.**
Agreement of Counsel filed.
**Bernard A. Pratte, Plaintiff. vs. Warren Hollister, Defendant.**
Non Suit.
Now at this day this cause being called for trial, and no one appearing to prosecute the same. It is ordered by the Court that said plaintiff be non-suited and that he take nothing by his said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof Execution.
**Silas Andrews, and William Andrews. Plaintiffs. vs. James F. Adams. Defendant.**
Non Suit.
Now at this day this cause being called for trial, and no one appearing to prosecute the same. It is ordered by the Court that said plaintiffs be non-suited and that he take nothing by his said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiffs his costs and charges herein expended and have thereof Execution.
**Ezeriah S. Burrill, Plaintiff. vs. William C. Jewett's Exr. Defendant.**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, to wit: Robert H. Ross, John Gordfellow, George Alvarez, G. W. Gossnell, Richard Burdon, David Black, Paul Dejerle, Charles Primm, William Philips, Joseph R. Huff, John Inman, and John Graham, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined herein, the trial of this cause progressed, but not being concluded at the hour of adjournment, the same is laid over until to-morrow morning.
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**Viewer Page 106** (rcdbook1855_25_0105.jpg)
> Handwritten Page Number on Record Book: 98
**April Term 1855. Thursday June 28. 1855.**
The Court met pursuant to adjournment, Present as before.
Sheriff's Deed. Turner Maddox, Esquire, Sheriff of St. Louis County, comes into open Court and acknowledges the execution by him as Sheriff as aforesaid, of a deed to William T. Christy & Robert K. Woods, of all the right, title, interest, claim, estate and property of Louis Robert and Mary his wife, Nelson Robert, Charles Robert, Louis Robert 2d, Nathan Allen and Odille his wife, Charles C. Whittelsey, the unknown heirs of Joseph Beylle, and the unknown heirs of Joseph Sevilligge, of, in and to Lot No. Two, containing Forty two 50/100 acres, Lot No. Three, containing Forty acres, Lot No. Twenty six, containing Nineteen 93/100 acres, Lot No. Twenty seven, containing Forty two 26/100 acres, and Lot No. Twenty nine containing Fifty one 58/100 acres, in the subdivision of the tract of land described as follows, viz: a certain tract or parcel of land situate in the County of St. Louis, State of Missouri, in Survey 1807, containing Eleven hundred and eighty four acres, more or less, situated in Township forty three, North of Range, three East, bounded on the north east by land sold by Auguste Chouteau to Pyatt and Inks, and the north east boundary line of said survey, on the south east by the Maramec River, and on the south west by a line to be run from the northwest boundary line of the survey to the Maramec parallel to the said northeast boundary so as to include the quantity of Eleven hundred and eighty four acres (1184) said tract also bounded west by lots one, seven and eight of the subdivision of said survey in the Chouteau partition and South by the Maramec River. sold by virtue and under authority of an Order of Sale made by the St. Louis Circuit Court on the tenth day of May Eighteen hundred and fifty five.
Sheriff's Deed. Turner Maddox, Esquire, Sheriff of St. Louis County, comes into Open Court, and acknowledges the execution by him as Sheriff as aforesaid of a deed to Peter N. Ham, of all the right, title, interest, claim, estate and property of Louis Robert and Mary his wife, Nelson Robert, Charles Robert, Louis Robert 2d, Nathan Allen and Odelle his wife, Charles C. Whittelsey, the unknown heirs of Joseph Beylle, and the unknown heirs of Joseph Sevellinge, of, in and to Lot numbered Twenty eight, containing Forty one 25/100 acres, in the subdivision of the tract of land described as follows, viz: A certain tract or parcel of land situated in the County of St. Louis, State of Missouri, in survey 1897, containing Eleven hundred and eighty four acres, more or less, situate in Township forty three North of Range three East, bounded on the northeast by land sold by Auguste Chouteau to Pyatt & Inks, and the Northeast boundary line of said survey, on the southeast by the Maramec River, and on the southwest by a line to be run from the north west boundary line of the survey to the Maramec, parallel to the said Northeast boundary, so as to include the quantity of Eleven hundred and eighty four acres (1184) said tract being also bounded West by lots one, seven and eight of the subdivision of said survey in the Chouteau partition, and south by the Maramec River, sold by virtue and under authority of an order of sale made by the St. Louis Circuit Court on the tenth day of May Eighteen hundred and fifty five.
**Ezeriah S. Burrill. Plaintiff vs. Wiley J. Stratton, Executor of William C. Jewett, deceased. Defendants.**
Judgment.
Now at this day come again the parties aforesaid by their respective Attorneys, and the Jury sworn and empannelled herein also come, and thereupon the trial of this cause progressed, and being finished, the Jurors aforesaid upon their oaths aforesaid, find the issues herein joined in favor of the plaintiff and assess his damages at the sum of Seven hundred and eighty nine dollars and eight cents. It is therefore considered and adjudged by the court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended.
**Adam Jacobs, and John N. Snowden. Plaintiffs. vs. The Steam Boat Tobacco Plant. Defendant.**
Non Suit.
Now at this day come said plaintiffs by their Attorney, and say they will not further prosecute their said suit in this behalf, but voluntarity take a Non-suit. It is therefore considered and adjudged by the Court that said plaintiffs take nothing by their said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiffs its costs and charges herein expended and have thereof Execution.
**James Yond, et. al. Plaintiffs. vs. Peter Brooks' Admrs. Defendant.**
Now at this day come Maria F. Brooks, Administrative, and John Books, administrator, of said Peter Brooks, by their attorney, and enter their appearance as parties defendants herein, and by consent of parties this cause is continued until the next term of this Court.
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**Viewer Page 107** (rcdbook1855_25_0106.jpg)
> Handwritten Page Number on Record Book: 99
**April Term 1855. Thursday June 28. 1855.**
**St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. John L. Hardeman & others. Defendants.**
On motion of the Attorney for the Plaintiff the hearing of this cause is continued until the fifth of July next.
**St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. Ellen Fine & others. Defendants. St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. Elizabeth Bockwinkle & others. Defendants. St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. Margaret Theibe & others. Defendants. St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. William S. Harney & wife. Defendants. St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. James Clemens & others. Defendants. St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. Charles & Jane Chambers. Defendants.**
Petition presented in each of the foregoing cases, by the Attorney for the Plaintiff, and on his motion the hearing of the same is continued until the fifth of July next.
**Edward V. Bryan, et. al. Plaintiffs. vs. Edward St. Michel. Defendant.**
Application by Plaintiffs for a writ of Habeas Corpus ad testificandum, directed to Jailor of St. Louis County, to bring up Robert McO' Blenis as a Witness in this case, filed, and cause continued as on affidavit of defendant at his costs, on account of the absence of John B. Sarpy a witness for defendant.
**Thomas Page, et. al. Plaintiffs. vs. Tracy P. Turner. Defendant.**
Continued on affidavit this day filed, at costs of defendant.
**Hiram Shaw, Plaintiff. vs. Henry Stoddard, Defendant.**
Continued.
**William Wade et. al. Plaintiffs. vs. Eleazer J. Beard, et. al. Defendants.**
Continued by consent.
**Frederick Shelley. Plaintiff. vs. Augustin Easten, trustee of Judith E. Ballentine, et. al. Defendant.**
Now at this day comes the Attorney for the defendant, and suggests to the Court, that since the last continuance of this cause, said defendant has departed this life. Cause continued until next term.
**Charles F. Joy, surviving partner of William Stickney, deceased. Plaintiff. vs. Martin C. Corley. Defendant.**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon comes also a Jury, viz: Peter D. Barada, John Dougherty, J. A. Pratt, Co. A. Breadster, J. R. Griffith, S. C. Richards, George Sutherland, William Ottinger, T. F. Whitsett, A. J. Quick, Thos Hites, and John Adamson, twelve good and lawful men who being duly elected, tried and sworn, well and truly to try the issues joined herein, the trial of this cause progressed, but not being concluded at the hour of adjournment, the same is laid over until to-morrow morning.
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**Viewer Page 108** (rcdbook1855_25_0107.jpg)
> Handwritten Page Number on Record Book: 100
**April Term 1855. Friday June 29. 1855.**
The Court met pursuant to adjournment, Present as before.
Sheriff's Deed. Turner Maddox, Esquire, Sheriff of St. Louis County, comes into open Court, and acknowledges the execution by him, as Sheriff as aforesaid, of a deed to Anna Farrell, of all the right, title, interest, claim, estate and property of Louis Robert and Mary his wife, Nelson Robert, Charles Robert, Louis Robert 2nd, Nathan Allen and Odelle his wife, Charles C. Whittelsey, the unknown heirs of Joseph Beylle, and the unknown heirs of Joseph Sevillingge, of, in and to Lot numbered Nineteen, containing Sixty one 91/100 acres, in the subdivision of the Tract of Land, described as follows, viz: A certain tract or parcel of Land situated in the County of St. Louis, State of Missouri, in survey 1897, containing Eleven hundred and eighty four acres, more or less, situate in Township forty three North of Range three East, bounded on the northeast by land sold by Auguste Chouteau to Pyatt and Inks, and the northeast boundary line of said survey, on the southeast by the Maramec River & on the southwest by a line to be run from the north west boundary line of the survey to the Maramec parallel to the said Northeast boundary so as to include the quantity of Eleven hundred and eighty four (1184) acres, said tract being also bounded West by lots one, seven & eight of the subdivision of said survey in the Chouteau partition, and south by the Maramec River, sold by virtue and under Authority of an Order of Sale, made by the St. Louis Circuit Court on the tenth day of May Eighteen hundred and fifty five.
Sheriff's Deed. Turner Maddox, Esquire, Sheriff of St. Louis County, comes into Open Court, and acknowledges the execution by him, as Sheriff as aforesaid, of a deed to Sandford B. Kellogg, of all the right, title, interest, claim, estate and property of Louis Robert and Mary his wife, Nelson Robert, Charles Robert, Louis Robert 2d, Nathan Allen and Odille his wife, Charles C. Whittelsey, the unknown heirs of Joseph Beylle, and the unknown heirs of Joseph Sevellingge, of, in and to Lot No. Eight, containing Forty acres, in the subdivision of the tract of Land, described as follows, viz: A certain tract or parcel of land, situated in the County of St. Louis, State of Missouri, in Survey 1897, containing eleven hundred and eighty four acres, more or less, situate in Township forty three North, of Range three East, bounded on the North East by land sold by Auguste Chouteau to Pyatt and Inks, and the North east boundary line of said survey, on the south east by the Maramec River, and on the South West by a line to be run from the North West boundary line of the Survey to the Maramec, parallel to the said North east boundary, so as to include the quantity of Eleven hundred and eighty four acres (1184) said tract being also bounded West by lots one, seven and eight of the subdivision of said Survey in the Chouteau partition and South by the Maramec River, sold by Virtue and under authority of an Order of Sale, made by the St. Louis Circuit Court on the tenth day of May Eighteen hundred and fifty five.
Joseph Glahn, a Native of Germany, who applies to be 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 naturilization 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 fidility to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly to the King of Prussia of whom he is at present a subject, therefore the said Joseph Glahn is admitted a citizen of the United States of America.
**Benjamin F. Link & Wife. Plaintiffs. vs. Francis B. Edmondson, et. al. Defendants.**
Motion to set aside Verdict and grant a new trial, filed.
**Ezeriah S. Burrill, Plaintiff. vs. William C. Jewett's Exr. Defendant.**
Motion for new trial, filed.
**William W. Baker. Plaintiff. vs. Joseph S. Pease. Defendant.**
Bill of Exceptions, filed.
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**Viewer Page 109** (rcdbook1855_25_0108.jpg)
> Handwritten Page Number on Record Book: 101
**April Term 1855. Friday June 29. 1855.**
**Virginia Mc Donald, Plaintiff. vs. John Mc Donald, Defendant.**
Divorce, Decree.
Now at this day come the parties aforesaid by their respective Attorneys, and [waiving a Jury, ?] submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find the issues joined between [doth find from such proofs, that the ?] the parties aforesaid in favor of the plaintiff [plaintiff is an injured and innocent party. ?] It is therefore ordered, adjudged and decreed by the Court that said plaintiff be absolutely and forever divorced from the bonds of Matrimony by her contracted with said defendant, and be restered to all the rights and priviliges of an unmarried person, and recover of said defendant her costs and charges herein expended and have thereof Execution.
**Joshua B. Brant. Plaintiff. vs. Henry Cobb and Micajah Tarver. Defendants.**
Confession of Judgment.
Now at this day come said defendants and filed their statement in writing duly verified by affidavit, Whereby they confess themselves indebted to said plaintiff in the Sum of Seven hundred and thirteen dollars and ninety six cents, and consent that judgment may be rendered against them for said sum. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid confessed, and also his costs and charges herein expended and have thereof Execution.
**Louise Tayon, et. al. Plaintiffs. vs. James Hardman, et. al. Defendants.**
Bill of Exceptions filed.
**Frederick Shelley. Plaintiff. vs. Augustin Easton, Trustee of Judith E. Ballentine, et. al. Defendant.**
On Motion of the Plaintiff by his Attorney, leave is given him to Amend the Scire Facias herein, at any time during the present term.
**Frederick Shelley. Plaintiff. vs. Andrew Mc Michan, Defendants.**
On Motion of the Plaintiff by his Attorney, leave is given him to Amend the Scire Facias herein, at any time during the present term. and this cause is continued at the costs of the Plaintiff.
**Asa Vail Plaintiff. vs. Alfred Potts, et. al. Defendants.**
Now at this day comes the defendants by their Attorney, and withdraw their motion to strike out parts of plaintiffs last affidavit, and by consent of parties, plaintiff files an amended affidavit herein, and leave is given defendants to plead herein on or before the first day of the next term of this Court.
**Pierre Chouteau Jr, et. al. Plaintiffs. vs. James B. Harris & Seymour Harris. Defendants.**
Seperate Answers of defendants filed.
**Charles F. Joy, surviving partner of William Stickney & Co. Plaintiff. vs. Martin C. Cooley. Defendant.**
Now at this day come again the parties aforesaid by their respective Attorneys, and the Jury empannelled and sworn herein also come, and thereupon the trial of this cause progressed, and being finished, the Jury retire to consider of their Verdict.
**Edward Bredell, Angeline C. Bredell, Eliza M. Perry, Stephen T. Dunklin, Rachel E. Dunklin, John P. Mc Guire, Sarah Ann Perry, John Wiatt, Eliza M. Wiatt, Samuel N. Perry, Alfred Chadwick, William M. Small, William E. Browne, Joseph T. Browne, Robert H. Browne, and Samuel Pearshall.**
In Partition.
Now at this day come the said parties, by their attorney, & present to the Court their petition for the partition of the real estate therein described, and this cause is submitted to the Court upon said petition and proofs, and the Court doth ascertain and determine therefrom that the parties aforesaid are the owners, in the manner herein after set forth, of the said real estate, to wit: No. 1. Survey 2.270, in Township
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**Viewer Page 110** (rcdbook1855_25_0109.jpg)
> Handwritten Page Number on Record Book: 102
**April Term 1855. Friday June 29. 1855.**
30 North, of Range 11 East, situated the County of Cape Girardeau, and containing six hundred and forty acres: being the same confirmed to Francis Murphy, and acquired by John Perry from the heirs of William M. Perry, who acquired from Samuel Perry, who acquired from Francis Murphy. No. 2. The east half of the north east quarter of Section 29, in Township 38 North, of Range 4 east, situated in the County of Washington, and containing eighty acres. No. 3. The South half of the North east quarter of Section 36, in Township 38 North, of Range 1 West, situated in the County of Washington and containing eighty acres. No. 4. The South half of the southeast quarter of Section 19, in Township 38 North, of Range 5 East, situated in the County of St. Francois, and containing eighty acres. And the Court doth further ascertain and determine the respective interests of said parties, and their shares and proportions in said real estate as follows, to wit: First. In the tracts numbered 1, 2, & 4, the said Eliza M. Perry owns one undivided half, and the said Angeline C. Bredell, Rachel E. Dunklin, John P. Mc Guire, Sarah Ann Perry, Eliza M. Wiatt, Samuel N. Perry, Alfred Chadwick, and William M. Small, each, one undivided eighteenth; and the said William E Browne, Joseph T. Browne, and Robert H. Browne, each, one undivided fifty fourth. Second. In the tract numbered 3, the said Samuel Pearshall owns one undivided half, the said Eliza M. Perry one undivided fourth, and the said Angeline C. Bredell, Rachel E. Dunklin, John P. McGuire, Sarah Ann Perry, Eliza M. Wiatt, Samuel N. Perry, Alfred Chadwick, & William M. Small, each, one undivided thirty sixth; and the said William E. Browne, Joseph T. Browne, & Robert H. Browne, each, one undivided one hundred & eighth. And the Court doth order, adjudge, and decree that partition of said real estate be made among said parties, according to their respective rights and interests therein, as above ascertained and determined: and it appearing to the Court from the nature and amount of said property, and the number of the owners thereof, that partition thereof in kind cannot be made without great prejudice to said owners, it is ordered that said property be sold, as provided for and directed in the orders of sale following this judgment, and directed to the Sheriffs of the several counties in which said property is situated. And the Court doth appoint Charles D. Drake to be a Commissioner, to receive from the said Sheriffs the proceeds of the sales of said property, and to take all notes and deeds of trust given by the purchasers thereof at the sales so ordered, and that he report to the Court from time, to time his proceedings as such Commissioner.
**Edward Bredell, Angeline C. Bredell, Eliza M. Perry, Stephen T. Dunklin, Rachel E. Dunklin, John P. Mc Guire, Sarah Ann Perry, John Wiatt, Eliza M. Wiatt, Samuel N. Perry, Alfred Chadwick, William M. Small, William E. Poroune, Joseph T. Browne, Robert H. Browne, and Samuel Pearshall.**
In Partition. Order of Sale.
The Court having by its judgment heretofore entered on this day in this case, decreed partition of the real estate described in the petition herein filed, and ordered said real estate to be sold, the Court doth now, on motion of the parties, by their Attorney, order and adjudge that the Sheriff of the County of Cape Girardeau proceed to sell, as directed by law, all the right, title and interest of the parties to this suit of, in and to the following described tract of land, situated in said County of Cape Girardeau, to wit: No. 1. Survey 2. 270, in Township 30 North, of Range 11 east, situated in the County of Cape Girardeau, and containing six hundred and forty acres; being the same confirmed to Francis Murphy, and acquired by John Perry from the heirs of William M. Perry, who acquired from Samuel Perry, who acquired from Francis Murphy. And it is further ordered that said property be sold in the following terms, to wit: One third of the purchase Money to be paid in cash at the time of the sale, and the remainder in two equal payments at six and twelve Months thereafter, the deferred payments to bear interest at the rate of six per centum per annum, and to be secured by negotiable Notes and deed of trust on the property sold; and that said Sheriff report his proceedings therein to this Court according to law. And it is further ordered that said Sheriff immediately pay over to Charles D. Drake, a Commissioner appointed by this Court, all the Moneys paid into his hands on account of the sale of said property, after deducting and retaining his fees and commissions allowed by law; and that all notes executed for said deferred payments shall be made payable at the Bank of the State of Missouri, to the order of said Charles D. Drake, as such Commissioner.
**Edward Bredell, Angeline C. Bredell, Eliza M. Perry, Stephen T. Dunklin, Rachel E. Dunklin, John P. Mc Guire, Sarah Ann Perry, John Wiatt, Eliza M. Wiatt, Samuel N. Perry, Alfred Chadwick, William M. Small, William E. Browne, Joseph T. Browne, Robert H. Browne, and Samuel Pearshall.**
In Partition. Order of Sale.
The Court having by its judgment heretofore entered on this day in this cause, decreed partition of the real estate described in the petition herein filed, and ordered said real estate to be sold, the Court doth now, on motion of the parties, by their Attorney, order and adjudge that the Sheriff of the County of Washington proceed to sell, as directed by law, all the right, title and interest of the parties to this suit, of, in and to the following described tracts of land, situated in the County of Washington, to wit: No. 2. The east half of the North east quarter of Section 29, in Township 38 North, of Range 4 east, situated in the County of Washington, and containing eighty acres. No. 3. The south half of the North east quarter of Section 36, in Township 38 North, of Range 1 West, situated in the County of Washington and containing eighty acres. And it is further ordered that said property be sold in the following terms, to wit: One third of the purchase money to be paid
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**Viewer Page 111** (rcdbook1855_25_0110.jpg)
> Handwritten Page Number on Record Book: 103
**April Term 1855. Friday June 29. 1855.**
in cash at the time of the sale, and the remainder in two equal payments at six and twelve months thereafter, the deferred payments to bear interest at the rate of six per centum per annum, and to be secured by negotiable notes and deed of trust on the property sold; and that said sheriff report his proceedings therein to this Court according to law. And it is further ordered that said sheriff immediately pay over to Charles D. Drake, a Commissioner appointed by this Court, all the moneys paid into his hands on account of the sale of said property, after deducting and retaining his fees and commissions allowed by law; and that all notes executed for said deferred payments shall be made payable at the Bank of the State of Missouri to the order of said Charles D. Drake, as such Commissioner.
**Edward Bredell, Angeline C. Bredell, Eliza M. Perry, Stephen T. Dunklin, Rachel E. Dunklin, John P. Mc Guire, Sarah Ann Perry, John Wiatt, Eliza M. Wiatt, Samuel N. Perry, Alfred Chadwick, William M. Small, William E. Browne, Joseph J. Browne, Robert H. Browne and Samuel Pearshall.**
In Partition. Order of Sale.
The Court having by its judgment heretofore entered on this day in this cause, decreed partition of the real estate described in the petition herein filed, and ordered said real estate to be sold, the Court doth now, on motion of the parties, by their attorney, order and adjudge that the Sheriff of the County of St. Francois proceed to sell, as directed by law, all the right, title and interest of the parties to this suit, of, in and to the following described tract of land, situated in said County of St. Francois, to wit: No. 4. The south half of the southeast quarter of Section 19, in Township 38 North, of Range 5 east, situated in the County of St. Francois, and containing Eighty acres. And it is further ordered that said property be sold on the following terms, to wit: One third of the purchase money to be paid in cash at the time of the sale, and the remainder in two equal payments at six and twelve months thereafter, the deferred payments to bear interest at the rate of six per centum per annum, and to be secured by negotiable notes and deed of trust on the property sold, and that said sheriff report his proceedings therein to this Court according to law. And it is further ordered that said sheriff immediately pay over to Charles D. Drake a Commissioner appointed by this Court, all the moneys paid into his hands on account of the sale of said property, after deducting and retaining his fees and commissions allowed by law; and that all notes executed for said deferred payments shall be made payable at the Bank of the State of Missouri to the order of said Charles D. Drake as such Commissioner.
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**Viewer Page 112** (rcdbook1855_25_0111.jpg)
> Handwritten Page Number on Record Book: 104
**April Term 1855. June 30, 1855.**
The Court met pursuant to adjournment, Present as before.
**Caleb W. Baldwin, Plaintiff. vs. Philip G. Ferguson &c. Defendants.**
Amended Petition filed.
**Richard B. Dallam, Plaintiff. vs. William Renshaw, Jr. &c. Defendants.**
On motion of the defendants by their attorney, it is ordered by the Court, that, a Dedimus issue herein in the part of said defendants to the State of Tennessee.
**Eliza M. Perry & others. Plaintiffs. vs. Mason Frissell & others. Defendants.**
In Partition.
It appearing to the Court that the order of sale hereinbefore made on the twenty third day of December, Eighteen hundred and fifty four, and directed to the Sheriff of the County of Washington, has not been executed, it is, on motion of plaintiffs by their attorney, ordered that the same be renewed, as so made, except that the last deferred payment on the property sold shall be at twelve months from the day of sale, instead of eighteen months as therein set forth.
**John Marren. Plaintiff. vs. James J. McBride, and McBride, his wife. Defendants.**
Dismissal.
The plaintiff having failed to file a bond with security, for costs, as ordered at the last term of this court, it is now ordered by the Court that this suit be dismissed at the costs of said plaintiff and that Execution issue therefor.
**Alexander Baily. Plaintiff. vs. Joseph Mogridge, &c. Defendants.**
Proof of Publication filed.
**James T. Severingen & wife. Plaintiffs. vs. Howard F. Christy, & others. Defendants.**
Order of Publication.
It appearing to the satisfaction of the Court from the affidavit of said plaintiffs, that Susan Preston Christy, devisee and widow of said Howard F. Christy, now deceased, is not a resident of the State of Missouri, it is, on motion of said plaintiffs by their attorney, ordered by the Court, that said Susan Preston Christy, be notified by the publication according to law of this order, that she be and appear at the next term of this Court to be begun and held at the City of St. Louis within and for the County of St. Louis on the fourth Monday in October next, and or before the sixth day thereof show cause if any she can, why the judgment heretofore rendered in this cause should not be held good and binding upon her as said devisee and widow.
**Yeatman, Robinson, & Co. Plaintiffs. vs. Lockwood, Voorhies, & Co. Garnishees of Metropolitan Insurance Company. Defendants.**
Now at this day come ths said Garnishees by their Attorney, and enter their appearance, in writing, as parties defendants herein.
**Asa Vail. Plaintiff. vs. Alfred Potts, et. al. Defendants.**
On Motion of the plaintiff by his Attorney, it is ordered by the Court that a dedimus issue herein on the part of said plaintiff to the State of Illinois.
**Louis Robert, et. al. Plaintiffs. vs. The unknown heirs of Joseph Beylle, et. al. Defendants.**
The Court doth allow Charles C. Whittelsey, Esquire, the sum of Two hundred and twenty five dollars, as his reasonable Attorneys fee, to be taxed with the costs in this cause. And the Court doth order the Sheriff to pay the proceeds of sale in accordance with the Judgment of partition, the share of defendants by consent of parties to be paid to Henry Chouteau their agent and his receipt to be taken therefor.
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**Viewer Page 113** (rcdbook1855_25_0112.jpg)
> Handwritten Page Number on Record Book: 105
**April Term 1855. Saturday June 30. 1855.**
**Thornton Kinney (of Color) Plaintiff. vs. John T. Hatcher &c. Defendants.**
The Court doth order that said plaintiff, do, on or before the first day of the next term of this Court, file a bond, in accordance with the terms of the order allowing him to seye [with security ?] for the costs accruing in this cause, and this cause is continued as on affidavit at the costs of said plaintiff.
**Charles F. Joy, surviving partner of William Stickney, deceased. Plaintiff. vs. Martin C. Cooley. Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and the Jury empannelled and sworn herein also come, and the Plaintiff files a Bill of Exceptions, and the Jurors aforesaid upon their oaths aforesaid find the issues herein joined in favor of the defendant. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof Execution.
**Thomas S. Margan & William H. Reed. vs. James N. Stephenson & Leopold W. Stephenson.**
Now at this day come said plaintiffs by their Attorney and acknowledge to have received full and entire satisfaction of the Judgment rendered herein.
**Carson & Brooks. vs. Steam Boat "Elephant."**
On Motion of the plaintiffs by their Attorney, the Court doth rescind its approval of the Bond filed by defendant for her release herein.
**North Missouri Rail Road. Plaintiff. vs. Leverett Mills &c. Defendants.**
Motion, to set aside Report of Commissioners, filed.
**Andrew Middleton & Philip D. Gordon. Plaintiffs. vs. J. Y. Black. & J. W. Frakes. Defendants.**
Dismissal.
On Motion of said plaintiffs, and by consent of parties, it is ordered by the Court, that this cause be dismissed, and that the costs of this proceeding be paid by each party, respectively.
**Andrew Middleton & Philip D. Gordon. Plaintiffs. vs. J. Y. Black & J. W. Frakes. Defendants.**
Dismissal.
On Motion of said plaintiffs, and by consent of parties, it is ordered by the Court, that this cause be dismissed, and that the costs of this proceeding be paid by each party, respectively.
**John Maguire. Plaintiff. vs. William Thomas, Garnishee of H. C. Brown. Defendant.**
Answer filed.
**The North Missouri Rail Road Company. Plaintiff. vs. Walter B. Morris. Defendant.**
Now at this day comes the said Plaintiff by its Attorney, and the said defendant in proper person, and both parties openly consenting hereunto. It is ordered by the Court that the plaintiff have leave to amend its petition by erasure and interlining in manner following, to wit: 1. Strike out the words "One hundred" in the third line below the tabular statement in said petition, and in lieu thereof insert the words "from one hundred to two hundred''. 2. Add after the words "will pass" in the sixth line from the beginning of said petition the words "and which are necessary and required in the construction of said Rail Road for the purpose of passing hills and valleys". It is further ordered that said defendant have leave to amend by interlining his objections to the report of the commissioners filed herein in manner following: Add at the end of said objections as follows: "The said calculation of the area of land is incorrect, because in the estimate, the road beds of two public roads, or lands so declared, have been excluded, which, in the aggregate amounts to eighty six thousandths of an acre, which, at the rate of Eighty dollars per acre will make #6.88, which said amount added to #1030.50 will amount to 1037.38," which said ammendments were accordingly made. Motion for Judgment according to Commissioners Report filed.
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**Viewer Page 114** (rcdbook1855_25_0113.jpg)
> Handwritten Page Number on Record Book: 106
**April Term 1855. Monday July 2d 1855.**
The Court met pursuant to adjournment, Present as before.
**Jane Casey, et. al. Plaintiffs. vs. Louis Wynklemier &c. Defendants.**
Affidavits filed.
**Lafronie J. Chauvin, Philip M. House, & Julia his wife, Moses Stout & Eulalie his wife, Edward C. White, & Euphranie his wife, Louisa Moore, Levi Maffett, & Antonette his wife. Plaintiffs. vs. Wilson Worthington, George Worthington, William Stevens, Seth I. Mead, & Louisa his wife, Joseph Chauvin, Euphranie Chauvin, & Mary Louise Worthington. Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and neither party requiring a Jury, all and singular the matters in controversy are by them submitted to the Court, upon the pleadings, exhibits and proofs, and the Court having duly heard and considered the same, and being thereof fully advised; It is therefore ordered and adjudged that the instrument of writing purporting to be the last will and testament of Marie Louise Chauvin, dated 25th day of March A. D. Eighteen hundred and fifty one, and attested by C. V. LeBeau and A. J. Dusenberry, be taken, received and regarded as the last will and testament of the said Marie Louise Chauvin, and that the same be admitted to probate as such, by the Probate Court of Saint Louis County: And it is further ordered that the plaintiffs recover of the defendants their costs and charges in this behalf expended and have thereof Execution. Finding of the Court filed.
**John Tevis, Assignee &c. Plaintiffs. vs. Chastain C. Saunder's Admr. Defendant.**
Now at this day comes said Plaintiff by his Attorney, and withdraws his "Motion for trial by the Court" filed herein.
**Farmer's & Merchants Bank of Memphis. Plaintiff. vs. Kennedy Lonergan's Administratrix. Defendant.**
By consent, and on motion of both parties by their respective Attorneys, the Court grants leave to plaintiff and defendant to retake the depositions of any witnesses, heretofore taken in this cause on either side.
**John Maguire. Plaintiff vs. William Thomas, Garnishee of H. C. Brown. Defendant.**
On Motion of the Plaintiff by his Attorney leave is given him to file denial to defendants answer herein on or before the first day of the Next term of this Court.
**Charles F. Joy. Plaintiff. vs. Martin C. Cooley. Defendant.**
Motion for new trial filed.
**Joseph E.Elder. Plaintiff. vs. Turner Maddox. Defendant.**
The Court having duly heard and considered the Motion to quash writ and to set aside order of delivery, and being fully advised of and concerning the premises, doth order that said Motion be overruled. ten days given defendant to file answer herein.
**In the Matter of the assignment of of Thomas Mc Grade.**
Continued at costs of George B. Michael, Assignee, in affidavit this day filed.
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**Viewer Page 115** (rcdbook1855_25_0114.jpg)
> Handwritten Page Number on Record Book: 107
**April Term 1855. Monday July 2d 1855.**
**Augusten Denegre. Plaintiff. vs. David N. Hall's Executor. Defendant.**
On Motion of William J. Hammond, Clerk of this Court, it is ordered by the Court that said plaintiff do on or before the first day of the next term of this Court, file a bond with security, for the costs herein, and that unless he do the same, this suit shall stand dismissed.
**Joseph Collott Plaintiff. vs. Angelique Gobeil's Admr. Defendant.**
On Motion of William J. Hammond, Clerk of this Court, it is ordered by the Court that said plaintiff do on or before the first day of the Next term of this Court, file a bond with security, for the costs herein, and that unless he do the same, this suit shall stand dismissed.
**Nancy Link & Benjamin T. Link, her husband. Plaintiff. vs. Francis B. Edmondson, et. al. Defendants.**
The Court having duly heard and considered the Motion for a new trial herein, and being fully advised of and concerning the premises, doth order that said Motion be sustained, and that a new trial hereof be had at the next term of this court.
**Orson Tousley, et. al. Plaintiffs. vs. Francis Salar, et. al. Defendants.**
The Court having duly heard and considered the Demurrer of the defendants to the Petition of the plaintiffs herein, and being fully advised of and concerning the premises, doth order that said demurrer be sustained as to the last specification therein, and overruled as to the remainder. Leave given plaintiffs to file amended Petition at any time during the present term of this Court.
**Charles G. Crauston. Plaintiff. vs. Ferdinand Stange, et. al. Defendants.**
The Court having duly heard and considered the Demurrer of the defendants to the petition of the plaintiff herein, and being fully advised of and concerning the premises, doth order that said demurrer be sustained as to the fourth specification therein, and overruled as to the remainder. Leave given plaintiff to file amended Petition at any time during the present term of this Court.
**George D. Little, et. al. Plaintiffs. vs. Joseph A. Eddy, et. al. Defendants.**
After due notice given, and arguments of counsel, it is now upon motion of defendants ordered by the Court that plaintiffs on or before the sixteenth day of July Eighteen hundred and fifty five, at the office of Knox & Kellogg in the city of St. Louis do produce and submit to the inspection and examination of the defendants the following Books and papers, in the possession of or under the control of plaintiffs as defendants allege, and which is not denied, to wit: The Books of original entries containing all the entries and charges of goods sold and delivered by said plaintiffs to Nelson Chamblin during the years 1853, 1854, & 1855. The Books of original entries containing all the entries and credits of Moneys, Notes and other things received by said Plaintiffs from said Chamblin during said years. The Books of original entries containing the entries or invoices of all the goods furnished by said plaintiffs to said Chamblin as agent to be sold during said years. An agreement or writing entered into between said Chamblin and Plaintiffs on or about the 13th day of August 1854 and signed by said Chamblin relating to a stock of good then in the possession of said Chamblin. The original inventory of the stock of goods then in the possession of said Chamblin, to wit: August 1854. The original invoice of the stock of goods taken by said plaintiffs from the possession of said Chamblin on or about the 7th day of March 1855. It is further ordered that said plaintiffs do furnish copies, or permit defendants to make copies of all, or so much of said Books and papers as in the opinion of defendants may be material to the defence of said cause.
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**Viewer Page 116** (rcdbook1855_25_0115.jpg)
> Handwritten Page Number on Record Book: 108
**April Term 1855. Thursday July 5th 1855.**
The Court met pursuant to adjournment, Present as before.
**Ezeriah S. Burrill. Plaintiff. vs. William C. Jewett's Exr. Defendant.**
The Court having duly heard and considered the motion of the defendant for a new trial herein, and being fully advised of and concerning the premises, doth order that said Motion be overruled.
**Jane Casey, et. al. Plaintiffs. vs. Louis Wynklemier, et. al. Defendants.**
The Court having duly heard and considered the motion of said defendants for a new trial herein, and being fully advised of and concerning the premises, doth order that said Motion be sustained, and that a new trial hereof be had at the next term of this court. It is further ordered by the court that said defendants the costs of the proceedings herein at the present term of this court and that Execution issue therefor.
Sheriff's Deed. Turner Maddox, Esquire, Sheriff of St. Louis County, comes into Open Court, and acknowledges the execution by him as Sheriff as aforesaid, of a deed to Charles A. Mantz, of all the right, title, interest, claim, estate and property of Louis Robert and Mary his wife, Nelson Robert, Charles Robert, Louis Robert 2nd, Nathan Allen and Odelle his wife, Charles C. Whittelsey, the unknown heirs of Joseph Boylle, and the unknown heirs of Joseph Sevillingge, of, in and to Lot numbered twenty three, containing Thirty nine 32/100 acres, in the subdivision of the tract of land described as follows, viz: A certain tract or parcel of land situated in the County of St. Louis, State of Missouri, in Survey 1897 containing eleven hundred and eighty four acres more or less, situate in Township Forty three North of Range three East, bounded on the northeast by land sold by Auguste Chouteau to Pyatt and Inks, and the northeast boundary line of said survey, on the southeast by the Maramec River, and on the south west by a line to be run from the northwest boundary line of the survey to the Maramec parallel to the said northeast boundary so as to include the quantity of Eleven hundred and eighty four acres (1184) said tract being also bounded west by lots one, seven and eight of the subdivision of said survey in the Chouteau partition, and south by the Maramec River. sold by virtue and under authority of an order of sale made by the St. Louis Circuit Court on the tenth day of May Eighteen hundred and fifty five.
**In the matter of the assignment of Thomas Mc Grade.**
An order having been made on the twenty third day of May last past, on the complaint of certain creditors of the said Thomas Mc Grade, whereby George B. Michael assignee of the said Thomas Mc Grade was required to appear before this Court at the person term thereof, to exhibit his accounts of the said trust; and the said assignee having appeared accordingly and filed his account accompanied by his answer to the said complaint, upon which answer issues have been made, and to which account so filed exceptions have been taken by the said creditors; and it appearing from the account so filed by the said assignee that there is now in his hands of the funds of the said trust, after all credits as claimed by him shall have been allowed, the sum of Eight thousand and twenty nine dollars and forty one cents, being less tha the amount which the preferred creditors of the second class under the said assignment are entitled to receive, (the first class of preferred creditors having already been fully paid and satisfied by the said assignee.) Now, to the end that the said money so acknowledged by the said assignee to be in his hands may either be distributed without further delay, or be made productive by being put out at interest, as to the Court shall seen just and proper upon a final hearing of the matter, so much of the motion of the said creditors as requires the said assignee to pay the said money into Court is sustained, and the Court doth accordingly order said assignee on or before the seventh instant by ten o'clock a.m. to pay the said sum of Eight thousand and twenty nine dollars and forty one cents into Court, to abide the order of the Court, and on motion of the said assignee, the exceptions to his accounts are continued to the next term of Court, at his cots. Bill of Exceptions of George B. Michael assignee, filed.
**Robert G. Underwood, and John Douglas, Plaintiffs. vs. John Mc Mahen. Defendant.**
Dismissal.
On Motion of the plaintiffs by their attorney, it is ordered by the Court, that this cause dismissed at the costs of said plaintiffs, and that Execution issue therefor.
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**Viewer Page 117** (rcdbook1855_25_0116.jpg)
> Handwritten Page Number on Record Book: 109
**April Term 1855. Thursday July 5. 1855.**
**Warren Reed. Plaintiff. vs. Frederick R. Conway. Defendant.**
Bill of Exceptions filed.
**Charles G. Crauston. Plaintiff. vs. Ferdinand Strange, et. al. Defendants.**
Demurrer to amended Petition filed.
**Louise Tayon, et. al. Plaintiffs. vs. James Hardman, et. al. Defendants.**
On Motion of the defendants by their attorney, it is ordered by the Court, that the following entry be made, nunc pro tunc, as of date June twenty third Eighteen hundred and fifty one, viz: "Now at this day comes Daniel D. Page, by his Attorney, and enters his appearance, as Landlord, as a party defendant herein."
**Louise Tayon, et. al. Plaintiffs. vs. James Hardman, et. al. Defendants.**
On Motion of the defendants by their Attorney, an appeal is granted them from the Judgment herein, to the Supreme Court, whereupon said defendants file a bond in the sum of Five hundred dollars, with A. H. Evans as principal and P. N. Ham, as security conditioned according to law, for such appeal, which said bond is acknowledged by the obligers and approved by the Court.
**John Riggin. Plaintiff. vs. Andrew J. Coons, & Francis T. Mann. Defendants.**
Order of Publication.
It appearing to the satisfaction of the Court from the affidavit of the plaintiff, that said defendant Francis T. Mann is a non resident of the State of Missouri and cannot be served with process, it is therefore, on Motion of said plaintiff by his Attorney, ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against him in the St. Louis Circuit Court, the object of which is to recover judgment for the balance due upon a note made by Samuel H. Spilman to Andrew J. Coons on the 29th day of January A.D. 1849. and by said Coons assigned to him said Francis T. Mann, and by him said Francis T. Mann assigned to plaintiff: and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis, on the fourth Monday in October next, and on or before the third day thereof answer to the petition of said plaintiff, the same will be taken against him as confessed.
**Henry Boernstien &c. Plaintiffs. vs. Simon Eimer. Defendant.**
Now at this day comes said defendant by his Attorney, and enters his appearance as party defendant herein. Interplea of Lorenzo Brown, Andrew Krug & Ferdinand Braun withdrawn by their Attorney. Motion to quash attachment filed.
**William A. Robinson. Plaintiff. vs. Robert Stevens. Defendant.**
This cause not being triable at the present term of this Court, the Motion of Plaintiff to strike out portions of the answer herein, is continued until the next term of this Court, and leave is given defendant in the meantime to file an amended answer herein.
**Joseph Weil, et. al. Plaintiffs. vs. Edward R. Bayer, &c. Garnishees of Frederick E. Bayer. Defendants.**
The Court having duly heard and considered the motion for allowance for answering as Garnishees, and being fully advised of and concerning the premises, doth order that said motion be overruled.
**Reuben Beardslee. Plaintiff. vs. Turner Maddox. Defendant.**
The Court having duly heard and considered the Demurrer of said defendant to the Petition of plaintiff, and being fully advised of and concerning the premises, doth order that said demurrer be sustained as to the first specification therein, and overruled as to the remainder. Leave given Plaintiff to file an amended Petition herein on or before the first day of the next term of this Court.
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**Viewer Page 118** (rcdbook1855_25_0117.jpg)
> Handwritten Page Number on Record Book: 110
**April Term 1855. Thursday July 5. 1855.**
**St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. Elizabeth Bockwinkle, & Hermann Lindeman. Defendants.**
Now at this day comes said plaintiff by its attorney, and by leave of Court first had, amends its Petition herein, by inserting the name "Elizabeth Bockwinkle" before the words "is a Minor."
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. Elizabeth Bockwinkle and Hermann Lindeman. Defendants.**
This day comes the plaintiff by its attorney of record, and defendants come not, and it appearing to the Court, that plaintiff has presented its petition, after due notice to defendants, said petition showing that defendants are owners of or have an interest in land in said County, over which the rail road of said plaintiff has been located, and that said land is the following, to wit: The west half of Block number four in survey number three of the City of Carondelet in said County of Saint Louis: bounded north by Steins street, south by Schirmer street, west by Jackson street, and east by the eastern half of said blocks, and the road way of said road is so laid as to cross said tract obliquely from its western to its southern border; entering said tract on the western line at station two hundred and forty eight and seventy two hundredths of the centre line of said roadway, and leaving it at station two hundred and fifty one and forty hundredths of said centre line of said roadway; and said roadway covers so much of said tract as is included between the western and southern boundaries of said tract, and two lines, one twenty five feet distant from and parallel to said centre line on the south west, and the other twenty five feet distant from and parallel to said centre line, on the north east- all as said roadway is laid out in the plat and certificate filed according to law by said plaintiff in the Clerk's Office of Saint Louis County; that the land last described is required for the purpose of constructing and operating said road, and for a roadway; that plaintiff is unable to acquire title to said land because said defendant Elizabeth Bockwinkle is a minor, and praying the Court to appoint Commissioners of appraisal to ascertain and appraise the compensation, if any, to be made to the owner or person interested in the real estate proposed to be taken as aforesaid, and otherwise proceed according to law; and it appearing to the Court that due notice has been given defendants, the Court upon due consideration orders and appoints Charles R. Dickson, Sullivan Blood, James G. Barry, William Milburn and John Maguire, five disinterested and competent persons who reside in this county, and directs them to appraise and ascertain the compensation to be made, if any, to the owners or persons interested in said real estate. It is further ordered that said Commissioners before proceeding under this order, take an oath before some competent officer, faithfully and impartially to discharge the duties imposed upon them as such commissioners, and that they meet at plaintiff's Office in the City of Saint Louis on the twelfth day of July 1855 at nine o'clock A. M. and that they make report of their proceedings, accompanied by a plat of the land herein described, to this Court, with all convenient dispatch.
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. Melson Fine, Harriet Fine, Mary E. Fine, Flavius J. Fine, and Theodosia Fine, by their guardian, Sebastian Sappington; and also Ellen Fine. Defendants.**
This day comes the plaintiff by its attorney of record, and defendants come not, and it appearing to the Court, that plaintiff has presented its petition, after due notice to defendants, said petition showing that defendants are owners of or have an interest in land in said County, over which the rail road of said plaintiff has been located, and that said land is the following, to wit: A tract of land in the south eastern part of said Saint Louis County, bounded on the east by the Mississippi River, on the south by land of Bryan Mullanphy's Estate, seperating it from the Maramec River, on the north by land of George Kart's heirs, and on the west by land of owners unknown. and the roadway of said [rail ?] road is so laid down as to cover the portion of said tract between the centre line of said roadway (as laid down on the plat and certificate filed according to law by said plaintiff in the Clerk's office of Saint Louis County,) and the Mississippi River, and between station number eight hundred and twenty four & fifty hundredths, and station number eight hundred and forty five and fifty hundredths, of said centre line; and also a portion of said tract, on the right or western side of said centre line, of a width of seventy five feet, from station eight hundred and twenty hundred and twenty four and fifty hundredths to station eight hundred and thirty three; of a width of eighty feet, from said last named station to station eight hundred and thirty seven; of a width of fifty feet, from said last named station to station eight hundred and forty two; and of a width of one hundred feet, from said last named station to the southern boundary of said tract, about station eight hundred and forty five, fifty hundredths, (all said stations being stations of said centre line of said road) and the land covered as aforesaid by said roadway is about nine acres in size; that the land last described is required for the purpose of constructing and operating said road, and for a roadway; that plaintiff is unable to acquire title to said land because some of the claimants are minors, and praying the Court to appoint Commissioners of appraisal to ascertain and appraise the compensation, if any, to be made to the owners or persons interested in the real estate proposed to be taken as aforesaid and otherwise proceed according to law; and it appearing to the Court that due notice has been given defendants, the Court upon consideration orders and appoints Charles K. Dickson, Sullivan Blood, James G. Barry, William Milburn and John Maguire, five disinterested and competent persons who reside in this county, and directs them to appraise and ascertain the compensation to be made, if any, to the owners or persons interested in said real estate. It is further ordered that said Commissioners before proceeding
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> Handwritten Page Number on Record Book: 111
**April Term 1855. Thursday July 5. 1855.**
under this order, take an oath before some competent officer, faithfully and impartially to discharge the duties imposed upon them as such Commissioners, and that they meet at plaintiff's office in the city of Saint Louis on the twelfth day of July 1855, at nine o'clock A.M. and that they make report of their proceedings, accompanied by a plat of the land herein described, to this Court, with all convenient dispatch.
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff vs. Margaret Theile, Henry Bushkamper, and Catherine his wife. Defendants.**
This day comes the plaintiff by its attorney of record, and the defendants all appear personally in Court, and Henry Bushkamper enters his appearance as guardian of Margaret Theile, and it appearing to the Court, that plaintiff has presented its petition, after due notice to defendants, said petition showing that defendants are owners of or have an interest in land in said County, over which the rail road of said plaintiff has been located, and that said land is the following, to wit: a lot of land lying and being in said County of St. Louis, in Block fourteen of the old town of Carondelet, and having a front of forty feet westwardly on main street, and extending, with a like width of forty feet, eastwardly, three hundred and twenty feet, to Water street; bounded west by main street, east by Water street, south by N. street, and north by land now or lately of the heirs of Joseph Plasters. and the road way of said road is so laid out as to cover a part of said lot, twenty five feet wide on each side of a line drawn through the centre of said lot, from the northern to the southern boundary thereof, equi distant from said Main and Water streets; that the land last discribed is required for the purpose of constructing and operating said road, and for a road way; that plaintiff is unable to acquire title to said land because one of the claimants is a minor, and praying the court to appoint Commissioners of appraisal to ascertain and appraise the compensation, if any, to be made to the owners or persons interested in the real estate proposed to be taken as aforesaid, and otherwise proceed according to law; and it appearing to the Court that due notice has been given defendants, the Court upon due consideration orders and appoints Charles K. Dickson, Sullivan Blood, James G. Barry, William Milburn and John Maguire, five disinterested and competent persons who reside in this county, and directs them to appraise and ascertain the compensation to be made, if any, to the owners or persons interested in said real estate. It is further ordered that said Commissioners before proceeding under this order, take an oath before some competent officer, faithfully and impartially to discharge the duties imposed upon them as such Commissioners, and that they meet at plaintiff's office in the city of Saint Louis in the twelfth day of July 1855 at nine o'clock am. and that they make report of their proceedings, accompanied by a plat of the land herein described, to this Court, with all convenient dispatch.
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. William S. Harney and Mary, his wife. Defendants.**
This day comes the plaintiff by its attorney of record, and the defendants appear by their Attorney, Thomas T. Gantt, Esquire, and it appearing to the Court, that plaintiff has presented its petition, after due notice to defendants, said petition showing that defendants are owners of or have an interest in land in said County, over which the rail road of said plaintiff has been located, and that said land is the following, to wit: Lot number Three in the subdivision of United States Survey number Two hundred and eighty six, in said county of Saint Louis; bounded on the north by Harney street, east by the Mississippi River south by land of Henry and Octavia Boyce and West by Carondelet Avenue; and the road way of said road is so laid out as to cover a portion of said land, fifty feet wide by the distance from the northern to the southern boundary of said tract, from station Forty four and four hundredths of said centre line of said road (as laid out in the plat and certificate filed according to law by said plaintiff in the Clerk's Office of Saint Louis county) to station Forty six and four hundredths, of said centre line, twenty five feet wide in each side of said centre line; that the land last described is required for the purpose of constructing and operating said road, and for a roadway; that plaintiff is unable to acquire title to said land because plaintiff and defendants have not been able to agree upon a price therefor, and praying the court to appoint Commissioners of appraisal to ascertain and appraise the compensation, if any, to be made to the owners or persons interested in the real estate proposed to be taken as aforesaid, and otherwise proceed according to law; and it appearing to the court that due notice has been given defendants, the Court upon consideration order and appoints, the parties thereto consenting, Charles K. Dickson, Sullivan Blood, James G. Barry, William Milburn and John Maguire, five disinterested and competent persons who reside in this County, and directs them to appraise and ascertain the compensation, if any, to be made to the owners or persons interested in said real estate. It is further ordered that said Commissioners before proceeding under this order, take an oath before some competent officer, faithfully and impartially to discharge the duties imposed upon them as such commissioners, and that they meet at plaintiff's office in the city of Saint Louis in the twelfth day of July 1855 at nine o'clock a.m. and that they make report of their proceedings, accompanied by a plat of the land herein described, to this Court, with all convenient dispatch.
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**April Term 1855. Thursday July 5. 1855.**
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. Charles Chambers and Jane, his wife. Defendants.**
This day comes the plaintiff by its attorney of record, and defendants come not, and it appearing to the Court, that plaintiff has presented its petition, after due notice to the defendants, said petition showing that defendants are owners of or have an interest in land in said county, over which the rail road of said plaintiff has been located, and that said land is the following, to wit: Lot number seven in the subdivision of United States survey number Two hundred and eighty six, in said Saint Louis County: bounded on the east by the Mississippi River, west by Carondelet avenue, north by Saint ange addition and south by land now or lately of James Clemens and children, and the roadway of said road is so laid out as to cover a strip of land fifty feet wide, or twenty five on each side of the centre line of said roadway as laid out on the plat and certificate filed according to law by said plaintiff in the Clerks Office of Saint Louis County, and extending from station forty nine and ninety one hundredths to station fifty one and eighty three hundredths, of said centre line, or one hundred and ninety two feet long from the northern to the southern line of said tract, that the land last described is required for the purpose of constructing and operating said road, and for a roadway; plaintiff is unable to acquire title to said land because plaintiff and defendants are unable to agree upon a compensation for the same, and praying the Court to appoint Commissioners of appraisal to ascertain and appraise the compensation, if any, to be made to the owner or person interested in the real estate proposed to be taken as aforesaid, and otherwise proceed according to law; and it appearing to the Court that due notice has been given defendants the Court, upon due consideration orders and appoints Charles K. Dickson, Sullivan Blood, James G. Barry, William Milburn, and John Maguire, five distinterested and competent persons who reside in this county, and directs them to appraise and ascertain the compensation to be made, if any, to the owners or persons interested in said real estate. It is further ordered that said Commissioners before proceeding under this order, take an oath before some competent officer, faithfully and impartially to discharge the duties imposed upon them as such commissioners, and that they meet at plaintiff's office in t he city of Saint Louis on the twelfth day of July 1855 at nine o'clock a.m, and that they make report of their proceedings, accompanied by a plat of the land herein described, to this court, with all convenient dispatch.
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. James Clemens, and also his children James B, Bryan M, Catherin J, Helen J, Alice B, and Jeremiah W. Clemens. Defendants.**
This day comes the plaintiff by its Attorney of record, and defendants come not, and it appearing to the Court, that plaintiff has presented its petition, after due notice to the defendants, said petition showing that defendants are owners of or have an interest in land in said county, over which the rail road of said plaintiff has been located, and that said land is the following, to wit: a tract of land lying and being in said County of Saint Louis, being part of United States Survey number Three hundred and seventy four, and bounded north by land of Charles Chambers and wife, south by land of Louis A. LaBeaume, West by the Carondelet Road and east by the Mississippi River; and the roadway of said road is so laid out as to cover a portion of said tract, one hundred and ninety three feet long more or less by fifty feet wide, being a strip extending from the northern boundary of said tract at station fifty one and eighty two and a half hundredths of the centre line of said roadway as designated on the plat and certificate filed according to law by said plaintiff in the Clerk's Office of Saint Louis County, to the southern boundary of said tract, at station fifty three and seventy five and a half hundredths of said roadway, as so designated as aforesaid; and having a width of twenty five feet on each side of said centre line of said roadway, that the land last described is required for the purpose of constructing and operating said road, and for a roadway; plaintiff is unable to acquire title to said land because some of said claimants are minors, and praying the Court to appoint Commissioners of appraisal to ascertain and appraise the compensation, if any, to be made to the owner or person interested in the real estate proposed to be taken as aforesaid, and otherwise proceed according to law; and it appearing to the Court that due notice has been given defendants the Court, upon due consideration, orders and appoints Charles K. Dickson, Sullivan Blood, James G. Barry, William Milburn and John Maguire, five disinterested and competent persons who reside in this county, and directs them to appraise and ascertain the compensation to be made, if any, to the owners or persons interested in said real estate. It is further ordered that said Commissioners before proceeding under this order, take an oath before some competent Office, faithfully and impartially to discharge the duties imposed upon them as such commissioners, and that they meet at plaintiff's Office in the City of Saint Louis on the twelfth day of July 1855 at nine o'clock a.m. and that they make report of their proceedings, accompanied by a plat of the land herein described, to this Court, with all convenient dispatch.
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. John L. Hardeman & othrs. Defendants.**
Now at this day comes the plaintiff by its attorney, and on his motion, leave is given said plaintiff to amend its petition herein, by striking out the words "some post office to plaintiff unknown" and inserting the words "Oakachicama Post Office" and this cause is continued until the next term of this court, with leave to plaintiff to serve notice of said continuance, or defendants residing out of this state, in the same manner as is prescribed by law for serving a notice of presentation of petitions.
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> Handwritten Page Number on Record Book: 113
**April Term 1855. Thursday July 5, 1855.**
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. Barton Bates & others, heirs of Dillon. Defendants.**
On motion of the plaintiff by its attorney, the having of this cause is further continued until saturday the seventh instant.
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. Odilia (or Adelia) Peters, widow of Michael Peters, deceased, and Frederick Peters, Frances Peters, [and ?] George Peters, Elizabeth & Agnes Peters, children of Michael Peters, deceased. Defendants.**
This day comes the plaintiff by Thomas C. Reynolds, its attorney, and the defendants come not, and on plaintiff's motion, it appearing to the Court that due notice thereof has been given according to the rules and practice of this Court, it is ordered that the second report of the Commissioners of appraisal in this caues be confirmed, and that plaintiff deposit in the Banking house of Lucas & Simonds in the City of Saint Louis, to the credit of this cause and subject to the further order of this court, the additional compensation awarded by said commissioners, for the land taken by said plaintiff; and that said plaintiff file in the papers in this cause, the receipt of Lucas and Simonds therefore.
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. Eliza B. Peltier, Widow of Joseph B. Plasters, deceased, and Eliza B. Plasters, Emily Plasters and Joseph B. Plasters, children of Joseph B. Plasters, deceased. Defendants.**
This day comes the plaintiff by Thomas C. Reynolds, its attorney, and the defendants come not, and on plaintiff's motion, it appearing to the court that due notice thereof has been given according to the rules and practice of this Court, it is ordered that the second report of the commissioners of appraisal in this cause be confirmed, and that plaintiff deposit in the Banking house of Lucas & Simonds in the City of Saint Louis, to the credit of this cause and subject to the further order of this court, the additional compensation awarded by said commissioners, for the land taken by said plaintiff; and that said plaintiff file in the papers in this cause the receipt of Lucas and Simonds therefor.
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. Augustus Nordhaus, Henry Beckman, and Agnes, his wife. Defendants.**
Now at this day comes the plaintiff by Thomas C. Reynolds, its attorney, and the defendants come not, and on plaintiff's motion, it appearing to the Court that due notice thereof has been given according to the rules and practice of this court, and that said Commissioners have duly proceeded according to [law ?] the orders heretofore made in this case, and in pursuance of the statute in that case made and provided, and have ascertained and determined the compensation to which said defendants are entitled for the following real estate proposed to be taken by said plaintiff, to wit: a portion of the following land in the County of Saint Louis, to wit: a lot in Block number twelve of of Carondelet, fronting forty feet, English measure, in main street towards the west and extending back eastwardly, one hundred and fifty feet to the centre of said block, bounded on the south by land now or lately of A. Gamache, on the north by land now or lately of Adele Barada; which portion is as follows, to wit: a strip or portion of said lot twenty five feet wide from the eastern boundary of the lot, the whole width of the lot, that is, forty feet long from the northwardly to the southwardly boundaries thereof, by said width of twenty five feet; and that said compensation is as follows: To Augustus Nordhaus, twenty five dollars: To Agnes Beckman and her husband Henry Beckman, fifteen dollars: all which appears by the report filed by said Commissioners in this cause- the court being fully advised in the premises, doth confirm said report, and doth order that plaintiff deposit in the banking house of Lucas and Simonds in the City of Saint Louis, to the credit of this cause, and subject to the further order of this Court, the compensation awarded defendants by said Commissioners, and file proper receipts therefor in the papers in this cause.
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. The Heirs & Devisees of Bryan Mullanphy, & others. Defendants.**
Now at this day comes the plaintiff by its Attorney, and suggests to the Court, that Richard G. Clemens one of the defendants herein, has departed this life, and on motion of plaintiff's attorney, this cause is continued until the first monday of the next term of this court, and it is ordered that said plaintiff give ten days notice to the heirs of said Richard G. Clemens that they appear on said day and show cause if any they can why the Commissioner's Report filed herein, should not be confirmed.
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. Louise, widow of Enos Bouchez, deceased, Apprison Bouchez, Joseph Bouchez, Francis Bouchez, Alexander Bouchez, Alexander Pigeon and Emilie his wife, Alexander Delisle and Susan his wife. Defendants.**
Now at this day comes the plaintiff by Thomas C. Reynolds, its attorney, and the defendants come not, and on plaintiff's motion, it appearing to the Court that due notice thereof has been given
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> Handwritten Page Number on Record Book: 114
**April Term 1855. Thursday July 5. 1855.**
according to the rules and practice of this Court, and that said commissioners have duly proceeded according to the orders heretofore made in this cause, and in pursuance of the statute in that case made and provided, and have ascertained and determined the compensation to which said defendants are entitled for the following real estate proposed to be taken by said plaintiff, to wit: a portion of the following land in the county of Saint Louis, to wit: a lot in Block number eleven in the old town of Carondelet, in the county of Saint Louis, fronting twenty five feet eastwardly on water street and extending Westwardly, with a like width of twenty five feet, a distance of two hundred and forty seven feet, bounded on the south by land now or lately of Joseph Debigarre, and north by land now or lately of Louis Guion; which portion is as follows, to wit: a strip of said land twenty five feet long from the northward to the southward line thereof and extending eastwardly and westwardly twenty five feet on each side of a line drawn through the middle of said blockand equidistant from its eastward and westward lines: and that said compensation is as follows: the entire compensation, fifty dollars, to be divided as follows: one third thereof to Louise Bouchez, and the balance to be divided into six equal parts, one part to Alexander and Emilie Pigeon, one part to Alexander and Susan Delisle, and one part to each of the remaining four parties, Cyprian, Joseph, Francis and Alexander Bouchez. all which appears by the report filed by said Commissioners in this cause. the court being fully advised in the premises, doth confirm said report, and doth order that plaintiff deposit in the banking houe of Lucas and Simonds in the City of Saint Louis to the credit of this cause, and subject to the further order of this court, the compensation awarded defendants by said commissioners, and file proper receipts therefor in the papers in this cause.
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. Nathaniel Childs Jr, and Dominic J. Childs. Defendants.**
Dismissal.
On motion of the plaintiff by its attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
Uriel Wright, Esquire, announced to the Court, that, Milton N. Mc Lean, Esquire, late a member of the St. Louis Bar, has departed this life, and also presented to the Court, the proceedings of a meeting of the members of the Bar on the occasion of the death of said Milton N. Mc Lean, Esquire, and on motion of said Uriel Wright, Esquire, it is ordered that said proceedings be spread at large upon the Records of this Court, and that this Court do now adjourn as a testimony of respect to the memory of said deceased: which said proceedings are as follows: "At a meeting of the bar of St. Louis, convened in the Law Library Room, on the occasion of death of Milton N. Mc Lean, Esq, on motion of J. C. Richardson, Esq, Charles D. Drake, Esq, was called to the chair. Mr. Drake made a few appropriate remarks on taking the chair, recounting his long acquantance with the deceased, in which he bore strong testimony to his personal and professional character: On motion of U. Wright, Esq, C.C. Carroll, Esq, was appointed secretary. On motion of J. C. Richardson, a committee was appointed by the chair to draft resolutions expressive of the feelings of the members of the bar, on this melancholy occasion. The committee consisted of Messrs Richardson, Wright, Reber, Cline and Shepley. The committee after retiring, reported the following resolutions: Resolved, That we have heard with deep regret of the decease of our professional brother, Milton N. Mc Lean, whose career in this city, though comparatively brief, had led us to appreciate highly his amiable disposition, professional ability, and firm and independant character. Resolved, That we will attend his funeral in a body, and will wear the usual badge of mourning for the period of thirty days Resolved, That we deeply sympathise with the family of the deceased in the affliction which has fallen upon them Resolved, That the proceedings of this meeting be published in the city papers, and that a copy thereof be communicated to the family of the deceased, and that committees be appointed to present them to the different courts of this county, with request that they be spread upon the records thereof. The chair named the following gentlemen to present the resolutions to the several courts, to wit: To the Supreme Court- Mr. Biddlecome. To the Circuit Court- Mr. Wright. To the Criminal Court- Mr. Clover. To the Land Court- Mr. Reber. To the Law Commissioner's Court- Mr. Kinsey. On Motion of Mr. Hart the meeting adjourned, to meet in the room of the Law Library one hour before the hour fixed for the funeral, in order to proceed in a body to the funeral.
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> Handwritten Page Number on Record Book: 115
**April Term 1855. Friday July 6th 1855.**
The Court met pursuant to adjournment, Present as before.
Sheriff's Deed. Turner Maddox, Esquire, Sheriff of St. Louis County, comes into Open Court and acknowledges the execution by him as Sheriff as aforesaid, of a Deed to Henry Chouteau, of all the right, title, interest, claim, estate and property of Louis Robert and Mary his wife, Nelson Robert, Charles Robert, Louis Robert 2d, Nathan Allen and Odelle his wife, Charles C. Whittelsey, the unknown heirs of Joseph Beylle, and the unknown heirs of Joseph Sevillingge, of, in and to Lot numbered Twenty four, containing Forty one 86/100 acres, and Lot numbered Twenty five, containing Forty one 86/100 acres, in the subdivision of the tract of land described as follows, viz: A certain tract or parcel of land situated in the county of St. Louis, State of Missouri, in survey 1897 containing Eleven hundred and eighty four acres, more or less, situate in Township Forty three north of Range three East, bounded on the north east by land sold by Auguste Chouteau to Pyatt and Inks and the north east boundary line of said survey, on the south east by the Maramec River and on the south west by a line to be run from the north west boundary line of the survey to the Maramec parallel to the said north east boundary, so as to include the quantity of Eleven hundred and eighty four acres (1184) said tract being also bounded west by lots one, seven and eighty of the subdivision of said survey in the Chouteau partition and south by the Maramec River. sold by virtue and under authority of an order of sale made by the St. Louis Circuit Court on the tenth day of May Eighteen hundred and fifty five.
Sheriff's Deed. Turner Maddox, Esquire, Sheriff of St. Louis County, comes into Open Court and acknowledges the execution by him as Sheriff as aforesaid, of a Deed to John R. Shepley, of all the right, title, interest, claim, estate and property of Mason Converse, of, in and to a lot of ground in Block 127 of the City of St. Louis containing 78 feet front on Broadway by 150 feet deep, more or less, bounded East by Broadway, south by lot leased to Jardell & Brice, west by Alley and north by lot leased to and occupied by Philip Rock. sold by virtue and under authority of an Execution issued from the Clerk's office of the St. Louis Circuit Court on the nineteenth day of April Eighteen hundred and fifty five, in favor of John R. Lawrence and against said Mason Converse.
**The North Missouri Rail Road. Plaintiff. vs. Walter B. Morris. Defendant.**
And now come the said parties, the Plaintiff by Attorney, and the defendant in proper person, and the motion of the Plaintiff for confirmation of the Report, of the viewers filed herein, and the exceptions of the defendant coming on to be heard, and being argued and duly considered by the court, for as much as it appears to the Court that the said defendant Morris is owner of a lease hold estate only in the lands proposed to be taken for the use of the Plaintiff and mentioned in the said report, (the owner of the fee simple therein not being a party to these proceedings,) and that the compensation awarded by the said viewers to the said defendant is for and on account of the fee simple of the said premises, and without regard to his limited interest therein, as tenant, the said report is hereby set aside and vacated; and the Court doth order that the said plaintiff do cause the owner of the fee simple estate in the said premises to be made a party to this proceeding on or before the first day of the next term of this court; and all further proceedings are stayed until such owner is so made a party.
**The State of Missouri. Plaintiff. vs. Wilson C. Baker. Defendant.**
Continued by consent.
**The State of Missouri. Plaintiff. vs. Allen alias William H. Potter. Defendant.**
Continued by the State. Motion to discharge the defendant filed.
**The State of Missouri. Plaintiff. vs. James Shannon. Defendant.**
Continued by the State. Motion to discharge the defendant filed.
**The State of Missouri. Plaintiff. vs. Henry Godfrey. Defendant.**
Continued.
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> Handwritten Page Number on Record Book: 116
**April Term 1855. Friday July 6. 1855.**
**Thomas C. Reynolds. Plaintiff. vs. Adolph Mayer, et. al. Defendants.**
On motion of the Plaintiff, leave is given him to withdraw from the files the note on which this action is founded, upon his leaving a copy of the same, which said note was withdrawn and copy left.
**Cyremus C. Simmons, and Ezra Munday. Plaintiffs. vs. Elizabeth Royce. Defendant.**
Order of Publication.
It appearing to the satisfaction of the Court, from the affidavit of the plaintiffs, that said defendant is a non-resident of the State of Missouri, and cannot be served with process. It is, on motion of said plaintiffs by their attorney, ordered by the Court, that said defendant be notified by the publication according to law of this order, that said plaintiffs have instituted suit against her in the St. Louis Circuit Court, the object of which is to obtain judgment for the balance due upon a note executed by her on the seventh day of February Eighteen hundred and fifty two, for the sum of Two thousand dollars, payable two years after date to Charles Avery, and that unless she be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis, on the fourth Monday in October next, and on or before the third day thereof answer to the petition of said plaintiffs the same will be taken against her as confessed.
**Hannah Johnson. Plaintiff. vs. Cornelius D. Sullivan. Defendant.**
Bill of Exceptions filed.
**Andrew Barnett, Edwin Tanner, and Francis P. Blair, Jr. Plaintiffs. vs. David Rankin. Defendant.**
Change of Venue.
Now at this day come said parties by their respective attorneys, and the Court having fully heard and considered said defendant's petition for a change of Venue in this cause on the ground that the Judge of this Court is prejudiced against him, in this cause, it doth order that said application be sustained, and that the Clerk of this Court make out a full, true and complete transcript of the record and proceedings in this action, and that the transmit the same duly certified together with all the original papers in the case, not farming a part of the Record, to the Clerk of the St. Louis Court of Common Pleas.
**John Doyle. Plaintiff. vs. Jane Doyle. Defendant.**
Now at this day comes the defendant by her attorney, and files a petition duly verified by affidavit, and thereupon it is ordered that a special commission issue herein, directed to Michael Lynch, Commissioner, of the Kingdom of Ireland, to take the depositions of Patrick Roach and Catherine Byrne; and thereupon interrogatories and cross interrogatories, to be answered by said Patrick Roach, and Catherine Byrne, are here drawn and signed under the sanction and direction of the Court.
**[The Mayor, Alderman, &c. Plaintiffs. vs. William Carr Lane. Defendant. ?]**
[It is ordered that the entry made herein on the thirteenth day of December Eighteen hundred and fifty four, be set aside, and that in lieu thereof the following be made. "The Court in its own motion suggests and states, that the Judge of this Court has been connected with the matters in controversy in this case, and is prejudiced in the case, and thereupon the court orders that the venue in this cause be changed to the "St. Louis Court of Common Pleas." ?]
**The State of Missouri. Plaintiff. vs. Joseph Simmers. Defendant.**
Continued.
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> Handwritten Page Number on Record Book: 117
**April Term 1855. Saturday July 7th 1855.**
The Court met pursuant to adjournment, Present as before.
**James Clemens, Jr, et. ex. Plaintiffs. vs. Richard Graham, et. al. Defendants.**
Now at this day come the commissioners appointed to make partition, and file their report, and no cause to the contrary appearing to the Court, it is, on motion of plaintiff by his Attorney, ordered that said Report be confirmed. And it further appearing to the Court that the lands described in the petition and judgment cannot be divided without great prejudice to the owners of the same, it is ordered that the Sheriff of St. Louis County sell said lands according to the form of the statute in such case made and provided, upon the following terms, to wit: one third of the purchase money to be paid in cash, and the balance in two equal payments, at one and two years, the deferred payments to be secured by notes and deed of trust on the property sold.
Ralph P. Voorhies, who is personally known to the Court, comes into Open Court, and acknowledges the execution by him of a Deed of Emancipation to negro woman, named Malinda, who is now thirty five years of age, four feet and eleven inches high, quite black and strong built.
**Orson Tousley, et. al. Plaintiffs. vs. Francis Saler, et. al. Defendants.**
On motion of the defendants by their attorney, time, until the seventeenth instant, is given them to answer to the amended Petition herein.
**In the matter of the assignment of Dayton T. Card.**
Petition for extending time of selling as private sale filed, and on the application of Melven L. Gray, assignee of said Dayton T. Card, it is ordered by the Court, that said assignee may continue to sell the said assigned property, on the terms heretofore prescribed, until the month of October Eighteen hundred and fifty five.
**William H. Cruse, Herman Cruse, Adolph Cruse, and Edward Cruse. Plaintiffs. vs. Charles H. Frings. Defendant.**
Dismissal.
On motion of said plaintiffs by their attorney, it is ordered by the Court, that this cause be dismissed at the costs of said plaintiffs and that Execution issue therefor.
**Catharine Pedro. Plaintiff. vs. Peter Pedro. Defendant.**
Order of Publication.
It appearing to the satisfaction of the Court, from the affidavit of the plaintiff, that said defendant is a non resident of the state of Missouri, and cannot be served with process. It is, on motion of said plaintiff by her attorney, ordered by the Court, that said defendant be notified by the publiction according to law of this order, that said plaintiff has instituted suit against him in the St Louis Circuit Court, the object of which is to obtain a divorce from him, on the grounds of barbarous and cruel treatment, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis, on the fourth Monday in October next, and on or before the sixth day thereof answer to the petition of said plaintiff the same will be taken against him as confessed.
**In the matter of the assignment of Thomas Mc Grade.**
George B. Michael assignee of said McGrade, pays into Court, the money, ordered to be paid in by him on this day. Motion to rescind order filed, and the court, having duly heard and considered the same, and being fully advised of and concerning the premises, doth order that said motion be overruled. 2nd Bill of Exceptions of George B. Michael, assignee, filed. Motion for payment to creditors of the fund brought into Court filed.
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**April Term 1855. Saturday July 7. 1855.**
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. The Heirs of Michael Peters. Defendants.**
It appearing to the Court that on the twentieth day of February, eighteen hundred and fifty five, by consent of the parties to this cause, given in Open Court, by their respective attorneys, John Withnell was appointed by the Court a Commissioner of appraisal in this cause, in place of W. W. Grune, who declined serving; it is ordered nunc pro tunc that an order to that effect be entered of record, which is accordingly done, and the acts of said Withnell as said Commissioner are hereby ratified and confirmed.
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. Eliza B. Peltier & others, heirs of Joseph B. Plasters. Defendants.**
It appearing to the Court that on the twentieth day of February, eighteen hundred and fifty five, by consent of the parties to this cause, given in Open Court, by their respective attorneys, John Withnell was appointed by the Court a Commissioner of appraisal in this cause, in place of W. W. Grune, who declined serving; it is ordered nunc pro tunc, that an order to that effect be entered of record, which is accordingly done, and the acts of said Withnell as said Commissioner are hereby ratified and confirmed.
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. Louis Fasseu, by his guardian, Edward Haren. Defendant.**
Now at this day comes the plaintiff by Thomas C. Reynolds, its attorney, and the defendant comes not, and on plaintiff's Motion, it appearing to the Court that due notice thereof has been given according to the rules and practice of this Court, and that said Commissioners have duly proceeded according to the orders heretofore made in this cause, and in pursuance of the statute in that case made and provided, and have ascertained and determined the compensation to which said defendant is entitled for the following real estate proposed to be taken by said plaintiff, to wit: a portion of the following land in the County of Saint Louis, to wit: the south east quarter of Block number eight in the old town of Carondelet in the county aforesaid, having a front of one hundred and fifty feet French measure, eastwardly on water street, and entending of that width westwardly to the centre line of said block; bounded East by water street, north by lot of John Maeder, West by the centre line of said block, and south by G. Street, which portion is as follows, to wit: a strip twenty five feet English measure wide off the western end of said lot, being a strip one hundred fifty feet (French measure) long from the northward to the southward line of said lot. and that said compensation is as follows: To said Louis Fasseu the sum of one hundred dollars: all which appears by thereport filed by said Commissioners in this cause- the court being fully advised in the premises, doth confirm said report, and doth order that plaintiff deposit in the banking house of Lucas and Simonds in the City of Saint Louis, to the credit of this cause, and subject to the further order of this Court, the compensation awarded defendant by said Commissioners, and file proper receipts therefor in the papers in this cause.
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs, Pascal F. Chartrand, Felix F. Chartrand, (by his guardian Thomas Chartrand Jr.) Antoine J. Chartrand and Thomas Chartrand, Jr. Defendants.**
It appearing to the Court that on the twentieth day of November Eighteen hundred and fifty four, the following order was made by this court, it is ordered that the same be entered, nunc pro tunc, of read in this cause, in the words following, to wit: Now at this day comes the plaintiff by Thomas C. Reynolds, its attorney, and the defendans come not, and in plaintiff's motion, it appearing to the Court that due notice thereof has been given according to the rules and practice of this Court, and that said Commissioners have duly proceeded according to the orders heretofore made in this cause, and in pursuance of the statute in that case [and ?] made and provided, and have ascertained and determined the compensation to which said defendants are entitled for the following real estate proposed to be taken by said plaintiff, to wit: a portion of the following land on the county of Saint Louis, to wit: a lot in Block number nine in the old town of Carondelet, fronting seventy five feet french measure, eastwardly, on water street, by a like front westwardly on main street and a depth of three hundred feet from one to the other of said streets: bounded southwardly by land now or lately of Francis Deefils, and northwardly by land now or lately of J. Squires and Walsh - which portion is as follows, to wit: a portion or strip of said lot, extending from the northwardly to the southwardly boundary thereof, and twenty five feet English measure wide, on each side of a line running northwardly and southwardly through the centre of said block, equi distant from said main and water streets: and that said compensation is as follows: the entire compensation at one hundred dollars, to be equally divided among said defendants, or their respective assigns: all which appears by the report filed by said Commissioners in this cause- the court being fully advised in the premises, doth confirm said report, and doth order that plaintiff deposit in the banking house of Lucas and Simonds in the city of Saint Louis, to the credit of this cause, and subject to the further order of this Court, the compensation awarded defendants by said Commissioners, and file proper receipts therefor in the papers in this cause.
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**April Term 1855. Saturday July 7. 1855.**
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. Agnes Paulette and Thomas Fallis Curator of Edwin Paulette, Albert Paulette, Adeline Paulette, and Leon Paulette heirs of Bagile Paulette, deceased. Defendants.**
It appearing to the Court that in the twentieth day of November Eighteen hundred and fifty four, the following order was made by this Court, it is ordered that the same be entered, nunc pro tunc, of record in this cause, in the words following, to wit: Now at this day comes the plaintiff by Thomas C. Reynolds, its attorney, and the defendants come not, and on plaintiff's motion, it appearing to the court that due notice thereof has been given according to the rules and practice of this Court, and that said Commissioners have duly proceeded according to the orders heretofore made in this cause, and in pursuance of the statute in that case made and provided, and have ascertained and determined the compensation to which said defendants are entitled for the following real estate proposed to be taken by said plaintiff, to wit: a portion of the following land in the county of Saint Louis, to wit: a lot in Block number Eight of the old town of Carondelet, fronting one hundred and twenty five feet on the east side of main street in said Block and running back eastwardly of that width one hundred and fifty the centre of said block, and bounded north by lot of Thomas Fallis- West by main street- south by Lietsenderfer and east by Louis Fasseau's Estate. which portion is as follows, to wit: all of said lot between the centre of said block and a line crossing said lot from North to South parallel to, and twenty five feet distant and west of said centre line of said block, being a space or strip twenty five feet off of the East or back end of said lot. that is a strip twenty five feet wide from East to West by one hundred and twenty five feet in depth from North to South: and that said compensation is as follows: To said Agnes Paulette the sum of Forty two & 50/100 dollars, being the one half of the compensation allowed for the whole damage to said lot, and the sum of Forty two & 50/100 dollars, to be divided equally between said Edwin, Albert, Leon & Adeline Paulette; all which appears by the report filed by said Commissioners in this cause- the court being fully advised in the premises, doth confirm said report, and doth order that plaintiff deposit in the banking house of Lucas and Simonds in the City of Saint Louis, to the credit of this cause, and subject to the further order of this court, the compensation awarded defendants by said commissioners, and file proper receipts therefor in the papers in this cause.
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. Barton Bates, Eliza J. Dillon, Widow, Arthur J. Dillon, John A. Dillon, Eliza Jane Dillon, Charles W. Stephens and Susan J. his wife, Frances H, and Charles D. Stephens, James B. Eads, and also Eliza Ann Eads and Martha S. Eads, by their guardian and father, said James B. Eads. Defendants.**
This day comes the plaintiff by its attorney of record, and Barton Bates appears by John D. Coalter, Esquire, and consents that the Court now proceed in this cause, and the remaining defendants come not, and it appearing to the court, that plaintiff has presented its petition, after due notice to defendants, said petitions having that defendants are owners of or have an interest in land in said county, over which the rail road of said plaintiff has been located, and that said land is the following, to wit: a portion of a large tract of land lying in said county of Saint Louis in United States Survey number three hundred and seventy four, bounded north by land now or lately of Edward Haren, east by the Mississippi River, south by the United States Marine Hospital tract, and west by the Carondelet Road, and the road way of said road is so laid as to require so much of said tract as is covered by the roadway of said rail road as laid down in the plat and certificate filed according to law by said plaintiff in the Clerk's office of Saint Louis County, commencing at station Fifty nine and eighty three hundredths (in the northern boundary of said tract), and extending fifty feet wide, by one hundred and forty eight feet more or less, long, to station sixty one thirty one hundredths (on the southern boundary of said tract.); that the land last described is required for the purpose of constructing and operating said road, and for a roadway, that plaintiff is unable to acquire title to said land because some of said defendants are minors, and praying the Court to appoint commissioners of appraisal to ascertain and appraise the compensation, if any, to be made to the owner or person interested in the real estate proposed to be taken as aforesaid, and otherwise proceed according to law; and it appearing to the court that due notice has been given defendants the court, upon due consideration orders and appoints Charles R. Dickson, Sullivan Blood, James G. Barry, William Milburn and John Maguire, five disinterested and competent persons who reside in this County, aNd directs them to appraise and ascertain the compensation to be made, if any, to the owners or persons interested in said real estate. It is further ordered that said commissioners before proceeding under this order, take an oath before some competent officer, faithfully and impartially to discharge the duties imposed upon them as such commissioners, and that they meet at plaintiff's office in the city of Saint Lois in the twelfth day of July 1855, at nine o'clock a.m. and that they make report of their proceedings, accompanied by a plat of the land herein described, to this court, with all convenient dispastch.
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**April Term 1855. Monday July 9. 1855.**
The Court met pursuant to adjournment, Present as before.
**The State of Missouri. Plaintiff. vs. Allen alias William H. Potter. Defendant.**
Indicted for Burglary and Larceny.
A motion having been made in the above cause for the discharge of the prisoner- Allen Potter- and sustained by the Court. it is hereby ordered that Allen Potter be discharged from custody, forthwith, so far as relates to the offence for which he stands indicted.
**The State of Missouri. Plaintiff. vs. James Shannon. Defendant.**
The Court having duly heard and considered the motion to discharge the prisoner, and being fully advised of and concerning the promises, doth order that said motion be overruled.
**In the matter of the assignment of Thomas Mc Grade.**
George B. Michael, Assignee, having paid into court under the order to that effect heretofore made on the fifty day of July, instant, the amount of money shown to be in his hands and subject to distribution over and above all claims for allowances and commissions, being the sum of Eight thousand and twenty nine 100 dollars. And this being the day set apart for the distribution or other disposition of said funds. And the plaintiffs who are creditors of the second class named in the assignment of the said Thomas Mc Grade, and whose claims have been allowed, having filed their motion to the Court here to order and direct the payment of the said money to them. And it appearing to the Court here that all the creditors of the first class in said deed of assignment mentioned have been paid in full, and that the plaintiffs are preferred creditors of the said Thomas Mc Grade and that their claims have been allowed under the said assignment, and that the aggregate of the said claims so allowed and preferred exceeds the fund now paid into court here. It is therefore ordered, adjudged and decreed that the said fund be paid by the Clerk of this Court to the said plaintiffs ratably as far as the same will reach, towards the satisfaction of their respective claims, so preferred in said deed of assignment, and appearing by the answer of said Michael, assignee of Thomas Mc Grade, to have been allowed against the funds and property assigned the said creditors in person or by attorney or agent giving receipts to the clerk of this court for the amounts by them respectively received. It is further ordered by the Court, that the Clerk of this court give notice by advertisement published for four weeks in the Daily Missouri Republican, the Dady Missouri Democrat and the St. Louis Intelligencer, of the exhibition and filing of his accounts by the said assignee, and that on the first saturday after the fourth Monday of October next, the court will proceed to allow such accounts, unless good cause to the contrary be shown. [make a final order of allowance of claims and distribution ?] [of the funds remaining in the hands of said assignee, ?] in the above entitled cause, when and where all persons interested are notified to attend. 3rd Bill of Exceptions by George B. Michael assignee of said Mc Grade, filed. and on Motion of said George B. Michael, assignee, an appeal is granted him from the orders of court touching the distribution of the funds by him paid into Court, to the Supreme Court, whereupon said Michael files a Bond for such appeal in the sum of Five hundred dollars, with George B. Michael as principal, and William O. Shands as security, conditioned according to law, which bond is acknowledged by the obligors and approved by the Court.
**John Riggin. Plaintiff. vs. Andrew J. Coons. &c. Defendant.**
Answer of defendant Coons, filed.
**Stephen Haskell. Plaintiff. vs. Catherine E. Leslie, Administratrix of the estate of Miron Leslie, deceased. Defendant.**
Judgment on Mortgage.
Answer filed. And now at this day come the parties aforesaid, by their respective Attorneys, and this cause having been submitted to the Court upon the petition and answer filed herein, and due deliberation being had therein, it is considered that the said Stephen Haskell do recover against the said Catherine E. Seslie administratrix as a aforesaid, his debt to the amount of three thousand dollars, and two hundred and sixty dollars, damages, by the court here found to be due and assessed, and also his costs and charges by him about his suit in this bahalf expended to be levied of all the right, title and interest of said Miron, Leslie of, in and to the following described prices, parcels and tracts of land, to wit: The south east quarter of the north east quarter of section Eight, and the east half of the south east quarter of section seventeen, and the north
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**April Term 1855. Monday July 9. 1855.**
east quarter of the north east quarter of section seventeen, and the north west quarter of the north west quarter of section seventeen, and the west half of the south east quarter of section seventeen, and the north east quarter of section nine, and the west half of the north east quarter of section seventeen, and the south east quarter of the north east quarter of section eight, and the south west quarter of the north east quarter of section nine, and the north west quarter of the south west quarter of section seventeen, and the south east quarter of the south east quarter of section eight, all in Township number forty one, Range one west, in the county of Franklin and state of Missouri. also the south west quarter of the south east quarter of section eight, also the east half of the north west quarter of section seventeen, and the south east quarter of the south west quarter of section fourteen, and the north half of the south east quarter of section thirteen, and the north east quarter of south east quarter of section twenty four, south of the River Gasconade all in Township number Forty two, in Range Eight west in the county of Gasconade in the State of Missouri. The said Miron Leslies interest in all the above described lands being one fourth part. Also the undivided half of the south west quarter of section thirty six in township Forty three north, Range one east of the fifth principal meridian being in the county of Franklin aforesaid. Also three negro slaves named Sarah, Martha, & Hester, One Piano and all his household furniture: the property mentioned and described in said mortgage filed with plaintiff's petition and that if said mortgaged property be not sufficient to pay said debt, damages and costs then the residue of the same to be levied and collected of other goods, chattels, lands, and tenements of the said Miron Leslie the intestate aforesaid, and that the said Stephen Haskell have execution thereof.
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**April Term 1855. Tuesday July 10th 1855.**
The Court met pursuant to adjournment, Present as before.
**Lourenz H. Apel. Plaintiff. vs. The Chicago & Mississippi Rail Road Company, Defendant.**
Bill of Exceptions filed.
**Ezeriah S. Burrill Plaintiff vs. William C. Jewett's Executor. Defendant.**
Bill of Exceptions filed.
**Charles T. Joy, surviving partner of William Stickney, deceased. Plaintiff. vs. Martin C. Cooley. Defendant.**
The Court having duty hard considered the motion of the plaintiff for a new trail herein, and being fully advised of and concerning the premises, cloth order that said motion be sustained, and that a new trail here of be had as the next term of this court. In motion of the defendant and by his attorney, leave is given him to file an announced answer herein, on or before the first day of September next.
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**April Term 1855. Wednesday July 11th 1855.**
The Court met pursuant to adjournment, Present as before.
Sheriff's Deed. Turner Maddox, Esquire, Sheriff of St. Louis County, comes into Open Court and acknowledges the execution by him as Sheriff as aforesaid, of a deed to Edward J. Haupi, of all the right, title, interest, claim, estate and property of Louis Robert and Mary his wife, Nelson Robert, Charles Robert, Louis Robert 2d, Nathan Allen and Odelle his wife, Charles C. Whittelsey, the unknown heirs of Joseph Beylle, and the unknown heirs of Joseph Sevellingge, of, in and to Lot number Four, containing Forty acres, Lot No. Five, containing Forty one 86/100 acres. Lot No. six, containing Forty one 86/100 acres, and Lot No. Seven, containing Forty acres, in the subdivision of the tract of land described as follows, to wit: A certain tract or parcel of land situated in the county of St. Louis, State of Missouri, in survey 1897, containing Eleven hundred and eighty four acres, more or less, situate in Township Forty three north, of Range Three East, bounded in the north east by land sold by Auguste Chouteau to Pyatt and Inks, and the north east boundary line of said survey, on the south east by the Maramec River, and on the south west by a line to be run from the north west boundary line of the survey to the Maramec, parallel to the said north east boundary so as to include the quantity of eleven hundred and eighty four (1184) acres, said tract being also bounded west by lots one, seven and eight of the subdivision of said survey in the Chouteau parition, and south by the Maramec River. sold by virtue and under authority of an order of sale made by the St. Louis Circuit Court on the tenth day of May eighteen hundred and fifty five.
Sheriff's Deed. Turner Maddox, Esquire, Sheriff of St. Louis County, comes into Open Court and acknowledges the execution by him, as Sheriff as aforesaid, of a deed to Richard Ivers, of all the right, title, interest, claim, estate and property of Louis Robert and Mary his wife, Nelson Robert, Charles Robert, Louis Robert 2d, Nathan Allen and Odelle his wife, Charles C. Whittelsey, the unknown heirs of Joseph Beylle, and the unknown heirs of Joseph Sevellingge, of, in and to Lot numbered Fifteen, containing Forty acres, in the subdivision of the tract of land described as follows, to wit: A certain tract or parcel of land in survey 1897, containing eleven hundred and eighty four acres, more or less, situate in Township Forty three north, of Rang Three East, bounded on the north east by land sold by Auguste Chouteau to Pyatt and Inks, and the north east boundary line of said survey, on the south east by the Maramec River, and on the southwest by a line to be run from the north west boundary line of the survey to the Maramec, parallel to the said north east boundary, so as to include the quantity of eleven hundred and eighty four acres (1184) said tract being also bounded west by lots one, seven and eight of the subdivision of said survey in the Chouteau parition, and south by the Maramec River. sold by virtue and under authority of an order of sale made by the St. Louis Circuit Court, on the tenth day of May Eighteen hundred and fifty five.
**William C. Anderson, et. al. Plaintiffs. vs. James S. Chew, et. al. Garnishees, Defendants.**
Seperate answers of Thomas F. Fithian, James Barnard, and George Barnard, Garnishees, filed.
**In the matter of the assignment of of Thomas Mc Grade.**
An appeal having been prayed by George B. Michael, assignee, and allowed by the Court, from the order made herein in the ninth instant directing the Clerk of the Court to distribute the funds paid into Court by the said assignee, in the manner therein mentioned, amongst the creditors of the said Mc Grade therein named whose claims have been allowed. It is now ordered by the Court that the Clerk do deposit the said funds with the Banking house of Lucas and Simonds in the City of Saint Louis, to the credit of the said assignment, upon the usual rates of interest, and that he keep the same so on deposit until the further order of this Court. 4th Bill of Exceptions of George B. Michael, assignee of said Mc Grade, filed.
**George Dengel. Plaintiff. vs. Malvina Dongel. Defendant.**
Order of Publication.
It appearing to the satisfaction of the court, from the affidavit of the plaintiff, that said defendant is a now resident of the state of Missouri, and cannot be served with process. It is, on motion of said plaintiff by his attorney, ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit in the St. Louis Circuit Court, against her, the object of which is to obtain a divorce from the bonds of Matrimony by said plaintiff contracted with said defendant, on the ground of desertion, and that unless she be and appear at the next term of said Court to be begun and held at
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**April term 1855. Wednesday July 11th 1855.**
The city of St.Louis within and for the county of St.Louis, on the fourth monday on October next, and on or before the sixth day thereof answer to the petition of said plaintiff the same will be taken against her as confessed.
**Catharina Stow, Plaintiff. vs. David Stow. Defendant.**
Order of Publication
It appearing to the satisfaction of the Court, from the affidavit of the plaintiff, that side defendant is a non-resident of the state of Missouri, and cannot be served with process. It is, on motion of said plaintiff by her Attorney, ordered by the court that said defendant be notified by the publication according to law this order,that said plaintiff has instituted suit in the St. Louis Circuit court against him, the object of which is to obtain a divorse from the bonds of matrimony, by said plaintiff contracted with said defendant, on the ground of desertion, and that unless be be and appear as the next term of said court to be begun and held as the city of St. Louis, within and and for the county of St. Louis, on the fourth monday in October next, and or before the sixthday to the petition of said plaintiff, the same will be taken against him as confessed.
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**April Term 1855. Thursday July 12th 1855.**
The Court met pursuant to adjournment, Present as before.
**James M. Skelton. Plaintiff. vs. Mary Ann Skelton. Defendant.**
Order of Publication.
It appearing to the satisfaction of the Court, from the affidavit of the plaintiff, that said defendant is a nonresident of the State of Missouri and cannot be served with process. It is, on motion of said plaintiff by his attorney, ordered by the court, that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted in the St. Louis Circuit Court, against her, the object of which is to obtain a divorce from the bonds of matrimony by said plaintiff contracted with said defendant, on the grounds of adultery and desertion, and that unless she be and appear at the next term of said court to be begun and held at the city of St. Louis, within and for the county of St. Louis, on the fourth Monday in October next, and on or before the sixth day thereof, answer to the petition of said plaintiff, the same will be taken against her as confessed.
**Charles F. Joy, surviving partner of William Stickney, deceased. Plaintiff. vs. Martin C. Cooley. Defendant.**
Non Suit.
Now at this day comes said plaintiff by his Attorney, and says he will not further prosecute his suit in this behalf, but voluntarily take a non-suit. It is therefore considered and adjudged by the court, that said plaintiff take nothing by his said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended, and have thereof Execution. On motion of said plaintiff by his attorney, leave is given him to withdraw from the files the note on which this suit was brought, also the deposition of Stephen G. Debois.
Sheriff's Deed. Turner Maddox, Esquire, Sheriff of St. Louis County, comes into Open Court and acknowledges the execution by him as Sheriff as aforesaid, of a deed to Charles F. Blatteau, of all the right, title, interest, claim, estate and property of Louis Robert and Mary his wife, Nelson Robert, Charles Robert, Louis Robert 2nd, Nathan Allen and Odelle his wife, Charles C. Whittelsey, the unknown heirs of Joseph Beylle, and the unknown heirs of Joseph Sevellingge, of, in and to Lot No. Eighteen, containing Forty acres, Lot No. Twenty, containing Thirty eight 35/100 acres, and Lot No. Twenty one, containing Thirty one 55/100 acres, in the subdivision of the tract of land described as follows, to wit: A certain tract or parcel of land situated in the county of St. Louis, State of Missouri, in survey 1897, containing Eleven hundred and eighty four acres, more or less, situate in Township Forty three north, of Range Three East, bounded in the north east by land sold by Auguste Chouteau to Pyatt and Inks, and the north east boundary line of said survey, on the south east by the Maramec River, and on the south west by a line to be run from the north west boundary line of the survey to the Maramec, parallel to the said north east boundary so as to include the quantity of Eleven hundred and eighty four acres (1184) said tract being also bounded west by lots one, seven and eight of the subdivision of said survey in the Chouteau parition, and south by the Maramec River. sold by virtue and under authority of an order of sale made by the St. Louis Circuit Court on the tenth day of May Eighteen hundred and fifty five.
**In the matter of the assignment of Southard. S. Hemans.**
Isaac B. Gwathney to whom S. S. Hemans assigned all his property and effects, files an Inventory of such property and effects, duly verified by affidavit, Whereupon on motion of said assignee, it is ordered by the Court, that John Y. Page and Edward K. Woodward, be appointed to appraise said property and effects, so as aforesaid assigned.
**James Leppincott and John Lippincott. Plaintiffs. vs. William W. Price. Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and the defendant withdraws the Plea in abatement filed herein by him, and saying nothing further in bar or preclusein of the plaintiff's demand, it is on motion of said plaintiffs by their attorney, ordered by the court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find from such proofs that said defendant is indebted to said plaintiffs in the sum
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**April Term 1855.**
of nine hundred and eighty two dollars and ninety five cents. It is therefore considered and adjourned by the court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found [and also his costs and charges herein expended ?] and have thereof Execution
**James Lippincott, and John Lippincott, Plaintiffs. vs. Edward Brooks, Garnishee of William W. Price. Defendant.**
Judgment.
Now at this day come the parties aforesaid, by their respective Attorneys and waiving a Jury, submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the some, doth find from such proofs, that said defendant is indebted to said plaintiffs in the sum of Four hundred and fifty five dollars and twenty one cents. It is therefore considered and adjudged by the court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found, and also their costs and charges herein expended, as also the costs of the original suit on which this garnishment was founded, and have thereof Execution.
**Thomas S. Nelson. Plaintiff. vs. Henry Brown. Defendant.**
Bill of Exceptions filed.
**The State of Missouri. Plaintiff. vs. Robert O'Blenis, otherwise called Robert Mc O'Blenis. Defendant.**
Robert Mc O'Blenis, by his counsel makes application to the court, supported by his affidavit in that behalf, to take the examination of Stowell, alleged to be a material witness, residing in the State of Michigan, and Joel C. Gibbs, residing in the State of Illinois, and due notice having been given to the adverse party, The State of Missouri, of such application, and the State failing to appear thereto: the Court doth award a Commission to any Judicial officer of the State of Michigan to take the examination of said witness Stowell; and doth also award a like commission to any Judicial Officer of the State of Illinois to take the examination of said witness Joel C. Gibbs, upon the interrogatories this day settled by the Court, to be annexed to the said Commissions respectively according to the statute in such case made and provided.
The Court audits and allows an account of Turner Maddox, Esquire, Sheriff of Saint Louis County, amounting to One hundred and forty eight dollars and twenty five cents, for his attendance on court, and for stationery furnished for the use of the Court during the present term, and for summoning two special venires in Criminal cases, and orders that said account be certified to the county Court for payment.
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> Handwritten Page Number on Record Book: 127
**In Vacation.**
**William Eppelsheimer. Plaintiff. vs. George A. Phegley. Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing duly verified by affidavit, whereby he confesses him self indebted to said plaintiff in the sum of Five hundred and forty three dollars and fifty four cents, and consents that judgment be rendered against him for said sum. It is therefor considered that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as confessed and also his costs and charge herein expended, and have thereof Execution.
**Julius Hester. Plaintiff. vs. George Brauckmann. Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Two hundred and ten dollars, and consents that judgment be rendered against him for said sum. It is therefore considered that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed, and also his costs and charges herein expended, and have thereof Execution.
**George Henry Tribble, and Louisa Tribble. Plaintiffs. vs. George Brauckmann. Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to said plaintiffs in the sum of Two hundred and twenty dollars, and consents that judgment be rendered against him for said sum. It is therefore considered that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as confessed and also their costs and charges herein expended, and have thereof Execution.
**Joseph Kaminski. Plaintiff. vs. George Brauckmann. Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Eighty dollars, and consents that judgment be rendered against him for said sum. It is therefore considered that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed and also his costs and charges herein expended, and have thereof Execution.
**Valentine Readel. Plaintiff. vs. George Brauckmann. Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Three hundred and thirty dollars, and consents that judgment be rendered against him for said sum. It is therefore considered that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed and also his costs and charges herein expended, and have thereof Execution.
**Ludwick Paulmann. Plaintiff. vs. George Brauckmann. Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Forty four dollars and ninety five cents, and consents that judgment be rendered against him for said sum. It is therefore considered that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed, and also his costs and charges herein expended, and have thereof Execution.
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> Handwritten Page Number on Record Book: 128
**Saturday, July 28. 1855. In Vacation.**
**Philip Kriger. Plaintiff. vs. George Brauckmann. Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of One hundred and fifteen dollars, and consents that judgment be rendered against him for said sum. It is therefor considered that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as confessed and also his costs and charges herein expended, and have thereof Execution.
**Henry Wedemsier. Plaintiff. vs. George Brauckmann. Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Sixty eight dollars and sixty five cents, and consents that judgment be rendered against him for said sum. It is therefore considered that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as confessed and also his costs and charges herein expended and have thereof Execution.
**George Doab. Plaintiff. vs. George Brauckmann. Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Sixty six dollars, and consents that judgment be rendered against him for said sum. It is therefore considered that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as confessed and also his costs and charges herein expended, and have thereof Execution.
**Charles Ahrens. Plaintiff. vs. George Brauckmann. Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Three hundred and twenty nine dollars and fifty cents, and consents that judgment be rendered against him for said sum. It is therefore considered and adjudged that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as confessed, and also his costs and charges herein expended, and have thereof Execution.
