Circuit Court Record Book 28: 1858 to 1859
Item
St. Louis Circuit Court, “Circuit Court Record Book 28: 1858 to 1859”, 1858-1859, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/65817
- Title
- Circuit Court Record Book 28: 1858 to 1859
- Creator
- St. Louis Circuit Court
- Date
- 1858-1859
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- Identifier
- rcd1858.0028.653
- PDF Download
- Download PDF of all images
- Transcription
-
# Record 28 1858 to 1859
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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 on the first Monday of October being the fourth day of said month, were present Hon James R Lackland, Judge of said Court, Stephen Rice, Clerk, and Michael S Cerre, Sheriff of St Louis County.
Michael S Cerre comes and files his official bond, as Sheriff of St Louis County, [conditioned ?] in the sum of fifty thousand dollars, with James H Lucas and Henry G Soulard, as securities, which is approved by the Court.
**George C Greene vs M Ira Todd garn**
Interrogatories filed.
**Jacob Eimer et al vs M Nolinetal**
Interrogatories filed.
**William Patrick et al vs M The St Louis Mutual Fire & Marine Ins Co garns**
Interrogatories filed
**William Patrick et al vs M Home Mutual Fire and Marine Ins Co. garns**
Interrogatories filed.
Cutter vs Waddingham: Continued by consent.
Cutter vs Childers; Continued by consent.
**Thomas Caldwell et al vs 162 John McDowell**
Plea in abatement filed.
**John C Pother et al vs 52 John McDowell**
Plea in abatement filed.
**John H Swift et al vs 156 John McDowell**
Plea in abatement filed.
**Thomas Caldwell vs 179 John McDowell**
Plea in abatement filed.
**Edward J Gay et al vs 176 John McDowell**
Plea in abatement filed.
**Thomas Caldwell et al vs 163 John McDowell**
Answer filed
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**Viewer Page 10** (rcdbook1858_28_0009.jpg)
> Handwritten Page Number on Record Book: Unknown
**Gibbon L Ketty et al vs 670 Augustus Muegge etal**
Mo to dismiss suit filed.
**Melvin L Graytrusteere vs 391 Albert Albertson**
Answer filed.
**Samuel L Bolton vs William K Wilson**
Answer filed.
**The State of Missouri to use of George N Thatcher vs 110 Solomon Smith et al**
Answer filed.
**The State of Missouri to use of George W Thatcher vs 111 The Citizens Savings Inst &c**
Answer filed.
**Haskell & Franciscus vs George W Sherrick garns &c**
Mo to discharge garnsishee filed.
**Henrietta Knollhoff vs 441 John F Knollhoff**
Demurrer filed.
**Bethriel B Vincent vs 226 W H Deriar garns**
Interrogatories filed.
**William Sausser vs 278 Benjamin F Cooper**
By leave of Court the plaintiff files anamen ded petition herein, together with the exhibits therein.
**James C Mason vs 411 George W Walker et al**
George W Walker, by his attorneys, ND and GP Strongs, comes and enters his appearance herein and warives service of process.
**Charles Speck et al vs 142 Peter Geis**
Plea in abatement filed.
**State of Missouri to use of F W Black vs 824 Frederick Dattelgeveig et al**
Mo for security for costs filed. Demurrer Filed.
**John McClure vs 227 The Saint Louis & Iron Mountain RailRoad co garnss**
Interrogatories filed.
**James Hall vs 269 William H Deriar**
Reply to amended answer filed.
Cortez Crocker vs Eleazer Sherman.......... Motion to dismiss suit filed.
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**Viewer Page 11** (rcdbook1858_28_0010.jpg)
> Handwritten Page Number on Record Book: 3
**William Harrington vs 325 John H Hall et al**
Answer of Leonidas Hall filed.
**Stephen Hoyt vs 260 William King et al**
Copy of petition, notice of suit, and affidavit of service filed.
**David Oliphant et al vs 175 Daniel D Page et al**
Now at this day come the plaintiffs, by their attorney, and dismiss this suit as to the dependant Henry D Bacon.
**Charles F Meyer et al vs 235 Citizens Savings Institution**
Plea in abatement filed.
**Jacob Eimer et al vs 22 Beste & Grima**
Interplea of Charles Deynoot filed.
**John D Taylor et al vs 822 James ED Houseman et al**
Answer of Julius H Smith filed.
**John C McCausland et al vs 568 Richard Foley et al**
Answer of Patrick Molloy filed.
**James C Converse et al vs 131 John McDowell**
Plea in abatement filed.
**Mark M Stanfield et al vs 157 John McDowell**
Plea in abatement filed.
**Pomeroy Benton & Co vs 325 J H Alexander et al**
Amended answer of Renick and Peterson filed by leave of Court.
**G A Scheidt vs 551 John H Hall et al**
Answer of Leonidas Hall filed.
**James Roy et al vs 375 John H Hall et al**
Answer of Leonidas Hall filed.
William H Nickersham vs Mary E Wickersham:. . . . Answer filed.
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**Viewer Page 12** (rcdbook1858_28_0011.jpg)
> Handwritten Page Number on Record Book: 4
**Charles Hammond vs 566 John H Hall et al**
Answer of Leonidas Hall filed.
**Charles H Kellogg vs 566 John H Hall et al**
Answer of Leonidas Hall filed.
**Cresson Stuart et al vs 554 John H Hall et al**
Answer of Leonidas Hall filed.
**Laureston R Linvingston et al vs 678 John H Hall et al**
Answer of L A Hall filed.
**Ebenezer Lempson et al vs 376 John H Hall et al**
Answer of L A Hall filed. Answer of John W Hall and Clark J Morton filed.
**Ebenezer G Lamson et al vs 373 John H Hall et al**
Answer of Leonidas Hall filed.
**William T Hazzard vs 692 Lyman Scott et al**
Replication filed.
**Antoinc Morin vs 334 Daniel Perrault**
Answer filed.
**Thomas Bowe vs 813 Thomas Shehan**
Answer filed.
**Saint Louis Bagging & Rope Co vs 459 James E Yeatman et al**
Answer filed.
**John Tevis vs 127 Charles R Halladm et al**
Demurrer to amended petition filed.
**Michael Murphy vs 844 Sands E Sellick garns et al**
Interrogatories filed.
**James Hart vs 388 Jesse Arnol et al**
Demurrer filed.
**William Sausser vs 278 B F Cooper**
Motion to dismiss and dissolve attachment filed.
**A S Thomas vs 129 John Gongalis**
Answer filed.
**Robert Dowthett vs 503 Alonzo Cutler et al**
Demurrer filed.
Henry Overstolz et al vs Michael Connerly garns et al. . . . Interrogatories filed.
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**Viewer Page 13** (rcdbook1858_28_0012.jpg)
> Handwritten Page Number on Record Book: 5
**Elizabeth Steele vs 257 Henry J Steele**
Answer and Cross Bill filed.
**Peter J Hurck et al vs 787 William Provost et al**
Now at this day come the defendants, by their attorney and withdraw the answer heretofore filed herein, and, by leave of Court file an amended answer and also counterclaim herein.
**William Patrick et al vs M Globe Mutual Ins Co garns**
Interrogatories filed.
**William Patrick et al vs 832 Pacific Ins Co garns**
Interrogatories filed.
**William Patrick et al vs 835 Western Mutual Fired Marine Ins Co garns**
Interrogatories filed.
**William Patrick et al vs M Franklin Insurance Company garns**
Interrogatories filed.
**Richard R Field et al vs M William H Chiles garns**
Interrogatories filed.
**Richard R Field et al vs M Edward Mitchell garns**
Interrogatories filed.
**James M Thompson et al vs 258 William D H Barnard et al**
Answer filed.
**Bernard S Pratt et al vs 549 Joseph G Chouteaw et al**
Answer filed.
**Richard R Field et al vs M Edward Mitchell garns**
Interrogatories filed.
**Edward J Gay et al vs M Andrew J S Stevens garns**
Interrogatories filed.
**Mark M Steinford et al vs 157 Andrew I L Stevens garns**
Interrogatories filed.
**Andrew I Short vs 847 William B Ferguson, James Patterson, Noah M Ludlow, Francis M Ludlow, John H Sparr, & Andrew Logan, garns**
Interrogatories filed.
**The State of Missouri to the Use of Charles Fink vs 115 George N Billings et al**
Answer filed.
**Charles Haywood et al vs 148 Samuel L Moses et al**
Answer filed.
Edward K Tryon vs Samuel L Moses et al:. . . . Answer filed.
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**Viewer Page 14** (rcdbook1858_28_0013.jpg)
> Handwritten Page Number on Record Book: 6
**John McNeil et al vs 82 Bernard Midas**
Answer filed.
**Julia Ann Coover vs 86 Martin O Walker et al**
Now at this day comes the plaintiff, by her attorney, and file proof satisfactory to the Court that the order of publication heretofore made herein has been duly published according to law.
**Lamson, Goodman et al vs 373 John H Hall et al**
Demurrer filed by John H Hall and Clark J Morton.
**G A Scheidt vs 551 John H Hall et al**
Demurrer filed by John H Hall and Clark J Morton.
**Laureston R Livingston et al vs 678 John H Hall et al**
Demurrer filed by John H Hall and Clark J Morton.
**James Roy et al vs 375 John H Hall et al**
Demurrer filed by John H Hall and Clark J Morton.
**William Harrington vs 325 John H Hall et al**
Answer filed by John H Hall and Clark J Morton.
**Charles S Kellogg vs 565 John H Hall et al**
Answer filed by John H Hall and Clark J Morton.
**Charles Hammond vs 566 John H Hall et al**
Demurrer filed by John H Hall and Clark J Morton.
**James Martin, J Willis Martin, George Martin, Samuel Simons, and Caldwell F Rioerras vs M Alexander H Wing.**
Confession of Judgment.
Now at this day comes the defendant and files a statement duty verified by affidavit, whereby he confesses himself indebted to the plaintiffs in the sum of three hundred and twenty three dollars and fifty eight cents, and consents that judgment may be rendered against him for said sum. It is therefore considered by the Court that the said plaintiffs recover of said defendant the sum aforesaid as confessed and also their costs and charges herein expended and have thereof execution. The above confession was made by James E Munford, attorney in fact for defendant, by virtue of a Power of Attorney embodied in the statement of the defendant.
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**Viewer Page 15** (rcdbook1858_28_0014.jpg)
> Handwritten Page Number on Record Book: 7
**Thomas G Pointer, and William H Pointer. vs M Aeneas McFaul and Francis McFaul.**
Confession of Judgment affidavit of plaintiffs filed.
Now at this day come the defendants, and file a statement in writing duly verified by affidavit, where by they confess themselves indebted to the plaintiffs in the sum of five thousand two hundred and sixty seven dollars and thirty four cents, and consent that judgment may be rendered against them for said sum. It is therefore considered by the Court that the said plaintiffs recover of said defendants the sum aforesaid in form aforesaid as confessed and also their costs and charges herein expended and have thereof execution, Confefsion made by CC Whittelsey attorney in fact, by power of attorney filed herein.
**George Kingsland Leroy Kingsland and David K Ferguson, vs M Henry C Wright.**
Now at this day come the parties by their respecttive attorneys and consent and agree that judgment may be rendered in favor of the plaintiffs and against the defendant for the sum of three hundred and ninety seven dollars and seventy cents. It is therefore considered by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as agreed upon together with interest at the rate of ten percent per annum from this date until paid and also their costs and charges herein expended and have thereof execution. Stipulation of parties filed; and by consent executions stayed for three months.
Court met pursuant to adjournment. Present as before.
**Henry T Mudd et al vs M M B Cox garns**
Interrogatories filed.
**Thomas C Fletcher vs 230 Nehemiah Holmes**
Answer filed.
The commercial Ins Co vs William Dwyer garns:. . . . Interrogatories filed.
The commercial Ins Co vs James M Cord garns:. . . . Interrogatories filed.
Henry T Mudd et al vs William Gayle & Benj Wilson's garns. Interrogatories filed.
Steam Boat Ben Bolt vs S D Morrison: Plea in abatement filed.
Arthur Vallon et al vs John P Schenck et al: Answer of Helgenberg filed.
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**Viewer Page 16** (rcdbook1858_28_0015.jpg)
> Handwritten Page Number on Record Book: 8
**Richard R Field et al vs 533 John Helgenberg**
Answer filed.
**Lorenz Shaffler vs M Thomas Allen President of Terre Haute & Alton Rail Road Co garns**
Interrogatories filed.
Lorenz Shaffler vs M L R Sargent Superintendent Terre Haute & AAA garns
Interrogatories filed.
**Aemelius K Sayre vs M William Grant garns of William C Wagley et al**
Interrogatories filed.
**David C Peacock vs 305 C D Sullivan et al**
Answer filed.
**W H Peckham et al vs 346 C D Sullivan et al**
Answer filed.
**Alexander Denniston et al vs 166 C D Sullivan et al**
Answer filed.
**James M Durand et al vs 461 C D Sullivan et al**
Answer filed
**James M Collins vs 262 Henry Brundy**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court, that this suit be dis missed at his costs and that execution issue therefor.
**Aemelius K Sayre vs 15 William C Wagley et al**
On motion of plaintiff by his attorney, it is ordered that an alias summons issue herein for the defendants, William C Wagley, Daniel Elifritz and Darius Cox. Cause Continued.
**Benson G Connor vs 863 James B Goff garns**
Interrogatories filed.
**Stephen H Haskell et al vs 421 Cornelius D Sullivan et al**
Answer filed.
**Michael Karey vs 828 Miles G Moies et al**
Answer of Miles G Moies filed.
Francis M Miller vs George W Miller. . . . Answer filed.
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**Viewer Page 17** (rcdbook1858_28_0016.jpg)
> Handwritten Page Number on Record Book: 9
**Andrew J Short vs 286 John D Ludden**
On motion of the defendant by his attorney the time for answering herein is intended fifteen days.
**Louis G Picot vs 773 Miles G Moies et al**
Answer of Miles G Moies filed.
**Thomas M Brooks vs 487 Miles G Mois et al**
Answer field
**George Dominick vs 362 T W Hackman et al**
Demurrer field
**Eugine Jaccard et al vs 21 William C Anderson**
On motion of the defendant by his attorney the time for answering is extended one week.
**Richard R Field et al vs 535 Jonathan Wheeler el al**
Demurrer field
**Lorenzo D Holmes vs 712 John Bingham et al**
Demurrer field
**Pierre E Brulatour vs 571 Jonathan Wheeler et al**
On motion of defendants, by their attorney, the time for pleading herein is extended ten days.
**Pother, Manson Co vs 607 H O Wheeler et al**
On motion of defendants by their attorney the time for pleading herein is extended ten days.
**David C Peacock vs 305 C D Sullivan et al**
Exhibit filed.
**Edward Dobyns vs M Henry F Mason**
Answer filed.
**Eugene Guenandon vs 331 The German Savings Institution**
Answer of Charles Mick filed.
**Joseph H Oglesby vs 627 Samuel Myerson et al**
On motion of defendant, Myerson, by his attorney, ten days additional time is given him to answer herein.
**Henry Linkemeyer's admn vs 632 Christian Schaeffler et al**
On motion of defendants by their attorney, ten days additional time is given him to answer herein.
**Samuel L M Barlow vs 453 John H Oglesby et al**
Answer of Joseph H Oglesby filed.
Francis Cattinet el al vs Morris RosenheiM et al : . . . Answer field.
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**Viewer Page 18** (rcdbook1858_28_0017.jpg)
> Handwritten Page Number on Record Book: 10
**John M Myers vs 621 Angel S Myers & Benjamin Lithauer**
Dismissal
Now at this day comes the plaintiff by his attorney and dismisses this suit as to the defendant, Angel S Myers.
**Henry F Turner vs 244 Joseph Davis**
On motion of defendant, by his attorney, the time for answering herein is extended ten days.
**Henry Killion et al vs 477 Edward B Davis**
On motion of defendant, by his attorney, the time for answering herein is extended ten days.
**Samuel Kirkman et al vs 592 William L F Gage et al**
Answer of William L F Gage filed.
**John K Fisher vs 595 R J Tunset all et al**
Answer filed.
**Richard R Field et al. vs M William P Curtis, Julian Bates, M Burchard, J A Brownlee, J B Mckay, Fred Haws, Major Bryant, R F Barry, E Gaylord, C H Cottman, C L Cummings, John N Morris, J Charles, Jno Wills, Alex Ganett, Turner Maddox, N Kelly, H C North, L A Benoist, Jas Quinlan, Jno Riffey, H Marston, Geo Hood, J A Christy, A Blakeslee, E P Casteline, W Avis, Jno G Prather, Isaac L Garrison, Dr Walker, S A Myers, N Bryan, R Ross, W McIndree, C H Shaw, C H Shaw, Frank Widler, G R Robinson, W Conley, A Lewis Jr, R P Hall. W Garvin, J H Gordon, J Shreett, W W Marsh, J H Gordon, A R Levering, B F Beasley, Geo Hutchison, H Finnegan, W L Salisbury, L P Sanger, J J Garrard, H Hitchcock, H J McKellops, Jas D Leonard, E A Peters, E B Lewis, W H Jones, J C Dennistion, Stephen Haskell & Co, S H Laflin & Co, E G Smith, Geo Hutchinson, J M Franciscus, S S Rogers, D Knox, Jno Tighes, W Garvin [Bros. ?], W Grubb, Jno Bird, Jno T Davis, C B Peterson, A R Levering. W H Kelley, Leibig, Jas J Sanger, J G Harper, J Westcott, A L Lacroix, Jacob Merritt, Geo W Parker, E F Smith, Jno B Grey, E D Chandler, R H Obear, W A Brown, J P Cuddy, L M Garnsett, W McKee, S Keele, Jno Kennard, D Leitch, Ja Glenn, Capt Blake, Donl Wolff, Jno Wolff, J B Ruby, R B Clark, A Walsh, A Lewis Jr, A E Orme, Geo Orme, H B Merritt, H M Lindell, W T Christy, A H McCowen, Capl Glenn, T W Hutchinson, Philip Gordon, W Alexander, J C Clark, E H Tobias, H K Frirman, Bodikers, J C Selby, Thos A Slaughter D Watters, Charles Giraldin, C D Lynch, W W Kelly, Thos S Bryant, Burlingame, K M Gregor, R H McKay, G M Ferguson, H F Robinson, J How, J Rosenfield, Garnsishees of Henry F Cross et al.**
On motion of the plaintiffs by their attorney it is ordered by the Court that the said garnsishees be discharged at the costs of the plaintiffs, and that execution issue therefor.
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**Viewer Page 19** (rcdbook1858_28_0018.jpg)
> Handwritten Page Number on Record Book: 11
**Wilson King vs 312 The Ohio and Mississippi Rail Road Co et al**
Answer of J N Alexander filed.
**Joseph H Ogles by vs 627 C D Sullivan et al**
Answer of C D Sullivan Co filed.
**Hyancinthe (of color) vs 210 Hyancinthe Renard**
Answer filed.
**Samuel M Letcher vs 277 Harry J Bodley et al**
Answer filed.
**Michael Karey vs 825 Thomas B Ellis et al**
Answer of Henry M Woodward filed.
**Charles Kingman vs 401 John Gates**
Answer filed.
**A H Menkens et al vs 786 James Duncan**
Answer filed.
**Jacob Eimer et al vs 838 P Baudey Garesche garns of Beste & Grima.**
On motion of the plaintiffs, by their attorney, it is ordered by the Court that the said garnsishee be discharged hence at the costs of the plaintiffs.
**Charles Knapp et al vs 709 Miles G Moies et al**
Answer of Henry M Woodward filed.
**Edward Bredell et al Exrs vs 314 Jane Powell et al**
Answer filed.
**William F Rosse et al vs 598 D W Wheeler et al**
Now at the day came the plaintiffs, by their attorney, and dismifs this suit as to the defendant. . . . Sherwood.
**William Brener vs 229 John H Heidemann**
The time for answering herein is extended ten days.
**Jeffrey Seymour vs 386 Miles G Moies et al**
Answer of Henry M Woodward filed.
**Henry Murphy et al vs 393 Jacob Fritschle et al**
The time for answering herein is extended ten days.
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**Viewer Page 20** (rcdbook1858_28_0019.jpg)
> Handwritten Page Number on Record Book: 12
**William Dean vs 361 William L F Gage et al**
Answer of William L F Gage filed.
**James O Connor et al vs 524 Samuel Gaty et al**
Answer filed by the defendants.
**George Sparrow vs 371 Terre Haute Alton St Louis Rail Road Company**
Demurrer filed.
**Taunton Locomotive Manufacturing Company vs 31 Terre Haute Alton and St Louis Rail Road Company**
Answer filed.
**James M Bristow vs 32 Terre Haute Alton and St Louis Rail Road Company**
Answer filed.
**Axel Deorborn et al vs 721 Terre Haute Alton St Louis Rail Road Company**
Answer filed.
**George Wambsqaust vs 287 Levin Steller**
Plea in abatement filed.
**The Bank of the State of Missouri vs 351 Rudolph Brusselbach & Robert Henning**
Now at this day comes the plaintiff by her attorney and dismisses this suit, at the costs of said plaintiff. By leave of Court the plaintiff withdraws the note sued on.
**James G Human et al vs 320 Henry J Cuniffe**
The time for answering herein is extended to the 11th inst.
**Chittick Mortland vs 675 William C Smith**
Demurrer filed.
**Thomas Carson vs 455 Thomas Sproat**
Demurrer filed.
**John W Hall vs 416 Edwin A Skeele**
Answer filed.
**Henry Killion et al vs 496 Patrick Reilly**
Answer filed.
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**Viewer Page 21** (rcdbook1858_28_0020.jpg)
> Handwritten Page Number on Record Book: 13
**Louis A Binoist vs M Charles Tillman garns.**
Interrogatories filed.
**Anderson & Watson vs 5 David Hirsch garns**
Interrogatories filed.
In
**Laflin, Smith & Co vs 95 Grady and Rowe**
Plea in abatement filed.
**Samuel Hamilton vs 951 John Christopher et al**
Answer of John Christopher filed.
**William Sausser vs M Isaac T Green garn**
Interrogatories filed.
**George B Murray vs 677 Joseph M Ames et al**
Answer of Clank J Hooper filed.
**Bernard Rose vs 228 Redmond Doyle**
Dismissal
Now at this day comes the plaintiff by his attorney, and on his motions, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**John B Casey vs 339 John D. Detert**
Dismissal
On motion of the 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.
**English Dickman & Co vs M Moses F White**
Exhibit sued on withdrawn by leave of Court.
**Garnett S Van Wagoner vs 802 John O Cannon and Lee C Wallace**
Dismissal
Now at this day comes the plaintiff and on his motion it is ordered that this cause be dismissed at his costs and that execution issue therefor.
**Charles M Elleard vs 519 Moses F White**
Exhibit withdrawn by leave of Court.
**John Hoffman vs 475 Henry Boernstein et al**
Answer filed.
**Samuel Mount vs 519 Samuel Denny et al**
Answer filed.
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**Viewer Page 22** (rcdbook1858_28_0021.jpg)
> Handwritten Page Number on Record Book: 14
**Henry E Warren vs 35 Theodore F Tunison**
The time for answering herein is extended ten days.
**Frederick R Toewater vs 640 Jacob Bensberg et al**
Answer of Jocob Bensberg and also of Gerhard Bensberg and Joseph C Barlow filed.
**Henry Schluter vs 397 Adam Ehrgotten et al**
Answer of Emile B Krausse filed.
**The State of Missouri to the use of Mitchell vs 303 Frederick W Meister et al**
Answer filed.
**Francis Cornet vs 500 William Streit**
Answer filed.
**The Citizens Savings Institution vs 318 Charles Meyer et al**
Answer filed.
**Joseph Brown vs 435 Joshua V Throop et al**
Answer filed by defendants.
**David Spahr et al vs 328 Christian Schaeffer et al**
Answer of C Schaeffer filed.
**Charles H Waters et al vs M David Hirsch garn**
Interrogatories filed.
**John Swift et al vs M The Pacific Ins Co, The St Louis Lumbermen and Mechanics Ins Co. Citizens Ins Co & Andrew J L Stevens garn of McDowell**
Interrogatories filed.
**Henry Pike vs 870 David Hirsch garn**
Interrogatories filed.
**Newton Flagg vs 659 Louis A Welton et al**
Answer filed.
**Freeman Little vs 700 James R Ricords et al**
Answer filed.
**Tallmadge Stevens vs 523 Charles Bourchard**
Answer filed.
**John R Richards vs 778 Joseph Foster**
Answer filed.
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**Viewer Page 23** (rcdbook1858_28_0022.jpg)
> Handwritten Page Number on Record Book: 15
**Charles Tillman et al vs 24 John Nevison**
Now at this day come the plaintiffs by their attorney and file proof satisfactory to the Court that the order of publication heretofore made herein has been duly published according to law.
**George B Cooper vs 811 The Saint Louis, Alton and Chicago Rail Road Company**
Motion to quash Sheriffs return filed.
**James Castello vs 526 Michael S Cerre**
Motion for the appointment of Commissioners to Court vote find motion to set cause for trail filed by plaintiff: motion to quash notice of contest filed by defendant.
**Thomas E Owens vs 881 The City of Saint Louis garn of James H McClure**
Interrogatories filed
**Charles Fink vs 149 George W Billings et al**
Motion to strike out parts of petition filed.
**The Mutual Savings Institution vs 605 Jacob Fritschle et al**
Demurrer filed.
**Benjamin Lieber vs 850 The St Louis Agricultural and Mechanical Association, garn**
Interrogatories filed.
**The State of Missouri to the use of William H Haydon vs 281 Irwin Z Smith et al**
Answer filed by the defendants.
**The State of Missouri to the use of William H Haydon vs 232 Irwin Z Smith et al**
Answer filed by the defendants.
**The State of Missouri to the use of William H Haydon vs 246 Joel H Norcross et al**
Answer filed by the defendants.
Samuel Guillaume et al vs Morris Rosenheim et al:. . . . answer filed.
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**Viewer Page 24** (rcdbook1858_28_0023.jpg)
> Handwritten Page Number on Record Book: 16
**The Bank of the State of Missouri vs 384 Daniel M Frost et al**
Answer filed.
**The Bank of the State of Missouri vs 382 Thomas M Taylor et al**
Answer filed.
**Charles D Ellis et al vs 97 Thomas R Grady and James Rowe**
Dismissal.
On motion of the plaintiffs, by their attorney it is ordered by the Court that this suit by dismissed at their costs and that execution issue therefor.
**Charles Richardson vs 743 Miles G Moies et al**
Answer of Henry M Woodward filed.
George R Robinson who is personally known to the Court comes and in open Court acknowledges the execution of a deed of emancipation by him to this negro slave named Henry.
**Citizens Insurance Company of Missouri vs 649 Gerhard Bensberg et al**
Answer of Jacob Ambs filed: Answer of Jacob Bensberg, Joseph C Barlow, Peter Ambs and Charles C Reuss filed.
**George J Barnett et al vs 327 M Primnose et al**
Answer of Jacoby filed.
**John Ferguson et al vs 671 Louis A Welton**
Answer filed.
**Matthias Mentrup vs 517 Samuel Jacoby et al**
Answer of Jacoby filed.
**Thomas L Snead vs 547 The Bank of the State of Missouri**
Answer filed.
**Frank Devlin vs 462 Joseph W Clark et al**
Answer filed.
**Henry F Turner vs 243 Henry Lyon**
Answer and offset filed.
**Sarah Harsh vs 556 Solomon Sonneborn**
Demurrer filed.
**St Bt Ben Bolt vs M H A Conant garn**
Interrogatories filed.
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**Viewer Page 25** (rcdbook1858_28_0024.jpg)
> Handwritten Page Number on Record Book: 17
**Peter A Steen vs 298 Wheeler & Boffinger**
Separate answer of Jno N Boffinger filed.
**Joel W Norcross et al vs 178 Henry Hudson**
Plea in abatement filed.
**John Nickolay vs 728 William Priesmier et al**
Demurrer and answer of Prismier filed.
**George B Richardson vs 323 Williamson P Howard**
Answer filed.
**Spencer A Turner vs 257 Timothy Regan**
Answer filed.
**Thomas Ryan and Franklin X Louthan vs M James Thomas**
Confession of Judgment
Now at this day comes the defendant and files a statement in writing duly verified by affidavit whereby he confesses himself indebted to the plaintiffs in the sum of nineteen hundred and ninety eight dollars and consents that judgment may be rendered against him for that amount. It is therefore considered by the Court that said plaintiffs recover of said defendant the sum aforesaid in form aforesaid as confessed and also this costs and charges herein expended and have thereof execution.
**Bernard Lavin vs M Charles Pond garn**
Interrogatories filed.
**James McCord vs 693 William Fulton**
The time for answering herein is extended ten days.
**William Sausser vs M Franklin Bull garn**
Interrogatories filed.
**Louis G Picot vs 779 William Clark et al**
Answer filed.
**Horace Whittimore vs 741 Human Wenin et al**
Answer filed.
**John M Myers vs 621 Angel S Myers**
Answer of defendant Lithauer filed.
**William S Ross et al vs 598 D N Wheeler et al**
Answer of A Becker filed.
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**In the matter of the assignment of Francis Timmerman**
Claim of Woods Christy Co.
Now at this day come the parties and exhibits the mandate of the Supreme Court and it appearing that the order heretofore made by this Court requiring William Meier the assignee herein, to allow and classify under said assignment a certain claim of James Woods, William T Christy, Robert K Woods, William T Gentry, and Joseph Woods, trading as Woods Christy and Company, against Francis Timmerman, for the sum of Seventeen hundred and forty dollars and thirty four cents, has been reversed by said Supreme Court, it is ordered by the Court, with the consent of all parties, that said assignee disallow said demand of Woods Christy and Company, as a claim against the effects of the said Timmerman.
**James C Converse et al vs The Pacific Inc Co, The Saint Louis Lumbermen and Mechanics Ins Co, Citizens Insurance Company, and Stephens garn of McDowell.**
Interrogatories filed.
**John C Potter et al vs The Pacific Insurance Company, The Saint Louis Lumberman and Mechanics Ins Co, Citizens Ins Co and Stephens garnishees of John McDowell**
Interrogatories filed.
**John Sutton vs George W Lynch et al**
Answer and Offset filed.
**Charles Blow and Co vs 311 The Chicago Alton and St Louis Rail Road Company**
Motion to quash Sheriff Return filed.
**Charles Knapp et al vs 709 Miles G Moies et al**
Answer of Moies filed.
**Lucius Lyon vs 488 Miles G Moies et al**
Answer of Moies filed.
**Jeffrey Seymour vs Miles G Moies et al**
Answer of Moies filed.
**Thomas S Page vs 337 Albert Becker**
Answer filed.
**James Cuddy vs 327 John S Thomson**
Answer filed.
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**Eugene Guenadon vs 331 The German Savings Institution & Charles Mick**
On Certificate of Deposit.
Now at this day comes the German savings Institution, and brings into Courts and deposists with Stephen Rice, the Clerk of said Court, the sum of three hundred and thirty four dollars and ninety five cents and files a prayer that the plaintiff and the defendant Mick, be compelled to interplead for said fund.
Court met pursuant to adjournment. Present as before.
**Henry Brockmann vs 190 John Murphy and John G Steininger**
On note.
Now at this day comes the plaintiff by his attorney, but the said defendants although duly summoned and called come not but make default, wherefore on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the said defendants are indebted to the said plaintiff in the sum of two hundred and nine dollars and forty eight 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 also his costs and charges herein expended and have execution therefore.
**Irwin Camp vs 237 Daniel D Page, Henry D Bacon, & Thomas Brown.**
On note.
Now at this day comes the plaintiff by his attorney, and dismisses this suit as to the defendants Henry D Bacon, but the defendants Daniel D Page and Thomas Brown, although duly summoned and called come not but make default, wherefore on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the said defendants Page and Brown, are indebted to the plaintiff in the sum of twenty three hundred and twenty eight dollars and ten cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants, Page and Brown, the sum aforesaid in form aforesaid as found and also his costs and charges in this behalf expended and have execution therefor.
**James M Carpenter vs 792 William M Cooke and Charles S Rannels**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the said defendants are indebted to said plaintiff in the sum of Eleven hundred
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and ninety six dollars and eighty three cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid as formed together with interest at the rate of ten percent per annum until paid and also his costs and charges herein expended and have execution therefor.
**James Cuddy, James M Carpenter, and William s Cuddy, vs 747 Eneas McFaul**
On note.
Now at this day comes the plaintiffs, by his attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the said defendants is indebted to the said plaintiffs in the sum of three hundred and and forty six dollars and ninety two cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefore.
**James Cuddy, James M Carpenter, and William S Cuddy, vs 748 Walter E Sell, Thomas Sheppard and James M Ward.**
On note.
Now at this day comes the plaintiffs, by his attorney, and dismisses this suit as to the defendant, Walter E Sell and James M Ward, but the defendant Thomas Sheppard, although duly summoned and called comes not but makes default, wherefore on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the said defendant is indebted to the plaintiffs in the sum of five hundred and eighty six dollars and thirty eight cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid inform aforesaid as found, and also his costs and charges herein expended and have execution therefor.
**Edward A Fillerer vs 525 Henry N Williams**
On note.
Now at this day comes the plaintiffs, by his attorney, and defended, although duly summoned and called comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds 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 two hundred and twenty nine dollars and forty cents. It is therefore considered by the Court that the plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found together with interest at the rate of ten percent per annum until paid and then costs and charges herein expended and have execution therefor.
**James E Kelso vs 518 Thomas Campbell and George B Michael**
On note.
Now at this day comes the plaintiff by his attorney, but the defendants, although duly summoned and called come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by
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the Court that the petition herein be taken against them as confessed; and the Court finds the instruments of writing on which this action is founded that the said defendants are indebted to the said plaintiff in the sum of ten hundred and fifty two dollars and seventy cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as found and also his costs and charges herein expended and have execution therefor.
**Harris D Booge. vs 253. Franklin Field, Leonard R Sargent, & Lorenzo P Sanger.**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants although duly summoned and called come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered that the petition herein by taken against said defendants as confessed; and the Court finds from the instrument of writing on which this action is founded that the said defendants are indebted to said plaintiff in the sum of three hundred and forty eight dollars and eighty cents. It is therefore considered by the Court that the said plaintiff recover of said defendants the sum aforesaid in firm aforesaid as found and also his costs and charges herein expended and have execution therefore.
**Franklin Crane vs 241 Daniel D Page, Henry D Bacon, & Thomas Brown.**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Henry D Bacon, but the defendants, Daniel D Page and Thomas Brown, although duly summoned and called come not but make default, wherefore on motion of plaintiffs attorney, it is ordered that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the said defendants are indebted to the said plaintiff in the sum of two hundred and seventy three dollars and fifty 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 also his costs and charges herein expended and have execution therefore.
**Henry Walters vs 240 Daniel D Page, Henry D Bacon, & Thomas Brown.**
On note.
Now at this day comes the plaintiff by his attorney and dismisses this suit as to the defendant, Henry D Bacon, but the defendants, Daniel D Page and Thomas Brown, although duly summoned and called, come not but make default, wherefore on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the said defendants are indebted to the said plaintiff in the sum of one hundred and forty seven dollars and ninety three cents. It is therefore considered by the Court that the plaintiff recover of the said defendants the sum aforesaid in form aforesaid as found, and also his costs and charges herein expended and have execution therefor.
**John T Andrews vs 159 James J Lampton**
Answer filed.
**Peter Grassmuck vs 358 Charles F Hoelzle**
Answer filed.
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**John McKnight vs 354 George W Lynch**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant although duly summoned and called, comes not but make default, wherefore on motion of plaintiffs attorney it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument of writing on which this action is founded that said defendants is indebted to the plaintiff in the sum of twenty one hundred and forty seven dollars and ninety three cents. It is therefore considered by the Court that said plaintiff recover of the said defendants the sum aforesaid in form aforesaid as found, together with interest thereon at the rate of ten percent per annum until paid, and his costs and charges herein expended and have execution therefor.
**George D English, Homer H Dikeman, & James G English. vs 295 John M Homer & William Homer**
Dismissal.
On motion of the plaintiffs by their attorney, it is ordered by the Court that this cause be dismissed at the costs of the said plaintiffs.
**John S Hall, Benjamin Brown, and Walter C Brown vs 639 John H Hall & Clark I Morton**
On note.
Now at this day comes the plaintiff, by their attorney, but the defendants although duly summoned and called come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them 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 twenty hundred and twenty seven 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 as found and also his costs and charges herein expended and have execution therefore.
**J Theodore Plate and Charles C Schottler vs 799 John McDowell and George McDowell**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them 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 hundred and ninety three dollars and forty five cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
**John H Thaler vs 287 Wilhelm Senshouser**
Plea in abatement filed.
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**Samuel Willi vs 687 Robert Peyinhous and James A Phelps**
On note.
Now at this day comes the plaintiff, by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the said defendants are indebted to the said plaintiff in the sum of one hundred and eighty five dollars and sixty 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 also his costs and charges herein expended and have execution therefor.
**William Jellinghaus & Julius Prorbsting vs 638 John H Hall and Clark J Morton**
On note.
Now at this day come the plaintiffs by their attorney but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them 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 twenty three hundred and twenty seven dollars and 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 also his costs and charges herein expended and have thereof execution.
**The Ohio Tool Company vs 637 John H Hall and Clark J Morton**
On note.
Now at this day come the plaintiff, by their attorney but the defendants, although duly summoned and called come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them 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 ninety one dollars and fifty 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 also its costs herein expended and have execution therefor.
**George D English, Homer H Dikeman, and James G English vs 296 William L Boxley and William P Fenn.**
On Bill of Exchange.
Now at this day come the plaintiff by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and th Court finds 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 five hundred and sixty six dollars and forty seven 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 also their costs and charges herein expended and have execution therefor.
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**William M Maxwell vs 285 Horace A Conant and Peter H Conant**
On note.
Now at this day come the plaintiff, by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the plaintiffs petition be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of fifteen hundred and seventy one dollars and fifty one 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 also their costs and charges herein expended and have execution therefor.
**George D English Homer H Dikeman, and James G English vs 297 James A Marsh George W Sherick and John A Smithers.**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendants, although duly summoned and called come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of two hundred and seventeen dollars and twenty cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
**John T Manny, George S Drake, and William Downing vs 313 William P Fenn and Bryant S Stelle.**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendants, although duly summoned and called come not but make default, wherefore on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the said defendants are indebted to said plaintiffs in the sum of two hundred and thirty seven dollars and thirty cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
**Philip G Ferqusor vs 734 Lucinda R Townsend, and John F Long.**
On note.
Now at this day come the plaintiff, by his attorney, but the defendants, although duly summoned and called come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the said defendants are indebted to the said plaintiff in the sum of eighteen hundred and forty three dollars and fifty four 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 also his costs and charges herein expended and have execution therefor.
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**Dempsey Weaver vs 658 Eneas McFaul**
On note.
Now at this day comes the plaintiff by his attorney but the defendant although duly summoned and called comes not but makes default, wherefore on motion of plaintiffs attorney it is orde by the count that the petition herein be taken against him as confeseed; and the count finds from the instrument of writing on which this action is founded that said defendent is indefted to said plaintiff in the sum of twenty five hundred and forty eight dollors, and fourteen cents. It is therfore considered by the count that said plaintiff recover of said defendent the sum aforesaid by the form aforesaid as found, and also his costs herein expended and have execution therfor.
**Richard R Field, Reuben Beardslee, John K Field, Isaac N Field, and Phineas Beardslee. vs 652. Henry F Cross Franklin Field, and Thomas A Simpson**
On note.
Now at this day comes the plaintiffs by their attorney, but the defendants although duly summoned and called comes not but make default, wherefore on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that said defendant are indebted to said plaintiffs in the sum of nine hundred and eighty eight dollars and sixty cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**William F Endres and John N Bigelow vs 587 Thomas Campbell.**
On note.
Now at this day come the plaintiffs by their attorney, but the defendants although duly summoned and called comes not but makes default, wherefore on motion of plaintiffs attorney it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds 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 five hundred and fourteen dollars and forty nine cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
**George B Sanderson vs 526 A J McDonald.**
On note.
Now at this day comes the plaintiff by their attorney, but the defendants, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him 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 twenty two hundred and three dollars and nine three cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
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**John Wolff and John J Hoppe vs 456 Herman Kallman**
On note.
Now at this day come the plaintiffs by their attorney but the defendants although duly summoned and called comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of three hundred and ninety six dollars and seventy two 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 also their costs and charges herein expended and have execution therefor.
**John Wolff and John J Hoppe vs 138 Theodore Cramer**
On note.
Now at this day come the plaintiffs by their attorney, but the defendants although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered that the petition herein be taken against him as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of Six hundred and sixty dollars and ninety seven 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 also his costs and charges herein expended and have execution therefor.
**Edward Hasse vs 454 Charles L Hunt & William M Looke**
On note.
Now at this day comes the plaintiff by his attorney, but the defendants although duly summoned and called come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of twelve hundred and twelve dollars and seventy seven cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**Stephen D Barlow, vs 562. Henry W Heisterhagen**
On note.
Now at this day comes the plaintiff by his attorney but the defendant although duly summoned and called comes not but makes default wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of four hundred and twenty three dollars and thirty four cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
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**Hawkins Wickersham vs 667 Anthony H Menkens and Diederick B Menkens**
On note.
Now at this day comes the plaintiff by his attorney but the defendants, although duly summoned and called, come not but makes default, wherefore on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of three hundred and forty three dollars and thirty three 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 also his costs and charges herein expended and have execution therefor.
**Leicester Babcock vs 561 Jacob Fritschle, Henry Pilkington and Samuel Pilkington**
Now at this day comes the plaintiff, by his attorney, but the defendants although duly summoned and called come not but makes default, wherefore on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of seventeen hundred and sixty one dollars and fifty 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 also his costs and charges herein expended and have execution therefor.
**Leicester Babcock vs 425 Jacob Fritschle, George W Campbell, and George Schaffner**
On note.
Now at this day comes the plaintiff by his attorney, but the defendants although duly summoned and called come not but makes default, wherefore on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of ten hundred and eighty four dollars and ninety one 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 also his costs and charges herein expended and have execution therefor.
**Samuel W Baldwin, John M Randall, and Samuel M Dodd vs 45 William Palmer and Simeon Oliver**
On note.
Now at this day come the plaintiffs by his attorney but the defendants although duly summoned and called come not but make default wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the plaintiffs in the sum of two hundred and twenty seven dollars and nine cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
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**Wesley Greenfield Aaron B Sluder & Newton L Greenfield. vs 521 Henry C Lynch**
On note.
Now at this day come the plaintiff by their attorney but the defendant although duly summoned and called comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of one hundred and ninety seven dollars and eighty six 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 also their costs and charges herein expended and have execution therefor.
**Wesley Greenfield Aaron B Sluder and Newton L Greenfield. vs 522 George W Lynch & Henry C Lynch**
On note.
Now at this day come the plaintiffs by his attorney but the defendants although duly summoned and called come not but make default, wherefore on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of two hundred and seventy three dollars and forty 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 found and also their costs and charges herein expended and have execution therefor.
**Samuel Gaty, John S McCuny, James Collins, Amos How and William H Stone vs 532 Lorenzo P Sanger and William D Sanger**
On note.
Now at this day come the plaintiffs by their attorney but the defendants although duly summoned and called come not but make default, wherefore, on motion of the plaintiffs attorney, it it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of five hundred and forty six dollars and eighteen cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
**John C Marshall administrator of Richard Wells deceased vs 531 Lewis Dent and Frederick Dent.**
On note.
Now at this day comes the plaintiff by his attorney, and dismisses this suit as to the defendant, Lewis Dent, but the defendant, Frederick Dent, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument of writing on which this action is founded that the said defendants is indebted to the plaintiff in the sum of six hundred and forty one dollars, and sixty one cents. It is therefore
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considered by the Court that the said plaintiff recover of the said defendants Frederick Dent the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**James B Hill vs 573 James Castello and John M Wimer**
On note.
Now at this day comes the plaintiff by his attorney but the defendants although duly summoned and called comes not but make default, wherefore on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of twelve hundred and sixty six dollars and seventy two cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**Samuel Samuels and George Samuels vs 680 John McDowell, and George McDowell**
On note.
Now at this day come the plaintiffs by their attorney but the defendants although duly summoned and called come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of Six hundred and eighty two dollars and fifty five two cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**Eben D Jordan, Benjamin L Marsh, Charles Marsh & Henry W Taylor. vs 681 John McDowell and George McDowell**
On note.
Now at this day come the plaintiffs by their attorney, but the defendants, although duly summoned and called come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instruments of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of twenty four hundred and sixty five dollars and thirty nine cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges in this behalf expended and have execution therefor.
**Reinhardt Larkins vs 309 Henry Ossing et al**
Answer of Edward Eisfelder filed.
**Joseph H Oglesby vs 627 Samuel Myerson et al**
Motion filed to strike out parts of answer.
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**William S Pringle vs 158 Daniel D Page and Henry D Bacon**
On note.
Now at this day comes the plaintiff by his attorney but the defendants, although duly summoned and called, come not but make default, wherefore on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of Eleven hundred and sixty nine dollars and eighty 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 also his costs and charges herein expended and have execution therefor.
**Michael Mepham and William G Mepham vs 449 Philip D Gordon and Sylvester B Wilson**
On note.
Now at this day come the plaintiffs, by their attourneys, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of five hundred and fourteen dollars and ninety cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
**Charles E Hayward vs 539 Philip Steubenrach and Frederick Steubenrach**
On note.
Now at this day comes the plaintiff, by his attorneys but the defendants although duly summoned and called come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of three hundred and eighty five dollars and fifty five 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 also his costs and charges herein expended and have execution therefor.
**The Bank of St Louis vs 596 David D Mitchell and Abraham M Pike**
On note.
Now at this day comes the plaintiff by its attorneys but the defendants although duly summoned and called come not but make but make default wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of Eleven thousand six hundred and twenty one dollars and twenty five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
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**The Bank of St Louis vs M Eneas McFaul and Francis McFaul.**
On note.
Now at this day comes the plaintiff by its attorney but the defendants although duly summoned and called come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of Seven hundred and forty nine dollars and twenty three 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 also their costs and charges herein expended and have execution therefor.
**John Byrne Jr vs 792 William P Fenn and Charles L Hunt**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants although duly summoned and called come not but make default, wherefore, on motion of plaintiffs attorney it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument on which this action is founded that the defendants are indebted to the plaintiff in the sum of eight hundred and sixty six dollars and eleven cents. It is therefore considered by the Court that the plaintiff recover of the said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**Conrad Bleng vs 3 Louis Kaiser**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant although duly summoned and called comes not but makes default wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of four hundred and forty one dollars and seventy five 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 also his costs and charges herein expended and have execution therefor.
**John Veith vs 44 George Eberle.**
On note.
Now at this day comes the plaintiff by his attorney but the defendant although duly summoned and called comes not but makes default wherefore, on motion of plaintiffs attorney it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and three dollars and thirty five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
Reider & Kline vs Patrick E Burke. . . . Answer filed.
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**Louis G Picot vs 775 Edward Boyle**
On note.
Now at this day comes the plaintiff by his attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of one hundred and sixty eight dollars and three cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**Stephen Hoyl and George C Greene vs 567 William Hassinger, John O Brien and Peter A Ladew**
On Notes.
The time for answering herein is extended until the 11th inst.
**The United States Savings Institution vs 555 Jacob Fritschle and August Fritschle**
On note.
Now at this day comes the plaintiff, by its attorney, but the defendant, although duly summoned and called, come not but make default wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against this as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two hundred and eighteen dollars and ninety five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found, and also his costs and charges herein expended and have execution therefor.
**John Triplett vs 699. William C Anderson Jr.**
The time for answering herein is extended two days.
**William Dean vs 360 Corbin Thompson**
On note.
Now at this day comes the plaintiff by his attorney but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against this as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and three dollars and thirteen cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found together with interest at the rate of ten percent per annum until paid and also his costs and charges herein expended and have execution therefor.
**D S Crockett vs 784 John S McCune et al**
Answer filed
**George Y Basl vs 281 Graham L Hughes**
Answer filed
L H Simpson vs R M Branch et al: . . . Answer filed.
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**John Gauche vs 402 Julius Uhlenhurth**
On note.
Now at this day comes the plaintiff by his attorney but the defendant although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed: And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two hundred and eighteen dollars and twenty cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**Taylor Blow vs 719 Charles H Haven**
Now at this day comes the plaintiff, by his attorney, but the defendant although duly summoned and called comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and thirty nine dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
**R E Hill, James B Hill and William Hill. vs 766. George J King**
Now at this day come the plaintiffs by their attorney but the defendant although duly summoned and called comes not but makes default, wherefore, on motion of plaintiffs attorney it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of three hundred and nine dollars and seventy 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 also their costs and charges herein expended and have execution therefor.
**William D Sedgwick vs 624. Henry W Williams and Edward W Shands**
On Note.
Now at this day comes the plaintiff by his attorney and dismisses this suits as to Edward W Shards, but the defendant Henry W Williams although duly summoned and called comes not but makes default wherefore on motion of plaintiffs attorney it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of three hundred and forty eight dollars and forty five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found together 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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**George B Cooper vs 811 The Saint Louis Alton and Chicago Rail Road Company**
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called [but ?] comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendants as confessed: And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of forty three hundred and sixty four dollars and seventy four cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**Samuel Henly administrator of Powel Sinks vs 77 Joseph White**
On note.
Now at this day comes the plaintiff, by their attorney, but the defendant, although duly summoned and called comes not but makes default, Wherefore on motion of plaintiffs attorney it is ordered by the Court that the petition herein be taken against the said defendants as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and thirty one dollars and sixty two cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**James F Donaldson vs 722 George E Finch**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendant as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of eight hundred and fifty one dollars and twenty seven cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**Johns H Garnhardt vs 155 Martin Haemerle**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendant as confessed: And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and thirty two dollars and forty cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
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**Johns M Knight vs 354 George W Lynch**
The time for answering herein is extended until the 16 inst
**George W Cline and William C Jamison vs 409 Jacob Fritschle, George W Campbell and Henry Pilkington**
On note.
Now at this day come the plaintiffs but the defendants although duly sum moned and called come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed: And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of four hundred and twenty eight dollars and forty eight cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found together with interest thereon at the rate of ten percent per annum until paid and their costs and charges herein expended and have execution therefor.
**The Mechanics Bank vs 435 John Reilly and Edward Boyle.**
On note.
Now at this day comes the plaintiff, by its attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendants as confessed: And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of Seven hundred and eighty seven dollars and fifty 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 also its costs and charges herein expended and have execution therefor.
**Baldwin Locker vs 182 William Tyler and Henry Tyler**
On note.
Now at this day comes the plaintiff, by its attorney, but the defendants although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of nine hundred and fifty three dollars and forty six cents. It therefore considered by the Court that the plaintiff recover of the said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor. Judgment to bear ten percent from this date until paid.
**Jane Doyle vs M John Doyle**
Petition for alimony and maintenance filed.
**Thomas Slevin et al vs 812 Charles Fritz et al**
Motion filed to strike out parts of answer filed.
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**Baldwin Locker vs 347 Alexander L Tyler and William Tyler**
Now at this day comes the plaintiff by its attorney, but the defendants although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of thirteen hundred and sixteen dollars and seventy 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 also their costs and charges herein expended and have execution therefor. Judgment to bear interest at the rate of ten percent per annum from this date until paid.
**Solomon P Ketchum vs 765 William Carson and Edward Berry**
On note.
Now at this day comes the plaintiff, by its attorney, but the defendants although duly summoned and called come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; And the Court finds from the instrument of writing on which this action is founded that the said defendants are indebted to the plaintiff in the sum of five hundred and thirty six dollars and ten 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 also his costs and charges herein expended and have execution therefor.
**Moses Herdelbach, Arnold Weithimer and Abraham J Freidlauder vs 660 James Michael and Marcus Kaim**
On note.
Now at this day come the plaintiffs, by their attorney, and
dismiss this suit as to the defendant, James Michael, but the defendant, Marcus Kaim, although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendant, as confessed; And the Court finds from the instrument of writing on which this action is founded that the said defendant is indebted to the plaintiffs in the sum of five hundred and forty five dollars and ninety five cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant, Marcus Kaim, the sum aforesaid in form aforesaid as found, and also his costs and charges herein expended and have execution therefor.
**George B Murray vs 656 Louis M Prince, Philip D Gordan, and Samuel B Wilson**
On note.
Now at this day comes the plaintiff, by his attorney, and, by leave of Court, amends his petition by erasing in the caption thereof the word, Samuel, before the name of the dependant Wilson, and inserting the word Sylvister, in line thereof; but the defendants, although duly summoned and called, come not but makes default, wherefore, on motion of the plaintiffs attorney it is ordered by the Court that the petition herein be taken against the said defendant as confessed; And the Court finds
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from the instrument of writing on which this action is founded that the said defen dants are indebted to the plaintiff in the sum of three hundred and seventy four dollars and five 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 also his costs and charges herein expended and have execution therefor. Judgment to bear interest at the rate of the percent per annum from this date until paid.
**George Murray vs 655 Richard Dozier Philip D Gordon and Samuel B Wilson**
On note.
Now at this day comes the plaintiff by its attorney, and by leave of Court amends his petition by erasing, in the caption thereof, the word, Samuel, before the name of the dependant, Wilson, and inserting the word Sylvister, in line thereof; but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of three hundred and thirteen dollars and ninety one cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor. Judgment to bear interest at the rate of ten percent per annum from date until paid.
**George Murray vs M Charles J Lynch, Philip D Gordon, and Samuel B Wilson**
On note.
Now at this day comes the plaintiff by its attorney and by leave of Court amends his petition by erasing, in the caption of the petition, the word, Samuel before the name of the dependant, Wilson, and inserting the word Sylvister, in line thereof; but the defendants, although duly summoned and called come not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the defendants as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two hundred and seventy eight dollars and fourteen 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 also his costs and charges herein expended and have execution therefor. Judgment to bear ten percent per annum from this date until paid.
**George B Murray vs 698 William P Fenn and Charles L Hunt**
On note.
Now at this day comes the plaintiff by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of five hundred and thirty six dollars and seventy cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
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from the instrument of writing on which this action is founded that the said defen dants are indebted to the plaintiff in the sum of three hundred and seventy four dollars and five 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 also his costs and charges herein expended and have execution therefor. Judgment to bear interest at the rate of the percent per annum from this date until paid.
**George Murray vs 655 Richard Dozier Philip D Gordon and Samuel B Wilson**
On note.
Now at this day comes the plaintiff by its attorney, and by leave of Court amends his petition by erasing, in the caption thereof, the word, Samuel, before the name of the dependant, Wilson, and inserting the word Sylvister, in line thereof; but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of three hundred and thirteen dollars and ninety one cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor. Judgment to bear interest at the rate of ten percent per annum from date until paid.
**George Murray vs M Charles J Lynch, Philip D Gordon, and Samuel B Wilson**
On note.
Now at this day comes the plaintiff by its attorney and by leave of Court amends his petition by erasing, in the caption of the petition, the word, Samuel before the name of the dependant, Wilson, and inserting the word Sylvister, in line thereof; but the defendants, although duly summoned and called come not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the defendants as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two hundred and seventy eight dollars and fourteen 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 also his costs and charges herein expended and have execution therefor. Judgment to bear ten percent per annum from this date until paid.
**George B Murray vs 698 William P Fenn and Charles L Hunt**
On note.
Now at this day comes the plaintiff by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of five hundred and thirty six dollars and seventy cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
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**George B Murray vs 601 Joseph A Barret, Mary L Barret, and John S Moore.**
Default.
Now at this day comes the plaintiff, by its attorney, but the defendants, Mary L Barret and John S Moore, although duly summoned and called come not but make default, wherefore on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed.
**John Casey vs 491 Jeremiah McCraith, William Murphy, James Corney and Thomas Conran**
On note.
Now at this day comes the plaintiff by his attorney, but the defendants, although duly summoned and called, come not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of Eight hundred and six dollars and twenty five 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 also his costs and charges herein expended and have execution therefor.
**John Maguire Administrator of Henry Linkemeyer vs 633 Jacob Fritschle, August Fritschle, and George Shaffner**
On note.
Now at this day comes the plaintiff by his attorney, but the defendants, although duly summoned and called, come not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of ten hundred and twenty one dollars and twenty five 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 also their costs and charges herein expended and have execution therefor.
**John Maguire administrator of Henry Linkemeyer vs 635 Nicholas Devoy**
On note.
Now at this day comes the plaintiff by his attorney but the defendant, although duly summoned and called, come not but makes default, wherefore, on motion of the plaintiffs attorney it is ordered by the Court that the petition herein be taken against him as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of One hundred and three dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
Juliette V Reybrun Exrx vs Thomas A Lonergan:. . . . Answer filed.
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**John Maguire administrator of Henry Linkemeyer vs 632 Christian Schaffler and Lorenz Schaffler.**
On note.
Now at this day comes the plaintiff by his attorney but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the defendants as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plain tiff in the sum of five hundred and twenty five dollars. It is therefore considered by the Court that the plaintiff recover of the said defendants the sum aforesaid in form aforesaid as found, and also his costs and charges herein expended and have execution therefor.
**Peter L Vandeventer, Thomas Stringer, Levis L D Allen & Jacob Van Nostrand. vs 410 Edward Dobyns, James R Dobyns, and Charles R Anderson.**
On note.
Now at this day come the plaintiffs by their attorney but the defendants although duly summoned and called come not but make default wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendants as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of three hundred and eighteen dollars and three cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
**John H W Page vs 787 Reuben C M Cord, Charles W M Cord, G Ganett, Miles G Moies and Henry M Woodward.**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendants as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of Six hundred and six dollars and twenty seven cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found, and also their costs and charges herein expended and have execution therefor.
**John A Goodlett vs 357 Charles L Hunt, William M Cooke & Isaac H Sturgeon.**
On note.
Now at this day comes the plaintiff by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendants as confessed: And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of nineteen hundred and seventeen 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 also their costs
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and charges herein expended and have execution therefor. Judgment to bear interest at the rate of ten per cent per annum from this date until paid.
**The Mutual Savings Institution vs 683 A William Streit, Michael Diefenbach, Caspar Schmelter and John Kellner**
On note.
Now at this day comes the plaintiff by its attorney, and dismisses this sent as to the defendants Casper Schmelter, but the other defendants, although duly summoned and called come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the defendants as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendants, Streit Diefenback and Kellner, are indebted to the plaintiffs in the sum of ten hundred and seventy four dollars and thirty two 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 also his costs and charges herein expended and have execution therefor.
**William S McKnight and James W Richardson vs 715 Joseph B Shearer**
On note.
Now at this day come the plaintiffs by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed; And the Court finds from the instruments of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of nine hundred and forty four dollars and one cent. 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 also their costs and charges herein expended and have execution therefor.
**James S McKnight and James W Richardson vs 508 Bernard L Voorhees**
On note.
Now at this day come the plaintiffs by their attorney but the defendant although duly summoned and called comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of six hundred and sixty six dollars and eighty two 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 also their costs and charges herein expended and have execution therefor.
**Andrew Park Administrator of Alban H Glasby vs 594 John M Wimer**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendant as confessed: And the Court finds from the instrument of writing
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on which this action is founded that the defendant is indebted to the plaintiffs in the sum of four hundred and one dollars and seventy five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**James Clemens Jr vs 654 George W Davis and Robert F Logan.**
On note.
Now at this day come the plaintiffs by their attorney, but the defendants although duly summoned and called, come not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendants as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of three hundred and seventeen dollars and seventy two cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also his costs and charges in this behalf expended and have execution therefor.
**William J Horstman, Segmund H Horstman, John G Franklin, George O Evans and William S Hassall vs 469. Hiram A Pryor and John S Thompson.**
On note.
Now at this day come the plaintiffs by their attorney, but the defendants although duly summoned and called come not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendants as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of eight hundred and forty four dollars and twenty two cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found, and also their costs and charges in this behalf expended and have execution therefor.
**Richard R Field, Reuben Beardslee, John K Field, Isaac N Field, and Reuben Beardslee vs 535 Jonathan Wheeler & James H Tooke.**
On note.
Now at this day come the plaintiffs by their attorney, and on motion of the said plaintiffs attorney, it is ordered by the Court that the Demurrer to the peti tion be overruled; and the defendants although duly summoned and called come not but makes default, wherefore, on motion of said plaintiffs attorney, it is ordered by the Court that the petition be taken against them as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of Three hundred and forty eight dollars and eighteen cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
Laflin, Smith and Boies vs Marvin Porter garn of Grady et al : Interrogatories filed.
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**Thomas Scott vs 662 Charles F Hoelzle**
On note.
Now at this day comes the plaintiff by his attorney, but the defendant although duly summoned and called comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the defendant as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendants is indebted to the plaintiff in the sum of four hundred and eighty five dollars and twenty nine cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**John Wickersham vs 344 Edwin H Wheadon**
On note.
Now at this day comes the plaintiff by his attorney but the defendant although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiffs attorney it is ordered by the Court that the petition herein be taken against the said defendant as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendants is indebted to the plaintiff in the sum of Sixteen hundred and forty five dollars and eighty four cents. It is therefore considered by the Court that the said plain tiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor. Judgment to bear interest at the rate of ten per cent per annum until paid.
**Robert L M Ghee and Culver Hyatt vs 215. Spencer J Ball**
On note.
Now at this day come the plaintiffs by their attorney, but the defendant although duly summoned and called comes not but makes default, wherefore, on motion of plaintiffs attorney it is ordered that the petition herein be taken against the said defendant as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of Six hundred and two dollars and seventy 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 also their costs and charges herein expended and have execution therefor.
**Nathan Falk vs M Charles Fritz, Henry Gronheim and John Helgenberg**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Henry Gronheim, but the defendants, Fritz and Helgenberg, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendants, Fritz and Helgonberg, are indebted to the plaintiff in the sum of three hundred and twenty dollars and forty five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as found and also his costs herein and have thereof execution. Judgment to bear 10 per cent interest.
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**James Bogus and William H Malone vs 320 Patrick Long**
On note.
Now at this day come the plaintiffs by their attorney, but the defendant although duly summoned and called comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court the petition herein be taken against the said defendant as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of two hundred and forty five dollars and forty six 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 also their costs and charges herein expended and have execution therefor.
**Collier White Lead and Oil Company vs 442 William K Wilson**
On note.
Now at this day comes the plaintiff by its attorney but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendant as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of six hundred and fifty six dollars and twenty nine cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also its costs and charges herein expended and have execution therefor.
**Martin L Hobart vs 442 George W Lynch and Henry C Lynch**
On note.
Now at this day comes the plaintiff, by its attorney, but the defendants although duly summoned and called, comes not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendants as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two hundred and twenty one dollars and forty eight 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 also his costs and charges herein expended and have execution therefor.
**George D Winchell vs 785 Charles F Baker and James Moore**
On note.
Now at this day comes the plaintiff, by its attorney, but the defendants, although duly summoned and called come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of four hundred and forty nine dollars and ninety nine 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 also his costs and charges herein expended and have execution therefor.
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**John Butler vs 68 Patrick Long**
On note.
Now at this day comes the plaintiff by his attorney, but the dedefendant although duly summoned and called comes not but makes default, wherefore on motion of plaintiffs attorney, it is ordered by the Court the petition herein be taken against the defendant as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and eighty five dollars and twenty cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**Stephen Leonard vs 73 Moses F White**
On note.
Now at this day comes the plaintiff by his attorney but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendant as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of eleven hundred and eleven dollars and sixty seven cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**Willis Snell vs 818 W H Smith, Isaac Lacasham and Charles L Hobbs**
On note.
Now at this day comes the plaintiff, by his attorney, and this dismisses this suit as to the defendants, Isaac Lancasham and Charles L Hobbs; but the defendant, W H Smith, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendant as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendant, Smith, is indebted to the plaintiff in the sum of Six hundred and ninety one dollars and sixty six cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**The Bank of Tennessee vs 669 James L Gage**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the defendant as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of nine hundred and four dollars and fifty five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
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**John Curd and Isaac Curd vs 168 Daniel D Page, Henry D Bacon, and Edward Wyman.**
On note.
Now at this day come the plaintiffs, by their attorney, and dismiss this suit as to the defendant, Henry D Bacon, but the defendants, Page and Wyman, although duly summoned and called come not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed; And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of five hundred and five dollars and twenty seven cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
**Thomas M Adam vs 704 August Campe**
On note.
Now at this day comes the plaintiff by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the defendant as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of three hundred and fifty dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**Henry T Chiles and vs 658 James L Gage**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed, And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of three hundred and seventy five dollars and sixty seven 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 also his costs and charges herein expended and have execution therefor.
**Hiram Mills vs 622 Louis V Bogy**
Time for answering extended ten days.
**Hiram Mills vs 623 The Pilot Knob Iron Company**
Time for answering extended ten days.
Parker et al vs William Wade et al: One day further time to answer.
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**Isaac A Letcher vs 545 Thomas Campbell**
On note.
Now at this day comes the plaintiff, by their attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendants as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of ten hundred and twenty five dollars and sixty six cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**John C Nulsen and Joseph J Mersman vs 643 Louis Schinner**
On note.
Now at this day come the plaintiffs by their attorney but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendants as confessed: And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of one hundred and seventy three dollars and fifty three 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 also their costs and charges herein expended and have execution therefor.
**Charles Bobb vs 530 Joseph A Barret and John D Taylor**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called comes not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendants as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two hundred and thirty eight dollars and sixty seven 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 also their costs and charges herein expended and have execution therefor.
**Jacob Canmann and Wolden Ranson vs 539 Noble Kellogg**
Now at this day come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of one hundred and seventy seven dollars and sixty two 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 also their costs and charges herein expended and have execution therefor.
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**Samuel L Bolton vs 40 William K Wilson, Xavier Dugal, and Francis H Dependahl**
Now at this day comes the plaintiff and files proof that the petition herein has been served upon the defendant Defendahl, but the defendants, Dugal and Defendahl, although duly notified and called, come not but make default; Wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. Reply filed to answer of defendant, Wilson.
**William H Card et al vs 582. Richard S Raymond and William O Wolff.**
Alias Summons ordered returnable to the next term of this Court.
**Louis C Garnsier vs M John Simonds and Luther M Kennett garnss of The City Bank of St Louis.**
Interrogatories filed.
**Charles Tillman, Ferdinand Rozier, William Fullger & Amade Berthold. vs 24 John Nevison.**
On note and account.
Now at this day come the plaintiffs, by their attorney, and file proof satisfactory to the Court that the order of publication heretofore made herein has been duly published according to law;
**The State Mutual Fire and Marine Insurance Company of Pennsylvania. vs 174 David Weaver.**
Answer filed.
**Andrew J Short vs 847 William B Ferguson et al garnss of John D Ludden**
Answer of John H Sparr filed.
**Kirkman and Luke. vs 586 William Hassinger and John O Brien**
Time for answering extended to eleventh of October.
**M C White vs 593 William Hassinger**
Time for answering extended to 11th instant.
**Walter H Miller et al vs 497 Callaway Mining Company**
Alias Summons ordered.
George Schaffer et al vs Robert Montgomery; . . Alias Summons ordered.
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**Lazarus Hallagarten et al vs 494 Benjamin S Rosenthal**
Alias Summons ordered.
**Joshua Benett vs 496 William C Wagley, Jules C Kingsbury, D G Elifritz and D H Cox.**
Alias Summons ordered.
Garson vs Joseph Salberg:. . . . Plea in Abatement filed.
**James C McNeil vs 852 John Scott, Clingen Scott,& W C Scott garns of Robert W McClure**
Interrogatories filed.
**James C McNeil Guardian of Crawford Porter vs 551 John Scott, Clingan Scott, & W C Scott garns of McClure**
Interrogatories filed.
**James C McNeil Guardian of E Porter vs 855 John Scott, Clingan Scott, & W C Scott garns of McClure**
Interrogatories filed.
**Bennett S Aden vs Jno Scott, Clingan Scott,& W C Scott garns of Dick**
Interrogatories filed.
**Henry Murphy vs 393 Jacob Fritschle, Joseph G Shands and Robert Kerzinger**
Dismissal.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendant Robert Kerginger.
**Thomas Alexander vs 43. James J Todd, William Ray, and James M Mahan**
Now at this day comes, the plaintiff, by his attorney, and files proof satisfactory to the Court that the order of publication heretofore made herein has been duly published according to law.
**George Pomerou, William H Benton Jr, and George H Chase. vs 163 Theodore Betts, John D Mellen, Joshua Jackson, John O Mellen, and A A K Sawyer**
Now at this day come the plaintiffs, by their attorney, and file proof satisfactory to the Court that the order of publication heretofore made herein has been duly published according to law.
**James L Claghome vs 495 Perry Kennard and John Kennard**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this suit be dismissed at the costs of the plaintiff and that execution issue therefor.
**Clark Wilson and Company vs John H Hall and Clark J Morton.**
Confession of Judgment.
Now at this day comes Ralph S Hart, Esg, and files a Power of Attorney from
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the defendants, and by authority of said Power of Attorney, files a Statement in writing duly verified by affidavit, and, confesses judgment in favor of the plaintiffs and against the defendants for the sum of five thousand and one hundred and fifty eight dollars and two cents, and consents and agrees that judgment may be rendered against them for said sum. 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 also their costs and charges herein expended and have execution therefor.
**Josiah S Leverett and Company vs John H Hall and Clark J Morton.**
Confession of Judgment.
Now at this day come the plaintiffs and file their petition against the defendants, and thereupon, Ralph S Hart, Esg, appeared, in open Court in behalf of the said defendants, and, by virtue of a warrant of attorney, executed by the defendants, confesses that the defendants are indebted to the plaintiffs in the sum of four thousand two hundred, and thirty nine dollars and thirty five cents, and consents and agree that judgment may be entered against the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as confessed, and also their costs and charges herein expended and have execution therefor.
**Gibbons L Ketty et al670 Augustus Muegge et al**
Security for costs filed.
Court met pursuant to adjournment. Present as before.
**Isaac Mason vs 188 John Warner et al**
Motion for security for costs filed.
Andrew Brengard vs Thomas H Cavanaugh:. . . . Answer filed.
Martin Baer vs Henry Buesmeyer et al:. . . . Answer filed.
William L Ewing et al vs R J Lockwood et al:. . . . Answer filed.
William McDonald et al vs Charles Chambers:. . . . Answer filed.
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**William Richard vs 408 Manhattan Life Insurance Company**
Defendants answer filed.
**James Clark vs M George E Cassell and George Shaffner garns**
Answer of Garnishees filed.
**Liberty Insurance Company vs 128 Triplett and Sells**
Answer of Defendants filed.
**Wilson King vs 312 The Ohio and Mississippi Rail Road Company**
Answer of defendants filed.
**Henry S Parker et al vs 367 William Wade et al**
Answer of A D Stewart filed.
**Francis H Luttercord vs 221 Charles Dumanet**
Answer filed by defendant.
**Madison Miller vs 613 J B H Jacobs**
Demurrer to Petition filed.
**Cornelius V S Roosevelt vs 261 John H Hall, Clark J Morton, and Leonidas A Hall**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendants, Leonidas A Hall, but the defendants, John H Hall and Clark J Morton, although duly summoned and called come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said difendanto as confessed. And the Court finds from the instrument of writing on which this action is founded that the said defendants are indebted to the plaintiff in the sum of two hundred and seven dollars and sixty eight 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 also his costs and charges herein expended and have execution therefor.
**Freeman Little vs 750 John R Ricords et al**
Motion filed for judgment notwithstanding answer.
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**Joseph W Corlies, Jonas G Dudley, Joseph W Corlies Jr & Frederick vs M John McDowell & George McDowell**
Now at this day come the plaintiffs by their attorney, but the defendants although duly summoned and called come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of Six hundred and ninety five dollars and thirty eight cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
**George Lefevere et al vs 849 Daniel T Wright et al garns**
Answer filed by Garnishees.
**David Peacock vs 305 Cornelius D Sullivan et al**
Motion filed to strike out parts of answer.
**Mutual Savings Institution vs 605 Jacob Fritschle et al**
Motion filed to strike out Demurrer.
**Samuel Hamilton vs 951 John Christopher et al**
Motion for order to examine plaintiff filed.
**The Douglass Axe Manufacturing Company vs 817 John McDowell and George McDowell**
Now at this day comes the plaintiff, by its attorney, but the defendants although duly summoned and called come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendants as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of four hundred and seventy five dollars and twenty seven 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 also its costs and charges herein expended and have execution therefor.
**T and C Slevin vs 812 C Fritz et al.**
Notice of Dismissal as to Henry Gronheim filed.
**George Schoenthals vs 247 Charlotte Schoenthals**
Answer filed by defendant.
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**John Byrne Jr vs M Henry W Williams and Thomas Mashall**
On note.
Now at this day comes the plaintiff, by his attorney but the defendants, although duly summoned and called come not, but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of three hundred and ninety two dollars and eighty 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 also his costs and charges herein expended and have execution therefor.
**John Byrne Jr vs 788 Henry W Williams and Christopher W Spalding**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of three hundred and seventy one dollars and eighteen 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 also his costs and charges herein expended and have execution therefor.
**John C Pother et al vs 52 John McDowell**
Inter plea of A Meier filed. Two weeks time given Joseph S Hubbard to file an inter plea herein.
**John J Anderson, Reuben L Anderson, & Erastus H Gaylord. vs 541 George Wood, and George J King.**
On note.
Now at this day come the plaintiffs, by his attorney, and dismisses this suit as to the defendant, George Wood, but the defendant, King, although duly summoned and called comes not but makes default wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of two hundred and seventy one dollars and ninety five cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant, George J King, the Sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
**William C Jamison vs M Robert W Hunt**
Now at this day comes the plaintiff into open Court and acknowledges to have received full and entire satisfaction of the judgment heretofore rendered herein.
John Girard vs Franklin Ins Co:. . . . Demurrer filed.
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**John J Anderson, Reuben L Anderson, and Erastus H Gaylord. vs 612 Charles J Wilson**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendant, although duly summoned and called come not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of four hundred and sixty two dollars and ninety eight 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 also their costs and charges herein expended and have execution therefor.
**Thomas Caldwell et al vs M Andrew J L Stevens garns of John McDowell**
Dismissal.
It appearing to the Court that the plaintiffs have failed to file interrogatories herein within the time prescribed by law, therefore on motion of the garnishee it is ordered by the Court that he be discharged hence, at the costs of the said plaintiffs and that execution issue therefore. Five dollars allowed garnishee for appearing herein.
**Thomas Caldwell vs M Andrew J L Stevens garns of John McDowell**
Dismissal.
It appearing to the Court that the plaintiffs have failed to file interrogatories herein, therefore on motion of the garnishee, it is ordered by the Court that he be discharged hence, at the costs of the said plaintiffs and that execution issue therefore. Five dollars allowed garnishee for appearing herein.
**Alexander B Davidson vs 659 Joseph Kohn**
On notes.
Now at this day comes the plaintiff, by his attorney, but the defendant although duly summoned and called comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendant as confessed. And the Court finds from the instruments of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of Eight hundred and forty three dollars and twenty one cents. It is therefore considered by the Court that the said plaintiff recover of the defendant the sum aforesaid in form aforesaid as found, and also his costs and charges herein expended and have execution therefor.
**Elisha W Brown, Archibald C Goddin, James T Johnson & Barton S Wilson. vs M William D Sappington**
On note.
Now at this day come the plaintiffs by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. And the Court finds from the instrument of writing on which this action is founded, that the defendant is indebted to the plaintiffs in the sum of two hundred and nine dollars and twenty nine cents. It is therefore considered by the Court that the said plaintiffs recover of the said
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defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
**David C Peacock vs 305 Cornelius D Sullivan et al**
Leave is given plaintiff to withdraw note sued on, on leaving copy. Copy filed and note withdrawn.
**Joseph Charless et al vs 311 The Chicago Alton and St Louis Rail Road Company**
On motion of the plaintiffs, by their attorney, leave is
given the Sheriff to amend his return on the Writ herein, by
adding, immediately after the word St Louis, the words, said Brown having charge of said office and the President of said Company being absent from this State ; which amendment is accordingly made.
**Americus V Potter et al vs 607 William O Wheeler et al**
Dismissal.
Now at this day come the plaintiffs, by their attorney, and dismiss this suit as to the defendant John N Boffinger.
**Sarah Harsh vs 556 Solomon Sonneborn**
On note.
Now at this day comes the plaintiff, by their attorney, and moves the Court to strike out the demurrer to the petition herein, and the Court having duly heard, and considered the said motion doth order that the same be sustained: and thereupon the defendant being duly summoned and called comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendant as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of four hundred and fifty five dollars and sixty one cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**John Sappington vs 276 Robert W Hunt and William McDonald.**
On note.
Now at this day comes the plaintiff, by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of Eight hundred and forty seven dollars and thirty 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 also his costs and charges herein expended and have execution therefor.
**Peter Kessler vs 17 John Valentine & Hirschfeld**
Alias Writ ordered returnable to the next term of this Court.
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**John H Sale vs M John M Clarkson and Charles S Rannells**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendants, Clarkson, but the defendant, Rannells, although duly summoned and called, comes not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendant as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant, Rannells, is indebted to the plaintiff in the sum of One hundred and seventy one dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**Philip C Mauro vs 615 Anthony H Menkens, Thomas S Nelson, and Francis H Manter**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of one hundred and fifty six dollars and eighty 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 also his costs and charges herein expended and have execution therefor.
**Benjamin W Chase vs 590 John T Chappell and Frank V Valli**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of fourteen hundred and sixty six dollars and fifty one 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 also his costs and charges herein expended and have execution therefor.
**James Hewett, John J Roe and Robert V Kerchwal vs 666 William E Finch & George E Finch.**
On note.
Now at this day come the plaintiffs by their attorney and dismisses this suit as to the defendant William E Finch but the defendant, George E Finch, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant, George E Finch, is indebted to the plaintiffs in the sum of two hundred and seventy two dollars and fifty three 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 also
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their costs and charges herein expended and have execution therefor.
**Morris L Hallowell, James Fraguair, Joshua L Hallowell, Arthur W Little, Thomas W Sweeney, and Enoch R Hutchinson. vs 610 Zadock A Rosenthal**
On note.
Now at this day come the plain tiffs, by their attorney,but the defendants, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of One hundred and nine dollars and twenty nine 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 also their costs and charges herein expended and have execution therefor.
**William B Crawford vs 688 Daniel D Page and Henry D Bacon**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Henry D Bacon, but the defendant Daniel D Page, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant, Daniel D Page, is indebted to the plaintiff in the sum of twenty five hundred and eight seven dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**John Whitehill and John W Hathaway vs 527 Edward Dobyns and James R Dobyns.**
On note.
Now at this day come the plaintiffs, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of four hundred and six dollars and forty 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 found and also his costs and charges herein expended and have execution therefor.
**William Renshaw Jr vs 703. William O Wolf and Alexander Boyd**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, William O Wolf, but the defendant, Alexander Boyd, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. And the Court
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finds from the instrument of writing on which this action is founded that the defendant, Alexander Boyd, is indebted to the plaintiff in the sum of two hundred and thirteen dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also her costs and charges herein expended and have execution therefor.
**Aaron Noble vs 676 Daniel D Page, Henry D Bacon, Thomas Brown, and Edward Wyman**
On Certificate of Deposit.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Henry D Bacon, but the defendants, Page, Brown, and Wyman, although duly summoned and called, come not but make default wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of Eight hundred and fifty four dollars. 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 also his costs and charges herein expended and have execution therefor.
**Alfred E Tilton vs 674 John M Wimer**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendant as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of five hundred and thirty five dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**William H Dunbar vs 553. Daniel D Page, Henry D Bacon, and Thomas Brown**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Henry D Bacon, but the defendants, Page and Brown, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument on which this action is founded that the defendants, Page and Brown, are indebted to the plaintiff in the sum ten hundred and forty four dollars and sixty two 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 also his costs and charges herein expended and have execution therefor.
**William F Ross and James Ballard vs 598 D W Wheeler and A Becker**
Default.
Now at this day come the plaintiffs by their attorney, but the defendant, D W Wheelers, although duly summoned and
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called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defen dant as confessed.
**Ishmael Lee vs M Daniel D Page, Henry D Bacon, and Thomas Brown**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Henry D Bacon, but the defendants, Page and Brown, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants, Page and Brown, are indebted to the plaintiff in the sum Six hundred and nine dollars and ninety nine 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 also his costs and charges herein expended and have execution therefor.
**John Riggin Junior vs 282 Philip S Lanham, Charles L Hunt, William C Woodson, William P Fenn, R H Stevens, Walter H Dorsett Robert A Walton, & John McDowell**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called come not but make default; wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum twenty six hundred and forty nine dollars and forty cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum afore said in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**David Olyphant, George T Olyphant, and Robert M Olyphant vs 175 Daniel D Page, Henry D Bacon, and Thomas Brown**
On note.
Now at this day come the plaintiffs, by his attorney, and dismiss this suit as to the defendant, Henry D Bacon, but the other defendants, although duly summoned and called, come not but make default; wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum twenty five hundred and forty four dollars and sixteen cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
A F Hummitch vs Franklin Ins Co: . . Demurrer filed.
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**Henry Von Phul vs 732 Herman H Brocksmith**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendant as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum Eight hundred and twenty five dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**Nathan S Rannells vs 780 Joseph G Shands and William O Shands**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, comes not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of four hundred and twenty seven dollars and seven 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 also his costs and charges herein expended and have execution therefor.
**Harman Schlegel vs 335 Charles Gruner**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the him as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of three hundred and seventy six dollars and seventy five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**Francis W Thompson vs 420 John Koons.**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default; wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the him as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of Seven hundred and seventy nine dollars and forty nine cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges in this behalf expended and have execution therefor.
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**Esther Ewing vs 454 William S Swymmer and John L Chandler**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, comes not but make default; wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of three hundred and thirteen dollars. 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 also his costs and charges herein expended and have execution therefor.
**Hendrick Trip vs 396 Charles F Hoelzle and Arthur Olshausen**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and and called, come not but make default, wherefore; on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of Seven hundred and eighty five dollars. 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 also his costs and charges herein expended and have execution therefor.
**De Witt C Brown vs 686 Daniel D Page and Henry D Bacon**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Henry D Bacon, but the defendant, Page, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant, Daniel D Page, is indebted to the plaintiff in the sum of twenty one hundred and fifty six dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**The State Savings Institution vs 292 William Streit, Michael Dieffenbach, J M Dodge,. . . . Burch and.. . . . Couper.**
On note.
Now at this day comes the plaintiff, by its attorney, and dismisses this suit as to the defendants, J M Dodge,. . . . Burch and . . . Cooper, but the defendants, Dieffenbach and Streit, although duly summoned and called, come not but make default; wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants
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are indebted to the plaintiff in the sum of five hundred and thirty six dollars and ninety cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants, Streit and Dieffenbach, the sum aforesaid in form aforesaid as found and also its costs and charges herein expended and have execution therefor.
**Thomas Green vs 611 George B Field and William Hassinger**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, George B Field, but the defendant, Hassinger, although duly summoned and called, comes not but makes default; wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. And the Court finds from the instruments of writing on which this action is founded that the defendant, William Hassinger, is indebted to the plaintiff in the sum of six hundred and forty dollars and sixty cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**Jerome J Meyer vs 608 E K Woodward**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of ten hundred and seventy dollars. It is therefore considered by the Court that the plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**James Martin, J Wills Martin, George Martin, Samuel Simmons, and D C Ririnus vs M John T Chappell & Frank K V Valle**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendants as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of Six thousand and twenty eight dollars and twenty nine cents. It is therefore considered by the Court that the plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
**George Lefevre and George G Greene vs 506 Walter D McIndoe & Thomas Hinton.**
Default.
Now at this day come the plaintiffs by their attorney, but the defendant, McIndoe, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs it is ordered by the petition herein be taken against him as confessed.
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**Nance Edmondson now Link vs 289 Nn T 52 Francis B Edmondson, Robert H Edmondson, Lucinda R R Edmonson, Benjamin Edmondson, Mary, Edmondson, Elizabeth A Edmondson, and Charles A Edmondson.**
Now at this day comes the plaintiff by her attorney and file a motion for an execution against the defendants for the yearly instalment due to the plaintiff, Nancy Link, upon the Seventeenth day of May last, in accordance with the judgment rendered herein on the twenty ninth day of January eighteen hundred and fifty five; and the Court having duly heard and considered the said motion doth sustain the same, and doth order that execution issue against the defendants for the sum of two hundred and fifty dollars with interest thereon at the rate of six per cent per annum and for her costs.
**Sophia A Hicks vs 20 Charles Carroll Hicks**
Order of Publication.
Now at this day comes the plaintiff, by her attorney, and files a petition and affidavit herein, and the Court being satisfied therefrom that the defendant is not a resident of the State of Missouri, it is ordered that he be notified that a civil action has been commenced against him in this Court, the object of which is to obtain a decree of divorce from the bonds of matrimony existing between plaintiff and defendant on the ground of desertion, and unless he be and appear at the next term of this Court to be begun and held at the City of St Louis, within and for the County of St Louis, on the fourth Monday of February next, and on or before the Sixth day thereof answer the plaintiffs petition, the same will be taken against him as confessed. It is further ordered that a copy hereof be published, according to law, in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
**John Epes Cowan vs M.. . . . Blair**
Ten days additional time allowed to plead.
**William T Gray vs 552 Joseph B Holland**
Dismissal.
By consent of parties it is ordered by the Court that this suit be dismissed at the costs of the defendant and that execution issue therefor.
**Percival Platt vs 10 William Bevard**
Time for answering extended to twenty first instant.
**Benn C Platt vs 11 William Bevard**
Time for answering extended to twenty first inst
**Jacob H Eimer et al vs 22 William Beste et al**
Motion to strike out interplead filed.
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**George Todd vs 724 Charles L Heywood, et al**
Alias Writ ordered Returnable to the next term of this Court.
**David C Peacock vs 305 Cornelius D Sullivan et al**
Motion to strike and parts of answer filed.
**Samuel Gaty et al vs 759 Home Mutual Fire and Marine Ins Co**
Demurrer filed.
**Samuel Gaty et al vs 757 Pacific Ins Co**
Demurrer filed.
**A F Hummitsch vs 755 St Louis Mutual Fire Ins Co**
Demurrer filed.
**William Sausser vs J T Greene garns of Cooper**
Demurrer filed.
**The Bank of the State of Missouri vs M Francis McFaul, John KirKpatuck and Eneas McFaul's garns**
On motion it is ordered that the garnishees herein be discharged at the costs of said plaintiff and that execution issue therefore. Five dollars is allowed the garnishees.
**James Castello vs 526 Michael S Cerre**
In the matter of the Contested Elections.
Now at this day come the contestant and defendant by their respective attorneys and having argued the motion to quash notice and dismiss proceedings submit the same to the Court, and the Court not being sufficiently advised takes time to consider thereof.
Court met pursuant to adjournment. Present as before.
**John J Outley vs M Miles G Moies**
Confession of Judgment.
Now at this day comes the defendant and files a statement in writing duly verified by affidavit whereby he confesses himself indebted to the plaintiff in the sum of five thousand eight hundred and ninety seven dollars and eighty seven cents, and consents that judgment may 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 execution therefor.
**Timothy O Riordan vs 196 Henry Brundy**
Alias Writ ordered returnable to the next term of this court.
Judith Barnfield vs John W Barnfield. Answer filed.
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**Peter D Muller vs 250 Edward Wyman, Jame A Grant and William Nesbitt**
On notes.
Now at this day comes the plaintiff, by his attorney, but the defendants although duly summoned and called comes not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against their as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of thirty five hundred and seventy six dollars and seventy one 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 also his costs and charges herein expended and have execution therefor. Judgment to bear interest at the rate of ten per and per annum.
**The German Savings Institution vs 690 Jacob Tamm and Henry Meyer**
Dismissal.
On motion of plaintiff, by its attorney, it is ordered by the Court that this suit be dismissed at the costs of said plaintiffs and that execution issue therefor.
**The State Mutual Fire and Marine Insurance Company vs 174 Daniel Weaver**
Motion to strike out answer and for Judgment filed.
**Charles Bruno, Herman Weissenborn, and Richard Morris, vs 345 Jacob Nathans.**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendant although duly summoned and called comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of four hundred and twenty one dollars and seventy 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 also their costs and charges herein expended and have execution therefor.
**John M Orem & William S Hopkins vs 157 Henry F Cross, Thomas H Simpson, and Franklin Field.**
On notes.
Now at this day come the plaintiffs by their attorney, but the defendants, although duly summoned and called come not but make default, where fore on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of thirty one hundred and nineteen dollars and fifty cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
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**First Ward Savings Institution vs M A W Streit and John C Degenhardt**
On note.
Now at this day comes the plaintiff by its attorney but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of four hundred and twenty nine dollars. 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 also its costs and charges herein expended and have execution therefor.
**The New Albany Insurance Company vs M William Hart**
On Bill of Exchange.
Now at this day comes the plaintiff by its attorney, and thereupon comes Nathaniel McDonald, Esg, attorney for the defendant, and waives service of process, and enters the appearance of the defendant herein. And said defendant, by his attorney, wair ing all defence hereto by answer or otherwise, this cause is submitted to the Court: And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of five hundred and eighteen dollars and fifty cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also its costs and charges herein expended and have execution therefor.
**Samuel Montgomery vs 256 William Hart, Thomas J Stewart, William Willett and Elizabeth Philips.**
On Due Bill.
Now at this day comes the plaintiff by his attorney and dismisses this suit as to the defendants, Willett and Philips, but the defendant, Stewart, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed: and thereupon comes Nathaniel McDonald, attorney for the defendant, Hart, and waives service of process and enters the appearance of the said defendant herein: and waiving all defence hereto by answer or otherwise submits this cause to the Court. And the Court finds from the instrument of writing on which this action is founded that the defendants, Hart and Stewart, are indebted to the plaintiff in the sum of fifty one dollars and thirty seven 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 also its costs and charges herein expended and have execution therefor.
**John A Smith vs 254 William Hart and Thomas J Stewart**
On Bill of Exchange.
Now at this day comes the plaintiff, by his attorney, but the defendant, Stewart, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed: And therefor
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comes Nathaniel McDonald, Esg, attorney for the defendant, Hart, and waives service of process and enters the appearance of the said defendant herein: And said defendant waiving all defence hereto by answer or otherwise, this cause is submitted to the Court. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of Six hundred and twenty dollars and five 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 expended and have execution therefor.
**The National Insurance Company vs 255 William Hart and Thomas J Stewart**
On Bill of Exchange.
Now at this day comes the plaintiff, by its attorney, but the defendants, Stewart, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. And thereupon comes Nathaniel McDonald, Esg, attorney for the defendant, Hart, and waives service of process and enters the appearance of the said defendant herein; and the said defendant, Hart, waiving all defence hereto by answer or otherwise, this cause is submitted to the Court. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of Six hundred and twenty dollars and five 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 expended and have execution therefor.
**Henry C Doardman vs M John Giles, William McDonald, and Robert W Hunt.**
On note.
Now at this day comes the plaintiff by his attorney, and dismisses this suit as to the defendant, John Giles, but the other defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants, William McDonald and Robert W Hunt, are indebted to the plaintiff in the sum of one hundred and eighty nine dollars and seventy five 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 expended and have execution therefor.
**First Ward Savings Institution vs 427 Henry C Lynch and George W Lynch**
On note.
Now at this day comes the plaintiff by its attorney but the defendants, although duly summoned and called come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of four hundred and fifty five dollars and seventy five
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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 its costs and charges herein expended and have execution therefor.
**Enoch H Wakefield and Nelson Howe vs 575 William A Nelson**
On note.
Now at this day come the plaintiffs by their attorney but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of three hundred and forty four dollars and sixty three cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor. Judgment to bear interest at the rate of ten per cent per annum.
**Henry Van Studdiford vs M William P Fenn and Charles L Hunt**
On note.
Now at this day comes the plaintiff by his attorney but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of Six hundred and seventy one dollars and fifty seven cents. It is therefore considered by the Court that the plaintiff recover of the said defendants the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**John Wolff and John J Hoppe vs 455 Louis Magnus**
On account.
Now at this day come the parties by their respective attorneys and consent and agree that judgment may be rendered against the defendant in favor of the plaintiffs for the sum of two hundred and seventy four dollars and eighty six cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as agreed upon and also their costs and charges herein expended and have execution therefor.
**C Rodney Montague vs 717 John Stickel, Jesse Arnot and Anderson Arnot.**
On note.
Now at this day comes the plaintiff, in his own proper person, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two hundred and forty four dollars and thirty five cents. It is therefore considered by the Court that the plaintiff recover of the said defendants the sum aforesaid as found and also his costs and charges herein expended and have execution therefor.
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**Viewer Page 76** (rcdbook1858_28_0075.jpg)
> Handwritten Page Number on Record Book: 70
**William Nisbet and Co vs M Peter Reinhart, Sebastian Engert, and Theodore Wolf**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendants, although duly summoned and called, come not but make default; wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of three hundred and thirty two dollars and fifteen cents. It is therefore considered by the Court that the plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
**Edward C Sloan vs 738 George B Field and Adam Road.**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Field, but the defendant, Road, although duly summoned and called, comes not but makes default; wherefore, on motion of the plaintiffs attorney it is ordered by the Court that the petition herein be taken against him as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant, Road, is indebted to the plain tiff in the sum of three hundred and one dollars and twenty cents. It is therefore considered by the Court that the plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found, and also his costs and charges herein expended and have execution therefor.
**Samuel S Dauglass, James B Gazzam and James E Breading vs M Thomas E Mason**
Confession of Judgment.
Now at this day comes the defendant and files a Statement in writing, duly verified by affidavit, whereby he confesses himself indebted to the plaintiffs in the sum of twenty five hundred dollars, and consents and agrees that judgment may be rendered against him in favor of the plaintiffs 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 their costs and charges herein expended and have execution therefor.
**Freeman Little vs 749 John A Smithers, and George W Sherrick.**
Default.
Now at this day comes the plaintiff, by his attorney, but the defendant, Smithers, although duly summoned and called, comes not but makes default; wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. On motion of said plaintiff, by his attorney, it is ordered by the Court that an alias Writ issue for the defendant, Sherrick, returnable to the next term of this Court.
Henry Heper vs George Jackson:. . . . Answer and Counter claim filed.
James G Human et al vs Henry J Cuniffe et al: Answer and counter claim filed.
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**Viewer Page 77** (rcdbook1858_28_0076.jpg)
> Handwritten Page Number on Record Book: 71
**Thomas S Page vs 337 Albert Becker**
Dedimus awarded.
On motion of plaintiff, by his attorney, it is ordered that a dedimus issue to the State of Jowa to take depositions of witnesses to be read on the trail of this cause on behalf of, said plaintiff. Leave is given plaintiff to withdraw Exhibits herein, on leaving, copies. Copies filed, Exhibits withdrawn.
**Archibald C Goddin, James T Johson, Barton & Wilson and Elisha W Brown vs 16. John Nevison**
Proof of Publication.
Now at this day come the plaintiffs by their attorney and file proof satisfactory to the Court that the order of publication heretofore made herein has been duly published according to law.
**David Anderson et al vs 53 Myron F Benjamin et al**
Proof of Publication.
Now at this day come the plaintiffs, by their attorney, and file proof satisfactory to the Court that the order of publication heretofore made herein has been duly published according to law.
**David Anderson et al vs 54 Myron F Benjamin et al**
Proof of Publication.
Now at this day come the plaintiffs, by their attorney, and file proof satisfactory to the Court that the order of publication heretofore made herein has been duly published according to law.
**Edward Bredell et al vs 314 Jane Powell et al**
Appointment of Guardian ad litem.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that William R Biddlecome be, and he is hereby appointed guardian ad litem of Elizabeth B Powell and Julia R Wilgus, infant defendants herein, Whereupon, the said William R Biddlecome files his consent to act as such guardian ad litem.
**Reuben Loch et al vs 630 William P Shryock.**
Motion to strike out parts of answer, filed.
**George Fitzpatrick et al vs 706. Emanuel Block et al**
Answer of James George filed.
**William Patrick et al vs 836 The Home Mutual Fire and Marine Ins Co garns**
Motion filed by garnishee to quash service.
**Richard Emerson and Nathan Johnson, vs 234. . . . . Jones, . . . . . Covell and Morison**
On motion of the plaintiffs by their attorney, it is ordered by the Court that J D Jones, J Covell,
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**Viewer Page 78** (rcdbook1858_28_0077.jpg)
> Handwritten Page Number on Record Book: 72
and G W Morris, the principals, and Wilson G Larimore, the security, in the bond given for the production and delivery of the property herein attached, produce and deliver said property, to wit: fifteen young America born Mills, fifteen extra grinders, two washing machines, one writing desk, one stove and pipe, and five chairs. to the Sheriff of St Louis County, at his office, in the City of St Louis. It is further ordered that James Castells, late Sheriff of St Louis County, assign the forthcoming bond herein to plaintiffs.
**Thomas Yeatman and Lucretia his wife, and Thomas Yeatman, Jr, by James E Yeatman his next friend vs M Nathaniel Pope, Douglass, Pope, Kenneth Mackenzie, and James H Lucas.**
Proof of Pub_Appointment of Guard ad litem &c
Now at this day come the plaintiffs, by their attorney, and file proof satisfactory to the Court that the order of publication heretofore made herein has been duly published according to law; therefore the Court appoints John T Douglass, guardian ad litem for Nathaniel Pope, Douglass, Pope, Cornelia Pope, John Pope, who files his consent to act as such: And by consent and agreement of parties filed herein, it is ordered by the Court that this cause be transferred to the St Louis Land Court for trail, and that the Clerk of this Court make out a full and complete transcirpt of the record and proceedings herein and deliver the same duly certified to the Clerk of said Court.
Court met pursuant to adjournment. Present as before.
Michael S Cerre, Esg, Sheriff of St Louis County, comes in open Court, and acknowledges the execution of a deed by him, as Sheriff, to William S Hillyer of all the night, title, interest, claim, estate and property of Alonzo Cutler in and to the following described property, to wit: Beginning at a point in the South front line of Olive street, distant Westwardly one hundred and fifty feet from the North East corner of Block no 505 of the city of St Louis, State of Missouri, thence Westwardly with the said South line of Olive street forth eight feet, thence Southwardly and parallel with Thirteeth street one hundred and nine feet and one inch to an alley, thence Eastwardly with the North line of said alley forty eight feet, thence Westwardly and with the same parallel as before one hundred and nine feet and one inch to the place of beginning: bounded North by Olive street, South by an alley, East by lot formerly of James J Sanger, and West by lot now or formerly of Lucas. Sold by virtue of an execution issued from the Office of the St Louis Circuit Court in favor of William R Calladay and against Alonzo Cutler.
**Ellen Doegan vs 537 Thomas T Doegan**
Answer filed.
**James H Eddy vs 223 Benjamin F Beasley**
Answer filed.
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**Viewer Page 79** (rcdbook1858_28_0078.jpg)
> Handwritten Page Number on Record Book: 73
**Edward Bredell et al vs 314 Jane Powell et al.**
Proof of Publication.
Now at this day come the plaintiffs, by their attorney, and file proof satisfactory to the Court that the order of publication made by the Clerk, in Vacation, has been duly published according to law.
**John Matthews, Jr, Leonard Matthews and William H Matthews vs 883 Seth Johnson Jr**
Confession of Judgment.
Now at this day comes the defendant, and files astatement duly verified by affidavit, whereby he confesses him self indebted to the plaintiffs in the sum of One hundred and ninety five dollars and eighty five cents and consents to that judgment may be rendered against him and in favor of the plaintiffs 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 herein expended and have execution therefor.
**The Peoples Savings Institution vs 856 Herman Grundt, Corneluis D Sullivan & Jeremiah T Sullivan**
Satisfaction acknowledged
The plaintiff, by James Taussing, its attorney, comes in open Court, and acknowledges to have received full and entire satisfaction of the judgment rendered May 4 1858 for the sum of ten hundred and seventy five dollars and thirty five cents, against the defendants.
**Jeremiah Cadmus vs 13 Daniel D Page and Henry D Bacon**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants although duly summoned and called come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of One hundred and seventy six dollars and seventy eight 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 herein expended and have execution therefor.
**Edward V Bryan, Addison L Hardcastle, and George T Hardcastle vs M Henry S Martin and Charles W Irwin**
On notes.
Now at this day come the plaintiffs by their attorney but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of five hundred and fifty six dollars and thirty seven cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges in this behalf expended and have execution therefor.
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**Viewer Page 80** (rcdbook1858_28_0079.jpg)
> Handwritten Page Number on Record Book: 74
**George F Fein vs 874 Jeannett Brooks garnishee of John Valentine et al**
Garns discharged. No allegations filed.
Now at this day comes the garnishee, by his attorney, and on his motion it is ordered by the Court that he be discharged hence at the costs of the plaintiffs, and that execution issue therefor. Five dollars allowed garnishee for appearing herein.
**Patrick Long vs M Southern Hotel Company garnishee of Fredk W Heitheman**
Garns on Exon, Garns discharged.
The plaintiffs having failed to file interrogatories within the time prescibed by law so to do, it is on motion of the garnishee by its attorney, ordered that it be discharged hence at the costs of the plaintiff and that execution issue therefor.
**Felix Coste et al vs 265 George W Sherrick et al**
On motion, ten days further time given the defendant, Sherrick, to file an answer herein.
**Crow McCreery and Company vs 614 Conrad Raith**
Dismissal.
On motion of the plaintiffs by their attorney, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiffs and that execution issue therefor.
**Felix Coste et al vs 265 The City of St Louis et al.**
Motion to strike out parts of petition, Demurrer to the Petition by the City, and Answer of OD Filley filed.
**Ludwig Krauss vs 184 Adam Krauss**
On motion the time for answering herein is extended ten days.
**The State Fire and Marine, Ins Co of Pennsylvania vs 689 The Callaway Mining & Manufacturing Company and others.**
On motion of the plaintiffs by its attorney, it is ordered that an alias writ issue herein returnable to the next term of this Court.
**Edward Pate vs 116 George D Moore et al**
By consent of parties ten days further time is given the defendant, W Achley, to file an answer hrerin.
**James Campbell et al vs 242 Thomas M Wolffe et al**
On motion of plaintiffs by their attorney, it is ordered by the Court that an alias Writ issue herein.
**Patrick Higgins vs 26 Ellen Higgins**
Answer filed.
**August Leise vs 480 Bernard Raevie**
Answer filed.
