Circuit Court Record Book 26: 1856 to 1857
Item
St. Louis Circuit Court, “Circuit Court Record Book 26: 1856 to 1857”, 1856-1857, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/65815
- Title
- Circuit Court Record Book 26: 1856 to 1857
- Creator
- St. Louis Circuit Court
- Date
- 1856-1857
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- Identifier
- rcd1856.0026.812
- PDF Download
- Download PDF of all images
- Transcription
-
# Record 26 1856 to 1857
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**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 in the State aforesaid on the fourth Monday of October, being the twenty seventh day of said month, in the year of our Lord One thousand eight hundred and fifty six, were present the Honorable Alexander Hamilton Judge of said Court, James Castells Esquire Sheriff of St. Louis County and Secrates Newman Clerk of said Court.
It is ordered by the Court that the Sheriff of St. Louis summon twenty four good and lawfull men for each and every week during the present term of this Court, to serve as Jurers in this Court.
It is ordered by the Court that an election be held in the County of St. Louis and State of Missouri on monday the first day of December next for clerk of the Circuit Court of said County to supply the vacancy occasined by the resignation of William J. Hammond, to which Office Secrates Newman has been be the Court temporarily appointed until a successor be duly elected and qualified according to law. Said Clerk so to be elected to hold his Office until the 1st day of January 1860, and until his successor shall be elected and qualified. This election will be conducted as other elections are by the laws of the State directed to be held and conducted. It is further ordered that a copy of this order be published daily until the election in all the daily newspapers in the City of St. Louis.
**George Henderson Plaintiff. vs. Frederick Allright Garnishee of Geo. W. Loper &c. Defendant**
Allegations & Interrogations filed.
**Alexander Mc. Elhinney Plaintiff. vs. Frederick Allright Garnishee of George W. Soper Defendant**
Allegations & Interrogations filed.
**John Dunn Plaintiff. vs. William Wade Defendant**
Answer filed.
**Simon O'Connell, Plaintiff. vs. William Grumly, Defendant**
Proof of Publication filed.
**Mary A. Blackstone, Plaintiff. vs. Nathaniel Blackstone, Defendant.**
Proof of Publication filed.
**George Draper, et. al. Plaintiffs. vs. Robert Henry, Defendant.**
Amended Petition filed.
**Henry Von Phul, et. al. Plaintiffs. vs. William C. Anderson, et. al. Defendants.**
Answerfiled.
**John B. Holland, et. al. Plaintiffs. vs. William Wade, et. al. Defendants.**
Demurrer filed.
**Herman Nulla, Plaintiff. vs. Charles W. Horn Garnishee of Adolph Nulla, Defendant.**
Interrogatories filed.
**William Nulla Plaintiff. vs. Charles W. Horn Garnishee of Adolph Nulla, Defendant.**
Interrogatories filed.
**Joseph Hiel Plaintiff. vs. Charles W. Horn Garnishee of Adolph Nulla, Defendant.**
Interrogatories filed.
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**Charles Fritz, Plaintiff. vs. Isadow Busch, Defendant.**
Answer filed.
**James Wilson, Plaintiff. vs. Terence Brady, Defendant.**
Answer filed.
**Michael Murphy, Plaintiff. vs. Benjamin F. Hickman, Defendant.**
Change of Venue.
Now at this day comes the plaintiff by his Attorney and files his Petition duly verified by affidavit, praying 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
**Jacob Baker, Plaintiff. vs. William Zigingham, 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 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 agreed and also his costs and charges herein expended and have thereof execution.
**John S. Mc. Cune & Peter L. Vanderenter, Plaintiff. vs. Joseph S. Hull & Elizabeth his wife, Defendants.**
On motion of the plaintiffs by their Attorney, it is ordered by the Court that the following be entered nune pre tune of date May sixth Eighteen hundred and fifty six, viz: "Now at this day come the parties aforesaid by their respective Attorneys, and it appearing to the Court from the Report of the Commissioner herein, this day confirmed that said defendants are indebted to said plaintiffs in the sum of Four hundred and ninety five dollars an sixty 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 by the Commissioner found to be due and also their costs and charges herein expended and have thereof execution.
**John Mathews, Plaintiff. vs. Sverates Numan, Garnishee of James Conran, et. al. Defendants.**
Answer of Garnishee filed by leave of Court.
**Elijah Sells, Plaintiff. vs. James L. Fitch Garnishee, Defendant.**
Motion for security for costs filed.
**Elijah Sells, Plaintiff. vs. Edward M. Morgan, Garnishee, Defendant.**
Motion for security for costs filed.
**James G. Mc. Pheeters, Plaintiff. vs. William Wible, Defendant.**
On motion of the plaintiff by his Attorney, it is ordered by the Court the an alias Summones issue herein returnable to the next term of this Court.
**Morris Langhane Sent, et. al. Plaintiffs. vs. Joseph S. Papin, et. al. Garnishees, Defendants.**
On motion of the plaintiffs by their Attorney, ten days additional time is given them to file amended and additional allegations [and ?] Interogatories herein.
Patrick Yore, et. al. Plaintiffs. vs. Steam Boat "C. Bealer" Defendant. Supplemental answer filed.
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**John W. Johnson, et. al. Plaintiffs. vs. Steam Bras "Cumberland Valley" Defendant.**
Answer filed.
**James S. Mc. Lain, Plaintiff. vs. Pleasant Devinney, et. al. Defendants.**
Answer of defendants Devinney and Sheridan filed.
**Alexander Mc. Elhinney, Plaintiff. vs. George W. Loper, Defendant.**
Plea in Abatement filed.
**G. Gottfried Goethe, Plaintiff. vs. Jacob Reichard Trustee &c. et. al. Defendants.**
Motion and Affidavit to set aside Judgment filed.
**John A. Brounlee, et. al. Plaintiffs. vs. John J. Anderson, Garnishee, Defendant.**
Interrogatories filed.
**Joseph Charless, et. al. Plaintiffs. vs. John J. Anderson, Garnishee, Defendant.**
Interrogatories filed.
**George B. Michael, Plaintiff. vs. John S. Watson, Defendant.**
Proof of Publication filed.
**Peirre Choutean Jr. et. al. Plaintiffs. vs. James W. Moore, et. al. Defendant.**
Proof of Publication filed.
**Peirre Choutean Jr, et. al. Plaintiffs. vs. James W. Moore, Defendant.**
Proof of Publication filed.
**Linus Jackson, Plaintiff vs. Herman Kalman, et. al. Defendants.**
Proof of Publication filed.
**John M. Orven, et. al. Plaintiffs. vs. Samuel Jacks, et. al. Defendants.**
On motion of the plaintiffs by their Attorneys, until the twenty sixth of November next is allowed them to file Interrogatories against the Garnishees summoned herein.
**James M. Blackwell, et. al. Plaintiffs. vs. Samuel Jacks, et. al. Defendants.**
On motion of the plaintiffs by their Attorneys, until the twenty sixth of November next is allowed them to file Interrogatories against the Garnishees summoned herein.
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**Monday October 27th 1856.**
**Louis A. Benoist, et. al. Plaintiffs. vs. 210. Dominick J. Childs, et. al. Defendants.**
Answer of Deminick J. Childs filed.
**Louis A. Benoist, et. al. Plaintiffs. vs. 211. Dominick J. Childs, et. al. Defendants.**
Answer of Deminick J. Childs filed.
**Adolph Wislezenus, Plaintiff. vs. Martin Harmmerle, Defendant.**
Answer filed.
**George Bailey, Plaintiff. vs. Dalney Corr, Defendant.**
Answer filed.
**William W. Nakelam, Plaintiff. vs. Charles H. Valentine, et. al. Defendants.**
Answer filed.
**The State of Missouri, Plaintiff. vs. Charles Combs and James B. Ricord, Defendants.**
Seire Facias On Recognizance.
Now at this day comes the Circuit Attorney who prosecutes for the State, but the said defendants, although called, come not, but [ma ?] default, not have they shown any cause why the said State should not have execution against them of the debt of Five hundred dollars, by them acknowledged to be due, as by the said Recognizance now remaining of Record in this Court showeth, therefore, it is ordered by the Court, that the said State have execution against said defendants, for the debt of Five hundred dollars aforesaid, and also for the costs in this behalf accured.
**The State of Missouri, Plaintiff. vs. William Burke and George Broun, Defendants.**
Seire Facias On Recognizance.
On motion of the Circuit Attorney, who prosecutes for the State, it is ordered by the Court that an Alias Scire Facias issue herein, returnable to the next term of this Court.
**Scire Facias on Recognizance.**
The State of Missouri, Plaintiff. vs. James L. Cassidy, Peirre Chouteau Jr, & James Cassidy, Defendants.
The State of Missouri, Plaintiff. vs. James L. Cassidy, Peirre Chouteau Jr, & James Cassidy, Defendants.
The State of Missouri, Plaintiff. vs. James L. Cassidy, Peirre Chouteau Jr, & James Cassidy, Defendants.
The State of Missouri, Plaintiff. vs. James L. Cassidy, Peirre Chouteau Jr, & James Cassidy, Defendants.
The State of Missouri, Plaintiff. vs. James L. Cassidy, Peirre Chouteau Jr, & James Cassidy, Defendants.
On motion of the Circuit Attorney, who prosecutes for the State, it is ordered by the Court that an Alias Scire Facias issue in each of the foregoing five cases, returnable to the next term of this Court.
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**Tuesday October 28th 1856**
The Court met pursuant to adjournment, Present as before.
**Charles W. Newton, Plaintiff. vs. John W. Spalding, Defendant.**
Demurrer filed.
**George B. Murray, Plaintiff. vs. David C. Pancourt, et. al. Defendants.**
Now at this day comes the plaintiff by his Attorney and dimisses this suit as to the defendant Alexander L. Tyler.
**Louis A. Benoist, et. al. Plaintiffs. vs. 210. Dominick J. Chelds, et al. Defendants.**
Answer of James B. Ricords filed.
**Louis A. Benoist, et. al. Plaintiffs. vs. 211. Dominick J. Childs, et. al. Defendants.**
Answer of Lewis F. Lacy filed.
**Anthony M. Foster & Jane Foster his wife, Plaintiffs. vs. Joseph H. Locke Executor of Legrand F. Rucker, Defendant.**
Appeal from Probate Court.
And now comes the Attorney for the plaintiffs and suggests to the Court the death of said plaintiff Jane Foster, and brings here into Court the letters of administration on the estate of said Jane Foster by which is appears the Probate Court of St. Louis County has appointed William S. Stamps administrator of the estate of said Jane Foster: and inasmuch as said Anthony M. Foster is a merely nominal party having no interest in the matter in controversy but having been joined with his said wife merely for the sake of conformity to practise it is, on motion of said Attorney, ordered by the Court that this suit be dismissed as to said Anthony M. Foster, and that said William S. Stamps administrator as aforesaid be substituted as plaintiff herein in the place of said Anthony M. Foster and Jane Foster his wife, now deceased.
**John M. Owen, et. al. Plaintiffs. vs. Samuel Jacks, et. al. Defendants.**
Plea in Abatement filed.
**James M. Blackwell, et. al. Plaintiffs. vs. Samuel Jacks, et. al. Defendants.**
Plea in Abatement filed.
**William Sanedeker, et. al. Plaintiffs. vs. Samuel Jacks, et. al. Defendants.**
Plea in Abatement filed.
**Francis [B. ?] Rodgers, et. al. Plaintiffs. vs. Charles B. Lamb, Defendant.**
Answer filed.
**Daniel Brady, Plaintiff. vs. Patrick Conevay, Defendant.**
Answer filed.
**Matthew Nead, Plaintiff. vs. William Parks Sr. et. al. Defendants.**
Answer of William Parks, Jr. & John Logan filed.
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**Daniel Dickey, Plaintiff. vs. James w. Davis, et. al. Defendants.**
Answer filed.
**George Reichard, Plaintiff. vs. Jacob Rosenbaum, et. al. Defendants.**
Demurrer filed.
**Mark Brunagan, et. al. Plaintiffs. vs. Daniel D. Page, et. al. Defendants.**
Answer filed.
**Jesse Hoge, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Answer filed.
**J. B. Alexander, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Answer of defendants, Page, Bacon, and William H. Belcher filed.
**Robert C. Thurman, Plaintiff. vs. 181. Daniel D. Page, et. al. Defendants.**
Answer filed.
**Robert C. Thurman, Plaintiff. vs. 182. Daniel D. Page, et. al. Defendants.**
Answer filed.
**Michael Shaughnessey, Plaintiff. vs. Oeven Murphy. Defendant.**
Motion for security for costs filed; motion to strike out part and demurrer to remainder of Petition filed.
**Patrick Shaughnessey, Plaintiff. vs. Owen Murphy. Defendant.**
Motion for security for costs filed.
**Syndenham R. Clark, Plaintiff. vs. Edwin A. Welsh, Defendant.**
Answer filed.
**Silas P. LamKin, Plaintiff. vs. George W. Higgins, et. al. Defendants.**
Answer filed.
**John J. Anderson, Plaintiff. vs. Nathan C. Covington, et. al. Defendants.**
Answer of defendant Covington filed.
**Bernard S. Pratte, Plaintiff. vs. Pierre Brown, Defendant.**
Demierrer filed.
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**State to use Richard H. Cole Assignee &c. Plaintiff. vs. George B. Brua, et. al. Defendants.**
Demurrer filed.
**The state of Missouri, Plaintiff. vs. Charles Combs & James B. Ricord, Defendants.**
Now at this day comes the defendant James B. Ricord, by his Attorney, and files a Remittiter from the Governor of this State, from all further liability under the Recognizance herein.
**The State of Missouri, Plaintiff. vs. Charles Helfinger, Sebastian Redler, John Habich, Jacob Besch & Philip Besch, Defendants.**
Indictment for Rioting
Now at this day comes the Circuit Attorney who prosecutes for the State, and suggests to the Court that since the finding of this Indictment the defendant Sebastian Redler has departed this life, and thereupon come the defendants Charles Helfinger, John Habich, Jacob Besch & Philip Besch, and by leave of Court and consent of the Circuit Attorney waive the reading of the indictment herein and enter there 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 Twenty five dollars against each of the said defendants, therefore it is considered by the Court that each of the said defendants for their offence of Rioting aforesaid, pay to the State of Missouri for the use of the County of St. Louis the aforesaid fine of Twenty five dollars and also the costs and charges in this behalf accured and that execution issue therefor.
**Benjamin S. Freeman, et. al. Plaintiffs. vs. Jacob Nathan, Defendant.**
Answer filed.
**The State of Missouri, Plaintiff. vs. Michael Dugan, Defendant.**
Indictment for Forgery - Passing Counterfies Money.
Now at this day comes the Circuit Attorney who prosecutes for the State, also comes the defendant in his own proper person in custody of the Sheriff, also comes his Counsel, and thereupon come also a Jury, viz: Michael Mc. Ennis, William Kremming, Carl Abel, Nicholas Schaeffer, John Conran, Mathew Legg, Michael Downey, Nehemiah Myman, William Riley, Arthur Cavanaugh, Frederick Reichard and John Kelly, twelve good and lawfull men who being duly elected, tried and sevorn 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 case progressed but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
Andrew Dennan, who is personally known to the Court, comes into Open Court and acknowledges the execution by him of a deed of Emancipation to a mulatts noman named Margaret A. Calwell, aged twenty three years, about five feet four inches in height and of bright mulatto color.
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**Wednesday October 29th 1856.**
The Court met pursuant to adjournment, Present as before.
**Isaac H. Brackenridge Administrator of James Brackenridge, Plaintiff. vs. Mildred W. Nutt & Colmore Nutt, 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 indebte to said plaintiff in the sum of One hundred and ninety One 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.
**William Parkinson, Plaintiff. vs. John Sigerson, 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 Three hundred and twenty seven dollars and five cents. It is therefore considered and adjudged by the Court that [the petition of ?] said plaintiff recover of said defendant the sum aforesaid in form aforsaid as found and also his costs and charges herein expended and have thereof execution.
**Abiathar Field, Plaintiff. vs. Francis A. Hunt, Joel E. Hunt, & Benjamin Slater, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his Attorney and dismisses this suit as to the defendant Joel E. Hunt, but the defendants Francis A. Hunt and Benjamin Slater 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 Six hundred and eighty four dollars and fourteen cents. It is therefore, considered and adjudged by the Court that said plaintiff recover of said defendants the sum aforesaid in for aforesaid as found and also his costs and charges herein expended and have thereof execution.
**James A. Monks & John B. Ghis, Plaintiffs. vs. John Moore, 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 ninety one 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 also their costs and charges herein expended and have thereof execution.
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**John J. Anderson, Plaintiff. vs. Edward Dabyns, 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 four 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 form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**William Mc. K. Lambdin & Benjamin C. Lambdin, Plaintiffs. vs. Noah L. Smith & Jules Bonnet, Defendants**
Judgment by default.
Now at this day come said plaintiffs by their attorney and dismiss this suit as to the defendant Noah L. Smith, but said defendant Jules Bennet 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 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 thirty two 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 also their costs and charges herein expended and have thereof execution.
**Alexander Sharpe, Plaintiff. vs. James S. Harrison, and George W. Rucker, 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 plaintiff defendants are indebted to said plaintiff in the sum of Two hundred and forty two 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.
**David J. Morrow, Plaintiff. vs. Robert Payinghaus, Thomas Lumley Jr, & William H. Timberlake, Defendants.**
Judgment by default.
Now at this day comes said plaintiff 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 Two hundred and thirty dollars and sixty 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.
**George B. Murray, Plaintiff. vs. David C. Panchest, John M. Harris & Findley Robb. 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 motion of said plaintiff
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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 fifty two 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 form and also his costs and charges herein expended and have thereof execution.
**Henry & Hart, Plaintiff. vs. Israel Skotsky, William Voigt, Timothy Van Luik & August Reinheimer; 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 Two hundred and 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 also his costs and charges herein expended and have thereof execution.
**Thomas Slevin & Charles Slevin, Plaintiffs. vs. Frederick Bartold & Henry Bartold, 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 pleading ?] 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 Two hundred and thirty six 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 also their costs and charges herein expended and have thereof execution.
**John H. Wilson surviving partner of the late firm of Powell, Wilson & Company, Plaintiff. vs. Mason Converse. 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 eight [hundred ?] and ninety two dollars and sixty four cents. It is therefore considered and adjudged by the Court that the 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.
**William Risley, Plaintiff. vs. William H. Finch, & George E. Finch, 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 [upon the ?] and the Court having duly heard and considered the same doth find from the instrument of writing in which this as him is [founded ?] that said defendants are indebted to said plaintiff in the sumof Three hundred and eighty 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
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> Handwritten Page Number on Record Book: 11
aforesaid as found and also his costs and charges herein expended and have thereof execution.
**James S. Libby & Moses P. Clark, Plaintiffs. vs. John G. Simpson & David Cameron, 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, 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 Twelve hundred and sixty seven dollars and seventy 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 also their costs and charges herein expended and have thereof execution.
**Caleb W. Baldwin, Plaintiff. vs. Orleana Schaumburg, 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 Three hundred and sixteen dollars and sixty 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.
**Sverates Newman, Plaintiff. vs. John Lady & Leonora Lady, 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 Two hundred and three 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.
**Michael Klein, Plaintiff. vs. James P. Langford & James W. Stephenson, 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 [upon the pleadings ?] 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 twenty two dollars and two cents. It is therefore considered and adjudged by the Court that the [pet ?] said plaintiff recover of said defendants the sum aforesaid in form aforesaid as joined and also his costs and charges herein expended and have thereof execution.
**The State of Missouri, Plaintiff. vs. Michael Dugan, Defendant.**
Indictment for Forgery. Passing Counterfiet money.
Now at this day comes again the Circuit Attorney who prosecutes for the State also comes the defendant in his own proper person in custody of the Sheriff, also comes his Counsel, and also come the Jury sworn and empannelled herein, and thereupon the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid find the defendant not guilty of the charges in said indictment contained. It is therefore considered by the Court that said defendant be
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acquitted, and go hence without day.
**James E. Yeatman, Plaintiff. vs. James A. yeatman, et. al. Defendants.**
On motion of the plaintiff by his Attorney, it is ordered by the Court that Israel P. Thompson be and he is hereby appointed guardian as litem of James A. Yeatman, Angelica C. Yeatman and Charles H. Yeatman infant defendants herein, whereupon said Israel P. Thompson files his consent to act as such guardian ad litem.
**Lounzo P. Sanger, et. al. Plaintiff. vs. The North Missouri Rail Road company, Defendant.**
On motion of the defendant by its attorney until the 1st-day of the next term of this Court is given is to answer herein.
Reuben Beeman, who is personally known to the Court, comes into Open Court and acknowledges the execution by him of three several deeds of emancipation, one to a negro woman named Alice, aged about thirty four years, of a black color; One to a negro girl named Mary, aged about five years, of a light mulatto color, and One to a nigro women named Amanda, aged about thirty two years, of a mulatto color.
**David E. Kitchum, Plaintiff. vs. Rachel C. Ketcham, Defendant.**
Proof of Publication filed.
**Henry W. Billings, Plaintiff. vs. Alexander Narton, Defendant.**
Answer filed.
**John P. Gould, et. al. Plaintiffs. vs. George Trowbridge, et. al. Defendants.**
Answer filed.
**J. B. Alexander, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Motion to strike out Petition filed.
**Henry Von Phul, et. al. Plaintiffs. vs. Robert Stevens Garnishee of Wesley W. Keas, et. al. Defendants.**
Interrogatories filed, Answer of Garnishee filed, and Exceptions to Answer of Garnishee filed.
**William A. Robinson, Plaintiff. vs. Robert Stevens, Defendant.**
Additional Answer filed by leave of Court.
**Charles C. Carroll, Plaintiff. vs. James H. Mc. Cord, Defendant.**
Answer filed.
**Jonathan Jones, Plaintiff. vs. Anton Wiseman, et. al. Defendants.**
On motion of the defendants by their Attorney, one week, additional, time, is given them to Answer herein.
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**Thomas A. Harron, Plaintiff. vs. Frank Feild, Defendant.**
Answer filed.
**Michael Murphy, Plaintiff. vs. Archie Campbell, et. al. Defendants.**
Answer and Off set filed.
**Grand Lodge of Missouri of the Independent Order of Odd Follows, Plaintiff. vs. Giles F. Filley Garnishee of Lysander B. Trafton, Defendant.**
Interrogatories filed.
**Robert C. Thurman, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Demurrer to part of answer filed.
**Robert C. Thurman, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Demurrer to part of answer filed.
**In the matter of the assignment of Frederick W. G. Bolmes,**
Now at this day comes William Jessmer assignee of Frederick W. G. Bolmes, and files his account as such assignee, which is on motion of said assignee by the Court referred to Chester Harding Jr, who is directed to examin and make report upon the same to this Court with all convenient dispatch.
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The Court met pursuant to adjournment, Present as before.
**William W. Dougherty, Plaintiff. vs. William A. Lynch, 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 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 expeneded and have thereof execution.
**Edward James, Plaintiff. vs. Francis Field, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by hsi 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 forty three dollars and ten 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 also his costs and charges herein expended and have thereof execution.
**John M. Myers, Plaintiff. vs. Zadoe A. Rosenthal & W. J. Delano, 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 actions is founded that said defendants are indebted to said plaintiff in the sum of Seven hundred and seventy seven 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.
**Alfred M. Waterman. Plaintiff. vs. John D. Hodges, John Way & Angel S. Myers, 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
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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 thirteen 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.
**Charles Cutter, Plaintiff. vs. Charles W. Stinde & Morris F. C. Stinde, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his attorney and dismisses this suit as to the defendant Movies F. C. Stinde, but the defendant Charles W. Stinde 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 [upon the pleadings and ?] 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 Sixteen hundred and ninety one dollars and twenty 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.
**Luther Fox, Plaintiff. vs. James Stewart, 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 twenty 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 also his costs and charges herein expended and have thereof execution.
**Charles C. Hellmers, Plaintiff. vs. Philip Burg, 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 [upon the pleadings ?] 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 [plaint ?] defendant is indebted to said plaintiff in the sum of Three hundred and ninety two dollars and twenty 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.
**John D. Harrison, Plaintiff. vs. Charles B. Stephenson & Ferdinand W. Stephenson, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his Attorney and dismisses this suit as to the defendant Charles B. Stephenson, but said defendant Ferdinand W. Stephenson 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 actions is founded that said defendant is indebted to said plaintiff in the sum of Two hundred and sixty eight 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 thereof execution.
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**William F. Johnson, Plaintiff. vs. Francis W. Crane, Defendant.**
Answer filed.
**Bernard S. Pratte, Plaintiff. vs. Pierre Brown, Defendant.**
The plaintiff having failed to file allegations & Interrogatories against Oscar Packard who was summoned as garnishee herein, it is on motion of said garnishee by his Attorney, ordered by the Court that he be discharged as such garnishee, and he is allowed the sum of Ten dollars for his trouble and expense in appearing herein, to be taxed as costs in this case.
**Leverett Candee, Plaintiff. vs. Moses B. Cox, George Burnett & William M. Simpson, Defendants.**
Satisfaction.
Now at this day comes said plaintiff by his attorney and acknowledges to have received full and enter satisfaction of the Judgment heretofore undered herein.
**Susan Catharine Heisick, Plaintiff. vs. George Heisick, 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, in the St. Louis Leader, a newspaper printed in the City of St. Louis, 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 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 of 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.
**James Porter and Edward C. White, Plaintiffs. vs. Mathew Shaffner, 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 plaintiffs by their attorney, ordered by the Court that said defendant be notified by the publication according to law of this order in the St. Louis Leader a newspaper printed in the City of St. Louis, that said plaintiffs have instituted suit in the St. Louis Circuit Court, the object of which is to obtain judgment against him for the sum of Three hundred and thirteen dollars and fifty five cents, due upon account for goods sold and delivered by said plaintiffs 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 of 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.
**Benjamin Lithauer, Plaintiff. vs. Marris Raphaelsky, Defendant.**
On motion of the defendant by his Attorney, two weeks time, from date, is given him to file his answer herein.
**Reuben J. Guthridge, Plaintiff. vs. James Gormley, James M. Mc. Fadin & Lafayatte S. Monifee, Defendants.**
Now at this day comes said plaintiff by his attorney, but the defendants James Gormley & James M. Mc. Fadin 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 on further motion of the plaintiff by his Attorney, it is ordered by the Court that an
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Alias Summons issue herein to the Sheriff of Ray County against the defendant Lafayette S. Menifee.
**James M. Mc. Faddin, Plaintiff. vs. John Triplett, et. al. Defendants.**
On motion of the defendants by their Attorney, ten days - time, from date, is given them to answer herein.
**Elijah Sells, Plaintiff. vs. The St. Clair Rail Road and Coal Company, Defendant.**
The plaintiff having failed to file Allegations and Interrogatories against James L. Fitch and Edward M. Morgan who were summoned as garnishees herein, it is, on motion of said garnishees by their Attorney, ordered by the Court that they be discharged as such, and they are allowed the sum of Ten dollars, each, for their trouble and expense in appearing herein, to be taxed as costs in this case.
**Charles S. Hempstead, Plaintiff. vs. Thomas Hempstead's Admr., et. al. Defendants.**
Motion to dismiss filed.
**William F. Lynch, Plaintiff. vs. Jonathan Penrod, Defendant.**
Motion for bill of particulars filed.
**William Sellen, Emos Sellen, Osman Sellen & Ralph Sellen, Plaintiffs. vs. George M. Mueller, 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.
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The Court met pursuant to adjournment, Present as before.
**George Reichard, Plaintiff. vs. Jacob Rosenbaum & Maurice Schuster, Defendants.**
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.
**Christopher. Crone, et. al. Plaintiffs. vs. Thomas A. Pickering, et. al. Defendants.**
On motion of the plaintiffs by their attorney, leave is given them to file an Amended Petition herein, within thirty days from this date.
**Thomas Mathews, Plaintiff. vs. The Chicago, Alson and Saint Louis Rail Road Company, Defendant.**
Proof of Publication filed, and now at this day comes the attorney for the plaintiff and suggests to the Court that since the institution of this suit the said plaintiff has departed this life, and thereupon Elizabeth Mathews Administratrix of said Thomas Mathews, enters her appearance as party plaintiff herein.
**The Bank of the State of Missouri, Plaintiff. vs. Josiah Dent, George J. Barnett, William Hassinger & The Empire Stone Company, Defendants.**
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 Three thousand one hundred and fifty two dollars and eight 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 its costs and charges herein expended and have thereof execution.
**John J. Anderson, Plaintiff. vs. Frederick K Bartold, Henry Bartold. & George Smizer, 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 twenty two dollars and thirty 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.
**George Smizer, Plaintiff. vs. William Fulton & John Largue, 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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from the instrument of writing on which this action is founded that said defendants are indebted to said [defendant ?] plaintiff in the sum of Eight hundred and eighty nine dollars and thirty 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.
**George Smizer, Plaintiff. vs. Friderick M. Colburn & Edward Barry, 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 actions is founded that said defendants are indebted to said plaintiff in the sum of Two hundred and nineteen dollars and eighty 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.
**Patrick Shrughnessey, Plaintiff. vs. Owen Murphy, Defendant.**
The Court having duly heard and considered the motion for security for costs herein and being fully advised of and emeuning the promises doth consider and adjudge that the same be sustained, and that said plaintiff give such security within twenty days from this date.
**William Bond, Plaintiff. vs. Benjamin Stickney, et. al. Defendants.**
Answer filed.
**Christoph Frenz, Plaintiff. vs. Anna M. Frenz, Defendant.**
Motion for Attachment filed.
**Ferdinand H. Bock, Plaintiff. vs. Conrad Ziegler, et. al. Defendants.**
Motion to strike out answer and for judgment filed.
**Joseph D. Mc. Coy, Plaintiff. vs. George W. Willard, Defendant.**
Answer filed.
**Michael Shrughnessy, Plaintiff. vs. Owen Murphy, Defendant.**
Now at this day comes the plaintiff [defendant ?] by his attorney and confesses the demurrer of the defendant to parts of his petition herein, and the Court, having duly heard and considered the motion to strike out parts of the petition herein and being fully advised of and concerning the premises doth consider and adjudge that said motion be sustained. Leave is given the plaintiff to file an Amended Petition herein within ten days from this date.
Rules of Practice of the St. Louis Circuit Court. Adopted October 31st 1856.
Rule 1. All pleadings, motions and other proceedings, intended to be filed, shall be legibly written or printed on paper of the size commonly called foolscap; signed by the party or his Attorney; and no such pleading, motion or proceeding shall be on less than half a sheet.
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Rule II. Pleadings, motions and other papers in a cause, shall be so written or printed as to have the left hand margin blank, for the width of at least one inch, on both sides of the paper, and a like blank space on both sides of one end, for attaching the half sheets to each other; and each pleading or motion shall be on a separate and distinct sheet.
Rule III. All the pleadings to be filed by any party at one time (if on more than half a sheet) shall, before) filing, be attached together in the manner in which transcripts of record are usually made out.
Rule IV. The party filing any pleading or paper, as aforesaid, shall endorse thereon the style and number of the cause, and character of such paper.
Rule V. The Clerk shall attach the pleadings and papers so filed together, in the order in which they are presented, in such manner as to keep of the whole of the pleadings and papers, in each cause, in the form of a roll.
Rule VI. If any pleading or paper, as aforesaid, shall be offered to be filed which is not drawn up in the manner hereby required, the clerk shall refuse to file it; or, if filed, the same may be stricken out, on motion.
Rule VII. When any pleading is [drawn ?] withdrawn, the clerk shall write on the face thereof the word "withdrawn", in plain, legible characters, and shall sign his name thereto.
Rule VIII. Bills of Exception shall be drawn upon the form and manner required in relation to pleadings.
Rule IX. When an extension of time for the filing of any pleading, on motion, shall have been granted by the Court, no further time will be given without consent, unless for good cause, which shall be assigned in writing, and verified by affidavit.
Rule X. Unless otherwise ordered, all further or amended pleadings, under section 40 of article 6th of the Practice Act, shall be filed within ten days.
Rule XI. In all causes, the plaintiff shall file, for the use of the Court, two days before the trial, a brief statement showing what issue or issues of fact are to be tried; and if the plaintiff shall fail to do so, the defendant may at any time before the trial file the same, and the cause shall be tried or continued, in the discretion of the Court.
Rule XII. The Clerk shall, at each term, keep a return docket, in which shall be entered all causes wherein the process is returnable to that term, stating the nature of the action and the process, and the return, if any. He shall enter in the same docket all amicable actions, causes commenced without process, other causes not previously pending, and all confessions of judgment.
Rule XIII. The said Clerk shall keep a law docket, in which shall be entered all causes in which there may be a demurrer to pleadings or evidence, special verdict, case agreed, point reversed, motion or other matter of law, in the order in which they may arise.
Rule XIV. The matters on the law docket shall be heard and determined in the order in which they stand arranged; and if either party fail to appear, he will be deemed to have submitted the matter to the Court without argument; and no postponement or continuance of any argument will in any case be allowed without good cause shown to the Court.
Rule XV. In the argument of motions, demurrers, and other matters of law, arising upon the law docket, fifteen minutes only will be allowed to each counsel; but an extension of time will be allowed, at the discretion of the court, provided application for that purpose be made before the argument shall have been commenced, but not otherwise; and in such case the duration of the argument shall be fixed by the court, within which time the same must be concluded.
Rule XVI. Before application shall be made for an injunction to stay proceedings in this Court, the applicant shall give at least two days notice to the adverse party, or to his known agent or attorney, of his intention to make such application.
Rule XVII. Causes on the trial docket shall be called in the order in which they are set for trial; and shall be tried, continued or dismissed, or otherwise finally disposed of, except, first, causes in which depositions have not been ofened five days before the cause is called for trial, in which case the cause may be continued to the next term, or tried, at the option of the party against whom the depositions are taken; secondly, causes in which an attachment has been issued for a witness, (under circumstances entilling the party to delay, by the rules of the Court,) the trial of which shall be postponed until the return of the attachment.
Rule XVIII. If, when a cause is called for trial, there be a demurrer undisposed of, the same may be determined without delay, or postponed until called in its regular order on the law docket; and the further disposition of the cause shall be at the discretion of the Court.
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Rule XIX. If on the calling of a cause on the trial docket, is shall appear that the same is not ready for [a ?] trial of the facts, by reason that either party has failed to file any pleading, the proper judgment shall be immediately entered against the party in default as to the pleading so unanswered and, if necessary to the determination of the cause, the remaining issue shall be tried.
Rule XX. In a trial of a cause before the Court, but two arguments on each side shall be made; and no argument shall be of longer duration than one hour, unless an extension of the time shall be applied for, and granted by the Court, before the commencement of the argument.
Rule XXI. In all cases where judgment of non pros., or by default, shall be set aside, the costs of the term shall be paid by the party in default, and the other shall have a continuance if he require it.
Rule XXII. Affidavits in support of a motion for continuance, grounded on the absence of testimony, shall state the name of the witness, and his occupation and residence, (if known,) whose testimony is wanted; that his testimony is material in the cause; that no other witness is in attendance, or known to him, whose testimony could have been procured in time, upon which the party can safely rely to prove the particular facts that the absent witness is expected to prove; that the applicant believes that he cannot safely go to trial without the testimony of the absent witness; that he is not absent by the consent, connivance or procurement of the party applicant: and such affidavit shall moreover state the endeavord and me and that have been used for the purpose of procuring said testimony. And if a second application be made by the same party for the continuance of the same cause, grounded on the absence of testimony, the affidavit shall moreover state particularly the facts which the absent witness is expected to prove, with the ground of such expectation; and when a previous continuance has been granted at the cost of said party, that the costs of said previous continuance have been paid.
Rule XXIII. The absence of a witness employed on a steamboat will not be deemed a good cause for a continuance, unless after due diligence it has been impossible to procure his deposition, or his personal attendance be necessary.
Rule XXIV. Motions for continuances, grounded on the absence of testimony, will not be discussed, unless the Court shall otherwise direct.
Rule XXV. So counter affidavit will be admitted on a motion for continuance.
Rule XXVI. Hereafter no cause shall be continued twice in succession by consent of parties, without good cause shown to the court.
Rule XXVII. So cause (the matter in controversy in which shall have been settled between the parties) shall hereafter be left open or continued merely as to the matter of costs, but, when reached and called in its order on the trial docket, the court will direct a non pros.
Rule XXVIII. Affidavits, filed in support of or against any motion, shall not be amended after they are filed; now shall either party, after the time limited for making any motion, now after the motion is called up for argument, be allowed to file additional affidavits.
Rule XXIX. When any process is served on one or more of several defendants, in time for trial at the first term, and not on the rest, the plaintiff shall, within three days after the time for pleading has expired, make his election whether he will try the suit at the first term, as against those duly served, and give notice thereof to said defendants or their attorney; otherwise the suit shall not be triable at that term.
Rule XXX. When any motion of course shall be granted, is shall be the duty of the attorney as king the same, to hand a memorandum thereof to the clerk.
Rule XXXI. When several counsel are employed on the same side, the examination or cross examination of each witness shall be conducted by only one; but counsel may change with each successive witness.
Rule XXXII. All exceptions to depositions, exclusive of those on account of competency and relevancy, shall be considered waived, unless the exception be filed in writing within six days from the commencement of the next term, if the deposition be filed in vacation; and if said deposition be filed in term time, within five days after notice thereof served on the attorney of the opposite party: and if the deposition be not filed within five days before the trial, all such exceptions shall be determined before the jury is sworn, and; when practicable, shall be disposed of on a law day, if one procede the trial of the cause.
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Rule XXXIII. Orders of survey and re-survey shall be executed by the County surveyor, except in cases where he is disqualified, or the parties by an agreement in writing, consent to the appointment of some other person, in which case such person shall be sworn faithfully and impartially to execute the order of the Court.
Rule XXXIV. The surveyor shall give to each party at least ten days' notice of the time and place of commencing the survey: he shall represent on his plat, as nearly as he can, all tracts of land and their boundaries which either party may desire to have located; the different enclosures, claims and pretension of the respective parties; their extent and boundaries, and also monuments and objects deemed necessary to be located by either party; which plat shall be so made out as to represent the locations, boundaries, &c., according to the representations of either party, and according to the surveyor's own opinion of the true lines and locations. All such locations shall be laid down by a scale of not more than twenty chains to the inch, but shall be laid down on a larger scale whenever the quantity in dispute, or other circumstances, shall rend it necessary. Five plats shall be made, (unless some other number be expressly ordered,) and each plat [shall ?] contain explanations of the locations, and shall be returned by the surveyor to the Clerk on or before the [first ?] day of the term at which the cause is to be tried.
Rule XXXV. Whenever any order of survey or re-survey shall be made in any cause, a copy of the foregoing rule shall be made out by the clerk, and shall be delivered to the surveyor, together with the order.
Rule XXXVI. One plat shall be delivered by the clerk to each party; and all objections to plats returned, the order of survey, the execution thereof, or want of notice, and application for re-survey or amendment of the plats, shall be made before the cause is called for trial, and not after.
Rule XXXVII. Claimants of property attached shall interplead therefor within the first fifteen days of the term to which such attachment shall be returnable.
Rule XXXVIII. When garnishees are summoned on fire facias, the cause shall be entered on the return docket of the term at which the fi. fa. is returnable, and the fi. fa. shall be kept in court as the original process in such cause.
Rule XXXIX. Exceptions to and denials of answers of garnishees shall be filed within the first fifteen days of the term.
Rule XL. All issues made on answers of garnishees, and on interpleaders, and pleas in abatement, shall be disposed of, when practicable, at the calling of the cause in its regular place on the docket.
Rule XLI. When a garnishee shall be discharged upon his answer, there shall be allowed him the sum of ten dollars as an indemnity therefor. In all other cases the allowance shall be such as the Court may deem reasonable.
Rule XLII. Any person entitled thereto, may withdraw from the files of this court any bond, bill, note deed, plat of survey, or other instrument in writing, upon which suit may have been instituted, or which may have been filed as an exhibit, on application to the clerk, after the determination of such suit on leaving a copy of the original on file, attested by the clerk.
Rule XLIII. No person is admitted to come within the bar except the parties to the suit before the Court jurers and witnesses (when called), officers of various courts, and such persons as may be invited by the Judge.
Rule XLIV. In addressing the court, the members of the Bar shall stand behind the counsel table, or at their desk.
Rule XLV. No books or papers belonging to the Judge's bench shall be removed therefrom.
Rule XLVI. All persons, except the clerk and sheriff, are prohibited from entering the clerk's desk during the sittings of the court.
Special Rule I. In actions commenced against boats or vessels, the time of filing pleas shall be the same as in ordinary suits at law.
Special Rule II. In all cases (unless otherwise ordered) upon the return of the sheriff, or other officer, of his proceedings, after having made sale of any boat and vessel under the provisions of the act entilled "An act concerning boats and vessels," approved November 29th 1855, thirty days notice shall be given to all creditors having a lien or liens upon any such boat or vessels, requiring such creditors to appear before the court on such day as shall be specified in such notice, and exhibit their demand against such boat or vessel; which notice shall be published in two of the daily newspapers printed and published in the city and county of St. Louis, and which notice shall be substantially as follows:
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Creditors, Notice.
**In the matter of the Steamboat**
In the St. Louis Circuit Court, of the Term. 18.
In pursuance of an order of the St. Louis Circuit Court, publicnotice is hereby given to all creditors having a been against the said stemboat, under the act entitled an act concerning boats or vessels," approved November 29th 1855, that they are hereby required to file with the clock of said court, on the day of next, at the Court House in the city and country of St. Louis, their demand against the said steam boat, and on the succeeding day establish the validity thereof under the provisions of the said act, as which time and place all parties in interest may appear and be heard before said Court.
In testimony whereof, &c.
Special Rule III. Whenever any creditor, having a ben upon any boat or ressel under the provisions of the said act, shall exhibit his demand under the aforesaid notice, the clerk shall file the same, and enter the name of such creditor, properly entitled, against such boat or vessel, upon a special docket therefor, and specify in suchentry the amount and the class to which such demand belongs. All such demand shall be filed one day before the dy filed for the hearing of the claims.
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The Court met pursuant to adjournment, Present as before.
**J. B. Alexander, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Motion to strike out Answer filed.
**Peter Gallagher, Plaintiff. vs. William Taussig, Defendant.**
Answer filed.
**Peter Kessler, Plaintiff. vs. Henry Hühner, Defendant.**
On motion of the defendant by his Attorney, ten days, additional time, is given him to Answer herein.
**Jacob Gross, Plaintiff. vs. Reiner Bulter, Defendant.**
Demurrer to petition filed.
**George W. Loper, Plaintiff. vs. Benjamin Lacy, Defendant.**
Motion for security for costs filed.
**Charles S. Hempstead, Plaintiff. vs. Thomas Hempstead's Admr. &c. Defendants.**
Now at this day come said defendants by their Attorney, and by leave of Court, withdraws the Motion to dismiss filed herein.
**The Atlantic Mutual Insurance Company, Plaintiff. vs. Otto Henkel, Philip Burg & John Schiffmer, Defendants.**
Dismissal.
On motion of the plaintiff by its Attorney, it is ordered by the Court that this suit be dismissed at the costs of said plaintiff and that execution issue therefor.
**Joseph C. Edgar, Plaintiff. vs. Abraham S. Jacobs, et. al. Defendants.**
The Court having duly heard and considered the motion by the Clerk of this Court for security for costs herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained and that said plaintiff give such security within thirty days from this date.
**John B. Henderson, Plaintiff. vs. William Vantilburgh, Defendant.**
The Court having duly heard and considered the motion by the Clerk of this Court for security for costs herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained, and that said plaintiff give such security within ten days from this date.
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**Michael Finnegan, Plaintiff. vs. Addison G. Bragg, Defendant.**
The Court having duly heard and considered the motion by the Clerk of this Court for security for costs herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained and that said plaintiff give such security within ten days from this date.
**Frederick Buschman, Plaintiff. vs. Richard Ivers, et. al. Defendants.**
On motion of the defendants by their Attorney, three days, additional time, is given them to Answere herein.
**James S. Mc. Lain, Plaintiff. vs. Pleasant Devinney, et. al. Defendants.**
Motion to suppress the deposition of Frederick G. Mc. Lain, Margaret Frazier, Jane E. Mc. Lain & Elizabeth J. Luckett, filed.
**David J. Wheeler, Plaintiff. vs. S. B. Bullock, Defendant.**
Answer filed.
**Price, Frost & Co. Plaintiffs. vs. D. J. Wheeler, & Co. Defendants.**
Demurrer by defendant Bullock filed.
**Margaret Gibson, Plaintiff. vs. Robert Gibson, Defendant.**
Answer filed.
**John Knauer, Plaintiff vs. Charles Blank, Defendant.**
Answer filed, motion for security for costs filed.
**John M. Owen, et. al. Plaintiffs. vs. Samuel Jacks, et. al. Defendants.**
Replication to Plea in Abatement filed.
**John M. Blackwell, et. al. Plaintiffs. vs. Samuel Jacks, et. al. Defendants.**
Replication to Plea in Abatement filed.
**John G. Luce, Plaintiff. vs. Lorenzo P. Sanger, et. al. Defendants.**
Demurrer filed.
**Emoch C. Broun, Plaintiff. vs. Lounzo P. Sanger, et. al. Defendants.**
Demurrer filed.
**The State of Missouri, Plaintiff. vs. Charles Helfinger, John Habich, Jacob Besch & Philip Besch, Defendants.**
Indictment for Rioting.
On hearing and considering the application of the defendants herein the Court doth remit to each of the said defendants the sum of Twenty dollars, of the fine imposed upon them on the twenty eighth day of October last past.
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Frederick A Wise, who is personally known to the Court, comes into open Court and acknowledges the execution by him of a Deed of Emansipatin to "George", a mulatto man aged about thirty three years.
The Court met pursuant to adjournment, Present as before.
**State to use James T. Sweringon, et. al. Plaintiffs. vs. Mark Moss, et. al. Defendants.**
Abstract of issues filed.
**Samuel Mc. Cartney, Plaintiff. vs. John B. Shepherd, Defendant.**
Default.
Proof of Publication filed, and now at this day comes said plaintiff by his Attorney, but said defendant although duly notified [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 present term of this Court.
**Catharine Dieterich, Plaintiff. vs. Joseph Dieterich, Defendant.**
Default.
Now at this day comes said plaintiff by her Attorney, but said defendant 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 defendant as confessed.
**Maria Regan, Plaintiff. vs. Bartholomur Regan, 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.
**Albert De Stracke, Plaintiff. vs. Philip Klein, 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 present term of this Court.
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**Pauline Newak, Plaintiff. vs. John Newak, 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.
**Nicholas Franck, Plaintiff. vs. Franz Nassal, 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 present of this Court. Motion to set aside default filed.
**Maria E. Stephan, Plaintiff. vs. Michael Stephan, 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.
**Johann Dütsch, Plaintiff. vs. Margaret Dütsch, Defendant.**
Default.
Now at this day comes said plaintiff by his Attorney, but said defendant althogh 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 S. Mc. Lain, Plaintiff. vs. Pleasant Devinney, et. al. Defendants.**
Now at this day comes the plaintiff by his Attorney, and dismisses this suit as to the defendants J. S. Neal and D. C. Robinson.
**Frederick Buschmann, Plaintiff. vs. Richard Ivers & Joseph Magehan, Defendants.**
Answer of defendant Ivers filed, and now at this day comes said plaintiff by his Attorney, but said defendant Joseph Magehan 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 W. Newton, Plaintiff. vs. John W. Spalding, Defendant.**
The Court having duly heard and considered the Demurrer to the petition herein, and being fully advised of and concerning the premises, doth consider and adjudge that said demurrer be overruled. Leave is given the defendant to answer herein within two days from this date.
**Bernard S. Pratte, Plaintiff. vs. Pierre Brown, Defendant.**
The Court having duly heard and considered the Demurrer to the petition herein, and being fully advised of and concerning the premises doth consider and adjudge that said demurrer be sustained. Leave is given the plaintiff to file an Amended Petition herein within ten days from this date.
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**J. B. Alexander, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
The Court having duly heard and considered the motion to strike out the petition herein, as also the motion to strike out the answer herein, and being fully advised of and concerning the premises, doth consider and adjudge that each of said motions be overruled.
**Samuel Hamill, et. al. Plaintiffs. vs. Frederick Bartold, 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 present term of this Court.
**State to use Richard H. Cole Assignee &c. Plaintiff. vs. George B. Brua, et. al. Defendants.**
The Court having duly heard and considered the demurrer to the petition herein, and being fully advised of and concerning the premises, doth consider and adjudge that said demurrer be sustained as to the third and fourth specifications therein contained, and that said demurrer be overruled as to the first and second specifications therein contained. Leave is given the plaintiff to amend his petition herein within ten days from this date.
**Joseph B. Holland, et. al. Plaintiffs. vs. William Wade, et. al. Defendants.**
The Court having duly heard and considered the demurrer to the petition herein, and being fully advised of and concerning the premises, doth consider and adjudge that said demurrer be sustained as to the second and overruled as to the first specification therein contained. Leave is given said plaintiff to file an Amended Petition herein within ten days from this date.
**William F. Lynch, Plaintiff. vs. Jonathan Penrod, Defendant.**
The Court having duly heard and considered the motion for a bill of particulars herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained, and that said plaintiff furnish the same within six days from this date.
Sheriff's Deed. James Castells 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 Lady of all the right, title, interest, claim, estate and property of James J. Soveringen, as tenant tby the curtesy in right of his wife one of the heirs of William T. Christy, or otherwise, of, in and to one equal undivided one eighteenth (1/18) part of the following tract or parcel of land, to wit: Lot numbered forty one (41) in Block numbered Two hundred and ninety four (294) in Chambers', Christy's and Wright's addition to North St. Louis in the City of St. Louis, 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 May Eighteen hundred and fifty six, in favor of Edmund D. Taylor and against said James T. Sweringen.
**Luther M. Shreve, Plaintiff. vs. Frederick W. Ingle, et. al. Defendants.**
On motion of the defendants by their Attorney, two days, additional time, is given them to Answer herein.
**Constantine Schnerr, Plaintiff. vs. Paul Carlin, Defendant.**
On motion of the defendant by his attorney, two days, additional time, is given him to answer herein.
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**George Rinchart, et. al. Plaintiffs. vs. Conrad Okel, et. al. Defendants.**
On motion of the defendants by their Attorney, two days, additional time, is given them to answer herein.
**William D. Haughtaling, Plaintiff. vs. Sylvester W. Ball, et. al. Defendants.**
Continued as on affidavit at costs of plaintiff.
**Norman Cutter, Plaintiff. vs. M. A. Childress, et. al. Defendants.**
Continued.
**Dred Scott, Plaintiff. vs. Irene Emerson, Defendant.**
Continued.
**Luther C. Clark, Plaintiff. vs. John Maguire, Defendant.**
Continued.
**Ferdinand Kusterstephan, Plaintiff. vs. Joseph Beggs, also Oliver Bennett, William Risley and David T. Wheeler trustees of the Central Presbyterian Church, 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.
**Hatfield Halsted, Plaintiff. vs. Ezra Easterly, Defendant.**
Report of Referee filed.
**Edward S. Chase, et. al. Plaintiffs. vs. Ezra Easterly, Defendant.**
Report of Referee filed.
**Hatfield Halsted, et. al. Plaintiffs. vs. Ezra Easterly, Defendant.**
Report of Referee filed.
**Hatfield Halsted, et. al. Plaintiffs. vs. Ezra Easterly, Defendant.**
Report of Referee filed.
**Theodore Hill, Plaintiff. vs. G. P. Theobald & H. B. Theobald, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his Attorney and dismisses this suit as to the defendant H. B. Theobald, but said defenant G. P. Theobald 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 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.
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**James Syme, et. al. Plaintiffs. vs. The Steam Boat "Indiana" Defendant.**
Answer filed.
**Henry Von Phul, et. al. Plaintiffs. vs. Washington F. Adams, Defendant.**
Answer filed.
**Martin Hobart, Plaintiff. vs. Isaac T. Wise Assignee, Defendant.**
Answer filed.
**Jonathan Jones, Plaintiff. vs. Anson Wisemann, et. al. Defendants.**
Answer of defendant Wisemann filed.
**Elisha Allen, et. al. Plaintiffs. vs. Caroline Brown, et. al. Defendants.**
Answer of Caroline Brown filed.
**George Draper & Eleazor B. Eldridge, Plaintiffs. vs. Robert Henry, 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, plantiffs 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 plaintiffs in the sum of Eighteen hundred and ten 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.
**B. D. Crary, Plaintiff. vs. The St. Clair Rail Road and Coal Company, 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 Fifteen hundred and thirty 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 found and also his costs and charges herein expended and have thereof execution.
**Alexander Turnbull, Edward Slade, & William Turnbull Jr, Plaintiffs. vs. Samuel Jacks, Raphael Keiler, & Adolph Isaacs, 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, and the Court having duly heard and considered the
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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 Two thousand and twenty three 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.
**Charles F. Hoelzle, Plaintiff. vs. William Tenbrock, 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 seven 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.
**George G. Presbury, Plaintiff. vs. Francis A. Hunt, J. Edward Hunt, & Benjamin Slater, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by [th ?] his attorney, and dismisses this suit as to the defendant J. Edward Hunt, but said defendants Francis A. Hunt and Benjamin Slater 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 defendant are indebted to said plaintiff in the sum of Fourteen hundred and sixty four 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 his costs and charges herein expended and have thereof execution.
**George G. Presbury, Plaintiff. vs. Francis A. Hunt, J. Edward Hunt, Benjamin Slater & Robert Scott, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, and dismisses this suit as to the defendant J. Edward Hunt, but said defendants Francis A. Hunt, Benjamin Slater & Robert Scott 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 instruments of writing on which this action is founded that said defendants is indebted to said plaintiff in the sum of Seven hundred and eleven 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 also his costs and charges herein expended and have thereof execution.
**Pierré Chouteau Jr, James Harrison, & Felex Vallé, Plaintiffs. vs. James U. Moore & Joseph Haller, Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their attorney but said defendants although duly [sum ?] 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
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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 Seven hundred and forty seven dollars and sixty seven 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 execution thereof against the property attached herein at the commencement of this suit.
**Pierré Chouteaw Jr. James Harrison & Felix Vallé, Plaintiffs. vs. James U. Moore, Defendant.**
Judgment by default.
Now at this day comes 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 plaintiff in the sum of Six hundred and twenty dollars and sixty 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 also their costs and charges herein expended and have execution thereof against the property attached herein at the commencement of this suit.
**State to use James T. Sovereingen, et. al. Plaintiff. vs. Mark Moss, et. al. Defendants.**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: David Ryan, Jude C. Mansfield, Antoine Giraud, Aarm Schven, John Shepperd, Henry Meyer, James Mc. Gee, John Brandenberg, Peter Wegner, John Conants, Charles Fitch and Charles Kruser, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try the trial of this cause progressed but not being concluded at the hour of adjournment further proceedings herein are continued until Wednesday morning next at nine o'clock.
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The Court met pursuant to adjournment, Present as before.
**Edward James, Plaintiff. vs. Francis Field, Defendant.**
Remittiter.
Now at this day comes the plaintiff by his Attorney and files a Remittiter of Two hundred and two dollars and ten cents of the Judgment rendered herein on the thirtieth day of October last.
**Henry Benning, Plaintiff. vs. Emenie H. Benning, Defendant.**
Affidavit of N. Mc. Donald filed.
**Mark Brunagen, et. al. Plaintiffs. vs. Daniel D. Page, et. al. Defendants.**
Argument of Counsel filed.
**Louis A. Benoist, et. al. Plaintiffs. vs. Lydia M. Rector, et. al. Defendants.**
Answer of Mary Garnier filed.
**John A. Brownlee, Thomas J. Homer, George C. Reed, & David Brownlee, Plaintiffs. vs. William H. Hooper & Thomas S. Williams, 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, 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, in the Missouri Republican, a newspaper printed in the City of St. Louis, that said plaintiffs have instituted suit against them in the St. Louis Circuit Court, the object of which is to recover judgment against them for the sum of Three thousand five hundred and seventy dollars and fifty two cents, due upon a Note executed to said plaintiffs by said defendants on the twenty fifth day of June Eighteen hundred and fifty five, payable eight months after date, and that their property has been attached, 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 third day of said term answer the petition of said plaintiffs the same will be taken against them as confessed, judgment undered against them and their property sold to satisfy the same.
**Joseph Charless, Tayler Blow & William T. Blow, Plaintiffs. vs. William H. Hooper & Thomas S. Williams, 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, 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, in the Missouri Republican, a newspaper printed in the City of St. Louis, 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 Fifteen hundred and thirty dollars, and eighty four cents, due upon a Note executed to said plaintiffs by said defendants on the fifteenth day of June Eighteen hundred and fifty five, payable four months after date, and that their property has been attached, 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
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on or before the third day of said term answer the petition of said plaintiffs the same will be taken against [aa ?] them as confessed, judgment undered against them and their property sold to satisfy the same.
**William M. Morrison & Rufus J. Lackland, Plaintiffs. vs. Platt R. Greene, James K. Burtis & Thomas W. Alexander, 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, 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, in the Missouri Republican, a newspaper printed in the City of St. Louis, 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 nine thousand four hundred and sixty three dollars and fifty cents, due upon three notes executed to said plaintiffs by said defendants, one dated twenty fifth March Eighteen hundred and fifty six, payable ninety days after date; one dated twenty fifth March Eighteen hundred and fifty six, payable one hundred days after date, and one dated eleventh April Eighteen hundred and fifty six, payable, seventy five days after date, and that their property has been attached, 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 third day of said term answer 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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The Court met pursuant to adjournment, Present as before.
**William F. Smith, Plaintiff. vs. Francis Mc. Faul, Defendant.**
Answer filed.
**Frederika W. Riepe, Plaintiff. vs. Gotilieb Riepe, 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.
**Thomas Mathew's Administratrix, Plaintiff. vs. The Chicago, Alson & St. Louis Rail Road Company, 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 do confessed, and that enquiry of damages be had herein during the present term of this Court.
**Eliza S. White, Plaintiff. vs. Henry White, 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.
**Simon O'Connell, Plaintiff. vs. William Grumley, Defendant.**
Judgment by default.
Now at this day comes said plaintiff by his Attorney, but said defendant although duly [summoned ?] notified and called, comes not but makes default, Wherefore on motion of said plaintiff by his Attorney, [bu ?] 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 sixty eight dollars and thirty five cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the sum aforesaid on former aforesaid as found and also his costs and charges herein expended and have thereof execution against the property attached herein at the commencement of this suit.
**Thomas L. Salisbury, Plaintiff. vs. Edward Wyman, et. al. Defendants.**
Answer of defendant Kellogg filed.
**James Porter, et. al. Plaintiffs. vs. Mathew Shaffner, Defendant.**
On motion of the plaintiffs by their Attorney, ten days time, from date, is given them to file Interrogatories against the Garnishees summoned herein.
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**Louis A. Benoist, et. al. Plaintiffs. vs. Lydia M. Rector, et. al. Defendants.**
Now at this day come said plaintiffs by their Attorney, but said defendants Lydia M. Rector, Ellen Lee Rappenick, Leontine Lee, Gustave S. Roussean & Emily Rousseau, 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 plaintiff be taken against said defendants as confessed.
**State to use James J. Sweringen, et. al. Plaintiff. vs. Mark Moss, 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.
**James J. Soveringen, et. al. Plaintiffs. vs. Howard F. Christy, et. al. Defendants.**
On motion of the plaintiffs by their Attorney, the Court appoints Benjamin Farrar Guardian ad litem of William T. Wright an infant defendant herein, and doth Order that he give Bond in the sum of Five hundred dollars as such guardian ad litem.
**Robert Patterson, et. al. Plaintiffs. vs. John B. Camden, Defendant.**
Continued.
**Julia Moriss, Plaintiff. vs. James K. Philiber, Defendant.**
Continued by consent.
**The Bank of the State of Missouri, Plaintiff. vs. Loring Pickering, et. al. Defendants.**
Continued.
**Thomas Webster, Plaintiff. vs. William Anderson, et. al. Defendants.**
Continued.
**Isaac T. Greene, Plaintiff. vs. Dennis Marks, et. al. Defendants.**
Continued by consent.
**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.
**Peter Brooks, Plaintiff. vs. Jacob Henn, et. al. Defendants.**
Continued by consent.
**Patrick German, Plaintiff. vs. Stephen Finn, et. al. Defendants.**
Continued.
**Samuel Wainwright, Plaintiff. vs. Richard Rowland, et. al. Defendants.**
Continued.
Nelson Jindall and Nathan S. Rannells, two creditable witnesses, come into Open Court, and prove to the satisfaction of the Court, the execution by Mary Jindall of a Deed of Emancipation to a negro man called Alvin A. Coffery, a bright mulatto, aged thirty two years, heavy set, grey eyes, a full head of hair, about five feet nine inches in height.
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The Court adjourned until nine o'clock to-morrow morning.
The Court met pursuant to adjournment, Present as before.
**The State of Missouri who sues to the use and at the relation of James T. Severingen & Edward Bredell, Plaintiff. vs. Mark Moss, Thomas Moss, Benjamin Johnstone & Andrew Fight, 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 said defendants. It is therefore considered and adjudged by the Court that said plaintiff take nothing by its said suit in this behalf expended but that said defendants go thereof without day and recover of said plaintiff their costs and charges herein expended and have thereof execution. Motion for new trial filed.
**Francis Otto Stephan, Plaintiff. vs. Amorie Louise Stephan, 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.
**Conetantine Schnerr, Plaintiff. vs. Paul Carlin, Defendant.**
Answer filed.
**Luther M. Shrove, Plaintiff. vs. Frederick W. Ingle, et. al. Defendants.**
Demurrer filed.
**Grand Lodge of Independent Order of Odd Fellows of the State of Missouri, Plaintiff. vs. Lysander B. Trafson, et. al. Defendants.**
Now at this day comes said plaintiff by its Attorney and dimisses this suit as to the defendants Benjamin F. Jennings & Wilson Duley, but the defendant Lysander B. Trafson although duly smmoned 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 that enquiry of damages be had herein during the present term of this Court.
**Charlotte Smith, Plaintiff. vs. William Smith, 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.
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**David M. Shapley, Plaintiff. vs. The Steam Boat "Henry Lewis", 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 tht the petition of said plaintiff be taken against said defendant as confessed and that enquiry of damages be had herein during the present term of this Court.
**David E. Ketchum, Plaintiff. vs. Rachel C. Ketchum, 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.
**Joachim Binghardt, Plaintiff. vs. Gertrude Burghardt, 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.
**Louis A. Benirst, et. al. Plaintiffs. vs. Lydia M. Recton, et. al. Defendants.**
Answer of Oscar Lee, by guardian ad litem, filed.
**Linus Jackson, Plaintiff. vs. Hermann Kallman, et. al. Defendants.**
Answer of defendants Boeckler & Schulenberg filed.
**Catharine Dieterich, Plaintiff. vs. Joseph Dieterich, 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.
**Farmer's & Merchant's Bank of Momphis, Plaintiff. vs. Grace Lonergan Admrx. of Kennedy Lonergan, Defendant.**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury, viz: David Ryan, Jude C. Mansfield, Antoine Giraud, Aaron Schven, John Shepperd, Henry Meyer, James Mc. Gee, John Brandenburg, Peter Wegner, John Conants, Charles Fitch and Charles Kruser, twelve good and lawful men, who being duly tried, elected and sevorn the issues herein joined well and truly to try, the trial of this cause progressed but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
**George W. Loper, Plaintiff. vs. Benjamin Lacy, Defendant.**
Answer filed.
**Hudson B. Parvell, Plaintiff. vs. Michael Buckley, Defendant.**
Continued.
**George W. Cable, et. al. Plaintiffs. vs. William C. Marsin, et. al. Defendants.**
Continued by Consent.
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**Eliza M. Perry, et. al. Plaintiffs. vs. Mason Frissell, et. al. Defendants.**
Continued.
**David Woodman, Plaintiff. vs. The Illinois Coal Company, Defendant.**
Continued.
**Jacob Fackler, Plaintiff. vs. Henry Fackler's Admr. Defendant.**
Continued by consent.
**John Riggin, Plaintiff. vs. Andrew J. Crons, et. al. Defendants.**
Continued by consent.
**Charles Meyer, Andreas Krug & Frederick Meister, Plaintiffs. vs. John Maeder, 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 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 Two hundred and eighty seven 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 also their costs and charges herein expended and have thereof execution.
**Henry Westherrmann Administrator de bonis non of the estate of Henry Mersen, deceased, Plaintiff. vs. George Schade, John George Steininger and Frederick Schneider, Defendants.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, [bu ?] and dismisses this suit as to the defendant Frederick Schneider, but said defendants George Schade & John George Steininger 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 takena gainst 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 forty seven dollars and fifteen 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 T. Suveringen, et. al., Plaintiffs. vs. Howard F. Christy, et. al. Defendants.**
Acceptance by Benjamin Farrar. of appointment as Guardian ad litem of William T. Wright, filed. Bond of Benjamin Farrar as Guardian ad litem of William T. Wright, filed and approved by the Court. Appearance and Answer of William T. Wright by his Guardian ad litem filed. Answer of Emma F. Wright filed.
**James T. Suveringen, et. al. Plaintiffs. vs. Howard F. Christy, et. al. Defendants.**
And now at this day come the parties in this action, William T. Wright the infant and only child of William F. Wright deceased appearing by his Guardian ad litem Benjamin Farrar, and Emma F. Wright widow of said William F. Wright by her attorney, and the remaining parties by their respective attorneys, and submit this matter to the Court, and
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the Court having fully heard and considered the same and being fully advised of and concerning the premises, and it being showen and proven to the Court that William F. Wright died intestate and leaving as his sole heir the said William T. Wright, the Court does order, adjudge and decree that the judgment heretofore underedstand valid and effectual against said Wiliam T. Wright, the Heir, and Emma F. Wright, the widow, of said William T. Wright, and does declare & find that said William T. Wright is invested with the interest of William F. Wright deceased in and to the lots below described and unsold, and that Emma F. Wright has dower therein. And the Court doesfurther order that the two lots heretofore ordered to be sold bying in the addition to the City of St. Louis made by William Christy in the year Eighteen hundred and thirty six, namely lot number Eighteen in block number one and lot number Eleven block number Two, be sold by the Sheriff of the County of St. Louis according to law upon these terms, One third cash, 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 trust upon the property sold.
The Court met pursuant to adjournment, Present as before.
**Jacob Gross, Plaintiff. vs. Reiner Bueter, Defendant.**
Answer filed.
**William Lingo, Plaintiff. vs. George W. Hanna, 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.
**Francis Saler, Plaintiff. vs. Frederick Man, 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 present term of this Court.
**Richard Bouché, Plaintiff. vs. Peter B. Garesché Administrator of Unknown Man B. Defendant.**
Appeal.
Transcript filed, and on motion and by consent of the parties herein, it is ordered by the Court that this case be placed on the Return Docket of the present term of this Court.
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**Arthur Kempland, et. al. Plaintiffs. vs. Leroy Kingsland, et. al. Defendants.**
Commissioner's Report filed.
**Mary A. Banker, Plaintiff. vs. William W. Banker, 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.
**Susan Bell, Plaintiff. vs. William Bell, 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.
**Francis Charleson, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
Motion by Plaintiffs for rule against Francis A. Hunt Interpleader, for security for costs filed.
**Edward V. Bryan, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
Motion by Plaintiffs for rule against Francis A. Hunt Interpleader, for security for costs filed.
**Farmer's & Merchant's Bank of Memphis, Plaintiff. vs. Grace Lonergan Admrx. of Kennedy Lonergan, 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 adjournment further proceedings herein are continued until to-morrow morning at nine o'clock.
**Lewis V. Bogy, Eugene Milsenberger & William Poaeterer, Plaintiffs. vs. Francis A. Hunt, Joel E. Hunt & Benjamin Slater, Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their Attorney and dismiss this suit as to the defendant Joel E. Hunt; but said defendants Francis A. Hunt & Benjamin Slater 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 and 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 Ten hundred and eighty eight dollars and thirty 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.
**John R. Morson & Calvin W. Thomas, Plaintiffs. vs. James J. Sylvester & William H. Kidd, Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their Attorney [and dis ?] but said defendants although duly summoned and called, come not but make default,
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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 fourteen dollars and sixty 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.
**Frederick B. Chamberlain & Levi Churchill partners, and William W. Singleton, Plaintiffs. vs. J. S. Morgan & William H. Reed, 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 plaintiffs and that execution issue therefor.
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The Court met pursuant to adjournment, Present as before.
**Phils C. Calhoren, et. al. Plaintiffs. vs Edmund Tanner, Defendant.**
On motion of the plaintiff by their attorney, it is ordered by the court that an alias summons issues herein returnable to the next term of this court.
**Reese Reese, Plaintiff. vs. John Chilton, 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 an 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 present term of this court.
**Farmers' & Merchants' Bank of Memphis, Plaintiff. vs. Grace Lonergan Administrative of Kennedy Lonergan deceased, 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 therefore the trial of this cause progressed and being included the Jury aforesaid upon their oaths aforesaid find the issues herein joined in favor of said defendant. 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 her costs and charges herein expended and have thereof execution.
**James M. Mc. Fadin, Plaintiff. vs. John Triplett, et. al. Defendants.**
Affidavit for further extension of time to answer filed, and the Court having duly heard and considered the same doth grant said defendants six days further time to answer herein.
**Michael Murphy, Plaintiff. vs. Archie Campbell, et. al. Defendants.**
Plaintiffs' Reply filed.
**Grand Lodge Independent Order Odd Fellows of the State of Missouri, Plaintiff. vs. Benjamin F Jennings, et. al. Garnishees of Lysander B. Trafson, Defendant.**
On motion of said Garnishees by their Attorneys, ten days further time is given them to answer the Interrogatories filed herein.
**William Nulla, Plaintiff. vs. Charles W. Horn Garnishee of Adolph Nulla, Defendant.**
Answer of Garnishee filed.
**Herman H. Nulla, Plaintiff. vs. Charles W. Horn garnishee of Adolph Nulla, Defendant.**
Answer of Garnishee filed.
[Herman ?]
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**Joseph Heil, Plaintiff. vs. Charles W. Horn garnishee of Adolph Nulla, Defendant.**
Answer of garnishee filed.
**Bernard S. Pratte, Plaintiff. vs. Pierre Brown, Defendant.**
Amended Petition filed.
**William C. Wells, Plaintiff. vs. Joseph Rowe garnishee of Nelson Blodgeth, Defendant.**
Continued by consent.
**John B. Henderson, Plaintiff. vs. William Vantilbough, Defendant.**
Abstract of issues filed.
**Arthur Kempland and Ellen Kempland, Plaintiffs. vs. Leroy Kingsland, George Kingsland, Philip Kingsland, Catharine J. Kingsland, Mary A. Kingsland, Lawrence Kingsland, and Sarah Kingsland, Defendants.**
Dismissal.
On motion of the plaintiffs by their Attorney, it is ordered by the court that this cause be dismissed, without prejudice to any right or claim the plaintiffs may have, as the costs of said plaintiffs and that execution issue therefore. And the court allows Samuel A Holmes Esquire the sum of Seventy six dollars, for this services as commissioner herein, to be taxed as costs herein.
**Sanguinette K. Bennist & Patrick H. Donnelly, Plaintiffs. vs. George De Baun Jr, Thomas E. Courtenay & Daniel Emerson, Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their Attorney and dismiss this suit as to the defendant Daniel Emerson, but said defendants George De Baun Jr. and Thomas E. Courtenay 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 Ten hundred and ninety one dollars and eighty 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.
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The Court met pursuant to adjournment, Present as before.
**Charles Jeffars, Plaintiff. vs. William Granston, et. al. Defendants.**
Answer of Anthony Tierman filed.
**Mary B. Letcher, Plaintiff. vs. William B. Letcher, Defendant.**
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.
**Albert De Stracke, Plaintiff. vs. Philip Klein, Defendant.**
On motion and by written consent of Counsel filed herein, it is ordered by the Court that the default heretofore entered herein be and the same is hereby set aside.
**In the matter of Bryan Mullanphy.**
Continued.
**John W. Greene, Plaintiff. vs. Ellen Dickson, Defendant.**
Continued by consent.
**William T. Smith, Plaintiff. vs. Joseph Mogridge, et. al. Defendants.**
Continued by consent.
**Petreise Thevenin, Plaintiff. vs. Henry I. Grave, Defendant.**
Continued by consent.
**Robert Peyinghaus, Plaintiff. vs. James Conran, Defendant.**
On motion and by consent of the parties herein, it is ordered by the Court that this cause be referred to Thomas L. Snead Esquire to try the issues herein joined, who will make report of his proceedings herein to this Court with all convenient speed.
**Frederick Shelley, Plaintiff. vs. Andrew Mc. Michan, J. Y. Black and J. W. Frakes, Defendants.**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury, viz: Dennis Galvin, Thomas R. Pullis, Conrad Bischoff, Charles Balmer, Samuel Hale, Michael Douney, F. W. Engle, H. H. Ainswarth, Herman Schroeder, C. Genzleman, Peter Mc. Nuff & Andrew Schraeder twelve good and lawful men, who being duly elected, tried and sevorn well and truly to try the issues herein joined, the trial of this cause progressed, when the plaintiff by his attorney says he will not further prosecut
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his said suit in this behalf but voluntary suffers 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 defendants go thereof without day and recover of said plaintiff their costs and charges herein expended and have thereof execution. Leave is given the plaintiff to move to set aside the now suit herein.
**John B. Henderson, Plaintiff. vs. William Vantilburgh, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury, viz: Dennis Galvin, Thomas R. Pullis, Conrad Bischoff, Charles Balmer, Samuel Hale, Michael Downey, F. W. Engle, H. H. Ainsworth, Herman Schroeder, C. Gonzleman, Peter Mc. Nuff, & Andrew Schraeder, twelve good and lawful men, who being duly elected, tried and sworn, the issues herein joined well and truly to try, the trial of this cause progressed and being concluded, the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Eighteen hundred and twenty dollars and sixty seven 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.
**State to use Richard H. Cole Assignee &c. Plaintiff. vs. George B. Brua, et. al. Defendants.**
Amended Petition filed.
**Robert C. Thurman, Plaintiff. vs. 181 Daniel D. Page, et. al. Defendants.**
Now at this day comes the plaintiff by his attorney and by leave of Court withdraws his motion to strike out part of the Answer filed herein - Motion to strike out part of answer filed.
**Robert C. Thurman, Plaintiff. vs. 182 Daniel D. Page, et. al. Defendants.**
Now at this day comes the plaintiff by his attorney, and by leave of Court withdraws his Demurrer to part of the answer filed herein. Motion to strike out part of answer filed.
**Samuel Welser, Plaintiff. vs. Elizabeth Welser, 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.
**Peter B. Garesché Administrator of William Penn, deceased, Plaintiff. vs. Samuel B. Peikington, 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 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.
**George G. Gleason & Wilson C. Baker, Plaintiffs. vs. Thomas P. Adams, 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 plaintiffs and that execution issue therefor.
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The Court met pursuant to adjournment, Present as before.
**Frederick Shelley, Plaintiff. vs. Andrew Mc. Mechan, et. al. Defendants.**
Motion to set aside non suit filed.
**George Myers, Plaintiff. vs. Frederick Norcum, 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 plaintiff has sustained, by reason of the premises set out in his petition, damage in the sum of One dollar. 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. Mc. [Keager ?], Plaintiff. vs. William Wible, Defendant.**
Abstract of pleadings filed.
**Farmer's & Merchant's Bank of Memphis, Plaintiff. vs. Kennedy Lonergan's admr Defendant.**
Motion for new trial filed.
**Jeremiah Cronin, Plaintiff. vs. Adela H. Douthett, Defendant.**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: Dennis Galvin, Thomas R. Pullis, Cornad Bischeff, Charles Balmer, Samuel Hale, Michael Downey, F. W. Engle, H. H. Ainsworth, Herman Schireder, C. Gonzleman, Peter Mc. Neff, & Andrew Schraeder, twelve good and lawful men, who being duly elected, treed and sworn the issues herein joined well and truly to try, the trial of this cause progressed, when the plaintiff by his attorney 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 her costs and charges herein expended and have thereof executions. Leave is given the plaintiff to file a motion to set aside the now suit herein. Motion to set aside now suit filed.
**Patrick Shrenghnessey, Plaintiff. vs. Oeven Murphy, Defendant.**
Answer filed, and two days given defendant to file Exhibit in said Answer mentioned.
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Thomas S. Bryant United States Marshall for the District of Missouri, comes into open Court and acknowledges the execution by him as Marshall as aforesaid of a deed to Louis G. Picos, of all the right, title, interest and claim of John D. Wilson administrater de comes non of Thomas Hempstead deceased, and Charles S. Hempstead of in and to the following mentioned parcels of ground situate in the City of St. Louis, to wit: All these parts and parcels of ground in blocks numbered 142, 144, 145, 251, 257, 262, and 263 of said City situate and being north and northward of the north line of United States, Survey number 1252. Also all that part of block No. 268 of said City which is situate North of said line of survey and East of an alley in said block, and also that parcel of ground situate in said City and in the eastern and of said United States Survey No. 1252 and bounded North by U.S. Survey No. 1259, South by U.S. Survey No. 1272, East by Brvadway and West by a line five Arpens westward of said Brvadway.
**Emily Robinson, Plaintiff. vs. William C. Robinson, Defendant.**
Default.
Proof of Publication filed, and now at this day comes said plaintiff by her Attorney but said defendant although duly [summoned ?] 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.
**State to use Richard H. Cole assignee &c - Plaintiff. vs. George B. Brual, et. al. Defendants.**
Answer filed.
**Daniel Blodgett, Plaintiff. vs. Isaac J. Greene, Defendant.**
Continued on affidavit at costs of defendant.
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> Handwritten Page Number on Record Book: 50
The Court met pursuant to adjournment, Present as before.
**Francis Charleson, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
On Interpleader of F. A. Hunt.
The Court having duly heard and considered the motion [the ?] of said plaintiffs for a rule against Francis A. Hunt the Interpleader herein for security for costs in said Interpleader case, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained and that said Interpleader give such security within two days from this date.
**Edward V. Bryan, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
On Interpleader of F. A. Hunt.
The Court having duly heard and considered the motion of said plaintiffs for a rule against Francis A. Hunt the Interpleader herein for security for costs in said Interpleader case, and being fully advised of and concerning the premises doth consider and adjudge that said motion be sustained and that said Interpleader give such security within two days from this date.
**William F. Morgan, Plaintiff. vs. Adam Doering, Defendant.**
Continued by consent.
**Louis G. Picot, Plaintiff. vs. Henry P. Wartman, et. al. Defendants.**
Continued.
**William Milburn, et. al. Comrs, Plaintiffs. vs. Thomas C. Reynolds, Defendant.**
Continued by consent.
**Henry Boernstien, et. al. Plaintiffs. vs. Simon Eimer, Defendant.**
Continued by consent.
**Charles G. Granston, Plaintiff. vs. Ferdinand Stange, et. al. Defendants.**
Continued by Consent.
**Lawrence Myers, et. al. Plaintiffs. vs. William Monroe, Defendant.**
Continued by consent.
**Hatfield Halsted, Plaintiff. vs. Ezra Easterly, Defendant.**
Judgment.
Now at this day comes said plainitff by his Attorney and moves the Court to confirm the Report of the Referee herein and for judgment thereon, and the Court having duly heard and considered the same and being satisfied that said Report is just and correct and no [confirm ?] objection being made to the confirmation thereof, doth consider and adjudge that said Report be and the same is hereby confirmed, and doth find from said Report that said defendant is indebted to said plaintiff in the sum of Eleven hundred and seventy 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 inform aforesaid as found and also his costs and charges herein expended and have thereof execution.
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**Edward S. Chase & Hatfield Halsted late partners under the name of E. Chase & Co. who sue to the use of Hatfuid Halsted, Plaintiffs. vs Ezea Easterly, Defendant.**
Judgment.
Now at this day come said plaintiffs by their attorney and move the Court to confirm the Report of the Referee herein and for judgment therein and the court having duly heard and considered the same and being satisfied that said Report is just and correct, and no objection being made to the confirmation thereof, doth consider and adjudge that said Report be and the same is here by confirmed, and doth find from said Report that said defendant is indebted to said plaintiff in the sum of One hundred and twenty three dollars and sixty four 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.
**Hatfield Halsted & Ezra Taylor late partners in trade under the name and style of Comstrck & Co. suring to the use of Hatfield Halsted, Plaintiffs. vs. Ezra Easterly, Defendant.**
Judgment.
Now at this day come said plaintiffs by their attorney and move the court to confirm the Report of the Referee herein and for judgment therein, and the court having, duly heard and considered the same, and being satisfied that said Report is just and correct, and no objection being made to the confirmation thereof, doth consider and adjudge that said Report be and the same is hereby confirmed, and doth find from said Report that said defendant is indebted to said plaintiffs in the sum of Four hundred and ten dollars and thirty three cents. It is therefore considered and adjudged by the cost that said plaintiff recover of said defendant the sum aforesaid in form aforesaid and also their costs and charges herein expended and have thereof execution.
**Hatfuid Halsted, Egra Chase & Edward S. Chase late partners to use of Hatfuid Halsted, Plaintiffs. vs. Ezra Easterly, Defendant.**
Judgment.
Now at this day come said plaintiffs by their attorney and move the Court to confirm the Report of the Referee herein and for judgments thereon, and the court having duly heard and considered this same and being satisfied that said Report is suit and correct, and no objection being made to the confirmation thereof, doth consider and adjudge that said report be and the same is hereby confirmed and doth find from said Report that said defendant is indebted to said plaintiffs in the sum of Two hundred and seventy four dollars and eighteen 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.
**William Mc. Namee, plaintiff. vs. Leicester Babcock, Administrator of William Doyle, decease, Defendant.**
Appeal.
The appellant having failed to prosecute his appeal in the above untilled cause according to law, now on motion of appellee Leicester Babcock, Administrator of William Doyle, deceased, who presents here to the court an exemplified transcript 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.
**Michael Shrughnessey, Plaintiff. vs Owen Murphy, Defendant.**
The Demurrer of the defendant to the petition of the plaintiff, having been heretofore by said plaintiff confessed, and the plaintiff having failed to file an Amended Petition herein within the time allowed him so to do. It is therefore, on motion of said defendant by his attorney, 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.
**Charles Tourville, Plaintiff. vs. Anthyme L. Roland & John G. Lehman, 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 therefore.
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**William A. Clendenin Owner of Steamer Bunker Hill No. 3. Plaintiff. vs. Levi Churchill, 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.
**Mary of Color otherwised called Mary Davis, Plaintiff. vs. Samuel B. Billis, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and waiving a Jury submit this cause to the Court, and it being shown to the Court here, that said plaintiff has complied with the terms of the stipulation of the defendant, on file herein. It is therefore, on motion of said plaintiff by her Attorney, the defendant consenting thereto, considered and adjudged by the Court that said plaintiff be liberated and entirely set free from the said defendant, and from all persons whatsoever, if any, claiming under him by title derived after the commencement of this suit, and that the said plaintiff pay the costs of this said and that execution issue therefor.
**Henry Ashbrook Jr, Plaintiff. vs. O. H. Pratt, 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.
**Peter Sue, Plaintiff. vs. The Pacific Rail Road, Defendant.**
Dismissal.
The Plaintiff having failed to give security for costs herein, within the time he was ordered so to do, it is therefore, on motion of said defendant by its Attorney, ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
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The Court met pursuant to adjournment, Present as before.
**James Porter, et. al. Plaintiffs. vs. The Globe Mutual Insurance Company, et. al. Garnishees of Mathew Shaffner, Defendant.**
Allegations & Interrogatories filed.
**William H. Anderson, et. al. Plaintiffs. vs. James S. Chew Garnishee, Defendant.**
Motion and Affidavit to set aside default filed.
**Bernard S. Pratte, Plaintiff. vs. Pierre Broun, Defendant.**
Answer filed.
**Enoch C. Broun, Plaintiff. vs. Lounzo P. Sanger, et. al. Defendants.**
Motion to dismiss filed.
**John G. Luce, Plaintiff. vs. Lounzo P. Sanger, et. al. Defendants.**
Motion to dismiss filed.
**Johnson P. Lee, Ulysses B. Browster & Henry B. Hall, Plaintiffs. vs. Abel O. French, 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.
**Hatfield Halstead, Plaintiff. vs. Ezra Easterly, Defendant.**
Motion to set aside Judgment filed.
**Edward S. Chase, et. al. Plaintiffs. vs. Ezra Easterly, Defendant.**
Motion to set aside Judgment filed.
**Hatfield Halsted, et. al. Plaintiffs. vs. Ezra Easterly, Defendant.**
Motion to set aside Judgment filed.
**Hatfield Halsted, et. al. Plaintiffs. vs. Ezra Easterly, Defendant.**
Motion to set aside Judgment filed.
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**Albert De Stracke, Plaintiff. vs. Philip Klein, Defendant.**
Domurrer filed: Motion for security for costs filed.
**Samuel Rodgers, et. al. Plaintiffs. vs. Francis Watkins, Defendant.**
Continued as on affidavit at costs of defendant.
**George W. Fuller, Plaintiff. vs. David Rees, Defendant.**
Continued at costs of plaintiff.
**Daniel D. Page, et. al. Plaintiffs. vs. Dominick J. Childs, et. al. Defendants.**
It appearing to the Court that Francis A. Manter, Referee herein, has failed to act as such, it is, on motion and by consent of the parties herein, ordered by the Court that he be discharged as such, and that this cause be referred to Chester Harding Jr, to take and State an account between the parties herein, who will make report of his proceedings herein to this Court with all convenient speed.
**William Lottimer, et. al. Plaintiffs. vs. Francis A. Hunt Garnishee of Edward St. Michel, Defendant.**
Continued.
**Edward Bredell, et. al. In Partition**
Continued.
**Patrick Yore, et. al. Plaintiffs. vs. The Steam Boat "C. Bealer," Defendant.**
Now at this day come the parties aforesaid by their respective Attorneys and thereupon come also a Jury, viz: Dennis Galvin, Thomas R. Pullis, Conrad Bischoff, Charles Balmer, Samuel Hale, Michael Downey, F. W. Engle, H. H. Ainsworth Herman Schroeder, C. Gonzleman, Peter Mc. Neff & Andrew Schraeder, twelve good and lawful men, who being duly elected, tried and sevorn, 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.
**Isaac M. Taylor & Edwin R. Mason, Plaintiffs. vs. George W. Cass, William B. Dinsmore, Alvin Adams, Samuel M. Shoemaker & Edward S. Sandford, Defendants.**
Judgment.
Now at this day come said plaintiffs by their Attorney but said defendants although duly notified and called, comenot 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 plaintiffs have sustained damage by reason of the promises set out in their petition in the sum of Twenty one hundred and forty four dollars and thirty three cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the damages aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution against the property attached under the writ of Attachment herein.
**Isaac W. Taylor & Edwin R. Mason, Plaintiffs. vs. E. W. Clark & Brothers, Garnishees of George W. Cass, William B. Dinsmore, Alvin Adams, Samuel M. Shoemaker, & Edward S. Sandford, Defendants.**
Judgment.
Now at this day come the said plaintiffs, as also Edward Chase One of the Garnishees herein, by their respective Attorneys and waiving a Jury submit this cause to the Court upon the pleadings, and proofsand the Court having duly heard and considered the same, doth find from such proofs the issues herein joined in favor of the plaintiff and doth further, from the Answer of said Edward Chase, find that at the time of the service of the garnishment herein said Garnishees were indebted to said defendants in the sum of Twenty two
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> Handwritten Page Number on Record Book: 55
hundred dollars. It is therefore considered and adjudged by the Court that said plaintiffs recover of said Garnishee Edward Chase the sum of Twenty one hundred and forty four dollars and thirty three cents, being the amount of the judgment of said plaintiffs against said defendants, and also their costs and charges in this, as well as the original suit expended and have thereof execution. And the Court allows said Garnishee The sum of Twenty dollars for his trouble and expense in appearing herein, to be by him retrined out of the remaing fund of said defendants in his hands.
The Court met pursuant to adjournment, Present as before.
**James M. Mc. Fadin, Plaintiff. vs. John Triplett, et. al. Defendants.**
Seperate Answers of defendants filed.
**Reese Reese, Plaintiff. vs. John Chilton, Defendant.**
On motion and by consent of the parties herein, it is ordered by the Court that the default heretofore entered herein be and the same is hereby set aside and for naught held. Answer filed.
**Joseph S. Hull, Plaintiff. vs. James M. Lyon, et. al. Defendants.**
Change of Venue.
Transcript filed, and by consent and on motion of the parties herein, it is ordered by the Court that this case be placed on the Return Docket of the present term of this Court.
**Patrick Yore, John Skiles, John G. Roe, & Martin Burke, Plaintiffs. vs. The Steam Brat "C. Bealer," Defendant.**
Judgment.
Now at this day come again the parties aforesaid by their respective Attorneys and the Jury sevorn and empannelled herein also come, and thereupon the trial of this Court progressed and being concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiffs in the sum of Two thousand and thirty seven dollars and thirteen cents, damages. It is therefore considered and adjudged by the Court that said plaintiffs recover of William Wacker, principal, and Goseph H. Conn, Richard F. Sass & George Harrington, sureties, in the bond given for the release of said defendant, the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Reuben Beardslee, Plaintiff. vs. Turner Maddox, Defendant.**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: Michael Downey, Joseph Belcher, Conrad Bischoff, John D. Mound, E. J. Wheeler, James Caldwell, John Boston, F. W. Engle, James Fisher, B. M. Kennedy, Peter Mc. Neff & H. H. Ainsworth, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, 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.
**James E. Yeatman, Plaintiff. vs. James A. Yeatman, et. al. Defendants.**
Answer filed.
**Reuben Beardsleu, Plaintiff. vs. Turner Maddox, Defendant.**
Now at this day come again the parties aforesaid by their respective Attorneys, and the Jury sworn and empannelled here 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.
Edward Hale 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 Eliza Sharpe aged about forty five years, also a negro boy, the son of said Eliza, aged about six years, named Robert Sharpe.
Napoleon Mulliken who is personally known to the Court, comes into Open Court and acknowledges the execution by him of a Deed of Emancipation to a woman named and known as Betsy Yonington, being at this time between thirty five and forty years old, of dark chestnut complexion and about five feet eight inches in height.
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> Handwritten Page Number on Record Book: 57
The Court met pursuant to adjournment, Present as before.
**Grand Lodge I. O. O. F. of Missouri, Plaintiff. vs. Giles F. Filley Garnishee of Lysander B. Teafson, Defendant.**
Answer of Garnishee filed.
**Benjamin Lithauer, Plaintiff. vs. Morris Raphaelsky, Defendant.**
Answer filed.
**Francis Charleson, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
On Interpleader of Francis A. Hunt.
Now at this day come said Interpleader and said plaintiffs by their respective attorneys, and thereupon come also a Jury, viz: John S. Thomson, William Williamson, Charles Mehl, A Reinbold, Arthur Cavanaugh, John A. Pratt, Conrad G. Bischoff, John Gorey, Samuel Johnson, John Dornseif, Henry J. Kunz, & Fred Guerden, twelve good and lawful men, who being duly elected, tried and severn, the issues joined between the parties aforesaid well and truly to try, the trial of this cause progressed but not being concluded at the horn of adjournment further proceedings herein are continued until to-morrow morning.
**Reuben Beardslee, Plaintiff. vs. Turner Maddox, Defendant.**
Now at this day come again the parties aforesaid by their respective Attorneys, and the Jury sevorn and empannelled herein also come, and thereupon the trial of this cause progressed and being concluded the Jury retire to consider of their verdict.
**Patrick Yore, et. al. Plaintiffs. vs. The Steam Boat "C. Bealer." Defendant.**
Motion for new trial filed.
**Boatmen's Saving Institution, Plaintiff. vs. Jacob Woodburn, et. al. Defendants.**
Motion for order on Sheriff to pay over money, filed.
**William A. Robinson, Plaintiff. vs. Robert Stevens, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and the defendant withdraws his answer filed herein, and failing to plead further herein, it is therefore, on motion of said plaintiff by his Attorney, 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 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 Eight hundred and fifteen 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.
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The court met pursuant to adjournment, Present as before.
**Henry Von Phul, et. al. Plaintiffs. vs. William C. Anderson, et. al. Defendants.**
On motion of the plaintiffs by their attorney, it is ordered by the Court that an alias summons issue herein against the Defendant Anderson, returnable to the next term of this Court.
**Francis Charleson, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
On Interpleader of Francis A. Hunt.
Now at this day come again said Interpleader and plaintiffs by their respective attorneys, and the Jury sworn and empannelled herein also come, whereupon by consent of parties Comad G. Bischoff is excused from further service as a turn herein, and the trial progressed with the remaining eleven Jurers, but not being concluded at the him of adjournment, further proceedings herein are continued until-to-morrow morning. Stipulation of Counsel filed.
James M. Lyon who is personally known to the Court, comes into open Court and acknowledges the execution by him of a Deed of Emancipation to "amy" a negro woman aged about thirty seven years.
**Franz Lehue, Plaintiff. vs. Julius C. Sciutti, Defendant.**
Petition to foreclose Mortgage.
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, 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 sixty eight dollars and seventy cents, and the court doth find that said sum is arrear and due upon the foreclosure of a certain mortgage executed by said Defendant to said plaintiff. It is therefore considered and adjudged by the Court that said plaintiff recover of said Defendant the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and that the equity of redemption in the premises and property in said mortgage mentioned and described be forever foreclosed, the aforesaid debt and costs to be covered of the premises and property described in the petition as follows, to wit: a certain lot of ground in Block number one hundred and thirty five in the city of St. Louis fronting twenty eight feet on Sixth street, and running back fifty feet described as follows, commencing at a point which is the south east corner of a building now occupied by the said Sciutti as a grocery store & leased to him by the said Shepard thence Westwardly & parallel with myrtle street, fifty feet, thence southwardly parallel with sixty street twenty eight feet, thence eastwardly & parallel with myrtle street fifty feet to sixth street thence northwardly along the westerline of sixth street twenty eight feet to the place of beginning "and if the said mortgaged property be insufficient to pay and satisfy said bebt and costs then that the residence be levied of other good and chattels. Land and tenements of said defendant and that said plaintiff have thereof execution.
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The Court adjourned until nine o'clock to-morrow morning.
The Court met pursuant to adjournment, Present as before.
**Reuben Beardslee, Plaintiff. vs. Turner Maddox, Defendant.**
Now at this day come again the parties herein by their respective attorneys, and the Jury sworn and empannelled herein also come, and the Jurers aforesaid upon their oaths aforesaid say they cannot agree upon a verdict herein, Wherefore it is considered by the Court that said Jurers be discharged, and this cause is continued until the next term of this Court.
**Francis Charleson, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
On Interpleader of Francis A. Hunt.
Now at this day come again said Interpleader and plaintiffs 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 Friday morning.
**Amos J. Gillingham, Plaintiff. vs. John B. Black & David R. Sloan, Defendants.**
Order of Injunction.
On hearing and considering the petition of the plaintiff, the Court doth order that, upon the plaintiff executing Bond in the sum of Two thousand dollars, conditioned according to law, with good and sufficient security, to be approved by this Court, said defendants be enjoined and restrained from the removal, sale or disposal of any of the partnership effects of the firm of A. J. Gillingham &Co. and from the further sale or settlement of any of the notes, accounts, good and wares belonging to said firm until the further order of the Court.
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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.**
On motion of Louis A. Benirst and others, who are parties interested in the estte assigned by said Daniel D. Page & 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 said Joshua H. Alexander appear before this court on Sunday morning next the twenty fifth instant as nine o'clock, and show cause, if any can, why he should not proceed to appoint a day and place to adjust and allows accounts against the estate so as aforesaid assigned to him, according t the stalute in such case made and provided. And it is further ordered by the court that a copy of this order be served upon said Joshua H. Alexander.
**James Porter, et. al. Plaintiffs. vs. Globe Mutual Insurance Co. et.al. Garnishees of Matthew Shaffner, Defendant.**
Answer of Globe mutual Insurance Company and W. W. Grune President thereof filed.
**William J. Smith & Micajah J. Williams, Plaintiffs. vs. Henry D. Bacon, Edward Wyman & Thomas Brron, Defendants.**
Dismissal.
On motion of the plaintiff by their attorney it is ordered by the Court that this suit be dismissed at the costs of said plaintiff and that execution issue therefore.
**William Heintz, Plaintiff. vs. Mary Heintz, Defendant.**
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.
**Francis Charleson, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
On Interpleader of Francis A. Hunt.
Now at this day come again said interpleader and plaintiffs by their respective attorneys and the Jury sworn and empanelled herein also come, wherefore by consent of parties A. Reinbold is excused from further service as a Jurer herein, and the trial progressed with the remaining ten Jurers, but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
**Margaret Ann Scott, Plaintiff vs. John H. Scott, Defendant.**
Order of Publication.
It appearing to the satisfaction Court from the affidavit of said plaintiff that said defendant is a non resident of the State of Mississippi 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 in the Missouri Demooraf a news paper printed in the city of St. Louis, that said plaintiff has instituled suit against him in the St. Louis Circuit Court the object of which is to obtain a divorce from him on the grounds of desertion and drunkennes, and that unless he be and appear at the next term of said Court be begun and held at the city of St. Louis within and for the County of St. Louis in the State of Mississippi on the second Monday in march next and on or before the with
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day of said term answer the petition of said plaintiff the same will be taken against him as confessed.
Edward Chase 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 slave Lymas Watson about twenty nine years of age and about five feet five inches high.
The Court met purusuant to adjournment, Present as before.
**Mary Ann Blackstone, Plaintiff. vs. Nathaniel Blackstone, 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.
**John M. Cashman, et. al. Plaintiffs. vs. Sylvester Ball, et. al. Defendants.**
Motion for renewal of Order to Commissioner filed.
**William Wade, et. al. Plaintiffs. vs. Eleazer J. Beard, et. al. Defendants.**
Motion to strike out parts of Answer filed.
**Francis Charleson, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
On Interpleader of Francis A. Hunt.
Now at this day come again said Interpleader and plaintiffs 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.
Lewis Jones and Moses Essex who are personally known to the Court, come into Open Court and acknowledge the execution by them of a Deed of Emancipation to a colored man known by the designation of Aaron Lay, being about the age of forty five years & about five feet five inches in height and being black in color.
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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.**
Citation against Assignee.
On motion of the Assignee herein by his Attorney, until Friday next is given him to appear and answer herein.
**John G. Luce, Plaintiff. vs. Lounzo P. Sanger, et. al. Defendants.**
Answer filed.
**Enoch C. Brown, Plaintiff. vs. Louzno P. Sanger, et. al. Defendants.**
Answer filed.
**Nicholas Franck, Plaintiff. vs. Franz Nassal, 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 said motion be sustained at the costs of said defendant. Answer filed.
**Frederick Spies, et. al. Plaintiffs. vs. John Renz, Defendant.**
Motion for confirmation of Referee's Report filed.
**Joseph Street & Francis Kintz, Plaintiffs. vs. John Bray, 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 ?] Five hundred and thirty dollars and eighty cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the damages aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Francis Charleson & William Mc. Sorley, Plaintiffs. vs. Edward St. Michel, Defendant.**
On Interpleader of Francis A. Hunt.
Now at this day come again said Interpleader and plaintiffs 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 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. Motion for new trial in the Interpleader cause filed.
**Moses Ely, Viner V. Dodd, Moses Asborne, & Charles J. Stebbens partners. Plaintiffs. vs. George Smith, 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 are entitled to the possession of the property in their petition described and that they have sustained damage by reason of the premises set out in their petition in the sum of One hundred
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and ten dollars and sixty cents. It is therefore considered and adjudged by the Court that said plaintiffs have and retain possession of the property delivered to them as the commencent of this suit under the order of Replevin herein, and that they recover of said defendant the damages aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Irwin Z. Smith Executor of the Estate of Elisha B. Bill's deceased, Plaintiff.**
Judgment.
Now at this day comes again said plaintiff by his Attorney and files a withdrawal of so much of the claim set forth in his petition as relates to the rent of rooms in the building on the corner of 6th & Olive streets, and also all that part of the bill of items, which reads as follows: ``1855 May'' 22 months rent of two rooms over the drug store at the corner of 6th & Olive streets in the City of St. Louis at #12.00,00 - 264.00" - and thereupon 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 damagae by reason of the premises set out on his petition in the sum of Two hundred and thirty dollars and ninty 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.
**Francis Saler, Plaintiff. vs. Friederich or Frederich Maw, 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 in the sum of six hundred and ninety nine 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.
**Elijah Sells. Plaintiff. vs. The St. Clair Rail Road and Coal Company. Defendant.**
Judgment.
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, 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 Fifteen hundred and thirty 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 also his costs and charges herein expended and have thereof execution against the property attached herein at the commencement at this suit.
**Samuel Hamill & Joseph Hamill, Plaintiffs. vs. Frederich Bartold, 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 hearad 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 Five hundred and thirty seven dollars and 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.
**The Grand Lodge of Missouri of the Independent order of Odd Fellows. Plaintiff. vs. Lysander B. Trafson. Defendant.**
Judgment.
Now at [that ?] day comes again said
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plaintiff by its 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 its petition in the sum of nine hundred and six 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 its costs and charges herein expended and have thereof execution.
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The Court met pursuant to adjournment, Present as before.
**Charles 2. Chandler, Plaintiff. vs. William C. Juvett's Er., Defendant.**
On motion of the plaintiff by his attorney, it is ordered by the Court that the judgment rendered herein on the seventh day of May last past, be amended so as to read "Charles" instead of "John" in the plaintiff's name.
**John Dunn, Plaintiff. vs. William Wade, 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, and leave is given said plaintiff to withdraw the notes filed herein by him.
**John M. Owen, et. al. Plaintiffs. vs. Samuel Jacks, et. al. Defendants.**
By consent of the parties herein, further time, until the 25th December next, is given the plaintiffs to file Interrogatories against the garnishees herein.
**James M. Blackwell, et. al. Plaintiffs. vs. Samuel Jacks, et. al. Defendants.**
By consent of the parties herein, further time, until the 25th December next, is given the plaintiffs to file Interrogatories against the garnishees herein.
**John Schilling, Plaintiff. vs. Anna C. Speck, Defendant.**
Supplemental Answer & Replication filed by consent, and now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: R. H. Patterson, Christian Ott, John Helger, Francis Tartenburg, Eugene Alcan, Jeremiah Sullivan, James Hobbs, Nehemiah Wyman, James Ferguson & Fountain Kitchum, by consent, ten good and lawful men who being duly elected, tried and sworn, the issues herein joined well and truly to try, the trial of this cause progressed but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
**Edward V. Bryan, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
On Interpleader of Francis A. Hunt. Continued by consent.
**Charles Speck, et. al. Plaintiffs. vs. Steam Boat "James E. Woodruff." Defendant.**
Reply to set off filed.
**Caroline Rohland, Plaintiff. vs. Charles F. Rohland, 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 proofs, 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 in the Missouri Republican, a newspaper printed in the City of St. Louis 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 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 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.
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**Elizabeth Mathews Administratrive of Thomas Mathews, deceased, Plaintiff. vs. The Chicago, Alson and Saint Louis Rail Road Company, Defendant.**
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 has sustained damage by reason of the premises set out in her petition in the sum of Two hundred and sixteen dollars and fifty 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 her costs and charges herein expended and have execution therefor against the property attached under the writ of attachment issued herein at the commencement of this suit.
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The Court met pursuant to adjournment, Present as before.
**Silas Reed, Plaintiff. vs. Cyrus G. Heys & Apollo W. Sterling, Defendants.**
Satisfaction.
Now at this day comes said plaintiff by James H. Comfort his duly authorized Agent, and acknowledges to have received full and entire satisfaction of the judgment heretofore undered herein.
**John M. Cashman, et. al. Plaintiffs. vs. Sylvester Ball, et. al. Defendants.**
Now at this day it appearing to the Court that Richard J. Barrett. Daniel J. Wright and Anthony H. Menkins, who were appointed commissioners to make partition of the said premises mentioned in the judgment undered herein on the 20th day of May 1854, made their report which has been lost. On motion of the plaintiffs so much of the said order appointing said persons commissioners as requires them to report their proceedings is hereby renewed and they are accordingly directed to report their action as such commissioners on or before the first day of the next term of this Court. It is further ordered that a copy of said order be served in the said Commissioners.
**J. Gotfried Goethe, Plaintiff. vs. Jacob Reichard Trustee of Mary Kerkhoff, et. al. Defendants.**
The Court having duly heard and considered the motion of Mary Kerkhoff to set aside the judgment herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained, saving unto all third parties, if any, any rights which may have been acquired under and by virtue of the said judgment.
**John Schilling, Plaintiff. vs. Anna C. Speck, Defendant.**
Now at this day come again the parties aforesaid by their respective Attorneys, and the Jury sevorn 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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The Court met pursuant to adjournment, Present as before.
**Henry April, Plaintiff. vs. James S. Thomas, Defendant.**
By consent of parties it is ordered by the Court that the motion for security for costs herein, be and the same is hereby sustained, and that said plaintiff give such security on or before the 1st day December next.
**John Schilling, Plaintiff. vs. Anna C. Speck, 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 thereupon 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 fifty two dollars and sixty five cents, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Bridget Donovan, Plaintiff. vs. John How, Defendant.**
Dismissal.
On motion of the plaintiff by her attorney, it is ordered by the Court that [said ?] this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Ashley C. Sugg, et. al. Plaintiffs. vs. John J. Roe, Defendant.**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: David Thomas, John Boston, Charles Jeffries, John H. Clinton, P. H. Kennedy, Frederick Appel, & George J. Decker, by consent, seven good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, the trial of this cause progressed and being concluded the Jury retire to consider of their verdict.
**Charles K. Dickson & Thomas T. Gantt. Plaintiff. vs. Peter B. Garesche Administrator of Jacques Desiré deceased, Defendant.**
Appeal - Judgment.
Now at this day come again the said parties and submit this cause to the Court upon the agreed case heretofore filed and the further agreement this day filed to the effect that the present value of the land conveyed by the said Jacques Desiré to Letitia Duncan in the year 1835 exceeds the sum of twelve thousand dollars, and therefore the Court declares the law to be that the plaintiffs ought to recover of the said Peter B. Garesché Administrator of said Jacques Desiré the sum of Five thousand nine hundred and ninety three dollars. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the said sum of Five thousand nine hundred and ninety three dollars together with their costs and charges in this behalf expended. And that this judgment be certified to the St. Louis [Circuit ?] Probate Court to be proceeded in according to the Statute in such case made and provided.
**William H. Anderson, et. al. Plaintiffs. vs. James S. Cheer, Garnishee, 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 said motion be sustained at the costs of said Garnishee, and leave is given said Garnishee to Answer herein within ten days from this date.
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**Morsin D. Hickman & Sarah W. Hickman, Caroline E. Brashear, John S. B. Ried, Eason S. Hickman & Miriam O. Hickman, Eason S. Hickman, Guardian, William M. Ried & Rachel W. Reid, John B. Ried Guardian Nathaniel G. Reid and Jackson White Guardian Sarah J. White, Plaintiffs. vs. John C. Bull Executor of Nathaniel G. Woods deceased. Defendant.**
Appeal. 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.
**Sophia Druker, Plaintiff. vs. Marris Druker, Defendant.**
Continued.
**Christopher F. Blanchard, Plaintiff. vs. Henry S. Hamilton, Garnishee, Defendant.**
Continued.
**The Bank of the State of Missouri, Plaintiff. vs. John M. Krum, et. al. Garnishees, Defendants.**
Continued.
**Peter Reisschneider, Plaintiff. vs. Margaretha Reifschneider, Defendant.**
Continued.
**John Scott, Plaintiff. vs. Hercules Carroll, Defendant.**
Continued by consent at costs of plaintiff.
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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 Joshna H. Alexander to Rule filed.
**Ashley C. Sugg, & Addison J. Harris, Plaintiffs. vs. John J. Roe, 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 Jury aforesaid upon their oaths aforesaid find for the plaintiffs in the sum of Ten hundred and ninety eight dollars and forty cents, damages. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the damages 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 Admr., et. al. Defendants.**
On motion of the defendant John Biddle by his Attorney, until the first day of the next term of this Court is given him to answer herein.
**John Schilling, Plaintiff. vs. Anna C. Speck, Defendant.**
Motion for new trial filed.
**James Andrews, Plaintiff. vs. Barney M. Lynch, Defendant.**
Abstract of issues filed.
**Joseph Street, et. al. Plaintiffs. vs. John Bray, Defendant.**
Motion to set aside judgment filed.
**Elizabeth Lorain, Plaintiff. vs. Antoine Loraine, et. al. Defendants.**
Continued.
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The Court met pursuant to adjournment, Present as before.
**Joseph Street, et. al. Plaintiffs. vs. John Bray, Defendant.**
Now at this day come said plaintiffs by their attorney and remit Four hundred and ninety dollars and eighty cents of the judgment undered herein.
**In the matter of the assignment of Daniel D. Page & Henry D. Bacon.**
On application of Louis A. Benirst and others for Rule against Joshua H. Alexander assignee, to appoint a day and place for the allowance of demands against assignors.
Now at this day come the parties herein by their respective Attorneys, and the Court having duly heard and considered the matters herein and [being ?] the argument of Counsel therein and being fully advised of and concerning the premises doth consider and adjudge that the rule nise heretofore made herein be and the same is hereby made absolute and that said assignee do within ten days from this date proceed, according to the statute in such case made and provided, to appoint a day and place for the allowance of demands against said assignors.
**Ashley C. Sugg, et. al. Plaintiffs. vs. John J. Roe, Defendant.**
Motion for new trial filed.
**Frederick Spies, et. al. Plaintiffs. vs. John Renz, Defendant.**
Now at this day come said plaintiffs and withdraw their motion for confirmation of the Referee's Report herein, and file a motion for Review of the Referee's Report.
**Henry Benning, Plaintiff. vs. Eminie H. Benning, Defendant.**
Now at this day comes said defendant by her Attorney and enters her voluntary appearance to this action, and on motion of said defendant by her attorney, leave is given her to answer herein at any time during the present term of this Court.
**Peter Kessler, Plaintiff. vs. Henry Huhner, Defendant.**
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.
**James Graham, et. al. Plaintiffs. vs. Jacob Ingraham, Defendant.**
Supplemental Petition filed by leave of Court.
**Farmer's & Merchant's Bank of Memphis, Plaintiff. vs. Kennedy Lonergan'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 said motion be overruled.
**Patrick Yore, et. al. Plaintiffs. vs. Steam Boat "C. Bealer." 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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**Frederick Shelly, Plaintiff. vs. Andrew Mc. Mechan, 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 said motion be overruled.