**John B. Strauch. Plaintiff. vs. George Brauckmann. Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Three hundred and two dollars, and consents that judgment be rendered against him for said sum. It is therefore considered that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as confessed, and also his costs and charges herein expended, and have thereof Execution.
**Jacob Rosenbaum. Plaintiff. vs. George Brauckmann. Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Five hundred and fifty dollars, and consents that judgment be rendered against him for said sum. It is therefore considered that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed, and also his costs and charges herein expended, and have thereof Execution.
**Theodore Wolff, and Sebastian Engert. Plaintiff. vs. George Brauckmann. Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Seventeen hundred and two dollars, and consents that judgment be rendered against him for said sum. It is therefore considered that said plaintiffs recover of said defendant the sum aforesaid inform aforesaid as confessed and also his costs and charges herein expended, and have thereof Execution.
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> Handwritten Page Number on Record Book: 129
**Monday, September 17th 1855. In Vacation.**
**Robert Parham Jr. Plaintiff. vs. William L. Maddock, Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Four Hundred and twenty one dollars and eighty five cents, and consents that judgment be rendered against him for said sum. It is therefore considered that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed, and also his costs and charges herein expended, and have thereof Execution.
**Frederick Lundhorst, Plaintiff. vs. Dietrich Woestendick, Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Six hundred dollars, and consents that judgment be rendered against him for said sum. It is therefore considered that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed, and also his costs and charges herein expended, and have thereof execution.
**Henrich Loreg, Plaintiff. vs. Dietrich Woestendick Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Five hundred and fifty dollars, and consents that judgment be rendered against him for said sum. It is therefore considered that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed and also his costs and charges herein expended, and have thereof execution.
**William Sellew, Enos Sellew, Orman Sellew, Ralph Sellew, trading under the name and style of Sellew & Co. Plaintiffs. vs. Dietrick Woestendick, Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to said plaintiffs in the sum of Five hundred and eighty eight dollars and fifty four cents, and consents that judgment be rendered against him for said sum. It is therefore considered that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as confessed, and their costs and charges herein expended, and have thereof Execution.
**Albert B. Hensley, Plaintiff. vs. Robert Dickey, Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to said Plaintiff in the sum of Five hundred and two dollars and thirty two cents, and consents that judgment be rendered against him for said sum. It is therefore considered and adjudged that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as confessed, and their costs and charges herein expended and have thereof execution.
**Uriah Raub, Plaintiff. vs. Dietrick Woestendick, Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Two hundred and fifty eight dollars and fifty one cents, and consents that judgment be rendered against him for said sum. It is therefore considered and adjudged that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed and their costs and charges herein expended and have thereof Execution.
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> Handwritten Page Number on Record Book: 130
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> Handwritten Page Number on Record Book: 131
**October Term 1855. Monday October 22d 1855.**
**State of Missouri vs. County of St. Louis**
Be it remembered that at a term of the St. Louis Circuit Court begun and held at the City of St. Louis, within asnd for the County of St. Louis and State of Missouri, in the fourth Monday of October, being the twenty second day of said month, in the year of our Lord One thousand eight hundred and fifty five, were present the Honorable Alexander Hamilton, Judge of said Court, Turner Maddox Esquire, Sheriff of St Louis County, and William J. Hammond, Clerk of said Court.
It is ordered by the Court that the Sheriff of St Louis County summon for each and every week during the present term of this Court, twenty four good and lawful men, to serve as Jurors in this Court, until the further order of this Court.
**In the matter of the assignment of George K. Budd**
Now at this day comes Henry Hitchcock, assignee of George K. Budd by appointment and order of this court heretofore made in this behalf and presents in Open Court his final Report as such assignee, and moves that the said Report and his accounts as such assignee as therein stated be finally confirmed and approved and that he be discharged from further duty [and responsibility ?] in ths behalf. Whereupon it is ordered by the Court that his said Report be filed, and that the same be referred to Samuel A. Holmes Esquire, an Attorney of this Court, to examine and audit said accounts and that said auditor report thereon to the Court. And afterwards comes said Samuel A. Holmes, appointed as above, to examine and audit the final Report and accounts of Henry Hitchcock assignee as aforesaid, and files his report as such auditor in this behalf. And it appearing to the Court that the said final Report of said assignee and the accounts and vouchers therewith filed are just and correct, and that the entire assets of said assigned estate have been collected and distributed pro rata by said assignee among the creditors entitled to the same under and pursuant to the provisions of said deed of assignment. it is thereupon ordered by the Court that said assignee's accounts be and the same are confirmed, allowed and approved.
**John Maguire Plaintiff. vs. William Thomas Garnishee of Henry C. Brown. Defendant.**
Replication denying answer of Garsnishee, filed.
**Charles L. Hunt. Plaintiff. vs. James T. Mc Jilton &c. Defendants.**
Answer of John Mayger filed.
**Emilie Mc Donough, Plaintiff. vs. John Mc Donough, Defendant.**
Proof of Publication filed.
**Catharina Stow, Plaintiff. vs. John Stow, Defendant.**
Proof of Publication filed.
**Berthia P. Ligget, Plaintiff. vs. Christian M. Ligget, Defendant.**
Answer filed.
**Henry April, Plaintiff. vs. James S. Thomas, Defendant.**
Answer & Off set, filed.
William Sturmann, Plaintiff. vs. Frederick Heamann, Defendant.
Answer filed.
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> Handwritten Page Number on Record Book: 132
**October Term 1855. Monday October 22d 1855.**
Sheriff's Deed. Turner Maddox, Esquire, Sheriff of St. Louis County, comes into Open Court and acknowledges the execution by him as Sheriff as aforesaid of a deed to Richard R. Field, Reuben Beardslee, John K. Field, Isaac N. Field and Pheneas Beardslee, of all the right, title, interest, claim, estate and property of Herman Pieper of, in and to the following described real estate, situate in the County of St Louis Missouri; One lot of ground in Julia C. Soulard's first addition, being Lot No. 2, Block 54 of said addition, thirty feet front on East side Jackson street and 140 feet deep to an Alley 20 feet wide, being the same lot which the said party of first part purchased of Edward Riehl and wife, by deed dated 13th February 1845; also Lot No. 3, in series C. commencing at the N. W. corner of lot No. 2, running thence southwardly with the western line of said lot No. 2, 154 feet 9 inches more or less to the southern line of said series C. thence westwardly with said southern line 107 feet, thence northwardly and parallel with the eastern line of this lot, 154 feet 8 inches, more or less to the northern line of said series C. thence Easterly with said northern line 107 feet to beginning, bounded north by the northern boundary of series C. East by lot No. 2. South by the Southern boundary of said series, and West by lot No. 4 in said series C. sold by virtue and under authority of Four Executions issued from the Clerk's Office of the St. Louis Circuit Court, one in Favor of Patrick Slevin et. al. numbered 162. One in favor of Thomas Slevin et. al. numbered 163, One in favor of Joseph A. Eddy, numbered 164, and one in favor of Richard R. Field et. al. numbered 167, and all against the said Herman Peiper, and all dated the seventeenth day of May A.D. 1855.
Stephen T. Dunklin, Rachel E. Dunklin, Edward Bredell, Angeline C. Bredell, Eliza M. Perry, John P. Mc Guire, Sarah Ann Perry, John Wiatt, Eliza M. Wiatt, Samuel N. Perry, Alfred Chadwick, William M. Small, William E. Browne, Joseph T. Browne, & Robert H. Browne. In Petition.
Now at this day come the said parties, by their attorney, and present to the Court their petition for the partition of the real estate therein described; and this cause is submitted to the Court upon said petition and proofs, and the Court doth ascertain and determine therefrom that the parties aforesaid are the owners in the manner herein after set forth, of the said real estate, to wit: Survey Number 2215, in Township 30 north, of Range 11 east; situated in the County of Cape Girardeau, State of Missouri, and containing six hundred and forty acres. And the Court doth further ascertain and determine the respective interests of said parties, and their shares and proportions in said real estate, as follows, to wit: the said Eliza M. Perry owns one undivided half thereof; the said Rachel E. Dunklin, Angeline C. Bredell, John P. Mc Guire, Sarah Ann Perry, Eliza M. Wiatt, Samuel N. Perry, Alfred Chadwick, & William M. Small, each one undivided eighteenth; and the said William E. Browne, Joseph T. Browne, and Robert H. Browne, each, one undivided fifty fourth. And the Court doth order, adjudge and decree that partition of said real estate be made among said parties according to their respective rights and interests therein, ascertained & determined: and it appearing to the Court from the nature & amount of said property, and the number of the owners thereof, that partition thereof in kind cannot be made without great prejudice to said owners, it is ordered and adjudged that the sheriff of the County of Cape Girardeau proceed to sell, as directed by law, all the right, title and interest of said parties, of, in and to the said real estate, in the following terms, to wit: one third of the purchase money to be paid in cash at the time of the sale, and the remainder in two equal payments, to six and twelve months thereafter, the deferred payments to bear interest at the rate of six per centum per annum, and to be secured by negotiable notes & deed of trust on the property sold, and that said Sheriff report his proceedings therein to this Court according to law. And the Court doth appoint Charles D. Drake, to be a Commissioner, to receive from said Sheriff the proceeds of the sale of said property, and to take the notes and deed of trust given by the purchaser thereof at the sale so ordered, and that he report to the Court, from time to time, his proceedings as such Commissioner. And it is further ordered that said Sheriff immediately pay over to said Charles D. Drake, all the moneys paid into his hands on account of the sale of said property, after deducting and retaining his fees and commissions allowed by law; and that the notes executed for said deferred payments be made payable at the Bank of the State of Missouri, to the order of said Charles D. Drake as such Commissioner.
**William H. Hackett Plaintiff. vs. John Simonds, et. al. Garnishees of George T. & Horace L. Brady. Defendants.**
Allegations & Interrogatories filed.
**James Cutter et. al. Plaintiff. vs. Samuel B. Moore Garnishee of David Francis &c. Defendants.**
Plaintiff's statement filed, and answer of Garnishee filed.
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> Handwritten Page Number on Record Book: 133
**October Term 1855. Monday October 22nd 1855**
**Ellen Jones, Plaintiff vs Mirion Jones, Defendant.**
Order if Publication.
It appearing to the satisffaction of the Court from the affidavit of the plaintiff that said defendant is a non resident of the State of Missouri and cannot be served with precefs. It is therefore, on motion of said plaintiff by her attorney. Ordered by the Court that said defendant be notified by the satisfaction according to sum of this order, that said plaintiff has institute suit against him in the St. Louis Cercuit Court, the object of which is to attain a diverce from him on the grounds of desertion and that unless he be and appear as the next term of said Court to the begun and held as the City of St. Louis within and for the County of St Louis and State of Missouri on the second Monday in March next and an or before the sixth day thereof answer the plaintiff petition the same will be taken against him as confessed.
**Jane Nalsh, Plaintiff vs Millian Nalsh, Defendant**
Order of Publication.
It appearing to the satisffaction of the Court from the affidavit of the plaintiff that said defendant is a non resident of the state of Missouri and cannot be served with Precefs. It is therefore, on motion of said plaintiff by her attorney. Ordered by the Court that said defendant be notified by the satisfaction according to sum of this order, that said plaintiff has institute suit against him in the herein in the St. Louis Cercuit Court, the object of which is to attain a diverce from him on the grounds of desertion and that unless he be and appear as the next term of said Court to the begun and held as the City of St. Louis within and for the County of St. Louis and State of Missouri on the second Monday in March nest and an or before the sixth day thereof answer the petition of said plaintiff the same will be taken against him as confessed.
**The State of Missouri, Plaintiff. vs James Shannon alias James Geldersleeve. Defendant**
Indictment for Forgery.
Now at this day this cause being called for trial, and the State not being called for trial, this said cause was upon the motion of the Circuit attorney, continued for the State, whereupon the defendant by his attorney filed his certain motion for a dischanrge from further procecution under the said Indictment and the Court having duly heard and considered the same and being fully advised of and concerning the said motion, doth consider and adjudge that the same be sustained and that the said prisoner be discharged from the further custody of the Jailer of St. Louis County and from further prosecution under this indictment.
**The State of Missouri, Plaintiff vs Wilson C. Baker, Defendant**
Now at this day this cause being called for trials, defendant applies for a continuance and files his affidavit in support thereof; but the Counsel for both parties conserting thereto, this cause is set for trial as the fous of the trial Ducker of the present term.
**Peter S. Ham, Plaintiff vs Isaac W. Taylor & Edwin R. Mason. Defendants**
On motion off the plaintiff by his attorney, it is ordered by the Court that this cause be dismised as to the defendant Isaac W. Taylor.
**Osmon Reid, Plaintiff vs John P. Capelle. Defendant**
Answer filed.
**James M. Skelton, Plaintiff vs Mary Cenn Skelton, Defendant**
Proof of Publication filed.
**The City of St. Louis to the use of James C. Campbell, Plaintiff vs John W. Williams etal Defendant.**
Answer filed.
**Michael Cayon, Plaintiff. vs Margaret Cayon, Defendant**
Answer & Cross Bill filed.
**Fredirick Garsie, Plaintiff vs Caspor W. Peeppeler, Defendant.**
Motion to dissolve injunction on stay of execution filed.
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> Handwritten Page Number on Record Book: 134
**October Term 1855. Monday October 22nd 1855.**
**Jurgen Bomhoft, Plaintiff. vs Anthony C. Menkens, et.al. Defendants.**
Answer of A. H. & D. B. Menkins, filed.
**William Lottomer et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
On motion of John Farrell, garnishee it is ordered by the Court that he be discharged as such garnishee.
**In the Matter of the Runaway slaves of John Best.**
Now at this day comes Matthew Randolph and files his motion for an order on the Sheriff to pay over to him the residue of the reward in his hand for the apprehension of said slaves, and the Court having duly heard and considered the same, doth order that said motion be sustained.
**St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. James Clemens and others. Defendants.**
Now at this day come said plaintiff by its Attorney of record, and defendants come not, and also come Charles K. Dickson, Sullivan Blood, James G. Barry and John Maguire, Commissioners heretofore appointed in this cause, and report to the Court that Charles K. Dickson is incompetent is serve as such commissioner because he is not disinterested in said cause, but is a stockholder of said Company; whereupon siad plaintiff moves the Court to discharge said Charles K. Dickson and appoint a Commissioner in his stead according to law; and thereupon the Court being fully advised in the promises doth discharge said Charles K. Dickson and appoints in his stead. as such Commissioner, Wm. W. Greene: and the Court doth further order that said Commissioners meet as plaintiffs Office in the City of Saint Louis on the 29th day of October 1855 as 10 o'clock A.M.
**St. Louis & Iron Mountain Rail Road Company, Plaintiff vs Barton Bates and others. Defendants.**
Now at this day come said plaintiff by its Attorney of record, and defendants come not, and also come Charles K. Dickson, Sullivan Blood, James G. Barry and John Maguire, Commissioners heretofore appointed in this cause, and report to the Court that Charles K. Dickson is incompetent is serve as such Commissioner because he is not disinterested in said cause, but is a stockholder of said Company; whereupon said plaintiff moves the Court to discharge said Charles K. Dikson and appoint a Commissioner in his stead according to law; and thereupon the Court being fully advised in the premises doth discharge said Charles K. Dickson and appoints in his stead, as such Commissioner, Wm. W. Greene and the Court doth further order that said Commissioners meet as plaintiffs Office in the City of Saint Louis on the 29th day of October 1855 as 10 o'clock A.M.
**St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. Elizabeth Bockwinkle & Herman Lindeman, Defendants.**
Now at this day comes said plaintiff by its attorney of record and defendants come not, and also come Charles K. Dickson, Sullivan Blood, James G. Barry and John Maguire, Commissioners heretofore appointed in this cause, and report to the Court that Charles K. Dickson is incompetent to serve as such Commissioner because he is not disinterested in said cause, but is a stockholder of said company; whereupon said plaintiff moves the Court to discharge said Charles K. Dikson and appoint a Commissioner in his stead according to law: and thereupon the Court being fully advised in the promises doth discharge said Charles K. Dickson and appoint in his stead as such Commissioner Wm. W. Greene: and the Court doth further order that said Commissioners meet at plaintiffs Office in The City of Saint Louis on the 29 the day of October 1855 as 10 o'clock A.M.
**St. Louis & Iron Mountain Rail Road Company, Plaintiff vs. Melser Fine and others, Defendants.**
Now at this day come said plaintiff by its Attorney of record, and defendants come not, and also come Charles K. Dickson, Sullivan Blood, James G. Barry and John Maguire, Commissioners heretofore appointed in this cause, and report to the Court that Charles K. Dickson is incompetent to serve as such Commissioner because he is not disinterested in said cause, but is a stockholder of said company; whereupon siad plaintiff moves the Court to discharge said Charles K. Dikson and appoint a commissioner in his stead according to law: and thereupon the Court being fully advised in the premises doth discharge said Charles K. Dickson and appoint in his stead as such Commissioner, Wm. W. Greene, and the Court doth further order that said Commissioners meet at plaintiffs Office in The City of Saint Louis on the 29th day of October 1855 as 10 o'clock A.M.
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> Handwritten Page Number on Record Book: 135
**October Term 1855. Monday October 22d 1855.**
**St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. Margaret Thiele & others. Defendants.**
Now at this day comes said plaintiff by its Attorney of record and defendants come not, and also come Charles K. Dickson. Sullivan Blood, James G. Barry & John Maguire, Commissioners heretofore appointed in this cause, and report to the Court that Charles K. Dickson is incompetent to serve as such commissioner because he is not disinterested in said cause, but is a stockholder of said company: whereupon said plaintiff moves the Court to discharge said Charles K. Dickson and appoint a Commissioner in his stead according to law: and thereupon the Court being fully advised in the premises. doth discharge said Charles K. Dickson, and appoints in his stead, as such comissioner, Wm. W. Greene: and the Court doth further order that said Commissioners meet at plaintiffs office in the City of Saint Louis in the 29th day of October 1855 at 10 o'clock A.M.
**St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. Charles Chambers & Jane Chambers, Defendants.**
Now this day come said plaintiff by its Attorney of record and defendants come not, and also come Charles K. Dickson, Sullivan Blood, James G. Barry & John Maguire, Commissioners heretofore appointed in this cause, and report to the Court that Charles K. Dickson is incompetent to serve as such Commissioner, because he is not disinterested in said cause, but is a stockholder of said Company: whereupon said plaintiff moves the Court to discharge said Charles K. Dickson and appoint a Commissioner in his stead according to law: and thereupon the Court being fully advised in the premises, doth discharge said Charles K. Dickson, and appoints in his stead, as such Comissioner, Wm. W. Greene: and the Court doth further order that said Commissioners meet at plaintiffs office in the City of Saint Louis the 29th day of October 1855 at 10 o'clock A.M.
**St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. William S. Harney & wife. Defendants.**
Now at this day come said plaintiff by its Attorney of record and defendants come not, and also come Charles K. Dickson Sullivan Blood, James G. Barry & John Maguire, Commissioners heretofore appointed in this cause, and report to the Court that Charles K. Dickson is incompetent to serve as such Commissioner, because he is not disinterested in said cause, but is a stockholder of said Company: whereupon said plaintiff moves the court to discharge said Charles K. Dickson and appoint a Commissioner in his stead according to law: and thereupon the court being fully advised in the premises, doth discharge said Charles K. Dickson and appoint in his stead, as such Comissioner, Wm. W. Greene: and the court doth further order that said Commissioners meet at plaintiffs office in the City of Saint Louis the 29th day of October 1855 at 10 o'clock A.M.
**The St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. John L. Hardeman, Glen O. Hardeman and Cornelia his wife, Leona Cordell and James Deemica her trustee, Thomas Hardeman, and his three children, Cornelia L. Constant L. and Jacob T Hardeman. Defendants.**
This day comes the plaintiff by its Attorney of record, and defendants come not, and it appearing to the Court, that plaintiff have presented its petition, after due notice to the defendants, said petition showing that defendants are owners of or have an interest in land in said County, over which the railroad of said plaintiff has been located, and that said land is the following, to wit: the south half of bolck twelve of the old town of Carondelet, said half block being bounded on the north by land now or lately of August Gamache Junior, south by L street, east by Water street, and west by Main street, having a front of one hundred and sixty feet on Main street, and attending, with a like width, three hundred and twenty feet, to Water street: also the north half of Blocks Fourteen in said old town of Carondelet, said half block being bounded on the north by M. street, south by land now or lately of Gottlieb Oettinger, east by Water street and west by Main street, having a front of one hundred and sixty feet on Main street, and attending, with a like width, three hundred and twenty feet, to Water street; all lying and being in the County of Saint Louis aforesaid, and the roadway of said road is as laid out as to cover a strip of land in each of said half boocks running from north to south through the centre of said half block, fifty feet wide (twenty five feet wide on each side of a straight line drawn through said blocks equidistant from said Main and Water streets), by a length equal to the width of said half blocks, from their northern to their southern lines, respectively, that the land last described is required for the purpose of constructing and operating said road, and for a roadway, that plaintiff is unable to acquire title to said land because same of the claimants are minors, and praying the Court to appoint commissioners of apperaisal to ascertain and appraise the compensation, if any, to be made to the owner or person interested in the real estate proposed to be taken as aforesaid, and otherwise proceed according to law; and it appearing to the Court that due notice has been given defendants, to the Court upon due consideration orders and appoint W. W. Greene, Sullivan Blood, James G. Barry, William Milburn and John Meguire, five disinterested and competent persons who reside in this county, and directs them to appraise and ascertain the compensation to be made, if any, to the owners or persons interested in said eral erstate. It is further ordered that said commissioners before proceeding under this order, take an oath before some competent officer, faithfully and impartially to discharge the duties imposed upon them as such commissioners, and that they meet as plaintiffs office in the city of Saint Louis on the
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> Handwritten Page Number on Record Book: 136
**October Term 1855. Monday October 22d 1855.**
twenty ninth day of October instant as ten o'clock A.M. and that they make report of their proceedings, accompained by a plat of this land herein described, to this Court, with all convenient despatch.
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs. Henry Chouguette and Antoine Chouguette, by their guardian Julien Chouguette. Defendants.**
This day comes the plaintiff by its attorney of record and defendants come not, and it appearing to the Court, that plaintiff has presented its petition, after due notice to the defendants, said petition showing that defendants are owners of or have an interest in land in said County, over which the railroad of said plaintiff has been located, and that said land is the following, to wit: two lots in block thirteen of the old town of Carondelet in said County of Saint Louis, one having a front of eighty feet westwardly in Main street, and extending, eastwardly with a like width, One hundred and sixty feet more or less, to the centre line (from north to south) of said block, and bounded on the east by said centre line, on the west by main street, in the south by land now or lately of Michael Peters's estate, and on the north by land now or lately of Francis Paupeney: and the other lot having a front northwardly on L street, of eighty feet and extending southwardly, with a like width, one hundred and sixty feet more or less, to the centre line (from east to west) of said block, and bounded north by L street aforesaid, south by land now or lately of Michael Peters's estate, east by land now on lately of P. A. Bertholas estate, and west by the centre line from north to south, of said block, and the roadway of said road is so laid out as to cover a strip twenty five feet wide, off the eastern and of said first named lot, and extending from the northern to the southern line thereof; and also a strip twenty five feet wide, off the western side of said second named lot, and extending from the northern to the southern line thereof. That the land last described is required for the purpose of constructing and operating said road, and for a roadway, plaintiff is unable to acquire title to said land because said claimants are miners, and praying the Court to appoint Commissioners of appraisal to ascertain and appraise the compensation, if any, to be made to the owner or person interested in the real estate proposed to be taken as aforesaid, and otherwise proceed according to law; and it appearing to the Court that due notice has been given defendants, the Court, upon due consideration orders and appoints W. W. Greene, Sullivan Blood, James G. Barry, William Milburn and John Maguire, five disinterested and competent persons who reside in this County, and directs them to appraise and ascertain the compensaion to be made, of any, to the owners or persons interested in said real estate. It is further ordered that said commissioners before proceeding under this order, take an oath before some conpetent officer, faithfully and impartially to discharge the duties imposed upon them as such commissioners, and that they meet at plaintiffs office in the City of Saint Louis on the twenty ninth day of October instant as ten o'clock A.M. and that they make report of their preoceedings, accompained by a plat of the land herein described, to this court, with all convenient dispatch.
**The St. Louis & Iron Mountain Rail Road Company. Plaintiff. vs John Klint and Catherine his wife, William Mehl and Elizabeth his wife. Philip Gephardt and Mary his wife, Jacob Ellinger and Melinda his wife, Jacob Kart, George Kart, Peter Kart, Frederick Kart & Henry Kart. Defendants.**
This day comes the plaintiff by its Attorney of record, and defendants come not, and it appearing to the Court that plaintiff has presented its petition, after due notice to the defendant, said petition showing that defendants are owners of or have an interest in land in said County, over which the raid road of said plaintiff has been located, and that said land is the following, to wit: atract of land lying and being in said Saint Louis county in Carondelet Township, and bounded east by the Mississippi River, North by land now on lately of Henry Geate, West by land of persons unknown, and south by land now or lately of Benjamin Finis hiers. And the roadway of said road is so laid out as to cover so much of said tract as lies between the Mississippi River and the centre line of said roadway, as laid down on the plat and certificate filed according to law by said plaintiff in the Clerks office of Saint Louis County, from station eight hundred and three and eighty hundredths to station eight hundred and twenty four and fifty hundredths, (both stations of the centre line of said roadway), more or less: and also a strip fifty feet wide, and extending along the western side of said centre line between said stations (more or less) from the northern to the southern boundary of said tract: said portion and the land between the Mississippi Rive and said centre line, comprising six acres and seventy one hundredths of an acre, that the land last described is required for the purpose of constructing and operating said road, and for a roadway, plaintiff is unable to acquire title to said and because some of said defendants are miners, and praying the Court to appoint Commission is of appraisal to ascertain and appraise the compensation, if any, to be made to the owner or person interested in the real estate proposed to be taken as aforesaid, and otherwise proceed according to law; and it appearing to the Court that due notice has been given defendants, the Court, upon due considaration orders and appoints W. W. Greene Sullivan Blood, James G. Barry, William Milburn and John Maguire, five disinterested and competent persons who reside in this county and directs them to appraise and ascertain compensation to be made, if any, to the owners or persons interested in said real estate. It is further ordered that said Commissioners before proceeding under this order, take an oath before some competent officer, faithfully and impactially to discharge the duties imposed upon them as such Commissioners, and that they meet at plaintiffs office in the City of Saint Louis in the twenty ninth day of October instant at ten o'clock A.M. and that they made report of their proceedings acompained by a plat of the land herein described, to this Court, with all convenient despatch.
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> Handwritten Page Number on Record Book: 137
**October Term 1855. Tuesday October 23d 1855.**
The Court met pursuant to adjournment, Present as before.
**Marie Tison by next friend, Plaintiff. vs. Francis Tison Defendant.**
Demurrer filed.
**Enoch W. Clark, et. al. Plaintiffs vs. William Tanner. Defendant**
Now at this day comes the defendant by his attorney and enters his appearance to this suit, and in his motion thirty days time is given him to answer herein.
**The State of Missouri, Plaintiff. vs. Robert W. Harris, Defendant.**
Upon an Indictment for an attempt to commit Burglary in the 2nd degree.
Now at this day come the Circuit Attorney who prosecute for the State, and by leave of Court says he will not further prosecute the said indictment against the said defendant but voluntarily suffers the same to be discontued. It is thereof considered by the Court that said defendant be discharged from said indictment and go thereof without day.
**Joseph Street, et. al. Plaintiffs. vs. John Bray & John W. Irvin. Defendants.**
Demurrer by defendant Irwin, filed.
**Louis A. Benoist. & John R. Shaw, Plaintiffs vs. Ezekiel B. Kemball, Defendant.**
Dismissal.
On motion of the plaintiffs by their Attorney, it is ordered by the Court that this cause be dismissed as the costs of said plaintiffs and that execution issue therefor.
**Louis A. Benoist. & John R. Shaw. Plaintiffs. vs. Samuel Engler, Defendant.**
Dismissal.
On motion of the plaintiffs by their Attorney, it is ordered by the Court that this cause be dismissed as the costs of said plaintiffs and that execution issue therefor.
**Read A. Williams et. al. Plaintiffs. vs. Joseph H. White, Defendant.**
Amended Petition filed, Answer filed.
**Bernard Keeking, Plaintiff. vs. Jacob Blattner, Defendant**
Dismissal.
On motion of the plaintif by his Attorney, it is ordered be the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**The State of Missouri, Plaintiff. vs. Michiel Dugan, Defendant.**
Motion for order on County Marshall filed, and the Court having duly heard and considered the same and being fully advised of and concerning the premeses, doth consider that said motion be overuled.
**Joseph A. Eddy et. al. Plaintiffs. vs. John H. Dickman. Defendant.**
Denial of Affidavit filed.
**Cyrinius C. Simmons, et. al. Plaintiffs. vs. Elizabeth Royce. Defendant.**
Answer filed.
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**Viewer Page 146** (rcdbook1855_25_0145.jpg)
> Handwritten Page Number on Record Book: 138
**October Term 1855. Tuesday October 23d 1855.**
**Enoch Clark et. al. Plaintiffs. vs. Joseph H. White. Defendant.**
Answer filed.
**Michael Murphey &c. Plaintiffs. vs. Benjamin F. Hickman. Defendant.**
Answer to Amended Petition filed.
**John Levy. Plaintiff. vs. Emanuel Bondi, Defendant.**
Answer filed.
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**Viewer Page 147** (rcdbook1855_25_0146.jpg)
> Handwritten Page Number on Record Book: 139
**October Term 1855. Wednesday October 24th 1855.**
The Court met pursuant to adjornment. Present as before.
**John S. Mowry et. al. Plaintiffs. vs. Dayton J. Card, Defendant.**
Motion and reasons for security for costs filed, and on motion of defendant by his Attorney, it is ordered by the Court that the plaintiffs be stayed from further proceeding herein until the notes referred to in the petition be filed and notice thereof given on defendant.
**Thomas C. Bate, Plaintiff. vs. W. Seelye garnishee of Thomas G. Stewart, Defendant.**
Statement & Interrogatories filed.
**The State of Missouri, Plaintiff. vs. Henry Godfrey, Defendant.**
Upon an Indictment for Gambling.
Now at this day comes the Circuit Attorney who prossecutes for the State, and by leave of Court says he will not further prosecute the said indictment against the said defendant but voluntarily suffers the same to be discontinued. It is therefore considered by the Court that said defendant be discharged from said indictment and go thereof without day.
**The State of Missouri, Plaintiff. vs. Joseph Simmers, Defendant.**
Upon an Indictment for obtaining goods under false pretences.
Now at this day comes the Circuit Attorney who prosecutes for the State, and the defendant being solemnly called comes not but makes default, and is appearing to the Court that the defendant has not been recognised to appear in this Court to answer to the said charge according to the law expecting charges of venue to this court and that the only recognisance appearing herein is for the appearance of the defendant in the Court of Common Pleas in this County, plaintiff being suggested to the Court the issuance of further process would be unavailing herein, it is therefore ordered by the Court that no Capias issue at this time and that the cause be continued generally.
**Asa S. Jones et. al. Plaintiffs. vs Wm. H. Timberlake garnishee of Daniel A. Million, Defendant.**
Allegations & Interrogatories filed.
**Joseph Waite. Plaintiff. vs. John Gilman et. al. Defendants.**
Amended Answer of Carr & Rogers filed.
**Henry Von Phul et. al. Plaintiffs. vs. James M. Mc. Faden, et. al. garns., Defendants.**
Allegations & Interrogatories filed.
**Jacob Baker Plaintiff. vs. William Zigingham et. al. Defendants.**
On motion it is ordered that the plaintiff within twenty days from this date file a bond with security for the cost which may accrue herein.
Giaconds Bulls who is personally known to the Court, comes into open court and acknowledges the execution by him of a deed of emancipation to Jane Garnett, a regress aged about fifty years.
**Morris Rosenheim. Plaintiff. vs. Leopold Fisher. Defendant.**
Dismissal.
On motion of the plaintiff by his Attorney, it is ordered by the Court, that this cause be dismissed as the costs of said plaintiff and that execution issue therefore.
**Enoch W. Clark, et. al. Plaintiffs. vs. Thomas E. Courtenay, Defendant.**
Answer filed.
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**Viewer Page 148** (rcdbook1855_25_0147.jpg)
> Handwritten Page Number on Record Book: 140
**October Term 1855. Wednesday October 24th 1855.**
**Richard K. Swift et. al. vs. Robert H. Davis**
Answer filed.
**William Cowperthwaite vs. Tracy P. Turner**
Plea in Abatement filed.
**Alexander Zigler vs. Turner Maddox**
Answer filed.
**Henry N. Hart, et. al. vs. George Morton, et. al.**
Answer filed.
**Joseph R. Wendover vs. Isaac D. Wise**
Demurrer to plaintiffs petition filed.
**Daniel C. Michael, vs. Isaac T. Wise.**
Demurrer filed, and Answer to part of plaintiff's petition & off set, filed.
**Henry Levis Jr, et. al. vs. Henry Lyons.**
Answer filed.
**Joseph F. Pollock's Admr. vs. Dominic J. Childs, et. al.**
Seperate Answers of Dominic J, & Nathaniel Childs Jr, and Demurrer by defendant Lacy, filed.
**Thomas A. Buckland, vs. Dominick J. Childs, et. al.**
Seperate Answer of Dominick J, & Nathaniel Childs Jr, filed.
**William A. Mc Murray vs. 79. Dominick J. Childs, et. al.**
Separate Answers of Dominick J, & Nathaniel Childs Jr, and Answer of defendants Ricords, Lacy & Thornburgh filed.
**William A. Mc. Murray, vs. Dominick J. Childs et. al.**
Seperate Answers of Dominck J, & Nathaniel Child Jr, and Answer of defendants Ricords, Lacy & Thornburgh filed.
**Chester C. Ford vs. Dominic J. Childs, et. al.**
Separate answers of Dominic J, & Nathaniel Childs Jr, and Demurrer by Ricords & Ivory, filed.
**William A. Mc. Murray, vs. Dominic J. Childs, et. al.**
Separate answers of Dominic J, & Nathaniel Childs Jr, and answer of defendants Ricords & Lacy, filed.
**Joseph C. Barlow, vs. Dominick J. Childs, et. al.**
Separate answers of Dominick J, & Nathaniel Childs Jr, and answer of defendants Ricords & Thornburgh, filed.
**Sydney S. German, vs. Lewis F. Lacy, et. al.**
Answer of Lacy & Ricords, and separate answers of Dominic J, & Nathaniel Childs Jr, filed.
**Charles Wiggins, vs. Dominick J. Childs, et. al.**
Seperate answer of Dominick J, & Nathaniel Childs Jr, and Demurrer by defendants Lacy & Ricords, filed.
**Jothan Bigelow Jr, vs. Dominic J. Childs, et. al.**
Seperate answer of Dominick J. & nathaniel Childs, Jr, and Demurrer by Lacy Ricords, filed.
**James C. Lucas, et. al. vs. Lewis F. Lacy, et. al.**
Answer of Lacy & Sefton, and answer of defendant Childs, filed.
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**Viewer Page 149** (rcdbook1855_25_0148.jpg)
> Handwritten Page Number on Record Book: 141
**October Term 1855. Wednesday October 24th 1855.**
**James H. Lucas, et. al. vs. Philip Casur, et. al.**
Answer of N. Childs Jr. filed.
**James H. Lucas, et. al. vs. Michael Schmidt, et. al.**
Answer of N. Childs Jr. filed.
**Cornelius M. Shell, vs. Hiram M. Leffingwell, et. al.**
Demurrer filed.
**David S. Morrow vs. Ezra O. English**
Demurrer filed.
**Francis J. Creley's Admr. vs. Daniel D. Page &c.**
Answer filed.
**John H. Price, vs. Daniel D. Page, et. al.**
Answer filed.
**Henry Werneke, vs. Daniel D. Page, et. al.**
Answer filed.
**Barnet L. Solomon, et. al. vs. Daniel D. Page, et. al.**
Answer of defendants Daniel D. Page & Henry D. Bacon, filed.
**Catharine J. Mc. Caslin, vs. Daniel D. Page, et. al.**
Answer of defendants Page, & Bacon, filed.
**John P. Hawley et. al. vs. Daniel D. Page, et. al.**
Answer of defendants Page & Bacon, filed.
**Joseph B. Mills, vs. Daniel D. Page, et. al.**
Answer of defendants Page & Bacon filed.
**Hyacinth Pigeon, vs. Daniel D. Page, et. al.**
Answer filed.
**John S. Porter, vs. Daniel D. Page, et. al.**
Answer filed.
**Sanford E. Wilson, vs. Daniel D. Page, et. al.**
Answer filed.
**James E. Bouldin, vs. Daniel D. Page, et. al.**
Answer filed.
**Thomas J. Beirne, vs. Daniel D. Page, et. al.**
Answer filed.
**Jacob Frysinger vs. Daniel D. Page, et. al.**
Answer filed.
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> Handwritten Page Number on Record Book: 142
**October Term 1855. Thursday October 25th 1855.**
The Court met persuant to adjournment, Present as before.
**Charles Mueller's Admr. Plaintiff. vs. Frederick Mueller, Defendant.**
Demurrer filed.
**William Steele. Plaintiff. vs William L. Ewing, et. al. garns. Defendants.**
The plaintiff having failed to file allegations & Interragatories as required by law, it is, on motion of James S. Lytle one of said garnishees, by his Attorney, ordered by the Court. That he be discharged as such garnishee.
**The Ohio Life Insurance and Trust Company of Ohio. Plaintiff. vs. George Trowbridge and John G. Priest. Defendants.**
Plea General issue filed.
**Joshua W Owings. Plaintiff. vs. Thomas Reyes, William K. Wilson, & David C. Pignette. Defendants.**
Judgement by default.
Now at this day comes said plaintiff by his attorney, but said defendant although duly summoned and called come not but make default wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court upon the pleadings and proof, and the Court having duly heard and considered the same doth find from the instrument of writing on which this action if founded that said defendants are indebted to said plaintiff in the sum of Three hundred and ninety dollars and eighty seven cents. It is therfore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in aforesaid as found and also his costs and charges herein expended and have thereof execution.
**George J. Byrd v Alvah Hall, Plaintiffs. vs. David W. Shepperd, Defendant.**
Judgement by default.
Now at this day come said plaintiffs by their attorney, but said defendant although duly summoned and called comes not but makes default wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiff waiving a Jury submit this cause to the Court, and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiffs in the sum of Four hundred and eighty one dollars and forty seven cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in aforesaid as found and also his costs and charges herein expended and have thereof execution.
**The Citizens Insurance Company of Missouri, Plaintiff. vs. William H. Belcher & Charles Belcher, Defendants.**
Default.
Now at this day comes said plaintiff by its attorney, but said defendant William H. Belcher although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by its attorney it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed.
**William R. Marton & Charles G. Marton. Plaintiffs. vs. Edward Dobyns. Defendant.**
Judgement by default.
Now at this day come said plaintiffs by their Attorney, but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their Attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the court, and the Court having duly heard and considered the same doth find from the instrument of writing on which this action id founded that said defendant is indebted to said plaintiffs in the sum of Four hundred and ninety eight dollars and thirty two cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their cost and charges herein expended and have thereof execution.
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> Handwritten Page Number on Record Book: 143
**October Term 1855. Thursday October 25th 1855.**
**Charles Williams, Plaintiff. vs. Samuel Rimmer & Seacome E Bilbuugh, Defendants**
Judgment by default.
Now at this day comes said plaintiffs by his attorney but said defendant, although duly summoned and called come not but make default, wherefore on motion of said plaintiff by his attorney it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same finds from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Two hundred and forty eight dollars. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum afore. said in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Peter N. Hum, Plaintiff. vs. Clark J. Morton, et al. Defendants.**
On motion of the defendants by their attorney five days additional time is given them to plead herein.
**Dennis Cabrillac, Plaintiff. vs. John Rivet. Defendant.**
Judgment by default.
Now at this day comes said plaintiff by his attorney but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Seventy eight dollars and fifteen cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**John C. Ivory Plaintiff vs. Thomas Keyes, Williams K. Wilson, & Williams M Harlow, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, but said defendants although duly summoned and called comes not but make default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Three hundred and forty six dollars and fifty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**John M. Myers, Plaintiff vs. Thomas J. Wood & Ephriam B. Wood, Defendants.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Robert S. Armstrong & Charles Casey, Plaintiffs. vs. Theodore R. Posey, Defendant.**
Judgment by default.
Now at this day come said plaintiffs by their attorney but said defendant although duly summoned and called, comes not but make default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiffs waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded, that said defendant is indebted to said plaintiffs in the sum of Two hundred and sixty five dollars and sixty five cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Ernest C. Angelwdt & Robert Barth, Plaintiffs. vs. John D. Voerster. Defendant.**
Dismissal. On motion of the plaintiffs by their attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
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> Handwritten Page Number on Record Book: 144
**October Term 1855. Thursday October 25th 1855.**
**Modism Miller, Plaintiff vs. John Foley and William F. Wright, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, but said defendants although duly summoned and called comes not but make default, wherefore on motion of said plaintiffs by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Five hundred and thirty seven dollars and fifty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**James B. Hell, Plaintiff. vs. John Foley, William F. Wright, & John C. Ivory. Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his attorneyand dismisses this suit as to the defendant John C. Ivory, but the said defendants John Foley and William F. Wright although duly summoned and called come not but make default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of One thousand and ninety dollars. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**The State of Missouri, Plaintiff. vs. Pratte A. Nidelet, Defendant.**
Motion to quash filed.
**David Bayles, Plaintiff. vs. William L. Nally & Thomas J. Beirne. Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, but said defendants although duly summoned and called comes not but make default, wherefore on motion of plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Three hundred and twenty two dollars and fifty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Nathaniel Childs Jr. Plaintiff. vs. Joshua J. Childs, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his attorney but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Two hundred and twenty eight dollars and fifty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Johnson Shultz & Alexander Wiseman Administrators of James McKinney Plaintiffs. vs. George W. Loper & Benjamin Lacy. Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their attorney but said defendants although duly summoned and called comes not but make default, wherefore on motion of said plaintiffs by their attorney it is ordered by the Court that the petition of said plaintiffs be taken against said defendants as confessed, and the plaintiffs waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are
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> Handwritten Page Number on Record Book: 145
**October Term 1855. Thursday October 25th 1855.**
indebted to said plaintiffs in the sum of Two hundred and eighty five dollars and eighty five cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Benson Calvert, Plaintiff. vs. Samuel Denny & Joseph A. Berry, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, but said defendants although duly summoned and called come not but make default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of One hundred and eighty three dollars. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**John Mathews, Plaintiff. vs. James Cinran and C. Edmund La Beaume, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, but said defendants although duly summoned and called come not but make default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of nine hundred and thirty one dollars and ninety cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Kenneth Mackenzie, Plaintiff. vs. John M. Hawley, and Thomas Allen. Defendants.**
Dismissal.
By consent of parties, it is ordered by the Court that this said be dismissed at the costs of the defendants and that execution issue therefor.
**Edwin Ellis, Plaintiff. vs. John M. Hawley & Thomas Allen, Defendants.**
Dismissal.
By consent of parties, it is ordered by the Court, that this cause be dismissed at the costs of the defendants and that execution issue therefor.
**Thomas L. Salisbury, Plaintiff. vs. Edward Nyman & Sanford B. Kellogg. Defendants.**
Answer of Kellogg filed.
**Julius J. Viets, Plaintiff. vs. Landry Charleville, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, but said defendant although duly summoned and called, come not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Four hundred and eighty dollars and thirty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**William C. Kennett & Thomas J. Dix. Plaintiffs. vs. William O. Shands. Defendant.**
Judgment by default.
Now at this day come said plaintiffs by their attorney, but said defendant although duly summoned and called come not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of
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**Viewer Page 154** (rcdbook1855_25_0153.jpg)
> Handwritten Page Number on Record Book: 146
**October Term 1855. Thrusday October 25th 1855.**
writing on which this action is founded that said defendant is indebted to said plaintiffs in the sum of Ten hundred and ninety nine dollars and thirty eight cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Rufus K. Sanders, Plaintiff. vs. Charles J. Carpenter, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Four hundred and two dollars. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**John M. McKeage, Plaintiff. vs. William Wible, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of One hundred and eighty three dollars and eighteen cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Mathias Steitz, Plaintiff. vs. Daniel H. Donovan, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court, that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of One hundred and ninety three dollars and forty eight cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**J. H. Tayler & E. Tayler, Plaintiffs. vs. George T. Bacon & Williams P. Fisher, Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their attorney, but said defendants although duly summoned and called, come not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendants as confessed, and the plaintiffs waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiffs in the sum of Ten hundred and ninety three dollars and ninety eight cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Louis Brazeau Assignee &, Plaintiff. vs. Louis A. Benoit &c, Defendants.**
Demurrer to petition filed.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment of murder.
It is ordered by the Court that the Sheriff of St. Louis County summon thirty six good and lawful men to appear before this Court on the thirty first instant at 9 o'clock A. M. out of whom to empannel a Jury in this cause.
**Isaac W. Taylor, et, al. Plaintiffs. Enoch W. Clark, et, al, Garnishees of Adams & Co. Defendants**
Answer of Edward Chase filed.
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**Viewer Page 155** (rcdbook1855_25_0154.jpg)
> Handwritten Page Number on Record Book: 147
**October Term 1855. Thursday October 25th 1855.**
**Joseph P. Waggener, Plaintiff. vs. William L. E wing et. al. Defendants.**
By leave of Court the defendants withdraw their answer heretofore filed herein, and now file their answer herein.
**Thomas C. Reynolds, Plaintiff. vs. Adolph Mayer, et. al. Defendants.**
On motion of the plaintiff by his attorney, it is ordered by the Court that a Dedimus issue herein in the part of said plaintiff to the State of Illinois.
**Ellen Dean, Plaintiff. vs. The Steam Boat "Southerner" Defendant.**
Dismissal.
On motion of the plaintiff by her attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**John S. Parter, Plaintiff. vs. Daniel D. Page et al. Defendants.**
Motion to strike out parts of defendants answer filed.
**Natham H. Stockwell, Plaintiff. vs. Luther Woods, et, al. Defendants.**
By leave of Court first had the defendant Woods files his seperate answer herein.
**John Seott, Plaintiff. vs. Hercules Carroll, Defendant.**
Answer filed.
**Michael Finnegan, Plaintiff. vs. Addison G. Bragg, Defendant.**
Answer filed.
**The State of Missouri, Plaintiff. vs. James L. Cassidy, Defendant.**
Indictment for Burglary & Receiving Stolen goods.
The said defendant James L. Cassidy having heretofore entered into bond, before the Honerable Aaron H. Hackney one of the Judges of the St. Louis County Court, in the sum of Five hundred dollars with Pierre Chouteau Jr, and James Cassidy as his suretees, conditioned for the appearance of the said James L. Cassidy before the St. Louis Circuit Court on the first day of the present term thereof, and from day to day during said term, and on the first day of any future term to which this cause might be continued, to answer to the above indictment, and now at this day of any future term to being solemnly called to come into Court and save his recognizance, comes not but makes default, and the said Pierre Chouteau Jr, and James Cassidy, being also solemnly called to bring into Court the body of the said James L. Cassidy and save their recognizance, come not but make default, wherefore it is considered by the Court that the said bond be declared forfeited, and that a scire facieas issue against the said parties [for, ?] returnable to the next term of this Court.
**The State of Missouri, Plaintiff. vs. James L. Cassidy, Defendant.**
Indictment for Grand Larceny & Receiving stolen goods.
The said defendant James L. Cassidy having heretofore entered into bond, before the Honerable Aaron H. Hackney one of the Judges of the St. Louis County Court, in the sum of Five hundred dollars, with Pierre Chouteau Jr, and James Cassidy as his suretees, conditioned for the appearance of the said James L. Cassidy before the St. Louis Circuit Court on the first day of the present term thereof, and from day to day during said term, and on the first day of any future term to which this cause might be continued, to answer to the above indictment; and now at this day the said James L. Cassidy being solomnly called to come into Court and save his recognizance, comes not but makes default, and the said Pierre Chouteau Jr, and James Cassidy, being also solemnly called to bring into Court the body of the said James L. Cassidy and save their recognizance, come not but make default, wherefore it is considered by the Court that the said bond be declared forfeited and that a scire facieas issue against the said parties returnable to the next term of this Court.
**The State of Missouri, Plaintiff. vs. James L. Cassidy, Defendant.**
Indictment for Grand Larceny.
The said defendant James L. Cassidy having heretofore entered into bond, before the Honerable Aaron H. Hackney one of the Judges of the St. Louis County Court, in the sum of Five hundred dollars, with Pierre Chouteau Jr, and James Cassidy as his suretees, conditioned for the appearance of the said James L. Cassidy before the St. Louis Circuit Court on the first day of the
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**Viewer Page 156** (rcdbook1855_25_0155.jpg)
> Handwritten Page Number on Record Book: 148
**October Term 1855. Thursday October 25th 1855.**
present term thereof, and from day to day during said term, and on the first day of any future term to which this cause might be continued, to answer to the above indictment, and now at this day the said James L. Cassidy being solemnly called to come into Court and save his recognizance comes not but makes default, and the said Pierre Chouteau Jr, and James Cassidy being also solemnly called to bring into Court the body of the said James L. Cassidy and save their recognizance, come not but make default, wherefore it is considered by the Court that the said bond be declared forfeited and that a scire facieas issue against the said parties returnable to the next term of this Court.
**The State of Missouri, Plaintiff. vs. James L. Cassidy, Defendant.**
Indictment for Grand Larceny & Receiving stolen goods.
The said defendant James L. Cassidy having heretofore entered into bond, before the Honerable Aaron H. Hackney one of the Judges of the St. Louis County Court, in the sum of Five hundred dollars, with Pierre Chouteau Jr, and James Cassidy as his suretees, conditioned for the appearance of the said James L. Cassidy before the St. Louis Circuit Court on the first day of the present term thereof, and from day to day during said term, and on the first day of any future term to which this cause might be continued, to answer to the above indictment, and now at this day the said James L. Cassidy being solemnly called to come into Court and save his recognizance, comes not but makes default, and the said Pierre Chouteau Jr, and James Cassidy being also solemnly called to bring into Court the body of the said James L. Cassidy and save their recognizance, come not but make default, wherefore it is considered by the Court that the said bond be declared forfeited, and that a scire facieas issue against the said parties returnable to the next term of this Court.
**The State of Missouri, Plaintiff. vs. James L. Cassidy, Defendant.**
Indictment for Grand Larceny & Receiving stolen goods.
The said defendant James L. Cassidy having heretofore entered into bond, before the Honerable Aaron H. Hackney one of the Judges of the St. Louis County Court, in the sum of Five hundred dollars, with Pierre Chouteau Jr, and James Cassidy as his suretees, conditioned for the appearance of the said James L. Cassidy before the St. Louis Circuit Court on the first day of the present term thereof, and from day to day during said term and on the first day of any future term to which this cause might be continued, to answer to the above indictment; and now at this day the said James L. Cassidy being solemnly called to come into Court and save his recognizance, comes not but makes default, and the said Pierre Chouteau Jr, being also solemnly called to bring into Court the body of the said James L. Cassidy and save their recognizance, come not but make default, wherefore it is considered by the Court that the said bond be declared forfeited, and that a scire facieas issue against the said parties returnable to the next term of this Court.
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**Viewer Page 157** (rcdbook1855_25_0156.jpg)
> Handwritten Page Number on Record Book: 149
**October Term 1855. Friday October 26th 1855.**
The Court met pursuant to adjournment. Present as before.
It is hereby ordered that the Sheriff of Saint Louis County do summon seventy five good and lawful men to be appear before this Court on the thirty first instant, at 12 o'clock(noon) then and there to serve as Jurors.
**Patrick Fury, Plaintiff. vs. Thomas Burke, Defendant.**
Answer filed.
**William North & William P. Scott, Plaintiffs. vs. Louis Roever, Defendant.**
Dismissal.
On motion of the plaintiffs by their attorney, it is ordered by the Court, that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**William North & William P. Scott, Plaintiffs. vs. Frederick Bartold, Defendant.**
Judgment by default.
Now at this day come said plaintiffs by their attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiffs waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiffs in the sum of One hundred and thirty seven dollars and twenty five cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Luke Tomkins, Plaintiff. vs. James H. Tucker, et. al. Defendants.**
Motion for security for costs filed.
**Louisa Ring, Plaintiff. vs. Benjamin F. Buchanan, Defendant.**
Motion for security for costs filed.
**The State of Missouri, Plaintiff. vs. William Burke, Defendant.**
Indictment for Burglary, Laceny & Receiving stolen goods.
Continued on affidavit of the defendant, motion to suppress depositions filed, and the Court having duly heard and considered said motion and being fully advised of and concerning the premises, doth consider that the same be overruled, leave given to file additional reasons in support of motion.
**Thomas McAdams, Plaintiff. vs. George Brauckman, Dietrick Woestendick, Charles Muegge & Paul Carlin. Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his attorney but said defendants although duly summoned and called, comes not but make default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Four hundred and twenty three dollars and sixty three cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
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**Viewer Page 158** (rcdbook1855_25_0157.jpg)
> Handwritten Page Number on Record Book: 150
**October Term 1855. Friday October 26th 1855.**
**Joseph R. Wendover, Plaintiff. vs. Isaac T. Wise, Defendant.**
Motion to strike out demurrer & for judgment filed.
**Charles Muegge & Paul Carline, Plaintiffs. vs. George Brauckman & Otto Henkel, Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their attorney but said defendants although duly summoned and called come not but make default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendants as confessed, and the plaintiffs waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiffs in the sum of Five hundred and twenty seven dollars and fifty cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Henry April, Plaintiff. vs. James S. Thomas, Defendant.**
Replication to off set filed.
**Calvin M. Mc Clung, Franklin H, Mc Clung, Charles L. Thompson & Amen H. Mc Donald, Plaintiffs. vs. William N. White & James Porter, Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and the defendants withdraw their answer filed herein, and the parties consent and agree that the Court may under judgment against said defendants and in form of said plaintiffs for the sum of Ten hundred and eighty six dollars and ninety seven cents, debt. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as agreed and also their costs and charges herein expended and have thereof execution.
**John Devin, Plaintiff. vs. John G. Simpson & Daniel Cameron, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, but said defendants although duly summoned and called come not but make default, wherefore on motion of said plaintiff by his attorney, it is ordered, by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Three hundred and thirty six dollars and sixty one cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**The State of Missouri, Plaintiff. vs. George Phegley, Defendant.**
Indictment for keeping a Faro Bank.
Continued by the State.
**The State of Missouri, Plaintiff. vs. Charles Andrews, Defendant.**
Indictment for dialing Faro.
Continued by consent at the costs of thedefendant.
**Farmers & Merchants Bank of Momphis, Plaintiff. vs. Grace Lonergan Adm of Kennedy Lonergan, Defendant.**
Motion for security for costs filed.
**The State of Missouri, Plaintiff. vs. Charles Andrews, Defendant.**
Indictment for Grand Larceny.
The defendant Charles Combs having heretofore entered into recognizance, before this Court, with James B. Rucinds as his security, in the sum of Five hundred dollars, conditioned for the appearance of the said Charles Combs before this Court on the first day of the present term thereof and from day to day during said term and on the first day of any further term to which this cause might be continued, to answer to the above indictment; and now at this day the said Charles Combs being.
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**Viewer Page 159** (rcdbook1855_25_0158.jpg)
> Handwritten Page Number on Record Book: 151
**October Term 1855. Friday October 26th 1855.**
solemnly called to come into Court and save his recognizance, comes not but makes default, and the said James B. Ricords being also solemnly called to bring into Court the body of the said Charles Combs and save his recognizance come not but makes default, wherefore it is considered by the Court that the said recognizance be declared forfeited and that a scire facias issue against the said parties returnable to the next term of this Court.
**The State of Missouri, Plaintiff. vs. William Burke, Defendant.**
Indictment for Grand Larceny & Receiving stolen goods.
Now at this day come being called for trail, the defendant by his attorney, files his affidavit for a continuance, and the Court having duly heard and considered the same doth refuse to grant such continuance. The defendant William Burke having heretofore entered into recognizance before this Court, in the sum of One thousand dollars, with George Broron as his surety, conditioned for the appearance of the said William Burke before this Court on the first day of the present term thereof and from day to day during said term and on the first day of any future term to which this cause might be continued, to answer to the above indictment; and now at this day the said William Burke being solemnly called to come into Court and save his recognizance comes not but makes default, and the said George Brown being also solemnly called to bring into Court the body of said William Burke and save his recognizance, comes not but makes default, wherefore it is ordered by the Court that the said recognizance be declared forfeited and that a scire facias issue against the said parties returnable to the next term of this Court.
**James Graham et. al. Plaintiffs. vs. Jacob Ingraham, Defendant.**
Demurrer filed.
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**Viewer Page 160** (rcdbook1855_25_0159.jpg)
> Handwritten Page Number on Record Book: 152
**October Term 1855. Saturday October 27th 1855.**
The Court met pursuant to adjournment. Present as before.
**William Wade, et. al. Plaintiffs. vs. The Saint Louis Mutual Fire & Marine Insurance Company, Defendant.**
Answer filed.
**Joseph C. Edgar, Plaintif. vs. Abraham S. Jacobs, et. al. Defendants.**
Separate answer of defendant Jacobs denying cause of action and pleading tender and separate answer of defendant Isidore Bush, denying any cause of action filed.
**William Stelle, Plaintiff. vs. William L. Ewing, et. al. Garnishees of Morris Parvley & John Largue. Defendants.**
The plaintiff having failed to file allegations & Interrogatories as required by law, on motion of William L. Ewing & Peirre A. Berthold, two of said garnishees, it is ordered by the Court that they be discharges as such garnishees.
**In the matter of the assignment of Thomas Mc Grade**
Proof of Publication of notice to creditors filed.
**Charles Speck, et. al, Plaintiffs. vs. The Steam Boat James E. Woodruff, Defendant.**
Answer & set off filed.
**John W. Tooly, Plaintiff. vs. Cornelius Norman, Defendant.**
Answer filed.
**Joseph E. Elder, Plaintiff. vs. Turner Maddox, Defendant.**
Answer filed.
**Jotham Bigelm Jr, Plaintiff. vs. Dominic J, Childs, et al. Defendants.**
On motion of the plaintiff by his attorney, till Thursday next is given him to file Replication to off set. Amended Petition filed.
**Christian M. Liggett, Plaintiff. vs. William M. Harlow, garnishee of Alexander Norton, Defendant.**
The plaintiff having failed to the allegations & Interrogatories as required by law, on motion of said garnishee by his attorney, it is ordered by the Court that he be discharged as such.
**George F. Bourlier, Plaintiff. vs. Francis A. Hunt & Edward Hunt, Defendants.**
Default & Enquiry.
Now at this day comes said plaintiff by his attorney, but said defendants although duly summoned and called, come not but make default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and that enquiry of damages be had herein during the fourth week of the percent term of this Court.
**William Smith & Roswill E. Gordell, Plaintiffs. vs. Alexander Hallam, Defendant.**
Dismissal.
On motion of the plaintiffs by their attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Sarah Forvler, Plaintiff. vs. Thomas Campbell, Defendant.**
Answer filed.
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**Viewer Page 161** (rcdbook1855_25_0160.jpg)
> Handwritten Page Number on Record Book: 153
**October Term 1855. Saturday October 27th 1855.**
**The State of Missouri to use of Adam Worst. Plaintiff. vs. Benjamin B. Hicks, et. al. Defendants.**
Demurrer to petition filed.
**Thomas B. Ellis, Plaintiff. vs. Steam Boat David Tatum, Defendant.**
On motion of the defendant by its Attorney ten days further time is given it to answer herein.
**Cornelius D. Sullivan, et. al. Plaintiffs. vs. Robert Mc O'Blenis, Defendant.**
Amended answer filed.
**Osmon Reed, Plaintiff. vs. John P. Capelle, Defendant.**
Motion to strike out answer & for judgment filed.
**James Lippencott & John D. Wick, Plaintiffs. vs. William W. Price, E. C. Pike & William B. Hyde, Garnishees of William D. Wood, & Edwin R. Violett. Defendants.**
Dismissal.
On motion of the plaintiffs by their Attorney, it is ordered by the Court, that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Morris B. Mann, et. al. Plaintiffs. vs. Jacob Benjamin. Defendant.**
Objections of Jacob Benjamin, Claimant, to indenification bond returned by Sheriff with his execution, filed.
**North Missouri Rail Road Company, Plaintiff. vs. Leverett Mills, et. al. Defendants.**
William S. Allen and Nicholas Hatch, two of the Commissioners appointed in this case, in behalf of said commissioners move the Court for leave to withdraw their report & to amend and perfect the same. 1st By appending to said report the names of all the Commissioners who assented thereto. 2d By verfying said report, and stating therein that said Commissioners did take into consideration the value of said rail road to said lands of defendants, and by stating therein that said Commissioners estimate and assess the damages to the said lands of defendants at the amount in said report specified, instead of assessing the damages to the part cut off & "condemned", and by making said report in matters of form conform to the statute in such case made & provided.
**The Farmer's & Merchant's Bank of Memphis, Plaintiff. vs. Grace Lonergan Admrx. of Kennedy Lonergan decd. Defendant.**
The Court having duly heard and considered the motion for security for costs herein, and being fully advised of and concerning the premises doth consider that said motion be sustained, and that said plaintiff do within thirty days from this date file such security.
**David Clancy, Plaintiff. vs. Charles Hunt, Defendant.**
On motion of the Clerk of this Court, it is ordered by the Court that said plaintiff do within thirty days from this date file a bond with good and sufficient security for the costs which have or may accrue in this cause.
**Caswell T. Snead et. al. Plaintiffs. Admrx. of Uriah Creich. vs. John Black et. al. Defendants.**
On motion of the Clerk of this Court, it is ordered by the Court that said plaintiff do within thirty days from this date file a bond with good and sufficient security for the costs which have or may accrue in this cause.
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> Handwritten Page Number on Record Book: 154
**October Term 1855. Saturday October 27th 1855.**
**Sarah Freeman, Plaintiff. vs. John Freeman, Defendant.**
On motion of the Clerk of this Court, this is ordered by the Court that the said plaintiff do within twenty days from this date file a bond that the good and sufficient security for the costs which have or may accrue in this cause.
**Cornelius M. Shell, Plaintiff. vs. Hiram W. Leffingwell, et. al. Defendants.**
The Court having duly heard and considered the Demurrer herein, and being fully advised of and concerning the premises doth consider that the same be overruled, three days given defendants to answer.
**William G. Fife, et. al. Plaintiffs. vs. Carl Dehaut, et. al. Defendants.**
Answer of Dehaut filed.
**Daniel C. Michael. Plaintiff. vs. Isaac T. Wise, Defendant.**
On motion of he plaintiff by his attorney, ten days is given him to reply or demur to off set filed herein.
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**Viewer Page 163** (rcdbook1855_25_0162.jpg)
> Handwritten Page Number on Record Book: 155
**October Term 1855. Monday October 29th 1855.**
The Court met pursuant to adjournment, Present as before.
Henry Haber a native of Switzerland, who applies to be 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 presiding 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 naturilization 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 alyure, forever, all allegiance and fidelity to every foreign power, prince, state of severeignty whatsoever, and particularly to the Republic of Switzerland of which he is at present a citizen, therefore the said Henry Haber is admitted a citizen of the United States of America.
**John M. Mc Keage, Plaintiff. vs. William Wible. Defendant.**
Motion to set aside default filed.
**George F. Bourlier, Plaintiff. vs. Francis A. Hunt, et. al. Defendants.**
Motion to set aside default filed.
**Felix Coste, & Peter G. Camden, Plaintiffs. vs. George W. Lynch, Charles J. Lynch & Dayton T. Card. Defendants.**
Judgment by default.
Now at this day comes said plaintiffs by their attorney, but said defendants although duly summoned and called come not but make default, wherefore on motion of said plaintiffs by her attorney, it is ordered by the court that the petition of said plaintiffs be taken against said defendants as confessed, and the plaintiffs waiving a jury submits this cause to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiffs in the sum of One hundred ninenty six dollars and sixty five cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Charles Lohmann, Plaintiff. vs. Dorothea Lohmann, Defendant.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court, that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Charles D. Drake, Plaintiff. vs. Charles P. Chouteau, Defendant.**
Answer filed.
**Samuel Maunder, Plaintiff. vs. Charles Semple et al. Defendants.**
Seperate answers of John Byrne Jr. & Charles Semple, filed.
**John G. Luce, Plaintiff. vs. Lorenzo P. Sanger, et. al. Defendants.**
Motion to strike out parts of petition, and motion for security for costs & stay of proceedings till given, filed. Joint answer of Lorenzo P. Sanger, James Y. Sanger & William Trusdale filed.
**Enoch C. Brown, Plaintiff. vs. 213 Lorenzo P. Sanger, et. al. Defendants.**
Motion to strike out part of plaintiffs petition, and motion for security for costs & for stay of proceedings till such security be given filed. Joint answer of Lorenzo P. Sanger, James Y. Sanger, & William Trusdale filed.
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**Viewer Page 164** (rcdbook1855_25_0163.jpg)
> Handwritten Page Number on Record Book: 156
**October Term 1855. Monday October 29th 1855.**
**Enoch C. Brown, Plaintiff. vs. 83 Lorenzo P. Sanger, et. al. Defendants.**
Motion by defendants served to strike out petition & dismiss suit, and motion for security for costs & for stay of proceedings until such security be given filed.
**Louisa Ring, Plaintiff. vs. Benjamin, F. Buchanan, Defendant.**
The Court having duly heard and considered the motion for security for costs herein and being fully advised of and concerning the premises, doth consider that said motion be sustained, and that said plaintiff do within thirty days from this date file such security.
**In the matter of Margaret M. Horton**
For discharge under a Habeas Corpus from the House of Refuge.
The said matter coming on for hearing and the applicant and respondent being heard by counsil respectively, and the Court being fully advised concerning the said application. It is hereby considered and adjudged that the said confinement is illegal, and the said Margaret M. Horten is hereby ordered to be discharged from said confinement.
**Thomas W. Elliott, et. al. Plaintiffs. vs. G. Worthington, et. al. Garnishes. Defendants.**
Motion to strike from files & for judgment filed.
**In the matter of the assignment of Southard S. Homans.**
Affidavit of S. S. Homans, and application for an extension of order of sale filed.
Upon the application of Isaac B. Gwathmey assignee, it is ordered that the sale of the assigned estate in the usual course of trade be continued until the twenty seventh day of December next, and that whatever shall remain of said estate be then sold at public auction under the terms and conditions prescribed in the order of sale of July 16th 1855.
**Frederick Garsie, Plaintiff. vs. Caspar Poeppler, Defendant.**
And now come the said parties by their respective attorneys, and the motion of the said plaintiff to set aside the stay of execution granted on the twelfth day of July last past, and for judgment against Christoph Boehm and William Draher, coming on to be heard, and the said plaintiff by his attorney, admitting the matters and things stated and set forth in the petition of the said defendant, the said motion is overruled and the stay of execution granted as aforesaid is on motion of the attorney of the defendant hereby rendered perpetual, at the costs of the said plaintiff, with leave to the said plaintiff to proceed by execution to collect the balance of the judgment against the said defendant, remaining unpaid, together with the interest and costs.
**William Beal, et. al. Plaintiffs. vs. Alexander Leitch, et. al. Defendants.**
Answer of defendants filed.
**Joseph A. Leinard, Plaintiff. vs. George Wood, Defendant.**
Answer filed.
**The State of Missouri for the use of Adam Worst, Plaintiff. vs. Benjamin B. Hicks, et. al. Defendants.**
The Court having duly heard and considered the Demurrer of the defendants to the petition of the plaintiff, and being fully advised of and concerning the premuises, doth consider that the same be sustained, ten days given plaintiff to file amended Petition.
**Asa S. Jones, et. al. Plaintiffs. vs. William H. Timberlake, Garnishee, Defendant.**
Defendants Answer to Interrogatories filed.
**Henry N. Hart, et. al. Plaintiffs. vs. Daniel D. Page, et. al. Defendants.**
Answer filed.
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**Viewer Page 165** (rcdbook1855_25_0164.jpg)
> Handwritten Page Number on Record Book: 157
**October Term 1855. Monday October 29th 1855.**
**William Mc Adams, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Answer filed.
**George W. Ewing, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Answer filed.
**George G. Presbury, et. al. Plaintiffs. vs. Leander Lawrence, Defendant.**
Answer filed.
**Jesse Henson, Plaintiff. vs. Lorenzo P. Sanger, et. al. Defendants.**
Joint answer of Lounze P. Sanger, James Y. Sanger, William D. Sanger, William Trusdale & John Brown filed.
**John Cochran, et. al. Plaintiffs. vs. John Brooks, Defendant.**
Answer filed.
**William Payne, Plaintiff. vs. Joseph S. Wilkinson, Defendant.**
Answer filed.
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**Viewer Page 166** (rcdbook1855_25_0165.jpg)
> Handwritten Page Number on Record Book: 158
**October Term 1855. Tuesday October 30th 1855.**
The Court met pursuant to adjournment, Present as before.
**Thomas C. Wales, Plaintiff. vs. Francis Watkins, Defendant.**
Answer filed.
**Silas Thompson, Plaintiff. vs. Saugrain Michau, et. al. Defendants.**
Defendant Michau's answer filed.
**The Citizens Insurance Company of Missouri, Plaintiff. vs. William H. Belcher & Charles Belcher, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by its attorney, and default having heretofore been taken against the defendant William H. Belcher, and the said defendant Charles Belcher allthough duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by its attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same doth find from the instrument of writing in which this action is founded that said defendants are indebted to said plaintiff in the sum of Three hundred and eighty one dollars and seventy eight cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also its costs and charges herein expended and have thereof execution.
**John Dillon, Plaintiff. vs. Lowry Mathews, Defendant.**
Answer filed.
**Mary Ann Haywood, Plaintiff. vs. Alligence Haywood, Defendant.**
Default.
Now at this day comes said plaintiff by her attorney, but said defendant although duly summoned and called comes not, but makes default, wherefore on motion of said plaintiff by her attorney, it is ordered by the court that the petition of said plaintiff be taken against said defendant as confessed.
**William W. Miller, Plaintiff. vs. William K. Wilson & Thomas Reys, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, but said defendants although duly summoned and called, comes not but make default, wherefore on motion of said plaintiff by her attorney, it is ordered by the court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Six hundred twenty seven dollars and twenty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**James A. Monks & John B. Ghio, Plaintiffs. vs. John Ferdinand Sander & Helena Sander his wife, alias Magdalen Sophia Sander, late Daune, Defendants.**
Default & Enquiry.
Now at this day come said plaintiffs by their attorney but said defendants although duly summoned and called comes not but make default, wherefore on motion of said plaintiffs by their attorney it is ordered by the court that the petition of said plaintiffs be taken against said defendants as confessed, and that enquiry of damages be had herein during the fourth week of the present term of this Court.
John R. White, who is personally known to the Court, comes into Open Court and acknowledges the execution by him of a Deed of Emancipation to Ann commonly called Ann Marshall a Mulatto or Griff color, about 23 years old, about five feet two inches high, having a scar on her forehead under her hair.
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**Viewer Page 167** (rcdbook1855_25_0166.jpg)
> Handwritten Page Number on Record Book: 159
**October Term 1855. Tuesday October 30th 1855.**
**William A. Mc Murray, Plaintiff. vs. John Foley & John C. Ivory, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, and dismisses this suit as to John C. Ivory, but the said defendant John Foley although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause the court and the court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Five hundred and thirty seven dollars and forty five cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid ini form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Joseph M. Brown & Thomas H. Thatch, Plaintiffs. vs. The St. Louis & New Orleans Telegraph Company, Defendant.**
Judgment, by default.
Now at this day come said plaintiffs by their attorney, but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiffs waiving a Jury submit this cause the Court and the court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Seven hundred and seventy five dollars and fifteen cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Thomas Hungerford, Plaintiff. vs. Henry Holmes, Defendant.**
Default & Enquiry.
Now at this day comes said plaintiff by his attorney, but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and that enquiry of damages be had herein during the fourth week of the present term of this court.
**John Mc Kewan, Plaintiff. vs. F A. Kennon, Defendant.**
Judgment by default.
Now at this day come said plaintiff by his attorney but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Three hundred and three dollars and thirty two cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**The Boatmans Saving Institution, Plaintiff. vs. George Brauckman, Thomas Keyes, and William M. Harlow, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by its attorney, but said defendant although duly summoned and called comes not but make default, wherefore on motion of said plaintiff by its attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Six hundred and twenty four dollars. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also its costs and charges herein expended and have thereof execution.
**The Boatmans Saving Institution, Plaintiff. vs. Thomas Keyes, George Brauckman, William K. Wilson & David C. Piguett, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by its attorney, and dismisses this suit as to the defendant David C. Piguett, but the said defendants Thomas Keyes, George
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**Viewer Page 168** (rcdbook1855_25_0167.jpg)
> Handwritten Page Number on Record Book: 160
**October Term 1855. Tuesday October 30th 1855.**
Brauckman and William K. Wilson although duly summoned and called comes not but make default, wherefore on motion of said plaintiff by its attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits the cause to the Court and the court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Five hundred and seventy two dollars. It is therefore considered and adjudged by the court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also its costs and charges herein expended and have thereof execution.
**John Ramsey, Plaintiff. vs. Henry Harber, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by his attorney but said defendant although duly summoned and called comes not but make default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the court and the court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Six hundred and sixty eight dollars and thirty six cents. It is therefore considered and adjudged by the court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Peter N. Ham, Plaintiff. vs. Edwin R. Mason, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the court and the court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Eleven hundred and ninety four dollars and thirty nine cents. It is therefore considered and adjudged by the court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Enoch W. Clark, Luther C. Clark, Edward Dodge & Edward Chase. Plaintiffs. vs. William F. Wright & John Foley, Defendant.**
Judgment by default.
Now at this day come said plaintiffs by their attorney, but said defendant although duly summoned and called comes not but make default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendants as confessed, and the plaintiffs waiving a Jury submit this cause to the court and the court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiffs in the sum of Five hundred and thirty eight dollars and twenty cents. It is therefore considered and adjudged by the court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Elizabeth Huckstep, Plaintiff. vs. Benjamin Lacy and George W. Loper, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by her attorney but said defendant although duly summoned and called come not but make default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the court and the court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Seven hundred and twenty eight dollars and seventy five cents. It is therefore considered and adjudged by the court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also her costs and charges herein expended and have thereof execution.
**Benson Calvert. Plaintiff. vs. John Gibson, Samuel Denny & Robert Dickey, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, and dismisses this suit as to the defendant
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**Viewer Page 169** (rcdbook1855_25_0168.jpg)
> Handwritten Page Number on Record Book: 161
**October Term 1855. Tuesday October 30th 1855.**
John Gibson, but the said defendants Samuel Denny and Robert Dickey although duly summoned and called come not but make default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the court and the court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Two hundred and twelve dollars and seventy five cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended, and have thereof execution.
**L M. Shreve, Plaintiff. vs. John S. Freligh trustee for Leander Lawrence, James Spore and James Ray, Defendants.**
Default & Enquiry.
Answer of John S. Freligh filed, and now at this day comes the said plaintiff by his attorney, but the said defendants James Spore and James Ray although duly summoned and called come not but make default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and that enquiry be had herein during the fourth week of the present term of the court.
**Osmon Reed, Plaintiff. vs. John P. Capelle, Defendant.**
Judgment.
Now at this day come the said parties by their attorneys, and the Court having duly heard and considered the motion of said plaintiff to strike out the answer of said defendant and for judgment, and being fully advised of and concerning the premises, doth consider that said motion be sustained, thereupon the plaintiff waiving a Jury submits this cause to the court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Eleven hundred and twenty four dollars and four cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution. the said plaintiff by his attorney filed his Remittitur for the sum of Sixty one dollars and fifty cents of the above judgment.
**The Pacific Insurance Company, Plaintiff. vs. James Harrison, & Adam D. Stewart, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by its attorney but said defendants although duly summoned and called, come not but make default, wherefore on motion of said plaintiff by its attorney it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Sixteen hundred dollars. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also its costs and charges herein expended and have thereof execution.
**George Pomeroy, William H. Benton Jr. & George H. Chase, Plaintiffs. vs. John B. Chamberlain, Defendant.**
Judgment by default.
Now at this day comes said plaintiffs by their attorney but said defendant although duly summoned and called come not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendants as confessed, and the plaintiffs waiving a Jury submit this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiffs in the sum of Six hundred and fifty nine dollars and seventeen cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended, and that they have execution therefor against the property attached at the commencement of this action under the writ of attachment issued herein.
**John Carlisle, Plaintiff. vs. William Mc Murtry & John Mc Clelland, Defendants.**
Judgment by default. Now at this day comes said plaintiff by his attorney but said defendants although duly summoned and called come not but make default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Three hundred and ten dollars and twenty two cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also its costs and charges herein expended and have thereof execution.
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**Viewer Page 170** (rcdbook1855_25_0169.jpg)
> Handwritten Page Number on Record Book: 162
**October Term 1855. Tuesday October 30th 1855.**
**Catharina Stow, Plaintiff. vs. David Stow, Defendant.**
Default & Enquiry.
Now at this day comes said plaintiff by her attorney but said defendant although duly notified and called comes not but makes default, wherefore on motion of said plaintiff by her attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and that enquiry be had during the fourth week of the present term of this Court.
**Isaac Renon administrator of Antoine Le Farie, deceased. Plaintiff. vs. Colastie Le Farie, Defendant.**
It appearing by an affidavit herewith filed that the quarterly payment of Sixty one dollars and fifty cents due the 17th day of September 1855 and ordered to be paid by virtue of a judgment rendered by this Court at its November Term 1850. is unpaid and it also appearing by said affidavit that a demand for the payment of the same has been made and proper notice given that application would be made to this court for execution to issue on said judgment to enforce the payment of said instalment, and application being made: Now therefore, it is ordered that execution issue for the quarterly payment of Sixty one dollars and fifty cents due as aforesaid.
**George Weinhagen & Charles Homhostel, Plaintiffs. vs. Henry A. Murray, Defendant.**
Default & Enquiry.
Now at this day comes said plaintiffs by their attorney, but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and that enquiry of damages be had during the fourth week of the present term of this Court.
**George Weinhagen & Charles Hornbostel, Plaintiffs. vs. Henry A. Murray & Pk. Shannon, Defendants.**
Default & Enquiry.
Now at this day comes said plaintiffs by their attorney and dismiss this suit as to the defendant Shannon, but the said defendant Murray although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed and that enquiry of damages be had herein during the fourth week of the present term of this Court.
**Pierre Chouteau Jr, James Harrison & Felix Valle, Plaintiffs. vs. James U. Morre, Defendant.**
Order of Publication
Now at this day comes said plaintiffs by their attorney, and on their motion, it is ordered by the Court that John H. Hall summoned as Garnishee herein be discharged as such, and the Sheriff having made return that said defendant cannot be found and the Court being satisfied that said defendant cannot be served with process, it is, therefore, on motion of said plaintiffs by their attorney, ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiffs have instituted suit against him in the St. Louis Circuit Court, the object of which is to obtain judgment against him for the sum of Five hundred and sixty nine dollars and forty two cents, due upon a promissory note, and that his property has been attached to secure the payment of the same, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis and State of Missouri on the second Monday in March next, and on or before the third day thereof answer to the petition of said plaintiffs the same will be taken against him as confessed, judgment rendered against him and his property sold to satisfy the same.
**Pierre Chouteau Jr, James Harrison & Felix Valle, Plaintiffs. vs. James U. Moore & Joseph Haller, Defendants.**
Order of Publication.
Now at this day comes said plaintiffs by their attorney, and on their motion, it is ordered by the Court that John H. Hall summoned as Garnishee herein be discharged as such, and the Sheriff having made return that said defendants cannot be found, and the Court being satisfied that said defendants cannot be served with process, it is, therefore, on motion of said plaintiffs by their attorney, ordered by the Court, that said defendants be notified by the publication according to law of this order, that said plaintiffs have instituted suit against them in the St. Louis Circuit Court, the object of which is to obtain judgment for the sum of Six hundred and eighty five dollars and ninety four cents, and that their property has been attached to secure the payment of the same, and that unless they be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis and State of Missouri on the second Monday of March next and on or before the third day thereof answer to the petition of said plaintiffs the same will be taken against them as confessed, judgment rendered against them and their property sold to satisfy the same.
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**Viewer Page 171** (rcdbook1855_25_0170.jpg)
> Handwritten Page Number on Record Book: 163
**October Term 1855. Tuesday October 30th 1855.**
**Joseph Street & Francis Kentz, Plaintiffs. vs John Bray & John N Irwin, Defendants.**
The Court having duly heard and considered the Demurrer by said defendant Irwin to the Petition of the plaintiffs, and being fully advised of and concerning the premeses, doth consider that the same be sustained on the ground of misjoinder, and leave is given the plaintiffs to amend by desmiping their suit as to the defendant Irwin within ten days.
**The State of Mifsrri to use of James T. Sweringer & Edward Bredell, Plaintiff vs Mark Mop, et al. Defendants.**
On motion of the clerk of this Court, it is ordered by the Court that said plaintiffs do within ten days from this date file a bond with good and sufficient security for the costs which have a mey accrue in this case.
**Lewis Brazeau as assignee of Augustus G. & Samuel A. Brazeau, Plaintiff vs. Lewis A Benoist, et al. Defendants.**
The Court having duly heard and considered the Demurrer herein and being fully advised of and concerning the premises, doth consider that the same be sustained. Ten days given plaintiff to file amended Petition.
**John S. Peter, Plaintiff vs. Daniel D. Page, et al, Defendants.**
The Court having duly heard and considered the motion of the plaintiff to strike out parts of the answer herein, and being fully advised of and concerning the premises, doth consider that the same be sustained.
**James Graham, et al, Plaintiff. vs. Jacob Ingraham, Defendant.**
The Court having duly heard and considered the Demurrer herein, and being fully advised of and concerning the premises, doth consider that the same be overruled. Two days given defendant to answer herein. Answer filed.
**Presley Athey, Plaintiff. vs. David R Risley, Defendant.**
Default & Enquiry.
Now at this day comes and said plaintiff by his attorney but said defendants although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and that enquiry of damages be had herein during the fourth week of the present term of this Court.
**Nelson Cary, Plaintiff. vs. Steam Boat Admiral, Defendant.**
Default & Enquiry.
Now at this day comes said plaintiff by his attorney, but said defendant duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and that enquiry of damages be had herein during the fourth week of the present term of this Court.
**William Wade, Eliza Frost by her exprep Trustee Daniel M. Frost, and Mary B. Stewart, Plaintiff. vs. John A Smithers, Defendant.**
Dismissal.
On motion of the plaintiffs by their attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Daniel C. Michael, Plantiff. vs Isaac T Wise, Defendant.**
The Court having duly heard and considered the Demurrer to part of the petition herein and being fully advised of and concerning the premises, doth consider that the same be overruled. Ten days given defendant to answer.
**Joseph R. Wonderer, Plaintiff. vs Isaac T. Wise, Defendant.**
The Court having duly heard and considered the Demurrer herein and being fully advised of and concerning the premises doth consider that the same be overruled. Ten days given defendant to answer, and the Court having also duly heard and considered the motion to strike out Demurrer and for judgment and being fully advised of and concerning the premises doth consider that the same be overruled.
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**Viewer Page 172** (rcdbook1855_25_0171.jpg)
> Handwritten Page Number on Record Book: 164
**October Term 1855. Tuesday October 30th 1855.**
**Richard B. Dallain, Plaintiff. vs William Renshaw. Defendant.**
On motion of the defendant by his attorney it is ordered by the Court that a Dedimus issue herein on the part of said defendant to the State of Illinois.
**David I. Morrow, Plantiff. vs. Ezra O. English, Defendant.**
The Court having duly heard and considered the Demurrer herein and being fully advised of and concerning the premises, doth consider that the same be overruled, leave given defendant to answer forthwith.
**Linus Jackson, Plaintiff. vs. 240. Frederick Schulenburg, et al. Defendants.**
Answer filed.
**Linus Jackson, Plaintiff. vs. 243. Frederick Schulenburg, et al. Defendants.**
Answer filed.
**Linus Jackson, Plaintiff. vs. Humann Kallmann, et al. Defendants.**
Answer filed.
**Marie Tison, by next friend, Plaintiff. vs. Francis Tison, Defendant.**
The Court having duly heard and considered the Demurrer herein, and being fully advised of and concerning the premises, doth consider that the same be sustained. Leave given Plaintiff to amend in ten days.
George Germam Teutschmann, Frederick Doenne, and Abraham Mack, natives of Germany, who apply to be Citizens of the United States, came and prove to the satisfaction of the Court, that they have 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 times they have conducted themselves as men of good moral character; attached to the principles of the Constitution of the United States, and will disposed to the good adw and happings of the same: and the Court, moreover, being satisfied that said applicants have taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners, and they declaring, here, in Open Court, upon oath, that they will support the Constitution of the United States, and that they do entirely and absolutely convince and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly the said George Germam Teutschmann to the King of Bavaria of whom he is at present a subject, and the said Frederick Doenne to the King of Prupia of whom he is at present a subject, and the said Abraham Mack to the Grand Duke of Baden of whom he is at present a subject, therefore the said George Germanm Teutschmann, Frederick Doenne and Abraham Mack are admitted Citizens of the United States of America.
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**Viewer Page 173** (rcdbook1855_25_0172.jpg)
> Handwritten Page Number on Record Book: 165
**October Term 1855. Wednesday October 31st 1855.**
The Court met pursuant to adjournment. Present as before.
**Benjamin Beorkes, Plaintiff. vs. William Hassinger et al, Defendants.**
Answer and off set filed.
**In the matter of the assignment of Daniel H Denevan.**
Report of assignee filed, and motion to have accounts of assignee audited, filed.
Alfred Vinton, who is personally known to the Court, comes into Open Court and acknowledges the execution by him of a Deed of Emancipation to Aaron Robertson commonly called Aaron, who is aged about fifty years, very black color, about five feet eight or nine inches high.
Franklin S. Ridgely, who is personally known to the Court, comes into Open Court and acknowledges the execution by him of a Deed of Emancipation to his mulatto slave named Eliza, aged about forty years.
**Emilie McDonough, Plaintiff. vs. John McDonough, Defendant.**
Default & Enquiry.
Now at this day comes said plaintiff by her attorney, but said defendant although duly notified and called, comes not but make default, wherefore on motion of said plaintiff by her attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and that enquiry be had herein during the fourth week of the present term of this Court.
**James C Musick, Plaintiff. vs. John Fricke, Defendant.**
Default & Enquiry.
Now at this day comes said plaintiff by her attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and that enquiry be had herein during the fourth week of the present term of this Court.
**Archibald Carr, and James A Rogers, Plaintiff. vs. The Steam Boat Editor, Defendant.**
Default.
Now at this day come said plaintiffs by their attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed.
**Thomas W, Elliott & William Elliott, Plaintiff. vs. The Steam Boat Editor, Defendant.**
Default.
Now at this day come said plaintiffs by their attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed.
**William G Fife & Daniel C Michael, Plaintiff. vs. Carl Dehaut & George Schneider, Defendants.**
Default & Enquiry.
Now at this day come said plaintiffs by their attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by their attorney, it is ordered by the Court, that the petition of said plaintiffs be taken against said defendant as confessed and that enquiry of damages be had herein as to said defendant George Schneider during the fourth week of the present term of this Court.
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**Viewer Page 174** (rcdbook1855_25_0173.jpg)
> Handwritten Page Number on Record Book: 166
**October Term 1855. Wednesday October 31st 1855.**
**Frederick Heine, Plaintiff. vs. John Blackley, Defendant.**
Default & Enquiry.
Now at this day comes said plaintiff by his attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court, that the petition of said plaintiff be taken against said defendant as confessed, and that enquiry of damages be had herein during the fourth week of the present term of this Court.
**William Lings, Plaintiff. vs. Reuben Bartlett & Edward Milligan. Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his attorney and dismisses this suit as to the defendant Reuben Bartlett, but the said defendant Edward Milligan although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this Action is founded that said defendant is indebted to said plaintiff in the sum of Two hundred and forty six dollars and thirty seven cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid, in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Charles Speck, et, al. Plaintiffs. vs. The Steam Boat James E. Wordruff, Defendant.**
On motion of the plaintiffs by their attorney, ten days time is given them to reply to offset filed herein.
**Simon D. Gratiaa, et al. Plaintiffs. vs. Henry A. Murray & Patrick Shannon, Defendants.**
Now at this day come the said plaintiffs by their attorney, and dismiss this suit as to the defendant Patrick Shannon, but the said defendant Henry A. Murray although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of said plaintiffs be taken against said defendant as confessed, and that enquiry of damages be had herein during the fourth week of the present term of this Court.
**Cernelius D. Sullivan, et. al. Plaintiffs. vs. Robert McO'Blenis, Defendant.**
Demurrer to set off filed.
**William Finney, Plaintiff. vs. John Mc. Cley, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by his Attorney, but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his Attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Two hundred and ninety eight dollars and eighty six cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**William Bosbyshell, Sr Plaintiff. vs Adam Ling, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Two hundred and forty four dollars and fifty two cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
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**Viewer Page 175** (rcdbook1855_25_0174.jpg)
> Handwritten Page Number on Record Book: 167
**October Term 1855. Wednesday October 31st 1855.**
**James D. Houseman, et. al. Plaintiffs. vs. Henry A. Murray, Defendant.**
Default & Enquiry.
Now at this day come said plaintiffs by their attorney, but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed and that enquiry of damages be had herein during the fourth week of the present term of this Court.
**Samuel Gaty, John S McCune & James Collins, Plaintiffs. vs. John E Brooks & Joseph Brauner, Defendant.**
Default & Enquiry.
Now at this day come said plaintiffs by their attorney, but said defendants although duly summoned and called, come not but make default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendants as confessed, and that enquiry of damages be had herein during the fourth week of the present term of this Court.
**Eben Dale, Plaintiff. vs. True Worthy Hois, Defendant.**
Default & Enquiry.
Now at this day comes said plaintiffs by their attorney, but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and that enquiry of damages be had herein during the fourth week of the present term of this Court.
**James Reed, et, al, Plaintiff. vs. True Worthy Hois, Defendant.**
Default & Enquiry.
Now at this day come said plaintiffs by their attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and that enquiry of damages be had herein during the fourth week of the present term of this Court.
**Robert Waterston, Charles Deane, Robert Barnett & E. Baker Welch, Plaintiffs. vs. True Worthy Hois, Defendant.**
Judgment by default.
Now at this day come said plaintiffs by their attorney, but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiffs waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiffs in the sum of Seventeen hundred and sixty nine dollars and sixty three cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Thomas Walsh, Plaintiff. vs 199 Lyman Morver, Defendant.**
Agreement of counsel filed, and by consent and agreement of the parties by their attorneys, it is ordered by the Court that the attachment herein be dissolved, and that this cause be set for trial on the fourth week ducket of the present term of this Court.
**Thomas Walsh, Plaintiff. vs 198 Lyman Morver, Defendant.**
Agreement of counsel filed, and by consent and agreement of the parties by their attorneys, it is ordered by the Court that the attachment herein be dissolved, and that this cause be set for trial on the fourth week ducket of the present term of this Court.
**Michael Cayre, Plaintiff. vs Margart Cayor, Defendant.**
On motion of the plaintiff by his attorney five days time is given him to reply or demurrer to Gofo Bill filed herein.
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**Viewer Page 176** (rcdbook1855_25_0175.jpg)
> Handwritten Page Number on Record Book: 168
**October Term 1855. Wednesday October 31st 1855.**
**Samuel Gaty, John S. McCurre, and James Collins, Plaintiffs. vs. Hiram W. Seffingwell, Richard S. Elliott & The Empire Stone Company. Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their attorney, but said defendant although duly summoned and called come not but make default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs to be taken against said defendant as confessed, and the plaintiffs waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendant are indebted to said plaintiffs in the sum of Four hundred and ninety nine dollars and eighteen cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Howell Mulford, Plaintiff. vs. Daniel D. Page, Henry D. Bacon, Edward Wyman & Thomas Broron, Defendants.**
Dismissal.
On motion of the plaintiff by his attorney, his ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Thomas Murduck, Edward S Duer & George H. Evans, Plaintiffs. vs. Isaac W. Gebbons, Defendant.**
Judgment by default.
Now at this day come said plaintiffs by their attorney, but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiffs waiving a Jury submit this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiffs in the sum of Seventeen hundred and ninety three dollars and seventy four cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Mark Hamilton, Plaintiff. vs. Albert M. Jacobson, Defendant.**
Default & Enquiry.
Now at this day comes said plaintiff by his attorney but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court, that the petition of said plaintiff be taken against said defendant as confessed, and that enquiry of damages be had herein during the fourth week of the present term of this Court.
**David J Morrorr, Plaintiff. vs. Ezra O. English, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiff waiving a Jury submit this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Five hundred and fifteen dollars and fifty five cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Henry Werneke, Plaintiff. vs. Daniel D. Page, Henry D. Bacon, Edward Wyman & Thomas Broron, Defendants.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Walker R Carter, Plaintiff. vs. Hercules Carvoll, Garnishee of The Columbia Insurance Company, Defendant.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
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**Viewer Page 177** (rcdbook1855_25_0176.jpg)
> Handwritten Page Number on Record Book: 169
**October Term 1855. Wednesday October 31st 1855.**
**Thomas B.Ellis, Plaintiff. vs. Steam Boat David Tatum, Defendant.**
Answer filed.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment for murder in the first degree.
Now at this day comes the Circuit attorney, who prosecutes for the State, also comes the defendant in his purpose person in custody of the Sheriff, and also come his counsel, and thereupon so many of the parties who were summoned as venire men herein as were present were examined as to their competency as Jurors and no Jury having been selected thereupon the Court orders attachments against the absent venire men, returnable to-morrow, and further proceedings herein are continued until to-morrow morning. Bill of Exceptions filed.
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**Viewer Page 178** (rcdbook1855_25_0177.jpg)
> Handwritten Page Number on Record Book: 170
**October Term 1855. Thrusday November 1st 1855.**
The Court met pursuant to adjournment. Present as before.
**Henry Thayer, Plaintiff. vs. William R. Wilson, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, and but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Three hundred and ten dollars. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Cornelius M. Shell, Plaintiff. vs. William W. Leffingwell & Richard S, Elliott, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, but said defendants although duly summoned and called come not but make default, wherefore on motion of said plaintiff by his attorney it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Twelve hundred and ninety four dollars and fifty three cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Jurgen Bemhofs, Plaintiff. vs. Anthony H Menkins, Diedrick B.Menkins & Bernard Albertus, Defendants.**
On motion of the plaintiff by his attorney, it is ordered by the Court that this suit be dismissed as to the defendant Bernard Albertus.
**Michael Cayri, Plaintiff. vs. Margaret Cayore, Defendant.**
Answer to Gofo Bill filed.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment for murder in the first Degree.
Now at this day comes again the Circuit attorney who prosecutes for the State, also comes the defendant in his proper person in custody of the Sheriff, and also come his Counsel, and thereupon the attachments ordered on yesterday having been returned and the Special venire being exhausted without selecting thereupon a Jury for the trial of this cause, the Court thereupon orders the call of persons from the general list on panel, being those summoned to act as Jurns for the present, to which the defendant by counsel excepted at the time, and ns Jury having been selected at the hour adjournment, further proceedings herein are continued until to morrow morning. Bill of Exceptions filed.
It is ordered by the Court that the Sheriff of St.Louis County summon thirty six good and lawful men of his county to appear before this Court to-morrow morning at nine o'clock then and there to serve as Jurors.
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**Viewer Page 179** (rcdbook1855_25_0178.jpg)
> Handwritten Page Number on Record Book: 171
**October Term 1855. Friday November 2nd 1855.**
The Court met pursuant to adjournment. Present as before.
**Reuben Beardslee, Plaintiff. vs. Tumer Maddox, Defendant.**
Answer filed.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment for Murder in the first Degree.
Now at this day comes again the Circuit attorney who prosecutes for the State, also comes the defendant in his proper person on custody of the Sheriff, and also come his counsel, and thereupon the Court proceeds further to the examination of venire men and no Jury being selected as the hour of adjournment further proceedings herein are continued until to-morrow morning.
It is ordered by the Court that the Sheriff of St. Louis County summon fifty good and lawful men of his County to appear before this Court to-morrow morning at ten o'clock. Then and there to serve as Junors.
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**Viewer Page 180** (rcdbook1855_25_0179.jpg)
> Handwritten Page Number on Record Book: 172
**October Term 1855. Saturday November 3rd 1855.**
The Court met pursuant to adjournment. Present as before.
**Asa S. Jones, et al. Plaintiffs. vs. William H.Timerlake, garns. Defendant.**
On motion of the plaintiffs by their attorney leave is given them to amend allegations and Interrogatories herein, upon serving Copy of the same upon the defendant.
**Peter N. Ham. Plaintiff. vs. Clark J. Mortin, Lunidas A Hall & William Wade, Defendants.**
Dismissal.
On motion of the plaintiff by his attorney it is ordered by this Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Barnist L. Solomon, et, al, Plaintiffs. vs. John L. Chandler, garns. Defendant.**
Answer filed.
**Tracy P. Turner, Plaintiff. vs. Thomas Page, et, al. Defendant.**
Answer filed.
**James T. Sweringer, et. we, Plaintiffs. vs. Hervard F. Christy, et, al. Defendants**
It being suggested to the Court that, since the commencement of this cause, Thomas A. Wright one of the defendants herein has departed this life, and on motion of the plaintiffs by their attorney, it is ordered by the Court that Seire facias issue herein to bring in the legal representatives of said deceased, viz: William F. Wright, Orleana Schaumburgh, Mary F.Glasgnr, & Martha Ann Wills; and also that an alias Scire Facias issue herein to bring in Susan Preston Christy Widers of said defendant Howard F. Christy, now deceased.
**The State of Missouri, Plaintiff. vs Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment of Murder in the first Degree.
Now at this day comes again the Circuit attorney who prosecutes for the State, also comes the defendant in his proper person in custody of the Sheriff and also come his counsel, and thereupon the Court proceeds further to the examination of venire men and no Jury being selected at the hour of adjournment further proceedings were continued until to-morrow morning at ten o'clock.
The following three several orders more made at the hour repectively of 12 A.M. and 2 and 5 P.M. of this day It is ordered by the Court that the Sheriff of St. Louis County summon twenty good and lawful men of his County to appear before this Court at three o'clock P.M. of this day, also twenty good and lawful men to appear before this Court at five o'clock P.M. of this day, and also fifty good and lawful men to appear before this Court in Monday morning next at ten o'clock. Then and there to serve as Jurors in this Court.
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**Viewer Page 181** (rcdbook1855_25_0180.jpg)
> Handwritten Page Number on Record Book: 173
**October Term 1855. Monday November 5th 1855.**
The Court met pursuant to adjournment. Present as before.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment for the Murder in the first degree.
Now at this day comes again the Circuit attorney who prosecutes for the State, also comes the defendant in his proper person in custody of the Sheriff, and also come his counsel, and the recent disaster on the Pacific Rail Road having cast over city in morning, and all business being suspended in conformity with the proclamation of the Mayer, now on the request of the Bar of St. Louis this day convened, this Court doth adjourn even to to-morrow morning, at nine o'clock, the counsel for the defendant writing in said request and moving the Court to adjourn in conformity therewith, and the Bar having resolved at said meeting to move the Supreme and other Courts, now in ressein, to adjourn over for the week.
On motion of Albert Todd Esg. The following proceedings of a meeting of the members of the St. Louis Bar were ordered to be spread at large upon the Rends of this Court.
Adjourned meeting at St. Louis Bar. Pursuant to adjournment the members of the St. Louis Bar met on Monday 5th inst, dt 9 A.M in the Common Pleas Court Room, and were called to order by the Chairman, Hon John F. Darly. The Committee on Resolutions appointed at the previous meeting, presented, through Hon. John M Krum, their Chairman. The following repeat. Again has death invaded. unvanks. Two of our associates have fallen. Benjamin B. Dayton and Edward C. Blackburn are no more. By the railrverd catastrophe on the 1st inst, at the Gasemade river, they have been suddenly snatched from our midst, in the prime of their manhood. This place, the former scene of their professional labors- This community, in which they were so well known and highly esteemed, will knew them no more forever. To those to whom they were met new and dear, no language of ours can gibe consolation. We can only mingle our tears with their in common condolence. It is un melancholy privilege, however, as members of the same profession, to express, on this occasion. The estimate in which we held the characters and warth of our deceased brethren while living, and our respect for their memory now that they are dead; therefore, Resolved. That in the death of Benjamin B.Dayton and Edward C. Blackburn, the members of this bar have last the aid and honor of conspicuous talent and successful ability; and they have been bereft of gentlemanly and valuable associates and kind hearted funds. Resolved, That in taken of respect for our deceased brethren, we will wear the usual badge of morning for thirty days.