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**Viewer Page 81** (rcdbook1858_28_0080.jpg)
> Handwritten Page Number on Record Book: 75
**William F Enders et al vs 585 Diederick H Lackman**
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiffs and that execution issue therefor.
**Augustus F Shapleigh et al vs 35 Charles Bonteam et al.**
Proof of Publication.
Now at this day come the plaintiffs by their attorney, and file proof satisfactory to the Court that the order of publication hereof made herein has been duly published according to law.
**Augustus F Shapleigh et al vs 57 Charles Bonteam et al.**
Proof of Publication.
Now at this day come the plaintiffs by their attorney, and file proof satisfactory to the Court that the order of publication hereof made herein has been duly published according to law.
**Augustus N Berthoud receiver &c vs 805 John P Callahan**
Ten days additional time to answer.
**Augustus N Berthoud, receiver &c vs 807 William H Haydon**
Ten days additional time to answer.
**The Firemans Insurance Company vs 199 William Dwyer and James McCord garnishes of W Hart**
Garns discharged.
The plaintiff having failed to fie interrogatories within the time prescribed by law so to do, it is, on motion of the garnishees, by their attorney, ordered that they be discharged hence at the costs of the said plaintiff and that execution issue therefor.
**Issac T Vanduzer et al vs 564 A S Devin et al**
Answer of W W Morris filed.
**James Low et al vs 472 Joseph A Eddy et al**
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiffs, and that execution issue therefor. Leave is given the plaintiffs to withdraw the notes sued on.
**Andrew J Morrison vs 692 William C Hall**
Amended petition filed by leave of Court.
**State use of John Decker vs 222 William D'Oench et al**
Answer filed.
**Joseph Garneau vs 470 Christian Schaeffer et al**
Answer filed.
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**Viewer Page 82** (rcdbook1858_28_0081.jpg)
> Handwritten Page Number on Record Book: 76
**George B Murray vs 697 Joseph M Ames et al**
Motion to strike out answer and for judgment filed.
The State of Missouri to use of Volcker vs 437 John W Ganhantral
Answer filed.
**James M Clark vs 224 Thomas L Rives et al**
Answer filed.
**Charles Mick vs 208 Alexander Guenadon et al**
Answer filed.
**Joseph C Johnson vs M James Adams**
Answer filed.
**C Veil vs 782 Peter Gazzala**
Demurrer filed.
**Philip Stammeler vs 509 William Jrilling**
Answer filed.
**Justus Teuteberg vs 679 Harris Newman**
Demurrer filed.
**James Andrews vs 720 B M Lynch**
Answer filed.
**John Deinert vs 646 Jacob Mussler**
Answer filed.
**Richard Knight vs 702 Samuel Hambleton**
Answer filed.
**Samuel H Bailey vs 350 Isaac T Wise**
Answer filed.
**Derris Emmons vs 26 A B Fenton et al**
Answer filed.
**Priscilla Baltimore vs 6 Jackson Bodkins**
Answer filed.
**Augustus Berthoud receiver vs 804 Henry F Watson**
Answer filed.
**Michael Murphy vs 844 Sands E Sellick garns of Campbell et al**
Answer filed.
**Jacob Eimer et al vs 838 M Nolan garns of Beste & Grima**
Answer filed.
**Jacob Eimer et al vs 838 David McIntire garns of Beste and Grima**
Answer filed.
**William E Wilson vs 823 St Louis Mutual Fire and Marine Ins Co**
Answer and Exhibits filed.
**Henry Buesmeyer vs 512 John Nicholay et al**
Answer of John Nicholay filed.
**Henry T Mudd et al vs 498 George Y Bast**
Answer filed.
**St Bt W M Morrison vs 290 Brown, Goddin & Co**
Answer filed.
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**Viewer Page 83** (rcdbook1858_28_0082.jpg)
> Handwritten Page Number on Record Book: 77
**Thomas B Robertson vs 211 William R Carson**
Answer filed.
**John D S Haslett vs 185 John Decker**
Answer filed.
**John B Farmington et al vs 221 Joseph Meek et al**
Answer filed.
**George G Presbury vs 740 Marcus A Wolff**
Demurrer filed.
**R Wohlien vs 448 John Woolf**
Demurrer filed.
**Felix Coste et al vs 265 The City of St Louis et al**
Motion to strike out parts of petition filed.
**John McKnight vs 354 George W Lynch**
Motion filed to set aside judgment.
**Herman Gelpke et al vs 430 Henry Pike.**
Motion filed to strike out answer.
**Jacob Busch et al vs 751 Franklin Ins Co**
Time for answering herein is extended twenty days.
**Jacob Bersch et al vs 754 Saint Louis Mutual Insurance Company**
Time for answering herein extended twenty days.
**Jacob Bersch et al vs 756 Pacific Ins Company**
Time for answering herein extended twenty days.
**Jacob Bersch et al vs 758 The Home Mutual Insurance Company**
Time for answering herein extended twenty days.
**William Patrick et al vs 760 Western Fire Ins Co**
Time for answering herein extended twenty days.
**Jacob Bersch et al vs 761 Globe Mutual Ins Company**
Time for answering herein extended twenty days.
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**Viewer Page 84** (rcdbook1858_28_0083.jpg)
> Handwritten Page Number on Record Book: 78
**John F Lohlein vs 691 Joseph Kuntz**
Motion for security for costs filed. Answer filed.
**Bernard Smith vs 56 William H Roberts**
Time for answering extended one week. Motion for security for costs filed.
**August Rigele et al vs 50 Frederick Sickemeyer**
Motion for security for costs filed. Demurrer filed.
**Presley Philips vs 146 Benjamin F Hutchinson et al**
Separate answer of B F Hutchinson filed.
**David Ansterson et al vs 5 David Hirsch garns of Benjamin et al**
Answer filed.
**Charles H Waters et al vs David Hirsch garns of Benjamin et al**
Answer filed.
**Henry Pike vs 870 David Hirsch garns of Benjamin et al**
Answer filed.
**A R McNair et al vs 269 M Lott et al**
Demurrer filed to amended petition.
**John McNeil vs 82 Bernhardt Midas**
Interplea of William C Jones filed.
**E Lowry vs 210 Lewis A Welton, James Moore, and Martin O Walker**
Order of Publication.
Now at this day comes the plaintiffs, by his attorney, and, on his motion, leave is given to amend the petition herein by inserting in the caption thereof the Christian name, James, of the defendant, Moore, and also the christian name, Mar tin O, of the defendant, Walkers; which amendment is accordingly made. And thereupon the plaintiff, by his attorney, files an additional affidavit herein, from which it appears to the Court that the defendants, James Moore and Martin O Walker, are not residents of the State of Missouri, it is therefore, on motion of said plaintiffs attorney, ordered that they be notified that a suit has been commenced against them founded on a bill of Exchange for the sum of four hundred dollars, drawn by Moore and Walker on Louis A Welton, in favor of T L Parker, of which the plaintiff is now the holders as endorsee; 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 within and for the County of St Louis, on the fourth Monday of February next, and on or before the third day
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**Viewer Page 85** (rcdbook1858_28_0084.jpg)
> Handwritten Page Number on Record Book: 81
thereof answer the plaintiffs petition the same will be taken against them as confessed. It is further ordered that a copy hereof be published according to law in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
**Jacob Eimer vs 838 M Nolen et al garns of Beste el al**
Motion to strike out answer filed.
**Lawrence Myers et al vs 133. William Monroe**
Dismissal.
By consent of parties, it is ordered by the Court that this said be dismissed at the costs of the plaintiffs and that execution issue therefor. Stipulation filed.
**Isabella Harper and Lavenia Harper. by their curator John Hartshom. vs M Andrew Harper, Lavenia Ballas, Emily C Holmes, and her husband Anthony Holmes, William M Smith, Andrew Smith, Louisa Hopkins, and her husband Hopkins and Ann E Smith**
Order of Publication.
Now at this day come the plaintiffs, by their attorney, and file a petition and affidavit, from which it appears to the Court that the defendants, William M Smith, Andrew Smith, Ann E Smith, Louisa Hopkins, and Hopkins, her husband, are not residents of the State of Missouri, therefore, on motion of plaintiffs attorney, it is ordered by the Court that they be notified that a petition has been filed in this Court, the object of which is to obtain a decree of this Court notifying and confirming the acts of Andrew Harper, as Executor of Thomas F Harper, deceased, and ordering the said Andrew Harper to pay over to said plaintiffs the sum of thirteen hundred and forty five dollars and seventy cents the portion of the proceeds of sale of land in Saint Louis County made by said Andrew Harper, executor as aforesaid on the day of March, 1857, coming to the said plaintiffs; 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, within and for the County of St Louis, on the fourth Monday of February next, and on or before the sixth day thereof, answer and show cause to the contrary the prayer of the said petition will be granted and a decree rendered accordingly. It is further ordered that a copy hereof be published, according to law, in the Missouri Republication, a newspaper printed and published in the City of St Louis. Answer of Lavinnia Ballas, Emily C Holmes and her husband Anthony Holmes, and also answer of Andrew Harper filed.
**Warren Reed vs 153 Frederick R Conway**
Jury, trail progresses.
Now at this day come the parties by their respective attourneys and thereupon come also a Jerry, to wit; Joseph Schrik, L D Burke, Edmund Fleming, George Fries, Frank Glener, Clemence Mennie, George M Ferguson, A Rice, John Bergy, Edmund Dean, W P Shryock, and F W Thompson, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, the trail progressed, but not being concluded at
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**Viewer Page 86** (rcdbook1858_28_0085.jpg)
> Handwritten Page Number on Record Book: 82
the hour of adjournment further proceedings herein are laid over unti to morrow morning.
Court met pursuant to adjournment. Present as before.
**Albert Barnes vs 609 William Hassinger**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of plaintiffs attorney, it is ordered by the Court the petition herein be taken against him as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of twelve hundred and thirty dollars and ninety four cents: it is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor. Judgment to bear interest at the rate of ten per cent per annum.
**Samuel Johnston Jr vs 663 Hiram B Long and Washington West.**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called,come not but make default, wherefore on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two hundred and twenty eight dollars and eighty six cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**John Whitehill and John W Hathaway vs 528 John V Schenck**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of three hundred and ninety two dollars and eight cents. It is therefore considered by the Court that the plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
Bernard Smith vs William H Roberts:. . . . Answer filed.
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**Viewer Page 87** (rcdbook1858_28_0086.jpg)
> Handwritten Page Number on Record Book: 83
**James A Monks vs 619 Isaac T Greene and Franklin Weston**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of Six hundred and twenty eight dollars and ninety nine 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 herein expended and have execution therefor.
**Cortez Crocker vs 821 John Halliday, Ferdinand Welcker, Benjamin Brison and August Campe**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendants, Holliday and Welcker, but the defendants, Brison and Campe, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants, Brison and Campe, are indebted to the plaintiff in the sum of three hundred and thirty one dollars and sixty one cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as found and also his costs herein expended and have execution therefor.
**Samuel Mc Neilly vs M Eleazer J Reard and George W. Rearde**
On note.
Now at this day comes the plaintiff by his attorney, but the defendants although being duly summoned and called come not but make default. Wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of Six hundred and forty four dollars and sixty two cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as found and also his costs herein expended and have execution therefor.
**John Triplett vs 699 William C. Anderson Jr**
On note.
Now at this day comes the plaintiff by his attorney, but the defendant although being duly summoned and called comes not but makes default. Wherefore on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. And the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of Eight hundred and one dollars and seventy three cents. It is therefore considered by the Court that the said plaintiff recover of the defendant the sum aforesaid as found and also his costs herein expended and have execution therefor.
Edward J Gay et al vs A J L Stevens garns. Answer of garnishee filed.
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**Viewer Page 88** (rcdbook1858_28_0087.jpg)
> Handwritten Page Number on Record Book: 84
**Susan Tolbert vs M Bowman H Peterson Daniel White and William Fine**
On note.
Now at this day comes the plaintiff, by her attorney, and dismisses this suit as to the defendant, Daniel White, but the defendants, Fine and Peterson, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants, Peterson and Fine, are indebted to the plaintiff in the sum of One hundred and ninety two dollars and ninety two cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as found and her costs herein expended and have execution therefor.
**John J Anderson, Reuben L Anderson, and Erastus N Gaylord vs 542 Joseph A Barret, Mary T Barret, Anapias Rice and George Smizer**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of five hundred and twenty nine dollars and seventy cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
**Daniel G Taylor surviving partner of Taylor and Harrington vs 777 Henry S Green**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of One hundred and ninety five dollars and sixteen cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**Louis J Rankin vs 390 William Streit**
On notes.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court the petition herein be taken against him as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of three hun dred and eighty four dollars and seven cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
---
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> Handwritten Page Number on Record Book: 85
**Joseph O Sanger John M Clarkson and William H Sanger vs M Joseph B Holland**
On account.
Now at this day come, the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. And the plaintiffs, waiving aJury submit this cause to Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth assess the damages of the plaintiffs by reason of the promises in the petition mentioned at the sum of One hundred and eighty seven dollars, and sixty cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid afsefsed and their costs herein expended and have execution therefor.
**George W Cline and William C Jamison vs 520 William C Martin**
Default.
Now at this day come the plaintiffs but the defendant although duly summoned and called comes not but makes default, wherefore on motion of said plaintiffs is ordered by the Court the petition herein against him as confessed.
**George Lefevre and George G Greene 506 Walter D McIndoe and Thomas Hinton**
Attachment. Order of Publication.
It appearing to the satisfaction of the Court that the defendant, Thomas Hinton, cannot be summoned herein, it is, on motion of the plaintiffs attorney, ordered that the said Thomas Hinton be notified that a civil action has been commenced against him founded on a promissory note for the sum of five hundred and seventy dollars executed by the defendants to the plaintiffs and that his property has been attached and unless he be and appear at the next term of this Court, to be begun and held at the City of St Louis, within and for the County of St Louis, on the fourth Monday of February next, and on or before the third day thereof answer the plaintiffs petition, judgment will be 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 Missouri Democrat, a newspaper printed and published, in the City of St Louis.
**Benjamin F Hickman vs 25 Jules C Kingsbury and Alfred M Waterman.**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendanto are indebted to the plaintiffs in the sum of twenty three hundred and fifteen dollars and fifty 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 herein expended and have execution therefor.
John H Swift et al vs A J L Stevens garns of McDowell. Answer filed.
---
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> Handwritten Page Number on Record Book: 86
**George B Judd & Ellis N Leeds vs 631 Henry W Williams, Christopher W Spalding, John Hogan and Joseph Hodgman**
On note.
Now at this day come the plain tiffs, by their attorney, but the de fendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of two hundred and ninety one dollars and forty three cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and their costs herein and have execution therefor.
**George B Murray vs 601 Joseph A Barret, Mary L Barret, and John S Moore**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of six hundred and fifty dollars and eight 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 herein and have execution therefor. Judgment to bear ten per cent interest.
**Corneluis Haywood, Philip Crow, and William A Crow vs 636 James O Hara**
On note and account.
Now at this day come the plaintiffs, by their attorney, but the defendant although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. And the plaintiffs, waiving a Jury, submit this cause to the Court upon the petition, exhibits and proof, and the Court, having duly heard and considered the same, doth find that the defendant is indebted to the plaintiffs in the sum of two hundred and fifty four dollars and fifty two cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as assessed and their costs herein expanded and have execution therefor.
**George B Sanderson vs 591 Anton Jaeger and John Neff**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of ten hundred and seventy dollars and sixteen cents. It is therefore considered by the Court that the said plaintiff recover of the defendants the sum aforesaid as found and his costs and charges herein expanded and have execution therefor.
---
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> Handwritten Page Number on Record Book: 87
**George B Sanderson vs 589 James A Marsh, George W Sherrick and John A Smithers**
On note
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court, that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of five hundred and fifty dollars and two cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as found and his costs herein expanded and have execution therefor.
**M C White vs 593 William Hassinger**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney it is ordered by the Court that the petition herein be taken against him as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and sixty three dollars and fifty three cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid as found and also his costs herein expanded and have execution therefor.
**St Louis Lumbermen and Mechanics Insurance Company vs 677 William H Smith, R M Peay, Philip Ganbatz and Isaac T Greene**
On note.
Now at this day comes the plaintiff, by its attorney but the defendants, although duly summoned and called, come not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plain tiff in the sum of three hundred and eighty one dollars and twenty nine 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 also its costs herein expanded and have execution therefor.
**Samuel Kirkman and John W Luke. vs 586 William Hassinger and John O Brien**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of five hundred and twenty seven dollars and eighty cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs and charges herein expanded and have execution therefor.
---
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> Handwritten Page Number on Record Book: 88
**Pacific Insurance Company vs 648 Jacob Fritschle, August Frintschle an John Shiffman**
On note.
Now at this day comes the plaintiff, by its attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the defendants as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of three hundred and eighty seven dollars and thirteen 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 also its costs herein expanded and have execution therefor.
**St Louis Lumbermen and Mechanics Insurance Company vs 651 John Pipe and Robertson G Runyan**
On note.
Now at this day comes the plaintiff, by its attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of two hundred and eighty five dollars and twenty seven 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 also its costs herein expanded and have execution therefor.
**Laureston R Livingston, William R Copeland, James K Moorhead, Calvin Adams and David F McKee vs 678 John H Hall, Clark J Morton, and L A Hall.**
On note.
Now at this day come the plaintiffs, by their attorney, and dismiss this suit as to the defendant, L A Hall, and thereupon come the other defendants, by their attorney, and withdraw the demurrer to the petition herein, and consent and agree that judgment may be rendered against them in favor of the plaintiffs for the sum thirty nine hundred and seventy four dollars. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid as agreed upon and their costs herein and have execution therefor.
**Hervey Brown vs 429 Lewis Patterson**
On Lost note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the 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 that the defendant is indebted to the plaintiff by reason of the premises in the petition mentioned in the sum of three hundred and seventy three dollars and seventy five cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid
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> Handwritten Page Number on Record Book: 89
in form aforesaid as found and also his costs and charges herein expanded and have execution therefor.
**Bennet S Aden vs 103 David Dick and Robert W McClure**
Order of Publication. Attachment.
It appearing the satisfaction of the Court that the defendants cannot be summoned herein, it is therefore on motion of plaintiffs attorney ordered that the said defendants be notified that a civil action has been commenced against them for the sum of sixteen hundred and ninety six dol lars founded on five notes execution by the defendants under the name and style Dick and McClure, of which the plaintiffs is now the holder, as endorse; and their property has been attached and unless they be and appear at the next term of this Court to begun and held at the City of St Louis within and for the County of St Louis on the fourth Monday of February next and on or before the third day thereof answer the plaintiffs petition judgment will be 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, a newspaper printed and published in the City of St Louis.
**Hezekiah K Grant and Marcus Walker vs M Robert J Clay**
Confession of Judgment.
The defendant comes and files a statement duly verified by affidavit whereby he confesses himself indebted to the plaintiffs in the sum of fifteen hundred dollars and consents and agrees that judgment may be entered against him for that sum. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as confessed and their costs herein expended and have execution therefor.
**Louisa L Welson vs 290 Jesse W Wilson**
Default.
Now at this day comes the plaintiff, by her attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**Isabella Irwin vs 37 Atchison Irwin**
Default.
Now at this day comes the plaintiffs, by her attorney, but the defendants, although duly summoned and solemnly called, come not but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**Jacob Woodburn and Thomas Scott vs M Human H Brocksmith**
Default.
Now at this day come the plaintiffs by their attorney, but the defendants, although duly summoned and called come not but make default, wherefore on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
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> Handwritten Page Number on Record Book: 90
**John H Tighe et al vs 293 Joseph Toomer**
Default.
Now at this day come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**Peter A Steen vs 298 William O Wheeler and John Boffinger**
Default.
Now at this day comes the plaintiff, by their attorney, but the defendant, Wheeler, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**Louis Charleville vs 695 Zachauah Moore**
Default.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**Sophie Williams vs 83 William Williams**
Default.
Now at this day comes the plaintiff, by her attorney, but the defendant although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney it is ordered by the Court that the petition herein be taken against him as confessed.
**Franklin L Weber et al vs 39 Charles Harzig**
Default.
Now at this day comes the plaintiffs, by their attorney, but the defendant, although duly summoned and called comes not but make default, wherefore, on motion of the plaintiffs attorney it is ordered by the Court that the petition herein be taken against him as confessed.
**Johannes Link vs 18 Philippine Link**
Default.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff by his attorney, it is ordered by the Court that the petition herein be taken against her as confessed.
**Samuel Kirkman et al vs 742 Horace D Brady**
Default.
Now at this day comes the plaintiff, by their attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore, on motion of plaintiffs attorneys, it is ordered by the Court that the petition herein be taken against him as confessed.
James C Converse vs Andrew J L Stevens garns. Answer filed.
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> Handwritten Page Number on Record Book: 91
**David Black vs 1 Solomon Block**
Default.
Now at this day comes the plaintiff by his attorney but the defendant although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**David Black vs 2 Louis Block**
Default.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**Wood W McCamant vs 236 John Todd et al**
Proof as Publication.
Now at this day comes the plaintiff, by his attorney, and files proof satisfactory to the Court that the order of publication heretofore made herein has been duly published according to law.
**James Clark vs 19 Zachauah T Coffin**
Proof as Publication.
Now at this day comes the plaintiff by his attorney and files proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
**Hiram Johnson et al vs 753 William K Wilson**
Proof as Publication.
Default.
Now at this day comes the plaintiff by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney it is ordered by the Court that the petition herein be taken against him as confessed.
**Henry Overstolz et al vs 647 Abraham Depew.**
Default.
Now at this day come the plaintiffs, by their attorney, but the defen dant, although duly summoned and called, comes not but makes default, wherefore on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**James Raphaelsky vs 126 Mary Jane Rahaelsky**
Default.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against her as confessed.
**Walter Edgerton vs 407 Logan Sleeper et al**
Default.
Now at this day comes the plaintiff, by his attorney, but the defendant, Sleeper, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition be taken against him as confessed.
Mark C Stanfield vs A J L Stevens garns; ans of garnishee filed.
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> Handwritten Page Number on Record Book: 92
**John Wolff and John J Hoppe vs 192 Elias Marcus**
Default.
Now at this day come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs attorney it is ordered by the Court that the petition herein be taken against him as confessed.
**Julia Ann Hanna vs 134 Robert W McClure**
Default.
Now at this day come the plaintiffs, by her attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**James C McNeil Guardian of Cralvford Porter vs 135 Robert W McClure**
Default.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**James C McNeil guardian of Emma Porter vs 136 Robert W McClure**
Default.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**James C McNeil vs 137 Robert W McClure**
Default.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the said plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**Maria Louisa Betts vs 193 Levi North**
Default.
Now at this day comes the plaintiff, by her attorney, but the defendant although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**Julius H Walscheid vs 195 Levi North**
Default.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
John C Potter et al vs A J L Stevens garns: Answer of garnishee filed.
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**Viewer Page 97** (rcdbook1858_28_0096.jpg)
> Handwritten Page Number on Record Book: 93
**The State of Missouri vs 824 Frederick Dattelzweig and Leobol Berger**
Dismissal.
By Consent of parties ordered by the Court that this suit be dismissed at the costs of the defendants and that execution issue.
**Louis Margot vs 356 Mary Margot**
Dismissal.
On motion of the plaintiffs attorney, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiffs, and that execution issue therefor
**The United States Savings Institution vs M E Langenheinsacker garns of Paul Carlin et al**
Garns discharged.
The plaintiffs having failed to file interrogatories within the time prescribed by law so to do, it is on motion of the garnishee by his attorney ordered by the Court that he be discharged hence at the costs of the plaintiff and that execution issue therefor. Five dollars allowed garnishee.
**George Partridge, James Smith, William H Smith & Henry S Reid vs 443 D D Michaels & James Clark**
Order of Publication. Attachment.
It appearing to the satisfaction of the Court, that the defendants cannot be summoned herein, it is, therefore, on motion of plaintiffs attorney, ordered that they be notified that a civil action has been commenced against them founded on an account for the sum of two hundred and seventy three dollars and eighty two cents, for goods wares and merchandise sold and delivered by the plaintiffs to the 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, within and for the County of St Louis on the fourth Monday of February next, and on or before the third day thereof answer the plaintiffs petition, judgment will be 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, a newspaper printed and published in the City of St Louis.
**George B Cooper vs 811 St Louis Alton and Chicago Railroad Co**
Ten days additional time give to answer.
**Henry Murphy vs 393. Jacob Fritschle, Joseph G Shands & Robert Kerzinger**
Dismissal. Default.
Now at this day comes the plaintiff, by his attorney, but the defendant, Fritschle, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**Samuel H Garner vs 803 David B Armstrong**
Time for answering extended to October seventeenth on motion of the defendant.
Brey ve Barnet & Weber. Ten days further time given to answer.
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**Viewer Page 98** (rcdbook1858_28_0097.jpg)
> Handwritten Page Number on Record Book: 94
**John C Potter et al vs M The Southern Bank of St Louis et al garns.**
Garns discharged.
The plaintiffs having failed to file interrogatories within the time required by law as to do, it is on motion of the garnishee, by attorney, ordered by the Court that it be discharged hence at the costs of the plaintiffs and that execution issue thereofor. Five dollars allowed the garnishee for appearing herein.
**Francis Kellerman Jr et al vs 763. William Lingo et al**
Default.
Now at this day come the plaintiffs, by their attorney, but the defendant, Lingo, although duly summoned and called, comes not but makes default, wherefore on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**Robert M Henning et al vs 284 James Castello**
Dismissal.
By consent of parties, it is ordered by the Court that this suit be dismissed at the costs of the plaintiffs and that execution issue therefor. The defendant waives all claim for damages on account of the taking and detention of the property mentioned in the petition.
**James Delaney vs 161 James P Langford et al**
Answer and exhibit filed.
**Steam Boat Ben Boel vs M Horace D Conant garns**
Answer of garnishee filed.
**John J Haley, Charles J Morse and Addison Boyden vs 884 Francis Hofelman**
The plaintiffs, by their attorney, come a file a petition, and therefore come the defendant and enters this appearance to this action and waives the issue of process herein; and by consent of parties it is ordered by the Court that this cause be docketed as of this term.
**Warren Reed vs 153 Frederick R Conway**
Now at this day come again the parties by their respecttive attorneys, and also the Jury empannelled and sworn herein, and thereupon the trail of this cause progressed, but, not being finished, is laid over until to morrow morning at ten o clock.
**James Castello vs 826 Michael S Cerre**
In the matter of Contested Election.
Now at this day come again the parties by their respective attorneys, and the Court being now of said motion sufficiently advised, doth sustain the same and doth consider and adjudge that the notice of contest be held for naught and that the proceedings under the same be dismissed.
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> Handwritten Page Number on Record Book: 95
Court met pursuant to adjournment. Present as before.
**James Riggin Jr vs 263 Philip S Lanham, Charles L Hunt, William C Woodson, Wlliam P Fenn, Richard H Stevens, Walter H Dorsett, Robert A Walton & John McDowell**
On note.
Now at this day comes the plaintiffs by his attorney, but the defendants although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of twenty one hundred and thirty one dollars and twenty five 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 also his costs herein expended and have execution therefor.
**John Riggin Jr vs 264 Charles L Hunt, Walter H Dorset, Richard H Stevens, William C Woodson, Philip S Lanham, William P Fenn, and John McDowell**
On note.
Now at this day comes the plaintiffs by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of Eleven hundred and eighty nine dollars and fifty three 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 herein expended and have execution therefor.
**John Macdougall vs 171 Daniel D Page, Henry D Bacon and Thomas Brown**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendants, Page and Browns although duly summoned and called, come not but make default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants, Page and Brown, are indebted to the plaintiff in the sum of six hundred and seventy dollars and eighty 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 herein expended and have execution therefor.
**William Sausser vs 278 B F Cooper**
Default.
Now at this day comes the plaintiff, by his attorney, but the defendants although duly summoned and called, comes not but makes default, wherefore, on moof the said plaintiffs attorney, it is ordered by the Court that the petition herein be taken against the said defendant as confessed.
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> Handwritten Page Number on Record Book: 96
**Stephen Hout and George C Greene vs 567 William Hassinger, John O Brien and Peter A Ladew**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not, but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of Seven hundred and eight dollars and eighty five cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**John D Daggett vs 696 William Streit, Michael Dieffenbach and Caspar Schmetter.**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not, but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of two hundred and ninety three dollars and forty 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 herein expended and have execution therefor.
**James Lippincott John Lippincott, and William F Lippincott vs M John H Hall and Clark J Morton**
On note.
Now at this day come the parties by their respective attorneys and consent and agree that judgment may be rendered against the defendants in favor of the plaintiffs for the sum of Seven hundred and seventy three dollars and seventy six cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid as agreed also their costs herein expended and have execution therefor.
**David Anderson and John T Watson. vs 53 Myron F Benjamin, Orange W M Kinney, and J Elliott Duryee**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendants, although duly notified and called, come not, but make default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against them as confessed. And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of two hundred and ninety one dollars and sixty nine cents. It is therefore considered by the Court that the plaintiff recover of the said defendants the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefor against the property attached at the commencement of suit.
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**Viewer Page 101** (rcdbook1858_28_0100.jpg)
> Handwritten Page Number on Record Book: 97
**David Anderson, and John J Watson vs 54 Myson F Renjaiman, Frange W M Kenney, and J Elliott Duryee**
On note.
Now at this day come the plaintiff, by their attorney, but the defendant, although duly notefied and called, come not but make default, wherefore, on motion of plaintiff attoney, it is ordered by the Court that the petition herein be taken against them as confused. And the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of fourteen hundred and twenty dollar and ninty five cent. It is thefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in four aforesaid as found and their cent herein expended and have execution therefore against the property attached at the commoncement of this suit.
**Bartholomen Rasigalup vs 100 Dorminich Fapainn**
Default.
Now at this day come the plaintiff by his attorney but the defendant, although duly summonned and called, come not but made default, wherefore, on motion of plaintiff attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**Eldridgge G Davall, William H Keighler William J Rayd and Philip P Fendell vs 465 John M Dowell and William M Dowell**
Now at this day come the palintiff by their attorney, [land ?] dismiss this suit as to the defendant, William M Dowell, but the defendant, although duly summoned and called, come not but make default, wherefore, on motion of plaintiff atoorney, is is ordered by the Court that the petition herein be taken against thim confused: and the Court find from the instrument of writing on which this action is founded that that the defendant is indebted to the plaintiff in the sum of thirty five hundred and fifty three dollar and eighty four cent. It is therefore considered by the Court that the said plaintiff recover of the said defendant, John MDowell, the sum aforesaid in form aforesaid as found and their cost herein and have execution therefor.
**William M Lyon, John Lyon, David Stewart, John Mathias, and Jamed R Merray vs 617 Water E Sell, James M Ward, Thomas Sheppard, Thomas R Ellis, Henry R Ellis and J R Ellis**
On note.
Now at this day come the palintiff by their attorney and dismiss this suit as to the defendant, Thomas B Ellis, Walter E Sell and James M Ward, but the defendant, Thomas Sheppard, Henry. B Ellis and J B Ellis, although duly summoned and called, come not but make default, wherefore, on motion of plaintiff attorney, it is ordered by the Court that the petition herein be taken gainst them as confessed: and the Court ind from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of five hundred and fifty one dollar and seventy cent. It is there considered by the Court that the palintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also tencent and charge herein expended and have excution therefor.
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**The Park of the State of Missolini vs 414 William H Belcher and Charles Belcher**
On note
Now at this day come the palintiff by its attorney but the defendant although duly summoned and called, come not but make default, wherefore, on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confused; and the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of nine hundred and fifty dollar and fifty seven cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid as found and also its costs herein expended and have execution therefor.
**The Park of the State of Missolini vs 413 William H Belcher and Charles Belcher**
On note
Now at this day come the palintiff by its attorney, but the defendant although duly summoned and called, come not but make default, wherefore, on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confused. And the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of Seventeen hundred and sixty dollar and forty one cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid as found and also its costs herein expended and have execution therefor.
**The Park of the State of Missolini vs 411 William H Belcher and Charles Belcher**
On note
Now at this day come the palintiff by its attorney but the defendant although duly summoned and called, come not but make default, wherefore, on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confused: and the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of twenty three hundred and fifty seven dollar. It is therefore considered by the Court that the said palintiff recover of the said defendants the sum aforesaid in form aforesaid as found and also its costs herein expended and have execution therefor.
**The Park of the State of Missolini vs 412 William H Belcher and Charles Belcher**
On note
Now at this day come the palintiff by its attorney but the defendant although duly summoned and called, come not but make default, wherefore, on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confused: and the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of forty six hundred and two dollar and thirty tive cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also its costs and charges in this behalf expended and have execution therefor.
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**The Park of the State of Missolini vs M James R Records, John A Smithers, James A March George W Sherrick**
Dismissal.
On motion of the plaintiff by its attorney, it is ordered by the count that this suit be dismissal at the costs of the aid plaintiff and that execution is one therefor.
**George K Reed vs 372 Walter E Sell, James M Ward, & Thomas Sheppard**
On note
Now at this day come the palintiff by its attorney but the dismissed this suit as to the defendant. Jmaes M ward, but the other defendant, although duly summoned and called, come not but make default, wherefore on motion of the palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confused: and the Court find from the instrument of writing on which this action is founded that the defendant Ward and Shepperd, are indebted to the plaintiff in the sum of six hundred and eighty nine dollar and fifty two cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also it cost herein expended and have execution therefor.
**Ebenger G Lamoon, Abel F Goodnow, William J Element & Bunage B Yale vs 869 Emilir F Kraft & Otto C Kraft**
On note
Now at this day come the palintiff by their attorney but the defendant although duly summoned and called, come not but make default, wherefore on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confused: and the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of five hundred and eighty dollarand forty three cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also thier cost herein expended and have execution therefor.
**Ebenger Coleman and Philemon Coleman vs 374 Herein A Pryor and John S Thomson**
On note
Now at this day come the palintiff by its attorney, but the defendant although duly summoned and called, come not but make default, wherefore on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confussed: and the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of two hundred and ninty three dollar and eighty cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also thier cost herein expended and have execution therefor.
**John Anderson, and Napoleon B Nukerk vs 415 Thomas Campbell**
On Bill of Exchage.
Now at this day come the palintiff by thier attorney but the defendant although duly summoned and called, come not but make default, wherefore on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against him as confussed: and the Court finds from
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the instrument of writing on which this action is founded that the defendant is are indebted to the plaintiff in the sum of two hundred and eighty dollar and twenty four cents. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
**Rene Guillon and vs 417 John L Chandler**
On note
Now at this day come the palintiff by its attorney, but the defendant although duly summoned and called, come not but make default, wherefore on motion of the palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confussed: and the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of nine hundred and eighty dollar and seventy eight cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid as found and also their cost herein expended and have execution therefor.
**Thomas Brook vs 487 Miles G Moies and H M Woodward**
On note
Now at this day come the palintiff by its attorney, but the defendant, although duly summoned and called, come not but make default, wherefore on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confussed: and the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of ten hundred and ninty seven dollar and twenty cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid in form aforesaid as found and his cost herein expended and have execution therefor.
**Christopher C M Clere vs 576 William P Fenn, and Charles L Hunt**
On note
Now at this day come the palintiff by its attorney, but the defendant although duly summoned and called, come not but make default, wherefore on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confussed: and the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of ten hundred and eighty dollar and ten cen. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid in form aforesaid as found and his cost herein expended and have execution therefor.
**Charlotte Lay vs 577 William P Fenn and Hiram Inamn**
On note
Now at this day come the plaintiff by its attorney, but the defendant although duly summoned and called, come not but make default, wherefore on motion of the palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confussed: and the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of two hundred and sixty seven dollar and eighty five cent. It is therefore considered by the Court that the said palintiff recover of the said defen
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defendant the sum aforesaid in form aforesaid as found and also her cost herein expended and have execution therefor.
**Charlotte Lay vs 578 Heiam Inman**
On note
Now at this day come the palintiff by its attorney but the defendant although duly summoned and called, come not but make default, wherefore on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confussed: and the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of two hundred and seventy eight dollar and fifty cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid in form aforesaid as found and her cost herein expended and have execution therefor.
**Charlotte Lay vs 579 William P Fenn**
On note
Now at this day come the palintiff by its attorney but the defendant although duly summoned and called, come not but make default, wherefore on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confussed: and the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of four hundred and seventy dollar and sixty five cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also her cost herein expended and have execution therefor.
**Charlotte Lay vs 580 William P Fenn and Charles L Hunt**
On note
Now at this day come the palintiff by its attorney but the defendant although duly summoned and called, come not but make default, wherefore on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confussed: and the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of two thousand five hundred and seventeen dollar and twenty cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid in form aforesaid as found and her cost herein expended and have execution therefor.
**John I Anderson, R L Anderson and E H Gaylord vs M M Steinbach**
On note
Now at this day come the palintiff by their attorney but the defendant although duly summoned and called, come not but make default wherefore, on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confussed: and the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of two hundred and three dollar and sixty cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid in form aforesaid as found, and their cost herein expended and have execution therefor.
M Faul etal vs St Louis Alton and Chicago Rauk Road: Answer filed.
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**James C Mason vs 411 George W Walker, David I Hancock and Joshua W Alexander**
Now at this day come the palintiff by its attorney, but the defendant although duly summoned and called, come not but make default, wherefore on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confussed. And the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of twelve hundred and seventy three dollar and eighty three cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also it cost herein expended and have execution therefor.
**Joseph F Catheinger, John F Boyd, and James S Gibbon vs 467 John M Dowell & William M Dowell**
Now at this day come the palintiff by thier attorney, and dismiss their suit as to the defendant, William M Dowell, but the defendant John M Dowell, although duly summoned and called, come not but make default, wherefore on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confussed. And the Court find from the instrument of writing on which this action is founded that the defendant John M Dowell, is indebted to the plaintiff in the sum of eight hundred and ninty six dollar and ten cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also their cost and charges herein expended and have execution therefor.
**William M Lyon etal vs 616 Walter E Sell James M Ward and Thomas Sheppard**
On motion of plaintiff by their attorney, it is ordered by the Court that an alias writ is one herein for the defendant, Walter E Sell, and James M Ward reurnable to the nest turn of this Court.
**Ann Griffin vs 629 John Griffin**
Default.
Now at this day come the palintiff by her attorney, but the defendant although duly summoned and called, come not but make default, wherefore on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against him as confussed.
**Hugh Boyle vs 704 Joaac W Scott and Mary C Scott**
Now at this day come the parties, by their respective atttorney and consert and agree that judgment may be rendered against the defendant and in favor of the plaintiff fo the sum of two hundred and fifty six dollar and eighty four cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid as agreed upon and that execution issue therfor. By consert of parties execution is stayed till fict of January next.
**Rogers and Matthew vs 169 George B Lamb**
Motion to strike out part of answer filed.
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**George Fitghatrick and Mary Fitchatrick vs 706 Emanced Block, Henry Kennedy and James George**
Dismissed Default.
Now at this day come the palintiff by its attorney, but the dismise this suit as to the defendant, James George, but the defendant, Block and Kennedy, although duly summoned and called, come not but make default, wherefore on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confussed
**George B Cooper vs 811 St Louis Alton and Chicago Rail Road Co**
Answer filed
**W Faul & Kelly vs 294 St Louis Alton and Chicago Rail Road Company**
Answer filed.
**William J Smith vs 144 Mogridge and M Faul vs 144 Mogridge and m Faul**
Assended answer of Francis M Faul filed.
**Warin Reed vs 153 Frederick R Conway**
Trial Progrecess.
Now at this day come again the parties and also the Jury empanmilled and suon herein and thereupon the trial of this cause progressed but not being concluded at the hour of adjournament is laid over until to morrow morning.
**James D Deregre vs 340 Orrein Wales, Ducter J Wales, and Oliver N Wales garnishess of Abijah Whiting**
Garnishess discharged.
On motion of the palintiff, by his attorney, it is ordered by the Court that the said garnishess be discharged hance at the cost of said palaintiff and that execution issue therefor.
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Court met pursuant to adhjournament. Present as before.
**Michael Karey vs 825 Thomas R Ellis etal**
Dismissed.
Now at his day come tha plaintff by his attoeney, and on his motion, it is ordered by the Court that this suit be dismissed at the cost of said palintiff and that execution herein therefor.
**Edward Wise etal vs 88 R Stout**
Dismissed.
On motion of plaintiff attorney, it is ordered by the Court that this suit be dismissed at the cost of said plaintiff and that execution issue therefor.
**Augustu F Shapligh, Thomas D Day, and Woodward Crittenden. vs 38 Charles Ronteam and Point Currey**
On note
Now at this day come the palintiff by its attorney but the defendant although duly nitified and called, come not but make default, wherefore on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confussed: and the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of One hundred and thirt dollar and ninty seven cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid in form aforesaid as found and their cost herein expended and have execution therefor.
**Luther Laflin, Solomon A Smith, Sylvester H Laflin, Fondyee L Laflin, and Joseph M Boies vs 95 Thomas R Grady & ...... Rowe.**
Order of Publication Attachment.
It appearing to the satisfaction of the Court that the defendant ... Rowe cannot be summoned herein it is ordered that he be notified that a civil action has been commenced against him for the sum of eleven hundred and fifty seven dollar and thirty six cent on account of good, ware and merchandise, sold and delivered by the plaintiff to the defendants; and that his property has been attached, and unless he be and appear at the next term of this Court to be begun and held at the City of StLouis within and for the Court of StLouis, on the fourth monday of February next, and on or before the third day thereof answer of plaintiff petition, judgement will berendeid against him and his property sold to satisfy the same. It is further ordered that a copy here ofbe published, according to law, in the Missouri Demount a newspaper printed and published in the City of StLouis
**Pacific Rail Road Company vs 218 August Koch Louis C Garmier**
Answer filed by leave of Court.
**Louis C Garnier vs M John Simond garn of City Bank**
Exception to fourth interogatory filed
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**George Roger vs 1190 Lopolt Mayer**
Order fo Publication, Attachment.
It appeating to the satisfaction of the Court that the defendant cannot be summoned herein, it is, therefore, on motion of plain tiff attorney, ordered that the be notified that a civil action has been commenced against herein for the sum of six hundred and sixteen dollar and three cent founded on a promisory note executed by the degendant to the plaintiff and also in an account for good ware and much and is sold and dilivered to the defendant by the plaintiff; and that his property has been attached, and unless he he and appear at the next term of this Court to be begun and held at the City of StLouis within and for the Court of StLouis, onn the founrth Monday of Fubryarty next, and on or before the third day there of answer the plaintiff petition judgement will be rendered against him and his property sold to satisfy the same. It is further ordered that a copy here of be published, according to law, in the Missouri Democrat, a newspaper printed and published in the City of StLouis.
**Aaron S W Gooduin etal vs 800 Domirich J M Laughlin**
Default.
Now at this come the plaintiff, by their attorney, by the defendant although duly summoned and called, come not but make default, wherefore, on motion of plaintiff attorney, it is ordered by the Court that the petition herin be taken against him as confussed.
**Edmund D Jaylor vs 36 James F Sweringer**
Dafault.
Now at this day come the palintiff by its attorney, but the defendant although duly summoned and called, come not but make default, wherefore on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against him as confussed.
**John Kennard and John Kennard Jr VS 735 Joseph A Eddy**
Default.
Now at this day come the palintiff by its attorney, but the defendant although duly summoned and called, come not but make default, wherefore on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against him as confussed.
**Angelina Lotze vs 310 John Christoher Lotze**
Default.
Now at this day come the palintiff by its attorney, but the defendant although duly summoned and called, come not but make default, wherefore on motion of palintiff attorney, it is ordered by the Court that the petition herein be taken against him as confussed.
**James R Eads and William S Neloon vs 30 James Stewart**
Order of Injuction.
On reading and filing the petition and on motion said palintiff, by their attorney, it is ordered by the Court that the defendant to and his sewant agent and atoorney are hereby enjoined and restrained from tearin down and remoring the fence and and ficture as in the petition is described and moreparticularly set forth. The palintiff file a bond conditioned according to law which is approved by the Court.
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**Joseph Templeton vs 479 Clay Jaylor etal**
On motion of defendant, by their attorney, is is ordered by the Court that the time for pleading extended five days
**Augustis N Berthoud receiver & vs 709 Henry W William**
Default.
Now at this day come the palintiff by his attorney, but the defendant although duly summoned and called, come not but make default, wherefore on motion of the palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confussed.
**Augustus N Bethoud Receiver &c vs 770 John Nichol**
Default.
Now at this day come the palintiff by his attorney, but the defendant although duly summoned and called, come not but make default, wherefore on motion of said attorney, it is ordered by the Court that the petition herein be taken against them as confussed.
**James G Humon etal vs 320 H J Cuneffe etal**
Reply filed.
**James M Cord vs 693. William Fulthon**
Answer filed.
**George Patridge etal vs 864 John B Carson garnishee**
Interogation to garnishee and answer of garnishee filed.
**Neree Valli etal vs 80 John J Chappell etal**
Dismissed
By convert of parties; it is ordere by the Court that this suit be dismissed at the cent of the plaintiff and that execution issue therfor. The defendant waive all calim for damages on account of the takin and detention of the property.
**Auguster F Shopleigh, Thomas D Day, and Woodward Crittenden vs 51 Charles Bonteam and Point Currey**
On note.
Now at this day come the palintiff by its attorney, but the defendant although duly summoned and called, come not but make default, wherefore on motion of the palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confussed: and the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of two hundred and twenty six dollar and thirty seven cents. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid as found and also their cost herein expended and have execution therefor.
**Joseph Cooper to use of &c vs 394 Charles Shinkle etal**
By leave of Court defendant with draw the release made by Martin R Hindric for the perspose of takin deposition to be used on the trial of this cause
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**William Wakelan vs 128 Charles H Valentire etal**
Motion for Judgment against Valentire filed.
**Joseph H Olesby vs 627 Samuel Mayerson etal**
Answer of Myerson filed.
**Wanen Reed vs 153 Frederick R Conway**
Trial progresses.
Now at this day come gain the parties by their respective attorney and also the Jury empannelled and suon herein and thereupon the trial progressed, but not being fanished but not being finished further peoceeding herein are laid over until to morrwo morning.
**John Casey vs 491 Jezemiah McCraith, William Murphy, James Corney and Thomas Connan**
Satisfaction acknd.
Plaintiff in proper puson, come and in open Court acknowledge to thave received full and until satisfaction of the judgment rendered on the Sixth day of October, 1858, for the sum of Eight hundred and six dollar and twenty five cents.
Court met pursuant to adhournament. Present as before.
**James Castello**
late Sheriff of St Louis Courty, come and in open Court acknowledges the execution by him of a deed to Jared Gage, of all the right, title, interest, claim, estate and property, of of in and to the followingf described property, to suit: "Lots No 294 and 295 in Block 306, begining at the South West corner of the bolck reunning Northerly with the East line of Second Street Sixteen feet four inches, thence Easterly to the alley, parallel with Palm street, there Southerly with the alley to the outh line of Palm street, one hundred and sixty feet foure inches, thence with the street to the Clerk of the St Louis Circuit Court in favor of The St Louis Building and Savings Institution gainst James L Gage and Jachera Fine.
**The Independence Mining Company vs 239 Albert C Koch**
On motion of plaintiff attoney it is ordered by the Court that an alias writ issue herein returnable to the next term of this Court.
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**Henry S Green and Nancy Ann Green his wife vs 815 Sarch V Hanington, Eugene C Hanington, and James H Conrnfort administrator of George Hanington, deceaced.**
Deeree.
Now at this day come the petition, by their attorney, and thereupon come also the defendant and file their answer, and by concert this caucis is submitted to the Court upon the pleading and proof, and it appearing to the Court there from that the real estate and leacehold in the petition f the palintiff described was conveyed to the said George Hanington, is trust, for the sole and separate use of the said Nancy ann Green, wife of the said Henry S Green, as is in said petition alleged: and it also appearing to the Court that said George Harrington has departed this life, and that the interests of said petitions, in the monther of said trusts, requite the appointment of a trustee, in the place of said George Hanington, deceased, for and in behalf of said trusts with the same rights, power and obligations, Therefore it is ordered and decreed that Francis H Manter be and he is hereby, appointed and made trustee, in the palce of said George Hanington, deceased, for and in behald of said trusts as is prayed in said petition; and it si further ordered and decreed that the titles of in and to the said leasehold and real estate in said petition decribed be rested in and held by the said Francis H Manter to the same content and for the same purpose as the same were rested in and held by the said late George Harninton, during his lifetime, by virtue of the conveyance in said petition mentioned, and that the said Francis H Manter, as such trustee, with such invectment of the titles of sid leasehold and real estate, have the same rights and prower, and subject the same duties and abbigation, in every and all respects as the late said George Harington has and was subject to in his lifetime, by virtue of said conveyances, and that all and every of the act and doing of the said Francis H Mangter, as such trustee, in the premises, shall be forever beriding upon the parties hereto and each of them, their and each of their herein and assign forever. The said leasehold and real estate is described as follow, to wit: "the following described premises, the same being a leasehold estate, towit: a certain lot of ground, with all the inprovement thereon, situated in the City of St Louis and State of Missowri in Block No sixty four containing nineteen fect and one eighth of a fact fronting on third stut by one hundred and fifty two but three inches in depth to an alley, and bounded on the North by preoperty of Graham on the East by an alley, South by property of Boyee, and West by third street;" also, "a lot of twenty five feet in Block number five hundred and forty one of the said City and in Bolck number twenty one of Christys addition to said City, founded as follows, commencing at a point on the North line of Morgan street seventy eight feet from the intersection of Seveteenth and Morgan street, running thence Eastwardly with said Northern line of Morgan street twenty five feet, thence running Northwardly paralled with Seventeenth street one hundred and forty four feet and seven inches to an alley, thence with the Southern lilne of said alley Westwardly twenty five feet, and thence Southwardly parallel with Seventeenth street to the begining, bounded or the South by Morgan Steet. East by lot of D J Morrow, on the North by said alley and on the West by lot of Charles Having, said Seventeenth street is accoding off J C Brown's Survey." It is further ordered that said petitioners pay the cost of this proceeding.
Felix Coste etal vs George W Sherrick etal: Answer to petition filed.
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**William J Gray vs 552 Joseph B Hooland**
On note.
Now at this day come the palintiff by its attorney, but the defendant although duly summoned and called, come not but make default, wherefore on motion of the palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confussed: and the Court find from the instrument of writing on which this action is founded that the defendant is founded that the defendant is indebted to the plaintiff in the sum of Eleven hundred and five dollar. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and his cost herein expended and have execution therefor.
**George Jodd, Charles Jodd and Washington Jodd vs 733. Egra O English, John Burner and Jacob Johann**
Default.
Now at this day come the palintiff by their attorney, but the defendant although duly summoned and called, come not but make default, wherefore on motion of the plaintiff attorney, it is ordered by the Court that the petition herein be taken against them as confussed.
**John E Coock vs 364 Steam boat "F X Aubrey"**
Default.
Now at this day come the palintiff by its attorney, but the defendant although duly summoned and called, come not but make default, wherefore on motion of said attorney it is ordered by the Court that the petition herein be taken gainst the said defendant as confessed.
**Mary A Banker vs 63 William W Banker**
Desmissed.
Now at this day cause being called for trial and the plaintiff failing to appear and procecute the same it is ordered by the Court that this suit be dismissed at the cost ordered plaintiff and that execution issue therefor.
**Susan Bell vs 64 William Bell**
Dissmiseal.
Now at this day cause being called for trial and the plaintiff failing to appear and prosecute this action it is ordered by the Court that this suit be dismissed at the cost said plaintiff and that execution issue therefor.
**Albert De Straclee vs 227 Philip Klein**
Dismiseal.
Now at this day cause being called for trial and the plaintiff failing to appear and prosecute the same, on motion of the defendant attorney, it is ordered that this suit be dismissed at the cost of said plaintiff and that execution issue therefor.
**Edwin H Fansworth vs 118 Dorathea Fansworth**
Default
Now at this day come the palintiff by its attorney, but the defendant although duly summoned and called, come not but make default, wherefore on motion of the palintiff attorney, it is ordered by the Court that the petition herein be taken against them as confessed.
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**Viewer Page 114** (rcdbook1858_28_0113.jpg)
> Handwritten Page Number on Record Book: 110
**Elizabeth Bailey vs 245 John H Bailey**
Deafult.
Now at this day come the plaintiff, by her attorney, but the defendant, although duly summoned and called come not but make default, wherefore on motion of said plaintiff attorney, it is ordered by the Court that the petetion herein be taken against him as confessed.
**David S Bengham vs 801 Dietrich Nirman etal**
On motion of the plaintiff, by his attorney, it is ordered that an alias Writ issue herein returnable to the next term of this Court
**E G Burkam etal 725 James F Aglar**
On motion of the plaintiff, by his attorney, it is ordered by the Court that an alias Writ issue herein returnable to the next term of this Court
**Edward Hughes vs M William C Taylor**
Plaintiff by his attorney, come and in open Court acknowledge to have received full and entire satisfaction of the judgment rendered herein on the twenty fiffth day of January, 1855, for the sum of five hundred dollar.
**Samuel Camilton vs 951 John Christopher and Joseph Christopher**
Ordered that a dedionus issue to New York on the part of the defendants.
**Philip Thomas vs 445 Andrew Krautter**
Ordered that a determines issue to Illinois on part of plaintiff Reply filed.
**John P Gould etal vs 93 George Frowbridge etal**
Continued on affidavit at defendant cost.
**Lorenge P Sanger etal 222 The North Missouri Rail Road Company**
Continued, Leave guien plaintiff to file an amended petition.
**Peter D Muller vs 250 Edward Wyman, James A Grantand William Nesbitt**
Satisfaction.
Plaintiff, by his attorney, come and in open Court acknowledge to have rucured full and entire satisfaction of the judgment rendered herein on the Eighth day of October 1858, for the sum of thirty ifve hundred and seventy six dollar, and authorige the entry off satisfaction thereof.
**James Wood etal vs 517 Reuben Hanington**
answer filed.
**August N Bethoud receiver &c vs 807 William N Naydon**
answer filed
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**Viewer Page 115** (rcdbook1858_28_0114.jpg)
> Handwritten Page Number on Record Book: 111
**James Foy vs 48 John Wsson etal**
arrended answer filed.
**Charles W Green etal vs 111 The Terre Naute Alton and St Louis Rail Road Co garns of Franklin Filed**
Garnishee discharged.
On motion of the palintiff, by their attorney, it is ordered by the Court that the garnishee be discharged at the cost of the said plaintiff and that execution issue therefor.
**Waren Reed vs 153 Frederick R Conway**
Now at this day coem again the perties by their respective attorney and also the Jury empannelled and swom herein, and thereupon the trial of this cause progressed but not being finished at the hour of adjournament is laid over until to morrow morning.
**Richard Emerson and Nathan Johnson vs 234 ... Jones, .... Covell & .... Morrison**
Judgment on Forth Bond. Now at this day come the plaintiff, by their attorney, and move the Court to render judgment in their fovor against Wilson G Larimore, the recurity in the forth coming bend taken by the Sheriff in this cause: abd ut appearing to the Court that the Sheriff on the Fourteenth day of December eightten hundred and fifty seven, took a forthcoming bond for the property attached executed by I D Jones. J Covell and G W Morris as principal and Wilson G Larimore as their.. security, agreeably to law, and that plaintiff heretofore, towit: on the twenty first day of April eighteen hundred and fifty eight in the original attachment suit, recovered judgment against the said .... Jones .... Covell and ... Morrison for the sum of five hundred and ninty five dollar and ninty three cent, and that execution was issued on said.. judgment and duly returned by the Sheriff with his return of no property found endorsed thereon, and that in pursuance of an order herefore made by this Court the Sherifff duly assigned said forthcoming bond to the plaintiff and that the value of the propery for the forthcoming of which said bond was given is Six hundred and thirteen dollar and sixty three cent and that the amount due an said execution is Six hundred and thirty two dollar and forty eitht cent, therefore it is concidered by the Court that the plaintiff recover of said Wilson G Larimore, the security in said forthcoming bond, the sum of Six hundred and thirteen dollar and sixty three cent together with their cost in the original suit and in this proceeding expended and have execution therefor.
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> Handwritten Page Number on Record Book: 112
Court met purseuant to adhournament Present as before.
**Anoon G Phelps etal vs 201 Edward Rowe**
Dismissed.
Now at this day come the plaintiff, by their attorney, and on their motion it is ordred by the Court that this suit be dismissed at the cost of the said palintiff and that execution issue therefor.
**John Shaw vs M William Fulton**
On note
Now at this day come the plaintiff, by their attorney, but the defendant, although duly summoned and called, come not but make dafault, wherefore, on motion of plaintiff attorney, it is ordred by the Court that the petition herein be taken against him as confessed: and the Court find from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and sixty six dollar and ten cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid in form of aforesaid as found and his cost herein expended and have execution therefor.
**William Mass and Frederick Mass vs 60 Jocob Bersch, Adam Richschied. and Philip Kraft**
Now at this day come the plaintiff, by their attorney, but the defendant, although duly summoned and called, come not but make dafault, wherefore, on motion of the plaintiff attorney, it is ordred by the Court that the petition herein be taken against them as confessed: and the Court find from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of four hundred and five dollar and forty four cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid as found and their cost herein expended and have execution therefor.
**Wanen Rud vs 153 Frederick R Conway**
Now at this day come again the parties by their respective atoorney, and the Jury emparnelled and swam herein and therefor the trial of this cause progressed and being finished the Jury retire to consider of their vardict.
**James C Rainey vs 23 Michael Burk etal**
Continued on affidavit at defendat costs.
**Henry Killion etal vs 477 Edward B Davis**
Me for security fot cost filed.
**Henry Murphy vs 393 Jacob Fritschle etal**
Answer of Joseph G Shand filed.
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**Viewer Page 117** (rcdbook1858_28_0116.jpg)
> Handwritten Page Number on Record Book: 113
**James Cstello vs 826 Michael S Cure**
Bill of Exception filed.
**James Clark vs 19 Bachaish F Coffin**
On note
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly notified and called, comes not but makes dafault, wherefore, on motion of plaintiffs attorney, it is ordred by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of five hundred and three dollars and twenty eight cents. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid in form of aforesaid as found and also his costs in this suit expended and have execution therefor. against the property attached at the commencement of this suit.
**In the matter of M Frederick Jackson**
Habeas Corpus.
On petition of Federick Jackson duly verified filed herein, it is ordered by the Count that a writ of Habeas Corpus issue herein directed to Charles Roderman, Jailar of Saint Louis County, commanding him to have the body of said petitioner before this Court on to morrow morning at ten O'clock.
**Thomas Boylan etal vs 167 Washington West and John L Narlison**
The plaintiffs, by their attorney, come and in open Court acknowledges to have received full and entire satisfaction of the judgement for the sum of two hundred and fifty three dollars and seventy four cents, rendered herein on the twelfth of March, 1858.
**James Clark vs M George E Cassell, and George Shaffner garnishees of Bachaiah T Coffin.**
Garnishment. Judgment.
Now at this day come as well the said plaintiff as the 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 possesion belonging to the original defendant the sum of two hundred and eighty three dollars and eighty seven cents. It is therefore considered by the Court that said plaintiff recover of the said garnishees the sum aforsaid as confessed and that out of said sum he pay the costs as weel of the original proceedings as of this and have execution therefor.
**The Mechanics Bank vs 432 Charles Wendemerth, August Fritschle and Jacob Fritschle**
Dismissal.
On motion of plaintiffs by their attorney, it is ordered by the Court that this suit be dismissed at the costs of said plaintiffs and that execution issued therefor.
**Edmiston Mellellan vs 24 Stephen M Whitchouse Warner W Oglesby & John Whitehouse**
Dismissal.
On motion of the plaintiffs attorney it is ordered by the Court that this suit be dismissed and the garnishees summoned herein
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> Handwritten Page Number on Record Book: 114
discharged at the cost of the said plaintiff and that execution issue therefor. Bill of Exchange withdrawn by leave of Court.
**Thomas G Gaylord Jr & Benjamin B Gaylord vs 177 Frank P Carley B F Ossing & M D Dow**
Dismissal.
On motion of plaintiff by their attorney, it is ordered by the Court that this suit be dismissed at the cost of said plaintiff and that execution issue therefor. Exhibit withdrawn by leave of Court.
**August N Berthoud receiver &c vs 805 John P Callahan**
answer filed.
**Henry F Turner vs 244 Joseph Davis**
answer filed.
**James L Gray vs 291 Pacific Rail Road**
Reply to Offset filed.
**John C Potter etal vs 52 John M Dowell**
Interplea filed.
**Francis Rogers and Loury Mathurs vs 169 Charles B Lamb**
Trial.
Now at this day come the defendant and files an amended answer herein and the plaintiff come and file a motion to strike out parts of said amended answer, and the Court having duly heard and considered said motion and being thereof fully advised, doth overuled the same; and thereupon come also a Jury, to writ A G Srritger, William Thornhill, Charles Sulthon, James, W P Shryock, Edwin Dean, JJ Calvert, John Wahoff, William Lump, W N Tasker, George Pickles, & Jno Zimmerman, twelve good and lawful men, who being duly elected, tried and swan the issues herein joined well and truly to try the trial progressed and being finished the Jury retue to consider of theri verdict.
**James D Houseman, Julies N Smith, and Robert B Bowler. vs 67 James Hewitt and Robert M V Kercheval**
Trial.
Now at this day come the parties, by their respective attorney, and thereupon come also a Jury, towit: Wyllys S king. N A Miller, William Simonds, William Flint, S H Jackson, Edward Berry, Peter Ganett, William Gayon, William Mllelland, Samuel Water, H Gredestine, and William Q Wolff, twelve good and lawfull men, who being duly elected, tried and suan the issue herein joined well and truly to by the trial progressed but not being finished at the hour of adjournament further proceedings are laid ova until tomorrow morning.
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**Viewer Page 119** (rcdbook1858_28_0118.jpg)
> Handwritten Page Number on Record Book: 115
Court met pursuant to adjournament present as before.
**In the matter of M Frederick Jackson**
Habeas Corpees.
Now at this day come Charles Roderman, the respondent herein with the body of sadi Jackson, and also the writ of Habeas Corpees to him directed with his return there on endorsed, and the Court bere, after an examination of the matter herein doth order that said Jackson be remanded to the custody of the Sheriff of St Louis County and the said Sheriff in hereby commanded to thake the said Jackson before some magistrate of the County of St Louis for an examination of the charge against him for an atttempt to commit a rape that being the offence for which he the said Jackson is now detained in custody.
**Aermilies K Sayre vs 15 William C Wagley, Daniel Elifritg, Davis Cox & Jules C Kingsbury**
Order of Publication Attachemnt.
It appearing to the satisfaction of the Court that the defendant, William C Wagley, Daneil Elifritg and Davis Cox, cannot be summoned herein, it is therefor on motion of plaintiff attorney, ordered that they be notified that a civil action has been commenced agaomst them founded on a fill of exchange for the sum of thirty three hundred and eighty two dollar and fifteen cent drawn by William Wagley & Co on Wagley Kingsbury also favor of the plaintiff?; 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, within and for the County of StLouis on the fourth Monday of February next and on or before the third day therof answer the plaintiff petition judgment will be rendered against them and theri property sold to saticfy the same. It is further ordered that a copy hereof be published, according to law, in the StLouis Evening News, a newspaper printed and published in the City of StLouis.
**Hirarn Mill vs 622 Lewis V Bogy**
On note.
Now at this day come the plaintiff by his attorney and the plaintiff having failed to file an anser within the time allowed him as to do therefore, on motion of said plaintiff attorney, it is ordered by the Court that the petition herein be taken gainst the said defendant as confessed: and the Court find from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of Six thousand five hundred and eighty four dollar and eighty eight cent. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aofresaid as found and his cost herein expended and have execution therfor. Judgement to bear ten per cent interest.
**The Southern Bank of StLouis vs 768 Patrick Long**
On note.
Now at this day come the plaintiff, by its attorney, but the defendant, although duly summoned and called, come not but make dafault, wherefore, on motion of plaintiff attorney, it is ordred by the Court that the petition herein be taken against him as confessed: and the Court find from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two five hundred and fifty two dollar and sixty six cent. It is therefore considered by the Court that the said palintiff recover of the said defendant the sum aforesaid as found and have execution therefor.
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**Viewer Page 120** (rcdbook1858_28_0119.jpg)
> Handwritten Page Number on Record Book: 116
**Gibbon L Ketty and Dudley M Ferqueson vs 070 Augustus Muegge and Fredirick Meregge**
On note.
Now at this day come the parties, by their respiective attorney, and submit the motion herein to dismiss this suit to the Court and the Court being fully, advised of and concerning the same, doth order that said motion be overuled; and the defendant failing to answer herein, on motion of plaintiff attorney, it is ordred by the Court that the petition herein be taken against them as confessed: and the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of Six hundred and forty one dollar and seventy two cent. It is therefore considered by the Court that the palintiff recover of the said defendant the sum aforesaid in form aforesaid as found and their cost herein expended and have execution therefor.
**Hiram Mills vs 623 The Pilot Knob Iron Company**
On note.
Now at this day come the plaintiff, by his attorney, but the defendant, having failed to file an answer within the time alloved as to do, on motion said attorney for the palintiff, it is ordred by the Court that the petition herein be taken against the said defendant as confessed: And the Court find from the instrument of writing on which this action is founded that the defendant is indebted to the plain tiff in the sum of Six thousand five hundred and eighty four dollar and eighty eight cent. It is therefore considered by the Court that the palintiff recover of the said defendant the sum aforesaid as found and his cost herein expended and have execution therefor. Judgment to bear ten per cent interest until paid.
**Fredirick W Noel vs 727 Jacob Fritschle, Augustus Fritschle and George W Campbell**
On note.
Now at this day come the plaintiff, by his attorney, but the defendant, although duly summoned and called, come not but make default, wherefore on motion of plaintiff attorney, it is ordred by the Court that the petition herein be be taken against them as confessed: and the Court find from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of four hundred and thirty dollar. It is therefore, considered by the Court that the palintiff recover of the said defendant the sum aforesaid as found and his cost herein expended and have execution therefor.
**The Dollar Saving Institution vs 230 John A William, Ren F Reasley, Wesley Conney, Roberty Scott and James H Whitelaw**
On note.
Now at this day come the parties, by their attorney, and consert and agree that judgment may be rendered against the defendant in favor of the plaintiff for the sum of five hundred and seventy six dollar and forty five cent. It is therefore considered by the Court that the palintiff recover of the said defendant the sum aforesaid as agreed upon and its cost herein expended and have execution therefor.
**Francis Hamilton vs M F Myers etal**
answer filed.
**Louis G Priat etal vs M Barton Bate**
Alias Writ ordered.
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**Viewer Page 121** (rcdbook1858_28_0120.jpg)
> Handwritten Page Number on Record Book: 117
**John J Haley, Charles G Morse and Addison Boyden vs 884 Francis Hofelman**
On note.
Now at this day comes the plaintiff by their attorney but the defendants although duly summoned and called comes not but make default, wherefore on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed: And the Court finds from the instrument of writing on which this action is founded that the defendants is indebted to the plaintiffs in the sum of four hundred and thirty eight dollars and fifty two cents. It is therefore considered by the Court that the plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as found and their costs and charges herein expended and have execution therefor.
**Warren Rud vs 153 Frederick R Conway**
Mistual. Jury discharged.
Now at this day come again the parties, by their attorneys, and therefore come also the Jury empanelled and sworn herein, and, upon their oaths, say they cannot agree upon a verdict; wherefore it is ordered by the Court that the Jury be discharged and this cause continued to the next term of the Court.
**John E Cook vs 560 Daniel D Page et al**
Default
Now at this day comes the plaintiff, by his attorney, but the defendant, Thomas Brown, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed. Alias Writ ordered for the defendant, Henry D Bacon.
**The Commercial Insurance Company of Cincinnati Ohio vs 181 William Hart et al**
Appearance entered.
Now at this day comes the defendant, William Hart, and waives service of process and enters his appearance to this action.
**Hannah Caddington vs 218 Morris Caddington**
Default.
Now at this day comes the plaintiff, by her attorney, but the defendant although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiff, by her attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**Augustus N Berthoud receiver &e vs 805 John P Callahan**
Ten days given plaintiff to reply to answer.
**Augustus N Berthoud receiver &e vs 807 William H Hayden**
Ten days given plaintiff to reply to answer.
**Edwin H Farnsworth 118 Dorothea Farnsworth**
It is ordered by the Court that this cause be set for trail on Monday next.
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**Viewer Page 122** (rcdbook1858_28_0121.jpg)
> Handwritten Page Number on Record Book: 118
**Francis Rogus andLowry Mathews vs 169 Charles B Lamb**
Verdict for defendant.
Now at this day come again the parties, by their respective attorneys, and the Jury empanelled and sworn 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 by the Court that the plaintiffs take nothing by their suit in this behalf, but that the defendant go hence without day and recover of the said plaintiffs his costs herein expended and have execution therefor.
**John Louderbach vs 586 The North Missouri Rail Road Company**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiff and that execution issue therefor.
**The Keokuk Packet Company vs 205 The Steamboat "William S Nelson**
Dismissal.
On motion of the plaintiffs attorney, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiffs and that execution issue therefor.
**Percival Platt vs 10 William Bevard**
Demurrer filed.
**Benn C Platt vs 11 William Bevard**
Demurrer filed.
**James D Houseman, Julius H Smith, and Robert B Bowler vs 67 James Hewitt and Robert M V Kercheval**
Trail finished verdict.
Now at this day come again the parties, by their respective attorneys, and the Jury, empanelled and sworn herein, also come, and thereupon the trail of this cause progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiffs and assess their damages at the sum of Seven hun dred and fifty seven dollars and thirty eight cents. It is therefore considered by the Court that the plaintiffs recover of the said defendants the sum aforesaid in form afore said as apessed and their costs in this behalf expended and have execution therefor.
**August J Carpenter vs 49 Thomas Wall**
Motion to strike out answer filed.
**George Fitzgerald et al706 Emanuel Block, and Henry Kennedy**
The defendants file a motion to set aside the default herein and the Court having duly heard and considered said motion doth order that the same be sustained and that said default be set aside and for nought held.
**George Sparrow vs 371 The Time Haute Alton and St Louis Rail Road Company**
Now at this day comes the plaintiff, by his attorney, and confesses and admits the truth of the demurrer herein, and by leave of Court files an amended petition herein.
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**Viewer Page 123** (rcdbook1858_28_0122.jpg)
> Handwritten Page Number on Record Book: 119
**Steam boat Ben Bolt. vs 67 S D Morrison**
Dismissal.
By consent of parties, it is ordered by the Court that this suit be dismissed, and the attachment dissolved and rendered null and void and the garnishee herein, N A Conant, discharged at the costs of said plaintiff and that execution issue therefor. The defendant waiver all claim for damages under the attachment bond herein, and on account of the attachment. Ten dollars is allowed the said garnishee for answering herein.
**Josephus W Hall vs M Edwin R Mason**
Motion for Judgment.
Now come Josephus W Hall, by his attorney, and moves the Court to render judgment in his favor against said Edwin R Mason, and it appearing to the Court that judgment was rendered in this Court against said Hall and Mason in favor of the Bank of the State of Missouri, on the 24th day of February 1858 for the sum of eight hundred and forty five dollars and fifty eight cents, and that the liability on which said judgment was obtained grew out of a certain bond executed by said Masonas principal and said Hall as security and that the said Hall on the 2d day of October instant paid the said judgment and interest thereon amounting to twenty seven dollars and seven cents and costs amounting to twenty seven dollars and ninety cents, and that the interest thereon from date of said payment to this date is three dollars and seventy one cents, making in all the sum of nine hundred and four dollars and twenty six cents, therefore it is considered by the Court that the said Hall recover of the said Edwin R Mason the said sum of nine hundred and four dollars and twenty six cents together with interest thereon from this date at ten per cent per annum and his costs herein expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
**Henry N Hart vs 98 Christian Vogler**
Order of Publication. Attachment.
It appearing to the satisfaction of the Court that the defendant cannot be summoned herein, it is, therefore, on motion of plaintiffs attorney, ordered that he be notified that a civil action has been commenced against him for the sum of one hundred and thirty two dollars and sixty seven cents for goods wares and merchandise sold and delivered by Schuerman and Keferstein to the defendant and by said Schuerman and Keferstein assigned to the plaintiff; and that his property has been attached and unless he be and appear at the next term of this Court to be begun and held at the City of St Louis within and for the County of St Louis on the fourth Monday of February next and on or before the third day thereof answer the plaintiffs petition, judgment will be 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 Missouri Democrat, a newspaper printed and published in the City of St Louis.
**Edwin H Munger vs 879 Daniel D Page et al**
Alias Summons ordered for Bacon.
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**John Cochran vs 333 Leverette Mills, John G White et al**
Default.
Now at this day comes the plaintiff, by his attorney, but the defendant, Leverette Mills, although duly summoned and called, comes not but makes default, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed. Alias Writ ordered for the defendant, John G White.
**John Cochran vs 333 Leverett Mills, John G White and Francis Watkins**
Order of Publication.
The Sheriff having made return that the defendant, Francis Watkins, cannot be found, and the Court being satisfied that process cannot be saved upon him, therefore, on motion of the plaintiff, by his attorney, it is ordered that he be notified that a civil action has been commenced against him founded on a note for the sum of One hundred and sixty dollars, 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 within and for the County of St Louis on the fourth Monday of February next, and on or before the third day thereof answer the petition herein the same will be taken against him as confessed. It is further ordered that a day hereof be published, according to law, in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
**Thomas Alexander vs 43 James J Todd, William Ray and James McMahan**
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly notified and called, come not but make default, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of twenty five hundred and thirty three dollars and forty five cents. It is therefore considered by the Court that the plaintiff recover of the said defendants the sum aforesaid as found and his costs herein expended and have execution therefor.
**The St Louis and Iron Mountain Railroad Company vs 343. J Richard Barrett**
On agreement.
Now at this day comes the plaintiff, by its attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: And the plaintiff, waiving a Jury, submits this cause to the Court, upon the petition and proofs, and the Court, having duly heard and considered the same, doth assess the damages sustained by reason of the premises in the petition mentioned at the sum of eight hun dred and sixty six dollars. It is therefore considered by the Court that the plainttiff recover of the said defendant the sum aforesaid in form aforesaid in form aforesaid as found and its costs herein expended and have execution therefor.
**David S Bigham vs 801 Dietrich Niermann administrator of George Gletzinger.**
Christian Kribben, attorney for the defendant, comes and enters the appearance of the said defendant, and waives the service of process.
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James H Turner, a Juror, empanelled in the case of Rogers and Mathews versus Charles B Lamb, having absented himself from said panel, without a sufficient excuse, is fined twenty five dollars for contempt of Court.
**William T Gray vs 552 Joseph B Holland.**
Judgment set aside. Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that the judgment rendered herein on the fourteenth day of October, 1858, be and the same is hereby set aside and annulled: and, by consent of parties, it is ordered further by the Court that this suit be dismissed at the costs of the defendant and that execution issue therefor.
**The Saint Louis and Iron Mountain Rail Road Company vs 426 Louis Winkelmeier**
On agreement.
Now at this day comes the plaintiff, by its attorney, but the defendant, although duly summoned and called, comes not but makes default wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him 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 assess the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of Seven hundred and ninety eight dollars. It is therefor considered by the Court that the plaintiff recover of the said defendant the sum aforesaid as found and its costs herein expended and have execution therefor.
**Adolph Heinecke and John M Estel vs 452 Daniel D Page, Henry D Bacon, Thomas Brown and Edward Wyman**
On note.
Now at this day come the plaintiffs by their attorney, and dismiss this suit as to the defendant, Henry D Bacon, but the other defendant, although duly sum moned and called, come not but make default, wherefore, on motion of said attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against the said defendants as confessed: And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum three hundred and ninety four dollars and ninety cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid as found and their costs herein and have execution therefor.
**William Hake and Herman Hake vs 183. Daniel D Page, Henry D Bacon, Edward Wyman and Thomas Brown**
On note.
Now at this day come the plaintiffs by their attorney, and dismiss this suit as to the defendant, Henry D Bacon, but the other defendants, although duly summoned and called, come not but make default, wherefore, on motion of said attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of twelve hundred and seventy nine dollars and thirty six cents. It is therefore considered by the Court that the plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and their costs and charges herein and have execution therefor.
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**Joseph Templeton vs 479 Clay Taylor, Francis T Ryan and Edmonia Bryan**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants having failed to file an answer herein within the time allowed by the Court for them so to do, on motion of said attorney for the plaintiff it is ordered by the Court that the petition herein be taken against them as confessed: And the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of thirty eight hundred and eleven dollars and ten 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 also his costs herein expended and have execution therefor.
**Americus V Potter, Nathan F Mason, John D Potter & Arthur M Potter vs 607 William O Wheeler & John N Boffinger**
On note.
Now at this day come the plaintiffs, by their attorney, and dismiss this suit as to the defendant, Boffinger, but the other defendant, although duly duly summoned and called, comes not but makes default, wherefore on motion of the said attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed: And the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of four hundred and sixty two dollars and five cents. It is therefore considered by the Court that the plaintiffs recover of the said defendant, William O Wheeler the sum aforesaid as found and their costs in this behalf expended and have execution therefor.
**Theophile Schaefer vs 415 John G Mack**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiff and that execution issue therefor.
**Henry Killion and Daniel Killion vs 478 Patrick Long.**
Default.
Now at this day come the plaintiffs by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**Patrick Fitzgerald vs 209. St Louis Alton and Chicago Rail Road Company**
Nonsuit.
Now at this day comes the defendant, by their attorney, but the plaintiff, although duly called, comes not, wherefore, on motion of said attorney for the defendant, it is ordered that the 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 without day and recover of the said plaintiff its costs herein expended and have execution therefor.
**James O'Cannon vs 558 Daniel R Grace et al**
Answer filed by leave of Court.
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**Samuel Howison vs 227 Thomas L Rives**
Continued on affidavit at defendants costs.
**Martha Faris vs 315 Jonathan J Faris**
Proof of Publication. Default.
Now at this day comes the plaintiff, by her attorney, and files proof, satisfactory to the Court that the order of publication, heretofore made herein, has been duly published according to law; but the defendant, although duly notified and called, comes not but makes default, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed.
**Joseph Seal vs 259 Lucy Ann Seal**
Proof of Publication. Default.
Now at this day comes the plaintiff, by his attorney, and files proof satisfactory to the Court that the order of publication heretofore made herein has been duly published according to law but the defendant, although duly notified and called comes not but makes default, wherefore on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against her as confessed.
**Henry N Hart vs 100 John Matthews**
Default.
Now at this day comes the plaintiff, in his own proper person, but the defendant although duly summoned and called, comes not but makes default, wherefore, on motion of said plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed.
**Wilhelmine Reichard vs 408 The Manhattan Life Insurance Company of New York**
Default.
Now at this day comes the plaintiff, by her attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against the said defendant as confessed.
**Charles Greener vs 209 Thomas Allen**
Alias Writ ordered.
**Patrick Gallagher vs 790 Patrick Hart**
Alias writ ordered.
**John Foy vs 48 John Wasson et al**
Motion filed to strike out answer and for judgment.
**John M Clure vs 840 The St Louis and Iron Mountain and Pilot Knob Rail Road Company garnishee of William H Deriar**
Answer of garnishee filed.
**Andrew J Morrison vs 692 William C Hall**
Answer filed.
**William T Hazard vs 692 Lyman Scott et al**
Depositions for plaintiff opened and filed.
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> Handwritten Page Number on Record Book: 124
**Abraham Kramer and Adolph Loth vs M David P Kramer**
Motion for order on Sheriff to pay over money filed.
**Bethriel B Vincent et al vs 845 The St Louis & Iron Mountain and Pilot Knob Rail Road Company garnishee**
Answer of Garnishee filed.
**Edwin H Farnsworth vs 118 Dorothea Farnsworth**
Decree of Divorce.
Now at this day comes the plaintiff, by his attorney, and on his motion, and the defendant having heretofore made default, the Court proceeds to heav the proof herein, and having duly heard and considered the same, and being satisfied therefrom of the good conduct of the plaintiff and that the plaintiff is an innocent and injured party, doth order adjudge and decree that he be absolutely and forever divorced from the bonds of matrimony by him contracted with the defendant and be restored to all the nights and privileges of an unmanied person. It is further ordered that the said plaintiff pay the costs herein and that execution issue therefor.
**Granville Beeler vs 268 John McFaul**
Now at this day come the parties, by their respective 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 for the plaintiff and assess his damages sustained by reason of the premises mentioned in the petition at the sum of two hundred and seventy seven dollars and seventy eight cents. It is therefore considered by the Court that the plaintiff recover of the said defendant the sum aforesaid as assessed and his costs herein expended and have execution therefor.
**Cleander Mighells vs 28 Lorenzo D Jones**
Judgment. Replevin.
Now at this day come the parties by their respective attorneys and also a Jury, to wit: E Dobyns, Henry L Bramble, Charles F Stewart, Joseph M Ilwaine, F Wm Fenneborn, George Selden, Timothy Kirth, Patrick Greffin, Chas Roemer, J P Herman, James Hartiz and John Sells, twelve good and lawful men who being duly elected, and sworn the income herein joined well and truly to try the tual progressed, and being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff as to all of the property mentioned in the petition, except the gray horse and assess his damages at the sum of one cent, and the Jury further find that the and grey horese is the property of the defendant and assess the value of said property at the sum of one hundred and fifty dollars, and assess the damages for the taking and detention of the came at the sum of forty dollars. It is therefore considered by the Court that the said plaintiff retain possession of the property mentioned in the petition, except the said grey horse, and also recover of said defendant the sum of one cent as assessed by the Jury and the costs herein expended and have execution therefore, and that the said plaintiff return to said defendant the said grey horse or that the defendant recover of said plaintiff and of Samuel Middleton, the security in the replevin bond, the value of said property as assessed by the Jury, at the election of the defendant, and also the damages assessed for the taking and detention of the the said grey horse, and have execution therefor.
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Court met pursuant to adjournment. Present as before.
**James Foy vs 48 John Wasson, William H Timberlake, and George Smizer**
On notes.
Now at this day come the parties, by their respective attorneys, and submits the motion herein to the Court to strike out parts of the answer of defendants, and the Court having duly heard and considered the same and being fully advised of and concerning the same doth order that said motion be 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 for the plaintiff and assess his damages sustained by reason of the premises in the petition mentioned at the sum of one hundred and eighty four dollars and ninety six cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form of aforesaid as assessed and also his costs herein expended and have execution therefor.
Michael S Cerre, Sheriff of St Louis County, comes in open Court and acknowledges the execution of a deed by him as such Sheriff, to Calvin McMentry of all the night, title, interest, claim, estate and property of William Mentry of, in and to the following described property to wit; "a certain lot of ground in block number five hundred and eighty seven of the City of St Louis, bounded and described as follow, to wit: beginning at the Eastern line of Eleventh street where the same is interested by the North line of United States Survey number three thousand and three thence South along the East side of Eleventh Street forty eight feet, thence East and parallel with the North line of said survey one hundred and twenty seven feet six inches to a fifteen feet alley, thence North along said alley forty eight feet to the North line of said Survey, number three thousand and three, and thence to the place of beginning: "sold by virtue of an execution issued from the Office of the Clerk of St Louis Circuit Court in favor of John Carlisle against William McMentry and John McClelland returnable to the October Term. 1858.
**George D English, Homes H Dikeman and James G English vs 19 John Nevison**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of said attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of three hundred and two dollars and seventy cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid as assessed by the Court and also their costs herein expended and have execution therefore against the property attached herein at the commencement of suit.
**Nathan Levy vs 31 John Nevison**
Dismissal.
On motion of the plaintiffs attorney, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiff and that execution issue therefor.
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**John S Thompson, William White, and Hiram A Pryor, vs 9 John Nevison**
On account and note.
Now at this day come the plaintiffs, by their attorney, but the defendant, although duly notified and called, comes not but makes default, wherefore, on motion of said attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed: And the plaintiffs, waiving a Jury, submit this cause to the Court upon the petition and proofs, and the Court having duly heard and considered the same, doth asses the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of thirteen hundred and sixty eight dollars and eighty one cents. It is therefore considered by the Court that the said plain tiffs recover of the said defendant the sum aforesaid as assessed by the Court and also their costs and charges herein expended and have execution therefore against the property attached at the commencement of this suit.
**Richard P Hanenkamp and William B Hynes vs 10 John Nevison**
On account.
Now at this day come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of said attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; And the plaintiffs, waiving a Jury, submit this cause to the Court, upon the petition and proofs, and the Court, having duly heard and considered the same, doth asses the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of Seven hundred and seventy three dollars and thirty six cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid as assessed and their costs herein expended and have execution therefore against the property attached at the commencement of this suit.
**Michael S Mepham William G Mepham vs 17 John Nevison**
On account.
Now at this day come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of said attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; And the plaintiffs, waiving a Jury, submit this cause to the Court, upon the petition and proofs, and the Court having duly heard and considered the same, doth asses the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of One hundred and thirty five dollars and sixty cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefore against the property attached at the commencement of this suit.
**De witt C Sandford and James C Crane vs 15 John Nevison**
On account.
Now at this day come the plaintiffs, by their attorney, but the defendant, although duly notified and called, comes not but makes default, wherefore, on motion of said attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; And the plaintiffs, waiving a Jury, submit this cause to the Court upon the petition and proofs, and the Court, having duly heard and considered the same, doth asses the plaintiffs damages sustained by
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reason of the premises in the petition mentioned at the sum of One hundred and forty eight dollars and fifty eight cents. It is therefore considered by the Court that the said plaintiffs record of the said defendant the sum aforesaid as assessed and also their costs herein expended and have execution therefor against the property attached at the commencement of this suit.
**Archibald C Goddin, James T Johnson, Barton S Wilson and Elisha W Brown, vs 16 John Nevison**
On account.
Now at this day come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of said attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the plaintiffs, waiving a Jury, submit this cause to the Court, upon the pleading and proofs, and the Court, having duly heard and considered the same, doth asses the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of four hundred and thirty nine dollars and eighty four cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid as assessed and their costs and charges herein expended and have execution therefore against the property attached at the commencement of this suit.
**George Todd trustee vs 13. John Nevison**
On account.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed; and the plaintiff, waiving a Jury, submit this cause to the Court, upon the petition and proofs, and the Court having duly heard and considered the same, doth asses the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of three hundred and thirty nine dollars and seventy seven cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid as assessed by the Court and have execution for said amount, together with his costs herein expended, against the property attached at the commencement of this suit.
**The Globe Mutual Insurance Company of St Louis Missouri vs 328. Alonge Cutler, Sands E Selleck and Coomwell Sage**
On note.
Now at this day comes the plaintiff, by its attorney, but the defendants, although duly summoned and called, comes not but make default, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the Sum of five hundred and thirty eight dollars and twenty cents. It is therefore considered by the Court that the plaintiff recover of the said defendants the sum aforesaid as assessed by the Court and also its costs herein expended and have execution thereofor.
**Paul Rohrev et vs 308 Frederick Wales et al**
Continued.
**Isaac T Vandwyer et al vs 564 A S Dweier &c**
Depositions for defendants opened and filed
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**Viewer Page 132** (rcdbook1858_28_0131.jpg)
> Handwritten Page Number on Record Book: 128
**Martin Ceary vs 400 James J McBride, John Riley and Joseph P Marley**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of five hundred and ninety dollars and fifteen cents. It is therefore considered by the Court that the plaintiff recover of the said defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution thereofor.
**Aaron P Brainard vs 398 Job Stockton White and George Hulme**
On notes.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, White, although duly summoned and called, comes not but makes default, wherefore, on motion of said attorney for the said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against the said defendant as confessed: and the Court finds from the instruments of writing on which this action is founded that the said defendant, White, is in debted to the plaintiff in the sum of thirteen hundred and thirty three dollars and eighty five cents. It is therefore considered by the Court that the plaintiff recover of the said defendant the sum aforesaid as found and also his costs herein expended and have execution thereofor.
**Abraham Goldsmith and Ernest Klingstein vs 197 Adams Express Company**
Judgment.
Now at this day comes the parties, by their respective 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 for the plaintiffs and assess their damages sustained by reason of the premises in the petition mentioned at the sum of Eleven hundred and eleven dollars and sixty cents. It is therefore considered by the Court that the plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefor. Motion for new trial filed by defendant.
**George H Wicker60 George J King**
Continued as on affidavit at defendants costs.
**William A McDowell vs 61 George J King**
Continued as on affidavit at defendants costs.
**Robert Barclay et al vs 28 William B Hall et al**
Dismissal.
Now at this day come the plaintiffs, by their attorney, and on motion of said attorney it is ordered by the Court that this suit be dismissed at the costs of the said plaintiffs and that execution issue therefor.
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**Viewer Page 133** (rcdbook1858_28_0132.jpg)
> Handwritten Page Number on Record Book: 129
**Jacob Meyer and Joseph Sachs vs 412 Equitable Fire Insurance Company**
Judgment.
Now at this day come the parties by their respective attorneys, and also a Jury, to wit: J P Hermann, Edward Dobynx, Louis Howard, John N Spen, John Whitesides, J McIlwaine, Samuel McNeilly, George Watson, James Harty, William Fuerbourn, Charles F Stuart and Henry Bramble, twelve [and ?] good and lawful men, who being duly elected, tried and sworn well and truly to try the issues herein joined, the trail progressed, and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiffs and assess the damages at the sum of Seventeen hundered and ninety three dollars and fifty eight cents. It is therefore considered by the Court that the plaintiffs recover of the said defendants the sum aforesaid as assessed and also their costs herein expended and have execution therefor.
**August J Carpenter vs 49. Thomas Wall**
Trail.
Now at this day come the parties, by their respective attorneys, and submit the motion herein to strike out the defendants answer to the Court and the Court having duly heard and considered the said motion, doth order that the same be overruled; and therefore come also a Jury, to wit: Patick Griffin, Moses Pfeiffer, C D Roemen, John Sells, Simethy Reith and W M Clexton, six good, and lawfulmen, who being, by consent, duly elected, trid, and sworn the issues herein joined well and truly to try, the trail progressed and being finished the Jury retire to consider of their verdict.
**Charles Balmer vs 544 Philip Helgenberg**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of Six hundred and eleven dollars and forty two cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid as found and also his costs herein expended and have execution therefor.
**Louis Roever and Herman H Laumeier vs 700 Joseph B Sherer**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not, but makes default, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instruments of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of two hundred and eighty two dollars and seventy five cents. It is therefore considered by the Court that the plaintiffs recover of the said defendant the sum aforesaid as found and also their costs herein expended and have execution thereofor.
**Louis Roever and Herman H Laumeirer vs 57 Samuel Schmidt**
Default.
Now at this day come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of said attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed.
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**Gottfreid Kleinmann vs 11 John Helgenberg et al**
Chirstian Knibben, attorney for the defendant, Helgenberg, comes, and, by leave of Court withdraws the answer of the said defendant filed herein.
**John R Miller vs 478 Thomas Laurenson**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this suit be dismissed at his costs and that execution issue therefor.
**William S McKnight and James W Richardson vs 508 Bernard L Voorhees.**
Order of Sale.
Michael S Cerre, Esq, Sheriff of St Louis County, comes and files a statement, from which it appears, that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit, and is likely to depreciate in value; it is therefore ordered, that said Sheriff sell said property according to law, and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
**George Lefevre et al vs 849 Daniel T Wright et al garns of Thomas Hinton**
Reply filed to answer of garnishees.
**William Sausser vs M Franklin Bull garns of B F Cooper**
Reply and Denial of garnishees answer filed.
**George W Fuller vs 170 David Rees**
Leave is given the defendant to withdraw the depositions taken in his behalf and filed herein.
**George Pomeroy et al vs 328 Joshua H Alexander et al**
Motion filed to strike out the defendants answer.
**Louis A Benoist vs M Thomas E Courtney et al.**
Leave is given the plaintiff to withdraw the depositions filed herein.
**Francis Kellermann Jr and Francis Kellermann Senior vs 763 William Lingo and William McDonald.**
Default.
Now at this day come the plaintiffs, by their attorney, but the defendant, Lingo, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed; and on motion of said attorney for the plaintiffs it is ordered by the Court that this suit be dismissed as to the defendant, William McDonald.
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**Viewer Page 135** (rcdbook1858_28_0134.jpg)
> Handwritten Page Number on Record Book: 131
**David C Peacoch vs 305 Jeremiah T Sullivan et al**
Affidavit of Endorsement of A G Perry & Co, A G Peckham and J Jacobs filed.
**Joseph Cooper to use of M B Hendricks vs Charles Stinkle**
Depositions for plaintiff opened and filed.
**Septimus Levering vs 394 John Sigerson**
Assignment of judgment to Phineas J Thompson filed.
**Sarah Munday by her next friend Jared M Hottel vs 4 James Munday**
Decree of Divorce. Alimony.
Now at this day comes the plaintiff, by her attorney, but the defendant, although duly notified, by publication, and solemnly called, comes not but makes, default, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and therefore, on motion of said attorney, the Court proceeds to hear the proof herein, and having duly heard and considered the same, and being satisfied therefore of the good conduct of the plaintiff and that the plaintiff is an and forever divorced from the bonds of matrimony by her contracted with the defendant and be restored to all the nights and privileges of an unmarried person. And It is further ordered adjudged and decreed by the Court that the defendant pay the plaintiff the sum of two hundred and dollars per annum, for her alimony, upon the nineteenth day of October next and on the nineteenth day of October of each and every year thereafter, during the natural life of the said plaintiff, or until the further order of this Court, to be charged upon and paid out of the property of said defendant; and that the plaintiff recover of the defendant her costs herein expended and have execution therefor.
**William B Fenner vs 56 Maria D Fenner**
Decree of Divorce.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against her as confessed: and, on motion of said attorney, the Court proceeds to hear the proof herein, and having duly heard and considered the same, and being satisfied therefrom of the good conduct of the plaintiff and that the plaintiff is an innocent and injured party doth order adjudge and decree that he be absolutely and forever divorced from the bonds of matrimony by him contracted with the said defendant and be restored to all the right and privileges of an unmarried person. It is further ordered by the Court that the said plaintiff pay the costs herein and have execution therefor.
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Court met pursuant to adjournment. Present as before.
**Andrew J Short vs 256 John D Ludden**
Answer filed.
**Ernest Brey vs 585 Barnett and Weber**
Answer filed.
**Bernard Smith vs 56 William H Smith**
Reply filed.
**Andrew A Van Zeyst vs 96 Illinois Central Rail Road Company**
Continued.
**In the matter of the assignment of M William Wade and Company**
Order of Sale.
On the petition of the assignee, it is ordered by the Court that said assignee proceed to sell, after giving twenty days public notice, the St Louis Planing Mill together with the patent rights for the machinery therein and said machinery and the lease of the ground on which the same is located, upon the following terms; one half of purchase money to be palid in six months after the day of sale and the balance twelve months after the day of sale, the payments to be secured by satis factorily endorsed notes and duds of trust on the property sold: And it is further ordered that said assignee proceed to sell the residue of the property assigned upon such terms as may to him sum good, provided, that the payments for the same shall be fully made within twelve months from the date of this order.
**William Taylor vs 599 Joseph Stockdale**
Order of Publication. Attachment.
The Sheriff having made return that the defendant cannot be found, and the Court being satisfied that process cannot be sewed upon him, therefor, on motion of the attorney for the plaintiff, it is ordered by the Court that he be notified that a civil action has been commenced against him for the sum of three hundred and fifty dollars found on a draft; and that his property has been attached, and unless he be and appear at the next term of this Court to be holden at the City of St Louis, within and for the County of St Louis, on the fourth Monday of February next, and on or before the third day thereof answer the person herein judgment will be 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 Missouri Republican, a newspaper printed and published in the City of St Louis.
**Dewitt Van Evera and Hallet Kilburn vs 121 Heyman Levin**
On Bills of Exchange. Judgment by consent.
Now at this day come the parties by their respective attorneys, and the said defendant withdraws his plea in abatement filed herein and consents that judgment may be rendered against him in favor of the plaintiffs for the sum of twenty five hundred and nine dollars and eighty eight cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the own aforesaid as agreed upon and their costs herein expended and have execution therefor. And by like consent of parties it is further ordered by the Court that the property attached herein and claimed by John Levin be released, and the garnishees summoned herein discharged. Ten dollars allowed garnishee, L W Patchin for answering.
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**George L Nickolls and Robert E Campbell 120 Heyman Levin**
On Bills of Exchange. Judgment by consent.
Now at this day come the parties by their respective attorney and agree that he petition herein may be amended by adding on additional count on a draft for three hundred dollars, dated September fourteenth, eighteen hundred and fifty seven; which amendment is accordingly made; and thereupon the said defendant with draws his plea in abatement feled herein, and convents that judgment may be rendued in favor of the plaintiffs for the sum of twenty hundred and eighty dollars and fifty nine cents. It is therefore considered by the Court that the said plaintiffs recover of the and defendant the sum aforesaid as agred upon and this costs herein expended and have execution therefor.
And by like consent of parties, it is further ordered by the Court that the personal property attached herein and claimed by John Levin be and the same is hereby released, and the garnishees summoned herein discharged.
**John Levin vs M James Castello**
Dismissal.
By consent of parities, it is ordered by the Court that this suit be dismissed at the costs of the plaintiff and that execution issue therefor. The defendant by his attorney, waives all claim for damages on account of the taking, and detention of the property mentioned in the petition.
**Heyman Levin vs 139 George S Nicholls and Robert E Campbell**
Dismissal.
On motion of the attorney for the plaintiff it is ordered by the Court that this suit be dismissed at the costs of the said plaintiff and that execution issue therefor.
**William T Hazzard vs 692 Lyman Scott et al**
Depositions for plaintiff opened and filed.
**John Levin vs 192 Layman W Patchin**
Dismissed
By consent of parties it is ordered by the Court that this suit be dismissed at the costs of the plaintiff and that execution issue therefor. The defendant, by his attorney, waives all claim for damages on account of the taking and detention of the property mentioned in the petition.
**Gottfreid Klinmann vs 11 John Helgenberg, Henry Boernstein, and Frederick Reichard**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Richard, and the defendant, Helgenberg, having withdrawn his answer leaving this action undefended, it is, therefore, on motion of said attorney, for the plaintiff, ordered that the petition herein be taken against him as confessed: and thereupon comes the defendant, Boerstein and also a Jury, to wit; Edward Dobyns, J P Human, Louis Howard, J H Sparr, John Whitesides, J McIlivaine, Samuel McNeilly, George Watson, James Hary, W Furerborn, Charles F Stuart, and Henry Bramble, twelve good and lawful men, who being duly elected, tried and swom the issues herein joined well and truly to try, the trial progressed and assess his damages at the sum of Eight hundred and one dollars and twenty one cents. It is therefore considered by the Court that the said plaintiff recover of the
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said defendants the sum aforesaid in form aforesaid as assessed, together with interest thereon at the rate of ten per cent per annum from this date until paid and also his costs herein expended and have execution therefor.
**Edward Pate vs 116 George D Moore, Thomas Clarke, William Shaw, William Ackley and Ross W Doyle**
Now at this day come the plaintiff by their respecttive attorneys, and file an agreement herein, and consent the judgment may be rendered herein in favor of the plaintiff for the sum of three hundred dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as agreed upon and also his costs herein expended and have execution therefor. Thereupon, Aylett Bunkner, attorney for said plaintiff, here, in open Court, acknowledges to have received full and entire satisfaction of the above judgment.
**August J Carpenteir vs 49 Thomas Wall**
Judgment Replevin.
Now at this day come the parties by their respective attorneys and also the Jury empannelled and sworn herein, and the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess the damages sustained by reason of the premises in in the petition mentioned at the sum of one cent. It is therefore considered by the Court that the said plaintiff retain possession of the property mentioned in the petition and also recover of the said defendant the sum aforesaid in form aforesaid as assessed together with his costs herein expended and have execution therefor.
**Alexander Mighells vs 28 Lorenzo D Jones**
Motion for new trail filed.
**Henry Linkemeyer vs 140 Michael Plunkett et al**
Continued.
**Sanguinette H Benoist and Patrick H Donnelly vs 84 Solomon H Robbins**
Dismissal.
On motion of the attouney for the plaintiff it is ordered by the Court that this suit be dismissed at the costs of the said plaintiff and that execution issue therefor.
**William Wade et al vs 78 Joseph B Holland**
Continued on affidavit at defendants costs.
**Jacob Hostetter et al vs 155 Albright and Moore**
Continued as on affidavit at plaintiffs costs.
**Henry Wells President &c vs 150 Michael A O'Rourke**
Continued by consent.
**John Grether vs 118 W B Watson**
Continued as an affidavit at plaintiffs costs.
**Charles R Anderson vs 876 Charles D Coleman et al garns**
Interrogatories filed.
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> Handwritten Page Number on Record Book: 135
Court met pursuant to adjournment. Present as before.
**Henry Linkemeyer vs 140 Michael Plunkett et al**
Ordered that an alias Summons issue herein.
**John O Cannon vs 508 Daniel R Grace et al**
Motion to strike out answer and for judgment filed.
**Amos R Little and Edward D Stokes vs 485 John McDowell and George McDowell**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendants, although duly summoned and called, comes not but make default, wherefore, on motion of the said attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of five hundred and twenty one dollars and forty eight cents. It is therefore considered by the Court that the plaintiffs recover of the said defendants the sum aforesaid in form afore said as found their costs herein expended and have execution thereofor.
**Earl Matlack vs M William A Lynch, Anderson Arnot, Jesse Arnot, and George W Lynch**
On note.
Now at this day comes the plaintiff by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of ten hundred and sixty three dollars and nine cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and his costs in this behalf and have execution thereofor. Judgment to bear interest at the rate of ten percent per annum from this date until paid.
**Nicholas Schaeffer, Eberhard Anheuser, James Reilley and Adolf Krauss vs 20 John Nevison**
On account.
Now at this day come the plaintiffs, by their attorney, but the defendant, although duly notified by publication and solemnly called comes not but make default, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed; and the plaintiffs, waiving a Jury, submit this cause to the Court upon the petition and proofs and the Court, having duly heard and considered the same, doth assess the plaintiffs damages, sustained by reason of the premises in the petition mentioned, at the sum of three hundred and two dollars and fifty nine cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid as assessed and their costs herein expended and have execution therefor against the property attached herein at the commencement of this suit.