**George W. Loper, Plaintiff. vs. Benjamin Lacy, 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 overruled.
**Charles W. Newton, Plaintiff. vs. John W. Spalding, Defendant.**
On motion of the defendant by his Attorney, leave is given him to Answer herein within five days from this date.
**Robert C. Thurman, Plaintiff. vs. 181 Daniel D. Page, et. al. Defendants.**
The Court having duly heard and considered the motion to strike out parts of the Answer herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled. Replication to part of defendants answer filed.
**Robert C. Thurman, Plaintiff. vs. 182 Daniel D. Page, et. al. Defendants.**
The Court having duly heard and considered the motion to strike out parts of the Answer herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled. Replication to part of defendants' Answer filed.
**John Knauer, Plaintiff. vs. Charles Blank, 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 that said plaintiff give such security within twenty days from this date.
**John Jevis Assignee of Jevis, Sons & Co. Plaintiff. vs. Chastain C. Saunders Administrator of Henry L. Jevis, deceased, Defendant.**
Appeal. 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 Four thousand six hundred and thirty four dollars and sixty one cents, and that the same belongs to the fifth 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 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.
**John G. Luce, Plaintiff. vs. Lounze P. Sanger, et. al. Defendants.**
The Court having duly heard and considered the motion to dismiss this cause, and being fully advised of and concerning the premises doth consider and adjudge that said Motion be overruled, the defendants withdraw their Answer filed herein.
**Enroch C. Brown, Plaintiff. vs. Lounze P. Sanger, et. al. Defendants.**
The Court having duly heard and considered the motion to dismiss this cause, and being fully advised of and concerning the premises doth consider and adjudge that said motion be overruled, the defendants withdraw their Answer filed herein.
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**James S. Mc. Lain, Plaintiff. vs. Pleasant Devinney, et. al. Defendants.**
The Court having duly heard and considered the motion to suppress the depositions of Frederick G. Mc. Lain, Margaret Frazier, Jane E. Mc. Lain & Elizabeth J. Luckett herein, and being fully advised of and concerning the premises doth consider and adjudge that said motion be overruled.
**Thomas S. Morgan & William H. Reid, Plaintiffs. vs. Francis A. Hunt, J. E. Hunt, Benjamin Slater, Eugene E. Jallarie & Daniel Emerson, Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their Attorney, and dismiss this suit as to the defendants J. E. Hunt & Eugene E. Jallarie, but the defendants Francis A. Hunt, Benjamin Slater & Daniel Emerson 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 ?] 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 Eleven hundred and eighty five dollars and ninety 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.
**Thomas S. Morgan & William H. Reid, Plaintiffs. vs. Eugene E. Tallarie & Daniel Emerson, Defendants.**
Judgment by default.
Now at this day come said plaintiffs by their attorney and dismiss this suit as to the defendant Eugene E. Tallarie, but the defendant Daniel Emerson 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 instruments of writing on which this action is founded that said defendant is indebted to said plaintiffs in the sum of Five thousand four hundred and seventy one dollars and seventy 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.
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The Court met pursuant to adjournment, Present as before.
**Jeremiah Cronin, Plaintiff. vs. Adela H. Douthelt, 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 said motion be overruled.
**Eleanor Garner, Plaintiff. vs Thomas W. Garner, 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.
**Eliza Jane Lapint, Plaintiff. vs. John Lapoint, 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.
**Elizabeth Wilkinson, Plaintiff. vs. George Wilkinson, 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.
**Charles Jeffers, Plaintiff. vs. William Cranston, et. al. Defendants.**
Now at this day comes said plaintiff by his attorney, but said Defendant William Cranston 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 on further motion of said plaintiff by his attorney, it is ordered by the court that this cause be referred to John Y. Page, Esquire, to take and state an account between the parties herein, who is directed to make report of his proceedings under this order to this court with all convenient speed.
**Patrick Yore, et. al.Plaintiffs. vs. Steam Boat "C. Bealer," Defendant.**
Bill of Exceptions filed.
**Rudolph Meyer, Plaintiff vs. "Mississippi & Ohio Rail Road Company, Defendant.**
On motion of the plaintiff by his attorney leave is given him to amend hid petition herein by striking out in name of defendant the words "& Ohio" after the ward "Mississippi" and inserting the words "Ohio &" before the word "Mississippi" which amendment was accordingly made.
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**Ferdinand H. Bock, Plaintiff. vs. Conrad Ziegler & William. Maindlen, Defendants.**
Judgment.
Now at this day comes said plaintiff by his attorney and withdraws his motion to strike out the answer herein, and also the claim in his petition for costs of protest, and therefore moves the court for judgment herein, and the court having duly heard and considered the same as also the pleadings herein, and being fully advised of and concerning the premises doth consider and adjudge that said motion be sustained, and doth find from the instrument of writing on which this action is founded that said defendants are indebted said plaintiff in the sum of Seventy one hundred and ninety four dollars and seventy 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 also his costs and changes herein expended and have thereof execution.
**James Graham, Plaintiff. vs. Jacob Ingraham, Defendant.**
Judgment.
Now at this day comes said plaintiff by his attorney, defendants 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 was of the premises set out in his petition in the sum of two hundred and nine dollars and thirty eight cents. It is therefore considered and adjudged by the court that said plaintiff uncover of said defendant the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Henry April, Plaintiff. vs. James S. Thomas, Defendant.**
Now Suit.
Now at this day [com ?] this cause being called for trial said plaintiff although duly called comes not, therefore 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.
**John Mosslander, Plaintiff. vs. James Bolger, Defendant.**
Dismissal.
Now at this day this cause being called for trial and no one appealing to prosecute the same, it is ordered by the Court that this cause be dismissed as the costs of said plaintiff and that execution issue therefor.
**Anna Maria Rauk, Plaintiff. vs. John Nicholas Rank Defendant.**
Continued.
**Thomas B. Hapkinson, 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 as the costs of said Plaintiff and that execution issue therefore.
**John Biddle, 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 therefore.
**Michael Finnegan, Plaintiff. vs. Addison G. Bragg, Defendant.**
Dismissal.
The Plaintiff having failed to amply with the order heretofore made herein, requiring him to give security for costs herein, it is, on motion of said defendant by his attorney, ordered by the Court that this cause be dismissed as the costs of said plaintiff and that execution issue therefore.
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> Handwritten Page Number on Record Book: 76
**George Dengel, Plaintiff. vs. Malvina Dengel, Defendant.**
Continued.
**Johann J. Boehm, Plaintiff. vs. Barbara Boehm, Defendant.**
Continued.
**North Missouri Rail Road Company, Plaintiff. vs. Pelagu Chauvin, et. al. Defendants.**
Report of Commissioners filed.
**Charles W. Newton, Plaintiff. vs. John W. Spalding, Defendant.**
Answer filed.
**Matthew Nead, Plaintiff. vs. William Park Sr. William Park Jr. & John Logan, 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.
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> Handwritten Page Number on Record Book: 77
The Court met pursuant to adjournment, Present as before.
**Joseph C. Edgar, Plaintiff. vs. Abraham S. Jacob & Isadore Bush, Defendant.**
Dismissal.
The Plaintiff having failed to comply with the order heretofore made herein requiring him to give security for costs herein, it is therefore, on motion of said Defendant by their attorney, ordered by the Court that this cause be dismissed at the costs of said Plaintiff and that execution issue therefor. Statements of issues filed.
**John Thompson, Plaintiff. vs. Anthony Niedeweiser, Defendant.**
Dismissal.
On motion of said 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.
**Thomas Harvley and Ann Hawley his wife, Plaintiffs. vs. Frederick Rholps, 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 as the costs of said plaintiffs and that execution issue therefor.
**Mary Luron, Plaintiff. vs. William Luron, 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 as the costs of the said Defendant and that execution issue therefor.
**Thomas B. Ellis, Plaintiff. vs. Steam Boat "David Tatum", 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 not suit. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit on 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.
**Charles Myers, Plaintiff. vs. Duane I. Sardam & Antoine Wiseman, 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 R. Shepley, Esquire, in a few near and appropriate remarks, announced to the Court the death of the Hon Robert Wash, late a member of the St. Louis Bar, and an his motion it is ordered that this Court do now adjourn as a testimony of respect to the memory of said decreased, and that the following Resolutions passed at a meeting of the member of the St. Louis Bar on the occasion of the death of said decreased, be spread upon the Records of this Court of this day, viz:
"The members of the St. Louis Bar having heard with unsigned regret of the decrease of the Hon. Robert Wash, formerly a Judge of the Supreme Court of the State of Missouri, who departed this life on the evening of yesterday, and desiring to unite their sympathies with those of his much bereaved family and friends, have adopted the following resolutions, as expressive of their feelings on the mournful occasion:
Resolved, That we how in humble submission to the dispensation of that Divine Providence, who has removed from our midst our venerable friend and brother.
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> Handwritten Page Number on Record Book: 78
Resolved, That we hereby express our earnest and profound sympathies with the bereaved wife and children of our most respected associate and fellow citizen, and tender to them our sincere condolence in their deep affliction.
Resolved, That we will in a body attend the funeral of the deceased, and wear the usual badge of mourning for the space of thirty days.
Resolved, That the Secretary furnish a copy of these resolutions to the family of the deceased.
**Jane Walsh, Plaintiff. vs. William Walsh, 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 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 at the request of the petitioner doth alter and change her name to Jane Stoddard, that being her maiden name, and that she recover of said defendant her costs and charges herein expended and have thereof execution.
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> Handwritten Page Number on Record Book: 79
The Court met pursuant to adjournment, Present as before.
**Edward Bunbreier, Plaintiff. vs, Francis P. Blair Jr, Defendant.**
Dismissal.
On the 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.
**Patrick Fury, Plaintiff. vs. Thomas Burke, Defendant.**
Continued as on affidavit as costs of plaintiff. Abstract of issues filed.
**Daniel C. Michael, Plaintiff. vs. Isaac T. Wise, Defendant.**
Abstract of issues filed.
**John W. Burd, Plaintiff. vs. Primus Emerson, Defendant.**
Abstract of issues filed.
**State to use Adam Worst, Plaintiff. vs. Benjamin B. Hicks, et. al. Defendants.**
Abstract of issues filed.
**Dennis Mc. Carthy, Plaintiff. vs. Rufus Case, Defendant.**
Order of Sale.
It appearing to the satisfaction of the Court from the statement of James Castille, Sheriff of St. Louis County, this day filed herein, that the property attached herein as the commencement of this suit is likely to depreciate in value before the probable termination of this suit, it is therefore, on motion of said plaintiff by his Attorney, ordered by the Court, that the Sheriff of St. Louis County do proceed to sell, according to the statute in such case made and provided, the property by him attached as the commencement of this suit, and that he make report of his proceedings under this order to this Court with all convenient dispatch.
**J. Gotfried Gocthe, Plaintiff. vs. Jacob Reichard, Trustee, et. al. Defendants.**
Motion for order on Receiver for an account, filed.
**William Nulla, Plaintiff. vs. Charles W. Horn Garnishee of Adolphus Nellar, Defendant.**
Judgment.
Now at this day come said plaintiff and said Garnishee by their respective attorneys, and waiving a Jury submit this cause to the Court upon the pleadings herein, and the Court having duly heard and considered the same, doth find from the answer of said Garnishee, that he as the presents time indebted to said defendant in the sum of Fifty two dollars and seventy two cents. It is therefore considered and adjudged by the court that said plaintiff recover of said Garnishee the sum of aforesaid in same aforesaid as found and have thereof execution; and the court doth further find from said answer that on the ninth day of march next, said Garnishee will be indebted to said defendant in the further sum of One hundred and ninety eight dollars and forty five cents. It is therefore, by consent of the parties, considered and adjudged by the Court that said plaintiff recover of said Garnishee the sum last aforesaid in form aforesaid as found and have execution therefor, and that there be a stay of execution herein until the ninth day of march next, and that this judgment bear no interest until after said ninth day of march next, and the Court allows said Garnishee the sum of Ten dollars for his trouble and expense in answering herein,
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> Handwritten Page Number on Record Book: 80
to be taxed as cost herein.
**Joseph Heil, Plaintiff. vs. Charles W. Harn Garnishee of Adolphus Nulla, Defendant.**
Judgment.
Now at this day come said plaintiff and said Garnishee by their respective Attorneys, and waiving a Jury submit this cause to the Court upon the pleadings herein, and the Court having duly heard and considered the same, doth fond from the answer of said Garnishee that he is at the present time indebted to said defendant in the sum of Eighty dollars and sixty eight cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said Garnishee the sum of aforesaid in form aforesaid as found and have thereof execution: and The Court doth further find from said answer that on the ninth day of March next, said Garnishee will be indebted to said defendant in the further sum of Two hundred and ninety eight dollars and nine cents. It is therefore, by consent of the parties, considered and adjudged by the Court that said plaintiff recover of said Garnishee the sum last aforesaid in form aforesaid as found and have execution in therefore, and that there be a stay of execution herein until the ninth day of March next, and that this judgment bear no interest until after said ninth day of March next. And the Court allows said Garnishee the sum of Ten dollars for his trouble and expense in answering herein, to be taxed as costs herein.
**Herman H. Nulla, Plaintiff. vs. Charles W. Horn Garnishee of Adolphus Nulla, Defendant.**
Judgment.
Now at this day come said plaintiff and said Garnishee by their respective Attorneys, and waiving a Jury submit this cause to the Court upon the pleadings herein, and the Court having duly heard and considered the same, doth fond from the answer of said Garnishee that he is at the present time indebted to said defendant in the sum of Six dollars and seventy cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said Garnishee the sum aforesaid in form aforesaid an found and have thereof execution: and the Court doth further find from said Answer that on the ninth day of march next, said Garnishee will be indebted to said defendant in the further sum of Thirty three dollars and forty six cents. It is therefore, by consent of the parties, considered and adjudged by the court that said plaintiff recover of said Garnishee the sum last aforesaid in form aforesaid and have execution therefore, and that there be a stay of execution herein until the ninth day of march next, and that this judgment bear no interest until after said ninth day march next, and the Court allows said Garnishee the sum of Ten dollars for his trouble and expense in answering herein, to be taxed as costs herein.
**John M. Mc. Keage, Plaintiff. vs. William Wible, Defendant.**
Continued on affidavit at costs of defendant.
**Farmer's & Merchant's Bank of Memphis, Plaintiff. vs. Kennedy Lonergan's Admrx, Defendant.**
On motion of the plaintiff by its Attorney, leave is given it to file a Bill of Exceptions herein within twenty days from this date.
**Michael Cayon, Plaintiff. vs. Margaret Cayon, 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.
**James A. Grant, Plaintiff. vs. William Noble, et. al. Defendants.**
Now at this day comes said defendants by their attorney and enter their voluntary appearance to this action, and leave is given said defendants to answer herein on as before the first day of the next term of this Court.
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> Handwritten Page Number on Record Book: 81
**Charles Speck, et. al. Plaintiffs. vs. The Steam Boat "James E. Woodruff," Defendant.**
Continued by consent.
**Jesse Henson, Plaintiff. vs. Lounzo P. Sanger, et. al. Defendants.**
Continued by consent.
**Patrick Fury, Plaintiff. vs. Thomas Burke, Defendant.**
Continued as on affidavit at costs of plaintiff.
**Hyacenth Pigeon's Executrix, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Continued by consent.
**Charles D. Drake, Plaintiff. vs. Charles P. Choutean, Defendant.**
Now at this day come the parties aforesaid by their respective attorneys and thereupon come also a Jury, viz: James L. Faucett, John Lady, Francis Lepere, Philip Numberger, Henry Bischeff, H. Eisenhardt, Nathan Robbins, Augustus Mueller, John W. Mc. Call, F. Hefferkamp & Daniel Weaver, by consent, eleven good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, the trial of this cause progressed, and being concluded the Jury retire to consider of their verdict.
**His Majesty Frederick Wilhelm the fourth King of Prussia, Plaintiff. vs. Felix Coste Administrator of Frederick Wilhelm Kupper alias Muller, 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 and being fully advised of and concerning the premises, 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 true and complete Transcript of the Record and Proceedings herein.
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> Handwritten Page Number on Record Book: 82
The Court met pursuant to adjournment, Present as before.
**Elias A. Owens, Plaintiff. vs. Steam Boat ``Challenge'' Defendant.**
Now at this day comes said defendant by its attorney and files a Bond for its release herein, which said Bond is approved by the Court.
**Fredrick Gelfart, et. al. Plaintiffs. vs. John Stickel, Defendant.**
Reply filed; Abstract of issues filed.
**Nathan H. Stockwell, Plaintiff. vs. Luther Woods, 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 plaintiff has sustained damage by reason of the premises set out in his petition in the sum of Twenty four hundred and six dollars and thirty seven cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the damages aforesaid in farm aforesaid as found and also his costs and charges herein expended and have thereof execution. Motion for new trial filed.
**Mathew Rippey, Plaintiff. vs. Meyer Friede, Defendant.**
Abstract of issues filed.
**Charles D. Drake, Plaintiff. vs. Charles P. Chouteau, 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 his said suit in this behalf but that said defendant go therefore the that day and recover of said plaintiff his costs and charges herein expended and have therefore execution.
**In the matter of the assignment of Thomas Mc. Grade.**
Motion for removal of the fund suspended by the appeal to the Supreme Court filed.
**James W. Paige, et. al. Plaintiffs. vs. Theodore R. Posey, 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 in this Missouri Republican, a newspaper printed in the City of St. Louis, that said plaintiffs have instructed suit against him in the St. Louis Circuit Court, the abject of which is to obtain judgment against him for the amount of two notes executed by him to J. W. Blodgett & Co. and by said J. W. Blodgett & Co. assigned to plaintiffs, and that uncles he be and appear as the next term of said Court to be began and held at the City of St. Louis within and for the Country of St. Louis in the State of Missouri on the second Monday in March next and on or before the third day of said term answer the petition of said plaintiff the same will be taken against him as confessed.
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> Handwritten Page Number on Record Book: 83
**Margaret Davis & Samuel Johnson, Plaintiffs. vs. William Alphens Smith, 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 plaintiffs and that execution issue therefor.
**Joseph A. Leonard, Plaintiff. vs. George Wood, Defendant.**
Continued as on affidavit at costs of plaintiff.
**Sarah Fowler, Plaintiff. vs. Thomas Campbell, Defendant.**
Dismissal.
By consent of the parties herein, it is ordered by the Court, that this cause be dismissed at the costs of the defendant and that execution issue therefor.
**Daniel C. Michael, Plaintiff. vs. Isaac J. Wise, Defendant.**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury, viz: Charles Primm, Peter Gamache, Henry Spitzer, Charles Kritzer, N. J. Emmons, Samuel Johnson, George Mc. Pheeters, John B. Roy, Henry Roy, H. H. Ainseverth, Conrad Doll & Joseph O'Neill, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, 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 91** (rcdbook1856_26_0090.jpg)
> Handwritten Page Number on Record Book: 84
The Court met pursuant to adjournment, Present as before.
Sheriff's Deed. James Castello Sheriff of St. Louis County, comes into Open Court and acknowledges the execution by him as Sheriff as aforesaid, of a deed to Irwin Z. Smith of all the right, title, interest, claim, estate and property of Henry Holmes of, in and to the following described real estate, to wit: a certain lot or price of ground in block numbered fifty two (52) of the City of St. Louis fronting twenty three feet and six inches on Third street and running back one hundred and twenty nine feet and two inches in depth and bounded north by lot now or formerly occupied by G. Strausse, south by lot of Albert Todd and West by Third street and east bylot now or formerly occupied by G. Strausse; sold by virtue and under authority of an execution issued from the office of the Clerk of the Circuit Court on the 16th day of September 1856, in favor of Thomas Hempstead and against said Henry Holmes.
**Thomas L. Salisbury, Plaintiff. vs. Edward Wyman, et. al. Defendants.**
Abstract of issues filed.
**Jesse Henson, Plaintiff. vs. Lorenzo P. Sanger, James T. Sanger, William D Sanger, William Truesdail, John Broun, & Hart S. Stewart, 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.
**Calvin M. Mc. Clung, Plaintiff. vs. Benjamin F. Coons, Defendant.**
Answer filed.
**Daniel C. Michael, Plaintiff. vs. Isaac T. Wise, Defendant.**
Judgment.
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 concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Eight hundred and forty five dollars and sixty three cents, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution. Motion for new trial filed.
**In the matter of the assignment of Thomas Mc. Grade,**
Upon motion of Charles Scott and others, petitioners, it is ordered by the Court that William J. Hammond former clerk of this Court to whom was committed the custody of Eight thousand and twenty nine dollars and forty one cents, heretofore paid into Court by George B. Michael, Assignee of Thomas Mc. Grade, during the pendency of an appeal prayed by the said George B. Michael, do pay the said sum of money and interest thereon at the rate of six per centum per annum or such other rate as was paid thereon by Lucas & Simonds Bankers, with whom said clerk was directed to deposit the same into the St. Louis Court of Common Pleas, to which Court the said cause has been removed upon application of said George B. Michael.
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> Handwritten Page Number on Record Book: 85
**James Graham, Plaintiff. vs. Jacob Ingraham, Defendant.**
Motion in arrest, and motion for new trial filed.
**William Shepherd & Thomas Spence, Plaintiffs. vs. St. Charles Western Plank Road Company, Defendant.**
Now at this day come the parties aforesaid by their resepctive attorneys, and thereupon come also a Jury viz: John Lady, Francis Lepere, Philip Ausonberger, Henry Bischoff, H. Eisenhardt, Augustus Mueller, John N. Call, F. Hefferkamp, Daniel Weaver Charles Young, Jesse Arnot & Nathan Robbins, twelve good and lawful mens who being duly elected, tried and sworn the issues herein joined well and truly to try, the trial of this cause progressed but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
**Samuel Maunder, Plaintiff. vs. Charles Semple, John Byrne Jr. & Mary Ellen Carroll, Defendants.**
Now at this day come the plaintiff and defendants Charles Semple & John Byrne Jr, by their respective attorneys, and the plaintiff dismisses this suit as to the defendant Mary Ellen Carroll, and thereupon come also a Jury, viz: Henry Spitzer, Christian Kretzer, George Mc. Pheeters, N. F. Emmens, H. Roy, Peter Gamache, John B. Roy, & Samuel Johnson, by consent, eight good and lawful men, he being duly elected, tried and sworn the issues herein joined well and truly to try, the trial of this cause progressed and being concluded the Jury retire to consider of their verdict.
**Allen J. Chamblein, Plaintiff. vs. Solemon H. Robbins, 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 Three hundred and nineteen dollars and eighty 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.
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> Handwritten Page Number on Record Book: 86
The Court met pursuant to adjournment, Present as before.
**Alexander Zeigler, Plaintiff. vs. Turner Maddox, Defendant.**
Statement of facts filed.
**William H. Anderson, et. al. Plaintiffs. vs. James S. Chew, Garnishee, Defendant.**
Answer of Garnishee filed, and leave is given plaintiffs to file Reply to same at any time during the present term of this Court.
**Price, Frost & Co. Plaintiffs. vs. D. J. Wheeler & Co. Defendants.**
The Court having duly heard and considered the demurrer to the petition herein and being fully advised of and concerning the premises doth consider and adjudge that said demurrer be sustained. Leave is given the plaintiffs to file an amended petition herein within twenty days from this date, first serving a copy of the same upon the Attorney for the defendants.
**Samuel Maunder, Plaintiff. vs. Charles Semple & John Byrne Jr, Defendants.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and also come the Jury sworn and empannelled herein, 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 defendants the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution. Motion for new trial filed.
**Benjamin Lithauer, Plaintiff. vs. Marris Raphaelsky, 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.
**Charles Myers, Plaintiff. vs. Duane J. Surdam, et. al. Defendants.**
Motion for judgment filed by defendants.
**State to use Frederick Shelly, Plaintiff. vs. Henry Kennedy, et. al. Defendants.**
Statement of issues filed.
**In the matter of the assignment of Asborne, Camp & Co.**
On application of George H. Moore and others, who are persons interested in the estate assigned by Osborne, Camp & Co. It is ordered by the Court that citation issue against Isaac J. Wise, assignee of said Asborne, Camp & Co., requiring him to appear in this Court on Monday [new ?], the fifteenth instant, at ten o'clock a.m. and exhibit on oath or affirmation, the accounts of his said trust, or show cause to the contrary. Isaac J. Wise assignee as aforesaid, comes into Open Court, and waives service of the foregoing citation.
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> Handwritten Page Number on Record Book: 87
**James Caldwell, Plaintiff. vs. The City of St. Louis, Defendant.**
On motion of the plaintiff by his Attorney, leave is given him to amend his petition herein by inserting after the words "Exhibit A." in the tenth line of the first page of his petition the following, viz: "The original contract or agreement between him & Henry Benning of the one part and the defendant on the other part is beyond his central & power being in the custody & under the central of the City Engineer of the dift the said City of St. Louis entitled to keep the custody of such contracts or agreements." And by inserting after the word "argument" in the thirteenth line of the second page of his petition, the following, viz: "The agreement or release for which interest to the plaintiff from Henry Benning is herewith filed as Exhibit marked" B. and which plaintiff asks to read in evidence on the trial of this cause and to refer to the same under the statute." Which amendments were accordingly made, and by consent, it is ordered by the Court that a copy of said amendments be served upon the defendant.
**William Shepherd & Thomas Spence, Plaintiffs. vs. St. Charles Western Plant Road Company, Defendant**
Judgment.
Now at this day come again the said parties by their respective Attorneys and the Jury sevorn and empannelled herein also come, and thereupon the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiffs in the sum of One hundred and fifty eight dollars and seventy two cents, damages. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the damages aforesaid in form aforesaid as found also their costs and charges herein expended and have thereof execution.
**James Kershaw, William Mc. Monnies & Robert Spencer, Plaintiffs. vs. Hiram A. Pryor, Defendant.**
Dismissal.
On the 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: 88
The Court met pursuant to adjournment, Present as before.
Stephen Rice, Esquire, presents here to the Court, a certificate of his election as Clerk of this Court, also his Bond as such clerk, which said Bond is approved by the Court; and it is ordered by the Court that said Certificate and Bond be spread upon the Records of this Court of this day, and they are as follows, viz:
**State of Missouri vs. County of St. Louis**
I, Aaron H. Hackney, Presiding Justice of the St. Louis County Court, certify that at an election held in the County of St. Louis on the first day of December A. D. Eighteen hundred and fifty six, Stephen Rice was elected Clerk of the Circuit Court of said County to fill the vacancy caused by the resignation of William J. Hammond. In testimony whereof I hereto set my hand at the County of St. Louis this the 5th day of December Eighteen hundred and fifty six. Aaron H. Hackney, Presiding Justice.
**State of Missouri vs. County of St. Louis Jr.**
Stephen Rice being duly sworn on oath says that he will support the constitution of the United States and that of the State of Missouri and will faithfully demean himself in his office of Clerk of the Circuit Court of St. Louis County.
Sworn to and subscribed before me the undersigned Clerk of the St. Louis County Court the 6th day of December 1856. L. S. In witness whereof I hereto set my hand and affix the seal of said Court the date last aforesaid.
**State of Missouri vs. County of St. Louis Jr.**
I, the undersigned Recorder in and for the County of St. Louis, certify that the foregoing instrument of writing was filed for record in my Office, December 6th 1856, and truly recorded in Commission Book No. 3. pages 9 & 10. L.S. Witness my hand and official seal the date aforesaid. C. Keemle Recorder, by Benj B. Hicks Desig.
Bond.
Know all men by these presents that we Stephen Rice as principal and Edward Walsh and John H. Lightner as sureties are held and firmly bound unto the State of Missouri in the sum of ten thousand dollars, to which payment well and truly to be made, we bind ourselves and heirs, executors and administrators, firmly by these presents. Sealed with our seals and dated this eighth day of December in the year of our Lord one thousand eight hundred and fifty six. The Condition of the above ablegation is this, that whereas the above bounden Stephen Rice has been duly elected Clerk of the Circuit Court of St. Louis County. Now if the said Stephen Rice will faithfully perform the duties of the said Office of Clerk of the Circuit Court of St. Louis County and pay over all moneys which may come to his hands by virtue of his office, and that he, his executors and administrators will deliver to his successor safe and undefaced all books, records, papers, seals, apparatus and furniture belonging to his Office, then the above obligation to be void, otherwise to be and remain in full force and virtue.
**Caroline L. Beach, Plaintiff. vs. Roswell Beach, Defendant.**
Abstract of issues filed.
**John Wesley, Plaintiff. vs. Michael Dufenbach, et. al. Defendants.**
Abstract of issues filed.
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> Handwritten Page Number on Record Book: 89
**Loring P. Hawes, et. al. Plaintiffs. vs. William M. Harlow, et. al. Defendants.**
Abstract of issues filed.
**Jacob A. Barker, Plaintiff. vs. William Truesdail, Defendant.**
Continued as on affidavit at costs of defendant on account of the absence of John Vincent a witness for defendant.
**Elizabeth A. Kneves, Plaintiff. vs. William H. Kneves, 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 Dunn, Plaintiff. vs. William Wade, Defendant.**
Continued by consent.
**James Caldwell, Plaintiff. vs. The City of St. Louis, Defendant.**
Continued at costs of Plaintiff.
**Joseph R. Wendover, Plaintiff. vs. Isaac T. Wise, 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 plaintiff has sustained damage by reason of the premises set out in his petition in the sum of Three hundred and fifty four dollars and seventy five cents. It is therefore considered and adjudged by the Court that said plaintiff [to ?] 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.
**Charles L. Hunt, Plaintiff. vs. James T. Mc. Jilson, et. al. Defendants.**
Continued by consent.
**City of St. Louis to use James C. Campbell, Plaintiff. vs. John W. Williams, et. al. Defendants.**
Continued as on affidavit at costs of defendants.
**Linus Jackson, Plaintiff. vs. Herman Kallmann, et. al. Defendants.**
Continued by consent.
**The State of Missouri to the use of Jacob D. Kurlbaum Administrator of the estate of John T. Bick, deceased, Plaintiff. vs. Conrad Soergel, Defendant.**
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.
Josiah Thornburgh and L. K. Kinsey, two credible witnesses, come into Open Court, and prove to the satisfaction of the Court, the execution by George L. Nuckolls of a Deed of Emancipation to a negro by named Albert Gallatin aged about twenty eight years, five feet 10½ inches high.
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> Handwritten Page Number on Record Book: 90
**John G. Luce, Plaintiff. vs. Lorenzo P. Sanger, et. al. Defendants.**
The Court having duly heard and considered the demurrer herein, and being fully advised of and concerning the premises, doth consider and adjudge that said demurrer be sustained as to the second, third and fifth specifications therein, and be overruled as to the first and fourth specifications therein. Leave is given the plaintiff to amend his petition within five days from this date.
**Enoch C. Brown, Plaintiff. vs. Lorenzo P. Sanger, et. al. Defendants.**
The Court having duly heard and considered the demurrer herein, and being fully advised of and concerning the premises, doth consider and adjudge that said demurrer be sustained as to the second, third and fifth specifications therein, and be overruled as to the first and fourth specifications therein. Leave is given the plaintiff to amend his petition within five days from this date.
The Court met pursuant to adjournment, Present as before.
**Frederick Spies & William Weer, Plaintiffs. vs. John Renz, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and the Court having duly heard and considered the motion of the plaintiffs for a review of the report of the referee herein and being fully advised of and concerning the premises doth consider and adjudge that said motion be overruled; and thereupon on motion of the defendant by his Attorney the Court doth confirm said Report, and doth find from said Report that said defendant is indebted to said plaintiffs in the sum of One hundred and thirty five dollars and eighty 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.
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> Handwritten Page Number on Record Book: 91
**J. B. Alexander, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Affidavit of W. H. Barksdale filed.
**James Rourka, Plaintiff. vs. Mary Rourka, 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.
**Thomas L. Salisbury, Plaintiff. vs. Edward Wyman & Sanford B. Kellogg, Defendants.**
Judgment.
Now at this day comes said plaintiff by his attorney and dismisses this suit as to the defendant Sanford B. Kellogg, and it being made to appear to the satisfaction of the Court that the default entered against the defendant Edward Wyman at the last term of this Court was irregularly entered and ought to be set aside, said default on motion of plaintiff's attorney is now vacated and for naught held, and it further appearing that said defendant wyman has been duly served in time with a copy of the amended petition filed in this cause according to the direction of the Court, and that said Wyman has failed to appear and answer to the same, it is therefore, on motion of said plaintiff by his attorney, ordered by the Court that the said petition 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 has sustained damage by reason of the premises set out in his petition in the sum of Three hundred and forty seven dollars and seventy five cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the damages aforesaid inform aforesaid as found and also his costs and charges herein expended and have thereof execution.
**State to use Adam Worst, Plaintiff. vs. Benjamin B. Hicks, et. al. Defendant.**
Now at this day comes said plaintiff and files his motion for leave to amend his petition in the following manner, viz: "That the bond upon which this suit was brought and the other papers filed with the magistrate Liberty Waie Esquire, are not in his, the plaintiff's custody or within his control, the same having been lost or mislaid". And the Court having duly heard and considered said motion and being fully advised of and concerning the premises doth consider and adjudge that said motion be sustained, and that he have leave to amend his petition as therein asked.
**John G. Luce, Plaintiff. vs. Lorenzo P. Sanger, et. al. Defendants.**
Now at this day comes said plaintiff by his Attorney, and by leave of Court heretofore had, amends his petition by interlining after the word "on" in the ninth line from the bottom of the first page of his petition, the words" in pursuance of his sd. contract with defts." and by striking out in the fifty line from the bottom of the first page of his petition after the word "the" the word "wanton" and after the word "negligence" the words "and recklessness." And by striking out after the word "carelessly" in the last line of the first page of his petition, the words, "and welfully". And by interlining after the ward "disabled" in the fourteenth line of the second page of his petition, the words, "all of which occurred while Plf. was engaged in Defendants employ."
**Enoch C. Broun, Plaintiff. vs. Lorenzo P. Sanger, et. al Defendants.**
Now at this day comes said plaintiff by his attorney, and by leave of Court heretofore had, amends his petition by interlining after the word "on" in the seventh line from the bottom of the first page of his petition, the words, "in pursuance of his said contract with defendants." And by striking out after the word "the" in the next to the last line of the first page of his petition, the word "wanton", and by striking out after the word "and" in the last line of the first page of his petition, the word "recklessness", and by interlining after the word "life" in the sixteenth line of the second page of his petition the words," while engaged in Defts employ as aforesaid."
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> Handwritten Page Number on Record Book: 92
**John Ansted, Plaintiff. vs. Julius Winklemeyer, Defendant.**
Abstract of issues filed.
**Henry B. Warner & Sylvester E. Langden, Plaintiffs. vs. Lewis Jones & James Farrar Garnishees of John Delafied, Defendant.**
Judgment.
Now at this day come said plaintiffs and said garnishees by their respective Attorneys, and thereupon come also a Jury, viz: John W. Wills, A. H. Muller, Bernardine Florez, Joseph Belcher, Peter H. Weiser, Michael Plunkett, Francis Walter, John D. Crane, Will Voss, H. Lanham, & Nathan Allen, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, the trial progressed and being concluded, the Jurers aforesaid upon their oaths aforesaid find that said garnishees are indebted to said defendant John Delafield in the sum of One hundred and forty one dollars and ninety cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said garnishees the sum aforesaid in form aforesaid as found and have thereof execution.
**Frederick Gelfart, Egra O. English, Jacob Johann and John Burns, Plaintiffs. vs. John Stickel, 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 Two hundred and sixty nine dollars and seventy 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.
**Henry B. Warner & Sylvester E. Langden, Plaintiffs. vs. Edward W. Chase Garnishee of Lyman Mower, William Haslett & John Beakey, 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.
**David Y. Bridges, et. al. Plaintiffs. vs. John W. Hedenburg, Defendant.**
Abstract of issues filed.
**The Bank of the State of Missouri, Plaintiff. vs. John M. Krum, et. al. Garnishees, Defendant.**
Continued by consent.
**Morris Rosenheim, Plaintiff. vs. Alice Allen, Defendant.**
Continued.
**Robert Duncan, Plaintiff. vs. Michael Finnegan, 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 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 hundred dollars. It is therefore considered and adjudged by the Court that said plaintiff have and retain the possession of the property to him delivered at the commencement of this suit under the Order to that effect herein, and that he recover of said defendant the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
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**Viewer Page 100** (rcdbook1856_26_0099.jpg)
> Handwritten Page Number on Record Book: 93
The Court met pursuant to adjournment, Present as before.
**George Reinhardt, et. al. Plaintiffs. vs. Conrad Okel, et. al. Defendants.**
Demurrer filed.
**William Shepherd, et. al. Plaintiffs. vs. St. Charles Western Plank Road Company, Defendant.**
Motion for new trial filed, and by consent of defendant twelve days, additional time, is allowed plaintiffs to file affidavits in support of said motion.
**David Y. Bridges, et. al. Plaintiffs. vs. John W. Hedenburg, Defendant.**
Now at this day come the parties foresaid by their respective attorneys and thereupon come also a Jury, viz: James Ferguson, William Williamson, Peter Berger, Augustus H. Mueller, Francis Walter, William Ross, Nathan Allen, Michael Plunkett, Joseph Belcher, Bernardins Florez, Michael Downey & Peter H. Weiser, twelve good and lwful men, who being duly elected, tried and serom, the issues herein joined well and truly to try, the trial of this cause progressed and being concluded the Jury retire to consider of their verdict.
**Christina Owens, Plaintiff. vs. Elias Owens, 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 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 it is further considered and adjudged by the Court that said plaintiff have the care and custody of her infant child, "Darcus Jane" until the further order of the Court, and that she recover of said defendant her costs and charges herein expended and have thereof execution.
**William Brenmehl, Plaintiff. vs. Mary C. Brenmehl, Defendant.**
Divorce. Decree.
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 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 him contracted with said defendant and be restored to all the rights and priviliges of an unmarried person, and it is further considered by the Court that said plaintiff have the care and custody of his infant child "Anna." and that he pay the costs of this proceeding and that execution issue therefor.
**In the matter vs. Heinrich E. Hochheim.**
Habeas Corpus.
Petition filed and writ ordered to issue returnable at ten o'clock to-morrow morning.
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**Viewer Page 101** (rcdbook1856_26_0100.jpg)
> Handwritten Page Number on Record Book: 94
**William Parkinson, Plaintiff. vs. John Sigerson, Defendant.**
Now at this day comes said plaintiff by his attorney, and files a Remittitur for Eighty two dollars and eighty cents of the judgment herein.
**James Andrews, Plaintiff. vs. Barney M. Lynch, Defendant.**
Continued as on affidavit at costs of defendant.
**Esther Beer, Plaintiff. vs. John Beer, 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 the defendant and that execution issue therefor.
**Thomas D. Ford, Plaintiff. vs. Edward A. Lewis, et. al. Defendants.**
Continued.
**Alanson C. Stewart, et. al. Plaintiffs. vs. George S. Case, Defendant.**
Continued by consent.
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**Viewer Page 102** (rcdbook1856_26_0101.jpg)
> Handwritten Page Number on Record Book: 95
The Court met pursuant to adjournment, Present as before.
**Garret Worthington & Jacob Ensminger, Plaintiffs. vs. William N. Elliott, Thomas W. Elliott, & Turner Maddox, Defendants.**
Injunction.
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 the Injunction herein be and the same is hereby dissolved, and thereupon the defendants waiving a Jury submits this cause to the Court for assessment of damages by them sustained by reason of the Injunction herein, and the Court having duly heard and considered the same and being fully advised of and concerning the premises, doth assess such damages at the sum of Eighteen dollars and forty two cents. It is therefore considered and adjudged by the Court that said defendants recover of said plaintiffs the damages aforesaid in form a foresaid as assessed and also their costs and charges herein expended and have thereof execution.
**Christoph Frenz, Plaintiff. vs. Anna M. Frenz, Defendant.**
By consent, and on motion of the parties herein, it is ordered by the Court that this cause be referred to Robert R. Hennig to take the evidence herein; who will make report of his proceedings under this order to this Court with all convenient dispatch, for the further action of the Court thereon.
**David Y. Bridges & Daniel C. Chapman, Plaintiffs. vs. John W. Hedenburg surviving partner of John H. Russell, decd., Defendant.**
Judgment.
Now at this day come again the parties aforesaid by their respective Attorneys and the Jury sowrn and empannelled herein also come, and the Jury aforesaid upon their oaths aforesaid find for the plaintiffs in the sum of Eight hundred and sixty seven dollars and eighty five cents, damages. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the damages aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Matthew Rippey, Plaintiff. vs. Meyer Friede, Defendant.**
Now at this day come the parties aforesaid by their respective Attorneys and thereupon come also a Jury, viz: John Paul, Martin Naw, Charles Beng, Frederick W. Engle, Thomas D. Lanham, Samuel Johnson, Richard N. Locke, Charles Jeffars, Joseph D. Crane, William S. Branch, John W. Wills & Henry H. Ainsworth, twelve good and lawful men, who being duly elected, tried and sworn, the issues herein joined well and truly to try, the trial progressed and being concluded, 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 the non suit herein.
**In the matter of Heinrich E. Hochheim.**
Habeas Corpus.
Now at this day the siad Heinrich E. Hochheim being brought before the Court in compliance with the writ issued herein, the Court upon a hearing of the facts herein, doth order that said Heinrich E. Hochheim be remanded.
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**Viewer Page 103** (rcdbook1856_26_0102.jpg)
> Handwritten Page Number on Record Book: 96
**Joseph B. Wills, Plaintiff. vs. Daniel D. Page and Henry D. Bacon, Defendants.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and the defendants file a motion to suppress the depositions 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 said motion be overruled; and thereupon the 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 such proofs that said plaintiff has sustained damage by reason of the premises set out in his petition in the sum of Eighteen hundred and twenty dollars and fifty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution. Finding of the Court filed.
**Joseph R. Wendever, Plaintiff. vs. Isaac T. Wise, Defendant.**
Motion for Review & new trial filed.
**John W. Burd, Plaintiff. vs. Primus Emerson, Defendant.**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: Gottliel Ehman, John W. Wells, Charles Jeffers, Richard N. Locke, Samuel Johnson, John Paul, Martin Naw, Michael Downey, Frederick W. Engle, Nathan Allen, Thomas S. Lanham, and Joseph Belcher, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, 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.**
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 thereupon the defendant by his Attorney waives all claim for damages which he may have sustained by reason of the Injunction herein.
**Charles S. Hempstead. Plaintiff. vs. Thomas Hempstead's Admr., et. al. Defendants.**
Continued.
**Alanson C. Stewart, et. al. Plaintiffs. vs. George S. Case, Defendant.**
Continued by consent.
**John Ansted, Plaintiff. vs. Julius Winklemeyer, Defendant.**
Continued at costs of plaintiff.
**Joseph Meloan, et. al. Plaintiffs. vs. Reokuk Packet Company, Defendant.**
Continued as on affidavit at costs of plaintiffs.
**R. M. Mc. Alpin, Plaintiff. vs. Edmond Murphy, 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
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**Viewer Page 104** (rcdbook1856_26_0103.jpg)
> Handwritten Page Number on Record Book: 97
of this Court.
**John Mc. Dowell, et. al. Plaintiffs. vs. Francis A. Hunt, et. al. Defendants.**
Now at this day comes the Attorney for the plaintiffs and suggests to the Court that since the commencement of this suit William Mc. Dowell one of the plaintiffs herein has departed this life, and thereupon John Mc. Dowell Executor of said William Mc. Dowell deceased, enters his appearance as a party plaintiff herein.
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**Viewer Page 105** (rcdbook1856_26_0104.jpg)
> Handwritten Page Number on Record Book: 98
The Court met pursuant to adjournment, Present as before.
**Marie Josephine Wynekus, Plaintiff. vs. Avin Wynekus, 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 in the Missouri Republican, a newspaper printed in the City of St. Louis, 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 Country 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.
**William Wade, et. al. Plaintiffs. vs. Eleazer J. Beard, et. al. Defendants.**
And now come the said parties by their respective counsel, and the motion of the plaintiffs to strike out certain portions of the original and amended answers herein, having been duly considered by the Court, the said motion is sustained, except only as to that portion of the original answer on the first page, in the following words. "and the said defendants thereupon, without any consideration, (the said Latourette not being found, and there being no mututality of agreement.") as to which the same is overruled. Leave is given to defendants on or before the first day of next term to file amended answer, and this cause is continued until [to ?] the next term of this Court. Bill of Exceptions filed.
**Luther M. Shreve, Plaintiff. vs. Frederick W. Ingle, et. al. Defendants.**
The Court having duly heard and considered the demurrer herein and being fully advised of and concerning the promises, doth consider and adjudge that said demurrer be sustained. Leave is given said plaintiff to amend his petition herein by dismissing the same as to defendant Christian Kribben, and leave is given defendants Ingle & Lich to answer herein within three days.
**George W. Cline & William C. Jamison, 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 set out in their petition in the sum of Six hundred and seventy four dollars. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the damages aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Frederick Meyer, et. al. Plaintiffs. vs. George W. Fisher, et. al. Defendants.**
Continued on affidavit at costs of plaintiffs.
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**Viewer Page 106** (rcdbook1856_26_0105.jpg)
> Handwritten Page Number on Record Book: 99
**David Y. Bridges, et. al. Plaintiffs. vs. John W. Hedenburg, Defendants.**
Bill of Exceptions filed.
**Matthew Rippey, Plaintiff. vs. Meyer Friede, Defendant.**
Motion to set aside non suit filed.
**Robert C. Thurman, Plaintiff. vs. 181. Daniel D. Page, et. al. Defendants.**
Abstract of issues filed.
**Robert C. Thurman, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Abstract of issues filed.
**Joseph Charless, Plaintiff. vs. David Rankin, Defendant.**
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 and being fully advised of and concerning the premises, 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, true and complete Transcript of the Record and Proceedings herein.
**Michael Haley, Plaintiff. vs. The Pacific Rail Road, Defendant.**
Dismissal.
On motion of the plaintiff by his Attorney it is ordred by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor. Leave is given the plaintiff to withdraw the exhibits filed herein by him upon his leaving a receipt for the same.
**John W. Burd, Plaintiff. vs. Primus Emerson, 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 thereupon the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Six hundred and eighty three dollars and seventy five cents, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**John B. Perkins, Plaintiff. vs. Edward Chase, Wisley Nichols. & Isaac W. Pollard, Defendants.**
Now at this day comes said plaintiff by his Attorney, but said defendant Edward Chase 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 as to the said defendant Edward Chase, 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 sixty three dollars and fifty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant he debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution, and thereupon the defendants Wesley. Nichols and Isaac W. Pollard come by their Attorneys, and thereupon come also a Jury, viz: James Ferguson, William Williamson, Nathan Allen, Nehemiah Wyman, H. H. Ainsworth, Francis Walser, Peter Berger, Joseph D. Crane, Augustus H. Mueller, Peter H. Weiser, Bernardins Florez, & Michael
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**Viewer Page 107** (rcdbook1856_26_0106.jpg)
> Handwritten Page Number on Record Book: 100
Plunkett, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, 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 Mathews. Plaintiff. vs. Secrates Newman Garnishee, Defendant.**
Continued.
**The Manufacturer's & Farmer's Bank of Wheeling, Plaintiff. vs. Daniel D. Page, Henry D. Bacon, Edward Wyman & Thomas Brown, 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 promises set out in its petition in the sum of Three hundred and ninety seven dollars and thirty four cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the damages aforesaid in form aforesaid as found and also its costs and charges herein expended and have thereof execution. Finding of the Court filed.
**Charles W. Barup, Charles H. Oakes, Alexander Faribault, & Napoleon G. J. Dana. Plaintiffs. vs. Daniel D. Page, Henry D. Bacon, Edward Wyman & Thomas Brown, 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 plaintiffs have sustained damage by reason of the premises set out in their petition in the sum of Four hundred and twenty two dollars and sixty three cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the damages aforesaid in form aforesaid as found and also their cots and charges herein expended and have thereof execution. Finding of the Court filed.
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**Viewer Page 108** (rcdbook1856_26_0107.jpg)
> Handwritten Page Number on Record Book: 101
The Court met pursuant to adjournment, Present as before.
**John B. Perkins, Plaintiff. vs. Edward Chase, Wesley Nichols & Isaac W. Pollard, Defendants.**
Now at this day come again said plaintiff and said defendants Nichols & Pollard, and the jury sworn and empannelled herein also come, and thereupon the trial progressed and being concluded the jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Two hundred and sixty three dollars and fifty cents, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution. Motion for new trial filed.
**David Y. Bridges, et. al. Plaintiffs. vs. John W. Hudenburg, Defendant.**
Motion for a new trial filed.
**George G. Presbury, et. al. Plaintiffs. vs. Leander Lawrence, Defendant.**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: John W. Wells, John Paul, Joseph Belcher, William Voss, William Williamson, Charles Jeffers, Samuel Johnson, Joseph D. Crane, Frederick W. Engle, Martin Waw, Charles Borg & Michael Douney, twelve good and lawful men who being duly elected, tried and sworn the issues herein joined well and truly to try the trial of this cause progressed but not being concluded as the hour of adjournment further proceedings herein are continued until Monday morning.
**Henry C. Stochs, Plaintiff. vs. Christian Schumacher, et. al. Defendants.**
Continued.
**Henry B. Warner, et. al. Plaintiff. vs. Lewis Jones, et. al. Garnishees. Defendants.**
Motion for a new trial filed.
**William W. Walker, Plaintiff. vs. Daniel J. Rawlings, Defendant.**
Answer filed.
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**Viewer Page 109** (rcdbook1856_26_0108.jpg)
> Handwritten Page Number on Record Book: 102
The Court met pursuant to adjournment, Present as before.
**George G. Presbury & Marcus A. Wolf, Plaintiffs. vs. Leander Lawrence, Defendant.**
Non Suit.
Now at this day come again the parties aforesaid by their respective Attorneys, and the Jury sevorn and empannelled herein also come, and thereupon 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.
**Caroline L. Beach, Plaintiff. vs. Rosevell Beach, Defendant.**
Divorce. Decree.
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 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; it is further considered and adjudged by the Court that said plaintiff have the care and custody of her three infant children, viz: William Henry Beach, Caroline A. Beach, & Lewis B. Beach, until the further order of the Court, and that she recover of said defendant her costs and charges herein expended and have thereof execution.
**Joseph B. Wells, Plaintiff. vs. Daniel D. Page, 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 consider and adjudge that said motion be overruled.
**Marris Langherne Sr., et. al. Plaintiffs. vs. Joseph S. Papin, et. al. Garnishees of Francis & Walton, Defendants.**
Continued as on affidavit as costs of plaintiffs.
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**Viewer Page 110** (rcdbook1856_26_0109.jpg)
> Handwritten Page Number on Record Book: 103
The Court met pursuant to adjournment, Present as before.
**Presley Athey, Plaintiff. vs. David R. Risley, 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.
**Robert Peyinghaus, Plaintiff. vs. James Conran, 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.
**Grand Lodge of Missouri of Independent Order of Odd Fellow, Plaintiff. vs. Giles F. Filley garnishee of Lysander B Trafton, Defendant.**
Judgment.
Now at this day come said plaintiff and said garnishee by their respective attorneys and consent and agree that the Court may under judgment in favor of said plaintiff and against said garnishee for the sum of Three hundred and twenty seven dollars and fifty seven cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said garnishee the sum aforesaid in form aforesaid as agreed and have thereof execution: and the Court allows said garnishee the sum of Ten dollars for his trouble and expense in answering herein, to be taxed as costs herein.
**Luther M. Shreve, Plaintiff. vs. Frederick W. Ingle, George Lich & Christian Kribben, Defendants.**
Judgment.
Now at this day comes said plaintiff by his Attorney and by leave of Court heretofore had amends his petition herein by dismissing the same as to the defendant Christian Kribben, and the defendants Frederick W. Ingle & George Lich having failed to answer herein within the time allowed them so to do, it is therefore, on motion of said plaintiff by his Attorney, considered 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 proofs and the Court having duly heard and considered the same, doth find from such proofs that said [defenda ?] plaintiff has sustained damage by reason of the premises set out in his petition in the sum of Five hundred and sixteen dollars and 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 his costs and charges herein expended and have thereof execution.
**James O. Carson, et. al. Plaintiffs. vs. Steam Boat "Elephant." Defendant.**
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.
**George G. Presbury, et. al. Plaintiffs. vs. Leander Lawrence, Defendant.**
Motion to set aside non suit filed.
**Manufacturer's & Farmer's Bank of Wheeling, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Motion for Review filed.
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**Charles W. Borup, et. al. Plaintiffs. vs. Daniel D. Page, et. al. Defendants.**
Motion for Review filed.
**Charles Jeffars, Plaintiff. vs. William Cranston, et. al. Defendants.**
Motion for an order to compel the production of papers filed.
The Court met pursuant to adjournment, Present as before.
**Grand Lodge of Missouri of Independent Order of Odd Follows, Plaintiff. vs. Giles F. Filley garnishee of Lysander B. Trafton, Defendant.**
Satisfaction.
Now at this day comes said plaintiff by its attorney, and acknowledges to have received full and entire satisfaction of the judgment undered herein.
**William F. Lynch, Plaintiff. vs. Jonathan Penrod, Defendant.**
Answer filed.
**Julian Gamache, Plaintiff. vs. Christian Grimm, et. al. Defendants.**
Amended Answer filed.
**George B. Murray, Plaintiff. vs. Conrad Rapps, 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 in the Missouri Democrat, a newspaper printed in the City of St. Louis, 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 four hundred and seventeen dollars, due upon a note executed by said defenant to Jacob Wilder on the 17th July 1856, payable ninety days after date, 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 Country of St. Louis in the State of Missouri on the second Monday in March next, and on or before the third day of said term answer the petition of said plaintiff the same will be taken against him as confessed, judgment undered against him and his property sold to satisfy the same.
**John B. Perkins, Plaintiff. vs. Edward Chase, et. al. Defendants.**
Motion and affidavit by defendant Pollard for new trial filed.
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**William N. Walker, Plaintiff. vs. Daniel T. Rawlings, Defendant.**
Motion for security for costs filed.
The Court met pursuant to adjournment, Present as before.
Robert M. V. Kercheval, 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 slaves, viz: Harriet or Margaret a dark mulatto negross, about thirty three years of age, and her three children, viz: Emily, a dark mulatto girl, aged about ten years: Louisa, a bright mulatto girl, aged about seven years, and Molly, a bright mulatto girl, aged about four years.
**George Bailey, Plaintiff. vs. Dalney Carr, 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 Connecticut.
**Charles F. Joy, surviving &c. Plaintiff. vs. M C. Cooley, Defendant.**
On motion of the defendant by his Attorney leave is given him to withdraw the depositions taken herein by him, upon his leaving a receipt with the Clerk for the same.
**Julian Gamache, Plaintiff. vs. Christian Grimm, et. al. Defenants.**
Now at this day come the parties herein by their respective Attorneys, and thereupon come also a Jury, viz: C.D. Browner, Thomas Russell, Samuel Treadway, John Martin, Frederick Dieckman, William L. Branch, G. D. Diamond, John W. Russell, John A Pratt, David S. Jamison, Peter L. Stutzman, & James Fischer, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, the [issais ?] trial of this cause progressed but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
**Pirre Chouteau Jr, et. al. Plaintiffs. vs. James B. Harris, et. al. Defendants.**
On motion of the plaintiffs by their Attorney leave is given them to withdraw the depositions taken herein on their part and also the contract on which this suit is founded, upon leaving a receipt for the same.
**In the matter of the assignment of Francis Timmerman,**
Claim of Woods, Christy & Co. presented to William Muir assignee of Francis Timmerman and before his decision at their request certified to the Circuit Court of St. Louis County.
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**Thomas K. Flanagan Curator of Andrew Kelly, deceased, Plaintiff. vs. John Cox Administrator of Andrew Kelly, deceased, Defendant.**
Appeal. 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 defendant. It is therefore considered and adjudged by the Court that the application of the said plaintiff in this behalf be and the same is hereby overruled, and that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended. Finding of the Court filed.
**John C. Barbe, Plaintiff. vs. Mary Ann Barbe, Defendant.**
Order of Publication.
It appearing to the satisfaction of the Court from the affidavit of said plaintiff that said defendant is a non esident 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 in the St. Louis Intelligencer, a newspaper printed in the City of St. Louis, that said plaintiff has instituted suit against her in the St. Louis Circuit Court, the object of which is to obtain a dinner from her 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 the City of St. Louis within and for the Country 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.
**Rebecca Renton, Plaintiff. vs. Douglass Renton, 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 ths Order in the St. Louis Intelligencer, a newspaper printed in the City of St. Louis, 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 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.
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The Court met pursuant to adjournment, Present as before.
**James F. Glenn, Plaintiff. vs. William E.Saltmarsh, et. al. Defendants**
Exceptions to Report of Referees filed.
**Andrew Kelly's Curator, Plaintiff. vs. Andrew Kelly's Admr., Defendant.**
Motion for Review filed.
**William Shepperd, et. al. Plaintiffs. vs. St. Charles Western Plank Road Co. Defendant.**
Affidavit in support of motion for new trial filed.
**Nathan H. Stockwell, Plaintiff. vs. Luther Woods, Defendant.**
On motion of the plaintiff by his Attorney, it is ordered by the Court that the "Finding of the Court" herein, be filed [now, ?] nunc pro tune, as of 4th December 1856, which is accordingly done.
**Edward Rose & Margaretha Rose, his wife, Plaintiffs. vs. Matthias Steitz & Bartholomen Rice Executors of Isaac Mc. Hose, deceased: & Mary Ann Mc. Hose Widow and devisee of Isaac Mc. Hose, deceased. Defendants.**
Appeal. Judgment.
Now come the said parties by their Attorneys and waiving a Jury submit this cause to the Court upon an agreed statement of facts. And thereupon the said statement being seen and fully understood, it is considered by the court that the said Edward Rose and wife take nothing by their said petition and appeal, but that the prayer thereof be denied and the said Appellants go thereof without day. And for that it appears to the Court here from the record of the St. Louis Probate Court, that the said executors of the said Isaac Mc. Hose did retain in their hands during the pendency of said appeal, assets belonging to the estate of said Isaac Mc. Hose of the value of four thousand two hundred and eight dollars and two and one half cents which fund, by the determination of said appeal is now liberated. It is therefore on motion of said Mary Ann Mc. Hose widow of Isaac Mc. Hose, ordered adjudged and decreed that the said Matthias Steitz & Bartholomen Rice Executors of Isaac Mc. Hose do pay and deliver to the said Mary Ann Mc. Hose the said assets so by them retained under the order of said Probate Court. It is further considered that said Matthias Steitz, Bartholmew Rice and Mary Ann Mc. Hose recover of the said Edward Rose & wife their costs and charges by them in this behalf expended and have thereof execution. Motion for Review filed, 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. Bill of Exceptions filed.
**John Wisley, Plaintiff. vs. Michael Dufenbach, et. al. Defendants.**
Continued as on affidavit at costs of defendants.
**Luther M. Shreve, Plaintiff. vs. Frederick W. Ingle, et. al. Defendants.**
Motion and reasons for new trial filed.
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**Julien Gamache, Plaintiff. vs. Christian Grimm & John Steffenaner, Defendants.**
Judgment.
Now at this day come again the parties aforesaid by their [aforesaid ?] 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 by [by their us ?] find for the plaintiff in the sum of Six hundred and eleven dollars and sixty seven cents, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the damages 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 Frissell, et. al. Defendants.**
In Partition.
Now at this day comes Charles D. Drake and files his fourth Report as Commissioner herein, showing the payments made by him to the parties herein in pursuance of the order of payment made on the eighth day of February Eighteen hundred and fifty six, and moves the Court to confirm the same, and the Court having examined said report, and the vouchers therewith filed, doth ascertain and adjudge that said Drake has paid the sums of money to the several parties named in said order of payment, as therein directed: it is therefore ordered and adjudged by the Court that said report of said commissioner be approved and confirmed.
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The Court met pursuant to adjournment, Present as before.
**Christoph Frenz, Plaintiff. vs. Anna M. Frenz, Defendant.**
Report of Referee filed.
**Price, Frost & Co. Plaintiffs. vs. D. T. Wheeler & Co. Defendants.**
Amended Petition filed.
**John Knauer, Plaintiff. vs. Charles Blank, Defendant.**
On motion of the plaintiff by his Attorney, further time, until Wednesday next, the 24th instant, is allowed him to give security for costs herein.
**John Brent by Guardian &c. Plaintiff. vs. Pierre C. Grace's Admr. Defendant.**
Answer filed.
**Robert Brent by Guardian &c. Plaintiff. vs. Pierre C. Grace's Admr. Defendant.**
Answer filed.
**Timothy L. Papin, et. al. Plaintiffs. vs. Pierre C. Grace's Admr. Defendant.**
Answer filed.
**Jane Brent by Guardian &c. Plaintiffs. vs. Pierre C. Grace's Admr. Defendant.**
Answer filed.
**In the matter of the assignment of Osoborne, Camp & Co.**
Answer of Assignee to Citation filed.
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The Court met pursuant to adjournment, Present as before.
**Isaac Shook, Plaintiff. vs. Diadim Shook, 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 in the St. Louis Intelligencer, a newspaper printed in the City of St. Louis, that said plaintiff has instituted suit against her in the St. Louis Circuit Court, the object of which is to obtain a divorce from her on the ground of adultery, 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.
**Julian Gamache, Plaintiff. vs. Christian Grimm, et. al. Defendants.**
Motion for new trial filed.
**James F. Glenn, Plaintiff. vs. William E. Saltmarsh, et. al. Defendants.**
And now come the said parties by their respective counsell and the motion of the plaintiff for the confirmation of the report of the Referees filed herein, as well as the exceptions of the defendants to the said report being argued and submitted to the Court; and forasmuch as it appears to the Court that the reference taken by the said parties, by consent, was irregularly taken in this, that the issues in the cause had not been determined and as yet remain open and undecided, the Court doth order that this cause be placed on the trial docket of this term, for the purpose of determining the said issues and settling the principles upon which a reference shall be had, (if a reference shall finally be ordered,) previous to any action to be taken by the Court upon said motion for confirmation and said exceptions.
**Francis Charleson, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
Upon Interpleader of Francis A. Hunt.
The Court having duly heard and considered the motion for a new trial in the Interpleader cause herein, and being fully advised of and concerning the promises, doth consider and adjudge that said motion be overruled.
**William Shepperd, et. al. Plaintiffs. vs. St. Charles Western Plank Road Co. Defendant.**
Affidavit of Overall and affidavit of Mc. Dearmon for defendant filed.
**Nathan H. Stockwell, Plaintiff. vs. Luther Woods, 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 a overruled.
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**Edward Rose, et. al. Plaintiffs. vs. Isaac Mc. Hose's Ers., &c. Defendants.**
Affidavit for appeal filed, and on motion of the plaintiffs by their attorney and appeal is granted them to the Supreme Court from the judgment herein, and thereupon Edward Rose as principal, and Louis Winklemier and Jacob E. Decker as securities, herein Open Court, acknowledge themselves to owe Matthias Steriz & Bartholomew Rice Executors of Isaac Mc. Hose, deceased, and Mary Ann Mc. Hose widow and devise of Isacc Mc. Hose, deceased, the sum of Two hundred 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 diligince 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.
The Court met pursuant to adjournment, Present as before.
**William Sheperd, et. al. Plaintiffs. vs. St. Charles Western Plank Road Co. 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.
**Robert L. Fabian, Plaintiff. vs. Francis A. Hunt, 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.
**David Y. Bridges, et. al. Plaintiffs. vs. John W. Hedenburg, 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 sustained, and that a new trial be had herein at the next term of this Court.
**James Graham, Plaintiff. vs. Jacob Ingraham, Defendant.**
Affidavit in support of motion for new trial filed; and by leave of Court defendant amends his motion for a new trial herein by adding an additional clause thereto.
**George G. Presbury, et. al. Plaintiffs. vs. Leander Lawrence, 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 said motion
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be overruled.
Griffin Brander, who is identity is proven to the satisfaction of the Court, by the testimony of William J. Lewis & Ashton P. Johnson, two credible witnesses: comes into Open Court and acknowledges the execution by him of three several Deeds of Emancipation; one to his wife Catharine Brander, a mulatto woman, and will be thirty nine years of age in October 1857: one to his daughter Lucy Ann Brander, who is of copper color and was thirteen years old on 19th May 1856: and one to his daughter Mary Ellen Brander, who is of coper color and was born on the 21st day of June 1845.
**Joseph Street & Francis Kintz, Plaintiffs. vs. John Bray, Defendant.**
The Court having duly heard and considered the motion to set aside the judgment herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained, and thereupon come the parties herein by their respective attorneys and consent and agree that the Court may under judgment in favor of said plaintiffs and against said defendant for 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 as agreed and also their costs and charges herein expended and have thereof execution.
**Alexander Zeigler, Plaintiff. vs. Turner Maddox, 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 statement of facts filed herein, and the Court having duly heard and considered the same and being fully advised of and concerning the premises, doth find from such statement of facts 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 considered and adjudged by the Court that said plaintiff have and retain possession of the property delivered to him at the commencement of this suit under the order to that effect herein, and that he recover of said defendant the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution. Finding of the Court filed. Motion for Review filed.
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The Court met pursuant to adjournment, Present as before.
**Henry B. Warner, et. al. Plaintiffs. vs. Lewis Jones, et. al. garnishees, 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.
**Joseph R. Wendover, Plaintiff. vs. Isaac T. Wise, 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 said motion be overruled.
**Charles Jeffars, Plaintiff. vs. William Cranston, et. al. Defendants.**
Affidavit in support of motion for production of papers in possession of defendant Cranston, filed.
**Daniel C. Michael, Plaintiff. vs. Isaac T. Wise, 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 sustained, and that a new trial be had herein at the next term of this court.
**Joseph B. Wells, Plaintiff. vs. Daniel D. Page, 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 consider and adjudge that said motion be overruled.
**James Graham, Plaintiff. vs. Jacob Ingraham, 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 sustained, and that, if the plaintiff so elect, a new trial be had herein during the present term of this court: and that the defendant pay the costs herein accrued during the present term of this court.
**Matthew Rippey, Plaintiff. vs. Meyer Friede, 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 said motion be overruled.
**Andrew Kelly's Curator, Plaintiff. vs. Andrew Kelly's Admr., 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 said motion be overruled.
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**John B. Perkins, Plaintiff. vs. Edward Chase, et. al. Defendants.**
The Court having duly heard and considered the motions for a new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motions be overruled.
**Charles W. Bourp, et. al. Plaintiffs. vs. Daniel D. Page, 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 consider and adjudge that said motion be overruled.
**Manufacturer's & Farmer's Bank of Wheeling, Plaintiff. vs. Daniel D. Page, 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 consider and adjudge that said motion be overruled.
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The Court met pursuant to adjournment, Present as before.
**Christoph Frenz, Plaintiff. vs. Anna Maria Frenz, Defendant.**
Judgment.
And now come the said parties by their respective Attorneys, and by consent this cause is submitted to the Court for trial, upon the pleadings and proofs, from which is appearing to the Court, and the Court so finding, that the said plaintiff intermarried with the defendant at the time in the petition in that be half mentioned, and that the said parties continued to live together as man and wife until some time in the month of May 1855, when they separated, by mutual consent, and have not lived together since. That by the said marriage the said parties had one child, now about five years old, as stated in the petition. And the Court further finding that neither of the said parties has been guility of adultery, as alleged respectively in the plaintiff's petition and the defendant's answer, and that neither has offered to the other such indignities as to render his or her condition intolerable, as alleged in the said petition and answer; the Court doth therefore order, adjudge and decree that the prayer as well of the plaintiff as of the defendant, for a divorce, be and the same is accordingly hereby overruled, and the plaintiff's petition is dismissed at his costs. And it is further ordered and adjudged that the said plaintiff have the care and custody of the said child. And as to so much of the defendant's prayer in her answer contained as seeks an allowance of alimony, farasmuch as the said parties separated by mutual consent, as aforesaid, and have since then continued to live separately and apart without just or good cause, and there being no evidence to satisfy the Court that the plaintiff has failed or refused to maintain and provide for the defendant, or that the defendant is in need of such allowance of alimony, the said prayer of the defendant is overruled: without prejudice to any future rights the defendant may acquire to an allowance of alimony, [on ?] should she in good faith offer to live again with the plaintiff, as his wife, and the plaintiff should without good cause refuse to receive and live with her, and also refuse or neglect to maintain and provide for her. Motion for new trial filed.
**James M. Blackwell, et. al. Plaintiffs. vs. Samuel Jacks, et. al. Defendants.**
On motion of the plaintiffs by thier attorney, ten days, additional time, is allowed them to file Interrogatories against the garnishees herein.
**Susan C. Heisick, Plaintiff. vs. George Heisick, Defendant.**
Motion for leave to amend prayer & for Order of Alimony filed.
**Ann Holly, Plaintiff. vs. William Holly, Defendant.**
On motion of the plaintiff by her Attorney, it is ordered by the Court that an Alias Summons issue herein returnable to the next term of this Court.
**Florentine Perrault, Plaintiff. vs. Daniel Perrault, 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 the defendant and that execution issue therefor.
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**Alexander Mc. Elhinney, Plaintiff. vs. George W. Loper, Defendant.**
Agreement filed, and continued by consent.
**Jonathan Jones, Plaintiff. vs. Anton Wiseman, et. al. Defendants.**
Continued on affidavit at costs of plaintiff.
**The State of Missouri, Plaintiff. vs. George Phegley, et. al. Defendants.**
Seire facias on Recognizance.
On motion of the Circuit Attorney, who prosecutes for the State, it is ordered by the Court that an Alias Seire facias issue herein returnable to the next term of this Court.
**The State of Missouri, Plaintiff. vs. William Burke, et. al. Defendants.**
Seire facias on Recognizance.
On motion of the Circuit Attorney, who prosecutes for the State, it is ordered by the Court that an alias seire facias issue herein, returnable to the next term of this court.
**John Knauer, Plaintiff. vs. Charles Blank, Defendant.**
Continued by consent.
**Augustus C. Erfors, et. al. Plaintiffs. vs. William Meyer, et. al. Defendants.**
Now at this day come the plaintiffs by their Attorney and dismiss this suit as to the defendant Ties; but the defendant William Meyer 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 plaintiff be taken against said defendant as confessed.
**John M. Owen & William S. Hopkins, Plaintiffs. vs. Samuel Jacks, Raphael Keiler & Adolph Isaacs, 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. Leave is given said plaintiffs to withdraw the notes on which this suit is founded.
**James Woods, William T. Christy, Robert K. Woods, William T. Gentry & James Woods, Jr. Plaintiffs. vs. William Muir Assignee of Francis Temimermann, Defendants.**
Now at this day come the parties herein by their respectie Attorneys, and thereupon, by consent, the following issue is submitted to the Jury with a reservation of the question, to be determined by the Court, as to whether or not the claim of Woods, Christy & Co. if established, shall be ordered to be paid, in any part, by the Assignee, viz: Whether the note filed was executed for a debt due to Woods, Christy & Co. and is really due to them, and thereupon come a Jury, viz: Hartman Mueller, Adolph Graser, James Mc. Gee, John H. Bowen, Pierre Gamache, Hyacinth Pigeon, Nicholas Berg, Peter L. Stutzman, Peter Berger, Allen Mc. Elhinney, John Mound & Samuel Johnes, twelve good and lawful men who being duly elected, tried and sworn the issue herein joined well and truly to try, the trial progressed and being concluded the Jury aforesaid upon their oaths aforesaid find that the note in question was executed for a debt due to Woods, Christy & Co. and is due to them and is now their property.
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The Court met pursuant to adjournment, Present as before.
**William Heintz, Plaintiff. vs. Mary Heintz, Defendant.**
Continued.
**James E. Bouldin, Plaintiff. vs. Daniel D. Page, Henry D. Bacon, Defendants.**
Satisfaction.
Now at this day comes Peter N. Ham Attorney of Samuel L. M. Barlow, Assignee of Plaintiff herein, and acknowledges to have received full and entire satisfaction of the judgment rendered herein.
**George W. Ewing, Plaintiff. vs. Daniel D. Page, Henry D. Bacon, Defendants.**
Satisfaction.
Now at this day comes Peter N. Ham, Attorney of Samuel L. M. Barlow. Assignee of Plaintiff herein, and acknowledges to have received full and entire satisfaction of the judgment rendered herein.
**George B. Michael, Plaintiff. vs. John S. Watson, Defendant.**
Judgment by 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 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, 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 Twenty one hundred and thirty eight dollars and forty two cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution against the property attached under the writ of attachment herein.
**John J. Anderson, Plaintiff. vs. Jonathan H. Jackson, et. al. Defendants.**
Motion to strike out parts of defendants Answer filed.
**Daniel Brady, Plaintiff. vs. Patrick Conway, Defendant.**
Continued by consent.
**James Harrison, Plaintiff vs. Andrew J. Binson, et. al. Defendants.**
Continued by consent.
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> Handwritten Page Number on Record Book: 118
**William F. Lynch, Plaintiff. vs. Jonathan Penrod, Defendant.**
On motion of the plaintiff by his attorney, leave is given him to file an amended petition herein at any time during the present term of this Court, a copy of the same to be served upon the defendant, and this cause is continued at the costs of the Plaintiff.
**James S. Mc. Lain, Plaintiff. vs. Pleasant Devinney, et. al. Defendants.**
Continued at costs of plaintiff.
**Charles L. Kuhne, Plaintiff. vs. Dorothea Zurstrasser, et. al. Defendants.**
Non Suit.
Now at this day cause being called for trial said plaintiff although duly called, comes not, wherefore, on motion of said defendants by their attorney, it is ordered by the Court 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 their costs and charges herein expended and have thereof execution. By consent o parties it is ordered by the Court that the above non suit be and the same is hereby set aside, and this cause is continued in the next term of this Court.
**Charles W. Newton, Plaintiff. vs. John W. Spalding, Defendant.**
Motion for rule to take depositions on short notice 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 ; and on motion of the defendant by his attorney, it is ordered by the court that a Dedimers issue herein on the part of said defendant to the State of Louisiana.
**James B. Eads, William S. Nelson, Carter C. Williams & William S. Patrick, Plaintiffs. vs. The Steam Boat "Daniel G Taylor", 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 therefore.
**Nicholas Franck, Plaintiff. vs. Franz Nassal, Defendant.**
Continued as on affidavit at costs of defendant.
**James Woods, William T. Christy, Robert K. Woods. William T. Gentry & Joseph Woods Jr. Plaintiffs. vs. William Muir assignee of Francis Timmerman, Defendant.**
Now at this day the plaintiffs' motion for an order on the said muir as assignee of said Timmerman to allow against the effects of said Timmerman a demand in their for our amounting to the sum of Seventeen hundred and forty dollars and thirty four cents, and to pay out of said effects to the plaintiffs on said demand a dividend according to the several other demands allowed by the said assignee, coming on to be heard by consent of parties, after hearing the proofs of the respective parties and the argument of counsel, it is considered by the court that the said motion be sustained, and it is order by the court that the said muir allows assignee as aforesaid against the effects of said Timmerman in favor of said plaintiffs the said sum of Seventeen hundred and forty dollars and thirty four cents, and it is further ordered that said muir pay the plaintiffs on said demand out of the effects of said Timmerman a dividend in proportion to the other demands allowed against said effects and also their costs in this behalf laid out and expended.
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> Handwritten Page Number on Record Book: 119
**Christopher Crone, et. al. Plaintiffs. vs. Thomas A. Pickering & Howard M. Churchill, 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 in the Missouri Democrat, a nespaper printed in the City of St. Louis, 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 Thirty three hundred and fifty dollars, on account of damages sustained by plaintiffs, in the injury of horses and omnibuses of plaintiffs, through the carelessness and neglegince of defendants and their servants, and 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 sixthday of said term answer the petition of said plaintiffs, the same will be taken against them as confessed.
**Pauline Nowak, Plaintiff. vs. John Nowak, 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 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 priviliges of an unmarried person, and recover of said defendant her costs and charges herein expended and have thereof execution.
**Anthony S. Robinson Cashier of the Bank of the State of Missouri, Plaintiff. vs. Christopher C. Mc. Lure Administrator of John Sparks, deceased. Defendant.**
Judgment.
Now at this day comes said plaintiff by his Attorney, defendant coming not, and waiving a Jury exhibits to the Court his demand against the estate of said John Sparks, and the Court having duly heard and considered the same and the proofs thereon, doth find that said defendant is indebted to said plaintiff in the sum of Twenty one hundred and forty two dollars and seventy right 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 that the said claim be placed in the fifty class of claims allowed against the estate of the said John Sparks deceased, and that this cause be certified to the St. Louis Probate Court to be proceeded in according to the statute case made and provided.
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> Handwritten Page Number on Record Book: 120
The Court met pursuant to adjournment, Present as before.
**Thomas A. Harrow, Plaintiff. vs. Frank Field, Defendant.**
On motion of the plaintiff by his Attorney, it is ordered by the Court that a Dedimers issue herein on the part of said plaintiff to the State of Indiana.
**John S. Moore, Plaintiff. vs. John Parry, Defendant.**
Continued.
**David T. Wheeler, Plaintiff. vs. S. B. Bullock, Defendant.**
Continued as costs of plaintiff.
**Price, Frost & Co. Plaintiffs. vs. D. J. Wheeler & Co. Defendants.**
Continued at costs of plaintiffs.
**Theodora Franenfelder, Plaintiff. vs. Conrad Franenfelder, Defendant.**
Default.
Proof of Publication filed, and now at this day comes said plaintiff by attorney, but said defendant although duly notified and called, comes not but makes default, wherefore on motion of said plaintiff by Attorney it is considered 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.
**James Syme, et. al. Plaintiffs. vs. The Steam Boat "Indiana", Defendant.**
Now Suit.
Now at this day this cause being called for trial said plaintiffs although duly called come not, wherefore on motion of said defendant by its 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 its costs and charges herein expended and have thereof execution.
**Louis A. Benorist, et. al. Plaintiffs. vs. 210. Dominick J. Childs, et. al. Defendants.**
On motion of the defenants by their Attorney, it is ordered by the Court that a Dedimus issue herein on the part of said defendants to the State of Kentucky.
**Louis A. Bennist, et. al. Plaintiffs. vs. 211. Dominick J. Childs, et. al. Defendants.**
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 Kentucky.
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> Handwritten Page Number on Record Book: 121
**Eliza R. Mc. Cormick, Plaintiff. vs. William Mc. Cormick, Defendant.**
Order of Publication.
It appearing to the satisfaction of the Court from the affidavit of said plaintiff, that said defendant is a nonresident of the State of Missouri and cannot be served with provess, 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 in the Missouri Republican, a newspaper printed in the City of St. Louis, that said plaintiff has instituted against him in the St. Louis Circuit Court, the object of which is to obtain a divorce from him on the grounds of adultery 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 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 his as confessed.
**Charlotte Smith, Plaintiff. vs. William Smith, 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 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.
**State of Missouri to the use of Richard H. Cole Assignee of John Ramsey Assignee of Daniel D. Page & Honey D. Baem, being the firm of Page & Bacon. Plaintiff.**
Non Suit.
Now at this day this cause being called for trial, said plaintiff although solemon - by 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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> Handwritten Page Number on Record Book: 122
The Court met pursuant to adjournment, Present as before.
**Christoph Frenz, Plaintiff. vs. Anna M. Frenz, Defendant.**
Supplemental motion for Review & new trial filed.
**James Syme, et. al. Plaintiffs. vs. Steam Boat "Indiana", Defendant.**
Motion to set aside non suit filed, and affidavit in support of motion to set aside non suit filed.
**Michael Murphy, Plaintiff. vs. Archie Campell, et. al. Defendants.**
Continued.
**David H. Evans, Plaintiff. vs. Henry C. Lynch, 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.
**John G. Luce, Plaintiff. vs. Lorenzo P. Sanger, et. al. Defendants.**
Motion for security for security for costs filed.
**Enoch C. Broun, Plaintiff. vs. Lorenzo P. Sanger, et. al. Defendants.**
Motion for security for costs filed.
**The State of Missouri to the use of Frederick W. Assmann & Lucy Ann Assmann his wife, Plaintiffs. vs. John M. Wimer, Edward Dobyns, Francis P. Blair Jr. & Joshua B. Brant, 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.
**The State of Missouri to the use of George Wheatley an infant under the age of 21 years who appears by his next friend Jacob D. Kurlbaum, Plaintiff. vs. John M. Wimer, Edward Dobyns, Francis P. Blair Jr. & Joshua B. Brant, 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.
**The State of Missouri to the use of Edward Probst an infant under the age of 21 years who appears by his next friend Jacob D. Kurlbaum. Plaintiff. vs. John M. Wimer, Edward Dobyns, Francis P. Blair Jr. & Joshua B. Brant, Defendants.**
Dismissal.
On motion of the plaintiff by his attorney, it is
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> Handwritten Page Number on Record Book: 123
ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**The State of Missouri to the use of Elizabeth Probst an infant under the age of 21 years who appears by her next friend Jacob D. Keulbaum, Plaintiff. vs. John M. Wimer, Edward Dobyns, Francis P. Blair Jr. & Joshua B. Brant, 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 plaintiffs and that execution issue therefor.
**The State of Missouri to the use of Louisa Probst an infant under the age of 21 years who appears by her next friend Jacob D. Kurlbaum, Plaintiff. vs. John M. Wimer, Edward Dobyns, Francis P. Blair Jr. & Joshua B. Brant, 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.
**The State of Missouri to the use of Henriette Probst an infant under the age of 21 years who appeared by her next friend Jacob D. Kurlbaum, Plaintiff. vs. John M. Wimer, Edward Dobyns, Francis P. Blain Jr. & Joshua B. Brant, 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.
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> Handwritten Page Number on Record Book: 124
The Court met pursuant to adjournment, Present as before.
**Benjamin S. Freeman, et. al. Plaintiffs. vs. Jacob Nathan, Defendant.**
Affidavit of partnership filed.
**Peter Gallagher, Plaintiff. vs. William Taussig, Defendant.**
Continued by consent as upon affidavit of plaintiff.
**J. Gotfried Goethe, Plaintiff. vs. Jacob Reichard Trustee, et. al. Defendants.**
Bill of Exceptions filed.
**John J. Anderson, Plaintiff. vs. Jonathan H. Jackson, et. al. Defendants.**
Motion to strike out parts of defendant Covingtons Answer withdrawn.
**Margares Gibson, Plaintiff. vs. Robert Gibson, Defendant.**
Divorce. Decree.
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 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 her costs and charges herein expended and have thereof execution.
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> Handwritten Page Number on Record Book: 125
The Court met pursuant to adjournment, Present as before.
**Albert De Stracke, Plaintiff. vs. Philip Klein, Defendant.**
Motion for leave to sue as a poor person filed.
**Francis P. Blair Jr. Plaintiff. vs. Dennis Marks, et. al. Defendants.**
On motion of the defendants by their attorney, an Appeal is granted them to the Supreme Court, from the judgment herein, thereupon said defendants file a Bond, conditioned according to law for such appeal, which said Bond is approved by the Court.
**John G. Luce, Plaintiff. vs. Lorenzo P. Sanger, et. al. Defendants.**
The Court having duly heard and considered the motion for security forcosts herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained and that said plaintiff give such security within ten days from this date. Answer to Amended Petition filed.
**Enoch C. Brown, Plaintiff. vs. 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 and adjudge that said motion be sustained and that said plaintiff give such security within ten days from this date. Answer to Amended Petition filed.
**John Doyle, Plaintiff. vs. Jane Doyle, Defendant.**
Commissioner's Report filed.
**Reese Reese, Plaintiff. vs. John Chilton, Defendant.**
Replication to part of Answer filed. Abstract of issues filed.
**Francis Charleson, et. al. Plaintiffs. vs. Edward St. Michel, Defendant.**
On Interpleader of Francis A. Hunt.
On motion of Charleson & Mc. Sorley by their Attorney, until Saturday next, is given them to file a Bill of Exceptions herein.
**Christoph Frenz, Plaintiff. vs. Anna M. Frenz, Defendant.**
The Court having duly heard and considered the motions for a Reveiw hearin, and being fully advised of and concerning the premises, doth consider and adjudge that said motions be overruled.
**James Syme, et. al. Plaintiffs. vs. Steam Boat "Indiana", 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 said motion be sustained.
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> Handwritten Page Number on Record Book: 126
**John J. Anderson, Plaintiff. vs. Jonathan H. Jackson, Nathan C. Covington & George De Baun Jr, Defendants.**
Judgment.
Now at this day comes said plaintiff by his Attorney, but said defendants Jonathan H. Jackson & George De Baun Jr, although duly summoned and called come not but make 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 defendants as confessed, and the plaintiff waiving a Jury submits this cause to the Court as to the said defendants Jackson and De Baun, and the Court having duly heard and considered the same doth find from the instrument of writing on which this action as founded that said defendants are indebted to said plaintiff in the sum of Nine hundred and twenty dollars and fifty 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 his costs and charges herein expended and have thereof execution: and thereupon the defendant Nathan C. Covington appears by his Attorney, and the 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 from such proofs, find the issues herein joined in favor of said defendant Covington. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his suit against said defendant, but that said defendant go thereof without day and recover of said plaintiff his costs and charges herein expended and have thereof execution.
**Susan C. Heisick, Plaintiff. vs. George Heisick, Defendant.**
Now at this day comes said plaintiff by have Attorney and withdraws her motion for an order on the Sheriff of St. Louis County, and for an order for support, and the Court having duly heard and considered the motion of said plaintiff for leave to amend her petition herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained, and such leave is granted, and thereupon the plaintiff amends her petition by interlin-in the next to the last line thereof, the wards "and she further prays for such an order touching her alimony & support during the pendency of this suit as on proof shall seem proper."
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> Handwritten Page Number on Record Book: 127
The Court met pursuant to adjournment, Present as before.
**John Doyle, Plaintiff. vs. Jane Doyle, Defendant.**
On motion of the defendant by her Attorney, ten days, additional time, is given her to file exceptions to the report of the Commissioner herein.
**Albert De Stracke, Plaintiff. vs. Philip Klein, Defendant.**
The Court having duly heard and considered the motion for security forcosts 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 of said plaintiff for leave to sue as a poor person, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained.
**Luther M. Shreve, Plaintiff. vs. Frederick W. Ingle, 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 sustained at the costs of said defendants, and leave is given said defendants to file their answer herein, which is accordingly filed, and this cause is continued until the next term of this Court.
**John Sehilling, Plaintiff. vs. Anna C. Speck, Defendant.**
Now at this day comes said plaintiff by his Attorney and remits One hundred dollars of the judgment 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.
**Alexander Zeigler, Plaintiff. vs. Turner Maddox, Defendant.**
The Court having duly heard and [consider ?] motion for a review herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
**John P. Gould, et. al. Plaintiffs. vs. George Trowbridge, et. al. Defendants.**
Continued on affidavit at costs of defendants.
**John G. Luce, Plaintiff. vs. Lorenzo P. Sanger, et. al. Defendants.**
Continued at costs of plaintiff.
**Enoch C. Brown, Plaintiff. vs. Lorenzo P. Sanger, et. al. Defendants.**
Continued at costs of plaintiff.
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> Handwritten Page Number on Record Book: 128
**Hatfield Halsted, Plaintiff. vs. Ezra Easterly, Defendant.**
The Court having duly heard and considered the 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.
**Edward S. Chase, et. al. Plaintiffs. vs. Ezra Easterly, Defendant.**
The Court having duly heard and considered the 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.
**Hatfield Halsted, et. al. Plaintiffs. vs. Ezra Easterly, Defendant.**
The Court having duly heard and considered the 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.
**Hatfield Halsted, et. al. Plaintiffs. vs. Ezra Easterly, Defendant.**
The Court having duly heard and considered the 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.
**Dennis Mc. Carthy, Plaintiff. vs. Rufus Case, Defendant.**
Now at this day comes the attorney for the defendant and suggests to the Court that since the commencement of this suit aid defendant has departed this life, and this cause is continued until the next term of this Court.
**Frederick Buschmann, Plaintiff. vs. Richard Ivers, et. al. Defendants.**
Continued by consent.
**Hamilton Bell, et. al. Plaintiffs. vs. William Dawson, et. al. Defendant.**
Continued by consent
**Anthony M. Faster, et. al. Plaintiffs. vs. Legrand F. Ruckers's Exr., Defendant.**
Continued as on affidavit of plaintiffs.
**John Jacob Kirburtz, Plaintiff. vs. John Renz, Defendant.**
Dismissal.
By agreement of parties, it is ordered by the court that this cause be dismissed as the costs of the defendant and that execution issue therefor.
**In the matter of the Estate of Milton Duty, deceased.**
Appeal from revocation of Thomas Harney Administrator de bonis non.
And now comes, as well the said appellant Thomas Harney by his counsel Messrs Krum & Handing, as also the appellees herein their counsel Messrs Hart & Biddlecome, and waiving a Jury submit the trial of this cause to the court, and the court having duly heard and considered the same, and it appearing to the satisfaction of the court [from the proofs herein ?] that the last will and testament of Milton Duty deceased has been admitted to probate by the
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> Handwritten Page Number on Record Book: 129
Probate Court of the County of Saint Louis which judgment of Probate stands in full force unappealed from. It is therefore considered and adjudged by the Court that the letter of administration heretofore granted to Thomas Harney be revoked and far nought held and esteemed, and that said Thomas Harney pay the costs of this proceeding and that execution issue therefor.
**Catharine Dietrich, Plaintiff. vs. Joseph Dietrich, 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 and adjudged by the court hat said Plaintiff absolutely and forever divorced from the bonds of matrimony by her contracted with said Defendant be restored to all thoughts and privileges of an unmarried person, and recover of said defendant her costs and charges herein expended and have thereof execution.
**Frank Hardesty, et. al. Plaintiffs. vs. Isaac Shelley & T. Porter Shaw, Defendants.**
Order of Sale. It appearing to the satisfaction of the court from the statement of James Castello Esquire, Sheriff of St. Louis County, this day filed herein, that the property attached herein at the commencement of this suit is likely to depreciate in value before the probable termination of this suit, it is therefore on motion of said plaintiffs by their attorney, ordered by the court that the Sheriff of St. Louis Country, do proceed to sell, according to the salutation such case made and provided, the property by him attached herein at the commencement of this suit, and that he make report of his proceedings under this order to this court with all court with all convenient dispatch.
The Court met pursuant to adjournment, Present as before.
**James Wilson, Plaintiff. vs. Terence Brady, 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.
**Boatmen's Saving Institution, Plaintiff. vs. Jacob Woodburn, et. al. Defendants.**
The Court having duly heard and considered the motion for an order on the Sheriff to pay over money, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
**Mary Rathburn, Plaintiff. vs. Earl S. Rathburn, Defendant.**
On motion of the plaintiff by her attorney, it is ordered by the Court that an Alias Summons issue herein returnable to the next term of this Court.
**James A. Grant, Plaintiff. vs. William Noble, et. al. Defendant.**
Dismissal.
By consent of parties it is ordered by the Court that this cause be dismissed at the costs of the Plaintiff and that execution issue therefore.
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> Handwritten Page Number on Record Book: 130
**Samuel Mc. Cartney, Plaintiff. vs. John B. Shepherd, Defendant.**
Continued.
**Patrick Shrughnessey, Plaintiff. vs. Owen Murphy, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a jury, viz: Oliver Harris, Edward Floyd, Balser Hammerle, Isaac Letcher, George Morhaut, Philip Kitzell, James Beakey, Antoine Vien, Charles Buchmueller, Washington Warner, William Freding, & Nathaniel Redfield, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, the trial of this cause progressed and being concluded the jury aforesaid upon their oaths aforesaid find for 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.
**Reese Reese. Plaintiff. vs. John Chilton, Defendant.**
Continued as on affidavit at costs of debt.
**Martin L. Hobart, Plaintiff. vs. Isaac J. Wise, Assignee, Defendant.**
Continued by consent at costs of plaintiff.
**Mary Mc. Kee Homes, Plaintiff. vs. Frederick B. Homes, 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 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 injured and innocent 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 priviliges 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.
**James M. Blackwell, Edward A. Whittemore, & Samuel B. Barton, Plaintiffs. vs. Samuel Jacks, Raphael Keiler & Adolph Isaacs, 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 plaintiffs and that execution issue therefor. Leave is given the plaintiffs to withdraw the notes on which this suit is founded.
**Josephine Walter, Plaintiff. vs. James P. Walter, Defendant.**
Continued.
**Silas P. Lamkin, Plaintiff. vs. George W. Higgins & John Vandover, 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.
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> Handwritten Page Number on Record Book: 131
**August J. Carpenter, Plaintiff. vs. Thomas Wall, Defendant.**
Order of Replevin.
Now at this day comes the said plaintiff by his attorney and files in Open Court a petition and affidavit according to law claiming the possession of curtain personal property therein described, wherefore the court orders 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 is from the defendant and deliver it to he plaintiff.
The Court met pursuant to adjournment, Present as before.
**Eliza S. White, Plaintiff. vs. Henry White, Defendant.**
Divorce. Decree.
This cause coming on this day to be tried before the Court upon the petition of the plaintiff filed therein, and upon the default of the defendant, the plaintiff appearing upon such trial and the defendant not appearing, the Court on motion of the plaintiff proceeded to hear the evidence offered on the part of the plaintiff in Open Court; and the Court being satisfied from such evidence of the good conduct of the plaintiff, and that she is an innocent and injured person, and that all the material facts charges in the petition of the plaintiff are true, and that the defendant has been guilty of the several matters alleged in said petition as therein charged, and that the said defendant is wholly unfitted to have the care on custody of the children of said marriage as stated in said petition, viz: George Franklin White, Eudera White, Carrie White and Charles Henry White; and that the plaintiff is a suitable and proper person to have such care and custody; and also that Defendant is possessed of considerable real and personal estate, and is in the receipts of a considerable annual income as in the plaintiffs' petition set forth. It is therefore ordered, adjudged and decreed that the said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with the said Defendant and be restored to all the rights and privileges of an unmarried person. And it is further ordered, adjudged and decreed that the said plaintiff Eliza S. White, shall have the care, custody and control of the children of the marriage between said parties, as alleged in said petition, viz: George Franklin, Eudna, Carrie and Charles Henry, and the maintainance of the said Eudera, Carrie and Charles Henry, until the further order of the court. And it is further ordered, adjudged and decreed, that the said plaintiff be allowed as alimony and for the care and maintainance of the said Eudera, Carrie and Charles Henry, the sum of nine hundred dollars per annum, in monthly installments of seventy five dollars each from the 20th day of January instant, A.D.1857, payable at the end of each and every month, and that the said defendant pay the same monthly and each and every month, at the end thereof, until the further order of the Court, and it is further ordered, adjudged and
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decreed that the defendant pay the costs of this suit, including the sum of fifty dollars to be taxed as costs, being the expenses incurred by plaintiff for counsel fees in the prosecution of this suit, and that execution issue therefor.
**Thomas Ratcliffe, doing business under name & style of Ratcliffe & Co. Plaintiff. vs. The Steam Boat "Obion", 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 upon the pleadings and proofs and the Court having duly heard and considered the same doth find from such proof that said defendant is indebted to said plaintiff in the sum of Twelve hundred and seventy six dollars and sixteen cents. It is therefore considered and adjudged by the court that said plaintiff recover of said defendant the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution against the property attached under the writ of attachment issued herein.
**David M. Shapley, Plaintiff. vs. The Stem Boat "Henry Lewis," Defendant.**
Judgment.
Now at this day comes again said plaintiff [and ?] 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 said plaintiff in the sum of Ninety five dollars and sixty two cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said James B. Eads, the principal, and William S. Nelson, the security, in the Bond given for the release of said defendant, the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Benjamin S. Freeman, et. al. Plaintiffs. vs. Jacob Nathan, Defendant.**
Continued
**William W. Wakelam, Plaintiff. vs. Charles H. Valentine, et. al. Defendants.**
Continued
**Susan Freeman, Plaintiff. vs. Ford Freeman, 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 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 proof 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 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.
**Dorothea Klausmeier, Plaintiff. vs. Frederick Klausmeier, Defendant.**
Dismissal.
On motion of the plaintiff by her attorney, it is ordered by the Court that this cause be dismissed, and that said defendant pay the costs herein accrued and that thereof execution.
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**William Kedge, Plaintiff. vs. Margaret Kedge, Defendant.**
Divorce. Decree.
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 [this cause be dismissed at ll ?] 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 and adjudged 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 have the care and custody of his two infant children, and it is further ordered by the Court that said plaintiff pay the costs herein accrued and have thereof execution.
**In the matter of the estate of Wilton Duty, deceased.**
Appeal from revocation of Letters of Thomas Harney Admr. de bonis non-Affidavit for appeal filed, and on motion of Thomas Harney, appellant herein, by his attorney, an appeal is granted him to the Supreme Court from the judgment herein, and thereupon Thomas Harney as principal and John M Krum as security, acknowledge themselves to owe Robert Scott, Admr. De bonis non of Milton Duty deceased the sum of Two hundred 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, that he will comply with and perform the same, so for 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.
**James Kershaw, et. al. Plaintiff. vs. Hiram A. Pryor, 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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The Court met pursuant to adjournment, Present as before.
**James Young, Plaintiff. vs. Lydia Young 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 Pennsylvania.
**Timothy L. Papin, et. al. Plaintiff. vs. Pierre C. Grace's Admr., Defendant.**
Continued by consent.
**Jane Brent by her next friend & gdn., Plaintiff. vs. Pierre C. Grace's Admr., Defendant.**
Continued by consent.
**John Brent by her gdn. & next friend. Plaintiff. vs. Pierre C. Grace's Admr., Defendant.**
Continued by consent.
**Robert Brent by gdn & next friend, Plaintiff. vs. Pierre C. Grace's Admr. Defendant.**
Continued by the consent.
**Elisha Allent, et. al. Plaintiffs. vs. Caroline Brown, et. al. Defendants.**
Continued by consent.
**Christoph Frenz, Plaintiff. vs. Anna M. Frenz, Defendant.**
Bill of Exceptions filed.
**Charles Jeffars, Plaintiff. vs. William Ganston & Anthony Tiernan, Defendants.**
So much of the judgment undered herein on the first day of December Eighteen hundred and fifty six, as refers this cause to John Y. Page Esquire, to take and state an account, is on motion of plaintiff's attorney vacated and set aside and this cause being submitted to the Court as against defendant Tierman. On motion of attorney for plaintiff, (a Jury for that purpose being waived.) and the Court having heard and considered the pleadings an proofs. It is now ordered, adjugded and decreed that this cause be referred to the said John Y. Page Esquire, to take and state and account of the copartnership transactions and dealings between the said palintiff and defendants, and that he make report of his perceedings under this order to this Court with all convenient dispatch.
**John W. Johnson & Andrew Maxwell, Plaintiffs. vs. Steam Boat "Cumberland Valley". Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and waiving the 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 seventy two dollars and twelve cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of R. C. Weirick the [plaintiff an ?] principal and John S. Mc. Cune the security in the bond given for the release of said defendant, the damages aforesaid infrom aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Loring P. Harves & John R. Graham, Plaintiffs. vs. William M. Harlow & James H. Parker, Defendants.**
Judgment. Now at this day come said plaintiffs by their attorney, and dismiss this suit as to the defendant William M. Harlon, but the defendant James H. Parker 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,
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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 Ten thousand and fifty seven dollars and sixty cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the debt aforesaid in form aforesaid as found and also their costs and charges herein expended and have there of execution.
The Court met pursuant to adjournment, Present as before.
**Mathew Rippey. Plaintiff. vs. Meyer Friede, Defendant.**
Bill of Exceptions filed.
**Thomas Harney Administrator of Milton Duty.**
Bill of Exceptions filed.
**William F. Johnson, Plaintiff. vs. Francis W. Crane, Defendant.**
Abstract of issues filed.
**Sydenham R. Clark, Plaintiff. vs. Edevin A. Welsh, Defendant.**
Abstract of issues filed.
**Louis F. Bompart, et. al. Plaintiffs. vs. Melinda Bompart, et. al. Defendants.**
Abstract of issues filed.
**John J. Anderson, Plaintiff. vs. Jonathan H. Jackson, et. al. Defendants.**
Motion for Review filed.
**The Atlantic Mutual Insurance Company, Plaintiff. vs. George Braukmann & Otto Honkel. 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, therefore on motion of said plaintiffs 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 the Court [of ?] and the Court having duly heard and considered the same both find from the instruments of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Four hundred and fifty dollars and fifty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the debt aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
George N. Griggs & P. R. Gragan, two credible witnesses, come into Open Court and prove to the satisfaction of the Court, the execution by Robert Isom, James Isom, Milly Isom and, Amanda Isom, free persons of color, of a Deed of Emancipation to Charlotte, a mulatto woman, aged forty five years.
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The Court met pursuant to adjournment, Present as before.
**J. B. Alexander, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Now at this day comes said plaintiff by his attorney and dismisses this suit as to defendants Charles Belcher, and this causes continued until the next term of this Court.
**Charles Fritz, Plaintiff. vs. Isadere Busch, Defendant.**
Continued by consent.
**George W. Loper, Plaintiff. vs. Benjamin Lacy, Defendant.**
Continued by consent.
**Louis F. Bompart, et. al. Plaintiffs. vs. Melinda Bompart, et.al. Defendants.**
Continued by consent.
**Francis Rogers, et. al. Plaintiffs. vs. Charles B. Lamb, Defendant.**
Continued at costs of dependant.
**Mark Brumagin, et. al. Plaintiffs. vs. Daniel D. Page, et. al., Defendants.**
Continued by consent in compliance with agreement of counsel.
**Eleanor E. Guy, Plaintiff. vs. Henry Ames & Edgar Ames, Defendants.**
Non Suit.
Now at this day cause being called for trail and no one appearing to prosecute the same, it is therefore on motion of said defendants by their attorney, 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 this behalf but that said defendant go thereof without day and recover of said plaintiff their costs and charges herein expended and have thereof of execution. By leave of Court defendants withdraw the exhibits by them filed herein.
**Kasper Neier, Plaintiff. vs. Melchoir Zimmermann & Francis Saler, 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 plaintiffs be taken against said defendants as confessed, and the plaintiff waiving Jury submits this cause the Court and the Court having duly heard and considered the same both find from the instruments of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Two hundred and twenty six dollars and seventy three cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said plaintiff recover of said defendants the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof of execution.
**Marguerite Perrier by her next friend Pierre Gaiz, Plaintiff. vs. Francis A. Perrier. Defendant.**
Dismissal. On motion of the plaintiff by his attorney, it is ordered by the Court that this cause the dismissed at the costs of said plaintiff and that execution issue thereof.
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**Bernard S. Pratte, Plaintiff. vs. Pierre Brown, Defendant.**
Judgment.
Now at this day come the parties herein by their respective attorneys and waiving the Jury submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same both find from such proofs, find the issues herein joined in form 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.
**Maria Elizabeth Stephan, Plaintiff. vs. Michael Stephan, 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 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 recover of said defendant her costs and charges herein expended and have thereof execution.
**Matthew Rippey, Plaintiff. vs. Meyer Friede, Defendant.**
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 Matthew Rippey as principal and Sands E. Selleck as security, acknowledge themselves to owe Meyer Friede the sum of One hundred and fifty dollars, to be lived of their respective goods and chattels lands and tenements. Yet upon the following conditions, viz: that the appellant herein well 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 [give ?] direct the Circuit Court to give; and if the judgment of such Court, or any part thereof, be affirmed, that the 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.
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The Court met pursuant to adjournment, Present as before.
**Charles C. Carroll, Plaintiff. vs. James H. Mc. Cord. Defendant.**
Continued on affidavit at costs of plaintiff.
**Jacob Gross, Plaintiff. vs. Reiner Beuter, Defendant.**
Abstract of issues filed.
**Christoph Frenz, Plaintiff. vs. Anna M. Frenz, Defendant.**
Motion for enforcing decree, by Plaintiff, filed.
**Joseph D. Mc. Coy, Plaintiff. vs. George W. Willard, Defendant.**
Continued as on affidavit at costs of plaintiff.
**State to use Frederick Shelly, Plaintiff. vs. Henry Kennedy, et. al. Defendants.**
Amended Answer filed by leave of Court.
**Robert C. Thurman, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Continued.
**Albert De Stracke, Plaintiff. vs. Philip Klein, 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 said demurrer be overruled. Leave is given the defendant to answer herein forthwith. Answer filed.
**Maria Regan, Plaintiff. vs. Bartholomew Regan, Defendant.**
Divorce. Decree.
Now at this day comes again said plaintiff by her attorney, and waiving the 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 extracted with said defendant and be restored to all rights and privileges of an unmarried person, and it is further considered by the Court that said plaintiff have the care and custody of her infant children William and Mary Jane, until the further order of the Court, and it is further ordered by the Court that said defendant pay the costs of this suit and that execution issue therefor.
**Joachim Burghardt, Plaintiff. vs. Gertrude Burghardt, Defendant.**
Divorce. Decree.
Now at this day comes again said plaintiff by his attorney and withdraws so much of his petition as pertains to claim of property therein mentioned and, waiving the 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 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 rights and privileges of an unmarried person, and it is further ordered by the Court that said plaintiff pay the costs of this suit and that execution issue therefor.
**Henry Von Pherl, James L. Waters & Abraham T. Bird, Plaintiffs. vs. Washington F. Adams, Defendant.**
Non Suit.
Now at this day cause being called for trial, said plaintiffs although solemnly called, come not [but make default, ?] 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
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thereof without day and recover of said plaintiffs his costs and charges herein expended and have thereof execution.
The Court met pursuant to adjournment, Present as before.
**Benjamin Lithauer, Plaintiff. vs. Morris Raphaelsky, Defendant.**
Continued on affidavit at costs of defendant.
**Jesse Hoge, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Continued.
**Thomas A. Harrow, Plaintiff. vs. Frank Field, Defendant.**
Motion to suppress deposition of Charles Heard, and affidavits in support of said motion filed. affidavit of J. C. Denny filed; and the Court having duly heard and considered the said motion to suppress the deposition of Charles Hurd and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained, and this cause is continued as on affidavit at the costs of the plaintiff, and 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 Indiana. Motion for security for costs filed.
**Samuel Willi, Plaintiff. vs. James Castello, Defendant.**
Order of Replevin.
Now at this day come the plaintiff by his attorney and files his petition duly verified by affidavit according to law claiming the profession of certain personal property therein described. Therefore ordered that the defendant deliver the property specified in the petition to the Coroner of St. Louis County and said Coroner is hereby directed if said property be not delivered to him to take it from the defendant and deliver it to the plaintiff.
**Louis A. Benoist, Plaintiffs. vs. Dominick J. Childs, Nathaniel Childs Jr. & James B. Ricords, Defendants.**
Judgment.
Now at this day come the plaintiffs and the defendants Nathaniel Childs Jr. & James B. Ricords by their respective attorneys, and the plaintiffs dismiss this suit to the defendant Dominick J. Childs, and thereupon come also a Jury, viz: Voldeman Fischer, Peter Wenger, August Cornet, H. Nieman, S. H. Pilcher, Bernard Adams, James Murrin, John Elliott, William Cody, N. F. Aymon, John Hockley & John Bernman, twelve good and lawful now, who being duly elected, tried and sworn the issues herein joined well and truly to try, the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths of aforesaid find for the plaintiffs in the sum of Eleven hundred and four dollars and seventy cents damages. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the damages aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Louis A. Beniost, Plaintiffs. vs. Dominick J. Childs, Nathaniel Childs Jr. & Louis F. Lacy, Defendants.**
Judgment.
Now at this day come said plaintiffs and said defendants Nanthaniel Childs Jr.& Lewis F. Lacy, by their respective attorneys, and the plaintiffs dismiss this suit as to the defendant Dominick J. Childs, and by leave of Court amend their petition herein by striking out the ward "December" and inserting the ward "September" in statement of date of note, and thereupon come also a Jury, viz: Voldeman Fischer, Peter Wenger, August Cornet, H. Neiman, S. H. Pilcher, Bernard Adams, James
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Murrien, John Elliott, William Cody, N. F. Aymon, John Hockley & John Brennan, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well truly to try, the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid find the plaintiffs in the sum of Five hundred and fifty three dollars and ninety cents, damages. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the damages aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
The Court met pursuant to adjournment, Present as before.
**Milton N. Mc. Lean's Admr., Plaintiff. vs. Henry Brundy, 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.
**Lydenham R. Clark, Plaintiff. vs. Edwin A. Welsh, Defendant.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and the defendant withdraws his answer herein, and thereupon, the defendant failing to plead further herein, it is, on motion of said plaintiff by his attorney, 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 Seven hundred and fifty five dollars and thirty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the debt aforesaid inform aforesaid as found and also his costs and charges herein expended and have thereof execution.
**In the matter of the assignment of Dayton J. Card.**
Statement of administration of assignment filed.
**Issac J. Wise Assignee of Osborne, Camp & Co. Plaintiff. vs. The Marine 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 therefore.
**Constantine Schnerr, Plaintiff. vs. Paul Carlin, Defendant.**
Continued.
**James M. Mc. Fadin, Plaintiff. vs. John Triplett, et. al. Defendants.**
Continued by the consent.
**George Rinehart, et. al. Plaintiffs. vs. Cornad Okel, et. al. Defendants.**
Continued by consent.
**Albert De Stracke, Plaintiff. vs. Philip Klein, Defendant.**
Continued by the consent.
**Adolph Louis, Plaintiff. vs. Carlos S. Greely, et. al. Defendants.**
Now at this day come the parties aforesaid by their respective attorneys, and waiving the Jury 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
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of adjournment further proceedings herein are continued until to-morrow morning.
The Court met pursuant to adjournment, Present as before.
**Charles Hoffman, Plaintiff. vs. Emelia Riehl, Defendant.**
On motion of the plaintiff by his Attorney, leave is given him to amend his petition herein by striking out the word "five" and inserting the word "four" at the end of the fourth line of the petition, which amendment was accordingly made; and this cause is continued until the next term of this Court.
**Charles Hoffman, Plaintiff. vs. Charles Weber, Defendant.**
On motion of the plaintiff by his Attorney, leave is given him to amend his petition herein by striking out the word "five" and inserting the word "four" at the beginning of the sixth line of the petition, which amendment was accordingly made; and this cause is continued until the next term of this Court.
**Adolph Louis, Plaintiff. vs. Carlos S. Greely, 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 being concluded but the Court not being fully advised of and concerning the premises, takes time to consider thereof.
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The Court met pursuant to adjournment, Present as before.
**George Baily, Plaintiff. vs. Dabney Carr, Defendant.**
Replication filed.