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**Viewer Page 182** (rcdbook1855_25_0181.jpg)
> Handwritten Page Number on Record Book: 174
**October Term 1855. Tuesday November 6th 1855.**
The Court met pursuant to adjournment. Present as before.
**Catharine Pedro, Plaintiff. vs. Peter Pedro, Defendant.**
Proof of Publication filed.
**In the matter of the assignment of David W. Shepherd.**
Thomas C. Chester to whom David W. Shepherd assigned all his property and efforts files an Inventory of such property and efforts, duly verified by affidavit, wherefore on motion ofsaid assignee by his attorney, it is ordered by the Court that David Mc Cormick and Augustus S. Vogden, be appointed to appraise such property and efforts, so as aforesaid assigned.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment for Murder in the first Degree.
Now at this day come again the Circuit attorney who prosecutes for the State, also comes the defendant in his proper person in custody of the Sheriff, and also come his counsel, and thereupon the Court proceeds further to the examination of Venice men, and no Jury being selected at the hour of adjournment, further proceedings herein are continued until to-morow morning.
It is ordered by the Court that the Sheriff of this County summon Seventy five good and lawful men of his county to appear before this Court to morror morning at nine o'clock. Then and there to serve Jurors.
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**Viewer Page 183** (rcdbook1855_25_0182.jpg)
> Handwritten Page Number on Record Book: 175
**October Term 1855. Wednesday November 7th 1855.**
The Court met pursuant to adjournment. Present as before.
**In the matter of the assignment of David W. Shepherd.**
Appraisement filed.
**Asa S. Jones, et, al. Plaintiffs. vs. William H. Timberlake garns. Defendant.**
Amended allegations & additional Interrogatory filed.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment for Murder in the first Degree.
Now at this day come again the Circuit attorney who prosecutes for the State, also comes the defendant in his proper person in custody of the Sheriff, and also come his counsel, and thereupon the Court proceeds further to the examination of Venice men, when Campbell G. Link, Philip P.B.Berry, Thomas Rector, Michael S. Cerre, Angel S Myers, William Hall, John R. Evans, James R. Binke, Granville Kimball and Jeremiah Millspaugh, good and lawful men, were duly elected, tried and sworn, well and truly to try the traverse between the parties, plaintiff and defendant aforesaid and a true deliverance make according to the law and evidence; and the Jury being still imcomplete at the hour of adjournment. Further proceedings herein are continued until to-morrow morning.
It is ordered by the Court that the Sheriff of this County summon One hundred and fifty good and lawful men of his County to appear before this Court to-morrow at twelve o'clock(noon) then and there to serve as Jurors in this Court.
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**Viewer Page 184** (rcdbook1855_25_0183.jpg)
> Handwritten Page Number on Record Book: 176
**October Term 1855. Thursday November 8th 1855.**
The Court met pursuant to adjournment. Present as before.
**Andrew Geisel, Plaintiff. vs. Adolphus Nulle, Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Two hundred and twenty dollars and five cents, and consents that judgment be rendered against him for said summ It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed and also his costs and charges herein expended and have thereof execution.
**John Doyle, Plaintiff. vs. Jane Doyle. Defendant.**
Motion for renewal of the special commission to Ireland filed, and On motion of the defendant by her attorney, and it appearing to the Court on affidavit this day filed, that the Special Commission heretofore issued herein, directed to Michael Lynch, Commission, of the Kingdom of Ireland, to take the depositions of Patrick Roach and Catharine Byrne, on the part of said defendant, has not been executed through some extraordinary account and not by any fault of the defendant, it is ordered that the said Commission be renewed.
**Marie Tism, by next friend, Plaintiff. vs. Francis Tism, Defendant.**
On motion of the plaintiff by her attorney, ten days further time is given her to plead herein.
**James Clomens Jr, et, ux, Plaintiffs. vs. Bryan Mullanphy's Reps, et al. Defendants.**
It is ordered by the Court that Edward Bates, Barton Bates, John Wickham and Charles Gibson, Esquires, be allowed the sum of Five hundred dollars for their services as Counsel herein, to be taxed as costs in this case.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment for Murder in the first Degree.
Now at this day comes again the Circuit attorney who prosecutes for the State, also comes the defendant in his proper person in custody of the Sheriff, and also come his counsel, and thereupon the Court proceeds further to the examination of Venice men, when Jay Veits and John A. Freuchta, good and lawful men were duly elected, tried and sworn well and truly to try the traverse between the parties plaintiff and defendant aforesaid and a true deliverance make according to the law and evidence, making in all twelve good and lawful Jurors; and thereupon the trial of this cause progressed but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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**Viewer Page 185** (rcdbook1855_25_0184.jpg)
> Handwritten Page Number on Record Book: 177
**October Term 1855. Friday November 9th 1855.**
The Court met pursuant to adjournment, Present as before.
**Daniel C. Michael, Plaintiff. vs. Isaac T. Wise, Defendant.**
On motion of the plaintiff by his attorney, ten days further time is given him to plead to off set filed herein. Defendants Answer & offset filed.
**Peter N. Ham, Plaintiff. vs. John Maguire, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Five hundred and sixty two dollars and twenty six cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Daniel D. Page, Plaintiff. vs. John Maguire, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Two hundred and eighty dollars and sixty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Joseph Collot, Plaintiff. vs. Peter O'D. Byrne Administrator of Angeligue Gobeil, Defendant.**
Judgment by consent.
Now at this day come the parties aforesaid by their respective attorneys, and consent and agree, that the Court may under judgment in favor of said plaintiff and against said defendant for the sum of Three hundred and fifty dollars. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as agreed and also his costs and charges herein expended. Agreement filed.
**Joseph R. Wendover, Plaintiff vs. n, Defendant.**
Defendants Answer and off set filed.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment for Murder in the first Degree.
Now at this day comes again the Circuit attorney who prosecutes for the State, also comes the defendant in his proper person in custody of the Sheriff, and also come his counsel, and also comes the Jury sworn and empanneled herein, and thereupon the trial of this cause progressed, but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
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**Viewer Page 186** (rcdbook1855_25_0185.jpg)
> Handwritten Page Number on Record Book: 178
**October Term 1855. Saturday November 10th 1855.**
The Court met pursuant to adjournment. Present as before.
**Asa S. Jones, et al. Plaintiffs. vs. William H. Timberlake, garns. Defendant.**
Demurrer to allegations and Interrogatories filed.
**Clara C. Dunham, Plaintiff. vs. Bernard B. Dunham, Defendant.**
Proof of Publication filed.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment for Murder in the first Degree.
Now at this day comes again the Circuit attorney who prosecutes for the State, also comes the defendant in his proper person in custody of the Sheriff, and also come his counsel, and also comes the Jury sworn and empannelled herein, and thereupon the trial of this cause progressed but not being concluded at the hour of adjournment further proceedings herein are continued until Monday morning next.
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**Viewer Page 187** (rcdbook1855_25_0186.jpg)
> Handwritten Page Number on Record Book: 179
**October Term 1855. Monday November 12th 1855.**
The Court met pursuant to adjournment, Present as before.
**Henry Lewis Jr, et al. Plaintiffs. vs. Henry Lyons, Defendant.**
On motion of the plaintiffs by their attorney, leave is given them to file, within three days from this date, an amended Petition herein, first serving a copy of the same upon the defendant
**Samuel J. Wetherell & Ledden Davis, Plaintiffs. vs. J D. Manny, Defendant.**
Judgment by default.
Now at this day comes said plaintiffs by their attorney, but said defendant although duly summoned and called, comes not but makes default, therefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiffs waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiffs in the sum of Three hundred and eighteen dollars and sixty two cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**In the matter of the assignment of David W. Shepherd.**
Now at this day comes said assignee and files his bond as such, whose bond is approved by the Court, and thereupon on motion of Thomas C. Chester assignee of said David W. Shepherd it is ordered that said assignee sell at private sale for cash the effects assigned until the fifteenth day of December next, and that then the said assignee sell the residue of such effects at public vendue to the highest bidder for cash, having first given ten days public notice of the time of such sale by advertisement in some newspaper printed in the City of St. Louis.
**Clara C. Durham, Plaintiff. vs. Bernard B. Dunham, Defendant.**
Default & Enquiry.
Now at this day comes said plaintiff by her attorney, but said defendant although duly notified and called, comes not but makes default, wherefore on motion of said plaintiff by her attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed and that this cause be put upon the default docket for enquiry.
**Jacob Baker, Plaintiff. vs. William Zigingham, et al. Defendants.**
On motion of the plaintiff by his attorney, ten days further time is given him to file Bond for costs herein.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment for Murder in the first Degree.
Now at this day comes again the Circuit attorney who prosecutes for the State, also comes the defendant in his proper person in custody of the Sheriff, and also come his counsel, and also comes the Jury sworn and empanneled herein and thereupon the trial of this cause progressed, but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
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**Viewer Page 188** (rcdbook1855_25_0187.jpg)
> Handwritten Page Number on Record Book: 180
**October Term 1855. Tuesday November 13th 1855.**
The Court met pursuant to adjournment. Present as before.
**Nelson Cary, Plaintiff. vs. Steam Boat Admiral, Defendant.**
Motion and reasons set aside judgment by default filed.
**Johnson P. Lee, et. al. Plaintiffs. vs. Abel O. French. Defendant.**
Answer filed.
**State of Missouri to use of Jacob Ehingert, Plaintiff. vs. William T. White, et. al. Defendants.**
Answer Set off filed.
**St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. John L. Hardeman, et. al. Defendants.**
Now at this day comes said plaintiff by its attorney, and defendant comes not, and the plaintiff asks the Court to appoint as guardian ad litem for the infant defendants Jacob T, Cornelia L, and Constant L. Hardeman, and thereupon the Court appoints Basil Duke such guardian for said infant defendants, and doth order that he file a Bonds with good security in the sum of One hundred dollars, as such guardian of such of said defendants, and the said Basil Duke accepts said appointment
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis. Defendant.**
Indictment for Murder in the fast Degree.
Now at this day comes again the Circuit Attorney who prosecutes for the State also comes the defendant in his proper person in custody of the Sheriff, also come his Counsel, and also comes the Jury sworn and empannelled herein, and thereupon the trial of this cause progressed but not being concluded at the hear of adjournment further proceedings herein are continued until to-morrow morning.
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**Viewer Page 189** (rcdbook1855_25_0188.jpg)
> Handwritten Page Number on Record Book: 181
**October Term 1855. Wednesday November 14th 1855.**
The Court met pursuant to adjournment. Present as before.
**Henry Lewis Jr, et al. Plaintiffs. vs. Henry Lyons. Defendant.**
Amended Petition filed.
**St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. John L.Hardeman, et al, Defendants.**
Separate Bonds of guardian ad letem for Jacob N. Hardeman Cornelia L. Hardeman and Constant L. Hardeman filed.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment for Murder in the first Degree.
Now at this day comes again the Circuit attorney who prosecutes for the State, also comes the defendant in his proper person in custody of the Sheriff, and also come his counsel, and also comes the Jury sworn and empanneled herein, and thereupon the trial of this cause progressed, but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
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**Viewer Page 190** (rcdbook1855_25_0189.jpg)
> Handwritten Page Number on Record Book: 182
**October Term 1855. Thursday November 15th 1855.**
The Court met pursuant to adjournment. Present as before.
Sheriff's Deed. Turner Maddox Esquire, Sheriff of St. Louis County, comes into open Court and acknowledges the execution by him, as Sheriff as aforesaid, of a deed to Richard R. Field, Reuben, Beardslee, John K Field, Isaac N Field and Phineas Beardslee, of all the eight, tille, interest, claim, estate and property of Herman Paper of in and to the following described real estate, situate in the county of St. Louis, Missouri, to wit: One lot of ground in Julia C. Soulaw's first addition, being lot to 2. Block 54 of said addition thirty feet front on East side of Jackson Street and 140 feet deep to alley 20 feet wide being the same lot which the said party of t first part purchased of Edward Riehl and wife by deed dated 13th February 1845. Also Lot to 3, in Series C. commencing at the north west corner of lot to 2 running thence southwardly with the western line of said lot to 2. 154 feet 9 inches more or less, to the southern line of said Series C. thence westwardly with said southern line 107 feet. Thence northwardly and parallel with the eastern of this lot 154 feet 9 inches, more or less, to the northern line of said Series C. Thence easterly with said northern line 107 feet to beginning bounded north by the northern boundary of Series C. East by lot to 2. South by the Southern boundary of said Series, and rest by lot to 4 in said Series C. sold by virtue and under authority of Executon numbered 162.163.164&167. issued out of the Clerk's office of the St. Louis circuit Court, returnable to the October Term 1855 thereof and all against the said Horman Paper.
**Johnsons, Bartley & Lytle, Plaintiffs. vs. William J. Korentz, et al. Defendants.**
On motion of the plaintiffs by their attorney, it is ordered by the Court that Dedimus's issue herein on the part of said plaintiffs to the States of New York and Kentucky.
John Bottler, a native of Germany, aged twenty seven years, who applies to be admitted a Citizen of the United States, Cinus and proves to the satisfaction of the Court, by the testimony of Michael Adams and Christian Jokel, two credible witnesses, citizens of the united States, that he arrived in the United States a minor, under the age of eighteen years, that he has resided in the United States at least five years, including the years of his minority, 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 will disposed to the good order and happiness of the same: and the said applicant declaring here, in open Court, upon oath, that for three years last past it has been, bonafide, his intention to become a Citizen of the United States, and he declaring also 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 Severeignty whatsoever, and particularly to the King of Bavaria of whom he is at present a subject, therefore the said John Bottler is admitted a Citizen of the United States of America.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment for Murder in the first Degree.
Now at this day comes again the Circuit attorney who prosecutes for the State, also comes the defendant in his proper person in custody of the Sheriff, and also come his counsel, and also comes the Jury sworn and empanneled herein, and thereupon the trial of this cause progressed, and the evidence on both sides being concluded further proceedings herein are continued until to-morrow morning.
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**Viewer Page 191** (rcdbook1855_25_0190.jpg)
> Handwritten Page Number on Record Book: 183
**October Term 1855. Fruday November 16th 1855.**
The Court met pursuant to adjournment. Present as before.
**John Bunding and Burchand Voigt, Plaintiffs. vs. Thomas H. Mc. Vicker, and William K. Wilson. Defendants.**
Judgment by default.
Now at this day comes said plaintiffs by theire attorney, but said defendants although duly summoned and called, comes not but make default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendants as confessed, and the plaintiffs waiving a Jury submit this cause the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendants are indebted to said plaintiffs in the sum of Five hundred and seventy seven dollars and twenty five cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment for Murder in the first Degree.
Now at this day comes again the Circuit attorney who prosecutes for the State, also comes the defendant in his proper person in custody of the Sheriff, also come his counsel, and also comes the Jury sworn and empannelled herein, and therefore the argument of Counsel progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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**Viewer Page 192** (rcdbook1855_25_0191.jpg)
> Handwritten Page Number on Record Book: 184
**October Term 1855. Saturday November 17th 1855.**
The Court met pursuant to adjournment. Present as before.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment for Murder in the first Degree.
Now at this day comes again the Circuit attorney who prosecutes for the State, also comes the defendant in his proper person in custody of the Sheriff, and also come his counsel and also comes the Jury sworn and empanneled herein, and thereupon the argument of Counsel progressed,but not being concluded at the hour of adjournment further proceedings herein are continued until Monday morning next.
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**Viewer Page 193** (rcdbook1855_25_0192.jpg)
> Handwritten Page Number on Record Book: 185
**October Term 1855. Monday November 19th 1855.**
The Court met pursuant to adjournment. Present as before.
**John Doyle, Plaintiff. vs. Jane Doyle, Defendant.**
On motion of the defendant by her attorney, it is ordered by the Court that a Dedimus issue herein on the part of said defendant to the State of Kentucky.
**Read A. Williams, et al. Plaintiffs. vs. Joseph H. White, Defendant.**
On motion of the plaintiffs by their attorney, leave is given them to withdraw the Bills of Exchange sued on herein by leaving a Receipt for the same.
**Daniel C. Michael, Plaintiff. vs. Isaac T. Wise, Defendant.**
Amended answer filed.
**Michael Cavanaugh, Plaintiff. vs. Franklin Field, Defendant.**
Answer filed.
**Sydney S. Jerman, Plaintiff. vs. Lewis H. Lacy, et al. Defendants.**
Abstract of issue filed.
**Enoch W. Clark, et al, Plaintiffs. vs. Joseph H. White, Defendant.**
Abstract of issue filed.
**Enoch W. Clark, et al. Plaintiffs. vs. Thomas E. Corutenay, Defendant.**
Abstract of issue filed.
**John S. Parter, Plaintiff vs. Daniel D. Page, et al. Defendants.**
Abstract filed.
**Charles Myers, Plaintiff. vs. Duane I. Surdem & Antone Wiseman, Defendants.**
Order of Replivin. Now at this day comes the plaintiff by his attorney and files his petition and affidavit claiming the possession of certain personal property therein described, therefore it is ordered that the defendants deliver the property specified in the petition to the Sheriff of St. Louis County, and said Sheriff is hereby directed if said property be not delivered, to him to take it from the defendants and deliver it to the plaintiff.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment for Murder in the first Degree.
Now at this day comes again the Circuit attorney who prosecutes for the State, also comes the defendant in his proper person in custody of the Sheriff, and also come his Counsel and also comes the Jury sworn and empanneled herein, and thereupon the argument of Counsel progressed and being concluded the Jury retire to consider of their verdict.
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**Viewer Page 194** (rcdbook1855_25_0193.jpg)
> Handwritten Page Number on Record Book: 186
**October Term 1855. Tuesday November 20th 1855.**
The Court met pursuant to adjournment. Present as before.
James W. Scott, who is personally known to the Court, comes into open Court and acknowledges the execution by him of a a Deed of Emancipation to a Negro man named Samuel sometimes called Samuel Green about forty years of age, and also acknowledges the execution of a Deed of Emancipation to a Negro man named Jackson about twenty eight years of age.
**John Busby, Plaintiff. vs. Gideon B. Blakey and Davis Moore, Defendants.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Sanford E. Wilson, Plaintiff. vs. Daniel D.Page, et al, Defendants.**
Abstract of issues filed, and motion to strike out answer of Page & for judgment against him filed.
**George Weinhagen, et al. Plaintiffs. vs. Henry A. Murray, Defendant.**
Abstract filed.
**George Weinhagen, et. al, Plaintiffs. vs. Henry A. Murray, Defendant.**
Abstract filed.
**James E. Bouldin, Plaintiff. vs. Daniel D. Page &e Defendants.**
Abstract of pleadings & issues filed.
**John H. Price, Plaintiff. vs. Daniel D. Page, et al, Defendants.**
Abstract of pleadings & issues filed.
**Cyrennus C. Simmons, et al. Plaintiffs. vs. Elizabeth Royce, Defendant.**
Abstract of pleadings filed.
**George W. Eiving, Plaintiff. vs. Daniel D. Page, et al, Defendants.**
Abstract of pleadings & issues filed.
**James M. S. Kelton, Plaintiff. vs. Mary Ann skelton, Defendant.**
Proof of Publication filed.
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**Viewer Page 195** (rcdbook1855_25_0194.jpg)
> Handwritten Page Number on Record Book: 187
**October Term 1855. Tuesday November 20th 1855.**
**Daniel C. Michael, Plaintiff. vs. Isaac T. Wise, Defendant.**
On motion of the defendant leave is given him to withdraw his amended answer filed herein on yesterday, and thereupon the same is withdrawn.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment for Murder in the first Degree.
Now at this day comes again the Circuit attorney who prosecutes for the State, also comes the defendant in his proper person in custody of the Sheriff, and also come his Counsel and also comes the Jury sworn and empanneled herein, and the Jurors aforesaid upon their oaths aforesaid returned into Court the following verdict. "Mo the Jury find defendant guilty of murder in the second degree, and assess punishment to imprisonment in penitentiary for ten years. Thomas Rector foreman."
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**Viewer Page 196** (rcdbook1855_25_0195.jpg)
> Handwritten Page Number on Record Book: 188
**October Term 1855. Wednesday November 21st 1855.**
The Court met pursuant to adjournment, Present as before.
**John S.Porter, Plaintiff. vs. Daniel D.Page, et al. Defendants.**
On motion of the plaintiff by his attorney, it is ordered by the count that, the order heretofore entered herein sustaining the motion to strike out parts of the answer herein, be and the same is herely rescined, and by leave of Court the plaintiff withdraws said motion.
**Pacific Rail Road, Plaintiff. vs. Charles Muegge, Defendant.**
Proof of Publication filed.
**The State of Missouri, who sues to the use and at the relation of James T.Sweringen & Edward Bredell, partners, Plaintiff. vs Mark moss, Thomas moss, Benjamin Johnstome & Andrew Fight, Defendants.**
Dismissal.
The plaintiff having failed to file bond with security for costs, as heretofore ordered herein, it is on motion of the defendants by their attorney, ordered by the count that this causes be dismissed at the costs of said plaintiff and that execution issue therefor.
**John F. Darly, Plaintiff. vs. James S. Thomas, Defendant.**
Confession of Judgment.
Now as this day comes the defendant and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Thirty one hundred dollars, and consents that judgment be rendered against him for said sum. It is therefore considered and adjudged by the count that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed, and also his costs and changes herein expended and have thereof execution. On motion of the plaintiff it is ordered by the Court that there be a stay of Execution on the foregering judgment until the first day of July next.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc.O'Blenis, Defendant.**
Indictment for Murder in the first Degree.
Now at this day comes again the Circuit attorney who prosecutes for the State, also comes the defendant in his proper person in custody of the Sheriff, also come his counsel, and the defendant by his counsel files his motion for a new trail herein, and the Court having duly heard and considered the same and being fully advised of and concurring the premises, doth overrule said motions, and thereupon the defendant by his counsel files his motion in arrest of judgment herein, and the Court having duly heard and considered the same, doth overrule said motion, whereupon it is considered by the count that the said defendant for his offence of murder in the second degree as found by the Jury be imprisoned in the penetentiary of this state for the term of ten years, that he pay costs of this prosecution and stand committed until This sentence be complied with, and thereupon the defendant by his counsel moves the Court to grant him an Appeal to the Supreme Court from the judgment rendered herein, which is done; and the Court being of opinion that there is probable causes for such appeal and so much doubt as to render it expedient to take the judgment of the Supreme Court therem, doth order that said appeal shall operate as a stay of proceedings on the judgment herein, and thereupon the defendant by his Counsel moves the Court to be let to bail, and the Court having heard the argument of counsel upon said motion, and not being fully advised of and con cerning the premises takes times to consider thereof, and further proceedings herein are continued until to-morrow.
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**Viewer Page 197** (rcdbook1855_25_0196.jpg)
> Handwritten Page Number on Record Book: 189
**October Term 1855. Thursday November 22nd 1855.**
The Court met pursuant to adjournment. Present as before.
**Daniel C. Michael, Plaintiff. vs. Isaac T. Wise, Defendant.**
Replication of off set filed. Motion & affidavit for continuance filed. and continued at costs of defendant.
**Simon O'Connell, Plaintiff. vs. Daniel Sweeny, Defendant.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Mathew F. Lind, Robert C. S. Lind, and Edwin R. Taggart, Plaintiffs. vs. John G. Simpson & Daniel Cameron, Defendants.**
Default.
Now at this day come said plaintiffs, by their attorney, but said defendants although duly summoned and called, come not but make default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendants as confessed.
**Henry Lewis Jr, et al. Plaintiffs. vs. Henry Lyons, Defendant.**
On motion of the defendant by his attorney, until to-morrow is given him to answer or demur herein.
**Emily O. Purden, Plaintiff. vs. Francis A. Purdom, Defendant.**
Default.
Now at this day comes said plaintiff by her attorney, but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by her attorney it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed.
**Pacific Rail Road, Plaintiff. vs. Charles Muegge, Defendant.**
Proof of Publication filed.
**Thomas W. Elliott, & William Elliott, Plaintiffs. vs. John Patterson & Joseph Shinke, Defendants.**
Judgment.
Now at this day come again the plaintiffs by their attorney, and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find from such proofs that the plaintiffs have sustained damage by reason of the promises set out in their petition in the sum of Five thousand two hundred and forty seven dollars and fifty cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof Execution.
**Mark Hamilton, Plaintiff. vs. Albert M. Jackson, Defendant.**
Judgment.
Now at this day comes again the plaintiff by his attorney and waiving a Jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find from such proofs that the plaintiff have sustained damage by reason of the promises set out in his petition in the sum of Six hundred and seven dollars and fifteen cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof Execution.
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**Viewer Page 198** (rcdbook1855_25_0197.jpg)
> Handwritten Page Number on Record Book: 190
**October Term 1855. Thursday November 22nd 1855.**
**Nelson Cary, Plaintiff. vs. Steam Boat Admiral, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and the Court having duly heard and considered the motion to set aside the judgment by default herein, and being fully advised of and concerning the promises, doth consider that said motion be overruled, and thereupon come a Jury, Viz: Maritin Hoke, R. P. Hall, J. Mitchell, C. N. Lewis, S. A. Bazeau, D Cosey, Henry Miller, G. Gray, T. Brady, R Lloyd, Adam Hindricker, and John H. Kepler, twelve good and lawful men who being duly elected, tried and sworn will and truly to assess the damages sustained by the plaintiff herein, and the evidence being heard the Jurors aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Two hundred and seven dollars and fifty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of John Brooks the principal and James E. Darst the security in the bond given for the release of the defendant the sum aforesaid in form aforesaid by the Jury assessed and also his costs and charges herein expended and have thereof execution.
**James A. Monks & John B. Ghis, Plaintiff. vs. John Ferdimand Sander & Helena Sander his wife, alias Magdalen Sophia Sander, later Dauwe, Defendants.**
Judgment.
Now at this day come again the plaintiffs by their attorney and waiving a Jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find from such proofs that the plaintiffs have sustained damage by reason of the promises set out in their petition in the sum of One hundred and sixty seven dollars and fifty cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof Execution.
**Joseph R. Wendover, Plaintiff. vs. Isaac T. Wise, Defendant.**
Continued on affidavit this day filed at costs of defendant.
**Caswell T. Snead, et al, Plaintiffs. vs. John Black, et. al, Defendants.**
On motion of the plaintiffs by their attorney, ten day's further time is given them to file security for costs herein.
**William A. Mc. Murray, Plaintiff. vs. 80. Dominic J. Childs, Nathaniel Childs Jr. James B. Ricords, & Lewis F. Lacy, Defendants.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys and the plaintiff dismisses this suit as to the defendant Dominic J. Childs, and the remaining parties waiving a Jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Ten hundred and seventy six dollars and forty cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**William A. Mc. Murray, Plaintiff. vs. 79 Dominic J. Childs, Nathaniel Childs Jr. James B. Ricords, & John W. Thornburgh. Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and the plaintiff dismisses this suit as to the defendant Dominic J. Childs, and the remaining parties waiving a Jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Five hundred and forty four dollars and seventy cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**William A. Mc. Murray, Plaintiff. vs. 78 Dominic J. Childs, Nathaniel Childs Jr. James B. Ricords, & John W. Thornburgh. Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and the plaintiff dismisses this suit as to the defendant Dominic J. Childs, and the remaining parties waiving a Jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Eight hundred and sixty three dollars and thirty five cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
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**Viewer Page 199** (rcdbook1855_25_0198.jpg)
> Handwritten Page Number on Record Book: 191
**October Term 1855. Thursday November 22nd 1855.**
**George F. Bourlier, Plaintiff. vs. Francis A. Hunt, et al. Defendants.**
The Court having duly heard and considered the motion to set aside the Default herein, and being fully advised of and concerning the premises doth consider that the same be sustained. Leave given defendants to answer forthwith. Answer filed. Bill of Exceptions filed.
**Henry B. Warner, et al, Plaintiffs. vs. Lewis Jones et al, garnishees, Defendants.**
Allegations & Interrogatories filed by leave of Court first had.
**William Croperthewaite, Plaintiff. vs. Tracy P. Turner, Defendant.**
Non Suit.
Now at this day comes the plaintiff by his attorney, and on his motion it is ordered by the Court that George K. Budd, summoned as garnishee herein, be and he is hourly discharged as such, and thereupon the plaintiff says he will not further prosecute his said suit in this behalf but voluntarily take a new suit. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf, and that said defendant go thereof without day and uncover of said plaintiff his costs and charges herein expended and have thereof execution.
**Sanford E. Wilson, Plaintiff. vs. Daniel D. Page, et al, Defendants.**
On motion of the plaintiff by his attorney, leave is given him to withdraw the Bill of Exchange on which this action is founded, upon filing copy of the same.
**Nathan H. Strokwell, Plaintiff vs. Luther Woods & Latham, Defendants.**
On motion of the plaintiff by his attorney, it is ordered by the Court that this suit be dismissed as to the defendant Latham.
**Henry N. Hart, et al. Plaintiff. vs. George Morton, et al. Defendants.**
On motion of the plaintiffs leave is given them to file an amended Petition herein.
**Johnson P. Lee, et al, Plaintiff. vs. Abel O. Frinch, Defendant.**
Continued by consent.
**Thomas Walsh, Plaintiff vs. Lyman Morver, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and consent and agree that the Court may under judgment in favor of said plaintiff and against said defendant for the sum of One hundred and ninety four dollars and sixty seven cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as agreed and also his costs and charges herein expended and have thereof execution.
**Thomas Walsh, Plaintiff. vs. Lyman Morver, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and consent and agree that the Court may under judgment in favor of said plaintiff and against said defendant for the sum of Three hundred and sixty nine dollars and sixty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as agreed and also his costs and charges herein expended and have thereof execution.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc O'Blenis, Defendant.**
Indictment for Murder in the first Degree. On application for Bail.
Now at this day comes again the Circuit attorney who prosecutes for the State, also comes the defendant in his proper person in custody of the Sheriff, and also come his Counsel, and the Court being new fully advised of and concerning the motion of the said defendant to be let to bail, doth consider that the same be sustained, and thereupon Robert O'Blenis otherwise called Robert Mc. O'Blenis as principal and Larvunce Mathews and Basie W.Alexander as his securities herein open Court each acknowledge themselves over the State of Missouri the sum of Forty thousand dollars, to be levied of their respective goods and Chattils, lands and Toniments, yet, upon condition that if the said
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**Viewer Page 200** (rcdbook1855_25_0199.jpg)
> Handwritten Page Number on Record Book: 192
**October Term 1855. Thursday November 23rd 1855.**
Robert O'Blenis otherwise called Robert Mc. O'Blenis shall personally appear on the Supreme Court of this State on the first day of the next term thereof to be herein the City of St. Louis on the third Monday of March next to receive judgment onhis appeal heretofore taken and not depart said Supreme Court without leave therof and shall also appear in this Court at such time and place as said Supreme Court shall direct and shall render himself on execution and along every order and judgment which shall be made in the premises by said Supreme Court then this Recognizance to be and else of full force.
The Court met pursuant to adjournment. Present as before.
**Sanford E. Wilson, Plaintiff. vs. Daniel D. Page & Henry D. Bacon, Defendants.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed.
**John S. Parter, Plaintiff. vs. Daniel D. Page, & Henry D. Bacon. Defendants.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed.
**James Clemens Jr. Plaintiff. vs. The City of St. Louis & Francis Molair, Defendants.**
Default.
Now at this day comes said plaintiff by his attorney but said defendants although duly summoned and called, come not but make default, wherefore on motion of said plaintiff by his attorney it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed.
**Henry Lewis Jr, et al, Plaintiffs. vs Henry Lyons, Defendant.**
Demurrer filed.
**John Levy, Plaintiff. vs. Emanuel Bondi, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorney and thereupon comes also a Jury, viz: Martin HoKe, R. P. Hall, J. Mitchell, C. N. Lewis, S. A. Brazeau, D. Casey, Henry Miller, G. Gray, T. Brady, R. Lloyd, Adman Hindricker and John H. Kassler twelve good and lawful men, who being duly elected, tried and sworn well and truly to try the issues joined between the parties aforesaid, the trail progressed and being finished, the Jurors aforesaid upon their oaths aforesaid find for the plaintiff in the sum plaintiff recover of said defendant the sum aforesaid in form aforesaid by the Jury found and also his costs and charges herein expended and have thereof execution.
**Thomas Hungerford, Plaintiff. vs. Henry Holmes, Defendant.**
Judgment.
Now at this day comes again the plaintiff by his attorney and waiving a Jury submits this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find from such proofs that the said plaintiff has sustained damage by reason of the premises set net in his petition in the sum of Twenty five hundred and sixteen dollars and seventy five cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have therefor execution.
**John H. Price, Plaintiff. vs. Daniel D. Page & Henry D. Bacon, Defendants.**
Judgment.
Now at this day come the parties of aforesaid by their respective attorneys, and the defendants withdraw their answer filed herein, and saying nothing further why judgment should not be rendered against them, the plaintiff waiving a Jury submits this cause to the Court upon the petition and proofs, and the Court having duly heard and considered the same, doth find from the instruments of writing on which this action is founded that said plaintiff has sustained damage by reason of the promises set out in his petition on the sum of Fifteen thousand eight hundred and eighty dollars and
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**Viewer Page 201** (rcdbook1855_25_0200.jpg)
> Handwritten Page Number on Record Book: 193
**October Term 1855. Friday November 23d 1855.**
ninety six cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**James E. Bouldin, Plaintiff. vs. Daniel D. Page & Henry D. Bacon, Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and the plaintiff by leave of Court withdraws his first count in his petition and the Bill of Exchange therein described, and thereupon the defendants withdraw their answer herein and saying nothing further why judgment should not be rendered against them, the plaintiff waiving a Jury submits this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered [and ?] the same doth find from the instruments of writing on which this action is founded that said plaintiff has sustained damage [by ?] Liason of the premises set out in his petition in the sum of Three hundred and forty four dollars and sixty six cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Frederick Heine, Plaintiff. vs. John Blackley, Defendant.**
Judgment.
Now at this day comes again the plaintiff by his attorney, and waiving a jury submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find from such proofs that said plaintiff has sustained damage by reason of the premises set out in his petition in the sum of One hundred and forty six dollars and forty five cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Matthew F. Lind, Robert C. S. Lind, and Edwin R. Jaggart, Plaintiffs. vs. John G. Simpson & Daniel Cameron, Defendants.**
Judgment.
Now at this day come again said plaintiffs by their attorney and waiving a jury submit this cause to the Court upon the pleadings and proofs and the court having duly heard and considered the same, doth find from such proofs that said plaintiffs have sustained damage by reason of the premises set out in their petition in the sum of Six hundred and forty dollars and eight cents. It is therefore considered ad adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**George Weinhagen & Charles Hornbostel, Plaintiffs. vs. Henry A. Murray, Defendant**
Judgment.
Now at this day come again said plaintiffs by their attorney and waiving a jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiffs have sustained damage by reason of the premises set out in their petition in the sum of Eight hundred and twenty four dollars and eighteen cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**George Weinhagen & Charles Hornbostel, Plaintiffs. vs. Henry A. Murray, Defendant.**
Judgment.
Now at this day come again said plaintiffs by their attorney and waiving a Jury submit this cause to the court upon the pleadings and proofs and the Court having duly heard and considered the same, doth find from such proofs that said plaintiffs have sustained damage by reason of the premises set out in their petition in the sum of One hundred and twenty three dollars and seventy cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Charles L. Hunt, Plaintiff. vs. James T. Mc. Jelton, et al. Defendants.**
Continued by consent.
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**Viewer Page 202** (rcdbook1855_25_0201.jpg)
> Handwritten Page Number on Record Book: 194
**October Term 1855. Friday November 23d. 1855.**
**John S. Mowry, et al. Plaintiffs. vs. Dayton T. Card, Defendant.**
It is ordered that the following order be entered, nunc pro tunc, as of the Twenty fourth day of October last past, viz: On motion of the defendant by his attorney, it is ordered by the Court that the plaintiffs, before requiring the defendant to answer herein, file the notes described in their petition, and give notice thereof to said defendant.
**Jacob Frysinger, Plaintiff. vs. Daniel D. Page and Henry D. Bacon, Defendants.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this suit be dismissed.
**Benjamin Brookes, Plaintiff. vs. William Hassinger, et al. Defendants.**
On motion of the plaintiff by his attorney, two weeks time from this date, is given him to reply to the off set filed herein.
**James D. Houseman, Julius M. Smith, and Robert B. Bowler, Plaintiffs. vs. Henry A. Murray, Defendant.**
Judgment.
Now at this day come again said plaintiffs by their attorney and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth find from such proofs that said plaintiffs have sustained damage by reason of the premises mentioned in their petition in the sum of Three hundred and forty nine dollars and ninety two cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Eben Dale, Plaintiff. vs. True worthy Hoit, Defendant.**
Judgment.
Now at this day comes again said plaintiff his his attorney and waiving a Jury submits this cause to the court upon the pleadings and proofs and the Court having duly heard and considered the same doth find from such proofs that said plaintiff has sustained damage by reason of the premises set out in his petition in the sum of Three Thousand nine hundred and seventy one dollars and forty six cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**James Reed, Christopher P. Chadwick, and Samuel P. Dexter, Plaintiffs. vs True Worthy Hoit, Defendant.**
Judgment.
Now at this day come again said plaintiffs by their attorney and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find from such proofs that said plaintiffs have sustained damage by reason of the premises set out in their petition in the sum of Three thousand five hundred and ten dollars and sixty four cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Samuel Gaty, John S. Mc. Cune, and James Collins, Plaintiffs. vs. John E. Brookes & Joseph Brauner, Defendants.**
Judgment.
Now at this day come again said plaintiffs by their attorney and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find from such proofs that said plaintiffs have sustained damage by reason of the premises set out in their petition in the sum of One hundred and three dollars and eighty four cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Read A. Williams & Thomas M. Avery, Plaintiffs. vs. Joseph H. White, Defendant.**
Dismissal.
On motion of the plaintiffs by their attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs.
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**Viewer Page 203** (rcdbook1855_25_0202.jpg)
> Handwritten Page Number on Record Book: 195
**October Term 1855. Friday November 23d. 1855.**
**Archibald Carr & James A. Rogers, Plaintiffs. vs Steam Boat Editor, Defendant.**
Judgment.
Now at this day come again said plaintiffs by their attorney and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find from such proofs that said plaintiffs have sustained damage by reason of the premises set out in their petition in the sum of Two hundred and seventy four dollars and sixty eight cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of Joel B. Burnett principal and John E. Brookes security in the bond given for the release of said boat, the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Eunice D. Van Wagner, Plaintiff. vs. Garret S. Van Wagner, Defendant.**
On motion of the plaintiff by her attorney leave is given her to file an amended Petition herein.
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**Viewer Page 204** (rcdbook1855_25_0203.jpg)
> Handwritten Page Number on Record Book: 196
**October Term 1855. Saturday November 24th. 1855.**
The Court met pursuant to adjournment. Present as before.
Sheriff's Deed. Turner Maddox, Esquire. Sheriff of St. Louis County, comes into open court and acknowledges the execution by him as Sheriff as aforesaid of a deed to Edward Hall and Francis Aubuchon of all the right, title, claim, interest, estate and property of James Clemens Jr. and others, of in and to the following described real estate, viz: a track of land containing Seventy six Arpens and one half of an arpens, being eight and a half arpens in front by nine arpens in depth, bough by John Mullanphy of Dennis Tool, bounded East by the River of St. Ferdinand, and heretofore on the north and west by lands of G. Fallis, and south by land of Richards sold by virtue and under authority of an order of Sale made by the St. Louis Circuit Court at its April Term 1855 thereof in the case of James Clemens Jr. et. al vs Richard Graham et. al. In Petition.
**Farmer's & Merchant's Bank of Memphis, Plaintiff. vs. Kenidy Lonergan's Admr. Defendant.**
On motion of the plaintiff by its attorney, thirty days additional time is given them to give security for costs herein.
**James Clements Jr. et al. Plaintiffs. vs. Bryan Mullanphy's Reps. et. al. Defendants.**
Sheriff's Report of Sale filed, and the same being submitted to the Court for confirmation, and no objection being made to the confirmation thereof, and the Court being satisfied that the same is just and correct, doth confirm the same and doth order that said Sheriff execute deed to the purchasers of the property so sold, and that after paying the costs of this proceeding he pay over the balance of the proceeds of the property so sold to the parties entitled thereto.
**Alfred M. Waterman & Thomas Ryan. Plantiffs. vs. Maurice Lenihan. Defendant.**
Judgment by default.
Proof of Publication filed, and now at this day come said plaintiffs by their attorney, but said defendant although duly notified and called, comes not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed and the plaintiffs waiving a Jury submit this cause to the Court, and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiffs in the sum of Three hundred and fifty dollars and ninety cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Henry Lewis Jr. et. al. Plaintiffs. vs. Henry Lyons, Defendant.**
The Court having duly heard and considered the Demurrer herein and being fully advised of and concerning the premises, doth consider that the same be sustained, and leave is given the plaintiff to amend his petition by interliniation, which amendment is now made, and ten days time is given the defendant to answer herein.
Isaac Scamell a native of England, who applies to be 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 dispersed 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 the Queen of Great Britian and Ireland of whom he is at present a subject, therefore the said Isaac Scamell is admitted a citizen of the United States of America.
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**Viewer Page 205** (rcdbook1855_25_0204.jpg)
> Handwritten Page Number on Record Book: 197
**October Term 1855. Saturday November 24th 1855.**
**John Cochran, et. al. Plaintiffs vs. John Brooks, Defendant.**
Continued.
**Cyrennus C. Simmons, et. al. Plaintiffs. vs. Elizabeth Royce, Defendant.**
Continued as on affidavit at costs of defendant.
**Enoch W. Clark, Luther C. Clark, Edward Dodge & Edward Chase, Plaintiffs. vs. Thomas E. Courtenay, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and waiving a Jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendant is indebted to said plaintiffs in the sum of Five hundred and twenty five dollars and twenty cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution. Finding of the Court filed.
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**Viewer Page 206** (rcdbook1855_25_0205.jpg)
> Handwritten Page Number on Record Book: 198
**October Term 1855. Monday November 26th 1855.**
The Court met pursuant to adjournment. Present as before.
**The State of Missouri, Plaintiff. vs. Robert O'Blenis otherwise called Robert Mc. O'Blenis. Defendant.**
On motion of the defendant by his attorney, ten days time is given him to file a Bill of Exceptions herein.
**Enoch W. Clark, et. al. Plaintiffs. vs. William Tanner, Defendant.**
By leave of Court first had, defendant files his answer herein.
**John H. Price, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Motion to set aside Judgment &c, filed.
**James E. Bouldin, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Motion to set aside Judgment &c. filed.
James H. Comfort and B. W. Alexander, two credible witnesses, come into open Court and prove the execution by Isaac H. Buckinridge of a deed of emancipation to Mercy or Massey; and Basil W. Alexander, Octavia E. Alexander, Olivia Orme, George W. Orme & Sarah Orme, the remaining parties to said deed, and who are personally known to the Court acknowledge the execution by them of said deed of emancipation to Mercy or Massey, a negro woman slave, almost the age of Thirty three or Thirty four years.
Ferdinand Hahn, a native of Germany, who applies to be 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 renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly to the King of Prussia of whom he is at present a subject therefore the said Ferdinand Hahn is admitted a citizen of the United States of America.
**Catharine Pedro, Plaintiff. vs. Peter Pedro, Defendant.**
On motion of the plaintiff by her attorney, leave is given her to amend her petition herein in ten days from this date.
**George F. Bourlier, Plaintiff. vs. Francis A. Hunt et. al. Defendants.**
Abstract of issues by plaintiff filed.
**Michael Murphy, Plaintiff. vs. Benjamin F. Hickman, Defendant.**
Motion for judgment on the answer filed.
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**Viewer Page 207** (rcdbook1855_25_0206.jpg)
> Handwritten Page Number on Record Book: 199
**October Term 1855. Monday November 26th 1855.**
**William A. Mead, et. al. Plaintiffs. vs. Daniel Sweeny, Defendant.**
On motion of James O'Neal who was summoned as garnishee herein, it is ordered by the Court that he be discharged as such, no allegations & Interrogatories as to said garnishee having been filed.
**Charles Wiggins, Plaintiff. vs. Dominick J. Childs, et. al. Defendants.**
The Court having duly heard and considered the Demurrer herein, and being fully advised of and concerning the premises, doth consider that the same be sustained. Leave is given the plaintiff to amend his petition within ten days from this date.
**Chester C. Ford, Plaintiff. vs. Dominick J. Childs, et. al. Defendants.**
The Court having duly heard and considered the Demurrer herein, and being fully advised of and concerning the premises, doth consider that the same be sustained. Leave is given the plaintiff to amend his petition within ten days from this date.
**Joseph F. Pollock's admr, Plaintiff. vs. Dominick J. Childs, et. al. Defendants.**
The Court having duly heard and considered the Demurrer herein, and being fully advised of and concerning the premises doth consider that the same be sustained. Leave is given the plaintiff to amend his petition herein within ten days from this date.
**Isabella A. Vanderhagen, Plaintiff. vs. William Vanderhagen, Defendant.**
Abstract of pleadings filed.
**George Roberts, Plaintiff. vs. Joseph Mogridge, et. al. Defendants.**
Abstract of pleadings filed.
**In the matter of the assignment of Daniel H. Donovan.**
It is ordered by the Court that the accounts of the assignee herein be referred to Henry Hitchcock Esquire, to audit, and that said Hitchcock make report of his proceedings herein to this Court with all convenient dispatch.
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**Viewer Page 208** (rcdbook1855_25_0207.jpg)
> Handwritten Page Number on Record Book: 200
**October Term 1855. Tuesday November 27th 1855.**
The Court met pursuant to adjournment. Present as before.
**George D. Little & Charles H. Olcott, Plaintiffs. vs. Joseph A. Eddy, Joseph A. Jamison, Jabez P. Eddy, Anson M. Bissell, Amos Cotting Jr. Charles C. Hellmers & Turner Maddox, Defendants.**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the costs of the defendants and that execution issue therefor.
**Morris Rosenheim, Plaintiff. vs. Alice Allen. Defendant.**
Order of Sale.
Turner Maddox, Esquire, Sheriff of St. Louis County, representing to the Court, and is appearing to the satisfaction of the Court, that, the personal property by him attached, by virtue of the writ of attachment herein, before the probable termination of this suit may depreciate in value and that the keeping of the same will be attended with great expense. It is ordered by the Court that the said Sheriff do proceed to sell according to law, the property by him as aforesaid attached, and that he make report of his proceedings herein to this Court with all convenient dispatch.
**Jurgen Bornhoft, Plaintiff. vs. Anthony H. Munkins, et. al. Defendants.**
Stipulation filed.
**William Cowpertheraite, Plaintiff. vs. Tracy P. Turner, Defendant.**
On motion of the defendant by his attorney, leave is given him to withdraw the Bond filed herein by the plaintiff at the commencement of this suit by filing a copy of the same with the papers in the case.
**Enoch C. Brown, Plaintiff. vs. 213. Lorenzo P. Sanger, et. al. Defendants.**
The Court having duly heard and considered the motion for security for costs herein and being fully advised of and concerning the premises, doth consider that the same be sustained, and that said plaintiff, do give such security during the present term of this Court. Bill of Exceptions filed.
**John G. Luce, Plaintiff. vs. 162. Lorenzo P. Sanger, et. al. Defendants.**
The Court having duly heard and considered the motion for security for costs herein and being fully advised of and concerning the premises, doth consider that the same be sustained, and that said plaintiff do give such security during the present terms of this court. Bill of Exceptions filed.
**The North Missouri Rail Road Company, Plaintiff. vs. Walter B. Morris, Defendant.**
Now at this day comes the plaintiff by its attorney, and by leave of Court amends its petition herein by interliniation, and by which amendment the Town of Bridgeton is made a party defendant herein, and the said Town of Bridgeton enters its appearance as such defendant, and this case is set for the twelfth of December next for the appointment of Commissioners herein.
**Luhr Timkins, Plaintiff. vs James H. Tucker, et. al. Defendants.**
The Court having duly heard and considered the motion for security for costs herein and being fully advised of and concerning the premises, doth consider that the same be sustained and that said plaintiff do give such security within sixty days from this date.
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**Viewer Page 209** (rcdbook1855_25_0208.jpg)
> Handwritten Page Number on Record Book: 201
**October Term 1855. Tuesday November 27th 1855.**
**John S. Mowry, et. al. Plaintiffs, vs. Dayton T. Card, Defendant.**
The Court having duly heard and considered the motion for security for costs herein and being fully advised of and concerning the premises, doth consider that the same be sustained and that said plaintiff do give such security within thirty days from this date.
**Morris B. Mann, et. al. Plaintiffs. vs. Jacob Benjamin, Defendant.**
The Court having duly heard and considered the objections of Jacob Benjamin, claimant, to the indemnification bond returned by the Sheriff with the execution which issued upon the judgment herein, and being fully advised of and concerning the premises, doth consider that said objections be sustained, and that said bond is insufficient. Thirty days time from this date, is given the Sheriff to return a new bond.
**Enoch C. Brown, Plaintiff. vs. 83. Lorenzo P. Sanger, et. al. Defendants.**
The Court having duly heard and considered the motion for security for costs and to strike out the petition herein, and being fully advised of and concerning the premises, doth consider that the same be sustained, and unless said plaintiff do forthwith file a Petition in conformity with the rules of practice in this Court, that this suit stand dismissed at the costs of said plaintiff and that execution issue therefor.
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**Viewer Page 210** (rcdbook1855_25_0209.jpg)
> Handwritten Page Number on Record Book: 202
**October Term 1855. Wednesday November 28th 1855.**
The Court met pursuant to adjournment,. Present as before.
**Farmer's & Merchant's Bank of Memphis, Plaintiff. vs. Kennedy Lonergan's Admrs. Defendant.**
On motion of the plaintiff by its attorney, it is ordered by the Court that a Dedimus issue herein on the part of said plaintiff to the State of Tennessee.
**Joseph R. Wendover, Plaintiff. vs. Isaac T. Wise, Defendant.**
Now at this day come the parties aforesaid by their respective attorneys, and by leave of Court the plaintiff withdraws his motion to strike out the answer and for judgment, and the defendant withdraws his answer herein, and leave is given the defendant to file an amended answer herein at any time during the present term of this Court, and leave is given the plaintiff to amend his petition herein by interlining the words "the defendant was then asked and required to pay the same but neglected and refused so to do" which amendment was accordingly made.
**Barnet Noel, et. al. Plaintiffs. vs. John Lee, et. al. Defendants.**
Abstract of pleadings filed.
**Alexis Mudd & Graham L. Hughes, Plaintiffs. vs. Paul P. Patchin, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and thereupon comes a Jury, viz : Antoine Mortier, Joseph Shoultz, James Davidson, John Donnellan, Joseph Givens, Frederick Hobuck, R. G. Runyan, Alexander Lewis, John Huddeston, G. B. Allen, Joseph Belcher, and Adam Weber, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being finished, the Jurors aforesaid upon their oaths aforesaid find for the plaintiffs in the sum of Seven hundred and twenty nine dollars and forty six cents, damages. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Anthony F. Jarger, Plaintiff. vs. William Fauke & John Wolf, Defendants.**
Dimissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this suit be dismissed at the costs of said plaintiff and that execution issue therefor.
**Reiner Beuter, Plaintiff. vs. William Aherns, Defendant.**
Abstract of pleadings filed.
**Eliza M. Perry, et. al. Plaintiffs. vs. Mason Frissell, et. al. Defendants.**
Continued.
**Enoch W. Clark, et. al. Plaintiffs. vs. Thomas E. Courtenay, Defendant.**
On motion of the defendant by his attorney, until Saturday next the 1st December, is given him to file a motion for Review herein.
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**Viewer Page 211** (rcdbook1855_25_0210.jpg)
> Handwritten Page Number on Record Book: 203
**October Term 1855. Wednesday November 28th 1855.**
**Charles M. Ellard, Plaintiff. vs. John M. Wimer, Defendant.**
Statement of issues filed.
**John Schneburger & Henry Bolli, Plaintiffs. vs. M. N. Turist & N. A. Fairchild, Defendants.**
Dismissal.
On motion of the plaintiffs by their attorney, it is ordered by the Court that this suit be dismissed at the costs of said plaintiffs and that execution issue therefor.
**George W. Chapman, Plaintiff. vs. John Frink, Lorenzo P. Sanger, and Aaron Burnell, Defendants.**
Non Suit.
Now at this day come said defendants by their attorney, but said plaintiff although solemnly called comes not, wherefore on motion of said defendants by their attorney, it is ordered by the Court that said plaintiff be non suited. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf and that said defendants go thereof without day and recover of said plaintiff their costs and charges herein expended and have thereof execution.
**Chester C. Ford, Plaintiff. vs. Dominick J. Childs, et. al. Defendants.**
Amended Petition filed.
**Fred W. Ingle, Plaintiff. vs. Christopher Ludloff & Catharine Ludloff, Defendants.**
Judgment.
Now at this day comes said plaintiff by his attorney, and said defendants although solemnly called, come not, and thereupon comes also a Jury, viz : Antoine Motier, Joseph Shoultz, James Davidson, John Donnellan, Thomas J. Yoste, J. P. Robinson, R. M. V. Kerchival, James L. Mc. Nair, George R. Wilson, John Marten, C. N. Lewis and J. Kessler, twelve good and lawful men who being duly elected, tried and sworn well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of one thousand dollars, damages. It is therefore considered and adjudged by the court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Jurgen Bornhoft, Plaintiff. vs. Anthony H. Menkins & Diederick B. Menkins, Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and waiving a Jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Four hundred and seventy four dollars and sixty eight cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution. Finding of the Court filed.
**Asa S. Jones, et. al. Plaintiffs. vs. William H. Timberlake, garnishee, Defendant.**
The Court having duly heard and considered the Demurrer to the allegations & Interrogatories herein, and being fully advised of and concerning the premises, doth consider that said Demurrer be sustained.
**Cornelius D. Sullivan, et. al. Plaintiffs. vs. Robert Mc. O'Blenis, Defendants.**
The Court having duly heard and considered the Demurrer to the set off herein, and being fully advised of and concerning the premises, doth consider that the same be sustained. Leave is given the defendant to amend his answer herein within ten days from this date.
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**Viewer Page 212** (rcdbook1855_25_0211.jpg)
> Handwritten Page Number on Record Book: 204
**October Term 1855. Wednesday November 28th 1855.**
**John M. Mc. Keage, Plaintiff. vs. William Wible, Defendant.**
The Court having duly heard and considered the motion to set aside the judgment by default herein and being fully advised of and concerning the premises, doth consider that the same be sustained. Leave is given the plaintiff to amend his petition herein in ten days.
**Thomas W. Elliott. et. al. Plaintiffs. vs. Garrett Worthington. et. al. garnishees, Defendants.**
The Court having duly heard and considered the motion of said defendants for leave to file answer, and being fully advised of and concerning the premises, doth consider that the same be sustained. and having also duly heard and considered the motion of said plaintiffs to strike out answer and for judgment, and being fully advised of and concerning the premises, doth consider that the same be overruled. Stipulation of parties filed.
**North Missouri Rail Road, Plaintiff. vs. John J. Schroeder, Defendant.**
Now at this day come the parties aforesaid by their respective attorneys, and the motion of the plaintiff to confirm the Report of the Commissioners filed in the above entitled cause having been fully heard, the same is overruled; and the motion of the defendant to set aside the said Report is sustained, because the said Report is signed by two only of the three commissioners heretofore appointed by this court, and further, because said Report is made upon erroneous principles and not according to law.
**In the matter of the Steam Boat "Emma Harmon"**
It appearing from the report of the Sheriff of St. Louis County concerning the sale of said boat that the same was sold pursuant to the order heretofore made herein. It is therefore ordered that the creditors of said boat be notified to appear before this Court on Thursday the third day of January next, and exhibit and prove their demands against said boat according to law; and it is further ordered that such notice be published according to law in three daily newspapers printed in the city of St. Louis.
**John B. Carson & John E. Brooks, Plaintiffs. vs. The Steam Boat "Elephant". Defendant.**
On motion of the plaintiffs by their attorney, leave is given them to withdraw this suit for the purpose of using the same in the St. Louis Court of Common Pleas. On the hearing of claims against said defendant.
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**Viewer Page 213** (rcdbook1855_25_0212.jpg)
> Handwritten Page Number on Record Book: 205
**October Term 1855. Thursday November 29th 1855.**
The Court met pursuant to adjournment. Present as before.
**Joseph Conelly, et. al. Plaintiffs. vs. Patrick Ryan, Defendant.**
Continued.
Michael Gavin, a native of Ireland, who applies to be a citizen of the United States, comes and proves to the satisfaction of the Court, that the 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 renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State or Sovereignty whatsoever, and particularly to the Queen of Great Britain and Ireland of whom he is at present a subject, therefore the said Michael Gavin is admitted a citizen of the United States of America.
A. S. Mitchell, who is personally known to the Court, comes into Open Court and acknowledges the execution of a Deed of Emancipation by him to a negro woman, named Betsy, calling herself Betsy Jefferson, about forty years of age, of large size, of black color and of open friendly countenance.
Edward J. Glasgow, who is personally known to the Court, comes into Open Court and acknowledges the execution by him of a Deed Emancipation to Cornelius Collins, a mulatts man aged about forty years, five feet seven or eight inches high.
George R. H. Clark, who is personally known to the Court, comes into Open Court, and acknowledges the execution by him of a Deed of Emancipation to Isaac Payne, a black man aged about forty five years, about five feet nine or ten inches high.
**Fred W. Ingle, Plaintiff. vs. Christopher Ludloff, et. al. Defendants.**
Motion in arrest of judgment filed.
**Bridget Murray, Plaintiff. vs. City of St. Louis, Defendant.**
Now at this day come the parties aforesaid by their respective attorneys and thereupon comes also a Jury, viz: Joseph Givens, Frederick Herlock, R. G. Runyan, John Huddlestone, Joseph Belcher, Adam Weber, James L. Mc. Nair, John Martin, C. N. Lewis, J. Kepler, J. M. Garth & F. H. Henn, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed, and the evidence being heard the argument of counsel was commenced but not being concluded at the hour of adjournment, further proceedings herein are continued until to morrow.
**North Missouri Rail Road, Plaintiff. vs. John J. Schroeder, Defendant.**
Now at this day come again the parties aforesaid by their respective attorneys, and the court appoints James G. Barry, John G. Priest and Henry Overstoltz, three disinterested citizens of the County of St. Louis, to view the lands described in the petition of plaintiff, and who shall take into consideration the value of the land, and the advantages and disadvantages of the road of the plaintiff to the same, and shall report under oath what damages will be done to said land or any improvements thereon, stating the amount of the damages assessed, and shall return a
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**Viewer Page 214** (rcdbook1855_25_0213.jpg)
> Handwritten Page Number on Record Book: 206
**October Term 1855. Thursday November 29th 1855.**
plat of the land thus condemned, and shall make report of their proceedings under this order accompanied with a plat of the said land, to this Court with all convenient dispatch.
**George Roberts, Plaintiff. vs. Joseph Mogridge & Francis Mc. Faul, Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and waiving a Jury submit this cause to the court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find that the defendants are indebted to said plaintiff in the sum of Four hundred and fifty seven dollars and ninety seven cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution. Finding of the Court filed.
**Enoch C. Brown, Plaintiff. vs. 213. Lorenzo P. Sanger, et. al. Defendants.**
The Court having duly heard and considered the motion to strike out of the plaintiff's petition the words "Plaintiff states that he is a poor person and has a large family wholly dependent upon him for support" and being fully advised of and concerning the premises, doth consider that said motion be sustained. Leave is given the plaintiff to amend his petition herein within ten days from this date by interlineation.
**John G. Luce, Plaintiff. vs. Lorenzo P. Sanger, et. al. Defendants.**
The Court having duly heard and considered the motion to strike out of the plaintiff's petition the words "That he is a poor man dependent upon his labor for a living and has a large family dependent upon him for a support." and being fully advised of and concerning the premises, doth consider that said motion be sustained. Leave is given the plaintiff to amend his petition herein within ten days from this date, by interlineation.
**William Steele, Plaintiff. vs. Leakan D. Baker, garnishees of Morris Pawley & John Lague, Defendant.**
Dismissal.
The plaintiff having failed to file Allegations and Interrogatories herein as required by law, it is on motion of said defendant by his attorney, ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**James D. Pack, et. al. Plaintiffs. vs. John M. Wimer, Defendant.**
Motion to suppress deposition of Clark Winsor filed.
**Hester Williams, et. al. Plaintiffs. vs. A. B. Mc. Afee, et. al. Defendants.**
Continued.
**Samuel W. Chapin, Plaintiff. vs. Sylvester W. Ball, Defendant.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**David Woodman, Plaintiff. vs. The Illinois Coal Company, Defendant.**
Now at this day comes the attorney for the plaintiff and suggests to the Court that since the commencement of this suit the said plaintiff has departed this life and this cause is continued until the next term of this Court.
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> Handwritten Page Number on Record Book: 207
**October Term 1855. Friday November 30th 1855.**
The Court met pursuant to adjournment. Present as before.
**Thomas W. Elliott & William T. Elliott, Plaintiffs. vs. Garrett Worthington & Jacob Ensminger, garnishees of Patterson & Shinkle, Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and this cause having been submitted to the Court, under the stipulation heretofore filed herein by the parties aforesaid as upon motion duly made to strike out so much of the answer herein as relates to the alleged offset set up therein by said garnishees against plaintiff William N. Elliott, and for judgment upon said answer; and the Court being fully advised of and concerning the same; it is ordered that the said motion to strike out so much of said answer as relates to said off set be sustained : and it is considered by the Court that said plaintiffs recover of said garnishees the sum of One hundred and eighty four dollars and fourteen cents being the amount found to be in the hands of said garnishees, and have thereof execution, and that the said garnishees be allowed the sum of Ten dollars for answering herein, to be deducted from said amount.
**Charles Mueller's admr, Plaintiff. vs. Frederick Mueller, Defendant.**
The Court having duly heard and considered the Demurrer herein and being fully advised of and concerning the premises doth consider that said demurrer be sustained. Leave is given the plaintiff to amend his petition herein, within ten days. Amended Petition filed.
**Enoch C. Brown, Plaintiff. vs. 213. Lorenzo P. Sanger, et. al. Defendants.**
Now at this day comes the plaintiff by his attorney, and in compliance with leave heretofore given him, commends his petition herein by interlining near the foot of the second page of the same, the words "Plaintiff states that he is a labour by profession."
**John G. Luce, Plaintiff. vs. Lorenzo P. Sanger, et. al. Defendants.**
Now at this day comes the plaintiff by his attorney, and in compliance with leave heretofore given him, amends his petition herein by interlining near the top of the third page of the same, the words "and that he is a labour by profession." and by striking at the words "besides many" and inserting the words "and has".
**Hugh Lackey, Plaintiff. vs. James Love, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and the Report of the Referees herein being submitted to the Court for confirmation and no objection being made to the confirmation thereof, and the Court being satisfied that the same is just and correct, doth confirm said Report, and the said Report showing that the defendant is indebted to the plaintiff in the sum of Forty dollars and eighteen cents. It is considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid by the Referees found and also his costs and charges herein expended and have thereof execution.
**Pacific Rail Road, Plaintiff. vs. Charles Muegge, Defendant.**
Proof of Publication filed.
**Farmer's & Merchant's Bank of Memphis, Plaintiff. vs. Kennedy Lonergan's admrx. Defendant.**
On motion of the defendant by her attorney, it is ordered by the Court that a Dedimus issue herein on the part of said defendant to the State of Tennessee.
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**Viewer Page 216** (rcdbook1855_25_0215.jpg)
> Handwritten Page Number on Record Book: 208
**October Term 1855. Friday November 30th 1855.**
**Bridget Murray, Plaintiff. vs. The City of St. Louis, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come and the argument of Counsel being concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Three hundred and twenty dollars, Damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also her costs and charges herein expended and have thereof execution.
**Fred W. Ingle, Plaintiff. vs. Christopher Ludloff et. al. Defendants.**
Motion for new trial with affidavits filed.
**David Clancy, Plaintiff. vs. Charles Hunt, Defendant.**
Dismissal.
The plaintiff having failed to give security for costs herein, as heretofore required to do, it is, on motion of the defendant by his attorney, ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Isabella A. Vanderhagen, Plaintiff. vs. William Vanderhagen, Defendant.**
Divorce. Decree.
Now at this day come the parties aforesaid by their respective attorneys, and [waiving a Jury, ?] submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that the said defendant has offered to the plaintiff and to her person such indignities as render her condition intolerable. It is therefore ordered, adjudged and decreed by the Court that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said plaintiff, and be restored to all the rights and priviliges of an unmarried person, and recover of said defendant her costs and charges herein expended and have thereof execution. Finding of the Court filed.
**William J. Romyn, Plaintiff. vs. Louis Opel, et. al. Defendants.**
Continued as on affidavit at costs of defendants.
**William C. Wells, Plaintiff. vs. Joseph Rover, garns, Defendant.**
Continued.
**Samuel Welser, Plaintiff. vs. Elizabeth Welser, Defendant.**
Continued.
**In the matter of James Preston.**
Habeas Corpus.
Now at this day the said James Preston being bought before the Court in compliance with the writ issued herein, and the Court upon a hearing of the facts of the case, finding that said James Priston is illegally detained in custody of the Calaboose Keeper of this City, and there being no legal process for his commitment, doth order that he be discharged.
**In the matter of John Hermon.**
Habeas Corpus.
Now at this day the said John Hermon being bought before the Court in compliance with the writ issued herein, and the Court upon a hearing of the facts of the case, finding that said John Hermon is illegally detained in custody of the Calaboose Keeper of this City, and there being no legal process for his commitment, doth order that he be discharged.
**The State of Missouri, Plaintiff. vs. Abby Chester, Defendant.**
Indictment for keeping a Bawdy House.
Now at this day comes the Circuit attorney who prosecutes for the State, also comes the defendant by her attorney Luther M. Shreve Esq, and by leave of Court and consent of the Circuit attorney waives
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**Viewer Page 217** (rcdbook1855_25_0216.jpg)
> Handwritten Page Number on Record Book: 209
**October Term 1855. Saturday December 1st 1855.**
the reading of the indictment herein and enters her plea of guilty to the charges in said indictment contained, and submits her sentence to the Court, whereupon the Court doth assess a fine of Fifty dollars against the said defendant, therefore it is considered by the Court that the said defendant for her offence of Keeping a Bawdy House aforesaid, pay to the State of Missouri for the use of the County of St. Louis the aforesaid fine of Fifty dollars and also the costs and charges in this behalf accrued and that execution issue therefor. Whereupon the said defendant by her attorney aforesaid pays here into Court the aforesaid fine of Fifty dollars and also the costs as aforesaid, it is thereupon ordered that full and complete satisfaction of the aforesaid fine be entered of record, which is accordingly done.
The Court met pursuant to adjournment, Present as before.
**In the matter of John O'Fallon.**
Substitution of Trustee.
It appearing to the Court from the statement of John O'Fallon, duly verified by affidavit, that Samuel S. Carlisle, trustee of a certain deed of trust of real estate, made and executed on the twenty fifth day of June Eighteen hundred and forty five, by the Franklin Fire Company, has removed out of the State of Missouri and believed to be dead, without having performed the duties therein imposed on him. It is therefore ordered that Turner Maddox, Sheriff of the County of St. Louis, be and he is hereby substituted and appointed trustee in the place of the said Samuel S. Carlisle, with the like trusts and powers.
Eleazor Block, who is personally known to the Court, comes into Open Court and acknowledges the execution by him of a Deed of Emancipation to a negro man named Eli thirty one years of age.
**Bernard Mc. Anulty, Plaintiff. vs. James Mc. Mullen & Charles Maurell, Defendants.**
Confession of Judgment.
Now at this day come said defendants and file their statement in writing duly verified by affidavit whereby they confess themselves indebted to said plaintiff in the sum of Sixteen hundred and two dollars and nineteen cents, and consent that judgment be rendered against them for said sum. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as confessed and also his costs and charges herein expended and have thereof execution.
**Lucy T. Bilsbarron, Plaintiff. vs. William Bilsbarron, Defendant.**
Divorce. Decree.
Now this day comes again said plaintiff by her attorney, and waiving a Jury, submits this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth find from such proofs that the said plaintiff is an innocent and injured person. It is therefore ordered, adjudged and decreed by the Court that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant and be restored to all the rights and priviliges of an unmarried person, and recover of said defendant the costs and charges herein expended and have thereof execution.
**Gesine Kneck, Plaintiff. vs. Henry Kneck, Defendant.**
Divorce. Decree. Now a this day comes again said plaintiff by her attorney, but said defendant although duly notified and called, comes not but makes default, wherefore on motion of said plaintiff by her attorney it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed and the plaintiff waiving a Jury submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find from such proofs that said plaintiff is an innocent and injured party. It is therefore considered and adjudged by the Court that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant and be restored to all the rights and priviliges of an unmarried person, and recover of said defendant her costs and charges herein expended and have thereof execution.
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**Viewer Page 218** (rcdbook1855_25_0217.jpg)
> Handwritten Page Number on Record Book: 210
**October Term 1855. Saturday December 1st 1855.**
**Fred Ingle, Plaintiff. vs. Christopher Ludloff et. al. Defendants.**
Affidavit of defendant in motion for new trial filed.
**Enoch W. Clark, et. al. Plaintiffs. vs. Thomas E. Courtenay, Defendants.**
Case and motion for Review filed.
**State to use James T. Soveringer, et. al. Plaintiff. vs. Mark Moss, et. al. Defendants.**
Motion to set aside the order of dismissal filed.
**Thomas Y. Brent, Plaintiff. vs. Maurice Langhorne, et. al. Defendants.**
Now at this day come Mary J. Logan & John J. Anderson, her trustee, and William Renshaw Jr. claimants of the funds now in the hands of the late Sheriff of St. Louis County and mentioned in the pleadings, by their respective attorneys, and thereupon come a Jury, viz : Antoine Motier, Joseph Shoultz, Thomas J. Yesti, James Davidson, John Donnellan, R. G. Runyan, John Huddleston, Adam Weber, James L. Mc. Nair, C. N. Lewis, J. Kepler and J. M. Garth, twelve good and lawful men, who being duly elected, tried and sworn well and truly to try the issue between the said Mary J. Logan & John J. Anderson, her trustee, parties of the one part, and William Renshaw Jr. party of the other part, the trial progressed but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow.
**Alexis Mudd, et. al. Plaintiffs. vs. Paul P. Patchin, Defendant.**
Motion and reasons for new trial, affidavit of defendant, and motion in arrest of judgment filed.
James E. Yeatman, who is personally known to the Court, comes into open Court, and acknowledges the execution by him of two several Deeds of Emancipation, one to a slave girl named Flora Shorts, about five feet three inches in height, aged between eighteen and twenty years, and of dark complexion, being a dark mulatts; the other to a slave woman named Mary Armstead, about thirty two years of age : of very dark color, nearly black, about five feet two inches in height.
**Eunice D. Van Wagoner, Plaintiff. vs. Garret S. Van Wagoner, Defendant.**
Amended Petition filed.
**John M. Mc. Keage, Plaintiff. vs. William Wible, Defendant.**
Now at this day comes said plaintiff by his attorney, and in conformity with leave heretofore given him, amends his petition herein, by interlining the words "negotiable & payable without defalcation or discount."
**Chesebrough & Stearns & Co. Plaintiffs. vs. Nathan Card, Defendant.**
Motion for leave to file amended Petition, and Abstract of issues filed.
Willis Brent, who is personally known to the Court, comes into Open Court, and acknowledges the execution by him of a Deed of Emancipation to Lewis Brown, a copper colored man, aged about twenty eight years, about five feet eight inches high, middle sized.
**Augustus Eggers & George H. Garlichs, Plaintiffs. vs. James F. Adams, Defendant.**
Confession of Judgment. Now at this day comes said defendant and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to said plaintiffs in the sum of One hundred and sixty eight dollars and forty four cents and consents that judgment be rendered against him for said sum. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as confessed and also their costs and charges herein expended and have thereof execution.
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**Viewer Page 219** (rcdbook1855_25_0218.jpg)
> Handwritten Page Number on Record Book: 211
**October Term 1855. Saturday December 1st 1855.**
**Morris B. Mann, et. al. Plaintiffs. vs. Jacob Benjamin, Defendant.**
Motion by Sheriff, Plaintiffs and security to set aside order declaring indemnification bond insufficient & requiring further & additional bond, filed.
**The State of Missouri, Plaintiff. vs. James Shannon, Defendant.**
Indictment for Forgery.
The defendant James Shannon having been duly discharged from the further answering to the Indictment pending against him at the present term of the Court, for forgery, and it being represented to the Court that the said defendant has money belonging to him in the hands of the County Marshall of St. Louis County, which was taken from the defendant at the time of his arrest, on which he was committed to Jail. It is hereby ordered on motion of said defendant, by the Court that the County Marshall pay over to the defendant or his attorney the sum or sums of money he may have or did have paid over to him the said Marshall belonging to said defendant.
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**Viewer Page 220** (rcdbook1855_25_0219.jpg)
> Handwritten Page Number on Record Book: 212
**October Term 1855. Monday December 3rd 1855.**
The Court met pursuant to adjournment, Present as before.
**State to use James T. Sweringen, et. al. Plaintiff. vs. Mark Moss, et. al. Defendants.**
By consent of parties, it is ordered by the Court that the order of dismissal heretofore entered herein be and the same is hereby sit aside, and this cause is continued until the next term of this Court.
John Herman Dependahl, a native of Germany, aged twenty one years, who applies to be admitted a citizen of the United States, comes and proves to the satisfaction of the Court by the testimony of G. H. Greve and H. C. Stockho, two credible witnesses, citizens of the United States, that he arrived in the United States a minor, under the age of eighteen years, that he has resided in the United States at least five years, including the years of his minority, 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 said applicant declaring here, in Open Court, upon oath, that for three years last past it has been, bonafide, his intention to become a citizen of the United States, and he declaring also 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 the King of Hanover, of whom he is at present a subject, therefore the said John Herman Dependahl is admitted a citizen of the United States of America.
**Thomas Y. Brent. Plaintiff. vs. Maurice Langhorne, Mary J. Logan & John J. Anderson, her trustee, Henry J. Bodley, Charles E. Marshall, William Anderson Jr, Joseph H. Conn, Wiliam Renshaw Jr. & John M. Wimer, Defendants.**
Now again at this day come Mary J. Logan & John J. Anderson Jr. her trustee, and William Renshaw Jr. claimants of the funds now in the hands of the late Sheriff of St. Louis County, and mentioned in the pleadings, and the Jury sworn and empanelled herein also come, and the trial progressed and being concluded, the Jurors aforesaid upon their oaths aforesaid find that William Renshaw Jr. is entitled to the whole of the fund in question, which finding of the Jury as aforesaid is approved by the Court. Therefore it is ordered, adjudged and decreed by the Court that William Renshaw Jr. is entitled to the whole of the said fund in the hands of said Sheriff and the said fund is hereby adjudged and decreed to him, divested of any claim, right or demand of the said Mary J. Logan or her said trustee John J. Anderson. And it is further, ordered, adjudged and decreed that the said fund be paid to said William Renshaw Jr. by the said late Sheriff, upon service on him of a certified copy of this decree under the seal of this Court. And it is further ordered, adjudged and decreed that the costs of this proceeding be paid out of the aforesaid funds.
**Francis H. Peters, Plaintiff. vs. Henry Hobein, Defendant.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed, and by consent of parties, each party to pay their own costs.
**James D. Pack, et. al. Plaintiffs. vs. John M. Wimer, Defendant.**
Continued at costs of plaintiffs.
**In the matter of Bryan Mullanphy**
Continued.
**James F. Glenn, Plaintiff. vs. William E. Saltmarsh, et. al. Defendants.**
Motion for rule upon defendants to answer Petition filed.
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**Viewer Page 221** (rcdbook1855_25_0220.jpg)
> Handwritten Page Number on Record Book: 213
**October Term 1855. Monday December 3rd 1855.**
John W. Irwin, who is personally known to the Court, comes into open Court, and acknowledges the execution by him of two several Deeds of Emancipation, one to Maria known also as Maria Green, a light mulatto woman, now about forty seven years of age, her front teeth pretty much all gone, but herself in figure very tall and very large, she being about five feet ten inches in height; the other to James known also as James Green, a very dark mulatto aged about fourteen years and blind of the left eye.
John F. Darby, who is personally known to the Court, comes into open Court, and acknowledges the execution by him of a Deed of Emancipation to a negro woman named Cutter, about thirty six years old of a black color & of medium size.
Priscilla Fields, who is personally known to the Court, comes into open Court, and acknowledges the execution by her of a Deed of Emancipation to her daughter, a black girl named Margaret Patterson aged about twenty years, of black color and of medium or common size.
S. Philips Lee and Samuel Simmons, two credible witnesses, come into open Court and prove to the satisfaction of the Court the execution by Mira M. Alexander of two several Deeds of Emancipation, one to her slave Sally aged about sixty eight years and about five feet two inches high & dark mulatto color; the other to her slave Mary Greene, aged about thirty eight years, about five feet seven inches high, large size & black colored.
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**Viewer Page 222** (rcdbook1855_25_0221.jpg)
> Handwritten Page Number on Record Book: 214
**October Term 1855. Tuesday December 4th 1855.**
The Court met pursuant to adjournment, Present as before.
**John Riggin, Plaintiff. vs. Andrew J. Coons & Francis T. Mann, Defendants.**
Order of Publication.
It appearing to the satisfaction of the Court from the affidavit of said plaintiff, that the said defendant Franics J. Mann is a non-resident of the State of Missouri and cannot be served with process, it is therefore, on motion of said plaintiff by his attorney, ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against him in the St. Louis Circuit Court, the object of which is to obtain judgment for the balance due upon a note made by Samuel J. Spilman to Andrew J. Coons on the 29th day of January A.D. 1849, and by said Coons assigned to him said Francis T. Mann, and by him said Francis T. Mann assigned to plaintiff; and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis in the State of Missouri, on the second monday in march next, and on or before the sixth day of said term answer the petition of said plaintiff the same will be taken against him as confessed. And this cause is continued until the next term of this Court.
**George F. Kaufman, Plaintiff. vs. Margareitha Kaufman; Defendant.**
Abstract of issues filed.
**William F. Morgan, Plaintiff. vs. Adam Doering, Defendant.**
On motion of the defendant by his attorney, it is ordered by the Court that a Dedimus issue herein on the part of said defendant to the State of Iowa.
**Barnet Noel & Patrick T. Mc. Sherry, Plaintiffs. vs. John Lee & Joseph Brannon, Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury viz: John Worson, Samuel Galbreath, Highland Davis, Henry Wilken, Joseph H. Webster, Edmund Croak, Henry Cramer, H. B. Brinker, A. L. Daryon, Patrick Conden, D. Cassy & A. Johnston, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial progressed and being finished, the Jury aforesaid upon their oaths aforesaid find for the defendants. It is therefore considered and adjudged by the Court that said plaintiffs take nothing by their said suit in this behalf but that said defendants go thereof without day and recover of said plaintiffs their costs and charges herein expended and have thereof execution.
**Pacific Rail Road, Plaintiff. vs. Henry W. Williams, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by its attorney but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by its attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Eleven hundred and eleven dollars and twelve cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also its costs and charges in this behalf expended and have thereof execution.
**John W. Greene, Plaintiff. vs. Ellen Dickson, Defendant.**
Abstract by plaintiff filed, and case continued at costs of plaintiff.
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**Viewer Page 223** (rcdbook1855_25_0222.jpg)
> Handwritten Page Number on Record Book: 215
**October Term 1855. Tuesday December 4th 1855.**
**Jacob Baker, Plaintiff. vs. William Zigingham & Julius Hotz, Defendants.**
Now at this day comes said plaintiff by his attorney and dismisses this suit as to the defendant Julius Hotz, but the defendant William Zigingham although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed.
**Henry Lewis Jr. et. al. Plaintiffs. vs. Henry Lyons, Defendant.**
Answer to amended Petition filed.
**Daniel Blodgett, Plaintiff. vs. Isaac T. Greene, Defendant.**
Continued on affidavit this day filed at costs of defendant.
**Alexander Baily, Plaintiff. vs. Joseph Mogridge, et. al. Defendants.**
Abstract of points filed.
**George Myers, Plaintiff. vs. Frederick Norcum, Defendant.**
Motion to suppress depositions, and abstract filed.
**Jacob Conrad, Plaintiff. vs. The City of St. Louis, Defendant.**
Motion to strike out defendants answer filed.
**Robert P. Clarke, Lyman Scott, and William A. Whiting, Plaintiffs. vs. Steamer "Uncle Sam". Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury, viz : John Worson, Samuel Galbreath, Highland Davis, Henry Wilker, Joseph H. Webster, Edmund Croak, Henry Cramer, H. B. Brinker, A. L. Danjen, Patrick Conden, D. Cassy and A. Johnston, twelve good and lawful men, who being duly elected, tried and sworn well and truly to assess the damages sustained by the plaintiffs herein, and having heard the evidence the Jury aforesaid upon their oaths aforesaid assess the plaintiff's damages at the sum of Eleven hundred and sixty four dollars and sixty cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of John Lee the principal and William Finney the security in the bond given for the release of said boat the sum aforesaid in form aforesaid by the Jury assessed and also their costs and charges herein expended and have thereof execution.
**Anthony W. Van Leer, Benjamin M. Runyan, Frederick W. Miller, James Miller & George Stacker, Plaintffs. vs. John B. Osborne, Defendant.**
Non Suit.
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury, viz : Frank A. Peitz, Jacob Fisher, William Moore, P. Carran, Conrad Dole and Paul Dejole, by consent, six good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial progressed, when the plaintiffs say they will not further prosecute their said suit in this behalf but voluntarily take a non suit. It is therefore considered and adjudged by the Court that said plaintiffs take nothing by their said suit in this behalf but vol-said defendant go thereof without day and recover of said plaintiffs his costs and charges herein expended and have thereof execution.
**Isabella A. Vanderhagen, Plaintiff. vs. William Vanderhagen, Defendant.**
Motion in arrest of judgment filed.
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> Handwritten Page Number on Record Book: 216
**October Term 1855. Tuesday December 4th 1855.**
**William R. Robinson, Plaintiff. vs. William Sigerson, Defendant.**
Continued.
**John Taylor, Plaintiff. vs. John L. Blaine, Defendant.**
Continued by consent.
Jefferson Scott and Richard C. Shackelford, two credible witnesses, come into open Court, and prove to the satisfaction of the Court, the execution by Henry C. Hart & Elizabeth L. Hart his wife, of a Deed of Emancipation to a female slave named Susan aged about twenty five years, a mulatto, and the wife of a certain free man of color named George Kibby.
H. B. Cozzens and J. H. Gleim, two credible witnesses, come into open Court, and prove to the satisfaction of the Court the execution by Joseph Charles, C. T. Charles, Taylor Blow & E. A. W. Blow, of a Deed of Emancipation to Ophelia aged _ years and daughter of Silvia Mc. Coy, liberated by the last will of Sarah Charles.
**Norman Cutter, Plaintiffs. vs. M. A. Childress, Defendant.**
Continued.
**Richard Rapier, Plaintiff. vs. William R. Campbell, Defendant.**
Abates.
The death of the defendant having heretofore viz: at the November Term 1854 of this Court, on the 23rd January 1855 been suggested to the Court, it is ordered and adjudged by the Court that this suit abate.
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> Handwritten Page Number on Record Book: 217
**October Term 1855. Wednesday December 5th 1855.**
The Court met pursuant to adjournment, Present as before.
**Anna E. Wilson, Plaintiff. vs. Nathan F. Wilson, Defendant.**
Divorce. Decree.
Now at this day comes said plaintiff by her attorney but said defendant although duly notified and called comes not but makes default, wherefore in motion of said plaintiff by her attorney it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find from such proofs that the plaintiff is an innocent and injured person. It is therefore considered and adjudged by the Court that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant and be restored to all the rights and privileges of an unmarried person and recover of said defendant her costs and charges herein expended and have thereof execution.
Trusteen Polk and Joseph Rowe, two credible witnesses, come into open Court and prove to the satisfaction of the Court the execution by Mary E Boyce of a Deed of Emancipation to a negro woman named Ann Maria Harris, commonly called and known as Maria.
**Robert P. Clarke, et. al. Plaintiffs. vs. Steamer "Uncle Sam" Defendant.**
Motion and reasons for new trial filed.
**George H. Griffin & Joseph D. Cheever, Plaintiffs. vs. Edward Walsh admr. of John Rice decd, Defendant.**
Dismissal.
It is ordered by the Court that the following entry be now made, nunc pro tunc, as of date the twenty second day of May last past, viz: "On motion of the defendant, by his attorney, it is ordered by the Court that this cause be dismissed at the costs of the plaintiffs, said plaintiffs having failed to give security for costs herein, in compliance with the order to that effect made at the last term of this Court."
**Margaret Scheyer, Plaintiff. vs. Joseph Scheyer, Defendant.**
Divorce. Decree.
Now at this day comes said plaintiff by her attorney but said defendant although duly notified and called, comes not but makes default, wherefore on motion of said plaintiff by her attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find from such proofs that said plaintiff is an innocent and injured person, it is therefore ordered, adjudged and decreed by the Court that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant and be restored to all the rights and privileges of an unmarried person, and recover of said defendant her costs and charges herein expended and have thereof execution.
**Reiner Beuter, Plaintiff. vs. William Aherns, Defendant.**
Now at this day come the parties aforesaid by their respective attorneys and thereupon come also a Jury, viz: John M. Hyntershitt, Conrad Doll, Thomas Francy, P. Conran, William Moore, Jacob Fisher, Frank A. Peitz, A. Johnston, D. Cassy, A. L. Danjen, H. B. Brinker, and Henry Cramer, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow.
**Catharine Pedro, Plaintiff. vs. Peter Pedro, Defendant.**
Amended Petition filed.
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> Handwritten Page Number on Record Book: 218
**October Term 1855. Wednesday December 5th 1855.**
**James Boswell, Plaintiff. vs. Lewis H. Martin's Admr., et. al. Defendants.**
Motion and reasons to strike from docket filed.
**Jothan Bigelow, Jr., Plaintiff. vs. Dominic J. Childs, Nathaniel Childs Jr., James B. Riends & Lewis F. Lacy, Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and the plaintiff dismisses this suit as to the defendant Dominic J. Childs, and the remaining parties consent and agree that the Court may under judgment in form of said plaintiff and against said defendants Nathaniel Childs Jr., James B. Ricods & Lewis F. Lacy, for the sum of Three hundred and seventy dollars and sixty one cents, debt. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as agreed and also his costs and charges herein expended and have thereof execution. Stay of Execution on foregering judgment until twenty fifth January next.
**Leander Lawrence, Plaintiff. vs. Ellridge G. Clark & Saugrain Michaw, Defendants.**
Non Suit.
Now at this day this cause being called for trial, said plaintiff although solemnly called comes not, wherefore on motion of said defendants by their attorney, it is ordered by the Court that said plaintiff be non suited. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf but that said defendants go thereof without day and recover of said plaintiff their costs and charges herein expended and have thereof execution.
**Chesebrough, Stearns & Co. Plaintiffs. vs. Nathan Card, Defendant.**
The Court having duly heard and considered the motion of said plaintiffs for leave to file an amended Petition herein, doth consider that the same be sustained. Amended Petition filed, until first day next term given defendant to answer same and cause continued.
**Ward H. Houghton, Plaintiff. vs. Ardelia O. Houghton, Defendant.**
Continued by consent.
**William Penn's Admr. Plaintiff. vs. Samuel B. Pilkington, Defendant.**
Continued at costs of plaintiff.
**Lawrence Myers, et. al. Plaintiffs. vs. William Monroe, Defendant.**
Continued by consent.
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> Handwritten Page Number on Record Book: 219
**October Term 1855. Thursday December 6th 1855.**
The Court met pursuant to adjournment, Present as before.
**In the matter of the assignment of Theodore Hequembourg.**
Charles Hequembourg to whom Theodore Hequembourg assigned all his property and effects, files an Inventory of such property and effects, whereupon on motion of said assignee it is ordered by the Court that Abraham Hurbell and Louis Bauman be appointed to appraise said property and effects so as aforesaid assigned.
**George Harrington, Plaintiff. vs. Lyman Mower, William Haslett, David Beakey & John Beakey, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his attorney and dismisses this suit as to the defendant Layman Mower, but the defendants William Haslett, David Beaky and John Beaky, although duly summoned and called, come not but make default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Four hundred and forty five dollars and fifty five cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Benjamin Brookes, Plaintiff. vs. William Hassinger, et. al. Defendants.**
Replication to defendant's off set, filed.
**Reiner Bueter, Plaintiff. vs. William Aherns, Defendant.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empanelled herein also come and thereupon the trial of this cause progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of One hundred and ten dollars and sixty two cents, Damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid by the Jury found and also his costs and charges herein expended and have thereof execution.
Jefferson S. Jerman, who is personally known to the Court, comes into open Court, and acknowledges the execution by him of a Deed of Emancipation to a negro woman named Keziah, aged about forty two years and of dark complexion.
**John S. Tyler & Judith T. Tyler, Plaintiffs. vs. Richard Stevens Admr. of Lewis Stevens. Defendant.**
Non Suit.
Now at this day come the parties aforesaid by their respective attorneys and thereupon comes a Jury, viz: John Worson, Highland Davis, Joseph H. Webster, Ralph Baker, Patrick Condon, Samuel Galbreath, Henry Wieker, Edmund Croak & Paul Dejerle, by consent, nine good and lawful men who being duly elected, tried and sworn well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being finished, the plaintiffs say they will not further prosecute their said suit in this behalf but voluntarily take a non suit with leave to move to set the same aside. It is therefore considered and adjudged by the Court that said plaintiffs take nothing by their said suit in this behalf but that said defendants go thereof without day and recover of said plaintiffs their costs and charges herein expended and have thereof execution.
**William T. Smith, Plaintiff. vs. Joseph Mogridge, et. al. Defendants.**
Continued with leave to defendant to answer during present term.
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> Handwritten Page Number on Record Book: 220
**October Term 1855. Friday December 7th 1855.**
The Court met pursuant to adjournment. Present as before.
**The City of Carondelet, Plaintiff. vs. John T. Barada, Alexander Desnoyers & Etienne Hebert, Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and consent and agree that the Court may render judgment in from of said plaintiff and against said defendants for the sum of Three hundred and sixty six dollars and sixty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as agreed and also his costs and charges herein expended and have thereof execution. Agreement filed.
**The City of Carondelet, Plaintiff. vs. John T. Barada, Alexander Desnoyers & Antoine Chouquette, Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and consent and agree that the Court may under judgment in form of said plaintiff and against said defendants for the sum of Twelve hundred and sixty three dollars and sixty four cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as agreed and also his costs and charges herein expended and have thereof execution. Agreement filed.
**Louis Baum, Plaintiff. vs. Israel Kutnewsky & Joseph Baum, Defendants.**
Confession of Judgment.
Now at this day come said defendants and file their statement in writing duly verified by affidavit, whereby they confess themselves indebted to said plaintiff in the sum of Nine hundred and forty two dollars and twenty six cents and consent that judgment be rendered against them for said sum. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as confessed and also his costs and charges herein expended and have thereof execution.
**John J. Anderson, Plaintiff. vs. Richard Jones & Thomas Derricks, Defendants.**
Judgment.
Now at this day comes said plaintiff by his attorney and dismisses this suit as to the defendant Thomas Derricks, but the defendant Richard Jones although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instruments of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Twenty five hundred and sixty eight dollars and fifty three cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Samuel Gaty, John S. Mc. Cune, Allen H. Glasby & Girard B. Allen, Plaintiffs. vs. Henry G. Bilstien, Defendant.**
Now at this day come the parties aforesaid by their respective attorneys and thereupon come also a Jury, viz : H. B. Brinker, A. L. Danjen, A. Johnston, John Warson, Ralph Baker, William Moore, Highland Davis, Joseph H. Webster, Thomas Francy, Conrad Doll, John M. Hyntershitt & F. A. Peitz, twelve good and lawful men who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid say they cannot agree amongst themselves upon a verdict in this cause, therefore it is considered by the Court that the said jury be discharged from rendering a verdict herein and that this cause be continued until the next term of this Court.
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> Handwritten Page Number on Record Book: 221
**October Term 1855. Friday December 7th 1855.**
**Joseph Street et. al. Plaintiffs. vs. John Bray & John W. Irwin, Defendants.**
Now at this day come the plaintiffs by their attorney and dismiss this suit as to the defendant John W. Irwin, but the defendant John Bray although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed.
**L M. Shreve, Plaintiff. vs. John S. Freligh, et. al. Defendants.**
By consent of parties it is ordered by the Court that the Default heretofore entered herein against certain of the defendants be and the same is hereby set aside, and leave is given said defendants to answer herein within ten days from this date.
**John M. Pratt, et. al. Plaintiffs. vs. George B. Michael, Defendant.**
Abstract filed.
**Jacob F. Ackler, Plaintiff. vs. Henry F. Ackler's Admr., Defendant.**
By leave of Court first had the defendant and by his attorney withdraws his Demurrer to additional Replication to fifth Plea, and files Rejoinder to additional Replication to fifth Plea.
**William E. Saltmarsh, Charles H. Saltmarsh, Morris Brady, James Means Jr. & John Lewis, Plaintiffs. vs. John C. Sinnolt, Defendant.**
Non Suit.
Now at this day this cause being called for trial said plaintiffs although solemnly called come not, wherefore on motion of said defendant by his attorney, it is ordered by the Court that said plaintiffs be non suited. It is therefore considered and adjudged by the Court that said plaintiffs take nothing by their said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiffs his costs and charges herein expended and have thereof execution.
**Mount St. Mary College to the use of Louisa (a woman of color) Plaintiff. vs. Francis B. Jameson & Edmund H. Mc. Cabe, Defendants.**
Dismissal.
Now at this day this cause being called for trial and no one appearing to prosecute the same, it is ordered by the Court that this cause be dismissed for such want of prosecution.
**James M. Lyon, et. al. Plaintiffs. vs. Joseph S. Hull, et. al. Defendants.**
Continued.
**Alexander Baily, Plaintiff. vs. Joseph Mogridge, et. al. Defendants.**
Continued by consent.
**George Myers, Plaintiff. vs. Frederick Norcum, Defendant.**
Continued.
**Robert Patterson, et. al. Plaintiffs. vs. John B. Camden, Defendant.**
Continued.
**Frederick Dent, Plaintiff. vs. James Sigerson, et. al. Defendants.**
Continued.
**George J. Murray, Plaintiff. vs. Eli Lofton, et. al. Defendants.**
Continued by consent.
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**Viewer Page 230** (rcdbook1855_25_0229.jpg)
> Handwritten Page Number on Record Book: 222
**October Term 1855. Saturday December 8th 1855.**
The Court met pursuant to adjournment. Present as before.
**In the matter of the assignment of Theodore Hequembourg.**
Assignee's Bond filed and approved by the Court.
**George M. Higginson, Plaintiff. vs. Ignatz Uhrig, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find from such proofs that said defendant is indebted to said plaintiff in the sum of Eleven hundred and seventy four dollars and forty five cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**L. M. Shreve, Plaintiff. vs. John S. Freligh, et. al. Defendants.**
Answer of defendant Spore filed, and on motion of the plaintiff leave is given him to amend his petition herein by striking out the words "to John S. Freligh trustee for" which amendment was accordingly made.
John A. Kafson, who is personally known to the Court, comes into Open Court and acknowledges the execution by him of a Deed of Emancipation to Lydia, of about the age of thirty years, dark, rather thin, middle height, quiet manners and rather cracked voice, now the wife of Stephen Woodley.
Richard Smith, who is personally known to the Court, comes into open Court and acknowledges the execution by him of a Deed of Emancipation to Joanna Mosely of yellow complexion commonly called a mulatte of medium size and aged about twenty two years.
**Benjamin F. Hickman, Plaintiff. vs. Auguste G. Brazeau, Defendant.**
Amendment to the Petition filed by consent.
**Francis P. Blair, Jr. Plantiff. vs. Peter Lindell, et. al. Defendants.**
Amended Petition in ejectment and answer to same filed.
**Enoch W. Clark, et. al. Plantiffs. vs. Thomas E. Courtenay, Defendant.**
Motion for Review filed by leave of Court.
**James E. Bouldin, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
The Court having duly heard and considered the motion to set aside the judgment and for a trial herein, and being fully advised of and concerning the premises, doth consider that said motion be overruled.
**John H. Price, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
The Court having duly heard and considered the motion to set aside the judgment and for a trial herein, and being fully advised of and concerning the premises, doth consider that said motion be overruled.
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> Handwritten Page Number on Record Book: 223
**October Term 1855. Saturday December 8th 1855.**
**Alexis Mudd, et. al. Plaintiffs. vs. Paul P. Patchin, Defendant.**
The Court having duly heard and considered the motion for a new trial herein and being fully advised of and concerning the premises doth consider that said motion be overruled, and having also duly heard and considered the motion in arrest of judgment herein and being fully advised of and concerning the premises doth consider that said motion be overruled.
**Robert P. Clarke, et. al. Plaintiffs. vs. Steamer "Uncle Sam" Defendant.**
The Court having duly heard and considered the motion for a new trial herein, and being fully advised of and concerning the premises doth consider that said motion be overruled.
**Arson Tousley, et. al. Plaintiffs. vs. Francis Saler, et. al. Defendants.**
The Court having duly heard and considered the Demurrer to the amended Petition herein, and being fully advised of and concerning the premises doth consider that said Demurrer be sustained. Leave is given the plaintiffs to amend said amended Petition by interliniation within ten days from this date.
**Charles G. Crauston, Plaintiff. vs. Ferdinand Stange, et. al. Defendants.**
The defendants by leave of Court withdraw their Demurrer to the amended Petition herein.
**James D. Pack, et. al. Plaintiffs. vs. John M. Wimer, Defendant.**
The defendant by leave of Court withdraws his motion to suppress the deposition of Clark Winsor filed herein.
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> Handwritten Page Number on Record Book: 224
**October Term 1855. Monday December 10th 1855.**
The Court met pursuant to adjournment. Present as before.
Francis McKay, a native of Ireland, and John Henry Fiedelday, a native of Germany, who apply to be citizens of the United States, come and prove to the satisfaction of the Court, that they have 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 they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United Sates concerning the naturilization of foreigners, and they declaring, here, in open Court, upon oath, that they will support the Constitution of the United States, and that they do entirely and absolutely renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly the said Francis Mc. Kay to the Queen of Great Britain and Ireland of whom he is at present a subject, and the said John Henry Fiedelday, to the King of Hanover, of whom he is at present a subject, therefore the said Francis Mc. Kay and John Henry Fiedelday are admitted Citizens of the United States of America.
Herman H. Stockhow, a native of Germany, aged twenty two years, who applies to be admitted a citizen of the United States, comes and proves to the satisfaction of the Court, by the testimony of John F. Greve and George W. Fiedelday, two credible witnesses, citizens of the United States, that he arrived in the United States a minor, under the age of eighteen years, that he was resided in the United States for at least five years, including the years of his minority, 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 said applicant declaring here, in open Court, upon oath, that for three years last past it has been, bonafide, his intention to become a citizen of the United States and he declaring also 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 the King of Hanover, of whom he is at present a subject, therefore the said Herman H. Stockhov, is admitted a Citizen of the United States of America.
**Benjamin F. Hickman, Plaintiff. vs. Auguste G. Brazean, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys and consent and agree that the Court may render judgment in favor of said plaintiff and against said defendant for the sum of Twenty five dollars. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as agreed and also his costs and charges herein expended and have thereof execution. Agreement filed.
Jordan W. Early, who is personally known to the Court, comes into open Court and acknowledges the execution by him of a Deed of Emancipation to his son Oscar Early, aged about eighteen years.
**John A. Ubsdell, Charles Pierson, William Barr & James Duncan, Plaintiffs. vs. Charles Carr & Andrew Carr, Defendants.**
Order of Publication.
Now at this day come said plaintiffs by their Attorney and file their Petition herein duly verified by affidavit, and it appearing to the satisfaction of the Court from the affidavit of said plaintiffs that said defendants are non residents of the State of Missouri and cannot be served with process, it is therefore, on motion of said plaintiffs by their Attorney, ordered by the Court that said defendants be notified by the publication according to law of this order, that said plaintiffs have instituted suit against them in the St. Louis Circuit Court, the object of which is to obtain judgment against them for the sum of Eight hundred and sixty four dollars and 35 cents balance due for goods sold and delivered to said defendants, and that unless they be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis in the State of Missouri on the second Monday in march next and on or before the sixth day of said term answer the petition of said plaintiffs the same will be taken against them as confessed.
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**Viewer Page 233** (rcdbook1855_25_0232.jpg)
> Handwritten Page Number on Record Book: 225
**October Term 1855. Monday December 10th 1855.**
**John A. Ubsdell, Charles Pierson, William Barr, & James Duncan, Assignees of Henry D. Cunningham & Co. Plaintiffs. vs. James Gallagher, surviving partner &c. Defendant.**
Order of Publication.