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**Thomas S M Nair vs 694 John Largue and Charles L Hunt**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Lorgue, but the defendant Hunt, although duly summoned and called, comes not but makes default, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendant, Hunt, is indebted to the plaintiff in the sum of five hundred and forty four dollars and eighty five cents. It is therefore considered by the Court that the plaintiff recover of the said defendant the sum aforesaid as found and his costs herein expended have execution thereofor.
**Maturin Linvingston, William S Livingston, and Francis A Linvingston, vs M Miles G Moies**
Confession of Judgment.
The defendant comes and files a statement in writing duly verified by affidavit, whereby he confesses himself indebted to the plaintiffs in the sum of Eleven hundred and forty one dollars and ninety nine cents, and consents that judment may be rendered against him for that amount. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid as confessed and also their costs herein expended and have execution therefor.
**Mary L Tarr vs M William Tarr**
Decree of Divorce.
Now at this day comes the plaintiff, by her attorney, but the defendant, although duly notified and called, comes not but makes default, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court after hearing the proof herein, being satisfied that the plaintiff is an innocent and injured party, doth order adjudge and decree 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 that the plaintiffs maiden name, Mary L Perry, be restored to her, and be dumed and taken as her only true and lawful name. It is further ordered that the defendant pay the costs herein and that execution issue therefor.
**George W Clarke Jr and Almond L Richardson vs 74 A S Roberts Jr**
On Plea in Abatement.
Now at this day come the parties, by their respective attorney, and thereupon come also a Jury, to wit: J McJlvaine, George Watson, James Harty, William Fuerbom, Charles F Stuart, Henry Bramble, Patrick Griffin, Moses Pleiffer, C D Roerner, John Sells, Timothey Keith and William M Clexton, twelve good and lawful men, who being duly elected tried and sworn the matters I controversy, upon the plea I abatement well and truly to try the trial progressed, and being finished the Jury retire to consider of their verdict.
**Wilhelmine Richard vs 408 The Manhattan Life Insurance Company of New York**
Default set aside.
It appearing to the Court that the default herein on the eighteenth of October, eighteen hundred and fifty eight was wrongly taken, therefore, on motion of the attorney for the defendant, it is ordered that the same be sit aside and for naught held.
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> Handwritten Page Number on Record Book: 137
**The Bank of the State of Missouri vs 631 Addison G Bragg, Oliver T Bragg, Michael Burrowes, Gerhard H Timmerman and William Palm**
C F Burnes, attorney for the plaintiff, comes in Open Court and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the nineteenth day of April last past for the sum of twenty seven hundred and seventy five dollars and twenty two cents.
**The Bank of the State of Missouri vs 631 Addison G Bragg, Oliver T Bragg, Michael Burrowes, Gerhard H Timmerman**
C F Burnes, attorney for the plaintiff, comes in Open Court and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the nineteenth day of April last past for the sum of thirteen hundred and thirty nine dollars and thirty cents.
**John Tevis vs 127 Charles R Hall admr of Joshua Tevis et al**
The Court having duly heard and considered the demurrer to the amended petition herein, and being thereof fully advised, doth order that the same be overruled.
**Benson G Connor vs 865 James B Goff garnishee of B H P Butler**
Answer of garnishee filed.
**John D Haslett vs 185 John Decker**
Reply filed.
**James G McPhuters vs 877 J A Barret garnishee of John Sigerson et al**
Interrogatories filed by leave of Court.
**James McCord vs 693. William Fulton**
Motion to strike out answer and for judgment filed.
**John W Thomburg vs 740 Edward Dobyns**
Amended petition by leave of Court.
**Ja Foy vs Jno Wasson et al**
Motion for new trial filed.
**George Fitzpatrick et al vs 706 Emanuel Block et al**
Answer filed by leave.
**James M Clark vs 224 Thomas L Rives et al**
Motion to strike out answer filed.
**Henry M Buckner, Benjamin E Hall, David G Hatch and David P Buckner vs 7 Frederick A Schmucker & James B Kimball**
Order of Sale.
Michael S Cerre, Esq, Sheriff of St Louis County, comes and files a statement, from which it appears that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit, and is likely to depreciate in value before the probable termination of this suit; it is
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therefore ordered that said Sheriff proceed to sell said property, according to law, and that he make a report of his proceedings under this order before the first day of the next term of this court.
**Henry M Buckner, Benjamin E Hall, David G Hatch, and David P Buckner, vs 8 Frederick A Schmucker and James B Kimball**
Order of Sale.
Michael S Cerre, Esg, Sheriff of St Louis County, comes and files a statement in writing from which it appears, that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit and if likely to depreciate in value; it is, therefore, ordered, that said Sheriff sell said proputy, according to law, and that he make a repot of his proceedings under this order on or before the first day of the next term of this Court.
**Bowman C Baker, Nimrod H Sinclair, Joel Baker and James P Garvey vs 9 Frederick A Schmucker and James B Kimball**
Order of Sale.
Michael S Cerre, Esq, Sheriff of St Louis County, comes and files a statement from which it appears, that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit and is likely to depreciate in value; it is, therefore, ordered, that said Sheriff sell said property according to law, and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
**Stephen D Grofflin and Samuel G Nowell vs 10 Frederick A Schmucker and James B Kimball**
Order of Sale.
Michael S Cerre, Esq, Sheriff of St Louis County, comes and files a statement from which it appears that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit and is likely to depreciate in value; it is, therefore, ordered that said Sheriff sell said property according to law and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
**George T Pittman, Albert Tenant and George H Kerr vs E S Castle & Co**
Order of Sale.
Michael S Cerre, Esq, Sheriff of St Louis County, comes and files a statement from which it appears that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit and is likely to depreciate in value; it is, therefore ordered that said Sheriff sell said property according to law and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
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Court met pursuant to adjournment. Present as before.
**John Burke vs 222 Edward T Dix**
Continued.
**Francis Hamilton vs 345 Fredrick Myers et al**
Continued by consent.
**Hannah Caddington vs Morris Caddington**
Continued.
**Heniretta Myers vs 349 Henry Myers**
Continued as on affidavit at plaintiffs costs.
**John H Calhoun vs 264 George Fredericks**
Continued as on affidavit at defendants costs for absence of George Elbert a witness.
**Samuel Mount vs 519 Samuel Denny et al**
Reply filed.
**Henry E Warren vs 38 Cornelius H Tunison et al**
Answer filed.
**John D S Haslett vs 185 John Decker**
Motion to strike out Reply filed.
**State to use of Ipold vs 512 Wilgus Noble and Co**
Abstract of issues filed.
**William H Oliver vs 379 Adams Express Company**
Answer filed by consent.
**Gottfreid Kleinmann vs 11 John Helgenberg**
Motion for new trial filed.
**Armelder F Pack vs 15 Francis Hudson**
Order of Injunction.
On reading and filing the petition herein, it is, on motion of plaintiffs attorney, ordered that said plaintiff and said defendant and they, and each of them, their servants, agents and attorneys, be and they are hereby enjoined and restrained from selling or disposing of the partnership property of said parties and from collecting or receiving the debts of the partnership over any wise intermeddling with the affairs of the partnership of said parties until the further order of this Court. The plaintiff files a bond in the sum of Six thousand dollars which is approved by the Court.
**Hayman Levin vs 138 Dewitt Van Evera et al**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this suit be dismissed at his costs and that execution issue therefor.
**Zachavah W Tinker vs 315 Elizabeth Tinker**
Decree of Divorce.
Now at this day comes the plaintiff, by his attorney, and files proof satisfactory to the Court that the order of publication heretofore made herein has been duly published according to law, but the defendant, although duly summoned and called comes not but make default, wherefore on motion of said attorney for the plaintiff it is ordered by the Court that the petition herein be taken against her as confessed; and therefore, on motion of said attorney the Court proceeds to have the proof herein, and having duly heard and considered the
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same, and being satisfied therefrom of the good conduct of the plaintiff and that the plaintiff is an innocent and injured party, doth order adjudge and decree that he be absolutely and forever divorced from the bonds of matrimony by him contracted with the defendant and be restored to all rights and privileges of an unmarried person. It is further ordered that the plaintiff pay the costs herein and that execution is sue therefor.
**Louisa L Wilson vs 290 Jesse W Wilson**
Decree of Divorce.
Now at this day comes the plaintiff, by her attorney, and on motion of said attorney, and the defendant having made default, the Court proceeds to hear the proof herein, and the Court having duly heard and considered the same, and being satisfied therefrom of the good conduct of the plaintiff and that the plaintiff is an innocent and injured party, doth order adjudge and decree that she be absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant and be 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 case and control of the infant children John Wesley Wilson and Luther D Wilson, mentioned in the petition, it is therefore further ordered that said plaintiff have the case custody and control of the said infant children, and that the said defendant be restrained and enjoined from interfering with the plaintiff in this behalf until the further order of this Court. And it is further ordered, adjudged and decreed that the defendant pay the plaintiff the sum of four hundred dollars per annum for her maintenance and support and the maintenance, support and education of the infant children aforesaid, payable on the twenty second day of October next and on the twenty second day of October of each and every year thereafter until the further order of this Court; and further that the plaintiff recover of the defendant her costs herein expended and also the sum of One hundred dollars for her counsel fees to be taxed against said plaintiff as costs and have execution therefor.
**Theodore E Dickerson vs 352 St Louis Lumbermen and Mechanics Insurance Company**
Policy of Insurance.
Now at this day come the parties, by their respective attorneys, and thereupon come also a Jury to wit: George Selden, Edward Dobyns, Louis Howard, John Whitesides, J McIlivaine, Samuel Mcneilly, George Watson, James Harty, William Fuerborn, Charles F Stuart, Henry Bramble, and Patrick Griffin, 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 finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess the damages at the sum of twenty one hundred and forty dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforeasaid in form aforesaid as assessed by the Jury and also his costs herein expended and have execution therefor.
**Bacon Hyde and Company vs John T Chappell V Frank Valli, John B Valli and Neree Valli**
The plaintiffs, by their attorney, come in open Court and acknowledge to have received full and entire satisfaction of the judgment rendered herein.
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> Handwritten Page Number on Record Book: 141
**Richard Crinnion vs 886 Daniel O Brien and Michael Campbell**
Order of Injunction.
On reading and filing the petition, and on motion of the plaintiffs attorney, it is ordered that the said defendant Daniel O Brien, his servants, agents and attorneys, be and they are hereby enjoined and restrained from selling and from further advertising for sale a certain parcel of land situated in the township and county of St Louis known as the South half of Block number fifteen as designated in parcel nember one upon the plat of the subdivision of the Benito Vasgues now usually known as the Penrose tract, containing one acre and thirty two hundredths of an acre, bounded north by the north half of the same block West by Block Sixteen East and South by streets and being the same acquired by Richard Crinnion by dud of Henry B Hoffman guardian and of Mary Ann Penrore recorded in Book D number six page eight in the Recorder's Office of St Louis County Missouri. The plaintiff files a bond in the sum of twelve hundred dollars, condition according to law, with Thomas Crinnion, as security, which bond is approved by the Court. Thereupon come the defendants by PB Garesche their attorney, and waive survive of the above order and also waive the issue and service of process and enter their appearance to this action, wherefore, it is ordered by the Court this cause be set for trail at the present term of this Court. Ten days is given the defendants to file an answer herein.
**Robert Logan vs 120 Uriel Wright and William A Lyn**
Now at this day comes, the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against them 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 access the plaintiffs damage sustained by reason of the promises in the petition mentioned at the sum of two hundred and ten dollars and eighteen cents. It is therefore considered by the Court that the plaintiff recover of the said defendants the sum of aforesaid as assessed and also his costs herein expended and have execution therefor.
**Bernardine Florez vs 313 Able S Merritt, George W Manning and Lee C Wallace**
Injunction rendered perpetual.
Now at this day come the parties by their respective 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 for the plaintiff and that he has sustained damage by reason of the premises in the petition mentioned in the sum of One cent. It is therefore considered adjudged and decreed by the Court that the injunction heretofore granted herein be and the same is hereby rendered perpetual and absolute as therein recited and that the plaintiff recover of the defendants the damages aforesaid in form aforesaid as assesses and his costs herein expended and have execution therefor.
**Mary Cresta vs 279 Emanuel Cresta**
Decree of Divorce.
Now at this day comes the plaintiff, by her attorney, but the defendant although duly notified and called comes not but makes default, wherefore, on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed; and
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the Court after hearing the proof herein, being satisfied of the good conduct of the plaintiff and that the plaintiff is an innocent and injured party, doth order adjudge and decree that she be absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant and be 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 control of the infant children Mary and Theresa, mentioned in the petition, who are of tender years, it is therefore further ordered, adjudged and decreed by the Court that said plaintiff have the care custody, control and maintenance of the infant children aforesaid, 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 that the plaintiff pay the costs herein and that execution issue therefor.
**Thomas Cradan vs Catharine Cradan**
Non suit.
Now at this day comes the defendant, by her attorney, but the plaintiff although solemnly called comes not, wherefore on motion of said attorney for the defendant, it is ordered by the Court that the said plaintiff be nonsuited and that the defendant go hence without day and recover of the plaintiff her costs herein and have execution therefor.
**Henry Blaksley vs John Keller**
Now at this day comes the plaintiff, by his attorney and files proof satisfactory to the Court that the order of publication make herein has been duly published according to law, but the defendant, although duly notified and called, comes not but makes default, wherefore, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed; And the plaintiff, waiving a Jury, submits this cause to the Court, upon the petition and proofs, and the Court having duly heard and considered the same, doth assess the plaintiffs damages sustained by reason of the premises in his petition mentioned at the sum of Six hundred and eighty one dollars and forty two cents. It is therefore considered by the Court that the plaintiff recover of the said defendant the sum aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor against the property attached at the commencement of this suit.
**George W Clarke Jr and Almond L Richardson vs 74 A S Roberts Jr**
Now at this day come again the parties, by their respective attorneys, and also the Jury empannelled and sworn herein, and the Jury aforesaid upon their oaths aforesaid find for the defendant. It is therefore considered by the Court that the defendant was not about to remove out of this state with the intent to change his domicil and that he was not about to remove his property and effects out of this State with the intent to defraud, hinder, or delay his creditions; wherefore, it is ordered by the Court that the attachment herein be dissolved and that the defendant go hence without day and recover of the plaintiffs his costs herein expended and have execution therefor.
**George Pomeroy, William H Benton Jr, and George H Chase. vs 163 Theodore Betts, John D Mellen, Joshua Jackson and A A K Sawyer**
On Bill of Exchange.
Now at this day come the plaintiffs, by their attorney, but the defendants, having failed
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to appear and answer the amended petition herein, whereby this suit remains undefended, wherefore, on motion of said attorney for the plaintiffs, it is ordered by the Court that the said amended petition be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of thirteen hundred and eighteen dollars and twenty three cents. It is therefore considered by the Court that the plaintiffs recover of the said defen dants the sum aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**Presley Philips vs 146 Benjamin F Hutchinson et al**
Demurrer to Counter claim filed by leave of Court.
Court met pursuant to adjournment. Present as before.
James Castello, late Sheriff of St Louis County, comes in Open Court and acknowledges the execution of a Deed by him, as such Sheriff, to Louis A Benoist, of all the right, title, interest, claim, estate and property of Louis T Curtis, of in and to the following described premises, to wit:- Lots nineteen and twenty in Block one of P M Dillon's third addition to the City of St Louis being in Block four hundred and seventy nine of said City, beginning in the East line of Dillon street, one hundred feet South from the South line of Hickory street, thence East parallel with Hickory street One hundred and twenty seven and one half feet to an alley fifteen feet wide, thence South with the West line of said alley fifty feet, thence West parallel with Hickory street One hundred and twenty seven and one half feet to Dillon street, thence North with the Eastern line of Dillon street fifty feet to the place of beginning; also Lot in Saint Louis County to wit; number thirty three in Block number ten of the East Union Addition to the City of Saint Louis being thirty feet on Lucas Street by one hundred and sixty feet nine inches in depth and bounded South by Lucas Street, West by lot thirty four of said Block number ten North by an alley and East by lot thirty two in said block number ten. Sold by virtue of an execution issued from the Office of the Clerk of the St Louis Circuit Court in favor of Louis A Benoist to Louis T Curtis.
James Castello, late Sheriff of St Louis County, comes in Open Court and acknowledges the execution of a Dud by him, as such Sheriff, to Alfred H Wing of all the right, title, interest, claim, estate and property of Charles W Woodworth in and to the following described property, to wit; a certain leashold estate situated in the City and County of St Louis State of Missouri, in Block number eighty seven of said City beginning at a point in the East line of Fourth Street where the North line of Pine Street interests said East line
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of fourth Street thence Eastwardly along, the North line of Pine Street forty nine feet five inches where the East of the Saint Louis Common, Field lots intersects said North line of Pine Street, thence Nothwardly along said East line of St Louis Common Field Lots to the South Lot of Mary Moser in parallel to Pine Street fifty four feet three inches Westwardly to the East line of Fourth Street, thence Southwardly thirty two feet to the point of beginning: bounded West by Fourth Street, South by Pine Street, East by said East line of Saint Louis Common Field Lots which Separates the lot from the property of Blanchand's representatives; Sold by virtue of an execution issued from the Office of the St Louis Circuit Court in favor of James B Neil, Samuel Black and Alfred H Wing against Charles W Woodward.
**William D'Oench et al vs William Hessy**
Plaintiffs, by their attorney, come in Open Court and acknowledge to have received full and entire satisfaction of the Judgment rendered herein January 28 1858.
**Andrew J Short vs 347 William B Ferguson et al garns**
Answer of Patterson and Ferguson filed.
**David Block vs 1 Solomon Block**
Answer filed.
**David Block vs 2 Louis Block**
Answer filed.
**Thomas Reyburn's Executrix vs 365 Thomas A Lonergan**
Reply filed.
**John Tevis vs John C Tevis et al**
Answer to amended petition filed.
**John Richards vs 775 Joseph Foster**
Exhibits filed by defendant and also motion to strike out parts of defendants answer.
**Edward Bredell et al vs 314 Jane Powell et al**
Answer of Elizabeth B Powell and Julia R Wilgus filed by William R Biddlecome, guardian ad litem.
**Asa T Rolf vs 569 Daniel D Page et al**
Ordered that an alias Summons issue for H D Bacon.
**Cerf Veil vs 782 Peter Gazzall**
The defendant withdraws the Demurrer filed herein and by leave of Court files and answer.
**Robert W Johnson et al vs 167 John C Ivory**
The Court having duly heard and considered the Demurrer to the Petition herein, and being thereof fully advised, doth order that the same be overruled. Three days time is given the defendant to answer. Answer filed.
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**Louis F Bompart, Louis B Bompart, Henry Bompart, Joseph Bompart, Aurore Bompart, Catharine Theresi Bompart, John Boptiste Bompart, Celestin Prerry, and Theresi, his wife, John W Tooley, Edward M Haydel, and Ann C, his wife, and Stephen Rice, al of age Elizabeth Phillips and Robert Phillips, minors by Louis F Bompart, their guardian, Bernard M Rice, Rose Rice, and Edmund Rice, minors, by Edward M Haydel, their guardian. vs. Charles Rodermann, and Celeste his wife, Mary Madeline Delorier, Melinda Bompart and John W Rice.**
Decree.
And now again come all the parties aforesaid, and it appearing to the Court that pending this suit the defendants, Me linda Bompart and John W Rice, have become of full age, and now move the Court that they be made plaintiffs herein, which is according by done; Whereupon, the defendants confess the allegations of the petition to be true, and the plaintiffs and defendants submit the cause to the Court upon the facts set forth in the petition, and the Court, being fully advised of and concerning the premises, doth ascertain and find that the plaintiffs are entitled to the relief prayed for by them in their said petition; and the Court doth therefore, by the consent of said parties, order, adjudge and decree that the title to the subdivisions of the lot first described in said petition, viz; a certain lot of ground fronting on the cast side of Second Street in the City of St Louis, County of St Louis, South of and adjoining the Green Tree Tavem, having a front of sixty feet by a depth of One hundred and fifty feet, French measure, be established and fixed as follows, viz: that whatever title the plaintiffs or the defendants, Charles and Celeste Rodermann have in and to a lot, part of the lot aforesaid, having a front of twelve feet on Second Street by the depth aforesaid being the Northernmost twelve feet of said larger lot, and also all the title which they or either of them have in and to another lot, in said larger lot, having a front of twelve feet on Second Street by the depth aforesaid, bounded South by the Southernmost lot of twelve feet front in said subdivision, be divested out of them, without any act by them to be done, and vested in the said Mary Madeline Delaurier and her heirs and assigns in fee forever; that whatever title the coplaintiffs of said Louis B Bompart or the other defendants have in and to the lot immediately South of the lot of twelve feet front first above described, which lot has the same extent of front and depth, be divested out of them and be vested without any act by them to be done in said Louis B Bompart, and his heirs and assigns, in fee, forever; that the title of the lot lying next South of the lot last above described and having the same extent of front and depth be vested in the heirs at law of Baptiste Bompart, deceased, and in the said Celeste Rodermann and Mary Madelaine Delaurrier, they taking the same interest therein as they would have taken if both had been full sisters of the said Baptiste Bompart, deceased, and that whatever title the said defendants and the said plaintiffs, Louis F Bompart, Louis B Bompart, Henry Bompart, Joseph Bompart, John Bapiste Bompart, Aurore Bompart, Catharine Therese Bompart, Celestin Prerry, and Therese, his wife, Elizabeth Philips and Robert Philips and Melinda Bompart, have in and to the Southernmost lot of said subdivision having a front of twelve feet on Second street by the depth aforesaid, be divested out of them without any act by them to be done and vested in the plaintiffs Ann C Heydel, wife of Edward M Heydel, Stephen Rice, Bernard M Rice, Rose Rice, Edmund Rice and John W Rice, and their heirs and assigns in fee forever.
And the Court doth further order, adjudge and decree that the titles to the tract of land, second described in said petition, to wit; a certain tract of land situate on the River dis Peris, in said County, containing one hundred arpents, being in the east
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> Handwritten Page Number on Record Book: 146
part of Survey no 1930 of the United States and being part of a concession by the Spanish Government to Therise Barois and Francis Brageaw, be established and fixed as follows, viz; that all the title of the plaintiffs and of the defendant, Mary Madeline Delaurier, in and to the lots designated by the letters A and B in said petition, having an extent of four arpents on the South line of said Survey 1930 by a depth, together Northerwardly of ten arpents, and bounded East by land now or formerly of Louis Bompart and West by land now or formerly of John C Marshall, be divested out of them and without any act by them to be done be vested in Celeste Rodermann, wife of said Charles Rodermann, and her heirs and assigns in fee forever; that all the title of said plaintiffs and of Mary Madelaine Delaurier, co defendant of said Charles and Celeste Rodermann, in and to the lot designated by the letter, C, in said petition, having an extent of four arpents on the North line of said lot B and a depth Northwardly of five arpents, bounded North and South by the same lands as said lots A and B, be divested out of them and without any act by them to be done, be vested in the said Celeste Rodermann, and her heirs and assigns, in fee, forever; that all the title of the defendants and of the co-plaintiffs of said John U Tooley in and to said lot designated by the letter D in said petition, having an extent of four arpents on the Northern line of said lot C by a depth Northwardly of five arpents, bounded East by lot, E next hereinafter described, South by lot, C West by land now or formerly of said Marshall and North by land formerly of Louis Bompart, be divested out of them and without any act by them to be done rested in said John W Tooley, and his heirs and assigns, in fee, forever, and that all the title of the plaintiffs, Louis F Bompart, John Baptiste Bompart, Celestein Prerry and Thereise, his wife, Elizabeth Phillips, and Robert Phillips and of the defendants, Charles Rodermann and Celeste Rodermann, his wife, and Mary Madeline Delaurier, in and to the said lot designated by the letter, E, Having an extent of five arpents on the East line of said lot D by a depth Eastwardly of four ar pents and bounded North, East, and South by land formerly of Louis Bompart, and West by said lot D, be divested out of them and without any act by them to be done vested in the plaintiffs Louis B Bompart, Henry Bompart, Joseph Bompart, Catharine Therise Bompart, and Melinda and their heirs and assigns, in fee, forever, Subject, however, to the dower of Aurore Bompart and in the said Aurora Bompart is vested the undivided one third of said lot, E, for life.
**Sarah Harsh vs 556 Solomon Sonneborn**
The Court having duly heard and considered the demurrer filed herein to the petition and being thereof fully advised doth order that the same be overruled. Ten days given to answer.
**Richard J Tunstall et al vs 88 Joseph Shinkle**
Dismissal.
On motion of the attorney for the plaintiffs, it is ordered by the Court that this suit be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Samuel S Homans et al vs 145 Adolphus Schoenhous et al**
On motion of the attorney for the plaintiffs it is ordered by the Court that this suit be dismissed at the costs of the said plaintiffs and also that garnishee summoned in this action be discharged.
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**Viewer Page 151** (rcdbook1858_28_0150.jpg)
> Handwritten Page Number on Record Book: 147
**In the matter of the late Bank of the State of Missouri**
The Charter of the Bank of the State of Missouri having copied by the acceptance of the New Charter, on the twenty third day of May, A, D, 1857 James M Hughes, President of said Bank of the State of Missouri, by C F Burnes, attorney, comes and files an application, in pursuance of Section 10 of chapter X of article IV of an act of the Lsgislature of the State of Missouri, entitled, "An act to regulate Banks and Banking Institutions, and to create the Offices of Bank Commissioners", approved March 2rd, 1857; and, on his motion, the Court doth order: that all demands against the Bank of the State of Missouri, under its old charter, shall be presented at the counter of the present Bank of the State of Missouri at St Louis, or its branches at Palmyra, Fayette, Springfield, or Cape Girardean, prior to the first day of January, A, D, 1860; and unless thus presented previous to said first day of January, 1860, such debts and demands of every kind whatever shall be forever barred. And it is further ordered by the Court that notice of such limitation and of this order shall be given to the creditors of said Bank, by publication in the Weekly Missouri Republication, Weekley Missouri Democrat and Weekley St Louis Evening News, three newspapers printed and published in the City of St Louis; said notice to be so published from the first day of November, 1858, until the first day of January, 1860.
**William R Martin and Charles G Martin vs 311 Jacob Clearwater and Hardin**
On note.
Now at this day come the plaintiffs by their attorney, but the defendants, although duly warned and called, come not but make default, wherefore, on motion of said attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of two hundred and sixty one dollars and twenty 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 found and also their costs herein expended and have execution therefor.
**George Dominick vs 362 Frederick W Hackman et al**
The Court having duly heard and considered the demurrer to the petition herein, and being thereof fully advised, doth sustain the same. Leave is given the plaintiff to amend. Amended petition filed.
**Jacob Eimer et al839 M Nolin et al garnishees of Beste and Grima**
It appearing to the Court from the answers of the garnishees, Prerre A Berthold, Juluis H Smith, Alfred C Bernoudy, M Nolan and Daniel McEntire, that they are not indebted to the original defendants in any sum whatever, it is therefore on motion of the attorney for said garnishee, ordered that they be discharged hence at the costs of the plaintiffs and that execution issue therefor. Ten dollars allowed each garnishee for answering herein.
**William Sausser vs B F Cooper**
The Court having duly heard and considered the motion herein to dismissed and dissolve the attachment herein and being thereof fully advised, doth overrule the same.
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**Viewer Page 152** (rcdbook1858_28_0151.jpg)
> Handwritten Page Number on Record Book: 148
**John H Thaler vs 280 Withelm Sinisheuer**
The Court having duly heard and considered the motion filed herein for additional security on the attachment bond and being thereof fully advised, doth sustain the same. Ten days is given the plaintiff to file additional security.
**Robert Dowthett vs 503 Alonzo Cuther et al**
The Court having duly heard and considered the demurrer filed herein to the petition and being thereof fully advised, doth overrule the same. Ten days given to answer.
**Freeman Little vs 750 James R Ricords et al**
The Court having duly heard and considered the motion herein for judgment notwithstanding the answer, and being thereof fully advised, doth overrule the same. By leave of Court the defendants amend their answer, by striking out the word, "recoupment" wherever the same occurs, and inserting the word, "counterclaim", in lieu thereof.
**Henritta Knollhoff vs 441 John Frederick Knollhoff**
The Court having duly heard and considered the demurrer to the petition herein, and being thereof fully advised, doth sustain the same. Ten days is given the plaintiff to amend.
**The Mutual Savings Instutition vs 605 Jacob Fritschle et al**
The Court having duly heard and considered the demurrer to the petition herein and also the motion to strike out said demurrer, and being thereof fully advised, doth order that said motions, and each of them, be and they are hereby overruled. Three days is given the defendants to answer herein.
**Robert M Hening et al vs 447 William H Rice**
Dismissal.
On motion of the attorney for the plaintiffs, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiffs and that execution issue for the same.
**Samuel Hamilton vs 951 John Christopher and Joseph Christopher**
Now at this day comes the defendant, John Christopher, by his attorney, and the Court having duly heard and considered the application and motion of the defendant for a rule upon the plaintiff to answer upon oath the interrogatories filed herein, doth sustain the same, and doth order that said plaintiff do, on or before the first day of the next term of this Court, answer the said interrogatories upon oath, and that a Commission to take the oath and signature of said plaintiff to the answers he may make, issue herein to the State of New York.
**David C Peacock vs 305 Corneluis D Sullivan et al**
The Court having duly heard and considered the motion, to strike out parts of the answer herein and being fully advised thereof, doth sustain the same. Ten days is given the defendants to amend.
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**Viewer Page 153** (rcdbook1858_28_0152.jpg)
> Handwritten Page Number on Record Book: 149
**Joseph H Oglesby vs 627 Samuel Myersonal**
The plaintiff, by leave of Court, withdraws the motion filed herein to strike out parts of the defendants answer.
**The State of Missouri to use of M T W Black vs 824 Frederick Dattelwing et al**
On moton of plaintiffs attorney, it is ordered by the Court that this suit be dismissed at the costs of said plaintiff and that execution issue therefor.
Court met pursuant to adjournment. Present as before.
John B Evans having been regularly licensed to practice law in the several Courts of this State, it is, on motion of Joseph Jecho, ordered that he be admitted and enrolled as a member of this Bar.
Michael S Cerre Esquire, Sheriff of St Louis County comes in open Court and acknowledges the execution of a deed by him, as such Sheriff, to Lucister Badcock of all the right, title, interest, claim, estate and property of Edward S Wheaton of in and to the following described promises, to wit: a certain lot of ground in the City of St Louis containing thirty feet front on the South side of Washington Avenue by about one hundred and fifty six feet deep to St Charles, street, beginning at a point in the South line of Washington Avenue 31 8-12 feet West of North corner of lot sold by John and William Firiney, to Joseph Rowe by deed of October 11 1856, thence running, West thirty feet, thence South at right angles with Washington avenue 156 feet to St Charles street, thence East thirty feet, and thence North to the beginning; bounded, North by Washington Avenue, South by St Charles street, East and West by property of John and William Finney, together with a new two story dwelling house and improvements erected thereon, being the same promises occupied at present by said Edward S Wheaton: sold by virtue of six executions, two of which issued from the office of the St Louis Court of Common Pleas, returnable to the October Term, 1858, one in favor of James A Monks and John B Ghio against Edward S Wheaton and the other infavor of Joseph Charles, Taylor Blow and William T Blow against Edward S Wheaton, and the other four issued from the Office of the St Louis Circuit Court, returnable to the October Term, 1858, three in favor of Henry Blakesly against Edward S Wheaton and the other in favor of Leicester Babcock against Edward S Wheaton and Joseph L Papin.
Michael S Cerre, Esquire, Sheriff of St Louis County, comes in open Court and acknowledges the execution of a deed by him, as such Sheriff, to Ewald Massaw of all the right, title, interest, claim, estate, and property of Edward Boneau in and to the following described premises,
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**Viewer Page 154** (rcdbook1858_28_0153.jpg)
> Handwritten Page Number on Record Book: 150
to wit: Lots four, five and nineteen (45 and 19) as represented in plot of Belmont Place, on file in the Recorders Office of St Louis County, containing each four (4) arpents; Sold by virtue of seventeen issued from the Office of the St Louis Circuit Court, returnable to the October Term, 1858, in favor of Ewald Massaw against said Edward Boneaw.
George M Moore, who is personally known to the Court, comes in open Court, and acknowledge the execution of a deed of emancipation by him to his negro slave, Louisa Overton, of dark mulatto color, eleven years of age on the twelfth of June eighteen hundred and fifty eight.
Patrick T McSherry, who is personally known to the Court, comes in open Court and acknowledges the execution of a deed of emancipation to his negro Slave Charlotte Overton, of dark mulatto color, aged about seventeen years and three months.
James A Baumgartner, who is known to the Court, comes in open Court and acknowledges the execution of a deed of emancipation to his negro Slave Sarah Overton, of dark mulatto color, aged about fourteen years.
**George Pomeroy et al vs 163. Theodore Betts et al**
Motion filed by defendants John O Mellen and A A K Sawyer and also by defendants John D Mellen and Theodore Betts to set aside judgment.
**Evelyn A Burt vs 644 Francis Hudson et al**
Alias Summons ordered.
**Evelyn A Burt vs 645 Francis Hudson et al**
Alias Summons ordered.
**Vital Jarrot vs 794 Daniel D Page et al**
Alias Summons ordered for defendant, Henry D Bacon.
**Charles F Waters et al vs David Hirsch garnishee**
Denial of answer filed.
**Henry Heper vs 450 George Jackson**
Replication filed.
**George Dominisk vs 362 Frederick W Hackman et al**
Demurrer to amended petition filed.
**John K Fisher vs 595 R J Tunstall et al**
On motion, leave is given plaintiff to amend the petition herein by changing plaintiffs given name from "John" to "James"; which amendment is accordingly made; leave is also given to plaintiff to withdraw note and protest and same withdrawn. Dedimus awarded plaintiff to take depositions in the State of Illinois to be used on the trial of this cause.
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**Viewer Page 155** (rcdbook1858_28_0154.jpg)
> Handwritten Page Number on Record Book: 151
**Frederick Heaman vs Martin Hamerle**
Continued by consent at defendants consts
**Natala Kahn vs 356 Louis Davis**
Continued by consent
**In the matter of the Steam Boat Orion**
Dismissal.
On motion of Thomas Wall, Constable, it is ordered by the Court that these proceedings be dismissed.
**John L Lewis et al vs 416. Charles L Gilpin**
Dismissal.
By consent of parties it is ordered by the Court that this suit be dismissed at the costs of the defendants and that execution issue therefor.
**Washington F Adams vs 437 Frank V Valle and John T Chappell**
Dismissal.
On motion of the attorney for the plaintiff, it is ordered by the Court that this suit be dismissed at the costs of said plaintiff and that execution issue therefor.
**David Daniel vs 484 Thomas F Smith**
Dismissal.
On motion of the attorney for the plaintiff, it is ordered by the Court that this suit be dismissed at the costs of said plaintiff and that execution issue therefor.
**James Harrison vs Samuel Lutee et al**
Dismissal.
On motion of the attorney for the plaintiffs attorney, it is ordered by the Court that this suit be dismissed at the costs of said plaintiff and that execution issue therefor.
**George B Murray vs 697 Joseph M Ames et al**
The Court having duly heard and considered the motion filed herein to strike out the defendants answer and for judgment and being thereof fully advised doth overrule the same.
**Chittick Mortland vs 675 William C Smith**
The Court having duly heard and considered the demurrer to the petition filed herein and being thereof fully advised doth overrule the same. Ten days is given the defendant to answer.
**The St Louis Car Wheel Company vs 402 John Lowry**
Now at this day come the parties by their respective attorneys and also come a Jury to wit: Charles Harris, William Schroeder, William Hunt, William Freiding Philip Meissinger, Elkanah English, H G Williams, Charles Tillman, Jacob Lambert, Thomas B Strode, Jacob Blinn, and R H Westcot, twelve good and lawful men who being duly elected, tried and sworn the issues herein joined well and truly to try, the trail progressed and being concluded the Jury return to consider of their verdict.
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**Viewer Page 156** (rcdbook1858_28_0155.jpg)
> Handwritten Page Number on Record Book: 152
**William C Davis vs 537 Margaret Davis**
Proof of Publication. Default.
Now at this day comes the plaintiff, by his attorney and files proof satisfactory to the Court that the order of publication heretofore made herein has been duly published according to law; but the defendant, although duly warned and solemnly called comes not but makes default, whereof, on motion of said attorney for the plaintiff, it is ordered by the Court that the petition be taken against her as confessed. Depsitions for plaintiff opened and filed.
**William Matthews and Joseph R Matthews vs 795 William Hassinger**
On note.
Now at this day come the plaintiffs, by his attorney but the defendant, although duly summoned and called, comes not but makes default, whereof, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of two hundred and sixty five dollars and forty three 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 herein expended and have execution therefor.
**Henry Pike vs David Hirsch garnishee**
Denial of Garnishees answer filed.
**Francis Rogers et al vs 169 Charles B Lamb**
Motion for new trial filed.
**John H Fisher to Henry N Hart**
Assignment filed.
**William T Hazzard vs 253 Lyman Scott et al**
Continued as on affidavit at plaintiffs costs for absence of B W Henley a witness.
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**Viewer Page 157** (rcdbook1858_28_0156.jpg)
> Handwritten Page Number on Record Book: 153
Court met pursuant to adjournment. Present as before.
**John R Gill vs 455 George King**
Continued on affidavit at defendants costs.
**Thomas J Wood et al vs 502 Martin Burke et al**
Continued as on affidavit at plaintiffs costs.
**James Buchnan et al vs 187 John Meyer**
Answer filed by leave of Court.
**David Anderson et al vs 5 David Hirsch garns**
Reply filed.
**David Anderson et al vs David Hirsch garns**
Reply filed.
**St Louis and Iron Mountain Rail Road Company vs J Richard Banet**
Assignment of judgment to Philip W Snyer filed.
**Ira N Stout vs 353 Edward S Holliday et al**
Alias Summons ordered.
**Henry Brusmeyer vs 513. John Nicholay**
Reply filed.
**Joseph W Gooding vs 363 John Bean**
Replication filed.
**Mutual Savings Institution vs 605 Jacob Fritshle et al**
Answer filed.
**Peter J Hurck et al vs William Provost et al**
Answer to Cross Bill filed.
**Emelia Jungst by her next friend William Hasslinger vs 403. Albert Jungst**
Decree of Divorce
Now at this day comes the plaintiff, by her attorney, and files proof satisfactory to the Court that the order of publication heretofore made herein has been duly published according to law, but the defendant although duly notified and called comes not but makes default, wherefore on motion of plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court, after hearing the proof herein being satisfied of the good conduct of the plaintiff and that she is an innocent and injured party, doth order, adjudge and decree that she 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. It is further ordered that said plaintiff pay the costs herein and that execution issue therefor.
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**Viewer Page 158** (rcdbook1858_28_0157.jpg)
> Handwritten Page Number on Record Book: 154
**Prerre Choutean Jr, James Harrison and Felix Valle vs 904 James Rutherford**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, whereof, on motion of said attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of One hundred and eighteen dollars and fifty 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 herein expended and have execution therefor.
**William Brewer vs 229 John H Heidemann**
On note.
Now at this day comes the plaintiff, by her attorney, but the defendant, although duly summoned and called, comes not but makes default, whereof, on motion of the said attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of three hundred and sixty four dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**Ezekiel W Parsons vs 236. William Bevard**
On account.
Now at this day comes the plaintiff, by her attorney, but the defendant, although duly summoned and called comes not but makes default, whereof, on motion of the attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the plaintiff, waiving a Jury, submits this cause to the Court upon the petition, exhibits and proofs, and the Court having duly heard and considered the same, doth assess the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of One hundred and thirty six dollars. It is therefore considered by the Court that the plaintiff recover of the said defendant the sum aforesaid in form aforesaid as assessed and his costs herein expended and have execution therefor.
**The Bank of the State of Missouri vs 426 Louis A Welton, John Pipe, and Robinson G Rnenyan**
On note.
Now at this day comes the plaintiff, by its attor ney but the defendant Louis A Welton, although duly summoned and called, comes not but makes default, whereof, on motion of the attorney for said plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and thereupon come the defendant, Pipe and Runyan, and waiving a Jury, submit this come the Court upon the pleadings and the Court having duly heard and considered the same, doth find for the plaintiff and assess his damages sustained by reason of the premises in the petition mentioned at the sum of four hundred and sixty four dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid as assessed, and also its costs herein expended and have execution therefor.
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**Viewer Page 159** (rcdbook1858_28_0158.jpg)
> Handwritten Page Number on Record Book: 155
**Charles Wiggins vs 360 Charles L Hunt, Walter H Dorsett William P Finn, William C Woodson, R H Stevens, Philip S Lanham, Robert A Walton and John McDowell**
On note.
Now at this day comes the plaintiff by his attorney, and dismisses this suit as to the defendant, Robert A Walton, and therefore come the other defendants, by their attorney, and withdraw their answer, and consent and agree that judgment may be rendered herein in favor of the plaintiffs for the sum of thirty seven hundred and ninety one dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of the said defendants the sum aforesaid in form aforesaid as agreed upon and also his costs herein expended and have execution therefor.
**Susan Walker vs 392 Cement T Mallory**
Trial
Now at this day come the parties by their respective attorneys and also a Jury to wit: Ferdin and Schuland, F Sesmanns, J W Harris, J B Coursman, H H Sleeth, Haudson Vodin, James Wilkinsons, Philips Crow, Henry Dennis, Hartman Herable, Robert S Forsythe, and Henry Prirce, twelve good and lawful men, who being duly elected tried and sworn the issues herein joined well and truly to try the trial commenced and being conclude the Jury retire to consider of their verdict.
**Henry Murphy vs 393. Jacob Fritschle et al**
Amended answer of Joseph G Shands filed by leave.
**The State of Missouri to the use of David Crone vs 751 Joseph W Greene et al**
Dismissal.
The plaintiff having failed to file security for costs in accordance with the order of Court heretofore made herein, it is on motion of the attorney for the defendants, ordered that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Armelder F Pack vs 15 Francis Hudson**
Appointment of Receiver.
On motion of the plaintiff by his attorney, it is ordered by the Court that Jacob Drew be and he is hereby ap pointed Receiver in this cause to adjust the matters involved, subject to the further direction and orders of this Court: and the defendant is hereby required to surrender on oath all the copartnership property books notes, accounts, dues, moneys, credits and papers of every description, now in his possession, belonging to the firm of Hudson and Pack, to the receiver hereby appointed, and to rendered, whenever called upon, a first account of all business transactions of such above mentioned firm, as far as the same may have come within his knowledge. It is further ordered that said Receiverm before entering on his duties, fil a bond with sufficient securities, in the sum of Six thousand dollars, conditioned for The faithful performance of his duties.
The Receiver files a bond conditioned according to law, which is approved by the Court.
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**Viewer Page 160** (rcdbook1858_28_0159.jpg)
> Handwritten Page Number on Record Book: 156
**Mary Elizabeth Louis vs 603. James C P Lewis**
Order of Publication.
It appearing to the Court from the return of the Sheriff herein that said defendant cannot be served with process, it is on motion of plaintiffs attorney, ordered that said defendant be notified of the commencement of this suit, the object of which is to obtain a divorce from him on the grounds of desertion and habitual drunkenness, 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 within and for the County 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 Missouri Republication, a newspaper printed and published in the City of St Louis. Amended petition filed by leave of Court, and cause continued.
Court met pursuant to adjournment. Present as before.
**In the matter of the assignment of John H Fisher**
Henry N Hart, assignee, files an Inventory herein, and, on his motion the Court appoints Thomas Ryan, Kinneth McKenzie, Henry B Belt, and Charles Snell appraisers to appraise the property and effects assigned herein.
**Chittick Mortland vs 675 William C Smith**
Answer filed.
**Charles M Elleard vs 819 Moses F White**
Alias Summons ordered.
**James C McPheeters vs 617 William Wible**
Continued
**John T Horst vs 841 T W Graewe et al**
Continued.
**The St Louis Car Wheel Company vs 402 John Lowry**
Now at this day come again the parties by their respecttive, attorney and the Jury empannelled and sworn herein also came, and the Jury aforesaid upon their oaths aforesaid, find as to the cause of action set out in the petition, in favor of the defendant, and as to the counterclaim set out in the answer, find against the plaintiff and in favor of the defendant and assess the damages at the sum of eight hundred and forty two dollars. It is therefore considered by the Court that the said defendant recover of the said plaintiff the sum aforesaid in form aforesaid as assessed and also his costs and charges herein expended and have execution therefor.
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**Viewer Page 161** (rcdbook1858_28_0160.jpg)
> Handwritten Page Number on Record Book: 157
**Michael Owens vs 467 William C Smith**
Now at this day come the parties, by their respective attorneys, and therefore come also a Jury, to wit; Charles Harris, W Schroeder, William Hart, William Freiding, Phil Mussinger, E English H G Williams, James Shea, Alex Tyler, Charles Duval, Daniel Heller, and Jacob Lambert, twelve good and lawful men, who being duly elected tried and sworn the issues herein joined well and truly to try the trial commenced and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiff and assess his damages at the sum of One cent. It is therefore considered by the Court that the said plaintiff retain possession of the personal property delivered to him at the commencement of this suit and also recover of the said defendant the sum aforesaid in form aforesaid as assessed and his costs herein expended and have execution therefor.
**Henry N Hart 100 John Matthews**
On account.
Now at this day comes the plaintiff, by his attorney, and waiving a Jury, submits this cause to the Court, and the Court, having duly heard and considered the same, doth assess the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of five hundred and eighty one dollars and nine cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**George G Presbury and John D Taylor vs Joseph L Papin, Cornelius D Sullivan, Jeremiah Sullivan and James Waugh**
On note.
Now at this day comes the parties, by their respective attorney, and waiving a Jury, submits this cause to the Court upon the pleading and proofs, and the Court, having duly heard and considered the same, doth find for the plaintiffs and assess their damages sustained by reason of the premises in the petition mentioned at the sum of three hundred and twenty nine dollars and eighty cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefor. Motion for new trial and motion in arrest of judgment filed.
**Charles Tillman, Ferdinand Rozier, William Fullager and Amadi Berthold vs 24 John Nevison**
On Note and account.
Now at this day come the plaintiffs by their respective attorney, but the defendant, although, duly warned and called, comes not but makes default, wherefore, on motion of the attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against him 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 assess the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of four hundred and eighty seven dollars and fifty four cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefor against the property attached herein at the commencement of this suit.
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**Viewer Page 162** (rcdbook1858_28_0161.jpg)
> Handwritten Page Number on Record Book: 158
**Mary E Triplett vs 785 William C Hull**
Continued.
**Edward Dobyns 789 William C Hull**
Continued.
**Louisa Baumgarden vs Frederick E Baumgarden**
Alias Summons ordered.
**George D English et al vs Moses F White**
Alias Summons ordered.
**William D Sedgwick vs 392 Ferdinand Vandemale**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, whereof, on motion of the attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of thirty seven hundred and fourteen dollars and forty five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid as found and also his costs herein expended and have execution therefor. Judgment to bear interest at the rate of ten per cent per annum.
**Samuel Hamilton vs 957 John Christopher and Joseph Christopher**
Order of Publication.
The Sheriff having made return that the defendant, Joseph Christopher, cannot be found, and the Court being satisfied that said defendant cannot be served with process, it is, on motion of plaintiffs attorney, ordered that the said Joseph Christopher be notified of the commencement of this suit the object of which is to recover of the defendants the sum of two hundred and five dollars and sixty two cents on account of a certain promissory note executed by the defendant John Christopher, dated Rochester February 19th, 1848, payable on the first day of July next thereafter to the order of the said Joseph Christopher, at the Bank of Monroe in the City of Rochester, New York, and by said Joseph Christopher endorsed and delivered to the plaintiff; and that unless he be and appear at the next term of this Court to be begun and holden at the City of St Louis, within and for the County of St Louis on the fourth Monday of February next, and on or before the third day thereof answer the petition herein the same will be taken against him as confessed It is further ordered that a copy hereof be published, according to law in the Missouri Democrat, a newspaper, printed and published in the City of St Louis. Cause Continued.
**Anna Catharina Weber vs 92 Christian Weber**
Order of Publication.
The Sheriff having made return that the defendant cannot be found, it is therefore, on motion of the plaintiffs attorney, ordered that said defendant be notified of the commencement of this action the object of which is to obtain a decree of divorce from him on the ground of desertion and adultery and that unless he be and appear at the next term of this Court to be begun and hold at the City of St Louis, within and for the County of St Louis on the fourth Monday of February next and on or before the sixth day thereof answer the plaintiffs petition the same will be taken against him as confessed. It is further ordered that a copy hereof be published, according to law, in the Missouri Democrat a newspaper printed and published in the City of St Louis. Cause Continued.
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**Viewer Page 163** (rcdbook1858_28_0162.jpg)
> Handwritten Page Number on Record Book: 159
**Susan Walker vs 392 Cement T Mallory**
Now at this day come again the parties, by their respective attorney, and also the Jury empannelled and sworn herein and the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess the damages at the sum of one hundred and thirty five dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as assessed and also her costs herein expended and have execution therefor.
**George W Brooks vs 487 Allen Brown**
On Plea in Abatement.
Now at this day come the parties by their respective attorney, and therefore come also a Jury, to wit; Charles Harris, Wm Schreoder, William Hunt, William Freiding, P Meissinger, E English, H G Williams, Alexander Tyler, Charles Duval, Daniel Heller, Jacob Lambert, and Jacob Blin, twelve good and lawful men, who being duly elected tried and sworn the issue joined upon the plea in abatement well and truly to try, the trial progressed but not being finished at the hour of adjournment further proceedings are laid over until to morrow morning.
**William C Davis vs 537 Margaret Davis**
Decree of Divorce.
Now at this day comes the plaintiff by his attorney and on his motion, and the defendant having made default, the Court proceeds to hear the proof herein, and having duly heard and considered the same, and being satisfied therefrom of the good conduct of the plaintiff and that the plaintiff is an innocent and injured party, it doth order, adjudge and decree that he be absolutely and forever divorced from the bonds of matrimony by him contracted with the defendant and be restored to all the rights and privileges of an unmarried person. It is further ordered that the plaintiff pay the costs herein and that execution issue therefor.
**Squire Hall Jr 269 William H Deriar**
Now suit.
Now at this day come the parties, by their respective attorney, and thereupon come also a Jury, to wit; Charles Harris, William Schreoder, William Hunt, William Freiding, Meissinger, E English, H G Williams, James Shea, Alexander Tyler, Charles Duval, Daniel Heller and Jacob Lambert, twelve good and lawful men, who being duly elected tried and sworn the issue herein joined well and truly to try the trail progressed but before the conclusion thereof the plaintiff says he will not further prosecute his suit in this behalf; Wherefore it is ordered that the Jury aforesaid be discharged and that said plaintiff take nothing by his suit in this behalf but the said defendant go hence without day and recover of the plaintiff his costs herein expended and have execution therefor. Motion to set aside non suit filed.
**Charles Fink vs 149 Albert Billings and George W Billings**
The Court having duly heard and considered the motion to strike out parts of the petition and being thereof fully advised doth order that the same be overruled. The defendants file a bill of exceptions. The defendants file a motion to compel plaintiff to elect cause of action and submit the same to the Court and the Court, having duly heard and considered the same and being thereof fully advised doth order that said motion be sustained. Bill of Exceptions filed by plaintiff. Ten days given to answer.
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**Viewer Page 164** (rcdbook1858_28_0163.jpg)
> Handwritten Page Number on Record Book: 160
**Atreas J McCreery, William H Brown, and Richard H Brown vs B B Smith**
Dismissal.
On motion of the plaintiff, by their attorney, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiffs and that execution issue therefor.
**Lawrence Wessells vs 102 William C Smith**
Dismissal.
On motion of the attorney for the plaintiff, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiffs and that execution issue therefor.
**Wood and Lynch vs 502 Burke and Walsh**
Motion for security for costs filed.
**Charles Wittig vs John Ruedi**
Motion filed to dissolve and discharge the order staying execution filed.
**John Devin, Nicholas Butterly and George Foroyth vs Louis Davis**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this suit be dismissed and the garnishees summoned herein be discharged at the costs of the said plaintiffs and that execution issue for the same.
**John Hoffman administration of Berson Calvert deceased vs William F F Denny and Samuel Denny**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiff and that execution issue therefor.
**Joseph Farrell vs 918 Charles L Gilpin, George J Barnett and Ezra O English**
Dismissal.
Now at this day come the parties by their respective attorney, and consent and agree that this suit may be dismissed at the costs of the defendants. It is therefore ordered by the Court that this suit be dismissed at this costs of the said defendants and that execution issue therefor.
**Patrick Malloy vs 810 William M McPherson**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiff and that execution issue therefor.
**Ellen Mangum vs 90 Michael Mangum**
Proof of Publication Default.
The plaintiff, by her attorney, comes and files proof satisfactory to the Court that the order of publication make herein has been duly published according to law; but the defendant although duly warned and called, comes not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
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**Viewer Page 165** (rcdbook1858_28_0164.jpg)
> Handwritten Page Number on Record Book: 161
**Lessack H Simpson and Solomon L Simpson 706 Theodore Bredow**
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 plaintiffs and that execution issue therefor.
**George D Hall vs 919 Ezra O English, John Burnes, Jacob Johann, Thomas B Ellis, Henry B Ellis & James B Ellis**
Dismissal.
Now at this day come the parties by their respective attorney, and consent and agree that this suit may be dismissed at the costs of the defendants. Wherefore, it is ordered by the Court that this suit be dismissed at this costs of the said defendants and that execution issue therefor.
**John R Gillett vs 69 Ezra O English et al**
Demurrer to Petition filed
Frank Carter, (a free man of color) whose identity is proven by the testimony of John F Darby and N D Strong, two credible witnesses examined on oath, comes and in open Court acknowledges the execution of a deed of emancipation to his slave David Carter.
Court met pursuant to adjournment. Present as before.
Michael S Cerre, Sheriff of St Louis County, comes in open Court and acknowledges the execution of a deed by him as such Sheriff to Thomas Rogers of all the right, title, interest, claim estate and property of Paul Carlin, Herny Gronheim and John Helgenberg, or either of them, in and to the following described real estate situate lying and being in the County of St Louis, State of Missouri, to wit: a certain lot of land situated in block number forty one, in the City of St Louis and containing a front on Second Street of forty two and a half (42 1/2) feet, and a depth Eastwardly of one hundred and fifty feet(150) French measure, bounded on the North by lot now or formerly of Geneviere Gates; South by lot now or formerly of one Kleim; West by Second Street, and East by lot now or formerly of one Guerette Dument. Also, lying and being in Julia C Soulard's Third addition to the City of St Louis being part of lot No 6 in block 117 of said addition; the whole of said lot No 6 containing a front of 30 feet in the East side of Washington or Rosatti street, running Eastwardly with the same width 100 feet to an alley 20 feet wide; the past hereby intended to be conveyed embraces all of said No 6 except 15 feet front on said Washington or Rosatti street, next adjoining the line of said lot No 6, and running with the same width 48 feet, which parcel, together with the privilege to the use of the
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**Viewer Page 166** (rcdbook1858_28_0165.jpg)
> Handwritten Page Number on Record Book: 162
well on said lot No 6. Also, a certain price or parcel of land being lot number six(6) in block number six(6) of Mary F Glasgow's subdivision of a portion of Thomas Wrights addition to St Louis, reference being had to a plot of said subdivision, on record in the County Recorders Office of St Louis County, for a more particular description thereof; containing twenty five feet front on Benton street by one hundred and twelve feet six inches in depth; bounded South by said Benton street, West by lot number seven(7) of said block, north by an alley, East by lot number five(5) of said block. Also, the North half of the East half of the North west quarter section numbered eleven, in township forty three North, range six East, being in St Louis County State of Missouri, and containing forty acres. Also a certain lot of land situate in block No forty one of the City of St Louis, and containing a front on Second street of forty two and a half (42 1/2) feet and a depth Eastwardly of One hundred and fifty feet (150) French measure, bonded on the North by lot now or formerly of Genevisve Gates; South by lot now or formerly afone Kleim; West by Second street and East by lot now or formerly of one Guerette Duneont, taken as the property of Christian Schaffler. Also a certain piece or parcel of ground in City Block 711 and described as follows; Beginning at a point in the Northern edge of Emmett street sixty five feet Westwardly from the Southeast corner of the aforesaid block; thence paralled with Jackson street Northwardly sixty feet; thence Westwardly and parallel with said Emmett street fifteen feet; thence Southwardly and parallel with Jackson street sixty feet to the Northern edge of said Emmet street; thence Eastwardly with the said Northern edge of Emmett street fifteen feet to the place of beginning. Also, lot of ground lying and being in the City of St Louis, State of Missouri to wit; fronting on Clark Avenue as the same has been extended under the authority of the County Court, beginning at a point in said Avenue one hundred and fifty feet West of the West line of Weaver street in block number two; thence West wardly with the North line of Clark Avenue fifty feet, thence Southward at right angles with said Avenue one hundred and forty two feet six inches to any alley; thence Eastwardly with the North side of said alley fifty feet; thence Northwardly one hundred and forty two feet six inches to the place of beginning, and recorded in the Recorder's Office of St Louis County in book 160 page 522. Also all the right title interest and estate of the said John Helgenberg in and to the following described lot or parcel of ground in the City of St Louis and County of St Louis, to wit: a lot of ground in said City and County described as follows: Lot numbered one, in block number eighty two(82) as mentioned on a plot filed in the Probate Court of St Louis County with the report of Philip Tippett, administrator, de bonis non, of the estate of Alexander McAlister, deceased, and situated on the South East corner of said block and on the corner of Third and Myrtte streets, being twenty two feet three and a half inches in front on Third street, by a depth of one hundred feet to an alley five feet in width, and bounded as follows, to wit: on the West by Third street, on the North by lot numbered two in said block as returned on said plot on file in said Probate Court, and on the East by said alley five feet wide, and being the same property which was acquired of said Helgenberg from the said Philip Tippett, administrator as aforesaid by deed dated the 15th day of December, 1852, as recorded in Book T No 6, page 219. Also a certain lot of ground situated in the addition to the City of St Louis, in the State of Missouri, made by Thomas Biddle, W C C Carr and others, containing about thirty one and a half feet front by one hundred and twenty seven and a half feet in the rear; bounded on the South by the line of Edward Coles, on the West by Seventh Street, on the North by a part of lot number seventeen, and on the East being the rear of an alley fifteen feet wide, being in block
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**Viewer Page 167** (rcdbook1858_28_0166.jpg)
> Handwritten Page Number on Record Book: 163
number one hundred and forty, on the plot of said addition. Also Lots numbered thirty six (36) thirty eight (38) and thirty nine (39) in block number two (2) of said subdivision; said lots containing an aggregate front on Lux street of one hundred (100) feet by a depth each of one hundred and twenty feet to an alley. Also a lot of ground described as follows, to wit; Ten certain lots, pieces of parcels of ground, situate lying and being in the City of St Louis, State of Missouri, in Kingsbury's Addition to the City of St Louis, a plot of which said addition is on record in the Office of the Recorder for the County of St Louis; said lots are designated on said plat as lots numbered one and two, in block one (1) of said addition fronting together fifty feet on the Eastern side of Jule street, and running back one hundred and twenty six feet and three inches to an alley fifteen feet wide; also, loto twenty six, twenty seven, twenty eight, twenty nine, thirty, thirty one, thirty two, thirty three in block No one (1) of said addition and fronting together two hundred feet on the Western side of McNair Avenue, and running back one hundred and twenty six feet and three inches to an alley fifteen feet wide. Sold by virtue of thirteen executions, ten of which issued from the Office of the Clerk of the St Louis Circuit Court returnable to the October Term, 1858, of said Court, four of which are in favor of Joseph Farrell, one in favor of Charles Balmer, one in favor of David B Hill, all against Paul Garlin, John Melgenberg and Henny Gronheim, one other of said executions in favor of Joseph Farrell and against Paul Carlin, John Helgenberg, Theodore Wold and Sabastian Erigert; one in favor of David Rokohl and Jameo Kinkead against: Paul Garlin, John Nelgenberg, Henny Gronhaim and Samuel Myerson; the other in favor of Stephen Haskell and James M Franciscus against Paul Carlin, Charles Fritz and John Helgenberg. The other three of said executions issued from the Office of the St Louis Court of Common Pleas, returnable to the October Term, 1858, of said Court one in favor of Learder Laurence against Paul Garlin, Charles Fritz, John Nelgenberg and Samuel Myenson: one in favor of Waldemar Fischer against Paul Carlin, Henry Gronheim and Charles Fritz, and the other in favor of Henry Gildhaus against Paul Carlin, John Helgenberg and Henry Gronheim.
**Priscilla Baltimore vs 6 Jackson Bodkins**
Motion to strike out parts of answer filed.
**Thomas D Ford vs 533 George N Beard et al**
Depositions for defendants opened and filed.
**Benard S Pratte et al vs Choutean and Edwards**
Depositions for plaintiffs opened and filed.
**James Buchanan et al vs 187 John Meyer**
Replication to Counterclaim filed.
**Armelder F Pack vs 15 Francis Hudson**
Answer and Exhibit filed.
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**Viewer Page 168** (rcdbook1858_28_0167.jpg)
> Handwritten Page Number on Record Book: 164
**James Delaneyvs 161 Langford & Stephenson**
Replication filed.
**Susan Walker vs 292 Clement P Mallony**
Motion for new trial filed.
**Jacob Bersche et al vs 758 Home Mutual Fire and Marine Ins Co of St Louis**
Answer and six Exhibits filed
**Wm Patrick et al vs 760 Western Mutual Fire & Marine Ins Co of St Louis**
Answer and Exhibit filed.
**Victor A Sartori vs 79 Samuel T Jacoby and George W Jacoby**
Order of Publication. Attachment.
The Sheriff having made return that the defendants cannot be found, and the Court being satisfied that process cannot be served upon them, therefore, on motion of plaintiffs attorney, it is ordered by the Court that they be notified that a civil action has been commenced against them founded on a note for the sum of five hundred and forty six dollars and forty cents, 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, within and for the County of St Louis on the fourth Monday of February next, and on or before the third day thereof answer the petition herein judgment will be rendered against them and their property sold to satisfy the same. It is further ordered that a copy hereof be pub lished, according to law, in the Missouri Republican, a newspaper printed and published in the City of St Louis.
**Julius Garson vs 326 Joseph J Salberg**
Dismissal
On motion of the plaintiff, by his attorney, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiff and that execution issue therefor.
**Charles D Ellis and John S Cavender vs 620 Henry Almstedt**
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.
**Roger C M Allister vs 262 Lafayette Nuckolls and Columbus Nuckolls**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Columbus Nuckolls, but the defendant, Lafayette Nuckolls, although duly summoned and called, comes not but makes default, wherefore, on motion of the attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the said defendant is indebted to the plaintiff in the sum of two hundred and sixty six dollars and ninety five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant, Lafayette Nuckolls, the sum aforesaid in form aforesaid as found and also his costs herein expended have execution therefor.
Peter Wonderly et al vs Jacob Wonderly garns of Gordon et al: Answer of Garnishee filed.
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**Viewer Page 169** (rcdbook1858_28_0168.jpg)
> Handwritten Page Number on Record Book: 165
**Bernard Poepping 781 Francis Sarignac**
Leave is given the plaintiff to withdraw note sued on, or leaving copy. Note withdrawn copy filed.
**Joseph O Sawyer, John M Clarkson and William H Sawyer vs 316 Joseph B Holland and William Carson**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendants although duly summoned and called, come not but makes default, wherefore, on motion of the attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of four hundred and seventy eight 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 found and also their costs herein expended have execution therefor.
**George B Sanderson vs 744 William P Fenn and Charles L Hunt**
On note.
Now at this day come the parties by their respective attorneys and the defendants withdraw their answer and consent and agree that judgment may be rendered herein in favor of the plaintiff for the sum of twenty six hundred and fifty five dollars and ninety two cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as agreed upon and also his costs herein expended and have execution therefor.
**George B Sanderson vs 778 Philip S Lanham, William C Woodson, William P Fenn, R H Stevens, Walter H Dorsett, Robert A Walton and John McDowell**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Robert A Walton, and thereupon come the other defendants, by their attorney, and withdraw their answer and consent and agree with the plaintiff that judgment may be rendered herein in favor of said plaintiff for the sum of Eight thousand six hundred and two dollars and thirty cents. It is therefore considered be the Court that the said plaintiff recover of the said defendants the sum aforesaid as agreed upon and also his costs herein expended and have execution therefor.
**James Roy et al vs 377 Emilius F Kraft and Otto C Kraft**
Default.
Now at this day come the plaintiffs, by their attorney, but the defendants, although duly summoned called, come not but make default, wherefore, on motion of the attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed.
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**Viewer Page 170** (rcdbook1858_28_0169.jpg)
> Handwritten Page Number on Record Book: 166
**George W Brooks vs 487 Allen Brown**
Now at this day come again the parties by their respecttive attorney, and the Jury empannelled and sworn herein also come, therefore the trial progressed and being finished the Jury retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
P G Stiver Perkins having been regularly licensed to practice law in the several Courts of this State, it is therefore on motion of William C Jamison, ordered that he be admitted and enrolled a member of this Bar.
**St Louis and Iron Mountain Rail Road Company vs 416 Louis G Picot**
Continued
**St Louis and Iron Mountain Rail Road Company vs 422 John Sigerson et al**
Continued
**St Louis and Iron Mountain Rail Road Company vs 204 Frederick Schulenberg et al**
Continued
**St Louis and Iron Mountain Rail Road Company vs 758 Johannes Lorenz**
Continued
**St Louis and Iron Mountain Rail Road Company vs 759 Amos Andrews**
Continued
**St Louis and Iron Mountain Rail Road Company vs 762 Charles C Kubler et al**
Continued
**Robert Thornburg vs 1030 William Clark et al garns**
Replication to Supplemental answer filed.
**Jacob Bersche et al vs 754 St Louis Mutual Fire & Marine Ins Co**
Answer and two exhibits filed.
**Matilda McDowell vs 853 George H McDowell**
Motion to strike out answer and for judgment filed.
George Sparrow vs Terre Haute Alton & St Louis R R Co: Answer filed.
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**Viewer Page 171** (rcdbook1858_28_0170.jpg)
> Handwritten Page Number on Record Book: 167
**The St Louis and Iron Mountain Rail Road Company vs 312 John H Fox**
**St Louis and Iron Mountain Rail Road Company vs 332 William M Flaherty**
**The St Louis and Iron Mountain Rail Road Company vs 350 Richard P Barada**
**The St Louis and Iron Mountain Rail Road Company vs 353 Frederick Gelfort**
**The St Louis and Iron Mountain Rail Road Company vs 359 Anton G Sell**
**The St Louis and Iron Mountain Rail Road Company vs 363. J D Layton**
**The St Louis and Iron Mountain Rail Road Company vs 433 Adolph Abeles and J L Taussig**
**The St Louis and Iron Mountain Rail Road Company vs 434 J A Ross**
**The St Louis and Iron Mountain Rail Road Company vs 432 Thomas C Meyer and Meyer**
**The St Louis and Iron Mountain Rail Road Company vs 201 George Lobenhofer**
**The St Louis and Iron Mountain Rail Road Company vs 205 John W Koeckell**
**The St Louis and Iron Mountain Rail Road Company vs 206 T E Robinson**
**The St Louis and Iron Mountain Rail Road Company vs 761 Gottfreid Ettman**
**The St Louis and Iron Mountain Rail Road Company vs 768 Mattias Kessler**
**The St Louis and Iron Mountain Rail Road Company vs 427 Daniel R Garrison et al**
On motion of the plaintiff, by its attorney, it is ordered by the Court that the above suits be dismissed at the costs of the said plaintiff and that execution issue therefor.
**The St Louis and Iron Mountain vs 366 Francis H Manter.**
Dismissal.
By consent of parties it is ordered by the Court that this suit be dismissed at the costs of the defendant and that execution issue therefor.
The St Louis and Iron Mountain Rail Road Company vs D H Armstrong: Continued.
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**Viewer Page 172** (rcdbook1858_28_0171.jpg)
> Handwritten Page Number on Record Book: 168
**Thomas Carson vs 455 Thomas Sproat**
The Court having duly heard and considered the demurrer to the petition herein and being thereof fully advised doth order that the same be overruled.
**Jacob Busche et al vs 757 The Franklin Ins Co**
By consent of parties until fourth of November next is given defendant to answer.
**Jacob Busche et al vs 761 The Globe Mutual Ins Co**
By consent of parties until fourth of November next is given defendant to answer.
**Jacob Busche et al vs 756 The Pacific Ins Co**
By consent of parties until fourth of November next is given defendant to answer.
**Samuel Gaty et al vs 757 The Pacific Ins Co**
By consent of parties until fourth of November next is given defendant to answer.
**Dandridge S Crockett vs 784 John S McCune et al**
Statement of T P Shaffner filed.
**Clark and Bros vs 791 John W Spalding et al**
Alias Summons ordered.
**Alexander Beal vs 553 Francis Hafelman**
Alias Summons ordered.
**Antomic R McNair et al vs 272 Philip Klein et al**
Motion filed to substitute T F Smith party plaintiff in Lieu of A R McNair.
**St Louis Car Wheel Company vs John Lowry**
Motion for new trial and affidavit of Sheldon Tomlinson filed.
**L H Simpson vs Branch and Lee**
Depositions for defendant opened and filed.
**James Morris vs 36 Stephen Lee, Peter Lee, and Stephen Lee, Junior.**
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.
**Daniel Ryan vs 971 Roger C McAllister**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiff and that execution issue therefor.
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**Viewer Page 173** (rcdbook1858_28_0172.jpg)
> Handwritten Page Number on Record Book: 169
**Gustavus Koerner and Theodore Engleman vs 125 John P Harley and Elias Wilmot**
Order of Publication. Attachment.
It appearing to the satisfaction of the Court that the defendants cannot be summoned herein, it is therfore on motion of plaintiffs attorney ordered that said defendants be notified that a civil action has been commences against them for the sum of four hundred and ninety four dollars and forty nine cents on account of professional sevices as attorneys at law rendered by the plaintiffs in the years 1855 and 1856 for the defendants at their instance and request, 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 within and for the County of St Louis on the fourth Monday of February next and on or before the Sixth day thereof answer the petition of said plaintiffs judgment will be 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 St Louis Daily Herald a newspaper printed and published in the City of St Louis.
**The State of Missouri to the use of Joseph Ipold vs 512 Albert J Noble, James S Wilaus Samuel H Smith and George Peisch**
Now at this day come the defendants by their attorney, and by leave of Court file an amended answer herein thereupon comes the plaintiff by his attorney and moves to strike out said amended answer, and the Court having duly heard and considered the said motion and being thereof fully advised doth overruly the same: and thereupon come also a Jury, to wit; William Hart, Thomas B Strode, Fred Schuchard, F Lusman, J W Harris, J B Consinau, H Vodin, Jas Wilkenson, Philip Crow, Robert Forsy the Henry Price and Henry Dennis, twelve good and lawful men who being duly elected, tried and seven the issues herein well and truly to try the trial progresses but not be finished at the hour of adjournment further proceedings herein are laid over until to morrow morning.
**The Pennsylvania Insurance Company vs 688 Samuel Sanderson, George Harvey and Edwin H Wheadon**
On note.
Now at this day comes the defendants by their attorney, and withdraw their answer filed herein, and thereupon comes the plaintiff, by its attorney, and dismisses this suit as to the defendants Harvey and n; but the defendant Sanderson failing further to appear and plead herein, it is on motion of the attorney for the plaintiff, ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument of writing on which this action is founded that the said defendant is indebted to the plaintiff in the sum of four hundred and eighty dollars and twenty nine cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also its costs herein expended and have execution therefor.
**Richard Crinnion vs Daniel Q Brien et al**
Answer filed.
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**Viewer Page 174** (rcdbook1858_28_0173.jpg)
> Handwritten Page Number on Record Book: 170
**The Commercial Insurance Company vs 693. Samuel Sanderson, George Harvey and Edwin H Wheadon**
On note.
Now at this day comes the defendants, by their attorney, and withdraw their answer filed herein, and thereupon comes the plaintiff, by its attorney, and dismisses this suit as to the defendants, Harvey and Wheadon, and the defendant Sanderson failing to appear and plead further herein, it is, on motion of the attorney for the plaintiff, ordered that the petition herein be taken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the said defendant is indebted to the plaintiff in the sum of four hundred and eighty dollars and twenty nine cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant, Sanderson, the sum aforesaid in form aforesaid as found and also its costs herein expended and have execution therefor.
**The State Fire and Marine Insurance Company of Pennsylvania vs 690 Samuel Sanderson, George Harvey, and Edwin H Wheadon**
On note.
Now at this day comes the defendants, by their attorney, and withdraw their answer filed herein, and thereupon comes the plaintiff, by its attorney, and dismisses this suit as to the defendants Harvey and Wheadon, and the defendant, Sanderson, failing to appear and plead further herein, it is, on motion of the attorney for the plaintiff, ordered that the petition herein be taken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of four hundred and eighty dollars and twenty nine cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant Sanderson the sum aforesaid in form aforesaid as found and also its costs herein expended and have execution therefor.
**The Luaker City Insurance Company of Philadelphia vs 691 Edwin H Wheadon, George Harvey, and Samuel S Sanderson**
On note.
Now at this day come the defendants, by their attorneys and withdraw their answer filed herein, and thereupon comes the plaintiff, by its attorney, and dismisses this suit as to the defendants, Harvey and Wheadon, and the defendant, Sanderson, failing further to appear and plead further herein, it is therefore, on motion of the plaintiffs attorney, ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of four hundred and eighty dollars and twenty nine cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant Sanderson the sum aforesaid in form aforesaid as found and also its costs herein expended and have execution therefor.
**George W Brooks vs 487 Allen Brown**
On Plea in Abatement.
Now at this day come again the parties, by their respecttive attorneys and the Jury empannelled and sworn herein also come, and the Jury aforesaid upon their
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**Viewer Page 175** (rcdbook1858_28_0174.jpg)
> Handwritten Page Number on Record Book: 171
oaths aforesaid find for the plaintiff. It is therefore considered by the Court that the defendant had fraudulently conveyed or assigned his property so as to hinder or delay his creditors, at the commencement of this suit. It is ordered by the Court that the defendant plead further herein.
**Joseph Conway administrator of Lucinda Hempstead, and Joseph C Hempstead, by his guardian, Joseph Conway vs John K Hempstead Stephen Hempstead and John K Hempstead, administrator of John Hempstead**
In Partition
Now at this day come the parties by their respective attorneys and thereupon come also a Jury, to wit, William Hart, Thomas B Strodes, R H Westcot Ferdimand Schuchand, F Lesman, J W Harris, J B Consinaw, H H Sluth, H Vodin, Joseph Wilkinson, Philip Crow, and Henry Dennis, twelve good and lawful men, who being duly elected tried and sworn well and truly to try the following issue submitted to them by consent of parties, to wit: "Was John K Hempstead the owner of the slaves George and Jane at the commencement of this suit," the trial progressed and being finished the Jurors aforesaid, upon their oaths aforesaid, find the following verdict, to wit;" Upon the issue submitted to us we the Jury find that John K Hempstead was not the owner of the slaves Jane and George, P Crow foreman". And thereupon the Court, from the pleadings and proofs, doth find that John K Hempstead, Stephen Hempstead, Joseph C Hempstead, and Joseph Conway as administrator of Lucinda Hempstead are each entitled to one undivided fourth parts of the property described in the petition as follows, to wit: Priscilla, aged about forty three years, Charles, aged about twenty seven years, George, aged about seventeen years, Jane, aged about thirteen years, Mary, aged about eleven years, Sarah, aged about nine years, Louisa, aged about eight years, David, aged about six years, Henry aged about four years, Lewis, aged about ten months. It is therefore considered by the Court that partition of said property be made amongst the said parties according to their respective rights as ascertained and determined by the Court: and the Court appoints William D Sappington, Olley Williams and Edward Lanham Commissioners to make such partition according to this judgment, and they are hereby required to make report of their proceedings to this Court without delay.
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Court met pursuant to adjournment. Present as before.
**Charles F Meyer et al vs 235 Citizens Savings Institution**
Dedimus to Indiana for defendant.
**Charles Fink vs 149 George W Billings et al**
Motion filed at quash affidavit of Alfred Hall.
**John T Andrews vs 159 James J Lampton**
Replication to answer and counterclaim filed
**Julius H Smith vs James D Houseman**
Answer filed by leave of Court.
William H Kelly, who is personally known to the Court, comes and in open Court acknowledges the execution of a deed of emancipation to his negro slave named Sarah, of black color, surppresed to be about fifty five years of age.
**George Sparrow vs 371 The Terre Haute Alton and St Louis Rail Road Company**
Motion filed at set aside verdict of Jury on plea in abatement.
**George W Brooks vs 487 Allen Brown**
Motion filed to set aside verdict of funny on plea in abatement.
**James Hart vs 388 Jesse Arnot et al**
Motion for security for costs filed
**Rirder and Klein vs 779 Patrick E Burke**
Dedimus to Texas for defendant.
**Thomas Carson vs 455 Thomas Sproat**
Answer filed.
**Abraham H Hoge et al vs 887 William T Mather et al**
The plaintiffs, by their attorney, come and file a petition and thereupon come the defendants, by their attorney and enter their appearance to this action and waive the issue and service of process, wherefore it is ordered by the Court that this cause be docketed as of this term. By agreement of parties filed until the twentieth day of November next is given the defendants to plead herein, and this cause is continued to the next term of this Court.
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**Henry T Bartlett et al vs Steamer Philadelphia**
Depositions for defendant opened and filed.
**Louis C Garnier vs 875 John S McCune et al garns of City Bank of St Louis**
The plaintiff having failed to file interrogatories against John S McCune summoned herein as garnishee, it is therefore on motion of the attorney for said garnishee, ordered that he be discharged hence at the costs of said plaintiff and that execution issue therefore.
**Jane Doyle vs John Doyle**
Now at this day come the parties, by their respective attorney, and the Court having duly heard and considered the application of the plaintiff for an allowance against the defendant of money to enable her to employ counsel and to pay the costs of her suit and also for the temporary support and maintenance of herself and her two infant daughters, also children of the defendant, during the pendency of her suit and being thereof fully advised, doth sustain the same, but not being sufficiently advised as to the amount to be allowed plaintiff, leave is given the parties to file affidavits with reference thereto.
**Thomas M Taylor and Oscar W Collett vs 280 George W Morris, August P Guibert, Rockwell and J A Inslee**
On note.
Now at this day come the plaintiffs by their attorney, and dismiss this suit as to the defendants, Rockwell and Inslee, but the defendants, Morris and Guibert, although duly summoned and called, come not but make default, wherefore, on motion of the attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants, Morris and Guibert, are indebted to the plaintiffs in the sum of five hundred and sixty three dollars and forty four cents. It is therefore considered by the Court that the plaintiffs recover of the said defendants the sum aforesaid in firm aforesaid as found together with interest thereon at the rate of ten per cent per annum from this date until paid and also their costs herein expended and have execution therefor.
**Henry T Mudd, Alexis Mudd, and Graham L Hughes vs 493 William Gayle and Benjamin Wilson**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of twenty three hundred and thirty dollars and thirty two cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
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**The State of Missouri to the use of Joseph Ipold vs 512 Albert J Noble, James S Wilgus, Samuel H Smith and George Peisch**
Now at this day come again the parties by their respective attorneys, and also the Jury empannelled and sworn herein, and thereupon the trial of this cause progressed and being finished, the Jury retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
**Peckham Barker and Co vs C D Sullivan et al**
Affidavit of copartnership filed.
**Thomas S Page vs 337 Albert Becker**
Depositions for plaintiff opened and filed.
**George W Fuller vs David Rees**
By leave of Court plaintiff withdraws the depositions filed in this cause in his behalf.
**Henry C Woardman vs Jacob Fritschle, August Fritschle and Henry Vilkington**
James S Dougherty, Esg, comes in open Court and files a Power of Attorney from the plaintiff to him, and, by virtue of the authority thereby confessed, acknowledges to have received full and entire satisfaction of the judgment rendered herein for the sum of Six hundred and forty dollars and fifty five cents.
**Samuel Guillaume et al vs 370 Morris Rosenheim et al.**
Leave is given plaintiffs to withdraw the note sued on, on leaving copy. Note withdrawn, copy filed.
**Francis Cottinet et al vs 418 Morris Rosenheim et al**
Leave is given plaintiffs to withdraw the note sued on, on leaving copy. Note withdrawn, copy filed.
**Hugh McKelvy vs 849 William Wade et al**
By leave of Court plaintiff amends his petition herein by changing plaintiffs given name from "Henry" to "Hugh." Cause continued.
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**In the matter of the assignment of John H Fisher**
Assignment filed.
**Edward C Sloan vs 883. James C Parks et al**
No one appearing to prosecute this suit it is ordered that it be continued at the costs of the plaintiff.
**James H Sturdy et al vs 913. Lewis Palmer et al.**
Continued at plaintiffs costs.
**Abijah Whiting et al vs 8 Nathan W Jones**
Continued by consent.
**Jules Hauel vs 927 Stephen Haskell and James M Franciscus**
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.
**Edward J King vs 1028 Findley Robb garnishee of Charles Harpikh et al**
It appearing to the Court from the answer of the garnishee herein that he is not indebted to the defendants in any sum whatever, wherefore, on motion of the attorney for said garnishee, it is ordered that he be discharged at the costs of said plaintiff and that execution issue therefor. Ten dollars is allowed garnishee for answering herein.
**Louis Ombray or Soulouyue vs 687 Joseph Vanelaine**
Dismissal.
On motion of the defendant, by his attorney, and the plaintiff having failed to file security for costs as he was required to do, it is ordered by the Court that this suit be dismissed at the costs of said plaintiff and the execution issue therefor.
**Bennett S Olden vs 99 Robert W McClure**
Dismissal.
On motion of plaintiff, by his attorney, it is ordered by the Court that this suit be dismissed at the costs of said plaintiff and the execution issue therefor.
**The St Louis and Iron Mountain Rail Road Company vs 202 Carl Glaenzer**
Dismissal.
On motion of 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.
**William Wade et al vs 78 Joseph B Holland**
By consent of parties Mary B Stewart is substituted as a party plaintiff in lieu of Adam D Stewart.
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**Wesley J Alkire, Norwell J Calhoun, and Josiah Alkire vs 835 James Reed**
On note.
Now at this day come the parties, by their respective attorneys, and waiving a Jury, sub mit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same, doth find for the plaintiffs and assess their damages sustained by reason of the premises in the petition mentioned at the sum of One hundred and sixty three dollars and seventeen cents. It is defendant the sum aforesaid as assessed and also their also their costs herein expended and have execution therefor.
**Peter J Hurck, Tresten Polk, Joseph O'Neil, Peter B Garesche, and John C Ivory vs 787 William Provost, Senior, William Provost Junior, Toussaint Racine. Guardian of William Provost, Junior, Edward Gamache, and Thomas Leitensdofer, his guardian, and Peter Delore and Marie, his wife**
In Partition.
And now at this day, the Court, being fully advised of and concerning the premises, this cause having been heretofore submitted to the Court, doth ascertain and determine that the parties plaintiffs and defendants are the owners of the real estate described in plaintiffs petition in this cause as follows, to wit; situate lying and being in the County of St Louis aforesaid, to wit: first, a tract of land of one and a half arpens in front from North to South and twenty arpens in depth from East to West situate in the Common Fields of Carondelet being the East half of the tract confirmed to John Baptiste Gamache, Jr, under Gregoire Sarpy and known as United States Survey number eighty eight, (88). Secondly, a piece of land situated in the Commons of St Louis in front of and adjoining the tract first above described on the East containing one acre and forty three hundredths of an acre and being the same piece or parcel of ground which was conveyed by the City of St Louis to John Baptiste Gamache under the name of Baptiste Gamache, by deed dated February 19th, 1839, recorded in the office of the Recorder of St Louis County in book H 2 pages 582 &e; and the Court doth further ascertain and determine the respective rights and interests of said parties and their shares and proportions in said real estate as follows, to wit: the plaintiff Peter J Hurck is entitled to two undivided one hundred and forty fourths of said two pieces of land; that the plaintiff Trusten Polk is entitled to one undivided one hundred and forty fourth part of said two pieces of land; that the plaintiffs Peter B Garesche and Joseph O Neil are together entitled to four undivided one hundred and fort fourths thereof; that the plaintiff John C Ivory is entitled to fifty three undivided one hundred and forty fourths thereof, in fee, and to a life estate for the life of Frances Vrin Gamache, she remaining a widow, in the remaining eighty four one hundred and forty fourths thereof; and that, subject to the said life estate in said Ivory, the defendants Marie Delore, wife of Peter Delore, and Edward Gamache are each entitled to twenty eight undivided one hundred and forty fourths thereof; and that, subject likewise to said life estate, the defendant William Provost, Senior, as coheir with William Provost, Junior, in the interest of his deceased children is entitled to eight undivided one hundred and forty fourths thereof; and, subject to the same life estate, the said William Provost, Jr, is entitled to twenty undivided one hundred and forty fourths thereof.
The Court doth therefore order adjudge and decree that partition of said two
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tracts of land be made among said owners according to their respective rights and interest as above ascertained and determined.
**Thomas D Ford vs 533. George N Beard and Eleazer J Beard.**
On note.
Now at this day come the parties, by their respective attorneys, and waiving a Jury, submit this cause to the Court and the Court doth find from the pleadings and proofs that the defendants are indebted to the plaintiff in the sum of two hundred and thirty two dollars and thirty four cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid by the Court found and also his costs herein expended and have execution therefor.
**The State of Missouri to the use of Joseph Ipold vs 512 Albert J Noble, James S Wilaus, Samuel H Smith and George Peisch**
Now at this day come again the parties, by their respective attorneys, and the Jury empannelled and sworn herein also come, and the Jury aforesaid upon their afths aforesaid find for the plaintiff and assess the damages at the sum of One hundred and forty dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**Commercial Insurance Company vs 580 John Halliday and Frederick Welcker**
On note.
Now at this day comes the plaintiff by its attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of one hun dred and forty one dollars and fifty two cents. It is therefore considered by the Court that the plaintiff recover of the said defendants the sum aforesaid as found and also his costs herein expended and have execution therefor.
**John M Krum and Chester Harding Jr assignees of Charles Rogers, James S Anderson, and William L Salisbury vs 554 William B Watson, Christian Pullis, John Pullis and Thomas R Pullis**
Now at this day come the parties by their respective attorneys, and thereupon come also a Jury, to wit: George Muller, James Kary, Joseph Gocken, Charles F Holsle, Joseph Fox, A McLane, Henry Thole, Peter Geiner, Robert M Cormick, Christian Schaeffer, F Dickman and John Betts, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try the tual progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the defendant Watson and further fine for the plaintiffs and against the other defendants and assess the damages at the sum of two hundred and fifty five dollars and fifty cents. It is therefore considered by the Court that the plaintiffs take nothing by their suit in this behalf against the defendant William B
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Watson but that the said defendant go hence without day and recover of the plaintiffs his costs herein expended, and that the said plaintiffs recover of the said defendants, Christian Pullis, John Pullis and Thomas R Pullis, the sum aforesaid in form aforesaid by the Jury assessed and also their costs herein expended and have execution therefor.
**William G Barkley vs 941 Henry Wiesen**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of One hundred and ninety two dollars and ninety nine cents. It is therefore considered by the Court that the plaintiff recover of the said defendant the sum aforesaid as found and also his costs herein expended and have execution therefor.
James H Carlisle, Esq, announces to the Court the death of Robert H Richards, later a member of the St Louis Bar, and on his motion it is ordered that the following Resolutions passed at a meeting held by the members of the St Louis Bar be spread upon the record of this day and that the Court do now adjourn in respect to the memory of the deceased:
"Whereas, the members of the St Louis Bar have this day heard with deep regret of the death of their brother, Robert H Richards, and are desirous of paying a just tribute of respect to his memory; therefore,
Resolved, That in the death of Robert H Richards the Bar has lesta worthy and intelligent member, the community a good citizen and his family and his family and friends a kind and affectionate and companion.
Resolved, That during the sojurn of the deceased among us, we witnessed in him or bright and shining example before his young brethren of the Bar, that did honor to his profession, which by his sudden death has been to us an irreparable loss.
Resolved, That in this afflictive dispensation we recognize one of the most mysterious workings of Divine Providence, who doeth all things well.
Resolved, That we deeply sympathize with the family of the deceased in this severe affliction, which has so suddenly overtaken them.
Resolved, That as a mark of respect we will wear the usual badge of mourning for thirty days, and as a further mark of respect to the deceased we will attend the funeral in a body".
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Court met pursuant to adjournment. Present as before.
**Armelder F Pack vs 15 Francis Hudson**
Motion to dissolve injunction filed.
**Freeman Little vs Ricords and Smithers**
Reply filed.
**Henry Block et al vs 898 Charles W Herbert et al**
Continued.
**Loring P Hawes et al vs 1027 William B Ferguson garns of James H Parker**
Continued by order of Court
**A C Paxson vs 1031 J P M Howard garns J S Haskell**
Continued by order of Court
**Henry C Wright vs 1029 Charles K Dickson garns of Danl D Page et al**
Continued by order of Court
**Squire Hall Jr vs 1025 The St Louis & Iron Mountain R R Co garns**
Continued by order of Court.
**T M Taylor et al vs 1021 John Arnold et al garns of Rockwell & Co**
Continued by order of Court.
**Wesley J Alkire et al vs 1024 Frederick Nagel et al garnishees**
Continued by order of Court.
**Jacob Ensminger et al vs 333 John Baker et al**
Continued by order of Court.
**John Merrick vs 34 William C Smith**
Continued by order of Court.
**Sophia Auferheife vs 968 Caspar Auferheide**
Continued by order of Court.
**Clarence M Brooks et al vs 627 St Louis Floating Dock & Ins Co**
Continued by order of Court.
**Louis A Benoist et al vs 635 Edward Wyman et al**
Continued by order of Court.
**Matilda McDowell vs 853. George H McDowell**
Continued by order of Court.
**Joseph Farrell vs 966 Paul Carlin et al**
Continued by order of Court.
**Nathaniel C Meyers vs 920 John Sigerson et al**
Continued by order of Court.
**The Collier White Lead and Oil Company vs 1023 Charles Blow & Co garns of Keller**
Continued by order of Court.
**Thompson Stout vs 830 Anthony L Knapp et al**
Continued by order of Court.
**Carl Witting vs John Ruedi**
Continued by order of Court.
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**George Goss et al vs 370 H B Merritt et al**
The Court having duly heard and considered the plaintiffs motion to strike out parts of the answer herein and being thereof fully advised, doth overrule the same.
**Phabe Broadley vs 95 Samuel Broadly**
Dismissal.
On motion of the plaintiff, by her attorney, it is ordered by the Court that this suit be dismissed at the costs of said plaintiif and that execution issue therefor.
**Lucinda Hempstead's adm et al vs 856 John K Hempstead et al**
Motion for new trial filed.
**William R Martin and Charles G Martin vs Robert P Hall and Eustace H Smith garnishees of Clearwater & Hardin**
Now at this day come as well the plaintiffs as the 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 said defendants the sum of Eighty six dollars and fifteen cents, It is therefore considered by the Court that the said plaintiffs recover of the said garnishees the sum aforesaid as confessed and have execution therefore, and the out of said sum of the plaintiffs pay the costs as well of the original suit as of this proceeding. Ten dollars allowed garnishees for answering.
**George Pomeroy, William H Benton Jr, and George H Chase. vs 285 Benjamin F Johnson**
On notes.
Now at this day come the plaintiffs by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant is in debted to the plaintiffs in the sum of Sixteen hundred and eighty five dollars and ninety five cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid as founded and also their costs herein expended and have execution therefor.
**The Bank of the State of Missouri vs 492 Alfred M Waterman, Francis Webster, Henry T Darrah, Chester W Pomeroy and Charles W Hebert**
On Bill of Exchange.
Now at this day comes the plaintiff, its attorney, and dismisses this suit as to the defendant, Hebert, although duly summoned and called, comes not but makes default, wherefore, on motion of the attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed; thereupon come the other defendants, by their attorney, and neither party requiring a Jury, this cause is submitted to the Court, and the Court finds from the pleadings and proofs that the defendants are indebted to the plaintiff in
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the sum of Eleven hundred and seventy one dollars and fifty cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the form aforesaid by the Court found and also its costs herein expended and have execution therefor.
**Eugene Jaccard, Augustus S Mermod and D Constant Jaccord vs 44 Alexander M Mitchell**
Now at this day come the parties 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 for the plaintiffs and assess their damages at the sum of Six hundred and eighty one dollars and fifty cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid as assessed and also their costs herein expended and have execution therefor.
**The Franklin Savings Institution vs 923 Samuel Sides, John Valentine, and Sigismund Hirschfeld**
On note.
Now at this day comes the plaintiff, by its attorney, and dismisses this suit as to the defendant, Samuel Sides, but the other defendants, although duly summoned and called, comes not but make default, wherefore, on motion of the attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of two hundred and seventy six dollars and seventy four cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as founded and also its costs herein expended and have execution therefor.
**Lewis V Bogy, Eugene Mithenberger, and William Poultherer vs 877 William M Tompkins and David D Mitchell**
On note.
Now at this day come the plaintiffs by their attorney, but the defendants although duly summoned and solemnly called, come not but make default, wherefore, on motion of the attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of three hundred and eighty seven dollars and sixty six cents. It is therefore considered by the Court that the plaintiffs recover of the said defendants the sum aforesaid as founded and also their costs herein expended and have execution therefor.
**The State of Missouri vs 974 Lorenzo D Holmes**
This Court having no jurisdiction in this cause, it is, on motion of Charles G Mauro, Circuit Attorney, ordered that the transcript herein be returned to the Clerk of the St Charles Circuit Court.
**The State of Missouri vs 973. Margaret Holmes**
This Court having no jurisdiction in this cause, it is, on motion of Charles G Mauro, Circuit Attorney, ordered that the transcript herein be returned to the Clerk of the St Charles Circuit Court.
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**John M Krum et al assignees of Rogers Anderson and Company vs 551 Beard et al**
Stipulation of parties filed.
**Robert Thounburgh vs 1030 William Clark and R P Voorhies garnishees of Andrew L Whitley**
Garnishment
Now at this day come the plaintiff the garnishees by their attorneys and waiving a Jury submit this cause to the Court and the Court doth find from the pleadings and proofs that the garnishees are not indebted to the defendants in any sum whatever. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf but that the said garnishees go hence without day and recover of the plaintiff their costs and charges herein expended and have execution therefor Twenty five dollars allowed garnishees for answering and appearing herein.
Court met pursuant to adjournment. Present as before.
**James C Rainey vs Alexander Christy et al**
Depositions for plaintiff opened and filed.
**Abijah Whiting et al vs 8 Nathan W Jones**
Ordered that a dedimus issue to Illinois for plantiff.
**Philip Thomas vs 445 Andrew Krautler**
The defendant withdraws the motion for security for costs filed herein.
**Hugh McKelvy vs John Ruedi**
It is ordered by the Court that the continuance herein be set aside.
**Presley Phillips vs 146 Benjamin F Hutchinson et al**
Continued generally
**Charles Fink vs Albert Billings et al**
Answer filed.
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**Peter J Hurck et al vs William Provost et al**
Motion for new trial filed.
**Thomas D Ford vs 533 Beard and Brother**
Motion for new trial filed.
**State to use of Peter J Peters vs 750 Luther M Shreve et al**
Continued generally
**John M Krum et al assignees &c vs 551 William B Watson et al**
Motion for new trial filed.
**John M Krum et al assignees &c vs 554 William B Watson et al**
Motion for new trial filed.
**Justus Teerteberg vs 679 Harris Newman**
The Court having duly heard and considered the motion for security for costs herein doth overrule the same.
**John H Thaler vs 289 Wilhelm Sinisheuser**
The plaintiff having failed to file additional security in the attachment bond herein within the time required for him as to do, it is therefore on motion of the defendant by his attorney, ordered by the Court that this suit be dismisses at the costs of the said plaintiff and that execution issue therefore.
**Henry Murphy vs 393 Jacob Fritschle et al**
On motion, leave is given the plaintiff to amend the petition herein by erasing the words "and before the maturity of said note." on the first page of the petition. Amendment made.
**Robert Dowthett vs 503. Alonzo Cutler et al**
Default.
Now at this day comes the plaintiff, by his attorney, but the defendants, Alonzo Cutler, Henry T Darrah and Chester W Pomeroy, although duly summoned and called, come not but make default, wherefore, on motion of the attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed.
**Samuel Myerson vs 668 John Halliday and Washington M Olmstead administrator of Louis Olmstead.**
Default. Order of Publication.
Now at this day comes the plaintiff, by his attorney, but the defendant, Halliday, although duly summoned and called, comes not but makes default, wherefore, on motion of the attorney for the plaintiff, it is ordered that the petition herein be taken against him as confessed: and the Sheriff having made return that the defendant, Washington M Olmstead, cannot be found, and the Court being satisfied that process cannot be served upon him, it is therefore on motion of the attorney for the plaintiff, ordered that he be notified that a civil action has been commenced against him founded on a note for the sum
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of three hundred dollars, 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, within and for the County of St Louis, on the fourth Monday of February next, and on or before the third day thereof answer the petition herein the same will be taken against him as confessed. It is further ordered that a copy hereof be published, according to law, in the Missouri Democrat a newspaper printed and published in the City of St Louis.
**The State Mutual Fire and Marine Ins Co of Pennsylvania vs 174 Daniel Weaver**
The Court, having duly heard and considered the plaintiffs motion to strike out the answer and for judgment, doth overrule the same.
**Eliza M Perry et al vs 73. Mason Frissell et al**
In Partition.
Now at this day comes Charles D Drake, and files his Sixth Report as Commissioner herein showing the payments made by him to the parties herein, in pursuance of the order of payment made on the Eighteenth day of May, eighteen hundred and fifty seven, and also the payment by him into the St Louis Court of Common Pleas as garnishee of John P Malquire, of the sum of three hundred and thirty eight dollars and six cents, due to said McGuire, as stated in said Drake's First Report herein; and the said Drake Mores the Court to confirm his said Sixth Report, 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, and also the said sum due to said McGuire as aforesaid; it is therefore ordered and adjudged by the Court that said Sixth Report of said Commissioner be approved and confirmed.
**Edward Bredell et al In 299 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 in this cause, of the several amounts due to them, as stated in his Third Report filed herein on the twenty third day of March, eighteen hundred and fifty seven, and moves the Court to confirm said payments, 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 Drake has paid the sums of money to the several parties named in said Third Report: it is therefore ordered and adjudged by the Court that said Fourth Report of said Commissioner be approved and confirmed: and it appearing to the Court that said Drake has fully performed his duty as Commissioner in this cause, it is further ordered that he be discharged as such Commissioner.
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> Handwritten Page Number on Record Book: 185
Court met pursuant to adjournment. Present as before.
**Jacob Bersche et al vs 751 Franklin Ins Co**
Answer filed.
**Jacob Bersche et al vs 756 Pacific Ins Co**
Answer filed.
**Jacob Bersche et al vs 761 Globe Mutual Ins Co**
Answer filed.
**Eugene Jaccord et al vs 44 Alexander M Mitchell**
Motion for new trial filed.
**Whiting and Hitchcock vs 781 St Louis Lumbermen and Mechanics Ins Co**
Demurrer to petition filed.
**James M Bristow vs 32 St Louis Alton and Terre Haute Rail Road Company**
Dedimus ordered to for plaintiff.
**Herman Gelpke et al vs 430 Henry Pike**
Motion to strike out answer filed.
**Phils C Calhoun et al vs 507 John W Burd**
Dismissal.
By consent of parties it is ordered by the Court that this suit be dismissed at the costs of the defendants and that execution issue therefor.
**Francis H Luttercord vs 221 C Dumanet**
The Court having duly heard and considered the motion of the defendant to refer this cause to a referee and being thereof fully advised doth overrule the same.
**In the matter of the Assignment of John H Fisher**
Henry N Hart, Esq, assignee herein files a bond in the sum of Eighty four thousand dollars with James Signiago, Samuel Hale, Louis Winkelmaier, William O Shands, Josephus W Hall, and John A Watson, as securities, which is approved by the Court. And, on motion of said assignee, the Court doth order that the personal property and effects assigned be sold by said assignee at private sale during the next thirty days and that the balance of said personal property and effects remaining unsold at the expiraton of thirty days be sold at public sale for cash. It is further ordered that the real estate assigned be sold at public auction, on the following terms, to wit: One third of the purchase money to be paid in cash, and the balance in equal instalments payable in one and two years from the date of sale; deferred payments to bear six per cent interest from the date of sale, to be secured by deep of trust on the real estate sold.
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> Handwritten Page Number on Record Book: 186
**Reuben Loeb et al vs 630 William P Shryock et al**
The Court having duly heard and considered the motion herein to strike out parts of the defendants an swer and being thereof fully advised, doth order that the same be overrulled.
**George Lich administrator of the estate of Louis Engel deceased vs John L Bernicker and Susan Bernicker his wife**
Order of Injunction.
The application of the plaintiffs petition having been considered by the Court and the Court being fully advised thereof, it is ordered, that the said John L Bernicker and Susan Bernicker, and each of them, their servants, agents, and attorneys, be restrained and enjoined from collecting or in any wise disposing of any interest in and to any part of the note due from Dietrich Schuhmacker to said Susan Bernicker; and from collecting or receiving any rents and profits whatsoever from the following described leasehold property or any part thereof, to wit: a certain leashold estate granted to the said Louis Engel deceased by John O Fallon for ten years with the right of renewal for ten years more at its expiration, sometime in the end of the year Eighteen hundred and forty two, in and to a certain parcel of ground in the City of St Louis situated on Franklin Avenue between Eighth and Ninth streets on the North side of the avenue having a front of ninety eight feet on the Avenue to about one hundred feet in depth Northwardly, and to be in Block Number two hundred and fifty four of said City of St Louis, and to be the South West corner of the East half of said block; and also from collecting or receiving any rents or profits upon two brick houses situated on the premises herein described from any tenant or tenants thereof, and also from in any wise interfering or intermeddling with said leasehold property or disposing thereof in whole or in part by subvided, however, that the said George Lock first execute a bond to the said John L Bernicker and Susan Bernicker in the sum of one thousand dollars with sufficient security conditioned according to law. The plaintiff files a bond with George Werner, as security which is approved by the Court.
**Hermann J Hasebrock vs 119 Hubertine F Hasebrock**
Decree of Divorce.