**John Doyle, Plaintiff. vs. Jane Doyle, Defendant.**
Petition for allowance to defendant for her express in defending the suit and establishing her claim to support &c, filed.
**William E. Mc. Evers, Plaintiff. vs. Daniel Glasgow, James Harkness & John Stickel, Defendants.**
Order of Replevin.
Now at this day comes the plaintiff by this Attorney and files his petition duly verified by affidavit according to law claiming the possession of certain personal property therein described, it is therefore 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 defendants and deliver is to the plaintiff.
**Patrick Yore, et. al. Plaintiffs. vs. Steam Boat "C. Bealer", Defendant.**
On motion of the defendant by his Attorney, an appeal is granted it to the Supreme Court from the judgment herein, and therefore said defendant files a Bond, conditioned according to law, for such appeal, which said Bond is approved by the Court.
**Charles W. Newton. Plaintiff. vs. John W. Spalding, Defendant.**
Abstract of pleadings and statement of issues filed.
**William F. Morgan, Plaintiff. vs. Adam Doering, Defendant.**
Dismissal.
By consent, and on motion of the parties herein, it is ordered by the Court that this cause be dismissed at the costs of said defendant and that execution issue therefor.
**Thomas A. Harrow, Plaintiff. vs. Frank Field, 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, thereupon said plaintiff gives such security.
**Adolph Louis, Plaintiff. vs. Carlos S. Greeley & Daniel B. Gale, 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, doth find from the proofs herein that said plaintiff is entitled to the possession of the land in his petition described as follows, viz: "The south west fractional quarter of section twenty three in township forty four of range five cost, in the district of lands subject to sale at St. Louis Missouri." and that he has sustained damage by reason of the premises set out in his petition in the sum of one dollar. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the land aforesaid in form aforesaid
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described and have his writ of possession therefor, and also the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
Robert Campbell, 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 woman Eliza, aged about twenty five years, of copper or mulatto complexion, together with her two children, to wit: Aleck, a boy aged about two years and a half, and an infant son born in October last, name not known, both of which children are of the same complexion with the said Eliza.
The Court met pursuant to adjournment, Present as before.
**John J. Anderson, Plaintiff. vs. Jonathan H. Jackson, et. al. Defendants.**
The Court having duly heard and considered the motion by defendant Covington for a Review herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
**State to use James T. Soveringen, et. al. Plaintiff. vs. Mark Moss, 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 sustained and that a new trial be had herein [during th ?] at the next time of this Court.
**Ashley C. Sugg, et. al. Plaintiffs. vs. John J. Roe, 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 sustained and that a new trial be had herein at the next time of this Court.
**In the matter of the assignment of Dayton J. Card.**
The Court having duly heard and considered the motion of the assignment to audit statement of administration of a assignment, and being fully advised of and concerning the premises, doth considered and adjudge that said motion be overruled, leave is given said assignment to file and exhibit an Account as such assignee, with the usual vouchers, according the cause of practise in such matters.
**William Bond, Plaintiff. vs. Benjamin Stickney, et. al. Defendants.**
Continued by consent. Abstract of issues filed.
**William F. Johnson, Plaintiff. vs. Francis W. Crane, Defendant.**
Continued as on affidavit at costs of defendant.
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**George Bailey, Plaintiff. vs. Dalney Carr, Defendant.**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury, viz: Thomas Bond, Thomas Lanham, George Mohrhardt, N. Fine, John Fulton, Charles Gebhardt, George S. Putney, John M. Hintershitt, William H. Costein, G. Yates, George Moke, & P. A. Ritter, twelve good and lawful men, who being duly elected tried and sworn the issues herein joined well and truly to try, the trial of this cause progressed, but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
**Charles W. Newton, Plaintiff. vs. John W. Spalding, Defendant.**
Continued as on affidavit at costs of defendant.
**Patrick Leahy, et. al. Plaintiffs. vs. Francis Dugdale's Admr. & Defendant.**
Continued as on affidavit at costs of plaintiffs.
**Henry Von Pherl, et. al. Plaintiffs. vs. Robert Stevens Garnishee of Wesley N. Keas, et. al. Defendants.**
Continued.
**Joseph S. Hull, Plaintiff. vs. James M. Lyon, et. al. Defendants.**
Continued.
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The Court met pursuant to adjournment, Present as before.
**Alexander Zeigler, Plaintiff. vs. Turner Maddox, Defendant.**
Bills Exceptions filed.
**Robert Thurman, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Continued.
**George Bailey, Plaintiff. vs. Dalney Carr, Defendant.**
Judgment. Now at this day come again the parties herein by their respective attorneys and the Jury sevorn and empannelled herein also come, and thereupon 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 sixty nine dollars and sixty three cents, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the damages aforesaid inform aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Richard Bouchi, Plaintiff. vs. Unknown Man B.'s Admr. Defendant.**
Continued.
**Robert L. Fabian, Plaintiff. vs. Francis A. Hunt, J. Edward Hunt, & Benjamin Slater, Defendants.**
Judgment. Now at this day come the plaintiff and defendants Francis A. Hurt & J. Edward Hunt by their respective attorneys, and the plaintiff dismisses this suit as to the defendant Benjamin Slater, and thereupon come a Jury, viz: Thomas Beerd, Thomas Lanham, George Mohrhardt, W. Fine, John Fulton, Charles Gebhardt, George S. Putney, John M. Hintershitt, William H. Costien, G. Yates, George Moke & P. A. Ritter, twelve good and lawful men, who being duly elected, tried on seven the issues herein joined well and truly to try, 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 twenty six dollars and forty two cents, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**John M. Mc. Dowell, Plaintiffs. vs. Francis A. Hunt, J. Edward Hunt, & Benjamin Slater, Defendants.**
Judgments. Now at this day come the parties herein by their respective attorneys and thereupon come also a Jury, viz: Thomas Burd, Thomas Lanham, George Mohrhardt, W. Fine, John Fulton, Charles Gebhardt, George S. Putney, John M. Hintershitt, William H. Costion, G. Yates, George Moke & P. A. Ritter, twelve good and lawful men, who being duly elected, tried on sworn the issues herein joined well and truly to try, 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 thirty eight dollars and three cents, damages. It is therefore considered and adjudged by the Court, that said plaintiffs recover of said defendants the damages aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Atreus J. Mc. Gury, Plaintiffs. vs. Francis A. Hunt, J. Edward Hunt & Benjamin Slater. Defendants.**
Judgment. Now at this day come the parties herein by their respective attorneys, and thereupon come also a Jury viz: Thomas Burd, Thomas Lanham, George Mohrhardt, W. Fine, John Fulton, Charles Gebhardt, George S. Putney, John M. Hintershitt, William H. Cestien, G Yates, George Moke & P. A. Ritter, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, the trial of this cause progressed and being concluded. The
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Jury aforesaid upon their oaths aforesaid find for the plaintiffs in the sum of Four hundred and seventy one dollars and seventy nine cents, damages. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the damages aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
The Judge of this Court being too unwell to attend Court this morning and having notified the Sheriff thereof and directed him to adjourn Court until ten o'clock to-morrow morning, the Court was accordingly adjourned until ten o'clock to-morrow morning.
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The Court met purusant to adjournment. Present as before.
**William Milburn & others, Commissioners &c. Plaintiffs. vs. James A. Hardy, Defendant.**
Continued.
**William Milburn & others, Commissioners &c. Plaintiffs. vs. Christopher C. Mc. Lure, Defendant.**
Continued.
**William Milburn & others. Commissioners &c. Plaintiffs. vs. Elzear Blanchard, Defendant.**
Continued.
**William Milburn & others. Commissioners &c. Plaintiffs. vs. John Hogan, Defendant.**
Continued.
**Frederick Dent, Plaintiff. vs. John Sigerson, et. al. Defendants.**
Now at this day come the parties herein by their respective Attorneys and thereupon come also a Jury, viz: Thomas Burd, William Fine, George W. Handy, John M. Hintershitt, S. L. Parsons, Peter Berger, Jules Detchmendy, Charles Buchmueller, Frederick Dieckmann, Samuel Johnes, John Fulton & George Yates, twelve good and lawful men, who being duly elected, tried and severn the issues herein joined well and truly to try, the trial of this cause progressed, but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
**George Bailey, Plaintiff. vs. Dalney Carr. Defendants.**
Motion of defendant for new trial filed.
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> Handwritten Page Number on Record Book: 148
The Court met purusuant to adjournment, Present as before.
**George W. Brooks, Plaintiff. vs. Thomas Wall, Defendant.**
Order of Replerin.
Now at this day comes the plaintiff by his Attorney and files his petition duly verified by affidavit according to law claiming the possession of certain personal property therein described, it is therefore 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 is from the defendant and deliver it to the plaintiff.
**Frederick Dent, Plaintiff. vs. John Sigerson, et. al. Defendants.**
Now at this day come again the parties herein by their respective Attorneys and the Jury empannelled and sworn 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.
The Court met purusuant to adjournment, Present as before.
**Frederick Dent, Plaintiff. vs. John Segirson, et. al. Defendants.**
Now at this day come again the parties herein 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 monday morning.
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> Handwritten Page Number on Record Book: 149
The Court met purusant to adjournment, Present as before.
**Charles S. Hempstead, Plaintiff. vs. Thomas Hempstead's Admr. et. al. Defendants.**
Separate Answer of John Biddle filed.
**Frederick Dent, Plaintiff. vs. John Sigerson, et. al. Defendants.**
Now at this day come again the parties herein by their respective Attorneys and the Jury empannelled and sworn 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 Wednesday morning next.
The Court met pursuant to adjournment, Present as before.
**In the matter of the assignment of Dayton J. Card.**
Statement and Account of Assignee & Petition for order of re-conveyance and discharge, & Vouchers filed, and it is ordered by the Court that the account of the said assignee be referred to William J. Romyn Esquire, to audit, who is directed to make report of his proceedings under this order to this Court during the present term thereof
**James O. Carson, et. al. Plaintiffs. vs. The Steam Boat "Elephant", Defendant.**
The Court having duly heard and considered the motion to re-instate this case on the docket, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
**Samuel Maunder, Plaintiff. vs. Charles Semple, 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 sustained and that a new trial be had herein at the next term of this Court.
**George J. Murray, Plaintiff. vs. Eli Lofton, Glow Gee, Thomas Carlen, Francis Revoi & Edmund Rour, Defendants.**
Trespass & Ejectment. Now at this day come the parties aforesaid by their respective Attorneys and waiving a Jury submit the issues herein joined to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth from such proofs find that said defendants are guilty of unlawfully within holding the premises in the declaration described from the said plaintiff in manner and form as in said declaration
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alleged, and doth assess the plaintiff's damages by reason of such trespass and judgment at the sum of one cent. It is therefore considered by the Court that the plaintiff recover of the said defendants the possession of the premises in the declaration described, to wit: "Beginning at a stake in the north side of Florida street and one hundred and ten feet east of main street, thince running north. 83" 30' east along the north side of Florida street thirty feet to a stake, thince north 6"30' west one hundred & thirty feet to a stake, thence south 83" 30' west thirty feet to a stake, thence south 6" 30' east one hundred & thirty feet to the place of beginning. Also one other tract of land lying and being situate in the City and County of st Louis and State of Missouri & founded as follows, to evit bounded on the east by the lot of ground last above described and running with the eastern boundary line of said lot last above described one hundred & thirty feet; on the south by Florida street running three feet one inch with said street; on the last by a lot formerly the property of one Flynn and running with the western boundary line of lot of said Flynn to the place of beginning." together with the damages aforesaid in form aforesaid by the Court found and also his costs and charges herein expended and have thereof execution.
The Court met purusant to adjournment. Present as before.
**In the matter of the re-assignment of Mudgett & Jamis.**
Motion for order upon Ben F. Hickman & Robert Fisher Assignees to file accounts and inventory and appoint day for hearing, filed.
**Frederick Dent. Plaintiff. vs. John Sigerson & William Sigerson, Defendants.**
Judgment.
Now at this day come again the parties herein by their resepctive Attorneys and the Jury empannelled and severn herein also come, and thereupon the trial of this cause progressed and being concluded 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 the behalf but that said defendants go thereof without day and recover of said plaintiff then costs and charges herein expended and have thereof execution. Motion for new trial filed, and the Court having duly heard and considered the said motion and being fully advised of and concerning the premises doth consider and adjudge that said mortion be overruled.
**James J. Severingen, et. al. Plaintiffs. vs. Howard F. Christy, et. al. Defendants.**
Sheriff's Report of Sale filed, and on motion of the plaintiffs by their Attorney, no objiction being made thereto, it is ordered by the Court that said Report be confirmed, and that said Sheriff execute Deeds to the purchasers of the property by him sold.
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The Court met pursuant to adjournment, Present as before.
**James Smith, Plaintiff. vs. Andrew Smith, Defendant.**
Order of Replevin.
Now at this day comes the parties by his attorney and files his petition duly verified by affidavit according to law claiming the profession of certain personal property therein described, it is therefore ordered that the defendant deliver the property specified in the petition to the Sheriff of St. Louis County and said Sheriff id hereby directed if said property by not delivered to him to take it from the defendant and deliver it to the plaintiff.
**Joshua W. Owings, Plaintiff. vs. John Sigerson, 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 thousand five hundred and fifty dollars and consents and 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 debt aforesaid in form aforesaid as confessed and also his costs and charges herein expended and have thereof execution.
**William F. Lynch, Plaintiff. vs. Jonathan Penrod, 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.
**In the matter of the assignment of Dayton J. Card.**
Report of William J. Romyn, Referee, filed.
**Robert A. Johnson, Charles F. Johnson, William J. Bartley and James S. Lytle. Plaintiffs. vs. William J. Kountz, Clark and Shaw, & William Bingham & Co. Defendants.**
Judgment.
Now at this day come the parties herein by their respective attorneys and waiving a Jury submit this cause to the Court upon the pleadings and proofs, and thereupon the trial of this cause progressed and being concluded the Court finds for the plaintiffs in the sum of One hundred and ten dollars, damages. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the damages aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
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**The State of Missouri in the relation and to the use of Isaac T. Wise Administrator of Richmond J. Curle. Plaintiff. vs. George Marshall, Andrew Elliott & Kenneth MacKenzie, Defenants.**
Judgment.
Now at this day come said plaintiff and said defendant Kenneth Mackenzie by their respective attorneys, and said defendant Mackenzie withdraws his demurrer herein, and fails to plead further herein, and said defendants George Marshall & Andrew Elliott 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 the defendant herein as confessed, and thereupon come a Jury, viz: George W. Handy, William Williamson, Augustus H. Muller, Francis Roy, William H. Robinson, R. J. Patterson, John M. Hintershitt, Peter Berger, Charles Buchmueller, Frederick Dieckmann, Samuel Johnson & John L. Kohler, twelve good and lawful men who being duly elected, tried and sworn well and truly to assess the damages sustained by the plaintiff by reason of the premises set out in his petition, and having heard the proofs upon their oaths aforesaid do assess such damages at the sum of Seven hundred and thirty nine dollars and thirteen cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the damages aforesaid in form aforesaid as assessed and also his costs and charges herein expended and have thereof execution.
**State to use Frederick Shelly, Plaintiff. vs. Henry Kennedy, et. al. Defendants.**
Now at this day come the parties herein by their respective attorneys, and thereupon come also a Jury, viz: John L. Kohler, William Williamson, Augustus H. Muller, Francis Roy, William H. Robinson, Peter Berger, Samuel Johnes, Charles Buessmuellir, George W. Handy, John W. Hintershitt, S. L. Parsons & William Fine, twelve good and lawful men who being duly elected, tried and sworn the issues herein joined well and truly to try, the trial of this cause progressed but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
**William Wade, et. al. Plaintiffs. vs. St. Louis Mutual Insurance Company. Defendant.**
Continued at costs of plaintiff.
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The Court met pursuant to adjournment, Present as before.
**Francis O. Stephan, Plaintiff. vs. Amaric L. Stephan, Defendant.**
On motion of the plaintiff by his attorney, it is ordered by the Court that the default heretofore entered herein be, and the same is hereby set aside.
**Charles W. Newton, Plaintiff. vs. John W. Spalding, 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 Alabama.
**The State of Missouri to the use of Frederick Shelly, Plaintiff. vs. Henry Kennedy & Thomas Pullis, Defendants.**
Judgment. Now at this day come again the parties herein by their respective attorneys, and the jury empannelled and sworn herein also come, and thereupon the trial of this cause progressed and being concluded the jury aforesaid upon their oaths aforesaid find for the plaintiffs in the sum of Seventy four dollars and fifty five cents, damages. It is therefore considered and adjudged by the Court that the said plaintiff recover of said defendants the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**William Sneddeker, James King & Edward F. Cook. Plaintiffs. vs. Samuel Jacks, Raphael Keiler & Adolph Isaacs. 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. By leave of Court the plaintiffs withdraw the note on which this suit is founded.
**Daniel Blodgett, Plaintiff. vs. Isaac J. Greene, 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 Wisconisn.
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The Court met pursuant to adjournment, Present as before.
**Christoph Frenz, Plaintiff. vs. Anna M. Frenz, Defendant.**
Answer showing cause why the decree should not be enforced.
**James F. Glenn, Plaintiff. vs. William E. Saltmarsh, et. al. Defendants.**
And now come the said parties by their attorneys, and waiving a Jury, submit the trial of this cause to the Court, upon the pleadings, exhibits and proofs, and the Court having heard and duly considered the same and the arguments of the respective counsel, It is ordered, adjudged and decreed that it be referred to John Y. Page and Jonathan Jones, as commissions, to take and state an account between the said Plaintiff and Defendants, touching and concerning the business of the said steamboat "Dresden" and that they report to the Court with all convenient dispatch. For the convenience of the Court and parties said Commissioners will state such account in two distinct modes; by the one including the last trip of the said Boat, and by the other excluding the same, but including all repairs which may be shown to have been proper and necessary previous to the said last trip, with leave to both parties to take such proof before the said commissioners, (and which proof shall be reported by them,) as to enable the Court to determine which of the said accounts so directed to be taken shall finally be adopted.
**State to use Richard J. Curle's Admr. Plaintiff. vs. George Marshall, et. al. Defendants.**
Motion by defendant Mackenzie in arrest of judgment filed.
**In the matter of there assignment of Mudgett & James.**
Motion for order upon Ben F. Hickman & Robert Fischer assignees, to file Account & Inventory & appoint day for having claims, withdrawn.
**John Doyle, Plaintiff. vs. Jane Doyle, Defendant.**
Exception to Commissioner's Report & Application by defendant for allowance for expenses in defending suit &c. continued by consent the next term of this Court.
**The North Missouri Rail Road Company, Plaintiff. vs. Pelagie Chauvin, Julia Emmons & Benjamin Emmons, Junior, in right of his wife the said Julia Emmons, Lise Ham & Peter N. Ham, in right of his wife the said Lise Ham, Caroline Robb & Findley Robb, in right of his wife the said Caroline Robb, Alexander Chauvin, Charles Chauvin and the following named minors, to wit: James Chauvin, and Adine Chauvin, buy their guardian Chauvin V. Le Beau. Defendants.**
Judgment. Now at this day come the parties by their attornies, and by agreement of said parties leave is by the Court here given to plaintiff to withdraw the petition therefore filed and to file an amended petition, which is done accordingly. And upon further agreement of the parties, the report of the receivers filed herein is set aside, and the parties here in Open Court waive the appointment of other viewers and agree upon the sum of the six thousand and four hundred and dollars as the amount of the damages which will be done to the land of defendants and the improvements thereon, after taking into consideration the value of said land and the advantages and disadvantages of the Rail Road to the tract or lot of which the same forms a part. Whereupon it is considered by the Court that the defendant James Chauvin recover of the plaintiff the sum of fifteen hundred dollars, and that the defendants Pelagie Chauvin, Julia Emmons & Benjamin Emmons, Junior, Lise Ham & Peter N. Ham, Caroline Robb & Findley Robb, Alexander Chauvin, Charles Chauvin & Adine Chauvin, recover of the plaintiff the sum of four thousand and nine hundred dollars, for their damages aforesaid, together with their costs in this behalf expended, and that they have execution therefor. And it is ordered, adjudged and decreed that the fee
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simple title be vested in the North Missouri Rail Road Company aforesaid to the land described in the amended petition of plaintiff, that is to say, "a strip of ground three hundred feet wide which was reserved and not divided in the partition case among the defendants above named in the St. Louis Land Court, (being No.150 of the Returns to the March Term 1854) as the same is designated on the plat returned with the Commissioners Report in said case - upon which said strip of ground the rail road of said company is now located. Also a strip of ground fifty feet wide adjoining the said last mentioned strip on the north and extending from a point opposite station of said rail road No. 956, and parallel with the center line located for the track of said rail road into the Missouri River, Also, an additional price of ground included within lines drawn as follows: Beginning at a point in the south line of the first above described strip opposite Station No. 956 aforesaid, thence by a line at right angles with said center line. Southwardly, ten feet, thence a direct line to a point opposite Station No 969 where a line three hundred and thirty feet long drawn southwardly form said station 969, and at right angles with said centre line will terminate, thence a line parallel with said centre line, westwardly, into the Missouri." And upon further agreement of the parties it is ordered, adjudged and decreed that the plaintiff be forever declared from leasing, selling or conveying to any other party or parties the ferry priviliges attached to the land herein described, and from so closing or abstracting the river front on said land as to prevent the defendants or either of them or their heirs or assigns from passing, without charge, to and from their lands on either side of the same, and also from suffering any nuisance to be erected or maintained upon said described land. And upon further agreement of the parties it is ordered adjudged and decreed that the said sum of six thousand four hundred dollars herein recovered by defendants be in full satisfaction of all damages sustained by defendants or either of them by reason of nay acts of the said North Missouri Rail Road Company or its agents acting under its authority or direction, and that any suits instituted by defendants or any of them for the recovery of such damages be dismissed, and that the costs of said suits or suits and of all proceedings which have been instituted on the part of said company for a assignment of damages or acquiring the right of way, be paid by the said plaintiff.
The Court adjourned until ten o'clock Monday morning next.
The Court met pursuant to adjournment, Present as before.
**The State of Missouri, Plaintiff. vs. Dominick J. Childs, Defendant.**
Indictment for Forger 2nd Degree.
Now at this day comes the circuit attorney who prosecutes for the State also comes the defendant in his own proper person and also comes his counsel, and defendant files his affidavit for a continuance of this cause until to-morrow, 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; and thereupon come also a Jury, viz: F. M. Hernandez, John Mound, Dennis Galvin, G. C. Bailey, John L. Kohler, James Mc. Dermott, Powell Links, Joseph Thibean, Antoine Vien, James Weaver, Risdon H. Price, & Samuel D. Walton, 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 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.
**State to use Frederick Shelly, Plaintiff. vs. Henry Kennedy, et. al. Defendants.**
Motion & reasons for non trial filed & continued until next term.
**Christoph Frenz, Plaintiff. vs. Anna M. Frenz, Defendant.**
The Court having duly heard and considered the motion for an attachment herein and being fully advised of and concerning the premises, both consider and adjudge that said motion be overruled.
**John Schilling, Plaintiff. vs. Anna C. Speck, Defendant.**
Affidavit for appeal filed, and on motion of the defendant by her attorney an appeal is granted her to the Supreme Court from the judgment herein, thereupon said defendant files a Bond, conditioned according to law, for such appeal, which said Bond is approved by the Court.
**George Bailey, Plaintiff. vs. Dalney Carr, Defendant.**
The Court having duly heard and considered the motion for a new trial herein, and being fully advised of and concerning the premises, both consider and adjudge that said motion be overruled.
**Andrew Kelly's Curator, Plaintiff. vs. Andrew Kelly's Admr. Defendant.**
Bill of Exceptions filed.
**Joseph B. Wells, Plaintiff. vs. Daniel D. Page, et. al. Defendants.**
Bill of Exceptions filed.
**In the matter of the assignment of Dayton J. Card.**
Assignee's Settlement.
And now comes Melvin L. Gray, Assignee of the said Dayton J. Card, and withdraws his prayer for the re-conveyance by him to said Dayton J. Card of the real estate remaining undisposed of by the Assignee: And it appearing from the report of William J. Remyon, to where the accounts of the said assignee were referred to audit the same, that all claims allowed by the said assignee in the first and second classes have been paid in full, and that the allowance placed in the third clap have been discharged, under an agreement between the said Card and the creditors in the class last and above specified, excepting only a balance on the claim of A. B. Rogers & Co. of sixteen dollars and twenty one cents, and that there is in the hands of the said Assignee after payment of the claims as aforesaid, (and including the unpaid balance on the claim of the said A. B. Rogers & Co.) the sum of One hundred and fourteen dollars and twenty one cents subject to the payments of the costs of this reference and of a certain suit instituted by the said assignee in New Orleans mentioned in the statement accompanying the accounts to filed by the said assignee, now on motion of the said assignee the report of the said William J. Romyn auditing and settling the said accounts is hereby confirmed, with leave to the said assignee to retain in his hands until duly
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demanded, the sum of Sixteen dollars and twenty one cents as aforesaid due and coming to the said A. B. Rogers & Co. and the probable amount also of the costs in the said suit pending at New Orleans, first paying out of the balance in his hands the sum of Ten dollars hereby allowed the said William J. Romyn for his services herein. said assignee to make final settlement in due course.
**Frederick Dent, Plaintiff. vs. John Sigerson, et. al. Defendants.**
Bill of exceptions filed.
**Adolph Louis, plaintiff. vs. Carles S. Greely, et. al. Defendants.**
Case and motion for Reveiw filed, and the court having duly herad and considered the same and being fully advised of and concerning the premises, both consider and adjudge that said motion be overruled, and by consent of parties leave is given the defendants to file a Bill of Exceptions herein during the ensuring vacation of this court.
**Richmond J. Curle's Admr. plaintiff. vs. George Marshall, et. al. Defendants.**
Motion in arrest of judgment continued until next term.
**Francis Charleson, et. al. plaintiffs. vs. Edward St. Michel. Defendant.**
On Interpleader of Francis A. Hunt. Bill of Exceptions filed.
**William Sheppered, et.al. plaintiffs. vs. St. Charles Westron Plank Road Co. Defendant.**
Bill of exceptions filed.
**Farmer's & Merchant's Bank of Momphis, plaintiff. vs. Kennedy Lonergan's Admrx, Defendant.**
By consent of parties, leave is given the plaintiff to file a Bill of Exceptions herein during the ensuring vacation of the court.
**Julian Gamache, plaintiff. vs. Christian Grim, et. al. Defendants.**
Motion for new trila continued until next term.
**The State of Missouri, Plaintiff. vs. Dominick J. Childs, Defendant.**
Indictment for Forgery 2d. Degree.
Now at this day comes again the circuit attorney who prosecutes for the state, also comes the defendant in his own proper person, also comes his counsel, and also come the jury sworn and empannelled herein, and thereupon the trail of this cause progressed and being concluded, the jury aforesaid upon their oaths aforesaid find the defendant not acquitted and go hence without day, Bill of exception filed, and on motion of the circuit attorney who prosecute for the state, an appeals is granted him to the supreme court from the judgment herein rendered.
**Charles Jeffers, plaintiff. vs. William Cranston &c. Defendants.**
The court having duly heard and considered the motion by said plaintiff for an order on the defendant Cranston to produce before John Y. Page, the Referee herein, the articles of agreement between Jeffars, Cranstone & Co. & Crosly, Denton & Co. for the grading of section 29 on the North Missouri Rail Road & all the masonry on section 28. 29. & 30 of said road, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained and that said defendant produce
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such articles of agreement before said Referee at such time as he shall notify him so to do.
The Court audits and allows an account of James Castello Esquire, Sheriff of St. Louis Country, amounting to One hundred and seventy dollars and five cents, for his attendance on the Court, and for stationery [for the ?] furnished for the use of the Court during it present term, and orders that said account be certified to the County Court for payment.
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**March Term 1857.**
**State of Missouri vs. County of St. Louis**
The Judge of this Court, on this ninth day of March, in the year of our Lord one thousand eight hundred and fifty seven, (being the day appointed by law for the commencement of the regular March term thereof,) and previous to the usual hour for opening Court on the first day of the term, having notified the Sheriff of the County of St. Louis that owing to his illness he could not attend the said term; and the said Judge having directed the said Sheriff, in consequence thereof, to adjourn the said Court to Tuesday the seventeenth instant; and the said Sheriff having duly adjourned the same in conformity with the direction of the said Judge, this COurt doth therefore stand adjourned till Tuesday, the seventeenth instant, at ten o'clock in the forenoon.
The Court met purusant to adjournment. Present the Honerable Abeander Hamilton, Judge, James Castillo Esquire Sheriff of St. Louis County and Stephen Rice, Clerk.
**Henry Dunster, et. al. vs. Gilbert J. Servell, et. al.**
Alligations & Interrogatories filed by leave of Court, and on motion of the plaintiffs by their Attorney, leave is given them to amend their petition therein, by inserting the wards "sixty three cents" on the twelfth line of said petition and between the wards "dollars" and "eight", which amendment was accordingly made.
**Stephen F. Sommers, vs. Henry Pilkington, et. al.**
Demurrer filed.
**George B. Murray, vs. Conrad Rapps.**
Proof of Publication filed.
**Joseph Bose, vs. Thomas S. Nelson.**
Motion for security for costs filed.
**James J. Suveringen, et. al. vs. Howard F. Christy, et. al.**
On motion of Franklin A. Dick Esquire, the Court allows him the sum of Forty dollars, for his services as Counsel herein, since the former report of sales herein, to be taxed as costs herein.
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**Henry J. Mudd, et. al. vs. B. M. Veatch,**
On motion of the plaintiffs by their Attorney, leave is given them to amend their petition herein by adding the name of "Alexis Mudd" as co-plaintiff also by interlining in the ninth line th word "sixty" and erasinng the word "one" and interlining in the thirteenth line the words "after due until paid," which amendments were accordingly made.
**John B. Ghio, vs. George N. Scollary, et. al.**
Answer filed.
**James Parter, et. al. vs. Matthew Shaffner.**
Answer of garnishees filed.
**Lounzo P. Sanger, et. al. vs. North Missouri Rail Road Company,**
Motion to strike out part of the petition filed.
**James Woods, et. al. vs. William Muir assignee of Francis Timmerman.**
Bill of exceptions filed by consent.
**Benjamin M. Runyan, vs. George N. Scollary, et. al.**
Answer filed.
**William C. Logan, vs. The St. Louis Oil Manufacturing Company,**
Confession of Judgment. Now at this day comes said plaintiff by his attorneys, and files the statement of said defendant duly verified by affidavit, whereby it confesses itself indebted to said plaintiff in the sum of ten hundered and nineeten dollars and twenty six cents, and consents that judgments be undered against it for said sum. It is therefore considered and adjuged by the court taht said plaintiff recover of said defendant the debt aforesaid inform aforesaid as confessed and also his costs and charges herein expended and have thereof execution.
**Edward V. Bryan, et. al. vs. Edward St. Michael,**
On interpleader of Francis A. Hunt, continued.
**Stephan M. Edgell, vs. Joseph S. Hull, et. al.**
Now at this day comes said plaintiff bt her attorney and dismisses this suit as to the defendant John S. M. Cune.
**William C. Anderson & Joseph Conn, vs. James S. Cherr Garnishe of the Columbia Insurance Company execution issue therefor.**
The plaintiffs having filed to reply to the answer of the garnishee herein within the time allowed him so to do, it is therefore, on motion of said garnishee by his attorney ordered by the court that he be discharged as such at his costs and that execution issue therefor.
**Mary J. Fawler, vs. Oscar Fawler.**
On motion of the defendant by his attorney, two weeks, additional time, is allowed him to answer herein.
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**#475.05 Alexander Mc. Elhinney, vs. George W. Loper.**
Judgment.
Now at this day come the parties herein by their respective Attorneys, and the plaintiff withdraws so much of his petition as charges fraud upon the defendant, and the defendant withdraw his plea in the nature of a plea in abatement herein, and thereupon the parties herein consent and agree that the Court may tender judgment in favor of said plaintiff and against said defendant for the sum of Four hundred and seventy five 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 agreed and also his costs and charges herein expended and have thereof execution against the property attached under the writ of attachment issued herein.
**August W. Weber, vs. Henry A. Schnermann.**
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 Haigarty, vs. John Brook, et. al.**
Answer filed.
**Samuel Willi vs. James Castills**
Answer filed.
Washington F. Adams. vs. John F. Darby, et. al.
Answer and set off filed.
**Martin D. Hickman, et. al. vs. Nathaniel G. Woods, Exr.**
By consent and on motion of the parties herein, it is ordered by the Court that the order of dismissal heretofore entired herein, be and the same is hereby set aside, and that this cause be placed on the trial docket of the present term of this Court.
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The court met pursant to adjournment. present as before.
**James S. M. Lain. vs. Pleasant Deveiney, et. al.**
Now at this day comes the plaintiff by his attorney and dismisses this suit as to the defendant Benjamin F. Beasly.
**Joseph Bone vs. Thomas S. Nelson.**
Answer & counter claim filed.
**George B. Sanderson, vs. Rudolf Geiger, Jacob Ottenad, & Philip Roedeer**
Dismissal.
On motion of the plaintiff by his Attorney it is ordered by the Court that this cause be dimissed at the costs of said plaintiff and that execution issue therefor. Leave is given the plaintiff to withdraw the note send on herein.
**John Wesley, Michael Dufenbach & Caspar Smelter.**
Dismissal.
On motion of the plaintiff by his attorney it is ordered by the court that this cause the dismissed at the costs of said plaintiff and that execution issue therefor.
**George Fahnestock. vs. Agariah Connelly & William H. Haggerty**
Confession of judgment.
Now at this day come said defendant and file their statement duly verified by affidavit, whereby they confeses themselves indebted to said plaintiff in the sum of one dollars and consent that judgment be rendered against them for said sum. It is therefore considered and adjudged by the court that saidf plaintiff recover of said defendants the debt aforesaid in form aforesaid as confessed and also his costs and charges herein expended and have thereof execution.
**William N. Nakelam, vs. Charles H. Valentine, et. al. parts of Answer filed.**
Now at this day comes said plaintiff by his attorney and dismisses this suit to the defendant B. N. Carter. Motion to strike out parts of Answer filed.
**Mary A. Reed. vs. Nathaniel Reed.**
Now at this day comes said plaintiff by his attorney and confesses the demurrer of the defendant herein. Leave is given said plaintiff to file an amended petition herein within ten days fron this date.
**State to use James J. Soveringen, et. al. vs. Mark Moss, et. al.**
Continued by consent.
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**James A. Beal, vs. Griffin P. Theobald & James K. B. Rice.**
Order of Injunction.
On reading and considering the petition of plaintiff, it is apperaing that the relief prayed for therein should be granted. It is therefore ordered, that said defendants their agents and servants, be and they are hereby enjoined and restrained from selling or otherwise disposing of any of the property and effects, right and credits of the firm therefore confused if said plaintiff and defendants, the plaintiff first executing bond with security in the sum of ten thousand dollars conditioned according to the statute in such case made and provided.
**Luther C. Clark vs. John Maguine.**
continued.
**The Bank of the state of Missouri vs. Loring Pickering, et. al.**
continued.
**Julia Moriss. vs. James K. Philliber.**
Continued by consent.
**Issac J. Greene vs. Dennis Marks, et. al.**
By consent this cause is placed at the foot of the trial docket of this term.
**William D. Houghtaling vs. Sylvester N. Ball, et. al.**
Continued by consent.
James Sigerson, vs. Nicholas L. Harnesly, et. al.
Continued.
**Thomas Welster vs. William Anderson, et. al.**
Continued.
**Alexander Young vs. Thomas Welster, et. al.**
Continued.
**James D. Denegre. vs. Orrin Wales, et. al. Garnishes.**
Continued.
**Samuel Wainerright. vs. Richard Rowland, et. al.**
Continued.
**James Foy. vs. John Watson, et. al.**
Answer filed.
**Dred Scott, vs. Iron Emerson.**
Judgment.
Now at this day comes the parties aforesaid by their respective attorneys, and waiving a jury submit the issues joined between the parties the court, and the court both find that the defendant is not gulity in manner and form as in the plaintiff's declaration alleged. 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 her costs and charges herein expended and have thereof execution.
**Harriett Averoman of color, vs. Iron Emerson.**
Judgment.
Now at this day comes the parties aforesaid by their respective attorneys, and by cent and according to the stipulation filed herein and on motion of said parties, it is ordered by the court that the judgment therefore rendered herein be and the same id hereby set aside and for naughty held: and thereupon the parties herein waiving a jury submit the issues joined between the parties herein to the court, and the court both find that the defendant is not guilty in manner and form as in the plaintiff's declaration alleged. It is therefore considered and adjudged by the court that said plaintiff take nothing by her said 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.
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**Patrick Gorman, vs. Stephen Finn.**
On motion of the plaintiff by his attorney, it is ordered by the court that the report of the receiver herein, be and the same is hereby confirmed; and that death of the defendant having been, at thr April term eighteen hundered and fifty four, suggested to the court, and no representatives having been brought in, it is ordered by the court that this suit do abate.
The court met pursuant to adjourned, present as before.
**John J. Chamberlian. vs. Julia M. Chamberlain.**
Demurrer filed.
**The State of Missouri vs. William Burke & George Brown.**
Alais seire facias on Forfieted Recognizance.
Now at this day comes the said State of Missouri by its attorney, and sheriff of the country now here returns into court that the said William Burke & George Brown were not now were they or either of them found in his bailwick whereby he could mae known to them or either of them to appear at this term of this court to show cause if any they had or anything could say why the state of mifsouri should not have execution against them in this behalf as by the writ of alias scire facias here to fore issued to him returnable to the present term of this court he was commanded, and the said William Burke and George Brown although solemnly called do not both either of them come but make default, and the recognizance entered into before this court by the said William Burke and George Brown having been the twenty sixth day of october in the year eighteen hundered and fifty by this court forfeited, and the sheriff having returned the scire facias and alias scire facias that the said named parties were not found in his country. Therefore it is considered that the said State of Missouri have execution against of one thousand dollars by him inform aforesaid acknowledged, according to the force form and effect of the said recognizance by the default of them the said William Burke and George Brown together with her costs of suit.
**The State of Missouri vs. James L. Cassidy, Pierre Chonteau Jr. & James Cassidy.**
Alias scire facias on Forfieted recognizance.
Now at this day comes that the State of Missouri by its attorney, and the sheriff of the country now here reurns into court that the said James L. Cassidy, Pierre chouteau Jr. & James Cassidy were not now were they or either of them found in his bailwick whereby he could make known to them over either of them to appear at this term of this court to show cause if nay they had or nay thing could say why the State of Missouri should not have execution against them in this beahalf as by the unit alias scire facias therefore issued to hom returnable to the present term of this court he was commanded, and the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy although solemnly called do bot now do the either of them come but make default, and the recognizance entered into before this court by the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy having been on the twenty sixth day of October in the year eighteen hundered and fifty by this court forfieted, and the sheriff having returned the scire facias and facias and alias facias that the said names parties were not
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found in his County. Therefore it is considered that the said State of Missouri have execution against the said James L. Cassidy, Pierre Choutean Jr. & James Cassidy, that is to say, against the said James L. Cassidy of the said sum of Five hundred dollars by him in form aforesaid acknowledged, and against the said Pierre Choutean Jr. of the said sum of Five hundred dollars by him in form aforesaid acknowledged, and against the said James Cassidy of the said sum of Five hundred dollars by him in form aforesaid acknowledged, according to the force form and effect of the said recoginizanced by the default of them the said James L. Cassidy, Pierre Choutean Jr. & James Cassidy together with her costs of suit.
**[The State of Missouri. vs. James L. Cassidy, Pierre ?]**
[Alias Sevie facias on Forfeited Recognizance. ?]
[Now as this day comes the said State of Missouri by its Attorney and the Sheriff of the County now here returns into Court that the said James L. Cassidy, Pierre Choutiawfu, & James Cassidy were not nor were they or either of them found in his bailwick whereby he could make known to them or either of them to appear at this term of this Court to show cause if any they had a any thing could say why the State of Missouri should not have executing against them in this behalf as by the writ of alias serie facias heretofore issued to him returnable to the present term of this Court he was commanded and the said James L. Cassidy, Pierre Choutau Jr. & James Cassidy although solemnly called do not nor doth either of them come not make default, and the Recognizance entered into before this Court by the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy having been on the twenty sixth day of October in the year Eighteen hundred and fifty five by this Court forfeited, and the Sheriff having returned the seire facias and alias seire facias that the said named parties ever not found in his County. Therefore it is considered that the said State of Missouri have execution against the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy, that is to say, against the said James L. Cassidy of the said sum of Five hundred dollars by him on form aforesaid acknowledged; against the said Pierre Chouteau Jr. of the said sum of Five hundred dollars by him in form aforesaid acknowledged and against the said James Cassidy of the said sum of Five hundred dollars by him in form aforesaid acknowledged according to the force form and effect of the said recognizance by the default of them the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy together with her costs of suit. ?]
**[The State of Missouri. vs. James L. Cassidy. Pierre ?]**
[Alias Serie facias an Forfeited Recognizance. ?]
[Now at this day comes the said State of Missouri by its Attorney and the Sheriff of the County now here returns into Court that the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy were not nor over they out either of them found in his bailiwick whereby he could make known to them or either of them to appear as this term of this Court to show cause if any they had or any thing could say why the State of Missouri should not have execution against them in this behalf as by the writ of alias seire facias heretofore issued to him returnable to the present term of this Court he was commanded, and the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy although solemnly called do out nor doth either of them come but make default, and the Recognizance entered into before this Court by the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy having been on the twenty sixth day of October in the year Eighteen hundred and fifty five by this Court forfeited, and the Sheriff having returned the serie facias and alias seire facias that the said named parties were not found in his County. Therefore it is considered that the said State of Missouri have execution against the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy, that is to say, against the said James L. Cassidy of the said sum of Five hundred dollars by him in form a foresaid acknowledged, against the said Pierre Chouteau Jr. of the said sum of Five hundred dollars by him in form aforesaid acknowledged, and against the said James Cassidy of the said sum of Five hundred dollars by him in form aforesaid acknowledged according to the force form and effect of the said recognizance by the default of them the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy together with her costs of suit. ?]
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**[The State of Missouri vs. James L. Cassidy, Pierre Chouteau Jr. & James Cassidy ?]**
[Alias seire facias on Forfeited Recognizance. ?]
[Now at this day comes the said State of Missouri by its Attorney and the Sheriff of the County now here returns into Court that the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy were not nor were they or either of them found in his bailiwick whereby he could make known to them or either of them to appear at this term of this Court to show cause if any they had or any thing could say why the State of Missouri should not have execution against them in this behalf as by the writ of alias seire facias heretofore issued to him returnable to the present term of this court he was commanded, and the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy although solemnly called do not nor doth either of them come but make default, and the Recognizance entered into before this Court by the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy having been on the twenty sixth day of October in the year Eighteen hundred and fifty five by this Court forfeited, and the Sheriff having returned the serie facias and alias seire facias that the said named parties were not found in his County. Therefore it is considered that the said State of Missouri have execution against the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy that is to say, against the said James L. Cassidy of the said sum of Five hundred dollars by him in form aforesaid acknowledged, against the said Pierre Chouteau Jr of the said sum of Five hundred dollars by him in form aforesaid acknowledged and against the said James Cassidy, of the said sum of Five hundred dollars by him in form aforesaid acknowledged according to the force form and effect of the said recognizance by the default of them the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy together with her costs of suit. ?]
**[The State of Missouri. vs. James L. Cassidy, Pierre Chouteau Jr. & James Cassidy. ?]**
[Alias seire facias on Forfeited Recognizance. ?]
[Now at this day comes the said State of Missouri by its Attorney and the Sheriff of the County now here returns into Court that the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy were not recover they or either of them found in his bailwick whereby he could make known to them or either of them to appear at this term of this Court to show cause if any they had away thing could say why the State of Missouri should not have execution against them in this behalf as by the writ of alias seire facias heretofore issued to him returna ble to the present term of this Court he was commanded, and the said James L. Cassidy, Peirre Chouteau Jr. & James Cassidy although solemnly called do not nor doth either of them come but make default, and the Recognizance entered into before this Court by the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy having been on the twenty sixth day of October in the year Eighteen hundred and fifty five by this Court forfeited, and the Sheriff having returned the seire facias and alias seire facias that the said named parties were not found in his County. Therefore it is considered that the said State of Missouri have execution against the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy, that is to say, against the said James L. Cassidy of the said sum of Five hundred dollars by him in form aforesaid acknowledged, against the said Pierre Chouteau Jr. of the said sum of Five hundred dollars by him in form aforesaid acknowledged and against the said James Cassidy of the said sum of Five hundred dollars by him in form aforesaid acknowledged according to the force form and effect of tyhe said recognizance by the default of them the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy together with her costs of suit. ?]
**Petruse Thevenin. vs. Henry J. Grave.**
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.
**Melissa J. Parker. vs. James Parker.**
Dismissal.
On motion of the plaintiff by her Attorney, it is ordered by the Court that this causes be dismissed at the costs of the defendant and that execution issue therefor.
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**#194. William N. White & James Porter. vs. Jacob Rhodes.**
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 ninety four dollars. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the debt aforeside in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**#265.67 Emanuel Block. vs. Solemon H. Robbins.**
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 an motion of said plaintiff by his attorney, it is ordered by the Court that the petition of said plaintiff betaken 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 Ten hundred and sixty five dollars and sixty seven cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Charles Speck, et. al. vs. The Steam Boat "James E. Wooruff."**
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 Berne in Switzerland.
**Stephen Heys, et. al. vs. Wilson A. Charleville.**
It appearing to the satisfaction of the Court from the statement of James Castele Esquire, Sheriff of St. Louis County, this day filed herein, that the keeping of the property, by him taken into his possession under and by vertue of the writ of attachment herein, is liable to be attended with great loss and expense before the probable termination of this suit. It is therefore ordered by the Court that said Sheriff proved to sell said property according to the statute in such case made and provided, and that he make report of his proceedings under this order to this Court with all conveniens dispatch.
**Henry Marks, et. al. Geremiah P. Murphy, et. al.**
Now at this day come the plaintiffs by their Attorney and dismiss this suit as to the defendant Mary Murphy and Alice Nugens.
**George G. Presbury, et. al. vs. Leander Lawernce.**
Answer filed.
**John H. Rohlfing. vs. John Gutbred.**
Answer and three Echibits filed.
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**Lorenzs P. Sanger, et. al. vs. The North Missouri Rail Road Co.**
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 New York.
**William M. Rideout. vs. Frank Dawling and Thomas G. Chadwick.**
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 sixteen dollars and sixty eight cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Louis A. Benirst, et. al. vs. Lydia M. Rector, et. al.**
Continued by consent.
**Hudson B. Powell, vs. Michael Buckley.**
Continued by consent.
**George W. Cable, et. al. vs. William C. Martin, et. al.**
Continued as on affidavit at costs of defendants.
**William Wade, et. al. vs. Eleazer J. Beard. et. al.**
Continued as on affidavit as costs of defendants.
**Eliza M. Perry, et. al. vs. Mason Frissell, et. al.**
Continued.
**David Woodman, vs. The Illinois Coal Company.**
The death of the plaintiff having, at the October Term Eighteen hundred and fifty five, been suggested to the Court, and no steps having been taken to being in his representatives, according to the statute in such case made and provided, it is ordered by the Court that this suit do abate.
**Jacob Fackler, vs. Henry Fackler's Admr.**
Continued by consent.
**William C. Wills, vs. Joseph Rowe, Garnishee.**
Continued by consent.
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**Martin Kerigan, vs. Robert J. Wingate, Garnishee.**
Interrogatories filed.
**George D. Little, et. al. vs. R Shields,**
Answer of Garnishees filed.
**George W. Brooks, vs. Thomas Wall,**
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.
**Harvey H. Humphreys, vs. James Castells.**
Order of Replevin.
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 by the Court that the defendant deliver the property specified in the petition to the Coroner of St. Louis County, and said Coroner is hereby directed if said property be not delivered to him to take it from the defendant and deliver it to the plaintiff.
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The Court met pursuant to adjournment, Present as before.
**Washington F. Adams, vs. John F. Darby, et. al.**
Demurrer to counter claim filed.
**The State of Missouri, vs. Joseph A. Capurro.**
Demurrer filed.
**Isaac Shook, vs. Deadem Shook.**
Proof of Publication filed.
James Kennedy & Frederic Des Comlies, two credible witnesses, come into open Court and prove to the satisfaction of the Court the execution by Elizabeth Barber, Henry A. Booth & Clarissa J. Booth of a Deed of Emancipation to their negro man named "Iam", aged about forty seven years.
**James A. Beal, vs. Griffin P. Therbold & James K. B. Rice.**
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. Leave is given said plaintiff to withdraw the exhibits by him filed herein.
**Daniel Blvdgett, vs. Isaac J. Greene.**
Continued as on affidavit at costs of defendant, and 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 Wisconsin.
**John W. Greene, vs. Ellen Dickson.**
continued by consent.
**In the matter of Bryan Mullanphy.**
Continued.
**John Riggin. vs. Andrew J. Coms, et. al.**
Continued by consent.
**Lawrence Myers, et. al. vs. William Monroe.**
Continued by consent.
**William J. Smith. vs. Joseph Mogridge, et. al.**
Continued by consent.
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**George W. Fuller. vs. David Rees.**
Abstract of issues filed.
**Mary A. Reed. vs. Nathaniel Reed.**
Amended Petition filed.
**Elizabeth Lorain. vs. Antoine Loraines, John B. Lorain, Paul Sorain, Michael Lorain, Louis Lorain, Thomas Medley & Mary his wife, Samuel Bellville & Josephine his wife, William Bellville & Adelia his wife, Andrew Pressi & Cecil his wife, John Adolph & Amanda his wife, Therese Ouver, Joseph Lorain, Ellen Lorain, Harris Lorain, Emily Lorain & Thudille Lorain.**
Order of Publication.
The Sheriff having made return that the defendants John B. Lorain, Thomas Medley & Mary his wife, Samuel Bellville & Josephine his wife, Adeline Bellville. Andrew Pressi & Cecil his wife, cannot be found, and the court being satisfied that said defendants cannot be served with proofs, it is therefore, on motion of the plaintiff by her attorney, ordered by the Court that said defendants [cannot be served in ?] be notified by the publication according to law of this order in the Missouri Democrat a newspaper printed in the City of St. Louis, that said plaintiff has instituted suit against them in the St. Louis Circuit Court the object of which is to establish at the last will and testament of John B. Loraine an instrument of writing presented to the Probate Court of St. Louis County and by it rejected on the second day of June Eighteen hundred and fifty one, and that unless they be and appear at the next time of said Court to be begun and held at the City of St. Louis on the first 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 them as confessed.
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The Court met pursuant to adjournment, Present as before.
**Christ of Carl Andreas. vs. Auguste Andreas.**
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 in the Missouri Democrat, a newspaper printed in the City of St. Louis, that said plaintiff has instituted suit against her in the St. Louis Circuit Court, the object of which is to obtain a divorce from her on the ground of desertion, and that unless she be and appear at the next term of said Court to be began and held at the City of St. Louis on the first 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 her as confessed.
**Thomas B. Ellis, vs. Richard C. Shackelford.**
Answer and set off, and one Exhibit filed.
**Thomas F. Smith's Admr. vs. Frederick W. Beckwith's Admr. et. al.**
Demuner by defendants Walter H. Dorsett & Marshall Brotherton, filed.
**William M. Marrison & Ruffus J. Lackland. vs. Platt R. Greene, James K. Burtis & Thomas W. Alexander.**
Judgment.
Now at this day come the said plaintiffs, by their Attorney, and file proof satisfactory to the Court that the order of publication made in this cause at the last term of this Court has been duly published according to the terms thereof and to law; and thereupon the said plaintiffs move the COurt to strike out, as irrelevant & frivolous, the answer herein before filed by the defendants James K. Burtis & Thomas W. Alexander, which being seen & heard and by the Court here fully understood, it is consider by the Court that said motion be sustained; and the said defendants being called come not, but make default, wherefore it is ordered that the petition herein be taken against them as confessed; and this action being founded on instruments of writing for the direct payment of money the plaintiffs waive a Jury & sulmit this cause to the Court, and the Court fending from said instruments of writing that said defendants are indebted to the plaintiffs in the sum of nine thousand seven hundred and eleven dollars, It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the debt aforesaid in form aforesaid as found and also their costs and charges herein expended, and have thereof execution, as to said Platt R. Greene against his property attached at the commencement of this suit, and as to the said James K. Burtis and Thomas W. Alexander, as well against the property of said James K. Burtis attached as the commoncement of this suit, as against their property generally.
**Henry Dunster, et. al. vs. Gilbert J. Servell, et. al.**
Answer of Garnishee Edwin A. Skeele, filed.
**Lorenzs P. Sanger, et. al. vs. Henry Harber.**
Answer filed.
**Lucien H. Fuller vs. Albert G. Vaughn**
Answer filed.
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> Handwritten Page Number on Record Book: 173
**James A. Beal. vs. Griffin P. Theobald, James K. B. Rice & Nathan L. Rice.**
Order of Injunction.
On reading and considering the petition of the Plaintiff this day filed. It is ordered by the Court that on his executing bond in the penalty of Ten thousand dollars, conditioned according to the Statute in such case made and provided the defendants Griffin P. Therbald & James K. B. Rice and each of them, their servants and agents be restrained and enjoined from intermeddling with, or selling or otherwise disposing of the property or effects, and from collecting or receiving any of the debts, of the non firm of G. P. Theobold & Co. in the said petition mentioned, until the further order of this Court, and also that the defendant Nathan L. Rice, his agents and servants, be restrained and enjoined from selling or otherwise disposing of the property and effects assigned or transferred to him by the said Griffin P. Theobald and James K. B. Rice, as charged in the said petition, and from collecting or receiving, or in any manner disposing of any of the debts of the said new firm of G. P. Theobald & Co. so transferred or assigned to him, until the further order of this Court.
**Richmond J. Curle's Admr. vs. George Marshall, et. al.**
Now at this day comes the defendant Mackenzie by his Attorney, and withdraws his motion in arrest of judgment herein.
**Charles Fuhrman, vs. Charles Eberhard.**
The Court having duly heard and considered the motion for security forests herein and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained, and that unless said plaintiff give such security within ten days from this date, this cause shall stand dismissed.
**Thomas J. Kyser, vs. 63. John O'Fallen Jr.**
The Court having duly heard and considered the motion for security for costs herein and being fully advised of and concerning the promises, doth consider and adjudge that said motion be sustained, and thereupon said plaintiff gives such security. Leave is given the defendant to answer herein within two weeks from this date.
**Thomas J. Kyser. vs. 64. John O'Fallen Jr.**
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 thereupon said plaintiff gives such security. Leave is given the defendant to answer herein within two weeks from this date.
**Thomas J. Kyser. vs. 99. John O'Fallen Jr.**
The Court having duly heard and considered the motion for security far costs herein and being fully advised of and concerning the promises, doth consider and adjudge that said motion be sustained, and thereupon said plaintiff gives such security. Leave is given the defendant to answer herein within two weeks from this date.
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The court met purusant to adjourned, present as before.
**Coleman Pruett, et.al. vs. Frederick Gelfart, et. al.**
Answer filed.
**Ernest Schnerr's Admr. vs. Theodore P. Green.**
Answer filed.
**James B. Doll. vs. Hezekial B. Stran.**
Confession of Judgment.
Now at this day comes the attorney for the plaintiff and files the statement of this defendant, duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of thirteen hundered and fifty 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.
**Edward S. Chase, et.al. vs. William J. Blow, et. al. garnishes of Ezra Easterly.**
The plaintiffs having failed to filed allegations & Interrogatories herein within the time in which they are required so to do, it is, on motion of Leonard Mathews, one of the garnishes herein, by his attorney, ordered by the court that he be discharged as such at the costs of said plaintiffs, and the court allows said garnishee the sum of five dollars for his trouble and expense in appearing herein, to be taxed as costs against siad plaintiffs.
**Josiah H. Abear, vs. George B. Michael.**
On motion of the defendant by his attorney, two days, additional time, is given them to answer herein.
**Christopher Crime, et. al. vs. Thomas A. Pickering, et. al.**
On motion of the defendants by their attorney, ten days, additional time, is given them to answer herein.
**State to use Frederick Shelly, vs. Henry Kennedy, et. al.**
The court having duly heard and considered the motion for a non trial herein and being fully advised of and concerning the premises, both consider ans adjudge that said motion be overruled.
**Lorenzo P. Sanger, et. al. vs. The North Missouri Rail Road Co.**
The court having duly heard and considered the motion to strike out of & from the petition of the plaintiffs, the part thereof which supports to be a report of a committee, and being fully advised of and concerning the preemises, both consider and adjudge that said motion be sustained. Leave is given said plaintiffs to amend their petition herein, within five days from this date, by erasing therefrom the part which supports to be a report of a commitee.
**James Young. vs. Lydia Young.**
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.
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> Handwritten Page Number on Record Book: 175
**Hermon H. Bodemon. vs. John Ozemon.**
The court having duly heard and considered the demurrer herein and being fully advised of and concerning the premises, both consider and adjudge that said demurrer be sustained as to the first specification therein contained, and 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.
**Stephen F. Sommers. vs. Henry Pilkington & Bartholomen Rice.**
The court having duly heard and considered the demurrer herein, and being fully advised of and concerning the premises, both consider and adjudge that said demurrer be sustained, and 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 D. Ford. vs. Edward A. Lewis & William L. Montague.**
Judgment by default. Now at this day comes said plaintiff by his attorney and dismisses this suit as to the defendant William A. Montague, but the defendant Edward A. Levis although duly summoned and called comes not but makes default. therefore 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, both find from the instrument of writting on which this action is founded that said defendant is indebted to said plaintiff in the sum of two hundered and fifty dollars and sixty six cents. It is therefore considered and adjudged by the court that said plaintiff recover of said defendant the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**James S. Mc. Lain, vs. Pleasant Devinney, et. al.**
On motion of the plaintiff by his attorney, leave is given him to withdraw the deposition of Frederick G. Mc. Lain filed herein for the purpose of remitting the same to the justice of the peace who took it, in order to have him amend his certificate thereto.
**Louis G. Picot. vs. Henry P. Wartman, et. al.**
Continued.
**Henry Boernstein, et. al. vs. Semion Eimer.**
Continued.
**Charles G. Cranston. vs. Fredinard Stange, Frederick Schulenburg, Francis Saler & Adolph Boeckler.**
Now suit.
Now at this day this cause being called for trial and no one appear in to prosecute the same, it is therefore, on motion of said defendants by their attorney 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 his behalf but than said defendants go therof without day and recover of said plaintiff his costs and charges herein expended and have thereof execution.
**Dainel C. Michael. vs. Isacc J. Wise.**
Amended Answer filed.
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**Eliza M. Perry, et. al. vs. Mason Frissell, et. al.**
Fifth Report of Charles D. Drake Commissioner filed.
**Edward Bredell, et. al. In Partition.**
Third Report of Charles D Drake Commissioner filed.
**Samuel Gaty, et. al. vs. Frederick Bartold.**
Answer filed.
**Daniel D. Page, et. al. vs. Dominick J. Childs, et. al.**
Report of Referee filed.
The Court met pursuant to adjournment. Present as before.
**Charles S. Hempstead. vs. Thomas Hempstead's admr. et. al.**
Petition for production of papers filed.
**George D. Humphreys, et. al. vs. Plate R. Green, et. al.**
On motion of the defendant by their attorney, leave is given them to amend their answer herein within fifteen days from this date.
**Stephen M. Edgell. vs. Joseph S. Hull.**
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, whereore an motion of said plaintiff by his attorney, it is ordered by the Court that petition of said plaintiff be taken against said defendant as confessed, and the plaintiff warning 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 an which this action is founded that said defendant is indebted to said plaintiff in the sum of nine hundred and twenty three dollars and ninty eight cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Josiah H. Obear. vs. George B. Michael.**
Answer filed.
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**Solomen Littlefiled. vs. The St. Louis & Iron Mountain Rail Road Company.**
Default.
Now at this day comes said plaintiff by his attorney but said defendant although duly summoned and called, comes not but makes default, therefore on motion of said plaintiff by his attorney, it is ordered by the court that the petition of said plaintiff be taken against defendant as confessed, and that enquiry of damages be had herein among the present term of this court.
**Elizabeth Woodward. vs. Joseph Field.**
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 his attorney, it is ordered by the court that the petition of said plaintiff be taken against defendant as confessed, and that enquiry of damages be had herein among the present term of this court.
**James Allen. vs. Sarah A. V. Allen.**
Default.
Now at this day comes said plaintiff by his attorney, but said defendant although duly summoned and called, comes not but makes default, therefore on motion of said plaintiff by his attorney, it is ordered by the court that the petition of said plaintiff be taken against defendant as confessed.
**Almira J. Fowler. vs. Oscar Fowler.**
Default.
Now at this day comes said plaintiff by her attorney, but said defendant although duly summoned and called, comes not but makes default, therefore 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.
**George N. Tifft. vs. John N. Willard.**
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, therefore 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 both 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 thousand and sixty one dollars and eighty five cents. It is therefore consider and adjudged by the court that said plaintiff recover of said defendant the debt aforesaid inform aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Mary Dauson. vs. John N. Dauson.**
Default.
Now at this day comes said plaintiff by her attorney, but said defendant although duly summoned and called, comes not but makes default, therefore 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.
**Lawerence Mathews. vs. Dainel O'B. Dougherty.**
Motion for judgment filed.
**The Bank of the State of Missouri. vs. John M. Krum Garnisher.**
Amended allegations & Interrogatories filed.
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**John L. Harbison & Francis B. Atherton.**
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 plaintiffs by their attorney, ordered by the court that said defendant be notified by the publication according to law of this order in the Missouri demoract, a newspaper printed in the city of St. Louis, 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 sixteen hundered and sixteen dollars and eighteen cents due upon accounts of work and labor done and performed and towage and fright earned by them, and that his property has been attached, and that unleps he be and appear at the next term of said court to be begun and held at the city of St. Louis on the first monday in october next and on before the sixth day of said term answer 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.
**Robert S. Armstrong, et. al. vs. George H. Schustor,**
Default.
Now at this day comes said plaintiffs by their attorney but said defendant although summoned and called, comes not but make default, therefore 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 taht enquiry of damages be had herein during the present term of this court.
**Morris Roreheim. vs. George H. Schuster.**
Judgment by default.
Now at this day comes said plaintiffs by their attorney but said defendant although duly summoned and called, comes not but make default, therefore on motion of said plaintiffs by his attorney, it is ordered by the court that the petition of said plaintiff be taken against said defendant as confessed, and waiving a jury submits this cause to the court, and the court having duly heard and considered the same both 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 hundered and eighty six dollars and seventy cents. It is therefore consider and adjudged by the court that said plaintiff recover of said defendant the debt aforesaid inform aforesaid as found and also his costs and charges herein expended and have thereof execution.
**John J. Anderson. vs. William Edds & Margaret Edds.**
Judgment by default.
Now at this day comes said plaintiffs by their Attorney, but said defendants although duly summoned and called, comes not but make default, therefore on motion of said plaintiffs 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 both 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 hundered and sixty eight dollars and sixty cents. It is therefore consider 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.
**John J. Anderson. vs. William Edds & Margaret Edds.**
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 Four hundred and sixty eight 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 hae thereof execution.
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> Handwritten Page Number on Record Book: 179
**William M. Morrison, et. al. vs. Platt R. Green, et. al.**
Motion to set aside judgment filed.
**George N. Fuller. vs. David Rees.**
Now at this day come the parties herein by their respective attorneys and thereupon come also a Jury, viz: Nicholas Lebrun, John P. Buddeke, Sebart Engert, Elijah Grant, Harrism Cordell, J. A. Pratt, Peter Wenger, John H. Burkhardt, G. D. Diamond, Augustus H. Mueller, Charles Karlen & George Bayha, tweleve good and lawful men, who being duly elected, tried and sworn the issues herein joined and truly to try the trial of this cause progrefsed, when the plaintiff by his attorney says he will not further prosecute his suit in this behalf but voluntarily takes a new suit. It is therefore considered and adjudged by the Court that said plaintiff take nothing by his said suit in his 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.
**Ashly C. Sugg, et. al. vs. John J. Roe.**
Continued as on affidavit at costs of plaintiffs.
**John Dunn. vs. William Nade.**
Continued by content.
**Daniel D. Page, Henry D. Bacon, Thomas Brown & Edward Nyman.**
Judgment.
Now at this day come said plaintiffs by their Attorney and move the court to confirm the Report of the Referee herein, and the court being satisfied that said Report is just and correct, and no objection being made to the confirmation thereof, doth confirm said Report, and the said Referee having found that said defendants and indebted to said plaintiff in the sum of two hundred and seventy eight dollars and forty cents. It is therefore considered and adjudged by the court that said plaintiff recover of said defendants the debt aforesaid inform aforesaid by the Referee found and also their costs and charges herein expended and have thereof execution.
**Sophia Druker. vs. Morris Druker.**
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.
**William Lottimer, Alfred Large, Edward Sullary, N. J. Davidson, Henry Simson & M. F. Hodges. vs. Francis A. Hunt garnisher of Edward St. Michel.**
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.
**Julius G. Guthrie vs. Alexander Bushnell, et. al. Cyrus H. Bent, et. al. vs. H. B. Stran Horatis N. Devol vs. Charles R. Griffith, et. al. Noah Deem vs. Charles R. Griffith, et. al. James Brooks, et. al. vs. Charles R. Griffith, et. al.**
Order of Sale.
It appearing to the satisfaction of the court from the statement of James Castello Esquire, Sheriff of St.Louis country, this day filed, that the keeping of the property by him attached under and by the virtue of the writs of attachment in the above entitled causes, will be attended with great loss and expense before the probable termination of said causes. It is therefore ordered by the court that said sheriff proceed to sell said property according to the statute in such case made and provided, and that he make report of his proceed-
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> Handwritten Page Number on Record Book: 180
ings under this order to this court with all convenient dispatch.
**Peter Chandler. vs. Dainel D. Page & Henry D. Bacon.**
Judgment by default.
Now at this day comes said plaintiffs by their attorney but said defendant although duly summoned and called, comes not but make default, therefore on motion of said plaintiffs by his attorney, it is ordered by the court that the petition of said plaintiff be taken against said defendant as confessed, and waiving a jury submits this cause to the court, and the court having duly heard and considered the same both 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 hundered and ninety dollars and four cents. It is therefore consider and adjudged by the court that said plaintiff recover of said defendants the debt aforesaid inform aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Solomen Smith. vs. Leon J. Papin.**
Confession of Judgment.
Now at this day comes said defendant and files his statement in writing duly verified by affidavit, where by he confesses himself indebted to said plaintiff in the the sum of five hundered and fifty three dollars and seventy five 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 that debt aforesaid inform aforesaid as confefsed and also his costs and charges herein expended and have thereof execution.
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The Court met pursuant to adjournment, Present as before.
**James S. Mc. Lain. vs. Pleasant Devinney &c.**
Now at this day comes the plaintiff by his attorney and dismisses this suit as to the defendant John J. Sheridan.
**Susan C. Heisick. vs. George Heisick.**
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 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 this cause is continued until the next term of this Court.
**William A. Lee. vs. John Valentine, et. al.**
Now at this day comes said plaintiff by his attorney, and dismisses this suit as to the defendants John Valentine, Charles Paffrath, Herman, Steins, & Charles H. Havens; but the defendant n 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.
**Edward S. Chase & Hatfield Halsted. vs. William T. Blow, Taylor Blow, William D. W. Barnard, Charles Barnard, & Joseph Charles garnishees of Ezra Easterly.**
The plaintiffs having failed to file allegations & Interrogatories within the time in which they are required so to do, it is, on motion of said garnishees by their attorney, ordered by the Court that hey be discharged as such at the costs of said plaintiffs and that execution issue therefor.
**Solomon Littlefield. vs. The St. Louis & Iron Mountain Rail Road Company.**
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. Answer filed.
**Edward Bredell, et. al. In Partition.**
Continued.
**Peter Reifschnider vs. Margaretha Reifschnider**
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 Scott vs. Hercules Carroll.**
Continued, and leave is given the plaintiff to amend his petition herein during the present term of this Court.
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**James Graham vs Jacob Ingraham**
Continued by consent.
**Samuel Rodgers, et. al. vs. Francis Watkins.**
Continued by consent.
**Reuben Beardslu. vs. Turner Maddox.**
Continued by consent.
The Court met pursuant to adjournment. Present as before.
**William Brunner, Samuel Brunner & John Jacob Brunner. vs. True Worthy Hoit.**
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 Nineteen 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 debt aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Gertrude Stork, vs. Frederick W. Sterk.**
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.
**Edward P. Curtis. vs. John Brook, James W. Sherman and Samuel Myerson.**
Judgment by default.
Now at this day comes said plaintiff by his attorney, and dismisses this suit as to the defendants John Brook & James W. Sherman, but the defendant Samuel Myerson 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 eighty two dollars and fourteen cents. It is thereafore
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> Handwritten Page Number on Record Book: 183
considered and adjudged by the Court that said plaintiff recover of said defendant the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution. Motion to set aside judgment filed.
**George B. Murray. vs. Cenrad Rapps.**
Judgment by default.
Now at this day comes said plaintiff by [their ?] 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 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 twenty six dollars. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution against the property attached under the writ of attachment herein.
**Charles S. Hempstead. vs. Thomas Hempstead's Admr., et. al.**
On reading and considering the petition of the plaintiff in that behalf, it is ordered by the Court that the said defendants do produce in Court, to be used on the trial of the above cause, a paper writing executed by John Biddle either in his own right or as agent of the United States about the month of November or December 1849 at or about the time of the compomise of a suit wherein Charles Gibson trustee of C. V. Wilson was plaintiff and John Biddle & others were defendants, the object of said paper writing being to release or to hold harmless Thomas Hempstead or his legal representatives from a judgment tendered in favor of the United States against said Thomas Hempstead as principal & Charlis Hempstead as security on the 7th day June 1823 for the sum of #13497.27, or that the said defendants show cause why the prayer of the petition should not be granted.
**John Doyle. vs. Jane Doyle.**
Motion by plaintiff not to include the expenses of the Children in any allowance made defendant filed.
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**Viewer Page 191** (rcdbook1856_26_0190.jpg)
> Handwritten Page Number on Record Book: 184
The Court met pursuant to adjournment. Presents as before.
**George D. Humphreys, Thomas E. Jutt, and Lucius H. Jerry. vs. The St. Louis Oil Manufacturing Company.**
Judgment by default.
Now at this day come said plaintiff 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 plaintiff 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 Twelve hundred and eighty three dollars and ninety seven cents. It is therefore considered and adjudged by the court that said plaintiff recover of said Defendant the debts aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**William Lings. vs Rapin E. Smith Garnishee of Edward Milligan.**
Default.
Now at this day comes said plaintiff by his attorney, but said garnishee 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 allegations of the plaintiff be taken against said Defendant as confessed, and that enquiry of damages be had herein during the present term of this court.
**Henry Benning. vs Emonic H. Benning.**
Divorce
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. It is therefore ordered by the court that this suit do abate.
**James Marnell. vs Jerime B. Jimmonds.**
Now at this day comes the plaintiff by his attorney and suggest to the court that since the commencement of this suit the defendant has departed this life, and this cause is continued until the next term of this court.
**Anna M. Rank. vs John S. Rank.**
Continued by consent, and leave is given the defendant to answer herein at any time during the present term of this court.
**Mary Cable. vs Issac Channery Cable.**
Dismissal.
On motion of the plaintiff by her 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.
**George F. Bainliw. vs Francis A. Hunt, et.al.**
Continued by consent as costs of defendants.
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**Viewer Page 192** (rcdbook1856_26_0191.jpg)
> Handwritten Page Number on Record Book: 185
**George Dengel, vs Malvina Dengel.**
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 this cause be dismissed at the costs of the plaintiff and that execution therefor.
**Johnan J. Boehm, vs Barbara Boehm.**
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 this cause be dismissed at the costs of the Plaintiff and that execution therefor.
**Isaac Shook, vs Diadem Shook.**
Divorce. Decree.
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 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 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 unmarried person, and it is further ordered by the court that Plaintiff pay the costs of this proceeding and that execution issue therefor.
**Samuel Maunder. vs Charles Semple & John Byrne Jr.**
Judgment.
Now at this day comes the Plaintiff by his attorney, and dismisses this suit as to the Defendant Charles Simple; and thereupon comes the Defendant Jon Byrne Jr. by his attorney, and the said parties [consent ?] Semple and Byrne by their attorneys consent and agree that the court may render judgment against said Defendant Byrne and in form of said Plaintiff for the sum of One cent, damages. It is therefore consider and adjudged by the Court that said Plaintiff recover of said Defendant the damages aforesaid in form aforesaid as agree and also his costs and charges herein expended and have thereof execution. and thereupon the Plaintiff by his attorney acknowledges to have received full and satisfaction of the above judgment for damages.
**Christopher F. Blanchard. vs Charles E. Comby and Stephen F. Walton.**
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 plaintiff by his attorney it is ordered by the court that said defendants be notified by the publication according to law of this order that said Plaintiff has instituted suit against them in the St. Louis circuit court, the object of which is to obtain judgment against them for the sum of Three hundred and forty five dollars due upon a note executed by said Defendants to said Plaintiff on the fourth day of August 1854, payable three and half months after date; and that their property has been attached, and that unless they be and appear as the next term of said court to be begun and held at the city of St. Louis on the first Monday in October next, and on or before the third day of said term answer the petition of said Plaintiff the same will be taken against them as confessed, judgment rendered against them and their property sold to satisfy the same.
**Christopher F. Blanchard. vs Henry S. Hamilton garnishee of Charles E. Comby, et.al.**
Continued.
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**Viewer Page 193** (rcdbook1856_26_0192.jpg)
> Handwritten Page Number on Record Book: 186
The Court met pursuant to adjournment. Present as before.
**Henry Dunster & George A. Sagendorph. vs. Gilbert T. Sewell, Robert H. Bennett & John Simmons.**
Order of Publication.
By leave of Court the plaintiff files the note, marked "Exhibit A." on which this suit is founded, 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 in the Missouri Democrat, a newspaper printed in the City of St. Louis, 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 Six hundred and ninety six dollars, due upon a note executed by said defendants to said plaintiffs, dated New York Feburary 28th 1856, payable eight months after date, and that their property has been attached, 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 first Monday in October next, and on or before the second day of said term answer the petition of said plaintiffs the some will be taken against them as confessed, judgment undered against them and their property sold to satisfy the same.
**George D. Little, et. al. vs. R. Shields.**
Denial of Answer of Helfenstien, Gore & Co. garnishees herein, filed.
**David Y. Bridges, et. al. vs. John W. Hedenburg.**
Amended Petition and Amended Answer filed.
**Frederick Myer, et. al. vs. George W. Fisher, et. al.**
Supplemental Answer of defendant Jones filed by leave of Court.
**George W. Fuller, vs. David Rees.**
Motion to set aside non suit and affidavit in support of same filed.
**John Hagarty. vs. John Brook, et. al.**
Motion for judgment filed.
**Lounzo P. Sanger, et. al. vs. The North Missouri Rail Road Company.**
On motion of the plaintiffs by their Attorney, ten days additional time, from this date, is given them to amend their petition herein.
**David Francis, et. al. vs. Joseph Hodgman.**
Satisfaction.
Now at this day come the plaintiffs by their Attorney and acknowledge to have received full and entire satisfaction of the judgment herein.
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**Viewer Page 194** (rcdbook1856_26_0193.jpg)
> Handwritten Page Number on Record Book: 187
The Court adjourned until nine o'clock Monday morning.
The Court met purusant to adjournment. Present as before.
**Thomas B. Carter, et. al. vs. Francis Spencer.**
Order of Sale.
It appearing to the satisfaction of the Court from the statement of James Castelle Esquire, Sheriff of St. Louis County, this day filed herein, that the keeping of the property by him attached under the unit of attachment herein, will be attended with great loss and expense before the probable termination of this suit. It is therefore ordered by the Court that said Sheriff proceed to sell, according to law, said property, and that he make report of his proceedings under this order to this Court with all convenient dispatch.
**Julian Gamache. vs. Christian Grimm, et. al.**
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, on condition that the defendants, within ten days, pay the costs of the trial at the last term, and go to trial at the present term, (should the plaintiff so elect.) said motion be sustained, and the defendants by their attorney, here accept the terms of the foregoing order.
**Charles Speck, et. al. vs. The Steam Boat "James E. Woodruff."**
Continued as on affidavit at costs of plaintiffs, and 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 Borna in Saxeny in Europe.
**Patrick Fury, vs. Thomas Burke.**
Judgment.
Now at this day come the parties herein 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 issue herein joined in farm 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.
**James Harrison. vs. Andrew J. Bonson, et. al.**
Continued by consent.
**Alanson C. Stewart, et. al. vs. George S. Case.**
Motion by defendant to suppress the deposition of John A. Kasson filed.
**Hyacinth Pigeon's Excutive. vs. Daniel D. Page, et. al.**
Continued by consent.
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**Viewer Page 195** (rcdbook1856_26_0194.jpg)
> Handwritten Page Number on Record Book: 188
**State to use Adam Worst. vs. Benjamin B. Hicks, et. al.**
Continued by consent.
**Charles L. Hunt. vs. James T. Mc. Jilton & John Mayger.**
Judgment.
Now at this day comes said plaintiff by his Attorney and dismisses this suit as to the defendant John Mayger, but the defendant James T. Mc. Jilton, 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 three dollars and sixty five cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**James Harrison, vs. Charles Hays & Deury Hall.**
On motion of the plaintiff by his Attorney, it is ordered by the Court that a Plurius Summons issue herein returnable to the next term of this Court, and this cause is continued until the next term of this Court.
**James Harison. vs. Samuel Lutee & A. Liuville.**
On motion of the plaintiff by his Attorney, it is ordered by the Court that a Plureies Summons issue herein returnable to the next term of this Court, and this cause is continued until the next term of this Court.
**John Hagarty. vs. John Brook, et. al.**
The Court having duly heard and considered the motion to strike out the Answer herein and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained. Leave is given the defendants to file an amended answer herein within ten days from this date.
**Joseph A. Leonard. vs. George Wood.**
Non Suit.
Now at this day this cause being called for trial and no one appearing to prosecute the same, it is therefore, on motion of said defendant by his Attorney, ordered by the Court that said defendant 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.
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**Viewer Page 196** (rcdbook1856_26_0195.jpg)
> Handwritten Page Number on Record Book: 189
The Court met pursuant to adjournment. Present as before.
Wilson Primm, Esquire, in a few neat and touching remarks, announced to the Court, the death of Willis L. Williams. Esquire, late a Member of the St. Louis Bar, and on his motion it is ordered by the Court that the following Resolutions, adopted at a meeting of the Members of the St. Louis Bar, held on yesterday the 30th instant, be spread upon the records of the Court of this day, and that the Court do non adjourn as a testimony of respect to the memory of said deceased, viz:
Resolved, that we deeply regret the sudden and unlooked for decease of our professional brother Willis L. Williams, in whom more than ordinary legal knowledge and ability were combined with warm and generous impulses, amiable disposition, constant courtesy of bearing, and general social qualities, which won for him, during his residence of fifteen years in our midst, the regard of a large circle of friends.
Resolved, That we sincerely sympathize with the family of the deceased in this afflicting bereavement.
Resolved, That we will in a body attend the funeral of the deceased, and as a mark of respect to his memory will wear the usual badge of mourning for a space of thirty days.
Resolved, That the officers of this meeting be directed to transmit a copy of its proceedings to the family of the deceased.
Resolved, That committees be appointed by the Chair to announce the decease of our brother to the Supreme Court, the Criminal Court, with a request that a copy of the proceedings of this meeting be spread at large upon the records of each of said Courts.
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**Viewer Page 197** (rcdbook1856_26_0196.jpg)
> Handwritten Page Number on Record Book: 190
The Court met pursuant to adjournment, Present as before.
**In the matter of William T. Luckey.**
Substitution of Trustee.
It appearing to the satisfaction of the Court from the statment of Enoch Luckey, Agent of William T. Luckey, duly verified by affidavit, that Hiram Lemon, Trustee of a certain Deed of Trust executed by Michael Haley on the 29th day of November 1855 and recorded in the Recorder's Office of St. Louis in Book No. 169. page 416, 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 James Castello, Esquire, Sheriff of St. Louis County, be and he is hereby appointed and substituted Trustee in place of said Hiram Lemon, with the like trusts and powers, according to the statute in such case made and provided.
Francis Robertson, who is personally known to the Court, comes into Open Court, and acknowledges the execution by him of a Deed of Emancipation to Margaret Ann Payne now about forty years old.
**Charles S. Hempstead, vs. Thomas Hempstead's Admr. &.**
Abstract of issues filed.
**John M. Mc. Keage. vs. William Nible.**
Affidavit of J. Z. Smith filed.
**David Y. Bridges, et. al. vs. John W. Hedenburg.**
Now at this day come the parties aforesaid by their respective attorneys and thereupon come also a Jury, viz: Leopold Fischer, Bernand Shabacker, Francis B. Novel, James H. Gibson, John L. Kohler, Charles Romain, John Frey, William L. Branch, J. Metcalfe, John Menke, James Johnson & H. J. Alles, twelve good and lawful men, who being duly elected, tried and sevorn the issues herein joined well and truly to try, the trial of this cause progressed, and being concluded the Jury retire to consider of their verdict.
**Francis J. Smith, vs. J. B. H. Jacobs.**
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, and this cause is continued until the next term of this Court.
**Mary A. Reed. vs. Nathaniel Reed.**
On motion of the plaintiff by her Attorney, leave is given her to file an amended petition herein within five days from this date.
**City of St. Louis to use James C. Campbell, vs. John W. Williams, et. al.**
Continued by consent.
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**Viewer Page 198** (rcdbook1856_26_0197.jpg)
> Handwritten Page Number on Record Book: 191
**The Bank of the state of Missouri, vs. John M. Krum & Chester Harding Jr. Garnishees of W. P. Penn.**
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.
**Morris Rosenheim. vs. Alice Allen.**
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.
**Ellen M. Gideon, vs. Joseph Gideon.**
Dismissal.
On motion of the plaintiff by her attorney, it is ordered by the Court that this cause be dismissed, and that the defendant pay the costs herein accused and that execution issue thereof.
**Charles Myers. vs. Duane J. Surdam, et. al.**
Now at this day come the defendants by their Attorney, and withdraw their motion filed herein for judgment against the plaintiff on the Bend executed by him herein.
**Emily Robinson, vs. William C. Robinson.**
Divorce. Decree.
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 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 be restored to all the rights and priviliges of an unmarried person, and recover of said defendant her costs and charges herein expanded and have thereof execution.
**Alanson C. Stewart, et. al. vs. George S. Case.**
Continued by consent.
**George D. Little, et. al. vs. R. Shields.**
Motion to strike out part of denial of Garnishees' answer filed.
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**Viewer Page 199** (rcdbook1856_26_0198.jpg)
> Handwritten Page Number on Record Book: 192
The court met pursuant to adjournment, Present as before.
**John Doyle, vs Jane Doyle.**
Decree.
And now come the said parties their respective counsel, and the exceptions of the Defendant to the report of the commissioner filed herein, having been heard and debated before this court, and the court having duly considered the same, the said exceptions are overruled, and the said report is in all things confirmed. And this cause coming on for final hearing, and being submitted to the court by the counsel of the parties upon the pleadings and proofs heretofore adduced, and upon the report aforesaid, and the proofs accompanying the same. It is ordered, adjudged and decreed by this court pursuant to the power and authority rested therein and to the statute in such case made and provide, that the said plaintiff do pay to the said Defendant, or to her order, until the further order of this court to the contrary, the annual sum of Five hundred and fifty six dollars, payable in equal quarterly installments, at the end of each and every quarter, commencing on this day, in each and every year, the same being deemed a suitable and necessary allowance for the support and maintainance of the Defendant, having regard to the circumstances of the respective parties. And also that the plaintiff do pay to the Defendant, or to her order, for the support and maintenance of the infant daughters of the said parties, during their respective minority, or until the further order of this court to the contrary the following annual sums, that is to say, the sum of Three hundred dollars for the support and maintenance of Mary Ann, the elder, and the sum of Two hundred and fifty dollars for the support and maintenance of Jane. The younger, both which last mentioned payments are in like manner to be made in equal quarterly installments, at the end of each and every quarter in each and every year, commencing on this day, said sums so ordered to be paid being deemed a just and reasonable allowance for the support and maintenance of the said infant children, having like regard to the circumstances and condition of the said plaintiff and the age and condition of the said children, and their support and maintenance. And it is further ordered that the plaintiff do within twenty days after service upon him of a city of this decree, give such security for the payment of the said several sums, at the times above specified, as shall be approved by this court, and upon his neglect or refusal to give such reasonable security within the time so specified, or upon his default, and that of his security. (in case such security shall be given.) to pay the said several sums, or either of them, at the times the same may fall due as above directed, that the Defendant be as liberty to apply to this court to award an execution for the collection thereof, or to enforce the performance of this decree or order by sequestration of the property of the plaintiff, or by such other lawful ways and means as may be according to the practice of this court, and to the statute in such case made and provided: the order of this court heretofore made for an allowance to the Defendant for her support, is to be deemed to have ceased as to any further allowance from and after the date of this decree. and it is further ordered and adjudged, that the motion of the plaintiff that the court award to him the care and custody of the said children be, and the same is hereby overruled, and the court doth order and adjudge that the Defendant is entitled to, and shall have, the care, custody and education of the said infant children, provided always that this order, as to such custody and charge may hereafter be modified. Varied or annulled, upon good cause shown. And it is further ordered and adjudged that either party be at liberty, upon a future change of circumstances in the parties or either of them, to apply for such modification or variation of this judgment or order, touching the allowances aforesaid, or either of them, as may be just and equitable. And it is further ordered and adjudged that the plaintiff pay the costs of this suit. (including the sum of hundred and sixteen dollars, hereby allowed the Commissioner for his services herein, together with the costs of reference, and the further sum of One hundred and fifty dollars, allowed the Defendant, being the sum paid by her to counsel in conducting this suit in her behalf.) to be taxed by the clerk of this court, and that the Defendant have execution therefor according to the course and practice of this court: and also that the Defendant be as liberty to apply to this court for any further order and direction that may be necessary and proper to carry into full effect this decree or judgment.
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**Viewer Page 200** (rcdbook1856_26_0199.jpg)
> Handwritten Page Number on Record Book: 193
**David Y. Bridges & Daniel C. Chapman. vs. John W. Hudenberg.**
Judgment.
Now at this day come again the parties aforesaid by their respective Attorneys, and the Jury impannelled and sworn herein also come, and the Jury aforesaid upon their oaths aforesaid find the issues herein issued 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.
**Joseph Garneau. vs. Pleasant Devinney, et. al.**
On motion of the plaintiff by his Attorney, leave is given him to amend his petition herein by striking out the names of J. C. Noel and J. D. Robinson, as defendants, and inserting in him thereof the names of J. S. Neal and D. C. Robinson, which amendment was according by made.
**Eliza S. White, vs. Henry White.**
Affidavit and motion for attachment &c. filed.
**Charles Speck, et. al. vs. The Steam Boat "James E. Woodruff."**
On motion of the plaintiffs by their attorney, it is ordered by the Court that a Dedimus Potestatiom issues herein on the part of said plaintiffs to John G. Flugel, United States Consul, at Leipsis in Saxny, in Germany.
**James Andrews. vs. Barney M. Lynch.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury, viz: John Frey, Leopold Fisher, Charles Romain, James H. Gibson, France B. Norel, Francis Overstollz, H. J. Alles, James Johnson, John Monke, John H. Schneberger, J. Metcalf & John L. Kohler, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, 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 forty nine dollars, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**James W. Paige, et. al. vs. Theodore R. Posey.**
Continued.
**Daniel C. Michael. vs. Isaac J. Wise.**
Dismissal.
By consent of the parties herein, it is ordered by the Court that this cause be dismissed at the costs of the defendant, and that execution issue therefor.
**William Wade, et. al. vs. The St. Louis Mutual Fire & Marine Insurance Co.**
Continued at the costs of the defendant.
**James D. Houseman, et. al. vs. James Hervitt, et. al.**
Continued by consent.
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**Viewer Page 201** (rcdbook1856_26_0200.jpg)
> Handwritten Page Number on Record Book: 194
**John Doyle. vs. Jane Doyle.**
Motion to set aside final judgment and for a re-hearing of this cause filed, and the Court having duly heard and considered said motion and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled. Bill of Exceptions filed.
**Joseph Meloan & Perry Meloan. vs. Reokuk Packet Company.**
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. vs. William Trusdail.**
Continued by consent.
**Morris Langhorne Sr., et. al. vs. Joseph L. Papin, et. al. Garnishees.**
Continued by consent.
**John Mathews, vs. Socrates Newman Garnishee of James Conran & C Edmund La Beaume.**
The plaintiff having failed to reply to the answer of the said Garnishee within the time which he is required so to do, it is therefore, on motion of said Garnishee by his Attorney, ordered by the Court that he be discharged as such as the costs of said plaintiff and that execution issue therefor, and the Court allows said Garnishee the sum of Ten dollars for his trouble and expense in appearing herein, to be taxed as costs herein.
**Mary A. Reed. vs. Nathaniel Reed.**
Second amended Petition filed.
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**Viewer Page 202** (rcdbook1856_26_0201.jpg)
> Handwritten Page Number on Record Book: 195
The Court met pursuant to adjournment. Present as before.
**George D. Little, et. al. vs. R. Shields,**
Now at this day comes Robert Compbell by his attorney, and moves the Court for leave to Interplead herein, and files his affidavit in support thereof, and the Court having duly heard and considered said affidavit, and being fully advised of and concerning the premises, doth grant such leave, and thereupon said Robert Compbell files his Interpleader herein.
**William Volland's Admr. vs. Henry Frahm.**
Motion for judgment filed.
**Cleander Mighells, vs. Lorenzs D. Jones.**
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.
**Cleander Mighells, vs. Lorenzo D. Jones.**
Order of Replevin.
Now as this day comes the plaintiff by his attorney and files a petitions and affidavit according to law, claimining 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 Saint Louis County, and said Sheriff is hereby directed if said property be not delivered to him to take is from the defendant and deliver is to the plaintiff.
**John M. Mc. Reager, Plaintiff. vs. William Wible, Defendant.**
Judgment.
Now as this day come the parties aforesaid by their respective attorneys and thereupon come also a Jury, viz: John H. Whight, John Menke, John Frey,Bernard Schabacker, John H. Schneberger,H. J. Alles, James H. Gibson, William L. Beanch, James Johnson, Leopold Fischer, Charles Romain & John L. Kohler, twelve good and lawful men, who being duly elected, tried and swarn the issues herein joined well and truly to try, the trail of this cause progressed, and being concluded the Jury aforesaid upon their oaths aforesaid find the issues herein joined in farm 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. Motion for a new trial filed.
**Marie Josephine Wynekus, vs. Avin Wynekus.**
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.
**James Andrews. vs. Barney M. Lynch**
Motion in arrest & Motion for new trial filed.
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**Viewer Page 203** (rcdbook1856_26_0202.jpg)
> Handwritten Page Number on Record Book: 196
**David Y. Bridges, et. al. vs. John W.Hedenberg.**
Motion for new trial filed.
**Henry C. Stochs. vs. Christian Schumacher & Christian Piper.**
By consent, and on motion of the parties herein, it is ordered by the Court that this cause be referred to Chester Harding Jr. to try the issues herein joined, who is directed to make report of his proceedings under this order to this Court with all conveniens dispatch.
**Linus Jackson, vs. Hermann Kallmann, Ferdinans Stange, Frederick Schulenburg & Adolph Boeckler.**
Judgment.
Now at this day comes said plaintiff by his attorney and dismisses this suit as to the defendants Frederick Schulenberg & Adolph Boeckler, but the defendant Hermann Kallmann & Ferdinand Stange 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 thereupon come a Jury, John H. Whight, John Menke, John Frey, Bernard Schabacker, John H. Schneberger, H. J. Alles, James H. Gibson, William L. Branch, James Johnson, Leopold Fischer, Charles Romain & John L. Kohler, tweleve good and lawful men, who being duly elected, tried and sworn well and truly to assess the damages sustained by the plaintiff herein by reason of the premises set out in his petition, and having heard the proofs, the Jury aforesaid upon their oaths aforesaid assess such a damages at the sum of Two hundred and ninety four dollars and twenty one cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the damages aforesaid in form aforesaid by the Jury assessed and also his costs and charges herein expended and have thereof execution.
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**Viewer Page 204** (rcdbook1856_26_0203.jpg)
> Handwritten Page Number on Record Book: 197
The Court met pursuant to adjournment, Present as before.
**George W. Fuller, vs. David Rees.**
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 said motion be overruled.
**John W. Greene, vs. Ellen Dickson.**
The Court having duly heard and considered the motion by the Clerk of this Court for security for costs herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained and that said plaintiff give such security within ten days, on that this suit stand dismissed at the costs of the plaintiff and that execution issue therefor.
**Mary A. Reed, vs. Nathaniel Reed.**
Now at this day comes the defendant by his attorney and withdraws his motion for security for costs herein.
**John Doyle, vs. Jane Doyle.**
Defendant's First & Second Bills of Exceptions filed, affidavit for appeal filed, and on motion of the pliantiff by his Attorney an appeal is granted him to the Supreme Court from the judgment herein, and thereupon John Doyle, as principal, and Barnard M. Crickard & William C. Smith, as securities, here in Open Court, acknowledge themselves to owe Jane Doyle the sum of Three 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. The plaintiff also files a Bond, conditioned according to law, for his appeal herein, which Bond is approved by the court.
**Thomas J. Kyser. vs. 63. John O'Fallow Jr.**
Answer filed.
**Thomas J. Kyser. vs. John O'Fallon Jr.**
Answer filed.
**Christopher Crone, et.al. vs. Thomas A. Pickering, et.al.**
Proof of Publication filed.
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**Viewer Page 205** (rcdbook1856_26_0204.jpg)
> Handwritten Page Number on Record Book: 198
The Court met pursuant to adjournment, Present as before.
**John H. Rohlfing, vs. John Gutbred.**
On motion of the defendant by his attorney, five days additional time, from this date, is given him to answer herein.
James R. Lackland, 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 and commonly called Summerville alias Summerville Brown, about thrity five or six years of age, of a copper complexion inclined to be fleshy and about five feet in height, and also the female infant child of the said Summerville the name of which is Eliza Ann Belle Brown and which was born on or about the first of January A.D. 1855.
**Magdelene Link, vs. Caspar Link.**
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 [it is ?] ordered by the Court that said defendant be notified by the publication according to law of this order in the Missouri Democrat, a newspaper printed in the City St. Louis 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 as the next term of said Court to be begun and held at the City of St. Louis on the first monday in October next and on or before the sixth day of said time answer the petition of said plaintiff the same will be taken against as confessed.
**James S. Mc. Lain, vs. Pleasant Devinney.**
Abstract of pleadings filed.
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**Viewer Page 206** (rcdbook1856_26_0205.jpg)
> Handwritten Page Number on Record Book: 199
The Court met pursuant to adjournment, Present as before.
**Hannah Johnson, vs. Cirneluis D. Johnson.**
Motion for leave to increase the damages laid in the petition filed.
**Charles Wiggins, vs. Mc. Millan, Sherman & co. et. al.**
The Court having duly heard and considered the demurrer herein, and being fully advised of and concerning the premises, doth consider and adjudge that said demurrer be overruled. Leave is given the plaintiff to amend his petition herein by setting out the names of the defendants whose names are not stated.
**Laurence Mathews, vs. Daniel O'B. Dougherty.**
The Court having duly heard and considered the motion to strike out the Answer herein and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained. Leave is given the defendant to file an aminded answer herein within two days from this date.
**Thomas J. Kyser, vs. 99. John O'Fallen Jr.**
The Court having duly heard and considered the demurrer herein and being fully advised of and concerning the premises, doth consider and adjudge that said demurrer be substained. Leave is given the plaintiff to file an amended petition herein within ten days from this date.
**Edward P. Curtis, vs. John Brook, et. al.**
Affidavit of Myerson in support of motion to set judgment filed.
**Washington F. Adams, vs. John F. Darby, et. al.**
The Court having duly heard and considered the demurrer to the counter claim herein, and being fully advised of and concerning the premises, doth consider and adjudge that said demurrer be sustained. Leave is given the defendants to file an amended counter claim herein within five days from this date.
**John Hagarty, vs. John Brooks &c.**
Amended Answer filed.
**Hull R. Jackson, vs. Turner Maddox,**
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.
**Eliza S. White, vs. Henry White,**
Award of Execution.
It being made to appear to the Court that the said Henry White has neglected and failed to provide for or pay the alimony due and payable by him to the said Eliza S. White by virtue of the judgment of this Court tendered on
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**Viewer Page 207** (rcdbook1856_26_0206.jpg)
> Handwritten Page Number on Record Book: 200
the fourteenth day of January last past, in a cause wherein the said Eliza S. White was plaintiff and the said Henry White was defendant, and that there now remain unpaid under the said judgment two instalments of alimony each in the sum of seventy five dollars, due as follows, that is to say, the first on the twentieth day of February Eighteen hundred and fifty seven and the second on the twentieth day of March Eighteen hundred and fifty seven. Now on application of the said Eliza S. White it is ordered that execution do issue in favor of the said Eliza S. White against the said Henry White, according to the statute in such case made and provided, for the recovery of the said sums, with interest on each, to be computed from the dates the same respectively became due payable as aforesaid, together with costs.
**Thomas J. Kyser, vs. John O'Fallen,**
And now comes the plaintiff by his attorney and declines to amend his petition herein, in compliance with the leave granted him on the sustaining of the demurrer herein. 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 A. Harrow, vs. Frank Frild.**
Interrogatories filed, and by consent and on motion of the parties herein, it is ordered by the Court that a Commission issue herein, directed to any Judge, Justice of the Peace, notary Public Commissioner for the State of Missouri, or other Judicial officer in the State of Indiana, to take the deposition of Charles S. Hurd, upon the Interrogatories filed herein as above.
**John Ansted, vs. Julius Winkelmeyer,**
Judgment.
Now at this day come the [af ?] parties aforesaid by their respective Attorneys, and there upon come also a Jury, viz: Edward Beckman, Louis Jarvis, John B. Chapim, Samuel Treadway, James Hart, M. P. Estell, James Johnson & William Fine, by consent, eight good and lawful men, who being duly elected, tried and sworn, the issues herein joined well and truly to try trail of this cause progressed, and being concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of One hundred and sixty six dollars and fifty three cents, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Henry C. Wright, vs. Daniel D. Page, et. al.**
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, and this cause is continued until the next term of this Court.
**Frederick Meyer, et.al. vs.George W. Fisher, et. al.**
Now at this day come the parties aforesaid by their respective attorneys and thereupon come also a Jury, viz: William Fine, John B. Chapim, James Johnson, James Hart, Louis Jarris & M. P. Estell, by consent, six good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, the trail of this cause progressed but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
**John L. Harbison, et. al. vs. Solomen J. Littlefield,**
Answer of St. Louis & Iron Mountain Rail Road Company, garnishee herein, filed.
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**Viewer Page 208** (rcdbook1856_26_0207.jpg)
> Handwritten Page Number on Record Book: 201
**In the matter of James H. Comfort & Francis H. Manter Administrators of Howard F. Christy deceased.**
Appeal.
Now at this day come the parties herein by their respective attorneys, and the Court having duly heard and considered the motion of the appiller to dismiss this appeal, as also the argument of counsel thereon, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained and that this cause be dismissed at the costs of the appellants.
The Court met pursuant to adjournment, Present as before.
**Mary Ann Blackstone, vs. Nathaniel Blackstone.**
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 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 defedant her costs and charges herein expended and have thereof execution.
**John Ansted, vs. Julius Winklemeyer.**
Motion and reasons for new trial filed.
**Washington F. Adams, vs. John F. Darby, et. al.**
On motion of the defendants by their attorney, two weeks time, from this date, is given them to file an amended answer herein.
**Edward P. Curtis, vs. John Brook, et. al.**
The Court having duly heard and considered the motion to set aside the judgments herein, and being fully advised of and concerning the premises, both consider and adjudge that said motion be overruled.
**Hannah Johnson, vs. Cornelius D. Sullivan.**
Now at this day comes the attorney for the plaintiff and suggests to the Court that since the last proceedings herein in this Court, the said plaintiff has departed this life, and on his motion, Madison Y. Johnson, son and only heir of the said decedent, is substituted as party plaintiff herein.
**John H. Rohlfing. vs. John Gittlred**
Reply filed.
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**Viewer Page 209** (rcdbook1856_26_0208.jpg)
> Handwritten Page Number on Record Book: 202
**Mary Rathburn vs. Earl S. Rathburn**
Now at this day comes the defendant by his attorney and enters his appearance herein, and ten days is given him to answer herein.
**Frederick Meyer, et. al. vs. George W. Fisher, et. al.**
Now at this day come again the parties herein by their respective attorneys and the Jury empannelled and sworn herein also come, and thereupon the trial of this cause progrossed but not being conculded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
**Christopher Crone, et. al. vs. Thomas A. Pickering, et. al.**
Answer filed.
**Daniel Dickey, vs. James W. Davis, Patrick Kerrigan, and William P. Lamothe.**
Now Suit.
Now at this day this day this cause being called for trial, said plaintiff although duly called comes not, wherefore on motion of said [plaintiff b ?] 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 his behalf but that said defendants go therefore without day and recover of said plaintiff their costs and charges expended and have thereof execution.
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**Viewer Page 209** (rcdbook1856_26_0208.jpg)
> Handwritten Page Number on Record Book: 202
**Mary Rathburn vs. Earl S. Rathburn**
Now at this day comes the defendant by his attorney and enters his appearance herein, and ten days is given him to answer herein.
**Frederick Meyer, et. al. vs. George W. Fisher, et. al.**
Now at this day come again the parties herein by their respective attorneys and the Jury empannelled and sworn herein also come, and thereupon the trial of this cause progrossed but not being conculded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
**Christopher Crone, et. al. vs. Thomas A. Pickering, et. al.**
Answer filed.
**Daniel Dickey, vs. James W. Davis, Patrick Kerrigan, and William P. Lamothe.**
Now Suit.
Now at this day this day this cause being called for trial, said plaintiff although duly called comes not, wherefore on motion of said [plaintiff b ?] 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 his behalf but that said defendants go therefore without day and recover of said plaintiff their costs and charges expended and have thereof execution.
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**Viewer Page 210** (rcdbook1856_26_0209.jpg)
> Handwritten Page Number on Record Book: 203
The Court met pursuant to adjournment, Present as before.
**James Syme,et. al. vs. Steam Boat "Indiana"**
On motion of the plaintiffs by their attorney, it is ordered by the Court a Dedimus issue herein on the part of said plaintiffs to the State of Louisiana.
**Wester A. Mc. Mullan, vs. Oliver H. Mc. Mullan,**
Motion for decree filed.
**Augustus C. Erfort & Louis Rolker. vs. William Meyer.**
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 eighty one dollars fifty five cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the damages aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Peter Gallagher, vs. William Taussig.**
Motion for security for costs filed.
**Frederick Meyer, et. al. vs. George W. Fisher, et. al.**
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury empannelled and sworn herein also comes, and thereupon the trial of this cause progressed and [not ?] being concluded the Jury retire to consider of their verdict.
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**Viewer Page 211** (rcdbook1856_26_0210.jpg)
> Handwritten Page Number on Record Book: 204
The Court met pursuant to adjournment, Present as before.
**Elizabeth Wilkinson, vs. George Wilkinson.**
Divorce. 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 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 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.
**Lawrence Mathews vs. Daniel O'B. Dougherty.**
Judgment.
Now at this day comes said plaintiff by his Attorney, and the defendant having failed to file an amended Answer herein within the time allowed him so to do, [and although duly called comes not but make defandt, ?] 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 defendant is indebted to, said plaintiff in the sum of Ten hundred and thirty six dollars and thirty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**John L. Harbison, et. al. vs. Solomon Littlefield.**
Answer filed.
**Julien Gamache. vs. Christian Gremim. et. al.**
Now at this day comes the plaintiff by his Attorney, and the defendant having failed to comply with the order requiring them to pay the costs of the trial of this cause at the last term of this Court, within the time given them so to do, it is therefore, on motion of said plaintiff by his Attorney, ordered by the Court that the motion for a new trial herein be and the same is hereby overruled.
**James S. Mc. Lain. vs. Pleasant Devinney.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys and thereupon come also a Jury, viz: Edward Beckman, M.P. Estell, Wm. Fine, John B. Chapein, James Hart, James Johnson, Louis Jarvis, Samuel Treadway, H.W. Bruner, James Jenkins, Augustus H. Muller & James H. Mc. Gee, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, the trial of this cause progressed and having concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiff 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.
**Jonathan Jones, vs. Anton Wesimann, et. al.**
Motion to dissolve Injunction filed.
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**Viewer Page 212** (rcdbook1856_26_0211.jpg)
> Handwritten Page Number on Record Book: 205
**Solomon Littlefield, vs. The St. Louis & Iron Mountain Rail Road Company.**
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 his petition in the sum of Twenty three hundred and seventy five dollars and fifty two cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Daniel Brady, Judgment. vs. Patrick Conway.**
Judgment.
Now at this day comes the plaintiff by his attorney, the defendant coming 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 forty two dollars and twenty five cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**John Knauer, vs. Charles Blank.**
Continued by consent.
**James Syme, et. al. vs. Steam Boat "Indiana".**
Continued.
**David J. Wheeler./ vs. S. B. Bullock.**
By consent, and on motion of the parties herein, it is ordered by the Court that this cause be referred to Abram M. Gardner to take and state an account between the parties herein who will make upon of his proceedings under this order to this Court with all convenient dispatch.
**William L. Reston. vs. Anna M. Reston.**
Continued.
**Mary A. Banker, vs. William W. Banker.**
Continued.
**Frederick Meyer, Maritz Meyer, & Manning R. Roll, vs. George W. Fisher & James Jones.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury impannelled and/ sworn herein also come, and the Jury aforesaid upon their oaths aforesaid returned into Court the following verdict [we ?] the Jury find forth plaintiffs F. K. Meyers and others. We find against defendant George W. Fisher one dollar damages. We find James Jones not guilty. James Hart Foreman." It is therefore considered and adjudged by the Court that said plaintiffs have and retain possession of the property to them delivered under and by virtue of the mit of replevin herein, and recover of said defendant George W. Fisher the damages aforesaid in form aforesaid by the Jury found and also their costs and charges herein expended and have thereof execution, but that they take nothing by their suit against the defendant James Jones and that he go thereof without day and recover of said plaintiffs his costs and charges herein expended and have thereof execution.
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**Viewer Page 213** (rcdbook1856_26_0212.jpg)
> Handwritten Page Number on Record Book: 206
The Court met pursuant to adjournment, Present as before.
**Heinrich Zeick, vs. Frederick Wohlgemuth.**
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 [recover of said defen ?] 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 five dollars. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Howard H. Ryan & Hugh D. King. vs. John Baker.**
Confession of Judgment.
Now at this day come the said plaintiffs by their attorney, and file the statement of the defendant, duly verified by affidavit, whereby he confesses himself indebted to said plaintiffs, in the sum of thrity eight thousand dollars, on account of the sale and delivery by plaintiffs to defendant, of a stock of furniture and other property, herefore constituting or pertaining to the stock in trade of said plaintiffs as furniture dealers, in St. Louis, and authorizes judgment to be entered against him for that sum; for which said indebtedness the defendant had given divers promissory notes as set forth in said statement, and it was in said statement stipulated that on the non-payment of any of said notes at its maturity, the whole of those remaining unpaid were to become forth with due. And at the same time the plaintiffs present their petition, stating that one of said notes, for the sum of two thousand dollars, due on the touch day of March, Eighteen hundred & fifty seven, and annexed to said petition, has not been paid by defendant, and praying judgment for the account of said note and interest, & for the amount of the remainder of said notes, in said statement described & payable after the time of the maturity of said note amounting in the whole to the sum of Eleven thousand five hundred and ten dollars. It is therefore considered and adjudged by the Court that said plaintiffs recover said defendant the sum aforesaid in form aforesaid as confessed and also their costs and charges herein expended and have thereof execution.
**Joseph D. Mc. Coy, vs. George W. Willard.**
Amended Answer filed.
**Solomen Littlefiled. vs. St. Louis & Iron Mountain Rail Road Co.**
Motion & affidavit to set aside judgment filed.
**John Hagarty. vs. John Brook, et. al.**
Motion to strike out amended answer filed.
**Charles L. Kuhne. vs. Dorothea Zurstrasser Administrative of Francis Zurstrafser, deceased.**
Judgment.
Now at this day come the parties herein by their respective attorneys and thereupon come also a Jury viz: M.P. Estell, N.F. Aimen, John P. [Chagrin ?]. James Hart, James Jenkins & H.N. Bruner, by consent, six good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, the trial of this cause progressed and being concluded the Jury aforesaid upon their oaths aforesaid find the issues herein joined in favour 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 her costs and charges herein expended and have thereof execution.
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**Viewer Page 214** (rcdbook1856_26_0213.jpg)
> Handwritten Page Number on Record Book: 207
**Isaac W. Taylor, et. al. vs. George W. Cass, William B. Dinsmore, Alvin Adams, Samuel M. Shoemaker & Edward S. Sandford.**
Satisfaction.
Now at this day come the plaintiffs by their attorney and acknowledge to have received full and entire satisfaction of the judgment rendered herein.
**James A. Beal. vs. Griffin P. Theobald, et. al.**
On motion of the plaintiff by his attorney, leave is given him to withdraw the exhibits by him filed herein upon leaving a receipt for the same.
**Jonathan Jones. vs. Anton Wisemann, et. al.**
And now come the said parties by their respective attorneys, and the plaintiff suggests the death of Reuben Bartlett and moves that he be permitted to amend his petition by adding J. W. Pate as a party defendant to this cause, which motion after due consideration by the Court, is sustained, and thereupon the final hearing or trial of this cause is [continu ?] to the next term of this Court, without prejudice however to the right of the defendants to test the question a to whether or not the injunction granted herein shall be continued to the trial or final hearing by motion to dissolve filed herein.
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**Viewer Page 215** (rcdbook1856_26_0214.jpg)
> Handwritten Page Number on Record Book: 208
The Court met pursuant to adjournment, Present as before.