Now at this day come said plaintiffs by their Attorney and file their petition herein duly verified by affidavit, and it appearing to the satisfaction of the Court from the affidavit of said plaintiffs that said defendant is a non resident of the State of Missouri and cannot be served with process, it is therefore, on motion of said plaintiffs by their Attorney, ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiffs have instituted suit against him in the St. Louis Circuit Court the object of which is to obtain judgment for the sum of One thousand five hundred and ninety two dollars and twenty six cents balance due for goods sold and delivered to said defendant, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis in the State of Missouri on the second Monday in March next and on or before the sixth day of said term answer the petition of said plaintiffs the same will be taken against him as confessed.
**John A. Ubsdell, Charles Pierson, William Barr & James Duncan, Assignees of Henry D. Cunningham & Co. Plaintiffs. vs. Patrick Kenney, Defendant.**
Order of Publication.
Now at this day come said plaintiffs by their Attorney and file their petition herein duly verified by affidavit, and it appearing to the satisfaction of the Court from the affidavit of said plaintiffs that said defendant is a non resident of the State of Missouri and cannot be served with process, it is therefore, on motion of said plaintiffs by their attorney, ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiffs have instituted suit against him in the St. Louis Circuit Court the object of which is to obtain judgment for the sum of Three hundred and sixty one dollars and six cents for goods sold and delivered said defendant, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis in the State of Missouri on the second Monday in March next and on or before the sixth day of said term answer the petition of said plaintiffs the same will be taken against him as confessed.
**John A. Ubsdell, Charles Pierson, William Barr, & James Duncan, Assignees of Henry D. Cunningham & Co. Plaintiffs. vs. Thomas Quinn, Defendant.**
Order of Publication.
Now at this day come said plaintiffs by their Attorney and file their petition herein duly verified by affidavit, and it appearing to the satisfaction of the Court from the affidavit of said plaintiffs that said defendant is a non resident of the State of Missouri and cannot be served with process, it is therefore, on motion of said plaintiffs by their attorney, ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiffs have instituted suit against him in the St. Louis Circuit Court the object of which is to obtain judgment against him for the sum of Five hundred and fifty eight dollars and five cents due for goods sold and delivered to defendant by plaintiffs, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis in the State of Missouri on the second Monday in March next and on or before the sixth day of said term answer the petition of said plaintiffs the same will be taken against him as confessed.
**John A. Ubsdell, Charles Pierson, William Barr, & James Duncan, Plaintiffs. vs. James Gallagher, surviving partner &c. Defendant.**
Order of Publication.
Now at this day come said plaintiffs by their Attorney and file their petition herein duly verified by affidavit, and it appearing to the satisfaction of the Court from the affidavit of said plaintiffs that said defendant is a non resident of the State of Missouri and cannot be served with process, it is therefore, on motion of said plaintiffs by their attorney, ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiffs have instituted suit against him in the St. Louis Circuit Court, the object of which is to obtain judgment for the sum of One thousand six hundred and twenty four dollars and thirty two cents due for goods sold and delivered to defendant, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis in the State of Missouri on the second Monday in March next and on or before the sixth day of said term answer the petition of said plaintiffs the same will be taken against him as confessed.
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> Handwritten Page Number on Record Book: 226
**October Term 1855. Monday December 10th 1855.**
**John A. Ubsdell, Charles Pierson, William Barr & James Duncan, Assignees of Henry D. Cunningham & Co. Plaintiffs. vs. Michael Doan, Defendant.**
Order of Publication.
Now at this day come the plaintiffs by their Attorney and file their petition herein duly verified by affidavit, and it appearing to the satisfaction of the Court from the affidavit of said plaintiffs that said defendant is a non-resident of the State of Missouri and cannot be served with process, it is therefore, on motion of said plaintiffs by their Attorney, ordered by the Court that said defendant be notified by the publication according to law of this order that said plaintiffs have instituted suit against him in the St. Louis Circuit Court the object of which is to obtain judgment for the sum of Two hundred and thirty six dollars and thirty five cents balance due for goods sold and delivered said defendant, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis in the State of Missouri on the second Monday in March next and on or before the sixth day of said term answer the petition of said plaintiffs the same will be taken against him as confessed.
**John A. Ubsdell, Charles Pierson, William Barr & James Duncan, Assignees of Henry D. Cunningham & Co. Plaintiffs. vs. Thomas Malloy, Defendant.**
Order of Publication.
Now at this day come said plaintiffs by their attorney and file their petition herein duly verified by affidavit, and it appearing to the satisfaction of the Court from the affidavit of said plaintiffs that said defendant is a non resident of the State of Missouri and cannot be served with process, it is therefore, on motion of said plaintiffs by their Attorney, ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiffs have instituted suit against him in the St. Louis Circuit Court the object of which is to obtain judgment against him for the sum of Four hundred and forty seven dollars and seventy two cents balance due for goods sold and delivered defendant, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis in the State of Missouri on the second Monday in March next and on or before the sixth day of said term answer the petition of said plaintiffs the same will be taken against him as confessed.
Sheriff's Deed. Turner Maddox Esquire, Sheriff of St. Louis County, comes into open Court and acknowledges the execution by him as Sheriff as aforesaid of a Deed to Hiram Crittenden of all the right, title, interest, claim estate and property of Eugene Leitensdofer of, in and to a certain lot of ground situate, lying and being in the Town of Carondelet, County of St. Louis and State of Missouri containing one hundred and fifty feet, more or less, in front, by one hundred and fifty feet, more or less, deep, French measure, being all that remains of the Lot conveyed to Eugene Leitensdofer by Alexis Marie and others, by deed recorded 28th January 1819 in the Recorder's Office of St. Louis County in Book 76 page 166 being the remainder of said block not sold by said Leitensdorfer; also one other lot of ground in said town of Carondelet containing one hundred and sixty feet square, more or less, bounded north by G. Leitensdorfer, east by lot of Eugene Leitensdorfer, south by a street which separates the same from lot of Henry Laforce and westwardly by second main street which separates the same from lot of Ignace Tayou, being the same lot acquired by Gabriel Hunot from Benorst Marechal & wife by deed dated January the 7th 1828, recorded in the Recorder's Office in Book O. page 129 and sold by said Hunot to said Eugene Leitensdorfer December 4, 1833 by deed recorded in said Recorder's Office in Book E No. 2, page 129; also one other lot in said town of Carondelet, designated in the Plat of said town of the block number ninety one containing three hundred feet French measure, bounded north by A. no. one street, East by third street, south by A. no. 2 street, and West by Fourth; also one other lot in said Town of Carondelet, fronting one hundred and fifty feet on main street, by one hundred and fifty feet deep, bounded north by lot of Thomas Leitensdorfer, West by Antoine Vein, South by a Cross street, and East by Main street; Also a certain piece of ground described as follows, represented on the map in the Surveyor General's office as Survey No. 38 in the name of John Eugene Lietensdorfer, under J B. Gamache Sen, which is bounded as follows, North by land claimed by the Town of Carondelet as Commons, East by Third street, South by C. Street, West by the east line of the Common field lots of Carondelet, and contains about four hundred and fifty feet, more or less, on Third street by a depth of about Seven hundred feet, more or less; Also one other lot of ground in said town of Carondelet, being block No. fifty one, bounded North by C. street, East by second street, South by D. street, & West by third street, containing three hundred feet square, more or less; sold by virtue and under authority of an Execution issued from the Clerk's office of the St. Louis Circuit Court on the ninth day of November 1855. In favor of the said Hiram Crittenden and against the said Eugene Leitensdorfer.
**Joab Teney, Plaintiff. vs. The City of St. Louis, Defendant.**
Dismissal.
On motion of the plaintiff by his Attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
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**Viewer Page 235** (rcdbook1855_25_0234.jpg)
> Handwritten Page Number on Record Book: 227
**October Term 1855. Monday December 10th 1855.**
**Joseph Farrell, Plaintiff. vs. D. B. Morehouse & Edward Walsh, Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective attorney and file Report of Referees herein, and by consent and agreement of the parties it is ordered by the Court that said Report be confirmed, and the said Report showing that the defendants are indebted to the plaintiff in the sum of One hundred and twenty one dollars and twenty five cents, it is considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid by the Referees found and also his costs and charges herein expended and have thereof execution, and the Court doth allow Barton Bates and Aylett H. Buckner the Referees herein the sum of Fifteen dollars each for their services as such, said allowance to be taxed as costs herein.
**Henry B. Belt, Plaintiff. vs. John M. Wimer, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and the Report of Referee herein being submitted to the Court for confirmation and the Court being satisfied that said Report is just and correct, doth confirm the same, and said Report showing that there is a balance due plaintiff by said defendant of twenty cents, it is considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid by the Referee found and have thereof execution, and by consent of parties it is ordered by the Court that the costs of this proceeding be equally divided between the parties aforesaid and that execution issue therefor, and the Court doth allow Thomas L. Snead the Referee herein the sum of Sixty five dollars for his services as such, to be taxed as costs herein.
**John Doyle, Plaintiff. vs. Jane Doyle, Defendant.**
Motion to strike out answers of M. P. Doyle from the deposition filed.
**James T. Severingen, et. al. Plaintiffs. vs. Harvard F. Christy, et. al. Defendants.**
Continued.
**Fred W. Ingle, Plaintiffs. vs. Christopher Ludloff, et. ax. Defendants.**
The Court having duly heard and considered the motion for a new trial herein and being fully advised of and concerning the premises doth consider that said motion be overruled, and having also duly heard and considered the motion in arrest of judgment herein and being fully advised of and concerning the premises doth consider that said motion be overruled.
**Enoch W. Clark, et. al. Plaintiffs. vs. Thomas E. Courtenay, Defendant.**
The Court having duly heard and considered the motion for a Review herein and being fully advised of and concerning the premises doth consider that said motion be overruled.
**Daniel D. Page, et. al. Plaintiffs. vs. Edward H. Gleim, et. al. Defendants.**
Abstract of issues filed.
**Jacob Conrad, Plaintiff. vs. The City of St. Louis, Defendant.**
The Court having duly heard and considered the motion to strike out such portions of defendants answer as set up the repeal of the law under which plaintiff claims right of action, and being fully advised of and concerning the premises doth consider that said motion be sustained.
**James F. Glenn, Plaintiff. vs. William E. Saltmarsh, et. al. Defendants.**
On motion of the plaintiff by his attorney leave is given him to file an amended Petition herein within ten days from this date.
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**Viewer Page 236** (rcdbook1855_25_0235.jpg)
> Handwritten Page Number on Record Book: 228
**October Term 1855. Monday December 10th 1855.**
**Charles M. Ellard, Plaintiff. vs. John M. Wimer, Defendant.**
Now at this day come the parties aforesaid by their respective attorneys and thereupon come also a Jury, viz: John B. Roy, Joseph Mallett, J. B. White, Robert Worson, John Bela, Charles G. Fell, Aswell Benkendorf, R. B. Edgar, William D'Oench, Eli D. Scott, D. B. Thayer and Francis Hoffelman, twelve good and lawful men, who being duly elected tried and sworn well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed but not being concluded at the hour of adjournment, further proceedings herein are continued until tomorrow.
**Thomas Allen, Plaintiff. vs. The City of St. Louis, et. al. Defendants.**
Continued.
**Dred Scott, Plaintiff. vs. Irene Emerson, Defendant.**
Continued.
**Ferdinand Kusterstephan, Plaintiff. vs. Joseph Beggs, et. al. Defendants.**
Continued.
**The Bank of the State of Missouri, Plaintiff. vs. Loung Pickering, et. al. Defendants.**
Continued.
**The Ohio Life Insurance & Trust Company of Ohio, Plaintiff. vs. George Trowbridge & John G. Priest, Defendant.**
By consent of parties, it is ordered by the Court, that unless the plaintiff do within twenty days from this date, pay all the costs which have accrued herein, it shall stand non suited.
**Mary Ann Corner, Plaintiff. vs. Charles Corner, Defendant.**
The Court having duly heard and considered the Demurrer herein, and being fully advised of and concerning the premises, doth consider that said demurrer be sustained. Leave is given the plaintiff to amend Petition herein at any time during the present term of this Court, and this cause is continued until the next term of this Court.
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**Viewer Page 237** (rcdbook1855_25_0236.jpg)
> Handwritten Page Number on Record Book: 229
**October Term 1855. Tuesday December 11th 1855.**
The Court met pursuant to adjournment. Present as before.
Emil Lange and Cord Ludiman, natives of Germany, who apply to be citizens of the United States, come and prove to the satisfaction of the Court, that they have 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 they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United States concerning the naturilization of foreigners, and they declaring, here, in open Court, upon oath, that they will support the constitution of the United States, and that they do entirely and absolutely, renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince State and Sovereignty whatsoever, and particularly the said Emil Lange to the Grand Duke of Hessia of whom he is at present a subject and the said Cord Ludiman to the King of Hanover of whom he is at present a subject, therefore the said Emil Lange and Cord Ludiman are admitted Citizens of the United States of America.
B. M. Lynch and A. G. Switzer, two credible witnesses, come into open Court, and prove to the satisfaction of the Court, the execution by Samuel R. Fondren of a Deed of Emancipation to a mulatto slave named Jim, aged about twenty years.
George C. Greene, who is personally known to the Court, comes into open Court, and acknowledges the execution by him of a Deed of Emancipation to Sally Deaver, aged about forty two years, about five feet four inches in height, medium sized and black colored.
**Charles M. Ellard, Plaintiff. vs. John M. Wimer, Defendant.**
Judgment.
Now at this day come again the parties aforesaid by their respective Attorneys, and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiff in the sum of One hundred and ninety four dollars and thirty cents, Damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Ellen M. Gideon, Plaintiff. vs. Joseph Gideon, Defendant.**
Order of Publication.
Now at this day comes said plaintiff by her Attorney and files her petition herein, duly verified by affidavit, and it appearing to the satisfaction of the Court from the affidavit of said plaintiff that said defendant is a non-resident of the State of Missouri and cannot be served with process, it is therefore, on motion of said plaintiff by her Attorney, ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against him in the St. Louis Circuit Court the object of which is to obtain a divorce from him on the ground of desertion, and that unless he be and appear at the next term of said Court, to be begun and held at the City of St. Louis within and for the County of St. Louis in the State of Missouri on the second Monday in March next, and on or before the sixth day of said term answer the petition of said plaintiff the same will be taken against him as confessed.
**Marie Tison by next friend, Plaintiff. vs. Francois Tison, Defendant.**
Demurrer to the petition filed.
**James F. Glenn, Plaintiff. vs. William E. Saltmarsh, et. al. Defendants.**
Amended Petition filed.
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**Viewer Page 238** (rcdbook1855_25_0237.jpg)
> Handwritten Page Number on Record Book: 230
**October Term 1855. Tuesday December 11th 1855.**
**Henry G. Soulard, Plaintiff. vs. The City of St. Louis, Defendant.**
Abstract of issues filed.
**Henry G. Soulard, et. al. Plaintiffs. vs. The City of St. Louis, Defendant.**
Abstract of issues filed.
**David B. Hill, Plaintiff. vs. The City of St. Louis, Defendant.**
Abstract of issues filed.
**Isaac T. Greene, Plaintiff. vs. Dennis Marks, Almira M. Marks & Luther C. Clark, Defendant.**
Non Suit.
Now at this day this cause being called for trial, the plaintiff although solemnly called, comes not, wherefore on motion of said defendants by their Attorney, it is ordered by the Court that said plaintiff be non suited. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf but that said defendants go thereof without day and recover of said plaintiff their costs and charges herein expended and have thereof execution.
**Margaret Thomas, Plaintiff. vs. Charles R. Anderson, Defendant.**
Continued.
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**Viewer Page 239** (rcdbook1855_25_0238.jpg)
> Handwritten Page Number on Record Book: 231
**October Term 1855. Wednesday December 12th 1855.**
The Court met pursuant to adjournment. Present as before.
**Eliza M. Perry, et. al. Plaintiffs. vs. Mason Frissell, et. al. Defendants.**
Third Report of Charles D. Drake, Commissioner, filed, and separate Sheriff's Report of Sale for the Counties of Washington, Jefferson, Carroll, Franklin, St. Charles, Linn and Chariton, filed.
Ferdinand W. Sennewald, a native of Germany, aged twenty three years, who applies to be admitted a citizen of the United States, comes and proves to the satisfaction of the Court, by the testimony of William D'oench and Joseph Indest, two credible witnesses, citizens of the United States, that he arrived in the United States a minor, under the age of eighteen years, that he has resided in the United States at least five years, including the years of his minority, 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 said applicant declaring here, in open Court, upon oath, that for three years last past it has been bona fide, his intention to become a citizen of the United States, and he declaring also 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 the King of Hanover of whom he is at present a subject, therefore the said Ferdinand W. Sennewald is admitted a citizen of the United States of America.
Andrew Harty, a native of Ireland, who applies to be a citizen of the United 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 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 renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly to the Queen of Great Britain and Ireland of whom he is at present a subject, therefore the said Andrew Harty is admitted a citizen of the United States of America.
**Luther C. Clark, Plaintiff. vs. John Maguire, Defendant.**
Continued.
**Henry Clarkson, Plaintiff. vs. James Clarkson, Defendant.**
Continued.
**David B. Hill, Plaintiff. vs. The City of St. Louis, Defendant.**
Continued as on affidavit at costs of defendant.
**Henry G. Soulard, et. al. Plaintiffs. vs. The City of St. Louis, Defendant.**
Continued as on affidavit at costs of defendant.
**Henry G. Soulard, Plaintiff. vs. The City of St. Louis, Defendant.**
Continued as on affidavit at costs of defendant.
**Thomas Webster, Plaintiff. vs. William Anderson, et. al. Defendants.**
Continued.
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**Viewer Page 240** (rcdbook1855_25_0239.jpg)
> Handwritten Page Number on Record Book: 232
**October Term 1855. Wednesday December 12th 1855.**
**Charles Boswell, Plaintiff. vs. Henry Zufal, Defendant.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this suit be dismissed, and that the defendant pay the costs herein accrued and that execution issue therefore.
**John M. Cashman, et. al. Plaintiffs. vs. Sylvester Ball, et. al. Defendants.**
Continued.
**Alexander Young, Plaintiff. vs. Thomas Welster, et. al. Defendants.**
Continued.
**Arthur Kempland, et. al. Plaintiffs. vs. Leroy Kingsland, et. al. Defendants.**
Continued.
**James Boswell, Plaintiff. vs. Ally Williams Admr. of Lewis H. Martin decd. & John S. Doak, Defendants.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Peter Brooks, Plaintiff. vs. Jacob Henn, et. al. Defendants.**
Continued by consent.
**In the matter of Charles R. Hall Admr. of Joshua Tevis, deceased. and William P. Scott Trustee of Harriet W. Tevis, Petitioners for Partition of partnership assets.**
Now come the said parties and show to the Court here that the Commissioners in this case appointed have, after taking the oath required by the order of appointment, proceeded to apportion and divide the assets in the petition described, between the parties interested according to their respective interests as set forth in the petition, which report is now to the Court shown, the same having been filed on the first day of the present term of Court, which Report is in the words and figures following, viz:
To the St. Louis Circuit Court. The undersigned commissioners appointed to take account and make partition of the assets described in the petition of Charles R. Hall administrator of Joshua Tevis and William P. Scott Trustee of Harriet W. Tevis presented to this Court at the last term, do report as follows. That before making said partition they made and subscribed and affidavit endorsed on the back of copy of the order appointing them, faithfully and impartially to discharge their duties as such commissioners. And now having taken said oath (as appears by said affidavit) prescribed by the order of Court hereto annued to discharge their duty faithfully and impartially they do report to the Court here that they made partition of said assets as follows. They have estimated the value of the accounts bills receivable and claims belonging to the late firm of Tevis, Scott & Tevis No. 1. Valuing the same in each case according to the chances or prospect of realizing the whole or a part of the same and do say in their oaths that they consider the total value of the assets of Tevis, Scott & Tevis No. 1. as shown in the schelude herewith filed and signed by the undersigned Commissioners to be Twelve Thousand seven hundred and forty two 04/100 dollars of which the said John C. Tevis was entitled to (2/3) two thirds which now belongs to William P. Scott Trustee of Harriet W. Tevis. That of the assets of Tevis, Scott & Tevis No. 2. They have made a like valuation and estimate and do say on their oaths that they consider the total value of the said assets of Tevis, Scott & Tevis No. 2 to be Six thousand four hundred and nine 60/100 dollars, Whereof the said William P. Scott Trustee as aforesaid is entitled to one half. That in view of the importance and desirableness of giving to each party a complete set of Books, they have deemed it best and most equitable to allot to William P. Scott Trustee of Harriet W. Tevis all the assets of Tevis, Scott & Tevis No. 1 enumerated in the said schelude together with all the books and papers rightfully belonging to said firm. This makes the said William P. Scott Trustee as aforesaid debtor to Charles R. Hall administrator of Joshua Tevis in the sum of Four Thousand two hundred forty seven 35/100 dollars. 4247.35
They have also on the same principal allotted to Charles R. Hall administrator of Joshua Tevis all the assets of Tevis, Scott & Tevis No 2 enumerated in said schelude together with all the Books and papers belonging to said firm, which allotment makes the said Charles R. Hall administrator, debtor to William P. Scott Trustee in the sum [of ?] Thirty two hundred & four 80/100 dollars. 3204.80
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**Viewer Page 241** (rcdbook1855_25_0240.jpg)
> Handwritten Page Number on Record Book: 233
**October Term 1855. Wednesday December 12th 1855.**
leaving a balance of indebtedness from said William P. Scott Trustee to Charles R. Hall administrator of one thousand forty two 55/100 dollars. 1042.55 In satisfaction of which the undersigned allot and assign to Charles R. Hall administrator as aforesaid the following notes as exhibited on schedule of assets of Tevis, Scott & Tevis No. 1. at the value set forth therein.
| No. 1788 | G. R. Hotzinpellar | 51.00 |
| --- | --- | --- |
| 1789 | G. R. Hotzinpellar | 71.63 |
| 1790 | G. R. Hotzinpellar | 71.63 |
| 1791 | G. R. Hotzinpellar | 71.63 |
| 1852 | W & Smiley | 187.82 |
| 1779 | A. B. Porter & Brazelton | 510.56 |
| 1705 | B. P. Marlow | 79.65 |
| Amounting to Ten hundred forty three 92/100 dollars | 1043.92 = 1043.92 | |
Your commissioners further report that there are certain other claims and debts belonging to said firm which are enumerated in Schedule B. herewith filed. They say that these claims are believed to be wholly worthless of but little value. They belong to the "Profit & Loss" account of said Firm and these commissioners do not believe that the whole of them would sell for any sum, however small except on a mere speculation. They cannot discriminate between these claims and have decided the same according to the interest of the respective parties as disclosed in said Petition and according to the par value of said claims appearing on their face. allotting to the said Charles R. Hall administrator as aforesaid the debts and claims as listed in schedule C. and to the said Wiliam P. Scott Trustee as aforesaid the debts and claims as listed in schedule D. both of which are herewith filed. And the undersigned further report that the said two schedules A. & B. comprise a description of all the claims debts & assets of said petitioners described in said petition as far as they know or believe except what consists in Real Estate. Saint Louis 4th Oct. 1855.
Affidavit. State of Missouri, County of St. Louis. In the St. Louis Circuit Court. Chastain C. Saunders, Thomas A. Anderson and Thomas Mc. Adam, being duly sworn say on their oath that they will faithfully and impartially discharge their duties as Commissioners in the above entitled cause. Chastain C. Saunders, Thomas A. Anderson, Thomas Mc. Adam. Sworn to and subscribed before me this 9th June 1855.
Schedule A. Bills Receivable Tevis, Scott & Tevis No. 1. May 31st 1855. for Division.
| No. | Drawers | Date and Time | Amount | Amount of Credits | Balance of principals | Balance of Interest | Total | Valued |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 425 | A. G. Beazley | Apr 26/46 1 day | 2698 | 44 | 1400 | - | 1298 | 44 | 751 | 21 | 2049 | 65 | 683 | 52 |
| 426 | A. G. Beazley | Apr 27/46 6 ms. | 743 | 47 | | | 743 | 47 | 383 | 06 | 1126 | 53 | 375 | 51 |
| 1851 | J. Burnapp & Co. | Dec 31/50 6 ms. | 902 | 05 | 327 | | 575 | 65 | 138 | 95 | 714 | | 357 | |
| 1205 | J. T. Baldwin | Apr 16/49 6 ms. | 693 | 86 | | | 693 | 86 | 234 | 34 | 928 | 20 | 597 | 22 |
| 1783 | J. T. Baldwin | Sep 8/49 6 ms. | 474 | 93 | 33 | 60 | 441 | 33 | 142 | 43 | 583 | 76 | 583 | 76 |
| 1780 | Cole & Winchester | Dec 12/49 6 ms. | 989 | 30 | 300 | 10 | 689 | 20 | 201 | 70 | 890 | 90 | 890 | 90 |
| 1392 | Cole, Lyon & Co. | Oct 10/49 6 ms | 1257 | | 926 | 25 | 330 | 75 | 292 | 15 | 622 | 90 | 622 | 90 |
| 1117 | J. B. Crockett | Dec 17/47 demd | 425 | | | | 425 | | 190 | 18 | 615 | 18 | 615 | 18 |
| 1190 | Jno Dameron | Apr 10/49 6 mos | 1212 | 49 | 416 | 20 | 796 | 29 | 274 | 48 | 1070 | 77 | 50 | |
| 1474 | W. H. Griswold | Nov 15/49 6 mos | 126 | 24 | 20 | | 106 | 24 | 33 | 72 | 139 | 96 | 10 | |
| 1833 | E. Hussman | May 5/49 6 mos | 542 | 69 | | | 542 | 69 | 181 | 28 | 723 | 97 | 144 | 79 |
| 1832 | Geo. Henderson | Nov 23/50 1 day | 40 | | | | 40 | | 10 | 85 | 50 | 85 | 10 | |
| 1545 | Wesley Jones (Int from June 11/49) | | 1419 | 70 | 1122 | 86 | 296 | 84 | 252 | 83 | 549 | 67 | 10 | |
| 1546 | Wesley Jones (Int from Feby 12/50) | | 451 | 75 | | | 451 | 75 | 143 | 19 | 594 | 94 | 10 | |
| 1758 | J. A. Kelting | May 21/50 6 mos | 459 | 81 | | | 459 | 81 | 120 | 69 | 580 | 50 | 145 | 12 |
| 786 | W. G. Lee & Co. | Oct 12/47 6 mos | 988 | 52 | 314 | 43 | 674 | 09 | 304 | 23 | 978 | 32 | 195 | |
| 1275 | H. Levin | Aug 15/49 6 mos | 1464 | 26 | 146 | 01 | 1318 | 25 | 420 | 66 | 1738 | 91 | 100 | |
| 1061 | L. Lett | Oct 12/48 5 mos | 269 | 17 | 190 | 30 | 78 | 87 | 44 | 60 | 123 | 47 | 12 | 35 |
| 1064 | S. R. Marsh | Oct 9/48 6 mos | 2519 | 20 | 414 | 31 | 2104 | 89 | 771 | 54 | 2876 | 43 | 1438 | 22 |
| 1705 | B. P. Marlow | Apr 10/50 6 mos | 1926 | 60 | 1377 | 18 | 549 | 42 | 247 | 14 | 796 | 56 | 79 | 65 |
| 1729 | S. Maupin | Apr 27/50 1 day | 115 | 48 | | | 115 | 48 | 35 | 07 | 150 | 55 | 30 | |
| 1483 | S. Maupin | Oct 12/49 6 mos | 329 | 91 | | | 329 | 91 | 99 | 82 | 429 | 73 | 85 | 94 |
| 1183 | S. Maupin | Apr 4/49 6 mos | 228 | 37 | 10 | | 218 | 37 | 77 | 27 | 295 | 64 | 59 | 12 |
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**Viewer Page 242** (rcdbook1855_25_0241.jpg)
> Handwritten Page Number on Record Book: 234
**October Term 1855. Wednesday December 12th 1855.**
| 1570 | W. Payne | Mar 12/50 6 mos | 131 | 43 | | | 131 | 43 | 37 | 11 | 168 | 54 | 42 | 13 |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 751 | Phipps & Morris | Sep 21/47 1 day | 205 | 30 | 54 | | 151 | 30 | 73 | 90 | 225 | 20 | 45 | 00 |
| 1876 | W. P. Ousley | Sep 1/52 2 yrs | 691 | 05 | | | 691 | 05 | 28 | 79 | 719 | 84 | 239 | 61 |
| 1081 | W. B. Rumg | July 28/48 6 mos | 211 | 92 | | | 211 | 92 | 67 | 84 | 279 | 76 | 56 | |
| 919 | W. B. Rumg | Apr 20/48 6 mos | 680 | 20 | | | 680 | 20 | 269 | 73 | 949 | 93 | 189 | |
| | W. B. Rumg (#1832.34 paid) | Sep 23/47 6 mos | | | | | | | 39 | 81 | 39 | 81 | 9 | |
| 1082 | W. B. Rumg | July 28/48 1 day | 39 | | | | 39 | | 16 | | 55 | | 10 | |
| 824 | W. B. Rumg | Nov 9/47 6 mos | 649 | 97 | 198 | 58 | 451 | 39 | 225 | 68 | 677 | 07 | 136 | |
| 1670 | B. F. Roe | Apr 10/50 6 mos | 492 | 77 | | | 492 | 77 | 137 | 21 | 669 | 98 | 157 | 49 |
| 1327 | Sacey & Wait | Sep 11/49 6 mos | 76 | 27 | | | 76 | 27 | 23 | 81 | 100 | 08 | 5 | |
| 1795 | Geo Smizer | July 6/51 1 day | 51 | 16 | 25 | | 26 | 16 | 9 | 43 | 35 | 59 | 35 | 59 |
| 948 | W. L. Tool | May 17/48 6 mos | 299 | 79 | | | 299 | 79 | 117 | 50 | 417 | 29 | 104 | 39 |
| 944 | C. H. Van Dorn | May 15/48 6 mos | 300 | 67 | | | 300 | 67 | 117 | 50 | 418 | 17 | 20 | |
| 888 | C. H. Van Dorn | Apr 4/48 6 mos | 269 | 88 | | | 269 | 88 | 107 | 78 | 377 | 66 | 20 | |
| 1852 | W. & J. Wiley | July 6/51 1 day | 427 | 87 | 125 | | 302 | 87 | 72 | 76 | 375 | 63 | 187 | 82 |
| 1763 | B. Wilkinson | May 23/50 1 day | 53 | 58 | | | 53 | 58 | 14 | 13 | 67 | 71 | 30 | |
| 1878 | Thos F. Blunt | Dec 1/53 Due May 1/55 | 300 | | | | 300 | | 1 | 50 | 301 | 50 | 301 | 50 |
| 1779 | A. B. Porter, Craig & Brazleton | | 473 | 83 | (Int from date) | 473 | 83 | 36 | 73 | 473 | 83 | 510 | 56 | |
| 1781 | L. B. Fleak | Feby 17/54 9 mos | 597 | 50 | | | 597 | 50 | 19 | 40 | 616 | 90 | 123 | 38 |
| 1782 | L. B. Fleak | Feb 17/54 12 mos | 595 | 50 | | | 597 | 50 | 10 | 44 | 607 | 94 | 121 | 58 |
| 1783 | L. B. Fleak | Feb 17/54 2 yrs | 1792 | 50 | | | 1792 | 50 | | | 1792 | 50 | 358 | 50 |
| 854 | Words & Hicks | Mar 22/48 6 mos | 1742 | 81 | 345 | 98 | 1396 | 83 | 626 | 86 | 2023 | 69 | 100 | |
| 1787 | M. B. Cox | May 27/52 demd. | 100 | | | | 100 | | 18 | | 118 | | 50 | |
| 1788 | G. R. Hatzinpillar | Feby 1/51 2 yrs | 255 | | | | 255 | | | | 255 | | 51 | |
| 1789 | G. R. Hatzinpillar | Feby 1/51 3 yrs | 356 | 34 | | | 356 | 34 | | | 356 | 34 | 71 | 63 |
| 1790 | G. R. Hatzinpillar | Feby 1/51 4 yrs | 356 | 34 | | | 356 | 34 | | | 356 | 34 | 71 | 63 |
| 1791 | G. R. Hatzinpillar | Feby 1/51 5 yrs | 356 | 34 | | | 356 | 34 | | | 356 | 34 | 71 | 63 |
| 1784 | P. C. Agee | Feby 1/51 3 yrs | 356 | 34 | | | 356 | 34 | | | 356 | 34 | 118 | 63 |
| 1785 | P. C. Agee | Feby 1/51 4 yrs | 356 | 34 | | | 356 | 34 | | | 356 | 34 | 118 | 63 |
| 1786 | P. C. Agee | Feby 1/51 5 yrs | 356 | 34 | | | 356 | 34 | | | 356 | 34 | 118 | 63 |
| | | Bills Receivable | | | | | 25,109 | 48 | 7423 | 30 | 32532 | 78 | 10580 | 21 |
| | Accounts as assets | New Firm | | | | | | | | | 1903 | 83 | 1903 | 83 |
| | | Telegh. Stock | | | | | | | | | 158 | | 158 | |
| | | Harvey & Myers | | | | | | | | | 572 | 77 | 100 | |
| | | | | | | | | | | | | | 12742 | 04 |
Bills Receivable Tevis, Scott & Tevis No.2. May 31st 1855. for division.
| No. | Drawers | Date and Time | Amount | Amount of Credit | Balance of principal | Balance of interest | Total | Valued |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 290 | P. Barnett | July 6/50 6 mos | 553 | 83 | 315 | | 238 | 83 | 44 | 28 | 283 | 11 | 70 | 77 |
| 187 | Boatman & Small | Oct 24/50 6 mos | 905 | 36 | 360 | 58 | 544 | 78 | 174 | 33 | 719 | 11 | 100 | |
| 283 | Jno Burnapp | July 28/50 6 mos | 213 | 74 | | | 213 | 74 | 55 | 64 | 269 | 38 | 134 | 69 |
| 482 | J. H. Carden | Apl 29/51 6 mos | 269 | 56 | 77 | 64 | 191 | 92 | 46 | 23 | 238 | 15 | 59 | 54 |
| 303 | Campbell & Collison | Sep 1/50 6 mos | 993 | 54 | 811 | 70 | 181 | 84 | 124 | 69 | 306 | 53 | 153 | 26 |
| 456 | Cook & Tower | Apr 3/51 6 mos | 100 | | | | 100 | | 22 | | 122 | | 10 | |
| 595 | J & W. Dawson | July 1/51 7 mos | 1602 | 02 | 817 | 30 | 784 | 72 | 249 | 31 | 1034 | 03 | 1034 | 03 |
| 321 | E. Dunning | Sep 12/51 6 mos | 830 | 70 | 785 | | 45 | 70 | 62 | 50 | 108 | 20 | 21 | 00 |
| 450 | E. Dunning | Apr 15/51 6 mos | 891 | 40 | 444 | 30 | 447 | 10 | 157 | 01 | 604 | 11 | 121 | 00 |
| 467 | E. Dunning | May 30/51 6 mos | 227 | 95 | | | 227 | 95 | 47 | 88 | 275 | 83 | 55 | 00 |
| 37 | W. D. Freeman | July 24/50 6 mos | 295 | 66 | 280 | 15 | 15 | 51 | 16 | 36 | 31 | 87 | 2 | |
| 485 | J. G. Garrett | Apr 29/51 6 mos | 521 | 95 | 435 | 48 | 86 | 47 | 90 | 32 | 176 | 79 | 176 | 79 |
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**Viewer Page 243** (rcdbook1855_25_0242.jpg)
> Handwritten Page Number on Record Book: 235
**October Term 1855. Wednesday December 12th 1855.**
| 90 | S. Hollub | Sep 17/50 6 mos | 286 | 15 | 273 | 39 | 12 | 76 | 33 | 86 | 46 | 62 | 5 | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 229 | J. H. Heylen | Nov 14/50 4 mos | 259 | 72 | 193 | | 66 | 72 | 52 | 14 | 118 | 86 | 1 | |
| 448 | A. Helm | Apr 14/51 6 mos | 601 | 74 | 45 | | 556 | 74 | 122 | 48 | 679 | 22 | 169 | 84 |
| 412 | Geo Humphreys | Apr 5/51 6 mos | 178 | 74 | 101 | 50 | 77 | 24 | 21 | 47 | 98 | 71 | 24 | 67 |
| 520 | Hay & Jones | May 21/51 6 mos | 627 | 15 | 66 | 75 | 560 | 40 | 124 | 67 | 685 | 07 | 137 | 00 |
| 522 | Hay & Jones | May 23/51 6 mos | 172 | 42 | | | 172 | 42 | 36 | 12 | 208 | 54 | 41 | 70 |
| 616 | Hay & Jones | Nov 28/51 1 day | 50 | | | | 50 | | 10 | 50 | 60 | 50 | 12 | 10 |
| 255 | J. E. Jones | Dec 12/50 6 mos | 166 | 45 | 50 | | 116 | 45 | 23 | 24 | 139 | 69 | 34 | 92 |
| 553 | J. A. Kelting | May 30/51 6 mos | 404 | 95 | | | 404 | 95 | 85 | 05 | 490 | 00 | 122 | 50 |
| 466 | H. F. Krone | Apl 16/51 6 mos | 732 | 75 | 139 | 55 | 593 | 20 | 146 | 51 | 739 | 71 | 623 | 17 |
| 206 | H. F. Krone | Mar 2/50 6 mos | 533 | 46 | 492 | 74 | 40 | 72 | 37 | 11 | 77 | 83 | 77 | 83 |
| 234 | B. P. Marlow | Nov 16/50 6 mos | 639 | 65 | 3 | 38 | 636 | 27 | 165 | 20 | 801 | 47 | 80 | |
| 216 | Thos. Miller | Nov 5/50 1 day | 18 | 98 | | | 18 | 98 | 5 | 22 | 24 | 20 | 3 | |
| 230 | Jno. Piper | Nov 14/50 6 mos | 479 | 84 | 152 | | 327 | 84 | 58 | 71 | 386 | 55 | 386 | 55 |
| 4 | B. F. Roe | June 6/50 6 mos | 99 | 22 | | | 99 | 22 | 23 | 64 | 122 | 86 | 30 | 71 |
| 73 | B. F. Roe | Sep 10/50 6 mos | 640 | 36 | | | 640 | 36 | 136 | 53 | 776 | 89 | 194 | 22 |
| 232 | B. F. Roe | Nov 16/50 6 mos | 70 | 04 | | | 70 | 04 | 12 | 98 | 83 | 02 | 20 | 75 |
| 620 | Jno C. Mc. Curdy Stepleford | Sep 19/51 12 mos | 201 | 29 | | | 201 | 29 | 32 | 49 | 233 | 78 | 233 | 78 |
| 305 | A. Stalkup | July 28/51 6 mos | 1940 | 40 | 1343 | 22 | 597 | 18 | 240 | 75 | 837 | 93 | 10 | |
| 430 | Saml. Virden | Apr 10/51 6 mos | 781 | 05 | | | 781 | 05 | 169 | 86 | 950 | 91 | 237 | 73 |
| 285 | Jno P. Wiley | Feb 6/51 30 days | 254 | 45 | | | 254 | 45 | 64 | 55 | 319 | 00 | 106 | 33 |
| 485 | S. R. Wages | Aug 1/51 1 day | 108 | 27 | | | 108 | 27 | 24 | 84 | 133 | 11 | 108 | 27 |
| 630 | Sweet & Sujgley | Jany 28/54 1 day | 240 | 49 | | | 240 | 49 | 12 | | 252 | 49 | 126 | 24 |
| | | | | | | | 9,705 | 60 | 2,730 | 47 | 12,436 | 07 | 4725 | 59 |
| | Accounts as assets | | | | | | | | | | | | | |
| | | Tevis Sons & Co. | | | | | | | | | 1583 | 01 | | |
| | | Telegh. Stock | | | | | | | | | 96 | | | |
| | | Watson & Dawson | (9.86) | | | | | | | 5 | | 1684 | 01 | |
| | | | | | | | | | | | | | 6409 | 60 |
Schelude B. List of claims or assets embraced on Profit & Loss account of Tevis, Scott & Tevis No. 1.
| 727 | J. P. Jeffries | 53 | 12 |
| --- | --- | --- | --- |
| 1699 | M. Littleton | 35 | 50 |
| 1162 | Jno Fullerton | 449 | 20 |
| 1013 | Jno Fullerton | 213 | 78 |
| 1281 | J. S. & J. A. Lucas | 279 | 15 |
| 864 | Mc. Kay & Co. | 308 | 62 |
| 1393 | Stone & West | 372 | 40 |
| 1409 | W. Vanderpool | 1092 | 57 |
| 964 | P. Anderson Jr. | 45 | 39 |
| 1665 | C. J. F. Wilson | 59 | 28 |
| 790 | Hutton & Touzalin | 491 | 05 |
| 561 | R. P. Samuel | 615 | 41 |
| 667 | E. Dodson | 150 | |
| 1837 | J. W. Winkler | 178 | 94 |
| 900 | Minor & Eubank | 564 | 62 |
| 1047 | Minor & Eubank | 288 | 26 |
| 799 | Minor & Eubank | 84 | 83 |
| 346 | O. P. Crew | 75 | 99 |
| 1578 | J. V. Campbell | 300 | |
| 1566 | J. V. Campbell | 27 | 50 |
| 1370 | J. V. Campbell | 35 | 73 |
| 1371 | J. V. Campbell | 1471 | 82 |
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**Viewer Page 244** (rcdbook1855_25_0243.jpg)
> Handwritten Page Number on Record Book: 236
**October Term 1855. Wednesday December 12th 1855.**
| 1353 | W. F. Tannehill | 400 | |
| --- | --- | --- | --- |
| 305 | J. W. Hughes | 604 | 57 |
| 220 | J. W. Hughes | 239 | 91 |
| 616 | E. W. Cannon | 56 | 22 |
| 1841 | Jos. Martin | 200 | 50 |
| 1842 | Jos. Martin | 200 | 50 |
| 376 | W. H. Miller | 137 | 68 |
| 440 | W. H. Miller | 93 | 41 |
| 1863 | Dunlap & Anderson | 13 | 25 |
| 1538 | A. Button | 66 | 00 |
| | ford | 9205 | 20 |
| | | 9205 | 20 |
| 135.136.137 | Jno A. Wood #125 each | 301 | 75 |
| 1078 | J. A. Hill | 463 | 07 |
| 337 | F. Bridgman | 247 | 63 |
| 179 | Humblin & Jordan | 244 | 08 |
| 924 | R. Scarfield | 45 | 82 |
| 1778 | B. Brooks | 53 | 58 |
| 173 | G. Young | 165 | 00 |
| 406 | J. Head | 1335 | 82 |
| 1447 | A. Haff | 629 | 85 |
| 405 | A. Schackford | 354 | 06 |
| 1246 | A. J. Laurie | 200 | 00 |
| | St. Louis 4 Oct. 1855. | #13245 | 86 |
Schedule C. List of claims from Profit & Loss A/c of Tevis, Scott & Tevis No. 1. allotted to Chas. R. Hall admr. of Joshua Tevis.
| 337 | F. Bridgman | 247 | 63 |
| --- | --- | --- | --- |
| 1447 | A. Haff | 629 | 85 |
| 964 | P. Anderson Jr. | 45 | 39 |
| 1863 | Dunlap & Anderson | 13 | 25 |
| 667 | E. Dodson | 150 | |
| 1353 | W. F. Tannehill | 400 | |
| 1281 | J. S. & J. A. Lucas | 279 | 15 |
| 616 | E. W. Cannon | 56 | 22 |
| 790 | Hutton & Touzalin | 491 | 05 |
| 1078 | J. A. Hill | 463 | 07 |
| 864 | Mc. Kay & Co. | 308 | 62 |
| 173 | G. Young | 165 | |
| 305 | J. N. Hughes (2) | 604 | 57 |
| 1246 | A. J. Laurie | 200 | |
| 346 | O. P. Crow | 75 | 99 |
| 222 | J. N. Hughes (2) | 239 | 91 |
| | St. Louis 4th Oct 1855. | #4369 | 70 |
Schedule D. List of claims from Profit & Loss A/c of Tevis, Scott & Tevis No. 1. allotted to W. P. Scott Trustee of Harriet W. Tevis.
| 1841 | Jas Martin | 200 | 50 |
| --- | --- | --- | --- |
| 1842 | Jas Martin | 200 | 50 |
| 1665 | C. J. F. Wilson | 59 | 28 |
| 1162 | Jno Fullerton | 449 | 20 |
| 1013 | Jno Fullerton | 213 | 78 |
| 1393 | Stone & West | 372 | 40 |
| 1771 | B. Brooks | 53 | 58 |
| 1538 | A. Button | 66 | |
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**Viewer Page 245** (rcdbook1855_25_0244.jpg)
> Handwritten Page Number on Record Book: 237
**October Term 1855. Wednesday December 12th 1855.**
| 179 | Hamlin & Jordan | 244 | 08 |
| --- | --- | --- | --- |
| 1837 | J. W. Winkler | 178 | 94 |
| 900 | Minor & Eubank | 564 | 62 |
| 1047 | Minor & Eubank | 288 | 26 |
| 799 | Minor & Eubank | 84 | 83 |
| 406 | Jas. Head | 1335 | 82 |
| 376 | W. H. Miller | 137 | 68 |
| 440 | W. H. Miller | 93 | 41 |
| 924 | R. Scarfield | 45 | 82 |
| 561 | R. P. Samuel | 615 | 41 |
| 1409 | W. Vanderpool | 1092 | 57 |
| 135.6.7. | Jno. A. Wood | 301 | 75 |
| 727 | J. P. Jeffries | 53 | 12 |
| 405 | A. Schackford | 354 | 06 |
| 1578 | J. V. Campbell | 300 | |
| 1566 | J. V. Campbell | 27 | 50 |
| 1370 | J. V. Campbell | 35 | 73 |
| 1371 | J. V. Campbell | 1471 | 82 |
| 1699 | M. Littleton | 35 | 50 |
| | St. Louis 4th Oct 1855. | #8876 | 16 |
And thereupon the said parties move the Court here to approve and confirm the said report and to give judgment for the partition of said assets between the said parties according to the terms and conditions of said report, which motion being seen and heard and by the Court here fully understood, is by the said Court sustained. And the Court doth order, adjudge and decree that the said assets in said report described and set forth be divided between the said parties according to the terms and recommendations of said report and that the said parties pay the costs of this proceeding.
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> Handwritten Page Number on Record Book: 238
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**Viewer Page 247** (rcdbook1855_25_0246.jpg)
> Handwritten Page Number on Record Book: 239
**October Term 1855. Thursday December 13th 1855.**
The Court met pursuant to adjournment. Present as before.
**Christina Owens, Plaintiff. vs. Elias Owens, Defendant.**
Order of Publication.
Now at this day comes the said plaintiff by her Attorney and files her petition herein duly verified by affidavit, and it appearing to the satisfaction of the Court from the affidavit of said plaintiff that the defendant is a non resident of the State of Missouri and cannot be served with process, it is therefore, on motion of said plaintiff by her Attorney, ordered by the Court that the said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against him in the St. Louis Circuit Court the object of which is to obtain a divorce from him on the [the ?] grounds of cruel and inhuman treatment, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis in the State of Missouri on the second Monday in March next and on or before the sixth day of said term answer the petition of said plaintiff the same will be taken against him as confessed.
**Henry S. King, Plaintiff. vs. Alexander Chauvin and Augustus C. Chauvin, Defendants.**
Order of Publication.
It appearing to the satisfaction of the Court, from the affidavit of said plaintiff, that the said defendant Augustus C. Chauvin is a non-resident of the State of Missouri and cannot be served with process, it is, on motion of said plaintiff by his Attorney, ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against him in the St. Louis Circuit Court, the object of which is to obtain judgment for the balance due upon a certain note executed by the said Alexander and Augustus C. Chauvin to the plaintiff, on the 30th day of September 1855, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis, in the State of Missouri on the second Monday in March next, and on or before the sixth day of said term answer the petition of said plaintiff the same will be taken against him as confessed.
Jothan Bigelow Jr, who is personally known to the Court, comes into open Court, and acknowledges the execution by him of a Deed of Emancipation of a negro man named Augustus Mc. Murtry aged thirty three years, five feet 8½ inches high and of dark complexion.
**Charles M. Ellard, Plaintiff. vs. John M. Wimer, Defendant.**
Motion for new trial filed.
**Isaac T. Greene, Palintiff. vs. Dennis Marks, et. al. Defendants.**
On motion of the plaintiff by his Attorney, it is ordered by the Court that the non suit heretofore entered herein be and the same is hereby set aside, and this cause is continued until the next term of this Court.
**George W. Rucker, Plaintiff. vs. John M. Wimer, Defendant.**
Abstract of pleadings filed.
**James Yend & Robert L. Jones, Plaintiff. vs. Maria F. Brooks & John Brooks administrators of Peter Brook's decd. Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys and consent and agree that the Court may under judgment in favor of said plaintiffs and against said defendants for the sum of Three hundred and seventy six dollars and fifty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as agreed and also their costs and charges herein expended.
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**Viewer Page 248** (rcdbook1855_25_0247.jpg)
> Handwritten Page Number on Record Book: 240
**October Term 1855. Thursday December 13th 1855.**
**Edward Mead, Plaintiff. vs. Elizabeth Royce alias Elizabeth Hollis, Defendant.**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: J. B. White, Robert Worson, John Bela, Charles G. Fell, Oswell Ben Kendorf, R. B. Edgar, Eli D. Scott, Francis Hoffelman, James Simmes, Charles E. Louing, William Dyer, and J. M. Hyntershitt, twelve good and lawful men, who being duly elected, tried and sworn well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being finished the Jury retire to consider of their verdict.
**Emily O. Purdom, Plaintiff. vs. Francis A. Purdom, Defendant.**
Divorce. Judgment.
Now at this day comes again said plaintiff by her Attorney and waiving a Jury submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find from such proofs that the plaintiff is an innocent and injured person. It is therefore considered, adjudged and decreed by the Court that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant and be restored to all the rights and privileges of an unmarried person, and recover of said defendant her costs and charges in this behalf expended and have thereof execution.
**George F. Gleason, et. al. Plaintiffs. vs. Thomas P. Adams, Defendant.**
Abstract of Pleadings filed.
**Louis G. Picot, Plaintiff. vs. James Clemens Jr, et. al. Defendants.**
Continued.
**James Harrison, Plaintiff. vs. Oscar W. Collett & George Johnson, Defendants.**
Dismissal.
Now at this day this cause being called for trial and no one appearing to prosecute the same, it is therefore ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**James D. Denegre, Plaintiff. vs. Orrin Wales, et. al. garns. Defendants.**
Continued.
**Joseph Pley, et. al. Plaintiffs. vs. Robert B. Lee, et. al. Defendants.**
Continued by Consent.
**John M. Mc. Keage, Plaintiff. vs. William Wible, Defendant.**
Answer filed.
**Daniel D. Page & Henry D. Bacon, Plaintiffs. vs. Edward H. Gleim & Robert A. Reilly, Defendants.**
On Interpleader of Henry Couvith.
Now at this day come the said palintiffs and the said Interpleader by their respective attorneys, and waiving a Jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from said proofs the issues herein joined between said plaintiffs and said interpleader, in favor of said interpleader. It is therefore considered and adjudged by the Court that the property attached at the commencement of this suit be restored to said Interpleader and that he recover of said plaintiffs his costs and charges herein expended and have thereof execution.
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**Viewer Page 249** (rcdbook1855_25_0248.jpg)
> Handwritten Page Number on Record Book: 241
**October Term 1855. Friday December 14th 1855.**
The Court met pursuant to adjournment, Present as before.
Sheriff's Deed. Turner Maddox, Esquire, Sheriff of St. Louis County, comes into open Court and acknowledges the execution by him as Sheriff as aforesaid of a Deed to Henry Boyce, of all the right, title, interest, claim, estate and property of James Clemens Jr. et. al. of in and to a tract of land containing one hundred Arpents bought by John Mullanphy of D. Dellannay, situated near the mouth of the Missouri River, formerly bounded north by lands of said Dellannay, South by lands of Pascal L. Cerre, and northwest by lands of the estate of St. Vrain, sold by virtue and under authority of an order of sale made by the St. Louis Circuit Court on the seventh day of July last past in the case of James Clemens Jr, et. ex. vs. Richard Graham et. al. In Partition.
**Edward Mead, Plaintiff. vs. Elizabeth Royce, alias Elizabeth Hollis, Defendant.**
Judgment.
Now at this day come again the parties aforesaid by their respective Attorneys and the Jury sworn and empanelled herein also come, and the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of One thousand and fifteen dollars, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid by the Jury found and also his costs and charges herein expended and have thereof execution. Motion for a new trial filed.
John Ellison, Henry Appleton, John Gaunt and Thomas Warboys, natives of England, who apply to be citizens of the United States, come and prove to the satisfaction of the Court, that they have 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 they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United States concerning the naturilization of foreigners, and they declaring, here, in open Court, upon oath, that they will support the Constitution of the United States, and that they do entirely and absolutely, renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly to the Queen of Great Britian and Ireland of whom they are at present subjects, therefore the said John Ellison, Henry Appleton, John Gaunt and Thomas Warboys, are admitted Citizens of the United States of America.
**George W. Rucker, Plaintiff. vs. John M. Wimer, Defendant.**
On motion of the plaintiff by his Attorney, leave is given him to amend his petition herein, by striking out on line eighteen page one of said petition the words "of this Honorable Court" and inserting in lieu thereof the words "of the St. Louis Court of Common Pleas" which amendment is accordingly made.
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**Viewer Page 250** (rcdbook1855_25_0249.jpg)
> Handwritten Page Number on Record Book: 242
**October Term 1855. Friday December 14th**
**In the matter of the assignment of Trumble & Mc. Kim.**
S & J. Hamill to whom Trumble & Mc. Kim assigned all their property and effects, file and Inventory of such property and effects, and on motion of said assignees, it is ordered by the Court that Andrew Mc. Mechan and James Archer be appointed to appraise said property and effects so as aforesaid assigned.
**Francis P. Blair Jr. Plaintiff. vs. Dennis Marks, et. al. Defendants.**
On motion of N. F. Hyer he is allowed to withdraw the Plat accompanying his Report as Surveyor herein, for the purpose of correcting the same.
**James Clemens Jr. Plaintiff. vs. The City of St. Louis & Francis Molair, Defendants.**
Injunction. Judgment.
Now at this day comes again the plaintiff by his attorney and waiving a Jury submits this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth consider that the injunction heretofore granted herein be and the same is hereby made perpetual. It is therefore considered, adjudged and decreed by the Court that the said City of St. Louis, its officers and agents and the said Francis Molan be forever restrained and enjoined from collecting the said sum of One hundred and thirty three dollars or any part thereof, and also from selling the property or any part thereof in plaintiff's petition mentioned, and that said plaintiff recover of said defendants his costs and charges herein expended and have thereof execution.
**Michael Murphy, Plaintiff. vs. Benjamin F. Hickman, Defendant.**
The Court having duly heard and considered the motion for Judgment on the answer herein, and being fully advised of and concerning the premises doth consider that said motion be overruled, and this cause is continued until the next term of this Court.
**Joshua B. Brant. Plaintiff. vs. Charles Kumle, Defendant.**
Satisfaction.
Now at this day comes said plaintiff by his attorney of record and acknowledges to have received full and entire satisfaction of the judgment herein rendered on the sixth day of November Eighteen hundred and fifty two.
**John W. Malone, Plaintiff. vs. Lyman D. Morris & Hugh A. Garland, Defendant.**
Abates.
The death of the plaintiff having been heretofore, viz: at the November Term 1854, on Wednesday January 24th 1855. suggested to the Court. It is ordered and adjudged that this suit do abate.
**In the matter of the assignment of Lyman Mower.**
It appearing to the Court that the notice given by the assignee in this case to the creditors of said Lyman Mower to present their demands before him for allowance on the tenth day of December instant, was by an error of the Publishers of the St. Louis Republican not published the requisite time required by law, whereby said notice was invalid and of no effect, and it also appearing that no claims were presented or allowed under said notice and the time having expired in which said assignee could give a notice under the statute. Now therefore, on motion of said assignee, it is ordered by the Court, that said assignee shall be granted the additional time of four months from and after this date in which to publish a notice to the creditors of said Lyman Mower to present their demands, which notice shall be given for the period prescribed in the statutes.
**William Brenmehl, Plaintiff. vs. Mary C. Brenmehl, Defendant.**
Order of Publication.
Now at this day comes said plaintiff by his attorney, and files his petition herein, duly verified by affidavit, and it appearing to the satisfaction of the Court from the affidavit of said plaintiff that said defendant is a non resident of the State of Missouri and cannot be served with process, it is therefore on motion of said plaintiff by his attorney, ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against her in the St. Louis Court, the object of which is to obtain a divorce from her on the grounds of adultery and drunkenness, and that unless she be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis in the State of Missouri on the second Monday in March next and on or before the sixth day of said term answer the petition of said plaintiff the same will be taken against her as confessed.
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**Viewer Page 251** (rcdbook1855_25_0250.jpg)
> Handwritten Page Number on Record Book: 243
**October Term 1855. Friday December 14th 1855.**
**John Maguire, Plaintiff. vs. William Thomas garnishee of Henry C. Brown, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and waiving a Jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find from such proofs that the said William Thomas was not at the time of the service of the garnishment herein indebted to the said Henry C. Brown in any sum whatever. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiff the sum of Fifteen dollars for his trouble and expense herein and also his costs and charges herein expended and have thereof execution.
**Orson Tousley, et. al. Plaintiffs. vs. Francis Saler, et. al. Defendants.**
Now at this day comes said plaintiff by his attorney and in conformity with leave heretofore given them, amend their amended Petition herein by interliniation.
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**Viewer Page 252** (rcdbook1855_25_0251.jpg)
> Handwritten Page Number on Record Book: 244
**October Term 1855. Saturday December 15th 1855.**
The Court met pursuant to adjournment, Present as before.
**Francis P. Blair Jr, Plaintiff. vs. Dennis Marks, et. al. Defendants. Francis P. Blair Jr, Plaintiff. vs. Peter Lindell, et. al. Defendants. Francis P. Blair Jr, Plaintiff. vs. Charles Scheulte, Defendants. Francis P. Blair Jr, Plaintiff. vs. William H. Belcher, et. al. Defendants.**
It is ordered by the Court that Nathan F. Hyer be allowed the sum of One hundred dollars for his services as Surveyor in these cases, said allowance to be taxed as costs.
**James F. Glenn, Plaintiff. vs. William E. Saltmarsh, et. al. Defendants.**
On motion of the defendants by their attorney, twenty day's time is given them to answer herein.
**Isabella A. Vanderhagen, Plaintiff. vs. William Vanderhagen, Defendant.**
The Court having duly heard and considered the motion in arrest of judgment herein, and being fully advised of and concurring the premises doth consider that said motion be overruled. Bill of Exceptions filed.
**Charles M. Ellard, Plaintiff. vs. John M. Wimer, Defendat.**
The Court having duly heard and considered the motion for a new trial herein and being fully advised of and concurring the premises, doth consider that said motion be overruled.
**Edward Mead, Plaintiff. vs. Elizabeth Royce, alias Elizabeth Hollis, Defendant.**
The Court having duly heard and considered the motion for a new trial herein and being fully advised of and concerning the premises, doth consider that said motion be overruled.
**John M. Pratt, et. al. Plaintiffs. vs. George B. Michael, Defendant.**
The on motion of the defendant by his attorney, it is ordered by the Court that a Dedimus issue herein on the part of said defendant to the State of Massachusetts.
**John S. Moury, et. al. Plaintiffs. vs. Dayton T. Card, Defendants.**
Security for costs filed.
**James E. Yeatman & George R. Robinson, Plaintiffs. vs. Lyman Mower & William Haslett, Defendants.**
Judgment.
Now at this day come said plaintiffs by their attorney and dismiss this suit as to the defendant Lyman Mower, and waiving a Jury submit this cause to the Court upon the pleadings and proofs, as to the defendant William Haslett, and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiffs in the sum of Two hundred and thirteen dollars and fifty four cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**James E. Yeatman & Geoorge R. Robinson, Plaintiffs. vs. Lyman Mower & William Haslett, Defendants.**
Judgment.
Now at this day come said plaintiffs by their attorney and dismiss this suit as to the defendant Lyman Mower, and waiving a Jury submit this cause to the Court upon the pleadings and proofs, as to the defendant William Haslett, and the Court having duly heard and considered the same doth find from the
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**Viewer Page 253** (rcdbook1855_25_0252.jpg)
> Handwritten Page Number on Record Book: 245
**October Term 1855. Saturday December 15th 1855.**
Instrument of writing on which this action is founded that said defendant is indebted to said plaintiffs in the sum of Three hundred and twenty dollars and thirteen cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Taylor Blow, Plaintiff. vs. George W. Haydon, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by his attorney but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Two hundred and seventy two dollars and ninety five cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**In the matter of Frank Blaine.**
Habeas Corpus.
Petition filed, and writ ordered to be issued returnable forthwith, whereupon the said Frank Blaine being brought into Court, and the Court upon a hearing of the facts of the case, finding that he is illegally detained in the City Jail of this City, doth order that he be discharged.
**Michael Murphy, Plaintiff. vs. Benjamin F. Hickman, Defendant.**
Bill of Exceptions filed.
**Fred W. Ingle, Plaintiff. vs. Christopher Ludloff, et. al. Defendants.**
On motion of the defendants by their attorney and appeal is granted them from the Judgment herein to the Supreme Court whereupon the defendant files a bond for such appeal conditioned according to law, with Bals Krichbaum as security, which bond is approve by the Court.
**In the matter of Thomas Giles.**
Habeas Corpus.
Petition filed and writ ordered to issue returnable Monday morning next at nine o'clock.
**In the matter of Charles R. Hall, et. al.**
It is ordered by the Court that Thomas A. Anderson and Thomas Mc. Adam be allowed the sum of Fifty dollars, each. For their services as Commissioners herein, to be taxed as costs in this case.
**L. M. Shreve, Plaintiff. vs. Leander Lawrence, et. al. Defendants.**
Now at this day come the parties aforesaid by their respective attorneys, and Leander Lawrence enters his appearance as a party defendant herein and files his answer as such, and the defendant James Kay files an agreement in writing waiving all claim to fund in question and the plaintiff dismisses this suit as to said defendant James Kay, whereupon the remaining parties waiving a Jury submit this cause to the Court upon the pleadings and proofs, and the Court having heard the same but not being fully advised of and concerning the premises takes time to consider thereof.
**In the matter of the assignment of Theodore Hequembourg.**
Appraisement filed. And now at this day comes the assignee Charles Hequembourg and applies to the Court for an order of sale of the assigned assets, and it appearing to the Court that it will be for the benefit of all parties interested in said assigned estate that he should be permitted to sell the same at private sale, it is hereby ordered that the said Charles Hequembourg assignee as aforesaid do proceed to sell the assigned property at the Store now occupied by the said Theodore Hequembourg in the City of St. Louis, at private sale, for cash, for the term of six months from and after the 1st day of January 1856 at retail, and that the balance of the assigned property at the expiration of that time shall be sold at public auction for cash.
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**Viewer Page 254** (rcdbook1855_25_0253.jpg)
> Handwritten Page Number on Record Book: 246
**October Term 1855. Monday December 17th 1855.**
The Court met pursuant to adjournment, Present as before.
**In the matter of Thomas Giles.**
Habeas Corpus.
Now at this day the said Thomas Giles being bought before the Court in compliance with the writ issued herein, and the Court upon a hearing of the facts finding that the said Thomas Giles is illegally detained in the House of Refuge of this City, doth order that he be discharged.
Sheriff's Deed. Turner Maddox Esquire, Sheriff of St. Louis County, comes into open Court and acknowledges the execution by him as Sheriff as aforesaid of a deed to Catharine wife of Richard Graham, Jane wife of Charles Chambers, Mary wife of William S. Harney, Octavia wife of Henry Boyce and the Heirs of Eliza Clemens deceased, of all the right, title, interest, claim, estate and property of James Clemens Jr, et. al. of, in and to a tract of land having a front to the east on the River St. Ferdinand of One arpent and running back with that width to the Missouri River and bounded on the north and south by lands which were formerly owned by said John Mullanphy and bough by said John Mullanphy of F. Larins and A. Larins, sold by virtue and under authority of an order of Sale made by the St. Louis Circuit Court on the seventh day of July last past in the case of James Clemens Jr, et. al. vs. Richard Graham, et. al. In Partition.
Henry Hoeber, a native of Germany, who applies to be 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 renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever and particularly to the Grand Duke of Baden of whom he is at present a subject, therefore the said Henry Hoeber is admitted a citizen of the United States of America.
**Millicent L. Sarvtelle, Plaintiff. vs. Knickerbocker Insurance Company, Defendant.**
Judgment. On award by arbitrators.
And now at this day comes the plaintiff by her attorney and in open Court causes to be made known & appear to said Court that on the twenty second day of June Eighteen hundred and fifty five, articles of submission were made and entered into between plaintiff and defendant, which said articles are on file in this cause, also that the matters and things in said articles mentioned as in controversy were finally heard before the arbitrators therein named on the 24th day of July 1855 as well on the part of defendant as of plaintiff, and further that said arbitrators did on said 24th day of July find and return their award in writing duly attested, in the premises, in the following words and figures, We the arbitrators in the case of Meliciat L. Sawtelle vs. The Knickerbocker Insurance Company. Find for the Plaintiff the sum insured in the policy No 17 in said Company say Three thousand dollars. Saint Louis July 24th 1855. Daniel B. Gale, D. T. Mc Cullough, D. J. Childs. Witness J. S. Cherr W. R. Biddlecome. And that the Court being now moved in writing to confirm the said award in all things, and it appearing further that notice in writing of such motion together with a copy of the said award has been served upon the defendant more than fifteen days prior to the making of said motion, by delivering a copy of said notice and award to George K. Budd personally, and it further appearing that the said Budd was at the time of said submission, award and service, the agent of defendant duly authorized, appointed and empowered to act as such in all things according to the laws and Statutes of the State of Missouri, it is therefore ordered, adjudged and decreed by the Court that the said award be in all respects confirmed, and that the said plaintiff recover of said defendant the sum aforesaid in form aforesaid by the arbitrators found and also her costs and charges herein expended and have thereof execution.
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**Viewer Page 255** (rcdbook1855_25_0254.jpg)
> Handwritten Page Number on Record Book: 247
**October Term 1855. Monday December 17th 1855.**
Henry Dearing, whose identity is proven to the Court by the testimony of John Farrish & Diogenes Wetmore two credible witnesses, comes into open Court and acknowledges the execution by him of a Deed of Emancipation to Henry Day aged thirty four years, Susan Day twelve years old, Augustus Day eleven years old, Hester seven years old, Henry five years old, Sophia Jackson and James Jackson and Winston Bartlett.
Joseph Burton, whose identity is proven to the Court by the testimony of J. H. Mc. Lean & G. S. Van Wagoner two credible witnesses, comes into open Court and acknowledges the execution by him of a Deed of Emancipation to two negro boys named Fleming H. Woodson and Joseph Woodson so called and known, Fleming H. Woodson being about nineteen years old and Joseph Woodson being about eleven years old, and both of said boys of a dark chestnut color.
**George F. Kaufman, Plaintiff. vs. Margareitha Kaufman, Defendant.**
Divorce. Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find the issues joined between the parties aforesaid in favor of the plaintiff. It is therefore considered, adjudged and decreed by the Court that said plaintiff be absolutely and forever divorced from the bonds of matrimony by him contracted with said defendant and be restored to all the rights and privileges of an unmarried person, and it is further ordered by the Court that said plaintiff pay the costs of this proceeding and that execution issue therefor.
**Jane Casey, et. al. by next friend, Plaintiff. vs. Louis Winklemier, et. al. Defendants.**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury viz: James Wordson, John Shepherd, Alfred M. Whitsett, B. W. Allow, R. B. Edgar, Charles Whitmore, William Woodward, Peter G. Camden, Campbell G. Link, Conrad Doll, Walter Shields, and William Robertson, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until tomorrow morning.
**Orson Tousley, et. al. Plaintiffs. vs. Francis Saler, et. al. Defendants.**
Motion to strike out parts of second amended petition filed.
**Charles G. Crauston, Plaintiff. vs. Ferdinand Stange, et. al. Defendants.**
Motion to strike out parts of amended Petition filed, and motion to dismiss as to F. Saler, filed.
**Julia Moriso, Plaintiff. vs. James K. Philiber, Defendant.**
Continued by consent.
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**Viewer Page 256** (rcdbook1855_25_0255.jpg)
> Handwritten Page Number on Record Book: 248
**October Term 1855. Tuesday December 18th 1855.**
The Court met pursuant to adjournment, Present as before.
**Barnet L. Solomon, et. al. Plaintiffs. vs. Daniel D. Page, et. al. Defendants.**
On motion of the plaintiffs by their attorney, leave is given them to withdraw their exhibits filed herein, upon filing a receipt for the same.
**John P. Harley, et. al. Plaintiffs. vs. Daniel D. Page, et. al. Defendants.**
On motion of the plaintiffs by their attorney, leave is given them to withdraw their exhibits filed herein, upon filing a receipt for the same.
**Charles P. Morse, Plaintiff. vs. Daniel D. Page, Henry D. Bacon, Thomas Brown & Edward Wyman, Defendants.**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the costs of the defendants, and which costs the defendants now pay in full.
**Charles Mueller's Admr. Plaintiff. vs. Frederick Mueller, Defendant.**
Demurrer to amended Petition filed.
**The State of Missouri, Plaintiff. vs. Pratte A. Nidelet, Defendant.**
The Court having duly heard and considered the motion to quash herein and being fully advised of and concerning the premises doth consider that said motion be overruled.
**Edward Mead, Plaintiff. vs. Elizabeth Royce, alias Holllis, Defendant.**
Motion in arrest filed.
**Joseph Chartrand, et. al. Plaintiffs. vs. John C. Ivory, Defendant.**
Continued.
**John Doyle, Plaintiff. vs. Jane Doyle, Defendant.**
Continued.
**Robert Peyinghaus, Plaintiff. vs. James Conran, Defendant.**
Continued by consent.
Michael Maher, a native of Ireland, who applies to be 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 law 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 the Queen of Great Britain and Ireland of whom he is at present a subject, therefore the said Michael Maher, is admitted a Citizen of the United States of America.
**Jane Casey, et. al. by next friend, Plaintiffs. vs. Louis Winklemier, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed, but not being concluded at the hour of adjournment further proceedings herein are continued until tomorrow morning.
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**Viewer Page 257** (rcdbook1855_25_0256.jpg)
> Handwritten Page Number on Record Book: 249
**October Term 1855. Wednesday, December 19th 1855.**
**L. M. Shreve, Plaintiff. vs. Leander Lawrence & James Spore, Defendants.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Court being now fully advised of and concerning the matters in controversy, doth find the facts of the case to be as stated and set forth at large in the plaintiffs petition, and thus finding, and being of opinion that the case as thus made and proven, is not a proper one for an interpleader suit. It is ordered, adjudged and decreed, that the said suit be and the same is accordingly hereby dismissed, at the costs of said plaintiff and that execution issue therefor; without prejudice however to the plaintiffs rights if any he may have in any future litigation with either of the said defendants. Finding filed.
The Court met pursuant to adjournment, Present as before.
**Petruse Thevenin, Plaintiff. vs. Henry I. Greave, Defendant.**
Continued.
**Farmer's & Merchant's Bank of Memphis, Plaintiff. vs. Kennedy Lonergan's Admr. Defendant.**
On motion of the defendant by her attorney, leave is given her to withdraw the original articles of dissolution on filed in this case, for the purpose of taking depositions.
**Pacific Rail Road, Plaintiff. vs. Charles Muegge, Defendant.**
Dismissal.
O By consent of parties, it is ordered by the Court, that this cause be dismissed at the costs of said defendant, and which said costs the defendant now pays in full.
**Jane Casey, et. al. by next friend, Plaintiffs. vs. Louis Winklemier, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed and being concluded the Jury retire to consider of their verdict.
**Samuel Wainwright, Plaintiff. vs. Richard Rowland, et. al. Defendants.**
On motion of the defendants it is ordered by the Court that Charles Gilson be appointed guardian ad litem of the infant dependants Harriet, Catharine A. & George Wainwright and that he give bond in the sum of Five thousand dollars as such guardian, whereupon said Gilson files his consent to act as such guardian, also his bond in the said sum of Five thousand dollars with Samuel Reber as security, conditioned according to law, and which bond is approved by the Court. Answer of Minors filed.
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**Viewer Page 258** (rcdbook1855_25_0257.jpg)
> Handwritten Page Number on Record Book: 250
**October Term 1855. Thursday, December 20th 1855.**
The Court met pursuant to adjournment, Present as before.
A. E. L. Eilert, and Philip Wagner, natives of Germany, and William Hennery, a native of Ireland who apply to be Citizens of the United States, come and prove to the satisfaction of the Court, that they have 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 they have conducted themselves as 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 applicants have taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners, and they declaring, here, in open Court, upon oath, that they will support the Constitution of the United States, and that they do entirely and absolutely renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly; the said A. E. L. Eilert, to the King of Hanover of whom he is at present a subject, and the said Philip Wagner, to the Grand Duke of Hesse Darmsdadt, of whom he is at present a subject, and the said William Hennery, to the Queen of Great Britain and Ireland, of whom he is at present a subject, therefore the said A. E. L. Eilert, Philip Wagner, and William Hennery are admitted Citizens of the United States of America.
**Eleazer Block. Plaintiffs. vs. John Johnston, Robert Rutledge, James O. Carson & John E. Brookes, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, and dismisses this suit as to the defendant Robert Rutledge, but the defendants John Johnston, James O. Carson and John E. Brookes although duly summoned and called come not but make default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Eighteen hundred and thirty six dollars and two cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid inform aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Christopher Rhodes & George Pegram, Plaintiffs. vs. Edward Chase, garnishee & c. Defendant.**
Dismissal.
On motion of the plaintiffs by their attorney, it is ordered by the Curt that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**William Allen & Alice Allen, Plaintiffs. vs. H. S. Green, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and waiving a Jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiffs have sustained damage by reason of the premises set out in their petition in the sum of one cent. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid found and also their costs and charges herein expended and have thereof execution.
**Daniel D. Page, Henry D. Bacon, Edward Wyman & Thomas Brown, Plaintiffs. vs. Charles Dana, Defendant.**
Dismissal.
On motion of the plaintiffs by their attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Jane Casey, et. al. by next friend, Plaintiffs. vs. Louis Winklemeier, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empanelled herein also come, and the Jury aforesaid upon their oaths aforesaid say they cannot agree amongst themselves upon a verdict in this cause, it is therefore ordered by the Court that said Jury be discharged from rendering a verdict herein, and that this cause be continued until the next term of this Court.
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**Viewer Page 259** (rcdbook1855_25_0258.jpg)
> Handwritten Page Number on Record Book: 251
**October Term 1855. Thursday, December 20th 1855.**
**John H. Price, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Bill of Exceptions filed.
**Augustine Denegre, Plaintiff. vs. John H. Rankin Executor of David T. Hall, decd. Defendants.**
Dismissal.
The plaintiff having failed to file security for costs in compliance with the order heretofore made herein, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor. Motion to set aside order of dismissal filed.
**Eliza M. Perry, et. al. Plaintiffs. vs. Mason Frifsell, et. al. Defendants.**
Consent of E. M. Perry, W. H. Browne & J. T. Browne, under protest, to the distribution of money in hands of C. D. Drakes as prayed, filed.
**James Lindsay, Trustee & c. Plaintiff. vs. Henry B. Belt, Defendant.**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come a Jury, viz: Alfred M. Whitsett, Walter Shilds, Isaac A. Letcher, A. Grimes, John Griffith, Charles Whitmore, B. W. Allen, James Worson, Robert Worson, William Woodward, John Shepherd, and John H. Hoake twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed, and not being concluded at the hour of adjournment, further proceedings herein are continued until tomorrow morning.
**Louis A. Benorist, et. al. Plaintiffs. vs. Lydia M. Rector, et. al. Defendants.**
Continued.
**Hudson B. Powell, Plaintiff. vs. Michael Buckley, Defendant.**
Continued.
**Samuel Engler, Plaintiff. vs. Joseph J. Bate, Defendant.**
Continued at costs of plaintiff.
**George W. Cable, et. al. Plaintiffs. vs. William C. Martin, et. al. Defendants.**
Continued by consent.
**Frederick Shelly, Plaintiff. vs. Augustin Easton, trustee, et. al. Defendants.**
Continued by consent.
**Frederick Shelly, Plaintiff. vs. Andrew Mc. Mechan, et. al. Defendants.**
Continued by consent.
**Frederick B. Chamberlain,et. al. Plaintiffs. vs. T. S. Morgan, et. al. Defendants.**
Continued by consent.
**James O. Carson, et. al. Plaintiffs. vs. Steam Boat Upper Ferry Defendants.**
Continued at costs of plaintiffs.
**John B. Henderson, Plaintiff. vs. William Vantilburgh, Defendant.**
Continued as on affidavit at costs of defendant.
**William Mc. Tamee, Plaintiff. vs. The County of St. Louis, Defendant.**
Non Suit.
Now at this day this cause being called for trial, said plaintiff although solemnly called, comes not, wherefore on motion of said defendant by her attorney, it is ordered by the court that said plaintiff be non-suited. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiff its costs and charges herein expended and have thereof execution.
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**Viewer Page 260** (rcdbook1855_25_0259.jpg)
> Handwritten Page Number on Record Book: 252
**October Term 1855. Friday, December 21st 1855.**
The Court met pursuant to adjournment; Present as before.
**James Lindsay Trustee of Emily Lindsay, Robert Lindsay, Elizabeth Lindsay & Joseph T. Lindsay, Plaintiff. vs. Henry B. Belt, Defendant.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empannelled herein also come, and the trial of this cause being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Ten hundred and forty three dollars and fifty cents Damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Eliza M. Perry, et. al. Plaintiffs. vs. Mason Frifsell, et. al. Defendants.**
Motion for order of distribution of funds in hand of C. D. Drake, filed.
**Edward Eggers, et. al. Plaintiff. vs. James E. Percy, Defendant.**
On motion of the plaintiffs by their attorney, leave is given the Sheriff of Audrain County, to withdraw the original Execution issued herein directed to said Sheriff.
**Daniel D. Page & Henry D. Bacon, Plaintiffs. vs. Edward H. Gleim & Robert A. Reilly, Defendants.**
Judgment.
Now at this day come said plaintiffs by their attorney, and said defendant Robert A. Reilly comes and enters his appearance as party defendant, and confesses himself indebted to said plaintiffs in the sum of Six hundred and sixty six dollars and sixty five cents and consents that judgment be rendered against him for said sum, but the said defendant Edward H. Gleim although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiffs waiving a Jury submit this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiffs in the sum of Six hundred and sixty dollars and sixty five cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as confessed and found, and also their costs and charges herein expended and have thereof execution.
**Caswell T. Snead, & James t. Shelton Admr. of Uriah Creich, Plaintiffs. vs. John Black, John Small, Peter Wegman, Carl Smith & George Burklin, Defendants.**
Non Suit.
Now at this day come said plaintiffs by their attorney and dismiss this suit as to the defendants John Small, Carl Smith & George Burklin, and the defendant Peter Wegman comes by his attorney, and thereupon comes also a Jury, viz : Peter G. Camden, O. S. Fuller, Campbell G. Link, John H. Kepler and Conrad Doll, by consent, five good and lawful men, who being duly elected, tried and sworn well and truly to try the issues joined between the parties herein, the trial of this cause progressed and being finished, the plaintiffs say they will not further prosecute their said suit in this behalf but voluntarily take a non suit. It is therefore considered and adjudged by the Court that said plaintiffs take nothing by their said suit in this behalf but that said defendant go thereof without day and recover of said plaintiffs his costs and charges herein expended and have thereof execution. Leave is given said plaintiffs to file motion to set aside said non suit.
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**Viewer Page 261** (rcdbook1855_25_0260.jpg)
> Handwritten Page Number on Record Book: 253
**October Term 1855. Friday December 21st 1855.**
**The Bank of the State of Missouri, Plaintiff. vs. Loring Pickering, et. al. Defendants.**
On motion of the plaintiff by its attorney, it is ordered by the Court that this suit be dismissed as to the defendant Warden P. Penn, at the costs of said plaintiff and that execution issue therefor.
**The Bank of the State of the Missouri, Plaintiff. vs. Worden P. Penn & Richard Philips, Defendants.**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury, viz: James Worson, John Shepherd, B. W. Allen, Walter Shields, Robert Worson, John Griffith, John Hoake, Isaac Letcher, A. Graham, O. S. Fuller, Peter G. Camden, and John H. Kepler, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until tomorrow morning.
**The National Insurance Company of Cincinnati, Plaintiff. vs. John Jolly, Alsabeb Jolly, Solriska Jolly & Francis Baily, Defendants.**
Dismissal.
On motion of the plaintiff by its attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Thornton Kinney (of color) Plaintiff. vs. John F. Hatcher and Charles C. Bridges, Defendants.**
Dismissal.
The plaintiff having failed to give security for costs herein, as heretofore ordered to do, it is, on motion of the defendants by their at torney ordered by the court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Cornelius Haywood, Philip Crow, & John S. Talbott, Plaintiffs. vs. Orson W Jerome and Thomas Belfield, Defendants.**
Non Suit.
Now at this day this cause being called for trial, said plaintiffs although solemnly called, come not, wherefore it is ordered by the Court that said plaintiffs be non suited. It is therefore considered and adjudged by the Court that said plaintiffs take nothing by their said suit in this behalf, but that said defendants go thereof without day and recover of said plaintiffs their costs and charges herein expended and have thereof execution.
**Dennis Mc. Grath, Plaintiff. vs. John Grigg and Joseph M. Field, Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth from such proofs find the issues herein joined in favor of the defendants. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf but that said defendants go thereof without day and recover of said plaintiff their costs and charges herein expended and have thereof execution.
**Mary Ann Hayward, Plaintiff. vs. Allegence Hayward, Defendant.**
Divorce. Judgment.
Now at this day comes again said plaintiff by her attorney and waiving a Jury submits this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff is an innocent and injured person. It is therefore ordered, adjudged and decreed by the Court that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant and be restored to all the rights and privileges of an unmarried person, and recover of said defendant her costs and charges herein expended and have thereof execution.
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**Viewer Page 262** (rcdbook1855_25_0261.jpg)
> Handwritten Page Number on Record Book: 254
**October Term 1855. Saturday December 22nd 1855.**
The Court met pursuant to adjournment, Present as before.
**The Bank of the State of Missouri, Plaintiff. vs. Wordin P. Penn, & Richard Philips, Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and thereupon on motion of both parties it is ordered by the Court that the Jury herein be discharged, and leave is given both parties to amend their pleadings herein and this cause is continued until the next term of this Court.
**John S. Mowry, et. al. Plaintiffs. vs. Dayton T. Card, Defendant.**
Answer filed.
**Nancy Link & husband, Plaintiffs. vs. Francis B. Edmondson, et. al. Defendants.**
Continued at costs of plaintiffs.
**James Lindsay, trustee & c. Plaintiff. vs. Henry B. Belt. Defendant.**
Motion & reasons for new trial filed.
**George F. Gleason, et. al. vs. Thomas P. Adams**
Continued by consent.
**Morris Rosenheim, Plaintiff. vs. Alice Allen, Defendant.**
Sheriff's Report of sale of personal property filed.
**Amos Cutter, et. al. Plaintiffs. vs. Samuel B. Moon Garns. Defendant.**
Motion for Judgment on the answer filed.
**North Missouri Rail Road, Plaintiff. vs. Walter B. Morris and The Town of Bridgeton, Defendants.**
Now at this day come the parties aforesaid, and the Court appoints John K. Walker, William Milburn and James G. Barry, Commissioners to view the land described in the plaintiffs petition who shall take into consideration the value of the said land and the advantages and disadvantages of the Road to the same, and make report, under oath, to this Court, with all convenient dispatch, said report to be accompanied with a plat of the said land, and it is agreed by the parties, that the defendants on the coming on of said report have the right to object, to so much of the directions of the Court to the Commissioners as authorizes them to take into consideration the advantages that may accrue to the defendants, in the assessment of damages, and it is agreed that the Commissioners may be and they are directed that if in their report they should take into consideration benefits, they should specify the amount assessed as benefits. Agreement filed.
**Samuel Wainwright, Plaintiff. vs. Richard Rowland & Mary E. his wife, Harriet Wainwright, Catharine A. Wainwright & George Wainwright, Defendants.**
Partition. Judgment.
And now at this day comes the plaintiff by his attorney and come also the defendants Richard Rowland & Mary E. his wife by their attorney, and the defendants Harriet, Catharine A. and George Wainwright by Charles Gilson their guardian ad litem, and waiving a Jury, submit this cause to the Court upon the petition, answers and proofs, which being heard and fully understood, the Court doth ascertain and declare the rights, titles and interests of the said parties in the premises described in the petition as follows, to wit: "a parcel of ground lying in Block No.39, in the City of St. Louis, to wit : Beginning at a permit in the western edge of Main street, distant Southwardly from the intersection of Main and Almond Streets twenty three feet, thence running south wardly along main street, one hundred and five feet french measure more or less to the north line of a lot bought by Jean Porcelly from the Widow Noise, thence westward and parallel to Almond street, One hundred & fifty feet french measure more or less to a lot now or formerly belonging to or claimed by the heirs of John Mullanphy, thence northward along said Mullanphy line, one hundred and twenty feet, french measure, more or less, to Almond street, thence eastward along Almond street, ninety feet more or less to a point sixty two feet two inches westward of said intersection of Main and Almond streets, thence southward and parallel to Main street twenty three feet to a point, thence eastward and parallel
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**Viewer Page 263** (rcdbook1855_25_0262.jpg)
> Handwritten Page Number on Record Book: 255
**October Term 1855. Monday December 24th 1855.**
To Almond Street, sixty two feet two inches to the print of beginning. The said parcel of ground being the whole of the north east quarter of said Block 39. Excepting twenty three feet front on Main Street by sixty two feet two inches on Almond in depth. to be as follows, that is to say : the said plaintiff is entitled to the equal undivided half thereof in fee, the defendant Mary E wife of Richard Rowland is entitled to dower (of one third part during her natural life) in the undivided half of said premises, and the defendants Harriet Wainwright, Catharine A. Wainwright and George Wainwright are each entitled to the undivided sixth thereof in fee subject to the dower of the said Mary E. Rowland. It is therefore considered by the Court that partition of the said premises be made among the said parties according to their respective rights as above ascertained and declared the Court. It is further could that Sullivan Blood, Samuel milli and Milliam Milliam respectable $Word$, usidents of the County of St. Luis, be and they are hereby appointed to make partition of the said premises according to the foregoing judgment. And that they make report of their proceedings to the Court according to Law.
The Court met pursuant to adjournment, Present as before.
**Charles D. Drake, Plaintiff. vs. Charles P, Chouteau, Defendant.**
On motion of the plaintiff by his attorney, it is ordered by the Court that a Dedimus issue herein on the part of said plaintiff to the State of Illinois.
**Farmer's & Merchant's Bank of Memphis, Plaintiff. vs. Kennedy Lonergan's Admrx. Defendant.**
On motion of the plaintiff by its attorney, ten day's further time is given it to file security for costs herein.
**In the matter of the assignment of Trumble & Mc. Kim,**
Appraisement filed. Assignee's Bond filed & approved by the Court. Application for order of sale filed, and upon said application it is ordered by the Court that the assignees do proceed to sell the property and effects to them assigned at private sale until the same shall have been fully disposed of, provided however, that said property shall be not be sold for less than its appraised value.
**Edward Mead, Plaintiff. vs. Elizabeth Royce, alias Hollis, Defendant.**
The Court having duly heard and considered the motion in arrest herein and being fully advised of and concerning the premises, doth consider that said motion be overruled. Bill of Exceptions filed.
**James E. Bouldin, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Bill of Exceptions filed.
**John H. Price, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
On motion of the defendants by their attorney, an appeal is granted them from the judgment herein to the Supreme Court of this State, whereupon said defendants filed a Bond for such appeal with Thomas H. West as security, conditioned according to law, which bond is approved by the Court.
**Joseph B. Wells, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Now at his day comes the plaintiff by his attorney and dismisses this suit as to the defendants David Chambers, Henry Haight and Francis W. Page, and he also dismisses so much of his petition as is founded on the two certificates of deposit for five hundred dollars each, issued by defendants to R. T. Brown and by him assigned to plaintiff, and by leave of Court plaintiff withdraws from the files, the said two certificates of deposit.
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**Viewer Page 264** (rcdbook1855_25_0263.jpg)
> Handwritten Page Number on Record Book: 256
**October Term 1855. Monday December 24th 1855.**
**James K. Philliber Plaintiff. vs. Philip R. Reilly, Admr. Of Mary J. Quirk, Solomon Jacob, Henry Kebbell, Michael Kelly, & Alice his wife & John Friedrison, Defendants.**
Judgment.
And now come the said parties by their respective attorneys, and waiving a Jury, submit this cause to the Court for final hearing and trial upon the pleadings, exhibits and proofs, and the Court having duly heard the same and the argument of Counsel thereon, It is therefore ordered, adjudged and decreed that the said Plaintiff's petition be dismissed, at the costs of the said Plaintiff, to be taxed herein, and that execution issue therefor; but without prejudice to any right which the said Plaintiff may have or show himself entitled to in any future litigation between himself and the said defendants, or either of them, or the said Julia Moriss or those claiming under her, under and by virtue of his said alleged purchase from her the said Julia. By consent of parties ten day's time is given to file a motion for Review herein. Finding of the Court filed.
**In the matter of the assignment of Thomas Mc. Grade.**
Now at this day comes Geoge B. Michael the assignee herein, and files his petition duly verified by affidavit, for a change of Venue herein, and the Court having duly heard and considered the same, doth order that the venue of this cause be transferred to the St. Louis Court of Common Pleas, and that the Clerk of this Court make out, certify and transmit as aforesaid a full and complete Transcript of the Record and Proceedings herein.
**Thomas Page & Eleazor P. Pettes, Plaintiffs. vs. Tracy P. Turner, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and waiving a Jury, submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said defendant is indebted to said plaintiffs in the sum of Eight hundred and fifty seven dollars and seventy four cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution. Finding of the Court filed.
**Charles Tourville, Plaintiff. vs. Anthyme L. Roland, et. al. Defendants.**
Continued.
**The State of Missouri, Plaintiff. vs. Robert O'Blemis otherwise called Robert Mc. O'Blemis, Defendant.**
Bill of Exceptions filed.
**Marie Tison, by next friend, Plaintiff. vs. Francis Tison, Defendant.**
Amended Petition filed.
**Caswell T. Snead, et. al. Plaintiffs. vs. Peter Wegman, Defendant.**
Motion & reasons for new trial filed.
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**Viewer Page 265** (rcdbook1855_25_0264.jpg)
> Handwritten Page Number on Record Book: 257
**October Term 1855. Wednesday January 2nd 1856.**
The Court met pursuant to adjournment, Present as before.
**James Stevens & Silas H. Roland, Plaintiffs. vs. Elisha W. Stevens & Richard D. Teeters, Defendants.**
Confession of Judgment.
Now at this day come said defendants and file their statement in writing duly verified by affidavit, whereby they confess themselves indebted to said plaintiffs in the sum of Nine hundred and three dollars and thirty four cents and consent that judgment be rendered against them for said sum. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum ofered in form aferesaid as $Word$ and slo their costs and charges herein expended and have thereof execution.
**Samuel Kincaid, Plaintiff. vs. David Cover, Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum Two thousand and sixty dollars and consents that judgment be rendered against him for said sum. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed and also his costs and charges herein expended and have thereof execution.
**Patrick Yore, et. al. Plaintiffs. vs. Steam Boat C.Bealer Defendant.**
Continued at costs of defendant. Agreement filed.
**Jacob Langsdorf & Isaac Resenstien, Plaintiff. vs. Emanuel Gottschalk, Defendant.**
Judgment by default.
Proof of Publication filed, and now at this day come said plaintiffs by their attorney, but said defendant although duly notified and called comes not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiffs waiving a Jury submit this cause to the Court and the Court having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiffs in the sum of Three hundred and sixty seven dollars and nine cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Samuel Jacks, Adolph Isaacs, and Raphael Keiler, Plaintiffs. vs. Jacob Benjamin, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and thereupon come also a Jury, viz : Mathias Meutrup, James Wepperman, George Schneider, W. A. Thounburg, John Bauer, Benedict Bubeck, Jacob Renekel, William Mathews, Otto Manning, Henry Derlan, W. Reasor & F. R. Hoff, twelve good and lawful men, who being duly elected, tried and sworn well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Three hundred and thirty nine dollars and seventy three cents. Debt. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Jane A. Kruse, Plaintiff. vs. Adolph Kruse, Defendant.**
Default.
Proof of Publication filed, and now at this day comes said plaintiff by her attorney but said defendant although duly notified and called comes not but makes default, wherefore on motion of said plaintiff by her attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant, as confessed, and this cause is continued until the next term of this Court.
Pierre Chouteau Jr, et. al. Plaintiffs, vs. James B. Harris, et. al. Defendants. It is suggested to the Court that since the last proceedings herein the defendant James B. Harris has departed this life
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**Viewer Page 266** (rcdbook1855_25_0265.jpg)
> Handwritten Page Number on Record Book: 258
**October Term 1855. Wednesday January 2nd 1856.**
**William F. Morgan, Plaintiff. vs. Adam Doering, Defendant.**
Continued on affidavit at costs of defendant.
**James F. Glenn, Plaintiff. vs. William E. Saltmarsh, et. al. Defendants.**
Answer to amended Petition filed.
**William Wade, et. al. Plaintiffs. vs. Eleazer J. Beard, et. al. Defendants.**
Continued by consent.
**Thomas Craig, Plaintiff. vs. Steam Boat Queen Sucker. Defendant.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Maria Martin, Plaintiff. vs. John Martin, Defendant.**
Dismissal.
On motion of the plaintiff by her attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Louisa T. Kellam, Plaintiff. vs. Charles D. Kellam, Defendant.**
Continued.
**Jeremiah Cronin, Plaintiff. vs. Adela H. Douthell, Defendant.**
Continued by consent.
**Sarah Freeman, Plaintiff. vs. John Truman, Defendant.**
Dismissal.
The plaintiff having failed to file security for costs herein as heretofore ordered to do, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**William R. Martin, et. al. Plaintiffs. vs. Steam Boat Ella Defendant.**
Continued at costs of plaintiffs.
**Nicholas Geschrvinder, Plaintiff. vs. Maria Geschrvinder, Defendant.**
Dismissal.
Now at this day this cause being called for trial and no one appearing to prosecute the same, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Norman Cutter, et. al. Plaintiffs. vs. John N. Boffinger, Defendant.**
Continued by consent.
**The Pennsylvania Oil Company, Plaintiff. vs. Ralph B. Peck, Defendant.**
Dismissal.
Now at this day this cause being called for trial and no one appearing to prosecute the same, it is ordered by the Court that this cause be dismissed at the costs of the plaintiff and that execution issue therefor.
**Eunice D. Van Wagoner, Plaintiff. vs. Garret S. Van Wagoner, Defendant.**
Divorce. Judgment. Now at this day comes again said plaintiff by her attorney and withdraws so much of her petition as prays for the custody of her children, and waiving a Jury submits this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff is an innocent and injured person. It is therefore ordered, adjudged and decreed by the Court that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant and be restored to all the rights and privileges of an unmarried person, and recover of said defendant her costs and charges herein expended and have thereof execution. And the Court being satisfied of the propriety thereof, it is ordered that permission be granted to the defendant to marry within five years,. If he shall so desire it.
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**Viewer Page 267** (rcdbook1855_25_0266.jpg)
> Handwritten Page Number on Record Book: 259
**October Term 1855. Thursday January 3rd 1856.**
The Court met pursuant to adjournment. Present as before.
Sheriff's Deed. Turner Maddox Esquire, Sheriff of St. Louis County, comes into open Court and acknowledges the execution by him as Sheriff as aforesaid of a Deed to E. B. Ames, of all the right, title, interest, claim estate and property of John Shannon, of, in and to the following described property, viz: All that certain lot of ground being part of the tract of land on which John Hempstead resides a little to the east of a Loghouse on the hill east side of the Crane line creek, on the road to St. Louis, beginning at a stake about nine perch nearly east of said house, thence South 84 East seven perch and a half, or one hundred and twenty four feet to a stake, thence north C. East nine perch, or one hundred and forty eight and a half feet to a stake, thence north 84 West seven perches and one half to another stake, thence north 6 west nine perches to the beginning, it being the same lot of land conveyed unto said Shannon and Philip S, Lanham by deed of John Hempstead and wife, dated September 13th 1844 and recorded in page 307 of Book Y. M. 6. Of Records of Recorder of deed for said County, and now belonging to said Shannon and lately occupied by one Garrett, for Store & C. also five shares of Stock of the Central Plank Road that runs out on the Olive street of the City of St. Louis and the certificate thereof now being made; sold by virtue and under authority of an Execution issued from the Clerk's Office of the Circuit Court on the 5th day of December 1855 in favor of John O'Fallon and against said John Shannon.
Sheriff's Deed. Turner Maddox Esquire, Sheriff of St. Louis County, comes into open Court and acknowledges the execution by him as Sheriff as aforesaid of a deed to John T. Temple, of all the right, title and interest of John Shore, of, in and to, Two hundred shares in the capital stock of the St. George Ferry Company, being Certificate Nos. 21.22.23.24.25.26.27.28.29. & 30. In said Company; sold by virtue and under authority of an execution issued from the Clerk's Office of the Saint Louis Circuit Court on the 25th day of April 1855, in favor of John T. Temple and against John Shore.
**The Bank of the State of Missouri, Plaintiff. vs. Worden P. Penn, et. al. Defendants.**
Amended Petition filed.
**St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. Barton Bates, et. al. Defendants. St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. John L. Hardeman, et. al. Defendants. St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. Elizabeth Bockwinkle, et. al. Defendants. Louis & Iron Mountain Railroad Company, Plaintiff. vs. Melsor Fine et. al. Defendants. St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. Margaret Theile, et. al. Defendants. St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. William S. Harney, et. al. Defendants. St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. Charles Chambers, et. al. Defendants. St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. James Clemens, et. al. Defendants. St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. Henry Chouquette, et. al. Defendants. St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. John Klunt, et. al. Defendants.**
In each of these cases Report of Commissioners, and Plaintiff's motion to confirm Report of Commissioners filed.
**Farmer's & Merchant's Bank of Memphis, Plaintiff. vs. Kennedy Lonergan's Admr. Defendant.**
Security for costs filed.
**Henry B. Warner, et. al. Plaintiffs. vs. Lewis Jones, et. al. garns. Defendant.**
Answer to In terrogatories filed.
**Richard F. Barret, Plaintiff. vs. Edward Lester, Defendant.**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon comes also a Jury, viz : Mathias Meutrup, James Wepperman, George Schneider, W. A. Thornburgh, John Bauer, Benedict Bubeck, Jacob Reinkel, Otto Manning, Henry Derlan, W. Raizor & F. R. Hoff, by consent, eleven good and lawful men, who being duly elected, tried and sworn well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed but not being concluded at the hour of adjournment, further proceedings herein are continued until tomorrow.