Now at this day comes the plaintiff, by his attorney, and files proof satisfactory to the Court that the order of publication heretofore made herein has been duly published according to law; but the defendant although duly warned and solemnly called, comes not but makes default, wherefore, on motion of the plaintiffs attorney, it is ordered by the Court that the petition herein be taken against her as confessed: and the Court after hearing the proof herein, being satisfied of the good conduct of the plaintiff and that be is an innocent and injured party doth order adjudge and decree that he be absolutely and forever divorced from the bonds of matrimony by him contracted with the said defendant and be restored to all the rights and privileges to an unmarried person. It is further ordered that the said plaintiff pay the costs herein and that execution issue therefor.
**Henry Killion and Daniel Killion vs 476 Patrick Reilly**
On note.
Now at this day come the parties, by their respective attorneys, and submit to the Court
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> Handwritten Page Number on Record Book: 187
the motion of the plaintiffs to strike out the answer herein and for judgement, and the Court having duly heard and considered the said motion and being thereof fully advised, doth sustain the same: and the Court finds from the instrument of writing on which this action founded that the defendant is indebted to the plaintiffs in the sum of One hundred and seventy three dollars and sixty two 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 also their costs herein expended and have execution therefore.
Court met pursuant to adjournment. Present as before.
Augustus W Alexander is, on motion of James C Jones, admitted and enrolled as a member of this bar.
**Lissack H Simpson vs 356 Branch and Lee**
Motion to suppress deposition of William B Langley filed.
**State of Missouri to use of use Ipold vs 512 Albert J Noble et al**
Motion for new trial filed.
**George B Richardson vs 323. William P Howard**
Motion to strike out parts of answer filed.
**St Bt W M Morrison vs 290 Brown Goddin and Co**
Motion to strike out part of answer filed.
**R Thornburg vs 1030 William Clark et al garns**
Motion for new trial and to retax costs allowed garnishees filed.
**Hermann Gelpke et al vs Henry Pike**
The plaintiffs by their attorney, come and withdraw their motion to strike out the answer herein.
**Justus Teuteberg vs 879 Harris Newman**
The Court having duly heard and considered the demurrer to the petition herein and being thereof fully advised, doth order that the same be overruled.
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> Handwritten Page Number on Record Book: 188
**George Lich administrator of Louis Engle decd.76 John L Bernicker and Susan Bernicker**
Appointment of Receiver.
On motion of the plaintiff, by his attorney, Frederick W Engel is appointed Receiver of the rents and profits accruing and to accrue upon the property mentioned and described in the plaintiffs petition; and the said receive is hereby required, before entering upon the discharge of his duties, to file a bond in the sum of five thousand dollars, with good and sufficient security, conditioned according to law. The said Receiver files an affidavit and also a bond with George Lich, as security, which bond is approved by the Court.
**James Foy vs 48 John Wasson et al**
The court having duly heard and considered the motion for a new trail herein and being thereof fully advised, doth overrule the same.
**John D S Haslett vs 185 John Decker**
The Court having duly heard and considered the motion to strike out the reply herein and bring thereof fully advised, doth order that the same be sustained.
**Presley Phillips vs 146 Benjamin F Hutchinson et al**
The court having dual heard and considered the de murrer to the counterclaim herein and being thereof fully advanced, doth order that the same be sustained.
**Wilson King vs 312 The Ohio and Mississippi Rail Road Company et al**
The court having duly heard and considered the motion to strike out the answer of the defendant, Alexander, and being thereof fully advised, doth overrule the same.
**George G Presbury vs 740 Marcus A Wolf**
The court having duly heard and considered the Demurrer to the petition herein and being thereof fully advised doth sustained the same.
**Abraham Goldsmith et al vs 197 Adams Express Company**
The court having duly heard and considered the motion for a new trail herein and being thereof fully advised, doth overrule the same.
**John R Gillett vs 09 Ezra O English et al**
The plaintiff, by his attorney, comes and confesses the truth of the demurrer herein, and by consent of parties, ten days is given said plaintiff to file an amended petition.
**John O Cannon vs 558 Daniel R Grace and Michael Cerre**
Default.
Now at this day come the parties, by their respective attorneys, and submit to the Court the motion to strike out the answer, herein, and the Court, having duly heard and considered the said motion, doth sustain the same; and the defendants failing further to plead herein, it is, on motion of the plaintiffs attorney, ordered that the petition herein be taken against them as confessed.
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> Handwritten Page Number on Record Book: 189
**Abraham Kramer and Adolph Loth vs David P Thomas**
The Court having duly heard and considered the motion of the plaintiffs for an order on the Sheriff to pay over money, and being thereof fully advised doth order that said motion be dismissed at the costs of said plaintiffs.
**John R Richards vs 778 Joseph Foster**
The Court having duly heard and considered the motion to strike out parts of the answer herein doth sustain the same. Six days is given defendant to answer herein.
**Francis Rogers et al vs 169 Charles B Lamb**
The Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth order that the same be overruled.
**Cleander Mighells vs 28 Lorenzo D Jones**
The Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth order that the same be overruled. Agreement as to costs filed.
**Providence Tool Co vs 888 Miles G Moies and Henry M Woodward**
Confession of Judgment.
Now at this day come the defendant and file a state ment in writing duly verified by affidavit, whereby they confess themselves indebted to the plaintiff in the sum of twenty six hundred and fifty one dollars and eighty four cents. and authorize the Court to render judgment against them for that amount. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid as confessed and also its costs herein expended and have execution therefor.
**Thomas S Page vs 337 Albert Becker**
Order of Production of Papers.
Now at this day comes the plaintiff, by his attorney, and files a statement in writing duly verified by affidavit wherein he prays for an order on the defendant to produce certain papers therein named, and the Court, having duly heard and considered the come, doth order that the said defendant produce forthwith, to be used in the trail of this cause, the following papers, to wit: a certain deed made and executed on the fifteenth day of May, eighteen hundred and fifty seven, between Zebb Ward and Mary E Ward, his wife and J J Page and Martha C Page, his wife, of the first part, and A Becker, of the second part, being a conveyance from said parties of the first part to said said party of the second part of "the North West half of the first part in block sixty five fronting twenty five feet on Main Street and running back one hundred and forty feet on Sixth street in the City of Keoruk, County of Lee and State of Jowa;" also a letter from H R Reeder to said A Becker bearing date February twenty second, eighteen hundred and fifty eight.
**James McCord vs 693. William Fulton**
On note.
The Court having duly heard and considered the motion of plaintiff to strike out the answer herein and for judgment
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> Handwritten Page Number on Record Book: 190
doth sustain the come: and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of Nineteen hundred and ninety dollars and twenty cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid as found and also his costs herein expended and have execution therefor.
**George Pomeroy, William H Benton, and George H Chase vs 657 George Smizer, George Smizer Jr, and William Smizer**
On note.
Now at this day come the plaintiffs, by their attorney and dismiss this suit as to William Smizer, but the other defendants, although duly summoned and called, come not but make default, wherefore, on motion of the attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of four hundred and seventy eight dollars and ten cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid as found and also their costs herein expended and have execution therefor. Judgment to bear interest at the rate of ten per cent per annum from this date until paid.
**Henry Mohrman Executor of George Ridinour vs 205 Thomas Lumley and Robert Peyinghous.**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and solemnly called, come not but make default, wherefore, on motion of the attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two hundred and sixty five dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as found and also his costs herein expended and have execution therefor.
**Freeman Little vs 749 John A Smithers and George W Sherick**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendant Sherrick, but the defendant, Smithers, although duly summoned and called, comes not but make default, wherefore, on motion of the attorney for the plaintiff, it is or dered by the Court that the petition herein be taken against him as confessed: And the Court finds from the instrument of writing on which this action is founded that the defendant, Smithers, is indebted to the plaintiff in the sum of three hundred and seventy two dollars and eighty three cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
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> Handwritten Page Number on Record Book: 191
Court met pursuant to adjournment. Present as before.
William Carey Jones is, on motion of Chester Harding, Jr, admitted and enrolled as a member of this Bar.
**Henry E Warren vs 38 Corneliues Tunison et al**
Abstract of issues filed.
**Louis A Benoist et al vs 72 Lydia M Rector et al**
Answer of Hogan and Garnier to second amended petition filed.
**Charles R Anderson vs Charles D Colman et al garns**
Answer of Charles D Colman filed.
**John Q Cannon vs 558 Daniel R Grace et al**
Motion of set aside default filed.
**James Hart vs 388 Jessee Arnol et al**
The Court having duly heard and considered the motion herein for security for costs and being thereof fully advised doth order that the same be sustained. Ten days is given the plaintiff to file such security for costs.
**Eugene Jaccard et al vs 44 Alexander M Mitchell**
The Court having duly heard and considered the motion herein for a new trial and being thereof fully advised doth order that the same be overruled.
**George Sparrow vs 371 Terre Haute Alton and St Louis Rail Road Company**
The Court having duly heard and considered the motion herein to strike out parts of the answer herein and being thereof fully advised doth sustained the same.
**Thomas D Ford vs 533 George N Beard and Eleazer J Beard**
The Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth order that the same be overruled.
**George Wambsgaust vs 267 Louis Steller**
Garnishees discharged.
It appearing to the Court that the plaintiff has failed to file interrogatories herein against the garnishee the United States Savings Institution and the Peoples Savings Institution within the time prescribed by law, it is therefore, on motion of Henry N Hart, their attorney, ordered that they be discharged at the costs of said plaintiff and the five dollars be allowed each garnishee for appearing herein.
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**Viewer Page 196** (rcdbook1858_28_0195.jpg)
> Handwritten Page Number on Record Book: 192
**Charles Fink vs 149 Albert Billings et al**
On motion of the plaintiff by his attorney it is ordered that the Clerk of this Court file the affidavit of Albert Hall and the copy of the petition served on Albert Billings, "nunc pro tune", as of the thirtieth day of August eighteen hundred and fifty eight, which is accordingly done.
**Gottfried Kleinmann vs 11 John Helgenberg et al**
The Court having duly heard and considered the motion herein for a new trial and being thereof fully advised, doth order that the same be overruled.
**George Domnick vs 362. Frederick W Hackman et al**
The Court having duly heard and considered the demurrer herein to the amended petition and being thereof fully advised doth overrule the same.
**William McDonald et al vs 27 Charles Chambers**
Continued as on affidavit at plaintiffs costs.
**Priscilla Bathimore vs 6 Jackson Bod Kins**
The Court having duly heard and considered the motion herein to strike out the defendants answer and being thereof fully advised doth overrule the same.
**Cortez Crocker vs 319 Eleazer Sherman**
The Court having duly heard and considered the defendants motion to dismiss this suit and being thereof fully advised doth overrule the same. By leave of Court the defendants files an answer herein.
**Lissack H Simpson vs 359 Robert M Branch et al**
The plaintiff, by his attorney, comes and withdraws the motion to suppress depositions herein, and by consents of parties the cause is continued.
**Joel D Smith et al vs 630 John J Mitchell et al**
The Court having duly heard and considered the demurrer to the petition and being thereof fully advised doth overrule the same as to the first Court of the petition and doth sustain the same as to the second Count of the petition. On motion of the plaintiffs, by their attorney, leave is given to amend the petition herein by striking out all that part around which black lines are drawn, which includes all after words "said contract and said report of said Wentz as such engineer are herewith filed" down to signature of counsel; which amendment is made.
**In the matter of the assignment of Joseph Steinacker**
Now at this day come R D Van Nostrand and James Clark, assignees of Joseph Steinacker
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> Handwritten Page Number on Record Book: 193
and present to the Court their application in this behalf and pray the Court that they be relieved from their bonds and to surrender their trust as such assignees; Whereupon it is ordered by the Court that said application be referred to Henry Hitchcock, Esquire, an attorney of this Court, as a Commissioner appointed by the Court for this case, to examine the merits of the said application and report to the Court with all convenient speed thereon. Report of Commissioner filed.
**George Pomeroy, William H Benton Jr and George H Chase vs 163. Theodore Betts, John D Mellen, Joshua Jackson, John O Mellen and A A Sawyer**
On Bill of Exchange.
Now at this day come the plaintiffs and the defendants, Theodore Betts, John D Mellen, A A K Sawyer, and John O Mellen, by their respective attorneys, and submit to the Court the motions of said defendants to set aside the judgment herein and the Court having duly heard and considered the said motions and being thereof fully advised doth order that the same be sustained; thereupon the plaintiffs dismiss this suit suit as to the defendants John D Mellen, Joshua Jackson and A A K Sawyer, but the other defendants having failed to answer the amended petition herein, it is on motion of the attorney for said plaintiffs, it is ordered that the said amended petition be taken against them as confessed: and the Court finds from the instument of writing on which this action is founded that the defendants, Theodore Betts and John O Mellen, are indebted to the plaintiffs in the sum of thirteen hundred and twenty dollars and two cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**John S Thompson, William White and Hiram A Pryor vs 9 John Nevison**
In the matter of Thompson, White and Pryor against James Castello late Sheriff of the County of St Louis. Upon reading the affidavit of John S Thompson and hearing the counsel of both parties, It is ordered that the said James Castello, late Sheriff of the County of St Louis, shall on the thirteenth instant pay over to the said plaintiffs Thompson White and Pryor, or their attorney of record, out of the proceeds arising from the sale of the property attached in this case the amount of the judgment recovered by said plaintiffs against said defendant at the present term of this Court, with interest, damages and costs, or that on the said day the said James Castello show cause to the contrary.
**Richard P Haren Kamp and William B Hynes. vs 10 John Nevison**
In the matter of Herenkamp and Hynes against James Castello late Sheriff of the Court of St Louis. Upon reading the affidavit of William R Hynes and hearing the counsel of both parties, It is ordered that the said James Castello, late Sheriff of St Louis County shall on the thirteenth instant pay over to the said plaintiffs, Herenkamp and Hynes, or their attorney of record, out of the proceeds arising from the sale of the property attached in this case the amount of the judgment recovered by said plaintiffs against said defendant, at the present term of this Court, or that on the said day the said James Castello show cause to the contrary.
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> Handwritten Page Number on Record Book: 194
**Charles Rogers and Company assignees vs 554 Christian Pullis et al**
The Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth order that the same be overruled.
Court met pursuant to adjournment. Present as before.
**Charles R Anderson vs Charles D Colman et al garns of McDonald et al**
Exceptions to answer of Charles D Colman filed.
**Isaac Gearhart et al vs 20 State Savings Institution**
Answer filed.
**Durand Carter and Co vs 461 C D Sullivan and Co**
Affidavit of partnership filed.
**Abraham H Hoge et al vs 887 William T Mather et al**
Ordered that a dedimus issue to Illinois for plaintiffs.
**George B Cooper vs 811 The St Louis Alton and Chicago Rail Road Company**
On motion of plaintiff, by his attorney, leave is given the Sheriff to amend his return on the Summons issued in this cause so as to conform to the facts; which amendment is accordingly made immediately after the first return of the said Sheriff.
**Samuel H Bailey vs 350 Isaac T Wise**
The Court having duly heard and considered the Demurrer herein to the petition and being thereof fully advised, doth order that the same be sustained.
**George G Presbury et al vs 406 Joseph L Papin et al**
The Court having duly heard and considered the moton herein for a new trial and also the motion in arrest of judgment, and being thereof fully advised, doth order that the said motions, and each of them, be overruled.
**Joseph W Hall vs 416 Edwin A Skeele**
On motion of the plaintiff, by his attorney, it is ordered by the Court that leave be given him to withdraw the note sued on, on leaving copy. Note withdrawn and copy filed.
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**Viewer Page 199** (rcdbook1858_28_0198.jpg)
> Handwritten Page Number on Record Book: 195
**The St Louis Car Wheel Company vs 402 John Lowry**
Now at this day comes the defendant, by his attorney, and remits the sum of two hundred and thirty one dollars of the judgment rendered herein on the twenty seventh day of October last past; and the Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth overrule the same.
**Stephen Hout and George Cotton Green vs William Lansing**
Order of Sale.
Michael S Cerre, Esq, Sheriff of St Louis County, comes and files a statement from which it appears that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit and is likely to depreciate in value; it is therefore ordered that said Sheriff proceed to sell said property according to law; and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
**Alexander J P Garnesche administrator of William Farrell et al vs 43 Ann Brennon administration of James Brenon et al**
Now at this day come the parties, by their respective attorneys, and on motion of the plaintiffs it is ordered that the Judge of the Probate Court for St Louis County produce, forthwith, to be used in the trial of this cause a certain paper purporting to be the Will of Michael Brennon, deceased and thereupon come a Jury, to wit: J C Cathin, John Mensman, H C Cuniffe, J A Krueger, H L Carson, George Corning, Phil Ewald, John Ferguson, P Lamert, J Bolinger, S Decker, and Jas Wasson, twelve good and lawfull men, who being duly elected tried and sworn the issues herein joined well and truly to try the trial progressed but not be finished at the hour of adjournment further proceedings herein are laid over until to morrow morning.
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**Viewer Page 200** (rcdbook1858_28_0199.jpg)
> Handwritten Page Number on Record Book: 196
Court met pursuant to adjournment. Present as before.
**David Block vs 1 Solomon Block**
Continued
**David Block vs 2 Louis Block**
Continued
**Francis Charleson et al vs 137 Edward St Michel**
Continued
**Isaac Gearhart et al vs 20 Theftale Savings Institution**
Continued by consent.
**Richard R Field et al vs 4 Louis Magnus**
Continued by consent. Agreement of parties filed.
**Hyacinth (of color) vs 210 H Renard**
Motion for security for costs filed.
**George Pomeroy et al Theodore Betts et al**
Separate motions to set aside judgment filed by defendants Betts and Mellen.
**John O'Cannon vs 558 Daniel R Grace et al**
Affidavit supplementary to motion to set aside judgt by default filed by leave of Court.
**Judith Barnfield vs John W Barn field**
Depositions for plaintiff opened and filed.
**Charles R Anderson vs Charles D Colman et al garns**
Denial of answer of Charles D Colman filed.
**Lucius Lyon vs 488 Moies and Woodward**
Leave is given the plaintiff to withdraw notes on leaving copy. Notes withdrawn and copies filed.
**John Allen vs 672 Catharine L Papin et al**
Leave is given the plaintiff to withdraw exhibits herein. Exhibits withdrawn and copies filed.
**Isaac H Mason vs 188 John Warner et al**
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendants Boomer and Pride. Demurrer to petition filed.
**John McNeil et al vs 82 Bernhard Midas**
Answer to Interplea filed by plaintiffs.
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> Handwritten Page Number on Record Book: 197
**Richard R Field, Reuben Beardslee, John K Field, Isaac N Field and Phineas Beardslee vs 720 Henry F Cross, Franklin Field and Thomas A Simpson**
Now at this day comes Leverett Bell, the Receiver appointed in this cause, and files his Report, and thereupon, on motion, of the plaintiffs, by their attorneys, it is ordered by the Court that the said Report be confirmed: And it is further ordered that said Receiver be allowed out of the funds in his hands the sum of One hundred dollars for his services, together with the sum of ten dollars and seven cents, the amount paid out by him for expenses, and that after paying the costs of this cause, and retaining the sum of One hundred dollars for contingent expenses, he pay the balance of the funds in his hands to said plaintiffs, and that he proceed to make such further collections as may be in his power until the further order of this Court.
**Oliver Bennett vs Edward Dobyns, John M Wimer and Anthony Bennett**
Charles C Carroll, attorney for the plaintiff, comes and, in open Court, acknowledges to have received full and entire satisfaction of the judgment rendered in this cause on the twenty fifth day of April, eighteen hundred and fifty.
**Alexander J P Garesche administrator of William Fanell et al vs 43 Ann Brennon administration of James Brennon et al**
Now at this day come again the parties by their respective attorneys, and the Jury empannelled and sworn herein also come, and thereupon the trial of this cause progressed, but not being finished further proceedings are laid over until to morrow morning.
**Charles Fink vs 149 Albert Billings et al**
The Court having duly heard and considered the motion herein to quash the affidavit of Albert Hall and being thereof fully advised doth overrule the same.
**James Hart vs Jesse Arnott et al**
The Court having duly heard and considered the Demurrer to the petition herein doth overrule the same.
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> Handwritten Page Number on Record Book: 198
Court met pursuant to adjournment. Present as before.
Levi Durst, who is personally known to the Court, comes and in open Court and acknowledge the execution of a deed of Emancipation to his negro slave Heniett Robin Pointer a negro child of the age of one year and nine months.
**John C Potter Jr et al vs 52 John McDowell**
Four notes filed.
**John R Richards vs 778 Joseph Foster**
Answer filed.
**James M Bristow vs 32 St Louis Alton and Terre Haute Rail Road Company**
Continued by consent at plaintiffs costs.
**Tauntor Locomotive Manufacturing Company vs 31 Terre Haute Alton and St Louis R R Co**
Continued generally.
**Priscilla Baltimore vs 6 Jackson Bod Kins**
Continued by consent at plaintiffs costs.
**John K Brettele vs 29 Patrick Malloy**
Continued on affidavit at plaintiffs costs.
**Edmund D Taylor vs 36 James T Swearinger**
Continued.
**City of Carondelet vs 51 William M McPherson**
Continued by consent
**Liberty Insurance Company vs Triplett and Sells**
Depositions for defendant opened and filed.
**David C Tandy vs 785 Wheaton and Papin**
Assignment of Judgment to Hypolite Papin filed.
**The State of Missouri to the use of George W Thatcher vs 110 Solomon Smith et al**
Dismissed.
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.
**The State of Missouri to the use of George W Thatcher vs 111 The Citizens Savings Institution et al**
Dismissed.
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: 199
**The State of Missouri to the use of George W Thatcher vs 112 James C Page et al**
Dismissed.
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.
**Alexander J P Garesche administrator of William Farrell et al vs 43 Ann Brennon administratix of James Brnnon et al**
Now at this day come the parties again by their respective attorneys, and the Jury empaneled and sworn herein also come and thereupon the trial of this cause progressed and being finished the Jurors retire to consider of their verdict.
**George B Cooper vs 811 The St Louis Alton and Chicago Rail Road Company**
It appearing to the Court that the judgment by default rendered herein on the Sixth day of October last past is erregular and erroneous, it is therefore, on motion of the defendant, by its attorney, ordered that said Judgment be set aside and for naught held.
**Julius H Smith vs 143. James D Houseman**
Appointment of Commissioner.
By consent of parties, it is ordered that this cause be referred to William H Osborn, as Commissioner herein to take and state the respective accounts of the plaintiff and defendant with the firms of Houseman and Smith and Houseman Smith and Company, and that he report therein as early as practicable, and that the Receiver heretofore appointed herein allow the said Commissioner to have access to the books and accounts beloning to said firms.
**Cynthia Ann McCoy vs 55 William McCoy**
Decree of Divorce.
Now at this day comes the plaintiff, by her attorney and files proof satisfactory to the Court that the order of publication heretofore made herein has been duly published according to law, but the defendant although duly notified and called, comes not but makes default, wherefore, on motion of the attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court, after hearing the proof herein being satisfied therefrom of the good conduct of the plaintiff and that the plaintiff is an innocent and injured party, doth order adjudge and decree that she be absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant and be restored to all the rights and privileges of and unmarried person, and that her maiden name, Cynthia Ann Crow, be restored to her and be hereafter deemed and taken as her only true and lawful name. It is further ordered that the said defendant pay the costs herein and that execution issue therefore.
**Sophie Williams vs 83 William Williams**
Decree of Divorce.
Now at this day comes the plaintiff, by her attorney, and on her motion, and the defendant having made default, the Court proceeds to hear the proof herein, and the Court having duly heard and considered the same and being satisfied therefrom of the good conduct of the plaintiff
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> Handwritten Page Number on Record Book: 200
and that the plaintiff is an innocent and injured party, doth order adjudge and decree that she be absolutely and forever divorced from the bonds of matrimony by her contracted oath the defendant and be restored to all the rights and privileges of an un married person. It is further ordered that the said defendant pay the costs herein and that execution issue therefor.
**Jacob H Eimer et al vs 22 William Beste et al**
The Court having duly heard and considered the motion to strike out the defendants answer and being thereof full advised doth order that the said motion be sustained: and the Court having also duly heard and considered the motion to strike out the inter plea herein and being thereof fully advised doth order that the said motion be overruled.
**Mount Vernon Company vs 12 Henry B Merritt, William Risley and Jacob Merritt**
On account.
Now at this day comes the plaintiff, by its attorneys and waiving a Jury, submits this cause to the Court upon the petition and proofs, and the Court having duly heard and considered the same doth assess the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of five hundred and seventy nine dollars and sixty eight cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid as assessed and also its costs and charges herein expended and have execution therefor.
**Louis Rower and Hermann H Laumeier vs 57 Samuel Schmidt**
On account
Now at this day come 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 assess the plaintiffs damage sustained by reason of the premises in the petition mentioned at the sum of Six hundred and sixty nine cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefor.
**Mathew Rippey vs 36. Meyer Friede**
On account.
Now at this day come the parties by their respective attorneys, and thereupon come also a Jury, to wit: C E P Johnson, John Auer, Peter Parle, Patrick Sully, P C Hovacer, L Schmidt, Jacob Klein, J H Ditmer, J B Clemons, J W Beven, R F Dailey and P Taylor, twelve good and lawful men, who being duly elected, tried and seven the issues herein joined well and truly to try the trial progressed but not being concluded at the hour of adjournment further proceedings are continued until to morrow morning.
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> Handwritten Page Number on Record Book: 201
Court met pursuant to adjournment. Present as before.
**James G Herman et al vs 320 Henry J Cuniffe et al**
Agreements as to notice to take depositions filed.
**Meyer, Koug and Meister vs Citizens Savings Institution**
Depositions for defendant opened and filed.
**Samuel H Bailey vs 350 Isaac T Wise**
Amended petition filed by leave of Court.
**William Taylor vs 599 Joseph Stockdale**
Dismissal.
On motion of the 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.
**Peter Wonderly et al vs 898 Jacob Wonderly garns of Gordon and Wilson**
Garnishee discharged.
It appearing to the Court from the answer of said garnishee that he is not indebted to the defendants in any sum what ever, it is therefore on motion of the attorney for said garnishee orderd that he be discharged at the costs of the said plaintiffs and that execution issue therefor.
**Jacob Pfau et al vs 144 H C G Heinncks**
Default.
Now at this day come the plaintiffs by their attorney but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed.
**Alexander J P Garesche administrator of William Farrell et al vs Ann Brennon administratix of James Brennon et al**
Now at this day come the parties again by their respective attorneys, and also the Jury empannelled and sworn herein, and the Jury aforesaid upon their oaths aforesaid say they cannot agree upon a verdict herein, wherefore it is ordered by the Court that the Jury aforesaid be discharged and this cause be continued until the next term of this Court.
**A Thumway et al vs H Lyon**
Dedimus to New York for the plaintiffs.
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**Viewer Page 206** (rcdbook1858_28_0205.jpg)
> Handwritten Page Number on Record Book: 202
**Andrews and Sides vs H Lyon**
Dedimus to New York for the plaintiffs.
**Henry E Warren vs 38 Cornelius Tunison et al**
Leave is given the plaintiff to withdraw the notes sued on, on leaving copy: Notes withdrawn and copies filed.
**Mathew Rippey vs 36 Meyer Fride**
Now at this day come again the parties by their respective attorneys and also the Jury empannelled and sworn herein, and thereupon the trail of this cause progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess his damage at the sum of two hundred and thirty nine dollars and forty three cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
The Court imposes a fine of five dollars upon J R Scott for failing to attend as a Juror after having been summoned so to do.
**Charles R Andersons vs 876 Charles D Colman and Peter E Bland garnishees of McDonald and Lingo**
Order of Citation.
Now at this day comes the plaintiff, by his attorney, and it appearing to the Court from the answer of Charles D Colman, one of the garnishees herein, that at the time he was summoned herein as such he had in his possession a certain sum of money amounting to Eight hundred and ninety nine dollars and sixty five cents, to be accounted for to the said defendant Lingo, or his assignee; and it further appearing to the Court from such answer that the said sum of money has been assigned by the said defendant, Lingo, to John D Hooper and Nathaniel Phillips; and the said plaintiff disputes the existence force, or validity of such assignment, the Court, doth, therefore, in puroer ance of the Statue in such case made and provided, order that the aforesaid assignees appear before this Court on Wednesday, the first day of December next, at ten o'clock A M to sustain their said claim, if any they have to the said sum of money.
**William S Stamps administrator of Jane Foster vs 90 Joseph H Locke Executor of Legrand F Rucker**
Now at this day come the parties by their respective attorneys and thereupon come also a Jury, to wit; John Auer, J R Scott, Peter Parle, Patrick Scully, P C Hovacker, L Schmidt, Jacob Klein, J H Detinur, J B Clemens, J W Bevens, B F Dailey, and H P Taylor, 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 finished at the hour of adjournment further proceedings herein are laid over until to morrrow morning.
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**Viewer Page 207** (rcdbook1858_28_0206.jpg)
> Handwritten Page Number on Record Book: 203
**Rosanna Johnson vs 14 James N Johnson**
For maintenance.
Now at this day come the parties, by their respective attorneys and submit to the Court the Demurrer to the Petition herein and the Court having duly heard and considered the same, and being thereof fully advised doth order that the said demurrer be overruled and the defendant by leave of Court files an answer herein; and thereupon the trial of this cause progressed, and after some progress therein the parties consent and agree that the Court may allow the plaintiff the sum of ten dollars per month for her maintenance and support, payable on the Eleventh day of December next and on therefore considered by the Court that the said defendant pay the said plaintiff the sum aforesaid in form aforesaid as agreed upon, and that the plaintiff recover of the defendant her costs herein expended and have execution therefor. Agreement filed.
**Jacob H Eimer and Frederick W Treudenthal vs William Beste and Felix Grima**
Now at this day come the plaintiffs by their attorney, but the defendants although duly called come not, nor have they pleaded further to the petition herein, wherefore, on motion of the plaintiffs, by their attorney, it is ordered by the Court that the said petition be taken against them 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 assess the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of fourteen hundred and sixty four dollars and thirty cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid as assessed and also their costs herein expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
Robert H Buck is on motion of George Denniston enrolled as a member of this Bar.
**Matthew Rippey vs 36 Meyer Friede**
Motion for new trial filed.
**Samuel H Bailey vs 350 Isaac T Wise**
Demurrer to amended petition filed.
**Edward Bredell et al vs Jane Powell et al**
Depositions for the plaintiffs opened and filed.
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**Viewer Page 208** (rcdbook1858_28_0207.jpg)
> Handwritten Page Number on Record Book: 204
**Jacob H Eimer et al vs 221 William Beste et al**
Motion to suppress depositions filed.
**James W Davenport vs 117 Charles H Heywood et al**
Alias Summons ordered for defendant Morris and cause continued.
**Felix Coste et al vs 265 The City of St Louis et al**
The Court having duly heard and considered the Demurrer to the petition herein and being thereof fully advised doth order that the same be sustained.
**Lorenzo D Holmes vs 712 John Bingham et al**
The Court having duly heard and considered the Demurrer to the petition herein and being thereof fully advised doth order that the same be sustained.
**Lewis Emmons vs 26 A B Fenton et al**
Continued by consent at defendants costs.
**Luther Laflin et al vs 95 Thomas R Grady et al**
Continued by consent.
**Ellen Mangum vs 91 Michael Mangum**
Decree of Divorce.
Now at this day comes the plaintiff, by her attorney and thereupon the Court proceeds to hear the proof herein and the Court, having finished the hearing of the proof, and being satisfied therefrom of the good conduct of the plaintiff, and that the plaintiff is an innocent and injured party, doth order adjudge and decree that she be absolutely and forever divorced from the bonds of matrimoney by her contracted with the plaintiff and be restored to all the rights and privileges of an unmarried person, and that her maiden name Ellen Kennedy, be restored to her and deemed and taken hereafter as her only true and lawful name. It is further ordered that the said plaintiff pay the costs herein and that execution issue therefor.
**Johannes Link vs 18 Philippine Link**
Decree of Divorce.
Now at this day comes the plaintiff, by his attorney, and thereupon the Court proceeds to hear the proof herein, and having finished the hearing of the proof and being satisfied therefrom of the good conduct of the plaintiff and that the plaintiff is an innocent and injured party it doth order, adjudge and decree that he be absolutely and forever divorced from the bonds of matrimony by him contracted with the defendant and be restored to all the rights and privileges of an unmarried person, and further that the said plaintiff pay the costs of these proceedings and that execution issue therefor.
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**Viewer Page 209** (rcdbook1858_28_0208.jpg)
> Handwritten Page Number on Record Book: 205
**James Raphaelsky vs 126 Mary Jane Raphaelsky**
Decree of Divorce.
Now at this day comes the plaintiff, by his attorney, and thereupon the Court proceeds to hear the proof herein and having duly heard and considered the same and being satisfied therefrom that the said plaintiff is an innocent and injured party, it doth order adjudge and decree that he be absolutely and forever divorced from the bonds of matrimony by him contracted with the said defendant and be restored to all the rights and privileges of an unmarried person. It is further ordered that said plaintiff pay the costs herein and that execution issue therefor.
**William & Stamps administrator of Janie Foster no 90 Jaoeph H Locke Executor of Legrand F Rucker**
Appeal from Probate Court.
Now at this day come again the parties by their respective attorneys and also the Jury empannelled and sworn herein, and thereupon the trial of this cause progressed and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiff assess the damage at the sum of two thousand and twenty one dollars and forty seven cents. It is therefore considered by the Court that the said plaintiff recover of the estate of Legrand F Rucker in the hands of Joseph H Locke his Executor, the sum aforesaid in form aforesaid as assessed and that a copy hereof be certified to the St Louis Probate Court there to be proceeded on according to the statue in such case made and provided and that the plaintiff recover of the said estate his costs herein expended.
**Franklin L Weber and Sebastian Felter vs 39 Charles Harzig**
It appearing to the Court that the default taken herein on the Eleventh day of October last past is irregular therefore on motion of the plaintiffs, by their attorney, it is ordered that the same be set aside and for naught held.
**Franklin L Weber and Sebastian Felter vs 39 Charles Harzig**
Order of Publication. Attachment.
The plaintiffs, by their attorney, file an additional affidavit herein, from which it appears to the Court that the defendant is a non resident of the State of Missouri, it is therefore, on motion of said plaintiffs attorney, ordered that he be notified that a civil action has been commenced against him for the sum of One hundred and eighty eight dollars for services rendered by the plaintiffs, at the request of the defendant in the transportation of wood and that his property has been attached, and unless he be and appear at the next term of this Court to be begun and held at the City of St Louis within and for the County of St Louis, on the fourth Monday of February next, and on or before the third day thereof answer the plaintiffs petition judgment will be 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 Missouri Republican, a newspaper printed and published in the City of St Louis.
**Julia Ann Hanna vs 134 Robert W McClure**
On Contract.
Now at this day comes the plaintiff, by her attorney and waiving a Jury submits this cause to the Court upon the petition and proofs, and the Court having duly heard and
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**Viewer Page 210** (rcdbook1858_28_0209.jpg)
> Handwritten Page Number on Record Book: 206
considered the same doth assess the plaintiffs damage sustained by reason of the premises in the petition mentioned at the sum of fifty two dollars and forty one cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid as assessed and have execution therefor.
**James C Mcneil Guardian of Crawford Proter vs 135 Robert W McClure**
On Contract.
Now at this day comes the plaintiff, by his at torney, and waiving a Jury, submits this cause to the Court upon the petition and proofs, and the Court having duly heard and considered the same doth assess the plaintiffs damage sustained by reason of the premises in the petition mentioned at the sum of two hundred and twenty two dollars and thirty one cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid as assessed and also his costs herein expended and have execution therefor.
**James C Mcneil Guardian of Emma Proter vs 136 Robert W McClure**
On Contract.
Now at this day comes the plaintiff, by his attorney and waiving a Jury, submits this cause to the Court and the Court having duly heard and considered the same doth assess the plaintiffs damage at the sum of two hundred and twenty two dollars and twenty four cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid as assessed and also his costs herein expended and have execution therefor.
**John C Potter, Jr, Lewis W Nute, Franklin B White, and James C Bayley vs 52 John McDowell**
On Plea in Abatement.
Now at this day come the parties, by their respect tive attorneys, and thereupon come also a Jury to wit; J C Catlin, Ins Mersman, J A Krueger, H S Carson, George Coming, P Ewald, P Lomert, J Bobinger, S Decker, James Wasson, Peter Parle and Patrick Scully, twelve good and lawful men, who being duly elected tried and sworn the matters in controversy upon the Plea in Abatement well and truly to try the trial progressed but not being finished at the hour of adjournment further proceedings are laid over until to morrow morning.
**Francis Hatter vs 341 William Hatter**
Now at this day comes the defendant, by Samuel T Ballard his attorney, and enters his appearance to this action.
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**Viewer Page 211** (rcdbook1858_28_0210.jpg)
> Handwritten Page Number on Record Book: 207
Court met pursuant adjournment. Present as before.
**James K Fisher vs R J Tunstall**
Depositions for plaintiff and defendant opened and filed.
**John Barnhurst vs 133 Virginia Barnhurst formerly Virginia Green**
Default.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the attor for the plaintiff, it is ordered by the Court that the petition herein be taken against her as confessed.
**Isabella Irwin vs 37 Atchison Irwin**
Decree of Divorce. Alimony allowed.
Now at this day comes the plaintiff, by her attorney, and thereupon the Court proceeds to hear the proof herein, and having duly heard and considered the same and being satisfied therefrom that the plaintiff is an innocent and injured party, it doth order, adjudge and decree that she be absolutely and forever divorced from the bonds of matrimony by her contrac ted with the defendant and be restored to all the rights and privileges of an unmarried person. And it appearing to the Court that the defendant from his habits and course of life is an unsuitable person to have the care and control of the child Isabella, mentioned in the petition, who is of tender years, it is ordered adjudged and decreed that the plaintiff here the care, custody and control of the infant child aforesaid, and that the said defendant be restrained and enjoined from interfering with the plaintiff in this behalf until the further order of this Court. And it is further ordered that the defendant pay the plaintiff the sum of Eighty dollars per annum payable quarterly in equal instalments on the first day of January, April, July and October in each and every year, during the natural life of the said plaintiff or until the further order of this Court commencing on the first day of January eighteen hundred and fifty nine, and that the defendant give security for the payment of the said sum of Eighty dollars per annum payable given to pay the said several sums or either of them at the times the same may fall due as above directed, that the plaintiff have leave 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 defendant, or by such other law ful ways and means as may be according to the practice of this Court and to the statute in such case made and provided. And it is further ordered by the Court that the plaintiff recover of the defendant the sum of fifty dollars for her main tenance and support during the pendency of this suit together with her costs herein expended and have execution therefor.
**Stephen Haaskell et al vs 421 William Forsyth, Cornelius D Sullivan, and Jeremiah T Sullivan**
Now at this day come plaintiffs by their attorney, and on their motion it is ordered by the Court that this cause be dismissed to William Forsythe and Jeremiah T Sullivan. Amended petition filed by leave of Court.
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**Viewer Page 212** (rcdbook1858_28_0211.jpg)
> Handwritten Page Number on Record Book: 208
**Eugene Jaccard, Augustus Mermod and D Constant Jaccard vs 21 William C Anderson**
On note.
Now at this day come the parties by their respective attorney, and waiving a Jury, submit this cause to the Court and the Court doth find from the pleadings and proofs that the defendant is indebted to the plaintiffs in the sum of ten hundred and ninety four dollars. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid as found and also their costs herein expended and have execution thereofor. Motion for a new trial and motion in arrest of judgment filed.
**John C Potter, Jr, Lewis W Nute, Franklin B White and James C Bayleyvs 52 John McDowell**
On Plea in Abatement.
Now at this day come again the parties by their respective attorney, and also the Jury empannelled and sworn herein, and thereupon the trial of this cause progressed, but not being finished at the hour of adjournment further proceedings herein are laid over until to morrow morning.
Court met pursuant to adjournment. Present as before.
**Samuel Hamilton vs Felix Christopher et al**
Depositions for Defendants Opened and filed.
**Felix Coste et al vs 265 The City of St Louis et al**
Amended petition filed by leave of Court.
**Jane Foster administrator vs 90 Legrand F Rucker Executor**
Motion for new trial filed.
**Joseph Farnsworth vs Terre Haute Alton and St Louis R R Co**
Motion for Execution filed
**Linus Jackson vs 726 Lyman Sherwood**
Alias Summons and attachment ordered.
**Charles Fink vs 149 Albert Billings**
Motion to strike out parts of answer filed.
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**Viewer Page 213** (rcdbook1858_28_0212.jpg)
> Handwritten Page Number on Record Book: 209
**John S Thompson, William White, and Hiram A Pryor vs 9 John Nevison**
In the matter of said plaintiffs against James Castello, late Sheriff of the County of Saint Louis. Upon reading the rule made in this cause on the sixth instant, and no cause being shown to the contrary on motion of the attorney for the plaintiffs, It is ordered that the said James Castello, late Sheriff of the County of St Louis, do forthwith pay over to the said plaintiffs, or to Alexander Hamilton, their attorney of record in this cause, out of the proceeds arising from the sale of the property attached in this cause, and in his hands, the sum of thirteen hundred and sixty eight dollars and eighty one cents, being the amount of the Judgment recovered by said plaintiffs against the defendant, John Nevison on the nineteenth day of October last past together with interest thereon and costs.
**Charles Spec K et al vs 142 Peter Geis**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiffs and that execution issue therefor.
**The Liberty Insurance Company vs 128 John Triplett et al**
Continued by consent.
**Richard Hanenkamp and William B Hynes vs 10 John Nevison**
In the matter of said plaintiffs, against James Castello, late Sheriff of the County of Saint Louis.
Upon reading the rule made in this cause on the Sixth instant, and no cause being shown to the contrary on motion of the attorney for the plaintiffs, It is ordered that the said James Castello, late Sheriff of the County of St Louis, do forthwith pay over to the said plaintiffs, or to Alexander Hamilton, their attorney of record in this cause, out of the proceeds arising from the sale of the property attached in this cause, and in his hands the sum of Seven hundred and seventy three and thirty six cents, being the amount of the Judgment recovered by said plaintiffs against the defendant, John Nevison on the nineteenth day of October last past together with interest damages and costs.
**John C Pather, Jr, Lewis W Nute, Franklin B White and James C Bayley vs 52 John McDowell**
On Plea in Abatement.
Now at this day come again the parties, by their respective attorneys, and also the Jury empannelled and sworn herein and thereupon the trial of this cause progressed but not being finished at the hour of adjournment further procee dings herein are laid over until to morrow morning.
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**Viewer Page 214** (rcdbook1858_28_0213.jpg)
> Handwritten Page Number on Record Book: 210
Court met pursuant to adjournment. Present as before.
**George Dominick vs Frederick W Hackman et al**
Answer and Offset filed.
**John H Thaler vs 289 Wilhelm Sinisheuser**
Motion to set aside dismissal and affidavit of John W Sharp in support thereof filed.
**A R McNair et al vs Thomas McAdams et al**
Answer of McAdams filed.
**A R McNair et al vs 273 Caroline C Rustin et al**
Answer of John W Burd filed.
**A R McNair et al vs 272 Philip Klein et al**
Separate Answers of Frederick [Blessing ?] and of Christian Roselius filed.
**Stephen Haskell et al vs 421 C D Sullivan**
Demurrer to amended petition filed.
**Alexander Denniston et al vs 166 Cornelius D Sullivan et al**
Affidavit for continuance filed.
**James O Ather vs D J Hancock**
Depositions for plaintiff opened and filed.
**Maria L Brooks vs D J Hancock**
Depositions for plaintiff opened and filed.
**Henry Overstolz et al vs 647 Abraham Depew**
It appearing to the Court that the default taken herein is erregular, therefore, on motion of the plaintiffs, by their attorney, it is ordered that the same be set aside and that an alias Writ of attachment and summons issue herein, returnable to the next time of this Court.
**George G Presbury et al vs 406 Joseph L Papin et al**
Assignment of Judgment to Samuel A Bennett filed.
**Vincent Boisanbin vs 73 William G Miller**
Motion for appointment of Receiver with drawn, Leave is given the plaintiff to file an amended petition.
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**Viewer Page 215** (rcdbook1858_28_0214.jpg)
> Handwritten Page Number on Record Book: 211
**Hermann Boker, Hermann A Schleicher & Hermann Frincke vs 572 John H Hall & Clark J Morton**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of Nine hundred and eighty four dollars and sixty five cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid as found and also their costs and charges in this behalf expended and have execution therefor.
**Ferdinand A Reuss and Constanz J Peipers vs 130 Philip D Gordon, James H Gordon, and S B Wilson**
On note.
Now at this day come the plaintiffs by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the attorney for the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of Nine hundred and ninety four dollars and eighty two cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**Humann W Brockelmann vs 570 Gerhard Bensberg and Otto Igel**
On note.
Now at this day comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Otto Igel, but the defendant Bensberg, although duly summoned and called, come not but makes default, wherefore, on motion of the attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the said defendant is indebted to the plaintiff in the sum of three hundred and forty four dollars and nine cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant, Bensberg, the sum aforesaid as found and also his costs herein expended and have execution therefor.
**Gottieb Lribke vs 889 Charles H Schrage, Christian Liebke, and Christian E Letzig**
Confession of Judgment.
Now at this day come the defendants and file a statement in writing, duly verified by affidavit, whereby they confess themselves indebted to the plaintiff in the sum of Six thousand six hundred and thirteen dollars and ninety two cents and consent that judgment may be rendered against them for that amount. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid as confessed, and also his costs herein expended and have execution therefor.
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**Viewer Page 216** (rcdbook1858_28_0215.jpg)
> Handwritten Page Number on Record Book: 212
**Henry F Turner vs 244 Joseph Davis**
On note.
Now at this day comes the plaintiff, by his attorney and thereupon comes also the defendant by his attorney and withdraws his answer herein, whereby this suit remains undefended, wherefore on motion of the attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against the said defendant as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and fifty six dollars and fifty four cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid as found and also his costs herein expended and have execution therefor.
**Edward K Tryon vs 153 Samuel L Moses and Julius L Moses**
On note.
Now at this day come the parties by their respective attorneys and the defendant withdraws their answer herein leaving this suit undefended, wherefore, on motion of the attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against the said defendants as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of One hundred and ninety one dollars and fifty four cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as found and also his costs herein expended and have execution therefor.
**Charles Hayward and Jonathan R Briggs vs 148 Samuel L Moses and Julius L Moses**
On note.
Now at this day come the plaintiffs, by their attorney, and thereupon come also the defendants, by their attorney and withdraw their answer herein, leaving this suit undefended, wherefore, on motion of the attorney for the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of One hundred and seventy five dollars and fifty five cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid as found and also their costs herein expended and have execution therefor.
**John Wolff and John J Hoppe vs 192 Elias Marcus**
On account.
Now at this day come the plaintiffs, by their attorney, and waiving a Jury submit this cause to the Court upon the petition and proofs and the Court having duly heard and considered the same doth assess the plaintiffs Damages sustained by reason of the premises in the petition mentioned at the sum of two hundred and eleven dollars and seventy eight 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 also their costs herein expend and have execution therefor.
**George Pomeroy et al vs 328 Joshua W Alexander et al**
The Court duly heard and considered the motion to strike out the amended answer of Renick and Peterson doth overrule the same.
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**Viewer Page 217** (rcdbook1858_28_0216.jpg)
> Handwritten Page Number on Record Book: 213
**Michael Murphy vs 844 Sands E Sellick garns of Campbell et al**
Garnishee discharged.
It appearing to the Court from the answer of the garnishee that he is not indebted to the defendant in any sum whatever, it is therefore ordered that the said garnishee be discharged at the costs of the said plaintiff and that execution issue therefor.
**Henry Ames et al vs 104 Jacob Ensminger et al**
Continued as on affidavit at defendants costs.
**Armelder F Pack vs 15 Francis Hudson**
Appointment of Receiver.
**Dennis Murphy vs 189 Ellen Murphy**
Decree of Divorce.
Now at this day comes the plaintiffs, by his attorney, but the defendant although duly summoned and called, comes not but makes default, wherefore, on motion of the attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against her as confessed; and the Court, after hearing the proof herein, being satisfied that the plaintiff is an innocent and injured party, doth order adjudge and decree that he be absolutely and forever divorced from the bonds of matrimony by him contracted with the said defendant and be restored to all rights and privileges for an unmarried person. It is further ordered that the plaintiff pay the costs herein and that execution issue therefor.
**De Witt C Sandford and James C Crane vs 15 John Nevison**
In the matter Sandford and Crane against James Castello late Sheriff of the County of St Louis.
Upon reading the affidavit of Robert S Voorhis, attorney for the plaintiffs, and hearing the counsel of both parties, It is ordered that the said James Castello late Sheriff of the County of St Louis, shall on the twentieth instant pay over to the said plaintiffs, or their attorney of record, out of the proceeds arising from the sale of the property, attached in this cause, the amount of the judgment recovered by said plaintiffs against said defendant, at the present term of this Court, with interest damages and costs, or that on said day the said James Castello show cause to the contrary.
**Juluis E Walsheid vs 195 Levi North**
Judgments. Replevin.
Now at this day comes the plaintiff, by his attorney, and waiving a Jury, submit this cause to the Court upon the petition and and proofs, and the Court doth find from the petition and proofs that the plaintiff is the owner of the property mentioned in the petition and doth assess his damages for the unlawful detention o the same at the sum afore
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cent. It is therefore considered by the Court that the plaintiff retain the possession of the said property and that he recover of the said defendant the sum aforesaid as assessed, and also his costs herein expended and have execution therefor.
**Maria Louisa Betts vs 193 Levi North**
Judgment. Replevin.
Now at this day comes the plaintiff, by her attorney and waiving a Jury, submits this cause to the Court and the Court having duly heard and considered the same doth find that the plaintiff is the owner of the property mentioned in the petition and doth assess her damages sustained by reason of the unlawful detention there of at the sum of One cent. It is therefore considered by the Court that the plaintiff retain the possession of the property aforesaid and that she recover of the said defendant the sum aforesaid in form aforesaid as assessed and also her costs herein expended and have execution therefor.
**Henry Schluter vs 397 Adam Ehrgottsen and Emille B Krausse**
On note.
Now at this day comes the plaintiff, by his attorney and dismisses this suit as to the defendant, Ehrgottsen, but the defendant, Krausse, although duly notified and called, comes not, whereupon the plaintiff, waiving a Jury, submits this cause to the Court upon the petition and answer, and the Court doth find therefrom that the defendant, Krausse, is indebted to the plaintiff in the sum of One hundred and fifty six dollars and thirty two cents. It is therefore considered by the Court that the plaintiff recover of the said defendant the sum aforesaid as found and also his costs herein expended and have execution therefor.
**Cortez Crocker vs 319 Eleazer Sherman**
On note.
Now at this day comes the plaintiff and also the defendant by their respective attorney, and the plaintiff orally moves the Court to strike out the answer of the defendant and the Court having duly heard and considered the said motion and being thereof fully advised doth order that the same be sustained; and the defendant failing further to plead herein, it is therefore on motion of the attorney for the plaintiff, ordered that the petition herein be taken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of ten hundred and ninety two dollars and nine cents. It is therefore considerd by the Court that the said plaintiff recover of the said defendant the sum aforesaid as found and his costs herein expended and have execution therefor.
Judgment to bear interest at the rate of ten per cent per annum from this date till paid.
**John C Potter, Jr Lewis W Nute, Franklin B White and James C Bayley vs 52 John McDowell**
On Plea in abatement.
Now at this day come the parties, by their respective attourneys, and also the Jury empannelled and sworn herein, and thereupon the trial progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the defendant. It is therefore considered by the Court that the defendant had not, at the commencement of this suit, fraudulently conveyed or assigned his property or effects so as to hinder or delay his creditons; wherefore, it is ordered by the Court that this suit be dismissed and that the defendant go hence without day and recover of the plaintiff his costs herein expended and hence execution therefor.
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Court met pursuant to adjournment. Present as before.
**Wilson King vs 312 Ohio and Mississippi Rail Road Company et al**
Amended Answer of J H Alexander filed by leave of Court.
**Liberty Ins Co vs 128 Triplett and Sells**
Motion to suppress depositions filed.
**William L Erving et al vs Robert Reilly et al**
Depositions for the plaintiffs delivered by Notary and filed.
**John C Potter et al vs 52 John McDowell**
Motion for new trial filed.
**Armelder F Pack vs 15 Francis Hudson**
William B Watson, receiver, files a bond in the sum of Six thousand dollars with Jesse Arnot, as security, which bond is approved by the Court.
**St Bt W M Morrison vs 290 Brown Goddin and Company**
Motion to strike out parts of petition filed.
**James Delaney vs 161 James P Langford et al**
Agreement filed and cause continued, as per agreement, as upon the affidavit of defendants at their costs.
**Thomas C Fletcher vs 230 Nehemiah Holmes**
Continued by consent at plaintiffs costs.
**Elizabeth Steele vs 251 Henry J Steele**
Continued as on affidavit at defendants costs.
**Thomas L Snead vs 547 The Bank of the State of Missouri**
On motion leave is given the plaintiff to amend his petition herein.
**Sophia Rosenthal vs 248 Joseph Rosenthal**
Proof of Pub. Default.
Now at this day comes the plaintiff by her attorney, and files proof satisfactory to the Court that the order of publication heretofore made herein has been duly published according to law;
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but the defendant although duly warned and called, comes not but makes default, wherefore, on motion of the attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed.
**James H Eddy vs 223 Benjamin F Beasley**
On note.
Now at this day come the parties, by their respective attorneys,and the defendant withdraws his answer herein, whereby this action remains undefended, wherefore, on motion of the attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against the said defendant ad confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and sixty two dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**James C McNeil vs 37 Robert W McClure**
On contract.
Now at this day comes the plaintiff by his attorney, and waiving a Jury submit this cause to the Court upon the petition and proofs and the Court having duly heard and considered the same doth assess the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of One hundred and four dollars and fifty seven cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum of aforesaid as assessed and also his costs herein expended and have execution therefore.
**Samuel L Bolton vs 40 William K Wilson, Xavier Dugal, and Francis H Dependahl**
On note.
Now at this day come the plaintiff and the defendant, William K Wilson, by their respective attorneys and thereupon come also a Jury, to wit; Jacob Frichell, F Bichoff, David Naylor, H HirKnir, Charles Ensler, John Stumpf, Frederick Miller, Edward Bicking, John Roper, Thomas McCabe, Louis Smith, and S H Robbins, twelve good and lawful men who being duly elected, tried, and sworn the issues herein joined well and truly to try the trail progressed and being finished the Jury retire to consider of their verdict.
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Court met pursuant to adjournment. Present as before.
**Nathaniel W Floyd no 197 Jesse Dean et al**
continued by consent.
**Edward D Hill no 64 James Castello**
Continued by consent.
**A S Thomas no 129 John Gonzales**
Continued by consent at plaintiffs costs.
**Joel W Norcross et al no 178 Henry Hudson**
Continued as on affidavit at plaintiffs costs.
**The State of Missouri to the use of William W Haydon no 231 Irwin Z Smith et al**
Continued as on affidavit at defendants costs.
**The State of Missouri to the use of William W Haydon no 232 Irwin Z Smith et al**
Continued as on affidavit at defendants costs.
**The State of Missouri to the use of William W Haydon no 246 Joel W Norcross et al**
Continued as on affidavit at defendants costs.
**Wilson King no 312 Ohio and Mississippi Rail Road Co et al**
Affidavit of endorsement on notes filed.
Edward A Bates, is on motion of Sandford R Kellogg, admitted and enrolled as a member of this Bar.
**William Brownoonio**
on motion of a A Bakewell, admitted and enrolled as a member of this Bar.
**David Daniels vs William Solcoth and Robert McDonald**
Satisfaction.
Plaintiff comes and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the twenty seventh day of May eighteen hundred and fifty eight for the sum of Six hundred and sixty seven dollars and seventy seven cents.
**Thomas S Page no 387 Albert Becker**
Copy of Order for production of papers and Sheriffs return on same filed.
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**Jacob H Eimer et al no 22 William Beste and Felix Grima**
Proof of Publication.
Now at this day come the plaintiffs by their attorney, and files proof satisfactory to the Court that the Order of Publication made herein has been duly published according to law.
**De Witt C Sandford et al no 15 John Nevison**
Notice of application to pay over money filed.
**Charles Fink no 149 Albert Billings et al**
Motion to file depositions in case of Billings versus Fink filed.
**St Bt Wm M Morrison no 290 Brown Goddin and Co**
Depositions for plaintiff filed.
**Samuel L Bolton no 40 William K Wilson, Xavier Dugal and Francis H Defendant**
On note.
Now at this day come again the parties by their respective attorney and also the jury empanelled and sworn herein, and the Jury aforesaid upon their oaths aforesaid return the following verdict, to wit: "We the jury find for the plaintiff in the sum of five hundred and forty two dollars and seventy cents and find against the defendant as to his counterclaim. Starles Enslin, foreman." It is therefore considered by the Court that the said plaintiff recover of the defendants the sum aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**Ebenezer Higgins et al no 34 Cushman Caldwell**
Proof of Publication.
Now at this day come the plaintiffs, by their attorney, and file proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
**Wayman Craw et al no 123. Herman S Allen et al**
Proof of Publication.
Now at this day come the plaintiffs, by their attorney and file proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
**Wayman Craw et al no 124 Herman S allen et al**
Proof of Publication.
Now at this day come the plaintiffs, by their attorney, and file proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
**William C Booth no 210 Claudies B Lassall**
Proof of Publication.
Now at this day come the plaintiffs, by his attorney and files proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
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**Elizabeth Bailey no 245 John H Bailey**
Decree of Divorce.
Now at this day comes the plaintiff, by her attorneys and files a request to have her maiden name restored to her, and, on motion of said plaintiff, by her attorneys and the defendant having heretofore made default, the Court proceeds to hear the proof herein, and having duly heard and considered the same, and being satisfied therefrom of the good conduct of the plaintiff, and that the plaintiff is in an innocent and injured party, doth order adjudge and decree that she be absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant, and be restored to all the rights and privileges of an unmarried person and that her maiden name of Elizabeth Grimes be restored to her and be deemed and taken as her only true and lawful name. It is further ordered that the defendant pay the costs herein and that execution issue therefor.
**Bernard Smith no 56 William H Roberts**
Now at this day come the parties, by their respective attorneys, and waiving a jury, submit this cause to the Court thereupon the trial of this cause commenced and after some progress therein the plaintiff says he will not further prosecute this suit. It is therefore considered by the Court that the said plaintiff take nothing by his suit herein, but that the defendant go hence without day and recover of the said plaintiff his costs herein expended and have execution therefor.
**The State of Missouri to the use of Charles Fink no 115. Albert Billings George W Billings, and Charles B Hubbell**
On Bond.
Now at this day come the parties, by their respective attorneys and thereupon come also a Jury to wit: J F gray, john Brod, August Gaste, Meyer Deter, j Hatton, Jacob Wather, R M Hubbard, Thomas Carey, J C Marshall, August Twillman, Anton Tafort, and John Corkery, 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 after some progress the plaintiff, by leave of Court, amends his petition, by striking out, on the third page thereof, the words, "and also by the loss of time and being thrown out of employment," and thereupon the trial further progressed and being finished the Jury retire to consider of their verdict.
**Bartholomew Dassgalupo. no 150 Dominick Fopann**
Now at this day comes the plaintiff, by his attorney and waiving a jury submits this cause to the Court upon the petition and proofs, and the Court having duly heard and considered the same doth assess the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of two hundred and five dollars and sixty six cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as aforeside and also his costs herein expended and have execution therefor.
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Court met pursuant to adjournment. Present as before.
**Elias Lyon no 152 Moses Cohn**
Continued by order of Court.
**James Hart no 388 Jesse Arnot et al**
Motion to dismiss suit filed.
**Samuel Guillarme et al vs Morris Rosenheim et al**
Depositions for the plaintiffs opened and filed.
**Francis Cottinet et al vs Morris Rosenheim et al**
Depositions for the plaintiffs opened and filed.
**John H Thaler no 289 William Sinishenser**
By consent of parties it is ordered by the Court that the dismissal of this cause be set aside and for naught held. The plaintiff withdraws his motion to set aside the dismissal.
**Elisha W Brown, Archibald C Goddin, Barton S Wilson, James J Johnson and John P Hopkins vs Thomas M Barron and Michael S Cerre**
Order for Delivery.
The plaintiffs come and file a petition and affidavit according to law, claiming the possession of certain personal property therein described; wherefore it is ordered that the defendants deliver the property specified in said petition to the Coroner of St Louis County, and said Coroner is hereby directed, if said property be not delivered to him to take it from the defendants and deliver it to the plaintiffs.
**William C Jones vs Bernhard Nidas**
Confession of Judgment.
Now at this day comes the defendant and files a statement in writing duly verified by affidavit, whereby he confesses himself indebted to the plaintiff in the sum of two hundred and fifty dollars. and consents that judgment may be rendered against him for that amounts. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid as confessed and also his costs herein expended and have execution therefor.
**John H Tighe and Thomas Fox no 293. Joseph Toomer**
On account.
Now at this day comes the plaintiffs, by their attorney, but their attorney, but the defendant, although duly notified and called comes not but makes default, wherefore, on motion of the plaintiffs attorney it is ordered by the Court that the petition herein be taken against him as confessed: and the plaintiffs, waiving a Jury, submit this cause to the Court upon the petition and proofs, and the Court having duly heard and considered the same doth assess the damages sustained by the plaintiffs by reason of the premises mentioned in their petition at the sum of one hundred and sixty two dollars and ninety 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.
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**John Hoffman no 475 Henry Boernstein et al**
Leave is given the defendants to amend the answer herein by inserting the names "Henry and Augustus Boernstein" immediately after word "defendant" and before word "aver" on the second page of said answer, which amendment is according by made.
**William Sausser vs B F Cooper**
Petition on Judgments.
Now at this day comes the plaintiff, by his attorney, and waiving a Jury submits this cause to the Court upon the petition, exhibits and proofs and the Court having duly heard and considered the same, doth assess the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of Eleven hundred and seventy nine dollars and fourteen cents. It is therefore considered by the Court that the plaintiff recover of the said defendant the sum aforesaid as assessed and also his costs herein expended and have execution therefor.
**Andrew J Short no 286 John D Ludden**
On notes.
Now at this day come the parties by their respective attorneys, and the defendant withdraws his answer herein whereby this suit remains undefended, wherefore it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instruments of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of twenty six hundred and eight dollars and thirty six cents. It is therefore considered that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor. Judgment to bear interest at the rate of two percent per month from this date until paid.
**Joseph Maillot and John G Benson vs George W Hynson**
Confession of Judgment.
Now at this day comes the defendant and files a statement in writing duly verified by affidavit, whereby he confesses himself indebted to the plaintiffs in the sum of One hundred and thirty two dollars and fifty cents and consents that judgment may be rendered against him for that sum. It is therefore considered by the Count that the said plaintiffs recover of the said defendant the sum aforesaid as confessed and also his costs herein expended and have execution therefore.
**Elizabeth A Warren no 300 Alonzo L Warren**
Proof of Publication. Default.
Now at this day comes the plaintiff, by her attorney, and files proof satisfactory to the Court that the order of publication made herein has been duly published according to law, but the defendant although duly notified and called comes not but makes default; wherefore, on motion of the attorney for the plaintiff it is ordered by the Court that the petition herein be taken against him as confessed.
**Sophia Rosenthal no 248 Joseph Rosenthal**
Continued by order of Court.
John R Gillett vs Ezra O English et al: Continued by consent.
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**The State of Missouri to use of Charles Fink no 115 Albert Billings, George W Billings and Charles B Hubbell**
Now at this day come the parties, by their respective attorneys, and also the jury empannelled and sworn herein, and the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess the damages at the sum of One hundred dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid as assessed and also him costs herein expended and have execution therefor. Motion for a new trial filed by the plaintiff.
**James C Converse, William H Harding, Joseph H Gray, Edmund W Converse, and Nathan Day vs John M Dowell**
Trial on plea in abatement.
Now at this day come the parties by their respective attorneys and thereupon come also a Jury, to wit; Jacob Fritschell, F Bischoff, David Naylor, Charles Ensler, John Stumpf, Fredrick Miller, Edward Bicking, John Brod, Augustus Gaste, H Thare, J A Smithers, and Thomas Freaney, twelve good and lawful men who being duly elected tried and sworn the matter in controversy upon the plea in abatement well and truly to try the trial progressed but not being finished further proceedings are laid over until tomorrow morning.
**Simon Meyberg no 96 Bernhard Midas et al**
Answer filed by leave of Court.
Court met pursuant to adjournment. Present as before.
**George Domnick no 362 Frederick W Hackman etal**
Reply to Offset filed.
**Robert McDonald no 463 Allison Stickney**
answer and Counter claim filed by consent.
**Justus Terrteberg no 679 Harris Newman**
Amended petition filed.
**Samuel L Bolton vs William K Wilson et al**
Motion for new trial filed.
**William H Wickersham vs Mary E Wickersham**
Deposition for plaintiff opened and filed
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**The Actua Ins Co no 191 William H Kidd et al**
Continued by order of Court.
**Charles F Meyer et al no 235. The Citizens Savings Inst**
Continued by consent.
**The State of Missouri to the use of Isaac W Mitchell no 303. Frederick W Meister et al**
Continued by consent of parties.
**The Citizens Savings Institution no 318 Charles Meyers et al**
Continued by consent of parties.
**Charles Fink no 149 George W Billings et al**
Deposition for defendants opened and filed.
**John Barnhurst no 133. Virginia Barnhurst**
Amended petition filed.
**Joel D Smith et al no 630 John J Mitchell et al**
agreement filed and twenty days additional time given to answer by consent.
**John H Thaler no 289 Wilhelm Sinisheuser**
By consent of parties plaintiff gives Adam Hindricker as additional security on the attachment bond herein.
**Samuel Kirkman and John W Luke vs Samuel K Hall**
Confession of Judgment. Now at this day comes the defendant and files a statement in writing duly verified by affidavit, whereby he confesses himself indebted to the plaintiff in the sum of five hundred and seventy five dollars, and consents that judgment may 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 as confessed and also his costs herein expended and have execution therefor.
**Eleazer Sherman vs David Caughlan and Nathaniel Constable**
Order for Delivery.
The plaintiff comes and files a petition and affidavit according the law claiming the possession of certain personal property therein described; wherefore, it is ordered that the defendants deliver the property specified in said petition to the Sheriff of St Louis Country, and said Sheriff is hereby directed if said property be not delivered to him to take it from the defendants and deliver it to the plaintiff.
**Felix Coste et al no 265 The City of St Louis et al**
Now at this day comes the attorney for the plaintiff and suggests to the Court the death of Caspar Kraeling, one of
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the plaintiff herein since the commencement of this suit, and the Court being satisfied of the decease of said Kracling, it is ordered that this suit proceed in the name of the other and surviving plaintiffs. Demurrer filed by City to amended petition. Answer of O D Filley to petition withdrawn by leave of Court.
**James C Converse William H Harding Joseph H Gray, Edmund W Converse, and Nathan Day vs John McDowell**
On plea in abatement.
Now at this day come again the parties by their respective attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial progressed but not being finished further proceedings herein are laid over until Monday morning.
Court met pursuant to adjournment. Present as before.
**Benjamin G Owens**
is, on motion of Samuel H Gardner, admitted and enrolled as a member of this Bar.
**Charles Mick no 208 Alexander Guenandon et al**
Continued by consent.
**James G Human et al vs Henry J Cuniffe et al**
Depositions for plaintiffs opened and filed.
**Wayman Crow et al no 614 Conrad Weith**
Dismissal.
On motion of the plaintiff by their attorney, it is ordered that this suit be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Solomon Smith no 299 Alfred M Waterman et al**
Answer of Waterman filed.
**James C Page no 306 Alfred M Waterman et al**
Answer of Waterman filed
**Isaac W Mitchell no 304 Alfred M Waterman**
answer of Waterman filed.
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> Handwritten Page Number on Record Book: 225
**Charles R Anderson vs Charles D Colman et al garn.**
Claim of John D Cooper as assignee of Gings filed.
**John W Thornburgh no 746 Edward Dobyns**
On account.
Now at this day comes the plaintiff by his attorney and it appearing to the Court that the defendant has failed to answer the amended petition herein, it is therefore on motion of the attorney for the plaintiff, ordered that the said amended petition be taken against him 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 assess the plaintiff damages sustained by reason of the premises in said amended petition mentioned at the sum of two hundred and sixty three dollars and seventy five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid as assessed and also his costs herein expended and have execution therefor.
**James C Converse, William H Harding, Joseph H Gray, Edmund W Converse, and Nathan Day no 131 John McDowell**
On Plea in abatement. Now at this day come the again the parties by their respective attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial progressed but not being finished further proceedings are continued until tomorrow morning.
Court met pursuant to adjournment. Present as before.
**Leverett Bell**
is, on motion of William R Biddlecome, enrolled as a member of this Bar
**Thomas B Robertson no 211 William Carson**
amended answer filed.
**A R McNair et al vs Michael Lott et al**
answer of Louis a La Beaume filed.
**North and Scott vs Daniel D Page et al**
Pluries Summons ordered for Henry D Bacon and cause continued.
**Joseph Seal no 259 Lucy Ann Seal**
Continued.
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**Morris Plahto no 202 Albert Jacoby and Jeannette Jacoby**
Order of Publication.
The Sheriff having made return that the defendants Albert Jacoby cannot be found, and the Court being satisfied that process cannot be served upon him, therefore, on motion of plaintiff attorneys, it is ordered that he be notified that a civil action has been commenced against the defendants for the sum of one thousand and eighty two dollars and thirteen cents for money advanced to them by the plaintiff, and unless he be and appear at the next term of this Court, to be holder at the City of St Louis, within and for the County of St Louis on the fourth Monday of February next and on or before the Sixth day thereof answer the plaintiff petition, the same will be taken against him as confessed. It is further ordered that a copy hereof be published according to law in the Missouri Republication a newspaper pointed and published and published in the City of St Louis. cause continued.
**Samuel N Holliday as administrator of mason converse deceased. no 348 Phebe Bassett**
Order of Publication.
The Sheriff having made return that the defendant cannot be found and the Court being satisfied that process cannot be served upon her, therefore, on motion of plaintiff attorney, it to ordered by the Court that she be notified that a civil action has been commenced against her to recover the possession of two negro slaves Harriet and Isabel, or to recover their value, to wit seven hundred dollars; and also to recover the sum of one hundred dollars damages, and that unless. She be and appear at the next term of this Court to be begun and held at the City of St Louis within and for the County of St Louis on the fourth Monday of February next and on or before the sixth day thereof answer the plaintiff petition the same will be taken against her as confessed. It is further ordered that a copy hereof be published according to law in the Missouri Democrat a newspaper printed and published in the City of St Louis.
**Samuel L M Barlow no 453 Joseph Oglesby et al**
Alias Summons ordered for John H Oglesby.
**Lucian H Fuller vs George Smizer**
Order for Delivery.
The plaintiff comes and files a petition and affidavit according to law claiming the possession of certain personal property therein described; wherefore it is ordered that the defendant deliver the property specified in said petition to the Sheriff of St Louis County, and said Sheriff is hereby directed, if said property be not delivered to him to take from the defendant and deliver it to the plaintiff.
**James C Converse, William H Harding, Joseph H Gray, Edmund W Converse, and Nathan Day vs John McDowell**
On Plea in abatement.
Now at this day come again the parties, by their respective attorneys, and also the Jury empannelled and sworn herein, and thereupon the trial progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the defendant. It is therefore considered by the court that the defendant had not fraudulently conveyed or assigned his property or effects, at the commencement of this suit, so as to
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hinder or delay his creditors; wherefore it is ordered by the Court that the said defendant go hence without day and recover of the said plaintiffs his costs herein expended and have execution therefor.
**James Woods et al no 217 Reuben Harrington**
Continued by consent of parties.
**Alexander Dennistown et al no 166 Cornelius D Sullivan et al**
Continued on affidavit at defendants costs.
**John J Andrews no 159 James J Lampton**
On note.
Now at this day come the parties by their respective attorneys, and the defendant withdraws his answer herein leaving this suit undefended, wherefore on motion of the attorney for the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and ten dollars and seventy three cents and on third of a cent. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**Robert Dowthett no 503. Alonzo Cutter, Henry J Darrah, Chester W Pomeroy and Frederick Shelly**
On note. Final judgment.
Now at this day comes the plaintiff, by his attorney and dismisses this suit as to the defendant, Shelly; and the Court finds from the instrument of writing on which this action is founded that the defendants Cutter, Darrah and Pomeroy are indebted to the plaintiff in the sum of three hundred dollars and sixty 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 also his costs herein expended and have execution therefor. By leave of Court the plaintiff withdraws the note sued on and files a copy thereof.
**Frederick Lauman no 41 Charlotte Lay Executrix of John Lay**
Appeal from Probate Court.
Now at this day comes the plaintiff by his attorney, but the defendant although duly called comes not, wherefore on motion of the plaintiff, by his attorney, it is ordered by the Court that the judgment of the St Louis Probate Court be and the same is hereby affirmed. It is therefore considered by the Court that the plaintiff recover of the estate of the said John Lay in the hands of his Executrix Charlotte Lay the sum of One hundred and fourteen dollars and eighty five cents, being the amount of the judgment of the Probate Court and also his costs herein expended; and it is further ordered that the foregoing judgment be certified to the Probate Court of St Louis County.
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Court met pursuant to adjournment. Present as before.
**George G Presbury no 740 Marcus A Wolf**
amended petition filed.
**Felix Coste et al no 265 The City of St Louis et al**
Separate answer of George W Sherrick to amended petition filed.
**Ohio and Mississippi Rail Road Company vs William M McPherson**
Now at this day comes the plaintiff, by its attorney, and files a petition; thereupon comes the defendant by his attorney and waiving the issue and service of process, enters his appearance to this action; wherefore it is ordered by the Court that this cause be docketed as of this term answer filed.
**Charles Fink no 149 Albert Billings and George W Billings**
The Court having duly heard and considered the motion to file in this cause the Depositions taken in the case of Billings against Fink and being thereof fully advised doth sustain the said motion; and the Court having also duly heard and considered the motion to strike out parts of the defendants answer and being thereof fully advised doth order that the said motion be sustained. The defendants file a Bill of Exceptions. Depositions in the case of Billings against filed.
**James C Converse et al no 131 John McDowell**
motion for a new trial filed.
**In the matter of the assignment of John H Fisher**
Now at this day comes Henry N Hart, the assignee herein, and on his motion it is ordered that the order of sale heretofore made herein be so changed and amended as to direct the said assignee to proceed, after the expiration of thirty days from the date upon which said order of sale was made, to sell the goods wares and merchandise to him assigned, at publication to the highest and best bidder, upon the following terms, to wit: all sales for sums of two hundred and fifty dollars and under to be cash sales, and on all sales made for sums above two hundred and fifty dollars a credit of three months to be given, the purchaser giving a note with good and responsible endorser or endorsers to the satisfaction of the assignee.
**John Mcneil and John B Gray no 82 Bernhard Midas**
On Plea in abatement.
Now at this day come the parties by their respective attorneys, and thereupon come also a jury to wit: George Bokenkamp, Jacob Rubel, William Clarke, Chistopher Blager, J A Griffin, G Miller, Wm C Meyer, Henry
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Westerman, A Walsh, Thomas Brockner, M Gleason and Charles Brooks, twelve good and lawful men, who being duly elected tried and sworn the issues herein joined upon the plea in abatement well and truly to try the trial progressed and being finished the jury retire to consider of their verdict.
**Frederick Lauman no 41 Charlotte Lay Executrix of John Lay**
Appeal from Probate Court. Now at this day come the parties by their respective attorneys and, by their consent, it is ordered by the Court that the judgment rendered herein be set aside and for naught held: 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 for the plaintiff and assess his damages at the sum of One hundred and twelve dollars and twenty cents. It is therefore considered by the Court that the plaintiff recover of the estate of the said John Lay in the hands of his executrix, Charlotte Lay, the sum aforesaid in form aforesaid by the Court assessed and also his costs herein expended; and it is further ordered that the foregoing judgment be certified to the Probate Court of St Louis County.
**Wood W Mclamant no 236 John Todd and Edward G Atkinson**
On note.
Now at this day come the parties by their respective attorneys and waiving a Jury submit this cause to the Court upon the petition answer and proofs, and the Court having duly heard and considered the same doth find for the plaintiff and assess his damages at the sum of twelve hundred and eighty one dollars and seventy cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**Henry F Turner no 243 Hiney Lyon**
On note.
Now at this day come the parties by their respective attorneys, and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court doth find therefrom that the defendant is indebted to the plaintiff in the sum of two hundred and forty three dollars and twenty eight cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
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Court met pursuant to adjournment. Present as before.
**James O Connor and Hercules O Connor no 524 Samuel Gatry and John S Mclune**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiffs and that execution issue therefor. Leave is given the plaintiffs to withdraw Bill of Exchange.
**Louis H Abrams vs Marshall Ford**
Dedimus to Ohio for plaintiff.
**Thomas S Page no 337 Albert Becker**
Deed from Ward and Page and wives to A Becker filed.
**Peter Wiles and Daniel Horning vs Rudolph Bircher**
Order for Delivery.
The plaintiffs come and file 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 said 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.
**John Mcneil and John B Gray no 82 Bernhard Midas**
Mistrial. Jury discharged.
Now at this day come again the parties by their respective attorneys and also the Jury empannelled and sworn herein, and the Jury aforesaid upon their oaths aforesaid say they are unable to agree upon a verdict; wherefore it is ordered by the Court that the Jury aforesaid be discharged and that this cause be continued until the next term of this Court.
**The State Mutual Fire and Marine Insurance Company of Pennsylvania no 174 Daniel Weaver**
Now at this day come the parties 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 for the plaintiff and assess its damages sustained by reason of the premises in the petition mentioned at the sum of twelve hundred and fifty dollars and sixty cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as assessed and also its costs and charges herein expended and have execution therefor.
**Thomas R Robertson no 211 William Carson**
Continued by consent of parties.
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**Charles Fink no 149 Albert Billings and George Billings**
Now at this day come the parties by their respective attorneys and thereupon come also a Jury to wit: John Newcomb, N L handler, P L Simons, J W Bell, John Henry, M Little, J M Feldman, Henry Hug, H Chatelian, B B Burr, D R Roach and George Perrvis, twelve good and lawful men, who being duly elected tried and sworn the issues herein joined well and truly to try the trial progressed but not being finished further proceedings are laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Meshack H Carroll who is personally known to the Court, comes in open Court and acknowledges the execution of a deed of emancipation to his negro slave, name Henry, aged eighteen years, of a mulatto color, about five feet seven inches in heights.
Meshack H Carroll who is personally known to the Court, comes in open Court and acknowledges the execution of a deed of emancipation to his negro slave, name John, twenty two years of age, of a brown color about five feet seven and one half inches in height, has a mark under the right ear and stutters in his conversation.
Meshack H Carroll who is personally known to the Court, comes in open Court and acknowledges the execution of a Deed of emancipation to his negro slave, name Delia, twenty nine years of age, of a mulatto color, about five feet in height, and her son Andrew, ten years of age, of mulatto color.
Meshack H Carroll who is personally known to the Court, comes in open Court and acknowledges the execution of a Deed of Emancipation to the following named negro slaves, to wit: Evelina, twenty five years of age, of a light brown color, five feet three inches in height, and has a scar about an inch in length under the left jaw; and her son Frank seven years of age of a mulatto color.
Meshack H Carroll who is personally known to the Court, comes in open Court and acknowledges the execution of a Deed of Emancipation to his negro slaves, Maria, twenty four years of age, of a light brown color, about five feet three inches in height, and has a scar in her right ear, and her three children, Sophia, Eight years of age, of mulatto color, Emma, seven years of age, of mulatto color, and George, aged four years, of mulatto color.
Meshack H Carroll who is personally known to the Court, comes in open Court and acknowledges the execution of a deed of emancipation to his negro slave Bill or William, aged twenty four years, of a light brown color, about five feet seven inches in height, rather heavy made.
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Meshack H Carroll who is personally known to the Court, comes in Open Court and acknowledges the execution of a deed of emancipation to his negro slaves, Sophia aged forty five years, of black color, about five feet one inch in height, and crippled in two fingers of the right hand, and her three children, Emma aged about Sixteen years of mulatto color, angetine aged about fourteen years of mulatto color, and Caroline aged twelve years, of mulatto color.
J S Newhouse whose identity is proven by the testimony of A F W Webb and E Longuemare, two credible witnesses, in open Court acknowledges the execution of a deed of Emancipation to Mary Woodson, thirty two years of age, of dark copper color and of medium height.
**Person G Connor no 355 Benjamin H P Butler**
Order of Publication.
The Sheriff having made return that the defendant cannot be found, and the Court being satisfied that process cannot be served upon him, therefore on motion of plaintiffs attorney, it is Ordered-That he be notified that a civil action has been commenced against him for the seen of thirty nine hundred and sixty nine dollars and twenty four cents, founded on a note, and that his property has been attached, and unless he be and appear at the next term of this Court to be begun and held at the City of St Louis with in and for the County of St Louis on the fourth Monday of February next, and on or before the third day thereof answer the plaintiff petition, judgment will be 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 Saint Louis Evening News a newspaper printed and published in the City of Saint Louis.
**William F J Wright et al vs Howard F Christy et al**
Order of Publication as to Nelson and wife.
Now at this day comes the attorney for the complainants and suggests to the Court that since the order for scire facias to being in the widow and heir of William F Wright deceased, made at a former day, William J Wright, only heir at law of said William F Wright, has departed this life, leaving Emma F Wright, widow of William F Wright, his only heir at law and it being satisfactorily shown that the said Emma F has intermarried with Rensselaer R Nelson, and that they are non residents of the State of Missouri, it is on motion of said complainants attorney, ordered that they be notified that a suit is now pending in the St Louis Circuit Court, the object of which is to obtain a decree passing the title of certain land described in complainants bill from the heirs of Edmund J Christy, deceased, to the said complainants as heirs at law of Thomas Wright, deceased, and for other and general relief in the premises; 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 within and for the County of St Louis on the fourth Monday of February next and on or before the sixth day thereof answer the bill of complaint herein the same will be taken against them as confessed. It is further ordered that a copy hereof be published according to law in the Missouri Republican a newspaper printed and published in the City of St Louis.
**Anna Eliza Barnhurst vs Samuel Barnhurst**
Order of Publication.
Now at this day comes the plaintiff by her attorney, and files herein her petition and affidavit, from which it appears that the defendant is not a resident of the State of Missouri
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> Handwritten Page Number on Record Book: 233
wherefore, on motion it is ordered by the Court that the defendant be notified that a civil action has been commenced him in this Court, by the plaintiff, the object of which is to obtain a decree of divorce from the bonds of matrimony by her contracted with the defendant; and that unless he be and appear at the next term of this Court to be begun and held in the City of St Louis, within and for the County of St Louis on the fourth Monday of February next and on or before the sixth day of said term answer to the said action, the petition of said plaintiff will be taken against him as confessed. And it is further ordered that a copy hereof be published according to law in the St Louis Evening News a newspaper printed and published in the City of St Louis.
**Andrew J Short. no 847 Andrew Lorgan John H Sparr et al garnishees of John D Ludden**
Garnishment.
Now at this day come the plaintiff and the garnishees, Andrew Logan and John H Sparr, by their respective attorneys, and it appearing to the Court from the answer of the garnishee, Andrew Logan, that he is not indebted to the defendant John D Ludden in any sum whatever, it is therefore ordered that he be discharged at the costs of the said plaintiff and that the sum of ten dollars be allowed him for answering herein; and it appearing to the Court from the answer of the said garnishee John H Sparr that at the time he was summoned herein as such he had in his possession belonging to said defendant, John D Ludden, the sum of sixteen hundred and fifty dollars, It is therefore considered by the Court that the plaintiff recover of the said garnishee the sum aforesaid as confessed and have execution therefor, and that out of said sum he pay the costs of this proceeding. The sum of forty dollars is allowed said garnishee for answering herein. Thereupon the plaintiff, by his attorney acknowledges to have received full and entire satisfaction of the foregoing judgment, and the said garnishees, by their attorneys acknowledge the receipt of their respective allowances above made.
**Peter H Hurck et al vs William Provost et al**
The Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth order that the same be overruled. Bill of Exception filed. Application of defendants filed to have defendants share set off in one lot together.
**In the matter of the assignment of Joseph Steinacker**
Proof of Publication of assignees notice to creditors filed.
**Wood W McLamant vs John Todd et al**
Motion for new trial filed.
**Charles Mick no 208 Alexander Guenadon et al**
Answer of Alexander Guenadon Filed.
**John H Thaler no 289 William Sinishenser**
Continued by consent.
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> Handwritten Page Number on Record Book: 234
**Charles Fink no 149 Albert Billings and George W Billings**
Now at this day come again the parties, by their respective attorneys, and also the Jury empannelled and sworn herein and thereupon the trial of this cause progressed but not being finished further proceedings are laid over until Monday Morning.
Court met pursuant to adjournment. Present as before.
**George G Presburry no 740 Marcus A Wolf**
Motion to quash Sheriffs Return on amended petition filed.
**Justus Teuteberg no 679 Harris Newman**
Until the fourth day of December next is given to answer the amended petition herein.
**Simon Meyberg no 96 Bernhardt Midas**
Interplea of William C Jones filed.
**Abraham H Hoge et al vs William J Mathir et al**
Deposition for plaintiffs opened and filed.
**Thomas E Owens vs The City of St Louis garnt of James H McClure**
Motion to discharge garnishee filed.
**The State Mutual Fire and Marine Insurance Company of Pennsylvania no 174 Daniel Weaver**
Motion for a new trial, affidavit in support of motion for a new trial, and also transcript of judgment filed.
**Henry Hitchcock assignee & c no 829 John H Sparr**
Notice served on Joseph Conway filed.
**Charles Fink no 149 Albert Billings and George W Billings**
Now at this day come the parties again by their respective attorneys, and also the Jury empannelled and sworn herein and thereupon the trial of this cause progressed but not being finished further proceedings are laid over until tomorrow morning.
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**Viewer Page 239** (rcdbook1858_28_0238.jpg)
> Handwritten Page Number on Record Book: 235
**Williams C Booth no 210 Clandius R Lassall**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiff by his attorney, it is ordered by the Court that the petition herein be taken against the said defendant as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of three hundred and thirty two dollars and ten cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid as found and also his costs herein expended and have execution therefore against the property attached at the commencement of this suit.
**William C Booth no 1026 J Ludwig, and E W Crapstar garnishees of Claudius B Lassell**
Garnishment.
Now at this day comes the plaintiff by his attorney and dismissed this proceeding as to E W Crapstar but the other garnishee although duly called comes not nor hath he answered the interrogatories herein, wherefore, on motion of the attorney for the plaintiff, it is ordered by the Court that the interrogatories be taken against him as confessed: and the plaintiff, waiving a Jury submits this cause to the Court upon the interrogatories and proofs, and the Court doth find therefore that the said J Ludwig was indebted to the defendant Claudius R Lassell it the time he was summoned herein as garnishee in the sum of three hundred and seventeen dollars. It is therefore considered by the Court that the said plaintiff recover of the said garnishee the sum aforesaid in form aforesaid as found and have execution therefore, and that out of said sum the plaintiff pay the costs of the original suit as well as of the proceeding.
**Alfred W Lamb no 137 Joseph H Brotherton, Francis Webster, Samuel D South, Richard Martin, Edward Chase and Thomas Harris**
Order of Injunction.
The plaintiff by his attorney, comes and files a petition herein and the Court having duly heard and considered the application in the petition for a restraining order, doth order that the defendants Brotherton, Webster, Chase and Harris, and each of them, their servants agents, and attorneys be restrained and enjoined, until the further order of this Court, form selling or offering for sale and from making any deed for a certain tract or parcel of land situate lying and being in the County of Marion State of Missouri, beginning at the lower corner of the town of Portscipio as designated by the plat of the same, and running up and with the boundary of the Mississippi River to a point where a crack or branch crosses said tract of Portscipio and running up said branch in the middle of the same with a straight line commencing at a point at the edge of the water on the Mississippi River and running back from said river until it strikes near boundary of said town of Portscipio, thence with said boundary to a diagonal line and with said line to the point of beginning on the Mississippi river; Provided however that the said Alfred W Lamb first execute a bond to the defendants in the penal sum of Eight thousand dollars with good and sufficient security conditioned according to law. The plaintiff files a bond with Albert Pearce, as security which is approved by the Court.
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> Handwritten Page Number on Record Book: 236
**Charles McCormick no 207 Henry W Tracy and Eugene Papin**
Order of Publication. Attachment.
It appearing to the satisfaction of the Court from the affidavit of the plaintiff that the defendants are not residents of the State of Missouri, therefore on motion of plaintiffs attorney, it is ordered by the Court that they be notified that a civil action has been commenced against them founded on two notes for the sum of sixteen hundred and nine dollars and seventy one cents, and 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, within and for the County of St Louis on the fourth Monday of February next, and on or before the third day thereof answer the plaintiff petition, judgment will 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, a newspaper printed and published in the City of St Louis.
Court met pursuant to adjournment. Present as before.
**William H Wickersham vs Mary E Wickersham**
Deposition for plaintiff opened and filed.
**In the matter of the assignment of Joseph Powell and John C Powell**
William R Riddlecome assignee herein files an application for further time to file an inventory herein, and on his motion fifteen days further time is given him to file such Inventory.
**John J Roe et al no 683 Thomas L Moore et al**
Alias Summons ordered for defendants Thomas L Moore John G Glenn and Albert Becker and cause continued.
**John Purvis no 288 Eliza Ann Purvis**
Order of Publication.
It appearing to the satisfaction of the Court from the affidavit of the plaintiff that the defendant is a non resident of the State of Missouri, therefore on motion of said plaintiffs attorney it is ordered by the Court that she be notified that a civil action has been commenced against her to obtain a decree of divorce, and that unless she be and appear at the next term of this Court to be begun and held at the City of St Louis within and for the County of St Louis on the fourth Monday of February next and on or be before the Sixth day thereof answer the plaintiffs petition the same will be taken against her as confessed. It is further ordered that a copy hereof be published according to law in the St Louis Morning Herald a newspaper printed and published in the City of St Louis.
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**Viewer Page 241** (rcdbook1858_28_0240.jpg)
> Handwritten Page Number on Record Book: 237
**Cleander Mighells vs Lorenzo D Jones**
Attachment. Order of Publication.
The plaintiff by his attorney, comes and files a petition and affidavit from which it appears that the defendant is a non resident of the State of Missouri; therefore, on motion of plaintiffs attorney, it is ordered by the Court that he be notified that a civil action has been commenced against him for the sum of four hundred and eighty six dollars and fifty cents, founded on two notes, and that his property has been attached and unless he be and appear at the next term of this Court to be begun and hed at the City of St Louis within and for the County of St Louis on the fourth Monday of February next, and on or before the third day thereof answer the plaintiffs petition judgment will be 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 Missouri Democrat a newspaper printed and published in the City of St Louis.
**St Louis Lumberman and Mechanics Insurance Company no 536 William O wheeler and John N Boffinger**
Dismissal.
On motion of the plaintiff by its attorney it is ordered by the Court that this suit be dismissed at the costs of the said plaintiff and that execution issue therefor.
**Thomas Gaus vs Samuel Goulby and Henry Goulby**
Order of Publication. Attachment.
The plaintiff by his attorney comes and files a petition and affidavit from which it appears that the defendants are non residents of the State of Missouri, therefore on motion of plaintiffs attorney it is ordered that they be notified that a civil action has been commenced against them for the sum of One hundred and eighty two Dollars and ten cents on account of work done for and goods wares and merchandise sold and delivered to them and one Thomas Goulby by the plaintiff 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 Saint Louis within and for the County of St Louis and on or before the third day thereof answer the plaintiffs petition judgment will be 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 a newspaper printed and published in the City of St Louis.
**Charles Fink no 149 Albert Billings and George W Billings**
Now at this day come again the parties by their respective attorneys and also the Jury empannelled and sworn herein, and thereupon the trial progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess his damages at the sum of twenty five hundred dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**Simon Meyberg no 96 Bernhard Midas and Manilius Carl**
On Plea in abatement.
Now at this day come the parties by their respective attorneys and thereupon come also a Jury, to wit: John Triplett Thomas Wall, R J Webber, F Wise, J Watchtel, F W Ustick, Henry Spuler, John Mcjinnis, George King,
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**Viewer Page 242** (rcdbook1858_28_0241.jpg)
> Handwritten Page Number on Record Book: 238
J G Zackler, H. Bartold, and Issac White, twelve good and lawful men, who being duly elected tried and sworn the issue joined upon the Plea in abatement well and truly to try the trial progressed but not being finished at the hour of adjournment further proceedings are laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
**William Sausser vs J T Grane garnishee of S F Cooper**
On motion of the plaintiff by his attorney, and it appearing to the Court from the answer of said garnishee that at the time he was summoned herein he was not indebted to the defendant in any sum whatever, it is ordered that he be discharged at the costs of said plaintiff and that execution issued therefor. Ten dollars is allowed said garnishee for answering herein.
**Thomas Scott vs Charles F Hodgle**
Motion to set aside judgment by default and affidavit in support thereof filed.
**Farmington and Blizzard no 225 Meek and Thomas**
Depositions for defendants opened and filed.
**Charles Jeffries no 69 D D Denton et al**
Continued.
**Philip Thomas no 445 Andrew Krautler**
Dedimus to Illinois for plaintiff.
**Judith Barnfield vs John W Barnfield**
Motion and affidavit for continuance filed by defendant.
**Charles R Anderson vs Charles D Colman et al grant of McDonald et al**
Until the sixth instant is given Phillips to file claim under assignment of Wm Lings.
Henry N Hart, Esq, an attorney of this Court, is fined twenty five dollars for a contempt of Court by him committed in speaking to Charles G Mares, another attorney of this Court, in the presence and during the session of the Court the following words to wit: "if you state that again I will knock you down."
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**Viewer Page 243** (rcdbook1858_28_0242.jpg)
> Handwritten Page Number on Record Book: 239
**James F Small, Cornelius W Small, Thomas W Wells and John G Wells no 133 Z Moore**
Order of Sale.
Michael S Cerre, Esq, Sheriff of St Louis County comes and files a statement from which it appears that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit and is likely to depreciate in value; it is therefore ordered that said Sheriff sell said property according to law, and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
**Christian Kribben administrator of William Volland vs Henry Frahin**
On motion of the defendant by his attorney, it is ordered by the Court that Execution issue against the plaintiff for the amount of the judgment obtained by the defendant against the plaintiff.
**Simon Meyberg no 96 Bernhard Midas and Manilius Carl**
Now at this day come again the parties by their respective attorneys and also the Jury empannelled and sworn herein and thereupon the trial progressed and being finished the Jury retire to consider of their verdict.
Court met pursuant to adjournment Present as before.
**Charles Fink no 149 Albert Billings et al**
motion for new trial filed.
**Solomon Smith no 299 Alfred M waterman et al**
Reply filed.
**Issac W Mitchell no 304 Alfred M Waterman et al**
Reply filed.
**Louis C Garnier vs Ferdinand Vandemale and Frederick Picker**
William M Cooke, attorney for the plaintiff, comes and in open Court acknowledges to have received full and entire satisfaction of the judgment rendered herein on the fifteenth day of May, eighteen hundred and fifty eight for the sum of five hundred and thirty dollars and sixty six cents, nunc pro tune as of the sixth day of March 1858.
**Abraham H Hoge et al vs William T Matter et al**
Answer and counterclaim filed by consent.
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**Viewer Page 244** (rcdbook1858_28_0243.jpg)
> Handwritten Page Number on Record Book: 240
**William Beste and Felix Grima no 204 Joseph T Tourville and Adolphe S Leone**
On note.
Now at this day come the plaintiffs by their attorney and dismiss this suit as to the defendant Adolphe S Leone, but the defendant, Tourville, although duly summoned and called, comes not but makes default, wherefore on motion of the attorney for the plaintiff it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of three hundred and eleven hundred dollars and eighty 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 also their costs herein expended and have execution therefor.
**Simon Meyberg no 96 Bernhard Midas and Manilius Carl**
On Plea in Abatement.
Now at this day come again the parties by their respective attorneys, and the Jury empannelled and sworn herein also come, and the Jury aforesaid upon their on the aforesaid find for the defendants. It is therefore considered by the Court that at the commencement of this suit the defendants had not fraudulently conveyed and assigned their property and effects, and that they had not fraudulently concealed removed and disposed of their property and effects, and that they were not about fraudulently to convey, conceal remove and dispose of their property and effects so as to hinder and delay their creditors: wherefore it is ordered by the Court that the said defendants go hence without day and recover of the said plaintiff their costs herein expended and have execution therefor.
**Pacific Rail Road no 285 August Koch**
Now at this day come the parties 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 for the plaintiff and assess its damages sustained by reason of the premises in the petition mentioned at the sum of three hundred and eighty nine dollars and fifty five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as assessed and also its costs herein expended and have execution therefor.
**In the matter of Louis G Picot trustee under the Will of Ann Biddle deceased**
Order for Production of Papers.
On motion of Louis G Picot trustee under the Will of Ann Biddle, it is ordered that the Judge of the St Louis Probate Court produce forthwith the following papers on file in the Clerk's Office of said Probate Court, to wit: all the inventories filed by John O Fallon, as Executor of Ann Biddle, deceased; also, all 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 the Clerks Of fire of said Probate Court to be used in the trial of this cause.
**Andrew Brungard vs Thomas H Cavanaugh**
Motion to enter judgment filed.
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**Viewer Page 245** (rcdbook1858_28_0244.jpg)
> Handwritten Page Number on Record Book: 241
**John B Farrington and Ephraim S Blizard no 225 Joseph Meek and Clemens.**
Judgment. Replevin.
Now at this day come the parties by their respective attorneys and thereupon come also a Jury, to wit: J C Conner, D B Tayer, S Samelson, E K Woodward R Sibold, R Huber, F Gelfort, J McIntire, R K Woods, Wm Murdock, George Schuer, and W Smith, twelve goods and lawful men, who being duly elected tried and sworn the issues herein joined well and truly to try the trial progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiffs and assess their damages at the sum of one cent. It is therefore considered by the Court that the said plaintiffs retain the possession of the property mentioned in the petition and delivered to them by the Sheriff and that they recover of the said defendants the sum aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefor.
**The State of Missouri to use of John Decker no 222 William D Oench, Thomas L Rives, Charles F Meyer and John E Liggett**
Now at this day come the parties by their respective attorneys and thereupon come also a Jury to wit; H Speeler, J McGinnis, G Zackler, J C Connor, D P Thayer, R K Ober, F Gelfort, J McEntire, Wm Murdock, J C Gilmore, C Crone and George King, 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 after some progress therein the plaintiff, by leave of Court, withdraws all claim for damages on bond for the sum of five hundred dollars, and elects to proceed on bond for the sum of Six hundred and thirty dollars and thereupon the trial further progressed but not being finished further proceedings are laid over until tomorrow morning.
**John K Brettlle no 29 Patrick Malloy**
Dismissal.
On motion of the attorney for the plaintiff it is ordered by the Court that this suit be dismissed at the costs of the plaintiff and that execution issue therefor.
**In the matter of the assignment of John H Fisher**
On motion of Henry N Hart, assignee herein, the time for selling the goods wares and merchandise assigned is extended thirty days.
**Thomas Marshall and James McHughes no 574 Clay Taylor**
Alias Summons ordered.
---
**Viewer Page 246** (rcdbook1858_28_0245.jpg)
> Handwritten Page Number on Record Book: 242
Court met pursuant to adjournment. Present as before.
Stephen Rice this day appoints Warren Montfort as deputy clerk of this Court which appointment is approved by the Court, and thereupon the said Warren Montfort takes the oath prescribed by law.
**John C Unseld no 776 James N Stephenson et al**
Dedimus to Illinois for defendants.
**John B Farington et al no 225 Joseph Meek et al**
Motion for new trial filed by defendants.
**Charles R Anderson vs Charles D Colman et al garnt of McDonald et al**
Claim of N Phillips filed.
**James G Mcphectus vs J A Barrett garnt of Sigerson et al**
Answer of Garnishee filed.
**John R Richards no 778 Joseph Foster**
Motion to strike out parts of amended answer filed.
**James M Clark no 224 Thomas L Rives and William D Oench**
Change of Venue.
Now at this day come the defendants, by their attorney, and file a petition for a change of venue, and the Court, having duly heard and considered the same, doth order that this cause be transferred to the St Louis Court of Common Pleas for trial, and that the Clerk of this Court make out a full true and complete transcript of the record and proceedings herein and deliver the same duly certified to the Clerk of said St Louis Court of Common Pleas.
**The State of Missouri to use of John Decker no 222 William D Oench, Thomas L Rives Charles F Meyer and John E Liggett**
Now at this day come again the parties by their respective attorneys, and also the Jury empanelled and sworn herein and thereupon the trial of this cause progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess the damages at the sum of six hundred and forty eighty dollars and fifty eight cents. It is therefore considered, by the Court that the plaintiff recover of the defendant the sum aforesaid as assessed, and also his costs herein expended and have execution therefor. Thereupon the plaintiff by his attorney, remits the sum of one hundred and seven dollars and twenty three cents of the above judgment.
---
**Viewer Page 247** (rcdbook1858_28_0246.jpg)
> Handwritten Page Number on Record Book: 243
**Lorenzo D Holmes vs John Bingham et al**
This Court having no jurisdiction in this cause it is ordered that the same be dismissed at the costs of the plaintiff and that execution issue therefor.
**Stephen Hoyt et al no 260 William King et al**
Continued.
**Levi J North no 283 Anton Wiseman et al**
Continued by order of Court.
**Stephen Haskell et al vs William Forsythe et al**
Motion to strike out answer and for judgment filed.
**Peter A Steen no 298 William O Wheeler and John Boffinger**
On note Now at this day come the plaintiff and the defendant, John Boffinger, by their respective attorneys and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court doth find therefrom that the defendants are indebted to the plaintiff in the sum of nine hundred and twenty three dollars and ten cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid inform aforesaid as found and also his costs herein expended and have execution therefor.
**George Schoenhals no 247 Charlotte Schoenhals**
Now at this day come the parties by their respective attorneys and thereupon the trial of this cause progressed and being finished the Court takes the same under advisement.