Sheriff's Deed. James Castello Esquire, Sheriff of St. Louis county, comes into open Court, and acknowledges the execution by him as Sheriff as aforesaid of a Deed to George B. Michael of all the right, title, interest, claim, estate and property of John S. Watson, of, in and to a certain price of ground situate in the County of Saint Louis State of missouri in S. H. Robbins' addition to the City of St. Louis, beginning at a point in the northern line of Washington avenue where the western line of said Robbins' addition interests the same; hence running northern and with the western line of said addition one hundred and twenty one feet six inches; thence southwardly and parallel with seventeenth street as laid out in said addition, one hundred and nineteen feet six inches to the northern line of Washington avenue, and thence westwardly with the north line of said avenue twenty one feet six inches to the point of beginning; bounded all according to plat thereof. sold by virtue and under authority of an execution issued from the clerk's office of the St. Louis Circuit Court in favor of said George B. Michael and against said John S. Watson, dated the fourteenth day of February A.D. 1857.
**Samuel Mc. Cartney. vs. John B. Shephered.**
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 in the sum of Two hundred and twenty four dollars and fifty seven cents. It is therefore considered and adjudged by the court that plaintiff recover of said defendant the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**David E. Ketchum. vs. Rachel C. Ketchum.**
Divorce. 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 is an innocent and injured person. It is therefore considered and adjudged by the Court that said plaintiff be absolute by 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 have the care and custody of his two infant children, viz: George N. Ketchum and William J. Ketchum; and it is further ordered by the Court that said plaintiff pay costs of this suit and that execution issue therefor.
**Patrick Slevin, et. al. vs. Lloyd T. Belt.**
Satisfaction.
Now at this day come said plaintiffs by their attorney and acknowledge to have received full and entire satisfaction of the judgment herein.
**Mark Brumagin, et. al. vs.Daniel D. Page, et. al.**
Statement of issues filed.
**William W. Wakelam. vs. Charles H. Valentine, et. al.**
Abstract of issues filed.
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**Viewer Page 216** (rcdbook1856_26_0215.jpg)
> Handwritten Page Number on Record Book: 209
**Theodora Frausnfelder. vs. Conrad Frauenfelder.**
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 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 recover of said defendant her costs and charges herein expended and have thereof execution.
**Eleanor Garner. vs. Thomas William Garner.**
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 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 charges herein expended and have there of execution.
**Julian Gamache. vs. Christian Grimm, et. al.**
Motion to set aside order overruling motion for new trail, and affidavit in support of same filed, and the Court having duly heard and considered the same and being fully advised of and concerning the premises, both consider and adjudge that said motion be sustained and that said order be and the same is hereby set aside and for naught held.
**Lawrence Mathews. vs. Daniel O'B. Dougherty.**
Motion to set aside judgment by default filed.
**Benjamin S. Freeman, et. al. vs. Jacob Nathan.**
Abstract of issues filed.
**Charles Jeffars. vs. William Cranston, et. al.**
Report of Referee filed.
**Henry W. Billings. vs. Alexander Norton.**
Continued.
**Susan Bell. vs. William Bell.**
Continued.
**Michael Murphy. vs. Archie Campbell, et. al.**
Continued by consent.
**Nicholas Franck. vs. Franz Nassal.**
Now at this day come the parties aforesaid by their respective attorneys, and therefore come also a Jury, viz: Louis M. Prince, William Ransteiner, J. L. Link, Charles G. Gill. Jacob Heine, Anthony Sweet, Peter L. Simmons, Wash J. Baren, George Franker, R. W. Powell, William Hirs, & Frederick Mueller, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, the trail 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 217** (rcdbook1856_26_0216.jpg)
> Handwritten Page Number on Record Book: 210
The Court met pursuant to adjournment, Present as before.
**Thomas J. Kyser. vs. 99. John O'Fallen Jr.**
By consent, and on motion of the parties herein, it is ordered by the Court that the final judgment on demurrer herein, be and the same is hereby set aside, and twenty days time is given the plaintiff to file an Amended Petition herein.
**Eliza Jane Lapoint. vs. John Lapoint.**
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 considered and adjudged by the court that said plaintiff be absolutely and forever divorced from the bond matrimony by her contracted with said defendant and be restored to all rights and privileges of an unmarried person and recover of said defendant her costs and charges herein expended and have thereof execution.
**Peter Gallagher. vs. William Taussig.**
Continued on affidavit at costs of defendant.
**John P. Gould, et. al. vs. George Ironbridge, et. al.**
Continued by consent.
**William N. Nakelam. vs. Charles H. Valentine, et. al.**
Continued at costs of defendants.
**Frederick Meyer, et. al. vs. George N. Fisher, et. al.**
Motion for new trail, affidavit in support of same, and motion in arrest filed.
**Margaret A. Scott. vs. John H. Scott.**
Proof of Publication filed.
**Solomen Littlefield. vs. The St. Louis & Iron Mountain Rail Road Company. to set aside the judgment herein.**
On motion of the defendant by its attorney, until Saturday next, is given it to file affidavits in support of its motion to set aside the judgment herein.
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**Viewer Page 218** (rcdbook1856_26_0217.jpg)
> Handwritten Page Number on Record Book: 211
**Nicholas Franck. vs. Franz Nassal.**
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, 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.
**Nancy Link & Benjamin F. Link her husband. vs. Francis B. Edmondson, Robert H. Edmondson, Lucinda R. Edmondson, Benjamin Edmondson, Mary Edmondson, Elizabeth A. Edmondson, Miron Leslie, Lewis P. Payne and Thomas J. Thompson.**
Now at this day come the parties by their attorneys and by agreement the entry made in the above entitled suit on the 17th May 1856 is vacated and the following entry is made nune pro time in lieve thereof as of that date.
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 time of the date the 29th January 1855, viz: "Now at this day come the plaintiffs by their attorney and dismiss this suit as to defendants Miron Leslie, Lewis P. Payne and Thomas J. Thompson, and thereupon the trial of this cause progressed, and being concluded the Jury aforesaid [assess the damagaes ?] upon their oaths aforesaid assess the damages that have accrued from the commencement of the suit up to the present time at the sum of Six hundred dollars and assess the yearly value of the widows dower in the tract of land in which said Nancy Link is entitled to dower at the sum of two hundred and fifty dollars. It is therefore considered by the Court that the defendants do pray to the said plaintiffs the sum of Two hundred and fifty dollars as an allowance in lieu of dower on the seventeenth day of May 1857 and on the same day of each year thereafter during the natural life of said Nancy Link and it is further considered that said plaintiffs recover of said defendants that damages aforesaid in form aforesaid as assessed and also their costs and charges herein expended and have thereof execution. The said plaintiffs here in Court remit One hundred and fifty dollars from the amount of Six hundred dollars damages so assessed as aforesaid."
**Esther Beer. vs. John Beer.**
Continued.
**John S. Moore. vs. John Parry.**
Continued.
**John Brent. by Guardian &c. vs. Pierre C. Graci's Admr.**
Continued.
**Robert Brent, by Guardian &c. vs. Pierre C. Grace's Admr.**
Continued.
**Charles Fritz. vs. Isadow Busch.**
Abstract of issues filed.
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> Handwritten Page Number on Record Book: 212
**James Porter, et. al. vs. Mathew Shaffner.**
Proof of Publication filed, and [an motion ?]now at this day come again said plaintiffs by their attorney, but said defendant 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 defendant as confessed, and this cause is continued until the next term of this Court.
**Charles Koechler. vs. Nilhelmina Koechler.**
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 in the Missouri Democrat, a newspaper printed in the City of St. Louis, that said plaintiff has instituted suit against her in the St. Louis Circuit Court, the object of which is to obtain a divorce from her on the ground of adultery, 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 on the first 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 her as confessed.
**Lucinda Ochner. vs. Jacob F. Ochner.**
Dismissal.
On motion of the plaintiff by her attorney, it is ordered by the Court that this cause dismissed, and that the defendant pay the costs herein [and ?] accrued, and that execution issue therefor.
**Adolph Wislezenus. vs. Martin Haemmerle Abstract.**
Abstract of issues filed.
**The Grand Treasurer of the Grand Division of the Sons of Temperance of the State of Missouri. vs. Leverit Mills.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed, and by agreement of parties, that the defendant pay the costs herein accrued, and that execution issue therefor.
**Nicholas Franck. vs. Franz Nassal.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury empanelled and sevorn herein also come, and thereupon the trial of this cause progressed and being excluded, 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 and recover said plaintiff his costs and charges herein expended and have thereof execution.
**Margaret Ann Scott. vs. John H. Scott.**
Default.
Now at this day comes said plaintiff by her attorney, [and waiving a Jury ?] 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.
**Elisha Allen, et. al. vs. Caroline Brown, et. al.**
Continued.
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**Viewer Page 220** (rcdbook1856_26_0219.jpg)
> Handwritten Page Number on Record Book: 213
**Ernst Neuer. vs. Daniel Shattuck.**
On motion of the plaintiff by their attorney, it is ordered by the Court that an Alias Summons issue herein returnable to the next term of this Court.
**Jane Foster's Admr. vs. Legrand F. Rucker's Exr.**
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 thereupon the trial progressed but not being concluded at the him of adjournment, further proceedings herein are continued until to-morrow morning.
The Court met pursuant to adjournment, Present as before.
**Christian Kribben Administrator of William Volland, deceased. vs. Henry Frahm.**
Judgment.
Now come the said parties and therefore the defendant moves the Court for judgment against the plaintiff for the amount of the certificates of deposit described in the petition with interest thereon from their respective dates and in as much as it appears to the Court that three years have elapsed since the grant of letter of administration on said estate of William Volland and that no claims have been allowed against the same, therefore the Court in pursuance of the agreement of the parties made in writing and therefore filed in this cause, doth order and adjudge that the defendant recover of the plaintiff Six hundred and ninety four dollars and ninety four cents being the amount of the principal of the certificates of deposit in petition described, and also his costs and charges in this behalf expended.
**Samuel Wainwright. vs. Richard Rowland, et. al.**
Now come the said parties and by their consent the Sheriff of St. Louis County is hereby ordered to take notes from the purchaser or purchasers of the premises ordered to be sold for the deferred payments mentioned in the order of sale heretofore made herein, and that said notes bear six percent interest from their dates payable annually.
**John S. Moore. vs. John Parry.**
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.
**Jonathan Jones. vs. Anton Willman, et. al.**
The Court having duly heard and considered the motion to dissolve the Injunction herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
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> Handwritten Page Number on Record Book: 214
**Mary A. Reed. vs. Nathaniel Reed.**
Divorce. Judgment.
Now at this day comes the plaintiff by her attorney, and the defendant having failed to answer the amended petition herein within the time in which he is required so to do, it is therefore on motion of said plaintiff by her attorney, 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 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 priviliges of an unmarried person, and recover of said defendant her costs and charges herein expended and have thereof execution.
**Susan C. Heisick. vs. George Heisick.**
The Court having heard and considered the application of the said plaintiff for an allowance of alimony during the pendency of this suit, doth order that the defendant do pay to her or to her attorney of record, the sum of the Twenty dollars a month, at the end of each and every month from the date of this order for the support and maintenance of the Plaintiff, until the further order of this Court in the premises. And it being made to appear to the Court that there is in the hands of the Sheriff of the County of Saint Louis, belonging to the defendant, the sum of Ninety three dollars and four cents, being a balance after satisfying a judgment against the said defendant, the Court doth further order that the said Sheriff do pay to the said plaintiff or to her attorney of record, the said sum of ninety three dollars and four cents, so in his hands, less any commissions or fees to which he may be legally untitled.
**Washington F. Adams. vs. John F. Darby, et. al.**
Bill of Exceptions filed. Amended answer filed.
**Mark Brumagin & John Paxton. vs. Daniel D. Page & Henry D. Bacon.**
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, both find from such proofs that said plaintiffs have sustained damage by reason of the premises set out in their petition in the sum of Thirteen thousand six hundred and seventy five dollars and sixteen cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendants the damages aforesaid in form aforesaid as found with interest therefore at the rate of ten percent her annum until paid, and also their costs and charges herein expended and have thereof execution.
**George W. Loper. vs. Benjamin Lacy.**
Contiued by consent.
**Louis F. Bompart, et. al. vs. Melinda Bompart, et. al.**
Continued.
**Joseph D. Mc. Cry. vs. George W. Willard.**
Continued by consent at costs of plaintiff.
**Nicholas Franck. vs. Franz Nassal.**
Motion and reasons for new trial filed.
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**Viewer Page 222** (rcdbook1856_26_0221.jpg)
> Handwritten Page Number on Record Book: 215
**State to use Richard H. Cole assignee &c. vs. George B. Brua, et. al.**
Abstract of issues filed.
**Alhamba Reeder. vs. Cornelia Reeder.**
Replication filed.
**Jane Foster's Admr. vs. Legrand F. Rucker's Exr.**
Now at this day come again the parties aforesaid by their respective Attorneys, and thereupon the trial of this cause further progressed, and being concluded but the Court not being fully advised of and concerning the premises, takes time to consider thereof.
**Hamilton Bell, et. al. vs. William Dawson, et. al.**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: Paul Dejarles, Thomas Burns, Philip Numberger, Joseph Languary, Conrad R. Stinde, Charles Hoelzle, Auguste Campe, G. J. Helmricks, Philip Ewald, Frederick Voelker, Otto Henkel & Louis H. Perrin, twelve good and lawful men, who being duly elected, tried and sworn, the tissues herein joined well and truly to try; 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 223** (rcdbook1856_26_0222.jpg)
> Handwritten Page Number on Record Book: 216
The Court met pursuant to adjournment, Present as before.
Isaac Overalls, whose identity is proven to the satisfaction of the Court by the testimony of Joseph Jacks & Henry N. Hart, two credible witnesses, comes into open court and acknowledges the execution by him of a Deed of Emancipation to his negro woman Amy, aged about twenty seven years, of a copper color.
**William S. Stamps Administrator of Jane Foster, deceased. vs. Joseph H. Locke Execution of Legrand F. Rucker, deceased.**
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, doth find from the proofs herein, that said defendant is indebted to said plaintiff in the sum of Fourteen hundred and seventy six dollars and thirty seven cents. It is therefore considered and adjudged by the court that said plaintiffs recover of said defendant the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and [have ?] that this cause be certified to the St. Louis Probate Court there to he proceeded in according to the statute in such case made and provided.
**Benjamin S. Freeman & Joseph I. Freeman. vs. Jacob Nathan.**
Judgment.
Now at this day come the plaintiffs by their attorney, defendant coming 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 Four hundred and fifty eight dollars and sixty three cents. It is therefore considered and adjudged by the court that said plaintiff recover of said defendant the damages aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Charles Jeffars. vs. William Cranston & Anthony Turnan.**
Judgment.
Additional Report of Referee filed, and Now at this day comes again the plaintiff by his attorney and dismisses this suit as to the defendant Anthony Turnan, and waiving a jury submits this cause to the Court upon the pleadings and reports, original and amended of the Referee herein, and on motion of said plaintiff said Reports are hereby confirmed, and the Court doth find from said Reports that said defendant is indebted to said plaintiff in the sum of Two thousand and sixty dollars. It is therefore considered and adjudged by the court that said plaintiff recover of said Defendant the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**In the matter of Howard F. Christy's Admrs.**
Bill of Exceptions filed, affidavit for appeal filed, and on motion of the applicants herein an appeal is granted them to the Supreme Court from the judgment of dismissal herein.
**Mary B. Letcher vs. William B. Letcher.**
Continued.
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**Viewer Page 224** (rcdbook1856_26_0223.jpg)
> Handwritten Page Number on Record Book: 217
**Matthäus Frey. vs. John Gaul**
On motion of the plaintiff by his attorney, it is ordered by the Court that a Summons issue herein, returnable to the next term of this Court.
**Reuben J. Guthridge. vs. James Garmley, et. al.**
Continued.
**William W. Walker. vs. Daniel A. Rawlings.**
Continued.
**Charles C. Carroll. vs. James H. Mc. Cord.**
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.
**Jesse Hoge. vs. Daniel D. Page, et. al.**
Continued.
**Francis M. Huffaker's admr. vs. Granville Kimball, et. al.**
Now at this day comes said plaintiff by his attorney, but said defendant James Moore 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 on motion of the plaintiff by his attorney, it is ordered by the Court that an alias Summons as to the defendants Granville Kimball & Martin D. Walker, issue herein returnable to the next term of this Court.
**Benjamin Lithauer. vs. Morris Rapharlsky.**
Abstract of issues filed.
**Reese Reese. vs. John Chilton.**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury, viz: Paul Dejarlet, Thomas Burns, Philip Turnberger, Joseph Langway, Conrad R. Stinde, Charles Koelzle, August Campe, G. J. Helmricks, Philip Ewald, Frederick Voelcker, Otto Henkel & Louis H. Perrin, twelve good and lawful men, who being duly elected, tried and sworn, the issues herein joined well and truly to try, the treat of this cause progressed his not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
Alfred Carr, who is personally, known to the Court, comes into Open Court acknowledged the execution by him of a Deed of Emancipation to a negro man named Andrew, aged about twenty five years.
**Frederick Meyer, et. al. vs. George W. Fisher, et. al.**
Affidavit of Jones filed.
**Hamilton Bell, et. al. vs. William Dawson, et. al.**
Non Suit.
Now at this day come again the parties aforesaid by their respective attorneys and the jury empanelled and sworn herein also come, and thereupon the trial of this cause progressed, when the plaintiff by the attorney, 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 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
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**Viewer Page 225** (rcdbook1856_26_0224.jpg)
> Handwritten Page Number on Record Book: 218
have thereof execution.
The Court met pursuant to adjournment, Present as before.
**Mary B. Letcher. vs. William B. Letcher.**
Divorce. Judgment.
Now at this day comes again the plaintiff by her attorney, and her motion the order of continuance entered herein at the present term of this Court is hereby 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 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 divorce 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 ordered by the Court that said plaintiff have and retain the care and custody of her infant children until the further order of the Court, and recover of said defendant her costs and charges herein expended and have thereof execution.
**Francis Otto Stephan. vs. Amarie Louise Stephan.**
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 herefore on motion of said plaintiff by his attorney, ordered by the Court that [the petition of said plaintiff be taken against said defendant as ?] said defendant be notified by the publication according to law of this order in the Missouri Democrat, a newspaper printed in the City of St. Louis, that said plaintiff has instituted suit against herein the St. Louis Circuit Court, the object of which is to obtain a divorce from her on the ground of adultery, 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 on the first 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 her as confessed.
**Henry Von Phul, James L Waters and Abraham T. Bird. vs. William C. Anderson & Joseph H. Conn.**
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.
**James M. Albro, et. al. vs. Anthony C. Williamson.**
On motion of the plaintiffs by their attorney, it is ordered by the Court that a Dedimus issue herein to the States of Ohio and New York, respectively, on the part of said Plaintiffs.
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**Viewer Page 226** (rcdbook1856_26_0225.jpg)
> Handwritten Page Number on Record Book: 219
**Henry Von Phul, James L. Waters & Abraham T. Bird. vs. John G. Timmermann.**
Judgment by default.
Now at this day come said plaintiff 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 the plaintiffs waiving a jury submit this cause to the Court upon the pleadings and process, 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 Two hundred and eighty nine dollars and seventy five cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the debt aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**Josephine Walter. vs. James P. Walter.**
It is ordered that the following entry be made, nunc pro tune, of date January 13th 1857, viz: "By consent of plaintiff by her attorney, and of defendant by his attorney Henry N. Hart, Esquire, a copy of the original petition and writ is filed herein, the original thereof being lost; and now comes said plaintiff by her attorney but said defendant 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 defendant as confessed".
**Josephine Walter. vs. James P. Walter.**
Divorce. 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 find from such proofs that said plaintiff in an innocent and injured person. It is therefore considered and adjudged by the Court that said plaintiff be absolutely and forever divorce 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 recover of said defendant her costs and charges herein expended and have thereof execution.
**J. B. Alexander. vs. Daniel D. Page, Henry, D. Bacon,& William H. Belcher.**
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 Twenty three hundred and nineteen dollars. It is therefore considered and adjudged by the court that said plaintiff recover of said defendants the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Reese Reese. vs. John Chilton.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury empanelled and sworn herein, also come, and thereupon the trial of this cause progressed and being concluded, the Jury aforesaid upon their oaths aforesaid find [for the plaintiff in the sum of ?] 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 Hempstead. vs. Charles S. Hampstead's Admr., et. al.**
It is ordered by the Court that this cause be set for trial for Saturday next, the twenty fifty instant.
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**Viewer Page 227** (rcdbook1856_26_0226.jpg)
> Handwritten Page Number on Record Book: 220
**Adolph Wilizenus vs. Martin Hammerle.**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury, viz: John L. Link, R. W. Powell, Robert Fuchs, Frederick Mueller, E. Long, Thomas Mentgomery, J. D. Bascom, William Kansteiner, William Hirt, George Franken, Washington J. Baren & Peter L. Simmens, twelve good and lawful men, who being duly elected, tried and sevorn the issues herein joined well and truly to try the trial of this cause progressed and being concluded the Jury aforesaid upo their oaths aforesaid, say the cannot agree upon a verdict herein. It is therefore ordered by the Court that said Jury be discharged from the further consideration of this cause and that this cause be continued until the next term of this Court.
**Francis Rogers, et. al. vs. Charles B. Lamb.**
Continued as on affidavit at costs of defendant, with leave to him to file amended answer during the present term of this Court.
The Court met pursuant to adjournment, Present as before.
**Mary Ratheburn. vs. Earl S. Rathburn.**
Divorce. Judgment.
Now at this day said Plaintiff by her attorney and the defendant having failed to answer herein within the time allowed him so to do. It is therefore, on motion of said plaintiff by here attorney, 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 announcement and injured 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 unmarried person, and recover of said defendant her costs and charges herein expended and have thereof execution.
**Frederika Wilhelmina Riepe. vs. Gottilieb Reipe.**
Divorce. Judgment.
Now at this day comes 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 and 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 form the bond of matrimony by her contracted with said defendant and be restored to all the rights and privileges of unmarried person, and recover of said defendant her costs and charges herein expended and have thereof execution.
**J. Godfried Goethe. vs. Jacob Richard Trustee of Mary Kerkhoff, Mary Kerkhoff & Fred Kerkhoff.**
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 and being fully advised of and concerning the premises, doth consider and adjudge that venue of this causes 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 true and complete Transcript of the Record and Proceedings herein.
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**Viewer Page 228** (rcdbook1856_26_0227.jpg)
> Handwritten Page Number on Record Book: 221
**Robert C. Thurman. vs. Daniel D. Page, Henry D. Bacon, Edward Wyman & Thomas Brown.**
Judgment.
Now at this day comes the plaintiff by his attorney, defendants coming not, and waiving a Jury Submits this cause t 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 thousand three hundred and forty eight dollars and sixty cents. It is therefore considered and adjudged by the court that said plaintiff recover of said Defendants the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Robert C. Thurman. vs. Daniel D. Page & Henry D. Bacon.**
Judgment.
Now at this day comes the plaintiff by his attorney, defendants coming 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 Eleven hundred and fifty three dollars and sixty one cents. It is therefore considered and adjudged by the court that said plaintiff recover of said defendants the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**In the matter of Edward Mead Administrator of Prime Barribean, deceased.**
Substitution of Trustee.
It appearing to the satisfaction of the court from the statement of Edward Mead, administrator of Prime Barribean, deceased, duly verified by affidavit, that Hugh A. Garland, Trustee of a certain Deed of Trust, executed by Harman A. Cain, Ashton P. Johnson & wife and Andrew J. Cons & wife, on the 13th day of November 1848, and recorded in the Riender's Office of St. Louis Country, 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 James Castello, Esquire, Sheriff of St. Louis County be and he is hereby appointed and substituted Trustee in place of said Hugh A. Garland, with the like trusts and powers, according to the statute in such case made and provided.
**George Ferree. vs. Zachariah M. Pedan.**
Confession of Judgment.
Now at 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 Eight hundred and fifty four dollars and thirty one 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.
**Thomas A. Harrow. vs. Frank Field.**
Affidavit for a continuance by plaintiff filed, 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, and this cause is set at the foot of the docket of the present term.
**Pratt Hughes. vs. Lerene Hughes.**
Continued.
**Johann Dütsch. vs. Margaret Dütsch.**
Continued.
**Jane 'Fosters' Admr. vs. Legrand F. Rucker's Ex.**
Motion for new trial & also for Review filed.
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**Viewer Page 229** (rcdbook1856_26_0228.jpg)
> Handwritten Page Number on Record Book: 222
**Constantine Schnerr. vs. Paul Carlin.**
Continued as on affidavit as costs of defendant.
**James M. Mc. Fadin. vs. John Triplett, et. al.**
On motion of the plaintiff by his Attorney, leave is given him to amend his petition herein during the present term of this Court, and this cause is continued until the next term of this Court.
**George Romejart. et. al. vs. Conrad Okel, et. al.**
Continued by consent.
**Albert De Stracke. vs. Philip Klein.**
Continued.
**George Henderson. vs. Frederick Albuight, Garnishee.**
Continued.
**Hamilton Bell, et. al. vs. William Dawson, et. al.**
Motion to set aside non suit & for new trial filed.
**Jacob Gross. vs. Reinen Beuter.**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: Louis Krug, Louis Ottenad, George Brauckman, C. C. Kubler, Bartholemen Rice, C. A. Wurtz, Samuel Johnson, Frank Ganter, William Mc. Carren, Fritz Sievers & Jacob Shaub, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined will and truly to try, the trial of this cause progressed but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
Christian Kribben, Esquire, announces to the Court the death of Anthony F. Yeager, Esquire, late a member of the St. Louis Bar, and on his motion the Court doth now adjourn as a testimony of respect to the memory of said deceased.
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**Viewer Page 230** (rcdbook1856_26_0229.jpg)
> Handwritten Page Number on Record Book: 223
The Court met pursuant to adjournment, Present as before.
**The Bank of the State of Missouri. vs. John Maguire & Isaac J. Green.**
Judgment by default.
Now at this day comes said plaintiff by its attorney but said defenants 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 defenants as confessed, and the plaintiff waiving a Jury submits this cause to the Court, and the Court hving 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 forty four dollars and sixty two cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the debt aforesaid in farm aforesaid as found and also its costs and charges herein expended and have thereof execution.
**Benjamin Lithauer. vs. Marris Raphaelsky.**
On motion of the plaintiff by his Attorney, leave is given him to amend his petition herein during the present term of this Court, and this cause is continued until the next term of this court.
**Lounzo P. Sanger, et. al. vs. The North Missouri Rail Road Company.**
Continued.
**Joseph B. Holland, et. al. vs. William Wade, et. al.**
On motion of the plaintiffs by their attorney, leave is given them to amond their petition herein during the present term of this Court, and this cause is continued until the next term of this Court.
**Reese Reese vs. John Chilton.**
Motion for new trial filed.
**Richard Bouche. vs. Unknown Man B's Admr.**
Argument filed.
**In the matter of the assignment of William S. Hawken.**
Statment filed.
**William Volland's Admr. vs. Henry Frahm.**
Motion to vacate judgment filed.
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**Viewer Page 231** (rcdbook1856_26_0230.jpg)
> Handwritten Page Number on Record Book: 224
**Emelia Jungst vs. Albert Jungst**
continued.
**Timothy L. Papin, et. al. vs. Pierre C. Grace's Admr.**
Continued by consent.
**John Brent by Guardian &c. vs. Pierre C. Grace's Admr.**
Continued by consent.
**Charles Wiggins. vs. Mc. Millan, Sherman &Co. et. al.**
Now at this day comes again the plaintiff by his attorney and by leave of Court heretofore had amends his petition herein by inserting the christian names of the defendants.
**Ernes Neuer. vs. Daniel Shattuck.**
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.
**Jacob Gross. vs. Reiner Beuter.**
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 concluded the Jury retire to consider of their verdict.
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**Viewer Page 232** (rcdbook1856_26_0231.jpg)
> Handwritten Page Number on Record Book: 225
The Court met pursuant to adjournment, Present as before.
**Jacob Gross. vs. Reiner Beuter.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury empannelled and sworn herein also come, and the Jury aforesaid upon this oaths aforesaid find for the plaintiff in the sum of Two hundred seventy three dollars and sixty six cents, dames. It is therefore considered and adjudged by the court that said plaintiff recover of said defendant the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**In the matter of the assignment of William S. Hawken.**
On motion of Christopher M. Hawken assignee of William S. Hawken, the Court appoints Reno Bearwais and Tristam Campbell to appraise the property and effects assigned by said William S. Hawken to said Christopher M. Hawken.
**William Bond. vs. Benjamin Stickney & Leonard Scolley.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys and thereupon come also a Jury, viz; C. A. Wirtz, Bartholemen Rice, Louis Ottinad, F. K. Ketchum, John J. Anderson, Alfred Chadwick, Stephen Ladue, William Mc. Carren, George Brauckman, Fritz Suivers, Samuel Johnson, John F. Mauntil, twelve good and lawful men, who being duly selected, tried and sworn the issues herein joined well and truly to try, 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 damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Joseph S. Hull. vs. James M. Lyon, et. al.**
Continued as on affidavit at costs of defendants, on account of absence of Henry L. Clark & Washington, F. Adams, witnesses for defendants.
**Hester A. Mc. Mullan. vs. Oliver K. Mc. Mullan.**
Divorce Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and the Court having duly heard and considered the motion of the plaintiff for judgment notwithstanding the answer of the defendant herein, and being fully advised of and concerning the premises, doth sustain said motion. It is therefore considered and adjudged the Court that said plaintiff be absolutely and forever divorced from the bond of matrimony by her contracted with said defendant and 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 court being satisfied of the propriety thereof doth grant the defendant leave to marry within five years, if he desire so to do.
**Robert S. Armstrong& Charles Casey. vs. William Reuth.**
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 Twelve hundred and ninety seven dollars and seventy eight cents, and consents that judgment be undered against him for said sum, it is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the debt aforesaid in form aforesaid as confessed and also their costs and charges herein expended and have thereof execution.
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**Viewer Page 233** (rcdbook1856_26_0232.jpg)
> Handwritten Page Number on Record Book: 226
**Patrick Leahy, et. al. vs. Francis Dugdule's Admr.**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: C. A. Nurtz, Bartholemen Rice, Louis Ortenad, F. H. Ketchum, John J. C. Anderson, John F. Mauntil, Augustus H. Mueller, Frank Ganter, C. B. Moury, Samuel Johnson, Fritz Sievers & Stephen Ladue, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, 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.
**Richard Bouche. vs. Peter B. Garesche Administrator of Unknown Man B.**
Judgment.
Now at this day come the parties aforesaid by their respective Attorneys, and wiving 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 issue 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 this cause be certified to the St. Louis Probate Court there to be proceeded in according to the situation such case made and provided.
**Benjamin Lithauer. vs. Morris Raphaelsky.**
Amended Petition filed.
**Thomas J. Kyser. vs. 63. John O'Fallon Jr.**
Motion to strike out defendant's answer filed.
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**Viewer Page 234** (rcdbook1856_26_0233.jpg)
> Handwritten Page Number on Record Book: 227
**Patrick Leasiy & Peter Nenan. vs. Bridget Dugdale Administrative of Francis Dugdale, deceased.**
Judgment.
Now at this day come again the parties aforesaid by theri respective Attorneys, and the jury empannelled and severn herein also come, and thereupon the trial of this cause progressed 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 plaintiffs take nothing by their said suit in this behalf, but that said defendant go thereof without day and recover of said plaintiffs her costs and charges herein expended and have thereof execution, and that this cause be certified to the St. Louis Probate Court there to be proceeded in according to the statute in such case made and provided.
**Charles W. Newton. vs. John W. Spalding.**
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 Thirteen hundred and three dollars and sevenety three cents. It is therefore considered and adjudged by the Court that said plaintiff [tat ?] recover of said defendant the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Charles Hoffman. vs. Emelia Richl.**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury, viz: Alfred Chadwick, Thomas Husey, William Mc. Carren, C. A. Wurtz, Bartholomen Rice, Peter Durand, Augustus H. Muller, Fritz Sievers, George Brauckman, John F. Mauntel, Stephen Ladiee & F. H. Ketchum, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, the trial of this cause progressed but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
**Charles Fritz. vs. Isadore Busch.**
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury, viz: Augustus H. Muller, F. H. Ketchum, Stephen Ladue, Bartholmen Rice, John J. C. Anderson, Peter Durand, John F. Mauntel, John Marten, Thomas Husey, William Mc. Carren, George Brauckman, & Louis Krug, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, the trial of this cause progressed [an ?] but not being concluded at the hour of adjournment, further proceedings herein are continued until to-morrow morning.
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**Viewer Page 235** (rcdbook1856_26_0234.jpg)
> Handwritten Page Number on Record Book: 228
The Court met pursuant to adjournment, Present as before.
**James Syme, et. al. vs. Steam Boat "Indiana"**
On motion of the plaintiffs by their attorney, leave is given them to withdraw a Receipt filed by them herein as an Exhibit, upon leaving a copy of the same.
**Jonathan Jones. vs. Anson Weiseman, et. al.**
Amended Petition filed.
It is ordered by the Court that the following appointment of Samuel W. Eager Jr, as Jury Commissioner of St. Louis County be entered of record, viz:
We the undersigned Judges respectively of the St. Louis Circuit, the St. Louis Court of Common Pleas, the St. Louis Land Court, and the St. Louis Criminal Court, acting under and by virtue of the authority and power conferred upon us by an act of the General Assembly of the State of Missouri, approved March 3rd. 1857, entitled "an act to provide a Jury system in St. Louis County" Do hereby appoint Samuel W. Eager Jr, to be Jury Commissioner of the County of St. Louis. Given under our hand at the Court House in the city & County of St. Louis, this seventh day of April in the year of our Lord, Eighteen hundred and fifty seven.
A. Hamilton, Judge 8th Judicial Circuit. Ms. Same Reber, Judge of the St. Louis Court of Commo Pleas. C. B. Lord, Judge of St. Louis Land Court. James R. Lackland, Judge of St. Louis Criminal Court.
**State of Missouri vs. St. Louis County**
Samuel W. Eager Jr. being duly sevorn, upon his oath, says that he will faithfully and impartialy discharge his duties as Jury Commissioner of St. Louis County. S. W. Eager Jr. Sworn to & subscribed before me, this 24th day of April A. D. 1857. L. S. Witness my hand and the seal of the St. Louis Court of Common Pleas, the day and year last aforesaid. Charles W. Hicks Clk.
**Morris Rosenheim & Martin Collins. vs. William Reuth.**
Confession of Judgment.
Now at this day come the plaintiffs by their attorney and file the statement of the defendant duly verified by affidavit, whereby he confesses himself indebted to said plaintiffs in the sum of Four hundred and seventy nine dollars and twenty two cents, and consents that judgment be undered against him for said sum. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the debt aforesaid in form aforesaid as confessed and also their costs and charges herein expended and have thereof execution.
**Thomas B. Ellis. vs. Richard C. Shackelford.**
Reply to set off filed.
**Patrick Leahy, et. al. vs. Francis Dugdale's Admr.**
Motion for no trial filed.
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**Viewer Page 236** (rcdbook1856_26_0235.jpg)
> Handwritten Page Number on Record Book: 229
**Jonathan Jones. vs. Anton Wiseman, Reuben Barslett, J. W. Pate & Turner Maddox.**
Order of Publication.
It appearing to the satisfaction of the Court from the affidavit of said plaintiff that the defendant J. W. Pate, 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 in the Missouri Democrat, anewspaper printed in the City of St. Louis; that said plaintiff has instituted suit against him in the St. Louis Circuit Court, the object of which is to have defendants refund to him the portion of the purchase money of a certain negro girl by him purchased of said defendants, already paid, and to restrain the collection of the remainder of said purchase money, 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 first 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.
**Charles Hoffman. vs. Emelia Richl.**
Judgment.
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 concluded, the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess his damages at one dollar, and further find the monthly value of the rents & profits of the land to be one dollar. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the land in his petition described as [follows, viz ?] being in the possession of said defendant, being a part of the following discribed land, viz: "the west half of the east half of the south west quarter of section fourteen township forty four north range six east and also a price or parcel of land of the south east side of the north west fractional quarter of the same section township & range, butted and bounded as follows, to wit: beginning at a stake on the line between said section fourteen & section twenty three from where the corners of sections fifteen, twenty two, twenty three & section fourteen making but one corner bears west twenty chains distance to the south corner of said fractional quarter, thence north two chains sixty links to a stake, thence north eighty seven degrees east thirty chains to a stake from which a Black oak twelve inches in diameter bears north forty eight degrees east distance forty links, thence south forty two chains to a stake on said line, between said sections to the beginning: & containing fifty acres more or less." The portion of the foregoing land in the possession of the defendant is in the petition described as follows, to wit." commencing at a point one chain forty five links west of the south east corner of said tract & in the southern line of the same, thence eastward along said southern line to the south western corner thereof one chain forty five links, thence north along the eastern line of said tract to an old stone being the north east corner of said tract first described above thence southward in a straight line or nearly so to the beginning: said triangular strip entaining about three acres." and have his writ of possession therefor, and also recover of said defendant the damages aforesaid and monthly value aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Charles Fritz. vs. Isadore Busch.**
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 but not being concluded at the hour of adjournment further proceedings herein are continued until to-morrow morning.
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**Viewer Page 237** (rcdbook1856_26_0236.jpg)
> Handwritten Page Number on Record Book: 230
The Court met pursuant to adjournment, Present as before.
Sheriff's Deed. James Castello, 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 M. Mc. Elroy of all the right, title, interest, claim, estate and property of George W. Lopper, of in and to the following described real estate, viz: a certain tract of land lying in the north east corner of section eighteen in Township forty five north range five east, in the County of St. Louis containing forty seven acres and fifteen hundredths of an acre, and bounded on the east by land belonging to Frederick allright and on the north by lands belonging to the estate of Thomas Wiseman, and more particularly described in the decree in chancery confirming the said land to said George N. Loper, a copy of which is of record in the Recorder's office of St. Louis County in Book. Z. N. 3. page 379 and the same attached in suit on the twenty fifth of February 1856, sold by virtue and under authority of an execution issued from the Clerk's Office of the St. Louis Circuit Court dated the 18th March 1857 in favor of Alexander Mc. Elhinney against the said George W. Loper.
Sheriff's Deed. James Castello, 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 Mead of all the right, title, interest, claim, estate and property of Elizabeth Royce alias Elizabeth Hollis of in and to the following described real estate, to wit: Beginning at a point on the south side of Almond street, distant 100 feet from north west corner of Block 54, in the City of St. Louis; thence running south with said block and parallel with Third street 34 ½ feet, thence eastwardby 25 feet; thence westwardly and parallel with Third street 34 ½ feet to Almond street, thence north and parallel to almond street 25 feet to the place of beginning, being the lot of ground conveyed in halves to the trustee of said Elizabeth Royce by James A. Little and wife by deed of 12th July 1847, and recorded in Book N. No. 4. Page 243, and following; and by William Yule by deed of February 1st 1847 recorded in Book G. No. 4. page 335 and following: and which two halves of the whole lot, was February 7th 1852, conveyed in entirely and fee simple to said E. Royce; also all that undivided half of a certain lot of ground in Block 54, in the City of St. Louis, containing a front of 34 ½ feet, more or less on Third street and running east by a depth of 150 feet conveyed to Elizabeth Royce by Edward Walsh and wife by deed of Dec 19th 1850, recorded in Book S. No. 5. Page 298, and following, and for a more particular description of which reference is hereby made to a deed of Sheriff Milburn in Book R. No. 3. page 35, and following, also all that undivided half of a certain lot of ground in Block 54 of St. Louis, containing a front of 34½ feet on Third street and a depth of 150 feet beginning at a print in the east edge of Third street distant 34½ feet from the north west corner of 2nd. Block thence South with the edge of Third street 34½ feet, thence east in the line of a lot purchased by P. Bartlett, 150 feet to an Alley 20 feet wide, thence with the west line of said Alley to a lot of ground purchased by Wilson Primm 34½ feet, thence with the south line of said lot purchased by Wilson Primm 150 feet to the place of beginning, it being the same lot conveyed to Elizabeth Royce by John Mc. Lain and wife the fifteenth of January 1857 by deed in Book 8. No. 5 page 445- sold by virtue and under authority of an execution issued from the Office of the Clerk of the St. Louis Circuit Court on the twenty fourth day of November 1856, in favor of said Edward Meaad and against said Elizabeth Royce alias Elizabeth Hollis.
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**Viewer Page 238** (rcdbook1856_26_0237.jpg)
> Handwritten Page Number on Record Book: 231
**Eliza R. Mc. Cormick. vs. William Mc Cormick.**
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.
**Charles Fritz. vs. Isadore Busch.**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury empannelled and sevorn herein also come and by consent John J. C. Anderson, one of the Jurers herein, is excused from further service as such, and thereupon the trial of this cause progressed with the remaining eleven jurors, and being concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Three hundred dollars, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**William M. Morrison, et. al. vs. Platt R. Greene, et. al.**
Now at this day come the defendants by their attorney and withdraw their motion to set aside the judgment herein.
**Benjamin Lithauer. vs. Morris Raphalesky.**
Motion to strike out amended petition filed.
**Jacob Gross. vs. Reiner Beuter.**
Motion for new trial filed.
**In the matter of the assignment of William S. Hawken.**
Appraisement filed.
**Richard Bouché vs. Unknown Man B's Admr.**
Motion for new trial filed.
**Charles W. Newson. vs. John W. Spalding.**
Motion for new trial filed.
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**Viewer Page 239** (rcdbook1856_26_0238.jpg)
> Handwritten Page Number on Record Book: 232
The Court met pursuant to adjournment, Present as before.
**Mary Dawson formerly Brosna han. vs. John N. Dawson.**
Divorce Judgment.
Now at this day comes said plaintiff by her attorneys 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 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.
**John G. Luce. vs. Lorenzo P. Sanger, et. al.**
Continued on affidavit at costs of defendants.
**Enoch C. Brown. vs. Lorenzo P. Sanger. et. al.**
Continued on affidavit at costs of defendants.
**Caroline Rohland. vs. Charles F. Rohland.**
Default.
Proof of Publication filed, and now 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 betaken against said defendant as confessed, and this cause is continued until the next term of this Court.
**Charles Hoffman. vs. Emelia Richl.**
Motion for a new trial filed.
**In the matter of the assignment of William S. Hawken.**
Bond of Assignee filed and approved by the Court.
**Luther M. Shreve vs. Frederick W. Ingle & George Lich.**
Non Suit.
Now at this day come the parties aforesaid by their respective
attorneys, and thereupon come also a Jury, viz: John H. Sparr, Theodore Bredow, George Rohr, William R. Slop, John A. Monks, William H. Denter, William H. Mc. Clutchren, Frederick Stringerwald, William Mc. Carren, Josiah Alkire, Edward Cooper & C. L. Holthouse, twelve good and lawful men who being duly elected, tried and sworn the issues herein joined well and truly to try the trial of this cause progressed when the plaintiff says he will not further prosecute his said suit in this behalf his 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 her 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 the plaintiff to move to set aside the non suit herein. Motion to set aside non suit filed.
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**Viewer Page 240** (rcdbook1856_26_0239.jpg)
> Handwritten Page Number on Record Book: 233
The Court met pursuant to adjournment, Present as before.
**William C. Logan. vs. The St. Louis Oil Manufacturing Company.**
Motion for order on Sheriff to pay over money filed.
**George D. Humphreys, et. al. vs. The St. Louis Oil Manufacturing Company.**
Motion for an order to apply proceed of sale filed.
**James A. Beal. vs. Griffin P. Theobald, James K. B. Rice and Nathan L. Rice.**
Dismissal.
On motion of the plaintiff, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Robert Ballentine. vs. Mary Eleanore Ballentine.**
Divorce Judgment.
Now at this day come the parties herein and file the petition of plaintiff and answer of defendant thereto, and by consent and on motion of said parties by their respective attorneys, it is ordered by the Court that this cause be placed upon the Return Docket to the present term of this Court, and thereupon the parties herein submit this cause to the Court upon the pleadings and proofs for trial and the Court having duly heard and considered the same, doth find the issues herein joined in favor of the plaintiff. 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 rights and privileges of an unmarried person; and the Court being satisfied of the property thereof both grant the defendant leave to marry within five years, if she desire so to do, and it is further ordered by the Court that said plaintiff pay the costs of this suit and that execution issue therefor.
**Isaac Mai vs. W. Jones.**
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 Ohio.
**Charles Wiggins. vs. James Mc. William, George Washington & Henry Sherman, doing business under the name of Mc. William, Sherman & Co. James W. Sherman & Samuel Myerson.**
Judgment.
Now at this day comes said plaintiff by his attorney, and the demurrer of the defendants to the petition of the plaintiff having been therefore overruled and said defendants having failed to plead further herein, it is therefore on motion of said plaintiff by his attorney 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 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 ninety nine dollars and eighty one cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
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**Viewer Page 241** (rcdbook1856_26_0240.jpg)
> Handwritten Page Number on Record Book: 234
**The Boatmens Saving Institution. vs. Charles W. Hicks & Philip B. Reily.**
Satisfaction.
Now at this day comes Sullivan Blood Esquire, President of the plaintiff, and acknowledges to have received and full and entire satisfaction of the judgment rendered herein.
**William F. Johnson. vs. Francis W. Crane.**
Now at this day come the parties aforesaid by their respective attorneys and thereupon come also a Jury, viz: Edward Cooper, Theodore Bredow, James A. Monks, William R. Sloss, Josiah Alikre, James H. Sparr, John L. Kohler, C. L. Holthaus, Frederick Stiegerwald, S. W. Hamilton, William H. Dener & William H. Mc. Cutcheon, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, the trail 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 adjurnment, Present as before.
**Reubin J. Guthridge. vs. James Gormley, et. al.**
On motion of the plaintiff by his attorney, it is ordered by the Court that a Plurius Summons issue herein to the County of Ray for the defendant Lafayette S. Menifee.
**William F. Johnson. vs. Francis W. Crane.**
Judgment.
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 concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Five hundred and thirty dollars, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Charles Hoffman. vs. Charles Weber.**
Non Suit.
Now at this day come the parties aforesaid by their respective attorneys, and thereupon come also a Jury, viz: William Robinson, Theodore Bredow, William R. Sloss, Josiah Alkire, Cornelius J. Voorhus, Michael Smith, William H. Denter, S. V. Hamilton, James A. Monks, Frederick Stiegerwald, William H. Mc. Cutcheon, C. L. Holthaus, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, 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 the 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 give the plaintiff to move to set aside the non suit herein. Motion to set aside nonsuit filed.
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**Viewer Page 242** (rcdbook1856_26_0241.jpg)
> Handwritten Page Number on Record Book: 235
**William C. Logan. vs. St. Louis Oil Manufacturing Company.**
Amended motion on Sheriff to pay over money filed.
**William C. Logan. vs. James Castello.**
Motion on Sheriff to pay over money filed.
The Court met pursuant to adjournment, Present as before.
**Reuben Beardslee. vs. Turner Maddox.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and consent and agree that the Court may under judgment [ag ?] in favor of the defendant herein. 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 by consent of the parties it is ordered by the Court that the defendant pay the costs herein accrued, and that execution issue therefor.
**Theodore Kalb. vs. George Baumann.**
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, therefore 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 dollars and eighty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the debt aforesaid inform aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Joseph B. Holland, Francis B. Korchwal, Milton Tootle, Robert Donald & Sexton. vs. William Wade; Daniel M. Frost & Adam D. Stewart.**
Dismissal.
On the 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.
**Philo C. Calhoun, Ezra J. Sterling, Henry T. Clark & Ira Stansberry. vs. Edward Tanner.**
Dismissal.
On the 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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**Viewer Page 243** (rcdbook1856_26_0242.jpg)
> Handwritten Page Number on Record Book: 236
**Samuel Goulding & Joseph Goulding. vs. William Reuth.**
Confession of Judgment.
Now at this day comes said plaintiffs by their attorneys and file the statement in writing of the defendant duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of two thousand two hundred and four dollars, 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 inform aforesaid confessed, and also their costs and charges herein expended and have thereof execution.
**John Hagarty. vs. John Brook & James W. Sherman.**
Judgment.
Now at this day comes the parties aforesaid by their respective attorneys, and the Court having duly heard and considered the motion strike out the answer of the defendants herein and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained, and thereupon the plaintiff waiving a Jury submits this cause to the Court, and the Court having duly heard and consider 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 sixty seven dollars and ten cents. It is therefore consider and adjudged by the Court that said plaintiff recover of said defendant the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**William W. Wakelam. vs. Charles H. Valentine, et. al.**
The Court having duly heard and considered the motion to strike out part of the Answer herein and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
**Solomen Littlefield. vs. The St. Louis & Iron Mountain Rail Road Company.**
The Court having duly heard and considered the motion to set aside the judgments herein, and being fully advised of and concerning the premises doth consider and adjudge that said motion be sustained and that said judgment be aside and for naught held. Leave is given the defendant to answer herein answer filed.
**Joseph Bose. vs. Thomas S. Nelson.**
The Court having duly heard and considered the demurrer to the counter claim herein, and being fully advised of and concerning the premises, doth consider and adjudge that said demurrer be overruled.
**The St. Louis & Iron Mountain Rail Road Company. vs. Thomas Allen, et. al.**
Now at this day come the parties aforesaid by their respective attorneys, and the Court appoints Stephen Smith, John F. Long, John Byrne Jr. Lewis Clark & David Rankin, five disinterested citizens of the County of St. Louis, to view the land described in the petition of the plaintiff, and who shall taken 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 plat of the land thus condemned: said commissioners will meet at the Mayer's Office in the City of Carondelet on Monday the eleventh instant at 10 o'clock A. M. to proceed under this order, and shall make report of their proceedings under this order accompanied with a plat of said land, to this Court with all convenient dispatch.
**Melissa J. Parker. vs. James Parker.**
Dismissal.
On motion of the plaintiff by her 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.
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**Viewer Page 244** (rcdbook1856_26_0243.jpg)
> Handwritten Page Number on Record Book: 237
The Court met pursuant to adjournment, Present as before.
**Thomas J. Kyser. vs. 99. John O'Fallen Jr.**
Second Amended Petition filed.
**Thomas L. Mc. Evers. vs. Steam Boat "Sangamon."**
Now at this day come the parties aforesaid by their respective Attorneys, and thereupon come also a Jury, viz: Samuel H. Little, Joseph H. White, Charles King, G. J. Hendley, John Newcomb, Michael Shue, Peter Berger, Charles B. Smith, Theodore Kramer, William Conway, & F. Hackman, & Samuel B. Sherer, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, the trial of this cause progressed and being concluded the jury retire to consider of their verdict.
**William F. Johnson. vs. Francis W. Crane.**
Separate Motions by plaintiff & defendant for new trial filed.
**Madison Y. Johnson. vs. Cornelius D. Sullivan.**
Continued.
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**Viewer Page 245** (rcdbook1856_26_0244.jpg)
> Handwritten Page Number on Record Book: 238
The Judge of this Court being unwell, it is ordered that the same stand adjourned until Monday next, the eleventh instant, at nine o'clock a.m.
The Court met pursuant to adjournment, Present as before.
**Theodore L. Mc. Evers. vs. The Steam Boat "Sangamon."**
Judgment.
Now at this day come again the parties aforesaid by their respective attorneys, and the Jury empannelled and sworn herein, also come, and the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Eight hundred dollars damages. It is therefore considered and adjudged by the Court that said plaintiff recover of Samuel Hill & Robert J. Mc.Neely, the principals, and Lawrason Levering & William L. Ewing, the securities, in the bond given for the released of said defendant, the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Henry Marks and Daniel H. Lockwood. vs. Jeremiah P. Murphy.**
Judgment.
Now at this day come said plaintiffs by their attorney, defendant coming 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 One hundred and fifty four dollars and fifty five cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the damages aforesaid in form aforesaid as found and also then costs and charges herein expended and have thereof execution.
**Solomen Littlefield. vs. The St. Louis & Iron Mountain Rail Road Company. Court.**
On motion of the defendant by its Attorney, it is ordered by the Court that a Dedimus issue herein on the part of said defendant to the State of Massachusetts, and this cause is continued until the next time of this Court.
**Daniel Brady. vs. Patrick Conway.**
Motion & reasons to set aside judgment & for new trial filed, and affidavits in support of same filed.
**Thomas J. Kyser. vs. 64. John O'Fallow Jr.**
Statement of issues filed. Continued as on affidavit at costs of defendant.
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**Viewer Page 246** (rcdbook1856_26_0245.jpg)
> Handwritten Page Number on Record Book: 239
**George D. Little, et. al. vs. R. Shields.**
The Court having duly heard and considered the motion of the Garnishees herein to strike out part of the denial of their answer herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled. Leave is given said Garnishees to file Reply to said denial, and same filed. Bill of Exceptions filed, and this cause is continued until the next term of this Court.
**James Caldwill. vs. The City of St. Louis.**
The Court having duly heard and considered the demurrer herein and being fully advised of and concerning the premises, doth consider and adjudge that said demurrer overruled. Leave is given the defendant to answer herein within five days from this date.
John J. Abererombie, 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 Hetty Porter, aged about forty five years.
**Thomas J. Kyser. vs. 62. John O'Fallon Jr.**
Continued as on affidavit at costs of defendant.
**Thomas J. Kyser. vs. 99. John O'Fallow Jr.**
Continued.
**George G. Presbury, et. al. vs. Leander Lawrence.**
The depositiion of Charles P. Hite, taken & filed in former suit between the parties herein in this Court, is by leave of Court, now filed herein.
**Samuel Willi. vs. James Castello.**
Continued by consent.
**John R. Shepley, et. al. vs. James C. Musick.**
Continued by consent.
**Alhamba Reeder. vs. Cornelia Reeder.**
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.
**James M. Albro, et. al. vs. Anthony C. Williamson.**
Continued by consent.
**Calvin M. Mc. Clung. vs. Benjamin F. Corns.**
Now at this day comes the attorney for the plaintiff and suggests to the Court that since the commencement of this suit said plaintiff has departed this life, and thereupon Franklin A. Dick Administrator of said deceased plaintiff, enters his appearance as party plaintiff herein.
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**Viewer Page 247** (rcdbook1856_26_0246.jpg)
> Handwritten Page Number on Record Book: 240
**Charles S Hempstead. vs. Thomas Hempstead' Admr. et. al.**
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 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.
**Lawrence Mathews. vs. Daniel O'B. Dougherty.**
The Court having duly heard and considered the motion to set aside the Judgment by default and assessment of damages herein, and being fully advised of and concerning the premises doth consider and adjudge that said motion be overruled as to the judgment by default and sustained as to the assessment of damages, and that such assessment be had on wednesday next the thirteenth instant.
**The State of Missouri vs. Joseph A. Capurrs.**
Indictment for Selling Lottery Tickets.
Now at this day comes the Circuit Attorney, who prosecutes for the State, also comes the defendant by his Counsel, and argue and submit to the Court the defendant's demurrer to the Indictment herein, and the Court being fully advised of and concerning the premises, doth consider and adjudge that said demuner be sustained, and it is further considered by the Court that the plaintiff take nothing by the said Indictment and that the said defendant be discharged therefrom and go hence without day.
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**Viewer Page 248** (rcdbook1856_26_0247.jpg)
> Handwritten Page Number on Record Book: 241
The Court met pursuant to adjournment, Present as before.
**James Allen. vs. Sarah Ann Victoria Allen.**
Divorce. 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 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 bond 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 by the Court that said plaintiff have the care and custody of his two infant children until the further order of the Court and that he pay the costs herein accrued and that execution issue therefor.
**Gertrude Stock. vs. Frederick W. Stock.**
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 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.
**Samuel Gaty, John S. Mc. Cune, James Collins, Amos Storve & William H. Stone. vs. Frederick Bartold.**
Judgment.
Now at this day come said plaintiffs by their Attorney, defendant coming 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 Nine hundred and eighty seven dollars and sixty six cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the damages aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**George D. Little & Charles H. Olcott. vs. R. Shields.**
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 plaintiffs by their Attorney, ordered by the Court that said defendant be notified by the publication according to law of this order in the Missouri Democrat, a newspaper printed in the City of St. Louis, 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 Seven hundred and four dollars and seventy one cents, due upon a note executed by defendant to plaintiffs on the 5th August 1856, payable six months after date, 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 first Monday in October next, and on or before the second day of said term answer 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.
**William Palm. vs. Daniel D. Page, et. al.**
Answer filed.
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**Viewer Page 249** (rcdbook1856_26_0248.jpg)
> Handwritten Page Number on Record Book: 242
Samuel D. Walton, 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 Siles Tiler, a dark mulatto aged about forty nine years.
**Hull R. Jackson. vs. Nathan C. Covington.**
Now at this day comes the defendant by his attorney and withdraws his Demurrer to the Petition of the plaintiff herein, and on a motion of said defendant leave is given him to answer herein during the present term of this Court.
**Theodore L. Mc. Evers. vs. The Steam Boat "Sangamon."**
Motion in arrest and motion for new trial filed.
**Thomas J. Kyser. vs. 99 John O'Fallen Jr.**
Demurrer to second amended Petition filed.
**City of Carondelet. vs. Alexander Desnoyer's Admr.**
Motion to dismiss filed.
**Lorenzo P. Sanger, et. al. vs. Henry Harber.**
Continued by consent.
**Robert M. Barclay, et. al. vs. Daniel Gale.**
Continued.
**Isaac Anderson, et. al. vs. The Steam Boat "Fulton."**
Continued.
**Mary Ann Turton. vs. William Turton.**
Continued.
**John L. Harrison, et. al. vs. Solomon J. Little field.**
Continued by consent.
**Anna Bukoltz. vs. Theodore Bukoltz.**
On motion of the plaintiff by her attorney, it is ordered by the Court that an Alias Summons issue herein returnable to the next term of this Court.
**Aaron Bowers. vs. Antoine Vein, et. al.**
Continued.
**Sophia Walter by next friend vs. Antoine Vein, et. al.**
Continued.
**Aaron Bowers, et. al. vs. Antoine Vein, et. al.**
Continued.
**John J. Chamberlain. vs. Julia M. Chamberlain.**
Continued.
**Milton N. Mc. Lean's Admr. vs. Henry Brundy.**
Continued.
**Hezekiah Clagett. vs. Edward Hale Jr, et. al.**
Continued.
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**Viewer Page 250** (rcdbook1856_26_0249.jpg)
> Handwritten Page Number on Record Book: 243
**George G. Presburg, et. al. vs. Leander Lawrence**
Continued.
**John H. Rahlfing vs. John Gutbrod.**
Continued at costs of plaintiff.
**Charles Fuhrman. vs. Charles Eberhard.**
Judgment.
Now at this day comes said plaintiff by his Attorney, defendant coming not, and thereupon come also a Jury, viz: Samuel H. Little. Emanuel Morris, Henry Gardner, Theodore Shulte, John Kappeser, John Graham, Peter Berger, Matthew Flesch, John Warren, Charles Tillman, John Metcalf & Charles Branson, twelve good and lawful men who being duly elected tried and sworn the issues herein joined well and truly to try 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 fifty dollars, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Charles S. Hempstead. vs. John D. Wilson Administrator of the Estate of Thomas Hempstead. & John Biddle.**
Non Suit.
Now at this day come again the parties aforesaid by their respective Attorneys, and thereupon 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 defendants go thereof without day and recover of said plaintiff their costs and charges herein expended and have thereof execution. Leave is given the plaintiff to move to set aside the non suit herein.
**The State of Missouri vs. William Burke & George Broun. The State of Missouri vs. James L. Cassidy, Peirre Chouteau Jr. & James Cassidy. The State of Missouri vs. James L. Cassidy, Peirre Chouteau Jr. & James Cassidy. The State of Missouri vs. James L. Cassidy, Peirre Chouteau Jr. & James Cassidy. The State of Missouri vs. James L. Cassidy, Peirre Chouteau Jr. & James Cassidy. The State of Missouri vs. James L. Cassidy, Peirre Chouteau Jr. & James Cassidy.**
Alias Scire facias on Forfieted Recognizance.
The several Judgments in the foregoing entitled causes, having been imprudently taken before the time for pleading had elapsed, now on motion of the Circuit Attorney who prosecutes for the State, it is ordered by the Court tht said Judgments be and they are hereby vacated and for naught held.
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**Viewer Page 251** (rcdbook1856_26_0250.jpg)
> Handwritten Page Number on Record Book: 244
The Court met pursuant to adjournment, Present as before.
**George D. Humphreys, Thomas E. Jutt, & Licius H. Jerry. vs. Platt R. Green, James K. Burtis & Thomas W. Alexander.**
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.
**Thomas F. Smith's Admr. vs. Frederick W. Beckwith's Admr., et. al.**
On motion of the plaintiff by his Attorney, it is ordered by the Court that an Alias Summons issue herein against the defendant Jullia C. Beckwith Administratrix of Frederick W. Beckwith, returnable to the next term of this Court, and this cause is continued until the next term of this Court.
**Almira J. Fawber. vs. Oscar Fowler.**
Divorce. Judgment.
Now at this day comes said plaintiff by her Attorney, but said defendant having failed to answer herein within the time allowed him so to do, it is therefore on motion of said plaintiff by her attorney ordered by the Court that [said ?] 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 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 priviliges of an unmarried person, and recover of said defendant her costs and charges herein expended and have thereof execution.
**Harries N. Barnard. vs. Edwin R. Barnard, alias, Edwin Dean.**
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 her Attorney, ordered by the Court that said defendant be notified by the publication according to law of this order in the Missouri Democrat, a newspaper printed in the City of St. Louis, 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 that defendant has another wife, that he is a vagrant, cruel and barbarons treatment, and such indignities to the person of plaintiff as to under her condition intolerable, and that unless he be and appear at the next time of said Court to be begun and held at the City of St. Louis on the first 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.
**James Caldwell. vs. The City of St. Louis.**
Answer filed.
**Charles S. Hempstead. vs. Thomas Hempstead's Admr., et. al.**
Motion to set aside non suit filed.
**State to use Richard H. Cole, Assignee. vs. George B. Brua, et. al.**
Continued by Consent.
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**Viewer Page 252** (rcdbook1856_26_0251.jpg)
> Handwritten Page Number on Record Book: 245
**Lawrence Mathews. vs. Daniel O'B. Dougherty.**
Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and the defendant files an affidavit for a continuance herein, and the Court having duly heard and considered the same doth refuse to grant such continuance, and thereupon come also a Jury, viz: Samuel H. Little, Emanuel Marris, J. Kappeser, Charles Branson, Samuel S. Robinson, J. Rhodes, Theodere Shulte, John Borrell, Mathew Flesch, Charles Tillman, John Warren & Peter Buger, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to assess the damages sustained by the plaintiff herein by reason of the premises set out in his petition, and having heard the evidence the Jury aforesaid upon their oaths aforesaid do assess such damages at the sum of Ten hundred and forty one dollars and eighty three cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the damages aforesaid in form aforesaid assessed and also his costs and charges herein expended and have thereof execution.
**Benjamin M. Runyan. vs. George W. Scollay and Alenzo Cutler.**
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 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 one hundred and thirty one dollars and thirty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
Anthony G. Thomson, 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 woman named Louise about twenty six years of age, of dark mulatto color, about five feet four inches high; and also her three children, the oldest one named James Madison, aged four years and two months, being a boy of mulatto color; the second one a girl named Ann Elizabeth, aged two years two months and a half, mulatto color, and the third one a boy named Lucius, aged three months, mulatto color.
**Henry J. Mudd, et. al. vs. B. M. Veatch.**
Continued.
**Elizabeth Woodward. vs. Joseph Filed.**
Continued.
**David W. Hill. vs. James W. Bowen.**
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.
**Francis W. Crane. vs. James Hewett, et. al.**
Continued by consent.
**Coleman Pruett, et. al. vs. Frederick Gelfart, et. al.**
Continued by consent.
**Frederick Buschmann. vs. Richard Ivers, et. al.**
Continued by consent.
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**Viewer Page 253** (rcdbook1856_26_0252.jpg)
> Handwritten Page Number on Record Book: 246
**Griffin P. Theobald, et. al. vs. Adolph A. Mayer.**
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 plaintiffs by their attorney ordered by the Court that said defendant be notified by the publication according to law of this order in the Missouri Democrat, a newspaper printed in the City of St. Louis, that said plaintiffs has instituted suit against him in the St. Louis Court of Common Pleas and which has been transferred to the St. Louis Circuit Court, the object of which is to obtain judgment against him for the sum of One hundred and sixty five dollars and eighty two cents, balance due on account, and that his property has been attached, and that unless he be and appear at the next term of said St. Louis Circuit Court to be begun and held as the City of St. Louis on the first 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 undered against him and his property sold to satisfy the same.
**Frederick Meyer, et. al. vs. George W. Fisher, et. al.**
The Court having duly heard and considered the motion for a new trial herein, by the defendant Fisher, and being fully advised of and concerning the premises, doth consider and adjudge that, upon the payment of the costs of the trial herein by said defendant, said motion be sustained, and leave is given said defendant to file an Amended Answer herein during the present term of this Court.
Alfred Carr, who is personally known to the Court, comes into Open Court, and acknowledges the execution by him of a Deed of Emancipation to "Cassy" a slave for life, being about fifty five years of age, and of mulatto color.
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**Viewer Page 254** (rcdbook1856_26_0253.jpg)
> Handwritten Page Number on Record Book: 247
The Court met pursuant to adjournment, Present as before.
**The City of Carondelet. vs. The Estate of Alexander Desnoyer.**
Appeal. Judgment.
Now at this day come the parties aforesaid by their respective attorneys, and the Court having duly heard and considered the motion to dismiss herein and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled, and thereupon the 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 such proofs that said defendant is indebted to said plaintiff in the sum of Ten hundred and eighty four dollars and forty 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 its costs and charges herein expended, and that this cause be certified to the St. Louis Probate Court there to proceeded in according to the statute in such case made and provided.
**William Sturrmann. vs. The city of Saint Louis.**
The Court having duly heard and considered the demurrer herein and being fully advised of and concerning the premises, both consider and adjudge that said demurrer be sustained. Leave is given the plaintiff to amend his petition herein during the present term of this Court, and this cause continued until next term of this Court.
**Robert S. Armstrong & Charles Casey. vs. George H. Schuster.**
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 said plaintiffs have sustained damage by reason of the premises set out in their petition in the sum of Three hundred and nine dollars and seventy cents. It is therefore considered and adjudged by the Court that said plaintiffs recover of said defendant the damages aforesaid in form aforesaid as found and also their costs and charges herein expended and have thereof execution.
**John J. Anderson. vs. William O. Shands.**
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 four dollars and fifteen cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**John J. Anderson. vs. William O. Shad & Basil W. Alexander.**
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 defendants are indebted to said plaintiff in the sum of Three hundred and seventy one dollars. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the debt aforesaid in form aforesaid as found and also his costs and charges
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> Handwritten Page Number on Record Book: 248
herein expended and have thereof execution.
**Thomas Hood. vs. William O. Shands, Edwin Ellis, James Hutton & Daniel B. Hunt.**
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, therefore 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 and confessed, and the plaintiff waiving a jury submits this cause to the Court having duly heard and considered the same, both 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 thirty dollars and seventy cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the debt aforesaid inform aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Elias A. Owens. vs. Steam Boat "Challenge".**
Judgment by default.
Now at this day comes [again ?] 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 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 One hundred and fifty two dollars and fifty cents. It is therefore considered and adjudged by the Court that said plaintiff recover of James H. Johnson, the principal, and Stephen M. Edgell, the security, in the bond given for the release of said defendant, the debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**James Marnell. vs. Jerome B. Timmonds.**
Now at this day comes said plaintiff by his attorney, and suggests to the Court that Catharine Timmonds has been appointed administrative of said defendant, and on his motion it is ordered by the Court that a summons issue against said administrative returnable to the next term of this Court.
**James Hackett. vs. John Brinckman.**
Abstract of issues filed.
**James Riley. vs. William Farrell's Admr.**
Continued.
**Lucien H. Fuller vs. Albert G. Vaughn.**
Continued.
**James G. Mc. Pheeters. vs. William Wible.**
Continued.
**Francis P. Blair Admr. of George Bent.**
Continued.
**John C. Barbe. vs. Mary Ann Barbe.**
Continued.
**Rebecca Renton. vs. Douglass Renton.**
Continued.
**Josiah H. Obear. vs. George B. Michael.**
Continued as on affidavit at costs of defendant.
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> Handwritten Page Number on Record Book: 249
**Joseph Bose. vs. Thomas S. Nelson.**
Continued.
**Alexander Turnbull, Edward Slade & William Turnbull Jr. vs. John J. Anderson Garnishee of Samuel Jacks, Raphael Keiler & Adolph Isaacs.**
On motion of the plaintiffs by their attorney, it is ordered by the Court that said garnishee be discharged at the costs of said plaintiffs and that execution issue therefor.
**William Lingo. vs. Rapin E. Smith garnishee of Edward Milligan.**
By consent of the parties herein, it is ordered by the Court that the default herein be and the same is hereby set aside, and leave is given said garnishee to answer herein before the first day of the next term of this Court.
**Henry Dunster & George A. Sagendorph. vs. Gilbert T. Sewell, Robert H. Bonnett & John Simmons.**
On Interpleader of William Simmons Sr.
Now at this day come said plaintiffs and 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 from such proofs find the issues herein joined 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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> Handwritten Page Number on Record Book: 250
The Court met pursuant to adjournment. Present as before.
**John M. Mc. Keage. vs. William Wible.**
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 Wainwright. vs. Richard Rawland, et. al.**
Sheriff's Report of Sale filed, and the Court being satisfied of the correctness thereof, and no objection being made thereto, doth confirm said Report; and doth order that the Sheriff make deed to the purchasers of the property by him sold under the order of sale herein.
**In the matter of James Pease.**
Substitution of Trustee.
It appearing to the satisfaction of the Court from the statement of James Pease, duly verified by affidavit, that John A. Chapin, Trustee of a certain Deed of Trust executed by Sylvester W. Ball & wife, on the 19th day of June 1854, and recorded in the Recorder's Office of St. Louis County in Book 154 page 398, has removed out of the State of Missouri without having completed the performance of the duties impossed on him by said deed of trust. It is therefore ordered that James Castells, Esquire, Sheriff of St. Louis County, be and he is hereby appointed and substituted Trustee in place of said John A. Chapin, with the like trusts and powers, according to the statute in such case made and provided.
**James Hackett. vs. John Brinkman.**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the costs of defendant and that execution issue therefor.
**George Henderson. vs. Frederick Albright Garnishee of George W. Loper & Benjamin Lacy.**
Judgment.
Now at this day comes said plaintiff by his attorney and files the answer of said garnishee herein, from which is appears to the Court that at the time of the service of the garnishment herein, said garnishee was indebted to said George W. Loper in the sum of Four hundred and seventy five dollars and ninety cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said garnishee the sum aforesaid in form aforesaid found and have thereof execution and the Court allows said garnishee the sum of Ten dollars for his trouble and expense in answering herein, to be taxed as costs herein.
**Charles Koechler. vs. Wilhelmina Koechler.**
Defendant's admissions filed, and motion for Judgment on admissions filed.
**Hull R. Jackson. vs. 46. Nathan C. Covington.**
Continued.
**Hull R. Jackson. vs. 47. Nathan C. Covington.**
Continued.
**James Foy. vs. John Wasson, et. al.**
Continued.
**August J. Carpentier. vs. Thomas Wall.**
Continued.
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> Handwritten Page Number on Record Book: 251
**Frederick Neuer Administrator of the Estate of William Neuer, deceased. vs. Robert W. Hunt.**
Dismissal.
By consent of parties it is ordered by the Court that this cause be dismissed at the costs of the defendant and that execution issue therefor.
**Thomas B. Ellis. vs. Richard C. Shackelford.**
Continued on affidavit at costs of defendant.
**Julian Gamache. vs. Christian Grimm, et. al.**
Now at this day come the parties aforesaid by their respective Attorneys and thereupon come also a Jury, viz: William S. Wood, Paul Dejarlet, Mathew Dougherty, Charles Branson, Charles Tillman, Mathew Flesch, Samuel H. Little, Emanul Morris, John Graham, Samuel S. Robinson, John Metcalf & James Hart, twelve good and lawful men, who being duly elected, tried and sevorn the issues herein joined well and truly to try, 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: 252
The Court met pursuant to adjournment. Present as before.
**Julian Gamache. vs. Christian Gremm & John Steffenaner.**
Judgment.
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 of progressed and being concluded the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of Six hundred and twenty nine dollars and ninety six cents, damages. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Henry N. Hart, et. al. vs. Daniel D. Bage, Henry D. Bacon. Edward Wyman & Thomas Brown.**
Satisfaction.
Now at this day come said plaintiffs by their Attorney, and acknowledge to have received full and entire satisfaction of the Judgment undered herein.
**P. Jewell & Sons. vs. William Risley Administrator of William S. Risley.**
Non Suit.
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 thereupon the trial of this cause 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 that said defendant go thereof without day and recover of said [def ?] plaintiffs his costs and charges herein expended and have thereof execution. Leave is given said plaintiffs to move to set aside the non suit herein.
**Frederick Meyer, et. al. vs. George W. Fisher, et. al.**
Supplemental Answer filed, and on motion of the defendant Fisher by his Attorney, the time for paying the costs of the trial herein, is extended until the first day of the next term of this Court.
**Jane Foster's Admr. vs. Legrand F. Rucker's Exr.**
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.
**Reese Reese. vs. John Chilton.**
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.
**Jacob Gross. vs. Reiner Beuter.**
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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> Handwritten Page Number on Record Book: 253
**Charles W. Newton. vs. John W. Spaulding.**
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.
**Richard Bouche. vs. Unknown Man B's Admr.**
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.
**Eliza S. White. vs. Henry White.**
Motion to set aside decree & affidavit filed, & motion to reduce allowance of Alimeny & notice of motion filed.
**Henry Marks, et. al. vs. Jeremiah P. Murphy.**
Motion to set aside judgment filed.
**City of Carondelet. vs. Estate of Alexander Desnoyer.**
Motion for new trial filed.
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> Handwritten Page Number on Record Book: 254
The Court met pursuant to adjournment, Present as before.
**David Y. Bridges, et. al. vs. John W. Hedenburg.**
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 sustained and that a new trial be had herein at the next term of this Court.
**John Ansted. vs. Julius Winkelmeyer.**
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.
**Martin L. Hobart. vs. Isaac J. Wise. Assignee.**
Agreement as to evidence & statement of case filed.
**William F. Johnson. vs. Francis W. Crane.**
The Court having duly heard and considered the separate motion for a new trial herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
**Joseph Bose. vs. Thomas S. Nelson.**
Motion for security for costs continued until next term.
**Madison Y. Johnson. vs. Cornelius D. Sullivan.**
Motion to increase damages continued until next term.
**James Andrews. vs. Barney M. Lynch.**
Now at this day comes the plaintiff by his attorney and remits Four hundred and twenty dollars of the judgment rendered herein.
**Eliza M. Perry, et. al. vs. Mason Frissell, et. al.**
On motion of Thomas J. Gantt Esquire counsel for defendants, it is ordered by the Court that Charles D. Drake. Commissioner herein, as pay out of the moneys in his hands, as stated in his fifth Report filed herein on the 23rd March last past, to the several parties in interest, the amounts stated therein to be due to them as follows to wit: To Eliza M. Perry Fifteen thousand two hundred and twenty six dollars and ninety one cents; to Angeline C. Bredell Sixteen hundred and ninety one dollars and eighty eight cents; to Rachel & Dunklin Sixteen hundred and ninety one dollars and eighty eight cents; to Samuel M. Perry Sixteen hundred and ninety one dollars and eighty eight cents; to William. M. Small Sixteen hundred and ninety one dollars and eighty eight cents; to Sarah Ann Perry Fifteen hundred and fifty nine dollars and seventy six cents; to Alfred Chadwick Sixteen hundred and ninety one dollars and eighty eight cents; to Eliza M. Wiatt Sixteen hundred and ninety one dollars and eighty eight cents; to John P. Mc. Guire Four hundred and twelve dollars and fifty two cents; to Mason Frissell Eight hundred and thirty nine dollars and sixty four cents; to William E. Browne Five hundred and sixty three dollars and ninety five cents; to Joseph J. Brown five hundred and sixty three dollars and ninety six cents; to Robert H. Browne Five hundred and sixty three dollars and ninety five cents; to David E. Perryman Two hundred and eighty five dollars and ninety two cents; to Israel Mc. Gready Two hundred and eighty five dollars and ninety two cents.
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> Handwritten Page Number on Record Book: 255
The Court adjourned until nine O'clock to-morrow morning.
The Court met pursuant to adjournment, Present as before.
**Theodore L. Mc. Evers. vs. The Steam Boat "Sangamen."**
The Court having duly heard duly heard and considered the motion for a new trial and also the motion in arrest of judgment herein, and being fully advised of and concerning the premises, doth consider and adjudge that each of said motions be overruled.
**Charles Hoffman. vs. Emelia Riehl.**
The Court having duly heard 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.
**Charles Hoffman. vs. Charles Weber.**
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 said motion be overruled.
**Patrick Leahy, et. al. vs. Francis Dugdale's Admr.**
The Court having duly heard 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 motions be overruled.
**Daniel Brady. vs. Patrick Conway.**
The Court having duly heard duly heard and considered the motion to set aside the judgment herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained at the costs of the defendant, and it is further ordered by the Court that the judgment now set aside, stand as security for any future judgment which may be recovered by plaintiff against defendant herein.
**James Andrews. vs. Barney M. Lynch.**
The Court having duly heard duly heard and considered the motion for a new trial and also the motion in arrest of judgment herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motions be overruled.
**Morris Rosenheim. vs. Henry Wissman.**
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 Seven hundred and ninety two dollars and eighty four 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 debt aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**Julian Gamache. vs. Christian Grimm, et. al.**
Motion for new trial filed.
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> Handwritten Page Number on Record Book: 256
**St. Louis & Iron Mountain Rail Road Company. vs. Thomas Allen & others.**
Motion for stay of proceedings 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 sustained, and [th ?] on motion of the plaintiff by its attorney, it is ordered by the Court that the order heretofore made appointing Commissioners to assess damages for right of way, be set aside, and leave is given the plaintiff to amend its petition herein, so as to being in all parties claiming or interested in the promises.
**William A. Lee. vs. Samuel Sides.**
Continued.
**Martin Kerigan. vs. Robert F. Wingate, Garnishee.**
Continued.
**The State of Missouri. vs. Joseph A. Capurro.**
Indictment for Selling Lottery Tickets. Continued.
**Isaac T. Greene. vs. Dennis Marks, et. al.**
Continued.
**James Caldwell vs. The City of St. Louis**
Continued.
**Marsin D. Hickman, et. al. vs. Nathaniel G. Woods Er.**
Continued by consent.
**Norman Cutter. vs. William Waddingham, et. al.**
Continued.
**Norman Cutter. vs. M. A. Childress, et. al.**
Continued.
**Louis A. Benirst vs. Thomas E. Coutenay, et. al.**
On motion of the plaintiff by his attorney leave is given him to withdraw from deposition the Protest attached thereto.
**Thomas A. Harren. vs. Frank Field.**
Continued.
**Luther M. Shreve. vs. Frederick W. Ingle, et. al.**
Affidavit in support of motion to set aside nonsuit filed.
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**Viewer Page 264** (rcdbook1856_26_0263.jpg)
> Handwritten Page Number on Record Book: 257
The Court met pursuant to adjournment, Present as before.
**Benjamin Luthauer. vs. Marris Raphaelsky.**
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 said motion be overruled. Leave is given the defendant to answer said amended Petition on or before the first day of the next term of this Court.
**John L. Harbison, et. al. vs. Solomon J. Littlefield.**
Affidavit for alias attachment filed, and the Court having duly heard and considered the same, and being satisfied of the propriety thereof, doth order that an alias wit of attachment issue herein returnable to the next term of this Court.
**Nicholas Franck. vs. Franz Nassal.**
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 sustained and that a new trial be had herein at the next term of this Court.
**Hyaeinth Pigeon's Executrix. vs. Daniel D. Page, et. al.**
On motion of the plaintiff by her attorney, leave is given her to withdraw the "Exhibit A," by her filed herein, upon leaving a copy and receipt for the same.
**Martin L. Hobart. vs. Isaac T. Wise Assignee of Osborne, Camp & Co.**
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 One hundred and fifty seven dollars and fifty seven cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendant the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution.
**City of Carondelet. vs. Estate of Alexander Desonyer.**
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.
**Julien Gamache. vs. Christian Grimm, et. al.**
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.
**William C. Logan. vs. St. Louis Oil Manufacturing Company.**
Now at this day comes said plaintiff by his Attorney, and withdraws his motion for an order on the Sheriff to pay over money also his amended motion for an order on the Sheriff to pay over money.
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**William C. Logan. vs. James Castello.**
Now at this day comes said plaintiff by his attorney and withdraw his motion on Sheriff to pay over money.
**George D. Humphreys, et. al. vs. St. Louis Oil Manufacturing Company.**
Now at this day come said plaintiffs by their attorney and withdraw their motion for an order on the Sheriff to pay over money.
**Luther M. Shreve. vs. Frederick W. Ingle, et. al.**
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 said motion be sustained, at the costs of said plaintiff.
**Thomas F. Smith's Admr. vs. Frederick W. Beckwith's Admr., et. al.**
Demurrer by defendants Dorsett & Brotherton continued until next term.
**Alanson C. Stewart., et. al. vs. George S. Case.**
Motion to suppress depsition of Kasson continued until next term.
**Eliza S. White, vs. Henry White.**
Motion to set aside decree & motion to reduce allowance of Alimony continued until next term by agreement of parties.
**Isaac T. Greene. vs. Dennis Marks.**
Now at this day comes said plaintiff by his attorney and withdraws his motion for Execution on the judgment herein.
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> Handwritten Page Number on Record Book: 259
The Court met pursuant to adjournment, Present as before.
**The State of Missouri. vs. William Burke & George Brown.**
Alias Scire facials on Forfieted Recognizance.
Now at this day comes the said State of Missouri by its attorney, and the Sheriff of the County now here returns into Court that the said William Burke & George Brown were not now were they or either of them found in his bailiwick whereby he could make known to them or either of them to appear at this term of this Court to shew cause if any they had or anything could say why the State of Missouri should not have execution against them in his behalf as by the writ of alias scire facias heretofore issued to him returnable to the present term of this Court he was commanded, and the said William Burke & George Brown although solemnly called do not nor doth either of them come but make default, and the Recognizance entered into before this Court by the said William Burke & George Brown having been on the twenty sixth day of October in the year Eighteen hundred and fifty five by this Court forfieted, and the Sheriff having returned the scire facias and alias scire facias that the said named parties were not found in his County. Therefore it is considered that the said State of Missouri have execution against the said William Burke and George Brown, that is to say, against the said William Burke of the said sum of One thousand dollars by him in form aforesaid acknowledged, and against the said George Brown of the said sum of One thousand dollars by him in form aforesaid acknowledged, according to the force, form and effect of the said recognizance by the default of them the said William Burke and George Brown together with her costs of suit.
**The State of Missouri vs. James L. Cassidy, Pierre Chouteau Jr. & James Cassidy.**
Alias Scire facias on Forfieted Recognizance.
Now at this day comes the said State of Missouri by its attorney, and the Sheriff of the County now here returns into Court that the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy were now were they or either of them found in his bailiwick whereby he could make known to them either to appear at this term of this Court to show cause if any they had or anything could say why State of Missouri should not have execution against the in his behalf ad by the writ of alias sire facials here to fore issued to him returnable to the present term of this Court he was commanded, and the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy although solemnly called do not nor both either of them come but make default, and the Recognizance entered into before this court by the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy having been on the twenty fifth day of October in the year Eighteen hundred and fifty five by the Court forfeited. and the Sheriff having returned the scire facias and alias sire facias that the said named parties were not found in his County. Therefore it is considered that the said State of Missouri have execution against the said James L. Cassidy, Pierre Choteau Jr. & James Cassidy, that is to say, against the said James L. Cassidy of the said sum of Five hundred dollars by him in form aforesaid acknowledged, against the said Pierre Chouteau Jr, of the said sum of Five hundred dollars by him in form aforesaid acknowledged and against the said James Cassidy of the said sum of Five hundred dollars by him in from aforesaid acknowledged according to the force, form and effect of the said recognizance by the default of them the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy, together with her costs of suit.
**The State of Missouri vs. James L. Cassidy, Pierre Chouteau Jr. & James Cassidy.**
Alias Scire facias on Forfieted Recognizance.
Now at this day comes the said State of Missouri by its attorney, and the Sheriff of the County now here returns into Court that the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy were not now were they or either of them found in his bailiwick whereby he could make known to them or either of them to appear at this term of this Court to show cause if any they had or anything could say why the State of Missouri should not have execution against them in this behalf as by the writ of alias scire facias
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> Handwritten Page Number on Record Book: 260
heretofore issued to him returnable to the present term of this Court he was commanded, and that said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy although solemnly called do not nor doth either of them come but make default, and the Recognizance entered into before this Court by the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy having been on the twenty fifth day of October in the year Eighteen hundred and fifty five by this Court forfieted, and the Sheriff having returned the scire facias and alias scire facias that the said named parties were not found on his County. Therefore it is considered that the said State of Missouri have execution against the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy, that is to say, against the said James L. Cassidy of the said sum of Five hundred dollars by him in form aforesaid acknowledged, against the said Pierre Chouteau Jr. of the said sum of Five hundred dollars by him in form aforesaid acknowledged and against the said James Cassidy of the said sum of Five hundred dollars by him in form aforesaid acknowledged, according to the force, form and effect of the said recognizance by the default of them the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy, together with her costs of suit.
**The State of Missouri. vs. James L. Cassidy, Pierre Chouteau Jr. & James Cassidy.**
Alias Scire facias on the Forfieted Recognizance.
Now at this day comes the said State of Missouri by its attorney, and the Sheriff of the County now here returns into Court that the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy were not nor were they or either of them found in his bailiwick whereby he could make known to them or either of them to appear at this term of this Court to show cause if any they had or anything could say why the State of Missouri should not have execution against them in this behalf as by the writ of alias scire facias heretofore issued to him returnable to the present term of this Court he was commanded, and the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy although solemnly called do not nor doth either of them come but make default, and the Recognizance entered into before this Court by the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy having been on the twenty fifth day of October in the year Eighteen hundred and fifty five by this Court forfieted, and the Sheriff having returned the scire facias and alias scire facias that the said named parties were not found in his County. Therefore it is considered that the said State of Missouri have execution against the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy, that is to say, against the said James L. Cassidy of the said sum of Five hundred dollars by him in form aforesaid acknowledged; against the said Pierre Chouteau Jr. of the said sum of Five hundred dollars by him in form aforesaid acknowledged and against the said James Cassidy of the said sum of Five hundred dollars by him in form aforesaid acknowledged, according to the force, form and effect of the said recognizance by the default of them the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy, together with her costs of suit.
**The State of Missouri. vs. James L. Cassidy, Pierre Chouteau Jr. & James Cassidy.**
Alias Scire facias on the Forfieted Recognizance.
Now at this day comes the said State of Missouri by its attorney, and the Sheriff of the County now here returns into Court that the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy were not nor were they or either of them found in his bailiwick whereby he could make known to them or either of them to appear at this term of this Court to show cause if any they had or anything could say why the State of Missouri should not have execution against them in this behalf as by the writ of alias scire facias heretofore issued to him returnable to the present term of this Court he was commanded, and that said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy although solemnly called do not nor doth either of them come but make default, and the Recognizance entered into before this court by the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy having been on the twenty fifth day of October in the year Eighteen hundred and fifty five by this Court forfieted, and the Sheriff having returned the scire facias and alias scire facias that the said named parties were not found in his County. Therefore it is considered that the said State of Missouri have execution against the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy, that is to say, against the said James L. Cassidy of the said sum of Five hundred dollars by him in form aforesaid acknowledged, against the said Pierre Chouteau Jr. of the said sum of Five hundred dollars by him in form.
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aforesaid acknowledged and against that said James Cassidy of the said sum of Five hundred dollars by him in form aforesaid acknowledged, according to the force, form and effect of the said recognizance by the default of them the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy together with her costs of suit.
**The State of Missouri. vs. James L. Cassidy, Pierre Chouteau Jr. & James Cassidy.**
Alias Scire facias on Forfieted Recognizance.
Now at this day comes the said State of Missouri by its attorney, and the Sheriff of the County now here returns into Court that the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy were not nor were they or either of them found in his bailiwick whereby he could make known to them or either of them to appear at the present term of this Court to show cause if any they had or anything could say why the State of Missouri should not have execution against term in this behalf, as by the writ of alias scire facias heretofore issued to him returnable to the present term of this Court he was commanded, and that said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy although solemnly called do not nor both either of them come but make default, and the Recognizance entered into before this Court by the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy having been on the twenty fifth day of October in the year Eighteen hundred and fifty five by this Court forfieted, and the Sheriff having returned the scire facias and alias scire facias that the said named parties were not found in his County. Therefore it is considered that the said State of Missouri have execution against the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy, that is to say, against the said James L. Cassidy, of the said sum of Five hundred dollars by him in form aforesaid acknowledged; against the said Pierre Chouteau Jr. of the said sum of Five hundred dollars by him in form aforesaid acknowledged and against the said James Cassidy of the said sum of Five hundred dollars by him in form aforesaid acknowledged, according to the force, form and effect of the said recognizance by the default of them the said James L. Cassidy, Pierre Chouteau Jr. & James Cassidy together with her costs of suit.
**Charles Whitmore, et. al. vs. Chitwood.**
By leave of Court plaintiff amends his petition herein by inserting "Green" as the christian name of the defendant.
**David Gwynne & Thomas M. Gwynne. vs. Justus Goodwin, William G. Goodwin & H. D. C. Tuttle.**
Dismissal.
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.
**Charles Koechler. vs. Wilhelmina Koechler.**
The Court having duly heard and considered the motion for judgment on the admissions of the defendant herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be overruled.
**Charles Fritz. vs. Isadow Busch.**
The Court having duly heard and considered the motion for a new trial herein, and being fully advised of an concerning the premises, doth consider and adjudge that said motion be sustained at the costs of the defendant, and that a new trial be had herein at the next term of this Court, and it is further considered by the Court that the judgment here set aside stand as security for any future judgment which may be rendered herein if the plaintiff against the defendant.
**Charles W. Newton. vs. John W. Spaulding.**
Bill of Exceptions filed.
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**Thomas J. Kyser. vs. 63. John O' Fallen Jr.**
The Court having duly heard and considered the motion to strike out the answer herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motion be sustained. Leave is given the defendant to file an amended answer herein on or before the first day of the next term of this Court.
**Henry Marks, et. al. vs. Jeremiah P. Murphy.**
The Court having duly heard and considered the 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.
William S. Mc. Knight, 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 slave for life, of Black color, called and known by the name of "Kitty", about the age of forty years, of middle height.
**R. Barbara Hoch. vs. Andreas Hoch.**
Order of Publication.
It appearing to the satisfaction of the Court upon 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 in the Missouri Democrat, a newspaper printed in the City of St. Louis, 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 appear at the next term of said Court to be begun and held at the City of St. Louis on the first 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.
**John B. Ghio. vs. George W. Scollay & Alenzo Cutter.**
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 that said plaintiff has sustained damage by reason of the premises set out in his petition in the sum of Ten hundred and sixty three dollars and five cents. It is therefore considered and adjudged by the Court that said plaintiff recover of said defendants the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have thereof execution. Motion for new trial, and motion in arrest of judgment filed.
**In the matter of John M. Laughlin.**
Habeas Corpus.
Petition filed, and it is ordered by the Court that a writ issue herein returnable at 9 o'clock to-morrow morning.
**William Milburn, et. al. Comrs. vs. Charles J. Carpenter. William Milburn, et. al. Comrs. vs. Thomas C. Reynolds. William Milburn, et. al. Comrs. vs. James A. Hardy. William Milburn, et. al. Comrs. vs. Christopher C. Mc. Lure. William Milburn, et. al. vs. Elmer Blanchard. William Milburn, et. al. Comrs. vs. John Hogan.**
Continued, and on motion of the parties herein, it is ordered by the Court that these cause be set for the second Monday of the next term of this Court.
**Samuel Wainwright. vs. Richard Rowland, et. al.**
Now at this day come the said Samuel Wainwright, Richard Rowland & Mary E. Rowland, by their attornies, and the infant defendants by their curator, and by consent the confirmation of the report of sale, heretofore filed by the Sheriff of St. Louis
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County, is set aside and leave is given to him to withdraw the same and to file an amended report in the premises; whereupon the said Sheriff withdraws said first mentioned report and files his amended report of sale, which is by consent, hereby confirmed & made firm & effectual forever, and said Sheriff is hereby directed to make deed to the purchasers of the property by him sold under the order of sale herein. And, by like consent, Henry A. Clover is hereby appointed a Commissioner of the Court to as certain the present worth of the dower of said Mary E. Rowland in the proceed of said real estate sold by said Sheriff, & to make report thereof with all convenient speed.
The Court met pursuant to adjournment, Present as before.
**Emil Block, et. al. vs. The Steam Boat "Louisville"**
Bond for Release of defendant filed and approved by the Court.
Taylor Blow, who is personally known to the Court, comes into Open Court, and acknowledges the execution by him of a Deed of Emancipation to his slaves, Deed Scott, aged about forty eight years, of full negro blood and color, and Harriet Scott wife of said Dred, aged thirty nine years, also of full negro blood & color, and Eliza Scott a daughter of said Dred & Harriet, aged nineteen years of full negro color, and Lizzy Scott also a daughter of said Dred & Harriet, aged ten years likewise of full negro blood & color.
**Hamilton Bill, et. al. vs. William Dawson, et. al.**
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 said motion be sustained.
**James Andrews. vs. Barney M. Lynch.**
Bill of Exceptions filed.
**Patrick Leahy, et. al. vs. Francis Dugdale's Admr.**
Bill of Exceptions filed.
**James F. Glinn. vs. William E. Sabtmarsh, et. al.**
Second Report of Referees filed.
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**Martin Kerigan. vs. Robert F. Wingate garnishee of Anthony Tiernan.**
On motion of the plaintiff by his Attorney, it is ordered by the Court that said garnishee be discharged at the costs of said plaintiff and that execution issue therefor, said garnishee here in Open Court waives any allowance for answering herein.
**Eliza S. White. vs. Henry White.**
On appearance of the parties herein and waiver by defendant of proof of demand and of non payment of Alimony for two months ending May 20th 1857, it is on motion of said plaintiff by her Attorney, ordered by the Court that execution issue against said defendant for said two instalments of Alimony of Seventy five dollars each with interest from the time they were respectively due together with the costs of this proceeding.
**John Dunn. vs. William Wade.**
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.
**In the matter of John Mc. Laughlin.**
Habeas Corpus.
Now at this day the said Mary Louisa, being brought into Court in compliance with the writ herein, the Court, after hearing the matters herein, doth order she be remanded.
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The Court met pursuant to adjournment. Present as before.
**Thomas J. Kyser. vs. 99. John O'Fallon Jr.**
Demurrer to second Amended Petition filed by leave of Court.
**George D. Little, et. al. vs. R. Shields.**
On motion of the plaintiffs by their Attorney, it is ordered by the Court that a Deorinus issue herein on the part of said plaintiffs to the Territory of Nebraska.
**Nicholas Franck. vs. Franz Nassal.**
On motion of the plaintiff by his Attorney, leave is given him to file an amended Petition herein on or before the first day of the next term of this Court.
**Richard Bouche. vs. Unknown Man B's Admr.**
Bill of Exceptions filed.
**John B. Ghio. vs. George W. Scollay, et. al.**
The Court having duly heard and considered the motion for a new trial, as also the motion in arrest of judgment herein, and being fully advised of and concerning the premises, doth consider and adjudge that said motions be overruled. Bill of Exceptions filed.
**Charles S. Hempstead. vs. Thomas Hempstead's Admr., et. al.**
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 said motion be overruled.
**William L. Reston. vs. Anna M. Reston.**
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.
**James F. Glenn. vs. William E. Saltmarsh, et. al.**
Exceptions to Report of Referees filed.
**Marris B. Mann, et. al. vs. Jacob Benjamin.**
Motion to set aside order requiring now indemnification bond, continued by consent.
**George D. Little, et. al. vs. R. Shields.**
Denial of Interplea filed.
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**Charles Fuhrman. vs. Charles Eberhard.**
The Court having duly heard and considered the 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. Bill of execution filed. Affidavit for appeal filed, and on motion of the defendant by his attorney, an appeal is granted him to the Supreme Court from the judgment herein, and thereupon said defendant files a bond conditioned according to law, for such appeal, which said Bond is approved by the Court.
**Charles Hoffman. vs. Emelia Riehl.**
Bill of exceptions filed. Affidavit for appeal filed, and on motion of the defendant by her attorney, an appeal is granted him to the Supreme Court from the judgment herein, and thereupon said defendant files a Bond, conditioned according to law, for such Appeal, which said Bond is approved by the Court.
**Jane Foster's Admr. vs. Legrand F. Rucker's. Exr.**
Bill of exceptions filed. Affidavit for appeal filed, and on motion of the defendant by his attorney, an appeal is granted him to the Supreme Court from the judgment herein.
**City of Carondelet, vs. Estate of Alexander Desneyer.**
Bill of Exceptions filed. Affidavit for appeal filed, and on motion of the defendant by his attorney, an appeal is granted him to the Supreme Court from the judgment herein.
**John Mathews. vs. Caleb J. Abbott.**
Sci. fa. to revive Judgment.
Answer filed.
And now comes the said plaintiff by N. D. & G. P. Strong, his attorneys, and the said defendant in his own proper person, and it appearing to the Court from inspection of the record of the judgment in said Scire facias mentioned, remaining in this Court, and from the admission of said defendant in his answer to said Scire facias, that there remains due and unpaid upon said judgment the sum of Seven hundred and seventy dollars, debt and interest, and four dollars costs. whereof execution hath not been lived, therefore it is ordered, adjudged and decreed by the Court that said judgment rendered on the twenty third day of January A.D. Eighteen hundred and fifty four, for the sum of Seven hundred and three dollars and fifty cents, and costs, in favor of said John Mathews and against said defendant Caleb J. Abbott, and the lien thereof be and the same is hereby revived, for the sum of Seven hundred and seventy four dollars, and that said plaintiff John Mathews recover of said defendant Caleb J. Abbott, the said sum of Seven hundred and seventy four dollars, and his costs in this behalf expended and have thereof execution.
**James Andrews. vs. Barney M. Lynch.**
Affidavit for appeal filed, and on motion of the defendant by his attorney, an appeal is granted him to the Supreme Court from the judgment herein, and thereupon said defendant files a Bond, conditioned according to law, for such appeal, which said Bond is approved by the Court.
**Julian Gamache. vs. Christian Grimm, et. al.**
Bill of Exceptions filed, Affidavit for appeal filed, and on motion of the defendants by their attorney, an appeal is granted them to the Supreme Court from the judgment herein, and thereupon said defendants file a Bond, conditioned according to law, for such appeal, which said Bond is approved by the Court.
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**Robert M. Barclay, et. al. vs. Daniel Gale.**
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 plaintiffs by their attorney, ordered by the Court that said defendant be notified by the publication according to law of this order in the Missouri Democrat, a newspaper printed in the City of St. Louis, 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 Two hundred and sixty dollars, due upon a promissory note executed by said defendant to said plaintiffs, 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 first Monday in October next, and on or before the second day of said term, answer 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.
**Dred Scott. vs. Irene Emerson.**
On motion of defendants attorney it is ordered that the Sheriff of St. Louis County do render his account to the Court of the wages that have come to his hands of the earnings of the above named plaintiff and that the said Sheriff do pay to the defendant all such wages that now remain in his hands, excepting all commissions and expenses to which the said Sheriff may be legally entitled.
**Theodore L. Mc. Evers. vs. The Steam Boat "Sangamon."**
By consent of parties until the first day of the next term of this Court is given the defendant to file Bill of Exceptions herein.
**Christopher Crone, et. al. vs. John W. Colvin, in the matter of Clarence Brooks, et. al. vs. Crone, Demon & Hatch. to grant such writ.**
Petition for writ of prohibition filed, and the Court, having duly heard and considered the same, and being fully advised of and concerning the premises, doth refuse to grant such writ.
**James E. Yeatman. vs. James A. Yeatman, Angelica C. Yeatman & Charles H. Yeatman, minors, under the age of 21 years.**
Judgment.
This case comes up for hearing on petition and answer and now come the defendants by their guardian ad litem and comes also the plaintiff by his attorney and waiving a jury submit the same to the Court for trial, and the Court having heard the proofs of the respective parties and duly considered the same doth find that the land described in the plaintiff petition as follows to wit" "Situate on the west side of the Bellefontaine Road about one mile northerly from the corporate limits of St. Louis that is to say, Beginning at a stone on the west side of the Bellefontaine Road where the north line of the old Mc. Clanahan tract intersects the Road, thence north 12°, 15' west along the west line of the Bellefontaine Road 320 feet to a stone; thence south 67° 20' West 520 feet to a stone thence South 18° East 319 feet East to a stone near the bottom of a sink hole; thence North 67° 20' East 490 feet to the place of beginning, containing by a survey of the premises at or about the date of said deed three acres and 67/100 of acre, more or less, bounded at that time (to wit, 11th day of march 1843.) on the East by the Bellefontaine Road; on the north by a road extending westerly from said Bellefontaine Road through the premises of Capt. Lewis Bissell; West by lands then of said Bissell, south by the old Mc. Clanahan Tract;" excepting so much thereof as lies between the Eastern Boundary line of the United States Survey No. 3061, confirmed to Benito Vasquez on his legal Representatives and the West line of said Bellefontaine Road:- was since the same was first conveyed to him in trust purchased by the said James E. Yeatman for the sum of six thousand six hundred & thirty six 32/100 dollars, with his own funds. & for the purpose of obtaining a complete & valued title thereto, and that in protecting said property against adverse claims thereto & perfecting the title he expended the further sum of One hundred & forty one 68/100 dollars, which
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is property & reasonably chargeable against said real estate, held by him as Trustee: making the sum total of his disbursements in the premises Six thousand seven hundred and eighty dollars and which was for the benefit of said infant defendants in equal properties: The Court further finds that said Yeatman on the 21st February 1855 was entitled to be credited in the premises with the sum aforesaid so expended by him for the benefit of said defendants, & interest thereon to that date, to wit, the sum total of Seven thousand three hundred and twenty 48/100 dollars (#7320.48) and on that day sold the said described property, and also the portion thereof above excepted as between the east line of survey 3061 aforesaid and the Bellefontaine Road, to Jabish P. Eddy in the Petition mentioned, for the sum of Fifteen thousand dollars, one fifth in cash paid, & the remainder secured by notes bearing interest at six percent, & maturing in sums of three thousand dollars such at one, two, three & four years from said date: and that said sale & also said purchase to perfect the title was beneficial to said infant defendants & ought to be approved: the Court therefore in consideration of the premises, decides, adjudges and decrees that said purchase mentioned in the petition of the adverse Penrose title for the sum of Six thousand six hundred and thirty six 32/100 dollars and expenses in protecting & defending the rights of said defendants amounting to one hundred and forty 68/100 dollars and also said sale to Eddy were reasonable and beneficial to said infants ; and that said Eddy ought to hold and hence forth shall hold & dispose of said real estate & every part thereof free & discharged of said former trust under which the said James E. Yeatman held the same; and said sale by him to Eddy as aforesaid is approved and established forever; and said James E. Yeatman shall retain and appropriate to his own use out of the first proceeds of said sale to Eddy the sum of seven thousand three hundred & twenty 48/100 dollars & interest thereon from the 21st February 1855 until paid, being the amount hereby ascertained & settled as of the date 21st February 1855 to be chargeable against the proceeds of said sale for his lawful and reasonable disbursements for the benefit of said infant defendants in equal propertions: And it is further adjudged ordered and decreed that said plaintiff hold the remainder of the moneys so received or to be received by him from said Eddy an account of said dale as Thruster and under the same provisions and limitations contained in said deed of trust of march 11th 1843 from Sophia C. Collett's Trustee to plaintiff Trustee of Angelica C. Yeatman until. The further the order of this Court. And the costs and expenses of this suit shall also be chargeable against the said remainder of said moneys received or to be received from said Eddy on account of said sale.
Sheriff's Deed James Castello, Esquire, Sheriff of St. Louis country, comes into open Court, and acknowledges the execution by him as sheriff as aforesaid of a deed to David A. Sayer of all the right, title, interest, claim, estate and property of Halation Wood, of, in and to the following described real-estate, viz: Four hundred appends, more or left, in Saint Ferdinand township in the country of Saint Louis: being part of five hundred ardent confirmed to E. Hodges, and bounded as follows: beginning on the Missouri river bank thence south ten degrees, One hundred and ninety rods; thence north eighty seven degrees west, two hundred and thirty eight rods; thence north ten degrees last, two hundred and thirty rods or the Missouri river; thence down the same along as it runs and turns to the beginning:" sold by virtue and under authority of an execution issued in favor of George Kingsland, et. al. against the said Horiatis Woods, et. al. from the office of the clerk of the circuit Court of St. Louis County on the 4th day of December 1856.
Sheriff Deed James Castillo, Equine, Sheriff of St. Louis County, comes into open Court, and acknowledges the execution by him as Sheriff as aforesaid of a deed to Francis H. Manter of all the right, title, interest, claim, estate and property of Jacob Rhodes of in and to the following described real estate, viz: " a lease hold lot commencing at the north eastern corner of Morgan and thirteenth streets; hence eastwardly on Morgan street fifty five feet, hence northwardly and parallel to thirteenth street seventy two feet, hence westward and parallel to Morgan street eighteen feet; hence northwardly and parallel to thirteenth street seventy two feet to gay street; hence westward along gay street thirty seven feet to thirteenth street; hence southwardly along thirteenth one hundred and forty fourt fees, to the place of beginning also, a leasehold lot, south of cafes avenue, fronting thirty feet on the west side of tenth street, being one hundred and twenty seven and one half feet deep, and is the same lot conveyed by the board of public schools by Jacob Rhodes by lease dated October 1847 and recorded in look O No. 6 page 308. of the records of St. Louis of the County." sold by virtue and under authority of an execution issued from the clerk's office.
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of the St. Louis Circuit Court on the 1st April 1857, in favor of William N. White, et. al. and against said Jacob Rhodes.
Sheriff's Deed. James Castillo, Esquire, Sheriff of St. Louis County, comes into open Court, and acknowledge the execution by him as sheriff as aforesaid of a deed to Morris Rosenblatt of all the right, title, interest, claim, estate and property of Julius C. Scripter of in and to the following described real estate via: a certain lot of ground in block numbered one hundred and thirty five, in the city of St. Louis, printing twenty eight feet on sixth street, and running back fifty feet, described as follows: commence at a print which is the south east corner of a building nor occupied by the said sacristies as a grocery stone and leased to him by Sheppard; there westward and parallel with mytle street fifth feet seventhadly, and harallel with Sidth srteet seventy eighty fees; themese easterdly and fanallel with mortal street, fifty feet to sixth street; hence northwardly along the western line of sixth street, twenty eight feet to the place of beginning." sold by virtue and under authority of an execution issued from the office of the clerk of the St. Louis Circuit Court on the 9th December 1856 in favor of Franz Lehue and against said Julius C. Sciutie.
Sheriff's Deed. James Castells, Esquire, Sheriff of St. Louis County, comes into Open Court, and acknowledges the execution by him as Sheriff as aforesaid of a Deed to Hudson E. Bridge of all the right, title, interest, claim, estate and property of Samuel Wainwright, Richard Rowland & Mary E. his wife, Harris Catharine A. & George Wainwright of in and to the following described real estate according to a sub divisional plat of the property in said order mentioned which said plat is filed in the office of the recorder of St. Louis country, to wit "Lot number one: Begin at a point on the western edge of main street, the south east corner of this parcel of ground on the north line of a lot bought by Jean Powel from the widow noise; hence west ward along the south line of this parcel of ground one hundred and fifty two feet eleven inches, more or lefts, to the south east corner of the alley marked A and before described, hence northward along the east line of said alley marked A. twenty one feet, to a point; hence eastward parallel to the south line of this lot one hundred and fifty two feet seven and two third inches, more or lefts, to a point on the west edge of main street ; hence southward along main street, twenty one feet to the point of beginning; bounded north by lot numbered two, to be here after described; east by main street; south by the south line of this parcel of ground and west by the alley marked A. lot numbered two: begin at the north east of lot numbered one on the most edge of main street, hence westward with the north line of said lot numbered one, one hundred and fifty two feet seven and two thirds inches, more or lefts. to the north west corner of said lot numbered one on the eass line of the alley marked w. thence nathand on the eass line of said alley twenty one feet to a first theren; thence eastern and hansllel to the sulth line af this lot, one hundred and fifth two feet seven and two thirds inches more or lefts, to a point on the west edge of main street;hence southward with main street twenty one feet to the point of beginning; bound north by lot numbered three to be hereof her described; east by main street ; south by lot numbered one, and west by the alley marked A. Lot number three; begin at the north east corner of lot numbered two, on the west edge of main street; hence westward with the north line of said lot numbered two, one hundered and fifty two feet four and one third inches, more a lefts, to the north east corner of said lot numbered two, on the east line of the alley marked A; hence northward on the said east line of the alley marked A. twenty one feet to a point thereon; hence eastward parallel to the south line of this lot one hundred and fifty two feet one inch, more or lefts, to a print on the west edge of main street; hence southward twenty one feet with main street to the point of beginning; bounded north by the alley marked Band the lot numbered four, both to be here after described, east by main street, south by lot numbered two and west by the alley marked A" sold by virtue and under authority of an order made by the St. Louis circuit court in the case of Samuel Wainweigh against Richard Rowland & Mary E his wife, Harriet, Catha no A.& George Wainwright.