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**Viewer Page 268** (rcdbook1855_25_0267.jpg)
> Handwritten Page Number on Record Book: 260
**October Term 1855. Thursday January 3rd 1856.**
**In the matter of The Steam Boat Emma Harmon.**
This being the day appointed for the hearing of claims against the Steam Boat Emma Harmon, and it being proven to the Court from the affidavit herein filed, that publication of notice to claimants has been duly made in conformity with the order of this Court; the following named persons appear by their respective attorneys and file and exhibit their demands to the Court, and the same being by them respectively submitted to the Court and the validity of each of said claims being fully proven and established the Court doth allow judgment in favor of said claimants as follows, and doth find that their demands belong to the first class of liens against said Boat.
| Lawrence Olman | #306.66 |
| --- | --- |
| James G. Figley | 86.70 |
| William A. Miller | 183.75 |
| William B. Burt | 306.25 |
| Willis P. Burt | 153.62 |
| Charles Cafsele to the use of Clark, Renfrow & Co. | 17.33 |
| Henry Mason to the use of Clark, Renfrow & Co. | 45.00 |
| George S. Putney to the use of Clark, Renfrow & Co. | 190.00 |
| Caswell B. Watts to the use of Clark, Renfrow & Co. | 15.00 |
| John Gabriel to the use of Clark, Renfrow & Co. | 29.00 |
| John H. Talbott to the use of Clark, Renfrow & Co. | 120.00 |
| Richard Fenn to the use of Clark, Renfrow & Co. | 50.00 |
| William A. Miller to the use of Clark, Renfrow & Co. | 52.50 |
| Richard Johnston to the use of Clark, Renfrow & Co. | 29.00 |
| Thomas J. Nichols to the use of Clark, Renfrow & Co. | 18.50 |
| Rudolf Thomman to the use of Clark, Renfrow & Co. | 14.00 |
| John H. Dany to the use of Clark, Renfrow & Co. | 29.91 |
| William Vincent to the use of Clark, Renfrow & Co. | 30.50 |
| John H. Smith to the use of Clark, Renfrow & Co. | 29.33 |
| William B. Burt to the use of Clark, Renfrow & Co. | 150.00 |
| John M. Lane to the use of Clark, Renfrow & Co. | 29.00 |
And thereupon the following named persons appear by their respective attorneys and file and exhibit their demands to the Court and the same being by them respectively, submitted to the Court, and the validity of each of said claims being fully proven and established, the Court doth allow judgment in favor of said claimants as follows, and doth find that their demands belong to the second class of liens against said Boat.
| Daniel Doulass | #212.50 |
| --- | --- |
| William D. Murphy | 35.08 |
| Andrew L. Whitley | 20.37 |
| Robert Charles | 68.46 |
| James O. Carson | 256.73 |
| Northrup & Chick | 134.12 |
| Chouteau, Harrison & Valle | 36.25 |
| James A. Frame | 19.50 |
| Henry Ashbrook Jr, Benjamin Harrison & Varner Maratta | 146.83 |
| John H. Cole | 20.75 |
| James Mc. Guire & Constantine Mc. Guire | 30.00 |
| Thomas B. Ellis | 83.85 |
| Walter Ransom, William Schneider & James Sweeney | 152.39 |
| E. Mc. Afee | 42.71 |
| Roger C. Mc. Alister & Thomas O'Flaherty | 953.81 |
| Rollin Clark, John Renfrow, & Alexander Crosur | 2859.16 |
| Lockwood, Voorhis & Co. | 7.52 |
| Fred M. Colburn | 63.70 |
| Edward Spahr | 10.25 |
And thereupon the following persons appear by their attorney and file and exhibit their demand to the Court and the same being by them submitted to the Court, and the validity of said claim being fully proven and established, the curt doth allow judgment in favor of said claimants as follows, and doth find that their demand belongs to the fourth class of liens against said Boat.
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**Viewer Page 269** (rcdbook1855_25_0268.jpg)
> Handwritten Page Number on Record Book: 261
**October Term 1855. Friday January 4th 1856.**
| Chenteau, Harrison & Valle | #17.42 |
| --- | --- |
Thereupon the claims of C. B. Goll and James G. Figley, being by them respectively, submitted to the Court, and the Court being fully advised of and concerning the same doth reject said claims, and doth order that said claimants pay the costs herein accrued on their said claims; and the court doth appoint George L. Mc Clave, to settle the proportion of each demand payable out of the fund herein, and to report to this Court with all convenient speed.
The Court met pursuant to adjournment, Present as before.
Sheriff's Deed. Turner Maddox Esquire, Sheriff of St. Louis County, comes into open Court and acknowledges the execution by him as Sheriff as aforesaid of a deed to Charles Bobbs, of all the right, title, interest claim, estate and property of Nathaniel Childs Jr., of, in and to the following described real estate, viz: Lots Nos. 18.19.20.21.22 and 23, situate in the City and County of St. Louis State of Missouri, in Richard W. Ulrici's addition to the City of St. Louis, and being in Block No. 210 of said city, having a front of One hundred and fifty feet (150) on Fifteenth street, on which they front, by a depth of One hundred feet, on which there is a large two story brick house now occupied by the said Nathaniel Childs Jr, sold by virtue and under authority of nine judgments rendered in the St. Louis Circuit Court and St. Louis Court of Common Pleas, against said Nathaniel Childs Jr, and upon which judgments to executions were issued directed to said Sheriff.
Sheriff's Deed. Turner Maddox Esquire, Sheriff of St. Louis County, comes into open Court and acknowledges the execution by him of a deed, as Sheriff as aforesaid, to Patrick Quinn, of all the right, title, interest, claim, estate and property of James Clemens Jr , et. al. of, in and to a tract of land containing sixteen arpents and eighteen perches and three fourths of a perch, superficial measure, adjoining the village of St. Ferdinand, formerly bounded on the West and South by vacant lands, and on the east and north by streets of said Village, on which is a swelling house; sold by virtue and under authority of an order of sale made by the St. Louis Circuit Court on the seventh day of July last past in the case of James Clemens Jr, et. al. vs. Richard Graham et. al. In Partition.
**Stafford R. Heath and William A. Heath, Plaintiffs. vs. Horace B. Osborne, John P. Camp & Theodore Ward, Defendants.**
Confession of Judgment.
Now at this day come said plaintiffs by their attorney and file the statement in writing duly verified by affidavit, of said defendants, whereby they confess themselves indebted to said plaintiffs in the sum of Three hundred and forty dollars and forty nine cents and consent that judgment be rendered against them for said sum. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as confessed and also their costs and charges herein expended and have thereof execution.
**The Bank of the State of Missouri, Plaintiff. vs. Worden P. Penn, et. al. Defendants.**
Demurrer to amended Petition by defendant Penn, filed.
**In the matter of Herman Torb**
Habeas Corpus.
Petition presented and writ ordered to be issued returnable at 3 o'clock, P. M, and the said Herman Torb being brought in to Court in compliance with the writ issued herein and waiving his application for bail under said writ and consenting to be remanded, it is thereupon, by the Court, so ordered.
**Richard F. Barret, Plaintiff. vs. Edward Lester, Defendant.**
Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empanelled herein also come, and the parties by leave of Court withdraw the Jury herein and submit this cause to the Court upon the pleadings and proofs and the Court proceeds to hear the same but not having concluded at the hour of adjournment further proceedings herein are continued until tomorrow.
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**Viewer Page 270** (rcdbook1855_25_0269.jpg)
> Handwritten Page Number on Record Book: 262
**October Term 1855. Saturday January 5th 1856.**
**John O'F. Farrar & c. Trustees, Plaintiffs. vs. Samuel Ruland, et. al. Defendants.**
Now at this day come the parties aforesaid by their respective attorneys and thereupon come also a Jury, viz: Mathias Meurtrup, James Weperman, George Schneider, W. A. Thornburg, John Bauer, Benedict Bubeck, Jacob Reinkel, Otto Manning, Henry Delan, W. Raizor, F. R. Hoff, & William Mathews, twelve good and lawful men, who being duly elected, tried and sworn well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed but not being concluded at the hour of adjournment, further proceedings herein are continued until tomorrow.
The Court met pursuant to adjournment, Present as before.
**Richard F. Barret, Plaintiff. vs. Edward Lester, Defendant.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys and the Court having fully heard the proofs herein doth find that said defendant is indebted to said plaintiff in the sum of Two thousand four hundred and thirteen dollars and thirty three and one third cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Chester C. Ford, Plaintiff. vs. Dominic J. Childs, et. al. Defendants.**
Now at this day comes said plaintiff, but the defendants James B. Ricords & John C. Ivory although duly summoned and called come not but make default, wherefore, on motion of said plaintiff, it is ordered by the Court that the petition of said plaintiff be taken against said defendants are confessed.
**John O'F. Farrar & c. Trustees, Plaintiffs. vs. Samuel Ruland, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed and being concluded the Jury retire to consider of their verdict.
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**Viewer Page 271** (rcdbook1855_25_0270.jpg)
> Handwritten Page Number on Record Book: 263
**October Term 1855. Monday January 7th 1856.**
The Court met pursuant to adjournment, Present as before.
**John O'F. Farrar & Charles T. Severingen Trustees of Martha J. Severingen, Plaintiffs. vs. Samuel Ruland, John H. Freligh & Rebecca Freligh his wife, & Eliza Kerr, Defendants.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and the Jury aforesaid upon their oaths aforesaid find for the plaintiffs as to a piece of ground parcel of Lot No. 27 of the estate of William Christy deceased on the western side thereof and having a front of twenty four feet six inches on Franklin Avenue and running back to Morgan Street on which it fronts twenty four feet two and a half inches, the western line of which strip is parallel to Eighteenth Street, (as laid out in the division of W. Christy's estate) and one hundred and eighty eight feet distant from it and assess the plaintiffs damages at the sum of One hundred an ninety four dollars and eighty cents, and the monthly value of the premises at Four dollars per month. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the property aforesaid in form aforesaid by the Jury found and have their writ of possession therefor, also the damages and monthly value aforesaid in form aforesaid by the Jury found and also their costs and charges herein expended and have thereof execution.
**William Milburn, et. al. Comrs. Plaintiffs. vs. Thomas C. Reynolds, Defendant.**
Agreement filed and continued by consent.
Alexander Trapp, a native of Germany, who applies to be 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 for 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 renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly to the Grand Duke of Baden of whom he is at present a subject, therefore the said Alexander Trapp is admitted a Citizen of the United States of America.
**Daniel C. Michael, Plaintiff. vs. Isaac T. Wise, Defendant.**
Application for Commission to take depositions, filed.
**Francis P. Blair Jr, Plaintiff. vs. Dennis Marks, Anna M Marks, and Luther C. Clark, Defendants.**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury, viz : Wilson Duley, William Glenny, John Fitzmaurice, John Teverhouse, John Worson, Stephen Weeks, Jeremiah Bitts, Henry Keller, Robert Booth, J. M. Hintershitl, and Henry Davis, by consent of parties, eleven good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until tomorrow morning.
**Isaac W. Taylor, & Edwin R. Mason, Plaintiffs. vs. George W. Cass, William B. Dinsmore, Alvin Adams, Samuel M. Shoemaker & Edward S. Sandford, Defendants.**
Order of Publication.
It appearing to the satisfaction of the Court from the affidavit of said plaintiffs that said defendants are non residents of the State of Missouri and cannot be served with process, it is therefore, on motion of said plaintiffs by their attorney, ordered by the Court that said defendants be notified by the publication according to law of this order, that said plaintiffs have instituted suit by attachment against them in the St. Louis Circuit Court, the object of which is to obtain judgment for the sum of Two thousand dollars with
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> Handwritten Page Number on Record Book: 264
**October Term 1855. Monday January 7th 1856.**
Interest from the 1st day of July 1854, for so much money by plaintiffs delivered to defendants as common carriers to be transported to plaintiffs at St. Louis; and that unless they be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the county of St. Louis, State of Missouri, on the second Monday in March next, and on or before the sixth day thereof answer the petition of said plaintiffs the same will be taken against them as confessed.
**In the matter of The Steam Boat Emma Harmon.**
Now at this day comes the Commissioner appointed herein and files his Report, which being examined and found just and correct, is approved; and it appearing to the Court that the fund arising from the sale of said Boat in the hands of the Sheriff of St. Louis County, is the sum of Three thousand nine hundred and thirty dollars, and that the costs amount to the sum of Four hundred and fifty one dollars and forty six cents, the Court doth order that said costs be first paid and deducted from the said proceeds of the sale of said boat : and it further appearing to the Court that claims to the amount of Eighteen hundred and eighty six dollars and five cents have been allowed and placed in the first class of liens against said boat it is ordered that said claims be paid in full and deducted from said fund, to wit :
| Lawrence Olman | #306.66 |
| --- | --- |
| James G. Figley | 86.70 |
| William A. Miller | 183.75 |
| William B. Burt | 306.25 |
| Willis P. Burt | 153.62 |
| Charles Cafsele to the use Clark, Renfrow & Co. | 17.33 |
| Henry Mason to the use of Clark, Renfrow & Co. | 45.00 |
| George S. Putney to the use of Clark, Renfrow & Co. | 190.00 |
| Caswell B. Watts to the use of Clark, Renfrow & Co. | 15.00 |
| John Gabriel to the use of Clark, Renfrow & Co. | 29.00 |
| John H. Talbott to the use of Clark, Renfrow & Co. | 120.00 |
| Richard Fenn to the use of Clark, Renfrow & Co. | 50.00 |
| William A. Miller to the use of Clark, Renfrow & Co. | 52.50 |
| Richard Johnston to the use of Clark, Renfrow & Co. | 29.00 |
| Thomas J. Nichols to the use of Clark, Renfrow & Co. | 18.50 |
| Rudolf Thomman to the use of Clark, Renfrow & Co. | 14.00 |
| John H. Dany to the use of Clark, Renfrow & Co. | 29.91 |
| William Vincent to the use of Clark, Renfrow & Co. | 30.50 |
| John H. Smith to the use of Clark, Renfrow & Co. | 29.33 |
| William B. Burt to the use of Clark, Renfrow & Co. | 150.00 |
| John M. Lane to the use of Clark, Renfrow & Co. | 29.00 |
And it further appearing to the Court that the remainder of said fund amounting to the sum of Fifteen hundred and ninety two dollars and forty nine cents, is insufficient to satisfy in full the demands of the second class liens allowed against said boat, it is ordered that the same be distributed among the creditors in said second class in the following proportion, to wit :
| Daniel Doulass | #65.66 |
| --- | --- |
| William D. Murphy | 10.83 |
| Andrew L. Whitley | 6.29 |
| Robert Charles | 21.15 |
| James O. Carson | 79.32 |
| Northrup & Chick | 41.44 |
| Chouteau, Harrison & Valle | 11.20 |
| James A. Frame | 6.02 |
| Henry Ashbrook Jr, Benjamin Harrison & Varner Maratta | 45.32 |
| John H. Cole | 6.41 |
| James & Constantine Mc. Guire | 9.27 |
| Thomas B. Ellis | 25.90 |
| Walter Ransom, William Schneider & James Sweeney | 47.08 |
| E. Mc. Afee | 13.19 |
| Roger C. Mc. Alister & Thomas O'Flaherty | 294.72 |
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**Viewer Page 273** (rcdbook1855_25_0272.jpg)
> Handwritten Page Number on Record Book: 265
**October Term 1855. Tuesday January 8th 1856.**
| Rollin Clark, John Renfrow & Alexander Crosier | #883.48 |
| --- | --- |
| Lockwood, Voorhies & Co. | 2.32 |
| Fred M. Colburn | 19.68 |
| Edward Spahr | 3.vve |
The Court met pursuant to adjournment, Present as before.
**In the matter of Henry Hobein.**
Substitution of Trustee.
It appearing to the satisfaction of the Court from the statement of Henry Hobein duly verified by affidavit, that Henry Numann Trustee of a certain Deed of Trust executed by Frederick Springmeyer & Wife on the 31st day of January 1845, and Recorded in the Recorder's Office of St. Louis County in Book C. No. 3. page 33, has, without having completed the performance of the duties imposed on him by the said deed of trust, removed out of the State of Missouri, It is therefore ordered that Turner Maddox, Esquire, Sheriff of the County of St. Louis, be and he is hereby substituted and appointed Trustee in the place of the said Henry Numann, with the like trusts and powers.
**The Bank of the State of Missouri, Plaintiff. vs. Worden P. Penn, et. al. Defendants.**
Demurrer by Philips filed.
**John O'F. Farrar & c. Trustees, Plaintiffs. vs. Samuel Ruland, et. al. Defendants.**
Motion for new trial filed.
**Francis P. Blair Jr, Plaintiff. vs. Dennis Marks, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until tomorrow morning.
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> Handwritten Page Number on Record Book: 266
**October Term 1855. Wednesday January 9th 1856.**
The Court met pursuant to adjournment, Present as before.
**In the matter of the assignment of Ann Smith.**
Russell Scarrit to whom Ann Smith assigned all her property and effects files an Inventory of such property and effects, and on motion of said assignee by his attorney, it is ordered by the Court that Edwin F. Whedon, Henry H. Curtis & Anthony C. Williamson be appointed to appraise such property and effects so as aforesaid assigned.
**In the matter of the assignment of Anton Olliger & Henry Gehrs.**
Robert Hennig to whom Anton Olliger & Henry Gehrs assigned all their property and effects, files an Inventory of such property and effects, and on motion of said assignee by his attorney, it is ordered by the court that Frederick Rethrvilm, Henry Dickmann & Henry Arnsmier be appointed to appraise such property and effects so as aforesaid assigned.
John Kervick a native of Ireland and Heinrich Teckemeier a native of Germany, who apply to be citizens of the United States, come and prove to the satisfaction of the Court, that they have resided in the United States for at least five years and in the State of Missouri for at least one year immediately preceding this application, during which time they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners, and they declaring, here, in open Court, upon oath, that they will support the Constitution of the United States and that they do entirely and absolutely, renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly the said John Kervick to the Queen of Great Britain and Ireland of whom he is at present a subject, and the said Heinrich Teckemeier to the King of Prussia of whom he is at present a subject, therefore the said John Kervick and Heinrich Teckemeier are admitted Citizens of the Unites States of America.
**Joseph R. Wendover, Plaintiff. vs. Isaac T. Wise, Defendant.**
Application for Commission to take depositions filed.
**Francis P. Blair Jr, Plaintiff. vs. Dennis Marks, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed but not being concluded at the hour of adjournment further proceedings herein are continued until tomorrow morning.
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> Handwritten Page Number on Record Book: 267
**October Term 1855. Thursday January 10th 1856.**
The Court met pursuant to adjournment, Present as before.
Michael Walsh, a native of Ireland who applies to be 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 for at least one year immediately preceding this application, during which time he has conducted himself as 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 renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever and particularly to the Queen of Great Britain and Ireland of whom he is at present a subject, therefore the said Michael Walsh is admitted a Citizen of the Unites States of America.
**John S. Mowry and S. Jared Mowry, Plaintiffs. vs. Dayton T. Card, Defendant.**
Dismissal.
By consent of parties, it is ordered by the Curt that this cause be dismissed at the costs of said defendant and that execution issue therefor.
**Louis G. Picot, Plaintiff. vs. Henry P. Wortman, et. al. Defendants. William Milburn, et. al. Comrs. Plaintiff. vs. Charles J. Capenter Defendants. William Milburn, et. al. Comrs. Plaintiff. vs. James A. Hardy Defendants.**
Continued awaiting decision of case in Supreme Court.
**James H. Lucas, John Simonds, Henry L. Patterson & Henry S. Turner, Plaintiffs. vs. Lewis F. Lacy, John Sefton, and Nathaniel Childs Jr, Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their attorney and dismiss this suit as to the defendant Nathaniel Childs Jr, but the defendants Lewis F. Lacy and John Sefton although duly summoned and called, come not but make default, wherefore, on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of said plaintiffs be taken against said defendants as confessed, and the plaintiffs waiving a Jury, submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendants are indebted to said plaintiffs in the sum of Four hundred and seventy eight dollars and eighty six cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**James H. Lucas, John Simonds, Henry L. Patterson & Henry S. Turner, Plaintiffs. vs. Philip Casar & Nathaniel Childs Jr, Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their attorney and dismiss this suit as to the defendant Nathaniel Childs Jr, but the defendant Philip Casar although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiffs by their attorney, it is ordered by the Court, that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiffs waiving a Jury, submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiffs in the sum of Five hundred and forty six dollars and nineteen cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**James H. Lucas, John Simonds, Henry L. Patterson & Henry S. Turner, Plaintiffs. vs. Michael Schmidt, Julius Schubarth & Nathaniel Childs Jr, Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their attorney and dismiss this suit as to the defendant Nathaniel Childs Jr, but the defendants Michael Schmidt and Julius Schubarth
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> Handwritten Page Number on Record Book: 268
**October Term 1855. Thursday January 10th 1856.**
although duly summoned and called, come not but make default, wherefore on motion of said plaintiffs by their attor ney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendants as confessed, and the plaintiffs waiving a Jury submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument in writing on which this action is founded, that said defendants are indebted to said plaintiffs in the sum of Four hundred and twenty six dollars and fifteen cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**William D'Oench & John J. Campbell, Plaintiffs. vs. William H. Dornin, Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to said plaintiffs in the sum of Ten hundred and twelve dollars and nine cents and consents that judgment be rendered against him for said sum. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as confessed and also their costs and charges herein expended and have thereof execution.
**Francis P. Blair Jr, Plaintiff. vs. Dennis Marks, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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> Handwritten Page Number on Record Book: 269
**October Term 1855. Friday January 11th 1856.**
The Court met pursuant to adjournment, Present as before.
**Amos Cutter & Jacob P. Tirrell, Plaintiffs. vs. Samuel B. Moore Garnishee of David Francis & Robert R. Walton, Defendant.**
Judgment.
The Court having duly heard and considered the motion of said plaintiffs for judgment on the answer of said garnishee, and being fully advised of and concerning the premises, doth consider and adjudged that said motion be sustained; and the said garnishee admitting in his said answer that he was and is indebted to the said David Francis & Robert R. Walton in the sum of Eighty one dollars and ninety four cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said garnishee the said aforesaid in form aforesaid as admitted, and the Court doth allow said garnishee the sum of Seven dollars for his trouble and expense herein, to be taxed as costs in this case.
**Enoch W. Clark, et. al. Plaintiffs. vs. Thomas E. Courtenay, Defendant.**
On motion of the defendant an appeal is granted him from the judgment herein to the Supreme Court of this State, whereupon said defendant files a Bond with Henry B. Belt as security, conditioned according to law, for such appeal, and which said Bond is approved by the Court.
**Francis P. Blair Jr, Plaintiff. vs. Dennis Marks, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until tomorrow morning.
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> Handwritten Page Number on Record Book: 270
**October Term 1855. Saturday January 12th 1856.**
The Court met pursuant to adjournment, Present as before.
**Edward V. Bryan, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
Now at this day comes on to be heard plaintiffs' motion for an order upon defendant for the production of Books and Papers and by consent of attorneys for the parties respectively, it is ordered by the Court that said motion be sustained, and that the defendant produce in the trial of this cause the Day Book, Cash Book, Bill Book and Ledger kept by said defendant, containing the entries of defendants dealings with Sylvester Chouteau, or that he shun cause to the contrary.
**Francis P. Blair Jr, Plaintiff. vs. Dennis Marks, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until Monday morning next.
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> Handwritten Page Number on Record Book: 271
**October Term 1855. Monday January 14th 1856.**
The Court met pursuant to adjournment, Present as before.
**Asa Vail, Plaintiff. vs. Alfred Potts, et. al. Defendants.**
Plea in nature of a plea in abatement of Oliver G. Potts, filed.
Oliver Hummal, a native of Germany, who applies to be 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 for at least one year immediately preceding this application, during which time he has conducted himself as 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 concernng 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 renounce 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 Bavaria of whom he is at present a subject, therefore the said Oliver Hummal is admitted a Citizen of the Unites States of America.
**James M. Skelton, Plaintiff. vs. Mary Ann Skelton, Defendant.**
Default.
Proof of Publication filed, and now at this day comes said plaintiff by his attorney, but said defendant although duly notified and called, comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and this cause is continued until the next term of this Court.
**Henry B. Warner, et. al. Plaintiffs. vs. Lewis Jones, et. al. Garnishees, Defendants.**
Answer of James Farrar to Interrogatories filed.
**Francis P. Blair Jr, Plaintiffs. vs. Dennis Marks, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed but not being concluded at the hour of adjournment, further proceedings herein are continued until tomorrow morning.
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> Handwritten Page Number on Record Book: 272
**October Term 1855. Tuesday January 15th 1856.**
The Court met pursuant to adjournment, Present as before.
Thomas Higgins, 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 for at least one year immediately preceding this application, during which time he has conducted himself as 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 renounce and abjure entirely and absolutely, renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly to the Queen of Great Britain and Ireland of whom he is at present a subject, therefore the said Thomas Higgins is admitted a Citizen of the Unites States of America.
**William Jones, Plaintiff. vs. James Ryan, Defendant.**
Order of Replevin.
Now at this day comes the plaintiff by his attorney and files his petition and affidavit claiming the possession of certain personal property therein described, therefore it is ordered that the defendant deliver the property specified in the petition to the Sheriff of St. Louis County, and said Sheriff is hereby directed, if said property be not delivered to him, to take it from the defendant and deliver it to the plaintiff.
**Stephen T. Dunklin, et. al. In Partition.**
Sheriff's Report of Sale filed.
**Edward Bridell, et. al. In Partition.**
Reports of Sale by Sheriffs of St. Francis, Cape Girardeau, and Washington Counties, filed.
**Francis P. Blair Jr, Plaintiff. vs. Dennis Marks, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed but not being concluded at the hour of adjournment, further proceedings herein are continued until tomorrow morning.
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> Handwritten Page Number on Record Book: 273
**October Term 1855. Wednesday January 16th 1856.**
The Court met pursuant to adjournment, Present as before.
Alfred Vinton, who is personally known to the Court, comes into open Court, and acknowledges the execution by him of two certain Deeds of Emancipation, one to James Keckley, aged thirty seven years, about five feet ten inches in height, of a bright yellow complexion, walks very quick; the other to Hannah, aged about thirty four years, about five feet four inches in height, light yellow complexion.
**Francis P. Blair Jr, Plaintiff. vs. Dennis Marks, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until tomorrow morning.
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> Handwritten Page Number on Record Book: 274
**October Term 1855. Thursday January 17th 1856.**
The Court met pursuant to adjournment, Present as before.
**Catharine Lyons, Plaintiff. vs. John H. Lyons, Defendant.**
Default.
Now at this day comes said plaintiff by her attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by her attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed.
**In the matter of assignment of Anton Olliges & Henry Gehrs**
Appraisement filed.
Sheriff's Deed. Turner Maddox Esquire, Sheriff of St. Louis County, comes into open Court, and acknowledges the execution by him of a Deed of Emancip to Francis J. Smith of all the right, title, interest, claim, estate and property of John Schreiber of, in and to the following described Real Estate situate in St. Louis County, State of Missouri : a lot of ground situate in Julia C. Soulard's second addition to the City of St. Louis, bounded & described as follows : beginning at the north east corner of fractional Block No. 57 and thence Southwardly with the west edge of Carondelet Avenue thirty feet four inches and three fourths to the centre of the wall between the second and third stone house from the corner of Lafayette street; thence westwardly with said centre line of said wall one hundred and forty feet to an alley; thence northwardly on said alley to Lafayette street; thence Eastwardly on Lafayette street to Carondelet avenue, the place of beginning on which are two stone tenements, sold by virtue and under authority of an Execution issued from the clerk's office of the Circuit Court on the 18th day of October 1855, in favor of said Francis J. Smith and against said John Schreiber.
**John S. Mc. Cune & Peter L. Vandeventer, Plaintiffs. vs. Joseph S. Hull & Elizabeth his wife, Defendant.**
Now at this day comes said plaintiffs by their attorney, and by leave of Court, amend their petition by interliniation, and substituting 4/9 for 5/9 and also for 2/9 in the petition. And the defendants failing to say anything farther in bar of plaintiffs suit, the Court doth adjudge that the plaintiffs are entitled to the account prayed for in their petition and to the relief therein prayed, and the Court doth appoint Thomas L. Snead Esquire, as Commissioner to take the account between the parties, and doth order that he report his proceedings to the Court.
**Francis P. Blair Jr, Plaintiff. vs. Dennis Marks, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also comes and thereupon the trial of this cause progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until tomorrow morning.
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> Handwritten Page Number on Record Book: 275
**October Term 1855. Friday January 18th 1856.**
The Court met pursuant to adjournment, Present as before.
**In the matter of the assignment of Adrien Tetard.**
Report of assignee filed.
**In the matter of the assignment of Anton Alliges & Henry Gehrs.**
Bond of assignee filed, and approved by the Court.
**Francis P. Blair Jr, Plaintiff. vs. Dennis Marks, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein, also come, and thereupon the trial of this cause progressed and being concluded the Jury retire to consider of their verdict.
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> Handwritten Page Number on Record Book: 276
**October Term 1855. Saturday January 19th 1856.**
The Court met pursuant to adjournment, Present as before.
**James Lindsay, Trustee, Plaintiff. vs. Henry B. Belt, Defendant.**
The Court having duly heard and considered the motion for a new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be overruled. Twenty days given defendant to file Bill of Exceptions.
**John O'F. Farrar & c. Trustees, Plaintiffs. vs. Samuel Ruland, et. al. Defendants.**
Now at this day come said plaintiffs by their attorney and remit Eighty six dollars and eighty cents of the damages, and Two dollars of the monthly value, in the judgment rendered herein; and the Court having duly heard and considered the motion for a new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
**Caswell T. Snead, et. al. Plaintiffs. vs. Peter Wegman, Defendant.**
The Court having duly heard and considered the motion to set aside the non suit and grant a new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
**Francis P. Blair Jr, Plaintiff. vs. Dennis Marks, Anna M. Marks, & Luther C. Clark, Defendants.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empannelled herein also come, and the Jury aforesaid upon their oaths aforesaid find for the plaintiff as to a piece of ground fronting One hundred and twenty feet on Main street, east side, and running back eastwardly sixty one and one half feet on the south line of the same, and thirty eight and one half feet on the north line of the same & bounded north by Bates street, and assess the plaintiffs damages at Five hundred and seventy dollars, and the monthly value of the premises at ten dollars. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the property aforesaid in form aforesaid by the Jury found and have his writ of possession therefore also the damages aforesaid and monthly value aforesaid in form aforesaid by the Jury found and also his costs and charges herein expended and have thereof execution. Motion for new trial filed.
**Marie Tison, et. al. Plaintiffs. vs. Francois Tison, Defendant.**
The Court having duly heard and considered the Demurrer to the amended Petition herein and being fully advised of and concerning the premises, doth consider and adjudge that the same be sustained. Ten days given Plaintiffs to file amended Petition.
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> Handwritten Page Number on Record Book: 277
**October Term 1855. Monday January 21st 1856.**
The Court met pursuant to adjournment, Present as before.
**The Circuit Attorney for the use of the State of Missouri on the relation of Benjamin Brison, Plaintiff. vs. William Lingo. Defendant.**
And now at this day Henry A. Clover, Circuit attorney of the Eight Judicial Circuit, who prosecutes for the use of the State of Missouri in this behalf, on the relation of Benjamin Brison who desires to prosecute an information in the nature of a Quo-Warrants against William Lingo for unlawfully holding and executing the Office of Superintendent of the Work House of the City of St. Louis, and prays the Court for a rule on the said William Lingo to appear before our said Court and sow cause if any he has why leave should not be granted to the said Circuit attorney to file the information aforesaid; whereupon it is ruled by the Court here that said William Lingo appear before our said Court on Wednesday the twenty third day of October now present at the hour of three o'clock in the afternoon, and show cause why leave should not be given to said Circuit attorney on the relation aforesaid to file an information in the nature of a Quo-Warrants as aforesaid against him the said William Lingo for unlawfully holding and executing the Office of Superintendent of the Work House aforesaid or in default thereof leave to file said information will be granted.
**Garrett Worthington & Jacob Ensminger, Plaintiffs. vs. William T. Elliott, Thomas W. Elliott & Turner Maddox, Defendants.**
Order of Injunction.
Now at this day come said plaintiffs by their attorney and file their petition herein duly verified by affidavit, and the Court having duly heard and considered the same, and the said plaintiffs having executed bond with security in the sum of Four hundred dollars conditioned according to the statute in such cases made and provided. It is therefore, on motion of said plaintiffs by their attorney ordered by the Court that the defendants, their agents, attorneys and servants be and they are hereby enjoined and restrained from enforcing or suking to enforce an execution issued out of the Clerk's Office of the Circuit Court upon a Judgment rendered in said Court in favor of Thomas W. & William W. Elliott and against said plaintiffs at the present term thereof for the sum of One hundred and eighty four dollars and fourteen cents, and which execution issued on the 30th day of November last past, or the collection of said judgment debt, in any way whatsoever until the further order of this Court.
**Edward V. Bryan, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
On Plea in Abatement.
Now at this day come the parties aforesaid by their respective attorneys and thereupon comes also a Jury, viz: Moses Beddington, John Crow, Thomas Cochran, Thomas Bacon, Marcus Stevenson, Louis Motier, Edward Lester, John Brinkmeyer, Charles Snyder, Henry Bohlman, Herman Beuter & Henry Roy twelve good and lawful men who being duly elected, tried and sworn well and truly, to try the issued joined between the parties aforesaid the trial of this cause progressed, but not being concluded at the hour of adjournment further proceedings herein are continued until tomorrow morning.
**Joseph R. Wendover, Plaintiff. vs. Isaac T. Wise, Defendant.**
Amended Answer filed.
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**October Term 1855. Tuesday January 22nd 1856.**
The Court met pursuant to adjournment, Present as before.
Henry Brugen, a native of Germany, and Francis Magee, a native of Ireland, who apply to be citizens of the United States, come and prove to the satisfaction of the Court that they have resided in the United States for at least five years, and in the State of Missouri for at least one year immediately preceding this application, during which time they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners, and they declaring, here, in open Court, upon oath, that they will support the Constitution of the United States, and that they do entirely and absolutely, renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly the said Henry Brugen to the King of Bavaria of whom he is at present a subject, and the said Francis Magee to the Queen of Great Britain and Ireland of whom he is at present a subject, therefore the said Henry Brugen and Francis Magee are admitted Citizens of the United States of America.
**Peter L. Vanderventer, et. al. Plaintiffs. vs. EdwinM. Ryland, et. al. Defendants.**
Amended Petition and answer of James F. Howarth's administrator filed by consent.
**Francis P. Blair Jr, Plaintiff. vs. Peter Lindell, et. al. Defendants.**
Continued.
**Francis P. Blair Jr, Plaintiff. vs. Charles Scheulte, Defendant.**
Continued.
**Francis P. Blair Jr, Plaintiff. vs. William H. Belcher, et. al. Defendants.**
Continued.
**Joseph Street et. al. Plaintiffs. vs. William Buckley, Defendant.**
Abstract of Issues filed.
**Joseph R. Wendover, Plaintiff. vs. Isaac T. Wise, Defendant.**
Motion to strike out parts of Amended Answer filed.
**Thomas C. Reynolds, Plaintiff. vs. Adolphe Mayer, et. al. Defendants.**
Abstract of issues filed.
**Edward V. Bryan, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
On Plea in Abatement.
Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed but not being concluded at the hour of adjournment, further proceedings herein are continued until tomorrow morning.
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> Handwritten Page Number on Record Book: 279
**October Term 1855. Wednesday January 23rd 1856.**
The Court met pursuant to adjournment, Present as before.
**Daniel D. Page, et. al. Plaintiffs. vs. Dominick J. Childs, et. al. Defendants.**
Abstract of issues filed.
**The Atlantic Mutual Insurance Company, Plaintiff. vs. The Equitable Fire Insurance Company, Defendant.**
Abstract of issues filed.
**Samuel Jacob, Plaintiff. vs. James H. Mc. Lean, Defendant.**
Abstract of issues filed.
William Doyle, a native of Ireland, who applies to be 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 for 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; 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 herein 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 the Queen of Great Britain and Ireland of whom he is at present a subject, therefore the said William Doyle is admitted a Citizen of the United States of America.
**Edward V. Bryan, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
On Plea in Abatement.
Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed, but not being concluded at the hour of adjournment further proceedings herein are continued until tomorrow morning.
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> Handwritten Page Number on Record Book: 280
**October Term 1855. Thursday January 24th 1856.**
The Court met pursuant to adjournment, Present as before.
William J. Kenny, a native of Ireland, aged twenty two years, who applies to be admitted a citizen of the United States, comes and proves to the satisfaction of the Court, by the testimony of John B. Emig and Walter H. Hill, two credible witnesses, citizens of the United States, that he arrived in the United States a minor, under the age of eighteen years, that he has resided in the United States at least five years, including the years of his minority, 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 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 said applicant declaring here, in open Court, upon oath, that for three years last past it has been bonafide, his intention to become a citizen of the United States, and he declaring also upon oath that he will support the Constitution of the United States, and that he doth entirely and absolutely renounced and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly to the Queen of Great Britain and Ireland, of whom he is at present a subject, therefore the said William J. Kenny is admitted a citizen of the United States of America.
**Henry L. Patterson, Plaintiff. vs. John D. Mc. Murray & Morris Pawley, Defendants.**
Satisfaction.
Now at this day comes said plaintiff by his attorney and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the 7th day of May 1855.
**Milton T. Mc. Lean, Plaintiff. vs. Henry Brundy, Defendant.**
Now at this day comes the attorney for the plaintiff and suggests to the Court that since the last proceedings herein, the said plaintiff has departed this life, whereupon James B. Ricords Administrator of said Milton N. Mc. Lean, by his attorney, enters his appearance as party plaintiff herein.
**Johnsons, Bartley & Lytle, Plaintiffs. vs. William J. Kountz, et. al. Defendants.**
Abstract of pleadings filed.
**Gurge R. Downing, et. al. Plaintiffs. vs. Pierre Bourlier, Defendant.**
Abstract of issues filed.
**Edwsard V. Bryan, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
On Plea in Abatement.
Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empanelled herein also come, and thereupon the trial of this cause progressed and being concluded the Jury retire to consider of their verdict.
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> Handwritten Page Number on Record Book: 281
**October Term 1855. Friday January 25th 1856.**
The Court met pursuant to adjournment, Present as before.
**Antoine Bidault & Hector D. Mc. Lean, Plaintiffs. vs. Orrin Wales, Dexter T. Wales & Oliver H. Wales, Defendants.**
Now at this day come said defendants and file their petition duly verified by affidavit, for a change of venue herein, and the Court having duly heard and considered the same, doth order that the venue of this cause be transferred to the St. Louis Court of Common Pleas, and that the Clerk of this Court make out, certify and transmit as aforesaid a full and complete Transcript of the Record and Proceedings herein.
**In the matter of the assignment of Ann Smith.**
Appraisement filed, and assignee's Bond filed and approved.
Bernard Pratte, who is personally known to the Court, comes into open Court and acknowledges the execution by him of a Deed of Emancipation to Philip, about fifty years of age; about five feet eight inches in height and is a pretty bright mulatto in color.
**Barnet L. Soloman & Henry J. Hart, Plaintiffs. vs. John G. Miller, Joshua S. Harris & James E. Walds, Defendants.**
Dismissal.
On motion of the plaintiffs by their attorney, it is ordered by the Court , that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Barnet L. Soloman & Henry J. Hart, Plaintiffs. vs. John L. Chandler, Garnishee of Miller, Harris & Walds, Defendants.**
Dismissal.
On motion of the plaintiffs by their attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Mary Jane Campbell, Plaintiff. vs. Archibald H. Campbell, Defendant.**
Divorce. Decree.
Proof of Publication filed, and now at this day comes said plaintiff by her attorney, but said defendant although duly notified and called, comes not but makes default wherefore on motion of said plaintiff by her attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff is an innocent and injured person. It is therefore considered, adjudged and decreed by the Court that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant and be restored to all the rights and privileges of an unmarried person, and recover of said defendant her costs and charges herein expended and have thereof execution.
**Virginia Montgomery, Plaintiff. vs. William Montgomery, Defendant.**
Divorce. Decree.
Now at this day comes again said plaintiff by her attorney and waiving a Jury submits this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff is an innocent and injured person. It is therefore considered, adjudged and decreed by the Court that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant and be restored to all the rights and privileges of an unmarried person, and recover of said defendant her costs and charges herein expended and have thereof execution.
**Henry Boernstion, et. al. Plaintiffs. vs. Simon Eimer, Defendant.**
Continued by consent.
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> Handwritten Page Number on Record Book: 282
**October Term 1855. Friday January 25th 1856.**
**George W. Rucker, Plaintiff. vs. John M. Wimer, Defendant.**
Non Suit.
Now at this day comes said plaintiff by his attorney and says he will not further prosecute his said suit in this behalf but voluntarily takes a non suit. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof execution.
**Isaac Rosenfield Jr, Trustee, Plaintiff. vs. Charles Lefrance, et. al. Defendants.**
Continued as on affidavit at costs of defendants.
**Orson Tousley, et. al. Plaintiffs. vs. Francis Saler, et. al. Defendants.**
Continued by consent.
**Charles G. Crauston, Plaintiff. vs. Ferdinand Stange, et. al. Defendants.**
Continued by consent.
**Christopher F. Blanchard, Plaintiff. vs. Charles E. Comby, and Stephen F. Watson, Defendants.**
Order of Publication.
The Sheriff having made return that the said defendants against whom process issued herein, cannot be found, and the Court being satisfied that said defendants cannot be served with process; it is, on motion of said plaintiff by his attorney, ordered by the Court that said defendants be notified by the publication according to law of this order, that said plaintiff has instituted suit by attachment, against them in the St. Louis Circuit Court, the object of which is to obtain judgment for the sum of Three hundred and forty five dollars and that the goods or effects of the said defendants have been garnisheed in the hands of H. S. Hamilton, and that unless they be and appear at the next October term of said Court to be begun and held in the City of St. Louis in the fourth Monday in October next and on or before the sixth day thereof answer the petition of said plaintiff the same will be taken against them as confessed.
**Simeon D. Gratiaa, Loues Commagere & Pierre Lougis, Plaintiffs. vs. Henry A. Murray, Defendant.**
Judgment.
Now at this day come again said plaintiffs by their attorney and waiving a Jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find from such proofs that said plaintiffs have sustained damage by reason of the premises set out in their petition in the sum of Seven hundred and sixty seven dollars and twenty cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**William Farris, Plaintiff. vs. Jonathan H. Jackson, Defendant.**
Abstract of issues filed.
**Caleb W. Baldwin, Plaintiff. vs. Philip G. Ferguson, et. al. Defendants.**
Abstract of issues filed.
**Isaac Johnson, Plaintiff. vs. Letitia Johnson, Defendant.**
Dismissal.
Now at this day this cause being called for trial and no one appearing to prosecute the same, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
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> Handwritten Page Number on Record Book: 283
**October Term 1855. Saturday January 26th 1856.**
The Court met pursuant to adjournment, Present as before.
**Aaron W. Fagan, Plaintiff. vs. James Connolly, et. al. Defendants.**
Continued as on affidavit at costs of plaintiff.
**James F. Glenn, Plaintiff. vs. William E. Saltmarsh, et. al. Defendants.**
Continued.
**William A. Clendennin, et. al. Plaintiffs. vs. Levi Churchill, Defendant.**
Continued.
**William P. Fenin, Plaintiff. vs. Julius Winklemier, Defendant.**
Continued as on affidavit at costs of plaintiff.
**William C. Kennett & Thomas I. Dix, Plaintiffs. vs. Robert P. Clark, Defendant.**
Dismissal.
On motion of the plaintiffs by their attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**John Anstedt, Plaintiff. vs. Julius Winkelmeyer, Defendant.**
Non Suit.
Now at this day this cause being called for trial, said plaintiff although solemnly called, comes not, wherefore on motion of said defendant by his attorney it is offered by the Court that said plaintiff be non suited. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said sit in this behalf but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof execution.
**Mary of Color, otherwise called Mary Davis, Plaintiff. vs. Samuel B. Bellis, Defendant.**
Continued by consent.
**Louis Bissell, William H. Barksdale, & John Maguire, Plaintiffs. vs. John Wiatt & Louis G. Berry, Defendants.**
Dismissal.
On motion of said plaintiffs by their attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**John Squire, et. al. Plaintiffs. vs. Thomas Harless, Defendant.**
Abstract of pleadings filed.
**Henry Ashbrook Jr, et. al. Plaintiffs. vs. O H. Pratt, Defendant.**
Abstract of issues filed.
**The German Saving Institution, Plaintiff. vs. William H. Belcher, Charles Belcher, Quincy A. Kieth, William Ray & Frederick Ray, Defendants.**
Judgment.
Now at this day comes said plaintiff by its attorney and the defendants Quincy A. Kieth, William Ray & Frederick Ray by their attorney, the defendants William H. Belcher & Charles Belcher, having heretofore made default, and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find from such proofs that said plaintiff has sustained damage by reason of the premises set out in its petition in the sum of Two thousand nine hundred and fourteen dollars. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
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> Handwritten Page Number on Record Book: 284
**October Term 1855. January 26th 1856.**
**William Farris, Plaintiff. vs. Jonathan H. Jackson, Defendant.**
Judgment.
Now at this day comes said plaintiff by his attorney, the defendant comes not, and thereupon comes also a Jury, viz: Moses Beddington, John Crow, Thomas Cochran, Thomas Bacon, Marcus Stevenson, Louis Motier, Edward Lester, John Brinkmeyer, Charles Snyder, Henry Bohlman, Herman Beuter & Henry Roy, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Five hundred and eighty nine dollars and sixty six cents, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Jacob Conrad, Plaintiff. vs. The City of St. Louis, Defendant.**
Judgment.
Now at this day comes said plaintiff by his attorney, the defendant comes not, and thereupon comes also a Jury, viz: Moses Beddington, John Crow, Thomas Cochran, Thomas Bacon, Marcus Stevenson, Louis Motier, Edward Lester, John Brinkmeyer, Charles Snyder, Henry Bohlman, Herman Beuter & Henry Roy, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Five hundred dollars, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Marie Tison, et. al. Plaintiffs. vs. Francois Tison, Defendant.**
Now at this day come the plaintiffs by their attorney, and by consent, as per written agreement this day filed, amend their amended Petition herein by striking out the name of Marie Tison as a party plaintiff herein.
**Charles H. Zivingman, Plaintiff. vs. Joseph A. Miller, Defendant.**
Dismissal.
Now at this day this cause being called for trial and no one appearing to prosecute the same, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Joseph P. Waggoner, Plaintiff. vs.
William L. Eiving & Henry Couvith, Defendants.**
Now at this day come the parties aforesaid by their respective attorneys and thereupon comes also a Jury viz : Moses Beddington, John Crow, Thomas Cochran, Thomas Bacon, Marcus Stevenson, Louis Motier, Peter D. Barada, John Brinkmeyer, Charles Snyder, Henry Bohlman, Herman Beuter & Henry Roy, twelve good and lawful men, who being duly elected, tried and sworn well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being concluded the Jury retire to consider of their verdict.
**The State of Missouri at the relation of Benjamin Brison, Plaintiff. vs. William Lingo, Defendant.**
And the said parties having now appeared before the Court and by their respective attorneys having been fully heard, it is ordered by the Court, that the said rule heretofore made herein be made absolute and the said information is thereupon filed by leave of Court, and it is ordered and that the writ prayed for issue; and thereupon the said Respondent being here in open Court by himself and counsel and waiving the necessity of the issuance and service of said writ, moves the Court for time to plead thereto; and thereupon the Court grants to the said Respondent until Thursday morning next at ten o'clock A. M. so to do; and the Court doth order that said Respondent, on or before said time, do plead to the said information.
**Edward V. Bryan, Addison L. Hardcastle & George T. Hardcastle, Plaintiffs. vs. Edward St. Michel, Defendant.**
On Plea in Abatement.
Now at this day come again the parties aforesaid by their respective attorneys and the Jury sworn and empanelled herein also come, and the Jury aforesaid upon their oaths aforesaid find the issues herein joined in favor of the plaintiffs. It is therefore considered and adjudged by the Court that at the date of the commencement of this suit said.
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**October Term 1855. Saturday January 26th 1856.**
defendant had fraudulintly conveyed and assigned his property and effects so as to hinder and delay his creditors and had fraudulently concealed and disposed of his property and effects so as to hinder and delay his creditors, in manner and form as charged in the plaintiff's petition.
**Edward V. Bryan, Addison L. Hardcastle & George T. Hardcastle, Plaintiffs. vs. Edward St. Michel, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and consent and agree that the Court may render judgment in favor of said plaintiffs and against said defendant for the sum of Seventeen hundred and fifty six dollars and nine cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as agreed and also their costs and charges herein expended and have thereof execution.
**Francis Charleson & William Mc. Sorley, Plaintiffs. vs. Edward St. Michel, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and consent and agree that the Court may render judgment in favor of said plaintiffs and against said defendant for the sum of Five thousand four hundred and seventy six dollars and thirteen cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as agreed and also their costs and charges herein expended and have thereof execution.
**William Lottimer, Alfred Large, Edward Sulley, W. J. Davidson, Henry Simson & M. F. Hodges, Plaintiffs. vs. Edward St. Michel, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and consent and agree that the Court may render judgment in favor of said plaintiffs and against said defendant for the sum of Six hundred and eighty three dollars and seventy cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as agreed and also their costs and charges herein expended and have thereof execution.
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> Handwritten Page Number on Record Book: 286
**October Term 1855. Monday January 28th 1856.**
The Court met pursuant to adjournment, Present as before.
**Reuben Beardslee, Plaintiff. vs. Turner Maddox, Defendant.**
Abstract filed, and continued as on affidavit at costs of defendant.
**Joseph P. Waggoner, Plaintiff. vs. William L. Ewing & Henry Couwith, Defendants.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Six hundred and thirty four dollars and eighty three cents, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**George B. Windle & James B. Windle, Plaintiffs. vs. Lyman Mower, Defendant.**
Judgment.
Now at this day come said plaintiffs by their attorney, defendant comes not, and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth find from such proofs that said plaintiffs have sustained damage by reason of the premises set out in their petition, in the sum of Two hundred and forty nine dollars and sixty three cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Joseph Strict, et. al. Plaintiffs. vs. William Buckley, Defendant.**
Now at this day comes the attorney for the defendant and suggests to the Court that since the last proceedings herein said defendant has departed this life, whereupon Peter B. Garesche Public Administrator of St. Louis County having in charge the estate of said deceased defendant enters his appearance as party defendant herein.
**Caswell T. Snead, et. al. Plaintiffs. vs. Peter Wegman, Defendant.**
Bill of Exceptions filed.
**The Atlantic Mutual Insurance Company, Plaintiff. vs. The Equitable Fire Insurance Company, Defendant.**
Continued as on affidavit at costs of defendant.
**Henry Ashbrook Jr. & Robert Graham, Plaintiffs. vs. O. H. Pratt, Defendant.**
Now at this day comes the attorney for the plaintiffs and suggests to the Court that since the last continuance of this cause Robert Graham one of the plaintiffs has departed this life; and this cause is continued until the next term of this Court.
**William D'Oench & John J. Campbell, Plaintiffs. vs. William Hefsz, Defendant.**
Judgment.
Now at this day come said plaintiffs by their attorney, defendant comes not, and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find from such proofs that said plaintiffs have sustained damage by reason of the premises set out in their petition in the sum of Three hundred and two dollars and twenty seven cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution. Finding of the Court filed.
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**October Term 1855. Monday January 28th 1856.**
**John Radcliffe, Plaintiff. vs. The Chicago & Mississippi Rail Road, Defendant.**
Non Suit.
Now at this day this cause being called for trial said plaintiff although solemnly called comes not, wherefore on motion of said defendant by its attorney it is ordered by the Court that said plaintiff be non suited. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf but that said defendant go thereof without day and recover of said plaintiff its costs and charges herein expended and have thereof execution.
**Samuel Rodgers & Bernard Noel, Plaintiffs. vs. Francis Watkins, Defendant.**
Non Suit.
Now at this day this cause being called for trial said plaintiffs although solemnly called come not, wherefore on motion of said defendant by his attorney, it is ordered by the Court that said plaintiffs be non suited. It is therefore considered and adjudged by the Court that said plaintiffs take nothing by their said suit in this behalf but that said defendant go thereof without day and recover of said plaintiffs his costs and charges herein expended and have thereof execution.
**Johnsons, Bartley & Lytle, Plaintiffs. vs. William J. Kountz, et. al. Defendants.**
Continued as on affidavit at costs of plaintiffs.
**Isaac W. Taylor, et. al. Plaintiffs. vs. George W. Cass, et. al. Defendant.**
Continued.
**Ashley C. Sugg, et. al. Plaintiffs. vs. John J. Roe, Defendant.**
Abstract filed.
**Christopher Rhodes, et. al. Plaintiffs. vs. The Steam Boat James Lyons. Defendant.**
Abstract filed.
**David A. Herrick, et. al. Plaintiffs. vs. John Brooks, Defendant.**
Abstract of issues filed.
**Joseph Waite, Plaintiff. vs. John Gilman, Archibald Carr & James A. Rogers, Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and the plaintiff dismisses this suit as to the defendants Archibald Carr & James A. Rogers and thereupon comes also a Jury, viz : August Aubuchon, Antoine Gena, John Vilmer, Daniel Warfield, James Jenkins, J. H. Douglass, John B. Roy, A. Vien, Joseph Johnson, William Hickey, Auguste Marshmeyer and J. P. White, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Two hundred and ninety two dollars and twelve cents, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Abraham Meyer & Adolphus G. Braun, Plaintiffs. vs. James Conran & Robert Peyinghaus, Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and thereupon comes also a Jury, viz : August Aubuchon, Antoine Gena, John Vilmer, Daniel Warfield, James Jenkins, J. H. Douglass, John B. Roy, A. Vien, Joseph Johnson, William Hickey, Auguste Washmeyer and J. P. White, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed, and being concluded, the Jury aforesaid upon their oaths aforesaid find for the plaintiffs in the sum of Seven hundred and seventy dollars, damages. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Asa Vail, Plaintiff. vs. Alfred Potts and Oliver G. Potts, Defendants.**
On Plea in Abatement.
Now at this day comes said plaintiff by his Attorney, defendants come not, and thereupon comes also a Jury, viz : August Aubuchon, Antoine Gena, John Vilmer, Daniel Warfield, James Jenkins, J. H. Douglass, John B. Roy, A. Vien, Joseph Johnson, William Hickey, Auguste Washmeyer and J. P. White, twelve good and lawful men who being duly elected, tried and sworn well and truly to try the issues joined between the parties aforesaid the trial of this cause progressed and being concluded the
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> Handwritten Page Number on Record Book: 288
**October Term 1855. Monday January 28th 1856.**
Jury aforesaid upon their oaths aforesaid find the issues herein joined in favor of the plaintiff. It is therefore considered and adjudged by the Court that at the date of the commencement of this suit said defendants had fraudulently conveyed or assigned their property and effects so as to hinder or delay their creditors, in manner and form as charged in the plaintiff's petition. Leave is given said defendants to plead to the cause of action herein forthwith.
**Cornelius D. Sullivan, et. al. Plaintiffs. vs. Robert Mc. O'Blemis, Defendant.**
Abstract of pleadings and issues filed.
**Joseph R. Wendover, Plaintiff. vs. Isaac T. Wise, Defendant.**
On motion f the defendant, the plaintiff filing his written consent thereto, it is ordered by the Court that a Special Commission issue herein, directed to William Miles the American Consul at the City of Lima, State of Peru, in South America, to take the deposition of Ralph B. Peck upon the Interrogatories herein filed by the plaintiff, or in case said William Miles cannot take the same, the same may be taken by James C. Mariott Secretary of Legation for the United States, there resided, or in case the said Mariott cannot take the same, the same may be taken by John R. Clay United States Minister there residing.
**Logan Sleeper, Plaintiff. vs. Jonathan Jones, Defendant.**
Continued by consent at costs of plaintiff.
**John Tevis, Assignee & c. Plaintiff. vs. Chastain Saunders Administrator of Henry L. Tevis, Defendant.**
Now at this day comes the attorney for the defendant and suggests to the Court that said Chastain Saunders has resigned his Office of Administrator aforesaid, whereupon Peter B. Garesche Public Administrator of St. Louis County having in charge the estate of said Henry L. Tevis, enters his appearance as party defendant herein.
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> Handwritten Page Number on Record Book: 289
**October Term 1855. Tuesday January 29th 1856.**
The Court met pursuant to adjournment, Present as before.
Sheriff's Deed. Turner Maddox Esquire, Sheriff of St. Louis County, comes into open Court and acknowledges the execution by him as Sheriff as aforesaid of a deed to Frederick Albright of all the right, title, interest, claim, estate and property of George W. Loper of, in and to the following described real estate, viz : a certain lot or piece of ground situate in Triplett's addition to the Village of Manchester in the County of St. Louis State of Missouri, being Lot No. 4 in Block No. 7, in said addition being sixty feet front on main street and running back one hundred and twenty feet to an alley twelve feet wide. Also the north east quarter of tract of land described in an order of sale made by the St. Louis Circuit Court dated June 6th 1848 in the case of William Hogg Jr. and other in partition, containing Fifty three 1/8 acres, being more fully described in said order of sale and decree of said Court, and by reference to deed made by Samuel Conway Sheriff of St. Louis County under said order, sold by virtue and under authority of two executions issued from the Clerk's office of the St. Louis Circuit Court, dated 2nd November 1855, against Benjamin Lacy and Gurge W. Loper.
Patrick Doyle, a native of Ireland, who applies to be 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 for 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, renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever and particularly to the Queen of Great Britain and Ireland of whom he is at present a subject, therefore the said Patrick Doyle is admitted a Citizen of the United States of America.
**Frederick Albright, Plaintiff. vs. Gurge W. Loper, Defendant.**
Confession of Judgment.
Now at this day comes the plaintiff by his attorney and files the written statement of the defendant duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Eight hundred and fifty dollars and fifty cents and consents that judgment be rendered against him for said sum. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**The State of Missouri to use John T. Beck's Admr. Plaintiff. vs. Conrad Socrgel, Defendant.**
On motion of the plaintiff by his attorney, it is ordered by the Court, that an alias Summons issue herein returnable to the next term of this Court.
**Samuel Rodgers, et. al. Plaintiffs. vs. Francis Watkins, Defendant.**
By consent of parties it is ordered by the Court that the non suit heretofore entered herein be and the same is hereby set aside and this cause is continued until the next term of this Court at the costs of the plaintiffs.
**George W. Fuller, Plaintiff. vs. David Rees, Defendant.**
Continued by consent at costs of defendant.
**William Hargreaves & Charles E. Smith, Plaintiffs. vs. Restcome P. Perry, John H. Young, and Alexander F. W. Webb, Defendants.**
Now at this day come the defendants by their attorney and on their motion, it is ordered by the Court that the judgment heretofore entered herein sustaining the Demurrer of the defendants to the petition of the plaintiffs be and the same is hereby made final. It is therefore considered and adjudged by the Court that said plaintiffs take nothing by their said suit in this behalf but that said defendants go thereof without day and recover of said plaintiffs their costs and charges herein expended and have thereof execution.
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> Handwritten Page Number on Record Book: 290
**October Term 1855. Tuesday January 29th 1856.**
**Christopher Rhodes, et. al. Plaintiffs. vs. The Steam Boat James Lyons. Defendant.**
Continued as on affidavit as costs of defendant.
**Canton Hoffmann, Plaintiff. vs. Henry Kahle, Defendant.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**John Schilling, Plaintiff. vs. Anna C. Speck, Defendant.**
Abstract filed.
**Sanguinette H. Benorist, et. al. Plaintiffs. vs. Lamar E. Suber, Defendant.**
Abstract of issues filed.
**Waterman & Ryan, Plaintiffs. vs. Miltenberger & Robyn, Garnishees, Defendants.**
Answer of Garnishees filed.
**James W. Paige, et. al. Plaintiffs. vs. Theodore R. Posey, Defendant.**
On motion of the plaintiffs by their attorney, it is ordered by the Court that an alias Summons issue herein returnable to the next term of this Court.
**William Lottimer, et. al. Plaintiffs. vs. Francis A. Hunt, Garnishee, Defendant.**
Answer of Garnishee filed by consent two Stipulations filed and continued by consent.
**Rosewell M. Field, Plaintiff. vs. Michael Sutter, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and thereupon comes also a Jury, viz : August Marshmeyer, J. P. White, Walter Schields, George M. Witting, John Q. Meyers, Julius Morrisse, James M. Garth, Thomas Burke, Philip Mc.Donald, Robert Worson, James Worson & Henry Morrison, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Four hundred and twenty nine dollars, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Abraham M. Abrahams, Plaintiff. vs. Zaduc A. Rosenthal, Defendant.**
Now at this day comes Alexis Mudd the Receiver appointed herein, and files his account as such Receiver, from which it appears that he has received from the property and effects which have come into his hands as such Receiver the sum of Sixty six dollars and that he has expended Forty one dollars and seventy cents, leaving in his hands a balance of cash of Twenty four dollars and thirty cents, which said balance he claims as compensation for his services herein, which is allowed him by the Court, and the Report of the said Receiver by consent of parties is confirmed; and this cause is dismissed by the Court at the costs of the plaintiff, and the Court doth order that execution issue therefor, the defendant waiving all claim of damages on account of the injunction herein.
**Samuel Gaty, John S. Mc. Cune, et. al. Plaintiffs. vs. The Steam Boat Reindeer, Defendant.**
Now at this day come the parties aforesaid by their respective attorneys and thereupon comes also a Jury, viz : August Aubuchon, Antoine Gena, John Vilmer, Daniel Warfield, James Jenkins, J. H. Douglass, John B. Roy, A. Vien, Joseph Johnson & William Hickey, by consent, ten good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being concluded, the Jury retire to consider of their verdict.
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> Handwritten Page Number on Record Book: 291
**October Term 1855. Tuesday January 29th 1856.**
**Samuel Gaty, et. al. Plaintiffs. vs. The Steam Boat Winchester Defendant.**
Now at this day come the parties aforesaid by their respective attorneys and thereupon comes also a Jury, viz : August Aubuchon, Antoine Gena, John Vilmer, Daniel Warfield, James Jenkins, J. H. Douglass, John B. Roy, A. Vien, Joseph Johnson & William Hickey, by consent, ten good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being concluded, the Jury retire to consider of their verdict.
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> Handwritten Page Number on Record Book: 292
**October Term 1855. Wednesday January 30th 1856.**
The Court met pursuant to adjournment, Present as before.
**Samuel Gaty, John S. Mc. Cune, Gerard B. Allen & James Collins, Plaintiffs. vs. The Steam Boat Reindeer, Defendant.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and the Jury aforesaid upon their oaths aforesaid find for the plaintiffs in the sum of Eight hundred and sixty dollars and sixty seven cents, damages. It is therefore considered and adjudged by the Court that said plaintiffs recover of William Thomas the principal, and John B. Carson and E. K. Woodward the securities in the bond given for the release of said boat, the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Samuel Gaty, John S. Mc. Cune, Gerard B. Allen & James Collins, Plaintiffs. vs. The Steam Boat Winchester Defendants.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and the Jury aforesaid upon their oaths aforesaid find for the plaintiffs in the sum of Twenty two hundred and eighty three dollars and eighty cents, damages. It is therefore considered and adjudged by the Court that said plaintiffs recover of William Thomas the principal, and John B. Carson and E. K. Woodward the securities in the bond given for the release of said boat, the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Samuel Jacob, Plaintiff. vs. James H. Mc. Lean, Defendant.**
Judgment.
Now at this day comes said plaintiff by his attorney, defendant comes not, and waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff has sustained damage by reason of the premises set out in his petition, in the sum of One hundred and seventy three dollars and eighteen cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution. Finding of the Court filed.
**Henry Boernstien, et. al. Plaintiffs. vs. Simon Eimer, Defendant.**
The Court having duly heard and considered the motion to quash the unit of attachment herein, and being fully advised of and concerning the premises doth consider and adjudge that said motion be overruled. Leave is given the defendant to answer herein on or before the first day of the next term of this Court.
**Charles Mueller's Admr. Plaintiff. vs. Frederick Mueller, Defendant.**
The Court having duly heard and considered the Demurrer herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be overruled. Leave is given the defendant to answer herein within ten days from this date.
**Augustin Denegre, Plaintiff. vs. David T. Hall's Executor, Defendant.**
The Court having duly heard and considered the motion to set aside the order of dismissal herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be sustained upon the plaintiffs paying the costs herein accrued at the present term of this Court, and upon giving security, according to the statute, for the costs herein, on or before the first day of the next term of this Court.
**In the matter of Elizabeth Giroux, Administratrix of Francis Giroux, deceased.**
On Appeal from final settlement in St. Louis Probate Court.
And now comes the said Elizabeth Giroux, by her attorney, and exhibits to the Court her account for the final settlement of her administration of the estate of Francis Giroux, deceased, and the Court doth examine and find that at her last settlement with the Probate Court there was a balance against her in favor of said estate of Three thousand nine hundred
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> Handwritten Page Number on Record Book: 293
**October Term 1855. Wednesday January 30th 1856.**
and fifty two dollars and ninety eight cents. and that she has since received Three hundred and sixty dollars; making together the sum of Four thousand three hundred and twelve dollars and ninety eight cents, and that after allowing her credit for all payments made, and down in unit of real estate, together with commissions, making in the aggregate the sumof nine hundred and ninety six dollars and eighty two cents, there still remains a balance in faver of the said estate against said Elizabeth [Gironx ?] as adminitratrix as aforesaid of Three thousand the hundred and sixteen dollars and sixteen cents. And the Court disallows credit claimed by the said Elizabeth [Gironx ?] for the sum of Fifteen hundred and thirty three dollars being for moneys of the estate expended by the said Elizabeth [Gironx ?] in improving the real estate of the deceased, or for any portion thereof, and doth order that this cause be certified to the St. Louis Probate Court to be proceeded, according to the statute in such cases made and provided.
George Christian Fobein, a nature 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 as least five years and in the State of Missouri for as 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 preparotary steps required by the laws of the United States, concerning the naturilization of foruginess, and the said applicant declaring here, in Open Court, upon vath, that he will support the constitution of the United States, and that he doth [announce ?] entirely and absolutely, renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly to the Government of Germany of whom he is at present a subject, therefore the said George Christian Fobion is admitted a citizen of the United States of America.
**William A. Robinson, Plaintiff. vs. Robert Stevens, Defendant.**
Abstract of pleadings filed.
**Christopher F. Blanchard, Plaintiff. vs. Henry S. Hamilton, Garnishee of Comby Watsen Defendant.**
Default.
Now at this day comes said plaintiff by his attorney, but said defendant although duly summened and called, comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the allegations of said plaintiff be taken against said garnishee as confeseed, and this cause is continued until the next term of this Court.
**Richard W. Walton, Plaintiff. vs. James Pellaux, Garnishee of Francis & Walton, Defendant.**
Default.
Now at this day comes said plaintiff by his attorney, but said defendant although duly summened and called, comes not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the allegations of said plaintiff be taken against said garnishee as confessed, and this cause is continued until the next term of this court.
**Robert Adams, Plaintiff. vs. John Simonds & Henry L. Patterson garnishees of H D. V. G. J. Beady, Defendants.**
Garnishment. Dismissal.
The plaintiff having failed to file allegations & Interrogatories herein, it is ordered by the Court that said garnishees be discharged, and that said plaintiff pay the costs herein accused, and that execution issue therefor.
**Edward V. Bryan, Addison L. Hardeastle, & George J. Hardeastle, Plaintiff. vs. J. W. Borth, Joseph Price & Samuel Stilwell, garnishees of Marton & Irwin Defendants.**
Dismissal. On motion of the plaintiffs by their attorney, it is ordered by the Court that this cause be dismissed as the costs of said plaintiff and that execution issue therefor.
**James E. Yeatman & George R. Robinson, Plaintiffs. vs. Christopher Rhodes & George Pegram, garnishees of Metropolitan Insurance Company. Defendants.**
Dismissal. On motion of the plaintiffs by their attorney it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor, and the Court allows said Garnishees the sum of Ten dollars for their trouble and expense herein, to be taxed as costs herein.
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> Handwritten Page Number on Record Book: 294
**October Term 1855. Wednesday January 30th 1856.**
**Waterman Ryan, Plaintiffs. vs. Miltenberger Robyn, garnishees of Maurice Lenihan, Defendants.**
Leave is given the plaintiffs to reply to the answer herein on or before the first day of the next term of this Court, and this cause is continued until the next term of this Court.
**Thomas M. Fithian, George Barnard & James Barnard, Plaintiff. vs. James S. Chew, Garnishee of the Columbia Insurance Company of South Carolina, Defendant.**
Garnishment. Judgment.
Now at this day come the parties aforesaid by their respective attorneys and waiving a Jury, submit this cause to the court upon the pleadings herein, and the Court doth find from the answer of the defendant, that as the time of the service of the garnishment herein upon him, he was indebted to the said Columbia Insurance Company of South Carolina in the sum of Six hundred dollars and eighty cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and [also their costs and charges herein expended an ?] have thereof execution. Whereupon the said plaintiffs acknowledge to have received full and entire satisfaction of the aforesaid judgment.
**Thomas M. Fithian, George Barnard & James Barnard, Plaintiffs. vs. Henry Ames, Edgar Ames, John J. Roe, Milliam L. Ewing, Fred Berthold, A. G. Edward, P. N. Heermans, & Nathan Cole, garnishees of the Columbia Insurance Company of South Carolina. Defendants.**
Dismissal.
On motion of the plaintiffs by their attorney, it is ordered by the Court thus this cause be dismissed as the costs of said plaintiffs and that execution issue therefor, and the Court allows each of said defendants the sum of Ten dollars for their trouble and expense in Answering herein, to be taxed as costs herein.
**The Bank of the State of Missouri, Plaintiff. vs. John M. Krum & Chester Harding Jr. Garnishees, Defendants.**
Continued.
**William H. Anderson, et. al. Plaintiff. vs. James S. Chew, Thomas F. Fithian, James Barnard & George Barnard, garnishees. Defendants**
Now at this day come said plaintiffs by their Attorney, and dismiss this suit as to the defendants Thomas F. Fithian, James Barnard & George Barnard, and the Court allows each of said defendants the sum of Ten dollars for their trouble and expense in answering herein, to be taxed as costs against said plaintiffs, and doth order that execution issue therefor, but the said defendant James S. Chew although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs by their Attorney, it is ordered by the Court that the allegations of said plaintiffs be taken against said defendant as confessed, and this cause is continued until the next term of this Court.
**Edward Bredell, et. al. In Partition.**
Continued.
**Edward Mathews, Plaintiff. vs. John Sigerson, Defendant.**
Now Suit.
Now at this day come the parties aforesaid by their respective attorneys, and waiving a Jerry, submit this cause to the Court upon the pleadings and proofs, and the Court proceeding to hear the same, the plaintiff says he will not further prosecute his said suit in this behalf, but voluntarily takes a non. Suit. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof execution. Leave is given said plaintiff to move to set aside said now suit.
**John Squire & Samuel G. Reed, Plaintiffs. vs. Thomas Harless, Defendant.**
Now Suit.
Now at this day come said plaintiffs by their attorney, and say they will not further prosecute their said suit in this behalf, but voluntarily take a non. Suit. This therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf, but that said defendants go thereof without day and recover of said plaintiffs their costs and charges herein expended and have thereof execution.
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> Handwritten Page Number on Record Book: 295
**October Term 1855. Wednesday January 30th 1856.**
**Counclius D. Sullivan & Jeremiah J. Sullivan, Plaintiffs. vs. Robert Mc. Blenis, Defendant.**
Judgment.
Now at this day come said plaintiff by their attorney, defendant comes not, and waiving a jury, submit this cause to the court upon the pleadings and proofs, and the court having duly heard and considered the same, doth find from such proofs that said plaintiffs have sustained damage by reason of the premises setout in their petition in the sum of Four hundred and fifty two dollars. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid inform aforesaid as found and also their costs and charges herein expended and have thereof execution. Finding of the Court filed.
**Ervald Mafsaw, Plaintiff. vs. Edward Boneaw, Defendant.**
Judgment.
Now at this day comes said plaintiff by his attorney, defendant comes not, and waiving a jury submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff has sustained damage by reason of the premises set out in his petition in the sum of Sixteen hundred and ninety nine dollars and fifty five cents, and that he is entitled to interest thereon as the rate of ten percent per annum until paid. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and changes herein expended and have thereof execution. Finding of the Court filed.
**Asa Vaib, Plaintiff. vs. Alfred Potts. et. al. Defendants.**
Motion for arrest of judgment, Motion for now trial, and Affidavit in suppers of motion for new trial filed.
**Thomas C. Reynolds, Plaintiff. vs. Adolphe Mayer & August Harteveig, Defendants.**
Judgment.
Now at this day comes said plaintiff by his attorney and dismisses this suit as to the defendant Adolphe Mayer, and the defendant August Hartevieg appears by his Attorney, and thereupon comes also a Jury, viz: Walter Shields, John I. Meyers, James M. Garth, Robert Marson, Henry Marrison, August Marshmeyer, G. M. Mitting, Julius Morresse, Philip Mc. Donald. James Morson, J. P. White & William Hickey, who being duly elected, tried and sworn, wel and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Ten hundred and five dollars and ten cents, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**John S. Mc. Cune, et. al. Plaintiffs. vs. Joseph S. Hull, et. al. Defendants.**
By consent of parties it is ordered by the Court that the Default and Order of Reference heretofore made herein be and the same is hereby set aside, and the defendants file their answer herein.
**Philip S. Lanham, Plaintiff. vs. William Eads, et. al. Defendants.**
Abstract of pleadings filed.
**Charlotte Winsmith, Plaintiff. vs. Heiman Fravverd, Defendant.**
Divorce.
Now at this day come the parties aforesaid by their respective attorneys and submit this cause to the Court upon the pleadings and proofs, and the Court proceeds to hear the same, but not having concluded as the hour of adjournment further proceedings herein are continued until to-morrow morning.
**John Levis, Assignee of Levis Sons & Co. Plaintiff. vs. Peter B. Garesche, Public Administrator of St. Louis County who administers the estate of Henry L. Levis, deceased. Defendant.**
Judgment. Now at this day come the parties aforesaid by their respective attorneys and waiving a Jury, submit this cause to the covers upon the pleadings and proofs, and the Court having duly heard and considered the same doth find from such proofs that said defendant is indebted to said plaintiff in the sum of Forty five hundred dollars and sixty one cents, and that the same belongs to the sixth class of claims against said estate. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid infirm aforesaid as found and also his costs and charges herein expended, and doth order that this cause be certified to the St. Louis Probate Court to be proceeded in according to the statute in such cases made and provided. Finding of the Court filed.
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> Handwritten Page Number on Record Book: 296
**October Term 1855. Thursday January 31st 1856.**
The Court met pursuant to adjournment, Present as before.
**Ashley C. Sugg, et. al. Plaintiffs. vs. John J. Roe, Defendant.**
Continued as on affidavit as costs of plaintiffs.
**Lounzo Braun, Andrew Krug, Ferdinand Braun, & George Brassler, Plaintiffs. vs. Napolean B. Franklin, Defendant.**
Judgment.
Abstract filed, and now at this day come the parties aforesaid by their respectives Attorneys, and the defendant files his affidavit for a continuance herein, which the Court having duly heard and considered, doth refuse to grant, and therefore the parties waiving a Jeny submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said [defendant is ?] plaintiffs have sustained damage by reason of the premises set out in their petition in the sum of Five hundred and fifty nine dollars and thirty nine cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution. Finding of the Court filed. Bill of Exceptions filed.
**State as the relation of Benjamin Brison, Plaintiff. vs. William Lings, Defendant.**
Demurrer filed, and by consent of parties the hearing of this cause is continued until to-morrow afternoon as three o'clock. Joinder in Demurrer filed.
**David A. Herrick & Irael N. Scudder, Plaintiffs. vs. John Brooks, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and waiving a Jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiffs have sustained damage by reason of the premises setout in their petition in the sum of Six hundred and twenty dollars and fifty five cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid inform aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Daniel D. Page, Henry D. Bacon, Thomas Broun & Edward Myman, Plaintiffs. vs. Dominick J. Childs & Nathaniel Childs Jr, Defendants.**
Now at this day come the parties aforesaid by their respective Attorneys, and there upon comes also a Jury, viz: August Aubuchon, Anntoine Gena, John Vilmer, Daniel Warfield, James Jenkins, J. H. Douglass, John B. Roy, A. Vein, Joseph Johnson, William MacKey, August Marshmeyer & J. P White, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed, when it is ordered by the Court that, the Jury sworn herein be and the same is hereby with drawn, and this cause is referred to Francis A. Manter Esquire, to take and Stale an account between the parties aforesaid, who will refers his proceedings herein to this Court with all convenient dispatch.
**John Schilling, Plaintiff. vs. Anna C. Speck, Defendant.**
Judgment.
Now at this day comes said plaintiff by his Attorney, defendant comes not, and waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff has sustained damage by reason of the premises set out in his petition in the sum of Six hundred and seventy six dollars and sixty nine cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in sum aforesaid as found and also his costs and charges herein expended and have thereof execution. Finding of the Court filed.
**Richard Lloyd, Plaintiff. vs. George B. Brua, Defendant.**
Dismissal.
Now at this day this cause being called for trial said plaintiff although solemnly called, comes not, wherefore it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
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> Handwritten Page Number on Record Book: 297
**October Term 1855. Thursday January 31st 1856.**
**Philip Klein, Plaintiff. vs. John Gatting, Defendant.**
Continued.
**Philip S. Lanham, Plaintiff. vs. William Eads, & Margaret Eads, Defendants.**
Judgment.
Now at this day comes said plaintiff by his attorney, defendants come not, and waiving a Jury submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff has sustained damage by reason of the remises set out in his petition in the sum of Seven hundred and eighteen dollars and forty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid inform aforesaid as found and also his costs and charges herein expended and have thereof execution. Finding of the Court filed.
**James E. Yeatman & George R. Robinson, Plaintiffs. vs. Richard L. Lockwood, Ralph P. Vooshies & Milliam H. Pearson, garnishees of the Metropolitan Insurance Company, Defendants.**
Judgment.
Now at this day come the parties aforesaid, by their respective Attorneys, and submit this cause to the Court upon the pleadings, and the Court doth find from the Answer of the defendants that as the time of the service of the garnishment herein upon them, they were indebted to the said Metropolitan Insurance Company in the sum of Two hundred and ten dollars and twenty nine cents. It is therefore considered and adjudged by the Court the that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and have thereof execution, and the Court allows the said garnishees the sum of Ten dollars for their trouble and expense in Answering herein, the same to be taxed as costs herein.
**Charlotte Klunismith, Plaintiff. vs. Herman Fraiverd, Defendant.**
Divorce.
Now at this day come again the parties aforesaid by their respective Attorneys, and thereupon the Court proceed further to hear the proof herein, and having concluded, takes time to consider thereof.
**Angelica C. Yeatman, James A. Yeatman, and Charles Henry Yeatman, Plaintiffs. vs. James E. Yeatman, Defendant.**
Dismissal.
And now come the said parties by their Attorneys and submit this matter to the Court, upon the pleadings and exhibits, and the Court having read and fully considered the same, of its sum motion doth dismiss the said petition, with leave to plaintiffs to file another petition in conformity with the decision of the Court.
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> Handwritten Page Number on Record Book: 298
**October Term 1855. Friday February 1st 1856.**
The Court met pursuant to adjournment, Present as before.
**Samuel Gaty, et. al. Plaintiffs. vs. The Steam Boat "Reindeer," Defendant.**
Motion and reasons for new trial filed.
**Samuel Gaty, et. al. Plaintiffs. vs. The Steam Boat "Winchester," Defendant.**
Motion and reasons for new trial filed.
**Isaac W. Taylor, et. al. Plaintiffs. vs. Enoch W. Clark, et. al. garnishees, Defendants.**
Continued.
**James Lindsay, Trustee, Plaintiff. vs. Henry B. Beet. Defendant.**
Bill of Exceptions filed.
**Stephen Haskell & James M. Franciscus, Plaintiffs. vs. Lyman Mower, William Haslett, David Beaky, & John Beakey, Defendants.**
Judgment.
Now at this day come again said plaintiffs by their attorney, and dismiss this suit as to the defendant David Beakey, the defendant Lyman Mower comes not, and the plaintiffs waiving a Jury, submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiffs have sustained damage by reason of the premises set out in their petition in the sum of Three hundred and sixty nine dollars and five cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution. Finding filed.
**John Schilling, Plaintiff, vs. Anna C. Speck, Defendant.**
Motion for new trial filed.
**Calvin M. McClung, et. al. Plaintiffs. vs. William S. White & James Porter, Defendants.**
Satisfaction.
Now at this day come said plaintiffs by their attorney and acknowledge to have received full and entire satisfaction of the Judgment rendered herein on the twenty sixth day of October Eighteen hundred and fifty five.
**State at the relation of Benjamin Brison, Plaintiff. vs. William Lingo, Defendant.**
Now at this day come the Parties aforesaid by their respective attorneys, and the Court having heard the Demurrer of the defendant herein, doth order that the same be stricken from the files, and leave is given said defendant to plead herein during to-morrow.
**Cabel W. Baldwin, Plaintiff. vs. Philip G. Ferguson, et. al. Defendants.**
Now at this day come the parties aforesaid by their respective attorneys and thereupon comes also a Jury, viz: Antoine Gena, John Vilmer, Daniel Warfield, James Jenkins, J. H. Douglass, John B. Roy, A. Vien, William Hickey, Walter Shields, Julius Morisse, Thomas Burke, and Philip McDonald, twelve good and lawful men, who being duly elected tried and seven, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progrossed but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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**Viewer Page 307** (rcdbook1855_25_0306.jpg)
> Handwritten Page Number on Record Book: 299
**October Term 1855. Saturday February 2nd 1856.**
The Court met pursuant to adjournment, Present as before.
John Mc. Caffary, a native of Ireland, who applies to be a Citizen of the United States, comes and proves to the satisfaction of the Court, that he has resided in the United States for as least five years, and in the State of missouri for at least one year immediately proceding 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 naturilization 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 alligiance and fidelity to every foreign Power, Prince, State and Sovereiginty whatsoever and particularly to the Queen of Greas Britian and Ireland of whom he is at present a subject, therefore the said John Mc. Caffary is admitted a Citizen of the United States of America.
**Johnson P. Lee, et. al. Plaintiffs. vs. Abel O. French, Defendant.**
On motion of the defendant by his attorney, it is ordered by the Court that a Deoimus issue herein on the part of said defendant to the State of New York.
**Samuel Jacob, Plaintiff. vs. James H. Mc. Lean, Defendant.**
Motion to set aside Judgment by default filed.
**Cornelius D. Sullivan, et. al. Plaintiffs. vs. Robert Mc. O. Blenis, Defendant.**
Motion & reasons for new trial, and affidavit to set aside judgment filed.
**John Levis, Assignee vs. Plaintiff. vs. Henry L. Levis's Admr. Defendant.**
Motion for Reveiw filed.
**Lounzo Braun, et. al. Plaintiffs. vs. Napolean B. Franklin, Defendant.**
Motion in arrest of judgment, and motion for a review & a new trial and a rehearing filed.
**Cabeb M. Balderin, Plaintiff. vs. Philip G. Ferguson, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury severn and empannelled herein also come, where Daniel Warfield one of said Jurers, on account of sickness, is discharged from further service herein, and there upon by consint of parties the trial of this cause progressed before the remaining eleven [jurers ?], but not being concluded at the him of adjournment, further proceedings herein are continued until Monday morning.
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**Viewer Page 308** (rcdbook1855_25_0307.jpg)
> Handwritten Page Number on Record Book: 300
**October Term 1855. Monday February 4th 1856.**
The Court met pursuant to adjournment, Present as before.
John Loden Kemper, a nation of Prussia, aged twenty two years, who applies to be admitted a Citizen of the United States, comes and proves to the satisfaction of the Court, by the testimony of John F. Gravy and John H. Meyer, two credible witnesses, citizens of the United States, that he arrived in the United States a minor, under the age of eighteen years, that he has resided in the United States as least five years, including the years of his minority, and in the State of Missouri at least one year, immediately proceding 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 will disposed to the good order and happiness of the same: and the said applicant declaring here, in Open Court, upon oath, that for three years last past it has been, bonaside, his intention to become a citizen 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 Prussia of whom he is at present a subject therefore the said John Loden Kumfer is admitted a Citizen of the United States of America.
Sheriff's Deed. John M. Wimer, Esquire, late Sheriff of St. Louis County, comes into Open Court and acknowledges the execution by him as Sheriff as aforesaid, of a Deed to Horaca Metcalfe, of all the eight, tille, interest, claim, estate and property of Louis C. Smith, Thomas F. Smith & Philomena Smith, of, in and to the following discribed realestate situated in the County of St. Louis State of Missouri according to a pleat of subdivision of lands No. 2040, belonging to the heirs of Emilie Smith, annexed to my former deed to said Metcalfe dated the 8th day of march 1854. (Recorded in look X No. 6. page 320.) to wit: lot number fifteen of said plat of subdivision, containing thirty five acres and sixty hundredths of an acre, at the price and sum of Five Thousand nine hundred and seventy seven dollars, together with the lots in said former deed mentioned. The above described was omitted by mistake to be included in my former deed alone mentioned. sold by vertue and under authority of an order of sale made by the St. Louis Circuit Court on the eleventh day of January 1854, in a certain partition suit therein pending, wherein Louis G. Smith, Thomas H. Smith by his guardian L. C. Smith, Philomina Smith by her guardian Henry Chouteau were parties.
**State, at the relation of Benjamin Brison, Plaintiff. vs. William Lingo, Defendant.**
Leave to amend Information by adding thereto affidavit, and signature of the Circuit Attorney of this Circuit, so as to make the same conform in there respects with the original Information; and amendment made accordingly: to which action of the Court defendant objects and excepts. Pled to information, Answer and three Exhibits, and Motion for judgment upon plea and answer filed.
**In the matter of the assignment of Emic Limberg.**
Now at this day comes Henry A. Homeyer Assignee of said Emie Limberg and prays the Court to grant him an extension of thirty days for the feling of the Inventory herein acending to law, for the reasons set forth in the affidavit by himfiled, which upon hearing the Court doth grant.
**Charles Wolff, Lewis Wolff & Wiliam Wolff, Plaintiffs. vs. Aaron H. Hackney, Defendant.**
Judgment.
Now at this day come said plaintiffs by their Attorney, defendant comes not, and waiving a Jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiffs have sustained damage by reaso of the premises set out in their petition in the sum of Nine hundred and fifty five dollars and fifity five cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution. Finding of the Court filed.
**Caleb W. Baldwin, Plaintiff. vs. Philip G. Ferguson, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective Attorneys, and the Jury sworn and empannelled herein also come, and thereupon the trial of this cause progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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**Viewer Page 309** (rcdbook1855_25_0308.jpg)
> Handwritten Page Number on Record Book: 301
**October Term 1855. Tuesday February 5th 1856.**
The Court met pursuant to adjournment, Present as before.
**William A. Robinson, Plaintiff. vs. Robert Stevens, Defendant.**
The Court having duly heard and considered the motion to strike out the Amended Answer herein, and being fully advised of and concerning the premises, doth consider and adjudge that the said motion be overruled.
**Henry Blaksley, Plaintiff. vs. Benjamin M. Sharp, Defendant.**
Order of Injunction.
Now at this day comes said plaintiff by his Attorney and files his petition herein duly verified by affidavit, and the Court having duly heard and considered the same, and the said plaintiff having executed bond with security in the sum of Two thousand dollars conditioned according to the statute in such cases made and provided, it is therefore, on motion of said plaintiff by his Attorney, ordered by the Court that the said defendant be joined and restrained from removing or setting certain wood and timber in the plaintiff's petition mentioned, and from cutting any more of said timber, or from further proceeding under a certain contract in plaintiff's petition mentioned, until the further order of this Court.
**State, at the relation of Benjamin Brison, Plaintiff. vs. William Lingo, Defendant.**
Now at this day come the parties aforesaid by their respective Attorneys, and the said Respondent withdraw his answer filed herein, and the Court having duly heard and considered the motion for judgment upon answer and Plea herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be overruled, leave is given the plaintiff to reply or demur to the Plea herein forthwith. Demurrer filed.
**Francis A. Hunt, Joel Edward Hunt, & Benjamin Slater, Plaintiffs. vs. Sylvester V. Clark, Defendant.**
Dismissal.
On motion of the plaintiffs by their Attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Caleb M. Baldwin, Plaintiff. vs. Philip G. Ferguson, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective Attorneys, and the jury severn and empannelled herein also come, and thereupon the trial of this cause progressed but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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**Viewer Page 310** (rcdbook1855_25_0309.jpg)
> Handwritten Page Number on Record Book: 302
**October Term 1855. Wednesday February 6th 1856.**
The Court met pursuant to adjournment, Present as before.
**The Circuit Attorney for the use of the State of Missouri on the relation of Benjamin Brison, Plaintiff. vs. William Lingo, Respondent.**
Information Ino Warrants.
And now come the parties aforesaid by their respective attorneys, whereupon all and singular the premises aforesaid being seen and by the Court here fully understood, and mature deliberation being thereupon had, it appears to the Court that the said plea by the said Respondent in manner and form aforesaid pleaded, and the matters therein contained are not sufficient in law to bar or preclude the said Plaintiff from having or mainting the said process of Information for Ino Warrants against the said Respondent; wherefore it is considered by the Court here, that the said Respondent do not in any manner intermeddle or concern himself in and about the holding of or executing this said Office of Superintendent of the Work House of the City of St. Louis, in the said information specified, in vertue of the supposed election and commission by him mentioned in his plea in bar aforesaid, but that the said Respondent be absolutely prejudged and excluded from holding or executing the said Office, and that the said relator recover of the said respondent his costs and charges herein expended and have thereof execution.
**Peter L. Vandeventer, et. al. Plaintiffs. vs. Edwin M. Ryland, et. al. Defendants.**
Answer of defendants Ryland filed.
**Caleb M. Baldwin, Plaintiff. vs. Philip G. Ferguson, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective Attorneys, and the jury sworn and empannelled herein also come, and thereupon the trial of this cause progressed and being concluded the jury retire to consider of their verdict.
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**Viewer Page 311** (rcdbook1855_25_0310.jpg)
> Handwritten Page Number on Record Book: 303
**October Term 1855. Thursday February 7th 1856.**
The Court met pursuant to adjournment, Present as before.
James Jarret, a native of Scotland, who applies to be 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 prepavatory steps required by the laws of the United States, concerning the naturilization 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 what soever and particularly to the Queen of Great Britian and Ireland of whom he is at present a subject, therefore the said James Jarret is admitted a Citizen of the United States of America.
**Charlotte Rleinsmith, Plaintiff. vs. Hermann Frawerd, Defendant.**
Divorce. Judgment.
Now at this day come again the parties aforesaid by their respective Attorneys, and the Court being now fully advised of and concerning the premises herein, doth find the issues joined between the parties aforesaid in favor of the defendant. It is therefore considered and adjudged by the Court that said plaintiff take nothing by her said suit in this behalf but that said defendant go thereof without day. It is further ordered by the Court that said defendant pay the costs of this proceeding and that execution issue therefor. Finding filed.
**Farmer's & Merchant's Bank of Memphis, Plaintiff. vs. Kennedy Lonergan's Admrx, Defendant.**
Continued by Consent.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, Defendant.**
Continued by Consent.
**James M. Kingsbury's Executors, Plaintiffs. vs. Hardage Lance's Executors, Defendants.**
Replevin - Dismissal.
On motion of the plaintiffs by their attorney it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs.
**Sanguinette H. Benirst, et. al. Plaintiffs. vs. Lamar E. Suber, Defendant.**
By consent of parties it is ordered by the Court that this cause be referred to the Chamber of Commerce of the City of St. Louis, to Arbitrate, and that when their award in writing be returned, judgment herein shall be entered in accordance with the same.
**William A. Robinson, Plaintiff. vs. Robert Stevens, Defendant.**
Continued.
**Caleb M. Baldwin, Plaintiff. vs. Philip G. Ferguson & James L. Fancett, Defendants.**
Judgment. Now at this day come again the parties aforesaid by their respective attorneys and the Jury seven and empannelled herein also come, and the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of One dollar, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
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**Viewer Page 312** (rcdbook1855_25_0311.jpg)
> Handwritten Page Number on Record Book: 304
**October Term 1855. Friday February 8th 1856.**
The Court met pursuant to adjournment, Present as before.
**Eliza M. Perry, et. al. Plaintiffs. vs. Mason Frissell, et. al. Defendants.**
Consent of E. M. Perry, M. H. Broune & G. J. Broune under protest, to the distribution of money in hands of C. D. Drake as prayed, withdrawn; and now at this day comes Charles D. Drake, Commissioner in this cause, and upon his motion, the Court doth order said [tract ?] Drake to pay out of the moneys in his hands, as stated in his third Report herein, to the several parties in interest, the amounts stated therein to be due to them, as follows, to wit: To Eliza M. Perry fourteen thousand four hundred and sixteen dollars and ninety eight cents; to Angeline C. Bredell, Rachel E. Dunklin, Samuel M. Perry, William M. Small, Alfred Chadwick, and Eliza M. Wiatt, each, sixteen hundred and one dollars and eighty eight cents; to Sarah Ann Perry, fourteen hundred and seventy six dollars and ninety nine cents; to John P. Mc. Guire, four hundred and ten dollars and twenty two cents; to Mason Frissell, seven hundred and seventy five dollars and seventy eight cents; to William E. Browne, five hundred and thirty three dollars and ninety seven cents; to Joseph J. Browne and Robert H. Broune, each, five hundred and thirty three dollars and ninety six cents; to David E. Perryman and Israel Mc. Gready, each, two hundred and seventy dollars and forty two cents; to William Hays, one hundred and ninety one dollars and thirty six cents; and to Stephen J. Dunklin, twenty three dollars and ninety three cents: and the question of the confirmation or disapproval of the report of said Charles D. Drake is reserved until the coming in of testimony to be taken by both parties or due notice to each other.
**Lounzo Braun, et. al. Plaintiffs. vs. Napolean B. Franklin, Defendant.**
The Court having duly heard and considered the motion for arrest of judgment, and the motion for a new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motions be overruled. Bill of Exceptions filed.
**John Schilling, Plaintiff. vs. Anna C. Speck, Defendant.**
The Court having duly heard and considered the motion to set aside the judgment and grant a new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
**Cornelius D. Sullivan, et. al. Plaintiffs. vs. Robert Mc. O'Blenis, Defendant.**
The Court having duly heard and considered the motion for a new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
**Samuel Jacob, Plaintiff. vs. James H. Mc. Lean, Defendant.**
The Court having duly heard and considered to he motion to set aside the judgment herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled. Affidavit filed.
**Asa Vail, Plaintiff. vs. Alfred Potts, et. al. Defendants.**
On Plea in Abatement.
The Court having duly heard and considered the motion for arrest of judgment herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained.
**John Levis, Assignee &c. Plaintiff. vs. Henry L. Levis' Admr, Defendant.**
The Court having duly heard and consider the motion for a Review herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
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**Viewer Page 313** (rcdbook1855_25_0312.jpg)
> Handwritten Page Number on Record Book: 305
**October Term 1855. Saturday February 9th 1856.**
The Court met pursuant to adjournment, Present as before.
**Charles Mueller's Admr. Plaintiff. vs. Frederick Mueller, Defendant.**
Answer filed.
**Orsen Joursley, et. al. Plaintiffs. vs. Francis Saler, et. al. Defendants.**
The Court having duly heard and considered the motion to strike out parts of the second Amended Petition herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled. Twenty days time given defendants to answer.
**Charles G. Craustin, Plaintiff. vs. Ferdinand Stange, et. al. Defendants.**
The Court having duly heard and considered the motion to strike out parts of the Amended Petition herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be sustained as to the following matter "are contained in the lines one (1) to line eighteen (18) as marked on the margin of the petition in page three", and as to the following matter contained on page four of laid petition, viz: Defendants also neglected to Keep said Steam Boat and other things necessary for the prosecution of said work as aforesaid in repair," and the Court having also duly heard and considered the motion to dismiss as to the defendant Francis Saler, and being fully advised of and concerning the premises, doth consider and adjudge that the said motion be overruled. Twenty days time given defendants to answer.
**The Bank of the State of Missouri, Plaintiff. vs. Morden P. Penn & Richard Philips, Defendants.**
The Court having duly heard and considered the seperate Demurrers of the defendants aforesaid to the amended petition herein, and being fully advised of and concerning the premises, doth consider and adjudge that said Demurrers be sustained.
**Samuel Gaty, et. al. Plaintiffs. vs. The Steam Boat "Reindeer." Defendant.**
The Court having duly heard and considered the motion for a new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
**Samuel Gaty, et. al. Plaintiffs. vs. The Steam Boat "Minchester" Defendant.**
The Court having duly heard and considered the motion for a new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
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**Viewer Page 314** (rcdbook1855_25_0313.jpg)
> Handwritten Page Number on Record Book: 306
**October Term 1855. Monday February 11th 1856.**
The Court met pursuant to adjoinment, Present as before.
Richard Newnes, a native of England, who applies to be 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 naturilization of foreigners, and he declaring here, in Open Court, upon vath, that he will support the Constitution of the United States, and that he doth entirely and absolutely, renounce and adjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty, whatsoever and particularly to the Queen of Great Britian and Ireland of whom he is at present a subject, therefore the said Richard Newnes is admitted a Citizen of the United States of America.
**Francis P. Blair Jr, Plaintiff. vs. Dennis Marks, et. al. Defendants.**
The Court having duly heard and considered the motion for a new trial herein and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
**In the matter of the assignment of James H. & Caroline P. Mackey.**
Rodney G. Perley and Harrey M. Smith, to whom James H. & Caroline P. Mackey assigned all their property and effects, file an Inventery of such property and effects, and on motion of said assignees, it is ordered by the Court that John C. Sproull and Daniel P. Nordman be appointed to appraise said property and effects so as aforesaid assigned.
**The Bank of the State of Missouri, Plaintiff. vs. Morden P. Penn & Richard Philips, Defendants.**
Now at this day comes the plaintiff by its attorney and dismisses this suit as to the defendant Richard Philips, and on motion of said plaintiff by its Attorney, ten days time is given it to file an Amended Petition herein.
**George R. Douning, George R. Douning Jr, & William A. Collins, Plaintiffs. vs. Pierre Bourlier, Defendant.**
Judgment.
Now at this day come said plaintiffs by their attorney, defendant comes not, and thereupon comes also a Jury, viz: Charles Bray, William B. Simmes, Wiliam Costen, William Mittenbruck, George Fox, J. Vaunosdell, James Mf. Means, James Reed, Joseph Mounpars, Mathew Hughes, Louis Jesson & August Didier, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being concluded, the Jury aforesaid upon their oaths aforesaid find for the plaintiffs in the sum of three thousand and thirty one dollars and eighty seven cents, damages. It is therefore considered and adjudged by the Court that said plaintiffs recoverof said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
Marans Alliston, a free woman of color, whose identity is proven to the satisfaction of the Court by the testimony of Henry S. Hars & Bernandins Flerez, two credible witnesses, comes into Open Court and acknowledges the execution by her of a Deed of Emancipation to a negro woman named Adele Alliston about the age of twenty eight years also her three children named George about the age of nine years, Lounzs about the age of six years and an infant aged about six months named Blanche.
**Thomas Harney Administrator of Milton Duty, deceased.**
Appeal on Probate of Will. Dismissal.
And now come the said parties by their respective Attorneys, and on motion of the attorney for the Appellee, it is ordered by the Court that the appear herein be dismissed as the costs of the appellant Thomas Harney.
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**Viewer Page 315** (rcdbook1855_25_0314.jpg)
> Handwritten Page Number on Record Book: 307
**October Term 1855. Monday February 11th 1856.**
**William Heliveg. Trustee of John Robeling, Plaintiff. vs. Frederick Heitcamp, Defedant.**
Judgment.
Now at this day comes said plaintiff by his Attorney, defendant comes not, and waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff has sustained damage by reason of the premises set out in his petition in the sum of Two hundred and forty six dollars. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Nathaniel Childs Jr, Plaintiff. vs. John C. Porter, Administrator of William S. Mc. Kee, Defendant.**
Appeal.
The appellant having failed to presecute his appeal in the above entitled cause concerding to law, now on motion of the appellee Nathaniel Childs Jr, who presents here to the Court an exemplesied transcrips of the record and proceedings of the Probate Court of St. Louis County, and pays the Jury fee herein, the Judgment of the said Probate Court is affirmed at the costs of the said appellant.
**Caleb W. Baldwin, Plaintiff. vs. Philip G. Ferguson, et. al. Defendants.**
Motion for new trial filed.
**James M. Lyon & Anna Maria Lyon his wife, Plaintiffs. vs. Daniel D. Page, Peter L. Vandeventer, Peter Lindell, Robert Mash & Eliza his wife, Clay Taylor, Edmenia Taylor, Paschal Tourie, Julie N. Moore and William Millurn, William Glasgon Jr, & William C. Taylor, School Commissioners of Fractional Section Number 16. Township 45. North Range 7 East. Defendants.**
Dismissal.
Now at this day this cause being called for trial and no one appearing to presecute the same, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Edward E. Archer, Plaintiff. vs. Andren Mc. Mechan & William Ballentine, Defendants.**
Continued as on affidavit at costs of defendants.
**The State of Missouri to the use of Henry Chouteau guardian of Philomena Smith, Plaintiff. vs. Marshall Brotherton Executor of Rene Paul, Defendant.**
Now at this day comes the Attorney for the plaintiff and suggests to the Court that since the last proceedings herein, the said Henry Chouteau has departed this life, whereupon by consent of parties Clemence G. Chouteau, who is now guardian of Philomena Smith by appointment of the St Louis Probate Court, is substituted in place of said Henry Chouteau, deceased, as party plaintiff herein.
**The State of Missouri to the use of Clemence G. Chouteau Guardian of Philomena Smith, Plaintiff. vs. Marshall Brotherton Executor of Rene Paul, Defendant.**
Appeal.
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon comes also a Jury, viz: Charles Bray, William B. Simmes, William Wittenbruck, J Vannosdell, James Mc. Means, James Reed, Joseph Mornpars, Matthew Hughes, Louis Tesson, August Didier, Samuel Gamache, & James Thomas, twelve good and lawful men, who being duly elected, tried and seven, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed, and the evidence being concluded, the parties withdraw the Jury seven herein as aforesaid, and submit this cause to the Court upon the pleadings and proofs, and the Court having heard the same takes time to consider thereof.