**Hyacinthe (a free woman of color) no 210 Hyacinthe Renard**
Now at this come the parties by their respective attorneys and thereupon come also a Jury, to wit John Triplett, Thomas Wall, R J Webber, F Wise, J White, Jacob Zachtel, T W Ustick H Rartold, L Samelson, E K Woodward, S Sibold and Robert K Woods, 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 finished the Jury aforesaid upon their oaths aforesaid find for the defendant. It is therefore considered by the Court that the said plaintiff take nothing by her suit in this behalf but that the said defendant go hence without day recover of the plaintiff his costs herein expended.
**James Burchanan et al no 187 John Meyer**
Continued as on affidavit at defendants costs on account of the absence of Philip Fisher, as witness.
---
**Viewer Page 248** (rcdbook1858_28_0247.jpg)
> Handwritten Page Number on Record Book: 244
Court met pursuant to adjournment. Present as before.
**John McKnight vs George w Lynch**
Affidavit of James C Moody filed.
**John C Nulsen et al vs William Koser et al**
Alias Summons ordered for William Koser and William Reinhart.
**State of Missouri to use of Jno Decker no 222 William D Oench et al**
Motion to set aside verdict filed.
**Robert McDonald no 463 Allison Stickney**
Demurer to Counterclaim filed by consent.
**Thomas Carson no 1034 Thomas Nelson garnt**
By consent of parties it is ordered by the Court that the garnishee herein be discharged at the costs of the said garnishee and that execution issue therefor.
**Samuel L Bolton no 40 William K Wilson et al**
Separate affidavits of William K Wilson and William H Knowlton filed.
**The State of Missouri to use of Elliott no 139 Augustus F Shapleigh et al**
The Court having duly heard and considered the motion to strike out parts of the petition and being thereof fully advised doth sustain the same. Leave is given the plaintiff to amend.
**Daniel Heisch no 809 John G Jones et al**
The Court having duly heard and considered the motion to strike out parts of the petition and being thereof fully advised doth overrule the same.
**James McThompson et al no 258 Wm D W Barnard et al**
Continued by consent at plaintiffs costs.
**Julia Ann Coover no 86 M C Walker et al**
The Court having duly heard and considered the demurrer herein and being thereof fully advised doth overrule the same.
**Charles Speck et al no 145 St Bt James E. Woodruff**
Ordered that a dedimus issue for the plaintiff to the United States Consul at Leipoic, Sapony, and also to United States Consul at City of Bremen in Holland.
---
**Viewer Page 249** (rcdbook1858_28_0248.jpg)
> Handwritten Page Number on Record Book: 245
**John D S Haslett no 185 John Decker**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiff and that execution issue therefor.
**William Russell no 196 Sylvester Laflin**
Judgment. Relpevin.
Now at this day come the parties, by their respective attorneys, and file a statement of agreed facts, and waiving a Jury submit this cause to the Court upon the pleadings and agreed facts and the Court having duly considered the same doth find that the plaintiff is the owner of the property mentioned and described in the plaintiffs petition and doth assess his damages for the taking of the same at the sum of one cent. It is therefore considered by the Court that the said plaintiff retain the possession of the said property and that herecover of the defendant the sum aforesaid as assessed and also his costs herein expended and have execution therefor.
**George Schoenhals no 247 Charlotte Schoenhals**
Decree of Divorce
Now at this day come the parties again by their respective attorneys, and the Court being now fully advised of and concerning the premises doth order adjudge and decree that the crop bill herein be dismissed, and being satisfied from the proof of the good conduct of the plaintiff and that the plaintiff is an innocent and injured party it doth further order adjudge and decree that he be absolutely and forever divorced from the bonds of matrimony by him contracted with the defendant and berestored to all the nights and privileges of an unmarried person, and that he pay the costs herein and that execution issue therefor.
**Andrew Brengard no 394 Thomas H Cavanaugh**
The Court having duly heard and considered the motion to enter up judgment by default being thereof fully advised doth overrule the same.
**Simon Meyberg vs Bernhard Midas et al**
Motion to set aside verdict filed.
---
**Viewer Page 250** (rcdbook1858_28_0249.jpg)
> Handwritten Page Number on Record Book: 246
Court met pursuant to adjournment. Present as before.
**State of Missouri to use of Arthur w Elliott no 139 Augustus F Shapleigh et al**
amended petition filed
**Frederick R Toewater no 640 Jacob Bensberg et al**
agreement of parties filed
**Wood W McLamant no 236 John Todd et al**
Motion for new trial withdrawn by defendant.
**Justus Teuteberg no 679 Harris Newman**
Demurrer to amended petition filed.
**Daniel Heisch no 809 John G Jonesetal**
Demurrer filed.
**Julius A smith no 143 James D Houseman**
Report of Commissioner and four Exhibits filed.
**William L Ewing et al vs Robert A Reilley et al**
Depositions for defendants Opened and filed.
**John M Cashman and James L Brickey vs Thomas Durrell**
Order of Injunction. The plaintiffs, by their attorney, come and file a petition and the Court having duly heard and considered the application contained therein and the plaintiffs having filed abond in the sum of One thousand dollars conditioned according to law, which is approved by the Court, it is ordered that the defendant, his servants, agents and attorneys, and each of them, and all other persons, be and they are hereby restrained and enjoined from removing out of this State a certain negro slave named Jane, about eighteen years of age, until the further order of this Court. And it is further ordered that the Sheriff of St Louis County seize and take into his possession said slave wherever and in whose hands so ever found: and on the defendants giving bond to the plaintiffs in the sum of One thousand dollars with good and sufficient security the said Sheriff is hereby ordered to redeliver said slave to the defendant; but if said defendant fail to give said bond then the said Sheriff is ordered to deliver said slave to the plaintiffs upon their giving like bond to the defendant.
---
**Viewer Page 251** (rcdbook1858_28_0250.jpg)
> Handwritten Page Number on Record Book: 247
**Solomon Smith no 299 Alfred M Waterman Steven Lee and Peter Lee**
On Bill of Exchanges.
Now at this day come the plaintiff and the defendant Waterman by their respective attorneys, but the defendant to Steven and Peter Lee although duly summoned and called come not but make default wherefore on motion of the plaintiff by his attorney it is ordered by the Court that the petition herein be taken against them as confessed; and thereupon come a Jury to wit; S Wessells, C Burke, J Rosenthine, A Erckeberger, S Mills, P Carson, Henry, Wiessenfeld, L Garnier, John Fowley, Charles Able, Frederick may, and a Line, 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 finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess the damages at the sum of Seventeen hundred dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
**Edward Bredell et al vs 314 Jane Powell et al**
Exhibit C filed.
**Charles Speck et al vs 140 The St Bt James C Doodruff**
Dedimus to Louisiana for plaintiffs.
**Joseph Charles William Blow and Taylor Blow vs 311 The Chicago Alton and St Louis Rail Road Company**
On notes.
Now at this day come the parties by their respective attorneys, and the defendant withdraws its answer herein and consents and agrees with the plaintiff that judgment may be rendered herein against the defendant for the sum of Eleven hundred and twelve dollars and six cents. It is therefore considered by the Court that the plaintiff recover of the said defendant the sum aforesaid inform aforesaid as agreed upon and also their costs herein expended and have execution therefor.
**John C Stewart vs Margaret Casey**
Alias summons ordered.
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**Viewer Page 252** (rcdbook1858_28_0251.jpg)
> Handwritten Page Number on Record Book: 248
**George Sparrow vs 371 Terre Haute Alton and St Louis Rail Road Company**
On note.
Now at this day come the parties by their respective attorneys and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court doth find there from that the defendant is indebted to the plaintiff in the sum of ten hundred and forty eight dollars and thirty, two cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**The Meriden Brittania Company vs 403. Julius Uhlenreeth**
On account.
Now at this day comes the plaintiff, by its attorney, but the defendant although duly summoned and called comes not but makes default wherefore on motion of the attorney for the plaintiff it is ordered by the Court that the petition herein be taken against him as confessed; and the plaintiff waiving a Jury submits this cause to the Court upon the petition exhibit and proofs and the Court having duly heard and considered the same doth assess the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of One hundred and thirty seven dollars and sixty cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid as assessed and also its costs herein expended and have execution therefor.
**Nathaniel G Carnes and Samuel Haskell vs 540 Benjamin F Champion and Joseph L Papin**
Order of Publication.
The Sheriff having made return that the defendant, Champion, cannot be found, and the Court being satisfied that process cannot be served upon him, therefore on motion of Plaintiffs attorneys, it is ordered by the Court that he be notified that a civil action has been commenced against for the sum of two hundred and fifty dollars and ninety cents, founded on a bill of exchanges, and unless he be and appear at the next term of this Court to begun and held at the City of St Louis within and for the County of St Louis, on the fourth Monday of February next and on or before the third day thereof answer the plaintiffs petition the same will be taken against him as confessed. It is further ordered that a copy, hereof be published according to law in the Missouri Democrat a newspaper printed and published in the City of St Louis.
**John C Coocke vs Steamboat F X Aubrey**
Now at this day comes the plaintiff, by his attorney, and waiving a Jury submits this cause to the Court upon the complaint and proofs and the Court having duly heard and considered the same doth assess the damages sustained by reason of the premises in the complaint mentioned at the sum of three hundred and eleven dollars and ten cents. It is therefore considered by the Court that the plaintiff recover of Daniel Hancock, the principal, and William H Chappell, the security, in the bond given for the release of the said defendant, the sum aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
---
**Viewer Page 253** (rcdbook1858_28_0252.jpg)
> Handwritten Page Number on Record Book: 249
**Charles Mick vs 208 Alexander Gwenadon etal**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this suit be dismissed as to the defendant Alexander gwenadon.
**Arthur Vallon and Leon Vallon vs 446 John P Shenk and John Helgenberg**
On note.
Now at this day come the plaintiffs and the defendants, John Helgenberg, by their respective attorneys, and the said defendant withdraws his answer herein, leaving this suit undefended, but the other defendant although duly summoned and called comes not but makes default, It is therefore on motion of the plaintiff attorney it is ordered by the Court that the petition herein be taken against the said defendants as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of five hundred and ninety three dollars and six cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants to the sum aforesaid inform aforesaid as found and also their costs herein expended and have execution therefor.
**William Dean vs 361 William M Barron, and Walter L F Gage**
On note.
Now at this day comes the plaintiff, by his attorney and dismisses this suit as to the defendant, William M Barron, and the defendant, Gage, by his attorney, also comes and withdraws, his answer herein and consents and agrees with the plaintiff that judgment may be rendered herein in favor of the said plaintiff for the sum of Seven hundred and thirteen dollars and ninety five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum a aforesaid inform aforesaid as agreed upon and also his costs herein expended and have execution therefor.
**The State of Missouri vs 827 Stephen K Houser**
On application of Charles G Mauro, Circuit attorney, this cause is laid over to the tenth day of January next; and thereupon John Falks, Frank Richardson, Francis Sullivan, Matilda Jorench, and Mary Ann Byles severally acknowledge themselves to over the State of Missouri the sum of two hundred dollars to be levied of their respective goods and chattels lands and tenements, Yet upon condition that if they shall personally appear before this Court on the Second Monday of January next, being the tenth day of said month, to testify as a witnesses on behalf of the State in this case upon a charge of murder in the first degree, and shall not depart the Court without leave thereof then this recognizance, to be void else of full force and effect.
Robert W Scott and Henry Berry, two credible, witnesses, who are personally Known to the Court, come in open Court, and upon their oaths, prove the acknowledgment and execution of a Deed of Emancipation by George R Robinson to his negro slave Henry, aged thirty five years, of a dark copper five feet ten inches and three fourths of an inch in height, has a light scan on left eye one inch from root of hair, and a skin mark under right cheek bone.
---
**Viewer Page 254** (rcdbook1858_28_0253.jpg)
> Handwritten Page Number on Record Book: 250
**William Henry Peckham, Abram Barker and Byardy Oackley for vs 346 Cornelius D Sullivan and Jumiach J Sullivan**
On note.
Now at this day come the parties by their respective attorneys and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court doth find therefrom that the defendants are indebted to the plaintiffs in the sum of two hundred and twelve dollars and ninety eight cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in from aforesaid by the Court found and also this costs herein expended and have execution therefor.
**George Y Bast vs 281 Graham L Rughes**
On account.
Now at this day come the parties by their respective attorneys, and thereupon come also a Jury, to wit; O P Koegnig, O Michael, B Meroman, Miller, John Momill K Picker, R Schneider, Louis Wisc, J Cunningham, Human Bergisch, C Bernicker, and H Bakerwell, 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 finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess the damages at the sum of two hundred and twenty six dollars and thirty one ants. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid assessed and also his costs herein expended and have execution therefor.
**Melvin L Gray trustee vs 391 Albert Alberton**
Replication to Counterclaim filed.
**James L Gray vs 291 The Pacific Rail Road**
On account.
Now at this day come the parties by their respective attorneys and thereupon come also a Jury, to wit; Louis Walker, R S Rua, Henry Hasebrock C H Smead, C Deal, William R Harland, Charles Grabell, C Burke, J Rosenthine, J Eichelberger, L Mills, and Pleasear twelve good and lawful men who being duly elected, tried and sworn the issues herein joined well and truly to try the trial progressed but not being finished further proceedings are continued until tomorrow morning.
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**Viewer Page 255** (rcdbook1858_28_0254.jpg)
> Handwritten Page Number on Record Book: 251
Court met pursuant to adjournment. Present as before.
**David C Peacock vs 305 Cornelius D Sullivan and Jeremiah J. Sullivan**
Continued by consent at plaintiff costs.
**Jane Jigh vs 343 Francis Jigh**
Continued.
**Martha Faris vs 315 Jonathan J Faris**
Continued.
**Thomas S Page vs 337 Albert Becker**
Continued generally.
**Robert McDonald s 463. Allison Stickney**
Continued by consent.
**Antorine Morins Executive vs 334 Daniel Perreault**
Continued on affidavit at defendants costs.
**Thomas Reyburn Executive vs 365 Thomas A Lonergan**
Continued by consent.
**Ebenezer Higginsetal vs 34 Cushman Cadwell**
Continued.
**Oliver J Bragg. vs 322 Alexander Lowry et al**
Continued by consent at defendants costs.
**The St Louis Bagging D Ropeles vs 459 James E Yeatman et al**
Continued as on affidavit at defendants costs.
**Melvin L Gray Trustee vs 391 Albert Albertson**
Continued on application of plaintiff at his costs.
**James Y Human et al vs 320 Henry J Cunife et al**
Continued on affidavit at defendants costs.
**Samuel Coph Jr. vs 439 St Louis County**
Continued by consent at plaintiffs costs.
**Henry Heper vs 450 George Jackson**
continued on affidavit at defendants costs.
**William Ehlert vs 897 Johanna Stiefrater admrx**
Note used on filed.
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**Viewer Page 256** (rcdbook1858_28_0255.jpg)
> Handwritten Page Number on Record Book: 252
**Edward Bredell, Sarah A Collier, and Alfred Chadwick Executors of and Trustees under the last Will of George Collier, deceased. vs 314 Jane Powell, John, C Powell, Elizabeth B Powell, Julia R Wilgus, and the unknown heirs and legal representatives of William Rector, deceased.**
Decree.
Now at this day come the said parties plaintiff, by their attorney, and the said defendants Jane Powell and John C Powell by their attorney of record, and the said minor defendants Elizabeth B Powell and Julia R Wilgus by William R Biddlecome, their guardian and literm in this behalf; whereupon said plaintiffs dismiss this their suit as to the unknown heirs and legal representatives of William Rector, deceased; and neither party requiring a Jury the said cause is submitted to the Court upon the pleadings and proofs therein; and the Court having considered the same and being fully advised thereof doth find that the tract of land in the petition mentioned, to wit; "the Southwest quarter of Section fifteen in township forty six North, Range nine West," and situate in the County of all away State of Missouri, was by William Rechtor in his life time conversed to Peter Powell in trust for the purposes mentioned in the deed from said Rechtor to said Powell as Trustee of George Collin, dated the fourteenth day of January, Eighteen hundred and twenty four and recorded in the Recorders Office of said Callaway County in Book B page One hundred and eighty seven and following; that the said that of land was thereafter and in pursuance and by authority of the provisions of said deed of trust sold by said Peter Powell as such Trustee to said George Collier, the testator of the plaintiffs; that said Peter Powell thereafter executed and delivered to said George, Collin the deed mentioned in plaintiffs petition dated the twenty seventh day of September, eighteen hundred and twenty six, recorded in the Recorder Office of said Callaway County in Book B, folios twelve, thirteen, and fourteen, by which deed it was intended to convey to said George Collin in fee simple as purchaser thereof the said tract of land, to wit; "the South west quarter of section fifteen in Township forty six North Range nine West;" that in and by said deed the said tract so sold and intended to be conveyed to said George Collin was by mistake wrongly described therein; and that in the description of property purporting to be conveyed in and by said deed last mentioned, the following description, to wit: "the South West quarter of section fifteen in Township forty four Change nine West," was erroneous and was intended to mean designate and convey the tract herein before mentioned, and sold to said George Collin as aforesaid: and further that since the execution of said deed last mentioned the said George Collin in his life time was and the said plaintiffs executors and devises of said Collin since said colliers death have been and still are in the undisturbed possession of said "South West quarter of section fifteen in Township forty six North Range nine West:" It is therefore decreed ordered and adjudged that the said erroneous description in said last mentioned deed contained be and the same is hereby reformed and corrected in accordance with the facts so found by the court: and it is further ordered, adjudged and decreed that the fee simple title to the said "South West quarter of section fifteen in Township forty six North Range nine West" be and the same is hereby as against the defendants heirs of Peter Powell, deceased nested and confirmed in the said plaintiffs, levisuis thereof under the Will of the said George Collin under and pursuant to the trusts in the said Will continued and declared, and that the said defendants, heirs of said Peter Powell, deceased, be forever divested of all night, title, clain and interest in and the said last described track by through or under him said Powell, and that the plaintiffs recover their costs herein expended and that they have execution therefor.
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**Viewer Page 257** (rcdbook1858_28_0256.jpg)
> Handwritten Page Number on Record Book: 253
**Susan Walker vs 392 Clement P Mallory**
The Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth order that the same be overruled.
**Benn C Platt vs 11 William Bevard**
The Court having duly heard and considered the demurrer to the petition herein and being thereof fully advised doth order that the same be sustained.
**Perewal Plat vs 10 William Bevard**
The Court having duly heard and considered the Demurrer to the petition herein and being thereof fully advised doth that the same be sustained.
**Thomas Y Gaylor et al vs 479 Frank P Corley et al**
Dismissal.
On motion of the plaintiffs, by their attorneys, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
**Jacob P faw and John M Pfaw vs 144 C Y Heinichs**
On note.
Now at this day come the plaintiffs by their attorney and by leave of Court amends their petition by inserting in the caption thereof the given name "Jacob", of the defendant: and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of three hundred and twenty eight dollars and sixty seven cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid inform aforesaid as found and also their costs herein expended and have execution therefor.
**Peter Grassmuck vs 358 Charles F Roelzle**
On note.
Now at this day come the parties by their respective attorneys and the Court having duly considered the application for a continuance herein doth overrule, the same, and the defendant failing further to appear, the plaintiff submits this cause to the Court upon the petition and answer and the Court doth find therefrom that the defendant is indebted to the plaintiff in the sum of two hundred and forty one dollars and thirty nine cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid as found and also his costs herein expended and have execution therefor.
**Joseph Garnean vs 470 Christian Schaeffler**
On account.
Now at this day come the parties by their respective attorneys and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court doth find therefrom that the defendant is indebted to the plaintiff in the sum of two hundred and eighty five dollars and twenty six cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
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**Viewer Page 258** (rcdbook1858_28_0257.jpg)
> Handwritten Page Number on Record Book: 254
**James L Gray vs 291 The Pacific Rail Road**
Now at this day come again the parties, by their respective attorneys, and also the Jury empanelled and sworn herein and thereupon the trial of this cause progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess his damages at the sum of Seven hundred and forty three dollars and eighty four cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**Rebecca Myers by her next friend Charles F Hoelzle vs 124 Charles Myers**
Order of Publication.
It appearing to the satisfaction of the Court that the defendant cannot be summoned in this action, therefore on motion of plaintiffs attorney, it is ordered by the Court that he be notified that a civil action has been commenced against him to obtain a decree of divorce, and that unless he be and and appear at the next term of this Court to be begun and held at the City of St Louis within and for the County of St Louis on the fourth Monday of February next and on or before the smith day thereof answer the plaintiffs petition the same will be taken against him as confessed. It is further ordered that a copy, hereof be published according to law in the Missouri Republication a newspaper printed and published in the City of St Louis.
**James Cuddy vs 329 John S Thompson**
On note.
Now at this day come the parties by their respective attorneys and the Court having duly heard and considered the motion and affidavit for a continuance herein doth overrule the same, and neither party requiring a Jury submit this cause to the Court upon the pleadings and proofs and the Court doth find Therefrom that the defendant is indebted to the plaintiff in the sum of nine hundred and four dollars and forty six cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor. Motion for new trial filed.
**William L Ewing, Albert H Edwards, Nathan Cole and Philip N Hermans. vs 165. Robert A Reilly, Richard J Lackwood, Ralph, P Voorhies and William H Pearson**
Now at this day come the parties 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 for the plaintiffs and assess their damages by reason of the premises in the petition mentioned at the sum of twelve hundred and twenty four dollars and twenty five cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid inform aforesaid as assessed and also their costs herein expended and have execution therefor. Motion for a new trial filed.
**George D Little and Charles H Olcott vs Walter S Dann**
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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**Viewer Page 259** (rcdbook1858_28_0258.jpg)
> Handwritten Page Number on Record Book: 255
**Jacob Rosinsky vs 105 Joseph Kohn**
Dismissal.
On motion of the plaintiff by his attorney it is ordered by the Court that this suit be dismissed at the costs of the said plaintiffs and that execution issue therefor.
**Simon Meyberg vs 107 Joseph Kohn**
Dismissal.
On motion of the plaintiff by his attorney it is ordered by the Court that this suit be dismissed at the costs of the said plaintiffs and that execution issue therefor.
**Adolph L Kornick vs 106 Joseph Kohn**
Dismissal.
On motion of the plaintiff by his attorney it is ordered by the Court that this suit be dismissed at the costs of the said plaintiffs and that execution issue therefor.
**Charles Harris vs 109 Joseph Kohn**
Dismissal.
On motion of the plaintiff by his attorney it is ordered by the Court that this suit be dismissed at the costs of the said plaintiffs and that execution issue therefor.
**Hatfield Halstead et al vs Ezror Easterly**
Henry Blaksley, assignee of judgment, acknowledges in open Court to have received full and entire satisfaction of the judgment rendered herein for the sum of four hundred and ten allow and thirty three cents on the twelfth day of November eighteen hundred and fifty six.
**Edward S Chase et al vs Ezra Easterly**
Satisfaction.
Henry Blaksley assignee of judgment, comes in open Court and acknowledges to have received full and entire satisfaction of the judgment rendered herein for the sum of One hundred and twenty three dollars and sixty four cents, on the twelfth day of November eighteen hundred and fifty six.
**Hatfield Halstead et al vs Ezra Easterly**
Henry Blakoley, assignee of judgment, comes in Open Court and acknowledges to have received full and entire satisfaction of the judgment rendered herein for the sum of two hundred and seventy four dollars and eighty three cents on the twelfth day of November eighteen hundred and fifty six.
**Hatfield Halstead vs Ezra Easterly**
Satisfaction.
Henry Blaksley assignee of judgment, in open Court acknowledge to have received full and entire satisfaction of judgment rendered Eleven hundred and seventy four dollars and sixty seven cents on the twelfth day of November eighteen hundred and fifty six:
**Hatfield Halstead vs Wm D W Barnard Rudolph Adams and Chat H Peck garni, of Easterly**
Henry Blaksley assignee in open Court acknowledges to have received full and entire satisfaction of judgment for three hundred and three dollars and sixty five cents, rendered on the twenty first day of December eighteen hundred and fifty seven,
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> Handwritten Page Number on Record Book: 256
**James C Page vs 306 Alfred M Walterman, Henry J Darah, Chester W Pomeroy and Charles W Herbert**
On Bill of Exchange.
Now at this day come the plaintiff and the defendant Waterman by their respective attorneys, but the other defendants, although duly summoned and called come not but make default wherefore on motion of the plaintiff by his attorneys, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds that the defendants Darrah, Pomeroy, and Herbert are indebted to the plaintiff, on account of the instrument of writing on which this action is founded, in the sum of One thousand dollars; and the defendant, Waterman, consents, and agress with the plaintiff that judgment may be rendered herein against him for the same amount, above mentioned. 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 agreed upon and also his costs herein expended and have execution therefor.
**Samuel H Bailey vs 350 Issac J Wise**
By leave of Court the plaintiff amends his amended petition herein by inserting on the first page thereof the words and before the commencement of this suit: and the Court having duly heard and considered the demurrer to the amended petition and being thereof fully advised doth overrule the same.
**Plagie Morin Administratrix of Antoine Morin deceased vso 332 Jermain Pettier**
Now at this day come the parties by their respective attorneys and thereupon come also a Jury, to wit; James Mclung, Thomas Slevin, R Bakwell, C Brinker, H Bergisch, J Cunningham, R Schneider, John Momill, Josiah Miller, B Mersman, P Michael and L Wessells, 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 finished the Jury retire to consider of their verdict.
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> Handwritten Page Number on Record Book: 257
Court met pursuant to adjournment. Present as before.
**John H Ferguson vs 357 Joseph Garneau**
Continued by consent of parties.
**James L Gray vs 291 Pacific Rail Road**
Motion for new trial filed.
**Henry N Hart. assignee &c vs 424 The Pacific Rail Road Co**
Continued by consent of parties.
**Henrietta Knollhoff vs 441 John F Knollhoff**
Continued by consent.
**Philip Thomas vs 445 Andrew Krantler**
Continued by consent.
**Daniel Devlin et al vs 368 Morris D Meyers**
Continued on application of plaintiffs at their costs.
**Samuel H Bailey vs 350 Isaac T Wise**
Continued on affidavit at defendants costs.
**Jeffrey Seymour vs 386 Miles g Moies et al**
Exhibit a and also an agreed statement of facts filed. The defendant Miles G Moies comes and withdraws his answer filed herein.
**Francis J Reynolds vs 380 Thomas J Albright et al**
Dismissal
On motion of the plaintiff by his attorney it is ordered by the Court that this suit be dismissed at the costs of the said plaintiff and that execution issue therefor.
**Oliver T Bragg vs 322 Alexander Lowry et al**
Dismissal.
By consent of parties it is ordered by the Court that this cause be dismissed at the costs of the defendants and that execution issue therefor.
**Francis Reynolds vs 378 Horace E Dimick et al**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiff and that execution issue therefor.
**The Bank of the State of Missouri vs 383. Timothy Dwight Turner et al**
Dismissal.
By consent of parties it is ordered by the Court that this cause be dismissed at the costs of the defendants and that execution issue therefor.
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**Pelagie Morin administratrix of Antoine Morin deceased no 332 Jermain Pethier**
On note
Now at this day come again the parties by their respective attorneys, and also the jury empanelled and sworn herein and the jury aforesaid upon their oaths aforesaid find for the plaintiff and assess the damages at the sum of One hundred and thirty seven dollars and seventy two cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as assessed and also her costs herein expended and have execution therefor.
**George Dominick no 362 Frederick W Hackman and George Reimann**
On note.
Now at this day comes the plaintiff by his attorney but the defendants, although duly summoned and called, come not land the plaintiff waiving a Jury submits this cause to the Court upon the pleadings and proofs and the Court doth find therefrom that the defendants are indebted to the plaintiff in the sum of four hundred and fifty three dollars and twenty 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 also his costs herein expended and have execution therefor.
**George I Barnett and Mahlon Weber no 327 M Triner and Samuel Jacoby**
On note.
Now at this day come the plaintiffs and the defendants, Samuel Jacoby, by their respective attorneys, and the plaintiffs dismiss this suit as to the defendant premier; and neither party requiring a Jury this cause in submitted to the Court upon the pleadings and proofs and the Court doth find therefrom that the defendants, Jacoby, is indebted to the said plaintiffs in the sum of one hundred and ninety one dollars and forty cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found also their costs herein expended and have execution therefor. Motion for a new trial filed.
**James M Durand James J Carters, and Michael C Doremus no 461 Cornelius D Sullivan and Jeremiah T Sullivan**
On account.
Now at this day come the parties by their respective attorneys, and consent and agree that judgment may be rendered herein in favor of the plaintiffs for the sum of One hundred and seventy two dollars and fifteen cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as agreed upon and also their costs herein expended and have execution therefor. By consent of parties execution is stayed for three months.
**Hugh McKelvy no 849 William Wade et al**
By consent of parties so much of answers as puts in issue note dated W Louis July tenth, eighteen hundred and fifty five for fourteen hundred and fifty eight dollars is withdrawn. Stipulation of parties filed.
**Joel D Smith John J Mitchell et al**
answer filed.
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> Handwritten Page Number on Record Book: 259
**John McKnight no 354 George W Lynch**
On note.
Now at this day come the parties by their respective attorneys, and the Court having duly heard and considered the motion to set aside the judgment herein and being there of fully advised doth order that the same be sustained; and the dependant by his attorney, orally moves the Court for a continuance herein and the Court having duly heard and considered the said motion doth order that the same be overruled; thereupon the attorney for the defendant withdraws his appearance herein, and the plaintiff waiving a Jury submits this cause to the Court upon the pleadings and proofs, and the Court doth find therefrom that the defendant is indebted to the plaintiff in the sum of twenty two hundred and thirty five dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid as found together with interest thereon at the rate of ten per cent per annum from this date until paid and also his costs herein expended and have execution therefor.
**Andrew Brungarl no 394 Thomas H Cavanaugh**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly called comes not, wherefore on motion of the plaintiff by his attorney this cause is submitted to the Court upon the pleadings and proofs, and the Court doth find therefrom that the defendant is indebted to the plaintiff in the sum of four hundred and sixty eight dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid as found and also his costs herein expended and have execution therefor.
**William Harrington no 325 John H Hall, Clark J Morton and Leonidas A Hall**
On note.
Now at this day come the parties by their respective attorneys, and the plaintiff dismisses this suit as to the defendant Leonidas A Hall; thereupon the other defendants with draw their answer herein leaving this suit undefended, wherefore on motion the plaintiff by his attorney, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants John H Hall and Clark J Morton, are indebted to the plaintiff in the sum of six hundred and sixty three dollars and sixty eight ants. 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 also his costs herein expended and have execution therefor.
**John W Hall no 416 Edwin A Skeele**
On note.
Now at this day come the parties, by their respective attorneys, and waiving a Jury, submit this cause to the Court upon the Pleadings and proofs and the Court doth find therefrom that the defendant is indebted to the plaintiff in the sum of Eleven hundred and thirty eight dollars and sixty five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**Julius H Smith No 143 James Dhuseman**
One motion ten days time is given the plaintiff to file exceptions to the commissioneries Report.
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**The Bank of the State of Missouri no 384 Daniel M Frost, Todd and Atkinson Thomas M Taylor and Oscar W Collett**
On note.
Now at this day comes the plaintiff by its attorney and dismisses this suit as to the defendants, Todd and Atkinson, but the defendant, Daniel M Frost, although duly summoned and called, comes not but, makes default. wherefore on motion of the plaintiff by its attorney it is ordered by the Court that the petition herein be taken against him as confessed; and the defendants, Thomas M Taylor and Oscar W Collett, although duly notified and called come not, wherefore, on motion of the said plaintiff, by its attorney, this cause is submitted to the Court upon the pleadings and proofs, and the Court doth find therefrom that the defendants Frost, Taylor, and Collett, are indebted to the plaintiff in the sum of fifteen hundred and thirty three dollars and three 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 also its costs herein expended and have execution therefor.
**The Bank of the State of Missouri no 382 Thomas M Taylor Oscar W Collett and John M Chambers**
On note.
Now at this day comes the plaintiff by its attorney, but the defendants although duly called come not; and the plaintiff, waiving a Jury, submits this cause to the Court upon the pleadings and proofs, and the Court doth find therefrom that the defendants are indebted to the plaintiff in the sum of ten hundred and thirty dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as found and also its costs herein expended and have execution therefor.
**Ebenezir G Lamson, Abel F Goodnow, William T Clement, and Buriage B Yale no 373. John H Hall, Clark J Morton and Leonidas A Hall**
On note.
Now at this day come the parties, by their respective attorneys, and the Court having duly heard and considered the demuner to the petition herein and being there of fully advised doth overrule the same; thereupon the plaintiffs dismiss this suit as to the defendant, Leonidas A Hall, but the other defendants failing further to appear and plead herein it is, on motion of the said plaintiffs, by their attorney ordered that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants John H Hall and Clark J Morton, are indebted to the plaintiffs in the sum of twenty one hundred and eight dollars and sixteen cents. It is therefore considered by the Court that the plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**George H Oberteuffer et al no 301 John P Bermel and Henry Robyn**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this suit be dismissed at the costs of the said plaintiffs and that execution issue therefor.
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> Handwritten Page Number on Record Book: 261
**Joseph W Gooding no 363. John Bean**
Judgment Replurins.
Now at this day comes the defendant by his attorney, but the plaintiff although duly notified and called comes not, and the defendant waiving a Jury submits this cause 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 for the defendant and assess the value of the property mentioned in the petition at the sum of three hundred and five dollars and five cents, and assess the damages for the taking and detention of the same at the sum of One cent. It is therefore considered by the Court that the said plaintiff return said property in the petition mentioned and described as follows, to wit: "two certain carriages called rockaways." to said defendant or that said defendant recover of said plaintiff and of George Horez and John J Kiburg, the securities in the replevin bond, the value of said property asssessed by the Court, at the election of the said defendant and also that he recover the damages assessed for the taking and detention of the said property together with his costs herein expended and have execution therefore.
**Stephen Haskell and James M Franciscus no 421 Cornelius D Sullivan**
On note.
Now at this day come the parties, by their respective attorneys, and the Court having duly heard and considered the motion to strike out the demurer herein and for judgment and being thereof fully advised doth overrule the same; and on motion of the plaintiff, by their attorney, leave is given to amend the petition herein by inserting immediately after word, "protest," and before word, "wherefore," the words, "plaintiffs further states that said note be due and remains unpaid," and the Court having also duly heard and considered the demurrer to the petition and being thereof fully advised doth overrule the same; thereupon the defendant files a plea in the nature of a plea in abatement herein and orally moves the Court for a continuance and the Court having duly heard and considered the said motion and being thereof fully advised, doth overrule the same, and the defendant thereupon with draws his plea in abatement herein and files an answer and this cause being then called for trial, and the defendant having been duly summoned as a witness and failing to appear, the plaintiffs, by their attorneys, orally move the Court to strike out the defendants answer and for judgment, and the Court having duly heard and considered the same, doth order that said motion be sustained: and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of four hundred and sixty five dollars and sixty 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 also their costs herein expended and have execution therefore. Motion to tax costs against plaintiffs filed.
**Henry Murphy no 393. Jacob Fritschle and Joseph G Shands**
On note.
Now at this day come the plaintiff and the defendant Shands, by their respective attorneys, and thereupon come also a Jury, to wit; C Burke, Isaac Rosenthine, A Eichebberger, L Mills, Samuel Jacoby, M Washburn, A T Abner, Louis Walker, H S Reed, H Kersbrock, C H Smead, and C Deal, 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 finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff in the sum of two hundred and forty dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendants, Jacob Fritschle and Joseph G Shands, the sum
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> Handwritten Page Number on Record Book: 262
aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefore.
**John L Sulton no 405 George W Lynch, Henry C Lynch and George Smizer**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants although duly called, come not, and plaintiff waiving a Jury submits this this cause to the Court upon the pleadings and proofs, and the Court doth find therefrom that the defendants are indebted to the plaintiff in the sum of Eleven hundred and sixty four dollars and eighty cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as found and also his costs herein expended and have execution therefore.
**James Roy and John Knower no 375 John H Hall, Clark J Morton and Leonidas A Hall**
On note.
Now at this day come the parties, by their respective attorney and the Court having duly heard and considered the demuner to the petition and being thereof, fully advised doth overrule the same; thereupon the plaintiffs, by their attorney, dismiss this suit as to the defendant, Leonidas A Hall, but the other defendants failing further to appear and pleas herein it is on motion of the plaintiffs ordered that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants John H Hall and Clark J Morton, are indebted to the plaintiffs in the sum of five hundred and fifteen dollars and thirty six cents. It is there fore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid a found and also then costs herein expended and have execution therefore.
**James Roy and John Knower no 377 Emilies F Kraft and Otto C Kraft**
On account.
Now at this day come the plaintiffs by their attorney and waiving a Jury submit this cause to the Court upon the petition and proofs and the Court having duly heard and considered the same doth assess the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of One hundred and fourteen dollars and seventy five cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid as assessed and also their costs herein expended and have execution therefore.
**Bernard McAnulty no 612 Andrew McMeechan and James Ballentine garnishees of Charles Maxwell et al**
Satisfaction.
John R Shepley, attorney for the plaintiff, comes in open Court and acknowledges to have received full and entire satisfaction of judgment rendered against the garnishees for the sum of three hundred and six dollars and thirty seven cents, on the twenty first day of December eighteen hundred and fifty seven.
**Ebenezer G Lawson et al no 376 John H Hall et al**
Continued by consent.
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**Bernard McAnulty no 607 Thomas Ryan, and F K Louthan garnt. of Maxwell and Mcmullen**
Satisfaction.
John R Shepley, attorney for the plaintiff, comes in open Court and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the fifteenth day of December, eighteen hundred and fifty seven for the sum of One hundred and ninety seven dollars and twenty nine cents.
**Bernard McAnulty no 611 J P Hanen Kamp and W R Hynes garnt. of Maxwell and Mcmullen**
Satisfaction.
John R Shepley, attorney for the plaintiff, comes in open Court and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the fifteenth day of December, eighteen hundred and fifty seven for the sum of four hundred and three dollars and fifty six cents.
**Bernard McAnulty no 604 Mark Hamilton grant. of Maxwell and McMullen**
Satisfaction.
John R Shepley, attorney for the plaintiff, comes in open Court and acknowledges to have recovered full and entire satisfaction of the judgment rendered herein against the said garnishee on the fifth day of December eighteen hundred and fifteen seven for the sum of One hundred and twenty four dollars and fifty cents.
**Bernard McAnulty no 600 Sydney Shackelford, John L Finney, William R Finney garnishees of Maxwell and McMullen**
Satisfaction.
John R Shepley, Esq, attorney for the plaintiff, comes in open Court and acknowledges to have received full and entire satisfaction of the judgment rendered against the said garnishees on the fourth day of December, eighteen hundred and fifty seven for the sum of One hundred and thirteen dollars and twenty four cents.
**Bernard McAnulty no 599 George W Thomas and Raymond A Papin garnt of Maxwell and McMullen**
Satisfaction.
John R Shepley, attorney for the plaintiff, comes in open Court and acknowledges to have received full and entire satisfaction of the judgment against the said garnishees on the day of December, eighteen hundred and fifty seven for sixty six dollars and sixty cents.
**Bernard McAnulty no 546 James F Small, C W Wells, T Wells, and JG Wells garnt. Of Maxwell and McMullen.**
Satisfaction.
John R Shepley, attorney for the plaintiff, comes in open Court and acknowledges to have received full and entire satisfaction of the judgment against the garnishees on the fourth day of December, eighteen hundred and fifty seven for four hundred and seventy nine dollars and eighty three cents.
**Maria L Brooks no 440 Daniel J Hancock**
Continued as on affidavit at plaintiffs costs on account of the absence of James O Alter and William F Alter, witnesses.
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> Handwritten Page Number on Record Book: 264
**James Hart no 388 Jesse Arnott etal**
Dismissal.
The court having duly heard and considered the motion to dismiss this suit for want of security for costs and being thereof fully advised doth order that the same be sustained and that this suit be dismissed at the costs of the said plaintiff and that execution issue therefore.
**In the matter of John Mudgett and William C James**
Upon the claims of A L Hardcastle and be against the assignment. By consent of parties the objections filed against the claims of A L Hardcastle and company and the demand for a Jury trial before the St Louis circuit court are withdraw. And by like consent it is ordered by the court that the said claims be referred back to the trustees for allowance, and that the notes and claims be delivered to John R Shepley, attorney for said A L Hardcastle and Company for that purpose. Agreement filed.
**In the matter of the assignment of John Mudgett and William C James**
Upon the claims of William Mudgett and Elizabeth Chadwick against said assignment. By consent of parties the objections filed against the claims of William Mudgett and Elizabeth Chadwick and the demand for a Jury trial before the St Louis Circuit Court are withdraw. And by like consent it is ordered by the court that the said claims be referred back to the trustees for allowance, and that the notes and claims be delivered to Samuel glover, attorney for said William Mudgett and Elizabeth Chadwick, for that purpose. Agreement filed. Notes and claims withdraw by said attorney.
**Francis Hatter no 341 William Hatter**
Decree of Divorce.
Now at this day comes the plaintiff, by her attorney, but the defendant, although duly called, comes not nor hath he answered herein, wherefore on motion of the plaintiff by her attorney it is ordered by the court that the petition herein be taken against him as confessed: and the court after heaving the proof herein being satisfied that the plaintiff is an innocent and injured party doth order adjudge and decree that she be absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant and be restored to all the right to and privileges of an unmarried person. And it appearing to the court that the defendant, from his habits and course of life, is an unsuitable person to have the care and control of the child, Thomas, mentioned in the petition, who is tender year, it is further ordered and adjudged that the said plaintiff have the care, custody control, and management of the infant child aforesaid, and that she recover of the said defendant her costs herein expended and the execution therefore.
**Charles Kingman no 401 John Gates**
Non suit.
Now at this day comes the defendant by his attorney but the plaintiff, although solemnly called, comes not; wherefore, on motion of the defendant, by his attorney it is ordered by the court that the said plaintiff be nonsuited, and that the defendant go hence without day and recover of the said plaintiff his costs herein expended and have execution therefore.
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> Handwritten Page Number on Record Book: 265
Court met pursuant to adjournment. Present as before.
**In the matter of Susan Muldoon**
Now at this day comes Many Muldoon, by her attorney, and files a petition praying for a Writ of Habeas Corpus to be directed to C Bain, Whereupon the Court doth order that said Writ issue in accordance with the prayer if said petitioner, returnable forthwith.
**Henry Killion and Daniel Killion no 477 Edward B Davis**
On note.
Now at this day come the parties by their respective attorney, and the defendant withdraw his answer herein and agrees with the plaintiffs that judgment may be rendered herein in favor the plaintiffs and against the defendant for the sum of two hundred and twenty nine dollars and twenty four cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as agreed upon and also their costs herein expended and have execution therefore. By consent of parties the issue of execution is stayed until the first day of February eighteen hundred and fifty nine.
**George Lefevre et al no 506 Walter D McIndoe et al**
Continued.
**George Lefevre et al no 849 Daniel J Wright et al garn.**
Continued.
**George Lefevre et al no 506 Walter D McIndoe et al**
Continued.
**George Lefevre et al no 849 Daniel J Wright et al garn.**
Continued.
**Benneth S Aden no 853 John Scott et al garn.**
Continued.
**Josiah W Kennedy no 471 John C Coock**
Continued by order of court.
**State to use of Julius Voelker no 431 John H Garnhart et al**
Continued by consent at defendants costs.
**Henry Killion and Daniel Killion no 478 Patrick Long**
On account.
Now at this day come the plaintiffs, by their attorney, and warning a Jury submit this cause to the Court upon the petition, exhibit and proofs and the Court having duly heard and considered the same doth assess the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of one hundred and fifty one dollars. It is therefore considered by the court that the said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefore.
**Angelina Lotze no 310 John Christopher Lotze**
Decree of Divorce.
Now a this day comes the plaintiff by her attorney, and thereupon the court proceeds to hear the proof herein and having duly heard and considered the same and being satisfied there from that the plaintiff is an innocent and injured party, it doth order adjudge and decree that she be absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant and he restored to all the rights and privileges of an unmarried person, and that her maiden name, Angelina Mahr, here stored to her. It is further ordered that the defendant pay the costs herein and that execution issue therefore.
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**Charles H Kellogg no 565 John H Hall, Lewis A Hall and Clark J Morton**
On notes.
Now at this day come the parties by their respective attorney and the defendants John Ho Hall and Clark. J Morton withdraw their answer herein, whereupon the plaintiff dismisses this suit as to the defendant, Lewis A Hall, but the other defendants failing further to appear and plead herein, it is, on motion of the plaintiff, by his attorneys ordered that the petition herein be taken against them as confessed: and the Court finds from the instruments of writing on which this action is founded that the defendants, John H Hall and Clark J Morton, are indebted to the plaintiff in the sum of four hundred and sixty four dollars and sixteen 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 also his costs herein expended and have execution therefore.
**Charles Hammond no 566 John H Hall Lewis A Hall, and Clark J Morton**
On Note.
Now at this day come the parties, by their respective attorney and the defendants, John H Hall and Clark J Morton, withdraw their answer herein, thereupon the plaintiff dismissed this suit as to the defendant, Lewis a Hall; and the after defendants failing further to appear and plead herein, it is therefore an motion of the plaintiff, by his attorney, ordered that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants John H Hall and Clark J Morton, are indebted to the plaintiff in the sum of three hundred and forty nine dollars and eighty four 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 also his costs herein expended and have execution therefore.
**Walter Edgerton no 407 Logan Sleeper and William M Lindley**
On account.
Now at this day comes the plaintiff by of his attorney, and on his motion leave is given Rufus Swain to amend the return of service on the defendant, William M Lindley; which amendment is accordingly made; but the said defendant Lindley although duly notified and called comes not but makes default, wherefore on motion of the plaintiff, by his attorney, it is ordered by the Court that the petition herein be taken against him as confessed; and the plaintiff, warning a Jury submits this cause to the Court upon the petition and proofs, and the Court having duly heard and considered the same doth assess the plaintiffs damages sustained by reason of the premises in the petition mentioned, at the sum of nine hundred and twelve dollars and eighty one cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants, Logan Sleeper and William M Lindley, the sum aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefore.
**Gottfreid Kleinmann no 11 John Helgenberg and Henry Boernstein**
Appeal to the Supreme Court.
Now at this day come the defendants, by their attorney, and file an affidavit for appeal, and the Court having duly considered the same doth order that an appeal to the Supreme Court be allowed said defendants from the judgment herein rendered. Thereupon the said defendants file an appeal bond, conditioned according to law, which bond is approved by the Court.
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> Handwritten Page Number on Record Book: 267
**Emma McCawley no 481 John McDowell, William McDowell and George W McDowell**
On notes.
Now at this day comes the plaintiff, by her attorney, and dismisses this suit as to the defendant, William McDowell, but the other defendants although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, by her attorney, it is ordered by the Court that the petition herein be taken against the said defendants as confessed: and the Court finds from the instruments of writing on which this action is founded that the defendants, John McDowell and George W McDowell, our indebted to the plaintiff in the sum of five thousand and thirty eight dollars and twenty one cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as found and also her costs herein expended and have execution therefore.
**John Hoffman no 475 Henry Boernstein, Augustus S Boernstein, and Francis P Blain**
On note.
Now at this day come the parties, by there respective attorneys, and the plaintiff dismisses this suit as to the defendants Francis P Blain, and the other defendants consent and agree with the plaintiff that judgment may be rendered in favor of the plaintiff and against the defendants for the sum of five hundred and fifty dollars and ninety five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as agreed upon together with interest there on at the rate of ten per cent per annum from this date until paid and also his costs herein expended and have execution therefore. By consent of parties execution is stayed until the first day of August, eighteen hundred and fifty nine.
**Henry E Warren no 38 Cornelius H Junison and Theodore J Junison**
On notes.
Now at this day come the parties by their respective attorneys, and agree that judgment may be rendered herein in favor of the plaintiff and against the defendants for the sum of seventeen hundred and twenty two dollars and fifty five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as agreed upon and also his costs herein expended and have execution therefore.
**Charles H Valentine to the use of The Saint Louis Insurance Company vs Bernard B Bratt Edward Bredell and Alfred Chadwick Executors and Farah A Collier, Executors of George Collier, deceased. Jerome Mulliken, & Napoleon B Mulliken, Executors of Charles Mulliken**
Satisfaction.
George K McGunnegle, president of the St Louis Insurance Company, comes in open Court and acknowledge to have received full and entire satisfaction at the judgment rendered May, seventeenth, eighteen hundred and fifty five, for the sum of thirteen hundred and seventy five dollars.
**Isaac J Green vs John Maguire**
Satisfaction.
Now t this day comes the plaintiff in proper person, and acknowledge to have received full and entire satisfaction of the judgment by confession herein on the fourteenth day of June, eighteen hundred and fifty three, for the sum of three thousand seven hundred and fifty three dollars and twenty two cents.
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**Wilson King no 312 The Ohio and Mississippi rail road Company and Joshua W Alexander**
On note.
Now at this day comes the plaintiff and the defendant, Joshua Alexander, by their respective attorneys, but the defendant the Ohio and Mississippi Rail Road Company, although duly summoned and called comes not, wherefore, on motion of the plaintiff, by his attorney, it is ordered by the court that the petition herein be taken against the said defendant as confessed: and thereupon come a Jury, to wit. Philip reason; H Weissenfeld, L Gravier, John Fowler, Charles Able, J May, A Leisse, O P Koenig, P Michael, Isaiah Miller, John Morrill and john Cunningham, twelve good and lawful men, who being duly elected trial and sworn the issues herein joined well and truly to try the trial progressed but not being finished further proceedings are laid over until tomorrow morning.
**John Fisher no 428 Henry Kattleman etal**
Now at this day comes the attorney for the plaintiff and suggests to the Court that service the commencement of this suit the said plaintiff has departed this life, wherefore on motion of said attorney it is ordered that this cause be continued until the next term of this Court.
**James F Glenn no 38 William E Sattmarsh et al**
On motion of the plaintiff by his attorney, it is ordered that an alias Scire Facias issue herein to bring in J E Thompson administrator of Charles H Sattmarsh deceased, Cause continued to next term.
**George Bauemann vs James Boultinghous**
Attachment.
Order of Application.
The plaintiff, by his attorney, files a petition and affidavit from which it appease that the defendant is a non resident of the State of Missouri, therefore, on motion of said plaintiffs attorney, it is ordered that he be notified that civil action has been commenced against him founded on a note for the sum of four hundred and eighty five dollars and twenty four cents, and that his property has been attached, and unless he be and appear at the next turn of this Court to be begun and held at the city of St Louis within and for the country of St Louis on the fourth Monday of February next, and on or before the third day thereof answer the plaintiffs petition, judgment will be 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 Missouri Democrat a newspaper printed and Published in the City of St Louis.
**Jermina A Crisman vs William Crisman**
Order of Publication.
The plaintiff, by her attorney, comes and files a petition and affidavit from which it appears that that the defendant is a non resident of the State of Missouri, therefore, on motion of said plaintiffs attorney, it is ordered that he be notified that a civil action has been commenced against him to obtain a decree of divorce and that unless he be and appear at the next term of this court to be begun and held in the City of St Louis, within and for the County of St Louis, on the fourth Monday of February next, and on or before the sixth day thereof answer the plaintiffs petition the same will be taken against him as confessed. It is further ordered that a copy hereof be published, according to law, in the Daily Express a newspaper printed and published in the City of St Louis.
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**Globe Mutual Ins Co no 404 William P Davis et al**
The Court having duly heard and considered the application of the defendant for a continuance herein doth order that the same be overruled.
**Victor A Sartori no 79 Lucian H Fuller garn., of Samuel T Jacoby**
Interrogatories filed by leave of Court.
Court met pursuant to adjournment. Present as before.
**Spencer A Turner no 257 Thimothy Ryan**
Continued by consent.
**George G Bast no 250 David Jamison et al**
Continued.
**John McKnight no 354 George W Lynch**
Bill of Exception filed.
**Joseph W Gooding no 363 John Dean**
Motion to set aside judgment filed.
**Eugene Jaccard et al no 21 William C Anderson**
The Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth overrule the same, and the Court having also heard and considered the motion in arrest of judgment doth overrule the same.
**G A Scheidt no 551 John H Hall, L A Hall and Clark J Morton**
One Bill of Exchange.
Now at this day come the parties by their respective attorneys and the Court having duly heard and considered the demurer to the petition herein and being thereof fully advised doth overrule the same thereupon the plaintiff dismisses this suit as to the defendant L A Hall but the other defendants failing further to plead herein it is therefore on motion of the plaintiff by his attorney ordered that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants John N Hall and Clark J Morton, are indebted to the plaintiff in the sum of thirty eight hundred and fourteen dollars and sixty nine cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as found and also his costs herein expended and have execution therefor.
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**Peter J Hurck, Truster Pock, Joseph O'Neil, Peter B Garesche, and John C Ivory no 787. William Provost, Senior, William Provost, Junior and Jourissant Racine, guardian of William Provost, Junior, Edward Gamache, and Thomas Leitenodorfer his guardian and Peter Delore, and Marie his wife.**
The Court having duly heard, and considered the motion to have the shares of the defendants set off in one lot and being thereof fully advised doth order that the same be and is hereby sustained. It is therefore ordered that the decree therefore rendered herein be and the same is set aside and for naught held and thereupon come the parties by their respective attorneys and submit this cause to the Court, and the Court, having duly heard and considered the same, and being fully advised of and concerning the premises, doth ascertain and determine that the parties plaintiff and defendant are the owners of the real estate described in the plaintiffs petition in this cause as follows, to wit: situate being and being in the County of St Louis aforesaid, to wit; first a tract of land of one and a half arpens in front from north to South and twenty arpens in depth from East to West situate in the Common Field of Carondelet being the East half of the tract confirmed to John Baptist Gamache Jr under Gregoire Sarpy, and known as united States survey member eighty eight (88). Secondly a piece of land situate in the Commons of St Louis in front of and adjoining the tract first above described on the East containing one acre forty three hundred this of an acre and being the same price or parcel of ground which was conveyed by the City of St Louis to John Baptist Gamache under the name of Baptist Gamache by deed dated February nineteenth, eighteen hundred and thirty nine in the Office of the Recorder of the St Louis County in book H 2 pages five hundred and eighty two; and the Court doth further ascertain and determine the respective rights and interests of said parties and their shares and proportions in said real estate is follows, to wit; the plaintiff, Peter J Hurck, is entitled to two undivided one hundred and forty fourths of said two pieces of land: that the plaintiff, Trusten Polk, is entitled to one undivided one hundred and forty fourth part of said two pieces of land: that the plaintiffs, Peter B Gareschi and Joseph O'Neil are together entitled to four undivided one hundred and forty fourths thereof: that the plaintiff, john Ivory, is entitled to fifty three undivided one hundred and forty fourths thereof in fee, and to a life of frances Vien Gamache she remaining a widow in the remaining eighty four one hundred and forty fourths thereof, and, that subject to the said life estate in said Ivory the defendants Marie Delore, wife of Peter Delore, and Edward Gamache are each entitled to twenty eight undivided one hundred and forty fourths thereof: and that subject likewise to said life estate, the defendant William Provost, Senior, as Coheir with William Provost, Junior, in the interest of his deceased children is entitled to eight undivided one hundred and forty fourths thereof: and subject to the same life estate the said William Provost for is entitled to twenty undivided one hundred and forty fourths thereof. And the aforesaid shares of the defendants are hereby ordered to be set apart in one lot together. The Court doth therefore order adjudge and decree that petition of said two tracts of land be made among said owners according to their respective rights and interests as above ascertained and determined.
**William H Oliver no 379 Adams Express Company**
Continued on application of plaintiff at his costs.
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> Handwritten Page Number on Record Book: 271
**Louis C Garnier no 270 The City Bank of St Louis**
It appearing to the Court that the Sheriff has made a return of the execution in this cause that no goods chattels lands and tenements can be found wheron to levy said execution, it is ordered by the Court on the application of the plaintiffs attorney, that a writ of attachment issue against the rights and credits of the defendants, reciting the judgment, execution and return and directed to the Sheriff of St Louis County.
**Louis C Garnier vs John Simonds and Luther McKennett garn of City Bank of St Louis**
On motion of the plaintiff, by his attorney it is ordered by the Court that the said garnishees be discharged at the costs of the said plaintiff and that execution issue therefor.
**Francis Cottinett and Henry L Atherton no 418 Morris Rosenheim and Martin Collins**
On note.
Now at this day come the parties, by their respective attorneys, and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court doth find there from that the defendants are indebted to the plaintiffs in the sum of five hundred and thirty dollars and sixty nine cents. It is therefore, considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid inform aforesaid as found and also their costs herein expended and have execution therefor. Motion for new trial filed.
**Samuel Guillaume Amadee C Fargis Anthony, Margaret, and Sebastian Dupont no 370 Morris Rosenheim and Martin Collins**
On note.
Now at this day come the parties, by their respective attorneys, and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court doth find there from that the defendants are indebted to the plaintiffs in the sum of Eight hundred and ten dollars and eighty one cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid as found and also their costs herein expended and have execution therefor. Motion for a new trial filed.
**Wilson King no 312 The Ohio and Mississippi Rail Road Company and Joshua W Alexander**
On notes.
Now at this day come again the parties by their respective attorneys, and on motion of the plaintiff, by his attorney, leave is given the Sheriff to amend his return herein by erasing, in the fifth line thereof, the words, "Isaac L," before the name of "Garrison," and interlining "Daniel R" in lien thereof, which amendment in accordingly made; thereupon come also the Jury empannelled and sworn herein, whereupon the trial of this cause progressed and after some progress the plaintiff dismisses this suit as to the defendants, Alexander, wherefore it is ordered by the Court that the Jury aforesaid be discharged: and the Court finds from the instrument of writing on which this action is founded that the defendant the Ohio and Mississippi Rail Road Company is indebted to the plaintiff in the sum of four thousand one hundred and seventeen dollars and forty eight cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid as found, and also his costs herein expended and have execution therefor.
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**Cresson, Stewart, and Peterson. no 554 John H Hall, L A Hall and Morton J Clark.**
On note.
Now at this day come the plaintiffs, by their attorney, and on their motion leave is given to amend the petition herein so as to make the name of the defendant," Morton J Clark, read Clark J Morton, which amendments is accordingly made; thereupon the plaintiffs dismiss this suit as to the defendants, L A Hall, but the other defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs by their attorney it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants, John H Hall and Clark J Morton, are indebted to the plaintiffs in the sum of two hundred dollars and seventy three cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid inform aforesaid as found and also their costs herein expended and have execution therefor.
**John R Richard no 778 Joseph Foster**
On note.
Now at this day come the parties by their respective attorneys and the plaintiff withdraws his motion to strike out the amended answer herein and the defendant withdraws his amended answer herein, and thereupon the parties agree that judgment may be rendered herein in favor of the plaintiff and against the defendant for the sum of Eight hundred and three dollars and sixty six cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as agreed upon and also his costs herein expended and have execution therefor. By consent of parties the plaintiff withdraws the Exhibit a filed with the defendants answer. Copy of said Exhibit A filed.
**Samuel L Bolton no 40 William K Wilson et al**
The Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth overrule the same.
**The State of Missouri to the law of Charles Fink no 115 Albert Billings, George W Billings, and Charles B Hubbell**
Satisfaction.
L M Shreve, plaintiff attorney, comes in open Court and acknowledges full and entire satisfaction of the judgment rendered herein on the nineteenth day of November eighteen hundred and fifty eight for the sum of one hundred dollars.
**Thomas Scott no 602 Charles F Hoelzle**
The Court having duly heard and considered the motion to set aside the judgment herein and being thereof fully advised doth order that the same be overruled.
**Henry Overstolz et al no 647 Abram Depew**
Dismissal.
On motion of the plaintiffs, by their attorney it is ordered by the Court that this cause be dismissed at the costs of the said plaintiffs avid that execution issue therefor.
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> Handwritten Page Number on Record Book: 273
**Charles R Alexanderson no 876 Charles D Colman et al garn of McDonald etal**
On motion leave in given the garnishee to amend his answer by interlining on the second and third pages thereof the words but never was nor has been accepted by him in writing. The plaintiff withdraws his Exceptions to said answer.
**Armelder F Pack no 15 Francis Hudson**
The Court having duly heard and considered the motion to dissolve the injunction herein doth overrule the same.
**William W Wakelam no 128 Charles H Valentine et al**
On motion of the defendants, by their attorney leave is given to amend the amended answer by striking out the words Alexander and Brown, impleaded with Charles H Valentine and B W Carter," wherever the same occur, and making it the answer of the defendant Valentine, also: and the Court having duly heard and considered the motion for judgment against the defendant Valentine, doth overrule the same.
**George Y Presbury no 740 Marcus A Wolf**
The Court having duly heard and considered the motion to quash the Sheriff return on the amended petition and being thereof fully advised, doth order that the same be sustained.
**In the matter of Louis of Picot trustee under the Will of Ann Biddle**
Copy of order for production of papers and Sheriffs return on same filed.
**In the matter of 899 Susan Muldoon**
Habeas Corpus, On Petition of Mary Muldoon. Now at this day come as well the petitioner as the respondent with the body of Susan Muldoon, and also the Writ of Habeas Corpus to him directed with his return endorsed thereon, and the Court after an examination of the matter herein being of opinion that said Susan Muldoon is illegally restrained of her liberty doth order that she be discharged from the custody of said respondent and be delivered forthwith into custody and charge of the said petition and that the said petition pay the costs of this proceeding.
**Louis G Picot no 773 Moies and Woodward**
Agreement of parties filed.
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> Handwritten Page Number on Record Book: 274
Court met pursuant to adjournment. Present as before.
**Henry J Mudd et al no 498 George Y Bast**
Continued generally.
**Francis M Millen no 482 George W Millen**
Continued by consent.
**Robert Jackson no 842 Mallet C Jackson**
Continued generally.
**Ellen Doogan no 537 Thomas J Doogan**
Continued.
**Tallmady Stevens no 523 Charles Burchard**
Continued as on affidavit at plaintiffs costs.
**John M Richardson administrator of Joseph Richardson deceased vs Thomas B Banderson**
Order for Delivery.
The Plaintiff comes and files a petition and affidavit according to law claiming the possession of certain personal property therein described; wherefore it is ordered that the defendant deliver the property specified in said 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.
**Richard R Field, Reuben Beardslee, John K Field, and Phineas Beardslee no 533 John Helgenberg**
On note.
Now at this day come the parties, by their respective attorneys, and agree that judgment may be rendered herein in favor of the plaintiffs and against the defendant for the sum of three hundred and twenty five dollars and fifty two cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as agreed upon and also their costs herein expended and have execution therefor.
**Isaac Hawk no 550 Charles F Tracy**
On account.
Now at this day comes the plaintiff, by his attorney but the defendant although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiff, by his attorney it is ordered by the Court that the petition herein be taken against him as confessed; and no Jury being required this cause in submitted to the Court upon the petition exhibit and proofs and the Court doth find there from that the defendant is indebted to the plaintiff in the sum of three hundred and twenty five dollars and fourteen cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**Michael S Mephaim et al no 17 John Nevison**
On motion of the plaintiff by his attorney it is ordered that James Castello, late Sheriff of St Louis County pay over to said plaintiffs or to Francis Minor, their attorney of record, out of the funds in his hands whatever amount said plaintiffs may be entitled to upon the execution issued in their favor.
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> Handwritten Page Number on Record Book: 275
**Isaac W Mitchell no 304 A M Waterman, Henry J Darrah, and Chester W Pomeroy**
On Bill of Exchanges.
Now at this day come the plaintiff and the defendant Waterman, by their respective attorney, but the defendants Darrah and Pomeroy, although duly summoned and called come not but make default, wherefore on motion of the plaintiff, by his attorney, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendants Darrah and Pomeroy, are indebted to the plaintiff in the sum of thirteen hundred and seventy three dollars and seventy three cents; and the defendant Waterman agrees with the plaintiff that judgment may be rendered against him for the amount above mentioned. 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 agreed upon and also his costs herein his costs herein expended and have execution therefor.
**Louis Lyon no 488 Miles Y Moies and H M Woodward**
On notes.
Now at this come the plaintiff and the defendant, Moies, by their respective attorneys, and the defendant Moies withdraws his answer herein leaving this suit undefended, but the defendant Woodward although duly summoned and called comes not, It is therefore on motion of the plaintiff by his attorney, ordered that the petition herein be taken against the said defendants as confessed: and the Court finds from the instruments of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of twenty three hundred and twenty nine dollars and ninety three cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as found and also his costs herein expended and have execution therefor.
**Richard H Smith vs Thomas Seaverson**
Order of Publication- Attachment
The Sheriff having made return that Therefore defendant cannot be found and the Court being satisfied that process cannot be served upon him; Therefore, on motion of plaintiffs attorney it is ordered by the Court that he be notified that a civil action has been commenced against him for the sum of five thousand one hundred and thirty six dollars and thirty three cents, for goods, waves and merchandise sold and delivered to the defendant by the plaintiff, and that his property has been attached; and unless he be and appear at the next term of this Court, to be begun and held at the City of St Louis within and for the County of St Louis on the fourth Monday, of February next, and on or before the third day thereof answer the plaintiff petition judgment will be 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 Missouri Republication a newspaper printed and published in the City of St Louis.
**John O'Cannon no 558 Daniel R Grace et al**
The Court having duly heard and considered the motion to set aside the default herein doth overrule the same.
**Samuel Mount no 579 Samuel Denny et al**
Continued as on affidavit at defendants costs.
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**James Waugh no 514 Leon Papin, Alphonse Dupre, Robert Waugh, William W Waugh, James C Waugh, Eugene Papin and Josephine Papin**
Order of Publication.
The Sheriff having made return that the defendants Eugene and Josephine Papin cannot be found and the Court being satisfied that process cannot be served upon them, therefore, on motion of petitioners attorney, it is ordered that they be notified that a civil action has been commenced against them, the object of which is to obtain a decree ratifying and confirming the original proceedings in partition and sale of a certain lot in the City of Carondelet, and to quiet the title to said premises and nest the same in the petitioner, and unless they be and appear at the next term of this Court, to be begun and held at the City of St Louis, within and for the County of St Louis, on the fourth Monday of February next, and on or before the sixth day thereof answer the petition herein, the same will be taken against them as confessed. It is further ordered that a copy hereof be published according to law in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
**August Rigele etal no 511 Fredrick Sickemeyer**
The Court having duly heard and considered the demurrer to the petition and being thereof fully advised doth sustained the same. Leave is given the plaintiffs to amend.
**Joseph K Oglesby no 627 Samuel Myerson etal**
Order for Production of Paper.
Now at this day comes the plaintiff, by his attorney, and files a petition for an order on the defendant, Samuel Myerson, to produce a certain paper therein mentioned and the Court having duly heard and considered the said petition doth order that the said Samuel Myerson produce on the trial of this cause a certain bill of sale of a negro Slave named Mary made by the plaintiff to said Myerson on or about the fifteenth day of august eighteen hundred and fifty eight, to be used as evidence herein.
**John M Krum and Chester Harding Jr assignment of the Charles Rogers, James Anderson and William L Salisbury vs William B Watson, Eleager Beard and George W Beard**
Now at this day come the parties by their respective attorneys, and the plaintiffs dismiss this suit as to the defendant, Watson; and neither party requiring a Jury, this cause is submitted to the Court upon the pleadings and proofs, in accordance with the stipulation heretofore filed herein; and the Court having duly heard and considered the same doth find there from that the defendants, Eleager of Beard and George W Beard, are indebted to the plaintiff in the sum of five hundred and eighty five dollars and eighty one cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor. Motion for a new trial filed and the Court having duly heard and considered the same doth order that said motion be overruled.
**Isaac Bernheimer etal no 94 Abraham Newmark**
Dismissal.
By consent of parties it is ordered by the Court that the suit be dismissed at the costs of the defendant and that execution issue therefor.
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> Handwritten Page Number on Record Book: 277
**Henry Buesmeyer no 513. John Nicholay**
**Henry Buesmeyer no 512 John Nicholay and Fritz Pittman**
The defendant files a motion to consolidate these actions.
**Joseph Fainsworth no 284 The Terre Haute Alton St Louis Rail Road Co**
The Court having duly heard and considered the motion for execution herein and being thereof fully advised doth overrule the same.
**Francis Cornet no 500 William Streit**
On note.
Now at this day come the parties by their respective attorneys, and the defendant withdraw his answer herein, and the parties consent and agree that judgment may be rendered herein favor of the plaintiff and against the defendant for the sum of six hundred and thirty three dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid inform aforesaid as agreed upon and also his costs herein expended and have execution therefor.
**SteamBoat Wm M Morrison no 290 Elisha W Brown etal**
The defendants, by their attorney withdraw their motion to strike out parts of petition. The Court having duly heard and considered the motion to strike out parts of answer doth overrule the same. Amended answer filed by leave.
**Stephen Haskell et al no 421 Cornelius D Sullivan**
Motion for new trial and affidavit in support of same filed.
**Alexis Mudd et al no 499 Thomas Ratcliffe and John J Cadien**
Now at this day come the plaintiffs by their attorneys, but the defendant, Ratcliffe, although duly summoned and called, comes not but makes default wherefore on motion of the plaintiffs, by their attorney, it is ordered by the Court that the petition herein be taken against him as confessed. On motion of the said plaintiffs by their attorney, it is ordered by the Court that an alias summons issue herein for the defendant John Cadien, returnable to the next term of this Court.
**Eugene Guenadon no 331 The German Savings Institution and Charles Mick**
Non suit.
Now at this day come the parties, by their respective attorneys and waiving a Jury submit this cause to the Court upon the pleading and proof and thereupon the trial progressed and being finished the plaintiff says he will not further prosecute his suit herein but voluntarily taken a non suit. It is therefore considered by the Court that the said plaintiff take nothing by his suit herein but that the said defendants go hence without day and recover of the said plaintiff their costs herein expended and have execution therefor. On motion of the defendants, by their attorney it is ordered by the Court that the sum
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> Handwritten Page Number on Record Book: 278
deposited in this Court with the Clerk thereof be repaid to the defendant the German Savings Institution.
**Henry Buesmeyer no 513 John Nicholay**
By consent of parties it is ordered that this cause be referred to William M Cooke to hear and determine the matters in controversy herein, and that he report thereof as early as practicable.
**Bernard S Pratte etal no 549 Gilman Chouteau etal**
Motion to suppress deposition filed.
**Edward Jarvis no 548 James Cohicks**
Continued by consent.
**Wilhelmina Richard no 408 The Manhattan Life Insurance Company of New York**
On Policy of Insurance.
Now at this day come the parties by their respective attorneys and thereupon come also a Jury to wit; N Beck, William Provost H Rives, J T Greene, M Sifart, J S F Bernard, J E Shorb, James S Little, Levi Block, L X Perrin, Henry Meyer, and M Becker, twelve good and lawful men who being duly elected tried and sworn the issues herein joined well and truly to try the trial progressed but not being finished further proceedings are continued until tomorrow morning.
**Peter J Hurck et al no 787 William Provost etal**
Appointment of Commissions.
On motion of the defendants by their attorney, it is ordered by the Court that Sullivan Blood, James Y Barry, and George Knapp be appointed Commissioners to make partition of the property recording to the judgment heretofore rendered herein and the said Commissioners are hereby required to make report of their proceedings to this Court without delay.
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Court met pursuant to adjournment. Present as before.
John D Champion, Who is personally known to the Court, comes in open Court and acknowledge the execution of a deed of emancipation to his negro slave named Jane, thirty four years of age, about five feet in height of a bright mulat to complexion.
**Julius R Smith No 143 James D Houseman**
By consent of parties leave is given the Commissioner to withdraw the deposition taken in the state of Louisiana.
**James K Fisher No 595 R J Tunstall etal**
Continued by consent at plaintiffs costs. Leave given to file an amended petition.
**Lucinda Hempstead admr etal Vs John K Hemstead etal**
Report of Commissioner filed.
**Eugene Guenadon No 331 The German Savings Institution etal**
Motion to set aside non suit filed by defendant Micke.
**August Rigele etal No 511 Frederick Sickemeyer**
Continued as on affidavit at defendants costs.
**Luther Laflin et al No 861 Marvin Porter et al garn of grady etal**
answer of garnishees filed by leave of Court.
**John B Bogark No 673 Robert M O Blenis**
On notes.
Now at this day comes the plaintiff, by his attorneys, but the defendant although duly summoned and called comes not but makes default, wherefore on motion of the plaintiff, by his attorney, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instruments of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of fourteen hundred and six dollars and seventy five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid inform aforesaid as found and also his costs herein expended and have execution therefor.
**Luther Laflin etal No 95 Thomas R Grady etal**
On motion of plaintiffs by their attorneys, leave is given the Sheriff to amend his return herein so as to conform to the facts; which amendment is accordingly made by inserting in the fifth line thereof the word Marvin, and in the ninth line thereof the word Kirkwood.
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**The Citizen Insurance Company of Missouri no 649 Gerhard Bensberg, Otho Igel, Jacob Bensberg, Joseph C Barlow, J Peter amba, Jacob Amba and Charles C Reuss**
On note.
Now at this day come the parties by their respective attorneys, and the plaintiff dismisses this suit as to the defendant, otho Igel, and the other defendants withdraw draw their answers herein and consent and agree with the plaintiff that judgment may be rendered herein in favor of the plaintiff and against the defendants for the sum of nine hundred and twenty four dollars and ten cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid as agreed upon and also its costs herein expended and have execution therefor. By consent of parties, and according to agreement filed, it is ordered that execution be stayed for eight months from this date, and that the above judgment be paid in monthly installments of One hundred dollars each until the whole amount is paid, and in case any monthly installment shall remain in assess and unpaid for one month after the same shall become due then executive may issue for the balance of the above judgment remaining unpaid.
**Frederick R Joe Water no 640 Jacob Bensberg Gerhard Bensberg and Joseph C Barlow**
On notes.
Now at this day come the parties, by their respective attorneys, and the defendants withdraw their answers herein and failing further to plead herein, it is therefore, on motion of the plaintiff, by his attorney, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instruments of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of five hundred and seventy six dollars and four cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants to the sum aforesaid inform aforesaid as found and also his costs herein, expended and have execution therefor.
**Jacob Woodburn and Thomas Scott no 661 Herman H Brocksmith**
On account.
Now at this day come the plaintiffs, by their attorney, and waiving a Jury, submit this cause to the Court upon the pleadings and proofs, and the Court doth find there from that the defendant is indebted to the plaintiff in the sum of two hundred and five dollars and seventy seven cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid as found and also their costs herein expended and have execution therefor.
**John S Thompson, William R White, and Hiram a Pryor no 686 James H McCullough and Charles Webb**
On note.
Now at this day come the parties, 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 there from that the defendants are indebted to the plaintiff in the sum of fourteen hundred and sixty nine dollars and nineteen unto. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
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**Reinhardt Lurkens no 309 Henry Ossing and Edward Eisfelder**
On note.
Now at this day come the parties, by their respective attorneys, and the defendant, Ossing enters his appearance herein and consents that judgment may be rendered herein against him and in favor of the plaintiff for the sum of five hundred and fifty eight dollars and twenty cents; and the plaintiff and the defendant, Eisfelder, 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 therefrom that the defendant Eisfelder, is indebted to the plaintiff in the sum of five hundred and fifty eight dollars and twenty cents. It is therefore considered by that they said plaintiff recover of the said defendants the sum aforesaid inform aforesaid as found and agreed upon and also his costs herein expended and have execution therefor.
**The Mutual Savings Institution no 605 Jacob Fritschle, Henry Pilkington and Samuel B Pilkington**
On note.
Now at this day come the plaintiff and the defendants Henry Pilkington and Samuel S Pilkington, by their respective attorneys, but the defendant Firtschle although duly summoned and called comes not but makes default; and the other defendants withdraw their answer herein leaving this suit undefended. It is therefore on motion of the plaintiff, by its attorney, ordered that the petition herein be taken against the defendants as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of three hundred and seventy four dollars and forty nine cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants to the sum aforesaid in form aforesaid as found and also its costs herein expended and have execution therefor.
**Wilhelmina Richadr no 408 The Manhattan Life Insurance Company of New York**
On Policy of Insurance.
Now at this day come again the parties by their respective attorneys, and also the Jury, empanelled and sworn herein and thereupon the trial progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess the damages at the sum of two thousand and thirty nine dollars and sixty 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 assessed and also her costs herein expended and have execution therefor motion for new trial field.
**Samuel Kirkman and John N Luke no 592 William M Barron and William L F Gage and James L Gage**
On notes.
Now at this day come the plaintiffs and the defendants W Y F Gage, by their respective attorneys, and the plaintiffs dismiss this suit as to the defendant, Barron, and on motion of said plaintiffs leave in given to amend the petition herein as to make it read "Walter L F" instead of William L F Gage; thereupon the said Walter L F Gage withdraws his answer herein leaving this suit undefended but the defendants James L Gage although duly summoned and called comes not but makes default. It is therefore on motion of the plaintiffs by their attorney ordered that the petition herein be taken against the said defendants as confessed: and the Court finds
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from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of two hundred and eighty nine dollars and seventy one cents. It is therefore considered by the court that the said plaintiffs recover of the said defendants the sum aforesaid asfound and also their costs herein expended and have execution therefor.
**August Leisse no 480 Bernard Rawie**
On account.
Now at this day come the parties by their respective attorneys, and thereupon come also a Jury, to wit; LL Bates, Peter Fagin, DH Hoffmann, R Schuser, Henry Seibert and Bryan Early, six good and lawful men, who being by consent duly elected tried and sworn the issues herein well and truly to try the trial progressed and being finished the Jury retire to consider of their verdict.
**Henry F Turner no 244 Joseph Davis**
Satisfaction.
Irwin of Smith, plaintiffs attorneys, acknowledges full and entire satisfaction of the judgment rendered herein on the sixteenth day of November eighteen hundred and fifty eight for the sum of two hundred and fifty six dollars and fifty four cents.
**Francis McFaul etal no 294 The St Louis Alton and Chicago Rail Road Co**
Continued on affidavit of defendant. Costs to abide result.
**Joseph L Derbin and Edward B Isett vs John H Sparr, Daniel Able etal**
Now at this day comes Henry Hitchcock, assignee of the judgment herein and submits his motion heretofore filed for an execution against the defendant Daniel Able to the Court and the Court having duly heard and considered the said motion order that the same be sustained, and that execution issue against the said Able as prayed for in said application.
**William Reynolds no 625 Robert L Jones, Richard Barry and Thomas Quigley**
Now at this day comes the plaintiff, by his attorney, but the defendants, Barry and Quigley although duly summoned and called come not but make default, wherefore, on motion of the plaintiff, by his attorney, it is ordered that the petition herein be taken against them as confessed, Alias Summons ordered for defendant, Jones.
**Mathias Mentrup no 517 John Valentine, Sigismund Hirschfield, and Samuel Jacoby**
Non suit.
Now at this day come the plaintiff and the defendant Jacoby, by their respective attorneys, and the plaintiff dismisses this suit as to Valentine and Hirschfield; and neither party requiring a Jury submit this cause to the Court upon the pleadings and proofs, and thereupon the trial progressed and being finished the plaintiff says he will not further prosecute this suit but voluntarily takes a nonsuit. It is therefore considered by the Court that the said plaintiff take
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nothing by his suit in this behalf but that the defendant go hence without day and recover of the said plaintiff his costs herein expended and have execution therefor.
**John O Cannon no 588 Daniel R Grace and Michael Cerre**
Now at this day come the parties by their respective attorneys and the defendants move the Court to set aside the default herein and the Court having duly heard and considered the said motion doth overrule the same; and thereupon come a Jury, to wit: N Bick, W Provost H Rives, J Green, Jisse arnot, John Duhn, McJicknor, a Differ back A Wilke, P P Porter, W Robertson, and W W Martinade, twelve good and gawful men who being duly elected tried and sworn the plaintiffs damages well and truly to assess the trial progressed and being finished the Jury retire to consider of their verdict.
**Carl Wittig vs John Ruedi**
The Court having duly heard and considered the motion to discharge and dissolve order staying execution and being thereof fully advised doth overrule the same.
**Thomas slevin etal No 812 Charles Fnty etal**
The court having duly heard and considered the motion to strike out parts of the answer herein doth overule the same.
**In the matter of Louis G Picot trustee under the Will of 58 Ann Biddle, deceased.**
Copy of Order for production of papers and sheriff return on same filed.
**Richard J McKenny no 251 Daniel D Page et al**
The Plaintiff, in person, comes and files an assignment to J Sr W J Wise of the judgment rendered herein on the twenty fourth day of February eighteen hundred and fifty eight for the sum of Eighteen hundred and seventy two dollars and eighty cents.
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Court met pursuant to adjournment. Present as before.
**W F Alter no 641 Daniel J Hancock**
Continued by consent at plaintiffs costs.
**James O Alter no 642 Daniel J Hancock**
Continued by consent at plaintiffs costs.
**Richard Knight no 702 Samuel Hambleton**
Continued as on affidavit at defendants costs.
**Justus Teuteberg no 679 Harris Newman**
Continued by consent.
**John Diemert no 646 Jacob Mufsler**
Continued by consent.
**In the matter of the assignment of Joseph Powell and John C Powell**
Inventory filed.
**Louis Roever et al no 714 Thomas Rutherford**
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.
**William F Ross et al no 598 DW Wheeler et al**
Continued by consent.
**Michael of Dohan and John T Tart no 88 Andrew of Morrison**
Order of Sale.
Michael S Cere, Esq, Sheriff of St Louis County, comes and files a statement from which it appears, that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit, and is likely to depreciate in value; it is therefore ordered, that said Sheriff sell said property according to law, and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
**Solomon Hoffheimer, Max Hoffheimer and Isaac Hoffheimer no 86 Andrew I Morrison**
Order of Sale. Michael S Cere, Esq, Sheriff of St Louis County, comes and files a statement from which it appears, that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit, and is likely to depreciate in value; it is therefore ordered, that said Sheriff sell said property according to law, and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
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**Solomon Hoffheimer Max Hoffheimer and Isaac Hoffheimer no 87 Andrew J Morrison**
Order of Sale.
Michael S Cere, Esq, Sheriff of St Louis County, comes and files a statement from which it appears, that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit, and is likely to depreciate in value; it is therefore ordered, that said Sheriff sell said property according to law, and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
**John H Locke no 79 Andrew J Morrison**
Order of Sale.
Michael S Cere, Esq, Sheriff of St Louis County, comes and files a statement from which it appears, that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit, and is likely to depreciate in value; it is therefore ordered, that said Sheriff sell said property according to law, and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
**Luther A Laflin, Solomon A Smith, Sylvester H Laflin, Fordyce H Laflin, and Joseph M Bois. no 78 Andrew J Morrison**
Order of Sale.
Michael S Cere, Esq, Sheriff of St Louis County, comes and files statement from which it appears, that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit, and is likely to depreciate in value; it is therefore ordered, that said Sheriff sell said property according to law, and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
**Nicholas Schaeffer Eberhardt Anhauser, James Reilly and Adolph Krauss no 80 Andrew J Morrison**
Order of Sale.
Michael S Cere, Esq, Sheriff of St Louis County, comes and files a statement from which it appears, that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit, and is likely to depreciate in value; it is therefore ordered, that said Sheriff sell said property according to law, and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
**Ohio and Mississippi Rail Road Company no 83. Andrew J Morrison**
Order of Sale.
Michael S Cere, Esq, Sheriff of St Louis County, comes and files a statement from which it appears, that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit, and is likely to depreciate in value; it is therefore ordered, that said Sheriff sell said property according to law, and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
**David Spahr et al no 628 Christian Schaffler et al**
Alias Summons ordered for Fox and cause continued.
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**Samuel P Catherwood and John H Catherwood vs 84 Andrew J Morrison**
Order of Sale.
Michael S Cerre, Esq, Sheriff of St Louis County, comes and files a statement from which it appears that the Keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit and is likely to depreciate in value; it is therefore ordered that said Sheriff sell said property according to law, and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
**C Goodwin, William H Goodwin, Andrew Murray and William H Sanford. vs 82 Andrew J Morrison**
Order of Sale.
Michael S Cere, Esq, Sheriff of St Louis County, comes and files a statement from which it appears that the Keeping of the property attached under the writ herein bill be attended with much expense before the probable termination of this suit and is likely to depreciate in value; it is therefore ordered that said Sheriff sell said property according to law and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
**Stephen W Montgomery Samuel Montgomery and Samuel Montgomery vs 91 Andrew J Morrison**
Order of Sale.
Michael S Cerre, Esq, Sheriff of St Louis County, comes and files a statement from which it appears that the Keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit and is likely to depreciate in value; it is therefore ordered that said Sheriff sell said property according to law and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
**Newton Flagg, Charles A Savage, and Isaac O Woodruff vs 689 Louis A Welton, James O Carson, Nicholas Springer, M Wannall, Richard F Smith and S G Cabball**
On note.
Now at this day come the parties, except the defendants Cabball, by their respective attorneys and the plaintiffs dismiss this suit as to said Cabball; and the other defendants consent and agree with the plaintiffs that judgment may be rendered herein in favor of said plaintiffs and against said defendants for the sum of twenty four hundred and twelve dollars and sixty nine cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid inform aforesaid as agreed upon and also their costs herein expended and have execution therefor.
**Phoebe J Allen vs William Allen**
Order of Publication.
The plaintiff files a petition and affidavit from which it appears that the defendant is a non resident of the State of Missouri; therefore on motion of the attorneys for said plaintiff, it is ordered that the defendant be notified that a civil action has been commenced against him to obtain a decree of divorce, and for other and general relief; and unless he be and appear at the next term of this Court, to be begun and held at the City, of St Louis within and for the County of St Louis on the fourth Monday of February next, and on or before the sixth day thereof answer the petition herein the same will be taken against him as confessed. It is further ordered that a copy hereof be published according to law in the Missouri Democrat, newspaper printed and published in the City of St Louis.
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**Hermann H Dickmann and Hermann H Kreft no 664 Michael S Cerre**
Judgment. Replevin.
Now at this day come the plaintiffs, by their attorney, and waiving a Jury submit this cause to the Court, upon the petition and proofs and the Court having duly heard and considered the same doth find that the plaintiffs are the owners of the property mentioned in the petition and delivered to them at the commencement of this suit by the Coroner of St Louis County, and doth assess their damages for the detention of the same at the sum of fifty five dollars. It is therefore considered by the Court that the said plaintiffs retain the possession of the said property and also recover of the said defendant the sum aforesaid as assessed together with their costs herein expended and have execution therefor.
**Charles Knapp Henry Carter and John H Butler no 709 Miles by Moies and Henry M Woodward**
On notes.
Now at this day come the parties, by their respective attorneys, and the defendant, Moies, withdraws his answer herein, leaving this suit undefended, wherefore on motion of the plaintiff by their attorney, it is ordered by the Court that the petition herein be taken against him as confessed: and the plaintiffs discontinues this suit as to the first note issued upon us to the defendant Woodward; and neither party requiring a Jury, this cause is submitted to the Court upon the petition, exhibits and answer, and the Court doth find thereform that the defendant, Woodward is indebted to the plaintiffs in the sum of twenty six hundred and twenty four dollars and fifty nine cents; and the Court doth further find from the instruments of writing on which this action is founded that the defendant, Moies is indebted to the plaintiffs in the sum of thirty three hundred and eighty seven dollars and sixty two cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid inform aforesaid by the Court found and also their costs herein expended and have execution therefor.
**John Ferguson and Richard B Wilkinson no 671 Louis A Welton**
On note.
Now at this day come the parties by their respective attorneys and their defendant withdraws his answer herein leaving this suit undefended, wherefore on motion of the plaintiff by his attorney it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of twelve hundred and thirty eight dollars and ninety six cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid inform aforesaid as found and also their costs herein expended and have execution therefor.
**Louis Charleville no 695 Zacharia Moore**
On account.
Now at this day comes the plaintiff, by his attorney and waiving a Jury submits this cause to the Court upon the petition, exhibits and proofs and the Court having duly heard and considered the same doth find there from that the defendant is indebted to the plaintiff in the sum of two hundred and twenty eight dollars and seven cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid inform aforesaid by the Court found and also his costs in this behalf expended and have execution therefor.
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**George W Cline and William C Jamison no 520 William C Martin**
On account.
Now at this day come the plaintiffs, by their attorneys and waiving a Jury submit this cause to the Court upon the petition and proofs, and the Court having duly heard and considered the same doth assess the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of One hundred and fifty two dollars and fifty cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid inform aforesaid as assessed and also their costs herein expended and have execution therefor.
**Martin Baer no 729 Henry Bursmeyer and John Nicolay**
On note.
Now at this day come the plaintiff and the defendant, Busmeyer, by their respective attorneys, but the defendant, Nicolay, although duly summoned and called comes not but makes default wherefore on motion of the plaintiff, by his attorney, It is ordered by the Court that the petition herein be taken against him as confessed: and neither party requiring 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 there from that the defendants are indebted to the plaintiff in the sum of two hundred and twenty eight dollars and thirty three 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 also his costs herein expended and have execution therefor. Judgment to bear interest at the rate of ten percent per annum from this date until paid.
**John Kennard and John Kennard Jr no 735 Joseph A Eddy**
On account.
Now at this day come the plaintiffs, by their attorneys and waiving a Jury submit this cause to the Court upon the petition and proofs, and the Court having duly heard and considered the same doth assess the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of two hundred and eighty three dollars. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid inform aforesaid as assessed and also their costs herein expended and have execution therefor.
**Globe Mutual Insurance Company no 464 William P Davis, James O Carson, and Nicholas Springer**
On note.
Now at this day come the plaintiff and the defendant, Carson and Springer, by their respective attorneys, and the plaintiff dismisses this suit as to the defendant, Davis; 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 there from that the defendants, Carson and Springer, are indebted to the plaintiff in the sum of nine hundred and one dollars and seventy seven cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid by the Court found and also its costs herein expended and have execution therefor.
**Julius H Smith no 143 James D Houseman**
By consent of parties, it is ordered by the Court that William H Osborn, the Commissioner herein, be allowed the sum of Seventy five dollars for his services and that the Receiver pay the said sum to said Commissioner out of the funds in his hands. Agreement filed, Depositions from Louisiana returned by Commissioner.
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**Joseph H Oglesby no 627 Samuel Myerson, Cornelius D Sullivan and Jeremiah T Sullivan**
On note.
Now at this day come the parties, by their respective attorneys, and thereupon come also a Jury to wit: Mo Sifart, J S F Bernard, J E Short, J S Lytle, L Block, L X Perrin, Henry Meyer, M Bicker, Jesse Amot, Jno Dunn, M Ticknon, and A Deffenbach, twelve good and lawful men, who being duly elected tired and sworn the issues herein joined well and truly to try the trial progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff, and assess the damages at the sum of twelve hundred and nineteen dollars and ten cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefore.
**Ann Griffin vs John Griffin**
Decree of Divorce.
Now at this day comes the plaintiff by her attorney, and on motion of said plaintiff, and the defendant having made default the Court proceeds to hear the proof herein, and having duly heard and considered the same and being satisfied therefrom of the good conduct of the plaintiff and that the plaintiff is an innocent and injured party, it doth order, adjudge and decree that she be absolutely and forever divorced from the bonds of matrimony by his contracted with the defendant and be restored to all the nights and privileges of an unmarried person. It is further ordered that the plaintiff pay the costs herein and that execution issue therefore.
**Rebecca A Crewse no 705 Benjamin F Crewse**
Decree of Divorce.
Now at this day comes the plaintiff by her attorney, but the defendant, although duly summoned and called comes but makes default, wherefore on motion of the plaintiff, by her attorney it is ordered by the Court that the petition herein be taken against him as confessed: and there upon the Court proceeds to hear the proofs, and having duly heard and considered the same, and being satisfied therefrom of the good conduct of the plaintiff, and that the plaintiff is an innocent and injured party, it doth order that she be absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant and be re stored to all the rights and privileges of an unmarried person. It is further ordered that the defendant pay the costs herein and that execution issue therefore.
**John C McCausland, John W Johnstone, and James M Johnstone no 568 Richard Foley and Patrick Mulloy**
On note.
Now at this day come the plaintiff and the defendant, Mulloy, by their respective attorneys, but the defendant, Foley, although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiffs, by their attorney, it is ordered by the Court that the petition herein be taken against him as confessed and the defendant, Mulloy files a motion for a continuance herein and the Court having duly heard and considered the said motion doth overruled the same; 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 therefrom that the defendants are indebted to the plaintiffs in the sum of Six hundred and thirty dollars and forty two cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found together with interest thereon at the rate of ten percent per annum from this date until paid and also their costs herein expended and have execution therefore.
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**John O. Cannon no 558 Daniel R Grace and Michael Cerre**
Judgment. Replevin
Now at this day come the parties again, by their respective attorneys, and also the Jury empanelled and sworn herein, and the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess the damages at the sum of One cent. It is therefore considered by the Court that the said plaintiff retrain the possession of the property mentioned in the petition and delivered to him at the commencement of this suit by the Coroner of St Louis County, and that he recover of the said defendants the sum aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefore.
**George B Murray no 697 Joseph M Ames and Clark Hooper**
On note.
Now at this day come the plaintiff and the defendant, Hooper, by their respective attorneys, and the plaintiff dismisses this suit as to the defendant, Joseph M Ames; 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 therefrom that the defendant, Hooper, is indebted to the plaintiff in the sum of three hundred and thirty one dollars and twenty one cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefore Judgment to bear interest at the rate of ten per cent per annum from this date until paid.
**August Leisse no 480 Bernard Rawie**
On account.
Now at this day come again the parties, by their respective attorneys, and also the Jury empanelled and sworn herein, and the Jury aforesaid upon their oaths aforesaid say they are unable to agree upon a verdict; wherefore it is ordered by the Court that the Jury aforesaid be discharged from the further consideration of this cause, and that this cause be continued until the next term of this Court/
**John H W Page vs Reuben C MCord, Charles W McCord, G Garrett, Miles G Moies, and Henry M Woodward**
Satisfaction.
M L Gray, plaintiffs attorney, come in open Court and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the Sixth day of October eighteen hundred and fifty eight for Six hundred and six dollars and twenty seven cents.
**John M Myers no 621 Benjamin Lithauer**
On note. Non Suit.
Now at this day come the parties, 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 after proceeding at some length the plaintiff says he will not further prosecute his suit herein but voluntarily takes a non suit. It is therefore considered by the Court that the said plaintiff take nothing by his suit in this behalf, but that the defendant go hence without day and recover of the plaintiff his costs herein expended and have execution therefore.
**Philip Stammles et al no 509 William Trilling**
Dismissal.
By consent of parties it is ordered by the Court that this suit be dismissed and that each party pay half of the costs herein and that execution issue therefore.
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**John F Lohlien no 691 Joseph Kung**
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.
**Charles Knapp etal no 710 Walter C Sell etal**
Alias Summons ordered for Walter C Sell.
**John L Derbin etal vs John H Span etal**
Notice of motion for leave to issue execution and sheriffs return on defendant Hayes filed.
**Henry Buesmeyer no 512 John Nicholay Henry Buesmeyer no 512 John Nicholay etal**
Motion to consolidate causes of action withdrawn.
**Henry Buesmeyer no 573. John Nicholay and Fritz Pillman**
Order of Publication.
The Sheriff having made return that the defendant. Pillman cannot be found and the Court being satisfied that process cannot be served upon him, therefore, on motion of the plaintiff, by his attorney, it is ordered, by the Court that he be notified, that a civil action has been commenced against him for the sum of One thousand dollars for a balance due on two larges sold and delivered by the plaintiff to the defendants 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, within and for the County of St Louis on the fourth Monday of February next, and on or before the sixth day thereof answer the petition herein 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 Herald a newspaper printed and published in the City of St Louis: and it is also ordered that an alias Summons issue herein for the said defendant Pillman returnable to the next term of this Court.
**John Gonsalis no 604 Isaac Gearhart etal**
Dismissal.
On motion of the plaintiff by his attorney it is ordered by the Court that this suit be dismissed at the costs of the said plaintiffs and that execution issue therefore.
**State of Missouri to the use of Seymour Voullaire trustee of William Hurd no 718 William H Tasker, Sheridan C Hunt, and James R Wiseman**
Now at this day come the parties by their respective attorney and thereupon come also a Jury, to wit: N Bick, William Provost, J C Rives, J T Green, J S F Bernard, J E Short, Henry Meyer, L D Bates, Peter Fagin, David Hoffman, H Sibert, and Bryan Carly, twelve good and lawful men, who being duly elected tired and sworn the issues herein joined well and truly to try the trial progressed but not being finished further proceedings are laid over until tomorrow morning.
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> Handwritten Page Number on Record Book: 292
**Peter J Hurck etal no 7 William Provost etal**
Motion to substitute other Commissioners filed.
**Maria L Brooks no 440 Daniel J Hancock**
Transcript of Judgment filed.
**George W Carpenter etal no 708 Morris D Myers**
Statement for continuance filed.
Court met pursuant to adjournment. Present as before.
**Globe Mutual Insurance Co no 464 James O Carson etal**
Motion for new trial filed.
**Pierre E Brulatour no 571 William O Wheeler etal**
Continued by order of Court.
**George Todd, Charles Todd and Washington Todd no 733 Ezra O English, John Burnes and Jacob Johann**
On account.
Now at this day come the plaintiffs, by their attorney and waiving a Jury submit this cause to the Court upon the petition and proofs, and the Court having duly heard and considered the same doth assess the plaintiffs damages sustained by reason of the premises in the petition mentioned at the sum of One hundred and forty five dollars and seventeen cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefore.
**Julia Ann Coover no 86 M C Walker etal**
The Court having duly heard and considered the motion to suppress the depositions for the plaintiff doth sustain the said motion as for as it relates to the depositions taken in the State of Ohio and doth overrule the said motion as to the other depositions. On motion leave is given the plaintiff to amend her petition herein within thirty days from this dates and this cause is continued to the next term of this Court.
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**Bernard S Pratt and George Bond no 549 Gilman Chouteau and James Edwards**
Now at this day come the parties by their respective attorneys, and submit the defendants motion to suppress he plaintiffs depositions to the Court and the Court having duly heard and considered the said motion doth overrule the same, thereupon come also a Jury, to wit; M Sifant, J S Lytle, L Block, L X Perrin, M Becker, R Schueser John Dunn, M Ticknar, A Diffenbach, A Wilke, William Robertson and W W Martindale, 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 finished the Jury aforesaid upon their oaths aforesaid find for the plaintiffs and assess the damages at the sum of ten hundred and twenty seven dollars and fourteen cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid inform aforesaid as assessed and also their costs herein expended and have execution therefore.
**Axel Dearborn, Bartlett Robinson and Thomas Louden no 721 The Terre Haute Alton and St Louise Rail Road Company**
On note.
Now at this day come the parties, 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 there from trial the defendant is indebted to the plaintiffs in the sum of twenty hundred and ninety three dollars and thirty three 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 also their costs herein expended and have execution therefore.
**The State of Missouri which sues to the use of Seymour Voullaire Trustee of William Hurd no 718 William H Tasker, Sheridan C Hunt, and James R Wiseman**
Now at this day come again the parties, by their respective attorneys, and the Jury empanelled and sworn herein also come, and thereupon the trial of this cause progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess the damages at the sum of twenty five hundred and eighty eight dollars and seventy five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid inform aforesaid by the Jury assessed and also his costs herein expended and have execution therefore.
**George W Brooks no 487 Allen Brown**
The Court having duly heard and considered the motion to set aside the verdict of the Jury upon the plea in the nature of a plea in abatement, and being thereof fully advised doth overrule the same. On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be set for trial on the twenty first day of December inst.
**Felix Caste etal no 265 The City of St Louis etal**
The Court having duly heard and considered the demurrer to the amended petition and being thereof fully advised doth order that the same be overruled.
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**Squire Hall Jr no 269 William H Deriar**
The Court having duly heard and considered the motion to set aside the non suit herein and being thereof fully advised doth order that the same be overruled.
**John R Jennings no 173 Mary Jennings**
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 that this suit do abate.
**William Nixon vs Eliza Nixon**
Order of Publication.
Now at this day comes the plaintiff, by his attorney, and files a petition and affidavit from which it appears that the defendant is a non resident of the State of Missouri; it is therefore on motion of plaintiffs attorney, ordered that said defendant be notified of the commencement of this suit, the abject of which is to obtain a decree of divorce, and unless she be and appear at the next term of this Court, to be begun and held at the City of St Louis within and for the County of St Louis, on the fourth Monday of February next, and on or before the sixth day thereof answer the plaintiffs petition the same will be taken against her as confessed. It is further ordered that a copy hereof be published, according to law, in the St Louis Daily morning Herald a newspaper printed and published in the City of St Louis.
**Ernest Brey no 588 George J Barnett and M Weber**
Now at this day come the parties, by their respective attorneys, and thereupon come also a Jury, to wit: M Sifart, J S Lytle, L X Perrin, M Becker, R Schueser, John Dunn, Jesse arnot, M Ticknor, A Deffenbach, A Wilke, William Robertson, and W W Martindale, 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 finished the Jury aforesaid upon their oaths aforesaid find for the defendants. It is therefore considered by the Court that the said plaintiff take nothing by his suit in this behalf, but that the defendants go hence without day and recover of the said plaintiff their costs herein expended and have execution therefor.
**State Mutual Fire and Marine Insurance Company no 174 Daniel Weaver**
Assignment of judgment to Aaron McClure's administrator filed.
**John Nicholay no 728 W Priesmeier etal**
Answer of Bartold filed. Motion and affidavit for continuance filed.
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Court met pursuant to adjournment. Present as before.