Sheriff Deed James Castillo, Esquire, Sheriff of St. Louis County, comes into open Court, and acknowledges the execution by him as Sheriff as aforesaid of a deed to Robert W. Hunt & Jailor Blow of all the right title, interest, claim, estate and property of Samuel Wainwright, Richard Rowland & Mary E. his wife, Harriet Catharine A. & George Wainwright of in and to the following described real estate according to a sub divisional plat of the property in said order mentioned which said plat is filed in the office of the
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Recorder of St. Louis County, to wit: "Lot Numbered Four: Begin at the northeast corner of lot numbered three, on the west edge of main street; thence westward with the north line of said lot numbered three, sixty two feet two inches, to a point thereon; thence northward parallel to main street twenty one feet to a point; thence eastward parallel to the south line of this lot sixty two feet two inches, to a point in the west edge of main street; thence southwar with main street twenty one feet to the point of beginning; bounded north by lot numbered five to be here after described, east by main street, south by the lot number three and west by the alley marked B. and the lot numbered six, both to be hereafter described. Lot Numbered Five: Begin at the north east corner of lot numbered four on the west edge of main street; thence northward with main street, twenty eight feet three and one half inches, more or less, to a point in the western edge of main street distant southwardly from the intersection of main and Almond streets twenty three feet; thence westward parallel to Almond street, sixty two feet two inches to a point twenty three feet southwardly from the southern edge of Almond street; thence south and parallel to main street, twenty live but six inches, more or less, to the north west corner of the lot number four; thence eastward with the north line of said lot numbered four, sixty two feet two inches to the point of beginning; bounded north by a line parallel to Almond street and distant twenty three feet southwardly therefrom, eastward by main street, south by lot membered four, and westward by lot numbered six to be hereafter described. Lot Number Six: Begin at a point on the South line of Almond street, sixty two feet two inches westward of te intersection of main and Almond streets; thence southward parallel to main street, fifty nine feet six nches, more or less, to the north east corner of the Alley Marked B: on the west line of the lot numbered four; thence westward with the north line of said Alley Marked B. twenty two feet to a point thereon; thence northward parallel to the east line of this lot fifty eight feet five and one quarter inches, more or less, to a point on the south line of Almond street; thence eastward with the south line of Almond street twenty two feet to the point of beginning; bounded northwardly by Almond street, eastward by lots numbered four and five and a lot at the corner of Main and Almond streets fronting twenty three feet on main street, and running back westward the same width sixty two feet two inches, southward by the Alley marked B. and westward by the lot number seven, to be hereafter described. Lot Number Seven: Begin at the north west corner of lot number six on the south lien of Almond street; thence southward with the west line of said lot number six fifty eight feet five and one quarter inches, more or less, to the southwest corner of said lot numbered six on the north line of the Alley Marked B. twenty two feet to a point thereon, thence northward parallel to the east line of this lot fifty seven feet four and one half inches, more or less, to a point at the south line of Almond street; thence eastward with the said south line of Almond street, twenty two feet to the point of beginning; bounded northward by Almond street, eastward by lot numbered six, southward by the Alley marked B. and westward by the lot numbered eight, to be hereafter described. Lot Number Eight: Begin at the north west corner of lot number seven on the south line of Almond street; thence southward with the west line of said lot numbered seven fifty seven feet four and one half inches, more on less, to the southwest corner of said lot numbered seven on the north line of the Alley marked B. thence westward with the said north line of the Alley marked B. twenty two feet to a point thereon; thence northward parallel to the east line of this lot fifty six feet three and three quarter inches, more or less, to a point with the said south line of Almond street, twenty two feet to the point of beginning; bounded northward by Almond street, eastward by the lot numbered seven, southward by the Alley marked B. and westward by the lot numbered nine, to be here after described. Lot Number Nine: Begin at the north east corner of te lot numbered eight on the south line of Almond street, thence southward with the west line of said lot numbered eight, fifty six feet three and three quarter inches, more or less, to the south west corner of said lot numbered eight, on the north line of the Alley marked B. thence westward with the north line of said Alley marked B. twenty three feet nine and two third inches, more or less, to the intersection of the said north line of the alley marked B. with the east line of the Alley marked A, thence northward with the said east line of the Alley marked A. fifty five feet two inches, more or less, to the south line of Almond street, thence eastward with the said south line of almond street twenty feet nine inches, more or less, to the point of beginning; bounded northward by the south line of Almond street, eastward by the lot numbered eight, southward by the Alley marked B. and westward by the Alley marked A." sold by virtue and under authority of an order made by the St. Louis Circuit Court in the case of Samuel Warmin right against Richard Rowland & Mary E. His
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> Handwritten Page Number on Record Book: 271
wife, Harriet, Catharine A. & George Wainwright.
The Court met pursuant to adjournment, Present as before.
**Richard B. Mason. vs. George Marson.**
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 30th April 1838.
**David M. Shapley. vs. Steam Boat "Henry Lewis."**
Satisfaction.
Now at this day comes said plaintiff by his duly authorized agent and acknowledges to have received full and entire satisfaction of the judgment rendered herein against James B. Eads, principal and William S. Nelson, security, in bond given for release of defendant.
**Joshua W. Owings. vs. John Sigerson.**
Satisfaction.
Now at this day comes and plaintiff in his own proper person and acknowledges to have received full and entire satisfaction of the judgment rendered herein.
**Robert Patterson, et. al. vs. John B. Camden.**
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. Bill of Exceptions filed.
**Charles S. Hempstead. vs. Thomas Hempstead's Admr., et. al.**
Bill of Exceptions filed.
**William Farrell's Admr. vs. James Brennen, et. al.**
Affidavit as to heirship filed, and by leave of Court Mary Farrell widow of said William Farrell, deceased, is made a co-plaintiff herein and enters her appearance as such, and by further leave of Court Esther Farrell, Michael Farrell, Dennis Farrell & Christopher Farrell [are made as plaintiffs ?] minor children of said William Farrell are made co-plaintiffs herein and by Alexander J. P. Garesche, their next friend, enter their appearance as such, and now come the defendants Joseph Larkin & Andrew Larkin [and ?] by their Attorney and enter their appearance to this action, and it appearing to the Court from the affidavit of said plaintiff that the deceased defendant James Brunnen left as his sole heirs & legal representatives his widow already defendant in this cause as the administratrix of said James Brennon and three children all minors & respectively named William Brennon, Mary Ann Brennon & Margaret Brennon, it is therefore on motion of said plaintiff by his Attorney ordered by the Court that a seire facias issue against said infants William, Mary Ann & Margaus
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Brennon, returnable to the next term of this Court this order being ex-parte is subject to all legal exceptions which may be had or taken by the defendants.
**Samuel Wainwright. vs. Richard Rowland, et. al.**
Now at this day come the parties aforesaid by their respective attorneys, and also comes Henry A. Clover, Commissioner of this Court to ascertain the present value of the dower of Mary E. Rowland in the proceed of the Real Estate sold by the Sheriff of St. Louis County, and files his report as such, and by consent and on motion of the parties herein said report is confirmed as firm and effectual forever; and it appearing from said report that the sum of Seven thousand one hundred and fity four dollars and seventy cents is a just and proper sum to be paid to the said Mary E. Rowland and to be received by her, as reasonable satisfaction for the Dower Interest in the premises deducting however from this sum her proportionate share of the costs fo this proceeding: it is therefore ordered by the Court that the Sheriff of St. Louis County do, out of the fund in his hand arising from the sale of the Real Estate herein, pay the said sum of Seven thousand one hundred and fifty four dollars and seventy cents to the said Mary E. Rowland, first deducting therefrom her propertionate share of the costs of this suit, the same to be in full satisfaction of her Dower Interest in the proceed of the Real Estate sold by the Sheriff of St. Louis County under the order of sale herein.
The Court audits and allows an account of James Castello Esquire, Sheriff of St. Louis County, amounting to one hundred and ten dollars and thirty five 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.
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> Handwritten Page Number on Record Book: 273
**State of Missouri County of St Louis**
SS.
Be it remembered that a term of the Circuit Court, held at the City of Saint Louis, within and for the County of St Louis, State of Missouri, on the First Monday, it being the fifth day of October, in the year of our Lord One Thousand Eight hundred and fifty seven, there were present the Honorable James R. Lackland Judge, James Castells, Sheriff and Stephen Rice, Clerk
The Honorable James R. Lackland presented to the Court a commission, with the oath of office endorsed thereon, and it is ordered that the same be entered of record.
The State of Missouri,
To all who shall see these presents, Greeting:
Know ye that, it having been certified to me that James R. Lackland has been duly elected Judge of the Eighth Judicial Circuit of the State of Missouri, Now, therefore, In the name and on behalf of the State of Missouri, &, Hancock Jackson, Governor thereof do hereby commission him Judge of the Eighth Judicial Court aforesaid, and authorize and empower him to discharge the duties of said offices, according to law. In Testimony whereof I have hereto set my hand, and caused to be affixed, the Great Seal of the State of Missouri: One at the City of Jefferson, this Eighteenth day of August in the year of our Lords one thousand eight hundred and fifty seven of the independence of the United States, the eighty second, and of the State of Missouri the thirty seventh [seal ?] H. Jackson. By the Governor. B. F. Massey, Secretary of State.
**State of Missouri County of St Louis**
Act: Be it remembered that on the Twenty sixth day of August in the year of our Lord one thousand eight hundred and fifty seven, personally appeared before me James R. Lackland of the County aforesaid, personally known to one, and made oath as a Judge of Circuit Court of the County of St. Louis aforesaid, he would support the Constitution of the United States and the State of Missouri, and faithfully demean himself in said office of Judge Certified the day and year aforesaid. Stephen Rice, Clerk.
Stephen Rice at this day appoints Leen & Papin a deputy Clerk of this Court, and the said appointment is approved by the Judge, and thereupon the said Leen J Papin taken the oath prescribed by law.
**Thos J Kyser vs John O. Fallon, Jr**
Amended answer filed.
**John B. Henderson vs Edward A. Goodrick, garns**
Interrogationes filed.
**John B. Henderson vs Joseph G. Goodrick, garns**
Interrogationes filed.
**Joseph B. Brigham vs Edwin Ellis, Defendant**
Confession of Judgment. Now at this day comes the said defendant and files his statement, in writing, duly verified by affidavit, whereby he confesses himself in debted to said plaintiff in the sum of One thousand eight hundred and thirteen dollars and twenty-seven cents, and consents that Judgment be rendered against him for said sum. It is, therefore, considered by the Court that the said plaintiff recover of the said defendant the debt 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: 274
**William D. Waters vs Edwin Ellis**
Confession of Judgment. Now at this day comes the 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 sixty nine dollars and sixty five cents, and consents that judgment be rendered against him for said sum. It is, therefore, considered by the Court that the said plaintiff recover of said defendant the debt aforesaid, as confessed, and also his costs and charges herein expended and have thereof execution.
**Haron Kelly, Smith Holloway, Alexander G. Robinson, Thomas C. Robinson and Gabriel Jacob vs George M. Willing and Cecilius Willing**
Confession of Judgment. Now at this day come the said defendants and file their statement in writing, duly verified by affidavit, whereby the confess Judgment in favor of said plaintiffs for the sum of Two hundred and seventy five dollars and sixteen cents. It is, therefore, considered by the Court, that the said plantiffs recover of the said defendants the debt aforesaid, as confessed and also their costs and charges herein expended and have thereof execution.
**Hovthington B. Burton Edward S. Cleveland and James B. Potter vs Michael Abrahams**
Confession of Judgment. Now at this day comes the said defendant and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to the said plaintiffs in the sum of One thousand four hundred and one dollars, and thirty three cents and consents that Judgment be rendered against him for that sum. It is, therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid, as confessed, and their costs and charges herein expended and have thereof execution.
**Howthington B. Button, Edward S. Cleveland and James B. Potter vs Michael Abrahams**
Confession of Judgment. Now at this day comes the said defendant and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to the said plaintiffs in the sum of Four hundred and eleven dollars and five cents, and consents that Judgment be rendered against him for that sum. It is, therefore, considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid, as confessed, and their costs and charges herein expended and have thereof execution.
**Nicholas Wolff, surviving partner of Holffand Tryon vs Michael Abrahams**
Confession of Judcment. Now at this day comes the said defendant and files his statement in writing, duly verified by affidavit, whereby he confessed himself indebted to the said plaintiffs in the sum of Four hundred and thirty five Dollars and five cents and consents that Judgment be rendered against him for that sum. It is, therefore, considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid, as confessed and their costs and charges herein expended and have thereof execution.
**Marrinius Harne, Ephiaim L. Cheever, Frank A Lane vs Stephen A. Cromwell, Curtis A. Cromwell and Caroline J. Cromwell.**
Confession of Judgment. Now at this day come the said defendants and file their statement in writing, duly verified by affidavit, whereby they confess themselves in debted to the said plaintiffs in the sum of one hundred and seventy nine dollars and sixty six cents. It is therefore, considered by the Court that the said plaintiffs recover of the said defendants 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: 275
**George B. Sanderson vs Samuel Myerson**
Confession of Judgment.- Now at this day comes the said defendant and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to the said plaintiff in the sum of Ten Thousand dollars, and consents that judgment be rendered against him for that sum. It is, therefore, considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid, in form aforesaid as confessed, and also his costs and charges herein expended and have thereof execution. By consent the execution is stayed for six months.
**Benjamin F. Edwards vs John Ligerson**
Confession of Judgment.- Now at this day comes the said defendant and files his statement in writing, duly verified by affidavit, whereby he confesses Judgment in favor of the said plaintiff in the sum of One Thousand two hundred and fifty three Dollars and ninety four cents and consents that judgment be rendered against him for that sum, and in favor of said plaintiff. It is, therefore, considered by the Court that the said plaintiff recover of said defendant the sum aforesaid as confessed, and his costs and charges herein expended and have thereof execution. By consent of parties, it is ordered by the Court that the execution herein be stayed twelve months.
**Solomon Smith vs John Sigerson**
Confession of Judgment. Now at this day comes the said defendant and files his statement in writing, duly verified by affidavit, whereby he confesses himself indebted to the said plaintiff in the sum of One thousand six hundred and ten dollars and forty cents and consents that judgment be rendered against him for said sum. It is, therefore, considered by the Court, that the said plaintiff recover of said defendant the sum aforesaid as confessed and his costs and charges herein expended and have thereof execution.
**George G. Presbury and John D. Taylor vs John Sigerson**
Confession of Judgment. Now at this day comes the 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 Thousand and sixty two dollars and ninety cents, and consents that judgment be rendered against him for the said sum. It is, therefore, considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid, as confessed, and also his costs and charges herein expended and have thereof execution. By consent of parties it is ordered that the execution herein be stayed for twelve months.
**William S. Allen vs John Sigerson**
Confession of Judgment. Now at this day comes the said defendant and files his statement in writing, duly verified by affidavit, whereby he confesses that he is indebted to the said plaintiff in the sum of Five hundred and twenty eight dollars and thirty three cents, and consents that judgment be rendered against him for that sum. It is, therefore, considered by the Court that the said plaintiff recover of said defendant the debt the sum aforesaid as confessed and his costs and charges herein expended and have thereof execution. By consent of parties, it is ordered that execution be stayed for twelve months.
**James M. Hughes, Thomas Marshall and George B. Sanderson vs John Sigerson**
Confession of Judgment. Now at this day comes the said defendant 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 ninety dollars and consents that judgment be rendered against him for said sum. It is, therefore, considered by the Court that the said plaintiffs recover of said defendant the debt aforesaid, as confessed, and also his costs and charges herein expended and have thereof execution. By consent of parties the execution herein is stayed for twelve months.
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**Viewer Page 283** (rcdbook1856_26_0282.jpg)
> Handwritten Page Number on Record Book: 276
**Louis Bauman vs Caspar F. Nacker**
Confession of Judgment. Now at this day comes the said defendant and files his satement in writing duly verified by affidavit, whereby he confesses himself indebted to the said plaintiff in the sum of Eleven hundred and seven dollars and sixty cents, and consents that judgment be rendered against him for said sum. It is, therefore, considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as confessed and his costs and charges herein expended and have thereof execution.
**William G. Angell vs Charles Rogers**
The said defendant files an answer herein
**Sarah L. Mortimer, by her next friend George Lewis vs Richard R. Mortimer**
Now at this day comes the said plaintiff by her attorney and files proof satisfacotry to the Court, that the said defendant has been duly notified according to law, of the commencement and general nature of this action
**Thomas H. Hind vs The Bank of the Ohio Life Ins & Trust Co**
Interrogations filed.
**Joel Hourse et al vs Charles Rogers**
The said Difendant files and answer herein.
**Edward Pate vs George D. Moore et al**
The said Defendants George D. Moore and Roofs W. Doyle file an answer herein.
**Halliam Reynolds vs Marthon Reynolds**
The Defendant files an answer herein.
**Thomas Kavanaugh vs John Jones**
The Defendant files an answer herein.
**John F. Mauntel et al vs Jacob Schneider**
The Defendant files an answer herein.
**Peter Gutzmiller vs D. H. Lackmann et al**
Change of Venue. The parties hereto consent to the charge of the venue of this cause to the St Louis Court of Common Pleas, the Court doth, therefore, order that this cause be transferred accordingly, and that the Clerk of this Court make out a full and complete transcript of the record and proceedings herein and deliver the same duly certified to the Clerk of the St Louis Court of Common Pleas.
**Lewis H. Pastin et al vs Henry Bussmeyer**
On application of the said defendant by his attorney the days further time is allowed him do file an answer herein.
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> Handwritten Page Number on Record Book: 277
**Herman Boker et al vs Charles Rogers**
The Defendant files an answer herein.
**Abigail Walther vs Charles F. Walther**
Demurrer to original petition filed and Motion to strike out supplemental petition filed.
**Lorenzo P. Sanger et al vs The North Missouri Rail Road Company**
Motion to strike out cause from the docket filed
**Hatfield Halstead vs Ezra Easterly's gar &c**
Interrogatories filed
**Henry O. Brockling vs Johan Hampeter**
Motion for security for costs filed.
**John H. Stuckiwisch vs C. H. Meyer**
Defendant files an answer herein.
**Nicholas Frank vs Franz Nasal**
Amended petition filed by leave of Court.
**William Farrell's admr vs James Brennan et al**
On motion of the said plaintiff by his attorney, it is ordered by the Court that an alias scire facias issue herein against William, Mary Ann and Margaret Brennan, infant defendants, returnable do the next term of this Court. It is further ordered by the Court that this cause be continued until the next term of this Court.
**Michael Murphy vs Archie Campbell &c**
Dedimus. On motion of the said plaintiff by his attorney, it is ordered by the Court that a dedimus issue herein, on the part of the said plaintiff do the State of Kentucky.
**Joachim Burgard vs Gertrade Burgand &c**
On motion of Gertrude Burgart, by her attorney, it is ordered by the Court that Julius Sauer be, and he is hereby appointed guardian ad litem of Joseph Stricker, infant defendant herein. Whereupon the said Julius Sauer files his consent to act as such guardian ad litem.
**Luther M. Shreeve vs F. M. Ingle**
Amended petition filed.
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**Viewer Page 285** (rcdbook1856_26_0284.jpg)
> Handwritten Page Number on Record Book: 278
The Court met pursuant to adjournment. Present as before.
**Isaac Walker vs Benjamin F. Reasley &c**
The Defendant Benjamin F. Breasley files an answer herein.
**John B. Henderson vs E. H. Goodrick gar &c**
On application of the said garnishee, the time for answering herein is extended until the twenty seventh day of October.
**The Dollars Savings Institution vs John A. Williams et al**
The defendants Scott Whitel an file an answer herein
**State of Missouri, to the use of the Bank of the State of Missouri vs Daniel Emerson and others**
Demurrer filed.
**Joseph C. Ringwalt vs William G. Miller**
Answer filed.
**William H. Thompson &c vs William G. Miller**
Defendant files an answer herein
**The Saint Louis Iron Mountain Rail Road Company vs Lurrie Brischoux**
Dismissal. By consent of parties, it is ordered by the Court that the cause the dismissed at the costs of the said defendant and that execution issue therefor.
**The Saint Louis & Iron Mountain Rail Road Company vs J. D. Gage**
By consent of parties, it is ordered by the Court that this cause to continued until the next term of the Court, at the costs of the said defendant.
**Samuel Kirkman et al vs Thod. D. Dutcher &c gar &c**
Interrogatories filed.
**The Saint Louis & Iron Mountain Rail Road Company vs John Shade**
Dismissal. By consent of parties, it is ordered by the Court that this caused be dismissed at the costs of the said defendant and that execution issue therefor.
**Samuel Howison vs Thomas L. Rives**
The time for answering herein is extended ten days.
**William S. Hillyer vs D. D. Page &c**
The Defendants file an answer herein.
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> Handwritten Page Number on Record Book: 279
**Sewall G. Mack vs Danl. D. Page &c**
The defendants file an answer herein.
**Peter W. Causier vs Danl. D. Page &c**
The defendants file an answer herein.
**John Lourie vs Danl. D. Page &c**
The defendants file an answer herein.
**William G. Blackwood vs Daniel D. Page &c**
The defendants file an answer herein.
**Reuben C. Mc Cord &c vs Danl D. Page &c**
The defendants file an answer herein.
**Joseph Dehard vs Danl D. page &c**
The defendants file an answer herein.
**Luther C. Clerk. vs John Maguire**
Dismissal. On motion of said plaintiff by his attorneys, it is ordered by the Court that this cause be dismissed, and that the said plaintiff pay the costs of this proceeding and that execution issue therefor.
**John C. Powell vs A. Rice et al**
The said defendant John Sigerson files an answer herein.
**John C. Loory vs Anapias Rice &c**
The said defendant John Sigerson files an answer herein.
**Augustus F. Shapleigh vs John Sigerson et al**
The said defendants file an answer herein.
**George B. Murray vs Anapias Rice et al**
The said defendant John Sigerson files an answer herein
**Henry O. Brockling vs Johan Kampeter**
Motion for Security for costs filed.
**John P. Moore &c vs Thos. J. Albright et al**
The defendants file an answer herein.
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**Viewer Page 287** (rcdbook1856_26_0286.jpg)
> Handwritten Page Number on Record Book: 280
**Peter Henderly &c vs Philip D. Gordon &c**
The said Defendants file an answer herein.
**George Shillit vs J. D. Gordon &c**
The said defendants come and file an answer herein
**Robert Stevens vs Brainard Milion &c**
The said defendant comes and files a motion for security for costs herein.
**James C. Walker vs George C. Presbury**
The defendant files an answer herein.
**The Saint Louis & Iron Mountain R.R.Co vs Benjamin Deslisle, Defendant**
The said defendant files an answer herein.
**Mary Dawes vs Jacob Pernreuther &c**
The said defendants file a Demurrer and a motion for security for costs herein.
**Kate Daves vs Jacob Pernreuther &c**
The said defendants come and file a demurrer and a motion for security for costs.
**State of Missouri so the use of Stanton vs Daniel Emerson, Granville Kimball and James G. Sanger.**
The said Defendants file a demurrer herein.
**Georgee W. Cline &c vs Samuel S. Brainard &c**
The said defendant Samuel S. Brainard files an answer herein.
**John Nagel vs Joseph Hackmann**
The said defendants file an answer herein
**Ioachim Burgart vs Gertrude Burgart &c**
The said Defendants come and file an answer herein
**The Dollars Savings Institution vs John A. Williams &c defendants**
The said defendants John A. Williams, Benjamin P. Beasley and Scott Whitelam file separate answers herein.
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> Handwritten Page Number on Record Book: 281
**John L. Greswald vs Danl D. Page &c**
The defendants come and file an answer herein.
**Reuben C. McCord &c vs Danl. D. Page &c**
The said defendants come and file an answer herein.
**I. Gross vs Danl. D. Zage &c**
The defendants come and file an answer herein.
**Isidore Riseranger vs Daniel D. Page &c**
The said defendants come and file an answer herein.
**Richard Bird vs Daniel D. Page &c**
The said defendants come and file an answer herein
**Martin A. Howell vs Daniel D. Page &c**
The said defendants come and file an answer herein
**William R. Janeway &c vs Daniel D. Page &c**
The said defendants come and file an answer herein.
**John J. Shortridge vs Daniel D. Page &c**
The said defendants come and file an answer herein
**Robert A. Pearis vs Daniel D. Page &c**
The said defendants come and file an answer herein.
**John C. Hays &c vs Daniel D. Page &c**
The said defendants come and file an answer herein.
**Meretith Martin vs Daniel D. Page &c**
The said defendants come and file an answer herein.
**Joseph Charless vs Daniel D. Page &c**
The said defendants come and file an answer and offset herein.
**Rufus C. Walborn vs Daniel D. Page &c**
The said defendants come and file an answer herein.
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> Handwritten Page Number on Record Book: 282
**William G. Blackwoods vs Daniel D. Page &c**
The said defendants come and file an answer herein Demurrer to the first allegation of petition filed.
**Henry C. Wright vs Daniel D. Page &c**
The said defendants come and file an answer herein.
**John A. Twiss vs Daniel D. Page &c**
The said defendant come and file an answer herein.
**William S. Moore et al vs Daniel D. Page et al**
The said defendants come and file an answer herein.
**Henry Sheppard et al vs Danl. D. Page et al**
The said defendants come and file and answer herein
**Jonathan Ellis et al vs Danl. D. Page et al**
The said defendants come and file an answer herein.
**Robert Holmes et al vs Danl. D. Page et al**
The said defendants come and file an answer herein.
**John Wolfe &c vs Danl. D. Page &c**
The said defendants come and file an answer herein
**The Bank of the pate of Missouri vs Edwin R. Mason et al**
The said defendants come and file an answer herein.
**Robert Holmes et al vs Daniel D. Page & al**
The said defendants come and file an answer herein.
**John Bleakley vs Daniel D. Page et al**
The said Defendants come and file an answer herein.
**Neree Vallie, surving partner &c vs Daniel D. Page et al**
The said defendants come and file an answer herein.
**George Todd et al vs Danl. D. Page et al**
The said Defendants come and file an answer herein.
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> Handwritten Page Number on Record Book: 283
**Edward Mills et al vs Daniel D. Page et al**
The said defendants come and file an answer herein.
**Franklin Field vs Daniel D. Page et al**
The said defendants come and file an answer and counter claim herein.
**Oscar A. Bngham et al vs Daniel D. Page et al**
The said defendants come and file an answer herein.
**Xerxes K. Stout vs Danil D. Page &c**
The said defendants come and file an answer herein.
**James J Mix vs Danl. D. Page & al**
The said defendants come and file an answer herein.
**William C. Gobbs vs Daniel D. Page & al**
The said defendants come and file an answer herein.
**State of Missouri to use of Inslee vs August Reipochlager & al**
The said defendants come and file an answer herein.
**Sheridan C. Hunt & al vs Robert Carlan & al**
On motion of plaintiffs by their attorney, it is ordered by the Court that the Sheriff amend his return in this cause. Amendment made.
**The Keokuck Packet Company vs The Steam Boat William Nelson**
The said defendants come and file an answer herein.
**John J. H. Vogl & al vs Charles F. Baker & al**
The said defendants come and file an answer herein.
**James H. Comfort, admr &c vs Charles F. Baker &c**
The said defendants come and file an answer herein.
**Richard J. Lockwood & al vs Charles F. Baker & al**
The said defendants come and file an answer herein.
**Joseph Farrell vs John Halliday &c**
The said defendants Frances Saler files an answer herein
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> Handwritten Page Number on Record Book: 284
**joseph Farrell vs John Holliday & al**
The said defendant Francis Mayer comes and files an answer herein.
**James M. McCullough vs William A. Nelson &c**
The said defendant William A. Wilson comes and files an answer herein.
**Stephen Haskell & al vs Charles W. Hebert & al**
The said defendants Derral & Pomray come and file an answer herein
**Joseph A. Piner & al vs Henry T. Darrah &c**
The said defendants Darrah Pomray come and file an answer herein.
**Joseph Farrell vs Frederick Picker & al**
The said defendants come and file an answer herein
**John C. Ivory (No 301) vs Ferdinand Vandermale &c**
The said defendants come and file an answer herein.
**John C. Ivory (No 302) vs Ferdinand Vandermale**
The said defendants come and file an answer herein
**George B. Murray vs Thomas Bower &c**
The said defendant Francis Mayer files an answer herein.
**George B. Murray vs John Halliday &c**
The said defendant Francis Mayer files and answer herein.
**William P. Copperthwarth vs William Thomas**
The said defendant comes and files an answer herein.
**Mark Tenmson vs G. G. Tozzer et al**
The said defendants come and file an answer herein.
**Stephen Haskell & al vs John Segerson & al**
The defendants come and file an answer herein.
**Stephen Haskell & al vs John Sagerson & al**
The defendants come and file an answer herein
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**Viewer Page 292** (rcdbook1856_26_0291.jpg)
> Handwritten Page Number on Record Book: 285
**Stephen Haskell & al vs John Sigerson**
The said defendant comes and files an answer herein.
**Stephen Haskell & al vs John Sigerson & al**
The said defendants come and file an answer herein.
**John B. Ghir vs John Sigerson & al**
The said defendants come and file an answer herein
**Oliver Green vs John Sigerson &c**
The said defendants come and file an answer herein.
**James A. Monks vs John Sigerson & al**
The said defendants come and file an answer herein.
**John Mc Dowell vs John Sigerson & al**
The said defendants come and file an answer herein.
**George Smizer vs William C. Taylor**
The said defendant comes and files an answer herein.
**James H. Comfort, administrator of Harrington vs Charles F. Baker, James Moore & al**
The said defendants come and file an answer herein.
**The Kirkwood Assceration vs Thomas Walsh**
The defendant files an answer herein.
**John C. Ivory vs Anapiux Rice & al**
The defendant John Sigerson files an answer herein
**The Merchants and Manufacturers saving Institution vs John Halliday, Francis Mayer and. J. W. Seabert**
The defendant Francis Mayer files an answer herein.
**John Roy & al vs John Holliday & al**
The said defendant Francis Mayer files an answer herein.
**George F. Pollard vs Thomas Bower & al**
The Defendants Francis Mayer and and Francis Saler come and file an answer herein.
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**Viewer Page 293** (rcdbook1856_26_0292.jpg)
> Handwritten Page Number on Record Book: 286
**The Saint Louis and Iron Mountain R. R. Co vs John Sigerson and William Sigerson**
The said defendants come and file an answer herein.
**John C. Powell vs A. Rice & al**
The Defendants file an answer herein
**George B. Murray vs John Halliday & al**
The defendants Francis Mayer comes and files an answer herein.
**Emanuel Dc Hudeamain & vs John Holliday & others**
The defendant Francis Mayer files an answer herein
**James Sigerson vs Nicholas L. Hornsley & al**
It is ordered by the Court, by consent of parties that this cause be continued until the next term of this Court.
**Horman Cutter vs Wm Waddingham & al**
Now at this day comes the plaintiff and suggests the deaths of Mc Clemens and Bryan Mullamphy and also that of William Waddingham and the same is not denied. On motion of said plaintiff it is ordered by the Court that a unit of serie facias issue in this behalf to being in the legal representatives of the parties so deceased, returnable to the next term of this Court.
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**Viewer Page 294** (rcdbook1856_26_0293.jpg)
> Handwritten Page Number on Record Book: 287
The Court met pursuant to adjournment. Present as before.
**John J. Anderson, Reuben L. Anderson and Eratus H. Gaylord vs Daniel Shattuck and Julius J. Hebert**
On Note.- Now at this day come the said plaintiffs by their attorney, and on his motion, it is ordered that this cause be dismissed as to the said defendant Julius J. Hebert. But the said other defendant although duly summoned and called comes not, 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 the said plaintiffs in the sum of Five hundred and forty four dollars and thirty cents. It is, therefore, considered by the Court that said plaintiffs recover of the said defendant the sum aforesaid form aforesaid, and their costs and charges herein and have thereof execution.
**The Bank of the State of Missouri vs John Halliday and others**
The said defendant Henry W. Heisterhagen comes and files an answer herein.
**Robert Holmes, Samuel Turner and John H. Dickey vs Joseph C. Parks and Peter S. Schuyler**
On Note.- 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 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 upon which this action is founded that said defendants are indebted to the said plaintiffs in the sum of One thousand three hundred and forty one dollars and forty five cents. It is, therefore, considered by the Court that said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found, and their costs and charges herein and expended and have thereof execution.
**The Saint Louis Lumbermen and Mechanies Insurance Company vs William H. Keller, Charles D. Lynch and William A. Lynch**
On Note.- 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 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 this cause is $$Word$$tted to the Court, and the Court having duty heard and enaidered the same, doth find from the instrument of writing upon which this action is founded that said defendants are indebted to the plaintiff in the sum of Five hundred and twenty seven dollars and ten cents. It is, therefore, considered by the Court that said plaintiff recover of the said defendants the sum aforesaid in form aforesaid and its costs and charges herein and expended and have thereof execution.
**Louis C. Garnier vs John Holliday &c**
The said Defendant Henry H. Heisterhagen comes and files an answer herein.
**Eugene Isacard & al vs A. M. Mitchell**
The said Defendant comes and files an answer herein.
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**Viewer Page 295** (rcdbook1856_26_0294.jpg)
> Handwritten Page Number on Record Book: 288
**John Holff and John J. Hoppe vs Joseph Kreuzinger.**
On Note.- 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 the plaintiff waiving a Jury this cause is submitted 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 the said plaintiffs in the sum of Three hundred and twenty two and forty cents. It is, therefore considered by the Court that that the said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as found and their costs and charges herein and expended and have thereof execution.
**Augustus Mc Dowell vs Joseph Mc Entire, Alhambra Reeder and John Mc Cloy**
On Note.- 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 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 plaintiffs waiving a Jury this cause is submitted 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 the said plaintiffs in the sum of Four hundred and fourteen dollars and forty six cents. It is, therefore, considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid as found, and his costs and charges herein and expended and have thereof execution.
**William C. Watts vs Richard S. Raymond William O. Wolf and William E Saltmarsh**
On Note.- Now at this day come the said plaintiffs 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 said plaintiff be taken as confessed against said defendants, and the plaintiff waiving a Jury this cause is submitted 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 defendants are indebted to the said plaintiff in the sum of Two hundred and twelve dollars and sixteen cents. It is, therefore, considered by the Court that said plaintiff recover of the said defendants the sum aforesaid in form aforesaid as found and his costs and charges herein and expended and have thereof execution.
**Silas Potter, William H. Elder and Lewis W. Nute vs William M Murtry and John A. M Clelland**
On Note.- Now at this day come the said plaintiffs by their attorney bond on his motion it is ordered by the Court that this cause be dismissed as to the said defendant John A. McClelland, But the said other 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 this cause is submitted 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 in debted to the said plaintiffs in the sum of One thousand four hundred and three dollars and fifty nine cents. It is, therefore, considered by the Court, that said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as found and their costs and charges herein expended and have thereof execution.
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**Viewer Page 296** (rcdbook1856_26_0295.jpg)
> Handwritten Page Number on Record Book: 289
**James B. Sickles vs Levento Mills and William D. Baskett**
On Note.- 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 plaintiff by hid 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 the said plaintiff in the sum of Two hundred and ten dollars and seventy two cents. It is, therefore, considered by the Court that said plaintiff recover of the said defendants the sum aforesaid in form aforesaid as found and his costs and charges herein and expended and have execution therefor
**Benjamin M. Runyan, Daniel Hillman, George W. Hillman and Charles E. Hillman vs Ira S. Field and Franklin Field**
On Note.- Now at this day come the said plaintiffs by their attorney, on down motion of said plaintiffs' attorney this cause is dismissed as to the said Ira P. Field, And the said Franklin Field 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 defendants as confessed, And the plaintiff waiving a Jury this cause is submitted 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 the said plaintiffs in the sum of Four hundred and thirty seven dollars and twenty five cents. It is, therefore, considered by the Court that said plaintiffs recover of the said defendants the sum aforesaid as found and their costs and charges herein expended and have thereof execution.
**Neice Valle, Surviving Partner of Chouteau Valle vs William M. Belcher and Charles Belcher**
On Note.- Now at this day come the said plaintiff by their attorney, but the said defendants although duly summoned and called come not, Wherefore on motion of said plaintiff by his attorney, it is ordered by the Court that the petition of the plaintiffs be taken against said defendants as confessed, and the plaintiff waiving a Jury this cause is submitted 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 defendants are indebted to the said plaintiff in the sum of Fourteen hundred and seventy nine dollars and fifty seven cents. It is therefore, considered by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid and his costs and charges herein and expended and have thereof execution.
**James H. Lucas, Henry L. Patterson Henry S. Turner, Robert N. Nisbett and William T. Sherman vs Ezra O. English and Charles Gilpin**
On Note.- 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 said plaintiffs be taken against said defendants as confessed, and the plaintiff waiving a Jury this cause is submitted to the Court, and the Court having duly heard and considered the same doth find that the said defendants are indebted to the said plaintiffs in the sum of Two Thousand five hundred and eighty-four dollars and fifty eight cents. It is, therefore, considered by the Court that said plaintiffs recover of the said defendants the sum aforesaid, in form aforesaid as found and their costs and charges herein and expended and have thereof execution.
**Mary J. Shultz vs Alexander M. Mitchell**
The said Defendant comes and files an answer herein.
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**Viewer Page 297** (rcdbook1856_26_0296.jpg)
> Handwritten Page Number on Record Book: 290
**John B. S. Lemoine vs Augustus Kheinheimer**
On Note.- Now at this day come the said plaintiffs by their attorney, but said defendants although duly summoned and called comes not but make default, Wherefore, on motion of said plaintiff by his attorney his petition is taken against said defendant as confessed, Whereupon, on motion of said plaintiff by his attorney this cause is submitted to the Court, and the Court having duly heard and considered the same and being thereof fully advised doth find from the instrument of writing on which this action is founded that said defendant is indebted to the said plaintiff in the sum of Six hundred and thirteen dollars and sixteen cents. It is, therefore, considered by the Court that said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and his costs and charges in this behalf expended and have thereof execution.
**James H. Lucas, Henry L. Patterson, Henry S. Turner Robert N. Nesbit and William T. Sherman vs Abram Wood**
On Bill of Exchange. Now at this day come the said plaintiffs by their attorney but said defendant although duly summoned and called comes not wherefore, on motion of said plaintiffs by their attorney their petition against said defendant as confessed. Wherefore on motion of said plaintiffs by their attorney this cause is submitted to the Court, and the Court having duly heard and considered the same, and being thereof fully advised, doth find from the instrument of writing on which this action is founded that said defendant is indebted to the said plaintiffs in the sum of One thousand two hundred and ninety three dollars and sixty cents. It is, therefore, considered by the Court that said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as found and their costs and charges herein expended and have thereof execution.
**James H. Lucas, Henry L. Patterson, Henry S. Durner, Robert N. Nisbet and William T. Sherman vs Zachariah Moore, Joseph Moore James A. Felps and David B. McCullough.**
On Note.- Now at this day come the said plaintiffs by their attorney and on his motion, it is ordered by the Court that this cause be dismissed as to the said defendant James A. Gelps, but the other said defendants although duly summoned and called come not, but make default, wherefore, on motion of said plaintiffs by their attorney this cause in submitted to the Court, and the Court having duly heard and considered the same, and being thereof fully advised doth find from the instrument of writing on which this action is founded that said defendants are indebted to the said plaintiffs in the sum of Five hundred and thirty nine dollars and tweny four cents. It is, therefore, considered by the Court that said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and their costs and charges herein expended and have thereof execution.
**James H. Lucas, Henry L. Patterson Henry S. Turner, Robert N. Nisbet and William T. Therman vs Francis Dudgel, Hm P. Fenn and Charles L. Hunt.**
On Note.- Now at this day come the said plaintiffs by their attorney and on his motion, it is ordered by the Court that this cause be dismissed as to the said Francis Dugdel and Charles L. Hunt, but the said other defendant although duly summoned and called come not but makes default, wherefore, on motion of said plaintiffs by their attorney this cause is submitted to the Court, and the Court having duly heard and considered the same and being thereof fully advised, doth find from the instrument of writing on which this action is founded that said defendant is indebted to the said plaintiffs in the sum of Three hundred and forty eight dollars and forty five cents. It is, therefore, considered 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 have thereof execution.
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**Viewer Page 298** (rcdbook1856_26_0297.jpg)
> Handwritten Page Number on Record Book: 291
**James H. Lucas, Henry L. Patterson Henry L. Turner, Robert N. Nishet and William T. Sherman vs John Murphy, Daniel Byrne and Alram Wood**
On Note.- Now at this day come the said plaintiffs by their attorney, but said defendants although duly summoned and called comes not, but makes default, Wherefore, on motion of said plaintiffs by their attorney their petition is taken against said defendant as confessed. Whereupon, on motion of said plaintiffs by his attorney this cause is submitted to the Court, and the Court having duly heard and considered the same and being thereof fully advised doth find from the instrument of writing on which this action is founded that said defendants are indebted to the said plaintiffs in the sum of Two-hundred and thirty eight dollars and twenty five cents. It is, therefore, considered by the Court that said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and his costs and charges herein expended and have thereof execution.
**James H. Lucas, Henry L. Patterson Henry S. Turner, Robert N. Nisbet and William T. Sherman vs Isaac Chauncey Cable, Anthony H Menkins, Deiderick B. Menkins and Joseph C. Barlow.**
On Note:- Now at this day come said plaintiffs by their attorney and on his motion it is ordered by the Court that this cause be dismissed as to the said defendant Isaac Chauncey Cable but the said other defendants, although duly summoned and called come not, but make default, wherefore, on motion of said plaintiffs by their attorney this cause is submitted 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 defendants are indebted to the said plaintiffs in the sum of Three hundred and forty five dollars and forty-two cents.
**James H Lucas, Henry L. Patterson Henry S. Turner, Robert N. Nisbet and William T Sherman vs Lachariah Moore, Joseph Moore and David T. M Cullough**
On Bill of Exchange.- 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 this cause is submitted to the Court and the Court having duly heard and considered the same and being thereof fully advised, doth find from the instrument of writing on which this action is founded that said defendants are indebted to the said plaintiffs in the sum of Three-thousand Four-hundred and [fourteen ?] nineteen dollars and ninety cents. It is, therefore, considered by the Court that said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and their costs and charges herein expended and have execution therefor.
**John C. Ivory vs Federinand Welcker, John Halliday and John W. Seubert**
On Note.- Now at this day comes the said plaintiff by their attorney, but the said defendants although duly summoned and called comes not, wherefore, on motion of said plaintiff by his attorney this cause is submitted to the Court, and the Court having duly heard and considered the same and being thereof fully advised doth find from the instrument of writing on which this action is founded that said defendants are in debted to the said plaintiff in the sum of Three Hundred and sixteen dollars and fifty cents. It is, therefore, considered by the Court that said plaintiff recover of the said defendants the sum aforesaid in form aforesaid as found and his costs and charges herein expended and that he have thereof execution.
**Isiah Richards vs Robert E. McCarthy**
On Note.- 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 the Court doth order the petition of said plaintiff be taken against him as confessed, and thereupon the plaintiff 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 seventy three dollars and ninety cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid as found and his costs and charges hereinexpended and have execution therefor.
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**Viewer Page 299** (rcdbook1856_26_0298.jpg)
> Handwritten Page Number on Record Book: 292
**Benjamin Licher vs A. S. Meyers**
Confession of Judgment.- Now at this day comes the said plaintiffs by his attorney, and files a statement of the said defendant in writing, duly verified by affidavit, whereby it appears he confesses Judgment in favor of said plaintiff in the sum of Four hundred and thirteen dollars and thirty five cents, and consents that Judgment may be entered up against him for said sum. It is, therefore, considered by the Court that said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as confessed and his costs and charges in this behalf expended and have thereof execution.
**Thornton Grimsley, George L. Stansbury and John J. Grimsley vs John Sigerson**
Confession of Judgment.- Now at this day comes the said defendant and files a statement in writing, duly verified by affidavit whereby he confesses himself indebted to the said plaintiffs in the sum of Five hundred and twenty dollars, and consents that Judgment may be entered up against him for said sum. It is, therefore, considered by the Court that said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as confessed and their costs and charges herein expended and have thereof execution.
**George Smizer vs John Sigerson**
Confession of Judgment.- Now at this day comes the said defendant and files a statement in writing, duly verified by affidavit, whereby it appears that he confesses himself indebted to the said plaintiff in the sum of Five thousand and ninety six dollarsand four cents and consents that Judgment may be rendered against him for that sum. It is, therefore, considered 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.
**Edward V. Bryan, Addison L Hardcastte and George I. Hardcastte vs John Brown**
On Note.- 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 this cause is submitted to the Court, and the Court having duly heard and considered the same and being thereof fully advised doth find from the instrument of writing on which this action is founded that said defendant is indebted to the said plaintiffs in the sum of One thousand seven hundred and fifty seven dollars and twenty three cents. It is, therefore, considered by the Court that said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid and their costs and charges herein expended and have execution therefor.
**William C Jomison vs Robert W. Hunt**
On Note.- Now at this day comes the said plaintiff in his own proper person, but the said defendant although duly summoned and called comes not, but makes default, wherefore, on motion of said plaintiff this causes is submitted to the Court, and the Court having duly heard and considered the same and being thereof fully advised, doth find from the instrument of writing on which this action is founded that the said defendant is indebted to the said plaintiff in the sum of Four thousand eight hundred and thirty three dollars and sixty cents. It is, therefore, considered by the Court that said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and his costs and charges herein expended and have execution therefor.
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**Viewer Page 300** (rcdbook1856_26_0299.jpg)
> Handwritten Page Number on Record Book: 293
**Charles Whitmore, Wesley Jr. Alkire and Josiah Alkire vs Green Chitwood and Levy L. Ashbrook and Levy L. Hehbrook, garnishee**
On Note.- Now at this day come the said plaintiffs by their attorney, but said defendant Grear Chitwood although duly notified and called comes not, but makes default, Wherefore, on motion of said plaintiffs by their attorney this cause is submitted 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 the said plaintiffs in the sum of Four hundred and nineteen dollars and thirty five cents. It is, therefore, considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as found and their costs and charges herein expended and have thereof execution.
**John Foy vs John Halliday, Ferdinand Welker and John W. Seubert**
On Note.- Now at this day come the said plaintiffs by their attorney, but the said defendants although duly summoned and called comes not, Wherefore, on motion of said plaintiff by his attorney this cause is submitted to the Court, and the Court having duly heard and considered the same, and being thereof fully advised doth find from the instrument of writing on which this action is founded that said defendants are indebted to the said plaintiff in the sum of Three hundred and sixty nine dollars and fifty five cents. It is, therefore, considered 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 have execution therefor.
**Thomas Green vs William Fulton and Charles L. Hunt**
On Note.- On motion of said plaintiff by their attorney, it is ordered by the Court that this cause be dismissed as to the said William Fulton, but the said other defendant although duly summoned and called comes not, but makes default, wherefore, this cause is, on motion of said plaintiff by his attorney submitted to the Court, and the Court having duly heard and considered the same, and being thereof fully advised doth find from the instrument of writing on which this action isfounded that said defendant is indebted to said plaintiff in the sum of Five hundred and seventy three dollars and fifty five cents. It is, therefore, considered by the Court that said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and his costs and charges herein expended and have thereof execution.
**William Skrainka vs Richard Ivers**
On Note.- 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 this cause is submitted to the Court, and the Court having duly heard and considered the same, and being thereof fully advised, doth find from the instrument of writing on which this action is founded that said defendant is indebted to the said plaintiff in the sum of Two-hundred and twelve dollars and fifty cents. It is, therefore, considered by the Court that said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and his costs and charges herein expended and have thereof execution.
**Peter H. Berthold, Alfred C.Bernoudy and Maklot Thomson vs Wilson A. Charleville**
On Note.- 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 this cause is submitted to the Court, and the Court having duly heard and considered the same, and being thereof fully advised 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 sixty four dollars and forty one cents. It is, therefore considered 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 have thereof execution.
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**Viewer Page 301** (rcdbook1856_26_0300.jpg)
> Handwritten Page Number on Record Book: 294
**Alfred M. Waterman vs Frederick Bartold**
On Notes.- Now at this day comes said plaintiff by his attorney, but the said defendant although duly summoned and called comes not, Wherefore, on motion of said plaintiff by his attorney this cause is submitted to the Court, and the Court having duly heard and considered the same, and being thereof fully advised doth find from the instruments of writing upon which this action is founded that said defendant is indebted to the said plaintiff in the sum of Four-hundred and sixty two dollars and fifty cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as found and his costs and charges herein expended and have thereof execution.
**Louis A. Benrist vs Joseph H. Oglesly**
On Note.- Now at this day comes 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 this cause is submitted to the Court, and the Court having duly heard and considered the same doth find from the instruments of writing, upon which this action is founded that said defendant is indebted to the said plaintiff in the sum of Four-hundred and five five hundred and seventy dollars and ten cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as found and his costs and charges herein expended and have execution therefor.
**Andrew S. Barada vs Welham P. M. Clure**
On Note.- Now at this day comes said plaintiff by his attorney, but the said defendant although duly summoned and called comes not but make default, Wherefore, on motion of said plaintiff this case is submitted 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 the said plaintiff in the sum of Two-hundred and thirty five dollars and seventy six cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid and his costs and charges herein expended and have thereof execution.
**Stephen Haskell and James M Franciscus vs John Holliday, Ferdinand Welcker and Samuel Myerson**
On Note.- Now at this day comes said plaintiff by their attorney but the said defendant although duly summoned and called comes not, Wherefore, on motion of said plaintiffs by his attorney this cause is submitted 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 defendants are indebted to the said plaintiffs in the sum of Five-hundred and twenty three dollars and seventy 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 their costs and charges herein expended and have thereof execution.
**Stephen Haskell and James M. Franicecus vs Charles W. Hebyrt, Henry J. Darral, Chester W. Pomray & Samuel Myerson**
On Note.- On motion of said plaintiffs by their attorney it is ordered by the Court that this cause be dismissal as to the said defendant Charles W. Herbert, But the said other defendants although duly summoned and called come not but make default, wherefore on motion of said plaintiffs by their attorney their petition is taken against said defendants as confessed.
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**Viewer Page 302** (rcdbook1856_26_0301.jpg)
> Handwritten Page Number on Record Book: 295
**Francis Hoskins, Coleen Heiskell James F. Heiskell and Thomas S. Young vs. John W. Miller**
On Note.- Now at this day come said plaintiffs by their [respective ?] attorney but the said defendant although duly summoned and called comes not therefore on motion of said plaintiffs by their attorney their petition is taken against said defendant as confessed, and thereupon, on motion of said plaintiffs by their attorney this cause is submitted to the Court, and the Court having duly heard and considered the same and being thereof fully advised doth find from the instrument of writing upon which this action is founded that that said defendant is indebted to said plaintiff in the sum of One thousand and sixty eight dollars and eighty six cents. It is therefore, considered 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 have thereof execution.
**Edward V. Bryan, Addison L. Hardcastle and George T. Hardcastle vs Frederick W. G. Bolms**
On Note.- Now at this day come 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, their petition is taken against said defendant as confessed. Thereupon, on motion of said plaintiffs by their attorney this cause is submitted 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 plaintiffs in the sum of Four hundred and seventy four dollars and ninety cents. It is therefore, considered 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 have thereof execution.
**S. K. Price vs. Francis Hoffleman**
On Note.- Now at this day come 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 his petition is taken against said defendant as confessed, Thereupon, on motion of said plaintiff by their attorney this cause is submitted to the Court, and the Court having duly heard and considered the same, and being thereof fully advised 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 forty eight dollars and seven cents. It is, therefore, considered 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 have execution therefor.
**Nathaniel H. Burtis, Henry W. Jones and Abraham Brutis Jr vs. Thomas Noonan**
On Note.- Now at this day come 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, their petition is taken against said defendant as confessed, thereupon, on motion of said plaintiffs by their attorney this cause is submitted 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 plaintiffs are entitled to recover of said defendant the sum of Twelve hundred and eighty five dollars and nine cents. It is, therefore, considered by the court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found and their costs and their charges herein expended and have execution therefor.
**Michel Bourgeon vs. John W. Seubert, Thomas Bower and Wm Fenner**
Dismissal.- On the motion of said plaintiff by his attorney, it is ordered by the Court that this cause be dismissed as to the said defendant Thomas Power.
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**Viewer Page 303** (rcdbook1856_26_0302.jpg)
> Handwritten Page Number on Record Book: 296
**Edmund Willets, Joseph Willets and Solomon S. Jackson vs. Thomas Noonan**
On Note.- Now at this day come 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, their petition is taken against said defendant as confessed thereupon, on motion of said plaintiffs by their attorney this cause is submitted to the Court and upon the pleadings and proofs, and the Court having duly heard and considered the same, and being thereof fully advised, doth find from the instrument of writing upon which this action is founded that said defendant is indebted to said plaintiffs in the sum of Fourteen hundred and ninety dollars. It is therefore, considered by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid and their costs and charges herein expended and have thereof execution.
**Robert Lee Dawson Bertraud Clover and James E. Maxwell vs Thomas Noonan**
On Note.- Now at this day come 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 their petition is taken against said defendant as confessed and the plaintiffs by their attorney, thereupon submit 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 plaintiffs in the sum of Seventeen hundred and fifty-one dollars and thirty seven cents. It is therefore, considered by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid and their costs and charges herein expended and have execution there for.
**William Stearns, Jubey S. Ryan & James D. Hutchinson vs Edwin Ellis, and James Hutton**
On Note.- Now at this day come said plaintiffs by their attorney, but they said defendants although duly summoned and called comes not but make default, Wherefore on motion of said plaintiffs by their attorney, their petition is taken against said defendant as confessed and the plaintiffs by their attorney thereupon submit this cause to the Court and the court having duly heard and considered the same and being thereof fully advised, doth find from the instrument of writing upon which this action is founded that said defendant are indebted to said plaintiffs in the sum of Eleven hundred and Seventy three dollars and thirty eight cents. It is therefore, considered by the court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid and their costs and charges herein expended and have thereof execution.
**Samuel Simmons vs William Cook**
On Note. Now at this day come said plaintiffs in his own proper person but that said defendant although duly summoned and called comes not but makes default, Wherefore on motion of said plaintiffs by his petition is taken against said defendant as confessed and the plaintiffs thereupon submits this cause to the Court and the Court the 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 plaintiffs in the sum of Four hundred and sixty-two dollars and seventy four cents. It is therefore, considered by the court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid and their costs and Charges herein expended and have execution therefor.
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**Viewer Page 304** (rcdbook1856_26_0303.jpg)
> Handwritten Page Number on Record Book: 297
**S. Graty Moses vs Henry W. Williams**
On Note.- 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 their attorney his petition is taken against said defendant as confessed, And the plaintiff by his attorney, thereupon 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 the said plaintiff in the sum of One Thousand and sixty nine dollars and ten cents. It is, therefore, considered by the Court that said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and his costs and charges herein expended and have execution therefor.
**John Burgess Robert G. Dale and John Goddard vs Thomas Noonan**
On Note.- 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 their petition is taken against said defendant as confessed, And the plaintiffs thereupon submit 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 the said plaintiffs in the sum of Seven hundred and nineteen dollars and fifteen cents. It is therefore considered 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 have execution therefor.
**James Toy vs John Halliday, Ferdinand Welker, John H. Seubert and Augustus Camp**
On Note.- Now at this day comes the said plaintiff by his attorney, but the said defendants although duly summoned and called come not, wherefore on motion of said plaintiff by his attorney his petition is taken against said defendants as confessed. And the said plaintiff by his attorney, thereupon 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 defendants are indebted to the said plaintiff in the sum of Five hundred and fifty eight dollars and two 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 have execution therefor execution.
**James Toy vs Francis Mayer, John Halliday and Augustus Camp**
On Note.- 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 his petition is taken against said defendants as confessed. And the plaintiff by his attorney, thereupon 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 petition is founded that said defendants are indebted to the said plaintiff in the sum of Four hundred and twenty dollars and eighty cents. It is therefore considered 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 have execution therefor.
**James E. Goll and Samuel D. Addison vs John C. Gilmore and Henry Pieper**
On Note.- Now at this day come the said plaintiffs by their attorney, but the said defendants although duly summoned and called come not but makes default, wherefore on motion of said plaintiffs by their attorney their petition is taken against said defendants as confessed. And the plaintiffs by their attorney thereupon submit 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 defendants are indebted to said plaintiffs in the sum of Three hundred and ninety five dollars and forty five 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 have thereof execution.
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**Viewer Page 305** (rcdbook1856_26_0304.jpg)
> Handwritten Page Number on Record Book: 298
**John Shearer and Rebecca Shearer vs John C. Blakely and Robert H. Hunt**
On Note.- Now at this day come said plaintiffs by their attorney but the said defendants although duly summoned and called comes not, 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 said plaintiffs by their attorney, thereupon submit 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 are indebted to said plaintiffs in the sum of Three hundred and eighty nine dollars and forty cents. It is therefore, considered 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 have thereof execution.
**Michael Boargoin vs John H. Scubert, Thomas Bower and William Fenner**
On Note.- Now at this day come said plaintiffs by their attorney but the said defendants although duly summoned and called comes not, therefore, on motion of said plaintiffs by his attorney it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiffs by his attorney, thereupon submits this cause to the Court and the Court having duly heard and considered the same both find from the instrument of writing upon which this action is founded that said defendant are indebted to said plaintiffs in the sum of Three hundred and fifteen dollars and forty cents. It is therefore, considered 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 have thereof execution.
**John C. Wilson and Judson Allen vs John Halliday**
On Note.- Now at this day come said plaintiffs by their attorney but the said defendants although duly summoned and called comes not, 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 by their attorney, thereupon 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 are indebted to said plaintiffs in the sum of Two hundred and thirty four dollars. It is therefore, considered 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 have execution therefor.
**John M. Meyers vs. Louis M. Prince**
On Note.- Now at this day come said plaintiffs by their attorney but the said defendants although duly summoned and called comes not, but makes default therefore, on motion of said plaintiffs 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 by their attorney, thereupon submit 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 are indebted to said plaintiffs in the sum of five hundred and twenty dollars and fifty cents. It is therefore, considered by the Court that said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and his costs and charges herein expended and have thereof execution.
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**Viewer Page 306** (rcdbook1856_26_0305.jpg)
> Handwritten Page Number on Record Book: 299
**John Hoffman administrator of Benson Calvert, deceased vs Thomas J. Meier, Cornelius U. Small and James F. Small**
On Note.- Now at this day come said plaintiffs by their 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 his petition be taken against said defendants as confessed. And the plaintiffs by his attorney, thereupon submit 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 are indebted to said plaintiff in the sum of Seven hundred and one dollars and seventy 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 have execution therefor.
**Philip Nitz vs Rudolph Herckenrath**
On Note.- Now at this day come 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 plaintiff to be taken against said defendant as confessed. And the plaintiffs by his attorney, thereupon submits this cause to the Court and the Court the 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 twenty one dollars and seventy one 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 have execution therefor.
**Christ an Johnson, Charles J Johnson, William Johnson and Frank M Gowin vs. Edwin Ellis and Louis Langlet**
On Note.- Now at this day come said plaintiffs by their attorney but the said defendants although duly summoned and called comes not, but makes default, wherefore on motion of said plaintiffs by their attorney the petition of said plaintiffs is taken against said defendants as confessed. And the plaintiffs by his attorney, thereupon submit this cause to the Court and the Court the 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 and forty six dollars and thirty three cents. It is therefore, considered 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 have thereof execution.
**Peter Saxe vs. George G. Chase**
On Note.- Now at this day come said plaintiffs by their attorney but the said defendant although duly summoned and called comes not, but makes default therefore, on motion of said plaintiffs by his attorney it is ordered by the Court that his petition be taken against said defendants as confessed, and the plaintiffs by his attorney, thereupon submits this cause to the Court and the Court the 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 six dollars and seventy 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 have there of execution.
**John C. Ivory vs Leon J Papin and Joseph L. Papin**
Dismissal.- Now at this comes the said plaintiff by his attorney and on this motion 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 307** (rcdbook1856_26_0306.jpg)
> Handwritten Page Number on Record Book: 300
**Henry A. Sherman vs Francis A. Meyer**
On Note.- Now at this day come 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 his attorney it is ordered by the Court that the petition of said plaintiff be taken against said defendants as confessed. And the plaintiff by his attorney, thereupon submits this cause to the Court and the Court the 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 thirty eighty eight cents. It is, therefore considered 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 have thereof execution.
**Henry Pike vs A. H. Yale**
On Note.- Now at this day come 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 his attorney his petition is taken against said defendant as confessed. And the plaintiff by his attorney thereupon submit 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 plaintiffs in the sum of Five hundred and ninety eight dollars and forty two 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 have execution therefor.
**Joshua Fine vs J. T. Handlan**
On Note.- Now at this day come said plaintiffs by their attorney but the said defendant although duly summoned and called comes not, therefore, on motion of said plaintiffs 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 by his attorney, thereupon submit this cause to the Court and the Court the having duly heard and considered the same doth find from the instrument of writing upon which this action is founded that said defendants are indebted to said plaintiffs in the sum of Two hundred and ninety nine dollars and eighty one cents. It is therefore, considered by the court that the plaintiff that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and his costs and charges herein expended and have execution therefor.
**Alexander J. P. Gereschi vs. Henry C. Lynch and other**
Motion to dismiss suit filed.
**Emanuel De Hodaimant vs George H. Lynch et al**
Motion to dismiss suit filed.
**George B. Murray vs George H. Lynch &c**
Motion to dismiss suit filed.
**George B. Murray vs Henry C. Lynch &c**
Motion to dismiss suit filed.
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**Viewer Page 308** (rcdbook1856_26_0307.jpg)
> Handwritten Page Number on Record Book: 301
**George B. Murray vs Henry C. Lynch & al**
Motion to dismiss suit filed.
**Isaac Bernheimer & al vs Abraham Newmark**
The defendant files an answer herein.
**The Dollars Savings Institution vs John D. Voerster & al**
The said defendant John D. Vaenster files an answer herein.
**David H. Fenton & al vs Christian Schaffer & al**
The defendant Christian Schaeffler files an answer herein.
**Josiah Richards vs Robert E. M Carthy**
The defendant files an answer herein.
**John Whitehill & al vs. Jacob Rhodes**
The defendant files an answer herein.
**Joseph Farrell vs John Halliday &c**
The defendant Francis Saler files an answer herein.
On motion of Charles D. Drake, Esg., it is ordered by the Court that the Clerk of the Saint Louis Circuit Court, furnish three copies of the Statute of this State, for the use of this Court, and that the costs of said statutes be taxed against the County of St. Louis.
**James M. Fadin vs John Triplett Miles Sells and Frank W. Billay**
By consent of parties it is ordered by the Court that this cause be dismissed at the costs of the said plaintiff and that execution issue therefor.
**Refull Henckley vs Z. Moore & al**
Default.- 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, and therefore 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.
**John Scott vs Hercules Carroll**
Dismissal.- By consent of parties, it is ordered by the Court that this cause be dismissed at the costs of the said defendant and that execution issue therefor.
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**Viewer Page 309** (rcdbook1856_26_0308.jpg)
> Handwritten Page Number on Record Book: 302
**Reuben J. Gushridge vs. James Gormely &c**
By leave of Court, ten days further time is given to the said defendants to file an answer herein.
**William C. Logan vs Isaac H. Taylor, William Hassinger, Samuel Halo William Reid and Hm Thomas, garnishees of the St. Louis Oil Manufacturing Company**
Dismissal.- Now at this day comes the said plaintiff by his attorney, and on his motion, it is ordered by the Court that this cause be dismissed at the costs of the said plaintiff and that execution issue there for.
**Solomon Meyer and Simon Lopez vs. Solomon Isaacs**
On Note.- Now at this day come said plaintiffs by their attorney but the said defendants although duly summoned and called comes not, but makes default therefore, on motion of said plaintiffs by his attorney, it is ordered by the Court that the petition of said plaintiffs be taken against said defendant as confessed, and the plaintiffs thereupon submit this cause to the Court and the Court the 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 plaintiffs in the sum of One hundred and eighty dollars and fifty five cents. It is therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid as found and their costs and charges herein expended and have execution there for against the property attached at the commencement of this suit.
**Charles M Kenzie Murray vs Samuel D. Porter**
The said defendant files and answer herein.
**Samuel L Moses & al vs William C. Defiez**
The said defendant files an answer herein.
**Harvey H. Humphrey vs James Castillo**
The said defendant files an answer herein.
**John B. Henderson vs Joseph G. Goodrich gar &c**
The said defendant files an answer herein.
**William V. N. Bay, trustee. &c vs. Joseph Westcott & al**
The said defendants file an answer herein.
**Eugene Jacarad & al vs Alexander M. Mitchell**
The said defendant files an answer herein.
**William P. Copperthwait vs. William Thomas**
Motion to strike out answer and for Judgment filed.
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**Viewer Page 310** (rcdbook1856_26_0309.jpg)
> Handwritten Page Number on Record Book: 303
**Emanuel DeHodiamant vs William A. Lynch, Wm. H. Helen and Charles D. Lynch**
On Note.- Now at this day come said plaintiff by their attorney but the said defendants although duly summoned and called come not, but make default therefore on motion of said plaintiff by his attorney the petition of said plaintiff is taken against said defendants as confessed, and the plaintiff by his attorney thereupon 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 defendants are indebted to said plaintiff in the sum of One thousand and fifty seven dollars and twenty two cents. It is therefore, considered 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 have execution therefor.
**George B. Murray vs Francis Mayer, doing business under the name and style of Francis Mayer &Co, Thomas Power and August Camp**
On Note.- Now at this day comes the said plaintiff by his attorney and on his motion, it is ordered by the Court that this cause to dismissed as to said defendant Thomas Power, but the said defendants although duly summoned and called comes not, but make default therefore on motion of said plaintiff by his attorney his petition is taken against said defendants as confessed, And the plaintiff by his attorney thereupon submits this cause upon the pleadings and proofs, and the Court the having duly heard and considered the same doth find from the instrument of writing upon which this action is founded that said defendants are indebted to said plaintiff in the sum of Four hundred and fifty one dollars and fifty one dollars and thirty cents. It is therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and this costs and charges herein expended and have execution therefor.
**George P. Murray vs Landry Clarliville, Philip D. Gordon and George W. Lynch**
On Note.- Now at this day comes said plaintiff by his attorney and on his motion, it is ordered by the Court that this cause to dismissed as to said defendants Landry Charleville, Philip D. Gordon, but the said other defendant although duly summoned and called comes not, but makes default, therefore on motion of said plaintiff by his attorney his petition of said plaintiff is taken against said defendant as confessed, and the plaintiff by his attorney thereupon 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 thirty eight dollars and sixty cents It is, therefore, considered 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 have execution therefor. It is for the ordered that said judgment four ten percent, per annum, until paid.
**Thomas M. Taylor and Oocar Collet vs August P. Gilbert**
On Note.- Now at this day come said plaintiffs by their attorney but the said defendant although duly summoned and called comes not, therefore on motion of said plaintiffs by their attorney their petition is taken against said defendant as confessed. And the plaintiffs by their attorney submit this cause to the Court and 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 the said plaintiffs in the sum of One hundred and eighty four dollars and twenty three cents. It is, therefore, considered 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 have execution therefor.
**Nernard Lavin vs Joseph W. Wood**
On Note.- Now at this day comes 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 his petition is taken against said defendant as confessed. And the plaintiff thereupon 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 One hundred and eighty-two dollars and seventy five cents. It is therefore, considered by the Court that said plaintiff recover of said defen
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**Viewer Page 311** (rcdbook1856_26_0310.jpg)
> Handwritten Page Number on Record Book: 304
dent the sum aforesaid in form aforesaid as found and his costs and charges herein expended and have execution there for.
**Nelson A. Britt vs John Brook and James W. Sherman, partners under the name and style of John Brooks & Co. and Henry Hire**
On Note.- 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, it is ordered by the court that his petition be taken against said defendants as confessed, and the plaintiff, there upon submit 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 defendants are indebted to said plaintiff in the sum of Eight hundred and sixty eight dollars. It is, therefore, considered 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 have thereof execution.
**Bernard H. Herdeling vs Frederick Musenmeier**
On Note.- 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 his petition is taken against said defendant as confessed. And the plaintiff thereupon 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 Two hundred and twenty two dollars and thirty three 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 have execution therefor.
**John C. Ivory vs Ferdinand Weleker etal**
Default.- Now at this day comes the said plaintiff by his attorney but the said defendants Ferdinand Welker, and John Halliday although duly summoned and called come not but make default, Wherefore on motion of said plaintiff by his attorney his petition is taken against said defendants as confessed.
**John C. Ivory vs 196. Ferdinand Weleker Juhor Halliday and Benjamin Brinson**
On Note.- 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 his petition is taken against said defendant as confessed, and the plaintiffs by his attorney there upon submit 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 defendants are indebted to said plaintiffs in the sum of Three hundred and sixteen dollars and fifty 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 have execution thereof.
**John L. Ivory vs Anapins Rice etal**
Default.- Now at this day comes the said plaintiff but the said defendant although duly summoned and called comes not but make default, wherefore on motion of said plaintiff his petition is taken against said defendant Anapins Rice as confessed.
**Louis C. Garmier vs John Halliday &c**
Default.- Now at this day comes the said plaintiff but the said defendant John Holliday although duly summoned and called come not but makes default, wherefore on motion of said plaintiff by his attorney his petition is taken against said defendant as confessed.
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**Viewer Page 312** (rcdbook1856_26_0311.jpg)
> Handwritten Page Number on Record Book: 305
**Wm. R. Biddlecome vs August Camp and Samuel Myerson and John Holliday**
On Note.- Now at this day come said plaintiffs by their attorney but the said defendants although duly summoned and called comes not, but makes default, wherefore, on motion of said plaintiff petition is taken against said defendants as confessed, and the plaintiffs by his attorney thereupon submits this cause to the Court and the Court the having duly heard and considered the same doth find from the instrument of writing upon which this action is founded that said defendants are indebted to said plaintiffs in the sum of Four hundred and twenty four dollars and sixty two cents. It is therefore, considered 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 have thereof execution.
**Abraham M. Gardner vs Richard Ivens, Henry Scharrigen Hansen and Wm O. Shands**
On Note.- Now at this day come said plaintiffs by their attorney but the said defendants although duly summoned and called comes not, but makes default wherefore, the Court doth order that the petition of said plaintiff be taken against said defendants as confessed, and finds 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 sixty eight dollars and Eighty six 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 have execution therefor.
**The Merchants and Manufacturers Savings Institution vs John Holliday Francis Mayer & al**
Now at this day comes said plaintiff by his attorney but the said defendants John Halliday and John W. Seubert having been duly summoned and called come not, but make default therefore the Court doth, on motion of said plaintiff order that is petition be taken against said defendants motion to strike out answer of Fabrics Mayer and for judgment filed as confessed.
**John C. Hays &c vs Daniel D. Page &c**
Motion to strike out answer filed.
**State of Missouri, do the use of Michael Pardon vs Daniel Emerson & al**
Now at this day comes the said plaintiff by her attorney land on his motion it is ordered by the Court that this cause to dismissed as to the said defendants Daniel Emerson and Granville Kimball.
**Thomas H. Hinde vs The Bank of the Ohri Life In and Trust C.**
On motion of said plaintiff by his attorney, it is ordered by the Court that the said plaintiff have to withdraw the affidavit of services, which is attached to his petition, so as to have the same amended is conformity to the law.
**Granville Beeler vs John M Fanl**
The defendant files an answer herein.
**John M. Harris vs J. Gelfort, gar &c**
Allegations & Interrogations filed.
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**Viewer Page 313** (rcdbook1856_26_0312.jpg)
> Handwritten Page Number on Record Book: 306
**Sheridan C. Hunt &c vs William Malone, gar &c.**
Answer filed
**Meredith Marton vs Daniel D. Page &c**
Motion for Judgment on answer filed.
**Madison Y. Johnson vs Cornelius D. Sullivan**
By consent of parties, it is ordered by the Court that this cause be continued until the next term of this Court.
The Court met pursuant to adjournment. Present as before.
**William D. Haughtailing vs Sylvester W. Ball and Erastus W. Chapin**
Now at this day come the said parties by their respective attorney and consent and agree that Judgment may be rendered herein in form of said plaintiff and against said defendants for the sum of Four hundred and fifty dollars. It is, therefore, considered by the Court that the said plaintiff recover of said defendants the sum aforesaid in form aforesaid as agreed upon and his costs and charges herein expended and have execution therefor.
**John Lourie vs Daniel D. Page &c**
Now at this day comes the said plaintiff by his attorney and on his motion, it is ordered by the Court, that this cause be dismissed as to the said defendant Edward Hyman. And thereupon the said plaintiff by leave of Court first had and obtained, files or amended petition herein.
**George Witman vs Daniel Shattuck &c**
The said plaintiff by leave of Court first had and obtained files an amended petition herein.
**James H. Lucas, Henry L. Patterson, Henry J. Turner Robert N. Nesbet and William J. Shermann vs The Central Plank Road Company**
Now at this day come said plaintiffs by their attorney and on motion of said plaintiff it is ordered by the Court, that the Sheriff do amend his return by inserting the words "The President of the Central Bank Road Company being absent," which amendment is accordingly made. And the said defendant being thereupon solemnly called comes not, but makes default, wherefore on motion of said plaintiffs by their attorney, their petition is taken against sais defendant as confessed, and this cause is submitted 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 plaintiffs in the sum of ten thousand and six hundred and sixty dollars and twenty one cents. It is therefore, considered by the Court that the plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found, with interest at the rate of ten percent per annum until paid, and their costs and charges herein expended and have execution therefor.
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**Viewer Page 314** (rcdbook1856_26_0313.jpg)
> Handwritten Page Number on Record Book: 307
**The Bank of the State of Missouri vs William J. Scott, George F. Gleason Daniel H. Mitchell**
On Note.- Now at this day come said plaintiffs by their attorney but the said defendants although duly summoned and called comes not, but makes default therefore, on motion of said plaintiff, by the Court both order that said petition be taken against said defendants as confessed, and finds 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 and ninety nine dollars and seventy two cents.
**The Bank of the State of Missouri vs Isaac W. Taylor and Melvin L. Gray**
On Note.- Now at this day come said plaintiffs by their attorney but the said defendants although duly summoned and called come not but makes default, wherefore, on motion of said plaintiff her petition is taken against said defendants as confessed, whereupon the said plaintiff submits this cause to the Court and the Court the having duly heard and considered the same doth find from the instrument of writing on which this action is founded that said defendants are indebt to said plaintiffs in the sum of Two Thousand one hundred and forty seven and sixty cents. It is therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have execution therefor.
**Laurius B. Turner and Timothy D. Turner vs James Secor**
On Note.- Now at this day come said plaintiff, by his attorney but the said defendant although duly summoned and called comes out, but makes default Wherefore, the Court doth order that the petition of said plaintiff be taken against said defendant as confessed, and the Court finds from the instrument of writing upon which this action is founded that said defendants are indebted to said plaintiffs in the sum of Two hundred and nineteen dollars and thirty cents. It is therefore, considered by the court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have execution issue therefor.
**Joseph Kittel vs Thomas Norman**
On Note.- Now at this day come said plaintiffs by their attorney but the said defendant although duly summoned and called comes not, but makes default, therefore, the Court doth order that the petition of said plaintiff be taken against said defendant as confessed, and finds from the instrument of writing on which this action is founded that said defendants is indebted to said plaintiffs in the sum of Four hundred and eighty dollars. It is therefore, considered 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 have execution therefor.
**Frederick Schuttage and Charles Ahrenfeldt vs James J. Lampton**
On Note.- Now at this day come said plaintiff by their attorney but the said defendant although duly summoned and called comes not but makes default, Wherefore, the Court doth order that the petition of said plaintiffs be taken as confessed, And the Court finds from the instrument of writing upon which this action is founded that said defendants is indebted to said plaintiffs in the sum of Three hundred and twenty four dollars and eighty six cents. It is therefore, considered by the Court that said plaintiff recover of the said defendants the sum aforesaid in form aforesaid as found and their costs and charges herein expended and have execution therefor.
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**Viewer Page 315** (rcdbook1856_26_0314.jpg)
> Handwritten Page Number on Record Book: 308
**Charles Holmes vs Ferdinand St. Stephenson and James N. Stephenson**
On Note.- Now at this day come said plaintiffs by their attorney, but the said defendants although duly summoned and called come not, but makes default, Wherefore, the Court doth order that the petition of said plaintiff be taken against said defendants as confessed, And the Court finds from the instrument of writing upon which this action is founded that said defendants are indebted to said plaintiff in the sum of One hundred and eighty two dollars and thirty nine 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 have execution therefor.
**Robert Thornburgh vs Andrew L. Whitley**
On Note.- Now at this day come said plaintiffs by their attorney but the said defendant although duly summoned and called comes not, but makes default Wherefore, the Court doth order that the petition of said plaintiffs be taken as confessed, And the Court finds from the instrument of writing on which this action is founded that said defendants is indebted to said plaintiffs in the sum of Eight hundred and fifty six dollars and twenty four cents. It is therefore, considered 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 have thereof execution.
**Horater N. Davis, Margaret Davis and Samuel Johnstone, Jr vs John B. Wasson**
On Note.- Now at this day come said plaintiffs by their attorney but the said defendant although duly summoned and called comes not, but makes default, wherefore, the Court doth order that the petition of said plaintiffs be taken as confessed, and finds from the instrument of writing on which this action is founded that said defendant are indebted to said plaintiffs in the sum of Five hundred and eighty-eight dollars and fifty seven cents. It is therefore, considered 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 have thereof execution.
**George J. Pollard vs Thomas Power &c**
Now at this day come said plaintiff but the said defendant John N. Shubert although duly summoned and called comes not, but they makes default, wherefore, the Court doth order that the petition of said plaintiffs is taken against him as confessed.
**George T. Pollard vs Zachariah Moore, Joseph Moore, David J. M McCullough and James H. Felps**
On Note.- Now at this day come said plaintiffs by their attorney but the said defendants although duly summoned and called comes not, but makes default therefore, the Court doth order the petition of said plaintiffs be taken against said defendants as confessed, and finds from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiffs in the sum of One thousand and sixty five dollars and sixty 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 have execution therefor.
**Patrick Hogan vs Joseph K. Bent**
The Defendant files an answer herein.
**Sheridan C. Hunt vs Father Henry, gar &c**
The Defendant files an answer herein.
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**Viewer Page 316** (rcdbook1856_26_0315.jpg)
> Handwritten Page Number on Record Book: 309
**William Lillicott and Robert Mc Donald vs Theophile Fahiland**
On Note.- Now at this day come said plaintiff but the said defendant although duly summoned and called comes not, but makes, default, therefore, the court doth order that the petition of said plaintiffs be taken against said defendant as confessed, and the Court finds 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 seven dollars and sixty one 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 have thereof execution.
**John T. Baldwin and George M. Dodge vs J. G. Nicholls**
On Note.- Now at this day come said plaintiffs by their attorney but the said defendant although duly summoned and called comes not, but makes default, Wherefore, the Court doth order that the petition of said plaintiffs be taken against said defendant as confessed, and the Court finds from the instrument of of writing upon which this action is founded that said defendant is indebted to said plaintiffs in the sum of Two hundred and fifty three dollars and eighteen cents. It is therefore, considered 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 have execution therefor.
**Horace Whittimore, Robert B. Whittimore and John F. Carter vs William Strick**
On Draft.- Now at this day come said plaintiffs by their attorney but the said defendant although duly summoned and called comes not, but makes default wherefore, the Court doth order that the petition of said plaintiffs be taken against said defendants as confessed and the Court finds 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 dollars and five 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 have execution there for.
**James B. Eads and William L. Wilson vs Alhambra Reeder and Joseph McEntire**
On Note.- Now at this day come said plaintiffs but the said defendants although duly summoned and called come not but makes default, Wherefore the Court doth order that said plaintiffs petition be taken as confessed, and the Court finds from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiffs in the sum of Two thousand and five hundred and sixty one Dollars and thirty one 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 have thereof execution.
**Bernard Mc Amulty vs Thomas & Papin gar &c**
The said garnishees file an answer herein.
**John Renfrew & al vs The Steam Boat Kate French**
The Defendant files an answer herein.
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**Viewer Page 317** (rcdbook1856_26_0316.jpg)
> Handwritten Page Number on Record Book: 310
**Edward V. Bryan & al vs Edward St. Nichol**
By consent of parties, it is ordered by the Court, that the cause be continued until the next term of the Court.
**Julia Morise vs James K. Philiber**
By consent of parties, it is ordered by the Court, that the cause be continued until the next term of the Court, at the costs of said plaintiff and that execution issue there for.
**Reuben Musick vs John Sigerson & al**
Motion to strike out answer filed.
**James Halligan, Executor of the last Bill and Testament of Milton W. Griswold**
On Note.- Now at this day come said plaintiffs by his attorney, but the said defendant although duly summoned and called comes not, but makes default therefore, the Court doth order that the petition of said plaintiff be taken against said defendant as confessed, And the Court finds from the instrument of writing upon which this action is founded that said defendant is indebted to said plaintiffs in the sum of One thousand nine hundred and ten dollars and eighty two cents. It is therefore, considered 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 have thereof execution.
**The Dollars Savings Institution vs John H. Williams & al**
Motion to strike out answer filed.
**Joseph M. Brown & al vs John S. McCune & al**
On motion of said defendants by his attorney it is ordered by the Court that the time for answering herein be extended one week.
**Sheridan C. Hunt & al vs Father Henry & al garnishees &c**
The defendant Father Henry files an answer herein.
**State of Missouri for the use of Solon Humphreys vs Charles M. Hick & al**
The defendant by their attorney file a motion for security for costs herein.
**Isaac Mai vs. W. Jones**
The defendant files an answer herein.
**James Patterson vs Marin Patterson**
Proof of publication filed.
**John C. Ivory vs Thomas Bower & al**
The plaintiff file a motion to strike out the answer of Francis Mayer costs for Judgment.
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**Viewer Page 318** (rcdbook1856_26_0317.jpg)
> Handwritten Page Number on Record Book: 311
**Thomas Hebeter vs William Anderson & al**
It is ordered by the Court that this cause be continued until the next term of the Court.
**Louis G. Picot vs James Clemins Jr & al**
By consent of parties, it is ordered by the Court that this cause be continued until the next term of the Court.
**Alexander Young vs Thomas Webster & al**
It is ordered by the Court that this cause be continued until the next term of the Court.
**James D. Denegré vs Orrin Wales & al gar &c**
By consent of parties, it is ordered by the Court, that this cause be continued until the next term of the Court.
**Peter E. Brooks vs Jacob Henn, William B Miller, Peter G. Camden, Mortimer Kennett and Peter Lindell**
Dismissal.- Now at this day comes the said plaintiff by his attorney and says he will not further prosecute this suit in this behalf, Wherefore, or motion of said plaintiff, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**John Roy and Charles H. Harber vs John Holliday, surviving partner &c**
Motion for the Judgment against Francis Mayer, not withstanding answer filed.
**Thomas Walsh vs Edward Hogan, Daniel Wood and William Malone, garnishees of Robert Carton and Dennis Fennessey**
The plaintiff having failed to filed allegations and interrogatives, within the time in which he is required to do, it is on motion of said garnishees by their attorney, ordered by the Court, that they de discharged as such at the costs of said plaintiff and that execution issue therefor. The sum of Five dollars is allowed to each of said garnishees.
**John C. Ivory vs Ferdinand Vandermale & al**
Default. Now at this day comes the said plaintiff by his attorney but the said defendant Frederick Picker although duly summoned and called comes not but makes default, wherefore, on motion of said plaintiff by his attorney his petition is taken against said defendant as confessed.
**James H. Lucas & al vs The Central Plank Road Company**
Motion to set aside order and amended return and Motion to set aside Judgment by Default, filed.
**William O. Brown & al vs Samuel Jacoby & al**
Defendants file an answer herein and also a motion for security for the costs of this action.
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**Viewer Page 319** (rcdbook1856_26_0318.jpg)
> Handwritten Page Number on Record Book: 312
**Owen Collin vs Henry W. Williams.**
Confession of Judgment.
Now at this day come the said defendant and files his statements, duly verified by affidavit, whereby it appears to the Court that he is indebted to the said plaintiff in the sum of Twelve hundred and forty five dollars and confesses Judgment for that amount, and consent that the same may be entered up against him there for. It is therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed, and his costs and charges herein be expended and have execution therefor. By consent of parties, it is ordered by the Court that execution he stayed herein for the issue of ninety days.
The Court met pursuant to adjournment. Present as before.
**James Maxwell vs Catharine Timmonds admx &c**
The defendant files an answer herein.
**Philip C. Maura vs John Sigerson and Anapins Rice**
On Note.- Now at this day come said plaintiffs by his attorney but the said defendants although duly solemn and called comes not but makes default, wherefore, the Court doth order that the petition of said plaintiffs be taken against said defendants as confessed, And the Court finds 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 thirty dollars. 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 have execution thereof. 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 have execution therefore, and it is further ordered by the Court that the said plain Judgment bear ten percent, per annum, until paid.
**Philip C. Mauire vs John Segerson and Anapias Rice**
On Note.- Now at this day comes said plaintiffs by his Attorney, but they said defendants although duly summoned and called comes not, but makes default, wherefore the Court doth order that the petition of said plaintiffs be taken against said defendants as confessed, and the Court finds 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 five dollars and ninety one 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 have execution therefor; and it is further ordered that said Judgment bear ten percent, per annum, until paid.
**John Hagen, Sen. vs. George S. Case & al**
The defendant George S. Case files an answer and a motion for security for costs herein.
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**Viewer Page 320** (rcdbook1856_26_0319.jpg)
> Handwritten Page Number on Record Book: 313
**Philip C. Maure vs John Sigerson and Anapias Rice**
On Note.- Now at this day comes the said plaintiff but the said defendants although duly summoned and called comes not, but makes default, wherefore the Court doth order that the petition of said plaintiff be taken against said defendants as confessed, and the Court finds from the instrument of writing upon which this action is founded that said defendant are indebted to said plaintiff in the sum of Five hundred and twenty three dollars and sixty three cents. It is therefore, considered 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 have execution there for and It is ordered that said judgment bear interest at the rate of ten percent per annum, until paid.
**George B. Murray vs Anapins Rice and John Sigerson**
Dismissal. 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, therefore the Court both order that the petition of said plaintiff to take against said defendants as confessed.
**State of Missouri to use of Humphreys vs Charles M. Hicks & al**
The Defendants file an answer herein.
**Paul Rohrer & al vs Frederick Wales &c**
The defendants file an answer herein.
**State of In. to use of Inslee vs August Reipschleger &c**
Exhibit filed.
**Newton S. Gay & al vs Milford Smith**
Plea in the nature of a plea in a statement filed.
**Henry Dunster and George A. Sugendorph vs Gilbert T. Sewell and Robert H. Bennett and John Simmons**
Dismissal.- On motion of the 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. On motion of said plaintiffs by their attorney, leave is given to them to withdraw the note upon which this suit is founded by leaving a copy of the same with the clerk of this Court.
**William Strumann vs The City of St. Louis**
Dismissal.- On motion of the 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 there for.
**Michael Hollacher vs William Holske & al**
The defendant file an answer herein.
**William H. Smith & al vs The Steam Boat E. A. Ogden**
Demurrer filed.
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**Viewer Page 321** (rcdbook1856_26_0320.jpg)
> Handwritten Page Number on Record Book: 314
**Theophile Schaefer vs John G. Mack**
Replication to off set filed.
**James S. Mc Lain vs Pennsylvanian Ins Company &c gar &c**
The said garnishees file an answer herein.
**George B. Murray vs Anapins Rice and John Sigerson**
Dismissal.- On motion of the said plaintiff by his attorney it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Franklin Grebe vs Frederick Meyer**
Answer and motion for security for costs filed herein.
**Frederick Schulenburg & al vs John Maguire & al**
The defendants file an answer herein.
**Grant Goodrich & al vs William Hussinger**
The defendants file a demurrer herein.
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**Viewer Page 322** (rcdbook1856_26_0321.jpg)
> Handwritten Page Number on Record Book: 315
The Court met pursuant to adjournment. Present as before.
**Emile Block & al vs The Steam Boat Louisville**
Demurrer to petition and motion for security for costs filed.
**Richard J Lockwood & al vs Charles F. Baker & al**
Motion to strike out parts of answer filed.
**John Mc Dowell vs John Sigerson & al**
Motion to strike out answer, filed.
**Squire Hall Jr vs William H. Derian**
Plea in the nature of a plea in statement and motion for security for costs filed.
**Addison G. Bragg vs Benjamin M. Grover**
On motion of the said defendant by his attorney, it is ordered by the Court, that the said defendant have thirty days to file an answer herein.
**Frederick Lietty vs Page & Parcon**
Demurrer filed
**Mary Ann Webster vs Joseph H. Webster**
The time for answering, is, on motion of said defendant extended ten days.
**George Witman vs Daniel Shattuck &c**
Motion for security for costs, filed
**Reuben Musick vs John Sigerson & al**
Motion to strike out plaintiffs motion filed herein.
**Williams Simmons vs Edwin A. Skelle**
The Defendant files an answer herein.
**James H. Lucas & al vs The Central Plank Rail Road Company.**
The defendants file an answer herein.
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**Viewer Page 323** (rcdbook1856_26_0322.jpg)
> Handwritten Page Number on Record Book: 316
**Henry O. Brinkling vs John Kampeter**
The Court having duly heard and considered the motion of said defendant filed herein for security for costs, and being fully advised of and concerning the same, doth order that said motion be sustained. It is further ordered by the Court that unless the said plaintiff file the same within thirty days from this date this cause will stand dismissed.
**John J. Anderson vs. John Young & al gar &c**
Garnishment.- The plaintiff having failed to file allegations and interrogatories, within the time within which he is required so to do, it is on motion of said garnishee John Young, by his attorney, ordered by the Court that he be discharged us such at the costs of said plaintiff and that execution issue there for. The sum of five dollars is allowed to said garnishee for his appearance herein.
**George Smizer vs William C. Taylor**
The Court having duly heard and considered the demurrer of the said defendant and being thereof fully advised, doth order the same to be overruled. Ten days is allowed to said defendant to file an answer herein.
**Weizmann vs. Page O Bacon**
By consent of parties the demurrer herein is withdrawn.
**George D. Humphreys & al vs William H. Reed, garnishees of St. Louis Oil Manufacturing Company**
The plaintiff having failed to file allegations and interrogatories, within the time, within which they are required so to do, It is on motion of said garnishees by their attorney, ordered by the Court that they be discharged at the costs of said plaintiff and that execution issue there for. The sum of Five dollars is allowed to said garnishees for their appearance herein.
**Pacific Rail Road Company vs August Koch**
The defendant files an answer herein.
**John Hagen, Jr vs George S. Case & al**
The defendant Thomas Wall files an answer herein.
**Robert Stevens vs Briand Million &c**
The time for answering herein is expended one week.
**The Saint Louis Iron Mountain Rail Road Company vs Thomas Nelson**
On motion of the said defendant by his attorney, It is ordered by the Court that he have ten days upon their time to plead herein.
**The St. Louis Iron Mountain Rail Road Company vs Thomas Nelson & al**
Ten days further time is allowed said defendant to plead herein.
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**Viewer Page 324** (rcdbook1856_26_0323.jpg)
> Handwritten Page Number on Record Book: 317
**Kingwalt vs William G. Miller**
Motion to strike and answer filed.
**Joseph R Wanderer vs John Sigerson**
Confession of Judgment. Now at this day comes the said defendant and files statement duly verified by affidavit, whereby it appears to the Court that the said defendant is indebted to the said plaintiff, in the sum of Eleven hundred and forty two dollars and thirty nine cents, and that he confesses himself indebted to said plaintiff for the sum and consents that judgment may be rendered against him therefor. It is therefore, considered by the Court that the said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed and that said judgment be an interest from the day of its rendition at the rate of ten per cent per annum and his costs and charges herein expended and have execution therefor.
**William Lindsay vs William A. Lynch Charles D. Lynch and William H. Keller**
On Note.- Now at this day come said plaintiffs by his attorney but the said defendants although duly summoned and called comes not, but makes default, wherefore the court both order the petition of said plaintiff to be taken as confessed and the court finds from the instrument of writing upon which this action is founded that said defenddent are indebted to said plaintiffs in the sum of Five hundred and twenty four dollars and eighty eight cents. It is therefore, considered 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 have thereof execution.
**John Halsall vs Daniel D. Page & al**
Demurrer to petition filed.
**Simon Abeles vs Wilson Henly & al**
Amended petition filed by leave of Court. Motion to strike out amended petition filed.
**James C. Ramey vs Michael Bark etal**
Section for security for costs filed, and the defendants Alexander Christy files an answer herein.
**Michael Hollacher vs Theodore Gennera etal**
Dismissal.- On motion of said plaintiff by his attorney, it is ordered by the Court, that this cause be dismissed as to the said defendant Theodore Gennera.
**Thomas E. Owens vs James H. M. Clare**
Default.- Now at this day comes the said plaintiff but the said defendant although duly summoned and called comes not, but makes default, where the Court doth order that the petition of said plaintiff be taken against said defendant as confessed.
**Charles Pierson, assignee &c vs John Murrin.**
Default.- Now at this day comes the said plaintiff his attorney, but the said defendant although duly summoned and called comes not, but makes default, therefore the Court both order that the petition of said plaintiff be taken against said defendant as confessed.
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**Viewer Page 325** (rcdbook1856_26_0324.jpg)
> Handwritten Page Number on Record Book: 318
**George G. Presbury and John D. Taylor vs Edward W. Shards and John C. F. Ladue**
On Note.- Now at this day come said plaintiffs by their attorney, and on his motion, it is ordered by the court this cause be dismissed as to the said John C. F. Ladue, but they said other defendant although duly summoned and called comes not, but makes default therefore, the Court doth order that the petition of said plaintiffs be taken against said defendants as confessed, and finds from the instrument of writing upon which this action is founded that said defendant is indebted to said plaintiffs in the sum of Two hundred and twenty-two dollars and eighty 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 have thereof execution.
**The Saint Louis and Iron Mountain Rail Road Co vs Gustarus Fischer**
Default. Now at this day comes the said plaintiff by its attorney, but the said defendant although duly summoned and called comes not but make default, therefore the Court doth order the petition of said plaintiff to be taken against him as confessed.
**John R. Schenck vs Twenty Jones**
The defendant files an answer herein.
**Norman J. Coleman vs Daniel D. Page & al**
Stipulation fields.
**Frederick Saul vs The Terre Hate Allen and St. Louis Rail Road**
The defendant files an answer herein.
**George J. Barnett & al vs Peter Ambo and others**
The defendant to file an answer herein.
**Hermann Schroeder vs John W. Sheriff**
The Defendant files an answer herein.
**Alexander M. McNickle vs Edward Boyle**
The Defendant files an answer herein.
**John Hughes vs J. H. Crane**
The Defendant files an answer herein.
**Robert S. Baldwin & al vs John S. Thompson**
The Defendant files an answer herein.
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**Viewer Page 326** (rcdbook1856_26_0325.jpg)
> Handwritten Page Number on Record Book: 319
**Cleander Mighells vs Lorenzo D. Jones**
The said defendant comes by his attorney and files a motion to dismiss this cause.
**William J. Enders & al vs William Murphy**
The Dependant files an answer herein.
**Nicholas Franck vs Franz Nassal**
The Defendant files an answer herein.
**Squire Hall Jr vs William H. Deriar**
Plea to the Jurisdiction in abstract filed.
**John Rowe vs J. V. Huntington & al**
The defendants file an answer herein.
**Henry Gronheim vs Paul Carlin**
Confession of the Judgment.- Now at this day comes the said defendant and files a statement duly verified by affidavit, whereby it appears to the Court that he is indebted to the said plaintiff, in the sum of Ten Thousand Dollars and consents that Judgment be rendered against him therefor. It is, therefore, considered 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 have thereof execution.
**Terence Scully vs. Dominick J. W. Laughlin**
Confession of Judgment.- Now at this day comes the said defendant and files a statement duly verified by affidavit, Whereby it appears to the Court that the said defendant is indebted to said plaintiff in the sum of. Thirteen Thousand six hundred and thirty three dollars and thirty two cents and consents that judgment be rendered against him and in forever on the said plaintiff for said sum. It is, therefore, considered 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 have execution therefor.
**James Castello, Sheriff &c vs Pierre Obucher & James H. Lucas**
The Court having duly heard and considered the demurrer of the said defendants to the petition of the said plaintiff, and having duly heard and considered the same doth order that the same be sustained Ten days allowed said plaintiff to file an amended petition herein.
**In the matter of the Assignment of G. P. Theobold & al**
Order of sale.- Now at this day comes Samuel Simmons, assignee herein, and on his application for an order of sale, the Court doth order that the estate and effects assigned, consisting of office furniture and iron safe be sold at private or public rule, provided no part of the same be sold for left than the appraised value thereof if the same is sold at private rule.
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**Viewer Page 327** (rcdbook1856_26_0326.jpg)
> Handwritten Page Number on Record Book: 320
**M.S. Mepham and William G.Mepham vs. John Nevison**
Order of Publication:- On motion of said plaintiff by his attorney, it is ordered that said defendant be notified of the commencement of this suit, the object of which is to recover of him the sum of One hundred and twenty seven dollars and fifty nine cents on account of Goode and Merchan lizz furnished him by said plaintiffs and that his property has been attached, and that unless he appear at the next term of this court to be begun and held at the City of St Louis on the First Monday of February next, and on or before the sixth day thereof answer said plaintiff petition the same will be taken against him as confessed judgment rendered against him accordingly and his property sold to satisfy the same and it is further ordered that a copy hereof be published according to law in the Saint Louis Missouri Democrat.
**Armroid Beck vs. Kingsland & Cuddy**
The defendants file an answer herein.
**Alexander J. P. Iareschi vs. Henry C. Lynch eal**
The Court having duly heard and considered the mention of said defendant to dismisses this suit and being thereof fully advised, doth order that said motion be overruled. The court allows the said defendant three days to file answer herein.
**John Halsall vs. Daniel D. Pagoral**
The court having duly heard and considered the motion of said defendant to strike out the petition of said plaintiff and being thereof fully advised, doth order that said motion be overruled.
**State of Missouri to use of John Humpheys vs. Charles W. Hicks et al.**
The court having duly heard and considered the motion of said defendant for security for costs herein, and being thereof fully advised, doth order that said motion be sustained. It is further ordered by the court that unless said plaintiff file recently for the costs of this action within twenty days from this date this cause, will stand dismissed.
**John C. Toory vs. Thomas Bower et. al.**
The court having duly heard and considered the motion of said plaintiff fo judgment notwithstanding the answer filed by Francis Mayer in this behalf and being thereof fully advised of and concerning the same, doth order that the same be overruled.
**The Dollars Saving Institution vs. Francis Mayer et. al.**
The court having duly heard and considered the motion of said plaintiff for judgment notwithstanding the answer filed herein, and being thereof fully advised, doth order that the same be overruled.
**The Dollars Savings Institution vs. John M. Williams et.al.**
The court having duly heard and considered the motion of said plaintiff for judgment, notwithstanding the answers filed herein, and being thereof fully advised doth order that the same be overruled.
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> Handwritten Page Number on Record Book: 321
**Brown L Howard vs. Lawly Valentine**
The Court having duly heard and considered the motion of said defendants for security for costs and beings thereof fully advised doth order that said motion be sustained.
**John Hayer vs. George S. Caaise et.al**
The Court having duly heard and considered the motion of said defendants for security for costs herein and beings thereof fully advised of and concerning the same, doth order that said motion be sustained.
The Court met pursuant to adjournment. Present as before.
**William R. Martin et. al. vs. William Lings.**
Default. Now at this day come the said plaintiff by their attorney, but the said defendant although duly summoned and called comes not, but makes, default, wherefore the court doth order that the petition of said plaintiff be taken against said defendant as confessed.
**Olis N. Lane vs. Hannah J Lane**
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, the court doth order that the petition of said plaintiff be taken against said defendant as confessed.
**The Saint Louis Lumbernew & Mechanics Insurance Company vs. Allen J. Chamblen et. al.**
Dismissal. On motion of the said plaintiff by his attorney, it is ordered by the court that this cause be dismissed at the costs of the said plaintiff and that execution issue therefor.
**John Walft and John J. Woppe vs. George H. Schuster**
Dismissal. On motion of the said plaintiff by their attorney it is ordered by the court that this cause be dismissed at the costs of the said plaintiff and that execution issue therefor.
**John Walss et. al. vs. Sebastian Wily**
Default. Now at this day come the said plaintiff by their attorney, but the said defendant although duly summoned and called comes not, but makes, default, wherefore the court doth order that the petition of said plaintiff be taken against said defendant as confessed.
**John Wolff et.al. vs. Solmon Isaac**
Default. Now at this day come the said plaintiff by their attorney, but the said defendant although duly summoned and called comes not but makes, default, wherefore the court doth order that the petition of said plaintiff be taken against said defendant as confessed.
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> Handwritten Page Number on Record Book: 322
**Thomas H. Hinde vs. The Frank of the Ohri Life Insurance and Trust Company**
Default. On Bill of Exchange. Now at this day comes the said plaintiff by his attorney, but the said defendant although duly notified and solemnly called comes not, but makes default, wherefore the court doth order that the petition of said plaintiff be taken as confessed, and the Court finds from the instrument of writing upon which this action is founded that said defendant is indebted to the said plaintiff in the sum of Sixteen hundred and twenty nine dollars and twenty cents. It is, therefore, considered by the Court that said plaintiff recover of the said plaintiff the sum aforesaid in form aforesaid as found and his costs and charges in this behalf expended and have thereof execution, against the property attached at the commencement of this suit.
**Rudolph Wesseling, John Katterasser, and George Steininger Trustees of the Western Cain No.7 United American Order of Druids vs George Schade, John Korshefer and John George Steininger.**
Default. On Note. Now at this day come the said plaintiff by their attorney, but the said defendant although duly summoned and called come not, but make default, wherefore on motion of said plaintiffs by their attorney the Court doth order that their petition be taken as confessed, and finds from the instrument of writing upon which this action is founded that said defendants are indebted to said plaintiffs in the sum of Five hundred and ninety eight dollars and fifty-five cents. It is, therefore, considered by the Court that said plaintiff recover of the said plaintiff the sum aforesaid in from aforesaid as found and their costs and charges herein expended and have execution therefor.
**State of Missouri to the use of the Bank of Missouri vs Daniel Emerson, Granville Kimball and James Y. Sanger**
The Court having duly heard and considered the demurrer herein, and being thereof fully advised doth order that the same be overruled. Thereupon comes the saids plaintiff by her attorney, and dismisses this suit as to the said defendants to Daniel Emerson and Granville Kimball, and the said defendant although duly warned and called comes not, but makes default, wherefore the Court doth order the petition of plaintiff to be taken against said plaintiff as confessed.
**Samuel Goulding &c vs Elijah G. Tuttle and Harvey W. Smith, garnishee of Wm Renths.**
On motion of the said garnishees by their attorney, the time for the said defendant and Harvey W. Smith is extended until the fifteen of this month, and for the said E. G. Tuttle until the twenty five of the month.
**Robert S. Armstrong etal vs E. G. Tuttle etal gar &c**
The time for answering herein is extended until the twenty fifth of this month.
**Charles Jerson, assignee of White vs John Mussin**
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, the Court doth order the petition of said plaintiff be taken against said defendant as confessed.
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> Handwritten Page Number on Record Book: 323
**William James vs. Thomas Rutherford etal**
Demurrer to counter claim filed
**Samuel H.Raston etal vs Henry Busemiyer**
The Defendant files an answer herein.
**George Smizer vs. William C. Taylor**
The defendant files an answer and off-set herein.
**The Saint Louis Iron Mountain Rail Road Company vs Henry Cobb**
On Agreement:- 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, the court doth order the petition of said plaintiff to be taken as confessed, and finds from the instrument of writing upon which this action is founded that said defendant is indebted to said plaintiff in the sum of Four Thousand two hundred and four Dollars and twenty cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have execution therefore.
**The St Louis Iron Mountain Rail Road Company vs Peter J. Krenter**
On Agreement:- 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, the court doth order the petition of said plaintiff to be taken against said defendant as confessed, and the court finds from the instrument of writing upon which this action is founded that said defendant is indebted to said plaintiff in the sum of One hundred and forty dollars and twelve cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have execution therefore.
**The Saint Louis Iron Mountain Rail Road Company vs Bernard Heidecker**
On Agreement.- 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, the Court doth order that the petition of said plaintiff be taken against said defendant as confessed, and the Court finds 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 seventy seven cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid a found and her costs and charges herein expended and have thereof executions
**The Saint Louis and Iron Mountain Rail Roads vs Henry Johanning**
On Agreement:- 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, the court doth order the petition of said plaintiff be taken as confessed, and the court finds 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 two dollars and forty four cents. It is, therefore,
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> Handwritten Page Number on Record Book: 324
Considered by the court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as founded and her costs and charges herein expended and have thereof execution.
**The Saint Louis Iron Mountain Rail Road Company vs. George M.Lynch**
On agreement. 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, the court doth order the petition of said plaintiff be taken against said defendant as confessed, and finds 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 cents. It is, therefore, considered 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 have therefore execution.
**The Saint Louis Iron Mountain Rail Road Company vs. A.L.Gull**
On agreement: 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, the court doth order the petition of said plaintiff to be taken as confessed, and the Court finds from the instrument of writing upon which this action is founded that said defendant is indebted to said plaintiff in the sum of Two hundred and eighty dollars. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have execution therefore.
**The Saint Louis Iron Mountain Rail Road Company vs. Anton Haffomeister**
On agreement 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, the court doth order that the petition of said plaintiff be taken as confessed, and the finds from the instrument of writing upon which this action is founded that said defendant is indebted to said plaintiff in the sum of One hundred and forty dollars and twelve cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have execution therefor.
**The Saint Louis Iron Mountain Rail Road Company vs. John L.G. Heinnichs**
On agreement. 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, the court doth order that the petition of said plaintiff to be taken as confessed, and the finds 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 ninety one dollars and thirty three cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have execution therefore.
**The Saint Louis Iron Mountain Rail Road Company vs. Thomas B. Graham**
On agreement. 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, the court doth order that the petition of said plaintiff to be taken against said
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> Handwritten Page Number on Record Book: 325
Defendant as confessed, and the finds from the instrument of writing upon which this action is founded that said defendant is indebted to said plaintiff in the sum of five hundred and fifty five Dollars and sixty nine cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have thereof execution.
**The Saint Louis Iron Mountain Rail Road Company vs. Charles D. Syncho**
On agreement. 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, the court doth order that the petition of said plaintiff to be taken as confessed, and the finds 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 cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have execution therefore.
**The Saint Louis Iron Mountain Rail Road Company vs. William H.Gozgens**
On agreement 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, the court doth order that the petition of said plaintiff to be taken as confessed, and the finds from the instrument of writing upon which this actions is founded that said defendant is indebted to said plaintiff in the sum of two hundred and eighty Dollars and seventy seven cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have therefore execution.
**The Saint Louis Iron Mountain Rail Road Company vs. Jacob Rurkel**
On agreement. Now at this day comes the said plaintiff by its attorney, but the said defendant although duly summoned and called comes not, but makes default, wherefore, the court doth order that the petition of said plaintiff to be taken as confessed, and the finds from the instrument of writing upon which this action is founded that said defendant is indebted to said plaintiff in the sum of two hundred and twenty two Dollars and forty four cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have therefore execution.
**The Saint Louis Iron Mountain Rail Road Company vs Nathamiel Childs, Jr**
On agreement.- 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, the court doth order that the petition of the said plaintiff to be taken as confessed, and the court finds from the instrument of writing upon which this action is founded that said defendant is indebted to said plaintiff in the sum of fourteen hundred and one Dollars and forty cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have therefore execution.
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**Viewer Page 333** (rcdbook1856_26_0332.jpg)
> Handwritten Page Number on Record Book: 326
**The Saint Louis and Iron Mountain Rail Road Company vs. J.P. Bermel**
On agreement:- Now at this day comes the said plaintiff by its attorney, but the said defendant although duly summoned and called comes not, but makes default, wherefore, the court doth order the petition of said plaintiff be taken as confessed, and finds from the instrument of writing on which this actions is founded that said defendant is indebted to said plaintiff in the sum of thirty one dollars and eighty cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and its costs and charges herein expended and have execution therefor.
**The Saint Louis and Iron Mountain Rail Road Company vs Henry Almstedt**
On agreement. Now at this day comes the said plaintiff by its attorney, but the said defendant although duly summoned and called comes not, but makes default, wherefore, the court doth order that the petition of said plaintiff be taken as confessed, and the Court finds from the instrument of writing on which this actions is founded that said defendant is indebted to said plaintiff in the sum of one hundred and forty dollars and twelve cents. It is, therefore, considered by the Court, that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and its costs and charges herein expended and have execution therefore.
**The Saint Louis Iron Mountain Rail Road Company vs Gutheb Ellinger**
On agreement. Now at this day comes the said plaintiff by its attorney, but the said defendant although duly summoned and called comes not, but makes default, wherefore, the court doth order that the petition of said plaintiff be taken as confessed, and the Court finds from the instrument of writing on which this actions is founded that said defendant is indebted to said plaintiff in the sum of one hundred and forty dollars and twelve cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and its costs and charges herein expended and have execution therefore.
**The Saint Louis and Iron Mountain Rail Road Company vs Christian P. Birwith**
On agreement. Now at this day comes the said plaintiff by its attorney, but the said defendant although duly summoned and called comes not, but makes default, wherefore, the court doth order that the petition of said plaintiff be taken as confessed, and the Court finds from the instrument of writing on which this actions is founded that said defendant is indebted to said plaintiff in the sum of one hundred and forty dollars twelve cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and its costs and charges herein expended and have execution therefor.
**The Saint Louis and Iron Mountain Rail Road Company vs Charles Baswell**
On agreement. Now at this day comes the said plaintiff by its attorney, but the said defendant although duly summoned and called comes not, but makes default, wherefore the court doth order that the petition of said plaintiff be taken as confessed, and the Court finds from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of One thousand four hundred and one dollars and forty cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and its costs and charges herein expended and have execution therefor.
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**Viewer Page 334** (rcdbook1856_26_0333.jpg)
> Handwritten Page Number on Record Book: 327
**The Saint Louis and Iron Mountain Rail Road Company vs. John O'Hara**
On agreement. Now at this day comes the said plaintiff by its attorney, but the said defendant although duly summoned and called comes not but makes default, wherefore, the court doth order that the petition of said plaintiff to be taken as confessed, and the finds from the instrument of writing upon which this actions is founded that said defendant is indebted to said plaintiff in the sum of One hundred and forty dollars and twelve cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have execution therefore.
**The Saint Louis and Iron Mountain Rail Road Company vs. Edwin R. Mason**
On agreement Now at this day comes the said plaintiff by its attorney, but the said defendant although duly summoned and called comes not, but makes default, wherefore, on motion of said plaintiff by its attorney its petition is taken against said defendant as confessed, and the court finds from the instrument of writing on which this actions is founded that said defendant is indebted to said plaintiff in the sum of Six thousand five hundred and eighty dollars and fifty 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 its costs and charges herein expended and have execution therefore.
**The Saint Louis Iron Mountain Rail Road Company vs. William Glasgow, Jr**
On agreement. Now at this day comes the said plaintiff by its attorney, but the said defendant although duly summoned and called comes not, but makes default, where fore, the court doth order that the petition of said plaintiff to be taken as confessed, and the finds from the instrument of writing upon which this actions is founded that said defendant is indebted to said plaintiff in the sum of Two-hundred and sixty six dollars and sixty five cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have execution therefore.