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**Viewer Page 316** (rcdbook1855_25_0315.jpg)
> Handwritten Page Number on Record Book: 308
**October Term 1855. Tuesday February 12th 1856.**
The Court met pursuant to adjournment, Present as before.
**Peter B. Garesche Public Administrator of the County of St. Louis who administers the estate of Joseph F. Pollack, Plaintiff. vs. Dominic J. Childs, Nathaniel Childs Jr, & Lewis F. Lacy, Defendants.**
Dismissal.
On motion of the plaintiff by his Attorney, it is ordered by the Court that this cause be dismissed as the costs of said plaintiff.
**James M. Lyon, et. al. Plaintiffs. vs. Daniel D. Page, et. al. Defendants.**
Motion to set aside order of dismissal filed.
**Chester C. Ford, Plaintiff. vs. Deminic J. Childs, Nathaniel Childs Jr, James B. Ricords & John C. Ivory. Defendants.**
Judgment.
Now at this day comes again said plaintiff by his Attorney and dimissess this suit as to the defendants Dominic J. Childs and Nathaniel Childs Jr, and waiving a Jury submits this cause to the Court as to the defendants James B. Ricords & John C. Ivory, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Six hundred and fifty dollars and forty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Francis P. Blair Jr, Plaintiff. vs. Dennis Marks, et. al. Defendants.**
Until Tuesday next given defendants to file Bill of Exceptions.
**John Schilling, Plaintiff. vs. Anna C. Speck, Defendant.**
By consent of parties it is ordered by the Court that order heretofore entered herein overruling the motion for a new trial herein be and the same is hereby rescended, and that said motion be sustained and new trial herein be had as the next term of this Court, and this cause is continued as the costs of the defendant.
**The Bank of the State of Missouri, Plaintiff. vs. Worden P. Penn, Defendant.**
Second Amended Petition filed.
**The Bank of the State of Missouri, Plaintiff. vs. John M. Krum, et. al. Garneshees of W. P. Penn, Defendants.**
Allegations & Interrogatories filed.
**The State of Missouri, Plaintiff. vs. Archibald Carr, et. al. Defendants.**
Continued by consent.
**The State of Missouri to the use of Clemence G. Chouteau Guardian of Philomena Smith, Plaintiff. vs. Marshall Brotherton Executer of Rene Paul, deceased, Defendant.**
Appeal. Judgment.
Now at this day come again the parties aforesaid by their respective Attorneys, and the Court being now fully advised of and concerning the premises herein, doth find the issues herein joined in farm of the plaintiff and doth assess its damages at the sum of Four thousand eight hundred and thirty dollars: It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also its costs and charges herein expended, and doth order that this cause be certified to the St. Louis Probate Court to be proceeded in according to the statute in such cases made and provided. Finding of the Court filed.
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**Viewer Page 317** (rcdbook1855_25_0316.jpg)
> Handwritten Page Number on Record Book: 309
**October Term 1855. Wednesday February 13th 1856.**
The Court met pursuant to adjournment, Present as before.
**The Bank of the State of Missouri, Plaintiff. vs. Worden P. Penn, Defendant.**
Twenty days given defendant to answer to second amended petition herein.
**John Tevis, Assignee &c. Plaintiff. vs. Henry L. Tevis' Admr. Defendant.**
Bill of Exceptions filed, and on motion of said plaintiff by his attorney an appeal is granted him from the judgment herein to the Supreme Court of this State, whereupon the said plaintiff files a Bond with W. D. Strong and George P. Strong as securities, conditioned according to law, for such appeal, and which Bond is approved by the Court.
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**Viewer Page 318** (rcdbook1855_25_0317.jpg)
> Handwritten Page Number on Record Book: 310
**October Term 1855. Thursday February 14th 1856.**
The Court met pursuant to adjournment, Present as before.
**John S. Mc. Cune, et. al. Plaintiffs. vs. Joseph S. Hull, et. al. Defendants.**
By consent at parties, it is ordered by the Court, that this cause be referred to Chester Harding Jr, as a Commissioner, to take and state an account between the parties aforesaid, and that he make report of his proceedings herein to this Court with all convenient speed.
**Casper Budde's Admr. Plaintiff. vs. Thomas Allen, Defendant.**
Continued by consent.
**William D. Houghtaling, Plaintiff. vs. Sylvester W. Ball, et. al. Defendants.**
Continued by consent.
**Henry Hamilton, Plaintiff. vs. Peter B. Garesche Administrator**
Judgment, on Appeal.
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: Charles Bray, William B. Simmes, William [Wittenbwek ?], J. Vannosdell, James Mc. Means, James Reed, Joseph Mornpars, Matthew Hughes, Louis Jefson, August Didier, Samuel Gamache and James Thomas, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid, find for the plaintiff in the sum of Eleven hundred and sixty seven dollars, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended, and doth order that this cause be certified to the St. Louis Probate Court to be proceeded in according to the statute in such cases made and provided. Motion for new trial filed.
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**Viewer Page 319** (rcdbook1855_25_0318.jpg)
> Handwritten Page Number on Record Book: 311
**October Term 1855. Friday February 15th 1856.**
The Court met pursuant to adjournment, Present as before.
**Joseph R. Wendiver, Plaintiff. vs. Isaac J. Wise, Defendant.**
The Court having duly heard and considered the motion to strike out parts of the Amended Answer herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained.
Joseph L. Papin, who is personally known to the Court, comes into Open Court, and acknowledges the execution by him of a Deed of Emancipation to a negro slave named Ben Stevens, who is mullats colored and aged about forty years.
**Rufus K. Sanders, Plaintiff. vs. Charles J. Carpenter, Defendant.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing duly verified by affidavit, whereby he confessed himself indebted to said plaintiff in the sum of Sixteen hundred and three dollars and eighty five cents and consents that judgment be undered against him for said sum. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed and also his costs and charges herein expended and have thereof execution.
**Caleb W. Baldwin, Plaintiff. vs. Philip G. Ferguson, et. al. Defendants.**
Now at this day comes said plaintiff by his Attorney and withdraws his motion for a new trial filed herein.
**Fred W. Ingle, Plaintiff. vs. Christopher Ludloff, et. al. Defendants.**
Bill of Exceptions filed.
**St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. Widow and heirs of Joseph Geuin, Defendants.**
Motion to dismiss for want of presecution filed.
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**Viewer Page 320** (rcdbook1855_25_0319.jpg)
> Handwritten Page Number on Record Book: 312
**October Term 1855. Monday February 18th 1856.**
The Court met pursuant of adjournment, Present as before.
P. A. Berthold & Alex. J. P. Garesche, two credible witnesses, come into Open Court and prove to the satisfaction of the Court, the execution by Jullia Berthold of a Deed of Emancipation to amulatto girl named Josephine, aged a about sixteen years, and marked by a very large white scan just behind the right ear = her color being that of a light mulatto.
P. A. Berthold & Alex. J. P. Garesche, two credible witnesses, come into Open Court and prove to the satisfaction of the Court the execution by Pelagie Berthold of two several deed of Emancipation, One to her slave Caroline, aged about fifty six years, having very large lips and in color very black the other to a negro girl names Louise aged about thirty nine years, and also her two children. "Clemintine" a little girl aged about two years, and Charles, aged about two months. The said Louise is marked with a scan from a burn on her right hand = a scan on her left hand and another round scan on top of her left arm, midway between wrist & elbow. her color is a dark black.
Hugh King, Edward Doyle, Edward Sullivan, & Patrick Doyle, natives of Ireland, and John Henry Trolicht, a native of Prussid, who apply to be citizens of the United States, come and prove to the satisfaction of the Court, that they have resided on the United States for as least five years, and in the State of missouri at least one year, immediately proceding this application, during which time they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United States concerning the naturilization of foreigners, and they declaring here, in Open Court, upon oath, that they will support the Constitution of the United States, and that they do entirely and absolutely renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly the said Hugh King, Edward Doyle, Edward Sullivan & Patrick Doyle to the Queen of Great Britian & Ireland, of whom they are at present subjects, and the said John Henry Trolicht to the King of Prufsia of whom he is as present a subject, therefore the said Hugh King, Edward Doyle, Edward Sullivan, Patrick Doyle & John Henry Trolicht are admitted citizens of the United States of America.
Gerhard Heinrich Stockhoe, a native of Germany aged twenty one years, who applies to be admitted a Citizen of the United States, comes and proves to the satisfaction of the Court, by the testimony of John F. Grove & George Fiedelday, two credible witnesses, Citizens of the United States, that he arrived in the United States, a minor, under the age of eighteen years, that he has resided in the United States at least five years, including the years of his minority, 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 said applicant declaring here, in Open Court, upon oath, that for three years last past, it has been, bona side, his intention to become a Citizen of the United States, and he declaring also 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 Sovereginty, whatsoever, and particularly to the King of Hanover of whom he is as present a subject, therefore the said Gerhard Heinrich Stockhoe is admitted a Citizen of the United States of America.
**In the matter of the assignment of James H. & Caroline P. Mackey.**
Appraisement filed.
**Henry Hamilton, Plaintiff. vs. Joseph P. Scull's Admr. Defendant.**
The Court having duly heard and considered the motion for a new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that the said motion be overruled.
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**Viewer Page 321** (rcdbook1855_25_0320.jpg)
> Handwritten Page Number on Record Book: 313
**October Term 1855. Friday February 18th 1856.**
**Jacob Fackler, Plaintiff. vs. Henry Fackler's Admr. Defendants.**
Demurrer to defendants Rejoinder to plaintiffs additional Replication to defedants 5th Plea, filed.
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**Viewer Page 322** (rcdbook1855_25_0321.jpg)
> Handwritten Page Number on Record Book: 314
**October Term 1855. Tuesday February 19th 1856.**
The Court met pursuant to adjournment, Present as before.
**Thernton Kinney, (of Color) Plaintiff. vs. John T. Hatcher, et. al. Defendants.**
Motion to set aside order of dismissal and to reinstate cause filed.
**Francis P. Blair, Jr. Plaintiff. vs. Dennis Marks, et. al. Defendants.**
Bill of Exceptions filed.
**James M. Lyon, et. al. Plaintiffs. vs. Daniel D. Page, et. al. Defendants.**
The Court having duly heard and considered the motion to set aside the order of dismissal herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained at the costs of the plaintiffs and that execution issue therefor, and this cause is continued until the next term of this Court.
**Marris B. Mann, et. al. Plaintiffs. vs. Jacob Benjamin, Defendant.**
By consent of partiess, the motion by Sheriff, Plaintiff and security to set aside order declaring indemnification Bond insufficient and requiring further and additional bond, is continued until the next term of this Court, with leave to both parties to produce evidence as to the value of the property levied on, on the hearing of said motion.
**John M. Pratt & John Hardenbergh, Plaintiffs. vs. George B. Michael, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: Charles Devlin, John M. Triplett, Louis Kefeler, Christopher Cockril, John B. Vein, Patrick Lonergan, A. Tayon, J. P. White, Jacob Caswell, G. B. Judd, William Robertson, & F. H. Luttercourt, twelve good and lawful men, who being duly elected, tried and sevorn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiffs in the sum of nine hundred and twenty five dollars, damages. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid inform aforesaid as for end and also their costs and charges herein expended and have thereof execution.
**The State of Missouri, Plaintiff. vs. Wilson C. Baker, Defendant.**
Indictment for Assault with intent to kill.
Now at this day comes the Circuit Attorney who prosecutes for the State, also comes the defendant in his proper person, and also comes his Counsel, and thereupon the Court proceeds to the examination of Venire men from the regular panel of this Court, as to their competency as Jurers, when William Long, Richard Tumilty, Alvin Wess, Baptiste Aubuchon, William Wasson, and Jacob Lash, good and lawful men, were duly elected, tried and severn, well and truly to try the traverse between the parties, plaintiff and defendant aforesaid, and a true deliverance make according to the law and evidence, and the panel being exhausted without the selection thereform of a Jury, it is ordered by the Court that the Sheriff of St. Louis County summon thirty six good and lawful men to appear before this Court on to-morrow morning at ten o'clock, out of whom to complete the empanneling of a Jury herein, and further proceedings herein are continued until to-morrow morning.
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**Viewer Page 323** (rcdbook1855_25_0322.jpg)
> Handwritten Page Number on Record Book: 315
**October Term 1855. Wednesday February 20th 1856.**
The Court met pursuant to adjournment, Present as before.
Stephen M. Edgell, who is presonally known to the Court, comes into Open Court and acknowledges the execution by him of a Deed of Emancipation to a certain slave woman called Sarah, being a mulatto of light compleain, short stature and about thirty years of age.
**Stephen J. Dunkin, et. al. In Partition.**
Now at this day comes Charles D. Deake the Commissioner appointed herein and files his Report as such Commissioner, and on motion of the said Commissioner, the Court approves and confirms the Report of the said Charles D. Drake, Commissioner herein, and order said Drake to pay out of the moneys in his hands, as stated in said Report, to the Several parties in interest, the amounts stated therein to be due to them as follows, to wit: Eliza M. Perry One hundred and fifty seven dollars and thirty nine cents, Angeline C. Bredell, Seventeen dollars and forty nine cents, Rachel E. Dunklin, Seventeen dollars and forty nine cents; John P. Mc. Guire, Seventen dollars and forty nine cents; Sarah Ann Perry, Seventeen dollars and forty nine cents; Eliza M. Wiatt, Seventeen dollars and forty nine cents; Samuel N. Perry, Seventeen dollars and forty nine cents; Alfred Chadwick, Seventeen dollars and forty eight cents; William M. Small, Seventeen dollars and forty eight cents; William E. Broune, Five dollars and eighty three cents; Joseph J. Broune, Five dollars and eighty three cents; Robert H. Broune, Five dollars and eighty three cents.
**Edward Bredell, et. al. In Partition.**
Now at this day comes Charles D. Deake the Commissioner appointed herein and files his Report as such Commissioner, and on motion of the said Commissioner, the Court approves and confirms the Report of the said Charles D. Drake, Commissioner herein, and orders said Drake to pay out of the moneys in his hands, as stated in said Report, to the several parties in interest, the amounts stated therein to be due to them as follows, to wit: Samuel Pearshall, Twenty three dollars and eighty cents; Eliza M. Perry, Two hundred and ninety five dollars and fourteen cents; Angeline C. Bredell, Thirty two dollars and seventy nine cents; Rachel E. Dunklin, Thirty two dollars and seventy nine cents; John P. M. Guire, Thirty two dollars and seventy nine cents; Sarah Ann Perry, Thirty two dollars and seventy nine cents; Eliza M. Wiatt, Thirty two dollars and seventy nine cents; Samuel N. Perry, Thirty two dollars and seventy nine cents; Alfrid Chadwick, Thirty two dollars and seventy nine cents; William M. Small, Thirty two dollars and seventy nine cents; William E. Broune, Ten dollars and ninety four cents; Joseph J. Broune, Ten dollars and ninety four cents; Robert H. Broune, Ten dollars and ninety four cents.
**Henry Hamilton, Plaintiff. vs. Joseph P. Scull's Admr. Defendant.**
Bill of Exceptions filed.
**The State of Missouri, Plaintiff. vs. Wilson C. Baker, Defendant.**
Indictment for assault with intent to Kill.
Now at this day comes again the Circuit Attorney who prosecutes for the State, also comes the defendant in his proper person, and also comes his counsel, and thereupon the Court proceeds to the examination of Venire men from the special panel summened herein, when William Heeps, Merris Heeps, Drew Underwood, William Maunder, Stephen D. Morgan, and Jesse Angel, good and lawful men, [who ?] were duly elected, tried and severn, well and truly to try the traverse between the parties, plaintiff and defendant, aforesaid and a true deliverance make according to the law and evidence, making in all twelve good and lawful Jurors, whereupon the trial of this cause progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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**Viewer Page 324** (rcdbook1855_25_0323.jpg)
> Handwritten Page Number on Record Book: 316
**October Term 1855. Thursday February 21st 1856.**
The Court met pursuant to adjournment, Present as before.
**In the matter of Anton Weismann.**
Substitution of Trustee.
It appearing to the satisfaction of the Court from the statement of Union Weismann duly verified by affidavit, that Reuben Bartlett, Trustee of a certain deed of trust, duly executed and recorded in the Recorder's Office of St. Louis County in Book 164 page 138, has removed from this State without having completed the performance of the duties imposed on him by said deed of trust. It is therefore ordered that Turner Maddox, Sheriff of the County of St. Louis, be and he is hereby substituted and appointed trustee in the place of the said Reuben Bartlett, with like trusts and powers, according to the statute in such cases made and provided.
**In the matter of Henry Kuhlman.**
Substitution of Trustee.
It appearing to the satisfaction of the Court from the statement of Henry Kuhlman duly verified by affidavit, that Frederick Wentz. Trustee of a certain deed of trust, duly executed and recorded in the Recorders Office of St. Louis County in Book 157 page 483, has departed this life without having completed the performance of the duties imposed on him by said deed of trust. It is therefore ordered that Turner Maddox, Sheriff of the County of St. Louis, be and he is hereby substituted and appointed trustee in the place of the said Frederick Wentz, with like trusts and powers, according the statute in such cases made and provided.
Samuel J. Morris, & Patrick M. Cabe natives of Ireland, who apply to be [a ?] citizens of the United States, come and prove to the satisfaction of the Court, that they have resided in the United States for at least five years, and in the State of Missouri at least one year, immediately proceding this application, during which time they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United States, concerning the naturilization of foreigners, and they declaring here in Open Court, upon oath, that they well support the Constitution of the United States, and that they do entirely and absolutely, renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly to the Queen of Great Britian and Ireland, of whom they are at present subjects therefore the said Samuel J. Morris, and Patrick Mc. Cabe are admitted Citizens of the United States of America.
**Thomas L. Salisbury, Plaintiff. vs. Edward Wyman & Sanford B. Kellogg, Defendants.**
Default vs. Wyman.
Now at this day comes said plaintiff by his attorney, but said defend. ant Edward Wyman although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by his Attorney it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed.
**Charles K. Dickson & Thomas J. Gantt, Plaintiffs. vs. Peter B. Garesche Admr. of Jacques Desire. Defendant.**
Appeal.
And now the said parties by their respective Attorneys, and waiving a Jury, submit this cause to the Court upon the case stated and filed herein; and the Court having duly heard and considered the same and the arguments of counsel, doth decide that the said plaintiffs are not entitled to recover in this suit against the said defendant: It is therefore considered and adjudged by the Court that said plaintiffs take nothing by their said suit in this behalf, but that said defendant[s ?] go thereof without day and recover of said plaintiffs his costs and charges herein expended, and doth order that this cause be certified to the St. Louis Probate Court to be proceeded in according to the statute in such cases made and provided. Bill of Exceptions filed.
**John O' F. Farrar &c. Trustees, Plaintiffs. vs. Samuel Ruland, et. al. Defendants.**
Bill of Exceptions filed.
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**Viewer Page 325** (rcdbook1855_25_0324.jpg)
> Handwritten Page Number on Record Book: 317
**October Term 1855. Thursday February 21st 1856.**
**Samuel Jacob, Plaintiff. vs. James H. Mc. Lean, Defendant.**
Bill of Exceptions filed.
**The State of Missouri, Plaintiff. vs. William E. Thorne, Defendant.**
Indictment for assault with intent to commit Sodemy.
Now at this day comes the Circuit Attorney who prosecutes for the State, and by leave of Court, says, he will not further prosecute the said indictment against the said defendant, but voluntarily discontinues the same: it is therefore ordered by the Court that said defendant be discharged there from and go hence without day.
**The State of Missouri, Plaintiff. vs. Wilson C. Baker, Defendant.**
Indictment for assault with intent to Kill.
Now at this day comes again the Circuit Attorney who prosecutes for the State, also comes the defendant in his proper person and also comes his counsel, and also come the Jury severn and empannelled herein, and thereupon the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid find the defendant quilty as charged in the third count of the indictment and assess the punishment as imprisonment for three years in the penetentiary; whereupon the defendant by his counsel files his motion for a new trial herein, and the Court having duly heard and considered the same and being fully advised of and concerning the promises, doth consider and adjudge that said motion be overruled; whereupon the defendant by his counsel files his motion in arrest of judgment herein, and the Court having duly heard and considered the same and being fully advised of and concerning the promises, doth consider and adjudge that said motion be overruled; whereupon it is consider by the Court that the said defendant for his offence of wounding, dissigusing and endagering life, as found by the Jury, be imprisoned in the penetentiary of this State for the term of three years, that he pay the costs of this prosecution and stand committed until this sentence be complied with, and thereupon the defendant by his counsel moves the Court to grant him an appeal to the Supreme Court from the judgment undered herein, which is done; and the Court being of Opinion that there is probable cause for such appeal and so much [and an much ?] doubt as to under it expedient to take the judgment of the Supreme Court thereon, doth order that said appeal shall operate as a stay of proceedings on the judgment herein, and thereupon the defendant by his counsel moves the Court to be les to bail, and the Court having duly heard and considered the same, doth consider that said motion be sustained, and thereupon Wilson C. Baker as principal and Walter C. Carr and John W. Luke as his securities, here in Open Court, each acknowledge themselves to one the State of Missouri the sum of Five thousand dollars, to be levied of their respective goods and chattels, land and tenements. Yes upon condition that is the said Wilson C. Baker shall personally appear in the Supreme Court of this State on the first day of the not term thereof to be held in the City of St. Louis on the third monday of march not to receive judgment on his appeal herein and not depart said Supreme Court without leave thereof and shall also appear in this Court as such time and place as said Supreme Court shall direct and shall under himself in execution and obey every order and judgment which shall be made in the promises by said Supreme Court, then this Recvegnizance to be void else of full face.
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**Viewer Page 326** (rcdbook1855_25_0325.jpg)
> Handwritten Page Number on Record Book: 318
**October Term 1855. Saturday February 23rd 1856.**
The Court met pursuant to adjournment, Present as before.
**John Lay, et. al. Plaintiffs. vs. Henry Watton's Exrs., et. al. Defendants.**
On motion of the plaintiffs by their Attorney, it is ordered by the Court that a Seire facias issue herein, returnable to the next term of this Court, against William H, Robert R, Samuel, Loranda, Elmira, Charlotte, and Russell Sparks, Representatives of John Sparks, deceased.
**John Lay, et. al. Plaintiffs. vs. Robert Street, et. al. Defendants.**
On motion of the plaintiffs by their Attorney, it is ordered by the Court that a Seire facias issue herein, returnable to the next term of this Court, against William H, Robert R, Samuel, Loranda, Elmira, Charlotte, and Russell Sparks, Representatives of John Sparks, deceased.
**Anthony Bennett, Plaintiff. vs. Philip S. Lanham, Administrator of Francis T. Belt, deceased. Defendant.**
Appeal.
And now come said parties by their respective Attorneys, and by consent of the parties and on motion of said plaintiff, it is ordered and adudged by the Court that the judgment herein rendered by the Probate Court of St. Louis County, be and the same is accordingly hereby affirmed, and the Court doth order that the said plaintiff recover of said defendant his costs of suit, and doth order that this cause be certified to the St. Louis Probate Court to be proceeded in according to the statute in such cases made and provided.
**Sanguinette H. Benerst & Patrick H. Donnelly, Plaintiffs. vs. Lamar E. Suber, Defendant.**
Judgment.
And now comes the Chamber of Commerce of the City of St. Louis, to whom this cause was referred for arbitration between the parties, and file their award herein, which it appears that there is due and owing by the defendant to the plaintiffs the sum of One hundred and fifty dollars. And now on motion of the Attorney for the plaintiffs and in pursuance of the terms of the said reference, it is considered and adjudged by the Court that the said plaintiffs recover of the said defendant the said sum of One hundred and fifty dollars and their costs and charges herein expended and have thereof execution.
**John Largy, Plaintiff. vs. Honore Tanguay & Henry C. Lynch, Defendants.**
Satisfaction.
Now at this day comes said plaintiff by his Attorney, and acknowledges to have received full and entire satisfaction of the judgment heretofore, viz: on the 20th day of April 1854, rendered herein.
**Frederick Meyer, Moritz Meyer & Manning R. Roll, Plaintiffs. vs. George W. Fisher & James Jones, Defendants.**
Order of Replevin.
Now at this day come said plaintiffs by their Attorney and file their petition herein, duly verified by affadavit, claiming the prossession of certain personal property therein described, wherupon on motion of said plaintiffs by their Attorney, it is ordered by the Court that said defendants deliver the property specified in the petition herein to the Sheriff of St. Louis County, and said Sheriff is hereby directed if said property be not delivered to him to take it from the defendants and deliver it to the said plaintiffs.
John N. Pilcher, a native of England, who applies to be 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, [and he ?] concerning the naturilization 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 the Queen of Great Britian and Ireland of whom he is as present a subject, therefore the said John W. Pitcher is admitted a Citizen of the United States of America.
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**Viewer Page 327** (rcdbook1855_25_0326.jpg)
> Handwritten Page Number on Record Book: 319
**October Term 1855. Saturday February 23d 1856.**
**In the matter of the assignment of Daniel H. Denovan.**
Report of Commissioner to audit Assignees Accounts filed.
**Henry Von Phul, et. al. Plaintiffs. vs. James M. Mc. Faddin, et. al. garnishees of Edward Mathews, Defendants.**
Answer of garnishees filed.
**Henry Hamilton, Plaintiff. vs. Joseph P. Seull's Admr. Defendant.**
On motion of the defendant an appeal is granted him from the judgment herein to the Supreme Court of this State.
**Francis P. Blair Jr, Plaintiff. vs. Dennis Marks, et. al. Defendants.**
The Court allows William A. Seay the sum of Forty dollars, for his services as Reporter on the trial of this cause, to be taxed as costs herein.
**Frederick Spies & William Neer, Plaintiffs. vs. John Renz, Defendant.**
Answer filed by consent, and by consent of parties it is ordered by the Court that this cause be referred to Melvin L. Gray, to hear and decide the whole of the issues herein.
**The state of Missouri, Plaintiff. vs. Wilson C. Baker, Defendant.**
Bill of Exceptions filed.
**Aluis Mudd, et. al. Plaintiffs. vs. Paul P. Patchin, Defendant.**
Bill of Exceptions filed.
The Court audits and allows an account of Turner Maddox Sheriff of St. Louis County, amounting to Two hundred and twenty dollars and seventy cents, for his attendance on the Court, and for stationery furnished for the use of the Court during its present term, and orders that said account be certified to the County Court for payment.
**Peter L. Van Deventer, Henry B. Vandeventer, Thomas Stringer, George S. Drake, & Sarah F. Howarth, Plaintiffs. vs. Edwin M. Ryland & Peter B. Garesche, Administrator of James F. Howarth, deceased. Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and waiving a Jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth consider and adjudge that the said defendant Edwin M. Ryland out of the moneys in his hands retain the debt of said James F. Howarth deceased, to E. M. Ryland & Co. amounting to the sum of Eleven hundred and ninety two dollars and thirty one cents, and also that he pay and discharge to the said Peter L. Vandeventer, Henry B. Vandeventer, and Thomas Stringer theor debt against said Howarth, amounting to the sum of Thirteen hundred and seventy four dollars and ninety one cents; and also that he pay and discharge to George S. Drake his debt against said Howarth amounting to Ten hundred and ninety four dollars and fifty three cents; and that he pay to the said [to ?] Sarah F. Howarth widow of said James F. Howarth, deceased, the balance of said money amounting to the sum of Four thousand three hundred and thirty eight dollars and twenty five cents; and that said parties plaintiff, have execution for the several sums awarded to them, and the Court further orders that said Sarah F. Howarth pay the costs of this suit to be deducted out of the above sum awarded to her. Finding of the Court filed.
**Antoine Tison, Plaintiff. vs. Francois Tison, Defendant.**
Dismissal.
On motion of the plaintiff by his Attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
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> Handwritten Page Number on Record Book: 320
**March Term 1856. Monday March 10th 1856.**
**State of Missouri vs. County of St. Louis.**
Be it remembered that at a term of the St. Louis Circuit Court, begun and held at the City of St. Louis within and for the County of St. Louis, and State of Missouri, in the second monday being the tenth day of March in the year of our Lord One thousand eight hundred and fifty six, were present, the Honorable Alexander Hamilton, Judge, Turner Maddox Esquire, Sheriff of St. Louis County, and William J. Hammond, Clerk.
**Green Tausley, et. al. Plaintiffs. vs. Francis Saler, et. al. Defendants.**
Answer filed.
**Charles G. Crauston, Plaintiff. vs. Ferdinand Stange, et. al. Defendants.**
On motion of the defendants by their Attorney, two days additional time is given them to answer herein.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, et. al. Defendants.**
It is agreed by the parties herein that John Stacker, William Bates, Joseph Wolfe, Edwin R. Mason, Edward Walsh, Administrator of Charles Collins, deceased, Murray Mc. Connel and Virginia Rayburn, had ceased to be parties prior to the filing of the amended petition herein; and the cause shall be treated as if the proper entry in that behalf had been made on the record at the proper time. Leave to withdraw answer and motion to strike out portions of petition filed. And now come the said parties by their respective Attorneys and by leave of the Court and consent of the plaintiff [with ?] the defendants withdraw their answer filed in this cause in the St. Louis Court of Common Pleas, and thereupon move the Court to strike out certain portions of the amended petition filed herein, which said motion being seen and heard by the Court, and by the Court fully understood, the same is sustained, with leave to the plaintiff if he desire so to do, to amend his said petition forthwith.
**Ellen Jones, Plaintiff. vs. Marion Jones, Defendant.**
Proof of Publication filed.
**In the matter of the assignment of Thomas J. Vastine.**
Appraisement filed.
**Peirre Chouteau Jr, James Harrison & Felix Valle, Plaintiffs. vs. James U. Moore & Joseph Haller, Defendants.**
Order of Publication.
The Sheriff having made return that said defendants cannot be found, and the Court being satisfied that said defendants cannot be served with process, it is therefore, on motion of said plaintiffs by their Attorney, ordered by the Court that said defendants be notified by the publication according to law of this order, that said plaintiffs have instituted suit against them in the St. Louis Circuit Court, the object of which is to obtain judgment for the sum of Six hundred and eighty five dollars and ninety four cents, and that their property has been attached to secure the payment of the same, and that unless they be and appear at the next term of said Court to be begun and held at the City of St. Louis on the fourth Monday in October next, and on or before the third day thereof answer the petition of said plaintiffs the same will be taken against them as confessed; judgment rendered against them and their property will be sold to satisfy the same.
**Peirre Chouteau Jr, James Harrison, & Felix Valle, Plaintiffs. vs. James U. Moore, Defendant.**
Order of Publication.
The Sheriff having made return that said defendant cannot be found and the Court being satisfied that said defendant cannot be served with process, it is therefore, on motion of said plaintiff by their Attorney, ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiffs have instituted suit against him in the St. Louis Circuit Court, the object of which is to obtain judgment for the sum of Five hundred and sixty nine dollars and forty two cents, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis on the fourth monday in October next, and on or before the third day thereof answer the petition of said plaintiffs the same will be taken against him an confessed, judgment rendered against him and his property sold to satisfy the same.
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> Handwritten Page Number on Record Book: 321
**March Term 1856. Monday March 10th 1856.**
**John How, Plaintiff. vs. Charles F. White & Alexander Lee, Defendants.**
Now at this day comes said plaintiff by his Attorney, but said defendant Alexander Lee although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his Attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed.
**James D. Houseman, et. al. Plaintiffs. vs. James Hervitt, et. al. Defendants.**
Answer of Robert M. V. Kercheval filed.
**William Brenmehl, Plaintiff. vs. Mary C. Brenmehl, Defendant.**
Proof of Publication filed.
**In the matter of the assignment of Emie Limberg.**
On motion of Henry A. Homeyer to whom Emie Limberg assigned all his property and effects, it is ordered by the Court that George Bolms and H. Dammitz be appointed to appraise such property and effects so as aforesaid assigned.
**Joseph Melvan, et. al. Plaintiffs. vs. Keokuk Packet Company, Defendant.**
Answer filed.
**Andrew Geisel, Plaintiff. vs. Charles Harn, garnishee of Adolph Nulle, Defendant.**
Allegations & Interrogatories filed.
It is ordered by the Court that the Sheriff of St. Louis County summon twelve good and lawful men to appear before this Court to-morrow morning at ten o'clock, then and there to serve as Jurors.
**John Mathews Plaintiff. vs. Socrates Newman, garnishee of James Cenran &c. Defendant.**
Allegations & Interrogatories filed.
**John B. Perkins, Plaintiff. vs. Edward Chase, et. al. Defendants.**
Answer of defendant Wesley Nichols filed.
**Henry Blaksley, Plaintiff. vs. Benjamin W. Sharp, Defendant.**
Answer filed.
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> Handwritten Page Number on Record Book: 322
**March Term 1856. Tuesday March 11th 1856.**
The Court met pursuant to adjournment, Present as before.
Michael Shelly and James Collan, natives of Ireland, Isaac Baer, a native of France, and William Limbeck a native of Hanover, who apply to be admitted Citizens of the United States, come and prove to the satisfaction of the Court, that they have resided in the United States for at least five years, and in the State of Missouri at least one year, immediately proceding this application, during which time they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United States concerning the naturilization of foreigners, and they declaring here, in Open Court, upon oath, that they will support the Constitution of the United States, and that they do entirely and absolutely, rename and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Severeignty whatsoever, and particularly the said Michael Shelly and James Conran to the Queen of Great Britian and Ireland of whom they are at present subjects, and the said Isaac Baer to the Emperor of France of whom he is at present a subject, and the said William Limbeck to the King of Hanover of whom he is at present a subject, therefore the said Michael Shelly, James Collan, Isaac Baer and William Limbeck are admitted Citizens of the United States of America.
Leopold Bouvier, a native of France, aged twenty three years, who applies to be admitted a Citizen of the United States, comes and proves to the satisfaction of the Court by the testimony of James C. Nidelet and Frederick Von Phul, two credible witnesses Citizens of the United States for at least five years including the years of his minority, and in the State of Missouri at least one year immediately proceding this application, during which time he had 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 said applicant declaring here, in Open Court, upon oath, that for three years last past it has been, bona fide, his intention to become a Citizen of the United States, and he declaring also 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 the Emperor of France of whom he is at present a subject, therefore the said Leopold Bouvier is admitted a Citizen of the United States of America.
**In the matter of the assignment of Augustus Beneke.**
Now at this day come Elijah G. Tuttle, Rodney G. Purley, & Henry W. Smith assignees in this behalf, and file their application duly verified by affidavit, for an order of sale of the goods, chattels and effects, conveyed to them as such assignees, at public vendue, for cash: and the Court being fully advised of and concerning the same, it is ordered that the said assignees do sell for cash at public sale to the highest bidder, at such place in the City of St. Louis and at such time, not exceeding twenty days next here after ensuing, as to them shall sum best, all the remaining personal estate conveyed to them by the deed of assignment of the said Augustus Beneke, and still unsold, first giving ten days public notice of the time, terms and place of such sale by advertisement in some newspaper printed in the City of St. Louis.
**In the matter of the assignment of James H. & Caroline P. Mackey.**
Now at this day come Rodney G. Perley and Harvey W. Smith, assignees in this behalf, and file their application duly verified by affidavit, for an order of sale of the goods, chattels and effects conveyed to them as such assignees, and the Court being fully advised of and concerning the same, it is ordered that the said assignees do sell, for cash, as public sale, to the highest bidder, at such place in the City of St. Louis and at such time, not exceeding thirty days next hereafter ensuing, as to them shall seem best, all the personal estate conveyed to them by the deed of assignment of the said James H. and Caroline P. Mackey: first giving ten days public notice of the time, terms and place of such sale by advertisement published in in some newspaper printed in the City of St. Louis.
**Samuel Gaty, et. al. Plaintiffs. vs. Steam Boat "Reindeer", Defendant.**
Satisfaction. Now at this day come said plaintiffs by their Attorney and acknowledge to have received full and entire satisfaction of the judgment rendered herein on the thirtieth day of January last past.
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> Handwritten Page Number on Record Book: 323
**March Term 1856. Tuesday March 11th 1856.**
**Samuel Gaty, et. al. Plaintiffs. vs. Steam Boat "Winchester," Defendant.**
Satisfaction.
Now at this day come said plaintiffs by their Attorney and acknowledge to have received full and entire satisfaction of the judgment rendered herein on the thirtieth day of January last past.
**George Henderson, Plaintiff. vs. George W. Loper, et. al. Defendants.**
Answer of defendant Loper filed.
**John B. Perkins, Plaintiff. vs. Edward Chase, et. al. Defendants.**
Answer of defendant Isaac W. Pollard filed.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, et. al. Defendants.**
Second amended Petition filed, and answer to second amended Petition filed.
**William H. Hackett, Plaintiff. vs. John Simonds, et. al. garnishees of George J. Brady, et. al. Defendants.**
Answer of garnishees filed by consent.
**Henry Von Phul, James L. Waters & Abraham J. Bird, Plaintiffs. vs. James M. Mc. Faden, Miles Sells, & Samuel M. Edgell, garnishees of Edward Mathews, Defendants.**
Judgment.
And now come the said plaintiffs by their Attorney, and on their motion judgment is rendered in favor of the said plaintiffs against the said garnishees, for the sum of Three thousand and four dollars and five cents, being the amount of the indebtedness of the said Edward Mathews to the said plaintiffs and interest thereon and costs; being a portion only of the amount of funds of the said Edward Mathews; admitted by the said garnishees to be in their hands, and the Court doth award execution therefor against the said garnishees, and doth also allow to the garnishees out of the funds remaining in their hands the sum of Ten dollars for their trouble and expense in answering herein.
**The State of Missouri, Plaintiff. vs. Charles Andrews, Defendant.**
Indictment for Dealing Fars.
Now at this day comes the Circuit Attorney who prosecutes for the State, also comes the defendant by his Attorney George W. Cline Esquire, and by leave of Court and consent of the Circuit Attorney, waives the reading of the indictment herein, and enters his plea of guilty to the charges in said indictment contained and submits his sentence to the Court. Whereupon the Court doth assess a fine of Thirty dollars against the said defendant, therefore it is considered by the Court that the said defendant for his offence of Dealing Fars aforesaid pay to the State of Missouri for the use of the County of St. Louis the aforesaid fine of Thirty dollars and also the costs and charges in this behalf accrued and that execution issue therefor.
**The State of Missouri, Plaintiff. vs. Eliza Haycraft, Defendant.**
Indictment for keeping a Bawdy House.
Now at this day comes the Circuit Attorney who prosecutes for the State also comes the defendant by her Attorney John A. Goodlett, Esquire, and by leave of Court and consent of the Circuit Attorney, waives the reading of the indictment herein, and enters her plea of guilty to the charges in said indictment contained and submits her sentence to the Court, Whereupon the Court doth assess a fine of Fifty dollars against the said defendant, therefore it is considered and adjudged by the Court that the said defendant for her offence of keeping a Bawdy House aforesaid pay to the State of Missouri for the use of the County of St. Louis the aforesaid fine of Fifty dollars and also the costs and charges in this behalf accrued and that execution issue therefor
**The State of Missouri, Plaintiff. vs. Joseph A. Capurro, Defendant.**
Indictment for Selling Lottery Tickets.
Continued by consent at costs of defendant.
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> Handwritten Page Number on Record Book: 324
**March Term 1856. Tuesday March 11th 1856.**
**The State of Missouri, Plaintiff. vs. Pratte A. Nidelet, Defendant.**
Indictment for sending a challenge to fight a duel.
Now at this day comes the Circuit Attorney who prosecutes for the State, also comes the defendant by his Attorney Luther M. Shreve Esquire, and by leave of Court and consent of the Circuit Attorney, waives the reading of the indictment herein and enters his plea of guilty to the charges in said indictment contained and submits his sentence to the Court, whereupon the Court doth assess a fine of Five dollars against the said defendant, therefore it is considered and adjudged by the Court that the said defendant for his offence of sending a challenge to fight a duel pray to the State of Missouri for the use of the County of St. Louis the aforesaid fine of Five dollars and also the costs and charges in this behalf accrued and that excecution issue therefor.
**The State of Missouri, Plaintiff. vs. Charles Boutcam & Hyacinth Renouard, Defendants.**
Indictment for carrying a Challenge to fight a duel.
Now at this day comes the Circuit Attorney who prosecutes for the State also come the defendants by their Attorney Luther M. Shreve, Esquire, and by leave of Court and consent of the Circuit Attorney, waive the reading of the indictment herein and enter their plea of guilty to the charges in said indictment contained and submit their sentence to the Court. Whereupon the Court doth assess a fine of Five dollars against each of the said defendants, therefore it is considered and adjudged by the Court that the said defendants for their offence of carrying a challenge to fight a duel each pay to the State of Missouri for the use of the County of St. Louis the aforesaid fine of Five dollars and also the costs and charges herein accrued and that execution issue therefor.
**The State of Missouri, Plaintiff. vs. William Burke, Defendant.**
Indictment for Burglary, Larceny & Receiving stolen goods.
The said defendant William Burke having heretofore entered into Recognizance before this Honorable Court, in the sum of One thousand dollars, with George Brown as his security, conditioned for the appearance of the said William Burke before the St. Louis Circuit Court on the first day of the last October term thereof and from day to day during said term, and on the first day of any future term to which this cause might be continued, to answer to the above indictment; and now at this day the said William Burke being solemnly called to come into Court and save his recognizance, comes not but makes default, and the said George Brown being also solemnly called to being into Court the body of the said William Burke and save his recognizance, comes not but makes default, wherefore it is considered by the Court that the said recognizance be declared forfieted, and that a seire facias issue against the said parties returnable to the next term of this Court, and that an Alias Capias issue herein, and this Indictment is continued generally
**The State of Missouri, Plaintiff. vs. George Phegley, Defendant.**
Indictment for keeping a Fars Bank.
The said George Phegley having heretofore entered into recognizance before the St. Louis Criminal Court, in the sum of One thousand dollars, with Augustin Eastin as his security, conditioned for the appearance of the said George Phegley before the St. Louis Circuit Court as the last April term thereof, and not depart the said Court without leave thereof, to answer to the above indictment; and now at this day the said George Phegley being solemnly called to come into Court and save his recognizance comes not but makes default, and the said Augustin Eastin being also solemnly called to [come ?] being into Court the body of the said George Phegley and save his recognizance comes not but makes default, wherefore it is considered by the Court that the said recognizance be declared forfieted and that a seire facias issue against the said parties returnable to the next term of this Court, and that an Alias Capias issue herein, and this Indictment is continued generally
**The State of Missouri, Plaintiff. vs. Charles Helsinger, et. al. Defendants.**
Indictment for Rioting.
Continued in affidavit of defendants.
**Daniel Y. Bridges, et. al. Plaintiffs. vs. John W. Hedenberg, Defendant.**
Demurrer filed.
**Martin Kerigan, Plaintiff. vs. Anthony Juinan, Defendant.**
Answer filed.
**John W. Burd, Plaintiff. vs. Premius Emerson, Defendant.**
Answer filed.
**George W. Cline, et. al. Plaintiffs. vs. John Brooks, Defendant.**
Answer filed.
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> Handwritten Page Number on Record Book: 325
**March Term 1856. Wednesday March 12th 1856.**
The Court met pursuant to adjournment, Present as before.
**Thomas Murduck, et. al. Plaintiff. vs. J C. Havens, garnishee of Isaac W. Gibbons, Defendant.**
Allegations & Interrogatories filed.
**Joseph B. Wells, Plaintiff. vs. Danl. D. Page, et. al. Defendants.**
Answer filed.
**Charles W. Bourp, et. al. Plaintiffs. vs. Daniel D. Page, et. al. Defendants.**
Answer filed.
**The Manufacturer's & Farmer's Bank of Wheeling, Plaintiffs. vs. Daniel D. Page, et. al. Defendants.**
Answer filed.
**William F. Smith, et. al. Plaintiffs. vs. Henry D. Bacon, et. al. Defendants.**
Answer filed.
**James Street, Frederick M. Wood, & Henry A. Muller, Plaintiffs. vs. James Conran, Defendant.**
Dismissal.
On motion of hte plaintiffs by their Attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**The State of Missouri, Plaintiff. vs. George Stephans & Michael Stephans, Defendants.**
Indictment for Rioting.
Now at this day comes the Circuit Attorney who prosecutes for the State, also come the defendants in their proper person, and also come their Counsel, and thereupon come also a Jury, viz: A. G. Henry, Charles Bockman, G. M. Jyzack, George R. Borrowman, S. Smithers, Adolph Isaacs, William K. Bogus, J. L. Kohler, James R. Littel, David Thomas, C. Sutter and Walter Shields, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the traverse between the parties aforesaid and a true deliverance make according to the law and evidence, whereupon the defendants by their counsel file their motion to quash the indictment herein, and the Court having heard the same and the argument of Counsel thereon, but not being fully advised of and concerning the premises take time to consider thereof, and further proceedings herein are continued until to-morrow morning.
**Maurice Langherne, Sr. et. al. Plaintiffs. vs. Joseph S. Papin, et. al. garnishees, Defendants.**
Allegations & Interrogatories filed.
**Mathew Rippey, Plaintiff. vs. Meyer Freide, Defendants.**
Demurrer filed.
**Atrews J. Mc. Creery, et. al. Plaintiffs. vs. Francis J. Hunt, et. al. Defendants.**
Answer filed.
**John Mc. Dawell, et. al. Plaintiffs. vs. Francis A. Hunt, et. al. Defendants.**
Answer filed.
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> Handwritten Page Number on Record Book: 326
**March Term 1856. Thursday March 13th 1856.**
The Court met pursuant to adjournment, Present as before.
Philip Reinhart, a native of France, and August Poohlmann a native of Prussia, who apply to be citizens of the United States, come and prove to the satisfaction of the court, that they have resided in the United States for at least five years and in the State of Missouri at least one year, immediately proceding this application, during which time they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United States, concerning the naturilization of foreigners, and they declaring here in Open Court, upon oath, that they will support the Constitution of the United States, and that they do entirely and absolutely renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly the said Philip Reinhart to the Emperor of France of whom he is at present a subject, and the said August Poohlmann to the King of Prussia of where he is at present a subject, therefore the said Philip Reinhart and August Poohlmann are admitted Citizens of the United States of America.
**Charles Myers, Plaintiff. vs. Duane J. Sardam, et. al. Defendants.**
Answer filed.
**Frederick Gelfart, et. al. Plaintiffs. vs. John Stickel, Defendant.**
Two days time given defendant to answer.
**Emil Blome & Joseph Lindenschmit, Plaintiffs. vs. Nathaniel Childs Jr, Defendant.**
Judgment by default.
Now at this day come said plaintiffs by their Attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiffs by their Attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiffs waiving a Jury submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendant is indebted to said plaintiffs in the sum of Two hundred and forty nine dollars and thirty seven cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**John J. Anderson, Plaintiff. vs. Landry Charleville, Defendants**
Judgment by default.
Now at this day comes said plaintiff by his Attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by his Attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Three hundred and seventy one dollars and thirty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Gabriel Simon, William Simon, Benjamin Simon, Charles Hyman, & Martin Hyman, Plaintiffs. vs. Emanuel Bondi, Defendant.**
Judgment by default.
Now at this day come said plaintiffs by their Attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiffs by their Attorney, it is ordered by the Court, that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiffs waiving a Jury, submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiffs in the sum of One hundred and sixty three dollars and twenty seven cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Alfred Fassitt, Plaintiff. vs. William Mc. Murtry & John A. Mc. Clelland, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his Attorney, but said defendants although duly summoned and called, come not but make default, wherefore on motion of said plaintiff by his Attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court, and the Court having duly heard and considered the same doth find
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> Handwritten Page Number on Record Book: 327
**March Term 1856. March 13th 1856.**
from the intstrument of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Fifteen hundred and forty two dollars and sixty three cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Robert M. Hening & John O. Wordruff, Plaintiffs. vs. John Johnston, James O. Carson & John E. Brooks, Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their Attorney and dismiss this suit as to the defendant John Johnston, but the defendants James O. Carson and John E. Brooks, although duly summoned and called, come not but make default, wherefore on motion of said plaintiffs by their Attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendants as confessed, and the plaintiffs waiving a Jury submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiffs in the sum of Twenty two hundred and sixty two dollars. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as founded and also their costs and charges herein expended and have thereof execution.
**James Hewett, John J. Roe & Robert M. V. Kercheval, Plaintiffs. vs. Peter J. Savers, James M. Hughes, William H. Thompson & Joseph W. Thompson, Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their Attorney, and by leave of Court assend their petition by interlining in the ninth line of the 20 page the words "for a valuable consideration then paid by the plaintiffs" but said defendants although duly summoned and called, come not but make default, wherefore on motion of said plaintiffs by their Attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendants as confessed, and the plaintiffs waiving a Jury submit this cause to the Court and the court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiffs in the sum of Twenty six hundred and sixty two dollars and forty cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid inform aforesaid as found and also their costs and charges herein expended and have thereof execution.
**James Hewett, John J. Roe & Robert M. V. Kercheval, Plaintiffs. vs. William H. Thompson & James M. Hughes, Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their Attorney, and by leave of Court amend their petition herein by interlining after the third line of the second page thereof the words "for a valuable consideration then paid by plaintiffs" but said defendants although duly summoned and called, come not but make default, wherefore on motion of said plaintiffs by their Attorney, it is ordered by the Court, that the petition of said plaintiffs be taken against said defendants as confessed, and the plaintiffs waiving a Jury, submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendants are indebted to said plaintiffs in the sum of Five hundred and thirty two dollars and forty cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Jacob A. Barker, Plaintiff. vs. William Truesdail, Defendant.**
Answer filed.
**Michael Haley, Plaintiff. vs. The Pacific Rail Road, Defendants.**
Demurrer filed.
**Peter Sue, Plaintiff. vs. The Pacific Rail Road, Defendant.**
Motion for security for costs filed.
**In the matter of the assignment of Thomas J. Vastine.**
Bond of assignees filed and approved, and on application of the said assignees, and is appearing to the satisfaction of the Court that the interests of all concerned in said assignment will be subserved and promoted by an immediate sale of the property and effects so assigned, at the appraised value of said property and effects, so far as appraised, and that a sale thereof in Buck, and partly for cash and partly upon credit will also promote the interests of all concerned in said assignment, the said Charles D. Coleman and William Wise the said assignees, are hereby authorized and empowered to sell and dispose of the property and effects so appraised, at the appraised value thereof forthwith, and in bulk, upon the following terms, that is to say, one third cash, and the balance in three equal payments, in eight, fourteen and twenty months, with interest at the rate of six per cent per annum, the deferred payments to be secured by notes of the purchasers with approved security.
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> Handwritten Page Number on Record Book: 328
**March Term 1856. Thursday March 13th 1856.**
**Robert L. Fabian, Plaintiff. vs. Francis A. Hunt, et. al. Defendants.**
Answer filed.
**The State of Missouri, Plaintiff. vs. George Stephans & Michael Stephans, Defendants.**
Indictment for Rioting.
Now at this day comes again the Circuit Attorney who prosecutes for the State, also come the defendants in their proper person, and also come their counsel, and the Jury sworn and empannelled herein also come, and the Court being now fully advised of and concerning the motion to quash the indictment herein, doth consider and adjudge that the same be overruled; and thereupon the trial of this cause progressed, but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
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> Handwritten Page Number on Record Book: 329
**March Term 1856. Friday March 14th 1856.**
The Court mis pursuant to adjournment, Present as before.
Dennis Murphy, a native of Ireland, who applies to be 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 preparatery steps required by the laws of the United States concerning the naturilization 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 the Queen of Great Britian and Ireland of whom he is at present a subject, therefore the said Dennis Murphy is admitted a Citizen of the United States of America.
**Thomas S. Butler, James J. Butler, & John Pollock, Plaintiffs. vs. John Wolf, Defendant.**
Judgment by default.
Now at this day come said plaintiffs by their Attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiffs by their Attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiffs waiving a Jury submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendant is indebted to said plaintiffs in the sum of Seven hundred and eighty six dollars and fourteen cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**James Galdwell, Plaintiff. vs. The City of St. Louis, Defendant.**
Answer filed.
**Matthew Rippey, Plaintiff. vs. Meyer Friede, Defendant.**
Answer filed.
**The State of Missouri, Plaintiff. vs. George Stephans & Michael Stephans, Defendants.**
Indictment for Rioting.
Now at this day comes again the Circuit Attorney who prosecutes for the State, also come the defendants in their proper person and also comes their counsel, and the Jury empannelled and sworn herein also come, and thereupon the trial of this cause progressed and being finished the Argument of Counsel commenced but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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> Handwritten Page Number on Record Book: 330
**March Term 1856. Saturday March 15th 1856.**
The Court met pursuant to adjournment, Present as before.
**John Ansted, Plaintiff. vs. Julius Winklemier, Defendant.**
Answer filed.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, Defendant.**
By consent of the parties herein, it is ordered by the Court that the Sheriff of St. Louis County, summon Eighteen good and lawful men, to appear before this Court on Monday morning not as ten o'clock, out of whom to empannel a Jury in this cause.
**Frederick Gelfast, et. al. Plaintiffs. vs. John Stickel, Defendant.**
Answer filed.
**James Yond & Robert L. Jones, Plaintiffs. vs. Maria F. Brooks. & Richard F. Barry, Administrators of Peter Brooks, deceased, Defendants.**
It appearing to the satisfaction of the Court, that the name of John Brooks was erroneously stated as administrator of Peter Brooks, instead of the name of Richard F. Barry, and by consent of the parties in this case it is ordered that the name of John Brooks as administrator be stricken from the record and the name of Richard F. Barry the administrator of said Peter Brooks be substituted and that the correction be made in the about entitled cause by the substitution of the name of Richard F. Barry for that of John Brooks.
**The North Missouri Rail Road, Plaintiff. vs. John J. Schroeder, Defendant.**
Second Report of Commissioners & Motion to affirm same filed.
**The North Missouri Rail Road, Plaintiff. vs. Leverett Mills, et. al. Defendants.**
Motion to set aside Report of Commissioners filed.
**St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. Adelia Peters, et. al. Defendants.**
Motion for Execution filed.
**The State of Missouri, Plaintiff. vs. George J. Martin, Defendant.**
Indictment for Grand Larceny.
Now at this day comes the Circuit Attorney who prosecutes for the State, also comes the defendant in his proper in custody of the Sheriff, and also comes his Counsel, and thereupon come also a Jury, viz: John Regan, A. H. Doederlin, Henry Jobener, O. Genshall, George Jung, S. A. Brazean, J. B. Roy, A. Vein, John J. Andrews, John Grake, Jacob Casewell and Joseph Alexander, twelve good and lawful men, who being duly elected, tried and sworn well and truly to try the traverse between the parties aforesaid and a true deliverance make according to the law and evidence, the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid find the defendant guilty of Grand Larceny as charged in the indictment and assess his punishment at two years in the penetentiary; Whereupon it is considered and adjudged by the Court that the said defendant for his Offence of Grand Larceny as found by the Jury be imprisoned in the penetentiary of this state for the term of two years, that he pay the costs of this prosecution and stand committed until this sentence be complied with.
**The State of Missouri, Plaintiff. vs. George Stephans & Michael Stephans, Defendants.**
Indictment for Rioting.
Now at this day comes again the Circuit Attorney who prosecutes for the State, also come the defendants in their proper person and also comes their Counsel, and thereupon the Argument of Counsel progressed and being concluded the Jury retire to consider of their verdict.
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> Handwritten Page Number on Record Book: 331
**March Term 1856. Saturday March 15. 1856.**
**John Gotllieb Ahnert, Plaintiff. vs. Francis Kerzinger & Elizabeth Kerzinger, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his Attorney, but said defendants although duly summoned and called, come not but make default, wherefore on motion of said plaintiff by his Attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court, and the Court having duty heard and considered the same doth find from the instrument of writing in which this action is founded that said defendants are indebted to said plaintiff in the sum of nine hundred dollars. It is therefore considered and adjudged by the Court that the said plaintiff recover of the said difendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Caroline L. Beach, Plaintiff. vs. Rosewell Beach, Defendant.**
Answer filed.
**John Wesley, Plaintiff. vs. Michael Dufenbach, et. al. Defendants.**
Answer filed.
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> Handwritten Page Number on Record Book: 332
**March Term 1856. Monday March 17th 1856.**
The Court met pursuant to adjournment, Present as before.
**Alanson C. Stewart, et. al. Plaintiffs. vs. George S. Case, Defendant.**
Answer filed.
**Garret Warthington, et. al. Plaintiffs. vs. William N. Elliott, et. al. Defendants.**
Answer of William S. & Thomas W. Elliott filed.
Peter Uhrig, a native of Germany, aged twenty three years, who applies to be admitted a Citizen of the United States, comes and proves to the satisfaction of the Court by the testimony of Peter Miller and Christopher Rall, two credible witnesses, Citizens of the United States, that he arrived in the United States, a minor, under the age of eighteen years, that he has resided in the United States for at least five years including the years of his minority, and in the State of Missouri for at least one years 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 said applicant declaring here, in Open Court, upon oath, that for three years last past, it has been, bonafide, his intention to become a citizen of the United States, and he declaring also 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 particuarly to the Grand Duke of Hessia of whom he is at present a subject, therefore the said Peter Uhrig is admitted a Citizen of the United States of America.
**The State of Missouri, Plaintiff. vs. George Stephans & Michael Stephans, Defendants.**
Indictment for Rioting.
Now at this day comes again the Circuit Attorney, who prosecutes for the State also come the defendants in their proper person, and also comes their Counsel, and the Jury empannelled and sworn herein also come, and the Jury aforesaid upon their oaths aforesaid say they cannot agree upon a verdict in this case, whereupon it is ordered by the Court that the said Jury be discharged and that this cause be continued until the next term of this Court.
**Frederick Meyer, et. al. Plaintiffs. vs. George M. Fisher, et. al. Defendants.**
Separate Answers of defendants filed.
**Henry Weil, Plaintiff. vs. William M. Harlow, et. al. Defendants.**
Answer filed.
**Loring P. Hawes, et. al. Plaintiffs. vs. William M. Harlow, et. al. Defendants.**
Answer filed.
**George Henderson; Plaintiff. vs. George W. Loper & Benjamin Lacy, Defendants.**
Judgment.
Now at this day comes the plaintiff by his Attorney, and the defendant George W. Loper by his Attorney, and consent and agree that the Court may under judgment in favor of said plaintiff and against said defendant for the sum of Five hundred and twenty eight dollars and fifty eight cents, but the defendant Benjamin Lacy although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his Attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Five hundred and twenty eight dollars and fifty eight cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as agreed and found and also his costs and charges herein expended and have thereof execution.
**Peter Sue, Plaintiff. vs. The Pacific Rail Road, Defendant.**
Answer filed.
**Charles G. Gauston, Plaintiff. vs. Ferdinand Stange, et. al. Defendants.**
Answer of defendants Saler, Schulenburg & Boeckler, filed.
**John A. Ubsdell, et. al. Plaintiffs. vs. James Gallagher, Defendant.**
Proof of Publication filed.
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> Handwritten Page Number on Record Book: 333
**March Term 1856. Monday March 17th 1856.**
**John A. Ubsdell, et. al. Assignees, Plaintiffs. vs. Thomas Quinn, Defendant.**
Proof of Publication filed.
**John A. Ubsdell, et. al. Assignees, Plaintiffs. vs. John Malley, Defendant.**
Proof of Publication filed.
**John A. Ubsdell, et. al. Assignees, Plaintiffs. vs. Patrick Kenney, Defendant.**
Proof of Publication filed.
**John A. Ubsdell, et. al. Plaintiffs. vs. Charles Carr & Andrew Carr, Defendants.**
Proof of Publication filed.
**John A. Ubsdell, et. al. Assignees, Plaintiffs. vs. James Gallagher, Defendant.**
Proof of Publication filed.
**John A. Ubsdell, et. al. Assignees, Plaintiffs. vs. Michael Doon, Defendant.**
Proof of Publication filed.
**Ellen M. Gideon, Plaintiff. vs. Joseph Gideon, Defendant.**
Proof of Publication filed.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, et. al. Defendants.**
Now at this day come the parties aforesaid by their respective attorneys, and the plaintiff by leave of Court, strikes out of his second amended petition herein, on the eighth page thereof, the words "for which he prays the judgment of the Court,"
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> Handwritten Page Number on Record Book: 334
**March Term 1856. Tuesday March 18th 1856.**
The Court met pursuant to adjournment, Present as before.
John Dettling, a native of Germany, Patrick Condon and John Halpin, natives of Ireland, who apply to be citizens of the United States, come and prove to the satisfaction of the Court, that they have 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 they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United States, concerning the naturilization of foreigners, and they declaring, here, in Open Court, upon oath, that they will support the Constitution of the United States, and that they do entirely and absolutely, renounce and abjure, forever, all allegiance and fideity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly the said John Dettling to the King of Wirtimberg of whom he is at present a subject, and the said Patrick Condon and John Halpin to the Queen of Great Britian and Ireland of whom they are at present subjects, therefore the said John Dettling, Patrick Condon and John Halpin are admitted Citizens of the United States of America.
Henry J. Platte, a native of England, aged twenty eight years, who applies to be admitted a Citizen of the United States, comes and proves to the satisfaction of the Court, by the testimony of George W. Sevenson and William G. Webb, two credible witnesses, citizens of the United States, that he arrived in the United States, a minor, under the age of eighteen years, that he has resided in the United States for at least five years including the years of his minority, and in the State of Missouri at least one year immediately proceding 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 said applicant declaring, here, in Open Court, upon oath, that for three years last past, it has been, bonafide, his intention to become a Citizen of the United States, and he declaring also, 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 the Queen of Great Britian and Ireland of whom he is at present a subject, therefore the said Henry J. Platte, is admitted a Citizen of the United States of America.
**The State of Missouri to the use of Frederick Shelly, Plaintiff. vs. Henry Kennedy and Thomas Pullis, Defendants.**
Answer filed.
**Isaac W. Tayler & Edwin R. Mason, Plaintiffs. vs. George W. Cass, William B. Dinsmoore, Alvin Adams, Samuel M. Shoemaker, & Edward S. Sandford, Defendants.**
Default.
Proof of Publication filed, and now at this day come said plaintiffs by their Attorney, but said defendants although duly notified and called, come not but make default, wherefore on motion of said plaintiffs by their Attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendants as confessed.
**Robert Duncan, Plaintiff. vs. Michael Finnegan, Defendant.**
Default.
Now at this day comes said plaintiff by his Attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by his Attorney, it is ordered by the court, that the petition of said plaintiff be taken against said defendant as confessed.
**Elizabeth A. Kneves, Plaintiff. vs. William H. Kneves, Defendant.**
Default.
Now at this day comes said plaintiff by her Attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by her Attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed.
**Jane Walsh, Plaintiff. vs. William Walsh, Defendant.**
Default.
Proof of Publication filed. And now at this day comes said plaintiff by her Attorney, but said defendant although duly notified and called, comes not but makes default, wherefore on motion of said by her Attorney, it is ordered by the Court, that the petition of said plaintiff be taken against said defendant as confessed, and this cause it continued until the next term of this Court.
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> Handwritten Page Number on Record Book: 335
**March Term 1856. Tuesday March 18, 1856.**
**The Citizen's Insurance Company of Missouri, Plaintiff. vs. William H. Belcher, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by its Attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by its Attorney, it is ordered by the Court, that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waiving a Jury, submits this cause to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded, that said defendant is indebted to said plaintiff in the sum of Four hundred and ninety two dollars and thirty five cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also its costs and charges herein expended and have thereof execution.
**Ellen Jones, Plaintiff. vs. Marion Jones, Defendant.**
Default.
Now at this day comes said plaintiff by her Attorney, but said defendant although duly notified and called, comes not but makes default, wherefore on motion of said plaintiff by her Attorney, it is ordered by the Court, that the petition of said plaintiff be taken against said defendant as confessed, and this cause is continues until the next term of this court.
**John Lay & Charlotte his wife, Plaintiffs. vs. Robert Strut, Rebecca Walton, John Sparks & Lavinia his wife, Harvey Holman Walton, Charles Henry Walton & William A. Walton, Defendants.**
Dismissal.
On motion of said plaintiffs by their Attorney, it is ordered by the Court that this case be dismissed at the costs of said plaintiffs and that execution issue therefor.
**John Lay & Charlotte his wife, Plaintiffs. vs. Rebecca Walton, Executive Robert Street, Executor of Henry Walton, deceased, John Sparks & Lavinia his wife, Harvey Holman Walton, Charles Henry Walton & William A. Walton, Defendants.**
Dismissal.
On motion of said plaintiffs by their Attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Frederick Meyer, et. al. Plaintiffs. vs. George W. Fisher & James Jones, Defendants.**
Motion for a severance filed.
**The Collier White Lead & Oil Company, Plaintiff. vs. Joseph Heitzig, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by its Attorney but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by its Attorney, it is ordered by the Court, that the petition of said plaintiff to taken against said defendant as confessed, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Three hundred and ninety four dollars and eighty three cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also its costs and charges herein expended and have thereof execution.
**James M. Hughes, & George B. Sanderson, Plaintiffs. vs. William H. Hooper, Thomas Williams, Edwin Ellis, James Hutton & Thomas C. Courtenay, Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their Attorney, and by leave of Court amend their petition herein by interlining the words "for a valuable consideration then paid by plaintiffs," and dismiss this suit as to the defendants William H. Hooper, Thomas Williams & Thomas E. Courtenay, but the defendants Edwin Ellis & James Hutton although duly summoned and called, come not but make default, wherefore on motion of said plaintiffs by their Attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendants as confessed, and the plaintiffs waiving a Jury submit this cause to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiffs in the sum of Fifteen hundred and seventy dollars and fourteen cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid inform aforesaid as found and also their costs and charges herein expended and have thereof execution.
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> Handwritten Page Number on Record Book: 336
**March Term 1856. Tuesday March 18, 1856.**
**John K. Gamble, Robert B. Gamble & William P. Gamble, Plaintiffs. vs. John Clinton, Defendant.**
Judgment by default.
Now at this day come said plaintiffs by their Attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiffs by their Attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiffs waiving a Jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said defendant is indebted to said plaintiffs in the sum of Three hundred and sixty dollars and sixty two cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Charles R. Danenhower & John A. Harris, Plaintiffs. vs. Benjamin Reinhart & Alexander Ziegler, Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their Attorney but said defendants although duly summoned and called, come not but make default, wherefore on motion of said plaintiffs by their Attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendants as confessed, and the plaintiffs waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth find from such proofs that said defendants are indebted to said plaintiffs in the sum of Three hundred and ninety two dollars and fifty one cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found, and also their costs and charges herein expended and have thereof execution.
**Christoph Frenz, Plaintiff. vs. Anna Maria Frenz, Defendant.**
Default & Enquiry.
Now at this day comes said plaintiff by his Attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by his Attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and that Enquiry be had herein during the fourth week of the present term of this Court.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, et. al. Defendants.**
Now at this day come the parties aforesaid by their respective Attorneys and waiving a Jury submit this cause to the Court upon the pleadings and proofs, whereupon the trial of this cause progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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> Handwritten Page Number on Record Book: 337
**March Term 1856. Wednesday March 19. 1856.**
The Court met pursuant to adjournment, Present as before.
Henry Schwaner, a native of Germany, aged twenty four years, who applies to be admitted a citizen of the United States, comes and proves to the satisfaction of the Court by the testimony of Henry Stineback & Louis Hab, two credible witnesses, citizens of the United States, that he arrived in the United States, a minor, under the age of eighteen years, that he has resided in the United States for at least five years, including the years of his minority, and in the State of Missouri, at least one year immediately proceding 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 said applicant declaring here, in Open Court, upon oath, that for three years last past it has been, bonafide, his intenetion to become a citizen of the United States, and he declaring also, 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 the King of Hanover of when he is at present a subject, therefore the said Henry Schwaner is admitted a citizen of the United States of America.
Dennis Maley, a native of Ireland, who applies to be 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 proceding 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 naturilization 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 the Queen of Great Britian and Ireland of whom he is at present a subject, therefore the said Dennis Maley is admitted a Citizen of the United States of America.
**Jeremiah M. Buck, Charles E. Morgan, & Joseph E. Stidfole, Plaintiffs. vs. Emile Karst, Defendant.**
Judgment by default.
Now at this day come said plaintiffs by their Attorney, but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiffs by their Attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiffs waiving of Jury submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instruments of writing on which this action is founded, that said defendant is indebted to said plaintiffs in the sum of nineteen hundred and sixty five dollars and sixty seven cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Louisa T. Kellam, Plaintiff. vs. Charles D. Kellam, Defendant.**
On motion of the defendant by his Attorney, until the first day of June next is given him to file an Answer & Cross Bill herein, first serving a copy of the same upon the plaintiff.
**Peter Ferguson, Plaintiff. vs. Clemence G. Chouteau Administrative of Henry Chouteau, deceased. Defendant.**
Judgment.
Now at this day come Peter Ferguson by Peter B. Garesche his Attorney, who claims against the estate of Henry Chouteau, deceased, on a note for One thousand dollars dated second October Eighteen hundred and fifty five due six months thereafter with interest from date, brought into this Court on change if venue from the Probate Court of the County of Saint Louis, of which Court the claimant is Judge, and also come Clemence G. Chouteau, administratix of said Henry Chouteau, deceased, by Sere Valle her Attorney in fact, thereupon the note aforesaid is exhibited for allowance and neither party requiring a Jury the Court examines and allows said demand for the sum of One thousand and twenty seven dollars and eighty five cents in favor of said claimant against said estate, and order the same to be placed in the fifth class.
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> Handwritten Page Number on Record Book: 338
**March Term 1856. Wednesday March 19, 1856.**
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective Attorneys, and thereupon the trial of this cause progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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> Handwritten Page Number on Record Book: 339
**March Term 1856. Thursday March 20. 1856.**
The court met pursuant to adjournment, Present as before.
Michael Gorman, a native of Ireland, aged twenty one years, who applies to admitted a citizen of the United States, comes and proves to the satisfaction of the court the testimony of William Staton and Andrew Harty, two credible witness, citizens of the United States, that he arrived in United States a minor, under the age of eighteen years, that he has resided in the United States for at least five years including the years of his minority, 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 said applicant declaring here, in Open court, upon oath, that for three years last past, it has been bonafide, his intention to become a citizen of the United States, and he declaring also 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 the Queen of Great Britain and Ireland of whom he is at present a subject, therefore the said Michael Gorman is admitted a citizen of the United States of America.
Thomas Mc. Grath and John Gormant, native of Ireland, who apply to be citizens of the United States come and prove to the satisfaction of the Court, that they have resided in the United States, for at least five years, and in the State of Missouri at least one year, immediately proceeding this application, during which time they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United States, concerning the naturalization of foreigners, and they declaring here, in Open Court, upon oath, that they will support the Constitution of the United States, and that they do entirely and absolutely, renounce abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly to the Queen of Great Britain and Ireland of whom they are at present subjects, therefore the said Thomas Mc. Grath and John Gormant are admitted Citizens of the United States of America.
**William Brinmehl, Plaintiff. vs. Mary C. Brinmehl, defendant.**
Default.
Now at this day comes said plaintiff by his Attorney, but said defendant although duly notified and called, comes not but makes default, wherefore on motion of said plaintiff by his Attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and this cause is continued until the next term of this Court.
**Simon O'Connell, Plaintiff. vs. William Grumley, Defendant.**
Order of Publication.
The Sheriff having made return that said defendant cannot be found, and the court being satisfied that said defendant cannot be served with process, it is therefore, on motion of said plaintiff by his Attorney, ordered by the court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against him in the St. Louis Circuit Court, the object of which is to obtain judgment against him for the sum of Ten hundred and fifty dollars, due on note, and that his property has been attached; and that unless he be and appear at the next term of said Court to be begun and held at the city of St. Louis within and for the County of St. Louis in the State of Missouri, on the fourth Monday in October next, and on or before the third day thereof answer the petition of said plaintiff the same will be taken against him as confessed, judgment rendered against him and his property sold to satisfy the same.
**John B. Henderson, Plaintiff vs. William Vantilburgh, Defendant.**
Answer and Replication to same filed.
**In the matter of the assignment of Emil Linberg.**
Appraisement filed.
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> Handwritten Page Number on Record Book: 340
**March Term 1856. Friday March 21. 1856.**
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective Attorney, and thereupon the trial of this cause progressed but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
The Court met pursuant to adjournment, Present as before.
**Jonathan Jones, Plaintiff. vs. Anton Wiesmann, Reuben Bartlett & Turner Maddox, Defendants.**
Order Injunction.
On hearing and considering the matter and prayer in the Petition of this case, and on motion of Plaintiff's Attorney, it is hereby ordered that said defendants, and each of them, be and they are hereby enjoined and restrained from all further proceedings on and under [in ?] the Deed of Trust referred to and described in the said petition, until the further order of this Court in the premises, provided that said plaintiff enter into Bond with security to be approved by the [Clerk of this ?] Court in the sum of One thousand dollars with the usual condition, according to the Statute in such cases made and provided.
**Jonathan Jones, Plaintiff. vs. Anton Wiesmann, Reuben Barilett & Turner Maddox, Defendants.**
Order of Publication.
It appearing to the satisfaction of the Court from the affidavit of said plaintiff, that the said defendant Reuben Bartlett is a non resident of the State of Missouri and cannot be served with process, it is, therefore, on motion of said plaintiff by his Attorney, ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against him, Turner Maddox & Anton Wiesman, in the St. Louis Circuit Court and has obtained an Order enjoining and restraining the said defendants from all further proceedings under [on and on ?] the Deed of Trust referred to and described in the plaintiff's petition until the further order of this Court, and that unless he be and appear at the next term of said Court to begun and held at the City of St. Louis within and for the County of St. Louis in the State of Missouri, on the fourth Monday in October next, and on or before the sixth day thereof answer the petition of said plaintiff the same be taken against him as confessed.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective Attorneys, and thereupon the trial of this cause progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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> Handwritten Page Number on Record Book: 341
**March Term 1856. Saturday March 22d 1856.**
The Court met pursuant to adjournment, Present as before.
**Johnson P. Lee, et. al. Plaintiffs. vs. Abel O. French, Defendant.**
On motion of the defendant by his Attorney, it is ordered by the Court that a Dedimus issue herein on the part of said defendant to the State of New York.
**Marinus W. Waren, William H. Merritt, Francis A. Lane & William W. Gregg, Plaintiffs. vs. Alhambra Reeder, Joseph Mc. Entire, and John Mc. Cloy, Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their Attorney, but said defendants although duly summoned and called, come not but make default, wherefore on motion of said plaintiffs by their Attorney, it is ordered by the Court that the petition of said plaintiffs be taken against defendants as confessed, and the plaintiffs waiving a Jury submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiffs in the sum of Four hundred and twenty nine dollars and one cent. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**William Nulla, Plaintiff. vs. Adolphus Nulla, Defendant.**
Confession of Judgment.
Now at this day comes said defendant by his Attorney in fact, Philip Stremmel, and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Four hundred and twenty five dollars and sixty cents, and consents that judgment be rendered against him for said sum, it is therefore considered and adjudged by the court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed and also his costs and charges herein expended and have thereof execution.
**Joseph Hail, Plaintiff. vs. Adolphus Nulla, Defendant.**
Confession of Judgment.
Now at this day comes said defendant by his Attorney in fact, Philip Stremmel, and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Six hundred and fifty dollars and seventy cents, and consents that judgment be rendered against him for said sum. It is therefore considered and adjudged by the court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed and also his costs and charges herein expended and have thereof execution.
**Herman H. Nulla, Plaintiff. vs. Adolphus Nulla, Defendant.**
Confession of Judgment.
Now at this day comes said defendant by his Attorney in fact, Philip Stremmel, and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Fifty three dollars and fifty cents, and consents that judgment be rendered against him for said sum. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed and also his costs and charges herein expended and have thereof execution.
**In the matter of the assignment of Emil Limberg.**
Assignee's Bond filed and approved by the Court.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr. et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective Attorneys, and thereupon the trial of this cause progressed but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
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> Handwritten Page Number on Record Book: 342
**March Term 1856. Monday March 24. 1856.**
The Court met pursuant to adjournment, Present as before.
James Schuffeneker and Fredrick Walter, natives of France, Conrad Gatzert and Frederick Berg natives of Germany, and John Reilly a nation of Ireland, who apply to be citizens of the United States, come and prove to the satisfaction of the Court, that they have resided in the United States for at least years in the State of Missouri at least one year immediately preceding this application, during which time they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United States concerning the naturalization of foreigners, and they declaring here, in Open Court, upon oath, that they will support the Constitution of the United States, and that they do entirely and absolutely renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty. Whatsoever, and particularly the said James Schuffeneker and Frederick Walter to the Emperor of France of whom they are at present subjects, the said Conrad Gatzert to the Grand Duke of Hesse Darmsdadt of whom he is at present a subject, the said Frederick Berg to the King of Prussia of whom he is at present a subject, and the said John Reilly to the Queen of Great Britain and Ireland of whom he is at present a subject, therefore the said James Schuffeneker, Frederick Walter, Conrad Gatgert, Frederick Burg and John Reilly are admitted Citizens of the United States of America.
**Enoch W. Clark, et. al. Plaintiffs. vs. Joseph H. White, Defendant.**
Affidavit to firm endorsement of R.B. Stine & Co. filed.
**Esther Beer, Plaintiff. vs. John Beer, Defendant.**
On motion of the plaintiff by her Attorney, it is ordered by the court that an Alias Summons issues herein, returnable to the next term of this Court.
**Henry C. Stocho, Plaintiff. vs. Christian Schumacher, et. al. Defendants.**
Answer & Off set, and Replication to same filed.
**Christina Owens, Plaintiff. vs. Elias Owens, Defendant.**
Proof of Publication filed.
**John A. Ubsdell, et. al. Plaintiffs. vs. James Gallagher, Defendant.**
Default Enquiry.
Now at this day come said plaintiff by their Attorney, but said defendant although duly notified and called, comes not but makes default, wherefore on motion of said plaintiff by their Attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and that enquiry of damages be had herein during the fourth week of the present term of this Court.
**John A. Ubsdell, et. al. Assignees, Plaintiffs. vs. Thomas Quinn, Defendant.**
Default Enquiry.
Now at this day come said plaintiffs by their Attorney, but said defendant although duly notified and called, comes not but makes default, wherefore on motion of said plaintiffs by their Attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and that enquiry of damages be had herein, during the fourth week of the present term of this Court.
**John A. Ubsdell, et. al. Assignees, Plaintiffs. vs. John Malloy, Defendant.**
Default Enquiry.
Now at this day come said plaintiffs by their Attorney, but said defendant although duly notified and called, comes not but makes default, wherefore on motion of said plaintiffs by their Attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and that enquiry of damages be had herein during the fourth week of the present term of this Court.
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> Handwritten Page Number on Record Book: 343
**March Term 1856. Monday March 24. 1856.**
**John A. Ubsdell, et. al. Assignees, Plaintiffs. vs. Patrick Kenney, Defendant.**
Default Enquiry.
Now at this day come said plaintiffs by their attorney but said defendant although duly notified and called, comes not but makes default, whereof on motion of said plaintiff by their attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and that enquiry of damages be had herein during the fourth week of the present term of this Court.
**John A. Ubsdell, et. al. Plaintiffs. vs. Charles Carr & Andrew Carr, Defendants.**
Default Enquiry.
Now at this day come said plaintiff by their attorney, but said defendant although duly notified and called, comes not but makes default, whereof on motion of said plaintiff by their attorney, it is ordered by the court that the petition of said plaintiff be taken against said defendant as confessed, and that enquiry of damages be had herein during the fourth week of the present term of this Court.
**John A. Ubsdell, et. al. Assignees, Plaintiffs. vs. James Gallagher, Defendant.**
Default Enquiry.
Now at this day come said plaintiffs by their attorney, but said defendant although duly notified and called, comes not but makes default, whereof on motion of said plaintiff by their attorney, it is ordered by the court that the petition of said plaintiff be taken against said defendant as confessed, and that enquiry of damages be had herein during the fourth week of the present term of this Court.
**John A. Ubsdell, et. al. Assignees, Plaintiffs. vs. Michael Doon, Defendant**
Default Enquiry.
Now at this day come said plaintiff by their attorney, but said defendant although duly notified and called, comes not but makes default, whereof on motion of said plaintiff by their attorney, it is ordered by the court that the petition of said plaintiff be taken against said defendant as confessed, and that enquiry of damages be had herein during the fourth week of the present term of this Court.
**Ellen M. Gideen, Plaintiff. vs. Joseph Gideon, Defendant.**
Default.
Now at this day comes said plaintiff by her attorney, but said defendant although duly notified and called, comes not but makes default, wherefore on motion of said plaintiff by her attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and this cause is continued until the next term of this Court.
**William D. Houghtaling, Plaintiff. vs. Sylivester W. Ball, et. al. Defendants.**
Now at this day comes said plaintiff by his attorney and files his motion for leave to file an amended Petition herein, and the Court having duly heard and considered the same, and being fully advised of and concerning the premises, doth consider and adjudge that the same be sustained, whereupon the said plaintiff files an Amended Petition herein.
**Lühr Timkins, Plaintiff. vs. James H. Tucker, William P. Pigman & William Hally, Defendants.**
Dismissal.
The plaintiff having failed to file security for costs in compliance with the order here to fore made herein, it is, on motion of defendants by their attorney, ordered by the court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**John Hagarty & Walter Smith, Plaintiffs. vs. John Jolly, Alsabid Jolly, Sobieska Jolly & Francis Baily, Defendants.**
Dismissal.
On motion of the plaintiff by their attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Jacob Gorninger, & Patrick O'Donnell, Plaintiffs. vs. John Jolly, Alsabid Jolly, Sobieska Jolly & Francis Bailey, Defendants.**
Dismissal.
On motion of the plaintiff by their attorney, it is ordered by the court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
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> Handwritten Page Number on Record Book: 344
**March Term 1856. Monday March 24. 1856.**
**The Merchants & Manufactures Insurance Company, Plaintiffs. vs. John Jolly, Alsabid Jolly, Sobiska Jolly & Francis Bailey, Defendants.**
Dismissal.
One motion of the plaintiff by its Attorney, it is ordered by the Court that this cause be dismissed as the costs of said plaintiff and that execution issue therefor.
**Augustin Denegre, Plaintiff. vs. John H. Rankin Excutor of David W. Hall, deceased, Defendant.**
Dismissal.
The plaintiff having failed to file security for costs herein, in compliance with the order heretofore made herein, it is, on motion of said defendant by his Attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, et. al. Defendants.**
Now as this day come again the parties aforesaid by their respective Attorney, and thereupon the trial of this cause progressed but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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**Viewer Page 353** (rcdbook1855_25_0352.jpg)
> Handwritten Page Number on Record Book: 345
**March Term 1856. Tuesday March 25. 1856.**
The Court met pursuant to adjournment, Present as before.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective Attorneys, and thereupon the trial of this cause progressed but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
The Court met pursuant to adjournment, Present as before.
John L. Taussig a native of Germany, and Timothy O'Leary a native of Ireland, who apply to be Citizens of the United States, come and prove to the satisfaction of the Court that they have resided in the United States for at least five years, and in the State of Missouri at least one year immediately proceding this application, during which time they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United States concerning the naturilization of foreigners, and they declaring here, in Open Court, upon oath, that they will support the Constitution of the United States, and that they do entirely and absolutely, renounced and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly the said John L. Taussig to the Emperor of Austria of whom he is at present a subject, and the said Timothy O'Leary to the Queen of Great Britian and Ireland of whom he is at present a subject, therefore the said John L. Taussig and Timothy O'Leary are admitted citizens of the United States of America.
**Daniel Brady, Plaintiff. vs. Patrick Connay, Defendant.**
Order of Publication.
The Sheriff having made return that said defendant cannot be found and the Court being satisfied that said defendant cannot be [found ?] served with process, it is therefore, on motion of said plaintiff by his Attorney, Ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against him in the St. Louis Circuit Court, the object of which is to obtain judgment against him for the sum of One hundred and ninety two dollars and thirty five cents, due for work done and materials furnished by plaintiff for defendant, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis in the State of Missouri on the fourth monday in October next, and on or before the sixty day thereof answer the petition of said plaintiff the same will be taken against him as confessed.
**Hiram Shaw, Plaintiff. vs. Henry Stoddard, Defendant.**
By within consent of the parties herein, leave is given said defendant to withdraw form the files in this cause, the depositions of Daniel W. Morgan and Arva his wife, taken in the State of New York on the part of said plaintiff.
**William D. Haughtaling, Plaintiff. vs. Sylvester W. Ball, et. al. Defendants.**
Motion to strike out amended Petition filed.
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**Viewer Page 354** (rcdbook1855_25_0353.jpg)
> Handwritten Page Number on Record Book: 346
**March Term 1856.**
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective Attorneys, and thereupon the trial of this cause progressed but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
**Henry Blaksley, Plaintiff. vs. Benjamin W. Sharp, Defendant.**
Motion to dissolve Injunction filed.
Jean France Didier and Pierre Willemin, natives of France who apply to be citizens of the United States, come and prove to the satisfaction of the Court that they have resided in the United States for as least five years and in the State of Missouri at least one year, immediately proceding this application; during which time they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United States, concerning the naturilization of foreigners, and they declaring here, in Open Court, upon oath, that they will support the Constitution of the United States, and that they do entirely and absolutely, renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever and particularly to the Empour of France of whom they are as present subjects, therefore the said Jean France Didien and Puine Willemin are admitted Citizens of the United States of America.
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**Viewer Page 355** (rcdbook1855_25_0354.jpg)
> Handwritten Page Number on Record Book: 347
**March Term 1856. Thursday March 27th 1856.**
The Court met pursuant to adjournment, Present as before.
Xavier Blum, a native of Germany aged twenty three years, and Constantine Schenerr a native of Germany aged twenty one years, who apply to be admitted Citizens of the United States, come and prove to the satisfaction of the Court, the said Caver Blum by the testimony of Joseph Wille and John Pifer two credible witnesses, citizens of the United States, and the said Constantine Scherr by the testimony of Alfred Baer and Barbara Schnerr, two credible witnesses Citizens of the United States, that they [have ?] arrived in the United States miners, under the age of eighteen years, that they have resided in the United States, for at least five years including the years of his minority, and in the State of Missouri at least one year immediately preceding this application, during which time they have conducted themselves at men 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 said applicants declaring herein open court, upon oath, that for three years last past, it has been, bona fide, their intention to become Citizens of the United States, and they declaring also, upon oath, that they will support the Constitution of the United States, and that they do 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 Bavaria of whom they are at present subjects, therefore the said Caver Bliem and Constantine Schnerr are admitted Citizens of the United States, of America.
**Hull R. Jackson, Plaintiff. vs. Turner Maddox, Defendant.**
Now at this day comes said plaintiff by his attorney, and files his petition and affidavit, claiming the possession of certain personal property therein described, and the court upon hearing and considering the same, doth order that said defendant deliver said property to this Coroner of St. Louis County and upon his failing so to do, that said Coroner to take said property from said defendant and deliver the same to said plaintiff.
Henry Pilcher and William Hall, natives of England, Edmund Burke a native of Ireland, and Frank Dausch, August Fritchle, and Edward Schecke, natives of Germany, who apply to be admitted Citizens of the United States, come and prove to the satisfaction of the Court, that they have resided in the United States for at least five years, and in the State of Missouri at least one year immedeately proceding this application; during which time they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United States, concerning the naturalization of foreigners, and they declaring here, in open court, upon oath, that they will support the Constitution of the United States, and that they entirely and absolutely, renounce and abjure, forever, all allegation and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly the said Henry Pilcher, William Hall and Edmund Burke to the Queen of Great Britian and Ireland of whom they are at present subjects, the said Frank Dausch to the King of Bavaria of whom he is at present a subject, the said August Fritchle to the Grand Duke of Baden of whom he is at present a subject, and the said Edward Schrekete the King of Prussia of whom he is at present a subject, therefore the said Henry Pilcher, William Hall, Edmend Burke, Frank Dausche, August Fritchle and Edward Schocke are admitted Citizens of the United States of America.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, et. al. Defendants.**
Now at this day come again the parties of are said by their respective attorneys, and thereupon the trial of this cause progressed but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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> Handwritten Page Number on Record Book: 348
**March Term 1856. Friday March 28th 1856.**
The Court mis pursuant to adjournment, Present as before.
Lorenz Ambuster a native of Germany, and Daniel Pollard a native of Ireland, who apply to be admitted Citizen of the United States, come and prove to the satisfaction of the Court that they have resided in the United States for at least five years, and in the State of Missouri at least one year immediately proceding this application during which time they have conducted themselves as men 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 applicants have taken the preparatory steps required by the laws of the United States concerning the naturilization of foreigners, and they declaring here, in Open Court, upon oath, that they will support the Constitution of the United States, and that they do entirely and absolutely, renounce and abjure, forever, all allegiance and fidelity to every foreign Power, Prince, State and Sovereignty whatsoever, and particularly the said Lorenz Ambruster to the Grand Duke of Baden of whom he is at present a subject, and the said Daniel Pollard to the Queen of Great Britain and Ireland of whom he is at present a subject, therefore the said Lorenz Ambruster and Daniel Pollard are admitted Citizens of the United States of America.
**James Yond & Robert L. Jones, Plaintiffs. vs. Maria F. Brooks & Richard F. Barry, Administraters Peter Brooks, deceased, Defendants.**
Satisfaction.
Now as this day come said plaintiffs by their Attorney and acknowledge to have received full and entire satisfaction of the judgment heretofore rendered herein.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective Attorneys, and thereupon the trial of this cause progressed, but not being concluded, further proceedings herein are continued until to-morrow morning.
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**Viewer Page 357** (rcdbook1855_25_0356.jpg)
> Handwritten Page Number on Record Book: 349
**March Term 1856. Saturday March 29th 1856.**
The Court met pursuant to adjournment, Present as before.
Patrick German, a native of Ireland aged twenty four years, who applies to be admitted Citizens of the United States, come and prove to the satisfaction of the Court, by the testimony of Andrew Harty and James German, two credible witnesses, citizens of the United States, that he arrived in the United States a minor, under the age of eighteen years, that they have resided in the United States, for at least five years including the years of his minority, and in the State of Missouri at least one year immediately preceding this application, during which time they have conducted himself as a man of good moral character; attached to the principals of the Constitution of the United States, and well disposed to the good order and happiness of the same: and the said applicant declaring herein Open Court, upon oath, that for three years last past, it has been, bona fide, his intention to become citizens of the United States, and he declaring also, 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 the Queen of Great Britian and Ireland of whom he is present subject, therefore the said Patrick German is admitted a Citizen of the United States of America.
John Lanagan, a native of Ireland, who applies to be admitted a citizens of the United States, come and proves to the satisfaction of the court, that they have resided in the United States for at least 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 principals 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 Unites 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 the Queen of Great Britian and Ireland of whom he is present a subject, therefore the said John Lanagan is admitted a Citizen of the United States of America.
**Elizabeth A. Kneves, Plaintiff. vs. William H. Kneves, Defendant.**
Motion to set aside default and for leave to answer filed.
**John B. Perkins, Plaintiff. vs. Edward Chase, et. al. Defendants.**
Abstract filed.
**John Mc. Dowell, et. al. Plaintiffs. vs. Francis A. Hunt, et. al. Defendants.**
Abstract filed.
**Atreus J. Mc. Crury, et. al. Plaintiffs. vs. Francis A. Hunt, et. al. Defendants.**
Abstract filed.
**Joseph B. Wills, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
**Edward V. Bryan, et. al. Plaintiff. vs. Edward St. Michel, Defendant.**
Abstract of issues in case of Interpleader filed.
**Louisa J. Kellam, Plaintiff. vs. Charles D. Kellam, Defendant.**
Dismissal.
On motion of the plaintiff by her attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Nathan H. Stockwell, Plaintiff. vs. Luther Woods, Defendant.**
On motion of the plaintiff by his attorney, it is ordered by the court that a Dedimus issue herein on the part of said plaintiff to the State of New York.
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**Viewer Page 358** (rcdbook1855_25_0357.jpg)
> Handwritten Page Number on Record Book: 350
**March Term 1856. Saturday March 29. 1856.**
**Enoch C. Broun, Plaintiff. vs. Lerenzo P. Sanger, James Y. Sanger, Hart L. Stewart, William Truesdale & Isrwin Camp, Defendants.**
Dismissal.
The Plaintiff having failed to file security for costs sherein in compliance with the order heretofore made herein, it is, on motion of the defendants by their Attorney, ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**John G. Luce, Plaintiff. vs. Lounzs P. Sanger, James G. Sanger, Hart L. Stewart, William Trusdale & Irwin Camp, Defendants.**
Dismissal.
The Plaintiff having failed to comply with the order heretofore made herein, requiring him to give security for the costs herein, it is, on motion of the defendants by their Attorney Ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**David H. Bishop, Plaintiff. vs. Reuben Bartlett & Thomas Dickins, Defendants.**
Dismissal.
On motion of the plaintiff by his Attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff, and that execution issue therefor. and leave is given said plaintiff to withdraw the contract on which this suit is founded.
**William A. Mead, Henry C. Mead, & Benjamin W. Mead, Plaintiffs. vs. Daniel Sweeney, Defendant.**
Dismissal.
On motion of the plaintiffs by their Attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Emily Robinson, Plaintiff. vs. William C. Robinson, Defendant.**
Order of Publication.
The Sheriff having made return that said defendant cannot be found, and the Court being satisfied that said defendant cannot be served with process, it is, on motion of said plaintiff by her Attorney, ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against him in the St. Louis Circuit Court, the object of which is to obtain a divorce from him on the ground of adultery and desertion, and that unless he be and appear as the next term of said Court to be begun and held as the City of St. Louis, within and for the County of St. Louis in the State of Missouri, on the fourth Monday in October next, and on or before the sixth day of said term answer the petition of said plaintiff the same will be taken against him as confessed.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective Attorneys, and thereupon the trial of this cause progressed, and the evidence being concluded, further proceedings herein are continued until Tuesday morning next.
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**Viewer Page 359** (rcdbook1855_25_0358.jpg)
> Handwritten Page Number on Record Book: 351
**March Term 1856. Monday March 31st 1856.**
The Court met pursuant to adjournment, Present as before.
**The State of Missouri to use of Richmond I. Curle's Admr. Plaintiff. vs. George Marshall, et. al., Defendants**
Demurrer by defendant Kenneth Mackenzie filed.
**William Jones, Plaintiff. vs. James Ryan, Defendant.**
Judgment by default.
Now at this day come said plaintiff by his attorney, but said defendants although duly summoned and called, come not but makes default, wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed; and the plaintiff waiving a Jury submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff is entitled to the possession of the property in his petition mentioned, and that he has sustained damage by reason of the premises set out in his petition in the sum of one cent. It is therefore consider and adjudged by the Court that said plaintiff have and retain the possession of the property aforesaid and which was delivered to him in compliance with the order in the at behalf made at the time of the commencement of this suit, and that he recover of said defendant his damages aforesaid in form as found and also his costs and charges herein expended and have thereof execution.
**Martin Kerigan, Plaintiff. vs. Anthony Tiernon, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury, to wit: F. Marrsmer, Charles Sennewald, Henry Schaffer, William Pitcher, Henry Burgesch, James Mc. Grath, Jacob Rhodes, William Heeps, Fred B. Walton, Giles Bradford, and Carter Moss, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to by the issues joined between the parties aforesaid, the trial of this cause progressed and being concluded the Jury aforesaid upon their oats aforesaid find for the plaintiff in the sum of One hundred and ninety dollars and thirty four cents, damages. It is therefore considered and adjudged by the court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid by the Jury found and also his costs and charges herein expended and have thereof execution.
**The Washington Insurance Company of Cincinnati, Plaintiff. vs. John Jolly, Alsabid Jolly, Sobieska Jolly & Francis Baily, Defendants.**
Dismissal.
On motion of the plaintiff by its attorney, it is ordered by the court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**The Fireman's Insurance Company of Cincinnati, Plaintiff. vs. Alsabid Jolly, Sebeska Jolly, John Jolly, & Francis Baily, Defendants.**
Dismissal.
On motion of the plaintiff by its attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**In the matter of the assignment of George K. Budd.**
Motion to discharge assignee and cancel Bond filed.
**Richard W. Walton, Plaintiff. vs. James Pellaux, Garnishee of David Francis & Robert R. Walton, Defendant.**
Judgment.
Now at this day comes again said plaintiff by his attorney, and waiving a Jury submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that at the time of the service of the Garnishment herein, the said Garnishee was indebted to the David Francis and Robert R. Walton in the sum of Three hundred dollars. It is therefore considered and adjudged by the court that said plaintiff recover of said Garnishee the sum aforesaid in form aforesaid as found, and have thereof execution.
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**Viewer Page 360** (rcdbook1855_25_0359.jpg)
> Handwritten Page Number on Record Book: 352
**March Term 1856. Monday March 31st 1856**
**James C. Musick, Plaintiff. vs. John Fricke, Defendant.**
Judgment.
Now at this day comes again said plaintiff by his attorney, and waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff has sustained damage by reason of the premises set out in his petition the sum of Two hundred and seventy five dollars and eighty three cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs charges herein and expended and have thereof execution.
**Catharine Lyons, Plaintiff. vs. John H. Lyons, Defendant.**
Divorce. Decree.
Now at this day comes again said plaintiff by her attorney, and waiving a Jury, submits this cause to the court upon the pleadings and proofs, and the court having duly heard and considered the same, doth find from such proofs that said plaintiff is an innocent and injured person. It is therefore considered, adjudged and decreed by the court that said plaintiff be absolutely and forever divorced from the bond of matrimony by her contracted with said defendant and be restored to all the rights and privileges of an unmarried person, and that she recover of said defendant her costs and charges herein expended and have thereof execution, and it is further ordered, adjudged and decreed by the Court that said plaintiff have and retain, until the further order of this Court, the care and custody of her two infant children Julia Anna Lyons and Michael Hayden Lyons.
**Emilie Mc. Donough, Plaintiff. vs John Mc. Donough, Defendant.**
Divorce. Decree.
Now at this day comes again said plaintiff by her attorney, and waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff is an innocent and injured person. It is therefore considered, adjudged and decreed by the Court that said plaintiff be absolutely and forever divorced form the bond of matrimony by her contracted with said defendant and be restored to all the rights and privileges of an unmarried person, and recover of said defendant her costs and charges herein expended and have thereof execution.
**George W. Fuller, Plaintiff. vs. David Rees, Defendant.**
On motion of the plaintiff by his attorney, it is ordered by the Court, that a Dedimus issue herein on the part of the said plaintiff to the State of Illinois.
**Robert Duncan, Plaintiff. vs. Michael Finnegan, Defendant.**
Continued on application of plaintiff.
**Joseph B. Wills, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Continued at costs of plaintiff.
**John W. Burd, Plaintiff. vs. Primus Emerson, Defendant.**
Continued by consent.
**Joseph Street, et. al. Plaintiffs. vs. John Bray, Defendant.**
Continued by Plaintiffs.
**James Andrews, Plaintiff. vs. Barney M. Lynch, Defendant.**
Answer filed.
**John A. Ubsdell, Charles Pierson, William Barr & James Duncan, Plaintiffs. vs. James Gallagher, Defendant.**
Judgment.
Now at this day comes again said plaintiff by their attorney, and waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiffs have sustained damage by reason of the premises set out in their petition in the sum of Fourteen hundred and fifty four dollars and twelve cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs charges herein expended and have thereof execution.
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**Viewer Page 361** (rcdbook1855_25_0360.jpg)
> Handwritten Page Number on Record Book: 353
**March Term 1856. Monday March 31st 1856.**
**John A. Ubsdell, Charles Pierson, William Barr & James Duncan, Assignees of H.D. Cunningham & Co. Plaintiffs. vs. Thomas Quinn, Defendant.**
Judgment.
Now at this day come again said plaintiffs by their attorney, and waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff have sustained damage by reason of the premises set out in his petition the sum of Six hundred and twenty five dollars. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs charges herein and expended and have thereof execution.
**John A. Ubsdell, Charles Pierson, William Barr, & James Duncan, Assignees of H. D. Cunningham & Co. Plaintiffs. vs. John Malloy, Defendant.**
Judgment.
Now at this day come again said plaintiffs by their attorney, and waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff have sustained damage by reason of the premises set out in his petition the sum of Five hundred and one dollars and forty four cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs charges herein and expended and have thereof execution.
**John A. Ubsdell, Charles Pierson, William Barr & James Duncan, Assignees of H.D. Cunningham & Co. Plaintiffs. vs. Patrick Kenney, Defendant.**
Judgment.
Now at this day come again said plaintiffs by their attorney, and waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff have sustained damage by reason of the premises set out in their petition the sum of Four hundred and four dollars and thirty eight cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs charges herein and expended and have thereof execution.
**John A. Ubsdell, Charles Pierson, William Barr, & James Duncan, Plaintiffs. vs. Charles Carr & Andrew Carr, Defendants.**
Judgment.