James Castells, Late Sheriff of St Louis County, comes in Open Court and acknowledges the execution of a deed by him, as such Sheriff, to Sanford B Kellogg, of all the right, title, interest, claim, estate and property of John Sigerson in and to the following described property, to wit; situate lying and being in the Common of Carondelet South of the River Des Peres, to wit; Lot Number four (4) containing 37 05/100 arpens, Lot Number five (5) containing 37 60/100 arpens, Lot number six (6) containing 37 64/100 arpens, Lot number thirty seven (37) containing 38 47/100 arpens, Lot Number thirty eight (38) containing 39 10/100 arpens, Lot number forty (40) containing 39 98/100 arpens, Lot number forty one (41) containing 39 98/100 arpens, Lot number forty seven (47) containing 40 03/100 arpens, Lot number forty eight (48) containing 38 80/100 arpens, Lot number forty nine (49) containing 38 86/100 arpens, Lot number fifty (50) containing 39 16/100 arpens, Lot number fifty one (51) containing 39 27/100 arpens, Lot Number eighty (80) containing 38 76/100 arpens, Lot number eighty one (81) containing 38 80/100 arpens, Lot number eighty two (82) containing 39 121/100 arpens, Lot number eighty three (83) containing 49 14/100 arpens, Lot number eighty four (84) containing 37 91/100 arpens, Lot number eighty five (85) containing 39 98/100 arpens, also Lot number Seven (7) twenty three (23) and thirty three (33) in Block seventy nine (79) in Commons of St Louis, the West half of quarter block seventy nine, (79); and also Lots number thirty nine (39) and forty seven (47) in the East half of said quarter block which are more particularly described by deed recorded in Book 201 page 19 of record in Recorders Office of St Louis County, also Lot number Eighty nine (89) of the Survey of the Commons of Carondelet South of the River Des Peres; Sold by virtue of eight Executions; six of which issued from the St Louis Circuit Court, and all return able to the October Term eighteen hundred and fifty eight; one in favor of William H Smith, Isaac Lankershim and Charles L Hobbs and against Anapias Rice and John Sigerson, one in favor of Alfred M Waterman, and against John Sigerson and George Smizer, one in favor of George Rogers and against John Sigerson and John D Taylor one in favor of John Dalton against John Sigerson and George Smizer, one in favor of John Dalton, against John Sigerson, George Smizer, Joseph R Wendover, and Judson Allen, and one in favor of Septrmus Levering against John Sigerson; and one of said Executions issued from the St Louis Court of Common Pleas returnable to the October Term, eighteen hundred and fifty eight, in favor of Samuel and James Hale against John Sigerson and Anapias Rice; and one other of said executions issued from the St Louis Land Court in favor of George Wilby against John Sigerson, returnable to the October Term eighteen hundred and fifty eight; and also one other execution issued from the St Louis Circuit Court returnable to the October Term eighteen hundred and fifty eight in favor of Peter Haydon and Pollock Wilson against John Sigerson.
James Castello Late Sheriff of St Louis County, comes in Open Court and acknowledges the execution of a Deed by him as such sheriff to John F Manntel, Henry Butte and Mathias Booker, of all the right, title, interest, claim and estate of Jacob Schneider in and to the following described property, to wit: a certain piece or parcel of ground in City Block No 711, and described as follows: Beginning at a point in the Northern edge of Emmett street, sixty five feet Westwardly from the South East corner of the aforesaid clock; thence parallel with Jackson street Northwardly Sixty feet, thence Westwardly and parallel with said Emmett street fifteen feet, thence Southwardly and parallel with Jackson
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street sixty five feet to the Northern edge of said Emmett street; thence Eastwardly with the said Northern edge of Emmett street fifteen feet to the place of beginning: Sold by virtue of Execution issued from the Office of the Clerk of the St Louis Circuit Court in favor of John F Mauntel, Henry Bulte and Mathias Booker against Jacob Schneider returnable to the October Term eighteen hundred and fifty eight.
James Castello Late Sheriff of St Louis Country, comes in Court and acknowledges the execution of a deed by him, as Such Sheriff, to Catherine Ahoonan of all the right, title, interest, claim, estate and property of Eneas McFaul of in and to the following described real estate, to wit: Lots number 8, 9 and 10 of Block no 1 of the Second Subdivision in St Louis Commons, in the City and Country of St Louis, State of Missouri, containing 77 feet 6 inches front, by a depth of 121 feet; bounded South by Cherokee, East by Lot no 7, North by an alley, West by Indiana avenue. Also, Lots nos 25, 26, 27, 28, and 29 in Block no 2 of same Subdivision, containing 125 feet front, by a depth of 125 feet; bounded East by Indiana avenue. South by Cherokee street, West by an alley, North by Lot no 30, being in the Southwest quarter of Block 58 of De Ward's Survey. Also Lots no 1, 2, 3, 4 and 5 in Block no 1 of the same Subdivision containing 133 feet 3 inches front, by a depth of 125 feet; bounded South by Cherokee street, West by Lot no 6, North by and alley, East by Illinois avenue. Also Lots no 25, 26, 27, and 28, of the same Block and Subdivision, containing 102 feet 6 inches front, by a depth of 23 feet 3 inches; bounded West by Illinois avenue. North by What Utah street, East by alley, South by Lot no 24, and being in the Southeastern quarter of Block 53 of said Common, according to the Survey thereof made by Charles Deward, all being the same acquired by said Eneas McFaul by deed from the City of St Louis, dated 24th day of October, 1854, and recorded in Book no 161 and 10. Sold by virtue of four executions. one of which issued from the Office of the Clerk of the St Louis Circuit Court, returnable to the October Term, eighteen hundred and fifty eight, of said Court, in favor of Fitz Henry Warren and E M Thomas and against Eneas McFaul; and the other three of said executions issued from the Office of the Clerk of the St Louis Court of Corrdmon Pleas, returnable to the October Term, eighteen hundred and fifty eight, one in favor of Henry T Chiles and Walter E Carr and against Eneas McFaul, and another in favor of Patrick Kelly and against Eneas McFaul and the other infavor of Franklin Townsend and against Eneas McFaul.
James Castello Late Sheriff of St Louis Country, comes in open Court, and and acknowledges the execution of a deed by him as such Sheriff, to Wilson primm of all the right, title, interest, claim, estate, and property of John Sigerson of in and to the following described real estate, to wit: situate lying and being in the Common of Carondelet, South of River Des Peres, to wit: Lot number 42 containing 38 90/100 arpens, and lot no 46 containing 38 35/100 arpens, South of said River Des Peres. Sold by virtue of nine executions; seven of which issued from the St Louis Circuit Court, returnable to the October Term, eighteen hundred and fifty eight; one in favor of William H Smith Isaac Lankershin and Charles L Hobbs, and against Arapias Rice and John Sigerson, one in favor of Alfred M Waterman and against John Sigerson and George Smizer, one in favor of George Rogers and against John Sigerson and John D Taylor, one in favor of John Dalton and against John Sigerson and George Smizer, another in favor of John Dalton and against John Sigerson, George Smizer, Joseph R Wendover and Judson Allen, one in favor of Septimus Leveing and against John Sigerson, and one in favor of Peter Haydon and Pollock Wilson and against John Sigerson; and one of said Executions issued from the St Louis Court
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of Common Pleas returnable to October Term, eighteen hundred and fifty eight, in favor of Samuel and James Nale and against John Sigerson and Anapias Rice; and one other of said executions issued from the St Louis Land Court returnable to the October Term eighteen hundred and fifty eight, in favor of George. Wilby and against John Sigerson.
**Samuel H Gardner no 803. David H Armstrong**
Statement of issues filed.
**John C McCausland etal no 568 Richard Foley etal**
Motion for new trial filed.
**John S Thompson etal no 686 James H McCullough etal**
Motion for a new trial filed.
**State of Missouri use of Wm Hurd's trustee vs William H Tasker etal**
Motion for a new trial filed.
**Chittick Mortland no 675 William C Smith**
Petition.
Now at this day come the parties, by their respective attorneys, and thereupon come also a Jury, to wit; J C Rives J T Green; J S F Bernard, J E Shorb, Henry Meyer L L Bates, Peter Fagin, D Haffman, H Seibert, B Earley, M Ticknor, and P P Porter, 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 finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess the damages at the sum of one hundred and fifty dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefore.
**State of Missouri to the use of Michael Nerk, Nicholas Verden, Thomas Kirby, John Kirby and Jeremiah Henlett no 584 David Anderson, Samuel Bonner, and William H Barksdale**
Petition. Non suit.
Now at this day come the parties by their respective attorneys and thereupon come also a Jury to wit; N Beck William Provost, M Sifart, J S Lytle, L X Perrin, M Becker, Jesse arnot, John Dunn, A Diffenbach, A Wieke and W W Martindale, eleven good and lawful men, who being by consent duly elected tried and sworn the issues herein joined well and truly to try trial commenced and after proceeding at some length the plaintiff say they will not further prosecute their suit herein but voluntarily take a non suit. It is therefore considered by the Court that the said plaintiffs take nothing by their suit in this behalf but that the defendants go hence without day and recover of the said plaintiffs their costs and charges herein expended and have execution therefore.
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> Handwritten Page Number on Record Book: 298
**George W Carpenter, James Carpenter and John Fullerton vs 708 Morris D Myers**
On note.
Now at this day come the parties, by their respective attorneys, and submit the application of the defendant for a continuance to the Court and the Court having duly considered the said motion doth order that the same be overruled; 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 therefrom that the defendant is indebted to the plaintiffs in the sum of two hundred and thirty dollars and thirteen 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 also their costs herein expended and have execution therefore.
**James Andrews vs 720 B M Lynch**
Continued on affidavit at defendants costs.
**John O Cannon vs 588 Daniel R Grace etal**
Motion to set aside default and assessment of damages filed.
**John C Unseld vs James N Stephenson etal**
Depositions for defendants opened and filed.
Court met Pursuant to adjournment. Present as before.
**State of Missouri use of Michael Week etal vs 584 David Anderson etal**
Motion to set aside non suite and for new trial filed.
**Louis M Abrams vs Michael Ford**
Depositions for plaintiff ofened and filed.
**Arnelder F Pack vs 15 Francis Hudson**
Depositions for defendant opened and filed.
**Chittick Mortland vs 679 William F Smith**
Motion for new trial filed.
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> Handwritten Page Number on Record Book: 299
**George H Hill, Daniel H Hunnewell and Joseph S Hill vs 12 Frederick A Schimucker and James B Kimball**
Attachment. Order of Publication.
The plaintiffs, by their attorney, file an additional affidavit herein from which it appears that the defendants are non residents of the State if Missouri; therefore on motion of said attorney it is ordered by the Court that they be notified that a civil action has been commenced against there for the sum of three hundred and ninety nine dollars and sixteen cents, for goods sold and delivered to them by the plaintiffs; and that their property has been attached, and unless they be and appear at the next turn of this Court to be holden at the City of St Louis within and for the County of St Louis, on the fourth Monday of February next, and on or before the third day thereof answer the petition herein judgment will be 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, a newspaper printed and published in the City of St Louis.
**Patrick Poland and John Henry vs 11 Frederick A Schmucker and James B Kimball**
Attachment. Order of Publication.
The Byplaintiffs, by their attorney, file an additional affidavit from which it appears that the defendants are not residents of the state of Missouri, therefore motion of said attorney, it is ordered by the Court that they be notified that a civil action has been commenced against them for the sum of one hundred and sixty two dollars and twelve cents, for twelve barrells of Bourbon whiskey sold and delivered to them by the plaintiffs, and that their property has been attached, and unless they be and appear at the next term of this Court to be holden at the City of St Louis, within and for the County of St Louis, on the fourth Monday of February next, and on or before the third day thereof answer the petition herein judgment will be 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, a newspaper printed and published in the City of St Louis.
**Patrick K Higgins vs 21. Ellen Higgins**
Order of Publication.
The plaintiff having heretofore filed a petition and affidavit, stating that the defendant is a nonresident of the State of Missouri now, therefore, on motion of plaintiffs attorney it is ordered by the Court, that she be notified that a civil action has been commenced against her to obtain a decree of divorce, and unless she be and appear at the next term of this Court, to be holden at the city of St Louis, within and for the County of St Louis, on the fourth Monday of February next, and on or before the sixth day thereof answer the petition herein the same will be taken against her as confessed. It is further ordered that a copy hereof be published, according to law, in the Missouri Republican, a newspaper printed and published in the City of St Louis.
**Samuel Hager vs Allen Brown**
Order for Delivery.
The plaintiff comes and files a petition and affidavit according to law claiming the possession of certain personal property therein described; wherefore it is ordered that there defendant deliver the property specified in said petition to the Sheriff of St Louis County, and said Sheriff is here by 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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**John Schneider vs Frederick Mahner**
Order for Delivery.
The plaintiff comes and files a petition and affidavit according to law, claiming the possession of certain personal property therein described; wherefore it is ordered the defendant deliver the property specified in said 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.
**Henry M Buckner etal vs Frederick A Schmucker etal**
Objections to bond filed by Samuel Brookes.
**Henry M Buckner etal vs 8 Frederick A Schmucker etal**
Objections to Bond filed by Samuel Brooks.
**Bowman C Baker etal vs 9 Frederick A Schmucker etal**
Objections to Bond filed by Samuel Brooks.
**Stephen D Grofflin etal>lb/> vs Frederick A Schmucker etal**
Objections to Bond filed by Samuel Brooks.
**Patrick Poland etal vs 11 Frederick A schmucker etal**
Objections to Bond filed by Samuel Brooks.
**George H Hill etal vs 12 Frederick A Schmucker etal**
Objection to Bond filed by Samuel Brooks.
**Edward W Tiers etal vs 14 Frederick A Schmucker etal**
Objections to Bond filed by Samuel Brooks.
**Edward Hendricks, vs 16 Frederick A Schmucker etal**
Objections to bond filed by Samuel Brooks.
**John L Derbin etal vs John H Sparr etal**
Motion for leave to issue execution against Joseph Conway filed. Notice of motion for leave to issue execution and proof of service on John Hendricks filed.
**Henry S Parker etal vs 767 William Wade etal**
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 therefore.
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> Handwritten Page Number on Record Book: 301
**Frank K Derlin vs 462 Joseph W Clark, Edward Dodge, Luther C Clark, jay Cooke and Edward Chase.**
On Bill of Exchange.
Now at this day comes the parties, 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 for the plaintiff and assess his damages at the sum of four hundred and eighty dollars and twenty eight cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid assessed and also his costs herein expended and have execution therefore. Motion for new trial filed.
**George Fitzpatrick and Many Fitzpatrick vs 706 Emanuel Block and Henry Kennedy**
Petition.
Now at this day come the parties, by their respective attorney, and thereupon come also a Jury, to wit; N Bick, JC Rives, J J Green, JSJ Bernard Henry Meyer LL Bates, D Hoffman R Scheuser, Henry Seibert, M Jickner, Jesse Arnold, J S Lytle, twelve good and lawful men who being duly elected tired and sworn the issues herein joined well and truly to try, the trial progressed but not being finished further proceedings are continued until Monday morning.
**George B Murray vs 697 Joseph M Ames etal**
Motion for new trial filed.
**George N Carpenter etal vs 708 Morris D Myers**
Motion for new trial filed.
**E S Aden vs 849 John Scott etal garns of Dick and McClure**
Separate answer of John Scott and Exhibits filed.
**James C McNeil guardian of Crawford Porter vs 857 John Scott etal James of Dick and McClure**
Separate answers of W C Scott Clingan Scott and John Scott filed.
**James c McNeil vs 852 John Scott etal James of Dick and McClure**
Separate answers of W C Scott, Clingan Scott, and John Scott filed.
**James C McNeil guardian of C Porter vs 855 John Scott etal James of Dick and McClure**
Separate answers of W C Scott, Clingan Scott and John Scott filed.
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**Julia A Hanna vs 838 John Scott et al James of Dick and McClure**
Separate answers of W C Scott, Clingan Scott and John Scott filed.
**Julius H Smith vs 143. James D Houseman**
Exceptions to Commissioners Report filed.
**George W Brooks vs Allen Brown**
Answer filed.
**Charles Balmer vs 544 Philip Helgenberg**
Plaintiff, by his attorney, comes and files a remittitur for the sum of three hundred and thirty eight dollars and forty two cents of the judgment herein rendered for six hundred and eleven dollars and forty two cents.
**Percival Platt vs 10 William Bevard**
The Court having duly heard and considered the motion for judgment on the demurrer and being thereof fully advised doth overrule the same. Twenty days is given the plaintiff to amend.
**Benn C Platt vs 11 William Bevard**
The Court having duly heard and considered the motion for judgment on the demurrer and being thereof fully advised, doth overrule the same. Twenty days is given the plaintiff to amend.
**Felix Cache etal vs 265 The City of St Louis etal**
It is ordered that this cause be set for trial on the Sixth day of January next.
**John allen vs 672 Catharine L Papin etal**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this suit be dismissed at the costs of the said Plaintiffs and that execution issue therefore.
**Squire Hall Jr vs 260 William H Deriar**
Now at this day come the parties, by their respective attorneys and file separate affidavits for an appeal, wherefore, it is ordered by the Court that an appeal be allowed said parties to the Supreme Court from the judgment herein rendered. Bill of Exceptions filed.
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Court met pursuant to adjournment. Present as before.
**Louis G Picot vs 773. Miles G Moies and Henry M Woodward**
On notes.
Now at this day come the plaintiff and the defendant Moies, by their respective attorney, but the other defendant, although duly summoned and called, comes not but makes default; and the said defendant, Moies, withdraws his answer herein, and consents and agrees with the plaintiff that judgment may be rendered herein against him and in favor of the plaintiff for the sum of five hundred and thirty one dollars and eighty seven cents. And the Court finds from the instruments of writing on which this action is founded that the defendant, Woodward, is indebted to the plaintiff in the sum of five hundred and thirty one dollars and eighty seven 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 agreed upon, and also his costs herein expended and have execution therefore.
**Horace Whittemore, Robert B Whittemore and John F Carter vs 741 Herman Weiner, Otto Schnuhr, and Charles Attinger**
On notes.
Now at this day come the parties, by this respective 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 therefrom that the defendants are indebted to the plaintiffs in the sum of seven hundred and twenty three dollars and ninety eight cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid in form aforesaid as found together with interest therein at the rate of ten percent per annum from this date until paid and their costs herein expended and have execution therefore.
**Anthony H MenKens, and D Bernard MenKens, vs 736 James Duncan**
On note.
Now at this day come the parties, 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 name doth find therefrom that the defendant is indebted to the plaintiffs in the sum of ten hundred and three dollars and fifty eight cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid inform aforesaid as found and also their costs herein expended and have execution therefore.
**George B Cooper vs 811 The St Louis Alton and Chicago Rail Road company**
On notes.
Now at this day come the parties by their respective 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 there from, that the defendant is indebted to the plaintiff in the sum of four thousand four hundred and eighteen dollars and thirty six cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
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**Samuel Kirkman and John W Luke. vs 742 Horace D Brady**
On notes and account.
Now at this day come the plaintiffs, by their attorney, and waiving a Jury, submit this cause to the Court upon the petition, exhibits, and proof, and the Court having duly heard and considered the same, doth assess the plaintiffs damages at the sum of twenty six hundred and four dollars and seventy cents. It is therefore considered by the court that the said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefore.
**Freeman Little vs 750 James R Records and John a Smithers**
On note.
Now at this day come the parties, by their respective attorney, and the defendants withdraw their answer herein, leaving this action undefended, and failing further to appear and plead herein, it is, therefore, on motion of the plaintiff by his attorney ordered that the petition herein be taken against the said defendants as confessed: and the Court finds from the instrument of writing on which this action in founded that the defendants are indebted to the plaintiff in the sum of five hundred and forty one dollars and ninety two 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 also his costs herein expended and have execution therefore.
**Edward Dobyns vs 740 Henry J Watson**
On notes.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly called, comes not; and the plaintiff withdraw so much of petition as relates to two notes dated the first day of October eighteen hundred and forty four, one for eighty three dollars and ninety nine cents, and the after for one hundred dollars, and waiving a Jury submits this cause to the Court upon the pleadings and proofs and the Court heaving duly heard and considered the same, doth find there from that the defendant is indebted to the plaintiff in the sum of four hundred and twenty two dollars and thirty two cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefore.
**Geo Fitzpatrick and Mary Fitzpatrick vs 706 Emanuel Block and Henry Kennedy**
Petition.
Now at this day come the parties, by their respective attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiffs and assess their damages a the sum of one hundred dollars. It is therefore considered by the Court that the plaintiff recover of the defendants she sum aforesaid in form aforesaid by the Jury assessed and also their costs herein expended and have execution therefore.
**Henry G Poston vs 737 Daniel D Page and Henry D Bacon**
On motion of the plaintiff by his attorney, it is ordered by the Court that an alias Summons issue herein for the defendant, Henry D Bacon, returnable to the next term of this Court.
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**Viewer Page 309** (rcdbook1858_28_0308.jpg)
> Handwritten Page Number on Record Book: 305
**Augustus N Berthoud, receiver of the partnership credits and effects of the late firm of Houseman and Smith, Composed of James D Houseman and Julies H Smith vs 769 Henry W Williams**
Petition on Borrowed money.
Now at this day come the parties by their attorneys and agree that judgment may be rendered herein in favor of the plaintiff and against the defendant for the sum of One hundred and sixty one dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid inform aforesaid as agreed upon and also his costs herein expended and have execution therefor. By consent of parties execution is stayed three moths.
**Augustus N Berthoud receiver of the partnership credits and effects of the late firm of Houseman and smith, composed of James D Houseman, and Julius H Smith vs 804 Henry H Watson.**
Petition on Borrowed Money.
Now at this day come the parties, by their attorneys, and agree that judgment may be rendered herein against the defendant and in favor of the plaintiff for the sum of One hundred and eighty eight dollars and forty one cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid inform aforesaid as agreed upon and also his costs herein expended and have execution therefore. By consent of parties execution is stayed for Six months.
**George G Presbury vs 740 Marcus A Wolf**
Motion for judgment for want of answer to amended petition filed.
**Charles R Anderson vs 876 Charles D Holman et al garn.**
Separate denials of claims of Hooper and Phillips filed.
**B S Aden vs John Scott et al garn.**
Answer of C Scott filed.
**William H Wickersham vs 762 Mary C Wickersham**
Now at this day come the parties by their respective attorneys, and the defendant files an application and affidavit for a continuance herein and the Court having duly heard and considered the same doth order that the said application be overruled; thereupon the Court proceeds to hear the proof herein, but the hearing thereof not being finished further proceedings are laid over until tomorrow morning.
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> Handwritten Page Number on Record Book: 306
Court met pursuant to adjournment. Present as before.
**Louis H Abrams vs Marshall Ford**
Depositions for plaintiff opened and filed.
**Eugene Jackard et al vs 21 William C Anderson**
Motion for rehearing and affidavit in support thereof filed Affidavit of wm J Holland filed.
**In the matter of the assignment of Rogers, Anderson and Company**
Petition of James smith and Company for allowance of claim filed.
**George w Brooks vs Allen Brown**
Affidavit for continuance filed by defendant.
**The State if Missouri to the use of George Nagel and Frederick Nagel. vs Nowell J Calhoun, James J Small and C W Small**
Motion for judgment on Indemnification Bond. Agreement of parties this day filed, and in pursuance thereof this cause is dismissed at the costs of the plaintiffs, amounting to the sum of Sixty two dollars and fifty two cents, and in further pursuance of said agreement it is hereby ordered that James Castello, late Sheriff of the County of St Louis, do pay over to said George and Frederick Nagel, or their attorney of record, the balance of the money in his hands arising from the sale of the property attached in the suit Alkire, Calhoun and company against James Reed, after deducting said costs, which balance amounts to One hundred and seven dollars and thirty cents; which casts said Sheriff shall first pay out of said proceeds.
**Wesley J Alkire etal vs 1024 Frederick Nagel etal garn of James Reed**
By consent of parties, it is ordered by the Court that the garnishees he discharges at the costs of said plaintiffs and the execution issue therefore.
**Bennett S Aden vs 853. John Scott, Clingan Scott, and William C Scott, garn, of David Dick and Robert W McClure**
Now at this day come said garnishees, heaving heretofore filed herein their separate answers in this behalf, and it appearing from the said answers that the said garnishees when summoned in this be hall held for and as the property of said Dick and McClure, defendants herein, certain notes and evidences of debt mentioned in the said answers, and that the said notes and evidences of debt have been by said garnishees delivered into court, and the same being by order of this Court delivered to Henry Hitchcock, appointed Received in this behalf, for the purpose of collecting and setting the same, it is ordered that said garnishees be and they are here by respectively discharged of and from all further liability on account of the said evidences of debt by them so confessed and delivered into Court.
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**Viewer Page 311** (rcdbook1858_28_0310.jpg)
> Handwritten Page Number on Record Book: 307
**Bennet S Aden vs 103. David Dick and Robert W McClure**
On motion of plaintiff, the Court appoints Henry Hitchcock, Esq, Receiver in this behalf, for the purpose and with authority as by law in such case provided to receive settle and collect by action at law in his own name thereon or otherwise according to law, the notes and evidences of debt mentioned in the answer of John Scott, garnishee of said defendants and by said garnishee delivered into Court; whereupon the said Henry Hitchcock having qualified by making oath according to law and giving bond in the penal sum of five thousand dollars with John R Shepley, John M Krrem and Thomas H West, as his securities, which bond is approved by the Court, it is ordered that the said evidences of debt be delivered by the Clerk to the said Receiver and that he proceed to settle and collect the same without delay, and that he make report of his proceedings in that behalf.
**Julia Ann Hanna vs 858 John Scott, Clingan Scott, and William C Scott Garnishees of R W McClure**
Garnishment.
Now at this day come as well the plaintiff as the said garnishees, by their respective attorneys, and it appearing to the Court from the answers of said garnishees that at the time they were summoned herein as such they had in their possession belonging to the defendant, McClure, the sum of ninety seven dollars and seventy five cents, It is therefore considered by the Court that the said plaintiff recover of the said garnishees the sum aforesaid as confessed and have execution therefore, and that out of said sum she pay the costs as well of the original suit as of this proceeding. The sum often dollars is allowed each garnishee for answering herein.
**James C McNeil guardian of C Porter vs 855 John Scott, Clingan Scott, and William C Scott garnishees of R N McClure**
Garnishment.
Now at this day come as well the plaintiff as the garnishees, by their respective attorneys, and it appearing to the Court from the answers of said garnishees that at the time they were summoned herein as such they had in their possession belonging to the defendant, McClure, the sum of three hundred and thirty dollars and eighty seven cents. It is therefore considered by the Court that the said plaintiff recover of the said garnishees the sum aforesaid as confessed, and have execution therefore, and that out of said sum he pay the costs as well of the original suit as of this proceeding. The sum of ten dollars is allowed each garnishee for answering herein.
**James c McNeil guardian of Crawford Porter vs 857 John Scott, Clingan Scott, and William C Scott, garnishees of R N McClure.**
Garnishment.
Now at this day come as well the said plaintiff as the said garnishees, by their respective attorneys, and it appearing to the Court from the answers of the said garnishees that at the time they were summoned herein as such they were indebted to the defendant, McClure, in the sum of two hundred and forty one dollars and eighty cents. It is therefore considered by the Court that the said plaintiff recover of the said garnishees the sum aforesaid in form aforesaid as confessed and have execution therefore, and that out of said sum be pay the costs as well of the original suit as of this proceeding. The sum of ten dollars is allowed each garnishee for answering herein.
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**Viewer Page 312** (rcdbook1858_28_0311.jpg)
> Handwritten Page Number on Record Book: 308
**James C McNeil vs 852 John Scott, Clingan Scott and William C Scott garnishees of R W McClure**
Garnishment.
Now at this day come as well the said plaintiff as the said garnishees, by their respective attorneys, and it appearing to the Court from the answers of said garnishees that at the time they were summoned herein as such they were indebted to the defendant, McClure, in the sum of One hundred and forty two dollars and forty three cents, It is considered by the Court that the said plaintiff recover of the said of finishes the sum aforesaid in from aforesaid as confessed, and have execution therefore, and that out of said sum he pay the costs as well of the original suit as of this proceeding. The sum of ten dollars is allowed each garnishee for answering herein.
**Thomas L Snead vs 547 The Bank of the State of Missouri**
Continued by Consent.
**Isaac J Vanduzer etal vs 564 A S Dwen etal**
Continued by consent.
**Jelly D Bowen vs 238 Joseph A Eddy etal**
Continued by consent of parties.
**Reuben Loeb etal vs 630 William P Shryock et al**
continued as on affidavit at defendants casts.
**In the matter of the Steam Boat St Mary**
Ordered of Sale.
Michael S Cere, Sheriff of St Louis County, files a statement from which it appears that le has sized the said Steam Boat St Mary under a warrant issued from the office of the St Louis Circuit Count, 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 Sheriff proceed to sell said boat at public auction to the highest bidden fro cash and that he give twenty days public notice of the time and place of sale by publication according to law.
**Francis Kellerman Jr and Francis Kellerman Junior vs 763. William Lingo**
On account.
Now at this day come the plaintiffs, by this 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 assess the plaintiffs damages by reason of the premises in the petition mentioned at the sum of two hundred and nine dollars and thirty seven cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum of aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefore.
**Henry Overstolz etal vs 837 Michel Corner by garn, of Abraham Depew**
On motion of the plaintiffs, by their attorney, it is ordered by the Court that the said garnishee be discharged at the costs of said plaintiffs and that execution issue therefore.
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**Viewer Page 313** (rcdbook1858_28_0312.jpg)
> Handwritten Page Number on Record Book: 309
**William K Wickersham vs 762 Mary E Wickersham**
Now at this day come again the parties by their respective attorneys, and thereupon the hearing of the proof progressed, but the hearing thereof not being finished further proceedings further proceedings are laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Frederick Ware, whose identity is proven by the testimony of John A Shepley and A Bruin, comes in open Court and acknowledges the execution of a deed of emancipation to his slaves Marry Lee, Humphrey Lee, and Betsey Lee his wife.
**Julia Ann Hanna vs 856 John Scott, Clingan Scott and William C Scott garn. of M W McClure**
Satisfaction.
Plaintiff, by her attorney, comes in open Court, and acknowledges to have received full and entire satisfaction of the judgment herein rendered on the twenty first day of December, eighteen hundred and fifty eight.
**James C McNeil guardian of Crawford Porter vs 851 John Scott, Clingan Scott and William C Scott garnishees of A W McClure**
Satisfaction.
Plaintiff, by his attorney, comes in open Court and acknowledges to have received full and entire satisfaction of the judgment herein rendered on the twenty first day of December eighteen hundred and fifty eight.
**James C McNeil guardian of E Porter vs 855 John Scott, Clingan Scott and William C Scott garnishees of R W McClure**
Satisfaction.
Plaintiff, by his attorney comes in Open Court and acknowledges to have received full and entire satisfaction of the judgment herein rendered on the twenty first day of December eighteen hundred and fifty eight.
**James C McNeil vs 852 John Scott, Clingan Scott and William C Scott garnishees of R W McClure**
Satisfaction.
Plaintiff, by his attorney, comes in Open Court and acknowledges to have received full and entire satisfaction of the judgment herein rendered on the twenty first day of December eighteen hundred and fifty eight.
**In the matter of the Assignment of Joseph Powell and John C Powell**
On motion of William r Biddlecome, assignee herein, the Court appoints John H Watson and Henry T Norcom appraisers to appraise the mentioned in the inventory filed herein.
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**Viewer Page 314** (rcdbook1858_28_0313.jpg)
> Handwritten Page Number on Record Book: 310
**Joseph Brown vs 468 Joshua V Throop and Samuel Kirkman**
On note.
Now at this day come the parties, 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 there from that the defendants are indebted to the plaintiff in the sum of twenty five hundred and seventy five dollars and twenty cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid by the Court found and also his costs herein expended and have execution therefor.
**William C Jamison vs James Castello etal**
Separate answer of Platt R Green filed.
**Thomas D Ford vs 533 Eleazer J Beard etal**
Bill of Exceptions filed by defendants.
**Andrew J Morrison vs 692 William C Hall**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this action be dismissed at the costs of the said plaintiff and that execution issue therefor.
**William H Wickersham vs 762 Mary E Wickersham**
Now at this day come again the parties by their respective attorneys and thereupon the hearing of proof progressed but not being finished further proceedings are laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
John C Gage is, on motion of B A Hill, admitted and enrolled a member of this Bar.
**David P Clay vs The Union Line Transportation Company**
Order of Publication. Attachment.
The plaintiff having heretofore filed a petition and affidavit, from which it appears that the defendants is a corporation whose chief office or place of business is out of the State of Missouri; now, therefore, on motion of the attorney for said plaintiff, it is ordered by the Court that the said defendant be notified that the civil action has been commenced against it for the sum of six hundred and thirteen dollars, on account of the failure of said defendant to deliver to the plaintiff certain goods entrusted to the defendant as a common carrier, by the plaintiff: and that the property of the defendant has been attached; and unless the defendant be and appear at the next term of this Court, to be begun and held at the Court House in the City of St Louis, within and for the County of St Louis, on the fourth Monday of February next, and on or before the
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**Viewer Page 315** (rcdbook1858_28_0314.jpg)
> Handwritten Page Number on Record Book: 311
third day of said term, answer to the said action, judgment will be rendered against it, and the property of the defendant sold to satisfy the same. It is further ordered that a copy hereof be published, according to law, in the Missouri Democrat, a newspaper published in the City of St Louis.
**Andrew J Short vs 847 William B Ferguson etal garn of John D Ludden**
On motion of the plaintiff, by his attorney, it is ordered by the Court that the garnishees Henry L Parker, Noah M Ludlow, and Francis M Ludlow, composing the firm of Parker Ludlow and Company, and James Patterson and William B Ferguson, composing the firm of Patterson and Ferguson, be discharged at the costs of said plaintiff and that execution issue therefor. The sum of ten dollars is allowed each firm for answering herein.
**John Nicholay vs 728 W Pnismeyer etal**
Continued by consent of parties.
**William H Wickersham vs 762 Mary E Wickersham**
Now at this day come again the parties, by their respective attorneys, and thereupon the hearing of the proof progressed and being finished the Court takes time to consider thereof.
**Nathan L Rice vs William C Berry**
Order of Sale.
Now at this day comes the plaintiff, by his attorney and files as statement herein from which it appears that the keeping property attached under the writ herein will be attended with much expense before the probable termination of this suit and is likely to depreciate in value; it is therefore ordered that Michael S Cerre Sheriff of St Louis County sell said property immediately and in such manner as he shall deem most beneficial to all parties and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
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**Viewer Page 316** (rcdbook1858_28_0315.jpg)
> Handwritten Page Number on Record Book: 312
Court met pursuant to adjournment. Present as before.
**William H Wickersham vs 762 Mary E Wickersham**
Depositions for plaintiff opened and filed.
**Joseph Brown vs Joshua Throop etal**
Motion for new trial filed.
**Philip Thomas vs Andrew Krautler**
Depositions for plaintiff opened and filed.
**George Fitzpatrick etal vs 706 Emanuel Block etal**
Motion for new trial filed.
**Joseph R Wendover vs 906 John Sigerson**
Confession of Judgment.
Now at this day comes the defendant and files a statement in writing duly verified by affidavit whereby he confesses himself indebted to the plaintiff in the sum of Eleven hundred and sixty dollars and seventy nine cents and consents that judgment may be rendered against him for that amount. 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 herein expended and have execution therefor.
**Fireman's Insurance Company vs 199 William Hart**
Attachment Order of Publication.
The Sheriff having made return that the said defendant cannot be found, and the Court being satisfied that process cannot be served upon him therefore, on motion of the attorney for the plaintiff, it is ordered by the Court that he be notified that a civil action has been commenced against him for the sum of five hundred and fifty one dollars, found on a bill of exchange, and that his property has been attached, and unless he be and appear at the next term of this Court, to be begun and held at the City of St Louis, within and for the County of St Louis, on the fourth Monday of February next, and on or before the third day thereof, answer the petition herein, judgment will be rendered against him, and his property sold to satisfy the same. And it is further ordered that a copy hereof he published, according to law, in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
**Peter J Hurck etal vs 78 William Provost etal**
Substitution of Commissioners.
The Court having duly heard and considered the plaintiffs motion to substitute other Commissioners and being thereof fully advised doth order that the same be and is hereby sustained. And the Court substitute and appoints George A Taylor, and C K Dickson, in lien of Sullivan Blood and James G Barry heretofore appointed, to act Conjuction with George Knappas Commissioners to make partition of the property according to the judge heretofore rendered herein and they are required to make report of their proceedings to this Court without delay.
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**Viewer Page 317** (rcdbook1858_28_0316.jpg)
> Handwritten Page Number on Record Book: 313
**James G McPheeters vs 877 J A Barrett garnishee of John Sigerson etal**
Garnishment.
Now at this day come as well the said plaintiff as the 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 the defendants the sum of five hundred dollars, It is therefore considered by the Court that the said plaintiff recover of the said as found the sum aforesaid as confessed, and have execution therefor and that out of said sum he pay the costs as well of the original suit as of this proceedings. The sum of ten dollars is allowed the garnishee for answering herein.
**Thomas Ryan and Franklin K Louthan vs James Thomas**
Judgment set aside.
On motion of the plaintiff by their attorney, it is ordered by the Court that the judgment by confession obtained herein on the fifth day of October eighteen hundred and fifty eight be and the same is hereby set aside and for naught held. And it is further ordered that this cause be dismissed at the costs of the said plaintiffs and that execution issue therefor.
**Theodore Reider, and Francis Klein. vs 779 Patrick E Burke**
Petition
Now at this day come the plaintiffs, by their attorney but the defendant failing to appear, although duly called, the plaintiffs waive a Jury and submit this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find therefrom, that the defendant is indebted to the plaintiffs in the sum of One hundred and sixty one dollars and ten 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 also their costs herein expended and have execution therefor.
**John C Unseld vs 776 James W Stephenson and Ferdinand W Stephenson**
On note
Now at this day come the parties 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 there from that the defendants are indebted to the plaintiff in the sum of twelve hundred and fifty dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid by the Court found and also his costs herein expended and have execution therefore.
**Cerf Veil vs 782 Peter Gazzals**
Petition.
Now at this day come the parties, by their respective attorneys and thereupon come also a Jury to wit; B W Alexander, K J Douglass, K Glover, Henry Krutzer, John Matter, J S Maynard, A Ramder, Jno Smith, Louis Wolf, J J Mudd, C W Walter, and H Davis, twelve good and lawful men, who being duly elected tried and sworn the issues herein joined well and truly to try the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiff and assess the damages at the sum of two hundred and nine dollars and nine cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
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**Viewer Page 318** (rcdbook1858_28_0317.jpg)
> Handwritten Page Number on Record Book: 314
**In the matter of the Assignment of Joseph Powell and John C Powell**
Assignees Bond filed and approved.
Appraisement filed.
**Henry P Westlake vs 108 John Warner etal**
Dismissal.
By consent of parties it is ordered by the Court that this cause be dismissed at the costs of the said defendants and that execution issue therefor.
**Francis H Luttercord vs 221 C Duncanet**
Answer and Counter claim filed.
**W T Hazzard etal vs 283 Lyman Scott etal**
Ordered that dedimus issue to Maryland for plaintiffs.
**David Bayles vs George M Wells**
Confession of Judgment.
Now at this day comes the plaintiff and files a petition herein, and the defendant also comes and files a statement duly verified by affidavit, whereby he confesses himself indebted to the plaintiff in the sum of one hundred and eighty eight dollars and fifty cents and consents that judgment may 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 inform aforesaid as confessed and also his costs herein expended and have execution therefor.
**Ichabode Washburn vs Lucinda R Townsend**
Confession of Judgment.
Now at this day comes the plaintiff, by his attorney and files a statement of the defendant duly verified by affidavit whereby the said defendant confesses herself indebted to the plaintiff in the sum of six hundred and ten dollars and seventy four cents and consents that judgment may be rendered against her 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 herein expended and have execution therefor.
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**Viewer Page 319** (rcdbook1858_28_0318.jpg)
> Handwritten Page Number on Record Book: 315
Court met pursuant to adjournment. Present as before.
**Benn C Platt vs 11 William Bevard**
Amended petition filed.
**James C Converse etal vs 859 The Pacific Ins Co etal garn.**
Continued.
**John Swift etal vs 860 The Pacific Ins Co etal grant**
Continued.
**Luther Laflin etal vs 861 Martin Porter et al gains**
Continued.
**David Anderson etal vs 863. David Hirsch garn.**
Continued.
**Geo Partridge etal vs 864 Jno B Carson garn.**
Continued.
**Charles H Waters etal vs 871 David Hirsch garn.**
Continued.
**Henry Pike vs 870 David Hirsch garn.**
Continued.
**John C Potter etal vs 872 The Pacific Ins Co et al garn.**
Continued.
**Victor A Sartori vs 902 Lucian H Fuller garn.**
Continued.
**Bethirel Vincent etal vs 845 St Louis & Iron Mountain & Pilot knob R R Co garn.**
Continued.
**John McClure vs 840 St Louis Iron mountain and Pilot Knobb R R Co grant**
Continued.
**Joshua W Owings vs 701 Joseph A Barret and Mary L Barret.**
Continued.
**Bethirel B Vincent etal vs 226 William H Deriar**
Ordered that an alias attachment and summons issue herein to the Sheriff of Jefferson County.
**John McClure Jr et al vs 227 William H Deriar**
Ordered that an alias attachment and summons issue herein to the Sheriff of Jefferson County.
**Thomas E Owens vs 881 The City of St Louis garn. of James H McClure**
It is ordered by the Court that the City of St Louis, the garnishee summoned herein, be discharged hence at the costs of said plaintiff and that execution issue therefor.
**George W Brooks vs 487 Allen Brown**
The Court having duly heard and considered the affidavit for a continuance herein and being thereof fully advised, doth overrule the same.
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**Viewer Page 320** (rcdbook1858_28_0319.jpg)
> Handwritten Page Number on Record Book: 316
**George G Presbury etal vs 406 C D Sullivan etal**
Bill of Exceptions filed by defendants.
**William H Wickersham vs 762 Mary E Wickersham**
Now at this day come again the parties by their respective attorneys, and the Court being now fully advised of and concerning the premises doth order that the petition and cross bill be dismissed at the costs of the plaintiff and that execution issue therefor.
**Charles Mick vs Eugene Guenadon**
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 therefor.
**William L Ewing etal vs 797 Johan Kampeter**
Dismissal.
On motion of the 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.
**In the matter of the Steam Boat Polar Star**
Order of Sale.
Michael S Cerre, Esq, Sheriff of St Louis County, files a statement from which it appears that he has seized the said Steam Boat Polar Star under a warrant issued from the Office of the Clerk of the St Louis Circuit Court, returnable to the February Term, 1859, of said Court, and the five days have elapsed since said seizure, and no person has given bond according to law for said Boat, therefore it is ordered that said Sheriff proceed to sell said boat by public auction to the highest bidder for cash; first giving twenty days public notice of the time and place of sale, by publication, according to law.
**Andrew F Hummitsch vs 752 The Franklin Insurance Company of St Louis**
The Court having duly heard and considered the demurrer to the petition herein and being thereof fully advised doth order that the same be sustained.
**Samuel Gaty etal vs 759 The Home Mutual Fire and Marine Insurance Company of St Louis**
The Court having duly heard and considered the demurrer to the petition herein and being thereof fully advised doth order that the same be sustained.
**Andrew F Hummitsch vs 755 The St Louis Mutual Fire and Marine Insurance Company**
The Court having duly heard and considered the demurrer to the petition herein and being thereof fully advised doth order that the same be sustained.
**Samuel Gaty etal vs The Pacific Insurance Company of St Louis**
The Court having duly heard and considered the demurrer to the petition herein and being thereof fully advised doth order that the same be sustained.
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**Viewer Page 321** (rcdbook1858_28_0320.jpg)
> Handwritten Page Number on Record Book: 317
**John Girard vs 753 The Franklin Insurance Company of St Louis**
The Court having duly heard and considered the demurrer to the petition herein and being thereof fully advised doth order that the same be overruled.
**St Br Wm M Morrison vs 290 Elisha W Brown etal**
Depositions for plaintiff filed.
**Job P Doan etal vs S P Chamberlain**
Now at this day come the plaintiffs, by their attorney, and file a motion for leave to issue execution on the judgment rendered herein on the twelfth day of September, eighteen hundred and forty nine, for the sum of three hundred and seventeen dollars and forty cents, the Court having duly heard and considered the said motion, and being thereof fully advised doth order that the same be sustained and that execution issue in accordance with said motion.
**Thomas Bowe vs 813 Thomas Shehan**
Petition.
Now at this day come the parties, by their respective attorneys, and thereupon come also a Jury, to wit; Joseph Trundley, A Meith, S D Porter, Charles M Bruester, Henry Dollner, J J Garrard, S F Lonergan, J L Schnell, Wm Fine, James McKevin, D B Healy, and E Foster, 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 finished the Jurors aforesaid upon their oaths aforesaid find for the defendant. It is therefore considered by the Court that the said plaintiff take nothing by his suit in this behalf but that the defendant go hence without day and recover of the said plaintiff his costs herein expended and have execution therefor.
**State of Missouri use of A W Elliott vs 139 Augustus F Shapleigh et al**
Answer filed.
**William Ehlert vs 897 Johanna Stiefrater Administratrix of Conard Stiefvater**
Appeal from Probate Court.
Now at this day come the parties, but their respective attorneys, and thereupon come also a Jury, to wit; C Herdman, Jo Givens, T Shaw, K Schumacker, R Taylor, M Higgins, Green Harrison, C W Benson, G A Kehr, E A Burt, W Cahill, and W Rucker, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try the trial progressed, but not being finished further proceedings are laid over until tomorrow morning.
**Anthony H Menkens and D Bernard Menkens vs 736 James Duncan**
Now at this day comes the defendant by his attorney, and files and affidavit for an appeal herein, wherefore it is ordered that an appeal be allowed him to the Supreme Court from the judgment herein rendered, and he thereupon files an appeal bond which is approved by the Court.
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**Viewer Page 322** (rcdbook1858_28_0321.jpg)
> Handwritten Page Number on Record Book: 318
Court met pursuant to adjournment Present as before.
V R Hill is, on motion of Luther M Shreve, admitted and enrolled as a member of this Bar.
**Mary Charlotte vs 13 Gabriel S Chouteau**
Continued.
**Jacob Bersche etal vs 751 The Franklin Insurance Company of St Louis Mo**
On motion of the Plaintiffs, by their attorney, leave is given to amend the petition herein so as to include in the sum demanded the whole amount of the policy of Insurance alleged to be payable; which amendment is accordingly made by striking out on the fourth page of said petition all from word, "twenty," down to word "payable" and inserting the words, "four thousand dollars", in lien thereof.
**Jacob Bersche et al vs 754 The St Louis mutual Fire and marine insurance Company**
On motion of the plaintiffs, by their attorney, leave is given to amend the petition herein so as to include in the sum demanded the whole amount of the Policy of Insurance alleged to be payable, which amendment is accordingly made by striking out on the fourth page of said petition all from the word "four" down to the word, "payable", and inserting the words, "five thousand dollars", in lien thereof, and also striking out on side page the word, "four", and inserting "five", on the fourth line from the signature of counsel.
**Jacob Bersche etal vs 756 The Pacific Insurance company**
On motion of the Plaintiffs, by their attorney, leave is given to amend the petition herein so as to include in the sum demanded the whole amount of the Policy of Insurance alleged to be payable; which amendment is accordingly made by striking out on the fourth Page of said Petition all from the word "two" down to the word "appear", and inserting "five thousand dollars" in lien thereof; and by striking out on said page in the third line from the signature of counsel the word "two" and inserting "five."
**Jacob Bersche etal vs 761 The Home mutual fire and marine Insurance company**
On motion of the plaintiffs, by their attorney, leave is given to amend the petition herein so as to include in the amount demanded the whole amount of the Policy of insurance alleged to be payable, which amended is accordingly made by striking out on the fourth page thereof all from the words "fourteen" down to "payable," and inserting "five thousand dollars" and by striking out on said page the words "fourteen hundred" and inserting "five thousand," on the third line from signature of counsel,
**Hiran Johnson etal vs 783 William K Wilson**
On motion of the plaintiffs, by attorney, it is ordered that the default rendered be act aside and for naught held. Cause continued.
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**Viewer Page 323** (rcdbook1858_28_0322.jpg)
> Handwritten Page Number on Record Book: 319
**The Crescent Manufacturing company vs 909 James C Denniston**
Confession of Judgment.
Now at this day comes the defendant and files a statement in writing duly verified by affidavit, whereby he confesses himself indebted to the defendant in the sum of seven hundred dollars, and consents that judgment may 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 its costs herein expended and have execution therefor.
**Charles R Anderson vs 876 Charles D Colman and Peter E Bland garnishees of William McDonald and William Lings**
Garnishment.
Now at this day come the plaintiff and the garnishee, charles D Colman, by their respective attorneys; and the plaintiff dismisses this suit as to Peter E Bland, one of the garnishees summoned herein; and neither party requiring a jury, this cause is submitted to the court, and the court, having duly heard and considered the evidence and the arguments of counsel, doth find that the said garnishee, at the time he was summoned herein as such, had in his possession, charge and control belonging to the said defendant, William Lingo, the sum of Seven hundred and seven dollars and seventy three cents. It is therefore considered by the court that the execution therefore, and that out of said sum he pay the costs of this proceeding. The sum of twenty five dollars is allowed said garnishee for appearing and answering herein.
**Thomas Slavin and charles slavin vs 812 Charles Frita Henry Gronheim, and John Helyenberg**
On Notes.
Now at this day come the plaintiffs and the defendants, except Henry Gronheim, by their respective attorneys; and the plaintiffs dismiss this suit as to the said defendant Gronheim; and no Jury being required this cause is submitted to the court upon the pleadings and proofs, and the court having duly heard and considered the same doth find therefrom that the defendants are indebted to the plaintiffs in the sum of nineteen hundred and eighty one dollars and ninety three cents. It is therefore considered by the court that the said plaintiffs recover of the said defendants the sum aforesaid by the court found together with interest at the rate of ten per cent per annum from this date until paid and their costs herein expended and have execution therefor.
**William Ehlert vs 897 Johanna Stiefrater administratrix of Lonrad Stiefrater**
Appeal from Probate court.
Now at this day come again the parties, by their respective attorneys, and the jury empanelled and sworn herein also come, and there upon the trial of this cause progressed and being finished the jury aforesaid upon their as oaths aforesaid find for the plaintiff and assess the damages at the sum of fifty six dollars and forty two cents. It is therefore considered by the court that the said plaintiff recover of the Estate of Conrad Stiefvater in the hands of Johanna Stiefvater his Administratrix the sum aforesaid by the jury assessed and also his costs herein expended, and that this judgment be certified to the St Louis probate court there to be proceeded on according to the Statute in such case made and provided.
**Thomas Bowe vs 813 Thomas Shehan**
Motion for new trial filed.
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**Viewer Page 324** (rcdbook1858_28_0323.jpg)
> Handwritten Page Number on Record Book: 320
**George W Brooks vs 487 allen grown**
On Note and Account.
Now at this day come the Parties, by their respective attorneys, and there upon come also a Jury, to wit: Joseph Trundley, A Meith, to M Omester, Henry Dollner, S J Lorergan, J L Schnell, William Fine, James McKeon, D B Healey, E Foster, M McClintock and S J Garrard, twelve good and lawful mens who being duly elected tried and sworn the issues herein joined well and truly to try, the trial progressed and being finished the jurors aforesaid upon their oaths aforesaid find for the plaintiff and assess the damages at the sum of thirteen hundred and twenty three dollars and nineteen cents. It is therefore considered by the court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid by the jury assessed and also his casts herein expended and have execution therefor.
**Aemilius K Sayre vs 857 Wm S Grant garns of Wm C Waglery etal**
Default.
Now at this day comes the plaintiff, by his attorney, but the said Wm S Grant, summoned herein as garnishee, having failed to answer the interrogatories filed herein against him, it is, on motion of the said plaintiff, ordered by the court that the same be taken against him as confessed; and this proceeding is continued to the next turn of this court.
**Thomas caldwell and Gustavus English vs 162 John McDowell**
On plea in Abatement.
Now at this day come the parties, by their respective attorneys, and there upon come also jury to wit; William Cahill, E A Burt, George A Kehr, E W Benson, Greene Harrington, Michael Higgins, R Taylor, N Schumacker, Isaac Shaw, Joseph givens, W F Obear, and Henry Ashbrook, twelve good and and lawful men, who being duly elected, tried and sworn the issue joined upon the plea in abatement well and truly to try, the trial progressed but not being finished further proceedings are laid over until tomorrow morning.
**George Wambogaush vs 267 Louis Steller**
Continued as on affidavit at defendants costs.
**Henry J Mudd etal vs 868 A M Waterman etal garn.**
Answer of M B Cox, garnishee filed by leave.
**Benjamin Leiber vs 550 St Louis Agricultural and Mechanical Association garns of Jno B Ganter**
On motion of the garnishee, by its attorney, it is ordered that the said garnishee be discharged hence at the costs of said plaintiff and that execution issue therefor.
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**Viewer Page 325** (rcdbook1858_28_0324.jpg)
> Handwritten Page Number on Record Book: 321
Court met pursuant to adjournment. Present as before.
**Percival Platt vs 10 William Bevard**
Amended petition field.
**W B Wm M Morrison vs 290 Elisha W Brown et al**
Reply filed by consent.
**Augustus P Ladew, Valentine J Peers and William J Bright vs K Clark, Johnson, Ross.**
Order of Sale.
Michael S Cure Esq, Sheriff of St Louis County, comes and files a statement from which it appears that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit and is likely to depreciate in value; it is therefore ordered by the Court that said Sheriff sell said property according to law, and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
**John L Ross vs Horatia Clark**
Order of Sale.
Michael S Cure, Esq, Sheriff of St Louis County, comes and files a statement from which it appears that the Keeping of the property attached under the writ herein will be attended with much expense before the property termination of this suit, and is likely to depreciate in value; it is therefore ordered that said Sheriff sell said property according to law, and that he make a report of his proceedings under this order on or he before the first day of the next term of this Court.
**Richard R Field, Reuben Beardslee, John K Fields, and Phireas Beardslee vs Edward Mitchell garnishee of Henry F Crop, Franklin Field and Thomas Simpson**
Garnishment.
Now at this day come the plaintiffs, by their attorney, but the said garnishee, Edward Mitchell, having field to appear and answer the interrogatories herein, it is on motion of said plaintiffs ordered that the said interrogatories be taken against him as confessed; and the plaintiffs, waiving a Jury, submit this proceeding to the Court, and the Court, having duly heard and considered the evidence, doth find therefrom that the said garnishee at the time he was summoned herein as such was indebted to the said defendants in the sum of One hundred and six dollars and fifty cents. It is therefore considered by the Court that the said plaintiffs recover of the said garnishee the sum aforesaid in form aforesaid by the Court found and have execution therefore, and that out of said sum they pay the costs of this proceeding.
**Thomas Caldwell and Gustavus English vs 162 John McDowell**
On Plea in Abatement.
Now at this day come again the parties, by their respective attorney and also the Jury empanelled and sworn herein, thereupon the trial progressed, but not being finished further proceedings and laid over until tomorrow morning.
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**Viewer Page 326** (rcdbook1858_28_0325.jpg)
> Handwritten Page Number on Record Book: 322
**Richard R Field, Reuben Beardslee, John K Field, Isaac N Field and Phineas Beardslee vs William H Chiles garnishee of Henry F Crop, Franklin Filed, and Thomas Simpson.**
Garnishment.
Now at this day come the plaintiff by their attorney, but the said garnishee, William H Chiles, having failed to appear and answer the interrogatories filed herein, although duly summoned so to do, it is therefore, on motion of the said plaintiff, ordered by the Court that the said interrogatories be taken against him as confessed; and the plaintiffs, waiving a Jury, submit this proceeding to the Court, and the Court having duly heard and considered the evidence, doth find therefrom that the said garnishee at the time he was summoned herein as such was indebted to the said defendants in the sum of One hundred and nineteen dollars and ten cents. It is therefore considered by the Court that the said plaintiffs recover of the said garnishee the sum aforesaid in form aforesaid as found and have execution therefore, and that out of said sum they pay the costs as well of the original suit as this proceeding.
**Cornelius D Sullivan and Jeremiah T Sullivan vs 730 Julia Buchanan**
On account.
Now at this day come the parties, by their respective attorneys, and the defendant files an answer herein, whereby she confesses herself indebted to the plaintiffs in the sum of three hundred and sixty seven dollars and thirty cents, and consents that judgment may be rendered against her for that sum. It is therefore considered by the court that the said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as confessed and also their costs herein expended and have execution therefor.
**John L Ross vs Horatio Clark**
Order of Publication.
On motion of the plaintiff by his attorney it is ordered that the defendant be notified that a civil action has been commenced against him for the sum of Seven Thousand one hundred and twenty one dollars and ninety seven into, on account of goods wares and merchandise sold and delivered to the defendant by the plaintiff and that his property has been attached; and unless he appear at the next term of this Court to be begun and held at the City of St Louis, within and for the County, of St Louis, on the fourth Monday of February next, and on or before the third day thereof, answer to the action aforesaid, according to law, judgment will be 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, a newspaper printed and published in the City of St Louis.
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**Viewer Page 327** (rcdbook1858_28_0326.jpg)
> Handwritten Page Number on Record Book: 323
Court met pursuant to adjournment. Present as before.
**Francis H Luthercord vs 221 C Dunnanet**
Order that a dedimus issue to the State of Tennessee for the defendant.
**Loring Shafflen vs 880 Terre Haute Alton and St Louis Rail Road garnt of Field et al**
Default.
Now at this day come the plaintiff, by his attorney, but the said garnishee although duly summoned and called comes not nor hath be answered the interrogatories filed herein; it is therefore, on motion of the said plaintiff, by his attorney ordered that the said interrogatories betaken against him so confessed.
**Thomas Caldwell and Gustavus English vs 162 John McDowell**
On Plea in Abatement.
Now at this day come again the parties, by their respective attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial progressed, and being finished the Jury retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
**Augustus N Berthoud, receiver vs 805 John P Callahan**
Continued by consent of parties.
**augustus N Berthoud receiver vs 807 John P Callahan**
Continued by consent of parties.
**In the matter of the assignment of Henry Pilcher, Sr, and Henry Pilcher Jr.**
Inventory filed.
On motion of William W Wakelam, assignee herein, the Court appoints Seth W Paine, Horatio D Hewitt and John Gass, appraisers, the appraise the property and effects assigned.
John B Grady files an assignment of his property and effects to C F Burnes.
**George Lich administrator of Louis Engel deceased vs 76 John L Bernicker and Susan Bernicker**
Answer filed. Motion to dissolve injunction and motion to increase penalty of injunction bond, and also motion to require receiver to file additional security on Bond filed.
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**Viewer Page 328** (rcdbook1858_28_0327.jpg)
> Handwritten Page Number on Record Book: 324
**George G Presbury et al vs 406 Joseph L Papin et al**
Motoin to quash Execution filed.
**Benj Leiber vs 88 St Louis Agricultural and Mechanical Association Garns of Ganter**
Motion filed to set aside order discharging garnishee. Denial of garnishees answer filed.
**Jacob Busche et al vs 708 Home Mutual Fine & Martin Ins Co.**
Agreement filed.
**Jacob Busche et al vs 754 St Louis Fine and Martin Ins Co.**
Agreement filed.
**Jacob Busche et al vs 756 The Pacific Insurance Company**
Agreement filed.
**Jacob Busch et al vs 751 The Franklin Ins Co of St Louis**
Agreement filed.
**Catherine A Noonan vs Jno H Tighe et al**
Depositions for plaintiff opened and filed.
**William F Sauser vs 856 Franklin Bull garnishee of B F Cooper**
Garnishment.
Now at this day come as well the said plaintiff as the said garnishee, by their respective attorneys, and thereupon come also a Jury, to wit; Jas Trundley, A Mieth, S D Porter, Charles D Brewster, H Dollner, J J Garrard, S J Lonergan, J L Schell, William fine, James McKeon, D B Healey and E Foster, twelve good and lawful men who being duly elected tried and sworn the issues joined between the said parties well and truly to try the trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find that the garnishee is indebted to the defendant, S F Cooper, in the sum of thirteen hundred and seventy five dollars and nineteen cents. It is therefore considered by the Court that the said plaintiff recover of the said garnishee the sum aforesaid if form aforesaid by the Jury found and have execution therefore and that out of said sum he pay the costs of this proceeding. Motion for new trial filed.
**Thomas Caldwell and Gustavus English vs 102 John McDowell**
On Plea in abatement.
Now at this day come again the parties, by their respective attorneys, and also the Jury empanelled and sworn herein; and the Jurors aforesaid upon their oaths find for the defendant. It is therefore considered by the Court that the said defendant, at the commencement of this suit, had not fraudulently conveyed or assigned his property and effects so as to hinder and delay his creditors; wherefore it is ordered by the Court that the attachment herein be dissolved and this suit dismissed at the costs of the said plaintiffs and that execution issue therefore.
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**Viewer Page 329** (rcdbook1858_28_0328.jpg)
> Handwritten Page Number on Record Book: 325
Court met pursuant to adjournment. Present as before.
**Joseph W Gooding vs John Bean**
Affidavit of John T Witham filed.
**George W Brooks vs 487 Allen Brown**
Order for Production Property.
The plaintiff by his attorney comes files a motion for an order for an order for the delivery of the property attached herein, and the Court, having duly heard and considered the same, doth order that J C Miller the principal, and Samuel Hager, James Hart, and W G Miller, the securities in the bond given for the production and delivery of the said property, produce and delivers the property mentioned and described in the said Bond to the Sheriff of St Louis County, at his Office, in the County of St Louis, forthwith.
**In the matter of the Assignment of Stephen C Jett and J Samuel Jett**
Inventory filed.
On motion of Edward Mead assignee herein it is ordered by the Court that Hugh I McDonough and William D Henry be appointed appraised to appraise the property mentioned in the inventory.
**Robert Thornburg vs 1030 William Clark et al garnt**
The Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth overrule the same; and the Court having also heard and considered the motion to retax costs allowed garnishee and being thereof fully advised doth overrule the same.
**John Ruedi vs Carl Wittig and Samuel Gardner**
Continued on affidavit at John Ruedi's costs.
**Percival Platt vs 10 William Bevard**
On motion of defendant, by his attorney, twenty days is given him to plead to the amended petition herein.
**Penn C Platt vs 11 William Bevard**
On motion of defendant, by his attorney twenty days is given him to plead to the amended petition herein.
**Mathew Rippey vs 36 Meyer Friede**
The Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth overrule the same.
**George Dominick vs 362 Frederick K W Hackman et al**
The Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth overrule the same.
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**Viewer Page 330** (rcdbook1858_28_0329.jpg)
> Handwritten Page Number on Record Book: 326
**James S Wilgus et al vs 324 William P Davis et al**
Continued by consent of parties.
**George Pomeroy et al vs 163 Theodore Betts et al**
On motion of the plaintiffs, by their attorneys, leave is given the Sheriff to amend his return herein by interlining the figures, "1857" in the second line thereof: and the Court having duly heard and considered the separate motions of the defendants, Betts and Mellen, and being thereof fully advised, doth order that the said motions, and each of them, be overruled. The Sheriff amends his return herein in accordance with leave of Court.
**Thomas Carson vs 455 Thomas Sproat**
Petition on Judgment.
Now at this day come the parties, 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 therefrom that the defendant is indebted to the plaintiff in the sum of sixteen hundred and seven dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid by the Court found and also his costs herein expended and have execution therefore. Motion for new trial filed.
**James Cuddy vs 320 John S Thompson**
The Court having duly heard and considered the motion for new trial herein and being thereof fully advised doth overrule the same.
**Daniel Hirsch vs 809 John C Jones et al**
The Court having duly heard and considered the Demurer to the petition herein and being thereof fully advised doth order that the same be sustained, and that this cause be taken from the Docket.
**George I Barnett et al vs 327 Samuel Jacoby**
The Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth order that said motion be overruled.
**Joseph L Derbin et al vs John H Sparr et al**
Motion to quash Execution and to set aside order granting same against Daniel able filed.
**Charles S Hempstead vs 58 Thomas Hempstead's admir et al**
Supplemental Bill filed by leave of Court.
**Antoine R McNair et al vs 272 Philip Klein et al**
The Court having duly heard and considered the motion to substitute Thomas F Smith party plaintiff in heir of Antoine R McNair, and being thereof fully advised doth order that the same be overruled.
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**Viewer Page 331** (rcdbook1858_28_0330.jpg)
> Handwritten Page Number on Record Book: 327
**Antoine R McNair et al vs 269 Michael Lott et al**
The Court having duly heard and considered the demurer the amended petition herein and being thereof fully advised, doth overrule the same.
**Antoine R McNair et al vs 269 Michael Lott et al**
**Antoine R McNair et al vs 271 James S Smith et al**
**Antoine R McNair et al vs 272 Philip Klein et al**
**Antoine R McNair et al vs 273. Caroline C McNair et al**
Now at this day come the parties, by their respective attorneys, and file an agreement herein.
**Charles Richardson vs 743. Miles G Moies and Henry M Woodward**
On note.
Now at this day come the plaintiff and the defendant Woodward, by their respective attorneys, but the defendant, Moies also though duly summoned and called, comes not but makes default wherefore on motion of the plaintiff, by his attorneys, it is ordered by the Court that the petition herein be taken against him as confessed; and no Jury being required, this cause is submitted to the Court upon the petition, answer, exhibition and proofs, and the Court, having duly heard and considered the same, doth find there from that the defendants are indebted to the plaintiff in the sum of fifteen hundred and forty four dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid inform as found and also his costs herein expended and have execution therefore. Motion for new trial filed.
**Thomas Caldwell et al vs 162 John McDowell**
Motion for a new trial filed.
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**Viewer Page 332** (rcdbook1858_28_0331.jpg)
> Handwritten Page Number on Record Book: 328
Court met pursuant to adjournment. Present as before.
**The State of Missouri vs Stephen H Houser**
The Court having duly heard and considered the defendants affidavit for a continuance this day filed herein and being thereof fully advised doth overrule the same.
**Felix Costs et al vs 265 The City of St Louis et al**
Answer of B D Filley withdrawn November twentieth, eighteen hundred and fifty eight, refilled as an answer to amended petition Answer of Hassen deuble and also answer of City of St Louis filed.
**August Regile et al vs 511 Frederick Sickemeyer**
Dismissal.
By consent of parties, it is ordered by the Court that this suit be dismissed at the costs of the defendant and that execution issue therefore.
**Penj Leiber vs 850 St Louis agricultural and Mechanical association garns.**
By consent of parties, it is ordered by the Court that the discharge of the garnishee herein be set aside and for naught held, and this cause continued until the next term of this Court.
**Henry T Mudd et al vs 868 Alfred M Waterman et al garnt of Gayle and Wilson**
Default
Now at this day come the plaintiffs, by their attorney, but the said Alfred M Waterman, summoned herein as garnishee, although duly called, comes not but makes default, wherefore, on motion of the plaintiffs, by their attorney it is ordered by the Court that the interrogatories herein be taken against him as confessed.
**Alijah Whiting et al vs 781 St Louis Lumberman and Mechanics Insurance Company**
The Court having duly heard and considered the Demurer to the petition herein and being thereof fully advised doth overrule the same.
**Samuel Espy vs 828 Chas Amos's admr**
Continued generally.
**Samuel Hoger vs J Richard Barret, Allen Brown and Joseph Wentworth**
Order for Delivery.
The plaintiff comes and files a petition and a affidavit according to law claiming the possession of certain personal property therein described; wherefore it is order that the defendants deliver the property specified in said petition to the Sheriff of St Louis County, and said Sheriff is hereby directed if said property be not delivered the him to take it from the defendants and deliver it to the plaintiff.
**In the matter of the assignment of John B Grady**
On motion of C F Burnes, assignee herein, the Court appoints Carl Birgan and John C Linton appraises to appraise the property and effect assignee.
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**Viewer Page 333** (rcdbook1858_28_0332.jpg)
> Handwritten Page Number on Record Book: 329
**The Commercial Insurance Company of Cincinnati Ohio vs 181 William Hark and J Y Stewart**
On note:-
Now at this day comes the plaintiff, by its attorneys and dismiss this suit as to the defendant, Stewart, thereupon comes the defendant, Hark, by James C Moody, his attorneys and enters his appearance to this action; and failing to answer herein, it is on motion of the plaintiff by its attorney, ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the said defendants is indebted to the plaintiff in the sum of Six hundred> and forty nine dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid as found and also its costs herein expended and have execution therefore.
**Bernard Lavin vs 878 Charles H Pond garns of Joseph W Wood**
On motion of the plaintiff by his attorneys it is ordered that the garnishee be discharged hence at the costs of the said plaintiff and that execution issue therefore.
**St B W M Morrison vs 290 Elisha w Brown etal**
Continued by consent.
**Felix Coste, August Templer, and John Saugnisch vs 265 The City of St Louis, Oliver D Jilley, Francis Hassenduble and George W Sherrick**
Now at this day come the parties, by their respective attorneys, and thereupon come also a Jury, to wit; J Small, Jo Roy, Vincent Gerion, M Hawthorn, J D Stedgman, M Mcready, J L Wilkinson, N Sprigen, S Roggers, E R Norris, G Kayser, and J Chauvin, twelve good and lawful men who being duly elected tried and sworn the issues herein joined well and truly to try the trial progressed, but not being finished further proceedings are laid over until tomorrow morning.
**Lucind Hempstead admm, vs 856 John K Hempstead etal**
Exceptions to Commissions Report filed by defendants.
**The Bank of the State of Missouri vs 418 Thomas J Smith, Cornellivs D Sullivan and Jermiah J Sullivan**
On note.
Now at this day come the plaintiff and the defendants, Cornelius D Sullivan and Jeremiah J Sullivan, by their respective attorneys, and the plaintiff dismisses this suit as to the defendant smith; and no Jury being required this causes submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find therefrom that the said defendants are indebted to the plaintiff in the sum of Eleven hundred and sixty eight dollars and thirteen cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid inform aforesaid by the Court found and also its costs herein expended and have execution therefore.
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**Viewer Page 334** (rcdbook1858_28_0333.jpg)
> Handwritten Page Number on Record Book: 330
Court met pursuant to adjournment. Present as before.
**George Pomeroy etal vs Robert M Renick etal**
Deposition for defendants opened and filed.
**Edward F Pitman, Williamson H Pitman and George J Pitman vs 912 Collins M Pinkerton**
Confession of judgment.
Now at this day comes the defendants and files a statement in writing duly verified by affidavit, whereby he confesses himself indebted to the plaintiff in the sum of three hundred dollars, and consents that judgment may be rendered against him for that sum. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid inform aforesaid as confessed and also their costs herein expended and have execution therefore.
**Christian Stachlin vs Mathias Spore**
Confession of Judgment.
Now at this day comes the defendant and files a statement in writing duly verified by affidavit, whereby he confessed indebted to the defendant in the sum of one hundred and thirty four dollars and ninety five cents and consents that judgment may 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 inform aforesaid as confessed and also his costs herein expended and have execution therefore.
**Josiah N Stain vs 910 John M Winer**
Confession of Judgment.
Now at this day comes the plaintiff, by his attorneys, and files a statement of the defendant duly verified by affidavit, whereby the said defendant confesses himself indebted to the plaintiff the sum fourteen hundred and one dollars and five cents, and consents that judgment may 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 inform aforesaid as confessed and also his costs herein expended and have execution therefore.
**Louis A Benoist vs Joseph H Oglesby**
Satisfaction.
John R Shepley, plaintiff attorney, comes in open Court and acknowledge to have received full and entire satisfaction of the judgment rendered herein on the seventh day of October eighteen hundred and fifty eight.
**Joel W Norcross etal vs 178 Henry Hudson**
Ordered that a dedimus issue to the State of New York for the plaintiffs.
**Felix Coste, August Templer, and John Saugnisch vs 5 The City of St Louis, Oliver D Filley, Francis Hassen deuble, and George H Sherrick**
Petition.
Now at this day come again the parties, by their respective attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial of this cause progressed but not being finished further proceedings are laid over until tomorrow morning.
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**Viewer Page 335** (rcdbook1858_28_0334.jpg)
> Handwritten Page Number on Record Book: 331
**The State of Missouri vs 827 Stephen H Houser**
Continued on amended affidavit.
Samuel G Trower, Edward Luster, William J Luster, William McDaniel, John V Davis and Joseph Brown and Solomon Keffer, here in open Court severally acknowledges themselves to one the State of Missouri the sum of five hundred dollars to be levied of their respective goods and chattels, lands and tenements, Yet upon condition that if they shall personally appear before this Court on the first day of the next term of this Court to be begun and held at the City of St Louis within and for the County of St Louis on the fourth Monday of February next, and from day to day during said term and on the first day of any future term to which this cause may be continued, to testify as a witness on behalf of the defendant in this cause of the gate of Missouri versus Stephen H Houser, for murderer the first degree, and shall not depend the Court without leave thereof then this recognizance to be void else of full force and effect.
Court met pursuant to adjournment. Present as before.
E C Sloan, attorney in fact for Joseph S Sloan, and Christina M Sloan, his wife, who is personally Known to the Court comes in open Court and acknowledges there execution of a Deed of Emancipation by him as such attorney, to a mulatto slave Emma Johnson, aged forty years, the property of said. Joseph S Sloan and Christina M Sloan.
**Edwin J Brown etal vs Henry Lyon**
Depositions for plaintiffs opened and filed.
**James G Human etal vs Henry I Cuniffe et al**
Depositions for defendants opened and filed.
**Richard L White vs Reinhart E Ulrich**
Confession of Judgment.
Now at this day comes the defendant and files a statement in writing duly verified by affidavit, whereby, the said defendant confesses himself indebted to the plaintiff in the sum of four hundred and sixty seven dollars and fifty nine cents, and consents that judgment may he rendered against him for that amount. 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 herein expended and have execution therefore.
**In the matter of the Assignment of Henry Pilcher and Henry Pilcher jr**
Appraisement filed.
**William P Hazzare vs Lyman Scott etal**
Depositions for plaintiff opened and filed.
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**Viewer Page 336** (rcdbook1858_28_0335.jpg)
> Handwritten Page Number on Record Book: 332
**Michael J Dohan etal vs 88 Andrew J Morrison**
Motion for additional bond to secure claimants to filed.
**Stephen Montgomery etal vs 91 Andrew J Morrison**
Motion for additional Bond to secure claimants to filed.
**William P Wilstock etal vs 132 Robert Welton & A J Morrison**
Motion for additional Bond to secure claimants to filed.
**Jacob Bersche etal vs Franklin Ins Co**
Deed from Bersches and others to O Fallon trustee filed.
**Felix Coste, August Templer, and John Saugnisch vs 265 The City of Saint Louis, Oliver D Filley, Francis Hassendeuble and George W Sherrick.**
Petition
Now at this day come again the parties, by their respective attorney, and also the Jury empanelled and sworn herein, and thereupon the trial of this cause progressed but nothing finished further proceedings are laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
**John Finney vs 913. Stephen Hoyt, Comptroller of the City of St Louis**
Now at this day comes said petitioner, and files a petition duly verified by affidavit praying for a mandamus to issue to said defendant; Upon consideration of which it is ordered that an alternative mandamus issue in accordance with the prayer of said petition returnable forthwith.
**In the matter of the assignment of Rogers Anderson and Company**
The Court having duly heard and considered the applications of fames Smith and Company for allowance of their claim herein and being then of fully advised doth order that said application be refused.
**In the matter of the assignment of Otto Onken**
The Court having duly heard and considered the petition of William Hanmann for an allowance of his claim herein doth order that the prayer of said petitioner be refused and the said petition dismissed.
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> Handwritten Page Number on Record Book: 333
**Philip Kleinmann vs 11 John Helgenberg etal**
Bill of Exceptions filed.
**Ohio & Mississippi Rail Road Co vs 894 William M McPherson**
Continued by consent at defendants costs.
**John B Farrington etal vs Joseph Meek etal**
The Court having duly heard and considered the motion for a men trial herein and being thereof filly advised doth order that said motion be overruled. The defendants file a Bill of Exception herein.
**Josiah S Leverett etal vs John H Hall and Clark J Motion**
Satisfaction.
R S Hart Esq, by virtue of authority satisfactory to the Court, comes in open Court and acknowledges full and entire satisfaction of the judgment rendered herein On the Sixth day of October eighteen hundred and fifty eight.
**Clark Wilson and Company vs John H Hall and Clark J Morton**
Satisfaction
R S Hart, Esq, Comes in Open Court, and by virtue of authority satisfactory to the Court, acknowledges full and entire satisfaction of the judgment rendered herein on the sixth day of October eighteen hundred and fifty eight.
**Felix Coste, August Templer, and John Saugnisch vs 265 The City of St Louis, Oliver D Filley, Francis Hassendeuble and George W Sherrick**
Petition
Now at this day come again the parties, by their respective attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial progressed but not being finished further proceedings are said over until tomorrow morning.
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> Handwritten Page Number on Record Book: 334
Court met pursuant to adjournment. Present as before.
**Horace Whittemore etal vs 741 Herman Weiner, Otto Schnuhr and Charles Attinger**
Satisfaction.
Plaintiff, by their attorney come in Open Court and acknowledge to have receives full and entire satisfaction of the judgment rendered herein on the twentieth day of December last past for the sum of Seven hundred and twenty three dollars and ninety eight cents.
**In the matter of the assignment of Stephen C Jett and J Samuel Jett**
Order of Sale.
Edward mead, the assignee herein, having caused an Inventory of the property effects and things assigned, with an affidavit by him that the same was a full and complete Inventory of the property effects and things assigned, so for as the same had come to his knowledge; the appraisers appointed by this Court to appraise the property, effects and things so inventoried having this day filed their appraisement, which shows an appraisement of the value of the property effects and things as inventoried as assigned, to amount to the sum of nineteen thousand five hundred and eighty four dollars; the said assignee having this day given bond with good and sufficient security, in the sum of thirty thousand dollars, conditioned according to law, which is approved by the Court; and the said assignee having applied to this Court for an order of this Court authorizing and allowing him to proceed to sell and dispose of the property effects and things so assigned inventoried and appraised, at private sale in the ordinary course of trade and business, at the store occupied by said assignors or at such other place or places as said assignee may consider most proper in the City of St Louis for the period of three months from this date; and mature deliberation being thereupon has, It is ordered adjudged and determined by the Court that the said assignee, Edward Mead be authorized and allowed to sell and dispose of the property, effects and things so assigned inventoried and appraised or so much there of and such parts as he may be able and may consider advisable, at private sale in the ordinary course of trade and business at the store lately occupied by said assignors, Stephen C Jett and S Samuel Jett, or at such other place or places in the City of St Louis as he may consider best and most proper, for the period of three months from this date.
**In the matter of the assignment of Henry Pilcher and Henry Pilcher jr**
Order of Sale.
And now comes William W Wakelam, the assignee herein, and makes his statement, from which it appears to the Court that the interests of the creditors of said Henry Pilcher and Henry Pilcher, jr, will be best sub served by a private sale of the estate and effects assigned; and thereupon the Court doth order that the said assignee shall proceed to sell at private sale the said effects and estate for the period of forty days next ensuing from the date of this order for cash for all sums less than one hundred dollars, and for all sums over one hundred dollars at a credit of ninety days. The purchaser to give notes endorsed to the satisfaction of said assignee; provided, however, that said assignee shall not dispose of the said effects at such private sale for less than their appraised value, and if at the expiration of the said forty days the said assignee shall not have disposed of said effects at private sale he shall after giving ten days public notice of the time terms and place of sale by publication in some newspaper printed in the City of St Louis sell such balance unsold, at public vendue to the highest bidder, the terms of such sale at public vendue to be as above set forth to wit: for all sums under one hun
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> Handwritten Page Number on Record Book: 335
dred dollars, cash, for all sums above one hundred dollars, a credit of ninety days, the purchaser to give notes endorsed to the satisfaction of the assignee. Said assignee files a bond in the sum of forty five hundred dollars with good and sufficient security, conditioned according to law, which bond is approved by the Court.
**Joseph Garnean vs Steam Boat Sioux City**
Now at this day comes to defendant and files a bond for release of said Boat in the sum of One hundred and ninety eight dollars and fifty one cents, which bond is approved by the Court.
**Lewis O Bogy etal vs 877 William M Tompkins and D D Mitchell**
Satisfaction.
Now at this day come the plaintiff and acknowledges to have received full and entire satisfaction of the judgment herein rendered on the second day of November eighteen hundred and fifty eight for the sum of three hundred and eighty seven dollars and sixty six cents.
**John Mathews vs C E La Beaume and James Conran**
Satisfaction.
Augustus W Lewis, comes in open Court and by virtue of authority satisfactory to the Court, acknowledges to have received full and entire satisfaction of the judgment herein rendered on the twenty fifth day of October, 1855, for the sum of nine hundred and thirty one dollars and ninety cents.
**The State of Missouri on the relation of Jos Charless et al vs Aaron H Hackney et al Justices of County Court**
Petition for Certiorari filed.
**Edward Bredell vs Aaron H Hackney et al Justices of County Court**
Petition for Certiorari filed.
**Felix Coste, August Templer, and John Saugnisch. vs 265 The City of St Louis, Oliver D Filley, Francis Hassendeuble and George W Sherrick**
Petition.
Now at this day come again the parties, by their respective attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial progressed but not being finished further proceedings are laid over until tomorrow morning.
**Jacob H Eimer and Frederick W Trendenthal vs 22 William Beste and Felix Grima**
On Interplea of Joseph Deynoodt
Now at this day come the plaintiffs and Joseph Deynoodt interpleader, by their respective attorneys, and waiving a Jury submit this proceeding to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find the issues herein joined in favor of the plaintiffs. It is therefore considered by the Court that the said Interpleader take nothing by his interplead herein, but that the said plaintiffs go hence without day and recover of the said Interpleader their costs and charges in this behalf expended and have execution therefore.
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**Saturday January 5th 1859. Court met pursuant to adjournment. Present as before.**
**Richard R Field etal vs 4 Louis Magnus**
Dismissal.
On motion of the 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.
**Thomas Owens vs 400 Drayton Laventure etal**
Dismissal.
On motion of the 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 Leave is given the plaintiff to withdraw notes. sued on.
**Joel W Norcross etal vs 178. Henry Hudson**
Deposition of Edward E Tower for plaintiff, opened and filed.
**William W Haydon vs Irvin Z Smith etal**
Deposition of Edward E Tower for plaintiff, opened and filed.
**Franklin Field vs 299 Charles W Barr and The Marshall of St Louis County**
Order of Injunction.
Now at this day comes Franklin Field, by his attorney, and files a petition praying for an order of injunction against the Marshall of St Louis County and the Court having duly heard and considered the said application, doth order that on the plaintiffs filing a good and sufficient bond in the sum of four hundred and thirty dollars, conditioned according to law, the said Marshall of St Louis County his servants agents and attorneys be restrained and enjoined from all further proceedings under two certain executions issued from the Law Commissioners Count in favor of Charles W Barr versus Franklin Field until the further order of this Court. The said petitioner files a bond conditioned as above directed with Jesse arnott, as security, which bond is approved by the Court.
**Felix Coste, August Templer, and John Sangnisch vs 265 The City of St Louis, Oliver D Filley, Francis Hassendeuble, and George W Sherrick**
Petition.
Now at this day come again the parties by their respective attorneys and also the Jury empanelled and sworn herein, whereupon the trial progressed, and after proceeding at some length, it is on motion of the plaintiffs by their attorney ordered by the Court, that this suit be dismissed as to the defendant, Sherrick, thereupon the trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find in favor of the plaintiffs and against the defendant the City of St Louis, and assess the damages at the sum of Seventeen thousand five hundred and seventeen dollars and eighty cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid by the Jury assessed and also their costs herein expended and have execution therefore.
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> Handwritten Page Number on Record Book: 337
Court met pursuant to adjournment. Present as before.
**Franklin Field vs 299 Charles W Barr etal**
Answer of Charles W Barr and Marshall of St Louis County and also motion to dissolve injunction filed.
**Jacob H Eimer etal vs Wm Beste etal**
Motion for new trial filed by inter pleader.
**John S Foster vs 23 Stephen M Whitehouse etal**
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.
Court met pursuant to adjournment. Present as before.
**Felix Coste etal vs 265 City of St Louis etal**
Motion for new trial filed. Motion in arrest of judgment filed debene use, Separate motions filed by Filley and Hassendeuble for judgment on verdick of Jury. Motion to dismisses to Filley and Hassendeuble filed by plaintiffs.
**George Pomeroy etal vs 163 Theodore Betts etal**
Bill of Exceptions filed.
**Zeb F Wetzel and Otto Wetzel vs 282 Joseph Murphy**
Order of Sale.
Michael S Cerre, Esq, Sheriff of St Louis County, comes and files a statement from which it appears that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit and is likely to depreciate in value; it is therefore ordered that said Sheriff sell said property according to law, and that he make a report of his proceedings under this order on or before the first day of the next teem of this Court.
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> Handwritten Page Number on Record Book: 338
Court met pursuant to adjournment. Present as before.
**Andreas Birk vs 772 William Juston jr etal**
Ordered that an alias Summons issue herein.
**Louis A Benoist vs Charles Tillman garn**
Answer of garnishee filed. Denial of answer filed.
**William Lindsay vs Thomas Conran**
Confession of Judgment.
Now at this day comes the defendant and files a statement duly verified by affidavit whereby he confesses himself indebted to the plaintiff in the sum of two hundred and ten dollars and fifteen cents. And consents that judgment may 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 herein expended and have execution therefore.
**Richard Crinnion vs 886 Daniel O Brien and Michael Campbell**
Dissolution of Injunction.
Now at this day come the parties, 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 for the defendants and assess their damages sustained by reason of the Injunction here to fore granted herein at the sum of twenty one dollars, It is therefore considered and adjudged by the Court that the said Injunction as therein recited be and the same is hereby dissolved and rendered null and void, and that the petition of the plaintiff be dismissed, and that the dependants recover of the said plaintiff, and Thomas Crinnion security the damages aforesaid in form aforesaid as assessed by the Court and also their costs herein expended and have execution therefore.
**Charles H Rhoads vs 181 Moses Perren**
Order of Sale.
Michael S Cerre, Esq, Sheriff of St Louis County, comes and files a statement from which it appears that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit, and is likely to depreciate in value; it is there fore ordered that said Sheriff sell said property according to law, and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
**John S Thompson administrator of Charles H Saltmarsh vs 136. William E Saltmarsh**
Appeal from Probate Court.
Now at this day come the parties, by their respective attorneys, and thereupon come also a Jury, to wit: Wilmol Cady, J B Saddler, High McGinnis, M Young, M Stevenson, Charles Higgins, Charles Packer, J E Brooks, Henry Linhorst, Peter Faster, Henry Herstmeyer and Simon Pottle, twelve good and lawful men, who being duly elected, trial and sworn the issues herein joined well and truly to try the trial progressed, but not being finished further proceedings herein are laid over until tomorrow morning at ten o'clock.
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> Handwritten Page Number on Record Book: 339
**William F Goodin vs Miles G Moies**
Confession of Judgment.
Now at this day comes the defendant and files a statement in writing duly verified by affidavit whereby he confesses himself indebted to the plaintiff in the sum of four hundred and twenty eight dollars and consents that judgment may 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 herein expended and have execution therefore.
**Samuel M Letcher vs 277 Harry I Bodley and Abraham M Mitchell**
Dismissal.
By consent of parties it is ordered by the Court that this cause be dismissed at the costs of the defendants and that execution issue therefore. By consent of parties leave is given the defendants to withdraw the note sued.
**Louis H Abrams vs Marshall Ford**
Depositions for dependant opened and filed.
**Judith Barnfield vs John W Barnfield**
Continued.
Court met pursuant to adjournment. Present as before.
**Abijah Whiting etal vs 8 Nathan W Jones**
Depositions for plaintiffs opened and filed.
**George W Pomeroy etal vs Robert M Renick etal**
Affidavit for continuance filed.
**Ohio Tool Company vs 637 John H Hall and Clark J Morton**
Satisfaction.
Plaintiff by its attorney comes and in open Court acknowledges to have received full and entire satisfaction of the judgment rendered herein on the sixth day of October 1858 for the sum of five hundred and ninety one dollars and fifty three cents.
**William T Hazard vs 692 Lyman Scott**
Depositions for plaintiff opened and filed.
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> Handwritten Page Number on Record Book: 340
**John S Thomson Administrator of Charles H Saltmarsh vs 130 William E Saltmarsh**
Now at this day come again the parties by their respective attorneys, and also the Jury empanelled and sworn herein and thereupon the trial progressed but not being finished further proceedings and laid over until tomorrow morning.
**Joseph Cooper to use of Martin P Hendrix vs Charles Shinkle, James Paul, and D F Worcester**
Petition.
Now at this day come the parties by their respective attorneys; and the defendants James Paul and D F Worcester, enter their appearance to this action and waive the service of process herein, and thereupon the parties consent and agree that judgment may be rendered herein for the plaintiff and against the defendants for the sum of One hundred and fifty dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid as greed upon and also his costs herein expended and have execution therefore. Thereupon the plaintiff, by his attorney, acknowledge to have received full and entire satisfaction of the above judgment agreement of parties filed.
Court met pursuant adjournment. Present as before.
**George Pomeroy et al vs Joshua H Alexander et al**
Continued on affidavit at defendants costs.
**John S Thompson administrator of Charles H Saltmarsh vs William E Saltmarsh**
Now at this day come again the parties by their respective attorneys and also the Jury empanelled and sworn herein, and thereupon the trial of this cause progressed but not being finished further proceedings are laid over until tomorrow morning.
**Wilson King vs 312 Ohio and Mississippi Rail Road Company**
Affidavit of D R Garrison filed.
**David C Peacock vs 305 Cornelius D Sullivan et al**
Dedimus to New York for plaintiff ordered.
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> Handwritten Page Number on Record Book: 341
**Henry M Buckner et al vs Frederick A Schmucker et al**
Ordered that a dedimus issue to Ohio for defendants.
**In the matter of the application of Alexander Finley**
Substitution of Trustee.
It appearing to the satisfaction of the Court from the statement of Alexander Finley duly verified by affidavit that John L Phillips trustee in a certain deed trust executed by Hugh McGarry on the ninth day of August eighteen hundred and fifty eight, which said deed is recorded in the Recorders Office of the County of St Louis Book number two hundred and fourteen page fifty of the records of said County has removed from the State of Missouri without having completed the performance of the duties imposed on him by said deed of trust. It is therefore ordered by the Court that Michael S Cure, Esquire, Sheriff of St Louis County, be and he is hereby appointed and substituted trustee in place of said John L Phillips, with the like trustees and powers, according to the statute in such case made and provided.
Court met pursuant adjournment. Present as before.
**Thomas Green vs 511 George B Field and William Hassinger**
It appearing to the Court that the judgment rendered on the seventh of October last past is irregular it is therefore, on motion of the defendants by their attorney ordered that the same be set aside and for naught held: and on motion of the plaintiff, by his attorney, it is ordered that the dismissed as to Field be set aside and that an alias summons issue for him.
**Thomas D Ford vs Eleazer J Beard and George N Beard**
Now at this day come the defendants, by their attorney, and file an affidavit for an appeal, wherefore it is ordered by the Court that an appeal be allowed them to the Supreme Court from the judgment herein rendered; thereupon the defendants file an appeal bond in the sum of four hundred and sixty five dollars conditioned according to law, with Philip A Kennedy and Joseph Summers as securities which bond is approved by the Court.
**John S Thompson administrator of Charles H Saltmarsh vs William E Saltmarsh**
Now at this day come again the parties, by their respective attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial progressed but not being finished further proceedings are laid over until Monday morning.
**Charles Hayward et al vs 70 William Prager**
On motion of the plaintiffs, 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.
**Louis H Abrams vs Marshall Ford**
Deposition for dependants opened and filed.
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> Handwritten Page Number on Record Book: 342
Court met pursuant adjournment. Present as before.
**William S Stamps administrator of Jane Foster vs 90 Joseph H Locke Executor of Legrand F Rucker**
Appeal from Probate Court.
Now at this day comes the parties, by their respective attorneys, and submit the motion for a new trial herein to the Court and the Court having duly heard and considered the said motion and being thereof fully advised doth order that the same be overruled; and by consent of parties it so ordered by the Court that the judgment rendered herein for the sum of twenty hundred and twenty one dollars and forty seven cents be set aside and for naught held; and thereupon the parties agree that judgment may be rendered herein in favor of the plaintiff against the defendant for the sum of fifteen hundred and fifty dollars. It is therefore considered by the Court that the said plaintiff recover of the estate of St Legrant, F Kevin in the hand of Joseph H Locker his executor, the sum aforesaid in form aforesaid as agreed upon and also his costs herein expended and that this judgment be certified to the St Louis Probate Court there to be provided on according to the statute in such case made and provided.
**State of Missouri on the relation of Joseph Charles et al. vs Aaron H Hackney Philip S Lanham and John M Wimer, Justices of the County Court of St Louis County.**
Petition for Certiorari.
Now at this day come the parties by their respective attorneys, and thereupon the Court proceeds to hear the application for a Writ of Certiorari herein, and the hearing thereof being finished, and the Court being fully advised of and concerning the premised doth order that said application be refused, and that the petition herein be dismissed at the costs of the relators and that execution issue therefore Opinion of Court filed.
**State of Missouri on the relation of Edward Bredell vs Aaron H Hackney, Philip S Lanham and John M Wimer, Justices of the County Court of St Louis County.**
Petition for Certiorari.
Now at this day come the parties, by their respective attorneys, and thereupon the Court proceeds to hear the application for a Writ of Certiorari and the hearing thereof being finished, and the Court being thereof fully advised doth order that said application be refused, and that the petition herein be dismissed at the costs of the relator and that execution issue therefor.
**John S Thompson Administrator of Charles H Saltmarsh vs 136 William E Saltmarsh**
Now at this day comes the parties, by their respective attorneys, and also the Jury empannelled sworn herein, and thereupon the trial cause progressed but not being finished further proceedings are laid over until tomorrow morning.
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> Handwritten Page Number on Record Book: 343
Court met pursuant adjournment. Present as before.
**Mathew Rippey vs Meyer Fride**
Satisfaction
Plaintiff by his attorney, come in Open Court and acknowledges to home received full and entire satisfaction of the judgment rendered herein on the Eleventh day of November last past.
**Julia A Coover. vs 86 M C Walker et al**
Now at this day comes the plaintiff by her attorneys, and waives leave to amend the petition herein; and on motion until to first day of the next term of this Court is given the defendants to answers.
**Wilson King vs 312 Ohio and Mississippi Rail Road Company**
Motion to set aside judgment and recall execution filed.
**John S Thompson Administrator of Charles H Saltmarsh vs 136 William E Saltmarsh**
Now at this day come again the parties, by their respective attorneys and also the Jury empanelled and sworn herein, and thereupon the trial progressed and being finished the Jury retire to consider of their verdict.
**William C Jamison vs James Castello, late Sheriff of St Louis County, William M Morrison, Rufus J Lackland, James R Burtis, Thomas W Alexander, Platt R Green and Joseph Charles**
Order of Injunction.
On motion of the plaintiff, it is ordered that the following be made "nunc protune" as of the fifth day of October eighteen hundred and fifty eight. On reading and filing the petition and the plaintiff having filed a bond in the sum of one thousand of one thousand dollars, conditioned according to law, with Thomas J Henley and George W Cline, as securities, which is approved by the Court it is ordered that James Castello, late Sheriff of St Louis County his servants, agents and attorneys, be restrained and enjoined form selling the undivided half of a certain lot of ground, attached by him an the property of Platt R Green, mentioned and described in said petition as follows; to wit; a certain lot of ground in the City of St Louis, County of St Louis, State of Missouri, being lot No 23 in Block no there in Beaumonts Addition to said City containing 25 feet front on Locust street by 134 feet e inches in depth to an alley bounded "North by Locust street East by lot No 24, South by and alley and West by lot No 22;" until the further order of this Court.
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> Handwritten Page Number on Record Book: 344
Court met pursuant adjournment. Present as before.
**Percival Platt vs 10 William Bevard**
Second amended petition filed. By consent of parties twenty days time is given the defendants to plead herein.
**Benn C Platt vs William Bevard**
Second amended petition filed. By consent of parties twenty days time is given the defendants to plead herein.
**John S Thomas administrator of Charles H Saltmarsh vs 136 William E Saltmarsh**
Appeal from Probate Court.
Now at this day come again the parties by their respective attorneys, and also the Jury empanelled and sworn herein, and the Jurors aforesaid being agreed upon a verdict upon their oaths aforesaid find that the defendant had in his possession at the time of the filing of the petition in the Probate Court the sum of twenty five hundred dollars, in money, belonging to the estate of Charles H Saltmarsh. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid by the Jury found and also his costs herein expenden.
**Jacob Bersche, Adam Reichlscheid, and Philip Kraft. vs The Globe Mutual Insurance Company**
Petition on Policy of Insurance.
Now at this day come the parties, by their respective attorneys, and thereupon come also a Jury, to wit: Wm Mucisk, J F Massman, Edwd Burdean, Saml McClung, Larkin Craig, J McHarris, Chas Keuhner, Jas Purvis, Sidney Bentz, N Darch, J Bigelow and Jno Hager. Twelve good and lawful men who being duly elected tried and sworn the issues herein joined well and truly to try the trial progressed but not being finished further then proceedings are laid over until tomorrow morning.
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> Handwritten Page Number on Record Book: 345
Court met pursuant adjournment. Present as before.
**William c Jamison vs James Castello et al**
Now at this day come the defendants, Wm. M Marrison and R J Lackland, by William H Lackland, their attorney, and enter their appearance to this action and waive the issue and service of process herein.
**Harris D Booge vs Peter S Schyler et al**
On motion of the defendants, Abram A Vanworner, by his attorney, leave is given Kim to withdraw note seed on. Thereupon the said defendant withdraws said not and files a copy thereof.
**Charles H Saltmarsh admr vs William E Saltmarsh**
Motion for a new trial filed.
**Elzey G Burkham et al vs 725 James F Aglar**
Dismissal.
On motion of the plaintiffs, by their attorneys, it is ordered by the Court that this cause be dismissed at the costs of the said plaintiffs and that execution issue therefor. Note withdrawn by leave.
**E Lowry vs 216 Lewis A Welton et al**
Dismissal.
On motion of the plaintiffs, his attorneys, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor. Note withdrawn by leave of Court.
**Stephen Haskell et al vs 421 Cornelius D Sullivan**
The Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth order that the same be overruled: and the Court having also duly heard and considered the motion to tax the costs herein against the plaintiffs and being thereof fully advised doth order that the same be overruled. Bill of Exceptions filed.
**Martin G Noyes and Edward W Sherbourne. vs 332 Alla Lea**
Order of Sale.
Michael S Cure, Esq, Sheriff of St Louis County, comes and files a statement from which it appears that the Keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit, and is likely to depreciate in value, it is therefore ordered that said Sheriff sell said property according to law, and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
**Issac H Mason vs 188 John Warner**
The Court having duly heard and considered the Demurrer to the petition herein and being thereof fully advised doth order that the same be sustained and that this suit be dismissed, for want of jurisdiction, at the costs of said plaintiff and that execution issue therefor.
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**Viewer Page 350** (rcdbook1858_28_0349.jpg)
> Handwritten Page Number on Record Book: 346
**Jacob Bersche, Adams Reichslcheid, and Philip Kraft vs The Globe Mutual Insurance Company**
Now at this day come again the parties, by their respective attorneys and also the Jury empanelled and sworn herein and thereupon the trial progressed, but not being finished further proceedings are laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
**Antoine R McNair et al vs 269 Michael Lott et al**
Continued generally
**Antoine R McNair et al vs 271 James S Smith et al**
Continued generally
**Antoine R McNair et al vs 272 Philip Rower et al**
Continued generally
**Antoine R McNair et al vs 273 Caroline Austin et al**
Continued generally
**Louis Rover et al vs Adolph Muir and Jno C Rust garn. of Wm Silver**
Garnishment on Execution.
On motion of S H Gardner, attorney for said garnishees and the plaintiff having failed to file interrogatories herein it is ordered that said garnishees be discharged hence at the costs of the said plaintiffs and that execution issue therefor. The sum of five dollars is allowed each garnishee for appearing herein.
**Jacob Bersche, Adam Reichlscheid and Philip Kraft vs The Globe Mutual Insurance Company**
On Policy of Insurance.
Now at this day come again the parties their respective attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiffs and, assess the damage at the sum of five thousand one hundred and three dollars and thirty three cents. It is therefore consider by the Court that the said plaintiffs recover of the said defendants the sum aforesaid inform aforesaid as assessed, and also their costs herein expended and have execution therefor.
**St Louis Car Wheel Co vs John Lowry**
Bill of Execution filed by plaintiff.
**John M Krum et al assignees. vs 581 Eleager J Beard et al**
Stipulation of parties filed.
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**Viewer Page 351** (rcdbook1858_28_0350.jpg)
> Handwritten Page Number on Record Book: 347
**Charles Fink vs 149 Albert Billings and George W Billings**
Satisfaction.
Plaintiff person, comes in open Court and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the thirtieth day of November last fast for the sum of twenty five hundred dollars.
**Joseph Farrell vs Paul Carlin et al**
On motion, leave is given the plaintiff to withdraw the note sued on for the purpose of taking depositions to be used herein.
**Chas H Saltmarsh admr vs Wm. E Saltmarsh**
Motion is arrest of judgment filed.
Court met Pursuant to adjournment. Present as before.
**John M Krum and Chester Harding Jr assignee of Rogers Anderson and Company vs 551 Eleazer J Beard et al**
Now at this day come the defendants and file an affidavit for an appeal herein wherefore it is ordered that an appeal be allowed them to the Supreme Court from the judgment herein rendered and thereupon the said defendants file an appeal bond conditioned according to law with good sufficient security which bond is approved by the Court.
**Joseph C Johnson vs 685 James Andrews**
Petition.
Now at this day come the parties by their respective attorneys, and waving 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 for the plaintiff and assess the damages sustained by reason of the premises in the petition mentioned at the sum of one cent. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid by the Court assessed, and have execution therefor and that the said plaintiff pay the costs herein and that execution therefor.
**Jacob Bersche et al vs The Globe Mutual Ins Co.**
Motion for a men trial filed.
**Isaac H Mason vs John Warner**
Motion to set aside judgment of dismissal filed.
---
**Viewer Page 352** (rcdbook1858_28_0351.jpg)
> Handwritten Page Number on Record Book: 348
**Joseph S Hull vs 254 James M Leon, Anna M Lyon, C C Whittelsey and William C Jamison administrators de bonis non of Robert. N. Moore and C C Whittelsey administrator of Alexander Moore and David C Hall.**
Foreclosure of Mortgage.