**The Saint Louis Iron Mountain Rail Road Company vs. James Graham**
On agreement. Now at this day comes the said plaintiff by its attorney, but the said defendant although duly summoned and called comes not, but makes default, wherefore, the court doth find the instrument. of writing on which this actions is founded that said defendant is indebted to said plaintiff in the sum of Seven hundred dollars and twenty nine cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid and in form aforesaid as found and to costs and charges herein expended and have execution therefore.
**The St. Louis and Iron Mountain Rail Road Company vs John Schiffman**
On agreement. Now at the day comes that said plaintiff by its attorney but the said defendant although duly summoned and called comes not but makes default, wherefore the court doth order the petition of said plaintiff to taken as confessed, and the court finds 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 one dollar and thirty three cents. It is, therefore, considered by the court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and its costs and charges herein expended and have execution therefor.
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**Viewer Page 335** (rcdbook1856_26_0334.jpg)
> Handwritten Page Number on Record Book: 328
**The Saint Louis and Iron Mountain Rail Road Company vs. John Puff**
On agreement:- Now at this day comes the said plaintiff by its attorney, but the said defendant although duly summoned and called comes not, but makes default, wherefore, the court doth order that the petition of said plaintiff to be taken against said defendant as confessed, and the courts finds from the instrument of writing on which this actions is founded that said defendant is indebted to said plaintiff in the sum of Two hundred and sixty dollars and eighty nine cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have execution therefore.
**The Saint Louis and Iron Mountain Rail Road Company vs. George W. West**
On agreement Now at this day comes the said plaintiff by its attorney, but the said defendant although duly summoned and called comes not, but makes default, wherefore, the court doth order the petition of said plaintiff be taken as confessed, and the court finds 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 twenty dollars and twenty cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and its costs and charges herein expended and have execution therefore.
**The Saint Louis Iron Mountain Rail Road Company vs. R.Vennewitz**
On agreement 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, where fore, on motion of said plaintiff by her attorney, the petition of said plaintiff is taken against said defendant as confessed, and the court finds from the instrument of writing on which this actions is founded that said defendant is indebted to said plaintiff in the sum of Six hundred and eighty dollars and twenty nine cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have execution therefore.
**The said Saint Louis Iron Mountain Rail Road Company vs. John Eble**
On agreement Now at this day comes the said plaintiff by its attorney, but the said defendant although duly summoned and called comes not, but makes default, wherefore, the court doth order that the petition of said plaintiff be taken against said defendant as confessed, and the court finds from the instrument of writing upon which this actions is founded that said defendant is indebted to said plaintiff in the sum of Seventy nine dollars and ninety nine cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have execution therefore.
**The said Saint Louis Iron Mountain Rail Road Company vs. William H. Belcher**
On agreement 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, the court doth order that the petition of said plaintiff be taken as confessed, and the court finds from the instrument of writing on which this actions is founded that said defendant is indebted to said plaintiff in the sum of two thousand five hundred and thirty eight dollars and twenty five cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have execution therefore.
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> Handwritten Page Number on Record Book: 329
**The Saint Louis and Iron Mountain Rail Road Company vs. H.A.Depneau**
On agreement:- Now at this day comes the said plaintiff by its attorney, but the said defendant although duly summoned and called comes not, but makes default, wherefore, the court doth order the petition of said plaintiff to be taken as confessed, and the courts finds from the instrument of writing on which this actions is founded that said defendant is indebted to said plaintiff in the sum of fifty six dollars and seventy eight cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have execution therefore.
**Henry O.Brikling vs. Johan Kampecter**
It appearing to the satisfaction of the court that at the time the order ruling the plaintiff for costs in this cause, was made that bond had previously been given to that effect, It is, therefore, considered by the Court that the order made in this cause in that behalf, as well as the order extending the time to said defendant herein to thirty be and the same is hereby set aside, and the defendant is required to plead herein within three days.
**Frederick Liitly vs. Daniel D Page and Henry D.Bacon**
On Note:- Now at this day comes the said plaintiff by her attorney, but the said defendant although duly summoned and called comes not, wherefore, the court doth order the petition of said plaintiff be taken against said them as confessed, Thereupon this cause is submitted to the court and the court having duly heards 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 nine dollars. It is, therefore, considered 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 have thereof execution.
**Anamious M.cameron and Austing A. Edwards vs. Edward St.Michel**
On Note:- Now at this day comes the said plaintiff by their attorney, but the said defendant although duly summoned and called comes not, but makes default, wherefore, it is ordered by the court that the petition of said plaintiff be taken against said defendant as confessed. Thereupon on motion of said plaintiff by their attorney this cause is submitted to the court, 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 sixty three dollars and sixty one cents. It is, therefore, considered 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 have thereof execution.
**John Anderson vs. Solon W.Robbins**
On Note:- 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, the court doth order the petition of said plaintiff be taken against said defendant as confessed. Thereupon this cause is submitted 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 twenty one dollars and five cents. It is, therefore, considered 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 have thereof execution.
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**Viewer Page 337** (rcdbook1856_26_0336.jpg)
> Handwritten Page Number on Record Book: 330
The Court met pursuant to adjournment. Present as before.
**George Henderson vs Frederick Bartold & Louis Bartold**
On Note.- Now at this day comes said plaintiff by his attorney, but the said defendant although duly summoned and called come not, but make default, wherefore the Court doth order the petition of said plaintiff be taken against said defendant as confessed, and the Court finds 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 eighty three dollars and sixty cents. It is, therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid and have execution thereof.
**Ophelia Kennedy vs Alexander Kennedy**
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 the Court doth order the petition of said plaintiff be taken as confessed.
**Bernard McAnulty vs Small Wells &C. gar &c**
The garnishees come and file an answer herein.
**James B. Ricords, admr &c vs Henry Ames & al**
The Defendants come and file an answer herein.
**Robert S. Armstrong & al vs E. G. Tuttle & al gar of Reuth**
Separate answer of H. W. Smith filed
**Thomas B. Carter & al vs Frank Spencer**
Default.- Now at this day come the said plaintiff by their attorney but the said defendant although duly summoned and called comes not, but makes default, wherefore the Court doth order the petition of said plaintiff be taken against said defendant as confessed.
**William H. Bolton vs Frak Spencer**
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 the Court doth order the petitionof said plaintiff be taken against said defendant as confessed.
**State of Missouri to the use of Stanton vs Daniel Emerson, Granville Kimball & al**
The Court having duly heard and considered the demurrer of said defendants to the petition of said plaintiff and being there of fully advised, doth order that the same be over-ruled.
**William Milburn & al Commissoners &c vs Thomas C. Reynolds**
By consent of parties this cause is continued until the next term of this Court.
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**Viewer Page 338** (rcdbook1856_26_0337.jpg)
> Handwritten Page Number on Record Book: 331
Court met pursuant to adjournment. Present as before.
**Henry Spinsley vs Louisa Spinsley**
Def,ault.- Now at this day comes said plaintiff by his attorney, but the said defendant although duly summoned and called comes not but makes default, Wherefore, the Court doth order the petition of said plaintiff, be taken against said defendant as confessed.
**Joseph F. Gibbs vs Catherine S. Gibbs**
Default.- Now at this day comes the said plaintiff by his attorney, but the said defendant although duly summoned and called comes not makes default, Wherefore, the Court doth order the petition of said plaintiff, be taken against said defendant as confessed.
**Carl Wittig vs John Riedi**
Default.- Now at this day comes the said plaintiff by his attorney, but the said defendant although duly summoned and called comes not makes default, Wherefore, the Court doth order the petition of said plaintiff, be taken against said defendant as confessed.
**Christian Wiere & al vs Frederick Wiesemeier**
Default.- Now at this day comes the said plaintiff by their attorney, but the said defendant although duly summoned and called comes not, but makes default, Wherefore, the Court doth order the petition of said plaintiff be taken against said defendant as confessed.
**George Smizer vs William C. Taylor**
Demurrer to answer and off set filed.
**George Ballas Jr vs Larenea Ballas**
The defendant files an answer and cross-bill herein.
**Samuel Howison vs Thomas L. Rives**
The defendant files an answer herein.
**Franklin Field vs Daniel D. Page & al**
The plaintiff files a reply herein
**Robert Stevens vs Brainard Million & al**
Motion for security for costs and separate answer of Brainard Million, filed
**Sarah A. D. Connell vs William Connell**
Default. Now at this day comes said plaintiff by her attorney, but the said defendant although duly summoned and called comes not, but makes default, Wherefore, the Court doth order the petition of said plaintiff be taken against said defendant as confessed.
**David B. Fisk & al vs Frank Spencer**
Now at this day come the plaintiffs by their attorney, but the said defendant although duly summoned and called and called comes not, but makes default wherefore, the Courth doth order the petition of said plaintiffs be taken against said defendant, as confessed.
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**Viewer Page 339** (rcdbook1856_26_0338.jpg)
> Handwritten Page Number on Record Book: 332
**State of Missouri to the use of Michael Slanton vs Daniel Emerson, Granville Kimball and James Y. Sanger**
Default. Now at this day comes the said plaintiff by her attorney, and on his motion this cause is dismissed as to the said Daniel Emerson and Granville Kimball, but the said other defendant James Y. Langer although duly summoned and called comes not, but makes default, wherefore the Court doth order the petition of said plaintiff be taken against said defendant as confessed, and finds 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 thirty five cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have thereof execution.
**Edward V. Bryan, Addison L. Hardcastle and George T Hardcastle, partners &c vs John G. Simpson and Daniel Cameron, partners &c**
On Note and Account.- 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 the Court doth order the petition of said plaintiff be taken as confessed, And the Court finds from the instrument of writing on which this action is founded and the proofs herein that the said defendants are indebted to said plaintiffs in the sum of Two hundred and fifty-eight dollars and fifty-two cents. It is, therefore, considered by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and assessed and their costs and charges herein expended and have execution therefor.
Now at this day come Lee Walker, Samuel Churchill and Francis T. Bryan and on their motion, it is ordered that a commission issue herein, to perpetuate the testimony of Matelda N. Taylor.
**Williams Simmons vs Edwin A. Skeele**
On motion of said plaintiff by his attorney, it is ordered by the Court that a dedimus issue herein to the State of New York, to take depositions, on the part of plaintiff.
**James Patterson vs Maria Patterson**
Default.- Now at this day comes the said plaintiff by this attorney but the said defendant although duly notified and called comes not, but makes default, wherefore the Court doth order the petition of said plaintiff, be taken against said defendant as confessed.
**William I. Horstmann Segismund H. Horslmann, John G. Franklin, George O. Evans and Wm L. Hassall vs John G. Simpson and Daniel Cameron**
On Note.- 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 the Court doth order the petition of said plaintiff be taken against said defendant as confessed, and the Court finds 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 seven dollars and thirty-two 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 have execution therefor.
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**John Frain vs Matthias M. Parker**
Default, on Account. 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 the Court doth order the petition of said plaintiff be taken against said defendant as confessed, and this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth assess the damages of the said plaintiff by reason of the premises alledged in the petition at the sum of Five hundred and seventy seven dollars and fifty cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assessed and his costs and charges herein expended and have execution thereof.
**Thomas Hughes vs James W. Phillips**
On Note.- 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 the Court doth order the petition of said plaintiff be taken against said defendant as confessed, And the Court 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 ten cents. It is therefore, considered 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 have execution therefor.
**Robert Lindsay and Presley Blakeston vs Edward K. Woodward**
On Account.- Now at this day come said plaintiff but the said defendant although duly summoned and called comes not but makes default, wherefore, the Court doth order the petition of said plaintiffs be taken against said defendant as confessed, and this cause is submitted to the Court upon the pleadings and proofs and the Court finds from such proofs that said plaintiff has sustained damage by reason of the premises set out in his petition in the sum of It is therefore considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form
**Robert Lindsay and Presley Blackisten vs Edward K. Hoodward**
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, the Court doth order the petition of said plaintiff be taken against said defendant as confessed.
**James Shea vs Stephen A. Cromwell and Caroline J. Cromwell**
On Notes.- Now at this day comes said plaintiff by his attorney but the said defendants although duly summoned and called come not, but make default, wherefore, the Court doth order the petition of said plaintiff be taken as confessed, and the Court finds from the instruments of writing on which this action is founded that said defendants are indebted to said plaintiff in the sum of Two-hundred and thirty-five dollars and fifty 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 have thereof execution.
**The State of Missouri to use of Stanton vs James G Sanger**
Motion to set aside Judgment filed.
**State of Missouri, to use of Bank of Mc vs James Y. Lunger**
Motion to set aside Judgment, filed.
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**Joseph Farrell vs Robert W. Hunt and William Wible**
On Note.- 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, the Court doth order the petition of said plaintiff be taken against said defendants as confessed, and the Court finds 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 seventy nine dollars and sixty two cents. it is therefore considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found, with interest at the rate of ten percent per annum until paid, and his costs and charges herein expended and have execution therefor.
**Thomas L Worthington vs Charles K. Bacon**
On Note.- Now at this day comes the said plaintiff by his attorney but the said defendant although duly summoned and called comes not but make default, wherefore, the Court doth order the petition of said plaintiff be taken as confessed, and the Court 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 fifty two dollars and sixty two cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found his costs and charges herein expended and have thereof execution.
**Archibald J Alexander and William A. Irvine vs William P. Davis**
On Note.- Now at this day comes the said plaintiff by their attorney but the said defendant although duly summoned and called comes not but make default, wherefore, the Court doth order the petition of said plaintiff be taken against said defendant as confessed, and finds from the instrument of writing on which this action is founded that said defendant is indebted to said plaintiff in the sum of Eight hundred and fifty seven dollars and sixteen cents. It is, therefore, considered 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 have execution therefor.
**Jhoche Bradley vs Samuel Bradley**
The plaintiff comes and files proof satisfactory to the Court, that the said defendant has been duly notified by publication according to law, of the commencement and general nature of this action.
Sarah Bates, whose identify is proven by the testimony of Edward Bates and Fleming Bates, two credible witnessed examined, in Open Court, upon oath, comes and acknowledges the execution of a deed of emancipation by her to George W. Bates (commonly called Washington) Said Ger. W. Bates is a malatto man, now about thirty four years of age.
**William Mc Donald vs Robert Mc Donald**
On Note.- Now at this day comes said plaintiff, but the said defendant although duly summoned and called comes not, but makes default, wherefore the Court doth order his petition be taken against said defendant as confessed, and the Court finds 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-five dollars. It is, therefore, considered 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 have execution therefor.
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**Meredith Martin vs Daniel D. Page Henry, D. Bacon, Edward Hyman and Thomas Brown**
The Court having duly heard and considered the motion of said plaintiff for Judgment against said defendants, notwithstanding their answer, and having duly heard and considered the same, and being thereof fully advised, doth order the said motion be sustained. Thereupon the said plaintiff comes by his attorney but the said defendants although duly notified and solemnly called come not, but make default, Wherefore the Court doth order the petition of said plaintiff be taken against said defendants as confessed, and the Court 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 twenty six dollars. 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 have execution therefor.
**Reulen J. Guthridge vs James Gormley, James McFaddin & al**
The Defendant Lafayette S. Menifee files an answer herein.
**Griffin P. Theohold, William Cooke and James K. R. Price vs Adolph A. Mayer,**
On Account 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 the Court doth order the petition of said plaintiffs be taken as confessed, and the Court finds from the pleadings and proofs that the said plaintiffs have sustained damage by reason of the premised in their petition mentioned in the sum of One hundred and seventy two dollars and forty five cents. It is, therefore, considered 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 have execution therefor against the property attached at the commencement of this suit.
**Griffin P. Theobold, William Cooke and James K. B. Rice**
On Garnishment on Execution- Now at this day comes the said plaintiffs by their attorney and the said defendant also comes and files an answer herein, and this cause is thereupon submitted do the Court, and the Court having duly heard and considered the same, doth find from the answer of said garnishee that at the time he was summoned herein as such, he was indebted to the said Adolph A. Meyer in the sum of One hundred and eighty four dollars and forty five cents. It is, therefore, considered by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as found, and that out of said sum they pay the costs, as well of the original proceedings as of this, and that they have thereof execution.
**Nicholas Schneffer, Eberhard Anheuser James Reilley and Adolph Krauss vs John Nevison**
Order of Publication. It appearing to 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, motion of said plaintiff by their attorney, therefore ordered by the Court that said defendant be notified of the commencement of this suit, the object of which is to recover of him the sum of Two hundred and Eighty-eight dollars and thirty nine cents on account of goods, wares and merchandize sold and delivered to him by said plaintiffs, and that his property has been attached, and that unless he appear at the next term of this Court to be begun and held on the fourth Monday in February next, and on or before the sixth day thereof answer said plaintiffs their petition will be taken against him as confessed; Judgment rendered against him, and his property sold to satisfy the same. It is further ordered that a copy hereof be published in the Daily Missouri Democrat, according to law.
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The Court met pursuant to adjournment. Present as before.
**Phoche Bradley vs Samuel Bradley**
Default.- Now at this day comes the said plaintiff but the said defendant although duly notified and called comes not but makes default, wherefore the Court doth order the petition of said plaintiff be taken against said defendant as confessed.
**George B. Murray vs John Gorey Paul P. Patchin and Martin O. Byrne**
On Note.- Now at this day comes the said plaintiff by his attorney and on his motion it is ordered by the Court that this cause be dismissed as to the said defendant Martin O. Byrne, but the said other defendants although duly summoned and called come not but make default, wherefore, the Court doth order the petition of said plaintiff be taken against said defendants as confessed, and the Court finds 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 eighty-eight and eighty 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 have execution therefor. It is further ordered that said Judgment hear ten per cent per annum, until paid.
**State of Missouri to the use of John Hamphreys vs Charles H. Hicks & al**
The defendants motion for security for costs herein having been duly heard and considered by the Court, the same is sustained, and plaintiffs thereupon file a bond for costs, which is approved by the Court.
**Francis O. Stephan vs A. L. Stephan**
The plaintiff files proof satisfactory to the Court that the order of publication heretofore made in this cause has been duly published according to law.
**John Fisher and Charles Beekendane vs Joseph G. Allen and Allen D. Bennett**
Now at this day come the said plaintiff by their attorney, and on his motion, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**John Whitehill & al vs Jacob Rhodes**
The plaintiffs file a replication herein.
**Mary Ann Webster vs Joseph H. Webster**
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 the Court doth order the petition of said plaintiff be taken against said defendant as confessed.
**Squire Hall Jr vs Wm H. Deriun**
Motion to strike out defendants plea in abatement.
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**John Louderback & wife vs The North Missouri R. R. C.**
By consent of parties this cause is filed as a return of this term and the defendant thereupon comes and files a demurrer to the petition of said plaintiffs.
**The State of Missouri vs William Burke**
It is ordered by the Court that a capias issue against said defendant returnable forthwith.
**Sarah A. D. Connell vs William Connell**
Divorce. 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 that her petition be taken against said defendant as confessed, and the Court proceeding to hear the proofs in said cause, and being satisfied from such proofs, that said plaintiff is an innocent and injured party, therefore it is ordered, adjudged and decreed that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant and to restored to all the rights and privileges of an unmarried person. it is further ordered by the Court that said plaintiff pay the costs of this proceeding and that execution issue therefor.
**Christian Weise & al vs Frederick Wiesemeier**
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.
**Benjamin Lethaner vs Morris Raphaelsky**
Dedimus.- On motion of said defendants by his attorney it is ordered by the Court that a dedimus issue herein to the State of New York, to take deposition in the part of said defendant.
**Thomas Walsh vs Robert Cartan and/ Dennis Fennessey**
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 on motion of said plaintiff by his attorney, ordered that said defendants be notified of the commencement of this suit, the object of which is to recover of them the sum of nine hundred and fifty dollars and sixty four cents on account of money paid and advanced by plaintiff to them and on account of lumber furnished by plaintiff to them, and that their property has been attached; and that unless they appear at the next term of this Court to be begun and held at the City of St Louis on the fourth Monday of February next, and on or before the sixth day thereof answer the petition of said plaintiff the same will be taken against them as confessed; Judgment rendered against them, and their property sold to satisfy the same. And it is further ordered that a copy hereof be published according to law in the Missouri Democrat. On motion of said plaintiff by his attorney it is ordered by the Court that an alias writ of attachment issue herein, returnable to the next term of this Court.
**Sheridan C. Hunt and James R. Wiseman vs Robert Carton and Dennis Fennessey**
Order of Publication.- The Sheriff having made return that said defendant cannot be found, and the Court being satisfied that said defendants cannot be served with process, it is on motion of said plaintiffs, by their attorney ordered that said defendants be notified by publication of this order of the commencement of this suit the object of which is to recover of them the sum of One hundred and seventy seven dollars and eighty nine cents on account of goods, wares and merchandize, and that unless they appear at the next term of this Court, to be begun and held at the City of St Louis on the fourth Monday in February next, and on or before the sixty day thereof, and answer the said plaintiff petition
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the same will be taken against them as confessed; Judgment rendered against them, and their property sold to satisfy the same. And it is further ordered that a copy hereof be published according to law, in the Missouri Democrat.
The Court met pursuant to adjournment. Present as before.
**Emanuel De Hodiamant vs Ferdinand Welker, John Halliday, Francis Mayer and Benjamin Brison**
On Note.- On motion of said plaintiff by his attorney, it is ordered by the Court that this cause be dismissed as to the said defendant Francis Mayer, but the said other defendants although duly summoned and called come not, but make default, Wherefore the Court doth order the petition of said plaintiff be taken against said defendants as confessed, And the Court finds from the instrument of wirting on which this action is founded that said defendants are indebted to said plaintiff in the sum of Five hundred and Twenty eight dollars and eighteen 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 have execution therefor.
**Catherine Seiler by her next friend Wm H. Cols vs Jacob Seiler**
Proof of Publication and Default.- Now at this day comes the said plaintiff by her attorney, bond files proof satisfactory to the Court, that the order of publication heretofore made in this behalf has been duly published according to law. And the said defendant although duly notified and solemnly called comes not but makes default, wherefore the Court doth, on motion of said plaintiff by her attorney, order that her petition be taken against said defendant as confessed.
**George W. Coline & al vs Samuel S. Brainard & al**
Replication filed.
**Samuel Kirkman & al vs Thomas D. Dutcher & al gar &c**
Garnishment on Attachment.- Now at this day come the said plaintiffs by their attorney, but the said defendants John W. Spalding and G. A. Horrell, although duly notified and called come not, but make default wherefore the Court doth order that allegations of said plaintiffs be taken against them as confessed Motion to strike out answer herein filed by the said garnishees Dutcher & Twitchell, filed.
**In the matter of Patrick Connelly**
Habeas Corpus.- Now come again said parties, and on reading and hearing the application and proofs adduced, it is ordered by the Court that the said Patrick Connelly be, and he is hereby discharged.
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**Alexander J. P. Garesché vs Henry C. Lynch and George W. Lynch**
On Note.- Now at this day comes the said plaintiff, in his own proper person but the said defendants although duly summoned and solemonly called come not, but make default, wherefore, the Court doth order the petition of said plaintiff be taken against said defendants as confessed, And the Court finds 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 seven 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 have execution therefor.
**William Milbourn, William Glasgow Jr and William C. Taylor, Commissioners 16th Section J. 45. R. 7. East vs Christopher C. McClure**
Now at this day come said parties by their respective attorneys and thereupon come also a Jury, to wit: N. Barnum, Henry Bischoffs, Michael Cook, Frederick Meyer, Peter Meyer, William Nalley, Herman Meyer G. Herman, Land G. Bell, Charles M. O. Hara Laddin Davis and George W. Fisher, twelve good and lawful men who being duly elected, tried and sworn the issues herein joined well and truly to try, the trial of this cause progressed, but not being concluded is laid over until to morrow.
The Court met pursuant to adjournment. Present as before.
**George Smizer vs John Sigerson**
Confession of Judgment.- Now at this day comes the said defendant and files a statement duly verified by affidavit, whereby he confesses himself indebted to the said plaintiff in the sum of nine hundred and thirty dollars and twenty nine cents and consents that Judgment may be rendered against him and in favor of said plaintiff for said sum, It is, therefore, considered by the Court that the said plaintiff recover of said; defendant the sum aforesaid in form aforesaid as confessed, with interest at the rate of ten percent per annum until paid, and his costs and charges herein expended and have thereof execution By consent of parties, execution is stayed for the period of twelve months.
**Greene Eriskin vs John Sigerson**
Confession of Judgment.- Now at this day comes the said defendant and files a statement in writing, duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of One Thousand and ninety dollars, and consents that Judgment may be rendered against him and in favor of said plaintiff, for that sum. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed, with interest at the rate of ten per cent per annum, until paid, and his costs and charges herein expended and have thereof execution.
By consent of parties execution is stayed for the period of one year.
**John L Chandler etal vs John Baker**
Default.- Now at this day comes the said plaintiff by their attorney, but the said defendant although duly summoned and called comes not, but makes default, wherefore, the Court doth order the petition of said plaintiffs be taken against said defendant as confessed
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**Goltieb Freuntrup vs Charles Skinkle**
On account.- Now at this day comes again said plaintiff, but the said defendant although duly summoned and called comes not but makes default, wherefore the Court doth order the petition of said plaintiff be taken against said defendant as confessed.
**Sarah L. Mortimer by her next friend George Lewis vs Richard R. Mortimer**
Divorce.- 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 the Court doth order the petition of said plaintiff be taken against said defendant as confessed.
**George Wetman vs Daniel Shattuck & al**
The plaintiff files security for costs herein, which is approved by the Court.
**James O. Boon and Wellington J. Boon vs Zachariah Moore, Joseph Moore and James D. Moore**
On Note.- 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, the Court doth order the petition of said plaintiffs be taken as confessed, And the Court finds from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiffs in the sum of eleven hundred and thirty eight dollars and forty seven 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 have execution therefor.
**John C. Hays and William Hays vs Daniel D. Page, Henry D. Bacon & al**
The plaintiffs file a motion to strike out defendants answer and for Judgment.
**William Milburn, William Glasgow Jr and William C. Taylor Comrs 16th Section J. 45. R. 7. East vs Christopher C. Mc Clure**
Now at this day come again said parties by their respective attorneys and the Jury sworn and empannelled herein also come and the trial of this cause progressed, and the jurors aforesaid upon their oaths aforesaid find the issue herein joined in favor of the said defendant. It is, therefore, considered by the Court that said plaintiffs take nothing by their said suit in this behalf, but that defendant go hence without day and recover of said plaintiffs his costs and charges in this behalf expended and have thereof execution.
**William Milburn, William Glasgow for and William C. Taylor Commissioners of the 16. Section of Township 45. North Range 7 East. vs John Hogan**
Now at this day come the said parties by their respective attorneys, and thereupon come also, a Jury, to wit; N. Barman Henry Bischoff, Michael Cook, Frederick Meyer, Peter Meyer William Nalley, Herman Meyer, G. Hermann, Saud G Bull, Charles M. O. Harn Laddin Davis and George W. Fisher, twelve good and lawful men who being duly elected, tried and sworn the issues herein joined well and truly to try, the trial of this cause progressed, and being finished the Jurors aforesaid upon their oaths aforesaid find the issue herein joined in favor of said defendant. It is, therefore, considered by the Court that said plaintiffs take nothing by their said suit in this behalf but that said defendant go hence without day and recover of said plaintiffs his costs and charges herein expended and have thereof execution.
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**William Milburn, William Glasgow Jr William C. Taylor, Comm vs of Section 16. Township 45 N. Range 7. East vs Charles J. Carpenter**
Now at this day come again said parties by their respective attorneys and thereupon come also a Jury to wit: N. Barnum, Henry Bischoff, Michael Cook, Frederick Meyer, Peter Meyer, William Nalley Herman Meyer, G. Hermann, Lund G. Bull, Charles M. O. Hara, Ladden Davis and George W. Fisher, twelve good and lawful men who being duly elected, tried and sworn the issues herein joined well and truly to try, the trial of this cause progressed and being finished the Jurors aforesaid on their oaths aforesaid find the issue herein joined in favor of said defendant. It is, therefore, considered by the Court that said plaintiffs recover nothing by their said suit in this behalf, but that said defendant go hence without day and recover of said plaintiffs his costs and charges in this behalf expended and have thereof execution.
**William Milburn, William Glasgow Jr and William C. Taylor, Commissioners of the 16th Section, Township 45 North Range 7: East vs Elizear Blanchard**
Now at this day come again said parties by their respective attorneys and thereupon come also a Jury to wit, N. Barnum, Henry Bischoff, Michael Cook, Frederick Meyer, Peter Meyer, William Nalley, G. Herman [Mayer ?] Lund G. Bull, Charles M. O. Hara, Ladden Davis and George W. Fisher, twelve good and lawful men who being duly elected, tried and sworn the matters in controversy well and truly to try the trial of this cause progressed and being finished the Jurors aforesaid upon their oaths aforesaid find the issue herein joined in favor of said defendant. It is, therefore, considered by the Court that said plaintiffs recover nothing by their said suit in this behalf, but that said defendant go hence without day and recover of said plaintiffs his costs and charges in this behalf expended and have execution therefor.
**William Milburn, William Glasgow, Jr and William C. Taylor Commissioners of the 16. Section Township 45. North Range 7. East vs James A. Hardy**
Now at this day come again said parties by their respective attorneys, and thereupon come also a Jury, to wit: N. Barnum, Henry Bischoff, Michael Cook, Frederick Meyer, Peter Meyer, William Nalley Herman, G. Lan Bulld, Charles M. O'Hara, Laddin Davis and George W. Fisher, twelve good and lawful men, who being duly elected, tried and sworn well and truly to try the matters in controversy, the trial of this cause progressed and being finished the Jurors aforesaid find the issue joined in favor of said defendant. It is, therefore, considered by the Court that said plaintiffs take nothing by their said suit in this behalf, but that said defendant go hence without day and recover of said plaintiffs his costs and charges in this behalf expended and have thereof execution.
**James A. Conway vs J. A. Capurro**
The defendant files an answer herein.
**Meredith Martin vs Daniel D. Page & al**
Bill of Exceptions filed.
**Augustus F. Shapleigh & al vs William C. Wagley**
On motion of said plaintiffs by their attorney, it is ordered by the Court that an alias writ of attachment issue herein, returnable to the next term of this Court.
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**Abigail Walther vs Charles F. Walther**
The Court having duly heard and considered the demurrer of said defendants to the original petition of said plaintiff and having been thereof fully advised, doth order that said demurrer be overruled, And the Court having also duly heard and considered the other motion of said defendant to strike out the supplemental petition of said plaintiff, and being thereof fully advised, doth order said motion be sustained
**Charles K. M Kenzie Murray vs Samuel D. Porter**
Motion for security for costs and affidavit in support thereof filed.
**Joachim Burgart vs Gertrade Burgart & al**
The Court having duly heard and considered the demurrer of said defendants to the petition of said plaintiff, and being thereof fully advised, doth order that said demurrer be sustained. Leave is given to said plaintiff to amend his petition, within ten days.
**The Merchants & Manufacturers Saving Institution vs John Halliday & al**
The Court having duly heard and considered the motion of said plaintiff to strike out the answer of said defendant Francis Mayer and for Judgment, and being thereof fully advised, doth order that said motion be, and the same is hereby overruled.
**Mary Dawes vs Jacob Bernreither & al**
The Court having duly heard and considered the demurrer herein and being thereof fully advised, doth order that the same be overruled.
**Kate Dawes vs Jacob Bernruther & al**
The Court having duly heard and considered the demurrer filed herein and being thereof fully advised, doth order that the same be overruled.
**Benjamin S. Garland vs Charles Semple**
The time for answering herein is extended ten days.
**In the matter of William Burke**
Now at this day come. William Burke as principal and Virginia King and Gireard Bulls, as securities and acknowledge themselves to owe to the State of Missouri the sum of Fifteen hundred Dollars, to be levied of their respective goods and chattels, lands and tenements; yet upon condition that if the said William Burk shall personally appear before the Saint Louis Criminal Court, on the first day of the next term thereof, to be holden for the Court of St. Louis on the First Monday in November, Eighteen hundred and fifty seven, and from day to day during said term, and on the first day of any future term to which this cause maybe continued, then and there to answer and indictment prepared by the Grand Jurors of said County against said William Burk for and shall not depart the said Court without leave thereof, then this recognizance to be void, else to remain in full force.
**Dewitt C. Sandford and James C. Crane vs John Nevison**
Order of Publication. It appearing to the satisfaction of the Court from the affidavit of said plaintiffs 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 that said defendant be notified of the commencement of this suit, the object of which is to recover of him the sum of One hundred and thirty nine
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dollars and eighty-three cents on account of goods and merchandize sold and delivered by plaintiffs to the said defendant and that his property has been attached, and that unless he appear at the next term of this Court to be begun and held at the City of Saint Louis on the fourth Monday in February next, and on or before the sixty day three of answer said plaintiffs petition, the same will be taken against him as confessed; Judgment rendered against him and his property sold to satisfy the same. And it is further ordered that a copy hereof be published according to law in the Missouri Democrat.
The Court met pursuant to adjournment. Present as before.
**William J. Smith vs Joseph Mogridge & al**
By consent of parties, it is ordered by the Court that this cause be continued until the next term of the Court.
**Hudson B. Powell vs Michael Buckley**
By consent of parties, it is ordered by the Court that this cause be continued until the next term of the Court.
**George W. Cable and Hebert St Cyr administrator of Robert Hughes, dec'd vs William C. Martin and others**
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.
**Henry Ober Brökling vs Johan Kampeter**
On Note.- 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 the Court doth order the petition of said plaintiff be taken as confessed, and the Court finds 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 ninety-eight dollars and fifteen cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found, with eight percent per annum until paid, and his costs and charges herein expended and have thereof execution.
**George Witman vs Daniel Shattuck & al**
Default.- Now at this day comes 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, his petition is taken against said defendant as confessed. On motion of said plaintiff by his attorney, it is ordered that this cause be dismissed as to the said defedant of Jules Hebert, who was not served with process.
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> Handwritten Page Number on Record Book: 344
**Richard J Lockwood etal vs Charles B. Baker etal**
The Court having duly heard and considered the motion of said plaintiffs to strike out parts of defendants answer, and being thereof fully advised doth order that said motion be overruled.
**John Halsall vs Daniel D. Page etal**
The Court having duly heard and considered the motion to strike out the petition filed herein, and being thereof fully advised, it doth order that the same be overruled.
**Semuel H. Paxton etal vs Henry Bussmeyer**
Motion to strike out answer filed.
**Maria Boyland vs Wilson Boyland**
The said plaintiff files proof satisfactory to the Court that the order of publication heretofore made in this behalf has been duly published according to law.
**Richard P. Hanenkamp etal vs John Nevison**
Order of sale.- Now at this day comes James Castello, Sheriff of St Louis County and files a statement whereby it appears to the Court, that the property levied upon by virtue and authority of the attachment issued in the above entitled cause is likely to depreciate in value before the probable termination of this suit and that the keeping of the same will be attended with much expense, It is, therefore, ordered by the Court that the said James Castello, Sheriff as aforesaid, do proceed to sell said property so levied upon, in conformity to the Statute in such case made and provided.
**John S. Thompson etal vs John Nevison**
Order of Sale.- Now at this day comes James Castello, Sheriff of Saint Louis County and files a statement whereby it appears to the Court that the property levied upon by virtue and authority of the attachment issued in the above intitled cause is likely to depreciate in value before the probable termination fo this suit, and that the keeping of the same will be attended with much expense, It is, therefore, considered by the Court that James Castello, Sheriff as aforesaid, do proceed to sell said property so levied upon, in conformity to the Statute in such case made and provided.
**Nicholas Sheaffer etal vs John Nevison**
Order of Sale.- Now at this day comes James Castello, Sheriff of Saint Louis County and files a statement whereby it appears to the Court, that the property levied upon by virtue and authority of the attachment issued in the above entitled cause is likely to depreciate in value before the probable termination of this suit, It is, therefore, ordered by the Court that James Castello, as Sheriff as aforesaid, do proceed to sell said property so levied upon, in conformity to the Statute in such case made and provided.
**Samuel S. Spering etal vs Geoge Branckmann**
Default.- Now at this day come the said plaintiff by their attorney, but the said defendant although duly summoned and called comes not, but makes default, Wherefore the Court doth order the petition of said plaintiffs be taken against said defendant as confessed.
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> Handwritten Page Number on Record Book: 345
**Robert A. Pearis vs Daniel D. Page et al**
The Court permits the said plaintiff by his attorney to withdraw the Bill of Exchange in which this action is founded, by his leaving an attested copy thereof with the Clerk of this
**Joseph A. Piner et al vs Henry T. Darral et al**
The Court permits the said plaintiffs to withdraw the note on which this action is founded, upon his leaving an attested copy thereof with the Clerk of this Court.
**Jacob Fockler vs William H. Fockler admr et al**
Now at this day comes Trustee Folk a Horney of the said plaintiff and suggests to the Court the death of the said plaintiff and the same as not denied.
**Wm Millburn et al. Comr's of Section 16 &c vs Elizer Blenchard**
The plaintiff files a motion for new trial.
**Wm Milburn et al Comr's of 16. Sec act vs Charles J. Carpenter**
The plaintiff file a motion for new trial
**William Willburn etal Comr's of 16 Section &c vs Joseph A. Hardy**
The plaintiff file a motion for new trial.
**Wm Milburn et al Comrs of 16th Section &c vs Christopher C. Mc Clark**
The plaintiff file a motion for new trial
**Wm Milburn et al Comr. of 16. Section &c vs John Hogan**
The plaintiffs file a motion for new trial.
**Washington F. Adams vs John F. Dorley et al**
The Court having duly heard and considered the demurrer of said plaintiffs to the answer of said defendants and counter claim and having there of fully aforesaid, to the order that said demurrer be continued.
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> Handwritten Page Number on Record Book: 346
The Court met pursuant to adjournment, Present as before.
**Ida Riggen vs. Andrew J. Coms and Francis T. Mann.**
On Note. Now at this day come said parties by their respective attorneys and neither party requiring a Jury, this cause is submitted to the Court on the pleadings and proofs, and the Court having duly heard and considered the issue doth find the issue joined in form of said defendant. It is, therefore, considered by the Court that said plaintiff recover nothing by his suit on this behalf, but that said defendant go hence without day and recover of said plaintiff their costs and charges herein expended and have execution therefor. Finding of facts filed.
**Francis Otto Stephan vs. Amarie Louise Stephan**
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 the Court doth order the petition of said plaintiff be taken against said defendant as confessed.
**Elizabeth Louise vs. Antoine Louise et. al.**
The plaintiff files proof satisfactory to the Court that the order of publication heretofore made in this cause has been published according to law.
**William Wurte and Charles Knapp Jr. comprising the firm of Knapp & Wade vs. Eleazer J. Beards and George N. Beards, trading in firm of Benorst & Brow.**
Now at this day come the said parties by their respective attorneys and neither party requiring a Jury this cause is submitted by the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth assess the damages of said plaintiffs by reason of the premises in their petition mentioned at the sum of Two hundred and thirty five dollars and forty six cents. It is therefore, considered by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as assessed and their costs and charges herein expended and have thereof execution. Finding of facts filed.
Bernardo Flores who is personally known to the Court, acknowledges, in open Court, the execution of a deed of Emancipation to a certain above named Elizabeth.
**Stephen Haskell and James M. Francises. vs. John Smiger, George Smiger, Anaprias Rice and William Smiger**
On Note. Now at this day come the said parties by their respective attorneys, and the said defendants by their attorneys, withdraw the answer filed herein, and thereupon this cause is submitted 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 thousand and sixty four 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 have execution therefor.
By consent of parties, it is ordered by the Court that execution be stayed herein until the first Monday in October, Eighteen hundred and fifty eight.
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> Handwritten Page Number on Record Book: 347
**Stephen Haskell and James M. Franciscus vs. John Smiger, Anaprias Rice and J. R. Hendores**
On Note. Now at this day come the said parties by their respective attorneys, and the said defendants by their attorneys, withdraw the answer filed herein, and thereupon this cause is submitted 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 thousand and fifty one dollars. It is therefore considered by the Court that said plaintiffs reason of said defendants the sum aforesaid in form aforesaid as found and their costs and charges herein expended and have execution therefor. By consent of parties execution is stayed until the first Monday in October, eighteen hundred and fifty eight.
**Stephen Haskell and James M. Franciscus vs. John Smiger, Anaprias Rice and John M. Krum**
On Note. Now at this day come said parties by their respective attorneys, and the said defendants to withdraw the answer filed herein, and thereupon this cause is submitted to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing and which this action is founded that said defendants are indebted to said plaintiffs in the sum of one thousand and sixty six 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 have execution therefor.
By consent of parties execution is stayed until the first Monday in October 1858.
**Stephen Haskell and James M. Franciscus vs. John Smiger, George Smiger and Anaprias Rice**
On Note. Now at this day come the said parties by their respecttive attorneys, and the said defendant to withdraw the answer filed herein, thereupon this cause is submitted 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 three dollars and seventy 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 have execution therefor. By consent of parties execution stayed until the first day of October, eighteen hundred and fifty eight.
**Stephen Haskell and James M. Franciscus vs. John Smiger**
On Note. Now at this day come the said parties by their respective attorneys, and the said defendants withdraw the answer herein, thereupon this cause is submitted 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 four dollars and twenty five cents. It is therefore, considered 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 have execution therefor. By consent of parties the execution in this cause is stayed until the first Monday in October eighteen hundred and fifty eight.
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> Handwritten Page Number on Record Book: 348
**In the matter of the assignment of Thomas Norman**
Now at this day comes Thomas Ryan, assignee herein, and files a bond conditioned according to law, which is approved by the Court, and on the application of said assignee fix an order of rule, the Court doth order that the estate and effects assigned, consisting of the most part of a stock of queensware and glassware, he sold at private sale, in the usual caused of trade, from day to day until the first day of January, eighteen hundred and fifty eight.
**John M. Harris vs. B. Gelfort gar & c**
Dismissal of answer filed.
**Daniel Bloodgett vs. Isaac T. Greene**
Now at this day come the said parties by their respective attorneys and neither party requiring a Jury this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same and being thereof fully advised, doth assess the damages sustained by said plaintiff by reason of the premises in his petition mentioned at the sum of eight hundred and sixty seven dollars and sixty two cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assess and his costs and charges herein expended and have execution therefor.
Finding of facts by the Court filed.
**William R. Maytintral vs. William Lingo**
Default. Now at this day comes said plaintiff by his attorney but the said defendant, although duly summoned and called comes not but makes default, wherefore, the Court doth order the petition of said plaintiff be taken against said defendant as confessed.
**Maria Bayland vs. Nelson Bayland**
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 the Court doth order the petition of said plaintiff be taken against said defendant as confessed.
**John Down vs. William Wade**
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.
The Court met pursuant to adjournment. Present as before.
**Luther M. Shreeve vs. Frederick H. Ingle et. al.**
The Court having duly heard and considered the demurrer of said defendants to the petition of said plaintiff and being thereof fully advised, doth order the said demurrer be sustained.
Leave is given said plaintiff to file an amended petition herein.
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> Handwritten Page Number on Record Book: 349
**Thomas Alexander vs James F. Todd, Welliam Roy and James Mc Wahan.**
Order of Publication. It appearing to the satisfaction of the Court from the affidavit of said plaintiff that said defendants are own residents 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 the said defendants be notified by the publication of this order, that said plaintiff, has instituted suit against them in the St. Louis Circuit Court othe object of which is to recover of said defendants the sum of Two. two hundred and ninety four dollars and forty five cents, on account of a certain promissery note executed by the said defendants to the said plaintiffs, for said sum with ten percent interest, 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 Fourth Monday in February next, and on or before the third day thereof, answer the petition of said plaintiff the same will be taken against them as confessed; and the property attached at the commencement of this suit, as belonging to the said defendant, will be sold to satisfy the said debt, interests and costs. It is further ordered by the Court, that a copy of this order be published according to law in the Missouri Democrat.
**Thomas B. Carter et al vs Frank Spencer**
On motion of said plaintiffs by their attorney it is ordered by the Court that a dedimus issue herein to the state of to take depositions of witnesses on the part of said plaintiffs.
**David B. Fisk et al vs Frank Spencer**
On motion of said plaintiffs by their attorney it is ordered by the Court that a dedimus issue herein to the state of to take depositions of witnesses on the part of said plaintiffs.
**William H. Bolton vs Frank Spencer**
On motion of said plaintiffs by their attorney it is ordered that a dedimus issue herein to the State of to take depositions of witnesses on the part of said plaintiffs.
**Ashley C. Sugg and Addison J. Harris vs John J. Roe**
Now at this day come again said parties by their respective attorneys, and thereupon come also, a Jury to wit: Henry Trimeyer, Benedict Schulty, Wm M Carten, James Mc Murtry, James Joint, Adolph Harman, Gabriel D Darlington, M. Chaimberlin, James E. Clark, Adam C. Caughlin Henry Teazle and B. H. Cowning, twelve good and lawful men who being duly elected, tried and sworn the issues joined well and truly to try the trial of this cause progreseed, But the said plaintiffs say they will not prosecute further their suit in the behalf, It is, therefore, considered by the Court that said plaintiffs take nothing by their said suit in this behalf, but that the said defendant go hence without day and recover of said defendant his costs and charges herein expended and have thereof execution. Motion for new trial filed.
**William Grosser vs Ann Grosser**
Replication filed.
**Christopher F Blanchard vs Henry S. Hamilton, gar &c**
On motion of said plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Rudolph Meyer vs The Ohio and Mississippi Rail Road Company**
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.
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> Handwritten Page Number on Record Book: 350
**James Graham vs Jacob Ingraham**
By consent of parties, it is ordered by the Court that this cause be continued until the next term of the Court.
**Ann Maria Rank vs John Nicholas Rank**
By consent of parties, it is ordered by the Court, that this cause be continued until the next term of the Court.
**Christopher F. Blanchard vs Charles E. Comley and Stephen F. Watson**
Dismissal.- Now at this day comes the said plaintiff by his attorney and on the said attorney's motion, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Louis G. Picot vs Henry Philip Nortman etal**
On motion of said defendants by their attorney, it is ordered by the Court, that this cause be continued, until the next term of the Court.
**Samuel Rodgers and Bernard Noel vs Francis Watkins**
Now at this day come again said parties by their respective attorneys and neither party requiring a Jury, this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, and being thereof fully advised, doth find the issue herein joined in favor of said defendant. It is, therefore, considered by the Court that the said plaintiffs take nothing by their suit in this behalf, but that said defendant go hence without day and recover of said plaintiffs his costs and charges herein expended and have execution therefor.
**James Ridgeuray vs John Sigerson**
Confession of Judgment. Now at this day comes the said defendant and files a statement, in writing, duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of One thousand and forty dollars, and consents that Judgment may be rendered against him for that sum. It is, therefore, considered by the Court that said plaintiff recover of the said defendant the sum aforesaid, in form aforesaid as confessed and his costs and charges herein expended and have execution therefor. It is further ordered by the Court that the said Judgment ten percent interest until paid, and by consent of parties execution is stayed for twelve months.
**Daniel Blodgett vs Isaac T. Greene**
The said defendant files a motion for a new trial of this cause, and the Court having duly heard and considered the same, and being thereof fully advised doth order that said motion be overruled.
**Henry Boernstein vs Simon Eimer**
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 the Court doth order the petition of said plaintiff be taken against said defendant as confessed.
**John Scott, Clinghum Scott and William C. Scott vs Thomas M Caldwell and James partners under the firm of Caldwell Cummings & Co**
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 that process cannot be served upon the said defendants, It is, therefore, on motion of said plaintiffs by their attorney ordered that said defendants be notified of the commencement of this suit, the object of which is to recover of them the
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> Handwritten Page Number on Record Book: 351
the sum of Two-thousand and one hundred and forty five dollars and eighty two cents, on account of moneys paid and expended and for commissions due plaintiffs as factors and commission merchants of defendants, and that their property has been attached; and unless they be and appear, at the next term of this Court to be begun and held at the City of St Louis, on the fourth Monday in February next, and on or before the sixth day thereof, answer 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. It is further ordered that a copy hereof be published according to law in the Missouri Democrat.
**William C. Wells vs Joseph Rowe, gar &c**
Denial of answer filed.
The Court met pursuant to adjournment. Present as before.
**Daniel Blodgett vs Isaac T. Greene**
Bill of Exceptions filed.
**Charles Whitmore & al vs Green Chitwood and Levy L. Ashbrook and Levy Ashbrook, gar of Chitwood**
Default. Now at this day come the said plaintiffs by their attorney, but the said garnishees although duly notified and solemnly called come not, but make default, wherefore the Court doth order the allegations of said plaintiffs be taken against said garnishees as confessed.
**James H. Gower vs Daniel D. Page, Henry D. Bacon and Thomas Brown**
On Note.- The Court having duly heard and considered the motion of said defendants to strike out the petition of said plaintiffs and being thereof fully advised, doth order that the same be over-ruled And thereupon the said defendants being duly notified and solemnly called come not, but make default, wherefore, the Court doth order the petition of said plaintiff be taken against said defendants as confessed, and the Court finds 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 nine dollars and thirty-three 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 have execution therefor.
**William Murphy vs Daniel D. Page, Henry D. Bacon and Thomas Brown**
On Note.- The Court having duly heard and considered the motion of said defendants to strike out the petition of said plaintiff and being thereof fully advised doth order that said motion be overruled and thereupon, the said defendants being duly notified and solemnly called come not but make default, wherefore the Court doth order the petition of said plaintiff be taken against said defendants as confessed, and the Court 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 eighty four dollars and twenty two cents
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> Handwritten Page Number on Record Book: 352
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 have execution therefor.
**Stephen Hayt and George Collon Greene, partners &c Wilson A. Charleville**
On account.- Now at this day comes the said defendant and withdraws the plea in abatement filed herein by him, thereupon comes the said plaintiffs by their attorney, but the said defendant although duly notified and solemnly called comes not, but makes default, wherefore the Court doth order the petition of said plaintiffs be taken against said defendant as confessed, And the cause is submitted to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, and being thereof fully advised, doth assess the damages of said plaintiffs by reason of the premises set forth in their petition at the sum of Twelve hundred and fourteen dollars and forty five cents. It is, therefore, considered 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 have execution therefor against the property attached at the commencement of this suit, and any other brother property of the said defendant.
**Nelson A. Britt vs John Brooks &al**
Motion to set Judgment by default and affidavit in support thereof.
**Dominique Urban vs Ferdinand Welcker, John Halliday and John W. Seubert**
Default. Now at this day comes the said plaintiff by his attorney but the said defendants although duly summoned and called comes not but make default, Wherefore the Court doth order the petition of said plaintiff be taken against said defendant as confessed.
**Dominique Urban vs Ferdinand Welcker, John Halliday, Washington M. Olmstead admr of Louis Almsted, Francis Mayer and John W. Seubert.**
Default.- 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, the Court doth order the petition of said plaintiffs be taken against the said defendants, Ferdinand Welcker John Halliday, Washington M. Olmsted admr of Louis Olmsted and John W. Seubert, as confessed.
**Samuel Goulding &al vs Elijah G. Tuttle, &al gar &c**
The said defendant Elijah G. Tuttle files an answer herein.
**Elizabeth Lorain vs Antoine Lorain, John B. Lorain, Paul Lorain, Michael Lorain, Louis Lorain, Thomas Madley and Mary his wife, Samuel Belleville and Josephine his wife, William Belleville and Adelia his wife, Andrew Presse and Cecil his wife, John Adolph and Hmanda his wife, Thereon Onore, Joseph Lorain, Ellen Lorain, Harriet Lorain, Emily Lorain and Theodele Lorain.**
Now at this day come said plaintiff by her attorney but the said defendants although duly notified and called come not, but make default, wherefore the Court doth order the petition of said plaintiff be taken against said defendants as confessed, and thereupon this cause is submitted to the Court upon the pleadings and the Court having duly heard and considered the same and being thereof fully advised doth find the issue in favor of said defendants. It is,
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> Handwritten Page Number on Record Book: 353
therefore, considered by the Court that said plaintiff take nothing by her suit in this behalf, but that said defendants go hence without day and recover of said plaintiff their costs and charges herein expended and have execution therefor.
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> Handwritten Page Number on Record Book: 354
The Court met pursuant to adjournment. Present as before.
**George D. Little &al vs Armstrong &al**
Order of Sale.- Now at this day comes James Castello, Sheriff of St. Louis County and files a statement whereby it appears to the Court that the property levied upon by virtue and authority of the attachment issued in this cause is likely to depreciate in value before the probable termination of this suit, and that the keeping of the same would be attended with much expense. It is, therefore, ordered by the Court that the said James Castello, Sheriff as aforesaid do proceed to sell said property so levied upon, in conformity to the Statute in such case made and provided.
**In the matter of the application of George S. Case**
Substitution of Trustee. It appearing to the satisfaction of the Court from the statement of George S. Case, duly verefied by affidavit that John S. Talbot, trustee in a certain deed of trust, executed by Josephus W. Hall and Mary C. his wife, which said deed is recorded in the Recorder's office of the County of St Louis in Book One hundred and seventy nine page Three hundred and seventy four of the records of said County, has departed this life, without having completed the performance of the duties imposed upon him by said deed of trust, It is, therefore, ordered that James Castello, Esquire, Sheriff of Saint Louis County, be and he is hereby substituted trustee in the place of said John S. Talbot, with the like trusts and powers, according to the Statute in such case made and provided.
**Dawn & Farrel vs Mardoch & Dickson gar &c**
The said garnishees file an answer herein.
**Geoge D. Little &al vs Armstrong &al [gar &c ?]**
Application for an order of sale filed.
**Hull R. Jackson vs Nathaniel C. Covington**
Depositions on part of plaintiff, filed.
**Henry Oher Brisiling vs Johan Kampeter**
Motion to set aside Judgment, filed.
**Hyacinthe Pigion's excautrix Amelie Pigeon vs Daniel D. Page, Henry D. Bucon, Edward Hyman and Thomas Brown**
On Certificate of Deposit.- Now at this day come the said parties by their respective attorneys, and the said defendants consent and agree that Judgment may be reordered against them and in favor of said plaintiffs in the sum of eleven hundred and seventy five dollars and seventy-seven cents. It, is, therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as agreed upon and her costs and charges herein expended and have thereof execution.
**State to use of James T. Sweringen &al vs Mark Moss &c**
Depositions filed.
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> Handwritten Page Number on Record Book: 355
**Morris Langham, Senr &al vs Joseph L. Papin gar &c**
By consent of parties this cause is continued until the next term of the Court.
**Henry C. Strche vs Christian Schumacher &al**
It is ordered by the Court that this cause be continued until the next term of this Court.
**James D. Houseman &al vs James Hewett &al**
By consent of parties, this cause is continued until the next term of this Court.
**James Caldwell vs The City of St Louis**
It is ordered by the Court that this cause be continued until the next term of the Court.
**William Wade, &al vs The Saint Louis Mutual Fire and Marine Insurance Company.**
Continued until the next term of this Court, at the costs of plaintiffs.
**The City of Saint Louis, to the use of James C. Campbell vs John W. Williams and Joll G Harper**
Now at this day come said parties by their respective attorneys, thereupon come also a Jury, to wit: Henry Theimeyer, Benedict Schultz, William M Carton, James Mc Murtry, James Joint, Adolph Harmon, Gabriel Darlington, James E. Clark, Adam C. Canghlin, Henry Teuzel, William Casperson and John Simmons, twelve good and lawful men, who being duly elected, tried and sworn the matters in controversy well and truly to try the trial of this cause progressed, and being finished the Jurors aforesaid upon their oaths aforesaid find the issue herein joined in favor of said plaintiff and assess his damages by reason of the premises in his petition mentioned at the sum of sixty five dollars and fifty 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 have execution therefor.
**The State of Missouri on the relation for the use of Adam Worst vs Benjamin B. Hicks, L. Bubcock and Henry H. Williams**
Dismissal.- Now at this day, this cause came on for hearing, and the said parties were solemnly called, but failed to appear herein, Wherefore, it is ordered by the Court that this cause be dismissed for want of prosecution, at the costs of said plaintiff and that execution issue therefor.
**James G. Faige &al vs Theodore R. Posey**
It is ordered by the Court that this cause be continued until the next term of this Court.
**Charles Speck &al vs The Steamboat James E. Woodruff**
On motion, it is ordered by the Court that this cause be continued until the next term of the Court, at the costs of said defendant.
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> Handwritten Page Number on Record Book: 356
**James Castello, Sheriff of Saint Louis County to the new of John Boon vs Purie Obachm and James H. Lucas**
Now at this day come the said defendants by their attorney, and it appearing to the satisfaction of the Court that the said plaintiff has failed to file an amended petition herein, within the time prescribed by the Court, It is, therefore, or motion of said defendants ordered by the Court that this cause be dismissed, at the costs of said plaintiff and that execution issue therefor.
**George F. Boulier vs Francis A. Hunt &al**
On motion, it is ordered by the Court that this cause be continued until the next term of the Court, at the costs of said plaintiff and that execution issue therefor.
**Rodgers &al vs Hedenberg**
Now at this day comes the plaintiffs attorney and suggests the death of Chapman, and the same is not denied.
The Court met pursuant to adjournment. Present as before.
**The Saint Louis and Iron Mountain R. R. Co vs Napoleon Mullikin**
The Defendant files an answer herein.
**Michael Hollacher vs Theodore Gennera &al**
Notice of the election to try cause against Holske only, filed.
**John Lowrie vs Daniel D. Page, Henry D. Bacon, Edward Hyman and Thomas Brown**
On Note.- Now at this day come said parties by their respective attorneys, and the said defendants withdraw the answer filed in this cause and consent and agree that Judgment may be rendered against them for the sum of Two-hundred and fourteen dollars. It is, therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as agreed upon and his costs and charges herein expended and have execution therefor.
**Henry O. Brokling vs Johan Hampster**
Now at this day comes the said plaintiff by his attorney and remits the sum of Sixth four dollar, on the Judgment heretofore obtained by him in this behalf, against the said defendant.
**The St Louis & Iron Mountain R. R. Co vs A. H. Menkins &al**
The Defendants file an answer herein.
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**Viewer Page 364** (rcdbook1856_26_0363.jpg)
> Handwritten Page Number on Record Book: 357
**Mauntel Bulte & Co vs Jacob Schneider**
Affidavit of co-partnership filed.
**Thomas C. Reynolds vs William A. Luin**
The Defendant files an answer herein.
**George Ballas vs Lavina Ballas**
Replication filed.
**Russell Henckley vs Zachariah Moore, Joseph Moore and David T. McCullough**
On Note.- Now comes again said plaintiff by his attorney and 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 eighty five dollars and seventy 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 have execution therefor.
**Herkes Stout vs Daniel D. Page and Henry D. Bacon**
On Certificate of Deposit.- The Court having duly heard and considered the motion of said plaintiff by his attorney for Judgment, notwithstanding the answer of said defendant and being thereof fully advised, doth order that said motion be sustained. And the Court finds 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 twelve dollars. 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 have execution therefor.
**John C. Hays and William Hays. vs Daniel D. Page, Henry D. Bacon Edward Hyman and Thomas Brown**
On Certificate of Deposit. The Court having duly heard and considered the motion of said plaintiff to strike out the answer of said defendants and for Judgment and being thereof fully advised, doth order that said motion be sustained. And the Court finds from the instrument of writing on which this action is founded that said defendants are indebted to said plaintiffs in the sum of Three thousand six hundred and ninety four dollars and eighty six 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 have execution therefor.
**Franklin Grube vs Frederick and M. Meyer**
The Court having duly heard and considered the motion filed herein by said defendants to dismiss this cause, and being thereof fully advised doth order that said motion be overruled.
**William Jones vs Thomas Rutherford and John Matthews**
The Court having duly heard and considered the plaintiffs demurrer to the counter claim of the defendant, and being thereof fully advised doth order that said demurrer be sustained.
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**Viewer Page 365** (rcdbook1856_26_0364.jpg)
> Handwritten Page Number on Record Book: 358
**William H. Smith &al vs The Steam boat E. A. Ogden**
Motion to quash plaintiffs petition, filed.
**Charles H. Speck &al vs Steam Boat James Woodruff**
The Court having duly heard and considered the motion of said to suppress the depositions filed herein in behalf of said, and being thereof fully advised, it doth order said motion be sustained.
**In the matter of Wm J. Brooks**
Habeas Corpus.- The parties at this day come into Court, and the Court having duly heard and considered the application of said petitioner and the proofs in this matter doth find that about the year eighteen hundred and fifty-three that William P. Brooks was duly appointed by the Probate Court of St Louis County the guardian of the person of George Brooks, a bay aged about fifteen years; that Jackson Farrar came upon the premises of said petitioner and by force and string hand took the said ward from the lawful custody of said petitioner, and unlawfully restrains him of his liberty. It, therefore, is considered by the Court that said ward be discharged by said Jackson Farrar from restraint and delivered to the said William P. Brooks. It is further ordered by the Court that said respondent pay the costs of this proceeding.
**Otis W. Lane vs Hannah J. Lane**
Divorce.- Now at this day come again said plaintiff by his attorney and submits this cause to the Court upon the pleadings and proofs, and the Court having proceeded to hear the testimony in this cause, and having been satisfied from such testimony that said plaintiff is an innocent and injured party if doth consider and adjudge and decree that said plaintiff be absolutely and forever divorced from the bonds of matrimony by him contracted with said defendant and restored to all the rights and privileges of an unmarried person. And it is further considered by the Court that said plaintiff pay the costs and charges of this proceeding and that exceution issue therefor
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**Viewer Page 366** (rcdbook1856_26_0365.jpg)
> Handwritten Page Number on Record Book: 359
The Court met pursuant to adjournment. Present as before.
**Benjamin S. Garland vs Charles Semple**
The defendant files an answer herein.
**George Witman vs Daniel Shattock**
Defendant files an answer herein.
Nelson Tindall who is personally known to the Court, acknowledges, in open Court, acknowledges the execution by him of a deed of emancipation in favor of Mahald Coffey, a mulatto woman, aged thirty six years five feet three inches highs; and also her five children called Mary Coffey, Lavina Coffey, John Coffey, Alvin Coffey and Stephen Coffey, all mulattoes.
**The Bank of the State of Missouri vs Daniel Shottuck, Jules Hebert, Alonzo H. Hood and Anaprias Rice**
On Note. Now at this day comes the said plaintiff by her attorney, and on his motion this cause is dismissed as to the said defendants Jules Hebert, and the said other defendants although duly summoned and called come not, but make default, wherefore the court doth order the petition of said plaintiff be taken against said defendants as confessed, and the Court finds 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. It is, therefore considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and their her costs and charges herein expended and have execution therefor.
**Granville Becler vs John M. Faul**
The plaintiff files a reply herein.
**Michael Murphy vs Archie Campbell et. al.**
On motion of said plaintiffs by his attorney it is ordered by the Court that a Dedimus issue herein to the State of Ohio, to take depositions of witnesses, on the part of said plaintiff.
**Thomas E. Owens vs James H. M. Chere**
On account. Now at this day comes again said plaintiff by his attorney, but said defendant although duly notified and called, comes not, wherefore on motion of said plaintiff by his attorney this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth assess the damages of said plaintiff by reason of the premises mentioned in his petition at the sum of One hundred and ninety seven dollars and thirty five cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assessed and his costs and charges herein expended and have execution therefor.
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**Viewer Page 367** (rcdbook1856_26_0366.jpg)
> Handwritten Page Number on Record Book: 360
**William H. Smith et al vs The Steam Boat E. A. Ogden**
The Court having duly heard and considered the demurrer herein filed by the said defendant to the petition of said plaintiffs and being there of fully advised, doth order that said motion be overruled.
**Semrie Hall vs William H. Denver**
Now at this day comes the said defendant by his attorney, and by leave of Court withdraws the motion for security for costs filed in this behalf. And the said plaintiff by his attorney comes and files by leave of Court additional reasons in support of his motion to strike out the defendant plea, and the Court having duly heard and considered the same, and being thereof fully advised, doth order that said motion be sustained. Twenty days are allowed said defendant to file and answer herein. Bill of Exceptions filed.
**John L. Chandler and Robert B. Dunham vs John Baker**
On Note and Account. Now at this day come again said plaintiffs by their attorney, but the said defendant although duly notified and solemnly called comes not, wherefore, on motion of said plaintiffs by their attorney, this cause is submitted to the court upon the pleadings and proofs, and the Court having duly heard and considered the same that said defendant is indebted to said plaintiffs in the sum of Three hundred and sixty seven dollars and thirty five cents. It is therefore, considered 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 have thereof execution.
**Nathaniel H. Burtis etal vs Thomas Norman**
Now at this day come the said plaintiffs by their attorney and remit the sum of Two hundred and fifty nine dollars, upon the Judgment heretofore obtained by them against the said defendant.
**George Smiger vs H. C. Taylor**
The Court having duly heard and considered the demurrer of the said plaintiff to the answer and off-set of the said defendant and being thereof fully advised of and concerning the same, doth order that said demurrer be over-ruled.
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**Viewer Page 368** (rcdbook1856_26_0367.jpg)
> Handwritten Page Number on Record Book: 361
The Court met pursuant to adjournment. Present as before.
**John Wolff and John J. Hoppe vs Solmon Isaacs**
On Account. Now at this day come again said plaintiffs but the said defendant although duly notified and called comes not, wherefore, on motion of said plaintiffs this cause is submitted to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth assess the damages sustained by reason of the premises mentioned in their petition at the sum of One hundred and seventy seven dollars and thirty two cents. It is, therefore, considered 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 have execution therefor against against the property attached at the commencement of this suit and against any other property of said defendant.
**Sumens C. Hirkand and John W. Luke vs Joseph Shinkle**
On Account. Now at this day come said plaintiffs by their attorney but the said defendant although duly summoned and called comes not but makes default wherefore on motion, the Court doth order the petition of said plaintiffs be taken against said defendant as confessed, and this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth assessed the damages of said plaintiffs by reason of the premises in their petition mentioned at the sum of Three Thousand two hundred and sixty eight dollars and two cents. It is, therefore, considered 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 have execution therefor against the property attached at the commencement of this suit, as well as against any other property of said defendant.
**George C. Reed and Theodore Yates vs Solmon Isaacs**
On Account. Now at this day come said plaintiffs by their attorney, but the said defendant although duly summoned and called comes not but makes default, wherefore the Court doth order the petition of said plaintiffs be taken against said defendant as confessed, and this cause is submitted to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth assess the damages of said plaintiffs by reason of the premises mentioned in said plaintiffs petition at the sum of Twelve hundred and Thirty eight dollars and seventeen cents. It is, therefore, considered 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 have execution therefor against the property attached at the commencement of this action, as well as against any other property of said defendant.
**Edward V. Bryan etal vs Henry S. Martin etal**
On motion of said plaintiffs by their attorney it is ordered by the Court that an alias writ of summons issue, herein against the defendants not served with process.
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**Viewer Page 369** (rcdbook1856_26_0368.jpg)
> Handwritten Page Number on Record Book: 362
**Ophelia Kennedy vs Alexander Kennedy**
Divorce.- Now at this day comes the said plaintiff by her attorney, but the said defendant although duly notified and solemnly called comes not, wherefore on motion of said plaintiff by her attorney, this cause is submitted to the Court upon the pleadings and proofs, and the Court having heard said proofs and being satisfied there from that said plaintiff is an innocent and injured party, it is, therefore, considered, adjudged and decreed that said plaintiff be absolutely and forever divorced from the bond of matrimony by her contracted with the said defendant, and restored to all the rights and privileges of an unmarried person. It is further ordered by the Court that the plaintiff pay the costs of this proceeding and that execution issue therefor.
**George B. Murray vs Henry C. Lynoh and Geo W. Lynch**
The Court having duly heard and considered the motion of said defendants to dismisses the petition of said plaintiff and having duly heard and considered the same and being thereof fully advised doth order that said motion be overruled.
**Emanuel De Hodiamant vs George W. Lynch and Henry C. Lynch**
The Court having duly heard and considered the motion of said defendants to dismiss the cause, and being thereof fully advised of and concerning the same, doth order that said motion be overruled.
**George B. Murray vs George W. Lynch and Henry C. Lynch**
The Court having duly heard and considered the motion of said defendants to dismiss the cause, and being thereof fully advised of and concerning the same doth order that said motion be overruled.
**George B. Murray vs Henry C. Lynch &al**
The Court having duly heard and considered the motion of said defendants to dismiss this cause and being thereof sufficiently advised, doth order that said motion be overruled.
**Cleander Mighells vs Lorenzo D. Jones**
Motion to amend record, and affidavit in support of the same.
**Simon Meyberg vs S. Isaacs**
On Account.- Now at this day comes the said plaintiff but the said defendant although duly summoned and called comes not but makes default, wherefore, the Court tdoth order the petition of said plaintiff be taken as confessed, and this cause is submitted to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth assess the damages of said plaintiff by reason of the premises mentioned in his petition at the sum of Two-hundred and sixty one dollars and eighty six cents. It is therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assessed and his costs and charges herein expended [again ?] and have extension therefor against the property attached at the commencement of this such as well as any other property of said defendant.
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**Viewer Page 370** (rcdbook1856_26_0369.jpg)
> Handwritten Page Number on Record Book: 363
**Carl Wittig vs John Ruedi**
The Court having duly heard and considered the motion of the said defendant to set aside the Judgment by default rendered in this cause, and being thereof fully advised, doth order that said motion be over-ruled. Whereupon the said parties appear by their respective attorneys, and neither party requiring a Jury, this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth assess the damages sustained by said plaintiff by reason of the premises in his petition mentioned at the sum of Two-hundred and ten Dollars and forty cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assessed and his costs and charges herein expended and have execution therefor.
**Margaret Hill by her next friend Vincent Duncan vs Mitchel Hill**
Dismissal.- Now at this day comes the said plaintiff by her attorney, and on his motion, it is ordered by the Court that this cause be dismissed at the costs of the said plaintiff and that execution issue therefor.
**Abram G. Switzer, William N. Switzer and John M. Matt vs William C. Kennett and Thomas J. Dix.**
Confession of Judgment.- Now at this day come the said plaintiffs by Charles D. Drake their attorney and filed their petition against said defendants, and thereupon Samuel Holmes, one of the attorneys of this Court, appeared in Open Court, in behalf of said defendants, and by virtue of a warrant of attorney, for that purpose executed by the said defendants and now produced in Open Court, and duly proved waived the issuing and service of process, and acknowledged that the said defendants are indebted in manner and form, as the said plaintiff have in their petition mentioned and confessed that the said plaintiffs have sustained damages by reason thereof in the sum of One Thousand four hundred and seventy seven Dollars and thirty four cents. It is, therefore, considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as confessed and their costs and charges herein expended and have execution therefor.
**Joseph F. Gibbs vs Catherine S. Gibbs**
Divorce.- Now at this day comes the said plaintiff by his attorney, but the said defendant although duly summoned and called comes not, wherefore on motion of said plaintiff by his attorney this cause is submitted to the Court, and the Court having proceeded to hear the testimony in this cause, and being satisfied from such testimony that said plaintiff is an inncoent and injured party, it doth consider, adjudge and decree that said plaintiff be absolutely and for ever divorced from the bonds of matrimony by him contracted with the said defendant and restored to all the rights and privileges of an unmarried person. And it is further ordered by the Court that the said plaintiff pay the costs and charges of this proceeding and that execution issue therefor.
**John. Wolff and John J. Hoppe vs Sebastian Wilz**
On Account.- Now at this day come again said plaintiffs by their attorney, but the said defendant although duly summoned and called comes not, Wherefore on motion of said plaintiffs' attorney this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth assess the damages of said plaintiffs by reason of the premises in their petition mentioned at the sum of One hundred and eighty four Dollars and twenty cents. It is, therefore, considered by the Court that said plaintiffs recover of
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**Viewer Page 371** (rcdbook1856_26_0370.jpg)
> Handwritten Page Number on Record Book: 364
said defendant the sum aforesaid in form aforesaid as assessed and their costs and charges herein expended and have execution therefor.
**Goethe vs Reichard**
By consent of parties the order changing the venue of this cause to the St Louis Court of Common Pleas is set aside, and it is ordered by the Court that this cause be placed upon the trial docket of this term of the Court.
**Daniel Blodgett vs Isaac T. Greene**
Appeal to the Supreme Court.- Now at this day comes the said defendant and prays the Court for an appeal to the Supreme Court from the Judgment herein rendered, and the Court being thereof fully advised doth order that said appeal be granted thereupon the defendant files a bond which is approved by the Court.
**Gottlieb Freuntrup vs Charles Skinkle**
On Account.- Now at this day comes the said plaintiff, but the said defendant although duly summoned and called comes not, Wherefore on motion of said plaintiff by his attorney this cause is submitted to the Court, and the Court having duly heard and considered the same, doth assess the damages of said plaintiff by reason of the premises mentioned in his petition at the sum of one hundred and eighty two dollars and twenty five cents. It is, therefore, considered 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 have execution therefor.
**Norman J. Coleman vs Daniel D. Page, Henry D. Bacon and Thomas Brown**
Dismissal.- Now at this day comes the said plaintiff by his attorney, hand on his motion, it is ordered by the Court that this cause be dismissed at the costs of the said plaintiff and that execution issue therefor.
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**Viewer Page 372** (rcdbook1856_26_0371.jpg)
> Handwritten Page Number on Record Book: 365
Court met pursuant to adjournment. Present as before.
**Louis Theemeyer vs Herman Hellenkamp**
Dismissal.- On motion of said plaintiff by his attorne, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Mary Dawes vs I. Bernreither etal**
Answer filed
**Kate Dawes vs I. Bernreither etal**
Answer filed.
**Abigail Walther vs Carlos F. Walther**
Answer and cross bill filed.
**Robert P. Hall and Eustace H. Smith vs Wilton Hawley and Robert Herien**
Order of Sale.- Now at this day comes James Castello, Sheriff of Saint Louis County, and files a statement whereby it appears to the Court that the property levied upon by virtue and authority of the attachment issued in the above entitled caused is likely to depreciate in value before the probable termination of this suit and that the keeping of the same would be attended with much expense. It is, therefore, considered by the Court that the said James Castello, Sheriff as aforesaid, do proceed to sell said property so levied upon, in conformity is the Statute in pack case made and provided.
**Samuel S. Spering and Thomas A. Dryden vs George Brauckmann**
On Note and Account.- 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 this cause is submitted to the Court upon the pleading and proofs and the Court having duly heard and considered the same doth find that said plaintiffs are entitled to recover of the said defendant the sum of Two Thousand and Twenty five dollars. It is, therefore, considered 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 have execution therefor.
**William L. Reslon vs Anna M Reslon**
Divorced.- Now at this day comes again said plaintiff but the said defendant although duly summoned and called comes not but makes, default, Wherefore, or motion of said plaintiff by his attorney, this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, and being satisfied from such proofs that said plaintiff is an innocent and injured party, it doth, consider, adjudge and decree that said plaintiff be absolutely and forever divorced from the bonds of matrimony by him contracted with said defendant and restored to all the rights and privileges of an unmarried person. And it is further ordered by the Court that said plaintiffs pay the costs and charges of this proceeding and that execution issue therefor.
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**Viewer Page 373** (rcdbook1856_26_0372.jpg)
> Handwritten Page Number on Record Book: 366
**Thomas M. Taylor vs Michael Bunkett**
On Note.- 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 this cause is submitted 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 fourteen dollars and twenty four cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid and that he have execution therefor.
The Saint Louis and Iron Mountain Rail Road Company vs. R. P. Barada.- The defendant files an answer herein.
**Henry Boernstien etal vs Simon Eimer**
By consent of parties, It is ordered by the Court that the Judgment by default heretofore rendered in this cause, It the present term of the Court be set aside.
**William R. Martin and William G. Martin vs William Lings**
On Account.- Now at this day come again the said plaintiffs but the said defendant although duly summoned and solemnly called comes not, wherefore, on motion of said plaintiffs this cause is submitted to the Court upon the petition, exhibits and proofs, and the Court having duly heard and considered the same, doth assess the damages of said plaintiffs by reason of the premises in their petition mentioned at the sum of one hundred and thirty four dollars and twenty eight cents. It is, therefore, considered by the Court that said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as assessed and their costs and charges herein expended and have thereof execution.
**In the matter of Thomas Noonan**
Additional appraisement filed.
The St Louis and Iron Mountain Rail Road Company. vs. Gamache.- The defendant files an answer herein.
**The Bank of the State of Missouri vs John M. Krum garnishee of Hiden P. Penn**
Garnishment on Attachment.- Now at this day comes as well said plaintiff as said garnishee by their respective attorneys, and it appearing to the Court from the answer of said garnishee that at the time he was summoned herein as such he had in his possession belonging to said defendant the sum of Four hundred and eighty eight dollars and thirty five cents. It is, therefore, considered by the Court that said plaintiff recover of said garnishee the sum aforesaid in form aforesaid as confessed, and that but of said sum it pay the costs as well of the original proceedings as of this and that it have execution therefor. The sum of Ten Dollars is allowed said garnishee for filing an answer herein.
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**Viewer Page 374** (rcdbook1856_26_0373.jpg)
> Handwritten Page Number on Record Book: 367
**Henry Eastman vs Emilus F. Kraft and Otto C. Kraft**
On Account.- Now at this day comes the said plaintiff by his attorney, but the said defendants although duly summoned and called comes not but make default, wherefore on motion of said plaintiff by his attorney this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth assess the damages sustained by said plaintiff by reason of the premises in his petition stated at the sum of Two hundred and forty one Dollars and forty cents. It is, therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as assessed and his costs and charges herein expended and have execution therefor.
**Baldwin & Meyer vs John S. Thompson**
Demurrer to counter claim, filed.
**Mary Ann Webster vs Joseph H. Webster**
Divorce.- Now at this day comes 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 that her petition be taken against said defendant as confessed, and the Court procedding to hear the proofs in said cause, and being, satisfied from such proof that said plaintiff is an inncoent and injured party, therefore it is ordered and 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 nights and privileges of an unmarried person. And it appearing to the Court that said defendant from his habits and course of life is an unsuitable person to have the came, custody and maintinance of the said infant children mentioned in the petition of said plaintiff, who are of tender years, it is further adjudged and deemed that the said plaintiff have the case, custody and maintenance of the said children and that said defendant be restrained and enjoined from interfering with the plaintiff in this behalf, until the further order of this Court. It is further ordered that said plaintiff pay the costs and charges of this proceeding and that execution issue therefor.
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**Viewer Page 375** (rcdbook1856_26_0374.jpg)
> Handwritten Page Number on Record Book: 368
Court met pursuant to adjournment. Present as before.
**Luther M. Shreve vs F. W. Ingle etal**
Answer and Demurrer, filed.
**Michael Mepham etal vs John Nevison**
Order of Sale.- Now at this day comes James Castello Sheriff of the County of Saint Louis County and files a statement whereby it appears to the Court that the property levied upon by virtue and authority of the attachment issued in the above entitled cause, is likely to depreciate in value before the probable termination of this suit and that the keeping of the same will be attended with much expense. It is, therefore, considered by the Court that the said James Castello, Sheriff as aforesaid, do proceed to sell said property so levied upon, in conformity to the Statute in such case made and provided.
**A. G. Goddin etal vs John Nevison**
order of Sale.- Now at this day comes James Castello, Sheriff of the County of St Louis, and files a statement whereby it appears to the Court that the property levied upon by virtue and authority of the attachment issued in the above entitled cause, is likely to depreciate in value before the probabale termination of this suit, and that the keeping of the same will be attended with much expense. It is, therefore, considered by the Court that the said James Castelly, Sheriff as aforesaid, do proceed to sell said property to levied upon, in conformity to the statute in such case made and provided
**Thomas J. Kyser (no 63) vs John O. Fallon Jr**
Motion to strike out amended answer and for Judgment filed.
The Saint Louis and Iron Mountain Rail Road Company. vs.- Wm Street.- Plaintiffs file a motion to strike out defendants answer and for Judgment.
**Alanson C. Stewart and William W. Stewart vs George S. Case**
Now at this day come the said parties by their respective attorneys and thereupon come also a Jury to wit: John R. Jungling, John Hartmann, John Splitt, Christian Mehl, Henry Becker, W. Gesenderfer, John Guthhertson Louis Palmer, Peter Molter, Denis Muher, F. Meyer and Daniel Maratha twelve good and lawful men who being duly elected tried and sworn well and truly to try the issue joined the trial of this cause progressed and being finished the Jurours aforesaid upon their oaths aforesaid find the issue in favor of the said defendant. It is, therefore, considered by the Court that said plaintiffs take nothing by their said suit in this behalf, but that said defendant go hence without day and recover of said plaintiffs his costs and charges herein expended and have thereof execution.
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**Viewer Page 376** (rcdbook1856_26_0375.jpg)
> Handwritten Page Number on Record Book: 369
**George Witman vs Daniel Shattuck**
Now at this day comes the said plaintiff by his attorney but the said defendant although duly summoned and solemnly called comes not, wherefore, on motion of said plaintiff by his attorney, this cause is submitted to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth assess the damages sustained by said plaintiff by reason of the premises stated in his petition at the sum of Two hundred and Twenty one dollars and twenty eight cents. It is, therefore, considered by the Court that said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and his costs and charges herein expended and that he have thereof execution.
**Simon Abeles vs Wilson Henley etal**
The Court having duly heard and considered the motion filed on the part of the said defendants to compel the plaintiff to elect which of the counts in his petition he will abide by, upon the trial of this cause, and also the further motion of the said defendants to strike out, (after the said plaintiff has made his election) the other counts in the petition, and being thereof sufficiently advised, doth order that said motions be sustained.
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**Viewer Page 377** (rcdbook1856_26_0376.jpg)
> Handwritten Page Number on Record Book: 370
The Court met pursuant to adjournment, Present as before.
**John Richards vs Robert E. McCarthy**
Motion to set aside judgment filed.
**Granville Beeler vs. John M Faull**
Dedimus.- On motion of said plaintiff by his attorney, it is ordered by the Court that a dedimus to the state of Indiana, to take deposition of witness, on the part of plaintiff.
**Harriet N. Barnard vs. Edwin R. Barnard alias Edwin Dean**
Now at this day comes it said plaintiff by her attorney but the said defendant although duly notified and solemnly called comes not, but makes default, wherefore, on motion of said plaintiff by her attorney hr petition is taken against said defendant as confessed.
**William H. Smith, Isaac Lathersham and Philip W. Clover vs. Steam Boat E. A. Ogden**
The Court having duly heard and considered the motion of said defendant to quash the affidavit to the petition and it dismiss this cause, and being thereof sufficiently advised, it both order that said motion be, and the same is hereby sustained. It is further the ordered by the Court that the plaintiff pay the costs of this proceeding and that execution issue therefore.
**Peter W. Currier vs. Daniel D. Page, Henry D. Buenos, Thomas Brown and Edward Wyman**
On Note.- Now at this day comes the said plaintiff by his attorney, and on his motion this cause is dismissed as the said defendant Edward Wyman. Thereupon the said defendants by their attorney withdraw the answer filed by them, and this cause is submitted to the Court and the Court having duly heard and considered the same both find from the instrument of writing on which this action is founded that said defendant are indebted to said plaintiff the sum of two hundred and eleven dollars. It is, therefore, considered by the Court that said defendants the sum aforesaid inform aforesaid as confessed and his costs and charges herein expended and have execution therefor.
**Henry Bornstein vs Simon Elmer**
Answer and set off filed.
**John A. Trios vs Daniel D. Page Henry D. Bacon Thomas Brown and Edward Wyman**
On Note.- Now at this day comes the said parties by their respective attorneys and the said defendants withdraw the answer herein filed by them Thereupon this cause is submitted to the Court, and the Court having duly heard and considered the same, both find from the instrument of writing on which this action is founded that said defendant are indebted to said plaintiff in the sum of two hundred and fifty six dollars and eighty four cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as founds and his costs and charges herein expended and have execution there for.
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**Viewer Page 378** (rcdbook1856_26_0377.jpg)
> Handwritten Page Number on Record Book: 371
**William S. Miller vs Daniel D. Page, Henry D. Bacon, Thomas M. Brown and Edward Wyman**
On Note.- Now at this day comes the said parties by their respective attorneys and the said defendants withdraw the answer filed herein by them, Thereupon this cause is submitted to the Court and the Court having duly heard and considered the same both find from the instrument of writing on which this action is founded that said defendant are indebted to said defendant in the sum of five hundred and four dollars and sixty eight cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as found and his costs and charges herein expended and have execution there for.
**George P. Murray vs John Holiday, August Camp and Francis Mayer**
On Note.- Now at this day comes it said plaintiff by her attorney but the said defendants John Holliday and August Camp although duly summoned and called comes not, but makes default, wherefore, the Court both order the petition of said plaintiff be taken against them as confessed.
**George P. Murray vs. John Holliday, Francis Mayer and August Camp**
On Note.- Now at this day comes it said plaintiff but the said defendants Holliday and Camp although duly summoned and called comes not, but makes default, wherefore, the Court doth order the petition of said plaintiff be taken against said defendant as confessed.
**George P. Murray vs (No 505 Act J./5) John Holliday, August Camp and Ferdinand Welter**
On Note.- Now at this day comes it said plaintiff by his attorney, but they said defendants although duly summoned and called comes not, but makes default, wherefore, the Court both order that the petition of said plaintiff be taken against said defendants as confessed.
**George P. Murray vs Thomas Bower John H. Subverts and F. Welcker**
Now at this day comes it said plaintiff by his attorney, but land on motion, it is ordered by the Court that this cause be dismissed as to the said defendant Thomas Bower, and the said other defendants although duly summoned and called comes not, but makes default, wherefore, the Court both order that the petition of said plaintiff be taken against said defendants as confessed.
**George B Murray vs George H. Lynch and Henry C. Lynch**
On Note.- Now at this day comes the said plaintiff by his attorneys but the said defendants although duly summoned and called come not, but make default, wherefore the Court both order the petition of said plaintiff be taken against them confessed, thereupon, this cause is submitted to the Court and the Court having duly heard and considered the same, both find from the instrument of writing on which this action is founded that said defendant are indebted to said plaintiff in the sum of three hundred and fifty dollars and thirty one cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as found and his costs and charges herein expended and have execution there for. It is further ordered said judgment bear ten per cent, per annum, until paid.
**George Witman vs Daniel Shattuck**
Motion to set said Judgment filed.
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**Viewer Page 379** (rcdbook1856_26_0378.jpg)
> Handwritten Page Number on Record Book: 372
**George B. Murray vs Henry C. Lynch and George H. Lynch**
On Note.- Now at this day comes the said plaintiff by his attorneys, but the said defendants although duly summoned and called come not, but make default, wherefore the court both order the petition of said plaintiff be taken against them confessed, thereupon, this cause is submitted to the court and it having duly heard and considered the same, both find from the instrument of writing in which this action is founded that said defendant are indebted to said plaintiff in the sum of fourteen hundred forty six dollars and eighty cents. It is, therefore considered by the court that said plaintiff recover of said defendants to the sum aforesaid inform aforesaid as found and his costs and charges herein expended and have execution there for. It is further ordered that said judgment bear interest at the ten percent, per annum.
**George B. Murray vs Henry C. Lynch and George H. Lynch**
On Note.- Now at this day comes the said plaintiff by his attorneys but the said defendants although duly summoned and called come not, but make default, wherefore the court both order the petition of said plaintiff be taken against them confesses, thereupon, this cause is submitted to the court and it having duly heard and considered the same, both find from the instrument of writing on which this action is founded that said defendant are indebted to said plaintiff in the sum of seven hundred and eighty three dollars and forty two cents. It is, therefore considered by the court that said plaintiff recover of said defendants the sum aforesaid inform aforesaid as found and his costs and charges herein expended and have execution there for. It is further ordered that said judgment bear interest at the ten percent, per annum until paid.
**Washington F. Adams vs John F. Darley and William H. Barkdale**
Now at this day comes the said plaintiff by his attorneys and wither party requiring a jury this cause is submitted to the court upon the pleadings and proofs and court having duly heard and considered the same, and being there if sufficiently advised, both 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 eighty three dollars and forty nine cents. It is, therefore considered by the court that said plaintiff recover of said defendants the sum aforesaid inform aforesaid as found and his costs and charges herein expended and have execution there for.
**George F. Tolland vs Thomas Bower, Francis Mayer, Frank Salver and John W. Subvert**
The court having duly heard and considered the motion of said plaintiffs to strike out the answer of the said defendant Francis Mayer and being thereof fully advised, both order that said motion be and the same is hereby overruled.
**Thomas J. Kyeer vs John O. Fulton Jr**
The court having duly heard and considered the demurrer of said defendant to plaintiffs second amended petition and being thereof fully advised both order that said demurrer be sustained.
**Emil Block vs Steam Boat Louisville**
The court having duly heard and considered the demurrer of said defendant to the petition plaintiffs and being thereof fully advised both order that said demurrer be sustained leave is given plaintiff to file an amended petition within thirty days.
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**Viewer Page 380** (rcdbook1856_26_0379.jpg)
> Handwritten Page Number on Record Book: 373
**Carl Witting vs John Peuedi**
Motion to set aside Judgment filed.
**Emanuel De Hodiamant vs George W. Lynch and Henry C. Lynch**
On Note.- Now at this day comes the said plaintiff by his attorneys, but the said defendants although duly summoned and called come not, but make default, wherefore the court both order the petition of said plaintiff be taken against said defendant as confessed, thereupon, this cause is submitted to the court and the court having duly heard and considered the same, both 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 thirty one dollars and ninety cents. It is, therefore considered by the court that said plaintiff recover of said defendants the sum aforesaid inform aforesaid as found and his costs and charges herein expended and have execution there for.
**Frederick L. Mathew vs Daniel D. Page, Henry D. Bacon, Thomas Brown and Edward Wyman**
Now at this day comes the said plaintiff by his attorneys, and the said defendants also come by their attorney and withdraw the answer filed herein, 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 seven cents. It is, therefore considered by the court that said plaintiff recover of said defendants to the sum aforesaid in form aforesaid as found and his costs and charges herein expended and have execution there for.
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**Viewer Page 381** (rcdbook1856_26_0380.jpg)
> Handwritten Page Number on Record Book: 374
Court met pursuant to adjournment. present as before.
**Lemuel H. Paston and Francis E. Prewitt vs Henry Bussmeyer**
On Note.- Now at this day comes the said parties and submit to the court the motion herein filed to strike out the answer of the said defendant and for Judgment and the court having duly heard and considered the same doth order that said motion be sustained. Thereupon the plaintiff 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 are indebted to said plaintiffs in the sum of eight hundred and forty three dollars and eighty seven cents. It is, therefore considered by the court that said plaintiff recover of said defendants the sum aforesaid inform aforesaid as found and their costs and charges herein expended and have execution there for. It is further considered by the Court that said Judgment bear ten percent interest, until paid.
**John H. Stuckwisch vs Charles H. Myers**
On Note. The court having duly heard and considered the motion of said plaintiff to strike and the answer of the said defendant and also the plaintiff demurrer to the defendants counter claim, and being thereof fully advised of and concerning the same both order that the same be sustained. Thereupon, the plaintiff submits this causes 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 eighteen dollars and thirty five cents. It is, therefore considered by the court that said plaintiff recover of said defendants the sum aforesaid inform aforesaid as found and his costs and charges herein expended and have execution therefor.
**Joseph L. Ringwalt vs William G. Miller**
On Note. The Court having duly heard and considered the motion of said plaintiff for judgment not with pleading the answer of the said defendant, and being thereof fully advised, doth order that said motion be sustained, thereupon, this cause is submitted to the court and it having duly heard and considered the same, both 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 fifty one dollars and seventeen cents. It is, therefore considered by the court that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as found and his costs and charges herein expended and have execution there for.
**Jangamiah Gross vs Daniel D. Page, Henry D. Bacon and Thomas Brown**
On Note.- Now at this day comes the said defendants and withdraw the answer filed by them, thereupon the plaintiff by their attorney submits this cause to the Court, and it 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- thousand four hundred and ninety two dollars and fifty eight cents. It is, therefore, considered by the court that said plaintiff recover of said defendants the sum aforesaid inform aforesaid as found and his costs and charges herein expended and have execution therefor.
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**Viewer Page 382** (rcdbook1856_26_0381.jpg)
> Handwritten Page Number on Record Book: 375
**Nelson A. Britt vs John Brooks etal**
The court having duly heard and considered the motion of said defendants to set aside the judgment rendered in this cause, and being thereof fully advised, both order that said motion be overruled.
**John P. Moore etal vs Thomas J. Albright etal**
Deposition filed.
**George T. Pollard vs Thomas Bower etal**
The court having duly heard and considered the motion of said plaintiff to strike and the answer of the said defendant and also the plaintiff judgment notwithstanding the answer of said defendant and being thereof fully advised both order that said motion be overruled. Thereupon, the plaintiff dismisses this causes as to the said defendant Francis Salver, and on motion of said plaintiff by his attorney, it is ordered by the court that an alias writ of summoned issue against the said defendant Thomas Bower, returnable to the next term of the court.
**Mary Ann Webster vs Joseph H. Webster**
Affidavit and motion to set aside judgment filed.
**Washington F. Adams vs John F. Darley etal**
Now at this day said defendant by their attorney and proof an appeal to the supreme court from the judgment herein rendered and the court having duly heard and considered the same, and being thereof fully advised both order that said appeal be granted thereupon the defendants file a bond which is approved by the court.
**James C. Walker vs George G. Pressers**
On motion of said plaintiff by his attorney, it is ordered by the court that a dedimus issue, to the state of Illinois, to take depositions of witnesses, on the part of the said plaintiff.
**Cleander Mighells vs Lorenzo D. Pomes**
The court having duly heard and considered the motion of said plaintiff to amend in this cause and also the motion of the said defendant to dismisses this cause, and being thereof fully advised, doth order that both of said motion be overruled.
**William Jones vs Thomas Rutherford**
Demurrer to amended answer and counter claim, filed.
**Charles McKenzie Murray vs Samuel D. Porter**
The court having duly heard and considered the motion of said defendant to rule plaintiff to file security for costs, and being thereof fully advised both order that said motion be sustained and it is further ordered that unless said defendant file said security for costs within thirty days from this date, this cause will stand dismissed at the costs of the said plaintiff.
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**Viewer Page 383** (rcdbook1856_26_0382.jpg)
> Handwritten Page Number on Record Book: 376
**William J. Cowperthwait vs William Thomas**
On motion of said plaintiff by his attorney, the Court doth grant leave to the said plaintiff to fill up the blank endorsement upon the note, and the same is accordingly done.
**Emile Block etal vs The Steam Boat Louisville**
The Court having duly heard the motion of said defendant to rule plaintiffs to security for costs, and demurrer of the said defendant to the petition of said plaintiffs, and being thereof fully advised doth order that same to sustained.
**Alanson C. Stewart etal vs George S. Case**
Motion for new trial filed.
**Jonathan Jones vs Anthon Wiseman etal**
Now at this day comes the said plaintiff and files proof satisfactory to the Court that the order of publication heretofore made in this case has been duly published according to law.
**John Halsalt vs Daniel D. Page etal**
The Court having duly heard and considered the demurrer of said defendants to the petition of said plaintiff and being thereof fully advised doth order the same be sustained. Plaintiff files an amended petition by leave of Court.
**Esther Beer vs John Beer**
On motion of the said plaintiff by her attorney, it is ordered by the Court that this cause be dismissed at the costs of the said plaintiff and that execution issue therefor.
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**Viewer Page 384** (rcdbook1856_26_0383.jpg)
> Handwritten Page Number on Record Book: 377
Court met pursuant to adjournment. Present as before.
**Francis Powers etal vs Charles B. Lamb**
Amended answer filed.
**Robert J. Gutridge vs James Gamely, James M Mc. Faddin and Lafayette S. Menifee**
On Note.- Now at this day comes the said plaintiff by his attorney, and on his motion, it is ordered by the court that this cause be dismissed as to the said defendant Lafayette S. Missive, and thereupon this cause is submitted to the court having duly heard and considered the same, both 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 fifty seven dollars and twenty cents. It is, therefore, considered by the court that said plaintiff recover of said defendants the sum aforesaid inform aforesaid as found and his costs and charges herein expended and have execution there for.
**David J. Wheeler vs S. B. Bullock**
By consent of parties, it is ordered by the court that this cause be continued until the next term of the court.
**Pire, Frost & Company vs. D.T. Wheeler etal**
By consent of parties, it is ordered by the court that this cause be continued until the next term of the court.
**James Harrison vs Andrew J. Benson etal**
By consent of parties, it is ordered by the court that this cause be continued until the next term of the court.
**Lempel H. Paxton etal vs Henry Bessemer**
Bill of exceptions filed.
**James Syme, David Syme and John Syme, partners under the name of James Syme & Co vs Steam boat Indiana**
Complaint.- Now at this day comes the said by their respective attorney and thereupon come also a jury to wit Adolphus Pearce, Peter Lenz, Garrett A. Rourkela Washington West, James Hilden, Bernard Hackler, Louis Hens, Hon Doyle, F. Shies, J. M. Oldhausen, John H. Emerald and W. Code, twelve good and lawfull men who being duly elected tried and sworn well and truly to try the issues firmed, the trial of this cause progressed, and being concluded the jurors aforesaid upon their oath aforesaid find in form of the said plaintiff and assess the damages sustained by them by reason of the premises mentioned in the petition, at the sum of three hundred and forty eight dollars and ninety two cents. It is therefore considered by the court that said plaintiffs recover of the said defendant and of William S. Wilson and John J. Murdered, the securities in the release bond, the sum aforesaid inform aforesaid as found by the Jury and their costs and charges herein expended and have thereof execution.
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**Viewer Page 385** (rcdbook1856_26_0384.jpg)
> Handwritten Page Number on Record Book: 378
**Nicholas Frank vs Franz Navel**
On motion of said plaintiff, it is ordered by the court that this cause be continued, on the affidavit of said plaintiff, until the next term of the Court at his costs and that execution issue therefor.
**Ashley C. Sung etal vs John J. Roe**
The court having duly heard and considered the motion herein filed by the said plaintiff for a new trial of this cause, and being thereof fully and sufficiently advised, both order that said motion be overruled.
**George Witman vs Daniel Shattuch**
Affidavit filed.
**Frederick Buschmann vs Richard Lures etal**
On motion of said defendants, it is ordered by the Court that this cause he continued until the next term of this Court, at the costs of the said defendants.
**John P. Gould etal vs George Trowbridge etal**
On motion, it is ordered by the court that a desmids issue herein to the court of California, to take the depositions of witness, to be used on the trial of this cause. By consent of parties this cause is continued until the next term of this court.
**John Kenner vs Charles Blank**
By consent of parties, it is ordered by the court that this cause be continued until the next term of the court.
**Susan Catharine Hoosick vs George Hoosick**
Divorce.- Now at this day comes the said plaintiff by her attorney but the said defendant although duly heard notified and solemnly called comes not, wherefore on the motion of said plaintiff by her attorney this cause is submitted to the court, and the court proceeding to hear the testimony in this cause, and being satisfied from such testimony that said plaintiff is an innocent and injured party, it both consider adjudge and decree that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with the said defendant and restored to all the rights and privileges of an unmarried person. and it appearing to the court that the said defendant from his habits and course of life is an unsuitable person to have the care custody and maintainance of the said infant children, Peter, Joseph, Jilin and Jason Husick, who are of twelve years, it is further adjudged and decreed that the said plaintiff have the care custody and maintained of the said children that the said defendant be restrained and adjourned from interfering with the plaintiff in the behalf this further ordered that said plaintiff pay the costs of this proceeding and that execution issue there for.
[Court adjourned until to morrow morning at Ten O'Clock. ?]
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**Viewer Page 386** (rcdbook1856_26_0385.jpg)
> Handwritten Page Number on Record Book: 379
**William C. Wooden vs Charles S. Runnells**
Motion to set aside order of reference, filed.
**Mire Valle etal vs John J. Chappell etal**
The plaintiffs come and file a petition and affidavit according to law, claiming the profession of certain percent property, their described wherefore, it is ordered that the said defendants declare the property specified in the petition to the Sheriff of Saint Louis country and said sheriff is hereby directed, if said property to not delivered to him, to take it from the defendant and deliver it to the plaintiff.
**Coleman Pruett etal vs. E. O. English**
On motion of said plaintiffs by their attorney, it is ordered by the Court that this cause be dismissed at the costs of the said plaintiffs and that execution issue therefor.
The Court met pursuant to adjournment. Present as before.
**Constantine Schemer vs Paul Carlin**
Now at this day comes the said parties by their respective attorneys, and the said defendants and withdraw the answer filed in this cause, thereupon the said plaintiff submits this cause to the court on pleadings and proofs and the court having duly heard and considered the same, both assets the damages of said plaintiff by reason of the premises in his petition stated at the same of two hundred and twenty four dollar. It is, therefore, considered by the court that said plaintiff recover of said defendants the sum aforesaid inform aforesaid as acceded and his costs and charges herein expended and have execution therefor.
**John Hughes vs J. H. Crane**
Motion to dismisses suit filed.
**Calvin M. M Clang's Admr vs. Benjamin F. Coons**
It is ordered by consent of parties that this cause be continued until the next term of this court.
**John Longer back & wife vs The North Missouri Rail Road Company**
The Court having duly heard and considered the demurrer of said defendants to the petition of said plaintiffs said having been thereof fully and sufficiently advised both order, that the same be overruled.
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**Viewer Page 387** (rcdbook1856_26_0386.jpg)
> Handwritten Page Number on Record Book: 380
**Jonathan Jones vs Anton Wiseman, Ruben Bartlett and Turner Maddox and J. W. Pate**
Now at this day, the said cause coming on for final, and the proofs and allegations of the parties having been fully considered by the court, it is adjudged, ordered and decreed that the sale made or pretended to be made by the said J. W. Pate to the plaintiff of the negro girl Jane, described in the petition was from dullest, and the result of conspiring between the defendant Wiseman, who the real owner of said negro Jane, at the time of said sale and defendants J. W. Pate and Reuben Bartlett. It is further ordered, adjudged and decreed, that the order heretofore made by this Court on the defendants restraining, them from any further proceedings and the deed of trust mentioned in the petitions, be and is hereby made perpetual. It is further ordered adjudged and decreed that thee said Andon Wiseman shall refund to plaintiff the sum of four hundred and fifty dollars without interest, which be the plaintiff paid to said Wiseman as part of the purchase money of said negro slave Jane; and that said Wiseman shall deliver up to plaintiff for cancellation a certain promissory note bearing date June the fourteenth eighteen hundred and fifty five, executed by plaintiff to defendant R. Bartlett and by him endorsed to said Wiseman, and being a part of the purchaser money of said negro Rane, for the sum of Four hundred and fifty dollars and payable eight months after date. It is further ordered adjudged and decreed that said plaintiff shall deliver up the said negro Jane to the said Wiseman. It is further ordered, adjudged and decreed that the said defendant Turner Maddox, shall enter on the margins of the records opposite the deeds specified in the petition these words:" Cancelled by order of the honorable Circuit court for St. Louis county" and subscribe his name thereto. It is further adjudged and decreed that the plaintiff recover of the said defendants his costs and charges in this behalf expended and that to have there for execution.
**Cleaner Mighells vs Lorenzo D. Jones**
Ten days further time is given to the said defendant to file an answer herein.
**Samuel Howeson vs. Thomas L. Rives**
Dedimus. On motion of said plaintiff by his attorney, it is ordered by the Court that a dedimus issue herein to the State of Virginian on the part of said plaintiff be take depositions of witness to be used on the trail of this cause.
**Samuel Willis vs James Carmelo**
By leave of Court the said defendant files an answer herein.
**John G. Luce vs Lorenzo P. Langer etal**
Now at this day come said parties by their attorneys and thereupon come also a Jury to wit : L. Montrail, D. Peterson, Henry Boges, John Allen, August Seibert, William P. Surdgrass, Wm Kaskob, Charles Shies, William H. Cole, John H. Ewald, Nathaniel Robinson and Frederick Spries, tweleve good and lawful men, who being duly elected, tried and sworn the matters is controversy well and truly to try the issue joined between the parties aforesaid, the trial of this cause progressed, but not being concluded is laid over until to-morrow morning at ten o'clock.
Ten O'Clock.
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**Viewer Page 388** (rcdbook1856_26_0387.jpg)
> Handwritten Page Number on Record Book: 381
**The St. Louis and Iron Mountain Rail Road Company vs Delphi Carlin**
On motion of the said plaintiff by its attorney, it is ordered by the court that an alias writ of summons issue against said defendant, returnable to the next term of this Court.
**The Saint Louis and Iron Mountain Rail Road Company vs William A. Dirty**
Order of Publication.- The Sheriff having made return that said defendant cannot be founds, and the court being satisfied that process cannot be served upon said defendant, it is therefore, in motion of said plaintiff by its attorney ordered that said defendant be notified of the commencement of this suit, the object of which is to recover of the said defendant the sum of one hundred and ninety dollars an account to stock subscriptions ; and that unless be appear at the next term of this court to be begun and held at the city of St. Louis on the fourth Monday of February next, and on or before the sixth say thereof answer said plaintiffs petition the same will be taken against him as confessed; judgment rendered against him, and his property sold to satisfy the same. And it is further ordered that a copy hereof be published according to law in the St. Louis Missouri Democrat.
**The Saint Louis and Iron Mountain Rail Road Company vs. William M. Flaherty**
Order of Publication.- The Sheriff having made return that said defendant cannot be founds, and the court being satisfied that proofs cannot be served upon said defendant, it is therefore, on motion of said plaintiff by its attorney ordered that the said defendant be notified of the commencement of this suit, the object of which is to recover of said defendant the sum of two hundred dollars, on account to stock subscriptions ; and that unless he be appear at the next term of this court, to be begun and held at the city of Saint Louis on the fourth Monday of February next, and on or before the sixth say thereof answer said plaintiffs petition the same will be taken against him as confessed; judgment rendered against him, [as confessed ?] and his property sold to satisfy the same. It is further ordered that a copy hereof be published according to law in the St. Louis Missouri Democrat.
**The Saint Louis and Iron Mountain Rail Road Company vs Antoine G. Sel**
Order of Publication.- The Sheriff having made return that said defendant cannot be founds, and the Court being satisfied that proofs cannot be served upon said defendant, it is ordered, on motion of said plaintiff by its attorney that the said defendant be notified of the commencement of this suit, the object of which is to recover of the said defendant the sum of one hundred and ninety dollars an account to stock subscriptions; and that unless be and appear at the next term of this court, to be begun and held at the city of St. Louis on the Fourth Monday of February next, and on or before the sixth say thereof answer said plaintiffs petition the same will be taken against him as confessed; Judgment rendered against him, and his property sold to satisfy the same. It is further ordered that a copy hereof be published according to law in the St. Louis Missouri Democrat.
**The Saint Louis and Iron Mountain Rail Road Company vs Gottfried Ettman**
On motion of said plaintiff by its attorney, it is ordered by the court that an alias writ of summons issue against said defendant, returnable to the next term of this Court.
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**Viewer Page 389** (rcdbook1856_26_0388.jpg)
> Handwritten Page Number on Record Book: 382
**The St. Louis and Iron Mountain Rail Road Company vs Carl Gleaners**
On motion of the said plaintiff by its attorney, it is ordered by the court that an alias writ of summoons issue against the said defendant, returnable to the next term of this court.
**The Saint Louis and Iron Mountain Rail Road Company vs John H. Heldenberg**
On agreement.- Now at this day comes the said plaintiff by its attorney, but the said defendant although duly summoned and called comes not, but makes default, wherefore, on motion of said plaintiff, it is ordered by the court that its petition be taken against said defendant as confessed, thereupon this cause is submitted to the court and the court having duly heard and considered the same, both assets the damages sustained by said plaintiff by reason of the premises mentioned in the petition at the sum of two hundred and seventy dollars and twenty dollars. It is further considered that said plaintiff recover of said defendant the sum aforesaid as found and its costs and charges herein expended and have execution thereof.
**The Saint Louis and Iron Mountain Rail Road Company vs William Hohenschild**
On agreement.- Now at this day comes the said plaintiff by its attorney, but they said defendant although duly summoned and called comes not, wherefore, the court doth order that the petition of said plaintiff be taken against said defendant as confessed. Thereupon this cause is submitted to the Court, and the court having duly heard and considered the same, doth assess the damages of said plaintiff by reason of the premises in its petition stated at the sum of seven hundred and eight dollars. It, is therefore considered that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as assessed and its costs and charges herein expended and have execution therefor.
**The St. Louis and Iron Mountain Rail Road Company vs John W. Koeckell**
On motion of the said plaintiff by its attorney, it is ordered by the court that an alias writ of summons issue against said defendant, returnable to the next term.
**The St. Louis and Iron Mountain Rail Road Company vs George Lobenhofer**
On motion of the said plaintiff by its attorney, it is ordered by the court that an alias writ of summons issue against said defendant, returnable to the next term.
**The St. Louis and Iron Mountain Rail Road Company vs J. E. Robinson**
On motion of the said plaintiff by its attorney, it is ordered by the Court that an alias writ of summons issue against said defendant, returnable to the next term of the Court.
**The St. Louis and Iron Mountain Rail Road Company vs John Simon**
On agreement.- Now at this day comes the said plaintiff by its attorney, but the said defendant although duly summoned and called comes not, but makes default, wherefore, the court both order petition of said plaintiff be taken against said defendant as confessed, thereupon this cause is submitted to the Court.
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**Viewer Page 390** (rcdbook1856_26_0389.jpg)
> Handwritten Page Number on Record Book: 383
and the Court having duly heard and considered the same, both assets the damages of said plaintiff by reason of the premises mentioned in its petition stated at the sum of Four hundred and twenty dollars and eighty cents. It, is therefore considered by the Court that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as assessed and its costs and charges herein expended and have execution therefor.
**The Saint Louis and Iron Mountain Rail Road Company vs Fredrick Schulenburg**
On motion of the said plaintiff by its attorney, it is ordered by the court that an alias writ of summons issue against said defendant returnable to the next term of the Court.
**Luther M. Shreve vs Frederick W. Ingle etal**
Amended petition and answer to amended petition filed, and by consent of parties the affidavit by law is waived to the petition and answer filed.
The Court met pursuant to adjourned. Present as before.
**The Keokuk Packet Company vs The Steam Boat William S. Wilson**
The court having duly heard and considered the demurrer of the said defendants to the petition of said plaintiff and being thereof fully advised, both order that said demurrer be overruled.
**George Rinehart etal vs Conrad Octet etal**
By consent of parties, it is ordered by the court that this cause be continued, until the next term of the Court.
**John L. Harrison etal vs Solomon J. Littlefield**
The defendant files and affidavit for a continuance of this cause, and the court having duly heard and considered the same, both order that this cause be continued on the said affidavit, to the next term of the court at the costs of the said defendant.
**Elizabeth A. Knaves vs William H. Knaves**
On motion of the said plaintiff by its attorney, it is ordered by the Court that this cause be dismissed at the costs of the said plaintiff and that execution issue therefor.