Now at this day come again said plaintiffs by their attorney, and waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff have sustained damage by reason of the premises set out in their petition the sum of Nine hundred and sixty eight dollars and twenty seven cents. It is therefore considered and adjudged by the court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs charges herein and expended and have thereof execution.
**John A. Ubsdell, Charles Pierson, William Barr & James Duncan, Assignee of H.D. Cunningham & Co. Plaintiffs. vs. James Gallagher, Defendants.**
Judgment.
Now at this day come again said plaintiffs by their attorney, and waiving a Jury, submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff have sustained damage by reason of the premises set out in their petition the sum of Seventeen hundred and ninety three dollars and forty three cents. It is therefore considered and adjudged by the court that said plaintiffs recover of said defendant and the sum aforesaid in form aforesaid as found and also their costs charges herein and expended and have thereof execution.
**John A. Ubsdell, Charles Pierson, William Barr & James Duncan, Assignees of H.D. Cunningham & Co. Plaintiffs. vs. Michael Doon, Defendant.**
Judgment.
Now at this day come again said plaintiffs by their attorney, and waiving a Jury, submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff have sustained damage by reason of the premises set out in their petition the sum of Two hundred and seventy one dollars and eighty five cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs charges herein and expended and have thereof execution.
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**Viewer Page 362** (rcdbook1855_25_0361.jpg)
> Handwritten Page Number on Record Book: 354
**March Term 1856. Tuesday April 1st 1856.**
The Court mis pursuant to adjournment, Present as before.
**The State of Missouri, Plaintiff. vs. George Stephans and Michael Stephans, Defendants.**
Indictment for Rioting.
Now at this day comes the Circuit Attorney who prosecutes for the State, and by leave of Court, says he will not further prosecute the said indictment against the said defendants, but voluntarily discontinues the same; it is therefore considered by the Court that said defendants be discharged there from, and go hence without day.
**Catharina Stow, Plaintiff. vs. David Stow, Defendant.**
Divorce. Decree.
Now at this day comes again said plaintiff by her Attorney, and waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff is an innocent and injured person. It is therefore considered, adjudged and decreed by the Court that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said plaintiff, and be restored to all the rights and priviliges of an unmarried person, and that she recover of said defendant her costs and charges herein expended and have thereof execution.
**James J. Soveringen, et. al. Plaintiff. vs. Havard F. Christy, et. al. Defendants.**
On motion of the plaintiffs by their Attorney, it is ordered by the Court that an Alias Scire facias issue herein to being in the legal representatives of Thomas A. Wright, deceased, viz: William F. Wright, Orleana Schaumberg, Mary F. Glasgow, and Martha Ann Wells; and also that an Alias Seire facias issue herein to being in Susan Prestpm Cjrostu. Widow of Howard F. Christy, deceased, returnable to the next time of this Court, and this cause is continued until the next term of this Court.
**Christoph Frenz, Plaintiff. vs. Anna Maria Frenz, Defendant.**
Motion to set aside default & for leave to Answer filed.
George Henderson, who is personally known to the Court, comes into Open Court, and acknowledges the execution by him of a Deed of Emancipation to a negro man slave named Tinly Lucas.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, et. al. Defendants.**
Now as this day come again the parties aforesaid by their respective Attorneys, and thereupon the Argument herein pregressed, but not being concluded as the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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**Viewer Page 363** (rcdbook1855_25_0362.jpg)
> Handwritten Page Number on Record Book: 355
**March Term 1856. Wednesday April 2nd 1856.**
The Court mis pursuant to adjournment, Present as before.
**William H. Hackett, Plaintiff. vs. John Simonds, Henry L. Patterson & James H. Lucas garnishus of George J. Brady & Horace D. Brady, Defendants.**
The plaintiff having failed to reply to the answer of the garnishus filed herein, it is, on motion of said garnishus by their Attorney, ordered by the Court that they be discharged from the garnishment therein as the costs of said plaintiff, and the Court allows to said garnishus for their trouble and expense in answering herein, the sum of Ten dollars, to be taxed as costs herein.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, et. al. Defendants.**
Now as this day come again the parties aforesaid by their respective Attorneys, and thereupon the Argument herein progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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**Viewer Page 364** (rcdbook1855_25_0363.jpg)
> Handwritten Page Number on Record Book: 356
**March Term 1856. Thursday April 3rd 1856.**
The Court mis pursuant to adjournment, Present as before.
**Martin Kerigan, Plaintiff. vs. Anthony Trirnon, Defendant.**
Motion and affidavit for now trial filed.
**Daniel Brady, Plaintiff. vs. Patrick Conway, Defendant.**
On motion of the plaintiff by his Attorney, it is ordered by the Court that an Alias Summons issue herein returnable to the next term of this Court.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective Attorneys, and thereupon the Argument herein progressed and being concluded, the Court not being fully advised of and concerning the premises, takes time to consider thereof.
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**Viewer Page 365** (rcdbook1855_25_0364.jpg)
> Handwritten Page Number on Record Book: 357
**March Term 1856. Friday April 4. 1856.**
The Court mis pursuant to adjournment, Present as before.
**Christina Owens, Plaintiff. vs. Elias Owens, Difendant.**
Default.
Now at this day comes said plaintiff by her Attorney, but said defendant although duly notified and called, comes not but makes default, wherefore on motion of said plaintiff by her Attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed, and this cause is continued until the next term of this Court.
**Clara C. Dunham, Plaintiff. vs. Bernard B. Dunham, Defendant.**
Divorce. Decree.
Now at this day comes again said plaintiff by her Attorney, and waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff is an innnocent and injured person. It is therefore considered, adjudged and decreed by the Court that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant, and be restored to all the rights and priviliges of an unmarried person, and that she recover of said defendant her costs and charges herein expended and have thereof execution.
**Edward V. Bryan, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
On Interpleader of Francis A. Hunt. Continued by consent.
**Francis Charleson, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
On Interpleader of Francis A. Hunt. Continued by consent.
**William Lottimer, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
On Interpleader of Francis A. Hunt. Continued by consent.
**In the matter of the assignment of Alenzs Newell & Alner Hitchcook.**
Motion to allow claim of Hartnett & Taylor filed.
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**Viewer Page 366** (rcdbook1855_25_0365.jpg)
> Handwritten Page Number on Record Book: 358
**March Term 1856. Saturday April 5. 1856.**
The Court mis pursuant to adjournment, Present as before.
**Thomas H. Bate, Plaintiff vs. W. Seelye, Garnishee of Thomas G. Stewart. Defendant.**
Ten days additional time given garnishee to answer herein.
**William D. Houghtaling, Plaintiff. vs. Sylvester W. Ball, et. al. Defendants.**
The Court having duly heard and considered the motion to strike out the Amended Petition herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be overruled. Twenty days time given defendants to file answer to amended Petition.
**Elizabeth A. Knwes, Plaintiff. vs. William H. Kneves; Defendant.**
Continued.
**Frederick Gelfart, et. al. Plaintiffs. vs. John Stickel, Defendant.**
Continued.
**William H. Anderson, et. al. Plaintiffs. vs. James S. Chew, garnishee Defendant.**
Continued.
**James M. Skelton, Plaintiff. vs. Mary Ann Skelton, Defendant.**
Continued.
**Presley Athey, Plaintiff. vs. David R. Risley, Defendant.**
Continued.
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**Viewer Page 367** (rcdbook1855_25_0366.jpg)
> Handwritten Page Number on Record Book: 359
**March Term 1856. Monday April 7th 1856.**
The Court mis pursuant to adjournment, Present as before.
**In the matter of William H. Almedia.**
Substitution of Trustee.
It appearing to the satisfaction of the Court from the statement of William H. Almendia, duly verified by affidavit, that Thomas Reyburn Trustee of a certain Deed of Trust, Recorded in the Recorder's Office of St. Louis County in Book 2. 6. page 324, has removed out of the State of Missouri, without having completed the performance of the duties imposed on him by said deed of trust. It is therefore ordered that Turner Maddox, Esquire, Sheriff of St. Louis County, be and he is hereby appointed and substituted Trustee in place of said William H. Almedia, with the like trusts and powers, according to the statute in such cases made and provided.
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**Viewer Page 368** (rcdbook1855_25_0367.jpg)
> Handwritten Page Number on Record Book: 360
**March Term 1856. Tuesday April 8th 1856.**
The Court mis pursuant to adjournment; Present as before.
**Joseph A. Leonard, Plaintiff. vs. George Wood, Defendant.**
On motion of the defendant by his Attorney, it is ordered by the Court that a Dedimus issue herein on the part of said defendants to the State of New York.
**James M. Lyon, and Anna Marie his wife, John S. Mc. Cune & Peter L. Vandeventer, Plaintiffs. vs. Joseph S. Hull, and Elizabeth his wife, Louisa Banks Hull, & Julia N. Moore, and George Hull her guardian. Defendants.**
Dismissal.
On motion of the plaintiffs by their Attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Jacob A. Barker, Plaintiff. vs. William Truesdail; Defendant.**
On motion of the defendant by his Attorney, leave is given him to file a Supplemental Answer herein, the same to be subject to all legal exceptions on the part of the plaintiff. Supplemental Answer filed.
**Farmer's &. Muchant's Bank of Memphis, Plaintiff. vs. Kennedy Lonergan's Administrative, Defendant.**
Continued by Consent.
**William Volland's Admr. Plaintiff. vs. Henry Frahm, Defendant.**
Agreed case filed.
**Michael Haley, Plaintiff. vs. The Pacific Rail Road, Defendant.**
Now at this day come the parties aforesaid by their respective Attorneys, and the plaintiff confesses all and singular the causes of demurrer in the defendant's demurrer herein contained, and on motion of the said plaintiff, leave is given him to file an Amended Petition herein within twenty days from this date.
**Peter Sue, Plaintiff. vs. The Pacific Rail Road, Defendant.**
The Court having duly heard and considered the motion for security for costs herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained, and doth order that said plaintiff give security for costs herein within twenty days from this date.
**David Y. Bridges, et. al. Plaintiff. vs. John W. Hedenberg, Defendant.**
Now at this day come the parties aforesaid by their respective Attorneys, and the plaintiffs confess all and singular the causes of demurrer in the defendant's demurrer herein contained, and on motion of said plaintiffs, leave is given them to file an Amended Petition herein within twenty days from this date.
**Elizabeth A. Kneves, Plaintiff. vs. William H. Kneves, Defendant.**
The Court having duly heard and considered the motion to set aside the default herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be sustained, and leave is given said defendant to file an answer herein within twenty days from this date.
**Wilhelmena Budde, Administratrix of Caspar Budde, deceased, Plaintiff. vs. Thomas Allen, Deceased.**
Now at this day comes the Attorney for the plaintiff, and suggests to the Court that since the last proceedings herein, the letters of administration granted to the said Wilhelmina Budde have been revoked, and that John Welke has been appointed Administrater de bonis non of said Caspar Budde, whereupon the said John Nelke administrator as aforesaid, enters his appearance as party plaintiff herein.
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**Viewer Page 369** (rcdbook1855_25_0368.jpg)
> Handwritten Page Number on Record Book: 361
**March Term 1856. Tuesday April 8th 1856.**
**John Nelke, Administrator de bonis non of Caspar Budde, deceased, Plaintiff. vs. Thomas Allen, Defendant.**
Judgment.
Now at this day comes the plaintiff by his Attorney and the defendant in his proper person, and waiving a Jury, submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs, that said defendant is indebted to said plaintiff in the sum of Four hundred and seventy one dollars and twenty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and have thereof execution, and by consent of parties it is ordered by the Court that the plaintiff pay the costs of this proceeding.
**Christoph Frenz, Plaintiff. vs. Anna Maria Frenz, Defendant.**
Divorce. Decree.
Now at this day comes again the plaintiff by his attorney, and the Court having duly heard and considered the motion to set aside the default herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled; and thereupon the plaintiff waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff is an innocent and injured person. It is therefore considered, adjudged and decreed by the Court that said plaintiff be absolutely and forever divorced from the bonds of matrimony by him contracted with said defendant and be restored to all the rights and priviliges of an unmarried person, and it is further ordered, adjudged and decreed by the Court that said plaintiff have and retain the care and custody of his infant child Gustar Adolph Frenz, until the further order of the Court, and that he pay the costs of this proceeding, and that execution issue therefor.
**John S. Mc. Cune & Peter L. Van Deventer, Plaintiffs. vs. James M. Lyon & Anna M. Lyon, Defendant.**
Petition for leave to bid at sale.
Upon the presentation of the petition of said Mc. Cune & Van Deventer, praying leave to bid and purchase at a sale to be made by them of all the interest of James M. Lyon and Anna M. Lyon his wife as public auction, in and to the tract of land in their petition described, as a tract of land of One and one half arpens in front by forty in depth, in the Grand Prairie Common Fields, known as United States Survey Number Fifteen hundred and ninety one, excepting therefrom a smaller piece of 3 93/100 acres assigned to George W. Putnam, being the same lands assigned to said Mc. Cane & Van Devonter, in a certain suit of partition in the St. Louis Land Court, wherein Julia N. Moore was plaintiff and Joseph S. Hull and wife and said petitioners and said Lyon and wife were parties, as by reference there to will appear. And is appearing that the interest of said Lyon and wife in said lands will be exposed to great sacrifice at any sale of said lands, unless the petitioners be allowed to bid and purchase at the sale they are required to make by the terms of the bond in the petition referred to, And it also appearing, that said James M. Lyon has assented to the granting permission to said petitioners to bid at said sale; and that the said Anna M. Lyon has been duly notified of this application. The Court doth order and adjudge that the said Mc. Cane & Vom Doventer, at the sale to be made by them at public auction, in accordance with the terms of the bond in the petition referred to, upon appointing an Auctioneer free of all exception, be permitted to bid as said sale and to purchase said property or any portion thereof, if they be the highest and best bidders thereat. And that said petitioner make report to this Court of their proceedings under this order.
**In the matter of the assignment of Alonzs Newell & Alner Hitchcock.**
The Court having duly heard and considered the motion of John Hartnett & Thomas M. Taylor, for the allowance of their claim against the assignees herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
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**Viewer Page 370** (rcdbook1855_25_0369.jpg)
> Handwritten Page Number on Record Book: 362
**March Term 1856. Wednesday April 9th 1856.**
The Court mis pursuant to adjournment, Present as before.
**Martin Kerigan, Plaintiff. vs. Anthony Jeirnon, Defendant.**
The Court having duly heard and considered the motion for a new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
**Jane Ann Kruse, Plaintiff. vs. Adolph Kruse, Defendant.**
Judgment.
Now at this day comes again the plaintiff by her Attorney, and waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth consider and adjudge that this cause be dismissed, and doth order that the defendant pay the costs of this proceeding and that execution issue therefor.
**Thernton Kinney, (of Color.) Plaintiff. vs. John F. Hatcher & Charles C. Bridges, Defendants.**
The Court having duly heard and considered the motion to reinstate this cause on the docket, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
**Thomas Murduck, et. al. Plaintiffs. vs. Jonathan C. Havens, Garnishee, Defendant.**
Answer of garnishee filed.
**North Missouri Rail Road, Plaintiff. vs. John J. Schroeder, Defendant.**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon the Court having duly heard and considered the Motion to confirm the Report of the Commissioners herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be sustained, and that said Report be confirmed in all things, and it appearing to the Court from said Report, that said Commissioners have ascertained and determined the compensation to which said defendant is entitled for the following real estate, and the improvements thereon, taken by said plaintiff, to wit:being part of a lot of ground owned be said Schroeder in Block Number Eleven (11) of the town of Bremen that is to say, forty fees off the East front of said lot, described by boundary lines as follows: Beginning at the south east corner of said lot, in the west line of Second Street, distant fifty fees southwardly from the north east corner of said Block number eleven, thence westwardly, with the South line of said lot, forty feet, thence northwardly, a line parallel with the west line of Second street, to the South line of Mallinkrods street, thence Eastwardly with said last mentioned line to the north east corner of said Block number eleven, thence southwardly with the west line of second street, fifty feet, to the beginning: and that the compensation so ascertained is the sum of Thirteen hundred and fifty dollars. It is therefore considered and adjudged by the Court that said defendant recover of the said plaintiff the damages aforesaid in form aforesaid as by the Commissioners assessed, and also his costs and charges herein expended and have thereof execution; and it is further ordered, adjudged and decreed by the Court that said plaintiff have a fee simple title in and to the real estate above described; and the Commissioners filing with their Report an account, claiming, for this services herein, as follows, John G. Preist, Five dollars, James G. Barry, Five dollars, Henry Overstoltz, Five dollars, which is by the Court, allowed them, and ordered to be taxed as costs herein.
**Christoph Frenz, Plaintiff. vs. Anna Maria Frenz, Defendant.**
Motion to set aside Decree for Divorce filed.
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**Viewer Page 371** (rcdbook1855_25_0370.jpg)
> Handwritten Page Number on Record Book: 363
**March Term 1856. Saturday April 12th 1856.**
The Court mis pursuant to adjournment, Present as before.
**St. Louis & Iron Mountain Railroad Company, Plaintiffs. vs. Heirs of Michael Peters, Defendants.**
Certification of Deposit filed. & motion for execution withdrawn by defendants.
**Jane Ann Kruse, Plaintiff. vs. Adolph Kruse, Defendant.**
Motion for re-hearing filed.
**State to use James J. Soveringen &c. Plaintiffs. vs. Mark Moss, et. al. Defendants.**
Argument filed, and continued by consent.
**Millicent L. Sawtelle, Plaintiff. vs. George K. Budd, garnishee, Defendant.**
Allegations & Interrogations filed by leave of Court.
**Asa S. Jones & Eleazer Sherman, Plaintiffs. vs. William H. Timberlake, garnishee of Daniel A. Million, Defendant.**
The Demurrer to the amended allegations & Interregatnees herein, having been theretofore sustained, and the plaintiffs having failed to take any further steps herein, it is, on motion of said garnishee by his Attorney, ordered by the Court, that he be discharged as such at the costs of the plaintiffs, and that execution issue therefor, and the Court allow said garneshee the sum of Ten dollars for his trouble and expense in answering herein, the same to be taxed as costs herein.
**William R. Robinson, Plaintiff. vs. William Segirson, Defendant.**
Abstract of issues filed.
**Christoph Frenz, Plaintiff. vs. Anna Maria Frenz, Defendant.**
Motion and reasons for attachment filed.
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**Viewer Page 372** (rcdbook1855_25_0371.jpg)
> Handwritten Page Number on Record Book: 364
**March Term 1856. Monday April 14th 1856.**
The Court met pursuant to adjournment, Present as before.
**The Ohio Life Insurance & Trust Company of Ohio, Plaintiff. vs. George Trowbrige & John G. Priest, Defendants.**
Dismissal.
The plaintiff having failed to amply with the order made on the tenth day of December last, requiring it to pay all the costs herein within twenty days from that date, it is therefore, on motion of said defendants by their attorney, ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**James Stevens, Plaintiff. vs. Richard D. Teeters & Elisha W. Stevens, Defendants.**
Satisfaction.
Now at this day comes said plaintiff in his proper person, and acknowledges to have received full and entire satisfaction of the judgment heretofore undered herein.
Stephen Ridgely, who is personally known to the Court, comes into Open Court and acknowledges the execution by him of a Deed of Emancipation to his negro man, named Squire Duncan.
**Henry Ashbrook Jr, Plaintiff. vs. O. H. Pratt, Defendant.**
Amended and supplemental petition filed by leave of Court.
**John S. Mc. Cune, et. al. Plaintiffs. vs. Joseph S. Hull, et. al. Defendants.**
Report of Commissioner filed.
**Robert Patterson, et. al. Plaintiffs. vs. John B. Camden, Defendant.**
Continued.
**George J. Murray, Plaintiff. vs. Eli Lofton, et. al. Defendants.**
Continued by consent.
**Norman Cutter, Plaintiff. vs. M. A. Childress, et. al. Defenants.**
Continued by consent.
**Dred Scott, Plaintiff. vs. Irene Emerson, Defendant.**
Continued.
**Luther C. Clark. Plaintiff. vs. John Maquire, Defendant.**
Continued.
**The Bank of the State of Missouri, Plaintiff. vs. Loring Pickering, et. al. Defendants.**
Continued.
**Julia Meriss, Plaintiff. vs. James K. Philiber, Defendant.**
Continued.
**Thomas Allen, Plaintiff. vs. City of St. Louis, et. al. Defendants.**
Continued.
**Francis P. Blair Jr. Plaintiff. vs. Peter Lindell, et. al. Defendants.**
Continued.
**Francis P. Blair Jr. Plaintiff. vs. Charles Scheulte, Defendant.**
Continued.
**Francis P. Blair Jr. Plaintiff. vs. William H. Beloher, et. al. Defendants.**
Continued.
**Michael Murphy, Plaintiff. vs. Benjamin F. Hickman, Defendant.**
Continued.
**Asa Vail, Plaintiff. vs. Alfred Potts, et. al. Defendants.**
Motion by defendant for another bond & security, and to dismiss suit filed.
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**Viewer Page 373** (rcdbook1855_25_0372.jpg)
> Handwritten Page Number on Record Book: 365
**March Term 1856. Monday April 14. 1856.**
**Margaret Thomas, Plaintiff. vs. Charles R. Anderson, Defendant.**
Non Suit.
Now at this day this cause being called for trial, said plaintiff although solemnly called, comes not, wherefore on motion of said defendant by his Attorney, it is ordered by the Court that said plaintiff be non suited. It is therefore considered and adjudged by the Court that said plaintiff take nothing by her said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof execution.
**Isaac J. Greene, Plaintiff. vs. Dennis Marks, et. al. Defendants.**
Continued by consent.
**Henry Clarkson, Plaintiff. vs. James Clarkson, Defendant.**
Non Suit.
Now at this day this cause being called for trial, said plaintiff although solemnly called, comes not, wherefore on motion of said defendant by his Attorney, it is ordered by the Court that said plaintiff be non-suited. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof execution.
**James D. Pack, et. al. Plaintiffs. vs. John M. Wimer, Defendant.**
Abstract filed.
**John W. Greene, Plaintiff. vs. Ellen Dickson, Defendant.**
Abstract filed.
**Jane Casey, et. al. Plaintiffs. vs. Louis Wynklemier, et. al. Defendants.**
By consent of parties, it is ordered by the Court that the Sheriff of St. Louis County, summon twenty four good and lawful men to appear before this Court on Wednesday the twenty third instant at 9 o'clock a.m. out of whom to empannel a Jury in this cause.
Ann E. Lane, who is personally known to the Court, comes into open Court and acknowledges the execution by her of a Deed of Emancipation to a negroman named Frederick Smith aged about Forty years.
**St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. Heirs of Michael Peters, Defendant.**
Release of dowen interest by Odelia Peters to her children, and Bond of Fred Peters as guardian ad litem filed.
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**Viewer Page 374** (rcdbook1855_25_0373.jpg)
> Handwritten Page Number on Record Book: 366
**March Term 1856. Tuesday April 15th 1856.**
The Court met pursuant to adjournment, Present as before.
**The St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. Odelia or Ardelia Peters widow of Michael Peters, decreased, and Frederick Peters, Francis Peters and George Peters, all of age, and Elizabeth and Agnes Peters, aged 18 and 16 years, Children of Michael Peters, decreased. Defendants.**
It appearing to the Court, that the damages assessed by the Commissioners appointed in this cause, have been paid b y the plaintiff to Lucas & Simonds Bankers in the City of St. Louis, pursuant to the direction of the Court; it further appearing to the Court, that the said Odelia Peters, one of the above named defendants, has by her deed duly executed acknowledged and filed in this cause, assigned, transferred and set over to her children, the other defendants herein, all here right, title, interest and claim, in and to the damages so assessed, whereby the said other defendants are entitled to have and receive the whole of the damages so as aforesaid assessed by said Commissioners and so as aforesaid paid by plaintiff to said Lucas & Simonds according to their equal respective rights and interests therein; and it appearing further to the Court, that Frederick Peters, one of said defendants, and brother to said Elizabeth and Agnes Peters, minors, and defendants herein, and their guardian ad litem, duly appointed, has made and filed herein his bond with sufficient and approved security, as required by law: Therefore the Court with the assent of plaintiff hereto given, doth order and direct the said Lucas & Simonds to pay over the amount of moneys deposited with them by the plaintiff as aforesaid, to the defendants herein, other than said Odelia Peters, in manner following, that is to say: To Frederick Peters the equal one fifth part thereof in his allright. To Frederick Peters the equal two fifths parts thereof as guardian of Elizabeth & Agnes Peters, and to Francis Peter & George Peters to each the equal one fifty part thereof: And the court doth further order and adjudge that upon the filing by said Lucas & Simonds of the receipts of said Frederick Peters, and of said Francis and George Peters or their Attorney of record, made in conformity to this order, the said Lucas & Simonds shall be discharged and liberated from all liability or responsibility, by reason of the deposit of said damages, made with them as aforesaid by the plaintiff.
**Arthur Kempland, et. al. Plaintiff. vs. Leroy Kingsland, et. al. Defendants.**
By consent of parties, it is ordered by the Court, that Alfred Chadwick the Commissioner heretofore appointed herein, he consenting thereto, be discharged from the further consideration of this cause, and Samuel A. Holmes, Esquire, is appointed in his stead as such Commissioner, to proceed in the same manner that said Chadwick was required to proceed, and this cause is continued until the next term of this Court.
**William D. Houghtaling, Plaintiff. vs. Sylvester W. Ball, et. al. Defendants.**
Answer to amended petition filed.
**Frederick Meyer, et. al. Plaintiff. vs. George W. Fisher, et. al. Defendants.**
The Court having duly heard and considered the motion for a severance herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
**Florentine Perrault. Plaintiff. vs. Daniel Perrault, Defendant.**
Motion for allowance of Alimony filed.
**Christoph Frenz, Plaintiff. vs. Anna Maria Frenz, Defendant.**
On motion to set aside Final Decree.
It now, for the first time, being made to appear to the Court, that the defendant on the third day of the present term of the St. Louis Court of Common Pleas, by mistake, filed her answer in this cause duly verified, instead of filing the same in this Court, in which it was entitled, which answer contains a denial of the charges for a Divorce contained in the plaintiff's petition and also a prayer for a Divorce in the part of the defendant upon several grounds, amongst which is the charge of adultery in the past of the said plaintiff, together with a prayer also for alimony, the Court doth sustain the said motion, and doth also set aside the default herein, and doth allow the said answer to be filed, and doth overrule the application of the plaintiff for an attachment against the said defendant, and the plaintiff is to have the custody of the said child until the final decision of this cause, or the further order of this Court. Answer filed.
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**Viewer Page 375** (rcdbook1855_25_0374.jpg)
> Handwritten Page Number on Record Book: 367
**March Term 1856. Tuesday April 15. 1856.**
**Peter Brooks, Plaintiff. vs. Jacob Henn, et. al. Defendants.**
Continued by consent until the next term of this Court, and On motion of the defendants by their attorney, it is ordered by the court that a Dedimus issue herein on the part of said defendants to the State of New York, and leave is given said defendants to withdraw, the exhibits filed with their answer herein, for the purpose of using the same in the taking of depositions under the Dedimus granted them as above.
**North Missouri Rail Road, Plaintiff. vs. Leverett Mills, John Gap and John Cochran, Defendants.**
Now at this day come the parties aforesaid by their respective attorneys, and the court having duly heard and considered the motion filed herein on the thirtieth day of June 1855 to set aside the Report of the Commissioners herein and for appointment of new Commissioners, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained; and the Court appoints John W. Thornbough, James G. Barry and John G. Priest three disinterested Citizens of the County of St. Louis, to view the lands described in the petition of plaintiff, and who shall take into consideration the value of the land, and the advantages and disadvantages of the road of the plaintiff to the same, and shall report under oath what damages will be done to said land, or any improvements therein stating the amount of the damages assessed, and shall return a plat of the land thus condemned, and shall make report of their proceedings this order, accompanied with a plat of the said land, to this court, with all convenient dispatch.
**Thomas Webster, Plaintiff. vs. William Anderson, et. al. Defendants.**
Continued.
**Louis G. Picot, Plaintiff. vs. James Clemens Jr. et. al. Defendants.**
Continued by consent.
**Alexander Young, Plaintiff. vs. Thomas Webster, et. al. Defendants.**
Continued.
**James D. Denegre, Plaintiff. vs. Orrin Wales, et. al. Garnishees, Defendants.**
Continued.
**Patrick Gorman, Plaintiff. vs. Stephen Finn, et. al. Defendants.**
Continued.
**Joseph Pley, et. al. Plaintiff. vs. Robert B. Lee, et. al. Defendants.**
Continued as on application of defendants.
**Hudson B. Powell, Plaintiff. vs. Michael Buckley, Defendant.**
Continued by consent.
**Samuel Engler, Plaintiff. vs. Joseph J. Bate, Defendant.**
Non Suit.
Now at this day this cause being called for trial, said plaintiff although solemnly called, comes not, wherefore on motion of said defendant by his attorney, it is ordered by the Court that said plaintiff be non suited. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof execution.
**The Bank of the State of Missouri, Plaintiff. vs. Worden P. Penn, Defendant.**
Motion to strike not answer and for judgment filed.
**The State of Missouri, Plaintiff. vs. Archibald Carr, Jonathan Momey, Joseph Kularege, Thomas Julius Mier & Ernest C. Angelredt, Defendants.**
And now at this day come the parties aforesaid by their attorneys, and the defendants withdraw their rejoinder to the replication of plaintiff, and stand upon their demurrer to said replication heretofore overruled by the court, and thereupon all and singular the premises being sum and fully understand by the Court, it is considered and adjudged by the Court here, that final judgment be entered up against said defendants for want of a rejoinder to said plaintiffs replication; that the said alleged franchise and incorporation under the name of "the in habitants of the Town of Bremen," be forever extinguished, and that the said Archibald Carr, Jonathan Morney, Joseph Kularege, Thomas Julius Mier & Ernest C. Angelredt, do not in any way intermeddle with or concern themselves about the office, privileges and franchise aforesaid and that they be absolutely excluded from ever exercising the same or any of them in future, and it is further ordered and adjudged by the Court with the consent of the parties herein, that the
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**Viewer Page 376** (rcdbook1855_25_0375.jpg)
> Handwritten Page Number on Record Book: 368
**March Term 1856. Tuesday April 15. 1856.**
relaters in this case do pay the costs therein, and that execution issue therefore.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, and Emily his wife, William Renshaw Jr, Administrator of Joseph S. Morrison, deceased, William Logan and Mary his wife, Defendants.**
Judgment.
Now at this day come again the parties aforesaid by their respective Attorneys, and the Court being now fully advised of and concerning the premises herein, doth find the issues herein joined in favor of the defendants. It is therefore considered and adjudged by the court that said plaintiff take nothing by his said suit in this behalf, but that said defendants go thereof without day and recover of said plaintiff their costs and charges herein expended and have thereof execution. Finding of the Court filed.
**James M. Lyon and Anna Maria Lyon his wife, Plaintiffs. vs. Daniel D. Page, Peter S. Vandeventer, Peter Lindell, Robert Wash, & Eliza his wife, Clay Taylor, Edmenia Taylor, Paschal Touric, Julie N. Morre, and William Milburn, William Glasgow Jr, & William C. Taylor, School Commissioners of Fractional Section No.16. T. 45.N.R. 7. E. Defendants.**
Non Suit.
Now at this come said plaintiffs by their attorney and say they will not further prosecute their said suit in this behalf, but voluntarily suffer a non suit. It is therefore considered and adjudged by the Court that said plaintiffs take nothing by their said suit in this behalf but that said defendants go thereof without day and recover of said plaintiffs their costs and charges herein expended and have thereof execution.
**Edward E. Archer, Plaintiff. vs. Andrew Mc. Michan, et. al. Defendants.**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: Rudolph Schneider, Charles N. Lewis, D. Cassey, William Hickey, John Thierauf, John Piant, Francis Genail, J. R. Geel, John Croake, William Jobin, John Martin & John Cannon, twelve good and lawful men, who being duly elected, tried and sworn well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being concluded the Jury retire to consider of their verdict.
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**Viewer Page 377** (rcdbook1855_25_0376.jpg)
> Handwritten Page Number on Record Book: 369
**March Term 1856. Wednesday April 16. 1856.**
The Court met pursuant to adjournment, Present as before.
**Edward E. Archer, Plaintiff. vs. Andrew Mc. Michan & William Ballentine, Defendants.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Eleven hundred and ninety seven dollars, damages. It is therefore considered and adjudged by the court that said plaintiff recover of said defendants the sum of aforesaid in form aforesaid by the Jury found and also his costs and charges herein expended and have thereof execution.
**Thomas Murduck, Edward N. Duer, & George H. Evans, Plaintiffs. vs. Jonathan C. Havens, Garnishee of Isaac W. Gibbons, Defendant.**
The plaintiffs having failed to file replication to answer of garnishee herein, within the time prescribed by law, it is on motion of said Garnishee by his attorney, ordered by the Court that the said Garnishee be discharged at the costs of said plaintiffs and that execution issue therefore, and the Court allows the said Garnishee the sum of Ten dollars for his trouble and expense in answering herein, to be taxed as costs herein.
**James F. Glenn, Plaintiff. vs. William E. Saltmarsh, et. al. Defendants.**
Motion and notice to defendants to produce books, papers and vouchers of the Steam Boat Dresden form September 1. 1854 to 2 February 1855, filed.
**Louis Brazeau, Assignee, Plaintiff. vs. Louis A. Beneist, et. al. Defendants.**
Amended Petition filed, whereupon, the defendants by their attorney enter their voluntary appearance to the same, and file their Demurrer to said petition.
**In the matter of the assignment of George K. Budd.**
And non comes the assignee Abraham M. Gardner and exhibits to the Court his account as such assignee, and it being made to appear to the satisfaction of the Court that the said Assignee has received and there has come in to his hands under said assignment the sum of Fourteen hundred and eighty one dollars and ninety six cents, and that he has paid to Page & Bacon the amount of a judgment recovered against him as said assignee in the St. Louis Court of Common Pleas, the sum of Fifteen hundred and seventeen dollars and twenty two cents, that he has paid out for costs and expenses the sum of Forty dollars and eighty five cents, and being hereby allowed his claim of One hundred dollars for services specified in said account, leaving a balance in favor of said assignee of One hundred and seventy six dollars and eleven cents; [and ?] the Court doth hereby audit and allow the said account of said assignee.
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**Viewer Page 378** (rcdbook1855_25_0377.jpg)
> Handwritten Page Number on Record Book: 370
**March Term 1856. Thursday April 17th 1856.**
The Court met pursuant to adjournment, Present as before.
**Bernard S. Pratte, Plaintiff. vs. Pure Brown, Defendant.**
Order of Publication.
The Sheriff having made return that said defendant cannot be found, and the Court being satisfied that said defendant cannot be served with process, it is, on motion of said plaintiff by his attorney ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against him in the St. Louis Circuit Court, the object of which is to obtain judgment against him for the sum of Fifteen hundred dollars, due on Bill of Sale, and that his property has been attached, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis on the fourth Monday of October next, and on or before the sixth day of said term answer the petition of said plaintiff the same will be taken against him as confessed, judgment rendered against him and his property sold to satisfy the same.
**John Riggin, Plaintiff. vs. Andrew J. Corns, et. al. Defendants.**
Motion to dismiss for want of prosecution filed.
**Richard B. Dallam, Plaintiff. vs. William Rinshaw Jr. et. al. Defendants.**
On motion of the plaintiffs by his attorney, ten days additional time is given him to file a motion for a Review herein.
**Peter L. Van Deventer, et. al. Plaintiffs. vs. Edwin M. Ryland, et. al. Defendants.**
Satisfaction.
Now at this day comes the plaintiffs by their attorney and acknowledge to have received full and entire satisfaction of the judgment rendered herein on the twenty third day of February last past.
**Edward E. Archer, Plaintiff. vs. Andrew Mc. Michan, et. al. Defendants.**
Motion for new trial filed.
**Farmers' & Merchants' Bank of Memphis, Plaintiff. vs. Kennedy Lonergan's Admr. Defendant.**
On motion of the defendant by her attorney, it is ordered by the Court that a Dedimus issue herein on the past of said defendant to the State of Tennessee.
**George W. Cable, et. al. Plaintiff. vs. William C. Martin, et. al. Defendants.**
Continued.
**William Wade, et. al. Plaintiffs. vs. Eleazer J. Beard, et. al. Defendants.**
Continued by consent.
**Eliza M. Perry, et. al. plaintiffs. vs. Mason Frissell, et. al. Defendants.**
Continued.
**David Woodman, Plaintiff. vs. The Illinois Coal Company, Defendant.**
Continued.
**Joseph Connelly & Maria Connelly his wife, Plaintiffs. vs. Patrick Ryan, Defendants.**
Dismissal.
Now at this day this cause being called for trial, and no one appearing to prosecute the same, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Jacob Fackler, Plaintiff. vs. Henry Fackler's Admr. Defendant.**
Continued.
**William C. Wells, Plaintiff. vs. Joseph Rowe, Garnishee, Defendant.**
Continued.
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**Viewer Page 379** (rcdbook1855_25_0378.jpg)
> Handwritten Page Number on Record Book: 371
**March Term 1856. Thursday April 17th 1856.**
**Frederick Shelley, Plaintiff. vs. Augustin Easten, trustee of Judith E. Ballentine, J. Y. Black & J. W. Frakes, Defendants.**
Abatement.
Now at this day come the parties aforesaid by their respective attorney, and the plaintiff having failed to being in the representatives of said Augustin Easten, new deceased, within the time prescribed by law, it is on motion of the attorney for the defendants, ordered by the court that this suit abate, [and that said plaintiff pay the costs herein accrued and that within issue therefor. ?]
**Frederick Shelley, Plaintiff. vs. Andrew Mc. Michan, et. al. Defendants.**
Continued as on affidavit at costs of plaintiff, on account of absence of John Black a witness for said plaintiff.
**Samuel Welser, Plaintiffs. vs. Elizabeth Welser, Defendant.**
Continued.
**In the matter of Bryan Mullanphy.**
Continued.
**Hannah Bartlett, Plaintiff. vs. Culbert Bartlett, Defendant.**
Dismissal.
Now at this day this cause being called for trial, and no one appearing to prosecute the same, it is ordered by the court that it be dismissed, and that said defendant pay the costs herein accrued and that execution issue therefor.
**Mary Ann Corner, Plaintiff. vs. Charles Corner, Defendant.**
Dismissal.
Now at this day this cause being called for trial and no one appearing to prosecute the same, it is ordered by the Court that it be dismissed, and that said defendant pay the costs herein accrued and that execution issue therefor.
**Daniel Blodgett, Plaintiff. vs. Isaac J. Greene, Defendant.**
Continued at costs of defendant.
**Martin D. Hickman, et. al. Plaintiffs. vs. Nathaniel G. Wood's Executor, Defendant.**
Continued by consent.
**John Taylor, Plaintiff. vs. John L. Blaine, Defendant.**
Non Suit.
Now at this day come the parties aforesaid by their respective attorneys, and Henry N. Hart Esquire, attorney for plaintiff, withdraws his name as such, and thereupon said plaintiff although solemnly called comes not, whereupon on motion of said defendant by his attorney, it is ordered by the Court that said plaintiff be non suited. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof execution.
**Samuel Rodgers, et. al. Plaintiff. vs. Francis Watkins, Defendant.**
Continued by consent.
**William J. Romyn, Plaintiff. vs. Louis Opel, Adolph Kehr Administrator of Jacob Muller & John B. Muller, Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and waiving a Jury, submit this cause to the Court upon the pleadings and proofs, and the court having duly heard and considered the same, doth find from such proofs that said plaintiff has sustained damage by reason of the premises set out in his petition in the sum of Two hundred and fifty three dollars. It is therefore considered and adjudged by the court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution. Finding of the Court filed.
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**Viewer Page 380** (rcdbook1855_25_0379.jpg)
> Handwritten Page Number on Record Book: 372
**March Term 1856.**
**Hester Williams, Ella Williams & Priscilla Williams by their nut friend Jordan W. Early, Plaintiffs. vs. A. B. Mc. Afee, Frederick norcum, Granville C. Blakey and William E. Moore, Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and thereupon neither party requiring a Jury, and the cause being submitted to the Court, the defendants by their attorney consenting thereto, the Court doth find as to the issues joined between the parties aforesaid that the said defendants are guilty of the said supposed wrings and injuries laid to their charge in manner and form as the said plaintiff have thereof complained against them, and therefore it is considered by the court and according by adjudged that the said plaintiff Hester Williams and her children Ella Williams and Pricilla Williams be liberated and entirely set free from the said defendants and either of them, and from all persons whatsoever, if any claiming under them or either of them by title derived after the commencement of this suit, and that the said plaintiff pay the costs of this suit and that execution issue therefor.
**Enoch C. Brown, Plaintiff. vs. Lorenzo P. Sanger, et. al. Defendants.**
Motion and affidavit to set aside dismissal filed.
**John G. Luce, Plaintiff. vs. Lorenzo P. Sanger, et. al. Defendants.**
Motion and affidavit to set aside dismissal filed.
The Court met pursuant to adjournment, Present as before.
**The German Savings Institution, Plaintiff. vs. William H. Belcher, Charles Belcher, Quincy A. Keith, William Ray & Frederick Ray. Defendants.**
Satisfaction.
Now at this day comes said plaintiff by its attorney, and acknowledges to have received full and entire satisfaction of the judgment rendered herein.
**William R. Robinson, Plaintiff. vs. William Sigerson, Defendant.**
Non Suit.
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also jury, to wit: Rudolph Schneider, Charles N Lewis, William C. Farrell, D. Cassey, William Hickey, John Theirauf, John Piant, Francis Genail, J. R. Creel, John Croake, William Jobin and John Martin, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed, whereupon the plaintiff says that he will not further prosecute his said suit in this behalf, but voluntarily takes a non suit. It is therefore considered and adjudged by the court that said plaintiff take nothing by his said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof execution. Leave is given said plaintiff to move to set aside the non suit herein. Motion to set aside non suit filed.
**Edward Hooper & James Lindhold, Plaintiff. vs. David S. Bigham, Defendant.**
Satisfaction.
Now at this day come said plaintiffs by their attorney and acknowledge to have received full and entire satisfaction of the judgment rendered herein on the twenty second day of September Eighteen hundred and fifty two.
**The Bank of the State of Missouri, Plaintiff. vs. Warden P. Penn, Defendant.**
The Court having duly heard and considered the motion to quash and dismiss the attachment herein, and being fully advised of and concerning the premises doth consider and adjudge that said motion be overruled; and having also duly heard and considered the motion to strike out the answer and for judgment herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained so far as to strike out the answer, with leave to defendant to file another answer within three days from this date.
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**Viewer Page 381** (rcdbook1855_25_0380.jpg)
> Handwritten Page Number on Record Book: 373
**March Term 1856. Friday April 18. 1856.**
**Joseph Chartran, Josephine Chartran, Nicholas Lautier, and Francis his wife, Felic Shinets and Mary his wife, Edmond Chartran and Amoble Chartran, Plaintiffs. vs. John C. Ivory, Defendant.**
Dismissal.
Now at this day this cause being called for trial and no one appearing to prosecute the same, it is ordered by the court that it be dismissed at the costs of said plaintiff and that execution issue therefor.
**David Y. Bridges, et. al. Plaintiff. vs. John W. Hedenburg, et. al. Defendants.**
Amended Petition filed.
**Stephen J. Dunklin, et. al In Partition.**
Now at this day Charles D. Drake, Commissioner in this cause, and filed his second and final Report as such commissioner herein, and moves the Court to approve and confirm the said Report, and it appearing to the satisfaction of the Court form said Report and the vouchers filed therewith, that the said Charles D. Drake as such Commissioner, has in compliance with the order in that behalf made on the twentieth day of February last, paid to the several parties named in said order the sums of money therein directed to be paid to them, the court that consider and adjudge that said Report be approved and confirmed, and the said Charles D. Drake having fully performed his duty as Commissioner in this cause, he is discharged, as such Commissioner.
**Edward Bredell, et. al. In Partition.**
Now at this day comes Charles D. Drake, Commissioner in this cause, and files his second Report such Commissioner Herein and moves the Court to approve and confirm the said Report, and it appearing to the satisfaction of the Court from said Report and the vouchers filed therewith, that the said Charles D. Drake as such Commissioner, has in compliance with the order in that behalf made on the twentieth day of February last, paid to the several parties named in said order the sums of money therein directed to be paid to them, the court with consider and adjudge that said Report be approved and confirmed.
**James D. Pack, et. al. Plaintiff. vs. John M. Wimer, Defendant.**
Now at this day come the parties aforesaid by their respective attorney, and thereupon come also a Jury, viz: Rudolph Schneider, Charles W. Lewis, William C. Farrell, D. Cassey, William Hickey John Theirauf, John Piant, Francis Genail, J.R. Gul, John Crvake, William Jobin and John Martin, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being concluded the Jury restore to consider of their verdict.
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**Viewer Page 382** (rcdbook1855_25_0381.jpg)
> Handwritten Page Number on Record Book: 374
**March Term 1856. Saturday April 19. 1856.**
The Court met pursuant to adjournment, Present as before.
**James D. Pack & John G. Stevens, Plaintiff. vs. John M. Wimer, Defendant.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and the Jury, aforesaid upon their oaths aforesaid find the issues herein joined in favor of the defendant. It is therefore considered and adjudged by the court that said plaintiff take nothing by their said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof execution. Motion for new trial filed.
**John B. Henderson, Plaintiff. vs. William Vantilburgh, Defendant.**
Continued as on affidavit of defendant on account of absence of Edward A. Govdrich & Joseph C. Govdrich witnesses for said defendant.
**Asa Vail. Plaintiff. vs. Alfred Potls, et. al. Defendants.**
The Court having duly heard and considered the motion by defendant for another bond and security herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be sustained that once for the plaintiff file a new bond with new principal and security, according to the statute in such cases made and provided, within ten days from this date, this cause shall be dismissed.
**John W. Greene, Plaintiff. vs. Ellen Dickson, Defendant.**
Continued at costs of plaintiff on affidavit this day filed.
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**Viewer Page 383** (rcdbook1855_25_0382.jpg)
> Handwritten Page Number on Record Book: 375
**March Term 1856. Monday April 21st 1856.**
The Court met pursuant to adjournment, Present as before.
**William Penn's Admr. Plaintiff. vs. Samuel B. Pilkington, Defendant.**
Continued as on affidavit at costs of plaintiff, and in motion of said plaintiff by his attorney, it is ordered by the Court that a Dedimus issue herein on the part of said plaintiff to the State of Wisconsin.
**Chesebrough & Stearns & Co. a firm composed of Ellsworth Chesebrough, Thomas G. Stearns & Ezra M. Kingsley, Plaintiffs. vs. Nathan Card, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and consent and agree that the Court may render judgment in favor of said plaintiff and against said defendant for the sum of Four hundred and one dollars and thirty two cents. It is therefore considered and adjudged by the court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as agreed and also their costs and charges herein expended and have t hereof execution.
**Ward H. Houghton, Plaintiff. vs. Ardelia O. Houghton, Defendant.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Lawrence Myers, et. al. Plaintiff. vs. William Minroe, Defendant.**
Continued by Consent.
**George Myers, Plaintiff. vs. Frederick Norcum, Defendant.**
Continued.
**William J. Smith, Plaintiff. vs. Joseph Mogridge, et. al. Defendant.**
Continued, amended petition filed by leave of Court, copy of same to be served on defendants.
**Samuel Gaty, John S. Mc. Cune, Allen H. Glasby, and Gerard B. Allen, Plaintiffs. vs. Henry G. Bilstien, Defendant.**
Change of Venue.
Now at this day comes said defendant by his attorney and files his petition duly verified by affidavit, praying for a change of venue of this cause to the St. Louis Court of Common Pleas, and the court having duly heard and considered the same and being fully advised of and concerning the premises, doth consider and adjudge that the venue of this cause be transferred to the St. Louis Court of Common Pleas, and that the clerk of this court make out, certify and transmit as aforesaid, a full and complete Transcript of the Record and Proceedings herein.
**Petruse Thevenin, Plaintiff. vs. Henry I. Grave, Defendant.**
Continued by consent.
**Robert Peyinghous, Plaintiff. vs. James Coman, Defendant.**
Continued by consent.
**Thomas S. Butler, James J. Butler, & John Pollock, Plaintiffs. vs. Robert Barth, Defendant.**
Dismissal.
On motion of the plaintiff by their attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Jeremiah Cronin, Plaintiff. vs. Adela H. Douthett, Defendant.**
Continued by consent.
**Frederick B. Chamberlain, et. al. Plaintiffs. vs. J. S. Morgan, et. al. Defendants.**
Continued by consent at costs of defendants.
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**Viewer Page 384** (rcdbook1855_25_0383.jpg)
> Handwritten Page Number on Record Book: 376
**March Term 1856. Monday April 21. 1856.**
**James O. Carson & John E. Brooks, Plaintiffs. vs. The Steam Boat Upper Ferry, Defendant.**
Dismissal.
On motion of the plaintiffs by their attorney it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Charles Jourville, Plaintiff. vs. Anthyme L. Roland, et. al. Defendants.**
Continued.
**Charles G. Gauston, Plaintiff. vs. Ferdinand Stange, et. al. Defendants.**
Continued by consent.
**Orson Jousley & Charles H. Moore, Plaintiffs. vs. Francis Saler & Adolph Boockler, Defendants.**
Dismissal.
On motion of said plaintiff by their attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**William R. Martin, et. al. Plaintiffs. vs. The Steam Boat 'Ella' Defendant.**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury, viz: Joseph Shultz, Francis Krenning, Vincent Guinn, Joseph Mallett, Peter Pourcilli, Peter D. Barada, J. E. Walkins, Joseph Roy, W. F. Dietrick, Jacob Meyer and A. H. Wing, twelve good and lawful men, who being duly elected and sworn, well and truly, to try the issues joined between the parties aforesaid, the trial of this cause progressed and being concluded the Jury retire to consider of their verdict.
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**Viewer Page 385** (rcdbook1855_25_0384.jpg)
> Handwritten Page Number on Record Book: 377
**March Term 1856. Tuesday April 22nd 1856.**
The Court met pursuant to adjournment, Present as before.
**William R. Martin & Charles G. Martin, Plaintiff. vs. The Steam Boat "Ella" Defendant.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury sworn and empanelled herein also come, and the jury aforesaid upon their oaths aforesaid find for the plaintiffs in the sum of Three hundred and twenty seven dollars, damages. It is therefore considered and adjudged by the Court that said plaintiffs recover of Adam Poe the principals and Joseph H. Conn & Richard F. Sass the securities in the bond given for the release of said Boat, the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
Sheriff's Deed. Turner Maddox, Esquire, Sheriff of St. Louis Country, come into Open Court and acknowledges the execution by him as Sheriff as aforesaid of a Deed to Pierre Chouteau Jr. James Harrison & Felix Valle, of all the right, title, interest, claim, estate and property of John Schneider of, in and to the following described real estate, viz: A lot of ground situated in the south east corner of Block No. Forty one (41) in the City of St. Louis, State of Missouri, containing Fifty one (51) feet on First or main street by Eighty One (81) feet on Cedar street, hundred on the north by Fred Benchmann, West by Francis La Benchis heirs, south by cedar street, and East by main street, also a lot situated at the north west corner of Second and mulberry streets in Block No. Fifty one (51) of the City of St. Louis, bounded on the north by Vacharasas' Estate, containing One hundred and twenty five (125) feet front on Second street by One hundred and fifty one (151) feet mulberry street running back to an alley 20 feet wide; sold by virtue and under authority of an Execution issued form the Clerks' Office of the St. Louis Circuit Court on the 18th day of March, 1856, in favor of said Pierre Chouteau Jr. et. al. vs. said John Schneider.
**The Bank of the State of Missouri, Plaintiff. vs. Warden P. Penn, Defendant.**
Motion to re-instate answer filed.
**Alexander Bailey, Plaintiff. vs. Joseph Morgridge, et. al. Defendants.**
Now at this day come the parties aforesaid by their respective attorneys, and waiving a Jury, submit this cause to the court upon the pleadings and proofs, and the court having duly heard the same, but not being fully advised of and concerning the premises, takes time to consider thereof.
**Norman Cutter, et. al. Plaintiffs. vs. John N. Boffinger, Defendant.**
Now at this day come the plaintiffs by their attorney, the defendant and although solemnly called, comes not and the plaintiffs waiving a Jury submit this cause to the court upon the pleadings and proofs, and the court having duly heard the same, but not being of fully advised of and concerning the premises takes time to consider thereof.
**George F. Gleasen & Wilson C. Baker, Plaintiff. vs. Thomas P. Adams, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury, viz: Joseph Shurtz, Francis Krenning, Vincent Genin, Joseph Mallett, Peter Pourcelli, Peter D. Barada, J.E. Watkins, Joseph Roy, W.F. Dutrick, Jacob Meyer and A.H. Wing, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being concluded, the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Four hundred and ninety three dollars and eighty seven cents, damages. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
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**Viewer Page 386** (rcdbook1855_25_0385.jpg)
> Handwritten Page Number on Record Book: 378
**March Term 1856. Wednesday April 23rd 1856.**
The Court met pursuant to adjournment, Present as before.
**Christoph Frinz, Plaintiff. vs. Anna M.Frenz, Defendant.**
Motion and affidavit for order enforcing Decree filed.
**Joseph E. Elder, Plaintiff. vs. Turner Maddox, Defendant.**
Answer of defendant filed by consent.
**John Riggin, Plaintiff. vs. Andrew J. Cons & Francis J.Mann, Defendants.**
The Court having duly heard and considered the motion to dismiss this cause for want of prosecution, and being fully advised of and concerning the premises, doth consider and adjudge that the same be overruled.
**John Riggin, Plaintiff. vs. Andrew J. Cons & Francis J. Mann, Defendants.**
Order of Publication.
It appearing to the satisfaction of the court from the affidavit of said plaintiff, that the said defendant Francis U. Mawn is a non resident of the State of Missouri and cannot be served with process, it is therefore, on motion of said plaintiff by his attorney, ordered by the court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against him in the St. Louis Circuit Court, the object of which is to obtain judgment for the balance due upon a note made by Samuel J. Spilman to Andrew J.Coons on the 29th day of January 1849, and by said Coons assigned to him said Francis J.Mann and by him said Mann assigned to plaintiff, and that unless he be and appear at the next term of said court to be begun and held at the City of St. Louis within and for the Country of St. Louis in the State of Missouri on the fourth Monday in October next, and an or before the third day of said term answer the petition of said plaintiff the same will be taken against him as confessed, and this cause is continued until the next term of this court.
**Norman Cutter & Charles Valentine, Plaintiffs. vs. John N. Bossinger, Defendant.**
Judgment.
Now at this day come again the plaintiff by their attorneys, and the court being now fully advised of and concerning the premises herein, doth find that said plaintiff have sustained damage be reason of the premises set out in their petition in the sum of Three hundred and forty eighty dollars and eleven cents. It is therefore considered and adjudged by the court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution. Finding of the court filed.
**Jane Casey & Margaret Casey by their next friend John R.Barrett, Plaintiffs vs. Louis Wynklemier & Julius Wynklemier, Defendants.**
Non Suit
Now at this day come the parties aforesaid by their respective attorneys, and the plaintiffs file their affidavits for a continuance herein, and the court having duly heard and considered the same and being fully advised of and concerning the premises, doth refuse to grant said continuance, whereupon said plaintiffs by their attorney say they will not further prosecute their said suit in this behalf but voluntarily take an non suit. It is therefore considered and adjudged by the court that said plaintiff take nothing by their said suit in this behalf but that said defendants go thereof without day and recover of said plaintiff their costs and charges herein expended and have thereof execution. Leave is given said plaintiff to move to set aside said non suit.
**Aaun W. Fagan, Plaintiff. vs. James Connolly, et. al. Defendants.**
Abstract of issues filed.
**William F. Morgan, Plaintiff. vs. Adam Doering, Defendant.**
Continued by consent.
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**Viewer Page 387** (rcdbook1855_25_0386.jpg)
> Handwritten Page Number on Record Book: 379
**March Term 1856. Wednesday April 23d 1856.**
**Louis G. Picos, Plaintiff. vs. Henry P. Wartman, et. al. Defendants.**
Continued.
**Milton Mc.Leans Admr. Plaintiff. vs. Henry Brundy, Defendant.**
Continued.
**William Milburn, et. al. Comrs, Plaintiffs. vs. Charles J. Carpenter, Defendant.**
Continued.
**Louis Martin, et. al.Plaintiffs. vs. Emily Stine, Defendant.**
Continued.
**William Milburn, et. al. Comrs, Plaintiffs. vs. Thomas C. Reynolds, Defendant.**
Continued.
**William Milburn, et. al. Comrs, Plaintiffs. vs. James A.Hardy, Defendant.**
Continued.
**Samuel Jones, Plaintiff. vs. Ann Jones, Defendant.**
Dismissal.
Now at this day cause being called for trial and no one appearing to prosecute the same, it is ordered by the court that is be dismissed at the costs of said plaintiff and that execution issue therefor.
**Henry Boernstien, et. al. Plaintiffs. vs. Simon Eimer, Defendant.**
Continued by consent.
**James F. Glenn, Plaintiff. vs. William E. Saltmarsh, et. al. Defendants.**
By consent of the parties herein, it is ordered by the court that this cause be referred to John Y. Page & Jonathan James, to take and state an account between the parties herein, and that they make report of their proceedings under this order, to this court, with all convenient dispatch; and the court having duly heard and considered the motion of said plaintiff for an order on said defendants for the production of the Books, Papers and Vouchers of the Steam Boat Dresden from 1st September 1854 to 2nd February 1855, and being fully advised of and concerning the premises, doth considered and adjudge that the same be sustained, and that said defendants shall, at such time as the Referee herein may designate, produce such Books, Papers and Vouchers as aforesaid.
**Elizabeth Mundy, Plaintiff. vs. Patrick Mundy, Defendant**
The plaintiff having failed to take any steps in the prosecution of this suit, it is ordered by the court that it be stricken from the docket.
**Pierre Chouteau Jr. et. al. Plaintiffs. vs. James B. Harris, et. al. Defendants.**
Continued.
**Mary of color otherwise called Mary Davis, Plaintiff. vs. Samuel B. Bellis, Defendant.**
Continued.
**Isaac Walker, Plaintiff. vs. Orrin S. Ferris, Defendant.**
The plaintiff having failed to take any steps in the prosecution of this suit, it is ordered by the court that it be stricken from the docket.
**Isaac Rosenfeld Jr. Trustee of M. Abrahams & Co. Plaintiff. vs. Charles Lefrance, et. al. Defendants.**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also aJury, viz: Joseph Schultze, Francis, Krenning, Vincent Geuion, Joseph Mallett, Peter Pancelli, A.H. Wing, John Gannitt, Peter D. Barada, J.E. Walkins, J.W. Levant, W.F. Dectrick & Jacob Meyer, twelve good and lawful men who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed, but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
**Joseph E.Elder, Plaintiff. vs. Turner Maddox, Defendant.**
Now at this day come the parties aforesaid by their respective attorneys and waiving a jury, submit this cause to the court upon the pleadings and proofs, and the court having duly heard [one ?] the same, but not being fully advised of and concerning the premises, take time to consider thereof.
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**Viewer Page 388** (rcdbook1855_25_0387.jpg)
> Handwritten Page Number on Record Book: 380
**March Term 1856.**
**In the matter of the assignment [vs ?] of 104 John Bellivard.**
Petition by Creditors for an account by assignee filed.
**John S.Mc.Cune, et.al, Plaintiffs. vs. Joseph S.Hull, et. al. Defendants.**
Exceptions to commissioners Report filed.
The Court met pursuant to adjournment, Present as before.
**Linus Jackso, Plaintiff. vs. James Conran, Defendant.**
Default.
Now at this day comes said plaintiff by his attorney, but said defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiff by his attorney by his attorney, it is ordered by the Court that the petition of said plaintiff be taken against said defendant as confessed.
William C. Wilson, who is personally known to the court, comes open court, and acknowledges the execution by him of a Deef of Emancipation to a negro man named Washington sometimes called Washington Gray, aged about twenty six years, of a dark mulatts color, having numerous pock marks upon his face, being abut five feet and ten inches in height.
**George F.G Leason, et.at. Plaintiffs. vs. Thomas P. Adams, Defendant.**
Motion in arrest of judgment & motion for new trial filed.
**Joseph E.Elder, Plaintiff. vs. Turner Maddox, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and the court being new fully advised of and concerning the premises, doth find the issues herein joined in favor of the defendant. It is therefore considered and adjudged by the court that said plaintiff take nothing by his said suit in this behalf but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof execution, and that the said plaintiff redeliver to the said defendant the property by him taken from said defendant at the commencement of this suit. Finding of the court filed.
**Isaac Rosenfeld Jr. Trustee of M. Abrahams & Co. Plaintiff. vs. Charles Lefrance, et. al. Defendants.**
Now at this day come again the parties aforesaid by their respective attorneys and the jury sworn and empanelled herein also come and thereupon the trial of this cause progressed and being conducted further proceedings herein are continued until to-morrow morning.
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**Viewer Page 389** (rcdbook1855_25_0388.jpg)
> Handwritten Page Number on Record Book: 381
**March Term 1856. Friday April 25, 1856.**
The Court met pursuant to adjournment, Present as before.
A. M. Gardner and J. H. Mc. Lean, two credible witnesses, come into Open Court and prove to the satisfaction of the Court the execution by John Bell of a Deed of Emancipation to Cynthia a mulatto woman aged about twenty four years, and her daughter named Dera aged about two years.
**Thomas H. bate, Plaintiff. vs. W. Seelye, garnishee of Thomas G. Stewart, Defendant.**
On motion of the said garnishee by his attorney, ten day's additional time is given him to file his answer herein.
**Christoph Frenz, Plaintiff. vs. Anna M. Frenz, Defendant.**
Notice of motion for order enforcing decree filed.
**William A. Robinson, Plaintiff. vs. Robert Stevens, Defendant.**
Continued in affidavit at costs of defendant.
**Henry Ashbrook Jr, Plaintiff. vs. O. H. Pratt, Defendant.**
Continued by consent.
**Ashley C. Sugg, et. al. Plaintiffs. vs. John J. Roe, Defendant.**
Continued by consent.
**Johnsons, Bartley & Lytle, Plaintiffs. vs. William J. Kountz, et. al. Defendants.**
Continued as on affidavit at costs of plaintiffs, and on motion of said plaintiffs by their attorney, it is ordered by the Court that a Dedimus issue herein on the part of said plaintiffs to the State of New York.
**Isaac W. Taylor, et. al. Plaintiffs. vs. George W. Cass, et. al. Defendants.**
Continued.
**George W. Fuller, Plaintiff. vs. David Rees, Defendant.**
Continued as on affidavit at costs of defendant.
**Logan Sleeper, Plaintiff. vs. Jonathan Jones, Defendant.**
Non Suit.
Now at this day this cause being called for trial said plaintiff although solemnly called, comes not, wherefore on motion of said [plaintiff ?] defendant by his attorney, it is ordered by the Court that said plaintiff be non suited. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof execution.
**Christopher F. Blanchard, Plaintiff. vs. Henry S. Hamilton, Garnishee, Defendant.**
Continued.
**Isaac W. Taylor, et. al. Plaintiffs. vs. E. W. Clark, et. al. Garnishees, Defendants.**
Continued by consent.
**Waterman & Ryan, Plaintiffs. vs. Wiltenberger & Robyn Garnishees of Maurice Lenihan, Defendant.**
The plaintiffs having failed to reply to the Answer of the Garnishees herein, within the time allowed them so to do, it is, on motion of said Garnishees by their Attorney, ordered by the Court that they be discharged as such at the costs of said plaintiffs and that execution issue therefor, and the Court allows said Garnishees the sum of Ten
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**Viewer Page 390** (rcdbook1855_25_0389.jpg)
> Handwritten Page Number on Record Book: 382
dollars for their trouble and expense in answering herein, to be taxed as costs herein.
**William Lottimer, et. al. Plaintiffs. vs. Francis A. Hunt, Garnishee, Defendant.**
Continued.
**The Bank of the State of Missouri, Plaintiff. vs. John M. Krum, et. al. Garnishees, Defendants.**
Continued.
**Daniel D. Page, et. al. Plaintiffs. vs. Dominick J. Childs, et. al. Defendants.**
Continued.
**William A. Clendenin, Plaintiff. vs. Levi Churchill, Defendant.**
Continued.
**Shepherd & Spence, Plaintiffs. vs. St. Charles Western Plank Road Company, Defendants.**
On motion of the plaintiffs by their attorney, it is ordered by the Court that a Dedimus issue herein on the part of said plaintiffs to the State of Pennsylvania.
**Asa Vail, Plaintiff. vs. Alfred Potts & Oliver G. Potts, Defendants.**
Dismissal.
Agreement filed, and by consent of parties it is ordered by the Court that this cause be dismissed at the costs of said plaintiff, and that execution issue therefor.
**Isaac Rosenfield Jr, Trustee of M. Abrahams & Co. Plaintiff. vs. Charles Lefrance, John Kem, Stanislaus Shaffner, & John H. Adams, Defendants.**
Judgment.
Now at this day come again the parties aforesaid by their respective Attorneys, and the Jury sworn and empannelled herein also come, and the Jury aforesaid upon their oaths aforesaid find the issues herein joined in favor of the defendants. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf but that said defendants go thereof without day and recover of said plaintiff their costs and charges herein expended and have thereof execution. Two motions for new trial filed.
**William P. Fenn, Plaintiff. vs. Julius Winklemier, Defendant.**
Now at this day come the parties aforesaid by their respective attorneys, and by consent of parties the plaintiff amends his petition herein by interliniations, and the defendant files an answer to the same as amended, and thereupon come a Jury, viz: Vincent Guion, Joseph Mallett, Peter Pourcelli, A. H. Wing, John Gordfellow, John Cannon, T. E. Watkins, Joseph Roy, W. F. Dietrich, Henry Roy, Sylvester V. Papin, and J. W. Levant, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed, when the plaintiff says he will not further prosecute his said suit in this behalf but voluntarily takes a non suit. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof execution. Leave is given said plaintiff to file a motion to set aside said non suit.
**The Atlantic Mutual Insurance Company, Plaintiff. vs. The Equitable Fire Insurance Company, Defendant.**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: Vincoent Guin Joseph Mallett, Peter Pourcelli, A. H. Wing, John Goodfellow, John Cannon, T. E. Watkins, Joseph Roy, W. F. Dietrick, Henry Roy, Jacob Meyers and T. W. Lovant, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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**Viewer Page 391** (rcdbook1855_25_0390.jpg)
> Handwritten Page Number on Record Book: 383
**March Term 1856. Saturday April 26, 1856.**
The Court mis pursuant to adjournment, Present as before.
James H. Lucas who is personally known to the Court, comes into open Court and acknowledges the execution by him of a Deed of Emancipation to Mannette aged thirty eight years, and her two female children, viz: Lizzy aged ten years, and Theresa aged seven years, all bright mulatives.
**David Y. Bridges, et. al. Plaintiffs. vs. John W. Hedenburg, Defendants.**
Motion to strike out parts of Amended Petition filed.
**Michael Haley, Plaintiff. vs. The Pacific Rail Road, Defendant.**
Amended Petition filed.
**Thomas K. Flanagan Curator of the succession of Andrew Kelly, Plaintiff. vs. John Cox, Administrator of the estate of said Andrew Kelly, Defendant.**
Appeal.
By consent of the parties herein, it is ordered by the Court that the Transcript and other papers in this cause, be filed, nine pro tune, as on the 12th day of February 1856, and the case docketed on the Return Docket of this Court for the March Term 1856.
**The Atlantic Mutual Insurance Company, Plaintiff. vs. The Equitable Fire Insurance Company, Defendant.**
Judgment.
Now at this day come again the parties aforesaid by their respective Attorneys, and the Jury severn and empannelled herein also come, and thereupon the trial of this cause progressed, [but not being ?] and being concluded, the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Three thousand two hundred and seventy six dollars and sixty six cents, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also its costs and charges herein expended and have thereof execution.
The Court mis pursuant to adjournment, Present as before.
**Christopher Rhodes, and George Pegram, Plaintiffs. vs. The Steam Boat "James Lyons." Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys and consent and agree that the Court may under judgment in farm of
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**Viewer Page 392** (rcdbook1855_25_0391.jpg)
> Handwritten Page Number on Record Book: 384
**March Term 1856. Monday April 28, 1856.**
said plaintiffs and against said defendans for the sum of One hundred and ninty seven dollars and eighty five cents. It is therefored considered and adjudged by the Court that said plaintiff recoved of William Holliday the principal and James W. Sherman the security in the bond given for the release of boat, the sum aforesaid inform aferesaid as agreed and also their costs and chareges herein expended and have thereof execution.
**Mary Strahlow, Plaintiff. vs. Theodore Strahlow, Defendant.**
Dismissal.
On motion of the plaintiff by here attorney, it is ordered by the court that this cause be dismissed, and that the defendant pay the costs herein accrued and that execution issue therefor.
**Richard B.Dallam, Plaintiff. vs. William Renshaw Jr, et. al. Defendants.**
Motion for Review of the finding at the Court filed.
**Joseph Street & Franicis Rintz, Plaintiffs. vs. Peter B. Garesche, Public Administrator of St. Louis County having in change the estate of William Buckley, deceased, Defendant.**
Judgement.
Now as this day come the parties aforesaid by their respective attorneys, and therefore come also a Jury, viz: Martin Davis, Willaim Noel, G. J. Decker, H. Johanning, B. Heidecker, William Sachs, James Mc. Manus, J. P. Geel, B. Lucker, William Stosberg, Louis Pellman and Adam Wardenburg, twelve good and lawful men, who being duly elected, geed amd sevorn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being cocluded, the jury aforisaid find for the plaintiff in the sum of two hundred and thirty six dollars, damages. It is therefore considered and adjudged by the court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended.
**Louis Brazeau, assignee &c. Plaintiff. vs. Louis A. Benerist, et. al, Defendants.**
Now at this day come Nicholas Hyde & Margaret Hyde, and enter their vouluntary apperance as parties defendant herein.
**William Mc. Adams, Plaintiff. vs. Daniel D. Page, and Henry D. Bacin, Defendants.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed as the costs of said plaintiff and that execution issue therefor.
**John How, Plainiff. vs. Charles F. White & Alexander Lee, Defendants.**
Judgement.
Now at this day comes again the plantiff by his attorney, and dismisses this suit as to the defendant Charles F. White, and waiving a Jury submits this cause to the Court [upon the pleadings and proofs ?] as to the defendant Alexander Lee, and the Court having duly heard and considered the same, doth fined from the instrument of writing on which this action to founded that said defendant is indebted to said plaintiff in the sum of Two hundred and four dollars and eighty six cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum of aforesaid in form aforesaid as found and also his costs and charged herein expended and have thereof execution.
**Henry B. Warner, et. al. Plaintiffs. vs. Lewis Jones, et. al. Garnishees, Defendants.**
Traverse of Garnishee's answer filed.
**Reuben Beardslee, Plaintiff. vs. Tumor Maddox, Defendant.**
Now at this day come the parties aforesaid by their respective attorneys and therefore come also a Jury, viz: Martin Davis, William Noel, G. J. Decker, John Morson, B. Heidicker, William H. Booth, James Mc. Manus, J. P. Geel, B. Lucker, William Stosberg, Louis Pellman, and Adam Wardenburg, twelve good and lawful men, who being duly elected, tried and sevorn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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**Viewer Page 393** (rcdbook1855_25_0392.jpg)
> Handwritten Page Number on Record Book: 385
**March Term 1856. Tuesday April 29, 1856.**
The Court mis pursuant to adjournment, Present as before.
Walker D. Shumate who is personally Known to the Court, comes into Open Court and acknowledges the execution by him of a Deed of Emancipation to the following named slaves, viz: Philip aged about forty three years, Jemima aged about forty years, Amanda aged about nineteen years, Jane aged about fourteen years, Mary aged about nine years, Elvira aged about five years, and Eviline aged about three years.
Arthur J. Magennis who is personally known to the Court comes into Open Court and acknowledges the execution by him of a Deed of Emancipation to Lyphax Bartlett aged about fifty years, about five feet seven inches high, sport sized and black colored.
**Jacob Baker, Plaintiff. vs. William Zigingham, Defendant.**
Motion to set aside default with leave to Answer filed.
**Pauline Newak, Plaintiff. vs. John Newak, Defendant.**
On motion of the plaintiff by her Attorney leave is given her to life an amended petition herein, within ten days from this date, copy of same to be served upon the defendant.
**Reuben Beardsle, Plaintiff. vs. Turner Maddox, Defendant.**
Now at this day came again the parties aforesaid by their respective Attorneys, and the Jury severn and empannelled herein also come, and thereupon the trial of this cause progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
**John Knauer, Plaintiff. vs. Alvs Blank, Defendant.**
On motion of the plaintiff by his Attorney, leave is given him to amend his petition herein by inserting "Charles" for "Alvis" wherever the same may occur in the petition, and which amendment was accordingly made, and on further motion of said plaintiff by his Attorney, it is ordered by the Court that an Alias Summons issue herein, returnable to the next term of this Court.
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**Viewer Page 394** (rcdbook1855_25_0393.jpg)
> Handwritten Page Number on Record Book: 386
**March Term 1856. Tuesday April 30, 1856.**
The Court mis pursuant to adjournment, Present as before.
George Mortin who is personally known to the Court, comes into Open Court and acknowledges the execution by him of a Deed of emancipation to a mulatto slave named Alonzo, aged about twelve years.
Benson Calvert who is personally known to the Court, comes into Open Court and acknowledges the execution by him of a Deed of Emancipation to his slave George about nineteen years old, about five feet ten inches high and dark complexion.
**Barnes L. Solemen & Henry I. Hart, Plaintiffs. vs. Daniel D. Page, Henry D. Bacon, David Chambers, Francis W. Page & Henry H. Haight, Defendants.**
Dismissal.
On motion of the plaintiffs by their Attorney, it is ordered by the Court that this suit be dismissed at the costs of said plaintiffs and that execution issue therefor.
**John P. Harley & Elias Wilmot, Plaintiffs. vs. Daniel D. Page, Henry D. Bacon, David Chambers, Francis W. Page & Henry H. Haight, Defendants.**
Dismissal.
On motion of the plaintiffs by their Attorney, it is ordered by the Court that this suit be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Philip Klein, Plaintiff. vs. John Gatting, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: William Sachs, H. Johanning, William Vetter, John Gorey, Charles Primm, D. Cassey, H. F. Raymen, M. Murphy, & E. Grant, by consent eight good and lawful men, who being duly elected, tried and severn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed, but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
**Joseph Street, et. al. Plaintiffs. vs. William Buckley's Admr. Defendant.**
Motion for now trial filed, and five days time given to file affidavit in support of said motion.
**Reuben Beardslee, Plaintiff. vs. Turner Maddox, Defendant.**
Now at this day come again the parties aforesaid by their respective Attorneys and the Jury sworn and empannelled herein also come, and thereupon the trial of this cause progressed and being concluded the Jury retire to consider of their verdict.
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**Viewer Page 395** (rcdbook1855_25_0394.jpg)
> Handwritten Page Number on Record Book: 387
**March Term 1856. Tuesday May 1st 1856.**
The Court mis pursuant to adjournment, Present as before.
**Reuben Beandslee, Plaintiff. vs. Turner Maddox, Defendant.**
Judgment.
Now at this day come again the parties aforesaid by their respective Attorneys, and the Jury severn and empannelled herein also come, and the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Nineteen hundred dollars, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Milley Murray, Plaintiff. vs. William Murray, Defendant.**
Dismissal.
On motion of the plaintiff by his Attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff, and that execution issue therefor.
**Philip Klein, Plaintiff. vs. John Gatting, Defendant.**
Judgment.
Now at this day come again the parties aforesaid by their respective Attorneys, and the Jury severn and empannelled herein also come, and thereupon the trial of this cause progressed, [but ?] and being concluded the Jury aforesaid upon their oaths aforesaid find the issues herein joined in favor of the defendant. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof execution.
**John Schilling, Plaintiff. vs. Anna C. Speck, Defendant.**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: Martin Davis. W. F. Raymond, G. J. Decker, John Morson, B. Heidecker, William H. Booth, James P. Creel, B. Lucker, William Stosberg, Louis Pillman, James Mc. Manus, and Adam Wardenberg, twelve good and lawful men, who being duly elected, tried and severn, well and truly to try the issues joined between the parties aforesaid, when by consent of parties by jury aforesaid is withdrawn, and leave is given both parties to amend their pleadings herein within five days from this date, and this cause is set at the foot of the trial docket of the present term of this court.
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**Viewer Page 396** (rcdbook1855_25_0395.jpg)
> Handwritten Page Number on Record Book: 388
**March Term 1856.**
The Court met pursuant to adjournment. Present as before
**Joseph B. Wells, Plaintiff vs 46 Daniel D. Page et. al. Defendants**
Abstract of issues filed
**Joseph B. Wells, Plaintiff vs 207 Daniel D. Page et. al. Defendants**
Abstract of issues filed
**Elizabeth A Kneves Plaintiff vs William & Kneves Defendant**
Answer filed
**James I Swearing et al Plaintiffs vs Edward F Christy et al Defendants**
And now at this day came the Plaintiffs and it as appearing to the court that the desire facias ordered as the April Term Eighteen hundred and fifty five against Mary S Mitchell, Farmy W. Mitchell, Susan Mitchell David D. Mitchell, Taylor B. Mitchell and Charles S Mitchell, infant children and him at law of Martha Eliza Mitchell deceased was duly served upon said infant Defendant on the Thirteenth July Eighteen hundred and fifty five and said infant defendants having failed to procure the appointment of a guardian to defend this suit at the last Term of this Court. The Court does on motion of said plaintiffs by their attorney David D. Mitchell the Father of said infant defendants their Guardian in this suit and directs said guardian to give bond according to law for the benefit of said infants in the sum of One thousand dollars Stipulation of Susan P. Christ, filed and here voluntary appearance herein entered.
James T. Swearingen and - Lebau, two credible witnesses, come into open court and prove to the satisfaction of the Court, that the signature of Theodosia Shother, the maker of, and J. Hunt Strather and S. Itrother the subscribing witnesses to, a Deed of Emancipation to a Slave named, William, to be in their own proper hand writing.
**Michael Haley Plaintiff vs The Pacific Rail Road Defendant**
Demurrer to amended petition filed
**Henry G. Soulard Plaintiff. vs The City of St. Louis Defendant**
Infunction
Now at this day come the parties aforesaid by their respective attorneys and waiving a fury submit this cause to the Court upon the pleadings and proofs, and therefore the trial of this cause progresses but that being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning
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**Viewer Page 397** (rcdbook1855_25_0396.jpg)
> Handwritten Page Number on Record Book: 389
**March Term 1856.**
The Court met pursuant to adjournment, Present as before
**John Doyle Plaintiff. vs Jane Doyle Defendant.**
Motion to strike out parts of answer filed.
**Reubew Beardslee Plaintiff vs Turner Maddox Defendant**
Motion in arrest of Judgment and motion for new trial filed. And until Monday next given Defendant to file affidavits in support of motion for new trial.
**Henry G. Soulard Plaintiff vs The City of St. Louis Defendant**
Now at this day came again tho parties by their attorneys and the triat of this cause progressed and being concluded, but the Court not being fully advised of and concerning the premises takes time to consider thereof
**March Term 1856.**
The Court met pursuant to adjournment Present as before
**Henry G. Soulard Plaintiff vs The City of St Louis Defendant**
Judgment
Now at this day come again the parties aforesaid by their respective attorneys, and the Court being now fully advised of and concerning the premises herein, doth find the issues herein joined in favor of the plaintiff. It is therefore considered and adjudged by the Court, that the injunction heretofore granted in the causes, be, and the same is hereby made perspetual and that said plaintiff recover of said Defendant his costs and charges herein expended, and have thereof execution. Finding of the Court filed.
**John Scott Plaintiff vs Hercules Carroll Defendant**
Abstract of Issues filed
**Thomas Allew Plaintiff vs The City of St Louis Defendant**
Now at this day came the parties aforesaid by their respective attorneys, and by consent of parties, the continuance heretofore entered herein is set aside, and the Plaintiff dismisses all of his petition herein except so much thereof as seeks to sustrain and enjoin the collection of the taxes therein mentioned. And there upon both parties waiving a Jury subject this cause to the court upon the pleadings and proofs, and the court haveing duly heard and considered the same, and being fully advised of and concerning he same doth find the issues herein joined in favor of the
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**Viewer Page 398** (rcdbook1855_25_0397.jpg)
> Handwritten Page Number on Record Book: 390
Plaintiff. It is therefore considered and adjudged by this Court that the injunction heretofore granted herein, be and the name is hereby made perpetual, and that said plaintiff recover of said Defendant his costs and charges herein expended, and have thereof execution pending of the court filed.
**Henry G.Soulard and Thomas T. Gautt Execution and Trustees by device of Idowdage issue decrease. Plaintiff vs. The Leity of St. Louis, Defendant.**
Judgment
Now at this day came the parties aforesaid by their respective attorneys, and the plaintiffs dismiss so much of their petition as claims to recover back taxes already paid by them, and thereupon both parties waiving a jury submit this cause to the court upon the pleadings and proofs and the court having duly heard and considered the same and being fully advised of and concerning the same, doth find issues herein joined in favor of Plaintiff. It is therefore considered and adjudged by the court that the injunction heretofore granted herein, be, and the same is hereby made perpetual, and that said, plaintiff recover of said Defendant his costs and charges herein expended and have thereof execution. Finding of the court field.
**David B.Drill, Plaintiff. vs. The city of St. Louis, Defendant.**
Judgment, Now at this day come the parties aforesaid by their respective attorneys, and the plaintiff dismiss so much of his petition as claims to recover back taxes already paid by him, and thereupon both parties waiving a jury submit this cause to the court upon the pleadings and proofs and the court having duly heard and considered the same and being fully advised of and concerning the same, doth find issues herein joined in favor of the Plaintiff. It is therefore considered and adjudged by the court that the injunction heretofore granted herein, be, and the same is hereby made perpetual, and that said, plaintiff recover of said defendant his costs and charges herein expended and have thereof execution finding of the court filed.
**Christian Krebben administrator of William Volland deceased, Plaintiff. vs. Henry Frahm, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and waiving a jury submit this cause to the court upon the agreed case heretofore filed herein. And the court having duly heard and considered the same, and being fully advised of and concerning the premises, doth find the issues therein in favor of the defendant.. It is therefore considered and adjudged by the court that said plaintiff fake nothing by his said suit in this behalf but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended. Finding of the court filed.
**Alexander Baily, Plaintiff vs. Joseph Mobridge & Francis M Faul, Defendants.**
Now at this day come the plaintiff by his attorney, but said Defendant Joseph Mobridge, although duly notified and called comes not but makes defendant. Wherefore on motion said plaintiff by his attorney it is ordered by the court that the petition of said plaintiff be taken against said Defendant as confessed. And thereupon the said defendant Francis M Paul appearing by his attorney, and both parties waiving a jury submit this cause to the court upon the pleadings and the proofs and the court having duly heard and considered the same, and being fully advised of and concerning the premises, doth find form such proofs. That said plaintiff has sustained damages, by reason of the premises set out in his petition as to the said Defendant Joseph Mobridge in the sum of Four hundred and seventy seven dollars and twenty nine cents. And as to the said Defendant Francis M Fanl in the sum of Three hundred and fifty five dollars and eighty eight cents. It is therefore considered and adjudged by the court. That said plaintiff recover of said defendant and respectively the several sums aforesaid in form aforesaid as found and also his costs and charges herein expended, and have thereof execution. Finding of the court filed.
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**Viewer Page 399** (rcdbook1855_25_0398.jpg)
> Handwritten Page Number on Record Book: 391
**James T Swearingen et al Plaintiffs vs Howard F Christy et al Defendants**
Acceptance by David D Meitchell of appointment as guardian ad litem of his infant children filed, who files his bond as such guardian, and which said bond is approved by the Court. Answer of infant Children by Guardian filed.
**In the matter of the assignment of Melville C. Libbey**
Affidavit for extension of time for filing Inventory filed and the Court haveing duly heard and considered the same doth extend the time for such filing until the tenth instant.
**Reuben Beardslee Plaintiff vs Twoner Maddox Defendant**
Affidavits in support of motion to set aside Judgment and for new trial filed.
**Richard Lloyd Plaintiff vs George B. Bruce Defendant**
Now at this day come the parties aforesaid by their respective attorneys and consent and agree that the Court may tender judgment in favor of said defendant and against said Richard Lloyd the principal and Peter Stretch the surety in the Replevin bond given herein for the sum of Fifty two dollars and forty five cents, as damages for the non-compliance with the terms of said bond. It is therefore considered and adjudged by the Court that said Defendant recover of said Principal and surety the sum aforesaid in form aforesaid as agreed, and also his costs and charges herein expended, and have thereof execution.
**Richard B. Dallam Plaintiff vs William Renshaw Jr & others Defendants**
The Court having duly heard and considered the motion for a review of the finding of the Court and being fully advised of and concerning the premises doth consider and adjudge that said motion be overruled
**James D. Pack et al Plaintiffs vs John Mc Himet Defendant**
The Court haveing duly heard and considered the motion for new new trial. And being fully advised of and concerning the premises doth consider and adjudge that said motion be overruled
**Isaac Rosenfeld Junior Toustee of Mc. Abrahams Co Plaintiff vs Charles Lefrance et al Defendants**
The Court haveing duly heard and considered the motion for New Trial, and being fully advised of and concerning the premises doth consider and adjudge that said motion be overruled.
**Enoch C. Brown Plaintiff vs Lorenzo P. Sanget et al Defendants**
The Court haveing duly heard and considered the motion to set aside the order of dismissal heretofore entered herein and being fully advised of and concerning the premise doth consider and adjudge that said motion be overruled.
**John G. Luce Plaintiff vs Lorenzo P. Sanger et al Defendants**
The Court haveing duly heard and considered the motion to set aside the order of dismissal heretofore entered herein and being fully advised of and concerning the premises doth consider and adjudge that said motion be overruled.
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**Viewer Page 400** (rcdbook1855_25_0399.jpg)
> Handwritten Page Number on Record Book: 392
**Jane Ann Kruse Plaintiff vs Adolph Kruse Defendant**
The court haveing duly heard and considered the motion to set aside & dismissal heretofor entered herein and for rehearing and being fully advised of and concerning the premises doth consider and adjudge that said motion be overruled.
**The Bank of the State of Missouri Plaintiff vs Worden P. Penn Defendant**
The court haveing duly heard and considered the motion to set aside order striking out answer to Plaintiffs second amended petition, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled
**St Louis and Iron Mountain Rail Road Plaintiff. vs The Widow & heirs of Joseph Guion. Theatise, Frederic, Josephine, Justine T. Marie, Philomena, Eulalie & Joseph Antoine Guion Defendant**
Dismissal.
The court haveing duly heard and considered the motion to dismiss this suit for want of prosecution and being fully advised of and concerning the premises doth consider and adjudge that the said motion be sustained, and that said plaintiff pay the costs and charges herein accrued, and that execution issue therefor.
**Jacob Baker Plaintiff vs William Zigingham Defendant**
The Court haveing duly heard and considered the motion to set aside the default herein and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
**Michael Haley Plaintiff vs The Pacific Rail Road Defendant**
The Court haveing duly heard and considered the Demurrer to the Amended petition herein and being fully advised assault concerning the premises doth consider and adjudge that said Demurrer be sustained, and leave is given plaintiff to file a second amended petition herein within twenty days time.
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**Viewer Page 401** (rcdbook1855_25_0400.jpg)
> Handwritten Page Number on Record Book: 393
**March Term 1856**
The Court met pursuant to adjournment. Present as before.
**Renben Beardslee, Plaintiff. vs. Turner Maddox, Defendant.**
The Court having duly heard and considered the motion for new trial herein and being fully advised of and concerning the premises doth consider and adjudge that said motion be sustained, and that a new trial be had herein during the next term of this court, and it is further considered and adjudged by the court that said Defendant pay the costs herein accrued during the present term of this court and that execution issue therefor.
**Gustave Thynr, Plaintiff. vs. John Schmidt et.al. Defendant.**
Petition for a rule nisi filed.
**Charles Mueller Administrator, Plaintiff. vs. Frederick Muller, Defendant**
Abstract of Issues filed.
**William R. Robinson, Plaintiff. vs. William Sigerson, Defendant.**
The court having duly heard and considered the motion to set aside non suit herein and being fully advised of and concerning the premises doth consider and adjudge that said motion be overruled.
**David Y Bordges et.al Plaintiffs. vs. John W.Hedenberg Surv Part, Defendant**
The Court having duly heard and considered the motion strike out a portion of the plaintiffs amended petition, beginning on the second page thereof after the figures "#819.50" and ending on the seventh line of the third page thereof after the word "specified" and being fully advised of and concerning the premises doth consider and adjudge that the same sustained.
**Louis Braziaurt assignee of Augusthis S. and Samuel A. Brazeaurt. Plaintiff. vs. Louis A Benoist, Charles Sanguinetle [and ?] John M.Taylor, Nicholas Hyde and Margaret Hyde. Defendants.**
The court having duly heard and considered the demurrer to the amended petition herein and being fully advised of and concerning the premises, doth consider and adjudge that the said demurrer be sustained. And that said plaintiff Fake nothing by his said suit in this behalf, but that said Defendants go thereof without day and recover of said plaintiff their costs and charges herein expended and have thereof execution.
**In the matter of the assignment of John Bellevard**
On the application of Richard R. Field and others who are persons interested in the estate assigned by John Bellevard. It is ordered by the court that citation issue against Henry and Joseph Jacks assignees of said John Bellevard requiring them to appear in this court on the Twenty fourth day of May Eighteen hundred and fifty six, and exhibit, on oath on affirmation. The accounts of their said trust or show cause to the Contrary.
**John S.M.Lenne et. al. Plaintiff. vs. Joseph S. Hull et. al. Defendant.**
The court having duly heard and considered the exceptions to the report of the Commissioner herein and being fully advised of and concerning the premises, doth consider and adjudge. That the same be overruled; whereof on
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**Viewer Page 402** (rcdbook1855_25_0401.jpg)
> Handwritten Page Number on Record Book: 394
motion of the plaintiff by their attorney it is considered and adjudged by the court that the said report be and the same is hereby confirmed, and the court allows Chester Harding Junior the sum of thirty dollars for his services as commissioner herein, to be fixed as costs herein.
**John S M Cune and Peter L Van Deventer Plaintiff vs. James M.Lyon and Anna M Lyon. Defendants.**
Now at this day come the petitioners and file the report their proceedings in the matter of the sale of the real estate in the petition mentioned, showing that said petitioners were the highest and best bidders for the several lots in the report mentioned, and that the total sales of said real estate amounted to the sum of Six thousand nine hundred and ninety dollars and that said petitioners became purchases of said real estate at said sum in the manner set fourth in said report, and the bond and agreement between the petitioners and the said Lyon and wife being returned by said, Lyon and wife to the petitioners, and filed with said report; and the court being satisfied from said report and the evidence herein, that said sale was fairly, and openly conducted. The court on motion of said petition doth order and adjudge that said sale and purchase by the petitioners he in all things confirmed and stand good.
John Y Page Esq. in a few beautiful and has to remarks suggested to the court the death of Isaac Benjamin Gwathmey Esq. Late a member of the St. Louis far, and on his motion it is ordered that the court do now adjourn and that the following proceedings of the members of the St. Louis far be spread upon the records of this day to wit whereas, the members of the St. Louis Bar have learned the death of their friend and brother J. Benjamin Gwathmey, therefore be it.
Resolved, that we receive this intelligence with heartfelt sorrow.
Resolved, that in the death of W.Gwathmey we have last, many of us, a warm and sincere personal friend, all of us an associate whose manly qualities recommended him to the highest consideration.
Resolved, that by this sad dispensation of Divine Providence this bar has last a young and most promising member of the profession, society a useful citizen, and community that bright ornament, a Christian gentleman.
Resolved, that we tender our sincere sympathy to the beteaved family of our decreased brother.
Resolved, That a easy of the proceedings of this meeting be presented to the several courts of this city, with the request that they be placed on the records of said courts
Upon motion, the Chair appointees the following members the Bar to present the foregoing Relations to the several court of record of this city.
Supreme Court, C.C. Drake Esq: Circuit Court U.S. Thomas C. Reynolds, Eeq: Common pleas court, William G. Blackwood, Esq: Land Court, John C Richardson Esq: Criminal Court, Henry A. Hart, Esq: Law Commissioners Court, St. Kinsey, Esq: Circuit Court of State, John G.Page.
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**Viewer Page 403** (rcdbook1855_25_0402.jpg)
> Handwritten Page Number on Record Book: 395
**March Term 1856**
The Court met pursuant to adjournment, Present as before.
**Thomas L. Salisbury, Plaintiff. vs. Edward Wyman and Sanford B. Kellogg, Defendants.**
Amended petition filed by leave of court a copy of same to be furnished Defendants.
**John Dozle Plaintiff. vs. Jane Dozle, Defendant**
The Court having duly heard and considered the motion to Strike out point's of the answer herein and being fully advised of and concerning this premises doth consider and adjudge that said motion be overruled.
**Edward E. Archer, Plaintiff. vs. Andrew Mc. Michan and William Ballentine Defendants.**
The Court having duly heard and considered the motion for new trial here in and being fully advised of and concerning this premises doth consider and adjudge that said motion be overruled.
**Michael Finnegan Plaintiff. vs. Addison G. Bragg Defendant.**
Abstract of Issues files.
**William Beal et.al. Plaintiff. vs. Alexander Leitch et.al. Defendants.**
Abstract of Issues files.
**Nathan H.Stockwell. Plaintiff. vs. Luther Woods. Defendant.**
Continued by consent at costs of Plaintiff
**Jane Ann Kruse Plaintiff. vs. Adolph Kruse Defendant.**
Bill of Exceptions files.
**J.N.Taylor and E.Taylor Plaintiffs. vs. Henry Stratman. Defendant.**
On motion of the plaintiffs by their attorney it is ordered by the court that this cause be dismissed at the cost of said plaintiffs, and that execution issue therefor
**Enroch W.Clark, Luther C Clark Edward Chase and Edward Dodge Plaintiffs. vs. William Tanner, Defendant.**
On motion of the plaintiffs by their attorney it is ordered by the court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Shepherd and Spence, Plaintiff. vs. St. Charles Western Plauk Road Company, Defendants.**
Continued by consent.
**Edward Bredell et. al. In Partition**
Continued
**Masses Ely et. al. Plaintiff. vs. George Smith Defendant.**
Continues.
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**Viewer Page 404** (rcdbook1855_25_0403.jpg)
> Handwritten Page Number on Record Book: 396
**Peter Reifschneider Plaintiff. vs. Margaretha Reifschneider, Defendant.**
Continued.
**Henry April Plaintiff. vs. James S. Thomas, Defendant.**
On motion of the plaintiff by his attorney this cause is continued at the cost of said plaintiff.
**Rudolph Meyer Plaintiff. vs. Mississippi and Ohio Rail Road Company, Defendant.**
Continued.
**John H. Rankin Plaintiff. vs. August Sochner, Defendant.**
On motion of plaintiff by his attorney it is ordered by the court that this cause be dismissed at the costs of said plaintiff. that execution issue therefor.
**Linus Jackson Plaintiff vs. Joseph M Entire and Alhamba Reider Defendants.**
Continued
**William Milburn et.al. Plaintiff vs. Christopher C.M Lure Defendants.**
Continued
**John Moplander Plaintiff vs. James Bolger Defendant.**
Continued
**William Milburn et. al. Plaintiffs vs. Elzear Blanchard Defendant.**
Continued
**William Milburn et. al. Plaintiffs vs. John Hogan Defendant.**
Continued
**James Greham and Syman Sherwood Plaintiffs vs. Jacob Ingraham Defendant.**
Continued as on affidavit at costs of Defendant.
**Anna Maria Rank Plaintiff vs. John Nicholas Rank Defendant.**
Continued
**James Harrison Plaintiff vs. Samuel Lutee and A. Sinwille Defendants.**
On motion of plaintiff by his attorney it is ordered by the court that an alias summons issue herein returnable to the next term of this court and this cause is continued until the next term of this court.
**James Harrison Plaintiff vs. Charles Hays and Drury Hall Defendants.**
On motion of plaintiff by his attorney it is ordered by the court that an alias summons issue herein returnable to the next term of this court and this cause is continued until the next term of this court.
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**Viewer Page 405** (rcdbook1855_25_0404.jpg)
> Handwritten Page Number on Record Book: 397
**Charles G. Chandler Plaintiff. vs. Wiley J.Stratton Executor of William C.Jewill Deceased Defendant**
Appeal
Now at this day come the parties aforesaid by their respective attorney and thereupon come also a jury to wit Samis J.Moore, F.Datleywig E.Wahler, H.Meinhardt, J.V. Lichensteen, Wm. J. Barrow, S.Barrow, P.Wilson, J.Kennedy P.Devoy, F.F. Peters and John M.Feldman, twelve good and lawful men. Who being duly elected trial and sworn well and truly to try the issues joined between the parties aforesaid the trial of this cause, progressed, and being concluded, the jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Twenty five dollars damages. It is therefore considered and adjudged by the court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and that this cause be certified to the St. Louis Probate Court, there to be proceeded in according to the Statue in such cases made and provided.
Edward Bredell who is personally known to the court comes into open court and acknowledges the execution by him of a deed of emancipation to a Negro man named John Parker aged about forty three years.
**The Bank of The State of Missouri, Plaintiff. vs. Worden P. Penn, Defendant.**
Judgment
Now at this day comes said plaintiff by its attorney and the said defendant having failed to file a new answer herein within the time all owed him so to do, it is on motion of said plaintiff by its attorney considered by the court that the petition of said plaintiff be taken against said defendant as confessed, and thereupon the plaintiff waiving a jury submits this cause to the court, and the court having duly heard and considered the same doth find form the instrument of writing upon which this suit is founded that said defendant is in debited to said plaintiff in the sum of One thousand four hundred and seventy dollars. It is therefore considered and adjudged by the court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found, and also its costs and charges herein expended and have thereof execution.
**John Scott, Plaintiff vs. Hercules Barrall, Defendant.**
Now at this day comes the parties aforesaid by their respective attorneys and there upon come also a jury to wit James J Moore, H. Datbelzing, E. Wahler, H Minhardt, J.V. Lichtenstein, W. J. Barrow, S. Barrow, P. Wilson, J. Kennedy, P. Devoy, F.F. Peters, and John M. Feldman twelve good and lawful man who being duly elected tried and sworn well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being concluded the jury retire to consider of their verdict.
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**Viewer Page 406** (rcdbook1855_25_0405.jpg)
> Handwritten Page Number on Record Book: 398
The Court met pursuant to adjournment Present as before.
**John Sealt Plaintiff. vs. Hercules Carroll, Defendant.**
Judgment
Now at this day come again the parties aforesaid by their respective attorneys and the jury empanelled and sworn herein also come, and the jury aforesaid upon their oaths aforesaid find for the Plaintiff in the sum of Two hundred and fifty dollars damages. It is therefore considered and adjudged by the court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found also his costs and charges herein expended, and heave thereof execution. Motion for new trial filed.
**James N Swearingen et. al. Plaintiffs. vs. Edward F Lehristy et. al. Defendants.**
And now at this day come the parties in this action. The infant children of Martha E Mitchell by their guardian David D. Mitchell and submit this cause to the court, and the court having fully heard and considered the same and being fully advised of and concerning the premises does order, adjudge and decree that the judgment heretofore rendered stand valid and effectual against Susan Preston lehristy the widow of Edwrd F. Lehricty decreased who is invested with the interest of Edward F. Lehriston in and to the lots below describes and unsold, and Orleana Schanmbough, Martha Ann Wills, Mary F. Glasgon, and William N. Glasgon her husband and William F. Wright, the Hiens at law of Thomas A. Wright deceased which said Orleana, Martha Aun, Meary F and William F. are lach invested with the om fourth part of the interest of said Thomas A Wright in said two lots William N Glasgon in entitled to curtieln in the share of said Marry F. Glasgon therein; and also against Mary S. Mitchell, Danny N. Mitchell, Sudan P. Mitchell, David D. Mitchell, Jaylor B. Mitchell and Charles S. Mitchell the infant children of Martha Elizee Mitchell deceased each one of whom, is invested with the one sixth part of the interest of said Martha S. Mitchell in said two oats and against David D. Mitchell the husband of Martha S. Mitchell who is entitle to currency in the interest of said Martha S. Mitchell, and the court does further order that the two lots heretofore ordered to be sold lying in the additional to the city of St. Louis made by William Lehristy in the year Eighteen hundred and Thirty Six namely lot number, eighteen in block number one, and lot number eleven in block number two be sold by the Sheriff of the country of saint Louis according to law upon. These terms one third each, and the balance in two equal payments at six and twelve months, the deferred payments to bear six percent per annum interest secured by deed of truth upon the property sold.
**Richard B. Dallam, Plaintiff vs. Willam Renshaw J. et. al. Defendants.**
Bill of Execution files.