Now at this day come said parties by their respective attorneys and consent and agree that judgments be rendered herein against said defendants for the sum of thirty two hundred dollars: whereupon the Court doth find from the instrument of writing on which this action is founded that the defendants are indebted to said plaintiff in the sum of thirty two hundred dollars, and the Court doth further find that the statement in said petition made are true and that the mortgage made was executed in the manner and for the purpose therein set forth. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid as agreed upon, and also his costs and charges herein expended, and that the equity of redemption in the premises and property in said mortgage and petition described be forever foreclosed and the aforesaid debt and damages and costs be livid of the said property and premises described in said petition and mortgage as follows: to wit" "the undivided two thirds of the following tract or parcel of land situate in the County of St Louis, to Wit: the undivided two thirds of one hundred and twenty arpens of land, which was purchased by said Robert and Alexander Moore and Elizabeth Moore from M P Leduc, Robert Collet and Joseph Charles, Commissioners, appointed by the St Louis Circuit Court to make parties of certain real estate-and which one hundred and twenty arpens was conveyed to said Robert Alexander and Elizabeth Moore by said Commissioners by deed dated the twenty ninth day of July, at 1837, and for a more particular description of which property reference may be had to said Deed from said Commissioners;" and if the mortgaged property be not sufficient to satisfy said debt and damage or damages and costs then the residue to be levied of other goods and chattels, lands and tenements of said mortgagers, and that execution issue therefor. Thereupon the plaintiff, by his attorney, acknowledges to have received full and entire satisfaction of the above judgment.
**Percival Platt vs 10 William Bevard**
Demurrer to Second amended petition filed.
**Stephen Haskell et al vs 421 Cornelius D Sullivan**
Now at this day comes the defendant and files an affidavit for an appeal herein wherefore it is order that an appeal be allowed him to the Supreme Court from the judgment herein rendered; thereupon the said defendant files an appeal bond conditioned according to law which is approved by the Court.
**Charles H Saltmarsh vs Wm. E Saltmarsh**
Motion for rule on defendant and counsel to show cause why verdict should not be amended by the Court filed.
**Charles S Hempstead vs John d Wilson et al**
On motion until the first day of the next term of this Court is given the defendant Biddle to answer the amended bill.
**Price Frost & Co. vs 42 D T Wheeler & Co**
Continued.
---
**Viewer Page 353** (rcdbook1858_28_0352.jpg)
> Handwritten Page Number on Record Book: 349
**John S Virden**
President of the St Louis University, comes in Open Court and acknowledges the execution of a Deed of emancipation, by him as such President, to a certain negro slave Samuel Tyler, aged eighteen years, of a copper color and marked with a small scar on the centre of the forehead the property of said University. Said Virden being personally known to the Court.
**John S Virden**
President of the St Louis University, comes in Open Court and acknowledges the execution of a Deed of emancipation, by him as such President, to a negro slave Thos Tyler, aged twenty three years, of copper color, the property of said University. Said Virden being personally known to the Court.
**John S Virden**
President of the St Louis University, who is personally known to the Court, comes into Court and acknowledges the execution of a Deed of emancipation, to a negro slave George Tyler, aged twenty five years, of light copper color, the property of said University.
**Jno S Virden**
President of the St Louis University, who is personally known to the Court, comes into Court and acknowledges the execution of a Deed of emancipation, to anegro slave Edmond Tyler, aged twenty seven years, of copper color, the property of said University.
Court met pursuant to adjournment. Present as before.
**Madison Miller vs 613 J B H Jacobs**
The Court having duly heard and considered the demurred to the petition herein and being thereof fully advised doth order that the same be sustained and that this cause be dismissed at the costs of said plaintiff and that execution issue therefore.
**Jno C Patter et al vs 52 Jno McDowell**
The Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth overrule the same.
**Andreas Birk vs 771 Wm Turton Sr et al**
Ordered that an alias Summons issue herein.
**Jacob Bersche, Adam Reichlscheid and Philip Kraft vs The St Louis Mutual Fire and Marine Insurance Company**
On Policy of Insurance.
Now at this day come the parties by their respective attorneys, and on motion of the defendants, leave is given to amend the answer herein by striking out the first six lines thereof which amendment is accordingly made; thereupon come also a jury, to wit; E J Meegan, Thos Booth, A Slea, Noah Rives, W J Clendenin, Paul Companiot, E H Smith, M L Green field, H B Bryan, S A Laville, Fly Richardson, and D Wells, twelve good and lawful men who being duly elected tried and sworn the issues herein joined well and truly to try the trial progressed but not being finished further proceedings are laid over until tomorrow mornings.
---
**Viewer Page 354** (rcdbook1858_28_0353.jpg)
> Handwritten Page Number on Record Book: 350
Court met pursuant to adjournment. Present as before.
**In the matter of the assignment of John P Grady**
Order of Sale.
On application of C F Burns, assignee herein, it is ordered by the Court that he proceed to sell at private sale the property and effects assigned upon a credit of six and twelve months and at a price not less than the value fixed by the appraisers; payments to be secured by endorsed notes.
**Abijah Whiting et al vs St Louis Lumberman and Mechanics Ins Co.**
It is ordered by the Court that the order overruling the demurrer herein be set aside, and the Court having duly heard and considered the demurrer herein and being thereof fully advised doth order that the same be sustained. Until the first day of the next term of this Court is given the plaintiffs to amend.
**Andrew Thorp et al vs 201 John Paker**
Ordered that an alias Summons issue herein.
**Patrick T M Sherry vs 224 Henry S Strong et al**
Dismissal.
On motion of the plaintiff by his attorneys, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Jacob Bersche Adam Reichlscheid and Philip Kraft. vs The St Louis Mutual Fire and Marine Insurance Company**
On Policy of Insurance.
Now at this day come again the parties, by their respective attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiffs and assess the damages at the sum of five thousand one hundred and sixty five dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid by the Jury assessed and also their costs herein expended and have execution therefor.
---
**Viewer Page 355** (rcdbook1858_28_0354.jpg)
> Handwritten Page Number on Record Book: 351
J R Troxellis, on motion of F C Sharp, admitted and enrolled as a member of this Bar.
**George P Richardson vs 323. William P Howard**
The Court having duly heard and considered the motion to strike out parts of answer herein and being thereof fully advised doth overrule the came.
**George Gartt et al vs William Wood and Charles Creely**
Satisfaction.
John M Krum, attorney, for the plaintiffs, comes in open Court and acknowledges to have received full and entire satisfaction of the judgment herein rendered on the 21st day of April, 1853.
**Joshua B Prank and W M McPheeters vs George W Manning**
Order of Injunction.
On reading and filing the petition herein, and the plaintiffs having filed a bond, in the sum of five hundred dollars with Samuel Gaty as security, conditioned according to law, which bond is approved by the Court, it is ordered that the defendant, his servants, agents and attorneys, be restrained and enjoined from all further proceedings under a certain execution issued by Justice Covert on a Judgment obtained by Olley Williams against the plaintiffs and one William B Watson for the sum of seventy dollars and seventy cents, until the further order of this Court.
**St Louis Car Wheel Company vs 402 John Lowry**
Now at this day comes the plaintiff, by its attorney and files an affidavit for an appeal herein, wherefore it is ordered by the Court that an appeal be allowed said plaintiff to the Supreme Court from the judgment herein rendered: thereupon the plaintiff files an appeal bond with D P Green, as principal, and Thomas Hays and Warren Curries as securites, which bond is acknowledged by the obligors and approved by the Court.
**Perarial Platt vs 10 Wm Bevard**
Dedimus ordered to Illinois for plaintiff.
Depositions for plaintiff opened and filed.
Agreement of Counsel filed.
**Bern C Platt vs 11 Wm Bevard**
Dedimus to Illinois for plaintiff. Depositions for plaintiff opened and filed. Agreement of Counsel Filed.
**Julia Ann Coover vs M C Walker et al**
Dedimus ordered of Ohio for plaintiff.
**Andrew F Hummitsch vs 702 The Franklin Insurance Company of St Louis**
Dismissal. On motion of the 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.
---
**Viewer Page 356** (rcdbook1858_28_0355.jpg)
> Handwritten Page Number on Record Book: 352
**John Girard vs 753 The Franklin Ins Co**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismisses at the costs of said plaintiff and that execution issue therefor.
**Andrew F Hummitsch vs 755 The St Louis Mutual Fire and Marine Ins Co.**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismisses at the costs of said plaintiff and that execution issue therefor.
**Samuel Gaty et al vs 757 The Pacific Ins Co**
Dismissal.
On motion of the plaintiff by their attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Samuel Gaty et al vs 759 Home Mutual Fire and Marine Ins Co of St Louis**
Dismissal.
On motion of the plaintiff by their attorney, it is ordered by the Court that this cause be dismisses at the costs of said plaintiff and that execution issue therefor.
**Jacob Bersche, Adam Richdschied, and Philip Kraft vs 751 The Franklin Insurance Company of St Louis, Mr.**
Petition on Policy of Insurance.
Now at this day come the parties, by their respective attorneys, and thereupon come also a Jury, to wit: A F Keller, B McCarty, J R Donohoe, Frederick Sherrick E J McGreen, Alfred Sled, N Rives, Paul Companiot, E H Smith, M L Green field, J S Post and James Link, 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 finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiffs and assess their damages at the sum of five thousand one hundred and sixty five dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid if form aforesaid as assessed and also their costs herein expended and have executor therefor.
**Jacob Bersche, Adam Richdschied, and Philip Kraftvs 751 The Pacific Insurance Company**
On Policy of Insurance.
Now at this day come the parties, by their respective attorneys, and thereupon come also a Jury, to wit: A F Keller, B McCarty, J R Donohoe, Frederick Sherrick E J McGran, Alfred Sled, N Rives, Paul Companiot, E H Smith, M L Green field, J S Post and James Link, 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 finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiffs and assess their damages at the sum of five thousand one hundred and sixty five dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid if form aforesaid as assessed and also their costs herein expended and have executor therefor.
**William Patrick et al vs 760 The Western Mutual Fire and Marine Ins Co.**
Stipulation of parties filed and cause continued until next term of this Court.
---
**Viewer Page 357** (rcdbook1858_28_0356.jpg)
> Handwritten Page Number on Record Book: 353
**Jacob Bersche, Adam Richdschied, and Philip Kraft vs Home Mutual Fire and Marine Insurance Company**
On Policy of Insurance.
Now at this day come the parties, by their respective attorneys, and by leave of Court and defendant amends his answer, filed herein, and thereupon come also a Jury, to wit: A F Keller, B McCarty, J R Post, J R Donohoe, Frederick Sherrick E J McGran, Alfred Sled, N Rives, Paul Companiot, E H Smith, M L Green field, and James Link, twelve good and lawful men who being duly elected tried and sworn the issue herein joined well and truly to try the trial of this cause progressed and afterward the plaintiffs saying that they will not further prosecute their suit in this behalf, it is, on motion, ordered that theybe non suited, and that they take nothing by their suit in this behalf, but that the defendant go hence without day and recover of the plaintiff its costs herein expended and have execution therefore.
Court met pursuant to adjournment. Present as before.
**The State Mutual Fire and Marine Ins Co of Pennsylvania vs 174 Daniel Weaver**
The Defendants motion for a new trial herein being heard and fully understood it is ordered that the same be overruled.
**Eugene Gwenadon vs 331 The German Savings Institution et al**
The defendants, Mick, comes and withdraws the motion to set aside the non suit herein.
**The State of Missouri to use of Iowa vs 512 Albert J Noble et al**
The Defendants motion for a new trial herein being heard and fully understood it is ordered that the same be overruled.
**John Shaw vs William Futhon**
Satisfaction.
Plaintiff, by his attorneys, comes in open Court and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the 15th day of October, 1858.
**Thomas Carson vs 455 Thomas Sproat**
The defendants motion for a new trial herein being heard and fully understood it is ordered by the Court that the same be overruled.
**David P Clay vs Union Line Transportation Co**
Order that a dedimus issue herein to Michigan for the plaintiff.
---
**Viewer Page 358** (rcdbook1858_28_0357.jpg)
> Handwritten Page Number on Record Book: 354
**Henry Von Phul et al vs James M McFaden, Miles Sells and Samuel M Edgell garn. of Edward Mathews**
Satisfaction.
William M Cooke plaintiffs attorneys in Open Court and acknowledges to have received full and entire satisfaction of the judgment herein rendered on the 11th day of March, 1856.
**Frank Darlin vs Joseph W Clark et al**
The Court having duly heard and considered the motion for a new trial him and being thereof fully advised doth overrule the same.
**Globe Mutual Ins Co. vs 404 James O Carson et al**
The Court having duly heard and considered the defendants motion for a new trial herein doth overrule the same.
**State of Missouri use of Williams Hurd's trustee vs 718 William H Tasker et al**
The defendants motion for a new trial herein being heard and fully understood it is ordered by the Court that the same be overruled.
**Wilhelmine Richard vs 408 Manhattan Life Ins Co.**
The defendants motion for a new trial herein being heard and considered and fully understood it is ordered that the same be overruled.
**Farrell vs Lynch**
Ordered that a dedimus issue the District of Columbia for the plaintiff.
**State Missouri use of Julius Voelker vs Jno H Garnhart et al**
Deposition for plaintiff opened and filed.
J P Devereux is enrolled as a member of this Bar on motion of S M Breckinridge.
**Jacob Bersche et al vs 758 Home Mutual Fine Marine Ins Co**
Motion for a new trial filed.
**Jacob Bersche et al vs 754 St Louis Mutual Fire & Marine Ins Co**
Motion for a new trial filed.
**Jacob Bersche et al vs 756 Pacific Ins Co**
Motion for a new trial filed.
**Jacob Bersche et al vs 757 Franklin Ins Co**
Motion for a new trial filed.
---
**Viewer Page 359** (rcdbook1858_28_0358.jpg)
> Handwritten Page Number on Record Book: 355
Court met pursuant to adjournment. Present as before.
**Thomas Carson vs Thomas Sport**
Bill of Exceptions filed.
**Philip B Hockaday vs Charles Gibson**
Demurrer to petition filed.
**Firemans Ins Co vs 199 William Hart**
Continued
**New Albany Ins Co vs 878. Wm Dwyer et al garn.**
Continued.
**National Ins Co vs Wm Dwyer et al garn.**
Continued.
**Ins a Smith vs Wm Dwyer et al garn.**
Continued.
**Sam Montgomery vs Wm Dwyer et al garn.**
Continued
**The Commercial Ins Co vs Wm Dwyer et al garn.**
Continued.
**Chitteck Montland vs 675 William C Smith**
Plaintiff, by his attorney, comes and remits forty two dollars of the judgment herein rendered: and the Court having duly heard and considered the defendants motion for a new trial herein and being thereof fully advised doth overrule the same.
**State of Missouri to use of Michael Werk etal vs 584 David Anderson etal**
The plaintiffs motion to set aside the non suit herein being heard and fully understood by the Court it is ordered that the same be overruled.
**John O Cannon vs 558 Daniel R Grace etal**
The defendants motion to set aside default, final judgment and assessment of damages being heard and fully understood by the Court it is ordered that the same be overruled.
**Thomas Brooks vs Henry Luft**
Satisfaction.
Plaintiff, in person, comes into Court and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the 27th day of November, 1857.
**Carl Wittig vs Jno Auedi**
Answer to petition for stay of execution filed by leave of Court.
**Louis Engel's admr, vs Jno L Bernicker etal**
Affidavit for continuance filed by plaintiff.
---
**Viewer Page 360** (rcdbook1858_28_0359.jpg)
> Handwritten Page Number on Record Book: 356
**George B Murray vs 697 Clark Hooper etal**
The Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth overrule the same.
**George W Carpenter etal vs 708 Morris D Myers**
The Court having duly heard and considered the defendants motion for a new trial herein and being thereof fully advised doth overrule the same.
**Joseph W Gooding vs 363 Jno Bean**
The plaintiffs motion to set aside the judgment herein being heard and by the Court fully understood it is ordered that the same be overruled.
**George G Presbury vs 740 Marcus A Wolf**
The Court having duly heard and considered the plaintiff motion for judgment for want of answer to amended petition and being thereof fully advised doth overrule the same and it is ordered by the Court that this cause be striken from the locket.
**John Finney vs Stephen Hoyt Comptroller**
Defendants Return to Alternative mandamus filed. Traverse of Return filed.
**Cerf Veil vs 782 Peter Gazzalo**
The defendants motion for a new trial herein being heard and by the Court fully understood it is ordered that the same be overruled.
**Thomas Bowe vs 813 Thomas Shehan**
The plaintiffs motion for a new trial herein being heard and by the Court fully understood it is ordered that the same be overruled.
**Henry M Buckner etal vs 7 Frederick A Schmucker etal**
**Henry M Buckner etal vs 8 Frederick Schmucker etal**
**Bowman C Baker etal vs 9 Frederick A Schmucker etal**
**Stephen D Grofflin etal vs 10 Frederick A Schmucker etal**
**Patrick Poland etal vs 11 Frederick Schmucker etal**
**George H Hill etal vs 12 Frederick Schmucker etal**
**Edward W Tiers etal vs 14 Frederick Schmucker etal**
The objections of Samuel Brooks to the sufficiency of the indemnification bond given by the said plaintiffs being heard and fully understood it is ordered that they be overruled. The said Samuel Brooks files a bill of exceptions.
---
**Viewer Page 361** (rcdbook1858_28_0360.jpg)
> Handwritten Page Number on Record Book: 357
**Herman Gelpke Frederick W Keutgen and Adolph Reicheltvs 430 Henry Pike**
On note.
Now at this day come the parties, 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 there from that the defendant to indebted to the plaintiffs in the sum of twenty hundred and eighty dollars. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid inform aforesaid by the Court found and also their costs herein expended and have execution therefore.
Court met pursuant to adjournment. Present as before.
**Herman Gelpke et al vs 480 Henry Pike**
Motion for new trial filed.
**In the matter of the application of Melvin L Gray administrator of Solomon P Sublette**
Substitution of Trustee.
It appearing to the Court from the statement of M L Gray duly verified by affidavit that John S Talbott trustee in a deed of trust executed by Josephus W Hall and Mary C his wife has departed this life without completing the performance of the duties imposed on him by said deed of trust. It is therefore ordered by the Court that Michael S Cure Sheriff of St Louis County be and he is hereby substituted trustee in place of John S Talbott, deceased, with the like powers and trusts according to the statute in such case made and provided.
**Thomas L Snead vs The Bank of the State of Missouri**
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 J Dohan etal vs 88 Andrew J Morrison**
The motion for additional indemnification bond being heard and fully understood by the Court it is ordered that the same be overruled.
**Stephen Montgomery etal vs 91 Andrew J Morrison**
The motion for additional indemnification bond being heard and fully understood by the Court it is ordered that the same be overruled.
---
**Viewer Page 362** (rcdbook1858_28_0361.jpg)
> Handwritten Page Number on Record Book: 358
**William P Wilstock etal vs 132 Andrew J Morrison etal**
The motion for additional indemnification bond to secure claim an to being heard and by the Court fully understood, it is ordered that the same be overruled.
**Louis Engel's admr vs 76 Jno L Bernicker etal**
Additional affidavit for continuance filed.
**Jacob H Eimer etal vs 22 William Beste etal**
The motion for a new trial on the inter plea herein being heard and fully understood by the Court it is ordered that the same be overruled.
**Thomas Caldwell etal vs 162 John McDowell**
The motion for a new trial on the plea in abatement herein being heard and fully understood is ordered that the same be overruled. Bill of Exceptions filed.
**Wilson King vs 312 Ohio and Mississippi Rail Road Company**
The defendants motion to set aside the judgment herein and recall execution being heard and fully understood it is ordered that the same be overruled.
**Lucinda Hempstead's admr etal vs 856 John K Hempstead etal**
The defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
**George W Carpenter et al vs Morris D Myers**
Bill of Exceptions filed.
**Thomas Caldwell and Gustavus English vs 179 John McDowell**
Now at this day come the parties, by their respective attorneys, and file an agreement herein, and by consent of parties the Court doth find the issue herein joined infavor of the defendant. It is therefore considered by the Court that the said defendant had not at the time of issuing the attachment herein fraudulently conveyed or assigned his property or effects so as to hinder or delay his creditors: wherefore it is ordered by the Court that the attachment herein be dissolved and this suit be dismissed at the costs of said plaintiffs and that execution issue therefore.
---
**Viewer Page 363** (rcdbook1858_28_0362.jpg)
> Handwritten Page Number on Record Book: 359
Court met pursuant to adjournment. Present as before.
**Christian Pessa vs 172 August Johns**
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 therefore.
**John C Unseld vs 776 James N Stephenson etal**
The defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
**George Pomeroy etal vs 328 Robert M Renick etal**
Ordered that a dedimus issue to the Territory of Kansas for the defendants.
**George W Carpenter etal vs 708 Morris D Myers**
Now at this day comes the defendant and files an affidavit for an appeal herein, wherefore it is ordered that an appeal be allowed him to the Supreme Court from the judgment herein rendered, and thereupon the said defendant files an appeal bond, conditioned according to law, with good and sufficient security which bond is approved by the Court.
**Jeffrey Seymour vs 386 Miles G Moies and Henry M Woodward**
On Bills of Exchange.
Now at this day come the plaintiff and the defendant, Woodward by their respective attorneys, and the defendant, Moies, having withdrawn his answer herein, where by this suit remains undefended as to him, it is on motion of the plaintiff ordered that the petition herein be taken against him as confessed: and no Jury being required this cause is submitted to the Court upon the pleadings proofs and agreed facts, and the Court having duly heard and considered the same doth find the issues herein joined in favor of the defendant, Woodward; and the Court doth find from the instruments of writing on which this action to founded that the defendant Moies is indebted to the plaintiff in the sum of eight hundred and forty two dollars and thirty two cents. It is therefore considered by the Court that the said plaintiff take nothing by his suit in this behalf against the said defendant, Woodward, and that he recover of the said defendant, Moies, the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefore.
**Charles H Thompson admr, vs 186 William E Saltmarsh**
The plaintiffs motion for a rule on defendant to show cause why verdict should not be amended by the Court being heard and fully considered, it is ordered that the same be overruled: and the defendants motion for a new trial being heard and fully considered by the Court, it is ordered that the same be sustained.
**Eugene Jaccard et al vs William C Anderson Jr**
The Court having duly heard and considered the motion for a rehearing of motion for a new trial herein and being there of fully advised doth overruled the same: and the Court having also heard and considered the motion for a rehearing of motion in arrest of judgment doth overrule the same.
---
**Viewer Page 364** (rcdbook1858_28_0363.jpg)
> Handwritten Page Number on Record Book: 360
**Lewis Emmonsvs 26 A B Fenton etal**
Ordered that a Dedimus issue to for plaintiffs.
**Jacob H Eimer etal vs 22 William Beste etal**
The interpleader files a Bill of Exceptions herein.
**Wm Sausser vs 278 R F Cooper**
Satisfaction.
Plaintiff, by his attorney, in open Court, acknowledges to have received full and entire satisfaction rendered herein on the 19th day of November 1858.
**Wm Sausser vs 856 Franklin Bull garn. of Cooper**
Satisfaction.
Plaintiff by his attorney acknowledges to have received full and entire satisfaction of the judgment herein against said garnishee.
**Louis Engel's admr, vs 76 John L Bernicker etal**
The defendants motion to require the receiver to file additional security on bond being heard and fully considered by the Court it is ordered that the same be overruled: and the defendants motion to increase the penalty of the injunction bond being heard and fully considered by the Court it is ordered that the same be sustained, and that the penalty of said Bond be increased to the sum of four thousand dollars. Three days is given to file additional security. The motion to dissolve the injunction herein is continued on affidavit and amended affidavit of the plaintiff.
**Franklin Field vs 299 Charles W Barr etal**
The motion to dissolve the injunction herein being heard and fully considered by the Court, it is ordered that the same be overruled.
**William L Ewing, Albert G Edwards, Nathan Cole and Philip W Heermans vs 165 Robert a Reilly, Richard J Lockwood, Ralph P Voorhies and William H Pearson**
Petition on Bond.
On motion of plaintiffs, by their attorneys, it is ordered by the Court that the entry of judgment herein made on the eighth day of December, last past, be set aside, and the following entered "rune protunc, " as of that date in lien thereof.
Now come the plaintiffs and the defendants, Lockwood, Pearson and Voorhies, by their respective attorneys, and the defendant, Robert A Reilly, although having been duly summoned and being now solemnly called, comes not but makes default, wherefore it is ordered that the petition herein be taken against him as confessed: and thereupon the plaintiffs and the defendants, Lackwood, Pearson, and Voorhies, waive a Jury and submit the issues herein joined to the Court upon the pleadings and proofs, and the plaintiffs also submit to the Court the assessment of their damages as against said Reilly; and the Court being fully advised in the premises doth find said issues in favor of said plaintiffs, and, doth assess their damages sustained by reason of the premises in their petition mentioned at the sum of twelve hundred and twenty four dollars and twenty five cents as against said Lackwood, Pearson and Voorhies, and also as against, said Reilly; therefore, it is considered by the Court that the said plaintiffs recover of the said defendants in this cause the damages aforesaid in form aforesaid as assessed, and also their costs herein expended and have thereof execution. The defendants, by their attorney, thereupon file a motion for a new trial herein.
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**Viewer Page 365** (rcdbook1858_28_0364.jpg)
> Handwritten Page Number on Record Book: 361
**William L Ewing etal vs Robert A Reilly etal**
The Court having duly heard and considered the motion for a new trial herein doth order that the same be overruled.
**Taunton Locomotive Manufacturing Co vs 31 Terre Haute Alton & St Louis R R Co**
Ordered that dedimus issue to Massachusetts for the plaintiff.
**Joel W Norcross etal vs 178 Henry Hudson**
Ordered that dedimus issue to Pennsylvania for plaintiff.
Court met pursuant to adjournment. Present as before.
**John S Hull etal vs John H Hall and Clark J Morton**
Satisfaction.
A M Gardner plaintiffs attorney, in open Court acknowledges to have received full and entire satisfaction of the judgment rendered herein on the 6th day of October last past.
**Lucien Sinner vs Thomas E Courtney**
On Bill of Exchange.
Now at this day comes the plaintiff, by his attorneys, and files a petition herein, thereupon comes the defendant and files his appearance herein whereby he waives service of process and enters his appearance to this action as if served with process twenty days before the first day of the present term of this Court; and the said defendant failing further to appear or plead herein it is, on motion of the plaintiff, by his attorneys, ordered that the petition herein betaken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of ten hundred and eighty three dollars and thirty five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid inform aforesaid as found and also his costs herein expended and have execution therefor.
**Thomas Reyburn's Ex &c, vs 365 Thomas A Lonergan**
On motion leave is given to file an amended and supplemental petition.
**George B Sanderson vs Philip S Lanham, Wm. C Woodson, Wm. P Fenn, R H Stevens, Walter H Dorsett and John McDowell**
Satisfaction.
Plaintiff in person, acknowledges to have received full and entire satisfaction of the judgment herein.
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**Viewer Page 366** (rcdbook1858_28_0365.jpg)
> Handwritten Page Number on Record Book: 362
**John Riggin Jr vs 263 Philip S Lanham, Charles L Hunt, Wm. C Woodson, Wm P Fenn, Richard H Stevens, Walter H Dorsett, Robt A Walton and John McDowell**
Satisfaction.
John Riggin, Sr, agent for plaintiff acknowledges to have received full and entire satisfaction of the judgment rendered herein on the 12th day of October last past.
**John Riggin Jr vs 264 Charles L Hunt, W H Dorsett, R H Stevens, Wm C Woodson, Philip S Lanham, Wm P Fenn and Kohn McDowell**
Satisfaction.
John Riggin Sr, agent for the plaintiff, acknowledges to have received full and entire satisfaction of the judgment rendered herein on the 12th of October 1858.
**John Riggin Jr vs 282 Philip S Lanham, Charles L Hunt, Wm C Woodson, Wm P Fenn, R H Stevens, Walter H Dorsett, Robt A Walton and Jno McDowell**
Satisfaction.
John Riggin Sr agent for the plaintiff, acknowledges to have received full and entire satisfaction of the judgment rendered herein on the 7th day of October 1858.
**Isaac H Mason vs 188 John Warner**
The plaintiffs motion to set aside the judgment of dismissal and to reinstate this cause being heard and by the Court fully understood it is ordered by the Court that the same be overruled.
**Percival Platt vs 10 William Bevard**
Continued.
**Joseph Brown vs 468 Joshua V Throop etal**
The defendants motion for a new trial being heard and fully considered by the Court it is ordered that the same be overruled.
**George Fitzpatrick etal vs 706 Emanuel Block**
The motion for a new trial herein berg heard and fully considered by the Court it is ordered that the same be overruled.
**State of Missouri to use of Wm Hurd's trustee vs 718 William H Tasker etal**
By consent of parties until the first day of the next term of this Court is given the defendants to file a bill of exceptions herein.
**George G Presbury vs 406 Joseph L Papin etal**
The motion to quash the execution herein being heard and fully considered by the Court it is ordered by the Court that the same be overruled.
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**Viewer Page 367** (rcdbook1858_28_0366.jpg)
> Handwritten Page Number on Record Book: 363
Court met pursuant to adjournment. Present as before.
**John C Potter Jr etal vs 52 John McDowell**
Bill of Exceptions filed by plaintiffs.
**Frank Devlin vs 462 Joseph W Clark etal**
Bill of Exceptions filed by defendants.
**John C Unseld vs 776 James N Stephenson etal**
Bill of Exceptions filed by defendants.
**State of Missouri use of Wm Hurds trustee vs 718 William H Tasker etal**
The defendants, by their attorney, file an affidavit for appeal herein, wherefore, it is ordered that an appeal be allowed them to the supreme Court from the judgment herein rendered and they thereupon file an appeal bond which is approved by the Court.
**Thomas Green vs 511 George B Field etal**
The defendant Filled, by Cline Jamison, his attorneys, waiving the service of process, enters his appearance to this action.
**Louis C Garnier vs 597 Charles L Hunt, W H Dorsett, WW P Fenn, R H Stevens, Robt A Dalton, Philip S Lanham and John McDowell**
Satisfaction.
William M Cooke, plaintiffs attorney, comes into Court and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the 27th day of April 1858.
**Charles Richardson vs 743 Miles G Moies etal**
The defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
**Lucinda Hempstead's administrator etal vs 856 John K Hempstead etal**
Commissioners Report confirmed.
Now at this day come the parties by their respective attorneys, and submit the defendants exceptions to the commissioners Report to the Court, and the Court having duly heard and considered the same and being thereof fully advised doth order that said exceptions be overruled; and on motion of the petitioners, by their attorneys, and no cause being shown to the contrary, it is further ordered by the Court that the said Commissioners Report be confirmed as firm and effectual forever. The Court allows Cline and Jamison petitioners attorneys, one hundred and fifty dollars, as Counsel fee, to be taxed as costs.
**George W Gooding vs John Bean**
Motion to set aside judgment on motion to set aside non suit filed.
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**Viewer Page 368** (rcdbook1858_28_0367.jpg)
> Handwritten Page Number on Record Book: 364
**George G Presbury et al vs 406 Joseph L Papin et al**
The defendants, by their attorney file an affidavit for an appeal and on their motion an appeal is allowed them to the Supreme Court from the judgment of this Court herein, and they thereupon file an appeal bond, conditioned according to law, which is approved by the court.
Court met pursuant to adjournment. Present as before.
**Charles S Hempstead vs 58 Thomas Hempstead admr et al**
Answer of John Biddle filed.
**Lucinda Hempstead's administrator et al vs 856 John K Hempstead et al**
The defendants file a Bill of Exceptions, and an affidavit for an appeal herein, whereupon an appeal is allowed them to the Supreme Court from the judgment herein, and they thereupon file an appeal bond with John K Hempstead, as principal and E Gray and William M Watson as surcties which bond is approved by the Court.
**Henry Kraus et al vs 330 Charles S Coxe et al**
Alias Attachment and Summons ordered.
**P B Hockaday vs Charles Gibson**
answer to motions filed.
**James L Gray vs 291 The Pacific Railroad**
The plaintiff, by his attorney, remits the sum of five hundred and seventeen dollars of the judgment herein rendered: and the defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
**Louis Engel's administrator vs 76 John L Bernicker et al**
The plaintiff files an additional Injunction Bond herein in the sum of four thousand dollars with himself as principal and Peter Schorner, as security, which said Bond is approved by the Court.
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**Viewer Page 369** (rcdbook1858_28_0368.jpg)
> Handwritten Page Number on Record Book: 365
**State of Missouri to use of John Decker vs 222 William D Oench et al**
The defendants motion to set aside the verdict herein and grant a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
**John C McCausland et al vs 568 Richard Foley et al**
The defendants motion for a new trial herein being heard and fully considered it is ordered that the same be overruled.
**Joseph L Derbin et al vs 25 John H Sparr et al**
The Court having duly heard and considered the motion to quash the execution issued against Daniel able and to set aside order granting same doth order that said motion be sustained and that said execution be quashed and the order granting same at aside and for naught held.
**Herman Gelpke et al vs 430 Henry Pike**
The defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
**Jacob Bersche et al vs 754 St Louis Mutual Fire and Marine Insurance Company**
The defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled. The defendant files a Bill of Exceptions.
**Globe Mutual Insurance Company vs James O Carson et al**
Bill of Exceptions filed.
**Terre Haute Alton and St Louis Rail Road Company vs 514 Abram A Vanworner**
Petition for production of books filed.
**Taunton Locomotive Manufacturing Companyvs 31 Terre Haute Alton and St Louis A A Co**
Exemplification of Chanter filed.
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**Viewer Page 370** (rcdbook1858_28_0369.jpg)
> Handwritten Page Number on Record Book: 366
Court met pursuant to adjournment. Present as before.
**Pilot Knob Iron Company vs Miles Greenwood Moies**
Confession of Judgment.
The defendant files a statement in writing duly verified by affidavit whereby he confesses himself indebted to the plaintiff in the sum of Seven hundred and eighty dollars and authorizes the Court to render judgment against him for that amount. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid inform aforesaid as confessed and also its costs herein expended and have execution therefore.
**Thomas Caldwell et al vs 162 John McDowell**
The plaintiffs by their attorney, file an affidavit for appeal herein, and on their motion an appeal is allowed them to the Supreme Court from the judgment herein rendered, whereupon they file an appeal bond with themselves, as principals, and Irvin Z Smith and William D Sedgwick, as securities, which bond is approved by the Court.
**Julius H Smithvs 143 James D Houseman**
The Court having duly heard and considered the plaintiff to Exceptions to the Commissioners Report herein and being thereof fully advised doth order that said Exceptions be sustained, and that said Commissioners Report be set a said and for naught held: and the Court reappoints William H Osborn, as Commissioner, and associates with him John R Shepley to examine and audit the accounts, books and papers of the co partnership of Houseman and Smith and Houseman Smith and Company, and the said Commissioners are hereby required after heaving the proof that may be offered by the parties to take and state the respective accounts of the plaintiff and the defendant with said above mentioned firms and to make report of their proceedings under this order with all convention speed.
**Virginia W Mulhoeffer vs 350 Peter Mulhoeffer**
Order of Publication.
The plaintiff having filed a petition and affidavit from which it appears that the defendant is a nonresident of the State of Missouri, therefore, on motion of the said plaintiff, by her attorney it is ordered by the Court that the said defendant be notified that a civil action has been commenced against him to obtain a decree of divorce, and unless he be and appear at the October Term of this Court to be begun and held at the City of St Louis, within and for the County of St Louis on the first Monday of October, eighteen hundred and fifty nine, and on a before the sixth day thereof answer the plaintiffs petition the same will be taken against him as confessed. It is further ordered that a copy hereof be published according to law in the Missouri Democrat a newspaper printed and published in the City of St Louis.
**Chittick Morttand vs 675 William C Smith**
Bill of Exceptions filed.
**Daniel Devlin et al vs 368 Morris D Myers**
Proof of Partnership filed.
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**Viewer Page 371** (rcdbook1858_28_0370.jpg)
> Handwritten Page Number on Record Book: 367
**Benn C Platt vs 11 William Bevard**
Demurrer to Second amended petition filed.
**John Hager et al vs Charles W Woodworth**
Ordered that an alias Summons issue herein.
**Krum & Harding assignees vs Elezzer J Beard et al**
Transcript from Justice filed.
Court met pursuant to adjournment. Present as before.
**Globe mutual Insurance company vs 464 James O Carson et al**
Now at this day come the defendants and file an affidavit for an appeal herein, whereupon an appeal is allowed them to the Supreme Court from the judgment herein rendered, and thereupon the said defendant files an appeal bond conditioned according to law with good and sufficient security which bond is approved by the Court.
**Henry Farmer. vs Henry W Williams**
Confession of Judgment.
Now at this day comes the plaintiff and files a petition herein against said defendant, and thereupon Aylett Buckner, one of the attorneys of this Court, appeared in open Court in behalf of said defendant, and by virtue of a warrant of attorney, for that purpose executed by the said defendant, and now produced in Court and duly proved, waived the issuing and service of process, and acknowledges that the said defendant is indebted in manner and form as the said plaintiff has in his petition mentioned, and confesses that the said plaintiff has sustained damages by reason thereof in the sum of two hundred and sixty six dollars and thirty cents. 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 herein expended and have execution therefore. Judgment to bear ten per cent per annum interest.
**Isaac H Mason vs John Warner**
Bill of Exceptions filed.
**John M Krum et al assignees vs Eleazer J Beard et al**
Bill of Exceptions filed
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**Viewer Page 372** (rcdbook1858_28_0371.jpg)
> Handwritten Page Number on Record Book: 368
**Jacob H Eimer et al vs 22 William Beste et al**
The Inter pleader files an affidavit for an appeal herein and on his motion an appeal is allowed him to the Supreme Court from the Judgment herein and he thereupon files an appeal bond with Maklot Thompson as principal and Pierre A Berthold and Julius H Smith as securities which bond in approved by the Court.
**Jacob H Eimer and Frederick W Trendenthal vs 839 Alexander J P Garesche and Macklok Thompson garnishees of William Beste and Felix Grima Jr**
Garnishment on attachment.
Now at this day come the said plaintiff and the said garnishees by their respective attorneys, and waiving a Jury submit this proceeding to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth find the issues herein joined in favor of the said garnishee, A J P Garesche, and the Court doth further find that the said garnishee, Maklot Thompson, at the time he was summoned herein as such had in his possession belonging to the defendants the sum of twenty five hundred and eighty six dollars and six cents; and it appearing to the Court that the amount of the original judgment rendered herein is fourteen hundred and sixty four dollars and thirty cents, therefore it is considered by the Court that the said plaintiffs recover of the said garnishee the sum of fourteen hundred and sixty four dollars and thirty cents and also his costs herein expended and have execution therefore; and it is further considered by the Court that the said garnishee, A J P Garesche, be discharged hence at the costs of said plaintiffs and that execution issue therefore. Thereupon comes the said Maklot Thompson and in accordance with the order of Court days into Court the sum of Seventeen hundred and fifty dollars, and it is ordered that the Clerk of this Court deposit said sum in some Banking Institution of this City at six percent interest, subject to the further order of this Court.
**Henry Gerhart vs Evermont Randalls**
Confession of Judgment.
Now at this day comes the plaintiff and files a petition herein and thereupon comes the defendant and files an answer herein, whereby he confesses himself indebted to the plaintiff in the sum of Eight hundred and forty three dollars and seventy eight cents, and consents that judgment may be rendered against him for that amount. 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 herein expended and have execution therefor. Judgment to bear interest at the rate of ten percent her annum. By consent of parties the issue of execution herein is stayed for the period of six months.
**John S Thompson et al vs 686 James H McCullough et al**
The Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth order that the same be overruled: thereupon the defendant file an affidavit for an appeal herein, wherefore it is ordered that an appeal be allowed the said defendants to the supreme Court from the judgment herein rendered. Thereupon the said defendants file an appeal bond in the sum of three thousand dollars conditioned according to law, which bond is approved by the Court. Bill of Exceptions filed.
**Francis H Luttercord vs 221 C Dumanet**
Depositions for defendant opened and filed.
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**Viewer Page 373** (rcdbook1858_28_0372.jpg)
> Handwritten Page Number on Record Book: 369
**Peter Kessler vs 45 John Valentine and S Hirschfeld**
On note.
Now at this day comes the plaintiff by his attorney, and dismisses this suit as to the defendant, John Valentine but the defendant Hirschfeld, although duly summoned and called comes not but makes default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of One hundred and eighty five dollars and sixteen cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefore.
**John Finney vs 913 Stephen Hoyt Comptroller of the City of St Louis**
Petition for mandamus.
Now at this day come the said John Finney and the said Stephen Hoyt, Comptroller of the City of St Louis, by their respective attorneys, and submit this cause to the Court on the pleadings and proofs herein, which being seem and heard and by the Court here fully understood; it is ordered and adjudged that a peremptory mandamus issue to said Stephen Hoyt, commanding and requiring him, as such Comptroller, forth with to countersign the warrant issued by Theodore Papin, auditor of said fifty, on the eleventh day of January, eighteen hundred and fifty nine, in favor of J and W Finney, for the sum of eleven hundred and ninety dollars and seven cents, in pursuance of an Ordinance of said City, entitled, "an Ordinance for the relief of John and William Finney:" and it is further ordered by the Court that the said respondent pay the costs herein and that execution issue therefore.
**Wilhelmine Richard vs 408 The Manhattan Life Insurance Company of New York**
Now comes the defendant, by its attorney, and files an affidavit for an appeal, wherefore it is ordered that an appeal be allowed it to the Supreme Court from the judgment herein rendered; thereupon the said defendant files an appeal bond conditioned according to law which is approved by the Court. The parties file an agreement herein and in accordance therewith leave is given the defendant to file a Bill of Exceptions in vacation.
**Frank Devlin vs 462 Joseph W Clark et al**
Now at this day come the defendants, by their attorneys, and filing an affidavit pray an appeal to the Supreme Court from the judgment of this Court herein, and the Court having considered the same doth grant the said appeal, and thereupon the defendants file an appeal bond in the sum of one thousand dollars, conditioned according to law, which bond is approved by the Court.
**William L Ewing et al vs 165 Robert A Reilly et al**
The defendants file a Bill of Exceptions herein and an affidavit for an appeal, and on their motion an appeal is allowed them to the Supreme Court from the judgment of this Court herein, and they thereupon file an appeal bond, with Richard J Lockwood, as principal, and Duncan S Carter and Addison L Hardcastle, as sureties, which bond is approved by the Court.
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**Viewer Page 374** (rcdbook1858_28_0373.jpg)
> Handwritten Page Number on Record Book: 370
**George Pomeroy et al vs 163 Theodore Betts et al**
The defendants file an affidavit for an appeal herein, wherefore it is ordered by the Court that an appeal be allowed them to the Supreme Court from the judgment herein rendered, and they thereupon file an appeal bond conditioned according to law, which is approved by the Court
**James C Converse et al vs 131. John McDowell**
The Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth order that the same be overruled: thereupon the plaintiffs file an affidavit for an appeal herein, where fore it is ordered that an appeal be allowed the said plaintiffs to the Supreme Court from the judgment herein rendered: thereupon the said plaintiffs file an appeal bond in the sum of five hundred dollars conditioned according to law which bond is approved by the Court.
**Charles Richardson vs 743. Miles G Moies et al**
Bill of Exceptions filed.
**Dandridge S Crockett vs 784 John S McCune, Samuel Gaty, Henry Whittemore, Kenneth McKenzie, William H Hazzard, Christopher Rhodes, William H Gore, George Knapp and Asa Farr.**
Petition on Corporate Debt.
Now at this day come the parties 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 the said plaintiff says he will not further prosecute his suit herein but voluntarily takes a now suit. It is therefore considered by the Court that the said plaintiff be non suited and that the said defendants go hence without day and recover of the said plaintiff their costs herein expended and have execution therefore.
**John C Unseld vs 776 James N Stephenson**
Now at this day come the defendants and file an affidavit according to law and pray an appeal to the Supreme Court from the judgment of this Court herein, whereupon the Court doth grant the appeal as prayed for, and thereupon the said defendants file an appeal bond in the sum of twenty five hundred dollars conditioned according to law, which bond is approved by the Court.
**Joseph Brown vs 468 Joshua V Throop et al**
Now at this day come the defendants and file an affidavit for an appeal herein and move the Court to grant them an appeal to the Supreme Court from the judgment of this Court herein, and thereupon the Court doth grant the appeal as prayed for, and the defendants file an appeal bond conditioned according to law in the sum of five thousand one hundred and fifty dollars and forty cents, which is approved by the Court. Bill of Exceptions filed.
**Eugene Jaccard et al vs 21 William C Anderson Jr**
The defendant files a bill of exceptions and an affidavit for an appeal and on his motion an appeal is allowed him to the Supreme Court from the judgment of this Court herein and he thereupon files an appeal bond with William C Anderson as principal and Thomas V Strode and Charles Scudder, as securities, which is approved by the Court.
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**Viewer Page 375** (rcdbook1858_28_0374.jpg)
> Handwritten Page Number on Record Book: 371
**Chittick Mortland vs 675 William C Smith**
The defendant files an affidavit for an appeal herein, whereupon an appeal is allowed him to the Supreme Court from the judgment of this Court herein; thereupon the said defendant files an appeal bond conditioned according to law, which is approved by the Court.
**Joseph W Gooding vs 363 John Bean**
Affidavit of John T Witham filed. The plaintiffs motion to reinstate motion to set aside non suit being heard and fully considered by the Court it is ordered that the same be overruled.
**Herman Gelpke et al vs 430 Henry Pike**
The defendant files a bill of exceptions and an affidavit for an appeal and on his motion an appeal is allowed him to the Supreme Court from the judgment of this Court herein, thereupon the said defendant files an appeal bond conditioned according to law which is approved by the Court.
**Felix Coste, August Templer, and John Saugnisch vs 265 The City of St Louis, Oliver D Filley, and Francis Hassendeuble**
The motion for a new trial filed by the City being heard and fully considered by the Court it is ordered that the same be overruled: and the plaintiffs motion to dismiss this suit as to Filley and Hassendeuble being heard and fully considered by the Court it is ordered that the same be overruled; and the separate motions filed by Hassendeuble and Filley for judgment on the verdict of the Jury being also heard and fully considered by the Court it is ordered that the same be sustained. It is therefore considered by the Court that the said plaintiffs take nothing by their suit in this behalf against the said defendants, Oliver D Filley and Francis Hassendeuble, but that the said defendants go hence without day and recover of the said plaintiffs their costs and charges herein expended and have execution therefore. Thereupon the defendant the City of St Louis files an affidavit for an appeal, and on its motion an appeal is allowed it to the supreme Court from the judgment of this Court herein, and the said defendant thereupon files an appeal bond, conditioned according to law which bond is approved by the Court. The parties file an agreement herein, and in accordance therewith leave is given the defendant to file a bill of exceptions in vacation. Bill of Exceptions filed by plaintiffs.
**Samuel Guillaume et al vs 370 Morris Rosenheim et al**
The defendants motion for a new trial herein being heard and by the Court fully considered it is ordered that the same be overruled.
**Francis Cottinet et al vs 418 Morris Rosenheim et al**
The defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
**Louis A Benoist vs Charles Tillman garnishee of L F Curtis**
Dismissal.
On motion of the plaintiff, by his attorney it is ordered by the Court that the said garnishee be discharged hence at the costs of said plaintiff and that execution issue therefore.
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**Viewer Page 376** (rcdbook1858_28_0375.jpg)
> Handwritten Page Number on Record Book: 372
**In the matter of the application of Peter Richard Keneick, Edward Walsh and John Withnell**
Substitution of Trustee.
It appearing to the Court from the application of said petitioners that Patrick Keating, trustee in a certain Deed of Trust executed by William Fulton has departed this life without having conflated the performance of the duties imposed on him in said Deed of Trust, it is therefore ordered that Michael S Cure Sheriff of St Louis County be substituted and appointed trustee in place of said Patrick Keating, Deceased.
**Mark My Stanfield, Philip H Wentworth, Lyman B Jewell and James D Leavett vs 157 John McDowell**
Now at this day come the parties by their respective attorneys, and file a written agreement herein, and thereupon by consent of parties the Court doth find the issue herein joined in favor of the defendant. It is therefore considered by the Court that the said defendant had not at the time of the issuing of the attachment herein fraudulently conveyed or assigned his property or effects so as to hinder or delay his creditors; wherefore it is ordered by the Court that the attachment herein be dissolved and this suit dismissed at the costs of said plaintiffs and that execution issue therefore.
**John H Swift, Henry A J Hurlbut Shuman H Sterling, George Dickenson, Samuel Shethan and Edward A Nichols vs John McDowell**
Now at this day come the parties by their respective, attorneys, and file an agreement herein, and thereupon in accordance with said agreement the Court doth find the issue herein joined in favor of the said defendant. It is therefore considered by the Court that the said defendant back not at the time of the issuing of the attachment herein fraudulently conveyed or assigned his property or effects so as to hinder or delay his creditors; wherefore it is ordered by the Court that the attachment herein be dissolved and this suit be dismissed at the costs of said plaintiffs and that execution issue therefore.
**Edward Gay, William J Gay, and William Edwards vs 175 John McDowell**
Now at this day come the parties by their respective, attorneys, and file an agreement herein, and in accordance with said agreement the Court doth find the issue herein joined in favor of the said defendant. It is therefore considered by the Court that the said defendant had not at the time of the issuing of the attachment herein fraudulently conveyed or assigned his property or effects so as to hinder or delay his creditors; wherefore it is ordered by the Court that the attachment herein be dissolved and this suit be dismissed at the costs of said plaintiffs and that execution issue therefore.
**Abraham Goldsmith et al vs 197. Adams Express Company**
Satisfaction.
Plaintiff, by their attorney, acknowledge to have received full and entire satisfaction of the judgment rendered herein on the 19th day of October, 1858.
**State of Missouri use of held vs 573. Samuel Jacoby et al**
Ordered that dedimus issue to New York for plaintiff.
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**Viewer Page 377** (rcdbook1858_28_0376.jpg)
> Handwritten Page Number on Record Book: 373
**George Lefevre and George G Greene vs 849 Daniel J Wright and Turner Maddox garnishees of Thomas Hinton**
Order of Citation.
Now at this day come the said garnishees, by their attorneys, and file an additional answer herein, wherein they declare their belief that the notes mentioned in their answers hereto fore filed herein have been sold and assigned to Durkee L Bullock and the plaintiff disputes the existence force or validity of such sale and assignment. It is therefore ordered by the Court, in pursuance of the statute in such ease made and provided, that the said Durkee and Bullock appear before this Court on the first day of the next term thereof to be begun and holden at the City of St Louis within and for the County of St Louis on the fourth Monday of February next, and sustain their claim, if any they have, to said noted.
Robert L Jones, who is personally known to the Court, comes and acknowledges the execution of a deed of emancipation to a certain negro slave named Martha Ware.
**Jacob Bersche et al vs 751 The Franklin Insurance Company of St Louis Mo**
The plaintiffs, by their attorney, remit the sum of ten hundred and eleven dollars and sixty six cents of the judgment herein rendered. The defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled, thereupon the defendant files an affidavit for appeal herein wherefore it is ordered that an appeal be allowed it to the Supreme Court from the judgment herein rendered; and the said defendant file an appeal bond, conditioned according to leave, which is approved by the Court. The parties file a stipulation herein.
**Jacob Bersche et al vs 756 The Pacific Insurance company**
The defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled. Thereupon the said defendant files an affidavit for appeal herein, wherefore it is ordered that an appeal be allowed it to the Supreme Court from the judgment herein rendered, and the said defendant thereupon files an appeal bond herein conditioned according to law which to approved by the Court, The parties file a stipulation herein.
**Jacob Bersche et al vs 758 Home Mutual Fire and Marine Insurance Company**
The plaintiffs motion to set aside the non suit herein and for a new trial being heard and fully considered by the Court it is ordered that the same be overruled, and it thereupon files a Bill of Exceptions.
**Jacob Bersche et al vs 761 The Globe Mutual Insurance Company**
The Court having duly heard and considered the motion for a new trial herein and being thereof fully advised doth overrule the same; thereupon the defendant files an affidavit for an appeal herein, wherefore it is ordered that an appeal be allowed to the Supreme Court from the judgment herein rendered, thereupon the said defendant files an appeal bond conditioned according to law which is approved by the Court. Bill of Exceptions filed.
**Charles Richardson vs 743 Miles G Moies et al**
Bill of Exceptions filed.
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**Viewer Page 378** (rcdbook1858_28_0377.jpg)
> Handwritten Page Number on Record Book: 374
**Jacob Bersche et al vs 754 The St Louis Mutual Fire and Mutual Insurance Company**
The defendant, by its attorney, files an affidavit for an appeal wherefore it is ordered that a appeal be allowed it to the Supreme Court from the judgment herein rendered; thereupon the said defendant files an appeal bond herein conditioned according to law, which is approved by the Court.
**John C Patter Jr et al vs 52 John McDowell**
The plaintiffs, by their attorneys file an affidavit for an appeal, and on their motion an appeal is allowed them to the Supreme Court from the judgment herein rendered, and they thereupon file an appeal bond conditioned according to law, which is approved by the Court.
**The State of Missouri to use of John Decker vs 222 William D Oench et al**
The defendants file an affidavit for an appeal herein, and on their motion an appeal is allowed them to the Supreme Court form the judgment herein rendered an they thereupon file an appeal bond conditioned according to law, which is approved by the Court. The parties file an agreement and in accordance therewith leave is given the defendants to file a bill of exceptions herein in vacation.
**James K Fisher vs 595 R J Tunstall et al**
Ordered that a dedimus issue to Illinois for the plaintiff.
**Percival Platt vs 10 William Bevard**
Ordered that a dedimus issue to Iowa for the plaintiff.
The Court audits and allows an account of Michael S Cure, Sheriff of St Louis County amounting to the sum of two hundred and eight dollars and eighty cents, for his attendance on the Court and for stationary finished for the use of the Court during the present term thereof and orders that the said account be certified to the St Louis county Court for payment.
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**Viewer Page 379** (rcdbook1858_28_0378.jpg)
> Handwritten Page Number on Record Book: 375
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**Viewer Page 380** (rcdbook1858_28_0379.jpg)
> Handwritten Page Number on Record Book: 376
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**Viewer Page 381** (rcdbook1858_28_0380.jpg)
> Handwritten Page Number on Record Book: 377
**State of Missouri Count of St Louis**
ss Be it Remembered. That at a Term of The St Louis Circuit Court begun and held at the City of St Louis, within and for the County of St Louis, and State of Missouri, on the Fourth Monday of February, being the Twenty eighty day if said month, in the Year of Our Lord, one thousand eight hundred and fifty nine, were present the Honorable James R Lackland Judge. Michael S Curre Esquire, Sheriff, and Stephen Rice Clark.
**Fallina Horman vs 388 William Harriman**
Answer filed.
**John Reeves vs 459 William Fulton**
Answer filed.
**Henry M Buckner etal vs 8 Frederick A Schmucker**
Plea in abatement filed.
**Bowman C Baker etal vs 9 Frederick A Schmucker etal**
Plea in abatement filed.
**Stephen D Grofflin etal vs 10 Frederick A Schmucker etal**
Plea in abatement filed.
**Patrick Poland et al vs 11 Frederick A Schmucker etal**
Plea in abatement filed.
**George H Hill etal vs 12 Frederick A Schmucker etal**
Plea in abatement filed.
**Edward W Tiers etal vs 14 Frederick A Schmucker etal**
Plea in abatement filed.
**Edward Hendricks vs 16 Frederick A Schmucker etal**
Plea in abatement filed.
**Pilot Knob Iron Company vs St Louis and Iron Mountain Rail Road garnishee Miles H Moies**
Interrogatories filed.
---
**Viewer Page 382** (rcdbook1858_28_0381.jpg)
> Handwritten Page Number on Record Book: 378
**James S Mason et al vs William J Gaskell, John H Morrison, Robert B Clark, and M B Chappell garn of Andrew J Morrison**
Interrogatories filed.
**Alfred W Lamb vs 137 Joseph H Brotherton etal**
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 therefore.
**John McNeil and John B Gray vs 82 Bernhard Midas**
Now at this day come the parties, by this respective attorneys, and file herein an agreement, in accordance with which and by consent of parties the Court doth find the issues herein joined upon the plea in a abatement to be in favor of the plaintiffs, and further doth order and adjudge that the inter plea of William C Jones herein be sustained; and doth find that the property levied upon under and by virtue of the writ of attachment herein was at the time the said levy was made the property of said interpleader; and on motion of said inter pleader the Court doth further order and adjudge that James Castells, Esq, former Sheriff of St Louis County, do without further delay pay into the hands of said interpleader William C Jones of the money arising from the sale of the property attached under the writ herein the sum of Eight hundred dollars, the amount claimed by said Interpleader, and that the said defendant and the said Ininterpleader recover of the plaintiffs all their costs herein expended and thereof have execution.
**William Patrick, James Patrick, and Griswold C Warner vs William B Lambe and Charles Lambe**
Confession of Judgment.
Now come the defendants and file a statement in writing duly verified by affidavit whereby they confess themselves indebted to the plaintiffs in the sum of Six hundred and eleven dollars and eighty three cents and consent that judgment may be rendered against them for that amount. 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 also their costs herein expended and have thereof execution.
**Elizabeth Steele vs 251 Henry J Steele**
Amended answer and Cross Bill filed.
**William B Lent et al vs 588 William Baugh**
Dedimus to Indiana for plaintiffs.
**George Reeder vs 457 Henry Redemeyer**
Plea in Abatement filed.
**Sarah Witherell et al vs 333. Herace R Patterson et al**
Answer filed.
**Henrietta Knollhaff vs 441 John Frederick Knollhoff**
Dismissal.
The plaintiff having failed to file an amended petition herein it is, on motion of the defendant, by his attorney, ordered that this cause be dismiss at costs of said plaintiff and that execution issue therefore.
---
**Viewer Page 383** (rcdbook1858_28_0382.jpg)
> Handwritten Page Number on Record Book: 379
**Bethiel B Vincent, William Himrod and David Himrod vs 226 William H Deriar**
Petition on Judgment.
Now come the parties, by their attorneys, and the defendant files an answer herein, whereby be confesses himself indebted to the plaintiffs in the sum of three hundred and fifty six dollars and fifteen cents, and consents that judgment maybe rendered herein in favor of the plaintiff for that amount. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as confessed and also their costs herein expended and have execution therefore.
**Bethiel B Vincent, William Himrod and David Himrod vs 845 The Saint Louis and From Mountain and Pilot Knob Rail Road Company garnishee of William H Deriar**
Garnishment.
Now come the plaintiffs and the garnishee, by their attorneys, and it appearing to the Court from the answer of said garnishee that at the time it was summoned herein as such it was indebted to the defendant in the sum of fifteen hundred dollars, and it also appearing that judgment has been rendered in favor of the plaintiffs and against the defendant, Deriar, for the sum of three hundred and fifty six dollars and fifteen cents, therefore it is considered by the Court that the said plaintiffs recover of the said garnishee the sum of three hundred and fifty six dollars and fifteen cents, and also their costs in the original suit and in this proceeding expended and have execution therefore. The sum of ten dollars is allowed the garnishee for answering herein.
**John McClure Jr for the use of himself and Squire Hall. vs 227 William H Deriar**
Petition on Judgment.
Now come the parties, by their attorneys, and the said defendant files an answer herein, whereby he confesses himself indebted to the plaintiffs in the sum of nine hundred and seventy five dollars, and consents that judgment maybe rendered herein in favor of the plaintiff for that amount. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as confessed and also their costs herein expended and have execution therefore.
**John McClure Jr for the use of himself and Squire J Hall vs 840 The Saint Louis Iron Mountain and Pilot Knob Rail Road Company garnishee of William H Deriar**
Garnishment.
Now come the plaintiffs and the garnishee, by their attorneys, and it appearing to the Court from the answer of said garnishee that at the time it was summoned herein as such it was indebted to the defendant Deriar in the sum of eleven hundred dollars, and it further appearing to the Court that judgment has been rendered in favor of the plaintiff and against the said defendant, Deriar, for the sum of nine hundred and seventy five dollars, therefore it is considered by the Court that the said plaintiff recover of the said garnishee the sum of nine hundred and seventy five dollars and also their costs in the original suit and in this proceeding expended and have execution therefore. The sum of ten dollars is allowed said garnishee for answering herein.
**Squire Hall Jr vs 1025. The St Louis and From Mountain Railroad Company garnishee of W H Deriar**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that the said garnishee be discharged hence at the costs of the said plaintiff and that execution issue therefore.
---
**Viewer Page 384** (rcdbook1858_28_0383.jpg)
> Handwritten Page Number on Record Book: 380
**John Squire et al vs 312 Frederick Meyer et al**
Answer filed.
**Russell Scarrett et al vs 317 Frederick Meyer et al**
Answer field.
**Charles I Gibertetal vs 320 Frederick Meyer et al**
Answer field.
**Thomas J Kinsey vs 523 Frederick Meyer et al**
Answer field.
**Henry Lucking vs 400 Frederick Meyer et al**
Answer field.
**Joshua W Owens vs 440 Frederick Meyer et al**
Answer field.
**George Gist vs 94 John H Fisher et al**
Note filed.
**Julia Ann Coover vs 86 M O Walker et al**
Answer field.
**Albert D Glover vs 267 Thomas Thomas et al**
Answer of the Thos Thomas filed.
**George Pomeroy et al vs 151. Daniel E Bryan et al**
Motion to dismiss filed.
**William Mortland vs 256 Michael S Mepham et al**
Answer and Counter claim filed.
**The St Louis Building and Saving Association vs 334 Joseph H White et al**
Separate answer of White filed.
**Frederick P Whitcher et al vs 544 William H Kidd et al**
The defendants file a motion for security for costs.
**Wilson king vs William M McPherson garnishee of Ohio & Mississippi Rail Road Co**
Interrogatories filed by plaintiff.
**Wilson king vs Thomas Braun garnishee of Ohio and Mississippi Rail Road Company**
Interrogatories filed by plaintiff.
**Felix Coste et al vs 265 City of St Louis et al**
The parties file a stipulation herein.
**Wilhelmine Richard vs The Manhattan Life Insurance Company**
By consent of parties the defendant files a Bill of Exception herein.
---
**Viewer Page 385** (rcdbook1858_28_0384.jpg)
> Handwritten Page Number on Record Book: 381
**Thomas Boylan et al vs John C Brooks garnishee of George N Goodell**
Interrogatories filed.
**Percival J Drown et al vs S K Hitchison garn of Francis Lancaster**
Interrogatories filed.
**Stephen HasKell et al vs Samuel M Breckinridge and John Y Page garnishees of P A Papin**
Interrogatories filed.
**St Louis Wm M Morrison vs 290 Elisha W Brown et al**
Depositions for plaintiff filed.
Court met pursuant to adjournment. Present as before.
P B Johnson is, on motion, admitted and enrolled a member of this Bar.
**Jacob L Lavinski vs 581 Erastus Wells**
Answer filed.
**Linus Jackson vs Lyman Sherwood**
Answer filed.
**Henry Kraus et al vs 537 Charles S Cox et al**
Demurrer filed.
**Charles H Franks et al vs 465 Frantz Vogtle et al**
answer filed.
**David McKee vs 488 Charles Boswell**
answer filed.
**James Lusk admr vs 33 James B Colt**
Answer filed.
**Lucian H Fuller vs 118 George Snizer**
Answer filed.
**Warren Semple vs 524 Perry Fenlason**
Answer filed.
**Louis C Garnier vs John Simonds et al**
Answer filed.
**John A Wodell et al vs 584 Rufus B Benedict**
Answer filed.
**P A Deceva et al vs 154 Andrew J Morrison**
agreement filed.
**Stephen D Grofflin et al vs 10 Frederick A Schmucker et al**
Exhibits filed.
---
**Viewer Page 386** (rcdbook1858_28_0385.jpg)
> Handwritten Page Number on Record Book: 382
**Luther Laflin et al vs 78 Andrew J Morrison**
Plea in abatement filed.
**Thomas Reynolds et al vs 377 Charles Curtis**
answer filed.
**John Locke vs 79 Andrew Morrison**
Plea in abatement filed.
**Patrick Gallagher vs 37 Patrick Hunt**
answer filed.
**Nicholas Schaeffer et al vs 80 Andrew Morrison**
Plea in abatement filed.
**August Langhoff vs 557 Berthold Vennevitz**
Answer filed.
**Eben Goodwin et al vs 82 Andrew J Morrison**
Plea in abatement filed.
**Henry Bussmeyer vs 284 Joseph Kanfer**
Answer filed.
**Ohio and Mississippi Rail Road Company vs 83. Andrew J Morrison**
Plea in abatement filed.
**Samuel P Catherwood et al vs 84 Andrew J Morrison**
Plea in abatement filed.
**Edwin J Brown et al vs 221 Henry Lyon**
Answer filed.
**Salomon Hoffheimer et al vs 86 Andrew J Morrison**
Plea in abatement filed.
**Henry Weisenfels vs 574 Charles Marlow**
Answer filed.
**Salomon Hoffheimer et al vs 87 Andrew J Morrison**
Plea in abatement filed.
**E Cox vs 492 Charles Marlow**
Answer filed
**Michael Dohan et al vs Andrew J Morrison**
Motion to dissolve attachment filed.
**James S Mason et al vs 89 Andrew J Morrison**
Plea in abatement filed.
**William Brown vs 315 Charles Marlow**
Answer filed
**Stephen W Montgomery et al vs 91 Andrew J Morrison**
Plea in abatement filed.
**John Jackson vs 219 Charles Marlow**
Answer filed.
**Evelyn Burt vs 113 Francis Hudson et al**
Demurrer filed.
**Evelyn Burt vs 113 Francis Hudson etal**
Demurrer filed.
**The Marine Bank Chicago vs 485 A J Tunstall et al**
Answer filed.
**George N Lunch vs 498 Freeman Little**
Answer filed.
---
**Viewer Page 387** (rcdbook1858_28_0386.jpg)
> Handwritten Page Number on Record Book: 383
**L M Bond et al vs 316 P Lang**
Motion to dismiss filed.
**J McNamara vs 303. P Lang**
Demurrer filed.
**R Guillon et al vs 470 J L Chandler**
Motion to dismiss filed. Plea filed.
**J Rhodes vs 383. W G Webb**
Motion for security for costs filed.
**James L Jones vs 346 Henry C Lunch et al**
Answer filed.
**Louis Baumgarden vs 115 Frederick C Baumgarden**
Demurrer filed.
**Henry Korhanmer et al vs 291 George W Fisher**
Demurrer filed.
**Frederick P Sanguinel vs 289 James M Reilly et al**
Answer filed.
**Joshua Levis et al vs 567 Heyman Levin**
Answer filed.
**John M Chenoweth vs 122 Andrew J Morrison**
Plea in abatement filed.
**Johann J Beckwith vs 301 Louis A Welton et al**
Answer filed.
**William P Wilstock et al vs 132 Robert Hilton et al**
Plea in abatement filed.
**Louis H Abrams vs 39 Marshall Ford**
Answer filed.
**P A Deceva et al vs 154 Andrew J Morrison**
Plea in abatement filed.
**Henry Kruse vs 175 Thomas B Hudson et al**
Answer filed.
**James S Rockwell et al vs 190 Robert Hilton et al**
Plea in abatement filed.
**George P Doan et al vs 269 A Becker et al**
Demurrer filed.
**Hermann N Brockelmann vs 577 Gerhard Bensberg et al**
Separate answers filed.
**Benedict Milburn vs 347 George W Cable**
Demurrer filed.
**Henry K Sheldon vs 521 Frederick Rower et al**
Answer filed.
**Herman Gelpke et al vs 479 Frederick Rower et al**
Answer filed.
**The State of Missouri to the use of Michael Werk et al vs 533 David Anderson et al**
Answer filed.
**The State of Missouri to use of James Castello vs 546 William J Kennedy et al**
Answer filed.
---
**Viewer Page 388** (rcdbook1858_28_0387.jpg)
> Handwritten Page Number on Record Book: 384
**Peter D Mueller vs David C Tandy garnishee of R McCldowney**
Interrogatories filed.
**James J Kelly vs Alexander Peterson garnishee of William Salisbury**
Interrogatories filed.
**James J Kelly vs Thomas L Salisbury garnishee of William Salisbury**
Interrogatories filed.
**James J Kelly vs Robert M Renick garnishee of William Salisbury**
Interrogatories filed.
**Alex B Davidson vs Wm Hubbard and Elbridge P Payne garnishees of Joseph Kohn**
Interrogatories filed.
**Roger C McAllister vs Wood McLamant garn of Ephrarin Abbott et al**
Interrogatories filed.
**George P Fein vs Deutelmoier garnishee of S Hirschfeld**
Interrogatories filed.
**Peter Kessler vs Deutelmoier garnishee of S Hirschfeld**
Interrogatories filed.
**Henry J Helm et al vs 341 Daniel Wolf**
Motion for security for costs filed. answer filed.
**Frank Weise vs 419 Henry Bartold et al**
Separate answers filed by defendants.
**Albert C Daniel et al vs 221 Henry Lyon**
Answer filed.
**John O Neill vs 310 The Red Bud Union Mill Co**
Demurrer filed.
**Joshua W Owings vs 81 James McBride et al**
Separate answers filed.
**Edmund C Charles vs 140 Andrew Morrison**
Plea in abatement filed.
**Louis Rower et al vs 166 August Johns**
Plea in abatement filed.
**Alexander Beal et al vs 330 Francis Hofelmann**
Motion to dismiss for want of security for costs filed.
**John Ferguson vs 331 Joseph Garnear**
Depositions for plaintiff opened and filed.
**Charles W Anderson vs 453. Freeman Little**
Answer filed.
**Alexander L Tyler vs 40 Christian Schaffler**
Plea in abatement filed.
**Henry Buesmeyer vs 283 Henry Stuckenberg**
Answer filed.
**John Wittigh vs 92 Peter Bressan et al**
Answer of Peter Bressan filed.
---
**Viewer Page 389** (rcdbook1858_28_0388.jpg)
> Handwritten Page Number on Record Book: 385
**David P Clay vs 156 Union Line Transportation Co**
Answer filed.
**Henry A Homeyer et al vs 557 Adolphus Dentelmoser**
Answer filed.
**Henry Clamorgan et al vs 454 Isaac J Greens**
Demurrer filed.
**John S Thompson et al vs 543 Wm A Bennett et al**
Answer filed.
**Bernhard Meyer et al vs 545 The Terre Haute Alton St Louis R R Co.**
Demurrer filed.
**Adam Jacobs et al vs 503. Edward Wyman et al**
Answer of Edward Wyman Filed.
**John Cairns vs 547 Leon Block et al**
Separate answer filed.
**John W Skinner vs 570 Septimus Levering et al**
Answer filed.
**George B Sanderson vs 437 A William Street et al**
Answer of Andrew Reinstaedtler filed.
**Thomas Keener et al vs 439 A William Street et al**
Answer of Andrew Reinstaedtler filed.
**George R Sanderson vs 430 A William Street et al**
answer of Andrew Reinstaedtler filed.
**John Garrison et al vs 578 W A Bassett et al**
Answer of D P Clay filed.
**James K Fisher vs 595 R J Tunstall et al**
Motion to strike out amended petition filed.
**Charles Richardson vs 456 Miles G Moies et al**
Answer of H M Woodward filed.
**Geo W Dowman vs 404 Louis A Welton et al**
Demurrer to petition filed by R J Sass.
**Thomas M Rector vs 59 Cornelius D Sullivan**
Motion for security for costs filed.
---
**Viewer Page 390** (rcdbook1858_28_0389.jpg)
> Handwritten Page Number on Record Book: 386
**Michael Murphy vs George W Bochtner garnishee of Archie Campbell et al**
Interrogatories filed.
**Michael Murphy vs Calvin C Burt garnishee of Archie Campbell**
Interrogatories filed.
**John O Neil vs 310 W W Singleton garnishee of Red Bud Union Mill Co**
Interrogatories filed.
**David Anderson et al vs Griffin J Theobald garn of Jacob Ringgold et al**
Interrogatories filed.
**Henry Sonneborn vs Meyer Dittenhoeffer garnishee of Sal S Sonneborn**
Interrogatories filed.
**Henry Sonneborn vs Meyer Dittenhoeffer garn of Sal S Sonneborn**
Interrogatories filed.
**Edward P Tesson vs Frederick M Colburn, James A Raynor Robert Hull, John S Thompson, Charles C Maurice, Joshua H Alexander, J A Russ Erastus H Gaylord, George J Camp, Wm, Haight, James Beebe, Nicholas Wall, and Henry Butte garnishees of the Terre Haute Alton and St Louis Rail Road Company**
The plaintiff, by his attorney, files separate Interrogatories against the said garnishees.
**George W Brackett vs Frederick M Colburn, James A Raynor Robert Hull, John S Thompson, Charles C Maurice, Joshua H Alexander, J A Russ Crastus H Gaylord, George J Camp, Wm, Haight, James Beebe, Nicholas Wall, and Henry Butte garnishees of the Terre Haute Alton and St Louis Rail Road Company**
The plaintiff, by his attorney, files separate Interrogatories against the said garnishees.
**John J Haley et al vs Fred K Spies & Geo Geisel garnishees of Francis Hofelman**
Interrogatories filed.
**Theron Barnum et al vs Washington F Adams**
Answer filed.
**George Rogers vs John J Anderson, Reuben Anderson and E Henry Gaylord garn. of St Levi**
Interrogatories filed.
**Quinnebang Bank vs 199 J L Chandler**
Motion to dismiss filed Answer filed.
**Alexander Campbell vs 394 Delilah Campbell**
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.
---
**Viewer Page 391** (rcdbook1858_28_0390.jpg)
> Handwritten Page Number on Record Book: 387
**Edwin G Whitney President of the Indiana Bank, at Madison, Indiana. vs Neree Valli**
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by affidavit, whereby he confesses himself indebted to the plaintiff in the sum of Eleven thousand one hundred dollars and consents that judgment may be rendered against him for that amount. 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 this herein expended and have thereof execution.
**Bank of the State of Indiana (at Madison) vs Neree Valli**
Confession of Judgment.
Now comes the defendant and files a statement in writing, duly verified by affidavit, whereby he confesses himself indebted to the plaintiff in the sum of eleven thousand one hundred and fifty dollars and consents that judgment may be rendered against him for that amount. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as confessed and its costs herein expended and have execution therefor.
**Hermann W Brockelmann vs 120 William L Catherwood etal**
On motion, ten day additional time is given to answer herein.
**John J Roe etal vs 254 Thomas L Moore etal**
On motion, ten days additional time is given the defendants, Thomas L Moore and John G Glenn, to answer herein. Separate answer of Albert Becker filled.
**John Roe etal vs 428 Thomas L Moore etal**
On motion, ten days additional time is given the defendants, Thomas L Moore and John G Glenn, to answer herein. Answer of Albert Becker and Joseph A Fanning filled.
**James Winton etal vs 313. William King etal**
On motion, ten days additional time is given to plead herein.
**Stephen Haskell etal vs 296. Joseph L Papin etal**
Answer of H D and J J Sullivan filed.
**Tallmadge Stevens vs 528. Charles Burchard**
By leave of Court the defendant files a supplemental answer and sett and also an exhibit.
**Henrietta Knollhoff vs 441 John Knollhoff**
On motion of the plaintiff, by his attorney, it is ordered by the Court that the order of dismissal be set aside and for naught held, and this cause reinstated for trial.
---
**Viewer Page 392** (rcdbook1858_28_0391.jpg)
> Handwritten Page Number on Record Book: 388
**Andrew F Carpenter vs 518 Morris D Myers**
On motion until tenth instants is given the defendant to plead herein.
**Ira H Stout vs 116 Edward S Holliday etal**
On motion, ten day is given the defendants to plead herein.
**Marry Charlotte vs 13 Gabriel S Chouteau**
Affidavit for Special Venire filed by defendant.
**Joseph W Clark etal vs 248 John W Spalding etal**
Dismissal. On motion of the plaintiffs by their attorney, it is ordered by the Court that this cause be dismissed at their costs and that execution issue therefor. Note withdrawn by plaintiffs by leave of Court.
**The State of Missouri vs 827 Stephen H Houser**
Change of Venue from Gasconade County to St Louis Criminal Court. Change of Venue from St Louis Criminal Court. On Indictment for Murder in the first degree. Now at this day comes the Circuit Attorney, who prosecutes for the State, and the said defendant being brought into Court, thereupon come a Jury to wit: Otis Breden, Frederick, Jobener, James C Sebby, Henry F Bussy, William S Reeder G B Cooper J N Jibson, William Cox Levis Meyer J Moss James Davidson, and J N Garnhart, twelve good and lawful men, who being duly elected, tried and sworn the traverse between the parties aforesaid well and truly to try, the trial of this cause progressed, but the same not being concluded at the hour of adjournment further proceedings herein are deferred until the meeting of the Court tomorrow morning.
Hon Edward Bates announces to the Court the death of Hon Edward A Hannegan, and on his motion, it is ordered by the Court that the following proceedings of a meeting holder by the members of the St Louis Baron the twenty sixth day of the present month, be spread upon the records of this court, of this day, to wit:
"Bar Meeting.
"In pursuance of previous notice the members of the St Louis Bar conversed in the Court Room of the Court of Common Pleas, upon the occasion, of the late Edward A Hannegan. Upon motion of C L Whittelsey, Judge Lord was called to the Chain, and D C Woods was appointed Secretary.
"The meeting was then addressed by M O G Cates, who thereupon moved that a committee of five be appointed to draft resolutions.
"The Chain thereupon appointed M O G Cates, Judge Krum, Judge Clover, Judge Colt, and R J Barret.
"Said committee, after retiring for a few minutes, reported the following resolutions, which were unanimously adopted.
"We, the members of the St Louis Bar, convened to mourn the sudden death of our brother, the Hon Edward A Hannegan, feel constrained in announcing this sad event, to assure his many friends, here and abroad, that our hearts are deeply affected by this unexpected stroke of Divine Providence.
"Our deceased brother was no ordinary man. In the Halls of Congress, he proved him self an Orator, a Patriot and Statesman and in the Courts of Justice, a profound Lawyer and brilliant Advocate.
---
**Viewer Page 393** (rcdbook1858_28_0392.jpg)
> Handwritten Page Number on Record Book: 389
"To the social circle he brought the charms of a benevolent heart and refined imagination, and in his intercourse with all he was kindly disposed and considerate and the true gentleman. Therefore in respect to his memory.
"Resolved, That the members of the St Louis Bar bear writing testimony to the many virtues and worth of our deceased friend, and in his death feel that we have sustained and irreparable loss.
"Resolved, That we desire to mingle our sympathies with those of the relatives and friends of the deceased; and in order that our respect and sympathy expressed on this occasion may be perpetuated, we request, that the proceedings of this meeting, and these resolutions be spread upon the records of the several Courts of this County.
"Resolved, That the members of the bar, in a body will attend the funeral of the deceased.
"Resolved, That the Chair appoint members of the bar to communicate these proceedings to the several Courts, and request that the same be spread upon their records.
"The meeting was then addressed by Major Wright in a feeling and eloquent manner. It was moved by Major Wright that the resolution be printed in the several newspaper in the City of St Louis, which was unanimously adopted.
"The Chair then proceeded to appoint the following members of the St Louis Bar to present the resolutions to the respective Courts, to wit:
Supreme Court-M Bary
Circuit Court W S.-M Gantt.
Circuit Court-Judge Bates.
Common Pleas Court-M Gates.
Criminal Court-M Wright.
Land Court-Judge Krum.
Law Commissioners Court-M Van Waggoner.
"Whereupon, the meeting then adjourned.
DC Wood Secretary.
---
**Viewer Page 394** (rcdbook1858_28_0393.jpg)
> Handwritten Page Number on Record Book: 390
Court met pursuant to adjournment. Present as before.
**James W Sanguish etal vs 23. Thomas Burke et al**
Answer of Burke, Walsh and Hutchinson filed. Answer of Crenshaw filed.
**Thomas Bassett etal vs 244 Peter Ambs**
Answer and Counterclaim filed.
**John J Wright vs 198 Peter Ambs**
Answer filed.
**Griffin P Theobald etal vs 165 Chas Lambe etal**
Plea in abatement filed.
**William H Pritchardt vs 309 William M McPherson etal**
The defendant John J Anderson files a demurer herein.
**Andreas Birk vs 462 William Turton Jr etal**
Motion to strike out petition filed.
**Andreas Birk. vs 329 William Turton Jr etal**
Demurer filed.
**William H Keevil vs 277 George Demford**
Answer filed.
**Chalmer D Blossom vs 387 William A Nelson etal**
The defendants William A Nelson and William C Martin file an answer herein.
**John W Hedenberg. vs 707 William A Whiting etal**
The defendants William A Whiting files a demurrer herein.
**Joshua W Owings vs George J Barnett garnishee of W K Wilson**
Interrogatories filed.
**Fleming Bates vs Adolphus Dentelmoser garn of Jno Valentine etal**
Interrogatories filed.
**Providence Tool Company vs John N Johnson garnishee of Henry M Woodward**
Interrogatories filed.
**Providence Tool Company vs Squire Johnson garnishee of Henry M Woodward**
Interrogatories filed.
**Providence Tool Company vs Andrew M Stephen, Jno D Baker garn of N M Woodward**
Interrogatories filed.
**Providence Tool Company vs Levis M Saunders garn. of Henry M Woodward**
Interrogatories filed.
---
**Viewer Page 395** (rcdbook1858_28_0394.jpg)
> Handwritten Page Number on Record Book: 391
**Providence Tool Company vs George W Shewalter garns of Henry M Woodward**
Interrogatories filed.
**Providence Tool Co vs Wm Tucker garns of Henry M Woodward**
Interrogatories filed.
**Providence Tool Company vs Paul Reinhards, Jacob C Rainhard garnishees of Henry M Woodward**
The plaintiff files separate interrogatories herein, thereupon the said garnishee file an answer.
**Providence Tool Company vs Walter M Smallwood and Jacob M Jubien garns of Woodward**
Interrogatories filed. Answer filed.
**Providence Tool Company vs Garcot Tucker gang of H M Woodward**
Interrogatories filed. Answer filed.
**Julia A Coover vs 86 M C Walker etal**
Motion to strike out parts of answer filed.
**Providence Tool Company vs Sams S Drysdale garn of H M Woodward**
Interrogatories filed. Answer filed. Exhibit filed.
**Providence Tool Company vs Wm Porter, Thos Walraven, Isaac Stocks, and Peter Galleys garn of Henry M Woodward**
The plaintiff files Interrogatories herein against said garnishees; thereupon the said garnishees file separate answers herein.
**Thos Reyburn's Exn vs 365 Thomas Lonergan**
Amended petition filed.
**Job M Wing etal vs Jos Fisher**
Answer filed.
**Augustus Samuel et al vs 153 Timothy Van Sink etal**
Answer filed.
**John O Connor vs Wm H Pearson**
Demurrer filed.
**Louis C Garnier vs Jno Simonds, Luther M Kennett and Geo B Sanderson garn of The City Bank of St Louis**
The plaintiff files separate Interrogatories to the said garnishees.
---
**Viewer Page 396** (rcdbook1858_28_0395.jpg)
> Handwritten Page Number on Record Book: 392
**Henry Hitchcock vs Daniel Able etal**
Deposition for defendant opened and filed.
**Henry S Parker etal vs 441 William Wade etal**
Answer of Danl M Frost and Eliza G Frost filed. Answer Adam D Steward and Marry B his wife and Robert Campwell, trustee, filed.
**The St Louis Building and Savings Inst, vs 333 Joseph H White**
Motion to strike out answer of White and for judgment filed.
**William C Conyne vs Montz Niedner garn. of Louis Lange**
Interrogatories filed by leave of Court.
**John Lyon etal vs Masterson and Maginnis garn., of Ledlie and Nilam**
Interrogatories filed by leave of Court.
**Harvey W Smith vs Elizah G Tuttle garn. of Wm Whitely etal**
Interrogatories filed by leave of Court.
**George Lefevre etal vs St Cyr garns of McIndoe and Hinton**
Interrogatories filed by leave of Court.
**George Lefevre etal vs Wright Maddox garn**
Claim of Durke and Bullock filed.
**Percival Platt vs 10 Wm Bevard**
Motion for security for costs filed.
**Saml Goulding etal vs 549 Elizah Y Tuttle etal garns**
Agreement filed.
**Felix Coste et al vs 265 City of St Louis etal**
Stipulation field, and in accordance therewith until the tenth instant is given the City of St Louis to file a bill of Exceptions herein.
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**Viewer Page 397** (rcdbook1858_28_0396.jpg)
> Handwritten Page Number on Record Book: 393
**Linus Jackson vs The Boatmens Savings Inst garns of L Sherwood**
Interrogatories filed.
**Isaac C Cable etal vs 85 Samuel Gaby etal**
Demurrer filed.
**William Brown vs 315 Charles Marlow**
Motion strike out answer and for judgment filed.
**Levis M Bond etal vs 316 Patrick Long**
The plaintiffs file security for costs herein. Samuel H Gardner security.
**Russell Scarett etal vs 317 Frederick Meyer etal**
Motion to strike out answer and for judgment filed.
**Piere A Berthold vs 102 William Wade etal**
Answer of Adam D Stewart, Marry B Stewart and Robb Campbell trustee filed. Answer of Daniel M Frost and Eliza Y Frost filed.
**Robert B Bowler vs 203 William Wade etal**
Answer of Adam D Stewart and wife and also answer of Daniel M Frost and wife filed.
**Gustavus Bauermann vs 167 Jesse arnot etal garnishees of Boultinghous**
Interrogatories filed.
**A D Glover vs 267 Thomas Thomas etal**
Motion to strike out parts of answer filed.
**Henry Papin vs 327 Henry W Tracy etal**
On motion of the defendants by their attorney, until the seventh instant is given them to plead herein.
**Jonathan Jones vs William A Nelson and William C Martin**
On motion of the defendants by their attorney, ten days is given to answer herein.
**Roger C M Allister vs 499 Ellsworth Miller etal**
On motion ten day further time is given to defendants to answer herein.
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**Viewer Page 398** (rcdbook1858_28_0397.jpg)
> Handwritten Page Number on Record Book: 394
**Henry Overstolz and Francis Overstolz vs 182 Moses Perrin**
Order of Publication. Attachment.
The Sheriff having made return that the defendant cannot be found and the Court being satisfied that process cannot be served upon him therefore on motion of the plaintiffs, by their attorney, it is ordered by the Court that he be notified that a civil action has been commenced against him founded on an account for the sum of three hundred and ninety eight dollars and thirty four cents for goods wares and merchandise sold and delivered to him by the plaintiffs, and that his property has been attached and unless to be and appear at the next term of this Court to be begun and holden at the City of St Louis within and for the County of St Louis on the last Monday of September next, and on or before the third day thereof answer the petition herein judgment will be 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 Missouri Republican a newspaper printed and published in the City of St Louis.
**Stephen Haskell and James M Franciscus. vs 326. P A Champion**
Order of Publication. Attachment.
The Sheriff having made return that the defendant cannot be found and the Court being satisfied that process cannot served upon her, therefore, on motion of the plaintiffs, by their attorney, it is ordered by the Court that she be notified that a civil action has been commenced against her founded on a note for the sum of eleven hundred dollars, and that her property has been attached and that unless she be and appear at the next term of this Court to be holden at the City of St Louis, within and for the County of St Louis, on the last Monday of September next and on or before the third day thereof answer the petition herein the same will be taken against her as confessed, judgment rendered against him as confessed and her property sold to satisfy the same. It is further ordered that a copy hereof be published according to law in the Missouri Republican a newspaper printed and published in the City of St Louis.
**Thomas Boylan and William P Gettys vs 95 George W Jope**
Order of Publication. Attachment.
It appearing to the satisfaction of the Court that the defendant cannot be summoned in this action, therefore, on motion of the plaintiffs, by their attorneys it is ordered by the Court that he be notified that a civil action has been commenced against him for the sum of five hundred and twenty seven dollars and thirty cents founded on a note, and that has property has been attached and unless he be and appear at the next term of this Court to be begun and held at the City of St Louis within and for the County of St Louis on the last Monday of September next, and on or before the third day thereof answer the petition herein judgment will be rendered against him and his property sold to satisfy the same. It is further ordered that a copy hereof published according to law in the Missouri Republican a newspaper printed and published in the City of St Louis.
**Charles H Rhoads vs 181 Moses Perrin**
Order of Publication. Attachment.
It appearing to the satisfaction of the Court that the defendant cannot be summoned in this action, therefore, on motion of the plaintiff, by his attorney, it is ordered that he be notified that a civil action has been commenced against him, by petition and attachment on account of work and labor performed for him by the plaintiff, for the sum of Six hundred and fifty dollars, and that his property has been attached and unless he be and appear at the next term of this court to be begun and held at the City of St Louis, within and for the County of St Louis on the last Monday of September to Next and on or before the third day, thereof answer the plaintiff petition judgment will be 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 Missouri Republican a newspaper printed and published in the City of St Louis.
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**Viewer Page 399** (rcdbook1858_28_0398.jpg)
> Handwritten Page Number on Record Book: 395
**Josiah Y McClellan vs 43 Henry D Bacon**
On notes.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called comes not but make default wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instruments of writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of clever thousand one hundred and ninety six dollars and fifty four cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid by the Court found and also his costs herein expended and have execution therefor.
**Simon D Gratiaa, Louis Commagere, and Paul Longis vs 457 Christian Schaffler, Lorentz Schaffer, and John H Fisher**
On notes.
Now at this day come the plaintiffs, by their attorneys, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein taken against them as confessed: and the Court finds from the instruments of writing on which this action is founded that the defendants are indebted to the plaintiffs, in the sum of Eleven hundred and sixteen dollars and seventy two cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid inform aforesaid as found and also their costs herein expended and have execution therefor. Judgment to leave interest at the rate of ten percent per annum.
**Joshua W Owings vs John M Wimer and William W Wimer**
On notes.
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 defendant, William W Wimer, but the defendant, John M Wimer, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiff, it is ordered that the petition be taken against him as confessed: and the Court finds from the instruments of writing on which this action is founded that the defendant, John M Wimer, is indebted to the plaintiff in the sum of nine hundred and twenty five dollars and ninety two cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid found and also his costs in this behalf expended and have thereof execution.
**Charles H Welling, Lemuel Coffin, Joseph B Altermus, and Charles B Mount. vs 515 George C Reed and Theodore Gates**
On notes.
Now at this day come the plaintiffs, by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instruments in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of two thousand and forty 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 found and also their costs herein expended and have execution therefor.
**Barney Holscher vs 77 John H Crane**
Dismissal.
On motion of the plaintiffs, 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 400** (rcdbook1858_28_0399.jpg)
> Handwritten Page Number on Record Book: 396
Michael S Cerre, Sheriff of St Louis county, comes in open Court, and acknowledges the execution of a deed by him, as such Sheriff, of all the right, title, interest, claim, estate and property of Charles L Gilpen to William Waddingham, on and to the following described real estate, to wit; 1st, a lot in Block twenty three and twenty four twenty eight feet front on Second street by a depth of one hundred and forty one feet, bounded North by Fox estate, East by alley, South by Blumenthal and West by Second street, also a lot in Block number seventeen eight feet front on first street by on hundred and seventeen feet in depth, bounded North by Brent, East by Alley, South by Schaeffer, West by first street, also a lot eight feet front on first street by ninety feet in depth bounded North by Finney East by Front street, South by Von Phul, West by Alley also a lot in Block number two hundred and thirty fronting sixty feet on Levis street by a depth of one hundred and forty feet, bounded North by Smith street, East Levis street, South by Austin estate, West by alley, also lots in Blocks twenty three and twenty four having one hundred and eleven feet front by one hundred and twenty five feet in depth, bounded North by guardhouse, East by first street, South by Atchison and West by alley, also a lot in Block no two hundred and forty one having a front of one hundred and thirty seven feet by one hundred and ninety feet in depth, North by alley, East by first street, South by Mullanphy street West by Willi, also a lot in Block Seventeen having a front of thirty feet by a depth of ninety feet bounded North by Finney, East by Front Street South by Rogers, West by alley, also lot twenty four feet front by ninety feet deep bounded North by Rogers, East by front street, South by Finnley, West by alley; sold by virtue of two Executions one of which issued from the office of the Clerk of the St Louis Land Court in favor of Charles S Gill and George H Gill and against Charles L Gilpen, one issued from the office of the Clerk of the St Louis Court of Common Pleas in favor of Daniel P Woods against said Gilpen both returnable to the March Term, 1859 of said Courts.
Michael S Cerre, Sheriff of St Louis county, comes in Court, and acknowledges the Execution of a deed by him, as Sheriff as aforesaid to Levis Ashley for all the right, title, interest, claim, estate and property of Adolph Dapron, Amable Dapron, Elizabeth Dapron, Bridget Dapron, minor heirs and children of Nicule Dapron, deceased, and Louis Dapron, their guardian, of in and to the following described real estate, to wit;a tract of land containing about sixty acres and being the most Eastern part of the West half of the North West quarter of section nineteen in township number forty four North range six East bounded North by land of Thomas Eddy East by land former by of Michael Conore Jesson, South by the South West quarter of said section nineteen and West by lands sold by Amable Chartland and wife to Enos Pipkin by dated respective 6th day of April 1847 and 26th day of October, 1851, and being the same land conveyed by Amable Chartand and wife to Ursule Dapron and others by deed dated the 18th day of July 1854 of record in the Recorders Office of St Louis County in deed book no 154 page 278. Sold by virtue of an order of sale made by the St Louis Land Court on the 18th day of November, 1858, in the partition suit of Levic Ashley against said above named parties.
Michael S Cerre, Sheriff of St Louis County, comes into Court and acknowledges the execution of a deed by him as Sheriff as aforesaid in favor of Charles A Mantz for all the right, title, interest claim estate and property, of True Worthy Hoit of in and to the following described real estate, to wit; Lots number four and nine in block one of Carpenters Subdivision of Block three of Page and M Pheeters subdivision in fronting fifty feet on grand Avenue. Sold by virtue of two executions fevered from the office of the Clerk of the St Louis Circuit court one in favor of William B S Gray, against said Hoyt and the other in favor of Frederick Sweetzer, Samuel H Gooken, Reuben Suran against said Hoyt returnable to the March Term, 1859.
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**Viewer Page 401** (rcdbook1858_28_0400.jpg)
> Handwritten Page Number on Record Book: 397
Michael S Cerre, Sheriff of St Louis County, comes into Court and acknowledges the execution of a deed by them as such Sheriff in favor of Louis Roever & Human H Laumeier for all the right title, interest, claim estate and property of Samuel Schmidt of in and to the following described real estate, to wit; Lot numbers thirty six and thirty seven of West Union Addition to the City of St Louis according to the recovered plat thereof beginning at a point on the South line of Davis street, West wardly one hundred and seventy two feet from the point where the South line of said street interests the West line of Bridge street thence Westwardly with the South line of Davis street one hundred feet, thence Southwardly at right angles to Davis street one hundred and fifty one feet to an alley; thence Eastwardly, with the North line of said alley, on hundred feet, thence Northwardly with the West line of an alley one hundred and fifty one feet to the place of beginning bounded North by Davis street, East by an alley and west by lot number thirty six. Sold by virtue of an execution issued from the Office of the Clerk of the St Louis Circuit Court in favor of Louis Roever and Herman H Laumier against Samuel Schmidt returnable to the February Term, 1859.
**James Givens vs 335 John H Fisher and Francis Beehler.**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called come not but make default wherefore, on motion of the plaintiff it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of ten hundred and fifty dollars and forty cents. It is therefore considered by the Court that the said plaintiff recover of the side defendants the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**James Givens vs 337 John H Fisher, Francis Beehler and John Fisher**
On note.
Now at this day comes the plaintiff, by her attorney, but the defendants, although duly summoned and called, come not but make default wherefore, on motion of said plaintiff it is ordered by the Court that the petition herein be taken against them as confessed; and the Court doth finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of seven hundred and thirty eight dollars and ninety two cents. It is therefore considered by the Court that the said plaintiff recover of the side defendants the sum aforesaid inform aforesaid as found and also his costs herein expended and have execution therefor.
**Joshua P Richards vs 450 William Hassingen and Henry Patterson**
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 defendant Patterson, but the defendant, Hassigner, although duly summoned and called, comes not but makes default, wherefore, on motion of said plaintiff, the court doth order that the petition herein be taken against him as confessed; and the Court doth find from the instrument in writing on which this action is founded that the said defendants is indebted to the plaintiff in the sum of two hundred dollars and fifty five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid inform aforesaid by the Court found and also his costs herein expended and have execution therefor.
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**Viewer Page 402** (rcdbook1858_28_0401.jpg)
> Handwritten Page Number on Record Book: 398
**Henry Hitchcock, receiver vs 565 James L Gage**
On note.
Now at this day comes the plaintiff, in proper persons, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of said plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of four hundred and seventeen dollars and two cents. It is therefore considered by the court that the said plain=tiff recover of the said defendant the sum aforesaid inform aforesaid as found and also his costs herein expended and have execution therefor.
**Elisha B Greene, John Campbell, Edwin H Griswold, George P Rogers, James Kirker and Mendall Churchill, no 566 James L Gage**
On note.
Now at this day come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of said plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs, in the sum of five hundred and twenty four dollars and seventy seven 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 herein expended and have execution therefor.
**Adam Wilson Kelly no 234 Emilies Kraft and Otto C Kraft**
On Draft.
Now at this day comes the plaintiff, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of said plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs, in the sum of two hundred and sixty three dollars and sixty three cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid as found and their costs herein expended and have therefor execution.
**Joseph Charles, Taylor Blow, and William J Blow no 379. D M Frost, Todd and Edward Atkinson**
On note.
Now at this day come the plaintiffs, by their attorneys, and dismiss this suit as to the defendant, Todd, and on their motion, leave is given them to amend their petition by in=serting in the caption thereof the given name Daniel, of the defendant, Frost, which amendment, is made; but the defendants, Daniel M Frost, and Edward and Atkinson, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of seventeen hundred and twenty dollars and twenty cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendants the sum aforesaid inform aforesaid by the Court found and also their costs herein expended and have execution therefor.
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**Viewer Page 403** (rcdbook1858_28_0402.jpg)
> Handwritten Page Number on Record Book: 399
**Joseph Charles, Taylor Blow, and William S Blow no 363 Rockwell and Augustus P Guibert**
On note.
Now come the plaintiffs, by their attorney, and dismiss this suit as to the defendant, Rockwell, but the defendant Guibert, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein taken against him as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of three hundred and sixty dollars. 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 also their costs herein expended and have execution therefor.
**The Mason County Mining and Manufacturing Company no 365 The America Iron Mountain Company**
On Bill of Exchanges.
Now comes the plaintiff, by its attorney, but the defendant, although duly summoned and called: comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against it as confessed: And the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of four hundred and fifteen dollars and nine cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid inform aforesaid as found and its costs herein expended and have thereof execution.
**Elevin H Hunger vs 879 Henry D Bacon, Daniel D Page, Thomas Brown, and Edward Wyman**
On Note.
Now come the plaintiff, by its attorney, but the defendant, Henry D Bacon, although duly summoned and called: comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: And the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of three thousand dollars. 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 herein expended and have thereof execution.
**Edward W Shands vs 552 John H Fisher and Francis Beehler**
On Note.
Now comes the plaintiff, by its attorney, but the defendants, although duly summoned and called, come not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of seventeen hundred and ninety eight dollars and ninety four cents. It is therefore considered by the Court that the said plaintiff recover of the defendants the sum aforesaid inform aforesaid by the Court found and his costs herein expended and have execution thereof.
**John M Krum et al assignees of Rogers Anderson and Company no 4 J M [Omebeny ?]**
Dismissal.
On motion of the plaintiffs 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 404** (rcdbook1858_28_0403.jpg)
> Handwritten Page Number on Record Book: 400
**Herman W Brockemann no 508 Gerhard Bensberg**
On note.
Now come the plaintiff, by his attorney, but the defendant although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of three hundred and forty seven dollars and eighty cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid in form aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Edward Buse vs 585. Sigismund Hischfeld**
Now out this day comes the plaintiff, by his attorney, but the defendant although duly summoned and called, comes not but makes default, wherefore, on motion of the said plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of three hundred and twenty seven dollars. It is therefore considered by the Court that the said plaintiff recover of the said defendant the sum aforesaid inform aforesaid inform aforesaid as found and his costs herein expended and have thereof execution.
**Nicholas Reider vs 586 Sigismund Hischfeld**
On note.
Now comes the plaintiff, by his attorney, but the defendant although duly summoned and called, comes not but makes default, wherefore, on motion of the said plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of seven hundred and seventy dollars and forty three cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid inform aforesaid inform aforesaid as found and also his costs herein expended and have thereof execution.
**The German Savings Institution vs 560 Levi V Reed and Francis Kerzingen**
On note.
Now at this day comes the plaintiff, by its attorney, but the defendants although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of six hundred and eighty nine dollars and fifty two 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 its costs herein expended and have execution therefor.
**Joseph Dormitzer vs 559 William A Bassett**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion the Court doth order that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and two dollars and ninety five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid inform aforesaid as found and his costs herein expended and thereof have execution.
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**Viewer Page 405** (rcdbook1858_28_0404.jpg)
> Handwritten Page Number on Record Book: 401
**James M Franciscus vs 359 William A Bassett, Christian Schaffer and Lorenz Schaffer**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of four hundred and thirty two dollars and fifty four cents. It is therefore considered by the Court that the said plain=tiff recover of the said defendants the sum aforesaid inform aforesaid as found and his costs herein and have thereof execution.
**J Minor, K Johnson, and Derrick L Boardman vs 119 Edward Hale Jr**
On note.
Now at this day comes the plaintiffs, by their attorney, but the defendant, although duly summoned and called come not but make default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of one hundred and seven dollars and eleven cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid inform aforesaid as found and also costs herein expended and thereof have execution.
**August Schirmer vs 390 Joseph A Enghauser, Leonhard Enghauser, and Louis Heninger**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called come not but make default, wherefore, on motion of the said plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of three hundred and eighty eight dollars and sixty five cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid inform aforesaid as found and also costs herein expended and have execution therefor.
**Samuel Jacoby vs 352 Anton Jaeger and George Heitz**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, the Court doth ordered that the petition herein be taken against him as confessed; and the Court doth finds from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of six hundred and eighty seven dollars and twenty two cents: and the Court doth thereof consider that the plaintiff recover of the said defendants the sum aforesaid in form aforesaid as found and also his costs herein and have execution therefor.
**Dwight Durkee administrator of John [Halsall ?] deceased vs Thomas W [Ustick ?]**
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the said plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court doth find from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of seven
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**Viewer Page 406** (rcdbook1858_28_0405.jpg)
> Handwritten Page Number on Record Book: 402
hundred and ninety two dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the sum of aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor. Judgment to bear ten percent interest.
**James d Leonard vs 438 Mathias Spoeri**
On Note.
Now at this day comes the plaintiff, by his attorney, by the defendant although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of three hundred and fifty dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Levi M Bond and K Albert Denckla vs 505 John K Fisher**
On note.