**Thomas Hinde vs The Bank of the Ohio Life Ins & Trust Company**
On motion of the said plaintiff by its attorney, it is ordered by the court that this cause be transferred to the St. Louis court of Common Pleas, in conformity to the statute in such case made and provided.
**August J. Carpenter vs Thomas Hull**
The defendant files an answer herein by leave of Court.
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**Viewer Page 391** (rcdbook1856_26_0390.jpg)
> Handwritten Page Number on Record Book: 384
**James Porter and Edward C. White, partners &c vs Matthew Shaffner**
On account. Now at this day come the said plaintiffs by their attorney, but the said defendant although duly summoned and called comes not, Wherefore on motion of said plaintiffs by their attorney this cause is submitted to the Court and the Court having duly heard and considered the proofs, doth find from such proof that said plaintiffs have sustained damages by reason of the premises in their petition slated at the sum of Three hundred and thirty three dollars and ninety six cents. It is, therefore, considered 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 have execution therefor.
**John G. Luce vs Lorenzo P. Langer &c**
Now at this day come again said parties by their respective attorneys and the Jury sworn and empannelled herein also come and the trial of this cause progressed, but not being concluded is laid over until to-morrow at Ten O'clock.
**Richard Rowland vs Mary E. Rowland**
On motion of the said petitioner, it is ordered by the Court that a writ of Habeas Corpus, issue against the said defendant, returnable to-morrow morning at Nine O'clock.
**Magdalemina Link vs Casper Link**
On motion of plaintiff's attorney, it is ordered by the Court that the order of publication heretofore made in this cause be amended or as to read" by the publication according to law of this order in the St. Louis Oderald "instead of in the" Missouri Democrat whereupon the plaintiff files the proof of publication in this cause, which is satisfactory to the Court.
**R. Barbara Koch vs Andrew Koch**
On motion of plaintiffs attorney if is ordered by the Court that the order of publication heretofore made in this cause be amended so as to read" by the publication according to law of this order in the St. Louis Herald" instead of the Missouri Democrat. Proof of publication filed.
**Eliza Ralz vs Frederick Ralz**
On motion of the plaintiff by her attorney it is ordered by the Court that the order of publication heretofore made in this behalf be amended to read as follows "by the publication according to law of this order in the Morning Herald" instead of the Missouri Republican. Proof of publication filed.
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**Viewer Page 392** (rcdbook1856_26_0391.jpg)
> Handwritten Page Number on Record Book: 385
The Court met purusant to adjournment. Present as before.
**The Merchants and Manufacturers Savings Institition vs Benjamin F. Beusley and David Campbell**
On Note. Now at this day comes the said plaintiff by its attorney, but the saids defendants although duly summoned and called come not but make default, wherefore the Court doth order the petition of said plaintiff be taken as confessed; Thereupon this cause is submitted 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 sixty eight dollars and ninety six cents. It is, therefore, considered by the Court that said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and its costs and charges herein expended and have execution thereof.
**James M. McCullough vs William A. Wilson et al**
Motion for security fasts and sufficient attachment bond filed.
**James Lyen et al vs Steam Boat Indiana**
Motion for new trial filed.
**John G. Luce vs Lorenzo T. Langer et al**
Now at this day come again said parties by their respective attorneys and the Jury sworn and empannelled herein also come, and the trial of this cause progressed, but not being finished is links over until tomorrow morning at Ten O'Clock.
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**Viewer Page 393** (rcdbook1856_26_0392.jpg)
> Handwritten Page Number on Record Book: 386
The Court met pursuant to adjourned. Present as before.
**John G. Luce vs Lorenzo P. Sanger etal**
Now at this day come again said parties by their respective attorneys and the Jury sworn and empanelled herein also come and the trial of this cause progressed, but not being finished is laid over until tomorrow morning at Ten o'clock.
**The Keokuk Packet Company vs The Steam Boat of William S. Wilson**
The defendant files an answer herein, by the leave of the Court.
**Henry J. Muddo etal vs B. M. Neath**
Order of Publication.-The Sheriff having made return that said defendant cannot be founds, and the court being satisfied that said defendant cannot be served with proofs, it is on motion of said plaintiff by their attorney ordered that said defendant be notified of the commencement of this suit, the object of which is to recover of the said defendant the sum of seven hundred and fourteen dollars and twenty eight cents, on account of a promissory note, whereby said defendant promised to pay sixty days after days after date to the order of plaintiffs the sum of five hundred and three dollars and forty one cents, with interest on same after due at the rate of ten percent per annum ; and also on account of the sum of two hundred dollars and forty cents on account of a draft drawn and executed by defendant in favor of said plaintiff on Mesons Ditcher & Co., which and the interest thereon remainder unpaid; and that unless he be appear at the next term of this court to be begun and held at the city of St. Louis, on the fourth Monday of February next, and on or before the third day thereof answer the petition of said plaintiffs of the same will be taken against him as confessed, and the property attached of the commencement of this suit, as belonging to the said defendant, will be sold to satisfy the same debt, interest and costs. It is further ordered that a copy hereof be published according to law in the St. Louis, Missouri Democrat.
**Denies M. Carty vs Martin Lorene, administrator of Rufus Case, decd**
Now at this day said parties by their respective attorneys, and neither party requiring a jury, this cause is submitted to the court upon the pleadings and proofs; and the court having duly heard and considered the same, both assets the damages of said plaintiff by recover of the premises in his petition mentioned at the sum of one hundred and fifty four dollars and sixty eight cents. It, is therefore considered by the court that said plaintiff recover of said defendant as administrator as aforesaid the sum aforesaid inform aforesaid, and his costs and charges herein expended and have execution therefor.
**Henry J. Mudd etal vs Henry M. Lateen garnishes of B. M. Vetch.**
Default.- Now at this day come the plaintiffs by their attorney but the said defendant although duly notified and solemnly called comes not, wherefore the court both order the allegations of said plaintiffs be taken as confessed and that this cause be continued, until the next term of the Court.
**Hall R. Jackson vs Nathan C. Covington**
Motion to suppress depositions of J. H. Jackson and reply filed.
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**Viewer Page 394** (rcdbook1856_26_0393.jpg)
> Handwritten Page Number on Record Book: 387
**Marie Josephine Wynekus vs Avin Wynekus**
Divorce. Now at this day come again said plaintiff by her attorney, but the said defendant although duly summoned and called comes not, wherefore, on motion of said plaintiff it is ordered by the Court that her petition be taken against said defendant as confessed. And the Court proceeding to hear the testimony in this cause and having been satisfied from such proof that said plaintiff is an innocent and injured party, it doth consider, adjudge and decree 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. And it is further considered by the Court that said plaintiff pay the costs of this proceeding and that execution issue therefor.
**Carline Robland vs Charles F. Rohland**
Divorce.- Now at this day comes again said plaintiff by her attorney, but the said defendant although duly called comes not, wherefore, on motion of said plaintiff [it is ordered ?] this cause is submitted to the Court upon the petition and proofs, and the Court being satisfied from such proof that said plaintiff is an innocent and injured party, it doth consider, adjudge and decree that said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant and and that she be restored to all the rights and privileges of an unmarried person. And it is further considered that said plaintiff pay the costs of the proceeding and that execution issue therefor.
**Daniel Brady vs Patrick Conaray**
On Account.- Judgment. Now at this day come again said parties by their respective attorneys, and neither party requiring a Jury this cause is submitted to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth assess the damages of said defendant by him sustained by reason of the premises in his answer stated at the sum of One hundred and thirty four dollars and seventy six dollars. 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 and recover of said plaintiff the sum aforesaid in form aforesaid as found and his costs and charges herein expended and have execution therefor.
**George Ballas, Sr vs Lavenia Ballas**
Amended petition filed.
**Lather M. Lhrene vs Frederick W. Ingle etal**
On motion of said plaintiff by his attorney, it is ordered by the Court that this cause be continued as on affidavit, at the costs of the said plaintiff and that execution issue therefor.
**Abigail Walther vs Charles F. Walther**
Replication to answer filed.
**Hull R. Jackson vs Nathan C. Covington**
By consent of parties, it is ordered by the Court that this cause be continued until the next term of this Court.
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**Viewer Page 395** (rcdbook1856_26_0394.jpg)
> Handwritten Page Number on Record Book: 388
**Hull R. Jackson vs Nathan C. Covington**
On Notes.- Now at this day come said parties by their respective attorneys, and neither party requiring a Jury, this cause is submitted 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 the said defendant is indebted to said plaintiff in the sum of One Thousand four hundred and eighty four dollars. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aofresaid as found and his costs and charges herein expended and have execution therefor.
**Joseph D. McCay vs George W. Willard**
Now at this day come again said parties by their respective attorneys and thereupon come also a Jury to wit: Adolphus Pearce, Peter Lang, Garett O. Roarke, Washington Weet, James Hillen, Bernard Heckler, Louis Weng, Wm Doyle, Charles S. Scott, Andrew Sturm Samuel Hoke, and J. M. Oldshausen, twelve good and lawful men who being duly elected, tried and sworn well and truly to try the matters in controversy between the parties aforesaid, the trial of this cause progressed, but not being finished is laid over until to-morrow morning.
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**Viewer Page 396** (rcdbook1856_26_0395.jpg)
> Handwritten Page Number on Record Book: 389
The Court met pursuant to adjournment. Present as before.
**Joseph D. M Coy vs George W. Willard**
Now at this day come again said parties by their respective attorneys and the Jury sworn and empannelled herein also come, and the trial of this cause being finished the Jurors aforesaid upon their oaths aforesaid find the issue joined in favor of the said defendant, It is therefore considered by the Court that said plaintiff recover 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 have execution therefor. Motion for new trial filed.
**John G. Luce vs Lorenzo P. Sanger, James Y Sanger, Hart L. Stewart and William Truesdale**
Now at this day come again said parties by their respective attorneys and the Jruy empannelled and sworn herein also come, and the trial of this cause being finished the Jurors aforesaid upon their oaths aforesaid find the issue herein joined in favor of said plaintiff, and assess his dagames by reason of the premises mentioned in his petition at the sum of Twelve hundred and nineteen dollars. It is, therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as assessed by the Jury and his costs and charges herein expended and have execution therefor. Motion for new trial and in assest of Judgment filed.
**Horace Cushing etal vs Lucas C. Topping**
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.
**Amos R. Ens etal vs Lucas C. Topping**
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.
**Emelia Jungst by her next friend William Hasslinger vs Albert Jungst.**
Order of Publication.- The Sheriff having made return that the said defendant cannot be found, and the Court being satisfied that the ordinary process of law, cannot be served upon the said defendant, It is, therefore, on motion of said plaintiff by her attorney, ordered that the said defendant be notified of the commencement of this suit, the object of which is to recover a Judgment of divorce from said defendant on the ground of cruel and for barras treatment and that unless he be and appear at the next term of this Court to be begun and feld at the City of St Louis on the Fourth Monday of February next, and on or before the sixth day thereof answer the petition of said plaintiff the same will be taken against him as confessed. It is further ordered that a copy hereof be published according to law in the St Louis, Missouri Democrat. It is further ordered, on motion of the said plaintiff, by her attorney that an alias writ issue herein against said defendant, returnable to the next term of the Court.
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**Viewer Page 397** (rcdbook1856_26_0396.jpg)
> Handwritten Page Number on Record Book: 390
**Adolph Wislizenus vs Martin Hammerle**
Nonsuit.- Now at this day come said parties by their respective attorneys, and neither party requiring a Jury this cause is submitted to the Court upon the pleadings and proofs, and the trial of this cause progressed, But the said plaintiff says he will not further prosecute his suit in this behalf. It is, therefore, considered by the Court that said plaintiff take nothing by his suit in this behalf, and that said defendant go hence without day and recover of said plaintiff his costs and charges herein expended and have execution therefor. Plaintiff has leave to file motion to set aside non suit.
**George W. Loper vs Benjamin Lacy**
Dismissal.- On motion of said plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of the said plaintiff and that execution issue therefor.
**Charles Fritz vs Isadore Busch**
Now at this day come said parties by their respective attorneys and thereupon come also a Jury to wit: Adolphus Pearce, Washington West, Peter Lang, Wm H. Cale, James Hillen, Bernard Hacckler, Louis Henz William Doyle, F. Sheis, Andrew Sturm, August Leiberd and J. M. Oldhausen, twelve good and lawful men, who being duly elected, tried and sworn the matters in controversy well and truly to try, the trial of this cause progressed, but not being finished is laid over until Monday morning next.
**Benjamin Lithauer vs Morris Raphaclsky**
Dismissal.- On motion of said plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of the said plaintiff and that execution issue therefor.
**Robert T. Baldwin etal vs John S. Thompson**
The defendant by consent of the plaintiff's counsel and leave of Court, amends his answer and counter claim by interlining on second page the words "in pursuance of said contract" and the words "and offered to return said one hundred cans upon payment by plaintiffs of all the damages sustained by defendant.
**Barbara Hock vs Andrews Hock**
Default. Now at this day comes the plaintiff but the said defendant although duly notified and called comes not, but makes default, Wherefore the Court doth order the petition of said plaintiff be taken against said defendant as confessed.
**Eliza Balz vs Theluick Balz**
Default.- Now at this day comes the said plaintiff by attorney but the said defendant although duly notified and called comes not but makes default, Wherefore the Court doth order the petition of said plaintiff be taken against said defendant as confessed.
**Rainey vs Burke**
The Court having duly heard and considered the motion for security for costs herein and being thereof fully advised, doth order that said motion be sustained. Thirty days given plaintiff to file security for costs and answer herein.
On motion, it is ordered that Charles Pelhmson and Charles S. Hayden be and they are hereby enrolled as members of this Court.
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**Viewer Page 398** (rcdbook1856_26_0397.jpg)
> Handwritten Page Number on Record Book: 391
The Court met pursuant to adjournment. Present as before.
**Enrich C. Brown vs Lorenzo P. Sanger etal**
The Court having duly read the affidavit of said defendants, and their application for a continuance of this cause, and being thereof fully advised doth order that the same be overruled.
**Thomas Tillatson vs Lucias C. Topping**
Dismissal.- On motion of said plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of the defendant and that execution issue therefor.
**Lorenzo P.. Sanger etal vs The North M. R. R. Co**
Ordered by the Court that this cause be continued until next term of this Court.
**Pratt Hughes vs Lerene Hughes**
The Plaintiff having failed to prosecute his suit in this behalf, it is ordered by the Court that the same be dismissed, at the costs of the said plaintiff and that execution issue therefor.
**Elizabieth Woodward vs Joseph Field**
Now at this day comes again said plaintiff by her attorney, but the said defendant although solemnly called comes not, the plaintiff waiving a Jury, this cause is submitted to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth assess the damages sustained by said plaintiff by reason of the premises in her petition stated at the sum of Fifteen hundred dollars. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assessed and his costs and charges herein expended and have execution therefor.
**Thomas B. Ellis vs Richard C. Schakelford**
Affidavit for continuance filed by defendant, and ordered by the Court that this cause be continued at his costs, until the next term of the Court.
**Aaron Bowers vs Antoine View etal**
Now at this day come the defendants and suggest the death of the said plaintiff, and the same is not denied.
**Aaron Bowers vs Antoine View etal**
Now at this day come the defendants and suggest to the Court, the death of the said plaintiff, and the same is not denied.
**John Hlagen, Sr vs George S. Law and Thomas Wall**
Dismissed. The plaintiff having failed to file security for costs as heretofore ordered by the Court, It is now, on motion of said defendants ordered that this cause be dismissed at the costs of the said plaintiff and that execution issue therefor.
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**Viewer Page 399** (rcdbook1856_26_0398.jpg)
> Handwritten Page Number on Record Book: 392
**Charles Fritz vs Isadore Basch**
Now at this day come again said parties by their respective attorneys and the Jury empannelled and sworn herein also come and the trial of this cause progressed and being finished the Jurors aforesaid upon their oaths aforesaid agree upon the following verdict: the defendant to pay one hundred and ten dollars damages and the plaintiff to receive back the Organ. it is therefore considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assessed by the Jury and his costs and charges herein expended and have thereof execution.
**Maria H. Boilvin vs Nicholas Boilvin's admr**
Depositions on part of plaintiffs filed.
**John M. Harris vs Gelfort gar of Lochner**
Reply filed.
**Thomas J. Kyser vs John O. Fallow Jr**
The Court having duly heard and considered the motion of said plaintiff to strike out the amended answer filed by said defendant and being thereof fully advised, doth order that said motion be overruled. Thereupon come the said parties by their respective attorneys and a Jury to wit: John Schiffmann, A. B. Morris, Frederick Hermann, James Cochran, Morris Platt, Frederick Platzmann, Charles Creely, Francis Cornett, G. B. Spickelmann, R. Keiler, Sigismund Hamburg and Robert Dursly twelve good and lawful men who being duly elected tried and sworn the matters in controversy well and truly to try, the trial of this cause progressed, but not being finished is laid over until to-morrow morning.
**Haleall vs Page & Bacon**
Demurrer filed.
**Mary Ann Turton vs William Turton**
Dismissal.- By consent of parties, it is ordered by the Court that that this cause be dismissed at the costs of the said defendants, and that execution issue therefor.
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**Viewer Page 400** (rcdbook1856_26_0399.jpg)
> Handwritten Page Number on Record Book: 393
The Court met pursuant to adjournment. Present as before.
**Peter Weigmann vs Daniel D. Page and Henry D. Bacon**
On Note. Now at this come the said parties by their respective attorneys, and the said defendants with draw the answer herein filed by them, Thereupon the plaintiff submits this cause is submitted 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 plaintiffs in the sum of eight hundred and ninety seven 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 his costs and charges herein expended and have execution therefor.
**Cleander Mighells vs Lorenzo D. Jones**
Motion to strike out parts of petition, [motion to dismiss suit ?] and Bill of Exceptions filed.
**William G. Blackwood vs Daniel D. Page, Henry D. Bacon, Edward Wyman and Thomas Brown**
On Notes. Now at this day come said parties by their respective attorneys, and the said defendants withdraw the answer filed by them and consent and agree that Judgment may be rendered against them and in favor of said plaintiff, for the sum of eight thousand five hundred and forty eight dollars and twenty cents. It is, therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as agreed upon and his costs and charges herein expended and have execution therefor.
**Thomas J. Kyeer vs John O'Fallon Jr.**
Now at this day come again said parties by their respective attorneys and the Jury empanelled and sworn herein also come and the trial of this cause progressed, but not being finished is laid over until to-morrow.
**Johann Dutsch vs Margaret Dutsch**
Dismissal. On motion of said plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of the said plaintiff and that execution issue therefor.
**William Lingo vs Rapin E. Smiths gar &c.**
On motion of said garnishee by his attorney, it is ordered by the Court that he be discharged hence at the costs of the said plaintiff and that execution issue therefor.
**Lucien H. Fuller surviving partner of W. F. Kent etal vs Albert G. Vaughn**
Non suit - Now at this day comes the said defendant but the said plaintiff although duly and solemnly called, comes not, wherefore, on motion of said defendant by his attorney it is ordered 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 he have therefor execution.
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**Viewer Page 401** (rcdbook1856_26_0400.jpg)
> Handwritten Page Number on Record Book: 394
**James Foy vs John Watson etal**
On motion of said plaintiff by his attorney, leave is good him to file an amended petition herein, at any time, during the present term of the Court.
**Hezekiel Claggett vs Edward Hale Jr and Joshua Alexander**
On Note. Now at this day comes the said plaintiff, but the said defendant although duly notified and solemnly called comes not, wherefore on motion of said plaintiff this cause is submitted 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 six dollars. 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 have the thereof execution.
**John H. Rohlfing vs John Guttrod**
Now at this day come the said parties by their respective attorneys and thereupon come also a jury to writ: Henry Goss, Thomas Bartlett, James Mc Francis Feldmann, James Johnson, J. C. Dunham, Charles Yung, G. L Meinberg and Nelson Chamblin twelve good and lawful men who being duly elected tried and sworn the matters in controversy well and truly to try, the trial of this cause progressed, but not being finished, the further trial of the cause is laid over until to-morrow.
**The State of Missouri who was to use of Sweringer and Bredell, partner &c vs Mark Moss etal**
Dismissal. - On motion of said plaintiff by its attorney, it is ordered by the Court that this cause he dismissed, (at the costs of said plaintiff) as to the defendant Benjamin Johnston, and that execution issue therefor.
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**Viewer Page 402** (rcdbook1856_26_0401.jpg)
> Handwritten Page Number on Record Book: 395
The court met pursuant to adjournment. Present as before.
**John Nagel vs Joseph Hackman**
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. Agreement of parties filed.
**Ann Holly vs William Holly**
Now at this day this cause coming on for trial, and it appearing to the Court that no person appears to prosecute the same, the Court doth order that said cause be dismissed for want of Prosecution at the costs of said plaintiff and that execution issue therefor.
**Solomon Littlefield vs The St.Louis and Iron Mountain Rail Road Co**
It is ordered by the Court that this cause be continued until the next term of this Court.
**Joseph Bose vs Thomas S.Helen**
Dismissal. On motion of said plaintiff by his attorney, it is ordered that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Lorenz P.Sang et al vs Henry Harber**
Now at this day come the plaintiffs and suggest the death of the said defendant, and the same is not denied. Ordered that this cause be continued until next term.
**The State of Missouri to the use of Richard H. Gale, assignee of John Ramsey assignee of Daniel D.Page and Henry D Bacon vs George B.Brua, George W. Goode, John D. Daggett and Richard J Howard**
Nonsuit.
Now at this day come the said defendants by their attorney but the said plaintiff although duly & solemnly called comes not, Wherefore, on motion of said defendants by their attorney it is ordered by the Court that said plaintiff take nothing by her said suit in this behalf, and that said defendant go hence without day and recover of said plaintiffs their costs and charges herein expended and have thereof execution.
**Isaiah H. Obear vs George B. Michael**
Now at this day come said parties by their respective attorneys and there upon also a Jury to wit: Henry Gass, Thomas Bartlett, James Mc Jilton, A.F. Hummitch, Benjamin Thornburgh, Stephen Stock, Francis Feldman, James Johnson, I.C.Dunhum, Charles Gang, G. L. Meinberg and Nelson Chamblin, twelve good and lawful men, who being duly elected, tried and sworn the matters in controversy, well and truly to try the trail of this cause progressed, but not being concluded is laid over until to - morrow.
**William Palm vs Daniel D.Page, Henry D. Bacon, Thomas Brown, Joshua W. Alexander and George H. Clerk**
Dismissal. On motion of said plaintiffs 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.
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**Viewer Page 403** (rcdbook1856_26_0402.jpg)
> Handwritten Page Number on Record Book: 396
**Charles Koechler vs Wilhelmina Koechler**
Divorce. Now at this day comes the said plaintiff by his attorney but the said defendant although duly notified and called comes not but makes default wherefore the Court doth order the petition of said plaintiff be taken as confessed, there upon this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered such proofs, and being satisfied therefrom, that said plaintiff is an innocent and injured party it doth consider, adjudge and decree that said plaintiff be absolutely and forever divorced from the bonds of matrimony by him contracted with said defendant, and that he be restored to all the rights and privileges as an unmarried person. It is further considered by the Court that said plaintiff pay the costs of this proceeding and that execution issue therefor.
**Richard Rowland vs Mary E. Rowland**
The Court having duly heard and considered the Demurrer filed herein and being thereof fully and sufficiently advised, doth order that the same be overruled.
**James Rourka vs Mary Rourka**
It is ordered by the Court that the cause be dismissed for want of prosecution, at the costs of said plaintiff and that execution issue therefor.
**Thomas J. Meyer vs John O. Fallon Jr**
Now at this day comes the said parties by their respective attorneys and the Jury empannelled and sworn herein also come and the trial of this cause being finished, the Jurors aforesaid upon their oaths aforesaid find the issue joined in favor of said defendant. It is therefore, considered by the Court that said plaintiff take nothing by his suit in this behalf, and that said defendant go hence without day and recover of said plaintiff his costs and charges herein expended and have thereof execution. Motion for new trial and in arrest of Judgment filed.
**George M. Ballas vs Lavenia Ballas**
Depositions on part of plaintiff filed.
**Charles Fritz vs Isadore Busch**
Motion for new trial filed.
**John H. Rohling vs John Gatbrod**
Now at this day come again said parties and the Jury sworn and empannelled herein also come and the trial of this cause being concluded, the Jurors aforesaid, upon their oaths aforesaid find the issue joined in favor of said plaintiff in the sum of One hundred and eighty two dollars and eighty seven cents. It is, therefore considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid and his costs and charges herein expended and have execution therefor.
**Isaac Anderson and George Fogle vs The Steam Boat Fulton**
Dismissal.
It is ordered that this cause be dismissed for want of presentation at the costs of said plaintiffs and that execution issue therefor.
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**Viewer Page 404** (rcdbook1856_26_0403.jpg)
> Handwritten Page Number on Record Book: 397
**Charles Whitmore, Wesley J. Olkin, Josiah Olkin vs Levy L Ashbrook and Levy Ashbrook, garnishee of Green Chitwood**
Now at this day come the plaintiffs by their attorney, but the said defendants although duly notified and called comes not, but makes default wherefore the Court doth order that the allegations of each plaintiff be taken as confessed, and the cause is submitted to the Court and the Court having duly heard and considered the same doth find from the proofs, that at the time they were summoned herein as such garnishee they had in their possession belonging to the said Green Chitwood property valued at the sum of Four hundred and thirty seven dollars and ninety five cents. It is, therefore, considered by the Court that said plaintiff recover of said garnishee the sum aforesaid in form aforesaid as found and that out of said sum they pay the costs as well of the original proceedings as of this, and that they have execution therefor.
**Thomas J. Kyser vs John O. Fallon Jr**
The original answer is by leave of Court withdrawn and a new answer filed.
**Haron Rowers vs Antoine Wien and Philonese Vien**
It appearing to the satisfaction of the Court that the said plaintiff hath departed this life and no person appearing to prosecute this suit, it is ordered by the Court that this suit abate at the costs of plaintiff.
**Aaron Bowers and Theresa Bowers vs Antoine View and Philonese View**
It appearing to the Court that the suits plaintiffs Aaron Bowers hath departed this life, and no person appearing to prosecute this suit, it is ordered by the Court that this cause abate at the costs of plaintiffs.
**Samuel Willi vs James Castello**
Ordered by the Court that this cause be continued until next term.
**William Ling vs George H Hanna**
This cause coming on for trial and no person appearing to prosecute the same, it is ordered that this cause be dismissed at the costs of said plaintiff, for want of such prosecution and that execution issue therefor.
**Joel Nourse, Peter Harvey and Samuel Davis vs John Sigerson and William Sigerson**
On Bill of exchange. Now at this day come the plaintiffs by their attorney but the said defendants although duly summoned and called come not, therefore the Court doth order the petition of said plaintiffs be taken against said defendants as confessed, and this cause is submitted to the Court upon the pleadings and proof and the Court having duly heard and considered the said proof, 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 ninteen 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 have thereof execution.
**Brevant Butt etal vs The bank of the State of Mo., garns**
The garnishee herein withdraws by leave of Court the original answer, and files a new answer herein.
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**Viewer Page 405** (rcdbook1856_26_0404.jpg)
> Handwritten Page Number on Record Book: 398
The Court met pursuant to adjournment. Present as before.
**Milton N.Mc Lean's admr vs Henry Brundy**
Ordered by the Court that this cause be continued until the next term of the Court.
**Squire Hall Jr vs William H Deriar**
The defendant files an answer herein.
**Jesse Hage vs Daniel D.Page et al**
Ordered by the Court that this cause be continued until the next term of the Court.
**August J.Carpenter vs Thomas Watt**
By consent of parties, this cause is continued until the next term of the Court.
**John R.Shepley et al vs James C. Musick**
Ordered by the Court that this cause be continued until the next term of the Court.
**Charles C.Whitteley admr re vs Jullia C. Beckwith admr re**
The Court having duly heard and considered the Demurrer of said defendants to the petition of said plaintiff and being fully advised, doth order that the same be sustained.
**John Haleall vs Daniel D. Page et al**
By leave of Court each count of petition amended so as to read "which and interest thereon are still due".
**William A. Lee vs Samuel Sides**
Now at this day come said parties by their respective attorneys and neither party requiring a Jury, this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth assess the damages of said plaintiff in the sum of One hundred and thirty four dollars and fifty cents. It is therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assessed and his costs and charges herein expended and have execution therefor.
**Thomas J. Kyser vs John O.Fallon Jr**
For False Imprisonment.- Now at this day come said parties by their respective attorneys and there upon also a Jury to wit: Henry Gass, Thomas Bartlett. A. F. Hummitch, Benjamin Thornburgh, Francis Feldmann I.C.Durham, Charles Yiing, G.L.Meinberg, H.Bishopp, P.J.Thompson, H.Miller and Lindell L.Melcher, twelve good and lawful men, who being duly elected, tried and sworn the matters in controversy well and truly to try, the trial of this cause progressed, but not being finished is laid over until tomorrow.
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**Viewer Page 406** (rcdbook1856_26_0405.jpg)
> Handwritten Page Number on Record Book: 399
**Josiah H Obear vs George B.Michael**
Now at this day come again said parties by their respective attorneys and the Jury sworn and empannelled herein also come and the trial of this cause being concluded, the Jurors aforesaid, upon their oaths aforesaid find the issue joined in favour of said plaintiff and assess his damages at the sum of One hundred and ninety six dollars and eighty seven cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid as assessed and his costs and charges herein expended and have execution therefor.
**Donald M Pherson vs John Larguy admr**
Motion to suppress depositions filed on part of the defendant filed.
**Adolph L.Kornick vs Louis M. Gumpertson**
Confession of Judgment.- Now at this day comes the said defendant and files a statement duly verified by affidavit whereby he confesses himself indebted to said plaintiff in the sum of One Thousand seven hundred and forty eight dollars and sixty seven cents; and consents that Judgment be rendered against him for said sum. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confessed, and the costs and charges herein expended and that he have thereof execution.
**George D.Little and Charles H.Olcott vs R.Shields**
On Note.- Now at this day come the said plaintiffs by their attorney, but the said defendant although duly notified and called comes not, but makes default, therefore the Court doth order the petetion of said plaintiffs be taken as confessed and this cause is submitted 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 thirty seven dollars and twenty five cents. It is therefore, considered 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 have execution therefor.
**Barbara Schnerr administratrux of the Estate of Ernst Schnerr, died vs Theodore P.Greene**
Change of Venue to Common Pleas Court. By consent of parties, it is ordered by the Court that this cause be transferred to the Saint Louis Court of Common Pleas for further proceedings in the same; and that the Clerk of the Court make our a full and complete transcript of the record and proceedings herein and deliver the same duly certified to the Clerk of said Court of Common Pleas, as required by law.
**The State of Missouri vs William Burke**
Dedimus.- On motion of said defendant by his attorney, it is ordered by the Court that a dedimus issue herein to the State of Illinois, to take depositions of witnesses, on the part of the said defendant.
**James Smith vs Andrew 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.
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**Viewer Page 407** (rcdbook1856_26_0406.jpg)
> Handwritten Page Number on Record Book: 400
The Court met pursuant to adjournment. Present as before.
**John Grether vs Wm B. Watson**
Order for the Delivery of personal property. - 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 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.
**Hezekiah Claggett vs Edward Hale Jr etal**
Motion for new trial filed.
**Enoch C. Brown vs Lorenzo P. Sanger etal**
The defendants having filed an additional affidavit for a continuance of this cause, the Court doth order that said cause be continued on said affidavit, at the costs of said defendant.
**Robert S. Armstrong etal vs E. G. Tuttle gar re**
Denial of answer filed.
**Richard Rowland vs Mary E. Rowland**
Reply filed.
**Augustus H. Evans vs James B. Colt**
On Note. Now at this day comes the said plaintiff but the said defendant although duly notified and solemnly called comes not, wherefore, on motion of said plaintiff by his attorney, it is ordered by the Court that his petition be taken against said defendant as confessed; and this cause is submitted 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 Thirteen hundred and twenty dollars and twenty four cents. It is, therefore, considered 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 have execution therefore.
**In the matter of the assignment of Rogers, Anderson & Co**
Fifteen days further time is given said parties to file a complete inventory herein.
**Thomas J. Ryser vs John O. Fallon Jr**
Now at this day come the said parties by their respective attorneys and the jury sworn and empannelled herein also come, and by consent of parties Henry Goss, a juror in this cause is excused, and the trial of this cause progressed with eleven jurors, but the same not being concluded is laid over until to-morrow.
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**Viewer Page 408** (rcdbook1856_26_0407.jpg)
> Handwritten Page Number on Record Book: 401
**Lorenzo Braun, Andrew Krug Ferdinand Braun and George Bresoler vs Napoleon B. Franklin**
Satisfaction of Judgment, and Dismissal of Suit. - It is agreed by the parties herein, that the judgment heretofore rendered in this cause is satisfied; and the plaintiffs by their attorney at this day acknowledge full and entire satisfaction of the same. By consent of parties, it is ordered by the Court that this cause be dismissed at the costs of the defendant and that execution issue therefore.
The Court met pursuant to adjournment. Present as before.
**Hezekiah Claggett vs Edward Hale Jr and Joshua H. Alexander**
Now at this day comes the said plaintiff by his attorney and remits, on the judgment obtained by him on the tenth day of November for five hundred and six dollars, against the said defendant, the sum of Twenty six dollars and forty cents.
**John H. Rohling vs John Guttrod**
Motion for new trial and in arrest of judgment filed.
**Frederick Saal vs The Terre Haute Allon and St Louis Rail Company**
Dedimus.
On motion of said plaintiff by his attorney, it is ordered by the Court that a commission issue herein to the State of Illinois, to take depositions of witnesses on the part of said plaintiff.
**Mary Ann Webster vs Joseph H. Webster**
Motion to set aside the judgment of Divorce heretofore rendered in this behalf, is, by consent of parties withdrawn.
**Thomas J. Kyser vs John O. Fallon Jr**
Now at this day come the said parties by their respective attorneys and the jury sworn and empannelled herein also come and the trial of this cause progressed, but not being finished is laid over until Monday morning at Ten O' clock.
**Charles C. Whiltelsey admr &c vs Tullia C. Beckwith admx &c**
Plaintiff amends his petition by dismissing as to Marshall Bro. Therton, executor of Rene Paul, deseased, David Thomas, Joseph H. Garrett administrator of Joseph Garrett, James M. Bucklin and Walter H. Dorsett, and withdraws his prayer for relief as to the said parties so dismissed.
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**Viewer Page 409** (rcdbook1856_26_0408.jpg)
> Handwritten Page Number on Record Book: 402
**Nancy Link etal vs Francis B. Edmondson etal**
Order for Execution. - It appearing to the satisfaction of the Court that a judgment was rendered in this cause on the twenty ninth day of January, Eighteen hundred and fifty five in favor of said plaintiffs for the damages to which said Nancy Link was entitled to dower, and that the defendants were thereby required to pay to the said Nancy the sum of Two hundred and fifty dollars on the 17th day of May Eighteen hundred and fifty seven, and on the same day, in every year thereafter during the natural life of said Nancy Link; and it appearing that the said Nancy is still living and that the said defendants have wholly failed to pay her said yearly instatement, due on the seventeenth of May, last, Now, therefore, on motion of John R. Shepley, attorney for said plaintiffs, it is ordered that an execution issue against said defendants for the sum of Two hundred and fifty dollars, with six per cent interest, in conformity to the statute in such case made and provided.
**Margaret Ann Scott vs John H. Scott**
Divorce. - Now at this day comes the said plaintiff by her attorney but said defendants although duly summoned and called comes not, wherefore on motion of said plaintiff by her attorney, it is ordered that her petition be taken against said defendant as confessed, and the Court proceeding to hear the proofs in said cause and being satisfied from such proofs that said plaintiff is an innocent and injured party, therefore, it is ordered, 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 and it appearing to the Court that said defendant from his habits and course of life is an unsuitable person to have the care, custody and maintenance of the said infant child Arabella, mentioned in the petition of said plaintiff who is of tender years, it is further adjudged and decreed that the said plaintiff have the care, custody and maintenance of the said child, and that the said defendant be restrained and enjoined from interfering with the plaintiff in this behalf until the further order of this Court. It is further ordered by the Court that said plaintiff pay the costs and charges of this proceeding and that execution issue therefore.
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**Viewer Page 410** (rcdbook1856_26_0409.jpg)
> Handwritten Page Number on Record Book: 403
The Court met pursuant to adjournment. Present as before.
**The State of Missouri vs William Burke**
Depositions on the part of plaintiff filed.
**Joseph Dehart vs Daniel D. Page and Henry D. Bacon**
One Bill of Exchange. Now at this day come the said plaintiff by his attorneyand the answer having been withdrawn, 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 are indebted to said plaintiff in the sum of Five hundred and thirty five dollars and sixty 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 have execution therefore.
**Thomas J. Kyser vs John O. Fallon Jr**
Now at this day come again said parties by their respective attorneys and the jury sworn and empannelled herein also come and the trial of this cause progressed, but not being finished is laid over until to-morrow.
**Thomas Skinker vs Zachariah M. Pedan**
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 therefore.
**William R. Janeway and Henry L. Janeway vs Daniel D. Page and Henry D. Bacon**
On Notes. - Now at this day come the said plaintiff, and the answer filed in this cause having been withdrawn by the attorney of said defendants, this cause is submitted 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 Two thousand five hundred and ninety seven dollars and eighty four 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 have execution therefor.
**David Y. Bridges and Davis C. Chapman vs John W. Hedenberg, surviving partner of John H. Russell, decd**
Now at this day come said parties by their respective attorneysand thereupon come also a jury, to wit: E. A. Rheinheimer Bernard Gordes, Zacharial Maas, George Kissell, Jacob Hoster, Christian Rochrig, D. Parkhurst, William H. Sawyer, James B. Humes, Joseph G. Aubichon, John Barr and Alexander Jefferson twelve good and lawful men who being duly elected, tried and sworn well and truly to try the matters in controversy between the parties, the trial of this cause progressed, but not being concluded is laid over until to-morrow.
**John Tevis vs Charles R. Hall etal**
Additional answer filed by leave of Court.
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**Viewer Page 411** (rcdbook1856_26_0410.jpg)
> Handwritten Page Number on Record Book: 404
**Patrick Hogan vs Joseph K. Bent**
By consent of parties this cause is continued until the next term of this Court.
St Louis Missouri
Court met pursuant to adjournment. Present as before.
**Thomas B. Carter, Elihu Baker Jesse B. Sutton, Theodore Thompson and Isaac N. Joham vs Frank Spencer**
On Account. Now at this day comes the said plaintiff by their attorney but the said defendant although duly summoned and called comes not, but makes default, wherefore the Court doth order the petition of said plaintiffs be taken against him as confessed, and the plaintiffs waiving a jury this cause is submitted to the Court upon the petition and proofs, and the Court having duly heard and considered the same, doth assess the damages of said plaintiffs at the sum of Two-hundred and forty nine dollars and thirty three cents. It is, therefore, considered 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 have execution therefor.
**William H. Bollon vs Frank Spencer**
On Account. - 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 the Court doth order the petition of said plaintiff be taken against him as confessed, and the plaintiff waiving a jury, this cause is submitted to the Court upon the petition and proofs and the Court having duly heard and considered the same, doth assess the damages of said plaintiff at the sum of Two-hundred and seventy one dollars and nineteen cents. It is, therefore, considered by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as assessed and his costs and charges herein expended and have execution therefore against the property attached at the commencement of this suit.
**David B Fisk and Samuel W. Ripley vs Frank Spencer**
On Account. 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 the Court doth order the petition of said plaintiffs be taken against him as confessed; and the plaintiffs waiving a jury, this cause is submitted to the Court upon the petition and proofs, and the Court having duly heard and considered the same, doth assess the damages of said plaintiffs at the sum of Five hundred and forty nine dollars and thirty one cents. It is, therefore, considered by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as assessed and their costs and their costs and charges herein expended and have execution therefore against the property attached at the commencement of this suit.
**Henry Boernstein etal vs Simon Eimer**
By consent of parties, it is ordered that this cause be continued until the next term of the Court.
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**Viewer Page 412** (rcdbook1856_26_0411.jpg)
> Handwritten Page Number on Record Book: 405
**Robert A. Pearis vs Daniel D. Page and Henry D. Bacon**
On Note. Now at this day comes the said plaintiff, and the said defendants by their attorney having withdrawn the answer filled by them, and 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 thousand Two hundred and thirty eight Dollars and fifty cents. It is, therefore, Considered 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 have thereof execution.
**State of Missouri to use of Abram Inslee vs August Rapschlarger etal**
Continued until the next Term of Court, as on affidavit, at the costs of said plaintiff, and that execution issue therefor.
**Isaac Mori vs W. Jories**
By consent of parties, it is ordered by the Court that this Cause be continued until the next term of the Court.
**The Saint Louis and Iron Mountain Rail Road Company vs Jubin Gamache**
Motion to strike out parts of answer filed.
**The Saint Louis and Iron Mountain Rail Road Co vs John G. Berghoff**
Motion to strike out answer and for judgment filed.
**Ashley C. Sugg etal vs John J Roe**
Bill of Executions filed.
**Griffin P Theobold etal vs St Louis Lumbermen & Mechanics Insurance Company**
On motion of the said plaintiffs by their attorney, it is ordered by the Court that this cause be continued, as on the affidavit of said plaintiffs, until the next term of the Court, at the costs of said plaintiffs and that execution issue therefore.
**The Saint Louis and Iron Mountain Rail Road Co vs Anthony H. Menken's etal**
Motion to strike out parts of answer filed.
**The St Louis and Iron Mountain Rail Road Co vs Richard P. Prarada**
Motion to strike out parts of answer filed.
**George W. Higgins vs Nicholas D. Martin**
Dismissal. - On motion of said plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of the plaintiff and that execution issue therefor.
**George M. Ballas, Jr vs Lavenia Ballas**
Amended answer filled.
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**Viewer Page 413** (rcdbook1856_26_0412.jpg)
> Handwritten Page Number on Record Book: 406
**David Y. Bridges etal vs John W. Hedenberg, surviving etal**
Now at this day come again said parties by their respective attorneys and the Jury empannelled and sworn herein also come and the trial of this cause progressed, but not being concluded is laid over until tomorrow morning.
**Thomas J. Kyser vs John O. Fallon, Jr**
For False Imprisonment. Now at this day come again said parties by their respective attorneys and the jury sworn and empannelled herein also come and the trial of this cause progressed, and now being finished the jurors aforesaid upon their oaths aforesaid find the issue joined in favor of said plaintiff and assess his damages by reason of the premises mentioned in his petition at the sum of One Thousand Dollars. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assessed and his costs and charges herein expended and have execution therefore.
**James Harrison vs Samuel Lutee and A. Linville**
On motion of said plaintiff by his attorney, it is ordered by the Court that an alias writ issue herein returnable to the next term of the Court.
**Addison G. Bragg vs Benjamin W. Grover**
On Account Due Bill. - 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 it is ordered that his petition be taken against said defendant as confessed; and thereupon this cause is submitted to the Court upon the petition, exhibits and proofs and the Court having duly heard and considered the same, doth find that said defendant is indebted to said plaintiff in the sum of Two hundred and fifty four dollars and seventy four cents. It is, therefore considered 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 have thereof execution.
**John Roy and Charles H. Harber vs John Halliday, surviving partner &c Ferdinand Weleker and Francis Mayer**
The Court having duly heard and considered the motion of said plaintiffs for Judgment upon the answer of Francis Mayer, and being thereof fully advised doth order that said motion be sustained; and the said other defendants although duly summoned and called come not, Wherefore the Court doth order the petition of said plaintiffs be taken against them as confessed and the plaintiff thereupon 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 Two-hundred and Twenty one Dollars and fifteen cents. It is further considered by the Court that the said judgment bear ten per cent per annum until paid, and that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and their costs and their charges herein expended and have execution therefore.
**Robert P. Hall vs Millon Hawley etal**
Dismissal. On motion of said plaintiff by his attorney it is ordered by the Court that this cause be dismissed at the costs of the plaintiff and that execution issue therefore.
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**Viewer Page 414** (rcdbook1856_26_0413.jpg)
> Handwritten Page Number on Record Book: 407
The Court met Pursuant to adjournment Present as before.
**Helen M. Swain vs Thomas Swain**
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 therefore.
**Job P. Doan and John H. Farrell vs John Mc Fee**
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 plaintiffs by their attorney, ordered that said defendant be notified of the commencement of this suit, the object of which is to recover of him the sum of Twelve hundred and seventy six dollars and seventy five cents on account of a promissory note, executed by the defendant to the plaintiffs, at the City of Philadelphia, March 30th 1857, payable eight months after date, and that his property has been attached; and that unless he appear at the next term of this Court, to be begun and held at the City of St Louis, on the Fourth Monday of February next, and on or before the third day thereof, answer the petition of said plaintiffs, the same will be taken against herein as confessed; judgment rendered against him, and his property sold to satisfy the same and it is further ordered that a copy hereof be published according to law in the Saint Louis Missouri Democrat.
**Harney H. Humphrey vs James Costello**
Now at this day comes the attorney of said plaintiff and suggests the death of the said plaintiff and the same is not denied. It is ordered that this cause be continued until the next term of Court.
**John Hughes vs J. H. Crane**
Dedimus. On motion, it is ordered that a commission issue herein to the state of Ohio, to take depositions of witnesses, on the part of the said defendant.
**David Y. Bridges and Daniel C. Chaprian vs John W. Heden bero, surviving partner of John H.Russell, deed**
Now at this day come again said parties by their respective attorneys and the Jury sworn and empannelled herein also come and the trial of this cause progressed, but now being finished the Jurors aforesaid, upon their oaths aforesaid find the issue joined in favor of said plaintiffs, and assess their damages at the sum of Four hundred Dollars. It is, therefore, considered 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 have thereof execution.
**Simon Abeles vs Henley Papin**
Now at this day comes the said plaintiff by his attorney and elects for trial, the second cause of action mentioned in his petition.
**In the matter of James Castello**
Now at this day comes James Castello, Esquire, Sheriff of the County of St Louis, and presents his certificate of election, as such Sheriff with the oath of office, there to attached and also his official bond, conditioned according to law, in the sum of Fifty Thousand Dollars, with John M. Wimers, Francis P. Blair Jr, John B. Bogart and Michael Bowers as securities; and it appearing to the satisfaction of the Court that said bond has not here to fore been approved, in conformity to the Statutes in such case made and provided, it is, therefore, ordered that said bond be and the same is hereby approved.
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**Viewer Page 415** (rcdbook1856_26_0414.jpg)
> Handwritten Page Number on Record Book: 408
**James A. Conway vs J. A. Capurro**
Now at this day come said parties by their respective attorneys and Thereupon come also a jury to wit: Henry Spence, Joseph Hodgeman, John Miller, George B. Sanderson Henry C. Hart, Garrett Schultze, Warner Meyer, H. Hubert, James Song, Frederick Kock, L. F. Hastings and Christian Nieman, twelve good lawful men, who being duly elected, tried and sworn, well and truly to try the matters in controversy between the said parties the trial of this cause progressed and being concluded, the Jurors aforesaid upon their oaths aforesaid find the issue joined in favor of said plaintiff and assess his damages at the sum of one hundred and fifty dollars. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assessed and his costs charges herein expended and have execution therefore.
**The Bank of the State of Missouri vs Edwin R. Mason & J. W. Hall**
Motion to strike out answer and for judgment filled.
**State of Missouri, for the use of Solon Humphreys vs Charles W. Hicks, Socrates Newman, John Horr and Theodore Sal Beaume**
Nonsuit. Now at this day come the said defendants by their attorney but the said plaintiff although duly notified and solemnly called comes not, wherefore on motion of said defendants 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 its said suit in this behalf, but that said defendants go hence without day and recover of said plaintiff their costs and charges herein expended and have execution therefore.
**Abigail Walther vs Carlos F. Walther**
Nonsuit. Now at this day comes said defendant by his attorney but the said plaintiff although duly summoned and solemnly called comes not, wherefore, on motion of said defendant 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 her 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 have execution therefore.
**Mary J. Shultz vs Alexander Mitchell**
On motion of said plaintiff by her attorney, it is ordered by the Court that this cause be continued until the next term of the Court, at the costs of said plaintiff.
**James Foy vs John Wasson etal**
The plaintiff, by leave of Court, files an amended petition herein.
**Eugeue Jaccord, Augustus S. Mermod and D. Constant Jaccord vs Alexander M. Mitchell**
Now at this day come said parties by their respective attorneys and neither party requiring a Jury, this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth assess the damages of said plaintiff at the sum of six hundred and forty five dollars and eighty cents. It is therefore, considered 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 have execution therefore.
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**Viewer Page 416** (rcdbook1856_26_0415.jpg)
> Handwritten Page Number on Record Book: 409
**Thomas S. Nelson vs Christoph Nieman**
Nonsuit. Now at this day comes the said defendant by his attorney, but the 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 by the Court that said plaintiff take nothing by his suit in this behalf, but that said defendant go hence without day and recover of said plaintiff his costs and charges herein expended and have thereof execution.
**Simon Abeles vs Henley Papin**
On motion of the plaintiff by his attorney, it is ordered by the Court, that said defendants file an answer to the amended petition on or before Tuesday next. Demurrer to amended petition filed.
**Ezekiel Pine vs Peter B. Gareschi administrator of Wm H. Rice, deceased**
Judgment. Now at this day come the said parties by their respective attorneys and thereupon come also a Jury to wit; E. A. Rheinheimer John Miller, Zachariah Maas, George Kissell, Jacob Hoster, C. Rohrig, D. Parkhurst, William H. Sawyer, James B. Humes Joseph G. Aubichon, John Barr and Alexander Jefferson twelve good and lawful men who being duly elected, tried and sworn, well and truly to try the matters in controversy between the parties aforesaid, the trial of this cause progressed, but not being finished is laid over until tomorrow morning at Ten O' clock.
**William Jones vs Thomas Rutherford etal**
The Court having duly heard and considered the motion made by the said defendant to strike parts of the petition of said plaintiff and being thereof fully advised, doth order that the same be over ruled. Thereupon the Defendant files a Bill of Exception herein.
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**Viewer Page 417** (rcdbook1856_26_0416.jpg)
> Handwritten Page Number on Record Book: 410
The Court met pursuant to adjournment. Present as before.
**Elizabeth Hart vs Samuel Hart**
Divorce. Now at this day comes the said plaintiff by her attorney, but the said defendant although duly notified and solemnly called comes not, wherefore on motion of said plaintiff by her attorney this cause is submitted to the Court upon the pleadings and proofs, and the Court proceeds to hear the testimony in this cause, and the Court being satisfied from such testimony that the said plaintiff is an innocent and injured party, it is therefore, considered 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 right and privileges of an unmarried person. and it is further considered by the Court that all property both real, personal and mixed, or the proceeds thereof which belonged to the plaintiff prior to her marriage with said defendant, or that was acquired by her subsequent thereto, and that remained undisposed of on the Fourth day of May, Eighteen hundred and fifty seven, shall revert to said plaintiff; and that all notes, moneys and other evidences of debt now in the hands of her attorneys Manning and Merryman, which may have been taken on account of the sale of her lands in the City of Peoria and State of Illinois and account to her for the same. And it is further considered by the Court that the sum of Five hundred dollars be allowed to said plaintiff by the said defendant for maintenance and support during the pendency of this suit. And it is further considered by the Court that the sum of Five hundred dollars per year be paid said plaintiff for her alimony upon the nineteenth day of May next, and on the nineteenth day of May of each and every year there after, during the natural life of said plaintiff or until the further order of this Court to be charged upon and paid out of the property of said defendant and it is further ordered that the said defendant pay the costs and charges of this proceeding and that execution issue therefore.
**Eugene Jaccard etal vs Alexander M. Mitchell**
Defendant files a motion for a new trial of this cause.
**Edward A. Austin vs Mary C. Austin**
On motion of said plaintiff by his attorney, it is ordered by the Court that an alias wit of summons issue herein returnable to the next term of the Court.
**Mary Scott vs Thomas Scott**
On motion of said plaintiff by her attorney, it is ordered by the Court that an alias wit of summons issue herein returnable to the next term of the Court.
**Donal M Pherson vs John Byrne Jr executor etal**
The Court having duly heard and considered the motion filed by said plaintiff to suppress the depositions filed on the part of said defendant, and being thereof fully and sufficiently advised doth order that the same be sustained.
**Franklin Grube vs Ft M. Meyers**
By consent of parties, it is ordered by the Court that this cause be continued until the next term of this Court.
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**Viewer Page 418** (rcdbook1856_26_0417.jpg)
> Handwritten Page Number on Record Book: 411
**Richard Bird vs Daniel D. Page, Henry D. Bacon and Thomas Bronn**
On Notes. Now at this day comes the said plaintiff by his attorney, and the said defendants by their attorney having withdrawn the answer filed by them, this cause is submitted 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 defendants are indebted to said plaintiff in the sum of Two Thousand seven hundred and Ten dollars and fourteen 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 have thereof execution.
**Ezekiel Pine vs Peter B. Garesche administrator of Wm H.Rice**
Appeal from Probate Court. Now at this day come again said parties by their respective attorneys and the Jury Sworn and empannelled herein also come and the trial of this cause being concluded the Jurors aforesaid upon their oaths aforesaid find the issue joined in favor of said plaintiff and assess his damages at the sum of Four hundred and seven dollars and sixty five cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assessed by the Jury and his costs and charges herein expended.
**James M. M Cullungh vs William A. Wilson and Thomas James**
Dismissal. On Motion of said plaintiff by his attorney it is ordered by the Court that this cause be dismissed at the costs of the plaintiff and that execution issue therefor.
**David Y. Bridges etal vs John W. Hedenberg**
Motion for new trial filed.
**George G. Prisbury etal vs Leander Laurence**
Now at this day come said parties by their respective attorneys and thereupon come also a jury to wit; John A. M Ginn, L. F. Hastings Frederick kock, James Long, H. Hubert, Garrett Schulte, Henry C. Hart, George C. Sanderson, Bernard Gordes, Joseph Hodgemen and Henry Spence, eleven good and lawful men, who are taken by consent of parties, and who being duly elected, tried and sworn the matters in controversy well and truly to try, the trial of this cause progressed, but not being concluded is laid over until tomorrow.
**Stephen Hoyt and George C. Greene vs James Johnson**
On Note. - Now at this day come said plaintiffs by their attorney but the said defendant although duly summoned and called comes not but makes default, wherefore the Court doth order the petition of said plaintiffs be taken as confessed, and thereupon the plaintiffs submit 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 and is indebted to said plaintiffs in the sum of Two hundred and one dollars. It is, therefore, considered 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 have execution therefore. It is Further ordered by the Court that said judgment bear interest at the rate of ten per cent per annum, until paid.
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**Viewer Page 419** (rcdbook1856_26_0418.jpg)
> Handwritten Page Number on Record Book: 412
**Irwin Z. Smith vs John Sigerson**
Now at this day comes the said plaintiff in his own proper person and consents and agrees that there may be a stay of execution on the judgment obtained by him against said defendant, for the space of twelve months.
The Court met pursuant to adjournment. Present as before.
**William W. M. Bay trustee of Flora Byrne vs Joseph Wescott and Cornelius D Sullivan**
On motion of said plaintiff, it is ordered by the Court that this cause be continued, as on the affidavit of said plaintiff, until the next term of Court.
**Newlon S. Gay etal vs Milford Smith**
By consent of parties, it is ordered by the Court that this cause be continued until the next term of this Court.
**John P. Schenck vs Timothy Ives**
Motion to strike out answer and for judgment filed.
**Mary Dawes vs Jacob Bernreither and Margaret Bernreither his wife**
Now at this day come the said parties by their respective attorneys and thereupon come also a Jury to wit: Henry Spence Joseph Hodgeman, Bernard Gordes, George B. Sanderson Henry C. Hart, Garett Schulte, Werner Meyer, H. Hubert James Long, Frederick Kock, L. F. Hastings and John A. M Ginn, twelve good and lawful men who being duly elected tried and sworn well and truly to try the issue joined, the trial of this cause progressed and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiff and assess her damages at the sum of Two-hundred Dollars. It is, therefore considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as assessed and her costs charges herein expended and have execution therefore.
**Kate Dames vs Jacob Bernreither and Margaret Bernreither, his wife**
Now at this day come the said parties by their respective attorneys and thereupon come also a Jury, to wit: Henry Spence, Joseph Hodgeman, Bernard Gordes, George B. Sanderson Henry C. Hart, Garett Schulte, Werner Meyer, H. Hubert, James Long, Frederick Kock, L. F. Hastings and John A. Mc Ginn, twelve good and lawful men, who being duly elected tried and sworn well and truly to try the matters in controversy between the parties aforesaid, the trial of this cause progressed and being concluded the Jurors aforesaid upon their oaths aforesaid find in favor of said plaintiff and assess her damages at the sum of Two-hundred Dollars. It is therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as assessed and her costs and charges herein expended and have execution therefore.
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**Viewer Page 420** (rcdbook1856_26_0419.jpg)
> Handwritten Page Number on Record Book: 413
**Isaac Walker vs Benjamin F. Beasley and Pleasant Devinney**
On Account. - Now at this day comes the said plaintiff by his attorney, and the said defendants Benjamin F. Beasley withdraws the answer filed by him, and the said defendants although duly notified and solemnly called come not, wherefore the Court doth order the petition of said plaintiff be taken against them as confessed, and the plaintiff waiving a Jury this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth assess the damages of said plaintiff at the sum of One hundred and seventy five dollars and Seventy five cents. It is, therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as assessed and his costs and charges herein expended and have execution therefor.
**Outten D. Lewis vs Nancy E. Lewis**
Now at this day this cause coming on for trial and no person appearing to prosecute the same, the Court doth order that it be dismissed for want of prosecution at the costs of the plaintiff and that execution issue therefore.
**Emile Block etal vs Steam Boat Louisville**
By consent of parties, it is ordered by the Court that this cause be continued until the next term of the Court.
**James C. Walker vs George G. Presbury**
By consent of parties, it is ordered by the Court that this cause be continued until the next term of the Court.
**Isaac Bernheimer vs Abraham Newmark**
By consent of parties, it is ordered by the Court that this cause be continued until the next term of the Court.
**William A. Brown & Charles B. Howard vs Samuel Juevby and John Valentine**
It appearing to the satisfaction of the Court that the plaintiffs have failed to file security for costs, it is therefore, on motion of said defendants by their attorney ordered that this cause be dismissed for want of such security at the costs of the plaintiffs and that execution issue therefore.
**Robert Stevens vs Brainard Million etal**
On motion of said plaintiffs by his attorney, it is ordered by the Court that an alias wit issue herein against the said defendant John L. Million, returnable to the next term of the Court.
**George G. Presbury vs Leander Lawrence**
Now at this day come again said parties by their respective attorneys and the Jury sworn and empannelled herein also come and the trial of this cause being concluded the Jurors aforesaid upon their oaths aforesaid find the issue joined in favor of said defendant. It is therefore, considered by the Court that said plaintiff takes nothing by his suit in this behalf but that said defendant go hence without day and recover of said plaintiff his costs and charges herein expended and have execution therefor.
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**Viewer Page 421** (rcdbook1856_26_0420.jpg)
> Handwritten Page Number on Record Book: 414
**Sr G. Goulding vs H. W. Smith gar &c**
Denial of answer filed.
**Sr G. Goulding vs E. G. Fultte gar &c**
Denial of answer filed.
**The Saint Louis and Iron Mountain Rail Road Company vs A. Hinzpeter**
On Agreement. Now at this day comes the said plaintiff by its attorney, but the said defendant although duly summoned and called comes not, wherefore the Court doth order that the petition of said plaintiff be taken against him as confessed, and the plaintiff waiving a Jury submits this cause upon the petition and exhibits, and the Court having duly heard and considered the same, doth assess the damages of said plaintiff at the sum of One hundred and twenty six dollars and fifty cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assessed and to costs and charges herein expended and have thereof execution.
**Donald M Therson vs John Byrne executor of John Largy**
Now at this day come said parties by their respective attorneys and neither party requiring a Jury this cause is submitted to the Court upon the pleadings and proofs, and the trial of this cause progressed, But the said plaintiff says he will not further prosecute his suit in this behalf, wherefore it is ordered by the Court that said plaintiff take nothing by his suit in this behalf, but that said defendant go hence without day and recover of said plaintiff his costs and charges herein expended and have execution therefore.
**Samuel L. Moses and Julius L. Moses vs William C. Defriez**
Now at this day come said parties by their respective attorneys and thereupon come also a Jury to wit: E. A. Reinheimer, John Miller, John A. M Ginn, George Kissel, Henry C. Hart, Christian Roehrig, D. Parkhurst, Wm H. Sawyer, James B. Humes, Joseph G. Anhichon John Barr and Alexander Jefferson, twelve good and lawful men who being duly elected, tried and sworn the matters in controversy well and truly to try, the trial of this cause progressed, but not being concluded is laid over until to morrow morning.
John S. M Cunre, who is personally known to the Court, comes in open Court and acknowledges the execution by him of a deed of emancipation in favor of his slave Susan Jane Thomas and any increase which she may have when she becomes twenty four years of age to wit: on the twenty ninth day of October, eighteen hundred and seventy four; also of a deed of emancipation to Rose Dixon when she becomes of Twenty four years of age to wit: on the Fifth day of April eighteen hundred and seventy three; also of a deed of emancipation to Irene Thomas, when she becomes twenty four years of age, to wit, on the nineteenth day of February, Eighteen hundred and seventy six, which said acknowledgement and freedom pupers, will be more fully understand by an examination of said deeds, on the files of this Court.
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**Viewer Page 422** (rcdbook1856_26_0421.jpg)
> Handwritten Page Number on Record Book: 415
The Court met Pursuant to adjournment. Present as before.
**Ezekiel Pine vs P. B. Gareschi, admr &c**
Motion for new trial filed.
**Augustus F. Shapleigh vs John Sigerson etal**
It is ordered by the Court that this cause he continued until the next term of this Court, at the costs of the said defendants.
**Benjamin Lithaner vs Morris Raphaelsky**
Depositions filed.
**William Simmons vs Edwin A. Skeele**
Depositions filed.
**Samuel L. Moses etal vs William C. Defriez**
Now at this day come again said parties by their respective attorneysand the Jury sworn and empannelled herein also come and the trial of this cause progressed, but not being finished is laid over until Monday morning next, at Ten o' Clock.
**John Barley vs John F. Washington**
Dismissal. On motion of said plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of the plaintiff and that execution issue therefore.
**William H. Lape vs John F. Washington**
Dismissal. On motion of said plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of the plaintiff and that execution issue therefore.
**Brevoit Butter etal vs The Ohio Life Insurance and Trust Company**
The plaintiffs by their attorney file an amended petition herein by leave of Court, and on motion of said plaintiffs by their attorney it is ordered by the Court that this cause be transferred to the Saint Louis Court of common pleas, in conformity to the Statute in such case made and provided.
**Brevoit Butter etal vs The Bank of the State of Missouri gar &c**
On motion of said plaintiffs by their attorney, it is ordered by the Court that this cause be transferred to the Saint Louis Court of Common Pleas, in conformity to the statute in such case made and provided.
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**Viewer Page 423** (rcdbook1856_26_0422.jpg)
> Handwritten Page Number on Record Book: 416
The Court met Pursuant to adjournment. Present as before.
**Mary L. Tarr vs William Tarr**
Order of Publication. The plaintiff having filed an affidavit stating that said defendant is a non resident of the State of Missouri, and the Court being satisfied that the said defendant 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 a suit has been instituted against him, the object of which is to obtain a judgment of divorce on the ground of desertion; and that unless he be and appear at the next term of this Court to be begun and held on the Fourth Monday of February next, and on or before the sixth day thereof, answer the petition of said plaintiff, the same will be taken against him as confessed. It is further ordered that a copy hereof be published according to law, in the Saint Louis Evening items and intelligencer.
**Samuel L. Moses and Jnlins L. Moses vs William C. Defriez**
Now at this day come again said parties by their respective attorneys and the Jury sworn and empannelled herein also come and the trial of this cause being finished the Jurors aforesaid upon their oaths aforesaid find the issue herein joined in favor of said defendant. It is, therefore, considered by the Court that said plaintiffs take nothing by their said suit in this behalf, but that said defendant go hence without day and recover of said plaintiffs his costs and charges herein expended and have execution therefore.
**Joseph S. Hull vs James M. Lyon etal**
Now at this day come again said parties by their respective attorneys and thereupon come also a Jury to wit: Bernard Rawies, George Eshelback, John H. Fisher, George Hart Daniel Cameron, George M. Harding, H. W. Taylor, John Brooks, John D. Taylor, Pearly Childs, George C. Reed and John Renfrew 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 finished is laid over until tomorrow morning.
**Charles Tillman vs John Nevison**
Order of sale. Now at this day comes James Castello, Sheriff of Saint Louis County and files a statement, whereby it appears to the Court that the property levied upo by virtue and authority of the attachment issued in the above entitled cause is likely to deprecate in value before the probable termination of this suit, and that the keeping of the same will be attended with much expense. It is, therefore, ordered by the Court that the said James Castello, Sheriff as aforesaid do proceed to sell said property so levied upon in conformity to the statute in such case made and provided.
**The City of Saint Louis vs James B. M Koun, Nathaniel H. Clurk Augustus D. Pomeray, Thomas Andrews and A. P. Laden**
Dismissal. On motion of said plaintiff and by consent of the parties herein it is ordered by the Court that this cause be dismissed at the costs of the said defendants and that execution issue therefore.
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**Viewer Page 424** (rcdbook1856_26_0423.jpg)
> Handwritten Page Number on Record Book: 417
**Charles Webb etal vs James Castello**
Publication to portions of defendants answer filed and withdrawn.
**George J. Barnett etal vs Peter Ambs etal**
The defendants file a motion for an order on plaintiffs to elect between the various causes of action set forth in the petition.
**William P. Cowperthwait vs William Thomas**
Motion to strike out parts of petition filed.
The Court met Pursuant to adjournment. Present as before.
**Granville Becler vs John M Faul**
Motion for security for costs filed.
**Eliza R. M Cormick vs William M Cormick**
Divorce. Now at this day comes again said plaintiff by her attorneys but the said defendant although solemnly called come not, wherefore, on motion of said plaintiff by her attorney this cause is submitted to the Court upon the petition and proofs, and the Court having proceeded to hear the proofs in this cause, and having been satisfied from such proofs that said plaintiff is an innocent and injured part, It doth consider adjudge and decree 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. And it is further considered that the plaintiff pay the costs and charges of this proceeding and that execution issue therefore.
**Patrick Barrett vs Lieut Weed Oliver Goldsmith, John Cramer Franklin Hough and Conden Hough**
Order of Publication. The Sheriff having made return that the said defendants 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 that said defendants be notified of the commencement of this suit, the object of which is to recover of said defendants the sum of Two-Thousand dollars, on account of said defendants having burned and destroyed a certain log-house situated in the County of St Charles, State of Missouri, belonging to the said plaintiff; and that unless they be and appear at the next term of this Court to be begun and held at the City of St Louis, on the Fourth Monday of February next, and on or before the sixth day thereof answer the petition of said plaintiff the same will be taken against them as confessed. It is further ordered that a copy
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**Viewer Page 425** (rcdbook1856_26_0424.jpg)
> Handwritten Page Number on Record Book: 418
hereof be published according to law, in the Saint Louis Missouri Democrat.
**Christopher Clark and William Selfe vs The Ohio Life Insurance and Trust Co**
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 plaintiffs and that execution issue therefore.
**John Hoffman administrator of Benson Calvert, deceased vs Daniel L. Page and Henry D. Bacon**
On Note. Now at this day comes the said plaintiff by his attorney, and the said defendants by their attorney, withdraw the answer filed by them, Thereupon the plaintiff submits this cause to the Court, and the Court having duly heard and considered the same, it doth find from the instrument of writing upon which this action is founded that said defendants are indebted to said plaintiff in the sum of eighteen hundred and fifty four dollars and twenty four cents. It is, therefore considered 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 have execution therefore.
**David W. Hill vs James W. Bowen**
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 said plaintiffs and that execution issue therefore.
**Pacific Rail Road vs August Koch**
Non Suit. Now at this day comes the said defendant by his attorney but the said plaintiff although solemnly called comes not, wherefore on motion of said defendant, it is ordered by the Court that said plaintiff be nonsuited. It is, therefore, considered 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 have execution therefore.
**Phoche Bradley vs Samuel Bradley**
It is ordered by the Court that this cause be continued until the next term of the Court.
**Carl Kohn and Cornelris W. Ryan vs Thomas J. Dix**
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 therefore.
**Carl Kohn and Cornelris W. Ryan vs William C. Kennett**
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 therefore.
**George G. Presbury etal vs Leander Lawrence**
Motion for new trial filed.
**Joseph Charless vs Daniel D. Page etal**
Reply filed.
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**Viewer Page 426** (rcdbook1856_26_0425.jpg)
> Handwritten Page Number on Record Book: 419
**James Maxwell vs Catharine Timmonds administratrix of Jerome B. Timmonds**
Now at this day come said parties by their respective attorneys and thereupon come also a Jury to wit: Joseph Patherson, Henry Shaw, Jonathan Linton, George M Sheeters, Bernard Wissig, Frederick Mattick, Alfred Chadwick, George Walter, Robert L. Clark, Zeloties Day, Henry Miller and Fielding Kelley, twelve good and lawful men, who being duly elected, tried and sworn well and truly to try the matters in controversy between the said parties, the trial of this cause progressed, and being finished the Jurors aforesaid upon their oaths aforesaid find the issue joined in favor of said plaintiff and assess his damages at the sum of Seventy one dollars and fifty cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assessed and his costs and charges herein expended and have thereof execution.
**Charles Webb etal vs James Castello**
By consent of parties, it is ordered by the Court that this cause be continued until the next term of the Court.
**Michael Foley by John N Stratt next friend vs Thomas Foley**
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.
**The Bank of the State of Missouri vs Edwin R. Mason and J. W. Hall**
The defendants having filed an affidavit for a continuance of this cause, and the same being in conformity to the rules of Court, it is ordered that this cause be continued on said affidavit, at the costs of the said defendants.
**William H. Thompson surviving partner of Burrows Thompson vs William G Miller**
On Note. Now at this day comes the said plaintiff by his attorneys and the said defendant comes likewise, and the said parties submit this cause to the Court and the Court having duly heard and considered the same, doth finds 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 seventy cents. It is therefore, considered 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 have execution therefore.
**William P. Comperthwait vs Wiliam Thomas**
On Note. Now at this day come the said parties by their respective attorneys and submit this cause to the Court respective attorneys and submit this cause to the Court and the Court having duly heard and considered the same, it doth find from the instrument of writing upon which this cause is founded that said defendant is indebted to said plaintiff in the sum of Four hundred and Twenty one dollars and Fifty cents. It is, therefore, considered 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 have execution therefore.
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**Viewer Page 427** (rcdbook1856_26_0426.jpg)
> Handwritten Page Number on Record Book: 420
**John F. Mauntel, Henry Bulte and Mathias Bocker vs Jacob Schneider**
On Note. Now at this day come the said parties by their respective attorneys, and 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 forty one dollars and twenty five cents. It is, therefore, considered 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 have execution therefore. It is further considered by the Court that said judgment bear interest at the rate of ten per cent per annum, until paid.
**John Halsall vs Daniel D. Page, Henry D. Baeon and Thomas Brown**
On Notes. Now at this day come the parties by their respective attorneys and submit this cause to the Court, and the Court having duly heard and considered the same doth find that said defendants are in indebted upon one of said notes to the said plaintiffs in the sum of Four hundred and seventy one dollars and thirty two cents; and further that said defendants are indebted to plaintiff upon the other note in the sum of Three hundred and thirty-two dollars and fifty cents. It is therefore considered that said plaintiff recover of said defendants the aggregate of said notes, which is the sum of Eight hundred and three dollars and eighty two cents and his costs and charges herein expended and that he have thereof execution. It is Further considered by the Court that the judgment for Three hundred and thirty two dollars and fifty cents, as above found, bear interest at the rate of ten per cent per annum, until paid.
**James F. Glenn vs William E. Sattmarsh etal**
Now at this day comes the said plaintiff and suggests to the Court the death of the said defendant Charles H. Saltmarsh, and the same is not denied. Ordered by the Court that this cause be continued until the next term of the Court.
**Joseph S. Hull vs James W. Lyon etal**
Now at this day come again said parties by their respective attorneys and the jury empannelled and sworn herein also come, and the jury having duly heard and considered the issues submitted to them for trial, which are in the words and figures following to wit: "The plaintiff alledges in his petition that he paid and took up with his own money or effect the note therein mentioned and that the amount expended by him for that purpose is still due him. Ohio allegation is denied by the answer, and the issue thus formed is referred by the Court to the jury to be tried by them" and the trial of this cause being concluded, the jury aforesaid upon their oaths aforesaid find the issue for the plaintiff. It is therefore, considered by the Court that said plaintiff recover of said defendant, his costs and charges herein expended and have thereof execution.
**Charles Jeffers vs Thomas B Hadson gar &c**
The plaintiff having failed to file allegation and interrogatories, as required by law, it is on motion of the said garnishee by his attorney, ordered by the Court that said garnishee be discharged hence at the cost of the said plaintiff and that execution issue therefore.
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**Viewer Page 428** (rcdbook1856_26_0427.jpg)
> Handwritten Page Number on Record Book: 421
**The State of Missouri in relation and to the use of Isaac J. Wise admr of R. S. Curle vs George Marshall, Andrew Elliott and Kenneth Mackenzie**
Dismissal.
On motion of said plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the costs of the said plaintiff and that execution issue therefore.
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**Viewer Page 429** (rcdbook1856_26_0428.jpg)
> Handwritten Page Number on Record Book: 422
The Court met pursuant to adjournment. Present as before.
**Josiah Richards vs Robert E. W Carthy**
The Court having duly heard and considered the motion of said defendant to set aside the judgment herein and being thereof fully advised, doth order that said motion be over ruled.
**Squire Hall Jr vs William H. Deriar**
On application of said defendant by his attorney, it is ordered by the Court that this cause be continued until the next term of the Court, at the costs of the said defendant.
**The Dollars Savings Institution vs Williams Connor**
On motion of said plaintiff it is ordered that an alias writ of summons issue herein against the said defendant Wesley Connor, returnable to the next term of the Court.
**George J. Barneth and Mahlon Weber vs Peter Ambs, Ferdinand A. Reuss and Jacob Beusberg**
Now at this day come the said plaintiffs by their attorney and on their motion, it is ordered by the Court that this cause be dismissed as to the said defendant Ferdinand A. Reuss. And the Court having duly heard and considered the motion of defendants for order on plaintiffs to elect between the various cause of action set forth in their petition and being thereof fully advised, doth order that said motion be over ruled. Thereupon come the said parties by their respective attorneys and also a jury, to wit: William H. Smith, Bernard Rawie, John H. Fisher, George Hart, Daniel Cameron, George M. Harding, H. W. Taylor, John Brooks, John Decasten Taylor, Pearly Childs, Geoge C. Reed and George Eshelback, twelve good and lawful men who being duly elected tried and sworn, the matters in controversy well and truly to try the trial of this cause progressed and being finished the jurors aforesaid upon their oaths aforesaid find the issue joined in favor of said plaintiffs and assess their damages at the sum of Four hundred and fourteen dollars and thirty two cents. It is, therefore, considered by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as assessed and their costs and charges herein expended and have execution therefore.
**Bank of the State of Missouri vs John Halliday, August Camp and Henry W. Heisterhagen**
On Note. Now at this day comes the plaintiff by her attorney but the said defendants John Holliday and August Camp although duly summoned and called come not but make default, wherefore the Court doth order the petition of said plaintiff be taken against said defendants as confessed. The other defendant Henry W. Heisterhagen comes by his attorney, thereupon this cause is submitted to the Court upon the petition, answer 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 are indebted to said plaintiff in the sum of six hundred and forty dollars and sixty five cents. It is, therefore, considered by the Court that the said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and her costs and charges herein expended and have execution therefore.
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**Viewer Page 430** (rcdbook1856_26_0429.jpg)
> Handwritten Page Number on Record Book: 423
**Henry C. Wright vs Daniel D. Page, Henry D. Bacon, Edward Wyman Thomas Brown and Joseph L. Cook**
On Note. Now at this day comes the said plaintiffs by his attorney and the said defendants having withdrawn the answer filed by them, this cause is submitted 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 seventy five dollars and eighty-two cents. It is, therefore, considered 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 have execution therefore.
**William S. Moore and Elizabeth his wife vs Daniel D. Page, Henry D. Bacon Edward Wyman and Thomas Brown**
On Note. Now at this day come the plaintiffs by their attorney and the said defendants having withdrawn the answer filed by them in this behalf, this cause is submitted 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 twenty six dollars and Twenty five 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 have execution therefore.
**Robert Lindsay etal vs E. K. Woodward**
It is ordered by the Court that this cause be continued until the next term of the Court.
**Louis C. Garnier vs John Holliday and Henry W. Heisterhagen**
On Note. Now at this day come the said plaintiff by his attorney and the said Henry W. Heisterhagen also comes by his attorney but the said other defendant although duly called comes not, Thereupon this cause is submitted 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 seventy dollars and 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 this cost and charges herein expended and have execution therefore.
**Hermann Schroeder vs John W. Schaerff**
On application of said defendant by his attorney, it is ordered by the Court that this cause be continued until the next term of the Court, at the costs of the defendant and that execution issue therefore.
**James Maxwell vs Catharine Timmonds admx &c**
Motion for new trial filed.
**John Renfrew etal vs The Steam Boat Kate French**
Reply filed.
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**Viewer Page 431** (rcdbook1856_26_0430.jpg)
> Handwritten Page Number on Record Book: 424
**Samuel Howison vs Thomas L. Rives**
By Consent of parties, it is ordered by the Court that this cause be continued until the next term of the Court, at the costs of the defendant.
**Isadore Binsweinger and David Eager vs Daniel D. Page Henry D. Bacon and Thomas Brown**
On Note. Now at this day come the plaintiffs by their attorney and the said defendants by their attorney withdrawn the answer filed herein, thereupon this cause is submitted to the Court and the Court having duly heard and considered the same, doth find from the instrument on which this action is founded that said defendants are indebted to said plaintiffs in the sum of Four hundred and forty dollars and seventy five 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 have thereof execution.
**Peter Wonderly and Edward M. Haydel vs Philip D. Gordon, James H. Gordon and S. B. Wilson**
On Note. Now at this day comes the said plaintiffs by their attorney, and on his motion, it is ordered by the Court that this cause be dismissed as to the said James H. Gordon. Thereupon the said parties come by their respective attorneys and 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 four dollars and thirty seven 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 have execution therefore.
**James A. Conway vs J. A. Capurro**
Motion for new trial filed.
**John C. Powell vs Anapias Rice and John Sigerson**
On Note. Now at this day comes said plaintiff by his attorney and the said John Sigerson comes by his attorney and withdraws the answer filed by him in this behalf. Thereupon the said defendants although duly notified and called come not but make default, wherefore, on motion of said plaintiff by his attorney it is ordered by the Court that his petition be taken against said defendants as confessed; and this cause is submitted 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 seventy nine dollars and eighty six 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 have thereof execution. By consent of parties, it is ordered that execution be stayed until the First Monday in October Eighteen hundred and fifty eight.
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**Viewer Page 432** (rcdbook1856_26_0431.jpg)
> Handwritten Page Number on Record Book: 425
**John Mc Dowell vs John Sigerson and Anapias Rice**
On Note. Now at this day comes the plaintiff by his attorney and the said defendants by their attorney having withdrawn the answer filed by them, this cause is submitted to the Court upon the the petition and note 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 Eleven hundred and forty-seven dollars and forty 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 their costs and charges herein expended and have execution therefore.
By consent of parties, it is ordered by the Court that the above judgment bear ten per cent per annum until paid, and that execution be stayed upon it until the First Monday in October 1858.
**Benjamin S. Garland vs Charles Semple**
Now at this day come the said parties by their respective attorneys and the said defendant files a motion and affidavit for a continuance of this cause, and the Court having duly heard and considered the same, doth order the same to be overruled. Thereupon the said parties 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 Two hundred and fifty seven dollars and fifty cents. It is, therefore, considered 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 have execution therefore.
**John Rowe vs J. V. Huntington and Charles L. Hunt**
Nonsuit. Now at this day come the said defendants by their attorney but the said plaintiff although duly notified comes not, Wherefore on motion of said defendants it is ordered by the Court that said plaintiff be nonsuited. It is, therefore considered by the Court that said plaintiff take nothing by his suit in this behalf, but that said defendants go hence without day and recover of said plaintiff their costs and charges herein expended and have execution therefore.
**John C. Jorry vs Thomas Bower Francis Mayer and John W. Seubert.**
Dismissal. Now at this day comes the said plaintiff by his attorney and on his motion, it is ordered by the Court that this cause be dismissed as to the said defendants Francis Mayer and Thomas Bower, but the said other defendant although duly summoned and called comes not, but makes default, wherefore the Court doth order the petition of said plaintiff be taken against him as confessed, and thereupon this cause is submitted 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 fourteen Dollars and forty cents. It is, therefore, considered 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 have thereof execution.
**Julia M. Guitar vs Henry Guitar**
It is ordered by the Court that this cause be continued until the next term of the Court.
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**Viewer Page 433** (rcdbook1856_26_0432.jpg)
> Handwritten Page Number on Record Book: 426
**John Joory vs Ferden and Welcker, John Halliday and Henry W. Heisterhagen**
On Note. Now at this day comes the said plaintiffs by his attorney and the said Henry W. Heisterhagen comes by his attorney, but the said other defendants although duly summoned and called come not, but make default, wherefore, the Court doth order the petition of said plaintiff be taken against them as confessed, and thereupon this cause is submitted 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 defendants are indebted to said plaintiff in the sum of Three hundred and twenty dollars and forty nine 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 have execution therefore.
**John C. Joory vs Anapias Rice and John Sigerson**
On Note. Now at this day comes the said plaintiff by his attorney and the said defendant John Sigerson also comes by his attorney, but the said other defendant although duly notified come not, wherefore this cause is submitted 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 seventy-two dollars and fifty six 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 have execution therefore.
**John C. Joory vs Joseph Parks, William Stewart Ephraim M. Young and Michael Corcoran, partners trading as Stewart Parks and Company and Joseph Simmons**
On Note. Now at this day comes the said plaintiff by his attorney, and the said plaintiff dismisses his suit as to the said defendant Joseph Simmons, but the other said defendants although duly summoned and called come not, but make default wherefore the Court doth order the petition of said plaintiff to be taken as confessed, and thereupon this cause is submitted 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 thirteen dollars and twenty four 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 have execution therefore.
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**Viewer Page 434** (rcdbook1856_26_0433.jpg)
> Handwritten Page Number on Record Book: 427
The Court met pursuant to adjournment. Present as before.
**The Kirkwood Association vs Thomas Walsh**
On Note. Now at this day comes the said plaintiff by its attorney and the said defendant also comes and consents that judgment be entered up against him for the sum of One-thousand three hundred and twenty six dollars and twenty five cents. It is therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as agreed upon and its costs and charges herein expended and have execution therefore.
**Grant Goodrich etal vs William Hassinger etal**
Motion to strike out Demurrer filed.
**Williams Jones vs Thomas Rutherfurd etal**
The defendants by leave of Court file answer and counter claim, and the plaintiff files a replication and Demurrer to second amended counter claim.
**Jacob Hosteller and George W. Smith vs Benjamin A. Albright and I. B. Moore**
Order of Injunction. On reading and filing the petition and on motion of said plaintiffs by their attorney it is ordered that the said defendants Benjamin A. Albright and I. B. Moore, be and they and each of them their servants, agents and attorneys are hereby enjoined and restrained from making rending or exposing to sale the false and spurious Hostellers Stomach Bitters, and the false forged and counterfeit labels or trade marks attached to the same; or any label or trademark whatever made in imitation of and resembling the label and trade mark now used and owned by the plaintiff. The plaintiffs file a bond in the sum of six thousand dollars, which is approved by the Court.
**Jacob Hosteller and George W. Smith vs Edward W. Williams, P. Marlow and Christian Schaffler**
Order of Injunction. On reading and filing the petition, and on motion of said plaintiffs by their attorney, it is ordered that the said defendants Edward A. Williams, P. Marlow and Christian Schaffler be and they and each of them, their servants agents and attorneys are hereby enjoined and restrained from making, rending exposing to sale the false and spurious Hosteller's Stomach Bitters, and the false forged and counterfeit labels or trade marks attached to the same; or any label or trademark whatever, made in imitation of and resembling the labels and trade marks now used and owned by the plaintiffs. The plaintiffs file a bond in the sum of six thousand dollars, which is approved by the Court.
**John T. Schenck vs Timothy Ives**
On motion of said defendant leave is given him to amend his answer. And the Court having duly heard and considered the motion of said plaintiff to strike out the defendants answer and for judgment, and being thereof fully advised, doth order said motion be over ruled.
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**Viewer Page 435** (rcdbook1856_26_0434.jpg)
> Handwritten Page Number on Record Book: 428
**William Reynolds vs Martha Reynolds**
Divorce. Now at this day comes the said defendant by her attorneys, but the said plaintiff although duly notified and solemnly called comes not, wherefore, on motion of the said defendant by her attorney, this cause is submitted to the Court upon the petition, answer and crass-bill and proofs; and the Court having proceeded to hear the testimony in said cause, and being satisfied from such testimony that the said defendant is an injured and innocent party, It is, therefore, considered adjudged and decreed that said defendant be absolutely and forever divorced from the bonds of matrimony by her contracted with the said plaintiff and restored to all the rights and privileges of an unmarried person. And it further appearing to the satisfaction of the Court that the said plaintiff is an unsuitable person to have the care, custody control and maintenance of the infant child Charles named in the crass-bill of the said defendant, who is of tender years, it is, therefore, adjudged and decreed that the said defendant have the care, custody and control and maintenance of the said infant and the said plaintiff be restrained and enjoined from anyways interfering with the said defendant in her said control, custody and maintenance of the said infant, until the further order of this Court. It is further ordered by the Court the said plaintiff pay the costs of this proceeding and that execution issue therefore.
**John Hughes vs J. H. Crane**
Account filed and cause continued.
**John Whitehill and John W. Hathway partners under the name and firm of John whitehill & Co vs Jacob Rhodes**
On Note. Now at this day come said parties by their respective attorneys and 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 the said plaintiff in the sum of Two-hundred and nineteen dollars. It is, therefore, considered 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 have execution therefore.
**Joseph Charless vs Daniel D. Page, Henry D. Bacon Thomas Brown and Edward Wyman**
On Note. Now at this day comes the said plaintiff by his attorney, and the said defendants having withdrawn the answer filed by them, this cause is submitted 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 eleven hundred and twenty dollars and sixty four 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 have execution therefore.
**James H. Comfort administrator of the estate of George Harrington, decd vs Charles F. Baker, James Moore and Francis Hoffleman**
On Note. Now at this day comes the plaintiff by his attorney, and the said defendants by their attorney having withdrawn the answer filed by them, this cause is submitted 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 twenty two 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 have execution therefore.
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**Viewer Page 436** (rcdbook1856_26_0435.jpg)
> Handwritten Page Number on Record Book: 429
**Samuel G. Muck vs Daniel D. Page, Henry D. Bacon Thomas Brown and Edward Wyman**
On Note. Now at this day comes the said plaintiff by his attorney, and on his motion, it is ordered by Court that this cause be dismissed as to the said defendant Edward Wyman, and the said other defendants having withdrawn the answer filed by them, this cause is submitted 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 sixty eight dollars and eighty five cents. It is, therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid and his costs and charges herein expended and have execution therefore.
**William G. Angell vs Charles Rogers**
Motion to strike out answer and for Judgment filed.
**Richard J. Lockwood and William H. Pearson vs Charles F. Baker and James Moore**
On Note. Now at this day come the said parties by their respective attorneys and this cause is submitted 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 plaintiffs in the sum of Three hundred and twenty six dollars and Twenty seven dollars. It is, therefore, considered by the Court thatsaid plaintiffs recover of said defendants the sum aforesaid in form aforesaid as found and their costs and charges herein expended and have execution therefore.
**Franklin Field vs Daniel D. Page, Henry D. Bacon, Edward Wyman and Thomas Brown**
On Note. Now at this day comes the said plaintiff by his attorney and the defendants having withdrawn the answer filed by them, this cause is submitted 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 Thousand and thirty-three dollars and ninety two 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 have execution therefore.
**William Jones vs Thomas Rutherford and John Matthews**
Now at this day come the said parties by their respective attorneys and thereupon come also a jury, to wit: Henry Shaw, Jonathan Linson, George McPheeters, Bernard Wissig, Frederick Mattig, Alfred Chadwick, George Walther, Robert L. Clark, Zeloties Day, Hanry Miller, Frilding Kelly and R. C. McAllister twelve good and careful men who being duly elected, tried and sworn the matters in controversy well and truly to try the trial of this cause progressed and not being finished is laid over until to-morrow morning at Ten O'clock.
**Thomas H. Hinde vs The Bank of the Ohio Life Insurance & Trust Company**
Now at this day comes the said plaintiff by his attorney and acknowledges to have received full and entire satisfaction of the judgment rendered in favor of said plaintiff and against said defendant, in this Court, on the twelfth day of October Eighteen hundred and fifty seven.
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**Viewer Page 437** (rcdbook1856_26_0436.jpg)
> Handwritten Page Number on Record Book: 430
**The Merchants and Manufactures Saving Institution vs John Halliday, Francis Mayer, John W. Sewbert and John Halliday admr of L. Olmsted, died**
On Note. Now at this day comes the said plaintiff by her attorney, and the said defendant Francis Mayer also come by his attorney, but the said other defendants although duly called come not, Thereupon this cause is submitted 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 seventeen dollars and eighty seven cents. It is, therefore considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as found and her costs charges herein expended and have execution therefore.
John C. Bull, who is personally known to the Court, come in Open Court, and acknowledges the execution by him of a deed of emancipation to his slave Henry, who is a mulatto man, aged about thirty five.
The Court met pursuant to adjournment. Present as before.
**Thomas Brooks vs Henry Luft**
Confession of Judgment. Now at this day comes the said defendant and files a statement in writing duly verified by affidavit whereby he confesses himself indebted to said plaintiff in the sum of Four hundred and seventy dollars, and consents that Judgment may be rendered against him for that sum and in favor of said plaintiff. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as confesses and his charges and costs herein expended and have thereof execution.
**The Dollars Savings Institution vs John D. Voerster, Lorenz Schaffler & Lorenz Schaffler & Fox**
Dismissal. On Motion of said plaintiff, and by consent of the said defendant Schaffler, it is ordered by the Court that this cause be dismissed at said defendants costs and that execution issue therefore.
**William Jones vs Thomas Rutherfurd and John Matthews**
Now at this day come again said parties by their respective attorneys and the Jury empannelled and sworn herein also come and the trial of this cause being finished the Jurors aforesaid upon their oaths aforesaid find the issue joined in favor of said plaintiff and assess his damages at the sum of Two-hundred and fifty dollars. It is, therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as assessed and his costs and charges herein expended and have execution therefore. Motion for new trial filed.
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**Viewer Page 438** (rcdbook1856_26_0437.jpg)
> Handwritten Page Number on Record Book: 431
**James B. Ricords admr of Milton N. M Lean, having in charge the copartnership effects of Black burn & M Lean a firm formerly composed of Edward C. Blackburn and Milton N. M Lean vs Henry Ames, Edgar Ames, Copartners doing business under the name and style of Henry Ames & Co**
On Account. Now at this day come the said parties by their respective attorneys, and neither party requiring a Jury, this cause is submitted to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find the issue joined in favor of said defendants. It is therefore, considered by the Court that said plaintiffs take nothing by this said suit in this behalf, but that said defendant go hence without day and recover of said plaintiff their costs and charges herein expended and have execution therefore.
**The Dollars Savings Institution vs Thomas Borrer, Daniel Talbot, Francis Mayer and John W. Seubert, composing the firm of Francis Mayer**
On Note. Now at this day comes the plaintiff by its attorney and the said defendant Francis Mayer also comes by his attorney, but the said other defendants although duly summoned and called come not, wherefore, on motion of said plaintiff its petition is taken against said defendants as confessed, Thereupon this cause is submitted 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 five dollars and twenty three cents. It is therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid in firm aforesaid as found and its costs and charges herein expended and have execution therefore.
**Clemens Dierkes vs Nickolas Ast**
On Lost Note. Now at this day come said parties by their respective attorneys, and this cause is submitted to the Court, and the Court having duly heard and considered the same, doth find from the proofs in said cause that said plaintiff is entitled to recover of said defendant the sum of Two hundred and forty one dollars and sixty four cents. It is, therefore considered 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 have thereof execution.
**Patrick Filzgerald vs The Saint Louis Alton and Chicago R. R. Company**
On motion of said plaintiff by his attorney, and the defendant having no objection thereto, It is ordered by the Court that this cause be continued until the next term of the Court, at the costs of said plaintiff and that execution issue therefore.
**William P. Cooperthwich vs William Thomas**
Motion to set aside Judgment filed.
**James C. Walker vs George G. Presbury**
Depositions and Exhibits filed.
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**Viewer Page 439** (rcdbook1856_26_0438.jpg)
> Handwritten Page Number on Record Book: 432
**Clemens Dierkes vs Nicholas Ast**
On Lost Note. Now at this day come said parties by their respective attorneys and thereupon come also a Jury to wit: Bernard Rawie, George Hart, Daniel Cameron, George M. Harding, H. W. Taylor, John Brooks, John D. Taylor Pearly Childs, William H. Smith, Joseph Patterson, John Renfrew and Jonathan Linton, twelve good and lawful men who being duly elected, tried and sworn the matters well and truly to try, the trial of this cause progressed and being finished the jurors aforesaid upon their oaths aforesaid find the issue joined in favor of the plaintiffs and assess his damages at the sum of Two-hundred and fifty dollars. 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 have thereof execution.
**George Shillito vs P. D. Gordon, James H Gordon and Sylvester B. Wilson**
On Note. Now at this day come said parties by their respective attorneys, and this cause is submitted 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 fifty do lars and seventy 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 have execution therefore.
**Alexander M. Mc Mickle vs Edward Bayle**
Dedimus. On motion of said defendant by his attorney it is ordered that a commission issue herein to the State of Ohio, to take deposition of witnesses, on the part of said defendant.
**John P Schenck vs Timothy Ives**
Now at this day come said parties by their respective attorneys and thereupon come also a Jury, to wit: Joseph Patterson, John Renfrew, Bernard Rawie Jonathan Linton, George Hart, Daniel Cameron H. W. Taylor, John D. Taylor, Pearly Childs, William H. Smith, George Mc Pheeters and Bernard Wissig, twelve good and lawful men who being duly elected, tried and sworn the matters in controversy well and truly to try, the trial of this cause progressed, but not being concluded is laid over until to morrow.
**George D. Little and Charles H. Qlevtt vs Frank W. Armstrong and Edward C. Clarke**
Order of Publication. The Sheriff having made return that the said defendants cannot be found, and the Court being satisfied that said defendants cannot be served with process, it is on motion of said plaintiffs, by their attorney ordered that said defendants be notified of the commencement of this suit the object of which is to recover of said defendants the sum of One thousand one hundred and twelve dollars and thirty five cents on account of goods, wares and merchandize delivered by said plaintiffs to said defendants, and that unless they 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 February next, and on or before the sixth day thereof, answer said plaintiffs petition the same will be taken against them as confessed, Judgment rendered against them and their property sold to satisfy the same. It is further ordered that a copy hereof be published according to law, in the Saint Louis Missouri Democrat.
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**Viewer Page 440** (rcdbook1856_26_0439.jpg)
> Handwritten Page Number on Record Book: 433
The Court met pursuant to adjournment. Present as before.
**Clemens Dierkes vs Nickolas Ast**
Motion for new trial and to tax costs against the plaintiff, filed.
**William Bennett and Abraham Thompson vs A. O. Smith etal**
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 said plaintiffs and that execution issue therefore.
**John Cuddy vs Charlotte Cuddy**
On Motion of said plaintiffs by his attorney, it is ordered by the Court that an alias wit of summons issue against the said defendant returnable to the next term of the Court.
**Mary Shultz vs Charles Shultz**
Divorce. Now at this day comes the said plaintiff by her attorney, but the said defendant although duly summoned and called comes not, wherefore, on motion of said plaintiff by her attorney her petition is taken against said defendant as confessed, and the Court having proceeded to hear the testimony in this cause, and having been satisfied by such testimony that said plaintiff is an innocent and injured party, it doth considered, adjudge and decree 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 plaintiff pay the costs of this proceeding and that execution issue therefore.
**Joseph S. Hull vs James M. Lyon**
Motion for new trial field.
**George Moore vs Mary Moore**
It is Ordered by the Court that this cause be continued until the next term of the Court, at the costs of said plaintiff.
**John P. Scherck vs Timothy Joes**
Now at this day come again said parties by their respective attorneys and the Jury empannelled and sworn herein also come, and the trial of this cause progressed and being concluded the jurors aforesaid upon their oaths aforesaid find the issue joined in favor of said plaintiff and assess his damages at the sum of six cents. It is therefore considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assessed and his costs and charges herein expended and have execution therefore.
**Thomas M. Taylor etal vs George W. Morris etal**
On Motion of said plaintiffs by their attorney, it is ordered that an alias wit of summons issue herein against the defendants August J. Guibert and George Rockwell, returnable to the next term of the Court.
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**Viewer Page 441** (rcdbook1856_26_0440.jpg)
> Handwritten Page Number on Record Book: 434
**Samuel Goulding etal vs E. G. Tuttle etal**
Reply of garnishee Smith filed.
**Danton Gurnee etal vs W. W. Chappelear**
On application of said plaintiffs it is ordered by the Court that this cause be continued until the next term of the Court, at the costs of said plaintiffs and that execution issue therefore.
**Carsline Betzold vs George F.Betzold**
Defendant by leave of Court files an answer and a motion for security for costs herein.
**Paul Rohrer etal vs Frederick Wales and Maria Wales**
Now at this day come the said parties by their respective attorneys and thereupon come also a Jury to wit: John H. Fisher, Henry Shaw, George Eshelbach, George M. Harding, John Brooks, Frederick Mattick Alfred Chadwick, George Walther, Robert L. Clark, Zeloties Day Henry Miller and Fielding Kelly twelve good and lawful, men who being duly elected, tried and sworn the matters in controversy well and truly to try, the trial of this cause progressed, But the said plaintiff moves the Court for leave to amend his petition, which is granted, Thereupon it is ordered by the Court that the Jury empannelled and sworn herein be discharged; and this cause be continued at the costs of the said plaintiffs and that execution issue therefore.
**George Pomeroy, William H. Benton jr and George Chase vs Alexis Mudd, Graham L. Hughes, Henry T. Mudd, John J Mudd, Armisted Grubb, Robert L. M Ghee and George Y. Bast**
Dismissal. On motion of said plaintiffs by their attorney it is ordered that this cause be dismissed at the costs of said plaintiffs and that execution issue therefore.
**John C. Joory vs Ferdinand Vandermale and Frederick Picker**
On Note. Now at this day come the said parties by their respective attorneys and 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 plaintiff in the sum of Five hundred and twenty six dollars and sixty 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 have execution therefore.
**John C. Joory vs Ferdinand Vandermale and Frederick Picker**
On Note. Now at this day come the said parties by their respective attorneys and 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 plaintiff in the sum of Five hundred and twenty nine dollars and seventy six 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 have execution therefore.
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**Viewer Page 442** (rcdbook1856_26_0441.jpg)
> Handwritten Page Number on Record Book: 435
The Court met persuant to adjournment. Present as before.
**The Saint Louis and Iron Mountain Rail Road Company vs Thomas S. Nelson**
On Agreement. Now at this day comes the said plaintiff by its attorney that the said defendant although duly summoned and called comes not but makes default therefore, the Court doth order the petition of said plaintiff be taken against said defendant as confessed, Thereupon this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth assess the damages of said plaintiff by reason of the premises mentioned in its petition at the sum of Thirteen hundred and fifty nine Dollars. It is, therefore in from aforesaid as assessed and its costs and charges herein expended and have execution therefor.
**The Saint Louis and Iron Mountain Rail Road Company vs Thomas Nelson and Catherine Marin Nelson, his wife.**
On Agreement. Now at this day comes the said plaintiff by its attorney and dismisses this cause as to the said defendant Catherine Marin Nelson, but the said other defendant although duly summoned and called comes not, but makes default, therefore, the Court doth order the petition of said plaintiff be taken against him as confessed, Thereupon this cause is submitted to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth assess the damages sustained by said plaintiff by reason of the premises in its petition mentioned at the sumof Fourteen hundred and seven Dollars. It is, therefore, considered by the Court that said plain tiff recover of said defendant the sum aforesaid in form aforesaid as assessed and its costs and charges herein expended and have execution therefor.
**Rufus C. Walbourn vs Daniel D. Page and Henry D. Bacon**
On Bill of Exchange. Now at this day come the said parties by their respective attorneys and the said defendants consent and agree that Judgment may be rendered against them for the sum of Two hundred and fifty one Dollars and fifty one dollars and fifty eight cents. It is, therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as agreed upon and his costs and charges herein expended and have execution therefor.
**Charles Jeffries vs D. D. Denson etal**
It is ordered by the Court that this cause be continued until the next term of the Court.
**Amable Benvist vs Catherine Benvist**
It is ordered by the Court that this cause be continued until the next term of the Court.
**James A. Monks and John B. Ghir vs D. Hein Donnerherke**
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.
**Joseph R. Boggosal vs America Insurance Company**
The Defendant files an answer herein.
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**Viewer Page 443** (rcdbook1856_26_0442.jpg)
> Handwritten Page Number on Record Book: 436
**Elisha Allen and Julin Allen his wife vs Carsline Brown, Galben Musick and Harriet Musick, his wife**
Now at this day come the said parties by their respective attorneys and submit this Cause to the Court, and the Court having duly heard and considered the same, doth find the issue joined in favor of said defendants. It is, therefore, considered by the Court that said plaintiffs take nothing by their Suit in this behalf, but that the said defendants go hence without day and recover of said plaintiffs their costs and charges herein expended and have thereof execution.
**John L. Griswold and Matthew Griswold vs Daniel D. Page, Henry D. Bacon and Thomas Brown**
On Note. Now at this day come the said parties by their respective attorneys, and the said defendants consent and agree that Judgment may be rendered against them for the sum of Five hundred and five Dollars and Twenty three cents. It is, therefore considered by the Court that said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as agreed upon, their costs and charges herein expended and have execution therefor.
**Reuben C. McCord Charles W. McCord and Nimrod Beck vs Daniel D. Page, Henry D. Bacon Edward Wyman and Thomas Brown**
On Note.- Now at this day come the said plaintiffs by their attorney, and the said defendants having withdrawn the answer filed by them, this cause is submitted to the Court and the Court having duly heard and considered the same, doth find from the instrument of writing on which the action is founded in the sum of Two hundred and seventeen Dollars and ten 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 have thereof execution.
**John P. Schenck vs Timothy Ires**
Motion for new trial filed.
**Reuben C. McCord, Charles W McCord and George Garrett vs Daniel D. Page, Henry D. Bacon and Thomas Brown**
On Note.- Now at this day come the said plaintiffs by their attorney, and the said defendants having withdrawn the answer filed by them, this cause is submitted 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 and indebted to said plaintiffs in the sum of Eight hundred and Fourteen Dollars and Twenty cents. It is, therefore, considered by the Court that said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and their costs and charges herein expended and have execution therefor.
**William Milburn etal Commissioners of the 16. Sec of Township 45. North R. 7. East. vs John Higan**
The Court having duly heard and considered the motion of said plaintiffs for a new trial of this cause, and being thereof fully advised, doth order that the same be overruled Bill of Exceptions filed.
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**William Milburn etal Commissioners of the 16. Sec Township 45. N. Range 7. East vs Charles J. Carpenter**
The Court having duly heard and considered the motion of said plaintiffs for a new trial of this cause and being thereof fully advised, doth order that the same be overruled Bill of Exceptions filed.
**William Milburn etal Commrs of the 16. Sec Township 45. North Range 7. East. vs Christopher C. McClure**
Motion for new Trial.
The Court having duly heard and considered the motion of said plaintiffs for a new trial of this cause, and being thereof fully and sufficiently advised, doth order the same be overruled. Bill of Exceptions filed.
**William Milburn, etal Commissioners of the 16. Sec Township 45. N. R. 7. East vs James A. Hardy**
Motion for new Trial.
The Court having duly heard and considered the motion of said plaintiffs for a new trial of this cause, and being thereof fully advised, doth order that said motion be overruled. Bill of Exceptions filed.
**William Milburn etal Commissioners of the 16. Sec Township 45. N. R. 7. East. vs Elzear Blanchard**
Motion for new Trial.
The Court having duly heard and considered the motion of said plaintiffs for a new trial of this cause, and being thereof fully advised, doth order that said motion be overruled. Bill of Exceptions filed.
**In the matter of the assignment of Rogers, Anderson etal.**
On motion of the assigned herein, it is ordered by the Court that Sheridan C. Hunt and John H. Hall be appointed to appraise the property and effects assigned to him.
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The Court met pursuant to adjournment. Present as before.
**Reuben Musick vs John Sugerson, George Smizer and David W. Graham**
On Note.- Now at this day comes the said plaintiff by his attorney, and the said defendants by their attorney having withdrawn the answer filed herein, this cause is submitted 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 forty five Dollars and eight cents. It is, therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and that said Judgment bear interest at the rate of ten per cent per annum until paid together with his costs and charges herein expended and have thereof execution. By consent of parties, it is ordered that execution be stayed on the said Judgment until the first Monday in October Eighteen hundred and fifty-eight.
**John Bleakley vs Daniel D. Page, Henry D. Bacon and Thomas Brown**
On Note.- Now at this day comes the said plaintiff by his attorney, and the said defendants having by their attorney, withdrawn the answer filed herein, this cause is submitted 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 Eight hundred and ninety-two Dollars and sixteen 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 have therefor execution.
**George W. Cline and William C. Jamison vs. Samuel S. Brainard and Solomon H. Robbins**
On Note. - Now at this day come the plaintiffs in their own proper persons, but the said defendant Solomon H. Robbins, although duly summoned and called comes not but makes default, Wherefore the Court doth order the petition of said plaintiffs be taken against him as confessed. Thereupon this cause is defendant comes by his attorney, and this cause is submitted to the Court by the said plaintiffs, 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 Thirteen hundred and fifty three Dollars and Thirty nine cents. It is, therefore considered 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 have thereof execution.
**George N. Clire and William C. Jamison vs Samuel S. Brainard, impleaded with Solomon H. Robbins.**
On Note. - Now at this day come the said parties by their respective attorneys and thereupon come also a Jury to wit: F. N. Plass, T. Gottfried Thomas J. Chadwick, Moses Steward, James Abbott, William Hoffman, Thomas L. Salisbury M. Ohlmann, Daniel Grace, Benedict Widner, Thomas J. Steel and Wichgel Meloney, twelve good and lawful mew who being duly elected, tried and sworn the matters in controversy well and truly to try, the trial of this cause progressed, and now being concluded the Jurors aforesaid upon their oaths aforesaid find the issue fined in
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> Handwritten Page Number on Record Book: 439
favor of said plaintiffs and assess their damages at the sum of Thirteen Hundred and fifty Three Dollars and Thirty nine cents. It is, therefore, considered by the Court that said plaintiffs recover of said defendant the sum aforesaid in from aforesaid as assessed and their costs and charges herein expended and have execution therefor. Motion for new trial filed
**The Merchants and Manufacturers Saving Institution vs Daniel D. Page, Henry D. Bacon and Thomas Brown**
On Note.- Now at this day comes the said plaintiff by its attorney, and the said defendants by their attorney having withdrawn the answer filed by them, this amuse is submitted to the Court, and the Court having duly heard and considered the same, do the 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 fifty nine Dollars and fifty one cents. It is, therefore, considered 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 have thereof execution.
**William C. Gibbs vs Daniel D. Page, Henry D. Bacon, Thomas Brown and Edward Wyman**
On Note.- Now at this day comes the said plaintiff by his attorney, and the said defendants by their attorney withdraw the answer filed by them, this cause is submitted 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 seventy nine Dollars and fifty four cents. It is, therefore, considered 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 have execution therefor.
**Robert Holmes, Samuel Toomer and John H. Dickey vs Daniel D. Page, Henry D. Bacon and Thomas Brown**
On Note: Now at this day comes the said plaintiffs by their attorney, and the said defendants having withdrawn the answer filed by them, this cause is submitted 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 Thousand and Twenty six Dollars and sixty six 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 have thereof execution.
**Robert Holmes, Samuel Toomer and John H. Dickey vs Daniel D. Page, Henry D. Bacon, Thomas Brown and Edward Wyman**
On Note.- Now at this day come the said plaintiffs by their attorney and the said defendants having by their attorney withdrawn the answer filed herein, this cause is submitted 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 Fourteen hundred and seventy five Dollars and eighty one cents. It is, therefore, considered by the Court that said plaintiffs recover of said defendants the sum aforesaid in for aforesaid as found and their costs and charges herein expended and have execution therefor
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**John Wolffe, George D. Gillespie and Richard J. Bruff. vs Daniel D. Page Henry D. Bacon and Thomas Brown**
On Note.- Now at this day come the said plaintiffs by their attorney, and the said defendants by their attorney, withdrawn the answer filed by them, Thereupon this cause is submitted 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 Thousand and ninety two Dollars and twelve 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 have execution therefor.
**John T. Shortridge vs Daniel D. Page and Henry D. Bacon**
On Bill of Exchange.- Now at this day comes the said plaintiff by his attorney and the said defendants by their attorney having withdrawn the answer filed by them, This cause is submitted 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 at the sum of nine hundred and ninety five dollars and seventy six dollars. It is, therefore, considered 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 have execution therefor.
**Nerie Valli, Surviving partner of Chouteau Valli vs Daniel D. Page, Henry D. Bacon, Thomas Brown and Edward Wyman**
On Note. - Now at this day comes the said plaintiff by his attorney, and the said defendants by their attorney having withdrawn the answer filed herein, This cause is submitted 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 Thousand Three hundred and ninety nine Dollars. 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 have execution therefor.
**Osmer A. Bingham and Charles F. Joy vs Daniel D. Page and Henry D. Bacon**
On Note.- Now at this day come the plaintiffs by their attorney, but the said defendants although duly summoned and called come not. Wherefore, the Court doth order the petition of said plaintiffs be taken against them as confessed. Thereupon this cause is submitted 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 ninety four Dollars and forty 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 and that execution issue therefor.