**Pauline Nowak Plaintiff vs. John Nowak Defendant**
Amended Petition files.
**John Doyle, Plaintiff vs. Jane Doyle, Defendant.**
Bill of Executions files.
**Henry April, Plaintiff. vs. James S. Thomas, Defendant.**
Motion for security for costs filed.
**Mary Lable Plaintiff. vs. Isaac C. Cable Defendant.**
Continued
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**Viewer Page 407** (rcdbook1855_25_0406.jpg)
> Handwritten Page Number on Record Book: 399
**Joseph E. Elder Plaintiff. vs. Turner Maddox Defendant.**
Now at this day come the parties aforesaid by their respective attorneys and the Plaintiff admitting that he had refused to make return of the property mentioned in the order of delivery heretofore made herein, the bond given for the return of said property wherein said Joseph E. Elder is the obligor principal and William Mathew is obligor surety, is declared and adjudged forfeited; and thereupon the parties submitting the code for assessment of damages for breach of said bond, by consent of parties the court doth assess the damages at the sum of Four hundred and eighty three dollars. It is therefore considered and adjudged by the court that said Defendant Turner Maddox recover of the said Joseph E. Elder and William Mathew the sum aforesaid in form aforesaid as assessed and have thereof execution.
**Lyrenus L. Simmon and Ezra Mundy Plaintiff. vs. Elizabeth Royce, Defendant.**
Judgment
Now at this day come the Plaintiff by their respective attorney and the Defendant comes not, and the Plaintiff waiving a jury submit this cause to the court upon the pleadings and proofs and the court having duly, heard and considered the same doth find from such proofs that said Plaintiff have sustained damages by reason of the premises set out in their petition in the sum of One thousand six hundred and ten dollars. It is therefore considered and adjudged by the court that said Plaintiff recover of said Defendant the sum aforesaid in form aforesaid as found, also his costs and charges herein expended, and have thereof execution. Finding of the court filed.
**Rebecca M Donald Plaintiff. vs. Robert M Donald Defendant.**
Divorce Decree
Now at this day comes said Plaintiff by her attorney, but said Defendant although duly summoned and called comes not but makes default, wherefore on motion of said Plaintiff by her attorney it is considered by the court that the petition of said Plaintiff be taken against said Defendant as confessed, and the Plaintiff waiving a jury submits this cause to the court upon the pleadings and proofs, and the court having duly heard and considered the same doth find form such proofs that said Plaintiff is an injured and innocent person. It is therefore considered and adjudged by the court that said Plaintiff be absolutely and forever divorced from the bond of matrimony by her contracted with the Defendant and be restored to all the rights and privileges of and upon aside person and that said Plaintiff have and retain the care and custody of her two infant children William Thomas Mc Donald and Robert Alexander Mc Donald until the further order of the court. And it is further ordered that the Defendant pay to the Plaintiff the sum of One hundred and fifty dollars a year in quarterly payments, to be computed from the first day of time next for her support and maintenance of the said children, and that this allowance is to continue until further order, and be subject to variation as circumstances may require and that said Plaintiff recover of said Defendant her costs and charges herein expended, and have thereof execution.
**James M. Skelton Plaintiff. vs. Mary Ann Skelton, Defendant**
Divorce Decree
Now at this day comes again said Plaintiff by his attorney and on his motion the order of continuance heretofore entered herein at the present term of this court is set aside and thereupon the Plaintiff waiving a jury submits this cause to the court upon the pleadings and proofs, and the court having duly heard and considered the same doth find form such proofs that said Plaintiff is an injured and innocent person. It is therefore considered and adjudged by the court that said Plaintiff be absolutely and forever divorced from the bond of matrimony by him contracted with said Defendant and be restored to all the rights and privileges of an unmarred person and it is further considered by the court that said Plaintiff pay the costs and charges herein expended, and that execution issue thereof.
**George F Bourlier Plaintiff vs. Francis A. Hunt et. al. Defendant.**
Continued as on affidavit at costs of Plaintiff.
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**Viewer Page 408** (rcdbook1855_25_0407.jpg)
> Handwritten Page Number on Record Book: 400
**Berthia P. Liggets, Plaintiff. vs. Christian M. Lligget Defendant**
Divorce Decreed
Now at this day come said plaintiff by her attorney, the defendant comes not, and the plaintiff waiving a jury submit this court upon the pleadings and proofs and the court having duly heard and considered the same doth find form such proofs that said plaintiff is an innocent and injured person. It is therefore considered and adjudged by the court that said plaintiff be absolutely and forever divorced form the bonds of matrimony by her contracted with said defendant and he restored to all the rights and privileges of an unmarred person, and it is further considered and adjudged by the court that the plaintiff recover of the Defendant her costs and charges herein expended, and have thereof execution.
**Thomas B. Hapkinson Plaintiff vs. The City of St. Louis, Defendant**
Dismissal
Now at this day this cause being called for trial, and no one appearing to prosecute the same. It is ordered by the court that this cause be dismissed at the cost of said plaintiff and that execution issued therefor.
**John Biddle Plaintiff vs. The City of St. Louis Defendant**
Dismissal
Now at this day this cause being called for trial, and no one appearing to prosecute the same. It is ordered by the court that this cause be dismissed at the cost of said plaintiff and that execution issued therefor.
**Michael Finnegan Plaintiff. vs. Addison G. Bragg Defendant**
Continued as on affidavit at cost of plaintiff
**Michael Cavanaugh Plaintiff. vs. Franklin Field Defendant.**
On motion of the plaintiff by his attorney it is ordered by the court that this cause be dismissed at the cost of said plaintiff and that execution issue therefor.
**Mary Luron Plaintiff vs. William Luron Defendant.**
Order of Publication
It appearing to the satisfaction of the court from the affidavit of said plaintiff that said defendant is a non resident of the State of Missouri and cannot be served with process. It is therefore, on motion of said plaintiff by her attorney, ordered by the court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against him in the St. Louis Circuit Court, the object of which is to obtain a divorce form him on the ground of desertion, and that unless he be and appear at the next term of said court to be begin and helds at the city of Saint Louis within and for the country of the St. Louis in the State of Missouri on the fourth Monday of October next on or before the sixth day of said term and answer to the petition of said plaintiff the same will be taken against him as confessed and this cause is continued until the next term of this court.
**Thomas A. Buckland Plaintiff. vs. Dominique J. Lehilds and Nathaniel Lehilds junior Defendants.**
On motion of the plaintiff by his attorney it is ordered by the court that this cause be dismissed at the cost of plaintiff and that execution issue therefor.
**Patrick Fury Plaintiff. vs. Thomas Burke Defendant.**
Motion for security for costs filed.
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**Viewer Page 409** (rcdbook1855_25_0408.jpg)
> Handwritten Page Number on Record Book: 401
**Edmund D. Taylor Plaintiff vs James J. Swearingen Defendant**
It appearing to the satisfaction of the court, by proof, that the whole of the judgment rendered in this court in favor of the said Plaintiff against the said Defendant, on the seventeenth day of June eighteen hundred and f
**Edmund D. Taylor Plaintiff vs James F. Swearingen Defendant**
Affidavit for alias execution filed
The Court met pursuant to adjournment Present as before
**William D. Houghfaling Plaintiff. vs. Sylvester W. Ball, Defendant.**
Continued by consent
**Henry Ashbrooth Junior Plaintiff. vs. O.H.Pratt Defendant.**
Answer to amended Petition filed.
**Thomas B. Hopkinson Plaintiff. vs. The City of St. Louis, Defendant.**
Motion to reinstate filed.
**John Biddle Plaintiff. vs. The City of St. Louis Defendant.**
Motion to reinstate filed.
**Catharine Pedro Plaintiff. vs. Peter Pedro Defendant.**
Divorce Decree
Now at this day comes said plaintiff by her attorney, but said defendant although duly summoned and called comes not but makes defendant, therefore on motion of said plaintiff by her attorney it is ordered by the court that the petition of said plaintiff be taken against said defendant as confessed, and the plaintiff waving a jury submits this cause to the court upon the pleadings and proofs and the court having duly heard and considered the same doth find from such proofs that the plaintiff is an injured and innocent person. It is therefore considered and adjudged by the court that said plaintiff be absolutely and forever divorced from the bond of matrimony by her contracted with said defendant and be restored to all the rights and privileges of an unmarried person, and it is further considered and adjudged by the court that said plaintiff pay the costs and charges herein expended and that execution issue therefor.
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**Viewer Page 410** (rcdbook1855_25_0409.jpg)
> Handwritten Page Number on Record Book: 402
**Richard K. Swift et. al. Plaintiff. vs. Robert H. Davis Defendant.**
On motion of the plaintiff by their attorney it is ordered by the court that this cause be dismissed at the cost of plaintiffs and that execution issue therefor.
**William G. Fife et. al. Plaintiff. vs. Card Dehaut et. al. Defendant.**
Abstract of issue filed.
**Thomas C. Wales Plaintiff. vs. Francis Walkins Defendant.**
Abstract of issue filed.
**John W. Jooly Plaintiff. vs. Cornelius Noonan Defendant.**
Abstract of issue filed.
**State to use of Jacob Ehrmgert Plaintiff. vs. William N. White et. al. Defendant.**
Abstract of issue filed and Reply to set off filed.
**Garret Worthington et. al Plaintiff. vs. William A. Elliatt et. al. Defendants.**
Motion to dissolve injunction filed.
**Thomas B. Ellis Plaintiff. vs. Steam Boat David Tatun Defendant.**
Continued by consent of paraties.
**Samuel Mannder Plaintiff. vs. Charles Semsele et. al. Defendant.**
Continued at least of plaintiff.
**Maria E. Stillman Plaintiff vs John Wickham administrator of Nicholas Bolvin deceased Defendant**
Continued at Cast of Plaintiff
**Maria H. Boilvin Plaintiff. vs. John Wickham administrator of Nicholas Boilvin deceased Defendant.**
Continued at cost of plaintiff.
**Michael Leayon Plaintiff. vs. Margaret Leayon Defendant.**
Continued.
**Charles D.Drake Plaintiff. vs. Charles P. Chouteau Defendant.**
Continued by consent
**Charlotte Smith Plaintiff. vs. William Smith Defendant.**
On motion of the plaintiff by his attorney it is ordered by the court that an alias summon issue herein returnable to the next term of this court and that this cause be continued until the next term of the this court.
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**Viewer Page 411** (rcdbook1855_25_0410.jpg)
> Handwritten Page Number on Record Book: 403
**Charles Speck et. al. plaintiff vs. The Steam Boat James E. Woodruff Defendants.**
Continued by consent of parties.
**Jesse Hensen Plaintiff. vs. Lorenzo P Sanger et. al. Defendants.**
Continued at cost of plaintiff.
**John M Mckeage. plaintiff vs. William Wible Defendants.**
Continued as on affidavit at cost of defendant.
**Florentine Perrault Plaintiff. vs. Daniel Perrault Defendant.**
Motion for alimony filed.
**Elizabeth Wilkinson Plaintiff. vs. Geroge Wilkinson Defendant.**
Order of Publication
It appearing to the satisfaction of the court from the affidavit of said plaintiff that said defendant is a non resident of the State of Missouri and cannot be served with process, it is therefore, on motion of said plaintiff by her attorney ordered by the court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against him in the said Louis Circuit Court, the object of which is to obtain a divorce from him on the ground of desertion, and that unless he be and appear at the next term of said court, to be begun and held at the city of Saint Louis within and for the country of Saint Louis in the state of Missouri on the fourth Monday of October next, on or before the sixth day of said term, and answer to the petition of said plaintiff the same will be taken against him as confessed, and this cause is continued till the next term of this court.
**In the matter of the assignment of Francis Timmerman**
Now at this day comes William Minor assignee of said Francis Timmerman by his attorney and files an Inventory of the property and effects assigned to him. And on motion of said assignee by his attorney Christian Kretzer and Henry Holcher are appointed to appraise the property and effects to as aforesaid assigned.
**Joseph E. Elder Plaintiff. vs. Turner Maddox Defendant.**
Satisfaction
Now at this day comes said defendant by his attorney, and acknowledges to have received full and entire satisfaction of the judgment rendered herein upon the Replevin Bond.
**Charles S. Hempstead Plaintiff. vs. John D. Wilson admr of Thomas Hempstead**
Order of Publication
The Sheriff having made return that said defendant John Biddle cannot be found, and the court being satisfied that said defendant cannot be served with process; it is therefore, on motion of said plaintiff by his attorney, ordered by the court that said defendant be notified by the publication according to law fo this order, that said plaintiff has instituted suit against him in the St. Louis Circuit Court the object of which is to obtain a judgment against him for the sum of Ten thousand two hundred and forty four dollars sixty seven cents alleged to have been said by said plaintiff for said defendants, and that unless he be and appear at the next term of said court to be begun and held at the city of St. Louis within and for the country of St. Louis in the State of Missouri on the fourth Monday of October next, on or before the sixth day of said term, and answer to the petition of said plaintiff the same will be taken against him as confessed, and this cause is continued till the next term of said court
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**Viewer Page 412** (rcdbook1855_25_0411.jpg)
> Handwritten Page Number on Record Book: 404
**Friday May 9. 1856**
**Joseph B. Wills, Plaintiff. vs. Daniel D. Page & Henry D. Bacon, Defendants.**
Judgment
Now at this day comes said plaintiff by his attorney, defendant come not, and thereupon come also a Jury, viz: James J. Morre, E.Wahler, J.V. Lichtenstein, William J. Barrow, P. Wilson, F.F. Oeters, F. Datlelzing, H. Meinhardt, F. Revire, S.Barrow, J.Kennedy and J.M.Feldman, twelve good and lawful men, who being duly elected, true and sworn, well and truly to try the issues joined between the parties aforesaid. The trial of this cause progressed and being concluded, the jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Five thousand two hundred and seventy two dollars and thirty four cents, damages. It is therefore considered and adjudged by the court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and that he have interest therein at the rate of ten percent per annum, and also his costs and charges herein expended and have thereof execution.
**Sydney S. Jerman, Plaintiff. vs. Lewis F. Lacy, James B. Ricords, Dominic J Childs & Nathaniel Childs Jr. Defendants.**
Judgment
Now at this day come the parties aforesaid by their respective attorneys, and the defendants Lewis F. Lacy, James B. Ricords & Nathamil Childs Jr, withdraw their answers filed herein, wherefore on motion of said plaintiff by his attorney, it is considered by the court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff and defendant Dominic J. Childs waiving a jury, submit this cause to the court upon the pleadings and proofs, and the court having duly heard and considered the same, doth find from such proofs that said defendants are indebted to said plaintiff in the sum of Eleven hundred and seven dollars and sixty cents. It is therefore considered and adjudged by the court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution. Finding of the court filed.
**William Beal & Robert R. Forman, Plaintiffs. vs. Alexander Leitch, Arther Leithc and Isaac H. Strungen, Defendants.**
Judgment
Now at this day come the parties aforesaid by their respective attorneys, and the defendants withdraw their answers filed herein, wherefore on motion of said plaintiff by their attorney, it is considered by the court that the petition of said plaintiff be taken against said defendants as confessed, and the plaintiff waiving a jury, submit this cause to the court upon the pleadings and proofs, and the court having duly heard and considered the same, doth find from such proofs that said defendants are indebt ed to said plaintiff in the sum of One hundred and seventy seven dollars and five cents. It is therefore considered and adjudged by the court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution.
**In the matter of the assignment of Melville C. Libly**
Inventory filed.
**Frederick Landols, Administrator of Charles Muller, deceased, Plaintiff. vs. Frederick Mueller, Defendant.**
Judgment
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a jury viz: James J.Morre, E. Wahler, J.V. Lichenstuen William J Barrow, P. Wilson, F.F.Oeters, F. Datlelzwig, H. Mainhadt, F. Revire, S. Barrow, J. Kennedy and J.M.Fildman, twelve good and lawful men, who being duly elected, triad and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being concluded, the jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Two hundred and thirty two dollars and five cents, damages. It is therefore considered and adjudged by the court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and his costs and charges herein expended thereof execution.
**George Weilss, Plaintiff. vs. James H. Tucker, Defendant.**
Dismissal
Now at this day this cause being called for trial and no one appearing to prosecute the same, it is ordered by the court that this cause be dismissed at the costs of said plaintiff and that execution issue thereof.
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**Viewer Page 413** (rcdbook1855_25_0412.jpg)
> Handwritten Page Number on Record Book: 405
**Tracy P. Turner, Plaintiff. vs. Thomas Page, Eleazer P. Petters, and Henry B. Belt, Defendants.**
Non Suit.
Now at this day comes said plaintiff by his Attorney and says he will not further prosecute his said suit in this behalf but voluntarily takes a non suit. It is therefore considered and adjudged by the Court that said plaintiff [recover at ?] take nothing by his said suit in this behalf, but that said defendants go thereof without day and recover of said plaintiff their costs and charges herein expended and have thereof execution.
**Catherine J. Mc. Caslin, Plaintiff. vs. Daniel D. Page, Henry D. Bacon, David Chambers, Henry H. Haight and Francis W. Page, Defendants.**
Judgment.
Now at this day comes said plaintiff by her Attorney, and dismisses this suit as to the defendants David Chambers, Henry H. Haight and Francis W. Page, the defendants Daniel D. Page and Henry D. Bacon come not, and the plaintiff waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff has sustained damage by reason of the premises set out in her petition in the sum of Eight hundred and seventeen dollars and ninety cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also her costs and charges herein expended and have thereof execution. Finding of the Court filed.
**James Harrison, Plaintiff. vs. Andrew J. Benson & James Benson, Defendants.**
Order of Repllevin.
Now at this day comes the plaintiff and files a petition and affidavit according to law, claiming the profession of certain personal property therein described, therefore it is ordered by the Court that the defendants deliver the property specified in the petition to the Sheriff of St. Louis County, and said Sheriff is hereby directed if said property be not delivered to him to take it from the defendants and deliver it to the plaintiff.
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**Viewer Page 414** (rcdbook1855_25_0413.jpg)
> Handwritten Page Number on Record Book: 406
The court met pursuant to adjournment Present as before
**In the matter of the assignment of Southard S. Homans**
Now comes the said Southard S. Homans, assigner herein, and presents his petition to the court, verified by affidavit; and it appearing therefore, and the court being fully satisfies, that Isaac Benjamin Gwathmey, assignee of said Homans under his deed of assignment dated the. . . . day of July Anno Domini Eighteen hundred and fifty five, and filed in the Clerk Office of this court died on the fifth day of may anno Domini Eighteen hundred and fifty six: that said assignee had sold the property and effects assigned, under the orders of this court and received therefor the sum of seven thousand three hundred dollars of which no dividend has been declared nor any order of payment made, and that the affairs of said assignment will remain unsettled: It is ordered on motion of Charles D. Drake Esquire, Attorney, for T. & J. N. Johnson, creditors of said Homans interested in said assignment, and a may suit in interest of the creditors of said Homans also assenting Thereto by their respective attorney, that Henry Hitchcock be and he is hereby appointed assignee and successor in said trust of the said Gwathmey, and that he give security as such assignee according to law in the sum of Fifteen thousand dollars; and that he take possession of and receive from the representatives of said Gwathmey, all the moneys, books, papers, evidences of debt and other property or effects belonging to said assignment, and execute said trust so far as the same remains to be done. And the said Henry Hitchcock appears and files his bond as such Assignee with James E Goatman and Robert R Woods as securities, which is approved by the Court.
**Thomas J. Beirne Plaintiff vs David D. Page et al Defendants**
Abstract of Issues filed
**Enoch N. Clark et al Plaintiffs vs Joseph H. White Defendants**
Abstract of Issues filed
**Joseph R. Wendover Plaintiff vs Isaac T. Wise Defendant**
Abstract of Issues filed
Martin Wash who is personally known to the Court, comes into Open Court and acknowledges the execution by him of a Deed of Emancipation to Mary Jane aged sixteen years, and of Copper color:
**Thomas L. Salisbury, Plaintiff. vs. Edward Wyman, et. al. Defendants.**
Continued by consent with leave to defendants to answer to amended Petition on or before the first day of the next term of this Court.
**Linus Jackson, Plaintiff. vs. Frederick Schulenburg, et al. Defendants.**
Abstract of Issues filed
**Linus Jackson, Plaintiff. vs. Herman Rallmann, et. al. Defendants.**
Abstract of Issues filed
**Linus Jackson, Plaintiff. vs. Frederick Schulenburg, et al. Defendants.**
Abstract of Issues filed
**Thomas H. Bate, Plaintiff. vs. W. Seelye, Garnishee of Thomas G. Stewart, Defendant.**
Motion to strike out papers filed as Interrogatories filed.
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**Viewer Page 415** (rcdbook1855_25_0414.jpg)
> Handwritten Page Number on Record Book: 407
**Edward E. Archer, Plaintiff. vs. Andrew Mc. Mechan, et al. Defendants.**
Bill of Exceptions filed.
**Florentine Perrault, Plaintiff. vs. Daniel Perrault, Defendant.**
Demurrer to Petition for Alimony filed.
**Henry Lewis Jr. et al. Plaintiffs. vs. Henry Lyons, Defendant.**
Abstract of issues filed.
**Jacob Baker, Plaintiff. vs. William Zigingham, Defendant.**
Judgment.
Now at this day comes again said plaintiff by his Attorney, and Thereupon come also a Jury, viz: James T. Moore, F. Dattelzing, E. Wahler, H. Meinhardt, J. V. Lichenstien, William Williamson, William T. Barrow, S. Barrow, P. Wilson, J. Kennedy, F. F. Oeters, and John M. Feldman, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to assess the damages sustained by said plaintiff by reason of the premises set out in his petition, and having heard the evidence upon their oaths aforesaid find for the plaintiff in the sum of Fifty dollars. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Chester W. Pomerey & James Andrews, Plaintiffs. vs. John Sigerson, Defendant.**
Change of Venue.
Now at this day comes said defendant by his Attorney and files his petition, duly verified by affidavit, for a change of venue herein, and the Court having duly heard and considered the same, doth order that the venue of this cause be transferred to the St. Louis Court of Common Pleas, and that the Clerk of this Court make out, certify and transmit as aforesaid, a full and complete transcript of the Record and Proceedings herein.
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**Viewer Page 416** (rcdbook1855_25_0415.jpg)
> Handwritten Page Number on Record Book: 408
**March Term 1856.**
The Court met pursuant to adjournment, Present as before.
**Joseph R. Wendover, Plaintiff. vs. Isaac T. Wise, Defendant.**
Affidavit for continuance filed by defendant, and the Court having duly heard and considered the same, and being fully advised of and concerning the premises, doth refuse to grant such continuance.
**Daniel C. Michael, Plaintiff. vs. Isaac T. Wise, Defendant.**
Continued on Affidavit at costs of defendant.
**Jacob Baker, Plaintiff. vs. William Zigingham, Defendant.**
Motion in arrest of judgment, and motion for new trial filed.
**William Payne, Plaintiff. vs. Joseph S. Wilkinson, Defendant.**
Abstract of issued filed.
**Thomas B. Hopkinson, Plaintiff. vs. The City of St. Louis, Defendant.**
The Court having duly heard and considered the motion to reinstate this cause, and being fully advised of and concerning the premises, doth consider and adjudge that the same be sustained.
**John Biddle, Plaintiff. vs. The City of St. Louis, Defendant.**
The Court having duly heard and considered the motion to reinstate this cause, and being fully advised of and concerning the premises, doth consider and adjudge that the same be sustained.
**Thomas H. Bate, Plaintiff. vs. W. Sedge, Garnishee of Thomas G. Stewart, Defendant.**
The Court having duly heard and considered the motion to strike out papers filed as Interrogatories herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be overruled.
**Florentine Perrault, Plaintiff. vs. Daniel Perrault, Defendant.**
Motion for Alimony continued until next term.
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**Viewer Page 417** (rcdbook1855_25_0416.jpg)
> Handwritten Page Number on Record Book: 409
The Court met pursuant to adjournment, Present as before.
**In the matter of the assignment of Francis Timmerman.**
Now at this day comes William Muir assignee herein, by his Attorney, and represents to the Court that Christian Kritzer and Henry Halcher the appraisers appointed herein, decline acting as such, Wherefore on motion of said assignee by his attorney, it is ordered by the Court that Francis Ruff and Jacob B. Wall be appointed to appraise the property and effects assigned by said Francis Timmerman, in place of said Christian Kritzer and Henry Halcher.
**Joseph A. Eddy, Joseph A. Jamison, Jabez P. Eddy, Anson M. Bissell, Amos Cotting Jr. & Charles C. Helmers, Plaintiffs. vs. John H. Duckmann, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and the defendant withdraws his plea in abatement herein, and thereupon both parties consent and agree that the court may render judgment in favor of said plaintiffs and against said defendant for the sum of one cent, and against said plaintiffs for the costsherein accrued. It is therefore considered and adjudged by the court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as agreed and that execution issue therefor, and that said plaintiffs pay the costs herein accrued and that execution issue therefor.
**William C. Tewes, Plaintiff. vs. John H. Duckmann, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and the defendant withdraws his plea in abatement herein, and thereupon both parties consent and agree that the court may render judgment in favor of said plaintiff and against said defendant for the sum of one cent, and against said plaintiff for the costs herein accrued. It is therefore considered and adjudged by the court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as agreed and that execution issue therefor, and that said plaintiff pay the costs herein accrued and that execution issue therefor.
**Joseph A. Leinard, Plaintiff. vs. George Wood, Defendant.**
Abstract of issues filed, and continued by consent.
**Enoch W. Clark, Luther C. Clark, Edward Dodge & Edward Chase, Plaintiffs. vs. Joseph H. White, Defendant.**
Judgment.
Now at this day come said plaintiffs by their Attorney, defendant comes not, and the plaintiffs waiving a Jury, submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiffs have sustained damage by reason of the premises set out in their petition in the sum of Fifteen hundred and ninety three dollars and nineteen cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution. Finding of the Court filed.
**John W. Tooly, Plaintiff. vs. Cornelius Noonan, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: Michael Caspar, Valentine Darst, Joseph Longueven, J. B. Sickles, Otto Oetters, Henry Leinard, Andrew Eiler, Michael Thribault, William Reed, John Riggin Jr. A. Ramer, and H. Strobeck, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined between the parties aforesaid, the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Seven hundred and thirty six dollars and forty one cents, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
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**Viewer Page 418** (rcdbook1855_25_0417.jpg)
> Handwritten Page Number on Record Book: 410
**Thomas J. Beirne, Plaintiff. vs. Daniel D. Page, Henry D. Bacon, Edward Wyman & Thomas Brown, Defendants.**
Judgment.
Now at this day comes said plaintiff by his Attorney, defendants come not, and the plaintiff waiving a Jury submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff has sustained damage by reason of the premises set out in his petition in the sum of Ten hundred and forty dollars and fifty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution. Finding of the Court filed.
**Charles Creley Administration of the estate of Francis J. Creley, deceased, Plaintiff. vs. Daniel D. Page, Henry D. Bacon, Edward Wyman and Thomas Brown, Defendants.**
Judgment.
Now at this day comes said plaintiff by his Attorney, defendants come not, and the plaintiff waiving a Jury submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff has sustained damage by reason of the premises set out in his petition in the sum of Eight hundred and twenty three dollars and thirty seven cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution. Finding of the Court filed.
**Henry T. Hart & Joseph Jecks, Plaintiffs. vs. George Marten & Edward St. Michel, Defendants.**
Judgment.
Now at this day comes said plaintiffs by his Attorney, but said defendant Edward St. Michel although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiffs by their Attorney, it is considered by the Court that this petition of said plaintiffs be taken against said defendant as confessed, and the defendant George Marten comes not, and thereupon the plaintiffs waiving a Jury, submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find sum such proofs that said plaintiffs have sustained damage by reason of the premises set out in their petition in the sum of Seven hundred and fifty eight dollars and forty three cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution. Finding of the Court filed.
**Nathan H. Stockwell, Plaintiff. vs. Luther Woods, Defendant.**
Continued at costs of plaintiff.
**Patrick Fury, Plaintiff. vs. Thomas Burke, Defendant.**
Non Suit.
Now at this day this cause being called for trial, said plaintiff although solemnly called comes not, wherefore on motion of said [plaintiff ?] defendant by his attorney it is ordered by the Court that said plaintiff be non suited. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof execution.
**John Dillon, Plaintiff. vs. Larvey Mathews, Defendant.**
Now at this day come the parties aforesaid by their respective Attorneys, and waiving a Jury submit this cause to the Court upon the pledings and proofs, and the Court having duly heard and considered the same, but not being fully advised of and concerning the premises, takes time to consider thereof.
**Silas Thompson, Plaintiff. vs. Saugrain Michaw, George Biggs & John W. Feakes, Defendants.**
Non Suit.
Now at this day this cause being called for trial, said plaintiff although solemnly called comes not, wherefore on motion of said defendants by their Attorney it is ordered by the Court that said plaintiff be non suited. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in this behalf but that said defendants go thereof without day and recover of said plaintiff their costs and charges herein expended and have thereof execution.
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**Viewer Page 419** (rcdbook1855_25_0418.jpg)
> Handwritten Page Number on Record Book: 411
**Elizabeth Royer, Plaintiff. vs. Cyrenius C. Simmons, Defendant.**
Non Suit.
Now at this day this cause being called for trial said plaintiff although solemnly called, comes not, wherefore on motion of said defendant by his Attorney, it is ordered by the Court that said plaintiff be non suited. It is therefore considered and adjudged by the Court that said plaintiff take nothing by her said suit in this behalf but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof execution.
**Hyacinth Pigeon, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Now at this day comes the Plaintiff's Attorney and suggests to the Court that since the last proceedings herein said plaintiffhas departed this life, whereupon Amelie Pigeon Execution of said Hyacinth Pigeon, deceased, enters her appearance as party plaintiff herein, and this cause is continued until the next term of this Court.
**The State of Missouri on the relation and for the use of Adam Worst, Plaintiff. vs. Benjamin B. Hicks, L. Babcock, and Henry W. Williams, Defendants.**
Non Suit.
Now at this day this cause being called for trial said plaintiff although solemnly called, comes not, wherefore on motion of said defendants by their Attorney, it is ordered by the Court that said plaintiff be non suited. It is therefore considered and adjudged by the Court that said plaintiff take nothing by its said suit in this behalf but that said defendants go thereof without day and recover of said plaintiff their costs and charges herein expended and have thereof execution.
**Louisa Ring, Plaintiff. vs. Benjamin F. Buchanan, Defendant.**
Non Suit.
Now at this day this cause being called for trial said plaintiff although solemnly called, comes not, wherefore it is considered by the Court that said plaintiff be non suited. It is therefore considered and adjudged by the Court that said plaintiff take nothing by her said suit in this behalf but that said defendant go thereof without day and recover of said plaintiff her costs and charges herein expended and have thereof execution.
**Benjamin Brookes, Plaintiff. vs. Williams Hassinger, et. al. Defendants.**
Continued by consent at costs of Plaintiff.
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> Handwritten Page Number on Record Book: 412
The Court met pursuant to adjournment, Present as before.
**John Dillon, Plaintiff. vs. Larvey Mathews, Defendant.**
Judgment.
Now at this come again the parties aforesaid by their respective Attorneys, and the Court being now fully advised of and concerning the premises herein, doth find that the plaintiff has sustained damage by reason of the premises set out in his petition in the sum of Forty two dollars. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as found and also his costs and charges herein expended and have thereof execution Finding of the Court filed.
**William Payne, Plaintiff. vs. Joseph S. Wilkinson, Defendant.**
Judgment.
Now at this come again the parties aforesaid by their respective Attorneys, and consent and agree that the Court may under judgment in favor of said plaintiff and against said defendant for the sum of Two hundred and twenty dollars and four cents. It is therefore considered and adjudged by the Court that saw plaintiff recover of said defendant the sum aforesaid in form aforesaid as agreed and also his costs and charges herein expended and have thereof execution.
**Andrew Geisel, Plaintiff. vs. Charles W. Harn Garnishee of Adolphus Nulle, Defendant.**
Judgment.
Now at this day comes the said Garnishee and files his answer to the Interrogatories herein confessing his indebtedness to the said Adolphus Nulle as in the allegations charged, Wherefore on motion of said plaintiff by his attorney it is considered and adjudged by the Court that said plaintiff recover of said Garnishee the sum of Two hundred and thirty two dollars and fifteen cents being the amount of his judgment, with interest and costs, against the said Adolphus Nulle, and that he have execution therefor; and the Court allows the said Garnishee the sum of ten dollars for his trouble and expense in answering herein, to be by him retained out of the funds of the said Adolphus Nulle in his hands remaining after satisfying the foregoing judgment.
**Charles Wiggins, Plaintiff. vs. Daminick J. Childs, Nathaniel Childs Jr. James B. Ricords & Lewis F. Lacy, Defendants.**
Now at this day comes the plaintiff by his Attorney and dismisses this suit as to the defendant Dominick J. Childs, and thereupon the defendants Nathaniel Childs Jr, James B. Ricords & Lewis F. Lacy appearing by their Attorney, both parties consent and agree that the Court may render judgment in favor of said plaintiff and against said defendants for the sum of Thirteen hundred and twelve dollars and fifty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as agreed and also his costs and charges herein expended and have thereof execution.
**Ellen Jones, Plaintiff. vs. Marion Jones, Defendant.**
Divorce. Decree.
Now at this come again the plaintiff by her Attorney and waiving a Jury submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff is an innocent and injured person. It is therefore considered and adjudged by the Court that said plaintiff be absolutely and forever divorced from the bonds of Matrimony by her contracted with said defendant and restored to all the rights and priviliges of an unmarried person, and recover of said defendant her costs and charges herein expended and have thereof execution.
**John Cochran & John Clark, Plaintiffs. vs. John Brooks, Defendant.**
Judgment.
Now at this come again the parties aforesaid by their respective Attorneys, and the defendant withdraws his Answer filed herein, whereupon an motion of said plaintiffs by their Attorney it is considered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiffs waiving a Jury, submit this cause to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing in which this action is founded that said defendant is indebted to said plaintiffs in the sum of Two hundred and sixty seven dollars and fifty eight cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid inform aforesaid as found and also their costs
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> Handwritten Page Number on Record Book: 413
and charges herein expended and have thereof execution.
**Christoph Frenz, Plaintiff. vs. Anna Maria Frenz, Defendant.**
Plaintiff's Replication filed.
**William G. Fife & Daniel C. Michael, Plaintiffs. vs. Carl Dehaut & George Schneider, Defendants.**
Judgment.
Now at this day come the plaintiffs and the defendant Carl Dehaut by their respective Attorneys, but the defendant George Schneider although duly summoned and called comes not but makes default, wherefore an motion of said plaintiffs by their attorney, it is considered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and thereupon come also a Jury, viz: Michael Caspasr, Andrew Eiler, Valentine Darst, Michael Thibault, Joseph Longueven, A. Sweet, Otto Oettus, A. Kramer, Henry Leonard, H. Strobeck, John Martin and Nathaniel Chandler, twelve good and lawful men, who being duly elected, tried and sworn well and truly to try the issues herein joined, as also to assess the damages sustained by the plaintiff as to the defendant George Schneider, the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiffs in the sum of Two hundred and twenty five dollars and forty two cents, damages. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Benjamin Brookes, Plaintiff. vs. William Hassinger, et. al. Defendants.**
Motion for security for costs filed.
**Thomas C. Wales, Plaintiff. vs. Francis Watkins, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: J. M. Hintershitt, Nicholas Deveraux, Henry Harlor, John Lay, James Hart, Augustus Berkley, D. A. Rawlings & L. F. Lacy, by consent, eight good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues joined herein, the trial of this cause progressed and being concluded, the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Four hundred and sixteen dollars and four cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Johnson P. Lee, et. al. Plaintiffs. vs. Abel O. French, Defendant.**
Continued on Affidavit at costs of defendant.
**Sarah Fowler, Plaintiff. vs. Thomas Campbell, Defendant.**
Dismissal.
Now at this day this cause being called for trial and no one appearing to prosecute the same, it is ordered by the Court that it be dismissed at the costs of said plaintiff and that execution issue therefor.
**Joseph R. Wendover, Plaintiff. vs. Isaac J. Wise, Defendant.**
Continued by consent at costs of defendant.
**Charles L. Hunt, Plaintiff. vs. James T. Mc. Jilton, et. al. Defendants.**
Continued by consent.
**George G. Presbury, et. al. Plaintiffs. vs. Leander Lawrence, Defendant.**
Continued on affidavit at costs of defendant.
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> Handwritten Page Number on Record Book: 414
**Alice C. Reillyh, Plaintiff. vs. William Sandbach, Defendant.**
Dismissal.
On motion of said plaintiff by her Attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Frederick Spies, et. al. Plaintiffs. vs. John Renz, Defendant.**
Continued.
**Linus Jackson, Plaintiff. vs. James Coman, Defendant.**
Judgment.
Now at this day comes again said plaintiff by his Attorney and waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said defendant is indebted to said plaintiff in the sum of Ninety nine dollars and fifty seven cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**William Sturman, Plaintiff. vs. Frederick Heamann, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: Michael Caspar, Andrew Eiler, Valentine Darst, Michael Thiebault, Joseph Lingueven, A. Sweet, Otto Oetters, A. Kramer, Henry Leonard, H. Strobeck, John Martin, & Nathaniel Chandler, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues herein joined, the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Fifty dollars, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Joseph C. Edgar, Plaintiff. vs. Abraham S. Jacobs, et. al. Defendants.**
Continued at costs of plaintiff.
**The City of St. Louis to the use of James C. Campbell, Plaintiff. vs. John W. Williams, et. al. Defendants.**
Continued.
**John Schilling, Plaintiff. vs. Anna C. Speck, Defendant.**
Amended Petition and answer to same filed.
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> Handwritten Page Number on Record Book: 515
The Court met pursuant adjournment, Present as before.
Bernard M. Lynch who is personally known to the Court, comes into open court and acknowledges the execution by him of a Deed of Emancipation to Fanny Childres, a mulatto woman aged about twenty three years.
**Ann C. Dallun, Plaintiff. vs. Peter B. Garesche Administration of George J. Getzendanner, deceased. Defendant.**
Judgment on Appeal.
Now at this day come the parties aforesaid by their respective Attorneys and consent and agree that Francisco Dallun husband of said plaintiff, be made a party plaintiff herein, who enters his appearance as such, and therefore both parties consent and agree that the Court may render judgment in favor of said plaintiffs, and C. Dallun, & Francisco Dallun and against said defendant for the sum of One hundred and forty one dollars and fifteen cents. It is therefore considered and adjudged by the Court thatsaid plaintiffs recover of said defendant the sum aforesaid in form aforesaid as agreed and also thin costs and charges herein expended, and that this cause be certified to the St. Louis Probate Court there to be proceeded in according to the statute in such cases made and provided.
**Henry N. Hart & Joseph Jecko, partners, Plaintiffs. vs. Daniel D. Page, Henry D. Bacon, Thomas Brown & Edward Wyman, Defendants.**
Judgment.
Abstract of issues filed, and now at this day come said plaintiffs by their Attorney, defendants come not, and the plaintiffs waiving a Jury, submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiffs have sustained damage by reason of the premises set out in their petition in the sum of Twenty one hundred and sixty dollars and forty eight cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution. Finding of the Court filed.
**Henry Lewis Jr, Joseph F. Cottinger, Joseph L. Price, William H. Lewis, James W. Lewis & James S. Gibbons, Plaintiffs. vs. Henry Lyons, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury viz: Michael Caspar, Andrew Eiler, Valentine Darst, Michael Theibault, Joseph Longueven, John Riggin Jr, Otto Oetters, A. Kramer, Henry Leonard, H. Strobeck, John Martin and Nathaniel Chandler, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues herein joined, the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiffs in the sum of Two hundred and fifty six dollars and eleven cents, damages. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Charles S. Hempstead, Plaintiff. vs. Thomas Hempstead's Adm. et al. Defendants.**
Separate Answer of John D. Wilson filed.
**Joseph C. Barlow, Plaintiff. vs. Dominick J. Childs, Nathaniel Childs Jr, James B. Ricords & John W. Thornburg, Defendants.**
Judgment.
Now at this day comes said plaintiff by his Attorney, defendants come not, and the plaintiff waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff has sustained damage by reason of the premises set out in his petition in the sum of Five hundred and fifty five dollars and five cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid inform aforesaid as found and also his costs and charges herein expended and have thereof execution. Finding of the Court filed.
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> Handwritten Page Number on Record Book: 416
**Joseph C. Barlow, Plaintiff. vs. Dominick J. Childs, Nathaniel Childs Jr, Lewis F.Lacy & James B. Ricords, Defendants.**
Judgement.
Now at this day comes said plaintiff by his Attorney, defendants come not, and the plaintiff waiving a Jerry, submits this cause to the court upon the pleadings and proofs, and the court having duly heard and considered the same, doth find from such proofs that said plaintiff has sustained damage by reason of the premises set out in his petition in the sum of Eight hundred and Thirty two dollars. It is therefore considered and adjourned by the changes herein expended and have thereof execution. Finding of the Court filed.
**William Harward, Plaintiff. vs. Steam Boat "H.J.Yealman," Defendant.**
Dismissal.
On motion of the plaintiff by his Attorney, it is ordered by the court that this cause be dismissed as the costs of said plaintiff and that execution issue therefore.
**William Wade, et. al. Plaintiffs. vs. The St. Louis Mutual Fire & Marine Insurance Co. Defendant.**
Continued as an affidavis as costs of plaintiffs.
**Henry B. Warner, et. al, Plaintiff vs. Lewis Jones, et. al, garnishes of John Delafield, Defendant.**
Continued.
**Henry B. Warner, et. al. Plaintiffs. vs. Edward W. Chase, garnishes of Lyman Mower, et.al. Defendants.**
Continued
**Thomas H. Bate, Plaintiff. vs. W. Seelye, garnishes of Thomas G. Stewart, Dafendant.**
Default
Now at this day comes said plaintiff by his Attorney, but said garnishes although duly summoned and called, comes not, Wherefore on motion of said plaintiff by his attorney, it is considered by the Court that the allegations of said plaintiff be taken against said garnishes as confesed, and that this cause be set for asesement of damage as this term.
**Ferderick Dent, Plaintiff. vs. James Sigerson, et. al. Defendant.**
Continued.
**Patrick Yare, et. al. Plaintiff. vs. Steam Boat "C. Bealer" Defendant.**
Continued as costs of defendant on account of sickness of Mr. Rankin one of defendants Attorneys and Mr. Polk his associate being engaged in the United States Circuit Court.
**Cheistoph Frenz, Plaintiff. Anna Maria Frenz, Defendant.**
Continued by consent.
**Mary Charlotte, Plaintiff. vs. Gabriel S. Christian, Defendant,**
By consent of parties, it is ordered by the court that the sheriff of St. Louis county summon Eighten good lawful men to appear before this court on thurday next then twemty third instant, out of whom to empannel a Jury in this cause.
**David Y. Bridges, et.al Plaintiff. vs. John W. Hadenburg, Defendant.**
Answer filed.
**Samuel Wainwright, Plaintiff. vs. Richard Rowland, et. al. Defendants.**
Commissioner's Report and Account filed.
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**Viewer Page 425** (rcdbook1855_25_0424.jpg)
> Handwritten Page Number on Record Book: 417
**Nancy Link & her husband, Plaintiffs. vs. Francis B. Edmondson, et. al. Defendants.**
Now at this day come the parties aforesaid by their respective Attorneys, and the plaintiffs dismiss this suit as to the defendant Volney C. Musick Executor of Benjamin B. Edmondson, deceaed, and thereupon come also a Jury, viz: Michael Caspar, Andrew Eiler, J. M. Hintershitt, J. Laughan, John Crake, Henry Harlor, James Hart, Augustus Berkley, D. A. Rawlings, L. F. Lacy, Anthony Sweet & Jacob Jeffries, twelve good and lawful men, who being duly elected, tried and sworn well and truly to try the issues herein joined, the trial of this cause progressed, but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
The Court met pursuant to adjournment, Present as before.
**George W. Erving, Plaintiff. vs. Daniel D. Page, Henry D. Bacon, Edward Wyman & Thomas Brown, Defendants.**
Judgment.
Now at this day comes said plaintiff by his Attorney, defendants come not, and the plaintiff waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find from such proofs that said plaintiff has sustained damage by reason of the premises set out in his petition in the sum of Twenty seven hundred and seventy three dollars and fifty three cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution. Finding of the Court filed.
**Linus Jackson, Plaintiff. vs. Frederick Schulenburg & Adolph Boeckler, Defendants**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: Valentine Darst, Michael Thiebault, Joseph Longueven, John Riggin Jr, Otto Oetters, A. Kramer, Henry Leonard, H. Strobeck, D. Casey and John Martin, twelve good and lawful men, who being duly elected, tried and sworn well and truly to try the issues herein joined, the trial of this cause progressed and being concluded, the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of seventy two dollars and seventy five cents, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and also his costs and charges him expended and have thereof execution.
**Linus Jackson, Plaintiff. vs. Frederick Schulenburg, Adolph Boeckler.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: Michael Caspar, Andrew Eiler, J. M. Hintershett, J. Lanhan, John Crooke, Henry Harlov, James Hart, Augustus Berkley, A. sweet & Jacob Jeffries, by consent, ten good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues herein joined, the trial of this cause progressed and being concluded the Jury aforesaid, upon their oaths aforesaid find for the plaintiff in the sum of Two hundred and eight dollars and seventy one cents, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defend ants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
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> Handwritten Page Number on Record Book: 418
**Saturday May 17th 1856.**
**Joseph B. Wells, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
On motion of the plaintiff by his Attorney, leave is given him to withdraw the Exhibits filed with his petition herein, upon receipting for the same.
**William G. Fife, et. al. Plaintiffs. vs. Carl Dehaut, et. al. Defendants.**
Motion for New trial filed.
**Patrick Fury, Plaintiff. vs. Thomas Burke, Defendant.**
Motion to set aside non suit and affidavits filed.
**Edmund D. Taylor, Plaintiff. vs. James T. Severingen, Defendant.**
It appearing to the satisfaction of the Court by proof, that the whole of the judgment rendered in this Court in favor of the said Plaintiff against the said defendant, on the seventeenth day of June Eighteen hundred and forty four, remains unsatisfied and due, it is, on motion of the plaintiff by his Attorney, ordered by the Court that Execution issue on said judgment, according to the statute in such cases made and provided.
**State for use of Adam Warst, Plaintiff. vs. Benjamin B. Hicks, et. al. Defendants.**
Motion to set aside non suit filed.
Charles O. Tichenov who is personally known to the Court, comes into open Court and acknowledges the execution by him of a Deed of Emancipation to a Nigro woman named Philes, who is of a dark mulatto color, and aged about fifty years.
**Linus Jackson, Plaintiff. vs. Humann Rallman, et. al. Defendants.**
Continued on affidavit at costs of defendants, and on motion of the plaintiff by his Attorney, it is ordered by the Court that an Alias Summons against the defendant Herman Rallamnn issue herein, returnable to the next term of this Court.
**Linus Jackson, Plaintiff. vs. Hermann Rallmann, Ferdinand Stange, Frederick Schulenburg & Adolph Boeckler, Defendants.**
Order of Publication.
The Sheriff having made return that the defendant Ferdinand Stange cannot be found, and the Court being satisfied that said defendant cannot be served with process, it is therefore, an motion of said plaintiff by his Attorney, ordered by the Court that said defendant be notefied by the publication according to law of this order, that said plaintiff has instituted suit against him in the St. Louis Circuit Court, the object of which is to obtain judgment against him for the sum of Two hundred and sixty nine dollars and ninety two cents for work and color done and materials furnished by plaintiff to defendants, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis in the State of Missouri on the fourth monday in October next, and on or before the sixth day thereof answer the petition of said plaintiff the same will be taken against him as confessed.
**John Schilling, Plaintiff. vs. Anna C. Speck, Defendant.**
Continued by consent at costs of plaintiff.
**Nancy Link & Benjamin J. Link her husband, Plaintiffs. vs. Francis B. Edmondson, Robert H. Edmondson, Luanda R. Edmondson, Benjamin Edmondson, Mary Edmondson, Elizabeth A. Edmondson, Charles H. Edmondson, Miron Leslie, Lewis P. Payne & Thomas J. Thompson, Defendants.**
Petition for Dawer. Judgment.
Now at this day come again the parties aforesaid by their respective Attorneys, and the Jury sworn and empannelled herein also come, when on motion of the plaintiffs by their Attorney, it is ordered by the Court that the following entry be made, nunc pro tunc, of date the twenty ninth day of January Eighteen and fifty five, viz:
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> Handwritten Page Number on Record Book: 419
"Now at this day come the plaintiffs by their Attorney and dismiss this suit as to the defendants Miron Leslie, Lewis P. Payne and Thomas J. Thompson." and thereupon the trial of this cause progress, and being concluded the Jury aforesaid upon their oaths aforesaid find that said plaintiffs have sustained damage by the detention of the dower in the tract of land to which said Nancy Link is entitled to dower, from the death of her late husband Benjamin B. Edmondson down to the present time in the sum of six hundred dollars, and that the one third of the Annual value of the land aforesaid is the sum of Two hundred and fifty dollars. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the sums aforesaid in form aforesaid as by the Jury found and also their costs and charges herein expended and have thereof execution.
The Court met pursuant to adjournment, Present as before.
**George F. Gleason, et. al. Plaintiffs. vs. Thomas P. Adams, Defendant.**
The Court having duly heard and considered the motion for a new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be sustained, and that a new trial be had herein at the next term of this Court, and having also duly heard and considered the motion in arrest of judgment herein and being fully advised of and concerning the premises, doth consider and adjudge that the same be overruled.
**Sarah Fowler, Plaintiff. vs. Thomas Campbell, Defendant.**
Motion and affidavit to set aside dismissal filed.
**Thomas H. Bate, Plaintiff. vs. W. Seelye, Garnishee of Thomas G. Stewart, Defendant.**
Judgment.
Now at this day come againt the plaintiff by his Attorney and waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find from such proofs that at the time of the service of the Garnishment herein said Garnishee was indebted to said defendant in the sum of Six dollars. It is therefore considered and adjudged by the Court that said plaintiff recover of said garnisher the sum aforesaid in form aforesaid as found and have thereof execution.
**Samuel Wainwright, Plaintiff. vs. Richard Rowland, et. al. Defendants.**
Motion to confirm Report of Commissioners filed, and Exceptions to Commissioner's Report filed.
**Nancy Link & her husband, Plaintiffs. vs. Francis B. Edmondson, et. al. Defendants.**
Motion for new trial filed.
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> Handwritten Page Number on Record Book: 420
**Monday May 19th 1856.**
**Thomas B. Ellis, Plaintiff. vs. Steam Boat "David Jatum," Defendant.**
On motion of the defendant by its attorney, leave is given it to cancel and withdraw the Release Bond executed by James Thompson as principal and Richard P. Hanenkamps as security filed herein on the fourteenth day of August of Eighteen hundred and fifty five,and to substitute and file a new bond herein in lieu of the bond first above mentioned, and thereupon said defendant files a bond for its release herein dated the sixteenth day of may Eighteen hundred and fifty six, executed by Moses Hillard as principal and Richard P. Hanenkamp as security, which bond is approved by the Court, and the said first mentioned bond is canceleld.
**Morris langherne Sr. et. al. Plaintiffs. vs. Joseph S. Papin, et. al. Garnishees of David Fiancis, et. al. Defendants.**
Exceptions to the First, Third & Fourth Interregatories filed.
**Aarin W. Fagin, Plaintiff. vs. James Connolly and John Fax, Defendants.**
Now at this day come the plaintiff and the defendant James Connolly by their respective attorneys, and the plaintiff dismisses this suit as to the defendant John Fax and withdraws the third and fourth causes of action in his petition mentioned, and thereupon both parties waiving a Jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same but not being fully advised of and concerning the premises takes time to consider thereof.
**John Doyle, Plaintiff. vs. Jane Doyle, Defendant.**
Now at this day come the parties aforesaid by their respective Attorneys and submit this cause to the Court upon the pleadings and proofs, and thereupon the trial of this cause progressed but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
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> Handwritten Page Number on Record Book: 421
**Tuesday May 20th 1856.**
The Court met pursuant to adjournment, Present, as before.
**Marris Langsdirf & Isaac Rosenstien, Plaintiffs. vs. Samuel S. Drukker, Defendant.**
Confession of Judgment.
Now at this day comes the defendant [by ?] and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to said plaintiffs in the sum of Fifteen hundred and seventy seven dollars and forty six cents, and consents that judgment be rendered against him for the same. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as confessed and also their costs and charges herein expended and have thereof execution.
John B. Higdon and George L. Mc. Clure two credible witnesses come into open court and prove to the satisfaction of the Court the execution by Henry J. Ball of a Deed of Emancipation to Martha Ellen Ball aged seven years, and Hester Ann Ball aged four years.
**In the matter of the assignment of Francis Timmerman**
Appraisement filed, Bond of Assignee filed and approved by the Court.
**Marris Langhorne Sr. et. al. Plaintiffs. vs. Joseph S. Papin, et. al. Garnishees of David Francis, et. al. Defendants.**
Answer of Garnishees filed.
**In the matter of the trust estate of Lucretia Yeatman.**
On petition of the said Lucretia Yeatman, Thomas Yeatman, her husband, and Kenneth Mc. Kenzie, late Commissioner and trustee of said estate for the appointment of James H. Lucas, as Commissioner and trustee of said estate, in lieu of the said Kenneth Mc. Kenzie, who withdraws from his said office of trustee &c.
And now, this 19th day of May 1856, in the said Circuit Court, the parties above named having duly presented their said petition, and the said Court being duly advised of the truth of the matters of fact set forth in the said petition, and having duly considered the said deed of settlement, and the action of the Chancery Court of Tennessee, at Nashville in said State, as appears by copies of the decrees of said Court exhibited with the said petition, and being satisfied that the said Kenneth Mc. Kenzie, trustee as aforesaid has been duly discharged by the said Court- the said Mc. Kenzie having survived the said William Pope, his co-trustee and that James H. Lucas of the City of St. Louis and State of Missouri, has been appointed trustee and Commissioner, in place of the said Kenneth Mc. Kenzie, and that the said James H. Lucas has been substituted, by the decree of said Chancery Court to all the rights, limitations and conditions that are contained and expressed in the said deed of trust, with authority to draw and receive from Messrs Yeatman, Woods & Co. of said City of Nashville any money and effects, part of said trust fund remaining in their hands, so soon as the said James H. Lucas should by this Court be appointed trustee and commissioner, according to the stipulations in said deed of trust, and to invest the same in real estate in or near the said City of St. Louis. Now therefore this Court, in pursuance of the terms of the said decree of the said Chancery Court of Nashville, of May 8. 1856, and of the said deed of trust and also by authority of the power and jurisdiction, inherent in this Court in the premises, doth decree and ordain, that the said James H. Lucas of St. Louis Missouri, be appointed, and he is hereby appointed Commissioner and trustee of the said estate, and upon his acceptance of the said trust, he is hereby authorized to hold & possess the same, in full right as the same was originally granted to his predecessor in said deed of trust, and to administer the same for the trusts and uses, and upon the limitations and conditions as in said deed of trust are expressed. And it is further ordered that the said James H. Lucas draw from the hands of the said Yeatman, Woods & Co. of Nashville, the said balance of said trust estate, remaining in their hands, and invest the same in real estate in or near the City of St. Louis in the State of Missouri, as in his judgment shall be most for the interest of the said Cestue que trust, and that he hold the said lands or real estate so purchased, subject to the trusts and limitations in said deed, as aforesaid, contained. And the said James H. Lucas now files his acceptance of the said trust, the said Lucretia and Thomas Yeatman hereby waiving all security, by bond or otherwise, on the part of the
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said James H. Lucas for the faithful performance thereof.
**Aarin W. Fagan, Plaintiff. vs. James Connolly, Defendant.**
Judgment.
Now at this day come again the parties aforesaid by their respective Attorneys, and the Court being now fully advised of and concerning the premises herein, doth find from the proofs herein that said plaintiff has sustained damage by reason of the premises set out in his petition in the sum of Ten hundred and fifty three dollars and sixty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein execution. Finding of the Court filed.
**Joseph Pley & Benigna Pley, Plaintiffs. vs. Robert Barnes Lee & George Lee, Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys and by consent the order of continuance heretofore entered herein is set aside, and thereupon the defendants withdraw all issues herein except as to the title of plaintiffs under Mary Ann Lee, deceased, and both parties wiaving a Jury, submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth, from such proofs, find the issues herein joined in favor of defendants. It is therefore considered and adjudged by the Court that said [defendants ?] plaintiffs take nothing by their said suit in this behalf but that said defendants go thereof without day and recover of said plaintiffs their costs and charges herein expended and have thereof execution. Finding of the Court filed.
**John Doyle, Plaintiff. vs. Jane Doyle, Defendant.**
Now at this day come again the parties aforesaid by their respective Attorneys, and thereupon the trial of this cause progressed but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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The Court met pursuant to adjournment, Present as before.
**John M. Cashman, et. al. Plaintiffs. vs. Sybrester Ball, et. al. Defendants.**
Sunderland G. Sears having presented his petition representing that since the commencement of this suit he has acquired by purchase from the plaintiffs John M. Cashman, Elisha Saunders, Udilia Saunders, James L. Brickey and Henrietta Brickey all their interest in the action and in the land discribed in the petition, and having asked to be substitution in the action for the said parties. It is ordered that the said Sears be substituted in said action instead of the said Cashman, Saunders & wife and Brickey and wife, and that as to them the suit shall proceed on his name.
**Joseph B. Wells, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Reasons for asking leave to file motion for new trial filed.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr. et. al. Defendants.**
On motion of the plaintiff by his Attorney an Appeal is granted him to the Supreme Court from the judgment herein, whereupon said plaintiff files a bond, conditioned according to law, for such appeal, and which said bond is approved by the Court.
**John Doyle, Plaintiff. vs. Jane Doyle, Defendant.**
Now at this day come again the parties aforesaid by their respective Attorneys and thereupon the trial of this cause progressed but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
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The Court met pursuant to adjournment, Present as before.
**Michael Haley, Plaintiff. vs. The Pacific Rail Road, Defendant.**
By consent of parties further time until the first day of September next is given plaintiff to file an Amended Petition herein.
**Edward E. Archer, Plaintiff. vs. Andrew Mc. Mechan & William Ballentine, Defendants.**
Satisfaction.
Now at this day comes the plaintiff by his attorney and acknowledges to have received full and entire satisfaction of the judgment heretofore rendered herein.
**John Doyle, Plaintiff. vs. Jane Doyle, Defendant.**
Now at this day come again the parties aforesaid by their respective Attorneys, and thereupon the trial of the cause progressed but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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The Court met pursuant to adjournment, Present as before.
**Aaron W. Fagen, Plaintiff. vs. James Connolly, Defendant.**
Motion for Review filed.
**John Doyle, Plaintiff. vs. Jane Doyle, Defendant.**
Now at this day come again the parties aforesaid by their respective Attorneys, and thereupon the trial of this cause progressed and being concluded, but the Court not being fully advised of and concerning the premises takes time to consider thereof.
John C. Richardson, Esquire, presented to the Court the following Resolutions, passed at a meeting of the members of the St. Louis Bar, on the 18th instant, and on his motion, it is ordered that the same be spread at large upon the Records of this day, viz:
Whereas, The members of the St. Louis Bar have received intelligence [of the decease ?] of the decease of their venerable brother, Micajah Tarver, Esq, after a painful and protracted illness and are now assembled together for the purpose of expressing their sense of what is due to the occasion of this afflicting dispensation of a Divine Providence. Therefore,
Be it resolved, That in the death of Mr. Tarver, they have to deplore the loss of a bother whose virtue, learning and Courtesy, not only endeared him personally to the bar, but rendered him the arnament of his profession.
Resolved, That in the death of Mr. Tarver, the great cause of Literature and Science has lost one among the very ablest of its advocates.
Resolved, That in the death of Mr. Tarver, this whole community have been deprived of one of the most laborious, energetic and intelligent promoters of all its vast and varied interests.
On motion of Mr. Shepley,
Resolved, That we do now adjourn to attend the funeral of the deceased, and that we meet again an Monday morning at 9 o'clock, for further action.
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The Court met pursuant to adjournment, Present as before.
**Jane Ann Kruse, Plaintiff. vs. Adolph Kruse, Defendant.**
Affidavit for appeal filed, and on motion of the plaintiff by her Attorney an appeal is granted her to the Supreme Court from the judgment herein, whereupon said plaintiff files a Bond, conditioned according to law, for such appeal, and which said Bond is approved by the Court.
**Aaron W. Fagin, Plaintiff. vs. James Connolly, Defendant.**
Bill of Exceptions filed.
B. Gratz Brown who is personally known to the Court, comes into Open Court and acknowledges the execution by him of a Deed of Emancipation to his slave Beverly Jackson aged about thirty years and about five feet ten and a half inches high, good size and light coloured Mulatto.
**In the matter of the assignment of John Bellevard.**
On Citation against Assignees. By consent of parties the hearing of this matter is continued over until Monday next, the 26th instant.
The Court met pursuant to adjournment. Present as before.
**Henry Blaksley, Plaintiff. vs. Benjamin W. Sharp, Defendant.**
Motion of dissolve Injunction continued until next term.
**In the matter of the assignment of John Bellevard.**
On Citation against Assignees.
Neither party appearing the hearing of this matter is continued over until Saturday next, the 31st instant.
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The Court met pursuant to adjournment, Present as before.
**Elisha B. Bill's Exr. Plaintiff. vs. John Laughten, Defendant.**
By leave of Court plaintiff amends his petition herein by adding Affidavit thereto.
**Aaron W. Fagin, Plaintiff. vs. James Connolly, Defendant.**
The Court having duly heard and considered the motion for a Review herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be overruled. Bill of Exceptions filed.
**James D. Houseman, et. al. Plaintiffs. vs. James Hewitt, et. al. Defendants.**
On motion of the plaintiffs by their Attorney, it is ordered by the Court that a Dedimus issue herein on the part of said plaintiffs to the State of Tennesse.
**In the matter of the assignment of Daniel D. Page & Henry D. Bacon.**
On application of Louis A. Benvist and others, who are persons interested in the estate assigned by said Daniel D. Page and Henry D. Bacon to Joshua H. Alexander, by deed of assignment dated the fifth day of June Eighteen hundred and fifty five, it is ordered by the Court that citation issue against said Joshua H. Alexander Assignee of said Daniel D. Page and Henry D. Bacon, requiring him to appear before this Court on to-morrow morning at nine o'clock, then and there to show cause why he should not be dismissed from his trust for failing to file and Inventory of the property assigned to him, and his bond as such Assignee.
**State of Missouri to use of Plaintiff. Jacob Ehringert, vs. William N. White, James Porter, and William Adriance, Defendants.**
Now at this day come the parties aforesaid by their respective Attorneys and waiving a Jury, submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same but not being fully advised of and concerning the premises, takes time to consider thereof.
**Mary Charlotte, Plaintiff. vs. Gabriel S. Chouteau, Defendant.**
Now at this day come the parties aforesaid by their respective Attorneys, and the Court having been informed by the Attorney for the plaintiff, that she and her children are now confined in the Jail of this County, on motion of plaintiffs Attorney, it is ordered that the said plaintiff and her children be bought into Court, to attend the Court during the trial of this cause; and thereupon the Court proceeded to the examination of Venire men summoned herein, and no Jury being selected therefrom, it is ordered by the Court that the Sheriff of St. Louis County summon twelve good and lawful men to appear before this Court to-morrow morning at nine o'clock out of whom to complete the empannelling of a Jury herein, and further proceedings herein are continued until to-morrow morning.
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The Court met pursuant to adjournment, Present as before.
**In the matter of the assignment of Daniel D. Page & Henry D. Bacon.**
Answer of Assignee to citation filed.
**State of Missouri to use of Jacob Ehringert, Plaintiff. vs. William N. White, James Porter & William Adriance, Defendants.**
Judgment.
Now at this day come again the parties aforesaid by their respective Attorneys, and the Court being now fully advised of and concerning the premises herein, doth find from the set off herein pleaded that said plaintiff is indebted to said defendants in the sum of Two hundred dollars and forty four cents. It is therefore considered and adjudged by the Court that said defendants recover of said plaintiff the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution. Written finding of the Court waived.
**George B. Michael, Plaintiff. vs. John S. Watson, Defendant.**
Order of Publication.
It appearing to the satisfaction of the Court from the affidavit of said plaintiff that said defendant is a non-resident of the State of Missouri and cannot be served with process, it is therefore, on motion of said plaintiff by his Attorney, ordered by the Court that said defendant be notified by the publication according to law of this order, that said plaintiff has instituted suit against him in the St. Louis Circuit Court, the object of which is obtain judgment against him for the sum of Two thousand and fifty dollars and forty eight cents, due upon note and account, and that his property has been attached, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis, within and for the County of St. Louis in the State of Missouri in the fourth Monday in October next, and on or before the sixth day of said term answer the petition of said plaintiff the same will be taken against him as confessed, judgment will be rendered against him and his property sold to satisfy the same.
**Frederika Wilhelmina Riepe, Plaintiff vs. Gottlieb Riepe, Defendant.**
Order of Publication.
It appearing to the satisfaction of the Court from the Affidavit of said plaintiff that said defendant is a non-resident of the State of Missouri and cannot be served with process, it is therefore, on motion of said plaintiff by her Attorney, ordered by the Court, that said defendant be notified by the publication according to law of this order that said plaintiff has instituted suit against him in the St. Louis Circuit Court, the object of which is to obtain a divorcee from him on the grounds of drunkunness and cruel and barbarous treatment, and that unless he be and appear at the next term of said Court to be begun and held at the City of St. Louis within and for the County of St. Louis in the State of Missouri on the fourth Monday in October next and on or before the sixth day of said term answer the petition of said plaintiff the same will be taken against him as confessed.
**Joseph B. Wells, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
The Court having duly heard and considered the application for leave to file a motion for new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be overruled.
Frederick Hyatt who is personally known to the Court, comes into Open Court, and acknowledges the execution by him as one of the grantors in a Deed of Emancipation from Isaac Breckenridge and others heirs and legal representatives of James Breckenridge, deceased to Isaac Breckenridge a negro man of about the age of fifty years, and the execution of said deed by the remaining parties thereto was proved to the satisfaction of the Court by the testimoney of C.P.E. Johnson and [John ?] Bruce Thompson two credible witnesses, subscribing witnesses thereto.
**Mary Charlotte, Plaintiff. vs. Gabriel S. Cheuteau, Defendant.**
Now at this day come again the parties aforesaid by their respective Attorneys, and the Court proceeds further to the examination of Venire men,
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when William Warrance, Joseph Shorltz, Delphy Carlin, Joseph Mallette, J. W. Levant, Frederick Jenkins, Hiram Paddleford, Samuel Koper, Thomas S. Warne, James L. Crane, J. P. White and N. C. Myer, twelve good and lawful men, being duly elected, tried and sworn, well and truly to try the issues herein joined, the trial of this cause progressed, but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
The Court met pursuant to adjournment, Present as before.
**The State of Missouri, Plaintiff. vs. Charles Helfinger, Sebastian Redler, John Habich, Jacob Besch & Philip Besch, Defendants.**
Recognizance.
Philip Besch as principal and Jacob Michael as his security, here in Open Court, acknowledge themselves to owe the State of Missouri the sum of One thousand dollars, to be levied of their respective goods and chattels, land and tenements: Yet upon condition that if the said Philip Besch shall personally appear before this Court on the first day of the next term [of ?] thereof to be begun and held at the City of St. Louis on the fourth Monday in October next and from day to day during said term, and on the first day of any future term and from day to day during such future term to which this cause shall be continued to answer to an Indictment found against him for Rioting, and shall not depart the Court without leave thereof, then this recognizance to be void, else of full force.
**James T. Severingen, et. al. Plaintiffs. vs. Harvard F. Christy, et. al. Defendants.**
Now at this day comes the plaintiffs Attorney and suggests to the Court that since the last proceedings herein, William F. Wright one of the defendants has departed this life, and on motion of the plaintiffs Attorney, it is ordered by the Court that a Seire Facicus issue herein against William F. Wright heir at law and legal representative of said deceased William F. Wright, returnable to the next term of this Court.
**Linus Jackson, Plaintiff. vs. Joseph Mc. Entire, et. al. Defendants.**
On motion of the plaintiff by his Attorney, it is ordered by the Court that an Alias summons issues herein returnable to the next term of this Court.
**In the matter of the assignment of Daniel D. Page & Henry D. Bacon.**
On Petition of L. A. Benvist & Co. against Joshua H. Alexander Assignee of said Page & Bacon, to show cause why he should not be dismissed from his said office.
And now at this day, the said Alexander having filed his answer to the said petition, and the Court having heard the said parties by their counsel, and being sufficiently advised in the premises, orders and directs that the said Alexander file an inventory of the items of Ten thousand dollars proceeds of the sale of the Ohio & Mississippi Rail Road, and of Eighty five thousand seven hundred and twenty seven dollars and eighty five cents, being the amount of a judgment of the Court of Common Pleas of this County, as the said items are set forth in the said petition, and also that the said Alexander filed a bond with security to be approved by this Court in the sum of One hundred and ten thousand dollars, conditioned according to the statute in such cases made and provided, and it is further ordered that the said Alexander file the said Inventory and Bond, on or before 12 o'clock, noon of May 31. 1856, and in default thereof that the said rule be made absolute, and that he be dismissed from his said Office.
**Mary Charlotte, Plaintiff. vs. Gabriel S. Chouteau, Defendant.**
Now at this day come again the parties aforesaid by their respective Attorneys, and the Jury sworn and empannelled herein also come, and thereupon the trial of this cause progressed, but not being concluded at the hour of
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adjournment, further proceedings herein are continued until to-morrow morning.
The Court met pursuant to adjournment, Present as before.
**Aaron W. Fagan, Plaintiff. vs. James Connolly, Defendant.**
On motion of the defendant by his Attorney an Appeal is granted him from the judgment herein to the Supreme Court, whereupon said defendant files a Bond, conditioned according to law, for such appeal, and which said Bond is approved by the Court.
**Gustav Thym, Plaintiff. vs. John Schmidt, John Black, and Charles Lafrance, Defendant.**
The Court having duly heard and considered the Petition of the Plaintiff for a rule nise against said defendants, and being fully advised of and concerning the premises, doth refuse to grant the same.
**Frederick Spries, et. al. Plaintiff. vs. John Renz, Defendant.**
Report of Referee filed.
**John Doyle, Plaintiff. vs. Jane Doyle, Defendant.**
Divorce. Decree.
Now at this day come again the parties aforesaid by their respective Attorneys, and the Court being now fully advised of and concerning the premises herein, doth find the issues herein joined in favor of the defendant. It is thereefore ordered, adjudged and decreed by the Court that the plaintiffs prayer for divorce be and the same is hereby denied. It is also ordered, adjudged and decreed that the defendant is entitled to maintainance and support out of the plaintiff's estate, which for the present and until the ascertainment of the amount to be allowed her as permanent Alemony is fixed at the sum of Forty dollars, per month, Which sum the plaintiff is hereby ordered and adjudged to pay to the defendant or her Attorney of record in this cause, until the further order of this Court, at the commencement of each and every month, beginning on the tenth day of June next. And it is further ordered and adjudged that it be referred to Samuel A. Holmes, to ascertain and report, as a Commissioner in Chancery, what will be a proper sum to be allowed the defendant for her permanent support [of the defendant ?], with reference to plaintiff's means and defendant's necessities, and, and for the support of the two children at present in the care of the defendant, distinguishing between the amounts to be allowed for the support of the defendant, and of such child or children respectively. The Commissioner to report all the testimony taken before him, with his reasons for such conclusions as he shall come to and said Commissioner will state specially and show what property or means, if any, belong to the plaintiff in addition to the property mentioned in exhibit A. of the defendant's answer, and what is the value of the property and means and the amount of income, (if any income,) of plaintiff. All further questions are reserved until the coming in of the said Commissioner's Report. Finding of the court filed
**Mary Charlotte, Plaintiff. vs. Gabriel S. Chouteau, Defendant.**
Trespass.
Now at this day come again the parties aforesaid by their respective Attorneys and the Jury sworn and empannelled herein also come, and thereupon the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid do find as to first issue herein joined that the said defendant is guilty of the said trespasses and grievances laid to his charge in manner and form as the said plaintiff hath in her declaration alleged, and as to the second issue herein joined the Jurors aforesaid upon their oaths aforesaid do find that at the time whensaid several supposed trespasses were committed the said plaintiff was not a slave in manner and form as the
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said defendant has in his said second plea alleged. It is therefore considered and adjudged by the Court that said plaintiff be liberated and entirely set free from the said defendant and from all the Court that said plaintiff be liberated and entirely set free from the said defendant and from all persons claiming by, through or under him by title derived since the commencement of this suit, and that said plaintiff recover of said defendant her costs and charges herein expended and have thereof execution. Motion for new trial filed.
The Court met pursuant to adjournment, Present as before.
**John Doyle, Plaintiff. vs. Jane Doyle, Defendant.**
Motion for Review filed, and the Court having duly heard and considered the same and being fully advised of and concerning the premises, doth consider and adjudge that said Motion be overruled. Bill of Exceptions filed. Motion and Affidavit for Appeal filed, and the Court having duly heard and considered the same and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
**Elisha B. Bill's Executor, Plaintiff. vs. John Laughton, Defendant.**
Default.
Now at this day comes said plaintiff by his Attorney but said defendant although duly summoned and called, comes not but makes default, wherefore on motion of said plaintiff by his Attorney, it is considered by the Court that the petition of said plaintiff be taken against said defendant as confessed.
**Francis P. Blair Jr. Plaintiff. vs. Peter Lindell & John Hyde, Defendants.**
Change of Venue.
Now at this day comes said plaintiff by his Attorney and files his Petition, duly verified by Affidavit, for a change of Venue herein, and the Court having duly heard and considered the same, doth order that the Venue of this cause be transferred to the St. Louis Land Court, and that the Clerk of this Court make out, certify and transmit as aforesaid, a full and complete Transcript of the Record and Proceedings herein.
**Francis P. Blair Jr. Plaintiff. vs. Charles Scheulte, Defendant.**
Change of Venue.
Now at this day comes said plaintiff by his Attorney and files his Petition, duly verified by Affidavit, for a change of Venue herein, and the Court having duly heard and considered the same, doth order that the Venue of this cause be transferred to the St. Louis Land Court, and that the Clerk of this Court make out, certify and transmit as aforesaid, a full and complete Transcript of the Record and Proceedings herein.
**Francis P. Blair Jr, Plaintiff. vs. William H. Belcher & Frederick Bates, Defendant.**
Change of Venue.
Now at this day comes said plaintiff by his Attorney and files his Petition, duly verified by Affidavit, for a change of Venue herein, and the Court having duly heard and considered the same, doth order that the Venue of this cause be transferred to the St. Louis Land Court, and that the Clerk of this Court make out, certify and transmit as aforesaid, a full and complete Transcript of the Record and Proceedings herein.
**In the matter of the assignment of Francis Timmermann.**
Order of Sale.
It is ordered by the Court that William Muir assignee of Francis Timmerman do sell the stock and effects assigned at public vendue on
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the following terms, viz: For all sums up to Twenty dollars cash, for all sums over Twenty dollars on a credit of Ninety days, secured by notes with approved endorsers; the Assignee giving ten days notice of the sale by advertisement in the Daily Missouri Republican, and it is further ordered that in the mean time the assignee have leave to sell at private sale in the usual course of trade, such articles of the stock as he may have an advantageous offer for.
**The Atlantic Mutual Insurance Company, Plaintiff. vs. The Equitable Fire Insurance Company, Defendant.**
Satisfaction.
Now at this day comes the plaintiff by its Attorney and acknowledges to have received full and entire satisfaction of the judgment rendered herein.
**Richard B. Dallam, Plaintiff. vs. William Renshaw Jr, et. al. Defendants.**
Affidavit for Appeal filed, and on motion of the plaintiff by his Attorney an Appeal is granted him to the Supreme Court from the judgment herein, and thereupon Francis P. Blair Jr, as principal, and Samuel T. Glover and Thomas J. Gantt, as securities, herein Open Court, acknowledge themselves to owe William Renshaw Jr, and Emily his wife, William Renshaw Jr, Administrator of Joseph S. Morrison, deceased, and William Logan and Mary his wife, the sum of One thousand dollars, to be levied of their respective goods and chattels, lands and tenements: Yet, upon the following conditions, viz: that the Appellant herein will prosecute his appeal with due diligence to a decision in the Supreme Court, and shall perform such judgment as shall be given by the Supreme Court, or such as the Supreme Court may direct the Circuit Court to give; and if the judgment of such Court, or any part thereof, be affirmed, that he will comply with and perform the same, so far as it may be affirmed; and will pay all damages and costs which may be awarded against the appellant by the Supreme Court, then this Recognizance to be void, else of full force and effect.
**Mary Charlotte, Plaintiff. vs. Gabriel S. Chouteau, Defendant.**
The Court having duly heard and considered the motion for a new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be overruled. Bill of Exceptions filed. Affidavit for appeal filed, and on motion of the defendant by his Attorney, an appeal is granted him from the judgment herein to the Supreme Court, and thereupon Gabriel S. Chouteau, as principal, and Thomas T. Gantt and Peter Ferguson as securities, here in Open Court, acknowledge themselves to owe Mary Charlotte the sum of Two thousand dollars to be levied of their respective goods and chattels, lands and tenements: Yet, upon the following conditions, viz: that the Appellant herein will prosecute his appeal with due diligence to a decision in the Supreme Court, and shall perform such judgment as shall be given by the Supreme Court, or such as the Supreme Court may direct the Circuit Court to give; and if the judgment of such Court, or any part thereof, be affirmed, that he will comply with and perform the same, so far as it may be affirmed; and will pay all damages and costs which may be awarded against the appellant by the Supreme Court, then this recognizance to be void, else of full force and effect.
**Samuel Wainerright, Plaintiff. vs. Richard Rowland, et. al. Defendants.**
The Court having duly heard and considered the motion for a new trial and for Review, and also the Exceptions to the Commissioners' Report herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion and said Exceptions be overruled; and the Court having also duly heard and considered the motion to confirm the Report of the Commissioners herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be sustained, and that said Report be and the same is hereby confirmed; and it appearing to the Court from said Report that the lands described in the petition and judgment herein, cannot be divided without great prejudice to the owners of the same, it is, on motion of the defendants by their Attorney, ordered by the Court that the Sheriff of St. Louis County sell said lands according to the statute in such case made and provided, agruably to the subdivision recommended by the Commissioners in their Report herein, and upon the following terms, viz: One third of the purchase money to be paid in cash, and the balance in two equal payments, at one and two years, to be secured by died of trust upon the property sold Motion to set aside order of sale filed, and the Court having duly heard and considered the same, and being fully advised of and concerning the premises, doth consider and adjudge that the same be overruled. Bill of Exceptions filed.
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**James B. Eads, et. al. Plaintiffs vs. Steam Boat Daniel G. Taylor, Defendant.**
Bond for Release filed and approved by the Court.
**William G. Fife, et. al. Plaintiffs. vs. Carl Dehaut, et. al. Defendants.**
The Court having duly heard and considered the motion for a new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be overruled. Bill of Exceptions filed.
**In the matter of the assignment of Daniel D. Page & Henry D. Bacon.**
Inventory filed, Bond of Assignee filed and approved by the Court.
**Nancy Link & her husband, Plaintiffs. vs. Francis B. Edmondson, et. al. Defendants.**
The Court having duly heard and considered the motion for a new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be overruled, and by consent of parties until the twentieth of June next is given the defendants to file a Bill of Exceptions herein.
**Marris B. Mann, et. al. Plaintiffs. vs. Jacob Benjamin, Defendant.**
Motion to set aside order requiring now indemnifying Bond, continued until next term.
**John Scott, Plaintiff. vs. Hercules Carroll, Defendant.**
The Court having duly heard and considered the motion for a new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be sustained, and that a new trial be had herein at the next term of this Court.
**Henry April, Plaintiff. vs. James S. Thomas, Defendant.**
Motion for security for costs continued until next term.
**Jacob Baker, Plaintiff. vs. William Zigingham, Defendant.**
The Court having duly heard and considered the motion in arrest of judgment, and also the motion for a new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motions be sustained.
**Benjamin Brookes, Plaintiff. vs. William Hassinger, et. al. Defendants.**
Motion for security for costs withdrawn.
**Patrick Fury, Plaintiff. vs. Thomas Burke, Defendant.**
The Court having duly heard and considered the motion to set aside the non suit herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be sustained, and that the plaintiff pay the costs herein accrued during the present term of this Court, and that execution issue therefor.
**State to use of Adam Worst, Plaintiff. vs. Benjamin B. Hicks, et. al. Defendants.**
The Court having duly heard and considered the motion to set aside the non suit herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be sustained, and that the plaintiff pay the costs herein accrued during the present term of this Court, and that execution issue therefor.
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**Sarah Fowler, Plaintiff. Thomas Campbell, Defendant.**
The Court having duly heard and considered the motion to set aside the dismissal herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be sustained.
**Morris Langhorne, Sr. et. al. Plaintiffs. vs. Joseph S. Papon, et. al. Garnishees of David Francis, et. al. Defendants.**
The Court having duly heard and considered the Exceptions to the First, Third & Fourth Interrogatories herein, and being fully advised of and concerning the premises, doth consider and adjudge that the same be sustained, and leave is given the plaintiffs to amend said Interrogatories on or before the first day of the next term of this Court.
**In the matter of the assignment of John Bellward.**
On Citation against Assignees.
Neither party appearing, the hearing of this matter is continued until the next term of this Court.
**The St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. William S. Harney and Mary his wife, Defendants.**
Now at this day come the parties aforesaid by their respective Attorneys, and it appearing to the Court that the Commissioners herein have duly proceeded according to the orders heretofore made in this case, and in pursuance of the statute in that case made and provided, and have ascertained and determined the compensation to which said defendants are entitled for the following real estate proposed to be taken by said plaintiff, to wit: a portion of the following land in the County of St. Louis, viz: Lot number Three in the subdivision of United States Survey number Two hundred and eighty six, in said County of Saint Louis; bounded on the north by Harney Street, east by the Mississippi River, south by land of Henry and Octavia Boyce, and west by Carondelet Avenue, which portion is as follows, to wit: a strip fifty feet wide by the distance from the northern to the southern boundary of said tract, from station forty four and four hundredths of said centre line of said road (as laid out in the plat and certificate filed according to law by said plaintiff in the Clerk's Office of Saint Louis County) to station forty six and four hundredths, of said centre line, twenty five feet wide on each side of said centre line; and that said compensation is the sum of Five hundred dollars: all which appears by the Report filed by said Commissioners in this cause- the Court being fully advised in the premises, doth, by consent of parties, confirm said Report, and doth order that said plaintiff pay to said defendants the compensation awarded them by said Commissioners, and file receipt therefor in the papers in this cause.
**The St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. Melson Fine, Harrit Fine, Mary E. Fine, Flavus J. Fine, and Theodosia Fine, by their Guardian, Sebastian Sappington; and also Ellen Fine, Defendants.**
Now at this day comes the plaintiff by Samuel A. Holmes its Attorney, and the defendants come not, and on plaintiff's motion, it appearing to the Court that due notice thereof has been given according to the rules and practice of this Court, and that said Commissioners have duly proceeded according to the orders heretofore made in this case, and in pursuance of the statute in that case made and provided, and have ascertained and determined the compensation to which said defendants are entitled for the following real estate proposed to be taken by said plaintiff, to wit: a portion of the following land in the County of St. Louis, viz: a tract of land in the southeastern part of said Saint Louis County, bounded on the east by the Mississippi River, in the south by land of Bryan Mullanphy's estate, seperating it from the Maramee River, in the north by land of George Kart's heirs, and on the west by land of owners unknown, which portion is the portion of said tract between the centre line of said roadway, (as laid down in the plat and certificate filed according to law by said plaintiff in the Clerk's Office of Saint Louis County) and the Mississippi River, and between station number eight hundred and twenty four, & fifty hundredths, and station number eight hundred and forty five and fifty hundredths, of said centre line; and also a portion of said tract, on the right or western side of said centre line, of a width of seventy five feet, from station eight hundred and twenty four and fifty hundredths to station eight hundred and thirty three; of a width of eighty feet, from said last names station to station eight hundred and thirty seven; of a width of fifty feet, from said last named station to station eight hundred and forty two; and of a width of one hundred feet, from said last named station to the southern boundary of said tract, about station eight hundred and forty five, fifty hundredths, (all said stations being stations of said centre line of said read); and the land covered as aforesaid by said roadway, is about nine acres in size: and that said compensation is as follows: the sum of One hundred and thirty one dollars, to be divided among
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said defendants, as follows: to each, one sixth thereof, all which appears by the Report filed by said commissioners in this cause- the court being fully advised in the premises, doth confirm said Report, and doth order that plaintiff deposit in the Banking House of Lucas & Simonds in the City of St. Louis, to the credit of this cause, and subject to the further order of this court, the compensation awarded defendants by said Commissioners, and file proper receipts therefor in the papers in this cause.
**The St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. Margaret Theile, Henry Bushkamper and Catharine his wife, Defendants.**
Now at this day comes the plaintiff by Samuel A. Holmes its Attorney, and the defendants come not, and on plaintiffs' motion, it appearing to the Court that due notice thereof has been given according to the rules and practice of this Court, and that said Commissioners have duly proceeded according to the orders heretofore made in this case, and in pursuance of the statute in that case made and provided, and have ascertained and determined the compensation to which said defendants are entitled for the following real estate proposed to be taken by said plaintiff, to wit: a portion of the following land in the County of Saint Louis, viz: a lot of land lying and being in said County of Saint Louis, in Block fourteen of the old town of Carondelet, and having a front of forty feet westwardly in main street, and extending with a like width of forty feet, eastwardly, three hundred and twenty feet, to water street; bounded west by main street, east by water street, south by N Street, and north by land now or lately of the heirs of Joseph Plasters, which portion is a part of said lot twenty five feet wide on each side of a line drawn though the centre of said lot, from the northern to the southern boundary thereof, equi-distant from said main and water streets; and that said compensation is as follows: the sum of one hundred dollars, to be divided between said claimants as follows: to Margaret Theile, One half; to Henry & Catharine Bushkamper, the same. All which appears by the Report filed by said Commissioners in this cause, and it further appearing to the Court that the amount of the compensation so assessed by said Commissioners has been paid by plaintiff to the said defendants, and the Court being fully advised in the premises doth confirm said Report.
**The St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. Elizabeth Bockerinkle, and Herman Linderman, Administrator of Francis Bockerinkle, deceased. Defendants.**
Now at this day comes the plaintiff by Samuel A. Holmes its Attorney, and the defendants come not, and on plaintiffs' motion, it appearing to the Court that due notice thereof has been given according to the rules and practice of this Court, and that said Commissioners have duly proceeded according to the orders heretofore made in this case, and in pursuance of the statute in that case made and provided, and have ascertained and determined the compensation to which said defendants are entitled for the following real estate proposed to be taken by said plaintiff, to wit: a portion of the following land in the County of Saint Louis, viz: the west half of Block number four in survey number three of the City of Carondelet in said County of Saint Louis, bounded north by Steins street, south by Schimer street, west by Jackson street, and east by the eastern half of said blocks, which portion is so laid out as to crop said tract obliquely from its western to its southern border, entering said tract [at ?] on the western line at station two hundred and forty eight and seventy two hundredths of the centre line of said roadway, and leaving it at station two hundred and fifty one and forty hundredths of said centre line of said roadway; and said roadway covers so much of said tract as is included between the western and southern boundaries of said tract and two lines, one twenty five feet distant from and parallel to said centre line on the southwest, and the other twenty five feet distant from and parallel to said centre line, on the north-east all as said roadway is laid out on the plat and certificate filed by said plaintiff in the Clerk's Office of Saint Louis County, and that said compenstaion is the sum of Six hundred and ten dollars, to be divided between said claimants as follows, The whole to Elizabeth Bockerinkle, all which appears by the Report filed by said Commissioners in this cause, And it further appearing to the Court that the amount of the compensation so assessed by said Commissioners has been paid by plaintiff to the said defendant, and the Court being fully advised in the premises doth confirm said Report.
**The St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. James Clemens, and also his children, James B. Bryan M. Catharine J, Helen J, Alice B, and Jeremiah W. Clemens, Defendants.**
Now at this day comes the plaintiff by Samuel A. Holmes its Attorney, and the defendants come not, and on plaintiffs' motion, it appearing to the Court that due notice thereof has been given according to the rules and practice of this Court, and that said Commissioners have duly proceeded according to the orders heretofore made in this case, and in pursuance of the statute in that case made and provided, and have ascertained and determined the compensation to which said defendants are
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entitled for the following real estate proposed to be taken by said plaintiff to wit: a portion of the following land in the County of Saint Louis, viz: a tract of land lying and being in said County of Saint Louis, being part of United States Survey number Three hundred and seventy four and bounded north by land of Charles Chambers and wife, south by land of Louis A. Labeaume, west by the Carondelet Road and east by the Mississippi River; which portion is one hundred and ninety three feet long, more or less, by fifty feet wide, being a strip extending from the northern boundary of said tract at Station fifty one and eighty two and a half hundredths of the centre ine of said roadway as designated on the plat and certificate filed according to law by said plaintiff in the Clerk's Office of Saint Louis County, to the southern boundary of said tract, at Station fifty three and seventy five and a half hundredths of said roadway as so designated as aforesaid; and having a width of twenty five feet on each side of said centre line of said roadway; and that said compensation is the sum of Five hundred dollars, to be divided between said claimants as follows: To James Clemens, one forty ninth part: To each of his six children, eight forty ninths thereof all which appears by the Report filed by said Commissioners in this cause- the Court being fully advised in the premises, doth confirm said Report, and doth order that plaintiff deposit in the Banking House of Lucas & Simonds in the City of St. Louis, to the credit of this cause, and subject to the further order of this Court, the compensation awarded defendants by said Commissioners, and file proper receipts therefor in the papers in this cause.
**The St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. Henry Chouquette and Antione Chouquette by their Guardian, Julien Chouquette, Defendants.**
Now at this day comes the plaintiff by Samuel A. Holmes its Attorney, and the defendants come not, and on plaintiffs' motion, it appearing to the Court that due notice thereof has been given according to the rules and practice of this Court, and that said Commissioners have duly proceeded according to the orders heretofore made in this case, and in pursuance of the statute in that case made and provided, and have ascertained and determined the compensation to which said defendants are entitled for the following real estate proposed to be taken by said plaintiff, to wit: a portion of the following land in the County of Saint Louis, viz: two lots in block thirteen of the old town of Carondelet in said County of Saint Louis, one having a front of eighty feet westwardly on Main street, and extending, eastwardly with a like width, one hundred and sixty feet, more or less, to the centre line (from north to south) of said block, and bounded on the east by said centre line, on the west by main street, on the south by land now or lately of Michael Poter's estate, and on the north by land now or lately of Francis Paupency, and the other lot having a front northwardly on L street, of eighty feet and extending southwardly, with a like width, one hundred and sixty feet, more or less, to the centre line (from east to west) of said block, and bounded north by L street, aforesaid, south by land now or lately of Michael Peter's estate, east by land now or lately of P. A. Berthold's esate, and west by the centre line from north to south, of said block; which portion is a strip twenty five feet wide, off the eastern end of said first named lot, and extending from the northern to the southern line thereof; and also a strip twenty five feet wide, off the western side of said second named lot, and extending from the northern to the southern line thereof, and that said compensation is the sum of Three hundred and fifty dollars, to be divided between said claimants as follows: One half to each; all which appears by the Report filed by said Commissioners in this cause, and it further appearing to the Court that the amount of the compensation so assessed by said commissioners has been paid by plaintiff to the said defendants, and the Court being fully advised in the premises, doth confirm said Report.
**The St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. Charles Chambers & Jane his wife, Defendants.**
Now at this day comes the plaintiff by Samuel A. Holmes its Attorney, and the defendants come not, and on plaintiffs' motion, it appearing to the Court that due notice thereof has been given according to the rules and practice of this Court, and that said Commissioners have duly proceeded according to the orders heretofore made in this case, and in pursuance of the statute in that case made and provided, and have ascertained and determined the compensation to which said defendants are entitled for the following real estate proposed to be taken by said plaintiff, to wit: a portion of the following land in the County of Saint Louis, viz: Lot number seven in the subdivision of United States Survey number two hundred and eighty six, in said Saint Louis County; bounded in the east by the Mississippi River, west by Carondelet Avenue, north by Saint Ange Addition, and south by land now or lately of James Clemens and children; which portion is a strip of land fifty feet wide, or twenty five wide an each side of the centre line of said roadway as laid out on the plat and certificate filed according to law by said plaintiff in the Clerk's Office of Saint Louis County, and extending from station forty nine and ninety One hundredths to station fifty one and eighty three hundredths, of said centre line, or one hundred and ninety two feet long from the northern to the southern line of said tract; and that said compensation is the sum of Five hundred dollars, to be divided between said claimants as follows: the whole to said Charles Chambers and wife; all which appears by the Report filed by said Commissioners in this cause- the Court being fully advised in the premises, doth confirm said Report, and
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doth order that said plaintiff deposit in the Banking House of Lucas & Simonds in the City of St. Louis, to the credit of this cause, and subject to the further order of this Court, the compensation awarded defendants by said Commissioners, and file proper receipts therefor in the papers in this cause.
**The St. Louis & Iron Mountain Rail Road Company, Plaintiff. vs. John Klunt and Catharine his wife, William Mehl and Elizabeth his wife, Philip Gephard and Mary his wife, Jacob Ellinger and Melinda his wife, Jacob Karst, George Karst, Peter Karst, Frederic Karst, Henry Karst, Defendants.**
Now at this day comes the plaintiff by Samuel A. Holmes its Attorney, and the defendants come not, and on plaintiffs' motion, it appearing to the Court that due notice thereof has been given according to the rules and practice of this Court, and that said Commissioners have duly proceeded according to the orders heretofore made in this case, and in pursuance of the statute in that case made and provided, and have ascertained and determined the compensation to which said defendants are entitled for the following real estate proposed to be taken by said plaintiff, viz: a portion of the following land in the County of Saint Louis, viz: a tract of land lying and being in said Saint Louis COunty, in Carondelet Township, and bounded east by the Mississippi River, north by land now or lately of Benjamin Fine's heirs: which portion is so much of said tract as lies between the Mississippi River and the centre line of said roadway, as laid down on the plat and certificate filed according to law by said plaintiff in the Clerk's Office of Saint Louis County, from station eight hundred and three and eighty hundredths to station eight hundred and twenty four and fifty hundredths, (both stations of the centre line of said roadway), more or less; and also a strip fifty feet wide, and extending along the western side of said centre line, between said stations (more or less) from the northern to the southern boundary of said tract: said portion and the land between the Mississippi River and said centre line, comprising six acres and seventy one hundredths of an acre, and that said compensation is the sum of Fifty dollars, to be divided between said claimants as follows: John & Catharine Klunt, One whole sister's share; William & Elizabeth Mehl, the same; Philip & Mary Gephaidt, on share, as half sister; Jacob & Melinda Ellinger, the same; Jacob Karst, the same; George Karst, the same; Peter Karst, the same; Frederick Karst, the same; Henry Karst, the same; according as the Court may determine their respective amounts; all which appears by the Report filed by said Commissioners in this cause- the Court being fully advised in the premises, doth confirm said Report, and doth order that plaintiff deposit in the Banking House of Lucas & Simonds in the City of Saint Louis, to the credit of this cause, and subject to the further order of this court, the compensation awarded defendants by said Commissioners, and file proper receipts therefor in the papers in this cause.
**The St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. John L. Hardman, Glen O. Hardman and Cornelia his wife, Leena Cadell and James Dunica her trustee, Thomas Hardeman and his three children, Cornelia L, Constant L, and Jacob N. Hardeman, Defendants.**
Now at this day comes the plaintiff by its Attorney Samuel A. Holmes, and the defendants come not, and on plaintiffs' motion, it appearing to the Court that due notice thereof has been given according to the rules and practice of this Court, and that said Commissioners have duly proceeded according to the orders heretofore made in this case, and in pursuance of the statute in that case made and provided, and have ascertained and determined the compensation to which said defendants are entitled for the following real estate proposed to be taken by said plaintiff, to wit: a portion of the following lands in Saint Louis County, viz: the south half of block twelve of the old town of Carondelet, said half block being bounded in the north by land now or lately of Auguste Gamache Jr, south by L street, east by water street, and West by main street, having a front of One hundred and sixty feet on Main street, and extending, with a like width, three hundred and twenty feet, to water street; also the north half of Block fourteen in said old town of Carondelet, said half block being hundred in the north by M street, south by land now or lately of Gottlieb Ottinger, east by water street and west by main street, having a front of one hundred and sixty feet on Main street, and extending, with a like width, three hundred and twenty feet, to Water street; all lying and being in the County of Saint Louis aforesaid: which portion is a strip of land in each of said half blocks running from north to south through the centre of sid half blocks, fifty feet wide (twenty five feet wide on each side of a straight line drawn through said blocks equi distant from said Main and Waters), by a length equal to the width of said half blocks, from their northern to their southern lines, respectively, and that said compensation is the sum of Six hundred dollars, to be divided between said claimants as follows: One fourth to John L. Hardeman; One fouth to Glen O. & Cornelia Hardeman; One fourth to James Dunica in trust for Leena Cudill; one fourth to Thomas Haideman, during his life, (that is to say, the use thereof for life), and on his death to be divided equally between his children, Cornelia L, Constant L, & Jacob N. Hardeman; all which appears by the Report filed by said Commissioners in this cause- the Court being fully advised in the premises, doth confirm said Report, and doth order that plaintiff deposit the Banking House of Lucas & Simonds in the City of Saint Louis, to the credit of the cause, and subject to the further order of this Court, the compensation awarded defendants
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by said Commissioners, and file proper receipts therefor in the papers in this cause.
**The St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. The City of Saint Louis, Richard Graham & Catherine his wife, Charles Chambers and Jane his wife, Henry Boyce and Octavia his Wife, William S. Harney and Mary his wife, James Clemens Jr, and James B. Clemens, Richard G, Bryan M, Catherine J, Helen J, Alice B, & Jeremiah W. Clemens, by their Guardian, Jeremiah Clemens Jr, Defendants.**
Now at this day comes the plaintiff by Samuel A. Holmes its Attorney, and the defendants come not, and on plaintiffs' motion, it appearing to the Court that due notice thereof has been given according to the rules and practice of this Court, and that said Commissioners have duly proceeded according to the [statute in ?] orders heretofore made in this case, and in pursuance of the statute in that case made and provided, and have ascertained and determined the compensation to which said defendants are entitled for the following lands proposed to be taken by said plaintiff, to wit: a portion of the following lands in Saint Louis County, viz: Blocks forty one, forty two, forty four, and sixty five, all in survey number three of the City of Caondelet in said County, and also a tract of land at the junction of the Maramec and Mississippi Rivers, likewise in said County, bounded southwardly by said Maramec river, eastwardly by said Mississippi River, and northwardly by land now or late of Fine's heirs; said blocks and tract of land being parts of the estate of Bryan Mullanphy, deceased. which portions of said blocks and tracts, as follows according to the [survey of said ?] plat and certificate filed according to law by said plaintiff in the Clerk's Office of Saint Louis County, and being nine hundredths of an acre in said block forty one, twenty seven hundredths of an acre in said block forty two, eighteen thousandths of an acre in said block forty four, thirty six hundredths of an acre in said block sixty five, and nine acres and sixty six hundredths of an acre an said tract on the Maramec river: and that said Compensation is the sum of Four hundred and eighty eight dollars, to be divided as follows: One third to the City of Saint Louis, and the balance to be divided into five equal parts, one part to Richard and Catherine Graham, one part to Charles and Jane Chambers, one part to Henry and Octavia Boyce, one part to William S. and Mary Harney, and one part to James B, Richard G, Bryan M, Catherine J, Helen J, Alice B, and Jeremiah W. Clemens, in fee, subject to the life interest of James Clemens Jr; all which appears by the Report filed by said Commissioners in this cause- the Court being fully advised in the premises, doth confirm said Report, and doth order that plaintiff deposit in the Banking House of Lucas & Simonds in the City of St. Louis to the credit of this cause, and subject to the further order of this Court, the compensation awarded defendants by said Commissioners, and file proper receipts therefor in the papers in this cause.
**The St. Louis & Iron Mountain Railroad Company, Plaintiff. vs. Barton Bates, et. al. Defendants.**
Continued.
The Court audits and allows an account of Turner Maddox Sheriff of St Louis County amounting to one hundred and twenty two dollars and fifteen cents for his attendance on the Court and for stationery furnished for the use of the Court during the present term of the Court, and orders, thta said account be certified to the County Court for payment
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RECORD 25 1855 TO 1856 CIRCUIT COURT - Extent
- 485 pgs
St. Louis Circuit Court, “Circuit Court Record Book 25: 1855 to 1856”, 1855-1856, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/65814