**Alexander M. McNickle vs Edward Boyle**
Agreement of parties filed.
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> Handwritten Page Number on Record Book: 441
**Thomas C. Reynolds vs William A. Linn**
Now at this day come the said parties by their respective attorneys, and neither party requiring a Jury, this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same and the arguments of counsel, and being thereof fully advised, doth assess the damages sustained by said plaintiff by reason of the premises in his petition stated at the sum of Two Thousand five hundred and forty Dollars and ninety cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assessed and his costs and charges herein expended and have execution therefor.
**Henry Sheppard, John S. Kimbrough and Joseph L. Moss Daniel D. Page, Henry D. Bacon, and Thomas Brown**
On Note.- Now at this day come the said plaintiffs by their attorney, and the said defendants by their attorney having withdrawn the answer filed by them this cause is submitted 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 Eight hundred Dollars and forty 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 have execution therefor.
**Jonathan Ellis, James M. Mowell and Edward Page. vs Daniel D. Page, Henry D. Bacon and Thomas Brown**
On Note.- Now at this day come the said plaintiffs by their attorney, and the said defendants having withdrawn the answer filed by them, this cause is submitted to the Court upon the petition and exhibit 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 Eight hundred and five Dollars and eighty-three 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 have thereof execution.
**Charles F. Thacher and Robert S. Woodross vs Benjamin Claphamson and Charles P. Morton**
Confession of Judgment. Now at this day come the defendants by their attorney and file a statement in writing, duly verified by affidavit, where by it appears to the Court that the said defendants are indebted to said plaintiffs in the sum of Three Thousand and eighty eight Dollars and Seventy nine cents, and that they consent, and authorize Judgment to be rendered against them for said sum. It is, therefore, considered by the Court that saidplaintiffs recover of said defendants the sum aforesaid in form aforesaid as confessed and their costs and charges herein expended and have therefor execution.
On motion of C. D. Drake, Esq it is ordered by the Court that Given Campbell be enrolled as a member of this Court, and the same is accordingly done.
**John Renfrew etal vs The Steam Boat Kate French**
Amended Transcript, filed
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**Sarah Munday, by her next friend Jared M. Hottel vs James Munday**
It appearing to the satisfaction of the Court from the affidavit of said plaintiff that the said defendant is a nonresident 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 publication according to law, of the commencement of this suit, the object of which is to obtain a Judgment of divorce from the said defendant, on the ground of desertion and drunkenness, and such other indignities to the plaintiff as to render her condition into lovable and that unless he be and appear at the next term of this Court, to be began and held at the City of Saint Louis on the Fourth Monday in February next, and on or before the sixth day thereof answer the petition of said plaintiff, the same will be taken against him as confessed. It is further ordered that a copy hereof be published according to law, in the Saint Louis Missouri Democrat.
**William Garvin vs Joseph Larkin**
Confession of Judgment.- Now at this day comes the said defendant and files a statement in writing duly verified by affidavit, Whereby it appears that he is indebted to the plaintiff in the sum of One hundred and sixty-two dollars and seventy five cents; and that he consents andauthorizes Judgment to be rendered against him and in favor of said plaintiff for said sum. It is, therefore, considered by the Court that said plaintiff recover of saiddefendant the sum aforesaid in form aforesaid as confessed and his costs and charges herein expended and have execution therefor.
**Augustus F. Shapleigh etal vs Charles Bouteam etal**
Order of sale.- Now at this day comes James Castello Sheriff of Saint Louis County and files a statement, whereby it appears to the Court, that the property levied upon by virtue and authorityof the attachment issued in the above entitled cause is likely to depreciate in value before the probable termination of this suit, and that the keeping of the same would be attended with much expense. It is, therefore, ordered by the Court that the said James Castello, Sheriff as aforesaid do proceed to sell said property so levied upon in conformity to the statute in such case made and provided.
**David Gibson etal vs B. Stroup**
Order of sale.- Now at this day comes James Castello, Sheriff of Saint Louis County and files a statement, whereby itappears to the Court, that the property levied upon by virtue and authority of the attachment issued in the above entitled cause is likely to depreciate in value before the probable termination of this suit, and that the keeping of the same would be attended with much expense. It is, therefore ordered by the Court that the said James Castello, Sheriff as aforesaid do proceed to sell said property so levied upon in conformity
**Grant Goodwich etal vs Wm Hassinger etal**
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, as to the said defendant John Peterson, and that execution issue therefor.
**Edward Pate vs George D. Moore etal**
It is ordered by the Court that this cause be continued until the next term of the Court.
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**In the matter of Louis G. Priest Trustee under the Will of Ann Biddle, deed**
Order for the Production of Papers.-
Louis G. Piest, Trustee under the Will of Ann Biddle, files a statement in writing duly verified by affidavit, wherein he prays the Court for an order on the Clerk of the Saint Louis Probate Court, to produce certainpapers therein named, and the Court having duly considered the same, doth order that the said Clerk of the Probate Court of Saint Louis County, produce on the first day of the next term of this Court, to be begun and held on the Fourth Monday of February next, the following papers "all the inventories filed by John O. Fallow as Executor of Ann Biddle, deceased, in the Office of the Clerk of the Probate Court; also the several annual statements, accounts and the final settlements; also the vouchers and receipts charged by said executor against said estate and all other documents, exhibits and papers touching the administration of said estate, remaining in said Probate Court, and in the Clerk's Office thereof, to be used on the trial of this cause.
The Court met pursuant adjournment. Present as before.
**Joel Mourse, Peter Harvey and Samuel Davies vs Charles Rogers**
On Account. Now at this day come the said plaintiffs by their attorney, but said defendant although notified and solemnly called comes not, but makes default, Wherefore, on motion of said plaintiffs by their attorney this cause is submitted to the Court, and the Court having duly heard and considered the same, doth assess the damages of said plaintiffs by them sustained by reason of the premises in their petition stated at the sum of six hundred and twenty one dollars and seventy five. It is, therefore, considered 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 have execution therefor.
**Herman Baker, Herman Funcke and Herman A. Schleicher vs Charles Rogers**
On account.- Now at this day come the plaintiffs by their Attorney but said defendant although duly notified and called comes not, Wherefore on motion of said plaintiffs the cause is submitted to the Court, and the Court having duly heard and considered the same, doth find from the instrument of writing, and the account on which this action is founded that said defendent is indebted to said plaintiffs in the sum of Twelve hundred and fifty four Dollars and seventy two cents. It is, therefore, considered 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 have thereof execution.
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> Handwritten Page Number on Record Book: 444
**Joseph A. Piner and Washington A. Berry vs Henry J. Sarrah and Chester W. Henry**
On Note. Now at this day come the said parties by their respective attorneys, and this cause is submitted 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 Thousand eight hundred and thirty three dollars and Thirty two 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 have there of execution.
**Edward Mills and George Houdley vs Daniel D. Page, Henry D. Bacon, Thomas Brown and Edward Wyman**
On Note. On motion of said plaintiffs by their attorney leave is given to plaintiffs to amend their petition by averring the protest for non-payment of the note last described therein and by praying for four percent damages on said last names note; answer withdraw by defendants.
**Edward Mills and George Houdley vs Daniel D. Page, Henry D. Bacon Thomas Brown and Edward Wyman**
On Note. Now at this day come the plaintiffs by their attorney, but the said defendants come not having withdrawn the answer filed by their in this behalf. Thereupon this cause is submitted 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 in the sum of Two Thousand eight-hundred and ninety eight Dollars and Thirty six 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 have execution therefor.
**George Todd, Charles Todd George I. Seimens and Washington Todd vs Daniel D. Page & Henry D. Bacon**
On Note. Now at this day come the said parties by their respective attorneys, and the said defendants, withdraw the answer filed by them in this behalf thereupon the plaintiffs 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 eleven hundred and fifty six Dollars and sixty nine 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 have thereof execution.
**James S. Mix vs Daniel D. Page and Henry D. Bacon**
On Note. Now at this day come said parties by their respective attorneys, and the said defendants withdraw the answer filed by them. Thereupon the plaintiff 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 active is founded that said defendants are indebted to said plaintiff in the sum of seven hundred and Thirteen Dollars and fifteen 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 have execution therefor.
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**William Simmons vs Edwin A. Skecle**
On account. Now at this day come said parties by their respective attorneys and submit this cause to the Court, and the Court having duly heard and considered the same doth assess the damages sustained by said plaintiffs in the sum of five hundred and Thirty nine Dollars and Seventy five cents. It is therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assessed and his costs and charges herein expended and have therefor execution.
**Dominique Urban vs Ferdinand Welcker, John Holliday and John W. Senbert**
On Note. Now at this day comes the said plaintiff by his attorney, but the defendants although duly summoned and called come not but make default, wherefore, the Court doth order the petition of said plaintiff be taken against said defendants as confessed, Thereupon this cause is submitted 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 Thirteen Dollars and ninety eight 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 have thereof execution.
**Dominique Urban vs Ferdinand Welcker, John Holliday, Washington M. Olmsted admr of Louis Olmsted Francis Mayer and John W. Sevbert**
On Note. Now at this day comes the said plaintiff but the said defendants although solemnly called come not, but make default. Wherefore on motion of said plaintiff this cause is submitted 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 forty seven Dollars and sixteen 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 have thereof execution.
**James Castelle vs John G. Sterninger**
Now at this day comes the said plaintiff by his attorney, but the said defendant although duly notified and called comes not, but makes default, Wherefore the Court doth order the petition of said plaintiff be taken against said defendant as confessed. Thereupon, the plaintiff submits this cause to the Court upon the petition and proofs and the Court having duly heard and considered the same doth assess the damages of said plaintiff by him sustained by reason of the premises in his petition stated at the sum Five hundred and eleven Dollars and seventy three cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assessed and his costs and charges herein expended and have execution therefor.
**William F. Enders and John W. Bigelow vs William Murphy**
On Note. Now at this day come the said parties by their respective attorneys, and 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 eighteen Dollars and forty-two cents. It is, therefore considered by the Court that said plaintiffs recover of said defendant the sum aforesaid
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in form aforesaid as found and their costs and charges herein expended and have thereof execution.
**Thomas Kavanaugh vs John Jones**
Amended answer filed by leave of Court.
**Michael Hollacher vs William Holzke**
It is ordered by the Court that this cause be continued until the next term of the Court, at the costs of said plaintiff and that execution issue therefor.
**Thomas Kavanaugh vs John Jones**
On Contract:- Now at this day come again said parties by their respective attorneys and thereupon come also a jury to wit: Thomas S. Salisbury, Amos Cutter, Hudson C. Bridge, T. W. Weichan, John W. Gullick, Henry Davis, Peter Scharding, Henry Price, John Powell, Simon Mahoney, Patrick Long and Daniel H. Shank, twelve good and lawful men, who being duly elected tried and sworn the matters in controversy welt and truly to try, the trial of this cause progressed, But the said plaintiff says he will not further prosecute his suit in this behalf, wherefore the Court doth order the jury be discharged; and that said plaintiff take nothing by his suit in this behalf, but that said defendant go hence without day and recover of said plaintiff his costs and charges herein expended and have execution therefor. Leave is given plaintiff to file a motion to set aside the Judgment herein.
**Robert T. Baldwin etal vs John S. Thompson**
Depositions on part of plaintiff filed.
**George Smizer vs Wmc. Taylor**
Ordered by the Court that this cause be continued until the next term of the Court.
**Stephin Haskell etal vs C. W. Herbert et al**
Ordered by the Court that this cause be continued until the next term of the Court.
**Samuel Goulding etal vs Elijah G. Futtle gar &c**
By consent of parties this cause is continued until the next term of the Court.
**Robert S. Armstrong etal vs E. G. Futtle etal gar &c**
Ordered by the Court that this cause be continued as on the affidavit of said defendants, until the next term of the Court, at their costs and that execution issue therefor.
**Richard Rowland vs Mary Rowland**
Dismissal. On motion of said plaintiff by his attorney it is ordered by the Court that this cause be dismissed at the costs of the said plaintiff and that execution issue therefor.
**Thomas C. Reynolds vs William A. Linn**
Motion for new trial filed.
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**Joseph R. Boggs etal vs American Insurance Company**
It is ordered by the Court that this cause be continued on the affidavit of said defendant at the costs of the said defendant.
**Theophile Schaefer vs John G. Mack**
Now at this day comes the defendant and suggests to the Court the death of the said plaintiff, and the same is not denied. Thereupon this cause is continued until the next term of the Court.
**John J. H. Vogt etal vs C. F. Baker etal**
It is order by the Court that this cause be continued until the next term of the Court.
**William C. Woodson vs Charles S. Rannells**
Additional reasons filed to support the motion to set aside the order of reference in this cause filed.
**William R. Wyatt vs Benjamin R. Tyler, administrator of George Tyler, deceased**
Nonsuit. Now at this day comes the said defendant by his attorney, but the said plaintiff although duly notified and solemnly called comes not. Wherefore on motion of said defendant it is ordered by the Court that said plaintiff be nonsuited. It is, therefore considered by the Court that said plaintiff take nothing by his suit in this behalf, but that said defendant go hence and without day recover of said plaintiff his costs and charges herein expended and have execution therefor.
**George Shillito vs Philip D. Gordon etal**
Motion to set aside Judgment filed by leave of Court, and plaintiff files a motion to strike the same from the files.
**John P. Moore and Henry F. Moore vs Thomas I. Albright and William A. Albright**
Nonsuit. Now at this day come the said parties by their respective attorneys, and neither party requiring a jury this cause is submitted to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, the trial of this cause progressed, but said plaintiff says they will not further prosecute their suit in this behalf. Wherefore the Court doth order that said plaintiff take nothing by their said suit, but that said defendants go hence without day and recover of said plaintiffs their costs and charges herein expended and have thereof execution. Leave is given said plaintiffs to file a motion to set aside the Judgment of nonsuit.
**Joshua Fine etal vs The Board of President and Directors of the St Louis Public Schools etal**
It is ordered by the Court that a special venire issue herein, for eighteen good and lawful, men, returnable, Saturday December the Twelfth instant, at Ten O. Clock, A. M.
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The Court met pursuant to adjournment. Present as before.
**Thompson, White and Pryor vs John Wevison**
By leave of Court plaintiffs file the note mentioned in their petition.
**Hanen Kamp & Haynes vs John Wevison**
By leave of Court plaintiffs file further particulars of account sued upon.
**Cornelius D. Sullivan etal vs Christopher H. Oatman**
On motion of said plaintiffs by their attorney this cause is continued until the next term of the Court.
**Joseph Farrell vs John Halliday, Ferdinand Welcker Francis Mayer and Francis Saler**
On Note. Now at this day comes the plaintiff by his attorney and on his motion it is ordered by the Court that this cause be dismissed as to the said defendant Francis Saler, and the said others defendants although duly notified and solemnly called come not. Wherefore on motion of said plaintiff his petition is taken as confessed to all of said defendants except Francis Mayer, who files an answer herein. Thereupon this cause is submitted in 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 Twenty nine Dollars and ninety four 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 have thereof execution.
**Joseph Turrell vs John Holliday, Francis Mayer and August Campe**
On Note. Now at this day comes the plaintiffs by his attorney but the said defendants although duly summoned solemnly called come not, Wherefore, on motion of said plaintiff this cause is submitted 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 four Dollars and seventy 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 this costs and charges herein expended and have execution therefor.
**Joseph Farrell vs Frederick Picker, Ferdinand Vaudermate and Frederick Richard**
On Note. Now at this day come the said parties by their attorneys and submit this cause to the Court and the Court having duly heard and considered the same, doth finds 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 twenty eight Dollars and Thirty six 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 expanded and have thereof execution
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> Handwritten Page Number on Record Book: 449
**Joseph Farrell vs P. D. G. Gordan**
It is ordered by the Court that this cause be continued until the next term of the Court.
**George B. Murray vs John Holliday, August Camp, Ferdinand Welcker and Francis Mayer**
On Note. Now at this day come the said parties by their respective attorney and 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 plaintiff in the sum of Three hundred and Twenty four Dollars and ninety 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 have execution therefor. It is further considered by the Court that said Judgment bear ten per cent interest per annum until paid.
**George B. Murray vs John Holliday, Francis Mayer and August Camp**
On Note. Now at this day come the parties by their respective attorney, and 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 plaintiff the sum of Two hundred and sixty six Dollars and ninety cents. It is, therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as found and this costs and charges herein expended and have thereof execution.
**George B. Murray vs John Holliday, August Camp and Francis Mayer**
On Note. Now at this day comes the said parties by their respective attorneys and 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 plaintiff in the sum of six hundred and Thirty eight 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 have execution therefor.
**Oliver Green vs John Sigerson, Anasuas Rice and David W. Graham**
On Note. Now at this day come the said parties by their respective attorneys, and the said defendants withdraw the answer filed by them. Thereupon this cause is submitted 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 Dollars and sixty six 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 have execution therefor.
**James C. Rainey vs Michael Burk etal**
It is ordered by the Court that said plaintiff file security for costs in this cause on or before the first day of the next term.
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**Viewer Page 457** (rcdbook1856_26_0456.jpg)
> Handwritten Page Number on Record Book: 450
**In the matter of the Assignment of Thomas Woonan**
It is ordered by the Court on the application of Thomas Ryan assignee, and with the consent of the creditors of said Thomas Woonan, that he may sell the stock of goods assigned at private sale, for not less than twenty five per centum off of their appraised value, on the following terms to wit: One half cash; and the balance at six months, a note with two endorsers to be approved by the assignee to be taken for the said deferred payment, provided however that if the said sale cannot be effected within six days from the date of this order, the assignee is then ordered to proceed at once, on three days public notice to sell out said stock at public sale, continuing such sale from day to day until the whole is sold, and upon all sums over One-hundred Dollars, the assignee is authorized to take one third in cash and to give a credit of sixty and ninety days upon the balance, taking notes with two approved endorsers.
**The Saint Louis and Iron Mountain Rail Road Company vs Julien Gamache**
By consent of parties, it is ordered by the Court that this cause be continued, until the next term of the Court.
**The Saint Louis and Iron Mountain Rail Road Company vs Richard P. Barrada**
By consent of parties, it is ordered by the Court that this cause be continued until the next term of the Court.
**The Saint Louis and Iron Mountain Rail Road Company vs Anthony H. Menkins etal**
By consent of parties, it is ordered by the Court that this cause be continued until the next term of the Court.
**Mark Tennesson vs G. G. Togger, Byran Sloper James Everett and M Farland**
On account. Now at this day come the said parties by their respective attorney and neither party requiring a Jury, this cause is submitted to the Court upon the pleadings and the Court having duly heard and considered the same, doth consider from the answer of said defendants that they are indebted to said plaintiff, and the Court doth therefore assess the damages of said plaintiff at the sum of One hundred and sixty seven Dollars and ninety one cents. It is, therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid inform aforesaid as found and his costs and charges herein expended and have thereof execution. Bill of Exceptions filed
**John B. Henderson vs Edward A. Goodrick gar &c**
It is ordered by the Court that this cause be continued until the next term of the Court, as on the affidavit of said garnishee, on account of the absence of William Vantilbrough and J. G. Goodrick.
**John B. Henderson vs Joseph G. Goodrick gar &c**
It is order by the Court that this cause be continued, as on the affidavit of said garnishee, until the next term of the Court, on account of the absence of William Vantilbrough and E. A. Goodrick.
**John Cunningham vs Patrick Sullivan exr &c**
By consent of parties this cause is continued until the next term of the Court.
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**Viewer Page 458** (rcdbook1856_26_0457.jpg)
> Handwritten Page Number on Record Book: 451
**Edward Cunningham vs Patrick Sullivan, exr &c**
By consent of parties, this cause is continued until the next term of the Court.
**William G. Angell vs Charles Rogers**
On Note. The Court having duly heard and considered the motion of said plaintiff to strike out the answer of said defendant and being thereof fully, doth order that said motion be sustained. Thereupon this cause is submitted 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 Thousand and sixty dollars and eight two cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as found and his costs and charges herein expended and have execution therefor.
**Benson Bingham vs William H. Deriar**
On motion of said plaintiff by his attorney, it is ordered by the Court that a dedimus issue herein to the State of Pennsylvania, to take depositions of witnesses, to be used on the trial of the above cause, before Rudolph Herkenrath, a Justice of the Peace within and for said County, on the part of said plaintiff.
**John B. Ghis vs John Sigerson and George Smizer**
On Note. Now at this day come the said parties by their respective attorneys and the said defendants withdraw the answer filed herein. Thereupon this cause is submitted 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 Dollars and Sixty cents. It is, therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid inform aforesaid as found and his costs and charges herein expended and have thereof execution.
**James A. Monk vs John Sigerson and George Smizer**
On Note. Now at this day come the said parties by their attorneys and the said defendants withdraw the answer filed by them. Thereupon this cause is submitted 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 Three Dollars and fifty seven cents. It is further considered by the Court that said Judgment bear interest at the rate of ten per centum per annum until paid. It is further considered by the Court that said plaintiff recover of said defendants the sum aforesaid inform aforesaid as found and his costs and charges herein expended and have thereof execution.
**Little & Olcott vs R. Shields, gar &c**
Now at this day come the plaintiffs by their attorneys and on their motion, it is ordered by the Court that this cause be dismissed as to the said garnishees Helfenstein, Gore & Co, at the costs of said plaintiffs and that execution issue therefor. Agreement filed
**Jacob Meyer etal vs Equitable Fire Insurance Company**
J. N. and C. F. Burnes, attorneys for the said plaintiffs file a statement in writing wherein they pray the Court for an order on said defendant to produce "the statement of the loss by fire, as mentioned in the petition of said plaintiffs, verified according to the rules and by laws of defendant which together with all
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**Viewer Page 459** (rcdbook1856_26_0458.jpg)
> Handwritten Page Number on Record Book: 452
necessary papers to establish said loss were delivered to Messrs Courtney and Miller, the agents of said defendant at St Louis; and the Court having duly heard and considered said application doth order that said defendant do produce said statements and all papers attached thereto, before this Court on the first day of the next term thereof, to be begun and held at the City of St Louis on the Fourth Monday of February next, to be used on the trial of this cause.
**The State of Missouri vs Henry Bunnemann**
Indictment for Forgery (Passing Counterfeit money) She said defendant Henry Bunnemann having heretofore entered into bond before Aaron H. Hackney one of the Judges of the Saint Louis County Court, in the sum of one Thousand dollars with H. H. Bunnemann as security, conditioned for the appearance of the said Henry Bunnemann before the Saint Louis Criminal 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 the cause having been transferred from the Saint Louis Criminal Court by charge of venue, with notice to said Henry Bunnemann, and at this day he being solemnly called to come into Court and save his recognizance comes not but makes default and the said Herman H. Bunneman being also solemnly called to bring into Court the body of the said Henry Bunnemann and save their recognizance come not, but make default, therefore, it is considered by the Court that the said bond be declared forfeited, and that a serie facias issue against the said parties returnable to the next term of the Court.
**James B. Baldwin etal vs Steam Boat Orion**
Order of Sale. Thomas Wall, Constable of St Louis Township files a statement from which it appears to the Court, that he has seized the said Steam Boat Orion under sundry warrants, and that five days have elapsed since said seizure and that no person has given bond according to law for said boat, therefore, it is ordered that said Constable proceed to sell said boat at public vendee to the highest bidder for cash, and that he give twenty days notice of the time and place of sale by publication according to low in the St Louis Missouri Democrat.
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**Viewer Page 460** (rcdbook1856_26_0459.jpg)
> Handwritten Page Number on Record Book: 453
The Court met pursuant to adjournment. Present as before.
**John Louderback etal vs The North Missouri Rail Road Company**
The defendant files an answer herein. Thereupon come the plaintiffs by their attorney, and on his motion this cause is continued until the next term of the Court.
**Bernard McAnulty vs Sidney Shakelford, John L. Finney, William H. Finney copartners trading under name and style of Shackelford, garnishees of McMullen & Maxwells**
Garnishment on Execution. Now at this day come as well said plaintiff as said garnishees, and it appearing to the Court from the answer of said garnishees that at the time they were summoned herein as such they had in their possession belonging to said defendants the sum of One hundred and thirteen dollars and Twenty four cents. It is, therefore considered by the Court that said plaintiff recover of said garnishees the sum aforesaid inform aforesaid as found and his costs and charges herein expended and have thereof execution.
**Bernard McAnulty vs George W. Thomas and Raymond Papin garnishees of McMullen, and Maxwell**
Garnishment on Execution. Now at this day come as well said plaintiff as said garnishees, and it appearing to the Court from the answer of said garnishees that at the time they were summoned herein as such they had in their hands belonging to said defendants the sum of sixty six Dollars and sixty cents. It is, therefore considered by the Court that said plaintiff recover of said garnishees the sum aforesaid inform aforesaid as found, and that out of said sum they pay the costs as well of the original proceedings as of this and that he have thereof execution.
**Bernard McAnulty vs Samuel M Cartney garnishee of McMullen and Maxwell**
Dismissal. On motion of the said plaintiff by his attorney it is ordered by the Court that said garnishee be discharged hence at the costs of the plaintiff and that execution issue therefor.
**Bernard McAnulty vs James F. Small, C. W. Wells T. H. Wells and I. G. Wells garnishees of McMullen and Maxwell**
Garnishment on Execution. Now at this day come as well said plaintiff as said garnishees, and it appearing to the Court from the answer of said garnishees that at the time they were summoned herein as such they had in their possession belonging to said defendants the sum of Four hundred and seventy nine Dollars and eighty three cents. It is, therefore, considered by the Court that said plaintiff recover of said garnishees the sum aforesaid in form aforesaid as found, and that out of said amount they pay the costs as well of the original proceedings as of this and that he have thereof execution.
**James S. McLain vs State Mutual Fire and Marine Insurance Company, garnishee of Pleasant Devinney**
Dismissal. On motion of said plaintiff by his attorney, it is ordered by the Court that said garnishee be discharged hence at the costs of the said plaintiff and that execution issue therefor.
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**Viewer Page 461** (rcdbook1856_26_0460.jpg)
> Handwritten Page Number on Record Book: 454
**James S. McLain vs Pennsylvania Insurance Company garnishee of Pleasant Devinney**
Dismissal. On motion of said plaintiff by his attorney it is ordered by the Court that this cause be dismissed at the costs of the said plaintiff and that execution issue therefor.
**James S. McLain vs Richard J. Lockwood and Wm H. Pirson garnishees of Pleasant Devinney**
Dismissal. On motion of said plaintiff by his attorney it is ordered by the Court that this cause be dismissed at the costs of the plaintiff and that execution issue therefor.
**Samuel Kirkman etal vs Thomas D. Dutcher gar &c**
Ordered by the Court that this cause be continued until the next term of the Court.
**Henry D. Bacon vs Robert A. Darst garnishee of W. W. Baker**
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.
**Morris Rosenheim vs Schuster & Jacobs**
Dismissal. On motion of said plaintiff by his attorney it is ordered by the Court that this cause be dismissed as the costs of plaintiff and that execution issue therefor.
**John M. Harris vs F. Gelfort garnishee of August Lochner**
Now at this day come the said parties by their respective attorneys and thereupon come also a Jury to wit, Gottffied Ehman Thomas J. Chadwick, Moses Stewart, James Abott, William Hoffman, Peter Ambs, Daniel Grace, Benedrick Widner Thomas J. Steel, Michael Meloney, John W. Gallick and Henry Davis, twelve good and lawful men who being duly elected, tried and sworn the matters in controversy well and truly to try, the trial of this cause progressed, but not being finished in laid over until tomorrow morning.
**Franklin Field vs Charles W. Ban**
The Defendant files an answer and also a motion to dissolve Injunction. Depractions filed.
**The State of Missouri vs Henry Bunnemann**
On motion of said defendant by his attorney, the Court doth order that the order heretofore made in this cause declaring the bond of said plaintiff forfeited on the third of the present month, be and the same is hereby set aside. Thereupon the defendant files his recognizance, which is in words and figures following, to wit: State of Missouri, County of Saint Louis, is Be it remembered that on this day came before James R. Lackland, Judge of the Eight Judicial Circuit of the State of Missouri, being composed of the County of St Louis Henry Bunnemann as principal and Herman H. Bunnemann as security, and acknowledged themselves to owe to the State of Missouri the sum of one thousand Dollars to be levied of their respective goods and chattels, lands and tenements; get upon condition that if the said Bunnemann, shall personally appear before the Saint Louis Circuit Court, on the fired day of the next term thereof to be holden for the County of Saint Louis, on the fourth Monday in February next being the twenty second day of February next, Eighteen hundred and fifty eight and from
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**Viewer Page 462** (rcdbook1856_26_0461.jpg)
> Handwritten Page Number on Record Book: 455
day to day during said term and on the first day of any future term to which this cause may to continued, and then and there to answer an indictment preferred by the Grand Jururs of said County against said Bannemann for Forgery (Passing Counterfeit money) and shall not depart the said Court without leave thereof then this recognizance to be void, else to remain in force.
**Lawrence Matthews vs George Gerst garnishee of Daniel B. Dougherty**
Now at this day come the said parties by their respective attorneys and thereupon come also a Jury to wit. Thomas L. Salisbury, Amos Cutter, Hudson E. Bridge, F. W. Plass, M. Ohlman, Peter Scharding, Henry Price, John Powell Simon Mahoney, Patrick Long, Daniel H. Shank and T. W. Herchan, twelve good and lawful men who being duly elected, tried and sworn the matters in controversy well and truly to try the trial of this cause progressed and being finished the Jururs aforesaid upon their oaths aforesaid find the issue joined in favor of said garnishee. It is, therefore, considered by the Court that said garnishee recover of said plaintiff his costs and charges herein expended and have execution therefor. The sum of Twenty-five Dollars is allowed to said garnishee for answering herein.
**Fredrick Saal vs The Terre Hante Alton and Sr. Louis Rail Road Co**
It is ordered by the Court that this cause be continued on. The affidavit of said plaintiff, until the next term of the Court, at his costs, and that execution issue therefor.
**Bridget-Boas vs Peter B. Garesche administrator of Michael Harren**
Appeal from Probate Court. Now at this day come the parties by their respective attorneys, and neither party requiring a Jury, this cause is submitted to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth assess the damages of said plaintiff at the sum of One hundred and ninety seven Dollars. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid inform aforesaid us assessed and her costs and charges herein expended.
**John Lavin vs Layman'an W. Patchin**
Order of Replevin. The plaintiff comes and files a Statement in writing and affidavit according to law, 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 Saint Louis County and said Sheriff in hereby directed, if said property be not delivered to him to take it from the defendant and deliver it to the plaintiff.
**William Rupell vs Sylvester H. Laffin**
Order of Roplevin. The Plaintiff comes and files a petition in writing and affidavit according to law, 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.
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**Viewer Page 463** (rcdbook1856_26_0462.jpg)
> Handwritten Page Number on Record Book: 456
The Court met pursuant to adjournment. Present as before.
**J. Godfried Goethe vs Jacob Richard, Trustee of Mary Kerkhoff, Mary Kerkhoff and Fred Kerkhoff**
Nonsuit. Now at this day come the defendant by their attorney, but the said plaintiff although duly notified and solemnly called comes not, therefore, on motion of said defendants it is ordered by the Court that said plaintiff to nonsuited. It is, therefore, considered by the Court that said plaintiff take nothing by his suit in this behalf, but that said defendant go hence without day and recover of said plaintiff their costs and charges herein expended and have thereof execution.
**State of Missouri to the use of Michael Stanton vs Daniel Emerson, Granville Kimball and James Y. Sanger**
The Court having duly heard and considered the motion filed herein by the defendant Sanger for a new trial of this cause, and being thereof fully advised, doth order that the same be overruled.
**Mark Tennisson vs Y.Y. Togger etal**
Motion to set aside Judgment filed.
**The Saint Louis & Iron Mountain Rail Road Company vs Daniel H. Armstrong**
Continued
**The Saint Louis & Iron Mountain Rail Road Company vs Adolph Abeles and J. L Taussig**
Continued
**The Saint Louis & Iron Mountain Rail Road Company vs John Sigerson and William Sigerson**
Continued
**The Saint Louis & Iron Mountain Rail Road Company vs Fredrick Gilfert**
Continued
**The Saint Louis & Iron Mountain Rail Road Company vs Napoleon Mullikins**
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.
**Emil Block etal vs The Steam Boat Louisville**
Amended petition and answer there to filed.
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**Viewer Page 464** (rcdbook1856_26_0463.jpg)
> Handwritten Page Number on Record Book: 457
**Cleander Mighells vs Lorenze D. Jones**
Exhibit M., filed.
**The Saint Louis and Iron Mountain Rail Roads Company vs William Street**
Now at this day comes the said plaintiff by its attorney but the said defendant although duly summoned and called comes not but makes default, therefore, the Court doth order the petition of said plaintiff be taken against him as confessed. Thereupon the plaintiff submits this cause to the Court, and the Court having duly heard and considered the same, doth assess the damages sustained by paid plaintiff by reason of the premises in its petition submitted at the sum of Four hundred and Thirty dollars and Thirty cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as assessed and its costs and charges herein expended and have thereof execution.
**The Saint Louis and Iron Mountain Rail Road Company vs John G. Berghoff**
Now at this day come the parties by their respective attorneys, and neither party requiring a Jury this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth assess the damages sustained by said plaintiff by reason of the premises in its petition stated at the sum of One hundred and fifty eight dollars and forty cents. It is, therefore considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assessed and its costs and charges herein expended and have thereof execution.
**Josish Brown vs Ezra O. English, John Burnes and Jacob Johnson, company firm of English, Burns & Co**
On motion of said plaintiff by his attorneys it is ordered by the Court that a dedimus issue herein to the State of Illinois, to take deposition of witness, to be used on the trial of this cause, before Charles Hequernuburg a Justice of the Peace, within and for said County.
**Josish Brown vs Ezra O. English etal composing firm of English Burns & Co**
On motion of said plaintiff by his attorney, it is ordered by the Court that a dedimus issue herein to take depositions of witness, to be used on the trial of this cause before Charles Hequenburg, a Justice of the Peace, within and for said County.
**John M. Harris vs T. Gelfort, garnishee of August Luehner**
Garnishment on Execution. Now at this day come again said parties by their respective attorneys and the Jury empannelled and sworn herein also come and the trial of this cause being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiff and assess his damages at the sum of Four hundred and Seventy seven Dollars and Thirty six cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid assessed and that out of said sum he pay the costs as well of the original proceedings us as of this and that he have execution therefor. The Sum of Twenty five Dollars is allowed said garnishee for answering herein.
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**Viewer Page 465** (rcdbook1856_26_0464.jpg)
> Handwritten Page Number on Record Book: 458
**Bernard McAnulty vs James M. Riley and Edward E. Curtis garnishees of Maxwell & Mcmullen**
Garnishment on Execution. Now at this day comes as well said plaintiff as said garnishees, and it appearing to the Court from the answer of said garnishees, that at the time they were summoned herein as such, they had in their possession belonging to said defendant the sum of Two-hundred and twenty seven Dollars and twenty five cents. It is, therefore considered by the Court that said plaintiff recover of said garnishees the sum aforesaid inform aforesaid as confessed, and that out of said sum he pay the costs as well of the original proceedings as of this, and that he have execution therefor.
**Bernard McAnulty vs Mark Hamilton garnishee of McMullen & Maxwell**
Garnishment on Execution. Now at this day comes as well said plaintiff as said garnishees, and it appearing to the Court from the answer of said garnishee that at the time he was summoned herein as such, he had in his possession belonging to said defendant the sum of One hundred and twenty four Dollars and fifty cents. It is, therefore, considered by the Court that said plaintiff recover of said garnishee the sum aforesaid inform aforesaid as confessed, and Chat out of said sum he pay the costs of this, as well of the original proceedings and that he have thereof execution.
**The Saint Louis and Iron Mountain Rail Road Company vs Benjamin Deslisle**
On Agreement. Now at this day come the said parties by their respective attorneys and neither party requiring a Jury this cause is submitted to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth assess the damages sustained by said plaintiff by reason of the Premises stated in its petition at the sum of One hundred and forty four Dollars and Ten cents. It, is therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid inform aforesaid as assessed and its costs and charges herein expended and have thereof execution. Motion to set aside judgment and for new trial filed.
**Thomas A. Harron vs Frank Field**
Now at this day come the said parties by their respective attorneys and thereupon come also a Jury to wit. Thomas L. Salisbury, Amos Cutter, Hudson E. Bridge, B. W. Plass, Peter Scharding Henry Price, Simon Mahoney, Patrick Long, P. Suefodorf, Daniel Shank, J. W. Herchan and John Porvell twelve good and lawful men, who being duly elected, tried and sworn the matter in controversy well and truly to try the trial of this cause progressed, But said plaintiff says he will not further prosecute his suit in this behalf. Therefore the Court doth order that the Jury be discharged, and that said plaintiff be nonsuited. It is, therefore considered by the Court that said plaintiff take nothing by his suit in this behalf, but that said defendant go herein without day and recover of said plaintiff his costs and charges herein expended and have thereof execution.
**State of Missouri to the use of the Bank of the State of Missouri vs James Y. Sunger**
The Court having duly heard and considered the motion of said defendant to set aside the Judgment by default in this cause, and being fully advised of and concerning the same, doth order that the same to overruled.
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> Handwritten Page Number on Record Book: 459
**George B. Murray vs Thomas Bower, Francis Mayer, John W. Senhert and Ferdinand Welcker**
On motion of said plaintiff by his attorney it is ordered by the Court that this cause be dismissed as to the said defendant Thomas Bower. Therefore comes the said defendant Francis Mayer by his attorney, but the said other defendants although solemnly called come not. Therefore this cause is submitted to the Court and the Court having duty heard and considered the same, doth find from the instruments of writing on which this action is founded that said defendants are indebted to said plaintiff the sum of Five hundred and Thirty dollars and fifty eight cents. It is, therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid inform aforesaid as found and his costs and charges herein expended and have thereof execution.
**John P. Moore etal vs Thomas J. Albright etal**
Motion to set aside Judgment of nonsuit and for new trial filed.
**Glenn vs Sattmarsh etal**
Now at this day comes the plaintiff by his attorney and suggests the death of the defendant C. H. Sattmarsh and the sum is not denied. By consent this cause is continued until the next term of the Court.
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**Viewer Page 467** (rcdbook1856_26_0466.jpg)
> Handwritten Page Number on Record Book: 460
The Court met Prusuant adjoinment. Present as before.
**State of Missouri to the use of the Bank of the State of Missouri vs James Y. Sanger**
Now at this day comes the plaintiff by its attorney but the said defendant comes not, Wherefore on motion of said plaintiff this cause is submitted to the Court upon the petition exhibits and proofs, and the Court having duly heard and considered the same doth from such proofs assess the damages sustained by said plaintiff by reason of the premises stated in its petition at the sum of Eight hundred and fifty Three Dollars and ninety four cents. It is, therefore, considered by the Court that said plaintiff recover of said defendant the sum aforesaid in form aforesaid as assessed and its costs and charges herein expended and have thereof execution.
**Robert M. Barclay etal vs Daniel Gale**
The plaintiffs file proof satisfactory to the Court that the order of publication heretofore made in this cause has been duly published according to law. Thereupon come the plaintiffs by their attorney but the defendant although duly notified and solemnly called comes not. Therefore, the Court doth, on motion of said plaintiffs, order that their petition be taken against him as confessed. It is further ordered that writ of inquiry issue herein for the assessment of damages returnable to the next term of the Court.
**Agnes Ray vs John Ray**
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 plaintiff and that execution issue therefor.
**John Kennedy vs Joseph Larkin**
Confession of Judgment. Now at this day comes the said defendant and files his statement in writing duly verified by affidavit. Whereby he confesses himself indebted to said plaintiff in the sum of eight hundred and eighty nine Dollars and Seventy seven cents, and consents that Judgment be rendered against him for said sum. It is therefore considered 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 have thereof execution.
**George Ballas, Sr vs Lavenia Ballas**
Now at this day come the said parties by their respective attorneys and submit this cause upon the pleadings and proofs, to the Court, and the trial of this cause progressed, but not being concluded is laid over until tomorrow morning at Ten O'clock. A. M.
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**Viewer Page 468** (rcdbook1856_26_0467.jpg)
> Handwritten Page Number on Record Book: 461
The Court met pursuant to adjoinment. Present as before.
**Isaac Bernheimer vs Abraham Newmark**
On motion of said plaintiff by his attorney it is ordered that a commission issue herein to the State of New York, to take depositions of witnesses, to be used on the trial of this cause, on the part of the plaintiff.
**Dominique Stock and Joseph Pfeiffer vs Washington H. Deriar**
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.
**George Ballas Sr vs Lavenia Ballas**
Now at this day come again said parties by their respective attorneys and the trial of this cause progressed, but not being concluded is laid over until tomorrow morning.
**In the matter of Charles Rogers**
On the application of the assignee herein it is ordered by the Court that Henry Miller & R. C. Kraft be, and they are hereby appointed appraisers in lien of Hall & Hunt, who were heretofore appointed for that purpose, but who refuse to act.
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**Viewer Page 469** (rcdbook1856_26_0468.jpg)
> Handwritten Page Number on Record Book: 462
The Court met pursuant to adjournment. Present as before.
**Charles H. Heywood and James Morris vs James William Parron**
Confession of judgment. Now at this day comes the said defendant and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to said plaintiffs in the sum of Three hundred and sixty-Two Dollars and forty four cents. It is, therefore, considered 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 have execution thereof. The fore going Judgment is improperly entered as of this day, the Clerk should have entered it on the Twelfth of December, the day upon which the same was confessed and the same was afterwards accordingly done.
**Simon Abeles vs Henley & Pafin**
The Court having duly heard and considered the demurrer to the second amended petition, and being thereof fully advised doth order that the same be overruled Defendants file an answer.
**The State of Missouri, who sues to the use and at the relation of James T. Sweringen and Edward Bredell vs Mark Moss, Thomas Moss and Andrew Fight**
Now at this day come the said parties by their respective attorneys and neither party requiring a Jury, this cause is submitted to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth assess the damages of said plaintiff at the sum of Fifteen hundred Dollars. It is therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as assessed and its costs and charges herein expended and have thereof execution.
**Frederick Riebuscho vs Henry Besmeyer**
Order of Replevin. 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 defendant deliver the property specified in the 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 defendant and deliver it to the plaintiff.
**George Ballas, Sr vs Lavenia Ballas**
Now at this day come again said parties by their respective attorneys and the trial of this cause progressed, but not being concluded is laid over until tomorrow morning.
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**Viewer Page 470** (rcdbook1856_26_0469.jpg)
> Handwritten Page Number on Record Book: 463
The Court met pursuant to adjournment. Present as before.
**State of Missouri to the use of the Bank of the State of Missouri vs James Y. Sanger**
Appeal to the Supreme Court. On motion of said defendant by his attorney an appeal to the Supreme Court from the Judgment in this cause rendered, is granted him. Thereupon he files a bond, conditioned according to law, which is approved by the Court.
**State of Missouri to use of Michael Santon vs James Y. Sanger**
Appeal to Supreme Court. On motion of said defendant by his attorney an appeal to the Supreme Court, from the Judgment in this cause rendered is granted him, Thereupon he files a bond conditioned according to law, which is approved by the Court.
**Samuel H. Paston etal vs Henry Busemeyer**
Appeal to Supreme Court. On motion of said defendant by his attorney an appeal to the Supreme Court, from the Judgment herein rendered is granted him, Thereupon he files a bond conditioned according to law, which is approved by the Court.
**Frederick K. Saal vs The Terre Hante Alton and Saint Louis Rail Road Company**
Now at this day comes Cyrenius C. Simmons, in Open Court, and acknowledges himself bound for all costs that may accrue in this cause.
**F. Dattelzwerg vs M. W. T. Black**
Order of Sale. Now at this day comes James Castello, Sheriffs of Saint Louis County and files a statement, whereby it appears to the Court that the property levied upon by virtue and authority of the attachment issued in this cause is likely to depreciate in value before the probable termination of this said, and that the keeping of the same would be attended with much expense. It is, therefore, ordered by the Court that the said James Castello, Sheriff as aforesaid do proceed to sell said property so levied upon in conformity to the state in such case made and provided
**George Ballas Sr vs Lavenia Ballas**
Now at this day come the said parties by their respective attorneys and the trial of this cause progressed but not being concluded is laid over until tomorrow-morning.
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**Viewer Page 471** (rcdbook1856_26_0470.jpg)
> Handwritten Page Number on Record Book: 464
The Court met pursuant to adjournment. Present as before.
**George Ballas vs Lavenia Ballas**
Now at this day come again said parties by their respective attorneys and the trial of this cause progressed, but not being finished is laid over until to-morrow morning.
The Court met pursuant to adjournment. Present as before.
**George Ballas, Sr vs Lavenia Ballas**
Now at this day come again said parties by their respective attorneys and the trial of this cause progressed, and being finished the Court takes the same under advisement.
On motion of C. D. Drake, Esq., it is ordered that C. D. Montague be enrolled as a member of this bar.
**William Proper vs Ann Proper**
On motion of said plaintiff by his attorney, it is ordered that a dedimus issue herein to the State of Pennsylvania, to take depositions, of witnesses, to he used on the trial of this cause on behalf of the plaintiff.
**Charles H. Heywood and James Morris vs James William Barron**
Confession of Judgment. Now at this day comes the defendant and files his statement duly verified by affidavit whereby he confesses himself indebted to said plaintiff the sum of Three hundred and sixty two Dollars and forty four cents. It is, therefore considered 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 have thereof execution.
**Joshua Fine etal vs The Board of President and Directors of the Saint Louis Public Schools etal**
Now at this day come the parties by their respective attorneys and thereupon come a Jury to wit: Andrew Darley, J. W. Brooks Richard Lack Hamilton Wasson, H. H. Duval, D. A. Coleman, John Dickey, James Jones, Thomas Doyle, William Wasson and Joseph Andrews, lenen good and lawful men, who by consent of parties, being duly elected, tried and sworn the matters in controversy well and truly to try the trial of the cause progressed, but not being finished is laid over until Monday morning at Ten O'clock.
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**Viewer Page 472** (rcdbook1856_26_0471.jpg)
> Handwritten Page Number on Record Book: 465
The Court met pursuant to adjournment. Present as before.
**George Ballas, Sr vs Lavenia Ballas**
Now at this day come the parties by their respective attorneys and the Court having duly heard and considered all and singular the matters in controversy between the parties aforesaid doth find the issues joined upon the allegations contained in the plaintiff's original and amended petition, in favor of the said defendant, and the Court do the further find the issue joined upon the allegations contained in so much of defendants answer, as in the nature of a cross-bill, in favor of the plaintiff. The Court doth further find that the plaintiff did not abandon his wife and refuse to maintain and provide for her, but that she voluntarily left his domicil without sufficient cause. It is further considered by the Court that said plaintiff pay the costs of this proceeding and that execution issue therefor.
**Grant Goodrich, George Scoville and Henry Seelye vs William Hassinger**
On account. Now at this day come the plaintiffs by their attorney but the said defendant although duly summoned and called comes not but makes default, wherefore the Court doth order the petitions of said plaintiffs be taken against him as confessed. Thereupon this cause is submitted to the Court upon the pleadings and proofs and the Court having duly heard and considered the same, doth assess the damages sustained by said plaintiff by reason of the premises in their petition stated at the sum of Three hundred and fifty six Dollars and ten cents. It is therefore, considered 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 have thereof execution.
**Joshua Fine vs The Board of Presidents and Directors of the St Louis Public Schools & others**
Now at this day come the said parties by their respective attorneys and the Jury sworn and empannelled herein also come and the trial of this cause progressed, but not being finished is laid over until tomorrow morning. On application of H. H. Duval, one of the Jurors herein, and by consent of parties, it is ordered that he be excused from further serving on the panel in this cause.
**St Louis and Iron Mountain Rail Road vs Karth & others**
Now at this day comes Henry Erle, curator of George Karth, Frederick Karth, Peter Karth and Henry Karth and files his appearance as of the day of name protune for said minors and consents on their behalf to the confirmation of the report of the commissioners in said cause.
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**Viewer Page 473** (rcdbook1856_26_0472.jpg)
> Handwritten Page Number on Record Book: 466
The Court met pursuant to adjournment. Present as before.
**Louis Kesseler vs Frederick Ehlerh**
Confession Judgment. Now at this day comes the said defendant and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of Eight hundred and forty eight Dollars and consents that Judgment be rendered against him for said sum. It is, therefore, considered 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 have thereof execution.
**Mathan S. Rice vs James H. Lucas, John Simonds, Henry S. Patterson Robert S. Turner and Robert N. Nisbit**
Now at this day come the said parties by their respective attorneys and neither party requiring a Jury, this cause is submitted to the Court and the Court having duly heard and considered the same, doth find that said defendants are indebted to said plaintiff in the sum of Two hundred and Twenty four dollars and fifty cents.
**Thomas Hungerford vs Madison Miller etal garnishees of Henry Holmes**
The plaintiff having failed to file allegations and interrogatories herein, It is, now, on motion of the said garnishes by his attorney, ordered that he be discharged hence at the costs of the plaintiff and that execution issue therefor. Five Dollars is allowed said garnishee Miller for his appearance herein.
**Bernand Mc Anulty vs James H. Bryan etal garnishees of Maxwell & McMullen**
Dismissal. On motion of said plaintiff by his attorney it is ordered by the Court that this cause be dismissed as to the said garnishees, at his costs and that execution issue therefor.
**Bernand Mc Anulty vs James Gilbreath etal garnishees of Maxwell & McMullen**
Dismissal. On motion of said plaintiff by his attorney, it is ordered by the Court that this cause be dismissed as to the said garnishees, at his costs of the plaintiff and that execution issue therefor.
**Bernand Mc Anulty vs Hanen Kamp & Hynes garnishees of Maxwell & McMillen**
Garnishment on Execution. Now at this day comes as well said plaintiff as said garnishees, and it appearing to the Court from the answer of said garnishees that at the time they were summoned herein as such they had in their possession belonging to said defendants the sum of Four hundred and Three Dollars and fifty six cents. It is, therefore considered by the Court that said plaintiff recover of said garnishees the sum aforesaid in form aforesaid as confessed and that out of said sum he pay the costs as well of the original proceedings as of this, and that he have thereof execution.
**Joshua Fine etal vs The Board of President of the St Louis Public Schools**
Now at this day come again said parties by their respective attorneys the Jury empannelled and sworn herein also come, but the trial of this cause not being con
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**Viewer Page 474** (rcdbook1856_26_0473.jpg)
> Handwritten Page Number on Record Book: 467
cluded is laid over until tomorrow morning at Ten O'clock.
**Bernand Mc Anulty vs Thomas Ryan and F. K. Louthan garnishees of Maxwell & McMullen**
Garnishment on Execution. Now at this day comes as well said plaintiff as said garnishees, and it appearing to the Court from the answer of said garnishees, that at the time they were summoned herein as such they had in their possession belonging to the defendants the sum of One hundred and ninety seven Dollars and Twenty nine cents. It is, therefore considered by the Court that said plaintiff recover of said garnishees the sum aforesaid in form aforesaid as confessed and that out of said sum he pay the costs as well of the original proceedings as of this, and that he have execution therefor.
**Bernand Mc Anulty vs R. H. Stone gar of Maxwell & McMullen**
Dismissal. On motion of said plaintiff by his attorney it is ordered by the Court that this cause be dismissed, at the costs of the plaintiff and that execution issue therefor.
**Bernand Mc Anulty vs Robert W. Barclay etal gar of Maxwell & McMullen**
Dismissal. On motion of said plaintiff by his attorney, it is ordered by the Court that this cause be dismissed, at the costs of the plaintiff and that execution issue therefor.
**Louis A. Benvist and James Christy vs S. H. Benvist**
Confession of Judgment. Now at this day comes the defendant and files his statement in writing duly verified by affidavit whereby he confesses himself indebted to said plaintiffs in the sum of Twenty one thousand Eight hundred and twenty seven Dollars and eighty-two cents, and consents that Judgment may be rendered against him for said sum. It is, therefore, considered by the Court that said plaintiffs recover of said defendant the sum aforesaid inform aforesaid as confessed and their costs and charges herein expended and have execution thereof.
**Louis A. Benvist and James Christy vs S. H. Benvist**
Confession of Judgment. Now at this day comes the defendant and files his statement in writing duly verified by affidavit whereby he confesses himself indebted to said plaintiffs in the sum of Twenty seven Thousand nine hundred and ninety two dollars and eighty five cents, and consents that Judgment may be rendered against him for said sum. It is, therefore, considered by the Court that said plaintiffs recover of said defendant the sum aforesaid inform aforesaid as confessed and their costs and charges herein expended and have thereof execution.
**Samuel T. Canley George V. Neville and Thomas Hughes vs Charels P. Morton**
Confession of Judgment. Now at this day comes the 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 thirty three Dollars and sixty three cents. It is, therefore, considered 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 have execution therefor.
**Charles E. Morgan, Williams B. Buck and Albert Parvin vs Charles P. Mortone**
Confession of Judgment. Now at this day comes the 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 forty seven Dollars and sixty four cents, and consents that Judgment
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**Viewer Page 475** (rcdbook1856_26_0474.jpg)
> Handwritten Page Number on Record Book: 468
May be rendered against him for said sum. It is, therefore, considered by the Court that said plaintiffs recover of said defendant the sum aforesaid inform aforesaid as confessed and their costs and charges herein expended and have execution therefor.
The Court met pursuant to adjournment. Present as before.
**James Harrison vs Samuel Lutee etal**
On motion of said plaintiff it is ordered that an alias writ issue herein against the said defendant, returnable to the next term of the Court.
**James Harrison vs Charles Hays and Drury Hall**
On motion of said plaintiff it is ordered that an alias writ issue herein against the said defendant, returnable to the next term of the Court.
**Emil Block etal vs The Steam Boat Louisville**
Depositions on part of defendant, opened and filed.
**Thomas Cradan vs Catharine Cradan**
Order of Publication. It appearing to the satisfaction of the Court from the affidavit of said plaintiff, that defendant is a non-resident of the State of Missouri, and cannot be served with proofs, it is therefore, on motion of said plaintiff by his attorney ordered by the Court that said defendant be notified of the commencement of the suit, the object of which is to obtain a Judgment of divorce from the said defendant on the ground of desertion, and unless she be and appear at the next term of this Court, to be begun and held at the City of Saint Louis the Fourth Monday of February next, and on or before the sixth day thereof, answer the petition of said plaintiff, the same will be taken against her as confessed. It is further ordered that a copy hereof be published according to law in the Saint Louis Missouri Democrat.
**Joshua Fine etal vs The Board of President and Director of the Saint Louis Public Schools**
Now at this day come again said parties by their respective attorneys and the Jury empannelled and sworn herein also come, and the trial of the cause progressed, but not being finished is land over until tomorrow morning at Ten O'clock.
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**Viewer Page 476** (rcdbook1856_26_0475.jpg)
> Handwritten Page Number on Record Book: 469
**David Y. Bridges etal vs John W. Hedenberg etal**
The Defendant John W. Hedenberg comes and consents to the plaintiffs application for a new trial of the cause.
**Squire Hall vs William H. Derian**
Leave to defendant to withdraw answer and to file a plea, in the nature of a plea in abatement. Plea filed
Court met pursuant to adjournment. Present as before.
**City of Memphis vs Matthew Levering etal**
Petition, answer and motion for Judgment on answer filed by consents. The Court having duly heard and considered the said motion for Judgment upon the answer, and being thereof fully advised, doth order that said motion be overruled, with leave to plaintiff to reply within the first six days of the next term to Court. By agreement of parties, this cause is to take its regular place on the return Docket of the next term.
**Nathan L. Rice vs James H. Lucas, John Simonds Henry L. Patterson, Henry S. Turner and Robert N. Nisbet**
Satisfaction of Judgment. Now at this day comes the said plaintiff by his attorney and acknowledges full and entire satisfaction of the judgment heretofore rendered in his behalf and against said defendants, on the fifteenth day of December Eighteen hundred and fifty seven.
**Joshua Fine etal vs The Board of President and Directors of the Saint Louis Public Schools etal**
Now at this day come again said parties by their respective attorneys and the Jury empannelled and sworn herein also come and the trial of this cause progressed, but not being finished is laid over until tomorrow morning at Ten O'clock.
**Dennis McCarthy vs Rufus Case' admr &c**
It is ordered by the Court that the following entry be made as of the sixth day of November "none fortune" "Now at this day comes Martin Lephere by his attorneys and enter his appearance as administrator of the estate of Rufus Case, deceased, waives process and submits the case to the Court for trial.
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**Viewer Page 477** (rcdbook1856_26_0476.jpg)
> Handwritten Page Number on Record Book: 470
The Court met pursuant to adjournment. Present as before.
**Martin H. Howell, Nelson Runyan and Martin A. Howell Jr. partners &c vs Daniel D. Page and Henry D. Bacon**
On Bill of Exchange. Now at this day come the said parties by their respective attorneys and neither party requiring a Jury, this cause is submitted to the Court upon the pleadings and proofs, and the Court having only heard and considered the same doth find from such proofs that said defendants are indebted to said plaintiff in the sum of Two-Thousand and Seventy six Dollars and Eighty five cents. It is, therefore, considered by the Court that said plaintiffs revover of said defendants the sum aforesaid in form aforesaid as found and their costs and charges herein expended and have thereof execution.
**Cleander Mighells vs Lorengs D. James**
The plaintiff having filed an affidavit for a continuance of this cause, and the Court having duly heard and considered the same, doth order that said cause be continued until the next term of the Court at the costs of said plaintiff and that execution issue therefor.
**James B. Ricordo admr &c vs Addison G. Bragg**
By consent of parties, it is ordered by the Court that this cause be continued until next term of the Court.
**Joshua Fine, Hary A. Hunter, Genevive U. Hunter, Albey Fine, Alice Fine by their guardian Mary A. Hunter. vs The Board of President and Directors of the Saint Louis Public Schools, The City of Saint Louis, A. D. Fleak, John Miller, James Taylor, H. B. Paul, Herman D. Juengling Morris Fleak, German Pearson, Reese Warblet, John W. Bonfield, Henry Latourette, P. W. Vail, Nathaniel Reid, Edward M. Elum, Willliam Reilly August Jarand, John Frendley, Robert Simpson, Rufus Clark, James Nugent, Frederick W. Gale, James R. Barrett, William McCaw, John Rice, Jesse D. Barrett, James Hennenger, Frederick Stricker, E. S. Ayers, Joseph S. Hull and Hull, his wife, John H. Simpson, Sarah Clark, Thomas I. Homer, Andrew Hocke, R. S. Mc Donald, John Falken, John Sexton Jr, John Fine, Napoleon Turner, Samuel Nalsen, Pasqual Ferrick, John Leach, Henry Frankmann, Jacob Bixler, J. S. Schroeder, James Maiden, Jereminlo Betts, Ralph P. Leavenworth, Charles Morris, Absolom Woodward, Robert H. Mason, Robert Anderson, Charlotte M. Anderson Fitzpatrick M. E. Triplett, Edward Dobyns, John M. Nimer, Marshall Brotherton, Thomas Hanfield, Isaac T. Greene, William H. Bedemeyer, George Barenpohl, Gertude Lautenshutz Allen, Henry Ames, Thomas Grey, Henry Holmes, Samuel M. Bowman, Hugh Carlin, Henry Tomforde, Caroline C. Juengling, Valentine Nugeleisen, Charles E. Loring, James Steel, Mark Morris and Lydia B. Mason.**
Now at this day come again said parties by their respective attorneys and the Jury empannelled and sworn herein also come and the trial of this cause being finished the Jurors aforesaid upon their oaths aforesaid find the issue-joined in favor of said plaintiffs and that said defendants are guilty of the
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**Viewer Page 478** (rcdbook1856_26_0477.jpg)
> Handwritten Page Number on Record Book: 471
trespass and ejectment as alledged in their petition as to three undivided twenty-eights of the premises therein described, to wit: "one of the tracts of land then, and now known as the Common fields of St Louis, that said tract of land contained forty arpens and was one arpent in front by forty arpens in depth, and was bounded on the North by a tract of land once of one Joseph Tayor or Taillon and is designated as United States Survey Number One Thousand four hundred and Eighty Three (1483) on the South by a tract of land once of John B Sarpy and now designated as United States Survey Eighteen hundred and forty two (1842) on the East by the Eastern line of said Common Fields and the Big Mound; on the West by the Western line of said Common Fields, and through which tract a street now runs and is projected called West Mound Street" and doth assess the damages of said plaintiffs sustained by reason of the trespass and ejectment mentioned at the sum of One hundred Dollars, and doth find the monthly value of said premises above described to be the sum of eight Dollars. It is, therefore, considered by the Court that said plaintiffs recover of said defendants the possession of three undivided twenty eighths of the premises above described, together with the monthly value and damages aforesaid as assessed by the Jury and also their costs and charges in this behalf expended and have execution therefor. Motion for new trial and in arrest of Judgment filed.
**Simon Abeles vs Wilson Henley etal**
By consent of parties, it is ordered by the Court that this cause be continued until the next term of this Court.
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**Viewer Page 479** (rcdbook1856_26_0478.jpg)
> Handwritten Page Number on Record Book: 472
The Court met pursuant to adjournment. Present as before.
**Mark Tenneson vs G. G. Togger etal**
The Court having duly heard and considered the motion of said defendants for a new trial of this cause, and being thereof fully and sufficiently advised, doth order that said motion be overruled.
**John P. Moore etal vs Thomas F. Albright etal**
The Court having duly heard and considered the motion of said plaintiffs for a new trial of this cause, and being thereof fully advised, doth order that the same be overruled.
**Clemens Dierke vs Nicholas Ast**
The Court having duly heard and considered the motion of said defendant for a new trial of this cause, and being thereof fully advised, doth order that the same be overruled.
**The Saint Louis and Iron Mountain Rail Road Company vs Benjamin Deslisle**
The Court having duly heard and considered the motion of said defendant for a new trial and being thereof fully advised, it doth order that the same be overruled.
**Carl Wittig vs John Ruedi**
The Court having duly heard and considered the motion of said defendant for a new trial of this cause and being thereof fully advised, it doth order that the same be overruled.
**Ezekiel Pine vs P. B. Gareschi admr &c**
The Court having duly heard and considered the motion of the said defendant for a new trial of this cause and being thereof fully advised, doth order that the same be overruled.
**George Shillito vs Philip D. Gordon etal**
The Court having duly heard and considered the motion of the said defendant for a new trial of this cause and being thereof fully advised, doth order that said motion be overruled.
**State of Missouri to the use of the Bank of Missouri vs James Y. Sanger**
Bill of Exceptions filed
**State of Missouri to the use of the Bank of Missouri vs James Y. Sanger**
Bill of Exceptions filed
**James A. Conway vs J. A. Capurre**
The Court having duly heard and considered the motion of said defendant for a new trial of this cause and being thereof fully advised, doth order that the same be overruled.
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**Viewer Page 480** (rcdbook1856_26_0479.jpg)
> Handwritten Page Number on Record Book: 473
**Robert T. Baldwin etal vs John S. Thomson**
On account. Now at this day come the said parties by their respective attorneys, and neither party requiring a Jury, this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth assess the damages of said plaintiffs by them sustained by reason of the premises in their petition stated at the sum of one Thousand and fifteen Dollars. It is therefore, considered by the Court that said plaintiffs recover of said defendant the sum aforesaid inform aforesaid as assessed and their costs and charges herein expended and have thereof execution. Motion for new trial filed.
**James Mannell vs Catharine Timmonds admr &c**
The Court having duly heard and considered the motion of said defendant for a new trial of this cause and being thereof fully advised, doth order that said motion be overruled
**Thomas C. Reynolds vs William A. Sinn**
The Court having duly heard and considered the motion of said defendant for a new trial of this cause and being thereof fully advised, doth order that the same be overruled
**Charles Fritz vs Cleadore Buscho**
The Court having duly heard and considered the motion of said defendant for a new trial of this cause and being thereof fully advised, doth order that said motion be overruled
**Eugene Iaccord etal vs Alexander Mitchell**
The Court having duly heard and considered the motion of said defendant for a new trial of this cause and being thereof fully advised, doth order that said motion be sustained.
**Hezekiale Claggett vs Edward Hale Jr etal**
The Court having duly heard and considered the motion of said defendants for a new trial of this cause and being thereof fully advised, doth order that said motion be overruled
**George W. Cline etal vs Samuel S. Brainard etal**
The Court having duly heard and considered the motion of said defendants for a new trial of this cause and being thereof fully advised, doth order that said motion be overruled
**Thomas J. Kyser (n. 63) vs John O. Tallon Jr**
The Court having duly heard and considered the motion of said plantiff for a new trial of this cause and being thereof fully advised, doth order that said motion be overruled
**Thomas J. Kyser (n. 64) vs John O. Fallon Jr**
The Court having duly heard and considered the motion of said defendant for a new trial of this cause and being thereof fully advised, doth order that said motion be overruled.
**David Y. Bridges etal vs John W. Helenberg, surviving portion &c**
The Court having duly heard and considered the motion of said plaintiff for a new trial of this cause and being thereof fully advised doth order that the same be overruled
**Joseph D. McCoy vs George W. Willard**
The Court having duly heard and considered the motion of said plaintiff for a new trial of this cause and being thereof fully advised of and concerning the same doth order that said motion be overruled.
**Robert T. Baldwin vs John S. Thomson**
The Court having duly heard and considered the motion of said defendant for a new trial of this cause and being thereof fully advised, doth order that the same be overruled
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**Viewer Page 481** (rcdbook1856_26_0480.jpg)
> Handwritten Page Number on Record Book: 474
**James Syme etal vs Steam Boat Indiana**
The Court having duly heard and considered the motion of said defendant for a new trial of this cause and being thereof fully advised doth order that said motion be overruled
**William T. Couperthwait vs William Thomas**
The Court having duly heard and considered the motion of said defendant for a new trial of this cause and being thereof fully advised doth order that said motion be overruled
**Joseph S. Hull vs James U. Lyon, Anna M. Moore, Julia U. Moore & others**
The Court having duly heard and considered the motion of said defendants for a new trial of this cause and being thereof fully advised doth order that the same be overruled
**Joseph S. Hull vs Charles C. Whittelsey and William C. Jamison administrator de bonis non of Robert U. Moore and Charles C. Whittelsey administrator of Alexander Moore**
And now again this nineteenth day of December A. D. Eighteen hundred and fifty seven, came the parties and the Court being sufficiently advised of and concerning the motion of the defendants for a new trial of the issue submitted to the jury herein, overrules said motion and refuses a new trial of said issue. And now both parties being ready, and neither party farther requiring a Jury, the case proceeds to a final hearing before the Court, and after hearing the allegations and proofs of the parties, and the Court being sufficiently advised of and concerning the same, and upon the facts found in their case, it is ordered adjudged and decreed that the said deed of trust, and all the right, claim or interest of the defendant therein or thereunder, or in the land and premises herein after mentioned and described (being part and parcel of the land and premises mentioned in said deed) be and the same are hereby foreclosed and upon the facts found aforesaid it is further ordered, adjudged and decreed that there is due to the plaintiff of principal and interest upon the note described in his petition made by Robert U. Moore the sum of Three Thousand and seventy seven Dollars and ninety three cents, for which last mentioned sum, and for all the costs of this proceeding the plaintiff is entitled to have payment and satisfaction out of the share, interest and estate of said Robert U. Moore in the land, and premises mention in said deed of trust and upon the facts found aforesaid it is further ordered a adjudged and decreed that in as much as the legal representatives of said Robert U. Moore by proceedings in partition since the institution of this such have partitioned off and set apart the said share or interest and estate which said Robert U. Moore had in the said lands and premises in said deed of trust mentioned which share so partitioned and set apart as aforesaid out of said trust of land, (excepting the portion which the plaintiff released from said deed before this suit was instituted) is included within the following boundaries and descriptions, to wit: "Lot No. One, containing seven 89/100 acres, bonded North by Bryan, East by Grand Avenue, South by Moore avenue and West by Bryan Avenue. Lot. Number Four, bounded North by Priests farm, East by lot Number Three South by Moore avenue and West by a forty foot road, containing one 32/100 acre. Lot number Five, containing Twenty two 83/100 acres, bounded North by heirs of Shreve, East by a forty feet street, South by Moore avenue and West by White avenue. Lot Number Six, containing nine 15/100 acres, being so much of survey 1591 as lies West of White Avenue, bounded North by heirs of Shreve East by White avenue, South by lot number Seven. Lot Number Two, bounded North by Priests farm, East by Bryan avenue South by Moore avenue, and West by lot Number Three, containing One 68/100 acres, a plat of
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> Handwritten Page Number on Record Book: 475
which lots is recorded in the Recorder Office of Saint Louis County. And finally it is ordered adjudged and decreed that the lands and premises last above described or so much thereof as may be necessary be sold by the Sheriff of St Louis County, in the manner prescribed by law for the sale of real estate under judgments and executions, and out of the proceeds of such sale the said Sheriff shall pay first all the cents and expenses of this proceeding and next he shall pay to the plaintiff the said sum found due to him as aforesaid of Three Thousand and seventy seven Dollars and ninety Three Cents and interest thereon from this date and that the overplus, if any, to be paid to the legal representatives of said Robert N. Moore and for the purpose of carrying this decree into effect a special execution is awarded herein. Finding of facts filed. Thereupon the said defendants file a motion for a review of this cause, and the Court having duly heard and considered the said motion and being thereof fully and sufficiently advised, doth order that said motion be overruled The defendants file a Bill of Exceptions; and the said defendants also file an affidavit for an appeal to the Supreme Court, and on their motion an appeal to the Supreme Court, from the Judgment in this cause rendered in granted them.
**John T. Schenck vs Timothy Ives**
The Court having duly heard and considered the motion of said plaintiff for a new trial of this cause and being thereof fully advised, doth order that said motion be sustained.
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> Handwritten Page Number on Record Book: 476
The Court met pursuant to adjournment Present as before.
**John G. Luce vs Lorenzo P. Sanger etal**
The Court having duly heard and considered the motion of said defendant for a new trial of this cause and being thereof fully advised doth order that said motion be overruled
**The Saint Louis and Iron Mountain Rail Road Company vs Bejamin Deslisle**
Bill of Exceptions filed.
**Joseph S. Hull vs James M. Lyon etal**
Agreement of counsel filed.
**John Brent by his guardian &c vs Alexander J. P. Gareschi admr &c**
Supplemental petition and answer filed.
**Robert Brent by his guardian &c vs Alexander J. P. Garesche admr &c**
Supplemental petition and answer filed.
**Timothy L Papin etal vs Alexander J. P. Garesche admr &c**
Supplemental petition and answer filed.
**Jane Brent by her next friend &c vs Alex J. P. Garesche admr &c**
Supplemental petition filed.
**James H. Lucas etal vs The Central Blank Road Company**
The Court having duly heard and considered the motion of said defendant to set aside the judgment in this case, and also the motion of said defendant to set aside the order allowing the Sheriff to amend his return in this case, doth order that said motion be overruled
**Squire Hall Jr vs William H. Denar**
On motion of said plaintiff by his attorney it is ordered by the Court that a commission issue to the State of Tennsy Ivanin, to take depositions of witnesses, on the part of plaintiff.
**Melvin S. Gray vs Geoge W. Lynch, Emma M. Lynch and Henry C. Lynch**
Confession of Judgment. Now at this day came the said plaintiff and filed his petition against said defendant, and thereupon George W. Brown, appeared in open Court, in behalf of the said defendants and by virtue of a warrant of attorney for that purpose executed by the said defendants, and now produced in Open Court and duly proved, waived the issuing and service of process, and acknowledged that the said defendants are indebted in manner and form as the said plaintiff, has in his said petition mentioned, and confessed that the said plaintiff has sustained damages by reason thereof in the sum
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> Handwritten Page Number on Record Book: 477
of Two hundred and sixty two Dollars and fifty cents. Therefore, it is considered by the Court that said plaintiff recover of said defendants the sum aforesaid inform aforesaid as confessed, and it is ordered that said judgment is to draw no interest till the fifth day of February Eighteen hundred and fifty eight, and that no execution issue till the said fifth day of February eighteen hundred and fifty eight but from and after said fifth day of February, as aforesaid said judgment is to bear ten per cent interest per annum and execution may issue for the said debt, interest and costs.
**Melvin L Gray vs George W. Lynch Emma M. Lynch and Henry C. Lynch**
Confession Judgment. Now at this day come said plaintiff and filed his petition against said defendants, and therefore George W. Brown appeared in open Court, in behalf of said defendants, and by virtue of a warrant of attorney for that purpose executed by the said defendants, and now produced in Open Court, and duly proved waived the issuing of process and acknowledged that the said defendants are indebted in manner and form as the said plaintiff, has alleged, and confessed that said plaintiff, has sustained damages by reason thereof in the sum of Two hundred and sixty two Dollars and fifty cents. Therefore, it is considered by the Court that said plaintiff recover of said defendants the sum aforesaid inform aforesaid as confessed, and it is ordered that said Judgment bear no interest till from and after the fifth day of June Eighteen hundred and fifty-eight, and that no execution shall issue on said Judgment till the said fifth day of June. Eighteen hundred and fifty-eight, after which date said Judgment shall bear ten percent interest per annum and execution may issue thereon for the same.
**Thomas C. Reynolds vs William A. Linn**
Bill of Exceptions filed.
**Robert T. Baldwin etal vs John S. Thomson**
Appeal to Supreme Court. Now at this day comes the defendant by his attorney, and on his motion an appeal to the Supreme Court is granted him, from the Judgment herein rendered Thereupon he files a bond, conditioned, according to law, which is approved by the Court.
**Joseph D. McCoy vs George W. Willard**
By consent of parties leane is given said plaintiff to file a Bill of Exceptions herein on or before the first day of the next term agreement filed.
**William C. Woodson vs Charles S. Rannells**
The Court having duly heard and considered the motion of said plaintiff to set aside the order of reference in this cause and to reinstate said cause upon the docket of this Court, and being thereof fully advised, doth order that said motion be sustained.
**John P. Moore etal vs Thomas J. Albright etal**
Bill of exceptions, filed.
**James Syme etal vs Steam Boat Indiana**
Appeal to the Supreme Court. Now at this day comes the defendant by her attorney and on his motion an appeal to the Supreme Court is granted said defendant from the Judgment herein rendered. Thereupon the said defendant files a bond, which is approved by the Court.
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> Handwritten Page Number on Record Book: 478
**Thomas Hungerford vs Madison Miller et al garnishees &c**
On motion of John T. Capelle by his attorney, and the plaintiff having failed to file any allegations and interrogatories herein, it is ordered by the Court that the said garnishee be discharged at the costs, of the plaintiff and that execution issue therefor.
**Louis A. Benvist and Daniel D. Page vs Lydia M. Rector and others**
Now at this day come the plaintiffs by their attorney and suggest to the court the death of the said defendant Lydia M. Rector, and the same is not denied. On motion of said plaintiffs by their attorney it is ordered that a unit of seire facias, issue herein, against Thomas Rector, the heir and legal representative of the said Lydia M. Rector, deceased, returnable to the next term of the court.
On motion of Melvin Gray Esq., G. W. Brown is enrolled as a member of this court.
**Franklin Field vs Charles W. Barr**
The Court having duly heard and considered the motion of said defendant to dissolve the injunction herein, and being thereof fully advised thereof doth order that said motion to be sustained, and that the petition be dismissed at the costs of the said plaintiff and that execution issue therefor.
**John Henfrew, Alexander Cruzier and Augustus D. Pomeroy vs The Steam Boat Kate French**
Now at this day come the parties by their respective attorneys and neither party requiring a Jury this cause is submitted to the court upon the pleadings and proofs and the court having duly heard and considered the same, doth find the issue joined in favor of said defendant. It is, therefore, considered by the court that said defendant recover of said plaintiff her costs and charges herein expended and have execution therefor. Bill of Exceptions filed.
**Breston Gordon, James M. Breckenridge administrators of the estate of James Orr, deceased. vs George W. Sesllay**
Now at this day comes the said defendant and files a written statement, duly verified by affidavit, whereby he confesses himself indebted to said plaintiff in the sum of five thousand nine hundred and thirty Dollars, and consents that judgment may be rendered against him for that sum and in favor of said plaintiffs. It is, therefore, considered 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 have execution therefor.
**Joshua Fine, Mary A. Hunter, Genevieve U. Hunter, Abbey Fine, Alice Fine by their guardian Mary A. Hunter vs Andrew Widinger, Alexander Geyer, Burris Lewis, Henry Bray, Peter Hovis, Euphamie Reilly Patrick Quinn, Hiram Sloper, John P. Beek, Samuel A. Todds, William Bedford A. Stockey, Samuel Whory, William O. Barker, Washington Gittle, William Reily, Augustus Jarands, Robert Simpson, John Rice, James Hennenger, E. J. Ayres, Pascal Jerick, Henry Frankman, Jeremisek Betts, Charles Morris, Absolom Woodward, W. S. Fitzpatrick, Marshall Brotherson, Caroline Inengling, Valentine Wagleison, Charles E. Loring and James Selcle.**
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
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> Handwritten Page Number on Record Book: 479
on motion of said plaintiffs by their attorney, it is ordered by the court that their petition be taken against said defendants as confessed; and the plaintiffs waiving a jury, this cause is submitted to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find the issue-joined in favor of said plaintiffs and that said defendants are guilty of the trespass and ejectment as alledged in the petition as to three twenty eighths part of the premises described therein as follows to wet: "one of the tracts of land them and now known as the Common fields of St Louis, that said tract of land contained forty arpens and was one arpen in front by forty arpens in depth, and was bounded on the worth by a track of land once of one Joseph Taillon or Tayon and is designated as United States survey Number Fourteen hundred and eighty three, on the south by a track of land once of John B. Sanpy and now designated as United States survey number eighteen hundred and forty two, on the East by the said Eastern line of said common fields and the big mound, on the West by the Western line of said Common fields, and through which track a street now runs and is projected called West Mound Street," and doth assess the damages of said plaintiffs sustained by reason of the trespass and ejectment in their petition mentioned at the sum of one hundred dollars, and doth find the monthly value of said premises above described to be the sum of eight dollars, per month. It is therefore, considered by the Court that the said plaintiffs recover of said defendants the possession of three twenty eighth of the premises above described, together with the damages and monthly valve aforesaid as assessed us aforesaid, and their costs and charges herein expended and have thereof execution. The Court having duly heard and considered the motion of said defendants for a new trial of this cause and in arrest of Judgment, and being thereof fully and sufficiently advised, doth order that said motions be overruled. Thereupon defendants file a Bill of Exceptions herein and thereupon, on motion of said defendants an appeal to the Supreme court, from the judgment in this cause rendered, is granted then. By consent of parties, an appeal bond and security therein, is waived.
**In the matter of Bryan Mullanphy**
Now at this day come the said parties by their respective attorneys, and neither party requiring a Jury this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth order and adjudge that the said twelve-thousand dollars of the balance remaining in the hands of the executors of said Bryan Mullanphy be distributed, and the said executors ordered to pay the same in manner following, that is to say, to the City of Saint Louis, in the State of Missouri, as trustee created by the well of deceased, Four thousand Dollars and to Jane Chambers, wife of Charles Chambers, Catharine Graham Mary wife of William S. Harney, Octavia wife of Henry Boyce, sisters of deceased each sixteen hundred dollars to James B. Clamens, Richard G. Clemeus, Bryan M. Clemens, Catherine J. Clemens, Helen J. Clemens, Alice B. Clemens and Jeremiah W. Clemens, children of Eliza Clemens, deceased, who was a sister of deceased each two hundred and twenty eight dollars and fifty seven cents. The said parties other than the City of St Louis, file a motion for a new trial, and the Court having duly heard and considered the same, doth order that the same be overruled, to which overruling the defendants except and file a bill of exceptions. On motion of the said parties heretofore named, an appeal to the Supreme Court, from the Judgment in this cause rendered, is granted them. Affidavit and bond for appeal waived by the City of Saint Louis.
**Martin D. Hickman etal vs John C. Bull, executor of Wathaniel J. Woods**
Now at this day come the said parties by their respective attorneys, and neither party requiring a jury, this cause is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth order that the petition of said plaintiffs be dismissed, and that they take nothing by their suit in this behalf, but that the said defendant go hence without day and recover of said plaintiffs his costs and charges herein expended and have there of execution.
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> Handwritten Page Number on Record Book: 480
**Gotlieh Freuntrup vs Charles Skrinkle**
The said defendant by his attorney comes and files a motion to set aside the Judgment herein and as affidavit in support thereof, and the Court having duly heard and considered the same, doth order that said motion be overruled
**George W. Cline and Wm C. Jamison vs Samuel S. Brainard**
Now at this day comes the defendant Samuel Brainard and files an affidavit for an appeal herein, the Court having heard the same doth order that an appeal be granted him from the decision herein rendered, Thereupon he files a bond, conditioned according to law, which is approved by the Court.
**Hatfild Halstead vs William D. Barnard, Rudolph Adams and Charles H. Peck garnishees of Ezra Easterly.**
Garnishment on Execution. Now at this day comes as well said plaintiff as said garnishees by their respective attorneys, and it appearing to the Court from the answer of said garnishees, that at the time they were summoned herein as such they had in their possession belonging to said defendant the sum of Three hundred and three dollars and sixty five cents. It is, therefore, considered by the Court that said plaintiff recover of said garnishees the sum aforesaid in form aforesaid as confessed, and that out of said sum he pay the costs as well of the original proceedings as of this and that execution issue therefor. The sum of Ten Dollars is allowed to said garnishees for answering herein.
**Bernard McAmulty vs Andrew McMechan and James Ballentine, garnishees of Maxwell and McMullen**
Garnishment on Execution. Now at this day comes as well said plaintiff as said garnishees by their attorneys, and it appearing to the Court from the answer of said garnishees, that at the time they were summoned herein as such they had in their possession belonging to said defendants the sum of Three hundred and six dollars and thirty seven cents. It is, therefore, considered by the Court that said plaintiff recover of said defendants the sum aforesaid in form aforesaid as confessed, and that out of said sum he pay the costs as well of this as of the original proceedings and that execution issue therefor.
**James F. Richardson etal vs Thomas Wall et al**
The Court having duly heard and considered the motion of said defendants to set aside the rule absolute made in this cause, and being thereof fully advised, doth order the same be overruled
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> Handwritten Page Number on Record Book: 481
The Court met pursuant to adjournment. Present as before.
**In the matter of Francis J. Blair administrator of George Bent**
Appeal from Probate Court. Now at this day come the said parties by their respective attorneys, and neither party requiring a Jury, this cause is submitted to the Court, and the Court having duly heard and considered the same, doth order, adjudge and decree that on the decease of William Bent under the laws of this state his mother Maria Cruz Padilla inherited his entire estate and property, and the Court further adjudges and decrees that said Ceran St Train, as assignee of said Maria Cruz Padilla is entitled to the one half of the balance of the estate of George Bent in the hands of the administrator, subject to distribution, and that said Robert Bent and Mareellina Gallegos are neither of them entitled to any part thereof and the Court having duly heard & considered the motion for a new trial of this cause, doth order that said motion be overruled.
**In the matter of James Castelle**
Substitution of Trustee. Now at this day comes James Castelle, and files an affidavit stating that John H. Watson, trustee in a certain deed of trust executed by Joseph L Japin on the thirteenth day of October Eighteen hundred and fifty six, which said deed is recorded in the Recorder's Office of the County of St Louis in Book one hundred and eighty page one hundred and twenty one of the records of said County hath departed this life, without having completed the performance of the duties imposed upon him and the Court being satisfied that such statement is true. It doth therefore, order that James Castelle, esquire, Sheriff of the County of Saint Louis be and he is hereby appointed trustee in place of said John H Matson, deceased, with the like trusts and powers according to the Statute in such case made and provided
**Thomas J. Kyser vs John O. Fallon Jr**
Agreement to extend the time for filing bill of exceptions filed.
**Thomas J. Kyser vs John O. Fallon Jr**
Affidavit for an appeal filed, and agreement to extend time for filing bill of exceptions.
**Mark Jennison vs G. G. Jogger etal**
Second bill of exceptions, filed
**Martin D. Hickman vs John C. Bull, Exr &c**
The Court having duly heard and considered the motion of said plaintiff for a new trial of this cause and being thereof fully advised doth order that said motion be overruled Thereupon said plaintiff files as affidavit for an appeal to the Supreme Court, and on his motion an appeal is granted him from the Judgment rendered in this cause, and he files a bond, conditioned according to law, which is approved by the Court.
**Feuton & Bro vs Christian Schueffler etal**
On motion of said plaintiffs by their attorney, it is ordered that an alias writ of summons issue to Cooper County against Frank Fox, returnable to the next term of the Court.
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> Handwritten Page Number on Record Book: 482
**Mary Cresta vs Emanuel Cresta**
Order of Publication. The plaintiff having filed an affidavit with her petition stating that the defendant is a nonresident of the State of Missouri, and the Court being satisfied that the ordinary process of law cannot be served upon him, it is, therefore, on motion of said plaintiff by her attorney ordered that the said defendant be notified of the commencement of this suit, the object of which is to obtain a judgment of divorce against said defendant on account of desertion and cruel and barbarous treatment, and that unless he be and appear at the next term of this Court to be begun and held at the City of St Louis, on the Fourth Monday in February next and on or before the sixth day thereof answer the petition of said plaintiff, the same will be taken against him as confessed it is further ordered that a copy hereof be published according to law in the Saint Louis Mussouri Democrat.
**John G. Luce vs Lorenz P. Sanger etal**
Now at this day come the defendants and file an affidavit for an appeal, and on motion of said defendants by their attorney, an appeal to the Supreme Court, from the Judgment in this cause rendered is granted them. Thereupon they file a bond conditioned according to law, which is approved by the Court.
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> Handwritten Page Number on Record Book: 551
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> Handwritten Page Number on Record Book: 552
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> Handwritten Page Number on Record Book: 553
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> Handwritten Page Number on Record Book: 554
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> Handwritten Page Number on Record Book: 555
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> Handwritten Page Number on Record Book: 556
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> Handwritten Page Number on Record Book: 557
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> Handwritten Page Number on Record Book: 558
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> Handwritten Page Number on Record Book: 559
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> Handwritten Page Number on Record Book: 560
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**Viewer Page 568** (rcdbook1856_26_0567.jpg)
> Handwritten Page Number on Record Book: 561
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> Handwritten Page Number on Record Book: 562
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> Handwritten Page Number on Record Book: 563
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> Handwritten Page Number on Record Book: 564
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> Handwritten Page Number on Record Book: 565
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> Handwritten Page Number on Record Book: 566
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> Handwritten Page Number on Record Book: 567
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> Handwritten Page Number on Record Book: 568
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> Handwritten Page Number on Record Book: 569
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> Handwritten Page Number on Record Book: 570
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> Handwritten Page Number on Record Book: 571
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> Handwritten Page Number on Record Book: 572
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**Viewer Page 580** (rcdbook1856_26_0579.jpg)
> Handwritten Page Number on Record Book: 573
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**Viewer Page 581** (rcdbook1856_26_0580.jpg)
> Handwritten Page Number on Record Book: 574
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**Viewer Page 582** (rcdbook1856_26_0581.jpg)
> Handwritten Page Number on Record Book: 575
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**Viewer Page 583** (rcdbook1856_26_0582.jpg)
> Handwritten Page Number on Record Book: 576
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**Viewer Page 584** (rcdbook1856_26_0583.jpg)
> Handwritten Page Number on Record Book: 577
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**Viewer Page 585** (rcdbook1856_26_0584.jpg)
> Handwritten Page Number on Record Book: 578
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**Viewer Page 586** (rcdbook1856_26_0585.jpg)
> Handwritten Page Number on Record Book: 579
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**Viewer Page 587** (rcdbook1856_26_0586.jpg)
> Handwritten Page Number on Record Book: 580
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**Viewer Page 588** (rcdbook1856_26_0587.jpg)
> Handwritten Page Number on Record Book: 581
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**Viewer Page 589** (rcdbook1856_26_0588.jpg)
> Handwritten Page Number on Record Book: 582
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**Viewer Page 590** (rcdbook1856_26_0589.jpg)
> Handwritten Page Number on Record Book: 583
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**Viewer Page 591** (rcdbook1856_26_0590.jpg)
> Handwritten Page Number on Record Book: 584
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**Viewer Page 592** (rcdbook1856_26_0591.jpg)
> Handwritten Page Number on Record Book: 585
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**Viewer Page 593** (rcdbook1856_26_0592.jpg)
> Handwritten Page Number on Record Book: 586
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**Viewer Page 594** (rcdbook1856_26_0593.jpg)
> Handwritten Page Number on Record Book: 587
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> Handwritten Page Number on Record Book: 588
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**Viewer Page 596** (rcdbook1856_26_0595.jpg)
> Handwritten Page Number on Record Book: 589
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**Viewer Page 597** (rcdbook1856_26_0596.jpg)
> Handwritten Page Number on Record Book: 590
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**Viewer Page 598** (rcdbook1856_26_0597.jpg)
> Handwritten Page Number on Record Book: 591
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**Viewer Page 599** (rcdbook1856_26_0598.jpg)
> Handwritten Page Number on Record Book: 592
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**Viewer Page 600** (rcdbook1856_26_0599.jpg)
> Handwritten Page Number on Record Book: 593
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> Handwritten Page Number on Record Book: 594
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**Viewer Page 602** (rcdbook1856_26_0601.jpg)
> Handwritten Page Number on Record Book: 595
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**Viewer Page 603** (rcdbook1856_26_0602.jpg)
> Handwritten Page Number on Record Book: 596
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**Viewer Page 604** (rcdbook1856_26_0603.jpg)
> Handwritten Page Number on Record Book: 597
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**Viewer Page 605** (rcdbook1856_26_0604.jpg)
> Handwritten Page Number on Record Book: 598
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**Viewer Page 606** (rcdbook1856_26_0605.jpg)
> Handwritten Page Number on Record Book: 599
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**Viewer Page 607** (rcdbook1856_26_0606.jpg)
> Handwritten Page Number on Record Book: 600
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**Viewer Page 608** (rcdbook1856_26_0607.jpg)
> Handwritten Page Number on Record Book: 601
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**Viewer Page 609** (rcdbook1856_26_0608.jpg)
> Handwritten Page Number on Record Book: 602
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**Viewer Page 610** (rcdbook1856_26_0609.jpg)
> Handwritten Page Number on Record Book: 603
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**Viewer Page 611** (rcdbook1856_26_0610.jpg)
> Handwritten Page Number on Record Book: 604
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**Viewer Page 612** (rcdbook1856_26_0611.jpg)
> Handwritten Page Number on Record Book: 605
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**Viewer Page 613** (rcdbook1856_26_0612.jpg)
> Handwritten Page Number on Record Book: 606
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**Viewer Page 614** (rcdbook1856_26_0613.jpg)
> Handwritten Page Number on Record Book: 607
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**Viewer Page 615** (rcdbook1856_26_0614.jpg)
> Handwritten Page Number on Record Book: 608
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**Viewer Page 616** (rcdbook1856_26_0615.jpg)
> Handwritten Page Number on Record Book: 609
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**Viewer Page 617** (rcdbook1856_26_0616.jpg)
> Handwritten Page Number on Record Book: 610
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**Viewer Page 618** (rcdbook1856_26_0617.jpg)
> Handwritten Page Number on Record Book: 611
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**Viewer Page 619** (rcdbook1856_26_0618.jpg)
> Handwritten Page Number on Record Book: 612
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**Viewer Page 620** (rcdbook1856_26_0619.jpg)
> Handwritten Page Number on Record Book: 613
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**Viewer Page 621** (rcdbook1856_26_0620.jpg)
> Handwritten Page Number on Record Book: 614
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**Viewer Page 622** (rcdbook1856_26_0621.jpg)
> Handwritten Page Number on Record Book: 615
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**Viewer Page 623** (rcdbook1856_26_0622.jpg)
> Handwritten Page Number on Record Book: 616
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**Viewer Page 624** (rcdbook1856_26_0623.jpg)
> Handwritten Page Number on Record Book: 617
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**Viewer Page 625** (rcdbook1856_26_0624.jpg)
> Handwritten Page Number on Record Book: 618
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**Viewer Page 626** (rcdbook1856_26_0625.jpg)
> Handwritten Page Number on Record Book: 619
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**Viewer Page 627** (rcdbook1856_26_0626.jpg)
> Handwritten Page Number on Record Book: 620
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**Viewer Page 628** (rcdbook1856_26_0627.jpg)
> Handwritten Page Number on Record Book: 621
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**Viewer Page 629** (rcdbook1856_26_0628.jpg)
> Handwritten Page Number on Record Book: 622
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**Viewer Page 630** (rcdbook1856_26_0629.jpg)
> Handwritten Page Number on Record Book: 623
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**Viewer Page 631** (rcdbook1856_26_0630.jpg)
> Handwritten Page Number on Record Book: 624
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**Viewer Page 632** (rcdbook1856_26_0631.jpg)
> Handwritten Page Number on Record Book: 625
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**Viewer Page 633** (rcdbook1856_26_0632.jpg)
> Handwritten Page Number on Record Book: 626
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**Viewer Page 634** (rcdbook1856_26_0633.jpg)
> Handwritten Page Number on Record Book: 627
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**Viewer Page 635** (rcdbook1856_26_0634.jpg)
> Handwritten Page Number on Record Book: 628
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**Viewer Page 636** (rcdbook1856_26_0635.jpg)
> Handwritten Page Number on Record Book: 629
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**Viewer Page 637** (rcdbook1856_26_0636.jpg)
> Handwritten Page Number on Record Book: 630
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**Viewer Page 638** (rcdbook1856_26_0637.jpg)
> Handwritten Page Number on Record Book: 631
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**Viewer Page 639** (rcdbook1856_26_0638.jpg)
> Handwritten Page Number on Record Book: 632
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**Viewer Page 640** (rcdbook1856_26_0639.jpg)
> Handwritten Page Number on Record Book: 633
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**Viewer Page 641** (rcdbook1856_26_0640.jpg)
> Handwritten Page Number on Record Book: 634
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**Viewer Page 642** (rcdbook1856_26_0641.jpg)
> Handwritten Page Number on Record Book: 635
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**Viewer Page 643** (rcdbook1856_26_0642.jpg)
> Handwritten Page Number on Record Book: 636
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**Viewer Page 644** (rcdbook1856_26_0643.jpg)
> Handwritten Page Number on Record Book: 637
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**Viewer Page 645** (rcdbook1856_26_0644.jpg)
> Handwritten Page Number on Record Book: 638
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**Viewer Page 646** (rcdbook1856_26_0645.jpg)
> Handwritten Page Number on Record Book: 639
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**Viewer Page 647** (rcdbook1856_26_0646.jpg)
> Handwritten Page Number on Record Book: 640
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**Viewer Page 648** (rcdbook1856_26_0647.jpg)
> Handwritten Page Number on Record Book: 641
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**Viewer Page 649** (rcdbook1856_26_0648.jpg)
> Handwritten Page Number on Record Book: 642
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**Viewer Page 650** (rcdbook1856_26_0649.jpg)
> Handwritten Page Number on Record Book: 643
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**Viewer Page 651** (rcdbook1856_26_0650.jpg)
> Handwritten Page Number on Record Book: 644
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**Viewer Page 652** (rcdbook1856_26_0651.jpg)
> Handwritten Page Number on Record Book: 645
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**Viewer Page 653** (rcdbook1856_26_0652.jpg)
> Handwritten Page Number on Record Book: 646
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**Viewer Page 654** (rcdbook1856_26_0653.jpg)
> Handwritten Page Number on Record Book: 647
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**Viewer Page 655** (rcdbook1856_26_0654.jpg)
> Handwritten Page Number on Record Book: 648
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**Viewer Page 656** (rcdbook1856_26_0655.jpg)
> Handwritten Page Number on Record Book: 649
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**Viewer Page 657** (rcdbook1856_26_0656.jpg)
> Handwritten Page Number on Record Book: 650
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**Viewer Page 658** (rcdbook1856_26_0657.jpg)
> Handwritten Page Number on Record Book: 651
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**Viewer Page 659** (rcdbook1856_26_0658.jpg)
> Handwritten Page Number on Record Book: 652
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**Viewer Page 660** (rcdbook1856_26_0659.jpg)
> Handwritten Page Number on Record Book: 653
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**Viewer Page 661** (rcdbook1856_26_0660.jpg)
> Handwritten Page Number on Record Book: 654
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**Viewer Page 662** (rcdbook1856_26_0661.jpg)
> Handwritten Page Number on Record Book: 655
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**Viewer Page 663** (rcdbook1856_26_0662.jpg)
> Handwritten Page Number on Record Book: 656
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**Viewer Page 664** (rcdbook1856_26_0663.jpg)
> Handwritten Page Number on Record Book: 657
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**Viewer Page 665** (rcdbook1856_26_0664.jpg)
> Handwritten Page Number on Record Book: 658
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**Viewer Page 666** (rcdbook1856_26_0665.jpg)
> Handwritten Page Number on Record Book: 659
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**Viewer Page 667** (rcdbook1856_26_0666.jpg)
> Handwritten Page Number on Record Book: 660
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**Viewer Page 668** (rcdbook1856_26_0667.jpg)
> Handwritten Page Number on Record Book: 661
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**Viewer Page 669** (rcdbook1856_26_0668.jpg)
> Handwritten Page Number on Record Book: 662
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**Viewer Page 670** (rcdbook1856_26_0669.jpg)
> Handwritten Page Number on Record Book: 663
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**Viewer Page 671** (rcdbook1856_26_0670.jpg)
> Handwritten Page Number on Record Book: 664
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**Viewer Page 672** (rcdbook1856_26_0671.jpg)
> Handwritten Page Number on Record Book: 665
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**Viewer Page 673** (rcdbook1856_26_0672.jpg)
> Handwritten Page Number on Record Book: 666
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**Viewer Page 674** (rcdbook1856_26_0673.jpg)
> Handwritten Page Number on Record Book: 667
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**Viewer Page 675** (rcdbook1856_26_0674.jpg)
> Handwritten Page Number on Record Book: 668
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**Viewer Page 676** (rcdbook1856_26_0675.jpg)
> Handwritten Page Number on Record Book: 669
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**Viewer Page 677** (rcdbook1856_26_0676.jpg)
> Handwritten Page Number on Record Book: 670
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**Viewer Page 678** (rcdbook1856_26_0677.jpg)
> Handwritten Page Number on Record Book: 671
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**Viewer Page 679** (rcdbook1856_26_0678.jpg)
> Handwritten Page Number on Record Book: 672
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**Viewer Page 680** (rcdbook1856_26_0679.jpg)
> Handwritten Page Number on Record Book: 673
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**Viewer Page 681** (rcdbook1856_26_0680.jpg)
> Handwritten Page Number on Record Book: 674
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**Viewer Page 682** (rcdbook1856_26_0681.jpg)
> Handwritten Page Number on Record Book: 675
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**Viewer Page 683** (rcdbook1856_26_0682.jpg)
> Handwritten Page Number on Record Book: 676
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**Viewer Page 684** (rcdbook1856_26_0683.jpg)
> Handwritten Page Number on Record Book: 677
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**Viewer Page 685** (rcdbook1856_26_0684.jpg)
> Handwritten Page Number on Record Book: 678
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**Viewer Page 686** (rcdbook1856_26_0685.jpg)
> Handwritten Page Number on Record Book: 679
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**Viewer Page 687** (rcdbook1856_26_0686.jpg)
> Handwritten Page Number on Record Book: 680
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**Viewer Page 688** (rcdbook1856_26_0687.jpg)
> Handwritten Page Number on Record Book: 681
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**Viewer Page 689** (rcdbook1856_26_0688.jpg)
> Handwritten Page Number on Record Book: 682
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**Viewer Page 690** (rcdbook1856_26_0689.jpg)
> Handwritten Page Number on Record Book: 683
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**Viewer Page 691** (rcdbook1856_26_0690.jpg)
> Handwritten Page Number on Record Book: 684
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**Viewer Page 692** (rcdbook1856_26_0691.jpg)
> Handwritten Page Number on Record Book: 685
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**Viewer Page 693** (rcdbook1856_26_0692.jpg)
> Handwritten Page Number on Record Book: 686
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**Viewer Page 694** (rcdbook1856_26_0693.jpg)
> Handwritten Page Number on Record Book: 687
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**Viewer Page 695** (rcdbook1856_26_0694.jpg)
> Handwritten Page Number on Record Book: 688
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**Viewer Page 696** (rcdbook1856_26_0695.jpg)
> Handwritten Page Number on Record Book: 689
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**Viewer Page 697** (rcdbook1856_26_0696.jpg)
> Handwritten Page Number on Record Book: 690
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**Viewer Page 698** (rcdbook1856_26_0697.jpg)
> Handwritten Page Number on Record Book: 691
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**Viewer Page 699** (rcdbook1856_26_0698.jpg)
> Handwritten Page Number on Record Book: 692
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**Viewer Page 700** (rcdbook1856_26_0699.jpg)
> Handwritten Page Number on Record Book: 693
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**Viewer Page 701** (rcdbook1856_26_0700.jpg)
> Handwritten Page Number on Record Book: 694
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**Viewer Page 702** (rcdbook1856_26_0701.jpg)
> Handwritten Page Number on Record Book: 695
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**Viewer Page 703** (rcdbook1856_26_0702.jpg)
> Handwritten Page Number on Record Book: 696
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**Viewer Page 704** (rcdbook1856_26_0703.jpg)
> Handwritten Page Number on Record Book: 697
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**Viewer Page 705** (rcdbook1856_26_0704.jpg)
> Handwritten Page Number on Record Book: 698
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**Viewer Page 706** (rcdbook1856_26_0705.jpg)
> Handwritten Page Number on Record Book: 699
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**Viewer Page 707** (rcdbook1856_26_0706.jpg)
> Handwritten Page Number on Record Book: 700
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**Viewer Page 708** (rcdbook1856_26_0707.jpg)
> Handwritten Page Number on Record Book: 701
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**Viewer Page 709** (rcdbook1856_26_0708.jpg)
> Handwritten Page Number on Record Book: 702
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**Viewer Page 710** (rcdbook1856_26_0709.jpg)
> Handwritten Page Number on Record Book: 703
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**Viewer Page 711** (rcdbook1856_26_0710.jpg)
> Handwritten Page Number on Record Book: 704
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**Viewer Page 712** (rcdbook1856_26_0711.jpg)
> Handwritten Page Number on Record Book: 705
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**Viewer Page 713** (rcdbook1856_26_0712.jpg)
> Handwritten Page Number on Record Book: 706
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**Viewer Page 714** (rcdbook1856_26_0713.jpg)
> Handwritten Page Number on Record Book: 707
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**Viewer Page 715** (rcdbook1856_26_0714.jpg)
> Handwritten Page Number on Record Book: 708
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**Viewer Page 716** (rcdbook1856_26_0715.jpg)
> Handwritten Page Number on Record Book: 709
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**Viewer Page 717** (rcdbook1856_26_0716.jpg)
> Handwritten Page Number on Record Book: 710
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**Viewer Page 718** (rcdbook1856_26_0717.jpg)
> Handwritten Page Number on Record Book: 711
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**Viewer Page 719** (rcdbook1856_26_0718.jpg)
> Handwritten Page Number on Record Book: 712
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**Viewer Page 720** (rcdbook1856_26_0719.jpg)
> Handwritten Page Number on Record Book: 713
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**Viewer Page 721** (rcdbook1856_26_0720.jpg)
> Handwritten Page Number on Record Book: 714
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**Viewer Page 722** (rcdbook1856_26_0721.jpg)
> Handwritten Page Number on Record Book: 715
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**Viewer Page 723** (rcdbook1856_26_0722.jpg)
> Handwritten Page Number on Record Book: 716
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**Viewer Page 724** (rcdbook1856_26_0723.jpg)
> Handwritten Page Number on Record Book: 717
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**Viewer Page 725** (rcdbook1856_26_0724.jpg)
> Handwritten Page Number on Record Book: 718
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**Viewer Page 726** (rcdbook1856_26_0725.jpg)
> Handwritten Page Number on Record Book: 719
---
**Viewer Page 727** (rcdbook1856_26_0726.jpg)
> Handwritten Page Number on Record Book: 720
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**Viewer Page 728** (rcdbook1856_26_0727.jpg)
> Handwritten Page Number on Record Book: 721
---
**Viewer Page 729** (rcdbook1856_26_0728.jpg)
> Handwritten Page Number on Record Book: 722
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**Viewer Page 730** (rcdbook1856_26_0729.jpg)
> Handwritten Page Number on Record Book: 723
---
**Viewer Page 731** (rcdbook1856_26_0730.jpg)
> Handwritten Page Number on Record Book: 724
---
**Viewer Page 732** (rcdbook1856_26_0731.jpg)
> Handwritten Page Number on Record Book: 725
---
**Viewer Page 733** (rcdbook1856_26_0732.jpg)
> Handwritten Page Number on Record Book: 726
---
**Viewer Page 734** (rcdbook1856_26_0733.jpg)
> Handwritten Page Number on Record Book: 727
---
**Viewer Page 735** (rcdbook1856_26_0734.jpg)
> Handwritten Page Number on Record Book: 728
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**Viewer Page 736** (rcdbook1856_26_0735.jpg)
> Handwritten Page Number on Record Book: 729
---
**Viewer Page 737** (rcdbook1856_26_0736.jpg)
> Handwritten Page Number on Record Book: 730
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**Viewer Page 738** (rcdbook1856_26_0737.jpg)
> Handwritten Page Number on Record Book: 731
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**Viewer Page 739** (rcdbook1856_26_0738.jpg)
> Handwritten Page Number on Record Book: 732
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**Viewer Page 740** (rcdbook1856_26_0739.jpg)
> Handwritten Page Number on Record Book: 733
---
**Viewer Page 741** (rcdbook1856_26_0740.jpg)
> Handwritten Page Number on Record Book: 734
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**Viewer Page 742** (rcdbook1856_26_0741.jpg)
> Handwritten Page Number on Record Book: 735
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**Viewer Page 743** (rcdbook1856_26_0742.jpg)
> Handwritten Page Number on Record Book: 736
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**Viewer Page 744** (rcdbook1856_26_0743.jpg)
> Handwritten Page Number on Record Book: 737
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**Viewer Page 745** (rcdbook1856_26_0744.jpg)
> Handwritten Page Number on Record Book: 738
---
**Viewer Page 746** (rcdbook1856_26_0745.jpg)
> Handwritten Page Number on Record Book: 739
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**Viewer Page 747** (rcdbook1856_26_0746.jpg)
> Handwritten Page Number on Record Book: 740
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**Viewer Page 748** (rcdbook1856_26_0747.jpg)
> Handwritten Page Number on Record Book: 741
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**Viewer Page 749** (rcdbook1856_26_0748.jpg)
> Handwritten Page Number on Record Book: 742
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**Viewer Page 750** (rcdbook1856_26_0749.jpg)
> Handwritten Page Number on Record Book: 743
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**Viewer Page 751** (rcdbook1856_26_0750.jpg)
> Handwritten Page Number on Record Book: 744
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**Viewer Page 752** (rcdbook1856_26_0751.jpg)
> Handwritten Page Number on Record Book: 745
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**Viewer Page 753** (rcdbook1856_26_0752.jpg)
> Handwritten Page Number on Record Book: 746
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**Viewer Page 754** (rcdbook1856_26_0753.jpg)
> Handwritten Page Number on Record Book: 747
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**Viewer Page 755** (rcdbook1856_26_0754.jpg)
> Handwritten Page Number on Record Book: 748
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**Viewer Page 756** (rcdbook1856_26_0755.jpg)
> Handwritten Page Number on Record Book: 749
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**Viewer Page 757** (rcdbook1856_26_0756.jpg)
> Handwritten Page Number on Record Book: 750
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**Viewer Page 758** (rcdbook1856_26_0757.jpg)
> Handwritten Page Number on Record Book: 751
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**Viewer Page 759** (rcdbook1856_26_0758.jpg)
> Handwritten Page Number on Record Book: 752
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**Viewer Page 760** (rcdbook1856_26_0759.jpg)
> Handwritten Page Number on Record Book: 753
---
**Viewer Page 761** (rcdbook1856_26_0760.jpg)
> Handwritten Page Number on Record Book: 754
---
**Viewer Page 762** (rcdbook1856_26_0761.jpg)
> Handwritten Page Number on Record Book: 755
---
**Viewer Page 763** (rcdbook1856_26_0762.jpg)
> Handwritten Page Number on Record Book: 756
---
**Viewer Page 764** (rcdbook1856_26_0763.jpg)
> Handwritten Page Number on Record Book: 757
---
**Viewer Page 765** (rcdbook1856_26_0764.jpg)
> Handwritten Page Number on Record Book: 758
---
**Viewer Page 766** (rcdbook1856_26_0765.jpg)
> Handwritten Page Number on Record Book: 759
---
**Viewer Page 767** (rcdbook1856_26_0766.jpg)
> Handwritten Page Number on Record Book: 760
---
**Viewer Page 768** (rcdbook1856_26_0767.jpg)
> Handwritten Page Number on Record Book: 761
---
**Viewer Page 769** (rcdbook1856_26_0768.jpg)
> Handwritten Page Number on Record Book: 762
---
**Viewer Page 770** (rcdbook1856_26_0769.jpg)
> Handwritten Page Number on Record Book: 763
---
**Viewer Page 771** (rcdbook1856_26_0770.jpg)
> Handwritten Page Number on Record Book: 764
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> Handwritten Page Number on Record Book: 52
**William A. Clendenin Owner of Steamer Bunker Hill No 3. Plaintiff. vs. Levi Churchill, 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.
**Mary of Color, otherwised called Mary Davis, Plaintiff. vs. Samuel B. Bellis, Defendant.**
> Related to Case ID ccr1855.06902.016
Judgment. Now at this day come the parties aforesaid by their respective attorneys, and waiving a Jury submit this cause to the Court, and it being shown to the Court here, that said plaintiff has complied with the terms of the stipula- tion of the defendant on file herein. It is therefore, on motion of said plaintiff by her attorney, the defendant con- senting thereto, considered and adjudged by the Court that said plaintiff be liberated and entirely set free from the said defendant, and from all persons whatsoever, if any, claiming under him by title derived after the com- mencement of this suit, and that the said plaintiff pay the costs of this suit and that execution issue therefor.
**Henry Ashbrook Jr, Plaintiff. vs. O.H. Pratt, 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.
**Peter Sue, Plaintiff vs. The Pacific Rail Road, Defendant.**
Dismissal. The Plaintiff having filed to give security for costs herein, within the time he was ordered so to do, it is therefore, on motion of said defendant by its attorney, ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
The Court adjourned until nine o'clock tomorrow morning.
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St. Louis Circuit Court, “Circuit Court Record Book 26: 1856 to 1857”, 1856-1857, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/65815