Now at this day come the plaintiff by their attorney, but the defendant, although duly summoned and called; comes not but makes default wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed: and the court finds from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of eight hundred and forty dollars, It is therefore considered by the court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**Stephen Haskell and James McFranciscus vs 295 The Saint Louis and Iron Mountain Rail Road Company, J L Brindell, and John T Andrews**
On note.
Now at this day come the plaintiffs, by their attorney, [and the ?] dismiss this suit as to the defendants, Brindell and Andrews but the defendant the Saint Louis and Iron Mountain Rail Road Company, although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition be taken against the said defendant as confessed: and the Court doth find from the instrument of writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of two hundred and thirty one dollars and twenty five cents. It is therefore considered by the Court that the said plaintiffs recover of the said defendant the sum aforesaid inform aforesaid as found and their costs herein expended and have there of execution.
**Archibald Bryan vs 201 Daniel D page, Henry D Baron, Edward Wyman and Thomas Brown**
On Bills of Exchange.
Now comes the plaintiff by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instruments in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of fifteen hundred and ten dollars. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and also his costs and charges in this behalf expended and have thereof execution.
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**Viewer Page 407** (rcdbook1858_28_0406.jpg)
> Handwritten Page Number on Record Book: 403
**Matthew S Malony and William P Malony vs 278 Jacob Bensberg**
On notes.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendant is indebted the plaintiffs in the sum of nine hundred and thirty dollars and ninety nine cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid as found together with interest thereon at the rate of ten percent per annum from this date until paid and also their costs herein expended and have execution therefor.
**Stephen Haskell and James McFranciscus vs 294 John H Fisher, Francis Buhler, and Lorenz Schaffler**
On note.
Now come the plaintiffs, by their attorney but the defendants, although duly summoned and called, come not but make default, where fore, on motion of the plaintiffs, the Court doth order that the peti tion herein be taken against them as confessed; and the Court doth find from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of ten hundred and fifty dollars. It is therefore considered by the Court that the plain= tiffs recover of the defendants the sum aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**James McFranciscus vs 297 John H Fisher and Francis Buhler**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court doth find from the instrument of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of ten hundred and sixty five dollars. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid inform aforesaid as found and his costs herein expended and have execution therefor.
**Stephen Haskell and James McFranciscus vs 298 John H Fisher, Francis Buhler and Lorenz Schaffler**
On note.
Now come the plaintiffs, by their attorney, the defendants, although duly summoned and called come not but make default, wherefore on motion of the plaintiffs, the Court doth order that the petition herein be taken against them as confessed: and the Court doth find from the instrument in writing on which this action as foun=ded that the defendants are indebted to the plaintiffs in the sum of ten hundred and sixty dollars. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as founded also their costs herein expended and have execution therefor.
**John W Thornburgh vs 494 Thomas Rutherford**
On note.
Now at this day comes the plaintiff, by his attorney, but the defendant, although duly summoned and solemnly called comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court doth find from the instrument of writing in which this action is founded that
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**Viewer Page 408** (rcdbook1858_28_0407.jpg)
> Handwritten Page Number on Record Book: 404
that the defendant is indebted to the plaintiff in the sum of six hundred and eighty dollars and fifteen cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**Frederick Wright vs 572 William O Wheeler and Edward P Johnson**
On notes.
Now comes the plaintiff, by his attorney, but the defendants, al= though duly summoned and called, come not but make default wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument of writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of three hundred and sixty seven dollars and ninety two cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and also his costs herein expended and have thereof execution.
**Elzey G Burkham and Joseph Burkam vs 386 The Valentine Freight Express Company**
On note.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against it as confessed; and the Court finds from the instrument of writing on which this action is founded that the defendants is indebted to the plaintiffs in the sum of two hundred and twenty six dollars and sixty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and their costs herein expended and have thereof execution.
**Henry S Matthews vs 124 George B Field, Henry S Clarke, Thomas H West**
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Filed, but the defendants, Clarke and West, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: And the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two hundred and forty three dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of the said defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Joseph Koester vs 23. John Durand**
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court doth find from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and thirty three dollars and thirty cents. It is therefore considered by the Court that the said plaintiff recover of the defendant the sum aforesaid inform aforesaid as found together with interest thereon at the rate of ten percent per annum from this date until paid and also his costs and charges herein expended and have execution therefor.
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**Viewer Page 409** (rcdbook1858_28_0408.jpg)
> Handwritten Page Number on Record Book: 405
**Darius Hunkins vs 436. John Stickel**
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiff, by his attorney, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court doth find from the instru ment of writing on which the action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and sixty six dollars and thirty nine cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as founded together with interest herein at the rate of ten per cent per annum from this date until paid and his costs herein expended and have execution therefor.
**Wendelin Kiemel vs John H Fisher and Francis Buhler**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the in strument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of five hundred and twenty seven dollars and twenty five cents. It is there=fore considered by the Court that the plaintiff recover of the defendants to the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**George F Hill vs 142 Wiley J Stratton**
On Bill of Exchange.
Now comes the plaintiff, by his attorneys, but the defendant although duly summoned and called, comes not but makes default wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of Sixteen hun= dred and eighty one dollars and four cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**David H Copp vs 527 David Caughlan**
On notes.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instruments in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of twenty one hundred and seventeen dollars and eighty two cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found together with interest therein at the rate of ten percent per annum from this date until paid and his costs herein expended and have execution therefor.
**Edward P Jesson vs 275 Edward W Tracy**
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: And the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of three hundred and twenty six dol= lars and eighty five cents, It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
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**Viewer Page 410** (rcdbook1858_28_0409.jpg)
> Handwritten Page Number on Record Book: 406
**Rufus J Lackland vs 304 John H Fisher, Francis Buhler, and John Shiffman**
On note.
Now comes the plaintiff, by his attorney, but the defendants, al= though duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court doth find from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of ten hundred and seventy one dollars and twenty cents. It is therefore considered by the Court that the plain= tiff recover of the defendants the sum aforesaid inform aforesaid as found and his costs herein expended and have execution therefor.
**Edward de [Saureal ?] vs 276 William Hassinger, John O Brien and George I King**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of five hundred and fifty four dol= lars and thirty two cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and also his costs herein ex= pended and have execution therefor.
**Thomas M Taylor and Oscar W [Collet ?] vs 210 John H Fisher and Christian Scheffler**
On note.
Now come the plaintiffs, by their attorney, but the defendants, al= though duly summoned and called, come not but make default wherefore, on motion of plaintiffs, it is ordered by the Court, that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of two hundred and fifty dollars. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found and their costs herein ex= pended and have execution therefor.
**Francis Saler vs 399 William W Musick, James M Musick, and John V Olhausen**
On note.
Now comes the plaintiff, by his attorney and dismisses this suit as to the defendant, Olhausen, but the defendants, William W Musick and James M Musick, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of six hundred and thirty three dollars and twenty eight cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form afore= said as found and his costs herein expended and have execution therefor. Judgment to her interest at the rate of ten per cent per annum.
**The United States Savings Institution vs 541 Peter Lang et al**
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.
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**Viewer Page 411** (rcdbook1858_28_0410.jpg)
> Handwritten Page Number on Record Book: 407
**George N Beard and Eleazer J Beard vs 508 Lorenzo Schaffler, Christian Schaffler, and Edward Boyle**
On note.
Now come the plaintiffs, by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of four hundred and twenty seven dollars and seven cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid inform aforesaid as found and their costs herein expended and have execution therefor.
**Edward P Jesson vs 322 Charles Belcher and William M Belcher**
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Charles Belcher, but the defendant, William M Belcher, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant, William M Belcher, is indebted to the plaintiff in the sum of nine hundred and eighteen dollars and sixty three cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid inform aforesaid as found and also his costs herein expended and have execution therefor.
**Alton Long vs 549 John H Fisher, Francis Buhler and John Schiffman**
On note.
Now comes the plaintiff, by his attorney but the defendants although duly summoned and called, come not but make default, wherefore on motion of the plaintiff, it is ordered by the Court that that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of seven hundred and thirty six dollars and fifty five cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and also his costs herein expended and have thereof execution.
**Charles D Ellis and John S Cavender vs 306 Joseph B Sherer**
On note.
Now come the plaintiffs by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court that thes petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of thirteen hundred and eighty one dollars and sixty three cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefor. Judgment ot bear ten per cent interest from this date until paid.
**Henry Hitchcock receiver vs 564 Ezra O English, John Burnes and Jacob Johann**
Default.
Now comes the plaintiff, in person, but the defendants, John Burns and Jacob Johann, although duly summoned and called, come not but make default, wherefore, on motion of said plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed.
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**Viewer Page 412** (rcdbook1858_28_0411.jpg)
> Handwritten Page Number on Record Book: 408
**Atlantic Mutual Insurance Company vs 128 John H Fisher and Francis Buhler**
On note.
Now comes the plaintiff, by its attorney, but the defendants, although duly summoned and called, come not but make default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of five hundred and twenty eight dollars and fifteen cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and its costs herein expended and have execution therefor.
**The Machinists Bank vs 364 Daniel D Page, Henry D Bacon, and Thomas Brown**
On note.
Now comes the plaintiff by its attorney, and dismisses this suit as to the defendant, Henry D Bacon, but the defendant, Page and Brown, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the said defendants are indebted to the plaintiff in the sum of two hundred and fifty six dollars and thirty three cents. It is therefore considered by the Court that the plaintiff recover of the defendants to the sum aforesaid in form aforesaid as found and its costs herein expended and have thereof execution.
**David P Faulds and James H Fisher vs 422 Benjamin Worley and S E Worley his wife**
On Bill of Exchange.
Now come the plaintiffs, by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of three hundred and sixty four dollars and eighty nine cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**Jacob Snowden vs 288 Corbin Thompson**
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of three hundred and sixty seven dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found together with interest herein at the rate of ten per cent per annum from this date until paid and also his costs and charges herein expended and have execution therefor.
**Richard B Gilpen vs 375 Charles L Gilpen**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this suit be dismissed at his costs and that execution issue therefor.
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**Viewer Page 413** (rcdbook1858_28_0412.jpg)
> Handwritten Page Number on Record Book: 409
**W W Farmer vs 38 The St Louis and Iron Mountain Rail Road Company**
Default.
Now comes the plaintiff by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff it is ordered by the Court that the petition herein be taken against it as confessed:
**Michael S Mepham et al vs 484 Jacob Merritt, Robert H Campbell, Henry B Merritt, and George W Kidd**
Default.
Now comes the plaintiffs, by their attorney, but the defendant, Jacob Merritt, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff it is ordered by the Court that the petition herein be taken against the said defendant as confessed; and it is further ordered that an alias Summons issue herein for the other defendants returnable to the next term of this Court.
**Martin Boyse vs 497 James Moore et al**
Answer of Daniel M and E G Frost filed. Answer of Adam D Stewart and wife and Robert Campbell trustee filed.
**Hudson E Bridge vs 255 Joseph Brunner**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**The Farmers Bank of Orwell vs 209 Issac W Taylor, administrator**
Stipulation filed. Amended petition filed by consent.
**George Geisl vs 94 John H Fisher, Francis Buhler and Charles F Blattan**
Default.
Now comes the plaintiff, by his attorney but the defendants, John K Fisher and Francis Buhler, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against the said defendants as confessed.
**Theodore Betts et al vs 63 Joseph Powell and John C Powell**
Dismissal.
Now come the parties, by their attorney, and file a stipulation herein and by consent of parties it is ordered by the Court that the garnishees summoned herein be discharged and this suit dismissed at the costs of the plaintiffs and that execution issue therefor. The defendants waive all claim for damages herein.
**Henry Hitchcock receiver vs 562 St Louis and Iron Mountain Rail Road Company and James L Gage**
Default
Now comes the plaintiff, in person, but the defendant, the St Louis and Iron Mountain Rail Road Company, although duly, summoned and called comes not but makes default, wherefore, on motion of the plaintiff is ordered by the Court that the petition herein be taken against the said defendant as confessed.
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**Viewer Page 414** (rcdbook1858_28_0413.jpg)
> Handwritten Page Number on Record Book: 410
**Charles Richardson vs 456 Miles G Moies and Henry M Woodward**
Default.
Now comes the plaintiff by his attorney, but the defendant, Miles G Moise, although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed.
**The State of Missouri vs 827 Stephen H Houser**
Murder in the first degree.
Now again come as well the parties as aforesaid as also the Jurors empanelled and sworn herein, and thereupon the trial of the cause progressed, but the same not being concluded at the hour of adjournment, it is ordered by the Court that further proceedings herein be deferred until the meeting of the Court tomorrow morning.
Court met pursuant to adjournment. Present as before.
**Irwin Z Smith et al vs 5 Francis McFaul et al**
Answer filed.
**Wilson King vs Thomas Brown garn.**
Answer filed.
**Kenny R Hammond vs 389 The Pacific Rail Road**
Answer filed.
**William H Vanderslicer vs 327 John A McElroy**
Answer filed.
**Edwin J Brown et al vs 138 Henry Lyon**
Motion to strike out part of answer filed.
**Linus Jackson vs 121 Lyman Sherwood**
Affidavit of Service filed.
**John O Neil vs W W Singleton garn.**
answer filed.
**Malcom Turner et al vs 243 William Hassinger**
Motion to dismiss for want of security for costs filed.
**William A Mead et al vs 46 Thomas Winn et al**
Proof of service on defendant, Winn, filed.
**Tallmadge Stevens vs Charles Burchard**
Depositions for defendant opened and filed.
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**Viewer Page 415** (rcdbook1858_28_0414.jpg)
> Handwritten Page Number on Record Book: 411
**William North and William P Scott vs 471 Edward Boyle**
On notes.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of six hundred and forty two dollars and sixty five cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid as found and their costs herein expended and have execution therefor.
**Mary Charlotte vs 13 Gabriel S Chouteau**
Now comes the defendant, by his attorney, and moves the Court for a writ of special venue facias for the summoning of a Jury herein and the Court having duly heard and considered the said motion and the affidavit of the defendant heretofore filed herein, and being thereof fully advised doth order that the same be overruled. The defendant files a Bill of Exceptions herein.
**The Marine Insurance Company of St Louis vs 31 The St Louis Alton and Chicago Rail Road Company**
On motion of the plaintiff, by its attorney, it is ordered by the Court that the garnishees, Issac S Smith, Wm Gore, Shenek, Mudd Hughes and Company, Gilbert Mills, Stewart, Henry A Homeyer and Company, and R H Davis and Company be discharged at the costs of said plaintiff.
**George Partridge et al vs 443 D D Michaels and James Clark**
Proof of Publication.
Now come the plaintiffs, by their attorney, and file proof satisfactory to the Court that the order of publication heretofore made herein has been duly, published according to law.
**Harriet Dodge vs 264 Martin Haemmerle, H C Mahnkin, and Samuel Myerson**
Default.
Now comes the plaintiff, by her attorney, but the defendants, Martin Haemmerle and Samuel Myerson, although duly summoned and called, come not but make default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed.
**Harriet Dodge vs 265 Andrew A Lebeau, Erra O English, John P McGrath, Samuel Myerson**
Default.
Now comes the plaintiff, by her attorney, but the defendants, although duly summoned and called come not but make default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed. Motion and affidavit to set aside default filed.
**Chalmer D Blossom vs 387 William A Nelson, William C Martin and Jonathan Jones**
Default.
Now comes the plaintiff by his attorney, but the defendant Jonathan Jones, although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiff it is ordered by the Court that the petition herein be taken against him as confessed.
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**Viewer Page 416** (rcdbook1858_28_0415.jpg)
> Handwritten Page Number on Record Book: 412
**Laureston R Livingston, William B Copeland, James K Moorehead, Calvin Adams and David McKee. vs 534 Emile F Kraft and Otto Kraft**
On notes.
Now come the plaintiffs, by their attorney, but the defendants although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instruments in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of thirteen hundred and ninety nine dollars and twenty six cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**Benjamin M Runyan vs 467 Francis Buhler and Lorenz Schoffler**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of ten hundred and fifty three dollars and eighty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have thereof execution.
**Citizens Insurance Company of Missouri vs 466 Francis Buhler**
On notes.
Now comes the plaintiff, by its attorney but the defendant although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein, be taken against him as confessed: and the Court finds from the instruments in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of twenty three hundred and twenty three dollars and twenty seven cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and its costs herein expended and have thereof execution.
**Robert K Wright, Thornton Pike and Horace J Smith vs 21 Robert L McGhee**
On note.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of one hundred and ninety three dollars and fifty three cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found and their costs herein expended and have thereof execution.
**John Garrison et al vs 578 William A Bassett and David P Clay**
Default.
Now come the plaintiffs, by their attorney, but the defendant, William A Bassett, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition be taken against him as confessed.
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**Viewer Page 417** (rcdbook1858_28_0416.jpg)
> Handwritten Page Number on Record Book: 413
**James B Hill no 529 Thomas Campbell and George B Michael**
On note
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of nine hundred and fifty seven dollars and eighty four cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Alphonso Price vs Richard Dozier**
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of six hundred and eleven dollars and seventy five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**James McNamara vs 303 Patrick Long**
On note.
Now comes the plaintiff by his attorney, and moves the Court to strike out the demurrer or the defendant filed herein, and the Court having duly heard and considered the said motion and being thereof fully advised, doth order that the same be sustained; and the defendant failing further to plead herein, it is on motion of the plaintiff ordered that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of one hundred and eighty eight. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Samuel S Douglass, James B Gazzam and James E Breading. vs 207 John B Grady and Edward S Boyle**
On Bill of Exchange.
Now comes the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of two hundred and forty three dollars and twenty five cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**Ferdinand Meyer vs 553 John Schiffman and John H Fisher**
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in sum of four hundred and twenty one dollars and twenty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor. Judgment to bear ten percent interest until paid.
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**Viewer Page 418** (rcdbook1858_28_0417.jpg)
> Handwritten Page Number on Record Book: 414
**Mitchell A Mitchell vs 272 Christian Schaffler and John K Fisher**
On note
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, comes not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in sum of three hundred and seventy four dollars and forty four cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found together with his costs herein expended and have execution therefor.
**Seymour Straight vs 273. Christian Schaffler, John K Fisher and Lorenz Schaffler**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in sum of six hundred and nine dollars and six cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have thereof execution.
**Seymour Straight vs 398 Christian Schaffler**
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in sum of three hundred and ninety eight dollars and thirty eight cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid as found and his costs herein expended and have execution therefor.
**Calvin F Burnes vs 397 Christian Schaffler, John K Fisher and Lorenz Schaffler**
On note.
Now comes the plaintiff, in person, but the defendant, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in sum of four hundred and ninety nine dollars and eighty nine cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**James J Kelly vs 204 William Sailsbury**
On note and due bill.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instruments in writing on which this action is founded that the defendant is indebted to the plaintiff in sum of fourteen hundred and six dollars and ten cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid as found and his costs herein expended and have thereof execution.
**James McBristou vs 483 The Pacific Rail Road Co**
On motion of the defendant, by its attorney, until the fifteenth instant is given it to answer herein.
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**Viewer Page 419** (rcdbook1858_28_0418.jpg)
> Handwritten Page Number on Record Book: 415
**Peter T Wright and Charles W Wright vs 22 Robert Phillips**
On note.
Now comes the plaintiffs, by his attorney, but the defendant, although duly summoned and called, comes not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in sum of three hundred and forty two dollars and thirty two cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**Charles Collins, Samuel N Kellogg, Eliab B Kirby, Charles B Kirtland, and Barnard Goldsmith vs 391 Willaim P Fenn**
On note.
Now comes the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of five hundred and nine dollars and seventy eight cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found together with interest thereon at the rate of ten per cent per annum from this date until paid and their costs herein expended and have execution therefor.
**William H Sowers vs 484 Henry G Bilstein and Henry Heinecke**
On note.
Now comes the plaintiffs, by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants is indebted to the plaintiff in the sum of five hundred and ninety eight dollars and forty two cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have thereof execution.
**Vital Jarrot vs 70 Daniel D Page, Henry D Bacon and Thomas Brown**
On note.
Now comes the plaintiff, by their attorney, but the defendants although duly summoned and called, come not but make default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of Seven thousand three hundred and three dollars and five cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and interest thereon at the rate of ten per cent per annum from this date until paid and also his costs herein expended and have execution therefor.
**The Consolidated Insurance Company of Philadelphia vs 343. Ellsworth Miller, John B Mears and George W Scollay**
Default.
Now comes the plaintiff, by its attorney, but John B Mears, and George W Scollay, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed.
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**Viewer Page 420** (rcdbook1858_28_0419.jpg)
> Handwritten Page Number on Record Book: 416
**Joseph L Page vs 468 Andrew A Lebeau and Ezra O English**
On note.
Now comes the plaintiff, by his attorney, but the defendants although duly summoned and called, come not but make default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of five hundred and forty eight dollars and eight six cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor. Thereupon comes the defendant, Ezra O English, and files a motion and affidavit to set aside the judgment by default.
**George W Belt vs 220 Louis A Welton**
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants is indebted to the plaintiff in the sum of five hundred and seventy nine dollars and thirty one cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have thereof execution.
**Thomas Caldwell and Gustavus English vs 99 George M Dowell**
On notes
Now comes the plaintiffs, by his attorney, but the defendant, although duly summoned and called, come not but makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants is indebted to the plaintiffs in the sum of five thousand three hundred and forty two dollars and sixty six cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefor. The plaintiffs by leave with draw the notes sued on and file a copy thereof.
**William Raiguel vs 218 Herman Wiener, Otto Schnuhr and Charles Altinger.**
On note.
Now comes the plaintiffs, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants is indebted to the plaintiff in the sum of five hundred and twenty six dollars and ninety six cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Thomas Green vs 331 George B Field and William Hassinger**
On Notes. Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of three hundred and twenty nine dollars and forty seven cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid as found and his costs herein expended and have execution therefor.
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**Viewer Page 421** (rcdbook1858_28_0420.jpg)
> Handwritten Page Number on Record Book: 417
**Thomas West vs 328 James Rutherford and David**
On note.
Now comes the plaintiff by his attorney, land dismisses this suit as to the defendants Davis, but the defendant, Rutherford, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiff, by his attorney, it is ordered by the Court that the petition herein be taken against him go confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant, James Rutherford, is indebted to the plaintiff in the sum of three hundred and sixty five dollars and fourteen cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor. Judgment to bear interest at the rate of ten per cent per annum until paid.
**William Coleman, James W Hailman, Allen Kramer, Edward Rahm and Frank Rahm vs 159 John D McMurray, Louis Winkelmaier and James Smith**
On note.
Now come the plaintiffs, by their attorneys, but the defendants, although duly summoned and called, come not but make default, wherefore; on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds that the defendants are indebted to plaintiffs on account of the instrument in writing on which action is founded in the sum of eleven hundred and fifteen dollars and six cents. It is therefore considered, by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**Paul Mohr, August Mohr, and William Solomon vs 449 William A Bassett and S P Clay**
Dismissal.
Now comes the plaintiff, by their attorneys, and dismiss this suit at their costs, and it is ordered that execution issue therefor.
**Joseph Koester vs 24 Peter Durand and Nicolai Durand**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; And the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two hundred and thirty seven dollars and fifty cents. It is therefore considered, by the Court that the plaintiff recover of the defendants the sum of aforesaid in form aforesaid as found and interest thereon at the rate of ten per cent per annum form this date until paid and his costs herein expended and have execution therefor.
**Michael Knoedler vs 197 James Spore**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, comes not but make default, wherefore on motion of the plaintiff, by his attorney, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants is indebted to the plaintiff in the sum of nine hundred and twenty three dollars and forty one cents. It is therefore considered, by the Court that the plaintiff recover of the defendants the sum of aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
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**Viewer Page 422** (rcdbook1858_28_0421.jpg)
> Handwritten Page Number on Record Book: 418
**P A Decevce and J S Walker vs 154 Andrew J Morrison**
On note.
Now comes the plaintiffs, and the defendants, by their respective attorneys, and the plaintiffs withdrawn all allegations of fraud contained in the petition and affidavit and the defendant also withdraws the plea in abatement herein, and the parties agree and consent that judgment may be rendered herein in favor of the plaintiffs and against the defendant for the sum of twenty one hundred and sixty dollars and eighty two cents. It is in therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as agreed, upon and their costs herein expended and have execution therefore. The parties consent this judgment bear no interest until the seventeenth day of April next.
**Amasa S Foster vs 200 Emilius F Kraft and Otto Kraft**
On note.
Now come the plaintiffs, by his attorneys, but the defendants, although duly summoned and called, come not but make default, wherefore; on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of four hundred and eighty nine dollars and six cents. It is therefore considered, by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have thereof execution.
**David Davis vs 455 Daniel D Page and Henry D Bacon**
On note.
Now come the plaintiffs, by his attorneys, land dismisses this suit as to the defendant Henry D Bacon, but the defendants, Daniel D Page, although duly summoned and called, comes not but make default, wherefore; on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed and the Court finds from the instrument in writing on which this action is founded that the defendant, Daniel D Page, is indebted to the plaintiff in the sum of seven hundred and seventy three dollars and fifty cents. It is therefore considered, by the Court that the plaintiff recover of the sum aforesaid in form aforesaid as found and his costs herein expended and have thereof execution.
**Andrew Christy vs 53 William Fulton**
On Due Bill.
Now come the plaintiffs, by his attorneys, but the defendants, although duly summoned and called, comes not but make default, wherefore; on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants is indebted to the plaintiff in the sum of three hundred and seventy seven dollars and twenty four cents. It is therefore considered, by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Levi Reynolds vs 65 Daniel D Page and Henry D Bacon**
On note. Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, comes not but make default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants one plaintiffs in the sum of four hundred and sixty nine dollars and fifty six cents. It is therefore considered, by the Court that the plaintiff recover of the defendants the sum of aforesaid inform aforesaid as found and also his costs herein expended and have execution therefor.
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**Viewer Page 423** (rcdbook1858_28_0422.jpg)
> Handwritten Page Number on Record Book: 419
**Charles B Fallenstein and Charles W Gauss vs 171 John B Grady and Edward Boyle**
On note.
Now come the plaintiffs, by their attorneys, but the defendants, although duly summoned and called, come not but make default, wherefore; on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of two hundred and forty dollars and thirteen cents. It is therefore considered, by the Court that the plaintiffs recover of the defendants the sum aforesaid inform aforesaid as found and their costs herein expended and have thereof execution therefor.
**Andrew Campbell and Willett Seaman Jr vs 35 Joseph A Eddy**
On note.
Now come the plaintiffs, by their attorneys, but the defendants, although duly summoned and called, come not but makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants is indebted to the plaintiff in the sum of Eight hundred and eighty nine dollars. It is therefore considered, by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**Calvin F Burns vs 475 Ezra O English John Burns and Jacob Johann**
On note.
Now comes the plaintiffs, by his attorneys, but the defendants, although duly summoned and called, come not but make default, wherefore; on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of seven hundred and thirteen dollars. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**J Henry Jones, Alexander M Wallingford, Alexander Nimick and William K Nimick vs 473 H G Bilstein and Henry Heinecke**
On note.
Now come the plaintiffs, by their attorneys, but the defendants, although duly summoned and called, come not but make default, wherefore; on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of three hundred and forty dollars and ten cents. It is therefore considered, by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**John McNeil and John B Gray vs 302 George Simzer, John W Smizer and George Smizer Jr**
On note.
Now come the plaintiffs, by their attorneys, and dismiss this suit as to the defendant George Smizer, Jr, but the defendants, George Smizer, Jr, and John W Smizer, although duly summoned and called, come not but make default, wherefore; on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed and the Court finds from the
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**Viewer Page 424** (rcdbook1858_28_0423.jpg)
> Handwritten Page Number on Record Book: 420
instrument in writing on which this action is founded that the defendant, are indebted to the plaintiff in the sum of one hundred and twenty seven dollars and seventy six cents. It is therefore considered, by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found together with interest therein at the rate of ten percent per annum from this date until pain and also their costs herein expended and have thereof execution.
**John W Davis vs 339 Miles G Moils and Henry M Woodward**
On Bill of Exchange.
Now come the plaintiffs, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore; on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two hundred and six dollars and thirty four cents. It is therefore considered, by the Court that the plaintiffs recover of the defendants the sum aforesaid inform aforesaid as found and his herein expended and have execution therefor.
**Bridget Noonan vs 32 James H Haydon and Eulalie H Haydon**
On note.
Now comes the plaintiffs, by his attorneys, but the defendants, although duly summoned and called, come not but make default, wherefore; on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two hundred and one dollars and seventy five cents. It is therefore considered, by the Court that the plaintiffs recover of the defendants the sum aforesaid inform aforesaid as found together with interest there on at the rate to ten per cent per annum from this date until paid and his costs herein expended and have execution therefor.
**Gustavus Bauermann vs 167 James Boultinghouse**
The plaintiff having failed to files interrogatories against C S Haydon, summoned as garnishee herein it is ordered that he be discharged hence as such.
**The United State Insurance Company vs 325 Joseph B Holland, James C Carson, Nicholas Springer, and Thomas M Wannall**
Default.
Now comes the plaintiffs, by his attorneys, but the defendants, although duly summoned and called, come not but make default, wherefore; on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed.
**Henry F Given et al vs John B S Lemoine**
Depositions for defendants opened and filed.
**David C Peacock vs 305 Cornelius D Sullivan et al**
Depositions for plaintiff opened and filed.
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**Viewer Page 425** (rcdbook1858_28_0424.jpg)
> Handwritten Page Number on Record Book: 421
**George W Lynch vs Freeman Little**
Replication filed.
**Phoebe J Allen vs Wm. Allen**
Demurer filed.
**Norman Cutter vs William Waddingham**
Motion for an order bringing in parties defendants filed.
**The State of Missouri vs 827 Stephen H Houser**
Murder in the first degree.
Now again come as well the parties as aforesaid to also the Jurors aforesaid and therefore the trial of the cause progressed but the same not being concluded at the hour of adjournment, it is ordered by the Court that further proceedings herein be deferred until the meeting of the Court to morrow morning.
Court met pursuant to adjournment. Present as before.
James S Thomas who is personally known to the Court, comes and in open Court acknowledges the execution by him of a deed of emancipation to James Neil, his negro slave of black complexion, aged about thirty six and about five first nine inches in height.
**George Burklin vs 371 Hienrich Bornstein et al**
Motion for security for costs filed.
**James S Mason et al vs Robert B Clarke garns of A J Morrison**
Answer filed.
**James S Mason et al vs Matthew B Chappell garns of A J Morrison**
Answer filed.
**Peter D Mueller vs David C Tandy garns of R M Eldowny**
Answer filed.
**James S Mason et al vs William J Gaskell garns of A J Morrison**
Answer filed.
**The Callaway mining and Manufacturing Company vs 393 George W Clarke et al**
Motion for security for costs filed.
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**Viewer Page 426** (rcdbook1858_28_0425.jpg)
> Handwritten Page Number on Record Book: 422
**James K Fisher vs R J Tunstall**
Deposition for plaintiff opened and filed.
**Jerome R Ward vs 536 Nyllys King et al**
The defendants Nyllys King, Geo P King, W A Doan, and Charles E King, file an answer herein.
**Stephen Haskell et al vs Samuel M Breckinridge and John Y Page garns of P A Champion**
The garnishees file an answer herein.
**Jacob Rhodes vs 388 William G Webb**
The plaintiff files a bond for security for coasts, with George Bailey as security. Demurrer filed.
**Martin Boyse vs 497 James Moore et al**
The defendants Daniel M Frost and Eliza G Frost withdraw their answer filed herein by consent file an amended answer.
**Peter Wiles et al vs 130 Rudolph Bircher**
On motion until the fourteenth instant is given to plead herein.
**William T Hazard vs 258 Lyman Scott et al**
Ordered that a dedimus issue to Illinois for the plaintiff.
**State use of Jackson's trustee vs 234 Chester W Pomeroy et al**
Ordered that a dedimus issue to Ohio for defendants.
**Thomas J Kinsey vs 523. Frederick Meyer, Mortz Meyer, Manning R Roll and H Wernicke**
Dismissal.
Now comes the plaintiff by the attorney, and dismisses this suit as to the defendants, Manning R Roll and H Nernicke.
**William H Card et al vs 152 Richard S Raymond and William O Wolf**
Default.
Now come the plaintiffs, by their attorney, but the defendant, William O Wolf, although duly summoned and called, comes not but make default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him against him as confessed: it is further ordered that an alias summons issue herein for the defendant Richard S Raymond.
**Providence Toll Co. vs 67 Miles G Moiss**
Answer filed.
**Providence Toll Co. vs 540 Miles G Moiss**
Answer filed.
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**Viewer Page 427** (rcdbook1858_28_0426.jpg)
> Handwritten Page Number on Record Book: 423
**Edward P Jesson vs 368 The Terre Haute Alton and St Louis Rail Road Company**
Plea in abatement filed.
**George W Brackett vs 369 The Terre Haute Alton and St Louis Rail Road Company**
Plea in abatement filed.
**State use of Lamblin vs 18 Thomas H McNicker et al**
Demurrer filed.
**Daniel M Wolf. 42 Wm M Flaherty**
Answer filed.
**Catherine A Noonan vs 205 John H Tighe et al**
Answer and Exhibit filed.
**J C Stewart vs 177 Margaret Casey**
The defendant files a motion for security for costs.
**Francis McFaul et al vs John H Tighe**
Answer and set off filed.
**James S Mason et al vs 89 James H Morrison garns of A J Morrison**
Answer filed.
**John Riordan vs Ohio and Mississippi Rail Road Company**
Answer filed.
**John Dietz vs 241 Mound City Mutual Fire and Marine Ins Co of St Louis**
The defendants files an answer herein.
**James Woods, William T Christy Robert K Woods, William T Gentry, and Andrew Woods vs 300 Joseph G Shands and Clarissa Shands**
On note.
Now come the plaintiffs, by their attorneys, but the defendants, although duly summoned and called come not but make default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of one hundred of one hundred and six dollars fifty five cents. It is therefore considered by, the Court that the plaintiffs recover of the defendants the sum aforesaid inform aforesaid as found and their costs herein expended and have execution therefor.
**The Terre Haute, Alton and St Louis Rail Road Company vs 514 Abraham A Van Wormer**
Dismissal.
Now comes the plaintiffs, by his attorneys, and on his 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 428** (rcdbook1858_28_0427.jpg)
> Handwritten Page Number on Record Book: 424
**Franklin M Bosswell vs 353. George Taylor Jr**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but makes default, wherefore; on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed and the Court finds from the instrument in writing on which this action is founded that the defendants is indebted to the plaintiff in the sum of fifty eight dollars twenty four cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid inform aforesaid as found and his costs herein expended and have execution therefor.
**John Duffy vs The Saint Louis and Iron Mountain Rail Road Company**
On note. Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but makes default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against it as confessed and the Court finds from the instrument in writing on which this action is founded that the defendants is indebted to the plaintiff in the sum of three hundred and ten dollars fifty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid inform aforesaid as found and his costs herein expended and have execution therefor.
**Jackson Benson vs 262 John M Wimer**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants is indebted to the plaintiff in the sum of two hundred and forty seven dollars eleven cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Ferdinand Meyer et al vs The St Louis and Iron Mountain Rail road Company and John Bop**
John Bass, one of the defendants, files an acknowledgment of service of writ and petition in this cause.
**William N Loker vs Arthur T Hollister**
Satisfaction.
Now at this day comes the plaintiff, in person, and acknowledges to have received full and entire satisfaction of the judgment rendered in this cause on the twenty fifth day of may eighteen hundred and fifty eight.
**Ferdinand Meyer and Adolph G Braun vs 554 Michael Huthmacker**
Dismissal.
Now at this day come the plaintiffs, by their attorney, and on their motion 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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**Viewer Page 429** (rcdbook1858_28_0428.jpg)
> Handwritten Page Number on Record Book: 425
**The State of Missouri vs 827 Stephen H Houser**
Murder in the first degree.
Now again come as well the parties as aforesaid as also the Jurors aforesaid and thereupon the trial of the cause progressed but the same not being concluded at the hour of adjournment it is ordered by the Court that further proceedings herein be defend until the meeting of the Court tomorrow morning.
Court met pursuant to adjournment. Present as before.
Michael S Cure, Sheriff of St Louis County, comes into Court and acknowledges the execution of a deed by him as such Sheriff in favor of John J Anderson, Reuben L Anderson and Erastus H Gaylord for all the right, title, interest, claim, estate, and property of Joseph A Barrett and Mary L Barrett of in and to the following described real estate, in said Deed described as follows, to wit: a certain tract of land situate lying and being in the County of Saint Louis, State of Missouri of which the following is a description, vig: beginning at a state, being MacKays old South west corner, on the East bank of Mulberry Fork, and running thence (as the magnetic needle now points) North twenty nine degrees, East five chains and six links to an elm; thence North Seventy three degrees, East eight chains and eighty six links to an ash on the bank; thence North fifty degrees, East seven chains and eighty six links to a state; thence North fifty degrees West nine chains and nine links to a state; thence North twenty nine degrees, East fifty four chains and seventy eight links to a stake in the road; thence North by one degree West one chain and ninety six links to a Hickory; thence North seven degrees West along the subdivision line of Section eight, township forty four, North range, six East of the fifth principal meridian twenty chains and nineteen links to the supposed centre of said section; thence North eighty three degrees, East twenty five chains and twelve links to stone; thence South seven, degrees East fifteen chains and ninety links, alone the line of R Wells lot to a stone corner, thence South six degrees East twenty four chains and three links to the corner of sections Eight, nine, Sixteen and seventeen; thence West five chains, and thirty one links to a stone; thence South thirty degrees, West twenty five chains and three links to a stone; thence sixty three degrees, West seven chains and fifty two links; thence South forty degrees, West fifty six chains and seventy one links to the beginning, containing three hundred and eighty 76/100 acres, more of less: Sold under and by virtue of an Execution issued from the Office of the clerk of the St Louis Circuit Court in favor of John J Anderson, Reuben L Anderson, and Erastus H Gaylord and against Joseph A Barrett, Mary F Barrett, Anapias Rice and George Smizer returnable to the February Term A D 1859.
**Conrad Elliott vs 374 Geo W Manning et al**
Answer filed.
**Farmers Bank of Orwell vs 209 W Taylor Adam**
Answer filed
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**Viewer Page 430** (rcdbook1858_28_0429.jpg)
> Handwritten Page Number on Record Book: 426
Michael S Cerre, Sheriff of St Louis Country, comes into Court and acknowledges the execution of a deed by him as Sheriff in favor of Melvin L Gray for all the right, title, interest, claim, estate and property of Edwin R Mason in and to the following described real estate, to wit: the North half of block number one hundred and ninety nine fronting on the West side of Main street one hundred feet, and on Rutger street three hundred and fifty feet, more or less. North by Rutger street, West by block number two hundred, South by Public School Lands and lots four five and six in block number one in Parks addition to the City of St Louis bounded East by seventh street, North by lot seven, West by alley and South by lot three; with the buildings and improvements thereon. Sold by virtue of two Executions one of which issued from the Office of the Clerk of the St Louis Court of Common Pleas and the other from the office of the Clerk, of the Supreme Court of the State of Missouri both in favor of William Johnson and against Josiah Dent and Edwin R Mason and returnable to the March Term, 1859, of said Courts.
Michael S Cerre, Sheriff of St Louis Country, in open Court and acknowledges the execution of a deed by him as such Sheriff in favor of Peter Foster for all the right, title, interest, claim, estate and property of Edwin R Mason of in and to the following described real estate, to wit: lots fifteen, sixteen, seventeen and eighteen in block number one in park addition, East fronting twenty five feet on the West line of Eighth street, running thence Eastwardly one hundred, and twenty feet to an alley; bounded West by Eighth street, East by an alley, North by lot fourteen and South by lot nineteen. Lot in block number three in said Park addition fronting one hundred and twenty five feet on the East side of Ninth street, and running thence Eastwardly one hundred and twenty feet to an alley, bounded Westwardly by Ninth street, South wardly and West wardly by an abley, and Northwardly, by a line parallel to, and fifty five feet and three and a half inches South of Rutger street. Block number eight hundred and eighty two fronting on the West side of main street two hundred and fifty feet, and South side of Lafayette street three hundred and fifty feet, more or less, and bounded on the East by Main street, North by Lafayette street, West by Kosciusko street and South by Lesperance street: Sold by virtue of two executions one of which issued from the office of the Clerk of the St Louis Court of Common Pleas and the other from the office of the Clerk of the Supreme Court of the state of Missouri both in favor of William Johnson and against Josiah Dent and Edwin R Mason returnable to the March term 1859 of said Courts.
Michael S Cerre, Sheriff of St Louis Country, in open Court acknowledges the execution of a deed by him as such Sheriff in favor of Charles L Rogers for all the right, title, interest, claim, estate and property of Emil Rebham Milo of in and to the following described real estate, to wit: Leasehold estate in the City of St Louis, being the rear of two certain lots of ground situated on the North West corner of Seventh and Spruce streets fronting about eighty feet on Seventh street and about one hundred and twenty seven and a half feet on Spruce street, the portion of the above described property in which Emil Rebham Milo has an interest is more particularly described as fronting about thirty nine feet on Spruce street by a depth of Eighty feet; and three story brick tavern situated thereon: Sold under and by virtue of an Execution issued from the Office of the Clerk of the St Louis Court of Common Pleas in favor of James A Rogers and Charles L Rogers and against Emil Rebham Milo, returnable to the March term eighteen hundred and fifty nine of said Court of Common Pleas.
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**Viewer Page 431** (rcdbook1858_28_0430.jpg)
> Handwritten Page Number on Record Book: 427
Michael S Cerre, Sheriff of St Louis Country, in open Court acknowledges the execution of a deed by him as such Sheriff in favor of Michael Dieffenbach for all the right, title, interest, claim, estate and property of A William Streit of and to the following described real estate, to wit; a lot in block No 710, of the City of St Louis, 150 feet front on Jackson street by 140 feet deep, being lots No 1 to 5, included in Block no 41, E, of Soulard's first addition to the City of St Louis, bounded on the South by Lafayette Avenue, on the North by lot No 6, of said block 41, E, on the East by Jackson street, and on the West by an alley, 2d. Also a lot 30 feet front on Buel street by 114 feet in depth being lot No 8 in block No 114 of soulards third addition to the City of St Louis. 3d. Also a lot in block No 717 of the City of St Louis, 20 feet front of Jackson street by 140 feet in depth, being lot no 5 in block no 54 of Soulards first addition to the City of St Louis, bounded West by Jackson, East by alley, North by lot No 6, South by lot No 4. 4th. Also a lot in block 706 of the City of St Louis, having a front on Columbus street of 30 feet front by a depth of 140 feet being lot No 7 in block 34 of Soulards first addition to the City of St Louis, bounded North by lot No 8, South lot No 6, West by Columbus street and East by alley. 5th. Also a lot in block 693 of the City of St Louis having a front of fifty feet on Columbus street by a depth of 140 feet being lot No 8 of block No 12 of Soulards first addition to the City of St Louis, bounded East by Columbus street, South by lot 7, West by alley; Sold under and by virtue of eleven executing four of which issued from the office of the Clerk of the St Louis Court of Common Pecos, returnable to the March term 1859 of said Court one in favor of John H Morse and Henry P Bates, one in favor of David Rokohl and James Kinkead one in favor of Samuel C Davis, Henry T Tomlinson, Mathew Moody, Nathan W Perkins and Charles B Sawyer all against William Street; one in favor of the Pacific Insurance Company against William Street and Michael Diffenbach, seven issued from the Office of the Clerk of the St Louis Circuit Court returnable to the February term, 1859, of said Court, two in favor of Samuel McCartney Thomas V Strode, and Andet L Lacroise, both against A William Street and Andreas Reinstadtler, one in favor of the Mutual Savings Institution against A William Street Michael Dieffenbach and John Kellner, one in favor of The First Ward Savings Institution against A William Street and John C Degenhardt, one in favor of John D Daggett against William Street, Michael Dieffenbach and Casper Schmetter, one in favor of Francis Cornel, one in favor of Louis J Rankin both against William Street.
Michael S Cerre, Sheriff of St Louis County, comes into Court, and acknowledges the execution of a deed by him as Such Sheriff in favor of Augustus H Evans for all the right, title interest, claim, estate and property of Edwin R Mason of in and to the following described real estate to wit: block number eight hundred and eighty one fronting on the West side of Main street two hundred and fifty feet and on Soulard street three hundred and fifty feet more or less, and bounded on the East by Main street, North by Soulard street, West by Kosciusko street and South by Lafayette. Block eight hundred and eighty fronting on the West side of Main Street two hundred and fifty feet, and on Carroll three hundred and fifty feet more or less, and bounded on the East by, Main street, and on the North by Carroll street and on the West by Kosciusko street and on the South by Soulard street. Block number eight hundred and seventy six fronting on the West side of main street two hundred and fifty feet, and on Marion street three hundred and fifty feet more or less and bounded on the East by Main street, North by Marion street, West by Kosciusko street and on the South by Carroll street. Block number eight hundred and seventy.
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**Viewer Page 432** (rcdbook1858_28_0431.jpg)
> Handwritten Page Number on Record Book: 428
five fronting on the West said of Main Street two hundred and fifty feet more or less, and bounded on the East by Main street, North by Barry street, West by Kosciusko street South by Marion street. Block number eight hundred and seventy four fronting on the West side of Main street two hundred and fifty feet, and on Miller street three hundred and fifty feet more or less; and bounded on the East by Main street, North by Miller street, West by Kosciusko street and on the South by Barry street. Block number eight hundred and seventy three fronting on the West side of Main street two hundred and fifty feet, and on Park avenue two hundred and fifty feet more or less; and bounded on the East by Main Street, North by Park avenue, West by Kosciusko street and Public School lands, and on the South by Miller street. Lots two and three in block number one in Park addition to the City of St Louis, bounded East by Seventh street, North by lot four, West by alley and South by lot one; with the buildings and improvements thereon: Sold by virtue of two executions, one issued from the office of the Clerk of St Louis Court of Common Pleas, and the other issued from the office of the Clerk of the Supreme Court of the State of Missouri, both returnable to the March term 1859 of said Courts in favor of William Johnson and against Josiah Dent and Edwin R Mason.
Michael S Cerre, Sheriff of St Louis Country, in open Court, acknowledges the execution of a deed by him as such Sheriff in favor of Henry L Patterson for all the right, title, interest, claim, estate, and property of Charles L Hunt of in and to the following described real estate, to wit; a certain lot of ground, with all the improvements thereon, situated in the County of St Louis, City of St Louis and State of Missouri and in block no eighty nine (89) of said City containing a front and rear of twenty five feet more or less, by one hundred and fifty feet deep, more or less, extending from Fourth street Eastwardly to an alley in said block and bounded West by fourth street, East by said alley, South by a line parallel to Locust street, and about seventy seven feet North ward thereof, the same being the Northern line of the lot belonging to James St Lucas, and North by a line parallel to said Locust street and about one hundred and two feet North ward thereof, the same being the Southern line of the lot conveyed by Ann L Hunt to Julia M Turner, trustee; Sold under fifteen executions, ten of which issued from the Office of the Clerk of the St Louis Circuit Court, returnable to the February Tern 1859 of said Court, five from the office of the Clerk of the St Louis Court of Common Pleas returnable to the March term 1859, of said Court, one in favor of Thomas S McNair, one in favor of George G Presbury & Co both against Charles L Hunt; one in favor of William C Jameson, one in favor of Alton Long, against John Larger and Charles L Hunt; one in favor of Edward Hasse, one in favor of Almont Thompson, one in favor of Claim F Burnes, one in favor of Fidelis C Sharpe all against Charles L Hunt and William M Cooke, one in favor of John J Donnegan, one in favor of John C Ivory, one in favor of Charles Chester Ford, one in favor of George B Murray, one in favor of Charlotte Lay, one in favor of Christopher C McClure, one in favor of George B Sanderson, all against William P Fenn and Charles L Hunt.
Michael S Cerre, Sheriff of St Louis County, in open Court, acknowledges the execution of a deed by him as such sheriff in favor of Henry N Hart for all the right, title, interest, claim, estate, and property of Jacob Reinhart in and to the following described real estate, to wit; Lots no 7, 8, 9, 10, 11 and 12 in block No 2 of St Ange addition to the City of St Louis, said lots containing together a front of 162 feet four inches on Third street, by a depth Westwardly of 122 feet six inches and being bounded on the North by Bryan street, on the West by an alley, on the South by property of chambers and on the East by said Third street, being the same lots acquired by said Reinhardt of
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**Viewer Page 433** (rcdbook1858_28_0432.jpg)
> Handwritten Page Number on Record Book: 429
Felix Coste, by deed recorded in book R No 6 page 514: Also the following leasehold estate, to wit; Lot No 1 in block No 68 in Julia C Soulards second addition to the City of St Louis, said lot having a front of 30 feet on the West side of Carondelet Avenue, and running Westwardly with same width 140 feet to a twenty foot alley. Also the Western part of lot No 2 in said block, which Western part contains a front of thirty feet on the East side of said twenty foot alley, and extends Eastward by from said alley with the same width 63 feet, being the same acquired by said Reinhardt of Benjamin A Soulard and wife by lease recorded in book L No 6 page 350. Also lot 3 in said block No 68 in said Julia C Soulards second addition to the City of St Louis being 30 feet front on the Western side of Carondelet avenue and running in depth Westwardly one hundred and forty feet to said twenty foot alley, acquired by said Reinhardt of Benjamin A Soulard and wife by lease recorded in book no 151 page 143 together with the buildings and improvements on side leasehold premises; and all the night, title, interest, claim estate and property of the said Jacob Reinhardt, of in and to the above described real estate and leasehold estate, and of in and to the terms of years of said Reinhardt yet to come and unexpired in said leasehold property; Sold under an alias execution issued from the office of the Clerk of the St Louis Land Court in for of Anton Jaeger and against Jacob Reinhardt returnable to the March term, 1859, of said Court.
**Louis P James et al vs 293. Samuel Frederick et al**
Demurrer filed.
**Percival S Droun et al vs 311 Francis Lancaster Sr**
Answer filed
**Samuel Hager vs 193. Allen Brown**
On motion of the defendant, by his attorney, the time for answering herein is extended ten days.
**Samuel Hager vs 268 J Richard Barrett et al**
On motion the time for answering herein is extended ten days.
**John Fitzgerald vs 176 Simon O Connell**
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 therefore.
**John Fitzgerald vs 179 Simon O Connell and John Kennedy**
Dismissal.
By consent of parties it is ordered by the Court that this cause be dismissed at the costs of the defendants and that execution issue therefore.
**State of Missouri use of John Decker vs D'Oench et al**
Bill of Exceptions filed.
**The State of Missouri to the use of Seymour Voullaire trustee of W Hurd vs William H Fasker et al**
Bill of Exceptions filed.
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**Viewer Page 434** (rcdbook1858_28_0433.jpg)
> Handwritten Page Number on Record Book: 430
**Henry Schlef vs 431 John H Jebbe and Dorothea Lubbering**
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.
**Fleming Bates vs Adolphus Dentelmoser garns of John Valentine et al**
The said garnishee files an answer to the first, second, and third interrogatories and also a motion to strike fourth, fifth and sixth interrogatories.
**George P Fein vs Adolphus Dentelmoser garns of John Valentine et al**
Answer filed.
**George W Brackett vs Chas E Maurice & Geo T Camp garns of John Valentine et al**
Answer filed
**Mathias Mentrup vs 580 The Peoples Savings Institution**
On motion the time for answering herein is extended eight days.
**Jane Doyle vs John Doyle**
Demurrer filed.
**Elizah G Tuttle vs John Brooks et al**
Demurrer filed.
**Edward P Jesson vs Charles E Maurice & Geo T Camp garns of Terre Haute Alton & St Louis R R Co**
The said garnishees file an answer to the interrogatories herein.
**Edward P Jesson vs Erastus H Gaylord garns of Terre Haute Alton and St Louis Rail Road Company**
The said garnishee files an answer herein.
**George W Brackett vs Erastus H Gaylord garns of Terre Haute Alton and St Louis Rail Road Company**
The said garnishee files an answer herein.
**Franz J Schilling use &c vs Albert Feger**
On motion the time for answering herein is extended six days.
**Joshua B Brant et al vs George W Manning**
The time for answering herein is extended six days.
**Joseph Schnaider vs 421 Andreas Knehler et al**
The time for answering herein is extended six days.
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**Viewer Page 435** (rcdbook1858_28_0434.jpg)
> Handwritten Page Number on Record Book: 431
**Zachariah W Tinker et al vs 583. Anton Jaeger**
The time for answering herein is extended six days.
**John Brooks vs 501 George T Brady et al**
Two weeks time is given to answer herein. Motion for security for costs filed.
**John Brooks vs 502 George T Brady**
Two weeks time is given to answer herein. Motion for security for costs filed.
**Aemilurs K Sayre vs 15 William C Wagley et al**
By leave of Court the defendants file a plea in abatement herein.
**Thomas Best et al vs 145 William Grassmuck et al**
Answer of P Grassmuck filed.
**Linus Jackson vs The Boatmans Savings Inst garns of Sherwood**
The plaintiff files interrogatories herein against the said garnishee.
**James F Small et al vs 133. Z Moore**
The plaintiffs having failed to file interrogatories against Joseph Summers and C J Caffrey, summoned as garnishees, it is, on motion of their attorney ordered that they be discharged hence as such. Service of summons as garnishee on Summers filed.
**George Burklin vs 372 Adalbert Lochr et al**
Motion for security for costs filed.
**Samuel N Holliday Admr of Mason Converse vs 348 Phebe Bassett**
Proof of Publication.
Now comes the plaintiff and files proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
**James J Kelly vs Thomas L Salisburry garns of Wm Salisburry**
The said garnishee files an answer herein.
**Vincent Boisanbin vs 73 William G Miller et al**
On motion, the time for answering herein is extended two weeks.
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**Viewer Page 436** (rcdbook1858_28_0435.jpg)
> Handwritten Page Number on Record Book: 432
**State of Missouri use of John Stoddard et al vs 357 Michael S Cerre et al**
On motion of the defendants, by their attorney until the twenty second instant is given to answer.
**State of Missouri use of Jas H Morrison et al vs 358 Michael S Cerre et al**
On motion of the defendants, by their attorney, until the twenty second instant is given to answer herein.
**State of Missouri use of David M Smith et al vs 426 Michael S Cerre et al**
On motion of the defendants, by their attorney until the twenty second instant is given to answer herein
**State of Missouri use of Edward Hogg vs 423 Michael S Cerre et al**
On motion of the defendants, by their attorney, until the twenty second instant is given to answer herein.
**State of Missouri use of Robert B Clark et al vs 424 Michael S Cerre et al**
On motion of the defendants, by their attorney, until the twenty second instant is given to answer herein.
**State use of William L Weller vs 425 Michael S Cerre et al**
On motion of the defendants, by their attorney, until the twenty second instant is given to answer herein.
**State of Missouri use of Same Brooks vs 429 Michael S Cerre et al**
On motion of the defendants by their attorney, until the twenty second instant is given to answer herein.
**State of Missouri use of A J Stevenson et al vs 519 Michael S Cerre et al**
On motion of the defendants, by their attorney, until the twenty second is given to answer herein.
**John Lyon et al vs James H McGinnis garns of Ledlie and Ulam**
Answer filed.
**John Lyon et al vs Rose A Masterson garns of Ledlie and Ulam**
Answer filed.
**John J Haley et al vs Frederick Spies garns of Francis Hofelman**
Answer filed.
**John Trendley et al vs Jno W Glasford garns of Terre Haute Alton & St Louis Raid Road Co**
Answer filed.
**Conrad Elliott vs 374 Woodford W McLamant et al**
Motion for security for costs filed.
**Independence Mining Company vs Albert H Koch**
Motion for security for costs filed.
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**Viewer Page 437** (rcdbook1858_28_0436.jpg)
> Handwritten Page Number on Record Book: 433
**Samuel Kirkman and John W Luke vs Henry Singleton garnishee of Samuel K Hall**
The plaintiffs having failed to file interrogatories against the said garnishee it is on his motion by his attorney, it is ordered that he be discharged hence at the costs of said plaintiff, and that execution issue therefore. Five dollars allowed garnishee for appearing herein.
**Cleander Mighells et al vs 28 Lorenzo D Jones**
Leave is given the Sheriff to amend the execution issued herein being no 201 returnable to the February Term 1859 of this Court, which amendment is made at the foot of the first return on said execution.
**John Hager, William Hager and Henry Hager vs 572 Charles W Woodworth**
On note.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of two hundred and sixty eight dollars and fifty five cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid inform aforesaid as found together with interest thereon at the rate of ten per cent per annum from this date until paid and their costs herein expended and have thereof execution.
**George Burklin vs 373. James L Faucett**
Answer filed.
**James Campbell et al vs 242 Thomas M Wolf et al**
Answer filed.
**George W Thatcher vs 144 Solomon Smith et al**
On motion of the defendants, Solomon Smith and Hiram Crittenden, by their attorney, until the Sixteenth instant is given them to answer herein.
**George W Burrowes vs 404 Louis A Welton et al**
The defendant, Sass, files an answer herein.
**Peravial Platt vs 10 William Bevard**
Motion to strike out third amended petition.
**James F Glenn vs 38 Wm. E Saltmarsh et al**
Supplemental answer of William E Saltmarsh and Eliza A Raymond filed.
**J W Skinner vs 511 Charles Holmes et al**
Answer filed.
**Z W Tinker et al vs 583 Anton Jaeger**
Answer filed.
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**Viewer Page 438** (rcdbook1858_28_0437.jpg)
> Handwritten Page Number on Record Book: 434
**Walter T H Miller and Solomon Scott vs 110 Callaway Mining and Manufacturing Company**
On Draft.
Now come the plaintiffs, by their attorney, but the defendant although duly summoned and called comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against it as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of seven hundred and sixteen dollars and forty two cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid as found and their costs herein expended and have execution therefore.
**Robert A Pearis vs 506 Richard Dozier**
On note.
Now comes the plaintiffs, by his attorney, but the defendant although duly summoned and called comes not but makes default, wherefore on motion of the plaintiffs, by his attorney it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of fifteen hundred and ninety seven dollars and fifty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid inform aforesaid as found together with interest thereon at the rate of ten per cent per annum form this date until paid and his costs herein expended and have execution therefore.
**Thomas Campbell vs 520 Robert Knox**
On note.
Now comes the plaintiffs, by his attorney, but the defendant although duly summoned and called comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of three hundred and forty three dollars and eighty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid inform aforesaid as found together with interest thereon at the rate of ten per cent per annum form this date until paid and his costs herein expended and have execution therefore.
**Walker R Carter and Joseph H Conn vs 443 Michael Adami**
On note.
Now come the plaintiffs, by their attorney, but the defendant although duly summoned and called comes not but makes default, wherefore on motion of the plaintiffs, by their attorney, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of two hundred and twenty dollars and forty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found their costs herein expended and have execution therefore.
**Melvin L Gray vs 522 Edward M Avery**
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. The plaintiff by leave of Court withdraws the note sued on.
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**Viewer Page 439** (rcdbook1858_28_0438.jpg)
> Handwritten Page Number on Record Book: 435
**P H Buren vs 271 John Nichols and Philip Pipkin**
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Philip Pipkin, but the defendant, John Nichols, although duly summoned and called, comes not but makes default, wherefore, on motion of the said plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of three hundred and fifteen dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found together with interest thereon at the rate of ten per cent per annum from this date until paid, and his costs herein expended and have therefore execution.
**William H Parkinson vs 366 Henry S Eaton et al**
Answer filed.
**John T Parkinson vs 367 Henry S Eaton et al**
Answer filed.
**Alexander B Davidson vs William Hubbard garnishee of Joseph Kohn**
Answer filed.
**Alexander B Davidson vs 659, E G Payne garnishee of Joseph Kohn**
Answer filed.
**Michael Murphy vs Wm Rechtner garns of Campbell**
Answer filed.
**State use of A F Reller vs 2 George W Manning**
Answer filed.
**George Weinhagen et al vs 561 Louis Steller**
The defendant files an answer and setoff.
**Peter Rasweiler vs Philip Seiler**
The defendant files a motion for security for costs and also an answer herein.
**Anne L Hunt vs 3 Wm H Scanlan, Philip Scanlan, Chas S Abbott, & L D Williams**
Petition for Injunction.
Now come the parties, by their counselors learned in the law, on both sides, and submit the application for an injunction herein restraining the defendants from making any changes or alterations in the building and from committing any waste or trespass in the premises in the petition described, to the Court, and the Court having duly heard and considered the same, and the arguments of counsel aforesaid learned in the law, doth overrule the said application.
**Edward P Jesson vs 597 Joseph Widen garnishee of The Terre Haute Alton and St Louis Rail road Company**
The plaintiff having failed to file interrogatories against the said garnishee Widen, it is on motion of F C Sharp, his attorney, ordered that he be discharged hence at the costs of said plaintiff and that execution issue therefore. Five dollars allowed said garnishee for appearing herein.
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**Viewer Page 440** (rcdbook1858_28_0439.jpg)
> Handwritten Page Number on Record Book: 436
**George W Brackett vs 598 Joseph Widen garnishee of Terre Haute Alton and St Louis Rail Road Company**
The plaintiff having failed to file interrogatories against the said garnishee, Widen, it is on motion of F C Sharp, his attorney ordered that he be discharged hence as such at the costs said plaintiff and that execution issue therefore. Five dollars allowed said garnishee.
**John Trendley et al vs 62 St Louis Alton and Terre Haute Rail Road Company**
The plaintiffs having failed to file interrogatories against the garnishees N Wall and Joseph Widen, it is on motion of F C Sharp their attorney, ordered that they be discharge hence at the costs of said plaintiffs and that execution issue therefore. Five dollars allowed each garnishee above named.
**The State of Missouri vs Stephen N Houser**
Murder in the first degree.
Now come again as well the parties as aforesaid as also the Jurors aforesaid, and thereupon the trial of this cause progressed but the same not being finished at the hour of adjournment further proceedings herein are deferred until the meeting of the Court on Monday Morning.
Court met pursuant to adjournment. Present as before.
**Taunton Locomotive Manufacturing Company vs Terre Haute Alton St Louis Rail Road Co**
Depositions for plaintiff opened and filed.
**Providence Tool Company vs 570 Miles G Moies**
Motion to strike our answer filed.
**Mary C Leonard vs 51 Algernon S Leonard**
Default.
Now comes the plaintiff, by her attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the said plaintiff it is ordered by the Court that the petition herein be taken against him as confessed.
**Henry J Given et al vs John B S Lemoine**
On motion of the defendant, by his attorney, one month time is given him to answer or plead herein.
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**Viewer Page 441** (rcdbook1858_28_0440.jpg)
> Handwritten Page Number on Record Book: 437
**William A Mead, Henry C Mead and Benjamin W Mead vs 46 Thomas Wine, Alex C Wetherill and Robert Major**
On Bill of Exchange.
Now come the plaintiffs, by their attorney, but the defendants, although duly summoned and called, come not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument him writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of three hundred and thirty three dollars and twenty four cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefore.
**John Wittigh vs 92 Peter Bressaw**
On motion of the defendant by his attorney, until the ninth day of March is given him to answer herein.
**George Grist vs 94 John G Fisher, Francis Beshler, and Charles F Blattan**
On note.
Now come the plaintiffs, by their attorney, but the defendants, Charles F Blattan, although duly summoned and called, come not but makes default, wherefore on motion of said plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of fifteen hundred and ninety one dollars and twenty cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefore.
**Henry Weisenfels vs 574 Charles Marlow**
On notes.
Now comes the plaintiff, by his attorney, and waiving damages on the notes herein, moves the Court for judgment on the defendants answer, and the Court finding from the said answer and from said the instruments in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of Eighteen hundred and thirty one dollars and thirty one cents, doth sustain said motion. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found together with interest on the Sum of four hundred and seventy two dollars and fifty cents, at the rate of ten per cent per annum and also his costs herein expended and have execution therefore.
**Henry Papin vs 231 Henry W Tracy and Charles F Tracy**
On note.
Now comes the plaintiff, by his attorney, and dismissed suite as to the defendant, Henry W Tracy, but the defendant, Charles F Tracy, although duly summoned and called, come not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants is indebted to the plaintiffs in the sum of three hundred and forty six dollars and eleven cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefore.
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**Viewer Page 442** (rcdbook1858_28_0441.jpg)
> Handwritten Page Number on Record Book: 438
**William A Mead, Henry C Mead and Benjamin W Mead vs 47 Cora O Vail**
On notes.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called comes not bur makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against the said defendant as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendant is indebted to the plaintiffs the sum of six hundred and eighty eight dollars and sixty eight cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and their as found and their costs herein expended and have execution therefore.
**George Partridge et al vs 443 D D Michaels and James Clark**
Default.
Now come the plaintiffs, by their attorney, but the defendants, although duly warned and called, come not but make default, wherefore, on motion of the said plaintiffs, it is order by the Court that the petition herein be taken against them as confessed.
**The United States Savings Institution vs 539 Robert H Stone and John H Fisher**
On notes.
Now comes the plaintiff, by its attorney, but the defendants, although duly summoned and called, come not but make default wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of Six hundred and eight dollars and twenty one cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and its costs herein expended and have there of execution.
**Bernard Poepping vs 569 Francis Savignac**
On note.
Now comes the plaintiff, by its attorney, but the defendants, although duly summoned and called, come not but make default wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two hundred and eighty seven dollars and fifteen cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and its costs herein expended and have there of execution therefore.
**Bernard Poepping vs 568 J C G Heinrichs and Michael Chartrand**
On note.
Now comes the plaintiff, by its attorney, but the defendants, although duly summoned and called, come not but make default wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of five hundred and twenty five dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have there of execution therefor.
---
**Viewer Page 443** (rcdbook1858_28_0442.jpg)
> Handwritten Page Number on Record Book: 439
**Providence Tool Company vs W Fenner garns of Woodward**
Interrogatories filed by leave
**Amaranth Crum vs 323. Levi P Crum**
Default.
Now comes the plaintiff, by here attorney, but the defendant, although duly summoned and called come not, but make default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed.
**George W Bowman vs 404 Louis A Welton and Richard F Sass**
Default.
Now comes the plaintiff, by his attorneys, but the defendant, Louis A Delton, although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that there petition herein be taken against him as confessed.
**James L Gage. vs 486 St Louis Mutual Fire and Marine Insurance Company**
On motion of the defendant by attorney, two days additional time is given to answer herein.
**Henry White vs 100 George J King and John H Fisher**
On note Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of thirteen hundred and eighty two dollars and thirty nine cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as formed and his costs herein expended and have execution therefor.
**Samuel L Hertz vs 230 Lucius H Fuller**
The defendant files an answer and two exhibits herein.
**George Lefevre etal vs P H St Cyr garns of Hinton**
Answer filed.
**Cyrus Bentley vs 355 Perry Fenlason**
Answer filed.
**Henry J Given etal vs 448 George F Hill**
On motion of the defendant, by attorney, the time for pleading herein is extended ten days.
**The United States Savings Institution vs 540 John Brookes etal**
The defendants, Horace D Brady and George J Brady, by leave of Court file an answer herein.
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**Viewer Page 444** (rcdbook1858_28_0443.jpg)
> Handwritten Page Number on Record Book: 440
**Isaac Roseboom vs 25 Oscar Postal and William C Postal**
Dismissal.
By consent of parties, it is ordered by the Court that this suit be dismissed at the costs of the defendants and that execution issue therefor. By like consent the defendants withdraw the note sued on.
**Alexis Mudd etal vs 202 Richard Dozier**
Default.
Now come the plaintiffs, by their attorney, but the defendant although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs, by attorney, it is ordered by the Court that this suit be taken against him as confessed.
**John N Boffinger vs 34 I D Morrison**
Ordered that an alias summons issue herein.
**William Nixon vs 188 Eliza Nixon**
Proof of Publication. Default.
Now comes the plaintiff, by attorney, and files proof satisfactory to the Court that the order of publication made herein has been duly published according to law; but the defendant although duly notified and called comes not but makes default, wherefore on motion of the plaintiff by his attorney it is ordered by the Court that the petition herein be taken against her as confessed.
**James V Fisher etal vs 208 Harriett O Van Court and John H Schenck**
Default.
Now come the plaintiffs, by their attorney, but the defendant although duly summoned and called, comes not but make default, wherefore, on motion of the plaintiffs, by attorney, it is ordered by the Court that the petition herein be taken against them as confessed.
**Martin G Noyes and Edward Sherburne vs 290 Ahling and Affs**
Order of Publication. Attachment.
It appearing to the satisfaction of the Court that the defendants, cannot be summoned in this action, therefore, on motion of the plaintiffs, by their attorney, it is ordered by the Court that the said defendants be notified that a civil action has been commenced against them for the sum of two hundred and fifty four dollars and sixty six cents for tea sold by the plaintiffs to them, 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, written and for the County of St Louis on the last Monday of September next and on or before the third day thereof answer the petition herein judgment will be rendered against them and their property sold to satisfy the same. It is further ordered that a copy of this order be published according to law in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
**Martin G Noyes and Edward W Sherbourne, vs 332 Alla Lea**
Default.
Now come the plaintiffs, by their attorney, but the defendant although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition be taken against him as confessed.
**State use of Calvin J Burnes vs 548 Louis Roever etal**
Demurrer filed.
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**Viewer Page 445** (rcdbook1858_28_0444.jpg)
> Handwritten Page Number on Record Book: 441
**Joel W Norcross etal vs 178. Henry Hudson**
Depositions for plaintiffs opened and filed.
**Sexton N Wilcox etal vs 354 Perry Fenlason**
Answer filed.
**State use of Wm H Newman etal vs 535 Albert Pearce etal**
Answer filed.
**Edward P Tesson vs J A Ruess garns Of Terre Haute Alton and St Louis Rail Road Co**
Answer filed.
**George W Brackett vs J A Ruess garns of Terre Haute Alton and St Louis Rail Road Co**
Answer filed.
**Gustavas Koerner etal vs 125 John P Harley et al**
Answer filed by John P Harley.
**Pomeroy Benton & Co vs Renick & Peterson impleaded**
Depositions for defendants opened and filed.
**Percival Platt vs 10 William Bevard**
Depositions for plaintiff opened and filed.
**Thomas M Haynes vs 532 Joseph W Ennis, Thomas H Ennis, and Sarah Ennis**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of eight hundred and four dollars and six cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found together with interest thereon at the rate of ten per cent per annum from this date until paid and his costs herein expended and have thereof execution.
**George B Sanderson vs 526. Lorenz Schaeffler and Francis Bechler**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; And the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of eight hundred and forty four dollars and seventy seven cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefore.
**William H Barksdale etal vs George B Michael**
Answer filed.
**Chas S Hodzle vs Henry Boernsteins**
Answer filed.
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**Viewer Page 446** (rcdbook1858_28_0445.jpg)
> Handwritten Page Number on Record Book: 442
**James M Hughes and Thomas Marshall vs 149 Clay Taylor**
On note.
Now come the plaintiffs, by their attorney, but the defendant although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of nine hundred and six dollars and seventy eight cents. It is therefore considered by the Court the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found together interest thereon at the rate of ten per cent per annum form this date and their costs herein expended and have execution therefor.
**Edward P Jesson vs Nicholas Wall garns of Terre Haute Alton and St Louis Rail Road Company**
Now at this day comes the said garnishee and files an answer herein.
**George W Brackett vs Nicholas Wall garns of Terre Haute Alton & St Louis Rail Road Company**
Now at this day comes the said garnishee and files an answer herein.
**The State of Missouri vs Stephen H Houser**
Murder in the first degree.
Now again come as well the parties as aforesaid as also the Jurors aforesaid and thereupon the trial of the cause progressed but the same not being concluded at the hour of adjournment, it is ordered by the Court that further proceedings herein be deferred until the meeting of the Court to morrow morning.
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**Viewer Page 447** (rcdbook1858_28_0446.jpg)
> Handwritten Page Number on Record Book: 443
Court met pursuant to adjournment. Present and before.
**Caroline Ahrens vs 5 August Ahrens**
Order of Publication.
Now comes the plaintiff and files a petition and affidavit from which it appears that the defendant is a non resident of the State of Missouri and cannot be served with process therefore on motion of the said plaintiff, by her attorney, it is ordered by the Court that the said defendant be notified that a civil action has been commenced against him in this Court to obtain a decree 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 at the City of St Louis within and for the County of St Louis, on the last Monday of September next and on or before the sixth day thereof answer the plaintiffs petition, according to law, the same will be taken against him as confessed. It is further ordered that a copy hereof be published according to law, in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
**Margaret Cronin administratrix of Jeremiah Cronin vs 279 William O Shands**
Default.
Now comes the plaintiff, by her attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against herein as confessed.
**Louis C Austin, George W Thorp and Augustus of Brown vs 509 L C Tapping**
On notes.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of seven hundred and ninety four dollars and thirty six cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**In the matter of the assignment of Louis Mayer**
Order of Sale.
On application of Edward Mead, assignee herein, filed this day, it is ordered by the Court that he proceed to all the property remaining undispoad of assigned to him, at public auction in the manner such sales are ordinarily conducted.
**Louis C Garnier vs 596 John Simonds, Luther M Kennett, and Geo Sanderson garnishees of the City Bank of St Louis**
The said garnishee, John Simonds, files an answer herein. Six days is given the garnishees, Sanderson and Kennett to answer the interrogatories filed herein.
**John C Stewart vs 177 Margaret Casey**
The plaintiff files a Bond for Costs herein, with J Z Smith as security.
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**Viewer Page 448** (rcdbook1858_28_0447.jpg)
> Handwritten Page Number on Record Book: 444
**Percival Platt vs 10 William Bevard**
Motion to suppress depositions filed.
**State of Missouri use of Sherman Spencer vs 478 George W Manning etal**
The defendants file answer herein.
**The United States Insurance Company vs 325 Joseph B Holland, James O Carson, Nicholas Springer and Thomas M Wannall**
On note.
Now come the plaintiff, by its attorney, and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of four hundred and twenty seven dollars and eighteen cents. It is therefore considered by the Court that their plaintiff recover of the defendants the sum aforesaid as found and its costs herein expended and have execution therefor.
**William G Clark, Robert B Clark and Manville Seymour vs 460 George B Filed and Hugh K Wagner**
On note.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of two hundred and eighty three dollars and thirty four cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and their costs herein expended and have thereof execution.
**Alexis Mudd etal vs 461 Thomas Ratcliffe and John J Cadien**
Default.
Now come the plaintiffs, by their attorney, but the defendant, also although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed.
**John d Daggett vs 477 William Streit, Michael Diffenbach, and Casper Schnoelter**
On notes.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of six hundred and eleven dollars and fifty nine cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**Peter Rasweiler vs 517 Philip Seiler**
The plaintiff files a motion to strike out the answer herein.
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**Viewer Page 449** (rcdbook1858_28_0448.jpg)
> Handwritten Page Number on Record Book: 445
**John D Daggett vs 476. George J King, William Hassinger, John O Brien and Joseph McCullough**
On note.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of four hundred dollars and twenty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Henry Hitchcock receiver vs 562 St Louis and Iron Mountain Rail Road Company and James L Gage**
On note.
Now come the plaintiffs, in person, the defendant, James L Gage, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against the said defendant as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendant as indebted to the plaintiffs in the sum of two hundred and seventy six dollars and thirteen cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Thomas Best etal vs 148 Eleazer J Brand and George M Beards**
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed.
**John C Cook vs 131 Daniel D Page, Henry D Bacon, and Thomas Brown**
On note.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendant are indebted to the plaintiffs in the sum of twenty eight hundred and eighty four dollars. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Phebe J Allen vs 185 William Allen**
Proof of Publication.
Now comes the plaintiff, by her attorney, and files proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
**Andrew Close vs 292 Louisa Close**
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiffs, by his attorney it is ordered by the Court that the petition herein be taken against them as confessed.
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**Viewer Page 450** (rcdbook1858_28_0449.jpg)
> Handwritten Page Number on Record Book: 446
**The Mechanics Bank vs 489. Joseph King and Anton Jacger**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of five hundred and twenty eight dollars and seventy five cents, It is therefore considered by the court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and its costs herein expended and have execution therefor.
**The Mechanics Bank vs 490 Michael Adami and Peter Grassmuck**
On note.
Now comes the plaintiff, by its attorney, but the defendants, although duly summoned and called, come not but make default, wherefore on motion of the plaintiff, it is ordered by the court that the petition herein be taken against them as confessed; and the court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of One thousand and seven dollars. It is therefore considered by the Court that the Plaintiff recover of the defendants the sum aforesaid inform aforesaid as found together with interest thereon at the rate of ten per cent per annum and its costs herein expended and have execution therefor.
**George W Brackett vs John S Thompson garnishee of the Terre Haute Alton and St Louis Rail Road Co**
The said garnishee files an answer herein.
**Hamilton Bell etal vs William Dawson**
Agreement filed and cause continued by consent.
**Edward P Tesson vs John S Thompson garnishee of the Terre Haute Alton and St Louis RR Co**
The said garnishee files an answer herein.
**The Mechanics Bank vs 491 Eneas McFaul and Francis McFaul**
On Note.
Now comes the plaintiff, by its attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the court that the petition herein be taken against them as confessed; and the court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of three hundred and twenty nine dollars and fifty cents. It is therefore considered by the court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and its costs herein expended and have thereof execution.
**Joseph Garneau vs 195 Steam Boat Sioux City**
Default.
Now comes the plaintiff, by his attorney, but the defendant, although duly warned and called, comes not but makes default, wherefore, on of the plaintiff it is ordered by the Court that the complaint herein be taken against the said defendant as confessed.
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**Viewer Page 451** (rcdbook1858_28_0450.jpg)
> Handwritten Page Number on Record Book: 447
**Charles Bayne and William Bayne vs 349 Thomas Campbell**
On note.
Now comes the plaintiffs, by their attorney, but the defendant, although duly summoned and called come not but make default, wherefore on motion of the plaintiffs it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of three hundred and fifty eight dollars and eighty seven cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid inform aforesaid as found and their costs herein expended and have execution therefor.
**Joseph Garneau vs 173 Steamboat St Mary**
Default.
Now comes the plaintiff, by his attorney, but the defendant, although duly warned and called, comes not but makes default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against the said defendant as confessed.
**Joseph Garneau vs 174 Steam Boat Polar Star**
Default.
Now comes the plaintiff, by his attorney, but the defendant, although duly warned and called, comes not but makes default, wherefore on motion of the plaintiff, it is ordered by the Court that the complaint herein be taken against the said defendant as confessed.
**James M Franciscus vs 348 Christian Schaffer and Franklin Weston**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of five hundred and twenty eight dollars. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found together with interest therein at the rate of ten percent per annum, and his costs herein expended and have execution therefor.
**William B Watson vs 382 Abraham A Van Wormer and James C Reed**
Ordered that an alias summons issue herein for both defendants.
**Thomas L Mortland vs 257 Walker Hegarman**
Ordered that an alias summons issue herein.
**Charles Blevin etal vs 480 Henry G Bilstein and Henry Heinecke**
Default.
Now come the plaintiffs, by their attorney, but the defendants, although duly summoned and called come not but make default, wherefore on motion the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed.
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**Viewer Page 452** (rcdbook1858_28_0451.jpg)
> Handwritten Page Number on Record Book: 448
**William H Sowers vs 482 Henry G Bilstein and Henry Heinecke**
Default.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed.
**Reese J Thomas vs William H Parkinson etal**
Motion for an Execution filed.
**Aemilius K Sayre vs 15 William C Wagley, Daniel Elifritz, Darius Cox and Jules C Kingsbury**
Proof of Publication. Default.
Now comes the plaintiff, by his attorney, and files proof satisfactory to the Court that the order of publication made herein has been duly published according to law, but the defendants, William C Wagley, Daniel Elifritz and Darius Coxe, although duly notified and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed. Ordered that a dedimus issue to Illinois for the plaintiff.
**Asa J Rolf vs 164 Daniel D Page and Henry D Bacon**
Petition on Judgment.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore on motion of the plaintiff the Court doth order that the petition herein be taken against them as confessed: and the plaintiff waiving a Jury submit this cause the Court upon the petition and exhibit herein, and the Court doth find there from that the defendants are indebted to the plaintiff in the sum of three thousand five hundred and forty eight dollars and ninety nine cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid inform aforesaid as found together with interest therein at the rate of ten per cent per annum from this date and his costs herein expended and have execution therefor.
**William A Moffitt etal vs Philip S Lanham, Charles L Hunt, William C Woodson, William P Fenn, Richard H Stevens, Walter H Dorsett, Robert A Walton and John M Dowell**
Satisfaction.
Now come the plaintiffs, by their attorney, and acknowledge to have received full and entire satisfaction the judgment rendered in this cause on the thirteenth day of April, eighteen hundred and fifty eight for two thousand six hundred and eighty one dollars and eighty cents.
**George W Brackett vs 369 Terre Haute Alton and St Louis Rail Road Co**
Motion to strike out plea in abatement filed.
**Edward P Tesson vs 368 Terre Haute Alton and St Louis Rail Road Co**
Motion to strike out plea in abatement filed.
**John Webster etal vs 495 Jacob Cammamann etal**
Answer filed.
**Wm H Vanderslicer vs 327 Jno A McElray**
Reply filed.
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**Viewer Page 453** (rcdbook1858_28_0452.jpg)
> Handwritten Page Number on Record Book: 449
**Henry Hitchcock Receiver vs 564 Ezra O English, John Burnes and Jacob Johann**
On notes.
Now comes the plaintiff, in person, but the defendants, although duly summoned and called, come not but make default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of sixteen hundred and twenty eight dollars and sixteen cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid inform aforesaid as found and his costs herein expended and have execution therefor.
**The State of Missouri vs 827 Stephen H Houser**
Murder in the first degree.
Now come again as well the parties as aforesaid as also the Jurors aforesaid and thereupon the trial of the cause progressed but the same not being concluded at the hour of adjournment further proceedings herein are deferred until the meeting of the Court tomorrow morning.
Court met pursuant to adjournment. Present as before.
**Legrand F Rucker vs 463. George W Rucker**
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiff it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and fourteen dollars and twenty five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid inform aforesaid as found and his costs herein expended and have execution therefor.
**John Force et al vs 442 Emilius F Kraft and Otto C Kraft**
Default.
Now come the plaintiffs, by their attorney, but the defendants although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs, it ordered by the Court that the petition herein be taken as confessed.
**Stephen Hoyt etal vs 58 William Lansing**
Default.
Now come the plaintiffs, by their attorney, but the defendants although duly summoned and called, comes not but make default, wherefore, on motion of the plaintiffs, it ordered by the Court that the petition herein be taken as confessed.
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**Viewer Page 454** (rcdbook1858_28_0453.jpg)
> Handwritten Page Number on Record Book: 450
**James Harrison vs 23 Andrew Benson and James Benson**
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.
**Stephen Hoyt etal vs 260. William King and David Taylor**
Default.
Now come the plaintiffs, by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed.
**Charles H Kellogg vs 378 Emil F Kraft and O C Kraft**
Default.
Now come the plaintiffs, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed.
**Patrick Higgins vs 26 Ellen Higgins**
Proof of Publication. Default.
Now come the plaintiff, by his attorney, and files proof that the order of publication made herein has been duly published, according to law, but the defendant, although duly notified and called comes not but makes default, wherefore, on motion of the plaintiff it is ordered by the Court that the petition herein be taken against the said defendant as confessed.
**George T Pittman etal vs 29 E S Castle and Co**
Default.
Now come the plaintiffs, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed.
**Andrew F Carpenter vs 518 Morris D Myers**
Answer filed.
**James L Gage vs 486 St Louis Mutual Fires Marine Ins Co**
Answer filed.
**Americus V Potter, Nathan F Mason, John D Potter and Arthur M Potter vs 385. John N Boffinger**
On note.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against herein as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of four hundred and sixty dollars. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**Isabella and Lavenia Harper by their curator John Hartshorn vs 908 Andrew Harper etal**
Proof of Publication.
Now come the plaintiffs, by their attorney, and files proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
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**Viewer Page 455** (rcdbook1858_28_0454.jpg)
> Handwritten Page Number on Record Book: 451
**James K Fisher vs 595 R J Tunstall etal**
Now come the defendants, by their attorney, and withdraw their motion to strike out the plaintiffs amended petition and by leave of Court file an answer to said amended petition.
**David Spahr etal vs 252 Christian Schaffer and Frank Fox**
Ordered that an alias Summons issue herein to the Sheriff of Cooper County for the defendant Fox.
**Joseph La Barge Jr vs 512 James O Carson, Nicholas Springer and Thomas M Wannall**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of eight hundred and forty one dollars and seventy cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid inform aforesaid as found and his costs herein expended and have execution therefor.
**Benjamin Coursin vs 308 Alexander Gilham and George Bowman**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of sixteen hundred and twelve dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Jonathan Jones vs 579 William A Nelson etal**
Answer filed.
**Charles Greener vs 46 Thomas Allen**
Answer filed.
**Picot Knob Iron Company vs 599 St Louis and Iron Mountain Rail Road Company garn. Of Moies**
Answer filed.
**James Joice vs 340 St Louis and Iron Mountain Rail Road Co**
Answer filed.
**Henry Hitchcock Receiver vs 504 Ezra O English etal**
Moto set aside judgment by default filed.
**George Burklin vs 373 James L Faucett**
Motion for security for costs filed.
---
**Viewer Page 456** (rcdbook1858_28_0455.jpg)
> Handwritten Page Number on Record Book: 452
**James Woods etal vs 360 Joseph G Shands and Clarissa Shands**
Satisfaction.
Robert K Woods, one of the plaintiffs, in open Court acknowledge to have received full and entire satisfaction of the judgment rendered herein on the fourth day of the present month.
**Herman W Brockelmann vs William L Catherwood**
The defendants, William L and Edwin O Catherwood, file an answer herein.
**George Weinhager etal vs 561 Louis Steller**
Demurrer to set off filed.
**The State of Missouri vs 827 Stephen H Houser**
On Indictment for Murder in the first degree.
Now come again as well the parties as aforesaid as also the Jurors aforesaid, who having heard all the evidence in the cause and the argument of counsel upon their oath aforesaid say they find the said defendant guilty of murder in the first degree as charged in the indictment.
**Mary Charlotte vs 13. Gabriel S Chouteau**
Petition for Freedom.
Now come the parties, by their respective attorneys, and thereupon come D D Lynch, Frederick Kretzer, William A McDonald, J H Evers, Samuel Hale, B Harris, M Mullaney, William C Chan, John Kirby, and John Younger, ten good and lawful men, who were duly elected tried and sworn the issues herein joined well and truly to try, but the panel of the Jury being incomplete, further proceedings herein are deferred until tomorrow morning.
---
**Viewer Page 457** (rcdbook1858_28_0456.jpg)
> Handwritten Page Number on Record Book: 453
Court met pursuant to adjournment. Present as before.
John W Walker is, on motion of Samuel M Breckinridge, admitted and enrolled as a member of this Bar.
**Charles Hoffman vs 28 Rudolph Brussellbach and John Schiffmann**
On note.
Now come the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two hundred and forty two dollars and ninety cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Francis W Crane vs 26 James Hewitt and Robert M V Kercheval**
Dismissal.
By consent of parties it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**George H Hill et al vs 582 James M Winchester alias Frank Winchester**
Default.
Now come the plaintiffs, by their attorney but the defendant although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against the said defendant as confessed.
**The State of Missouri vs 827 Stephen H Houser**
Murder in the first degree.
Motion for a new trial filed by defendant.
**Stephen Hoyt and George C Greene vs 260 William King and David Taylor**
On notes and account.
Now come the plaintiffs, by their attorney and the plaintiffs waiving a Jury submit this cause to the Court upon the petition exhibits and proofs, and the Court having duly heard and considered the same, doth find therefrom that the defendants are indebted to the plaintiffs in the sum of seven hundred and three dollars and sixty two cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid inform aforesaid as found and their costs herein expended and have execution therefor.
**John Trundley et al vs 62 The St Louis Alton and Terre Haute Rail Road Co**
The plaintiff having failed to file interrogatories against Mauntel and Butte, summoned as garnishees, It is ordered on motion of said garnishees that the be discharged hence.
**Louis G Picot vs 79 James Clemens Jr et al**
Continued by consent.
**Louis G Picot vs 8 Henry P Nortman et al**
Continued by consent.
---
**Viewer Page 458** (rcdbook1858_28_0457.jpg)
> Handwritten Page Number on Record Book: 454
**Edward P Jesson vs Henry Bulte garnishee of St Louis Alton & Terre Haute R R Co**
The said garnishee files an answer herein.
**George W Brackett vs Henry Bulte garnishee of St Louis Alton and Terre Haute R R Co**
The said garnishee files an answer herein.
William M Morrison, Who is personally known to the Court, acknowledge the execution in open Court, of a deed of emancipation to his slave Louis Carries, aged about forty five years, of black color.
**James J Kelly vs 610 Robert M Renick and Alexander Peterson garn. of Wm Salisbury**
Now come the said garnishees and file separate answers herein.
**Samuel N Holliday administrator of Mason Converse vs 348 Phebe Bassett**
Default.
Now comes the plaintiff, by his attorney, but the defendant although duly summoned and called comes not but makes default wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against her as confessed.
**Joshua W Owings vs 701 Joseph A Barret and Mary L Barret**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called come not but make default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two hundred and sixty seven dollars and eighty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Gustavus Guenther vs Louis J Rankin, Thomas J Fletcher and Jas M Loughborough**
Motion for judgment on bond filed.
**Felix Coste et al vs 265 The City of St Louis**
By consent of parties until the twentieth day of the present month is given the defendant to file a bill of Exceptions herein.
**William M Lyon vs 530 Oliver A Hart**
Answer filed.
---
**Viewer Page 459** (rcdbook1858_28_0458.jpg)
> Handwritten Page Number on Record Book: 455
**Mary Charlotte vs 13. Gabriel S Chouteau**
Petition for Freedom.
Now again come the parties, by their attorneys, and also the ten Jurors empanelled and sworn herein, and thereupon come Joseph Leduc and M Osborne, two good and lawful men, who being duly elected tried and sworn the issue herein joined well and truly to try, and the panel of twelve Jurors being completed, thereupon the trial of this cause progressed but not being concluded further proceedings herein are laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
**William Boegeholz vs 101 George Kleberg et al**
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. Note withdrawn by plaintiff by leave.
**Samuel H Bailey vs 350 Isaac T Wise**
Motion to strike out part of answer filed.
**John C Stewart vs 177 Margaret Casey**
Answer filed.
**Iras H Stout vs 116 Edward S W D Holliday**
Answer filed.
**James F Glenne vs 38 William E Saltmarsh et al**
The defendants, William E Saltmarsh and Eliza A Raymond withdraw their supplemental answer herein, and by consent of parties it is ordered by the Court that this cause be dismissed as to the said defendant William E Saltmarsh.
**Ferdinand Meyer and Adolph G Brown vs 556 The St Louis and Iron Mountain Rail Road and John Bass**
On note.
Now come the plaintiffs, by their attorneys, but the defendants, although duly summoned and solemnly called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of seventeen hundred and thirty nine dollars and four cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid inform aforesaid as found and their costs herein expended and have execution therefor.
---
**Viewer Page 460** (rcdbook1858_28_0459.jpg)
> Handwritten Page Number on Record Book: 456
**Franz Schilling et al vs 528 Albert Feger**
Motion for security for costs filed. Answer filed.
**Isaac H Pavey vs 434 William K Wilson**
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against the said defendant as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendant indebted to the plaintiff in the sum of two hundred and seventy four dollars and fifty eight cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid inform aforesaid as found and his costs herein expended and have execution therefor.
**George W Thomas and Raymond A Papin vs 625 Francis D Belcour**
Confession of Judgment.
Now comes the defendant and files a statement, in writing duly verified by affidavit, whereby he confess himself indebted to the plaintiffs in the sum of nine hundred and four dollars and seventy six cents, and consents that judgment may be rendered against him in favor of the plaintiffs for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as confessed together with interest thereon at the rate of ten percent per annum from this date and their costs herein expended and have execution therefor.
**James Meegan and Joseph LaBarge Jr vs 624 Peter Vandervort**
Confession of Judgment.
Now comes the defendant and files a statement, in writing duly verified by affidavit, whereby he confess himself indebted to the plaintiffs in the sum of twenty five hundred and seventy nine dollars and seventy seven cents. And authorizes the Court to enter judgment against him for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as confessed and their costs herein expended and have execution therefor.
**Resse J Thomas vs William H Parkinson et al**
Notice to defendants and also notice to attorney of Parkinson filed.
**James M Bristow vs 433 The Pacific Rail Road Company**
Ordered that a dedimus issue to Kentucky for the plaintiff.
**Nathaniel W Floyd vs 197 Jesse Dean etal**
Ordered that a dedimus issue to Illinois for plaintiff.
**John J Roe et al vs 428 Thomas L Moore et al**
The defendants, John G Glenn and Thomas L Moore, file separate answers herein.
---
**Viewer Page 461** (rcdbook1858_28_0460.jpg)
> Handwritten Page Number on Record Book: 457
**John J Roe et al vs 254 Thomas L Moore et al**
The defendants, John G Glenn and Thomas L Moore, file separate answers herein.
**Percival S Drown et al vs 609 S K Hutchinson garns of Lancaster**
The said garnishee files an answer herein.
**Mary Charlotte vs 13 Gabriel S Chouteau**
Petition for freedom.
Now again come the parties by their respective attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial of this cause progressed but not being finished further proceedings are deferred until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Samuel B Tucker is, on motion of Calvin F Burnes, admitted and enrolled as a member of this Bar
**James Woods et al vs 217 Reuben Harrington**
Deposition for plaintiffs opened and filed.
**George Fahnestock vs 628 William Hazzeldine**
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by affidavit, whereby he confesses himself indebted to the plaintiff in the sum of thirteen hundred and fifty four dollars and forty cents, and consents that judgment may be rendered against him infavor of the plaintiff for that amount. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid inform aforesaid as confessed and his costs herein expended and have execution therefor.
**Griffin P Theobald vs 19 Frederick Eschmann, Eschmann and Frederick Schnake**
Default.
Now comes the plaintiff, by his attorney, but the defendants although duly summoned and called, come not make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed.
**State of Missouri use of Eleanor Davis vs 576 Henry N Hart et al**
Answer filed.
---
**Viewer Page 462** (rcdbook1858_28_0461.jpg)
> Handwritten Page Number on Record Book: 458
**George Reder vs 451 Henry Redemeyer**
By consent of parties, leave is given the plaintiff to change the given name of the defendant from Henry to John George wherever the same occurs: thereupon the defendant withdraws the plea in abatement herein and twenty days is given the defendant to answer herein.
**Margaret Groves vs 513. John W Groves**
Default.
Now comes the plaintiff, by her attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed.
**George Lefevre et al vs 506 Walter D McIndoe and Thomas Hinton**
Proof of Publication.
Now come the plaintiffs, by their attorney, and file proofs satisfactory, to the Court that the order of publication made herein has been duly published according to law.
**Bennett S Aden vs 103 David Dick and Robert W McClure**
Proofs of Publication.
Now comes the plaintiff, by his attorney, and files proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
**Victor A Sartori vs 79 Samuel H Jacoby and George W Jacoby**
Proofs of Publication.
Now comes the plaintiff, by his attorney, and files proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
**Richard H Smith vs 302 Thomas Seaverson**
Proofs of Publication.
Now comes the plaintiff, by his attorney, and files proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
**Firemans Insurance Company vs 199 William Hart.**
Proofs of Publication.
Now comes the plaintiff, by his attorney, and files proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
**Morris Plahto vs 202 Albert Jacoby and Jeannette Jacoby**
Proofs of Publication. Default.
Now comes the plaintiff, by his attorney, and files proof satisfactory to the Court that the order of publication made herein has been duly published according to law, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion the plaintiff it is ordered by the Court that the petition herein be taken against them as confessed.
**Sylvester V Papin and Theophile Papin vs 64 George B Field**
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against the said defendant as confessed.
---
**Viewer Page 463** (rcdbook1858_28_0462.jpg)
> Handwritten Page Number on Record Book: 459
**James L Gage vs 486. St Louis Mutual Fire and Marine Insurance Company**
Demurer filed.
**Wayman Crow, Phocion R McCreey, William A Hargadine, George D Appleton and Hugh McKittrick vs 280 William Wade, Daniel M Frost, and Charles P Chouteau.**
On note.
Now come the plaintiffs, by their attorney, and dismisses this suit as to the defendant, Charles P Chouteau, but the defendants, William Wade and Daniel M Frost, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs by their attorney, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of two thousand and thirty nine dollars and fifty four cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid inform aforesaid as found and their costs herein expended and have execution therefor. Judgment to bear then percent per annum from this date until paid.
**James B Hill vs 531 William Hassinger, John Brien and George J King**
On note.
Now come the plaintiffs, by their attorney, and dismisses this suit as to the defendant, William Hassinger, but the defendant, John O Brien and George J King, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiffs it is rendered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of five hundred and fifty two dollars and ninety seven cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid inform aforesaid as found and his costs herein expended and have execution therefor.
**J M Campbell vs Robert B Major**
Confession of Judgment.
Now comes the defendant and files a statement in writing, duly verified by affidavit, whereby he confess himself indebted to the plaintiff in the sum of five hundred and ninety two dollars and seventy seven cents, and consents that judgment may rendered against him for that sum. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid inform aforesaid as confessed and his costs herein expended and have execution therefor.
**William M Lyon vs 534. Oliver A Hart**
Deposition for plaintiff opened and filed.
**Patrick Gallagher vs 37 Patrick Hart**
Motion for security for costs filed.
**George W Thatcher vs 144 Solomon Smith et al**
The defendants, Solomon Smith and Hiram written den file separate answers herein.
---
**Viewer Page 464** (rcdbook1858_28_0463.jpg)
> Handwritten Page Number on Record Book: 460
**Michael Murphy vs Calvin C Burt garns of Archie Campbell**
Motion for order on claimant of fund garnisheed to appear and sustain claim filed.
**David Spahr et al vs 252 Christian Schaffer and Frank Fox**
Now comes the defendant, Frank Fox, and waiving the issue and service of process, enters his appearance to this action; wherefore, on motion of the plaintiffs the order for the issue of an alias summons herein for said defendant is set aside.
**John J Haley et al vs 613 Frederick Spies garns of Francis Hofelman**
Denial of part of answer filed. Exceptions to general answer filed.
**Gustav Guenther vs Francis Cornet et al**
Motion for judgment on bond filed.
**Samuel Howison vs 227 Thomas L Rives**
Change of Venue.
Now come the parties, by their respective attorneys, and the defendant files a petition for a change of venue herein, that the Court, having duly heard and considered the same doth order that the venue of this cause be changed to the St Louis Court of Common Pleas, and that the Clerk of this Court make out a true and complete transcript of the record and proceedings herein, and transmit the same duly certified, together with all the original papers filed and not forming a part of the record, to the Clerk of said St Louis Court of Common Pleas.
**Frederick P Whitcher et al vs 544 William H Kidd et al**
The defendants withdraw their motion for security for costs herein and file an answer and two exhibits.
**Thomas Bassett et al vs 244 Peter Ambs**
Motion to strike out answer and counterclaim and for judgment filed.
**Mary Charlotte vs 13. Gabriel S Chouteau**
Now come again the parties, by their respective attorneys, and also the Jury empannelled and sworn herein, and thereupon the trial progressed and being finished the Jury aforesaid upon their oaths aforesaid do find as to the first issue herein joined that the said defendant is guilty of the trespasses and grievances laid to his charge in manner and form as the plaintiff hath in her declaration alleged, and as to the second issue herein joined, do find that at the time when said several supposed trespasses were committed the plaintiff was not slave in manner and form as the defendants hath in his second plea alledged. It is therefore considered and adjudged by the Court that the said plaintiff be liberated and entirely set [free ?] from the said defendant and form all persons claiming by through or under him by title derived since the commencement of this suit and that she recover of said defendant her costs and charges herein expended and have execution therefor. Motion for a new trial filed.
---
**Viewer Page 465** (rcdbook1858_28_0464.jpg)
> Handwritten Page Number on Record Book: 461
Court met pursuant to adjournment. Present as before.
**William C Wells vs 213 Joseph Rowe garnishee of Nelson Blodgett**
Change of Venue.
The Judge of this Court having been of counsel for the garnishee herein, it is therefore ordered that this cause be transferred to the St Louis Court of Common Pleas for trial, 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 said St Louis court of Common Pleas, as required by law.
**Warren Reed vs 153 Frederick R Convay**
Continued.
**Louis A Benoist et al vs 72 Lydia M Rector et al**
Continued.
**Norman Cutter vs 61 Wm. Waddingham et al**
Continued.
**Norman Cutter vs M A Childress**
Continued.
**Lorenzo P Sanger et al vs 222 North Missouri Rail Road Co**
Continued.
**William Milburn et al vs 18 Thomas C Reynolds**
Continued.
**Edward V Bryan et al vs 160 Edward St Michael**
Continued by consent.
**Edward V Bryan et al vs 161 Edward St Michael**
Continued by consent.
**Francis Charleson et al vs 157 Edward St Michael**
Continued by consent.
**Charles Hoffman vs Emelia Riehl**
Continued by consent.
**Simon Abeles vs 80 Wilson Henley et al**
Continued by consent.
**Providence Tool Co vs Wm B Fenner garns**
Answer filed.
**Picot Knob Iron Company vs 599 The St Louis and Iron Mountain Rail Road Co garns of Moies**
The said garnishee withdraws its answer herein.
**John J Haley et al vs 613 Geo Geisel garns of Francis Hofelman**
On motion three days is given said garnishee to answer.
**John P Gould et al vs 93. George Trowbridge et al**
Continued by consent at defendants costs.
---
**Viewer Page 466** (rcdbook1858_28_0465.jpg)
> Handwritten Page Number on Record Book: 462
**C Rodney Montague vs Franklin Field garnishee of John stickel et al**
By leave of court the plaintiff files interrogatories herein. Two weeks is given the said garnishee to answer herein.
**Hull R Jackson vs 47 Nathan C Covington**
Continued by consent at plaintiffs costs. Motion to suppress deposition of J W Jackson filed.
**Frederick Buschmann vs 84 Richard Ivers and Joseph Magehan**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the court that this suit be dismissed acts the defendant Richard Ivers.
**Hudson B Powell vs 279 Michael Buckley**
Dismissal.
By consent of parties, it is ordered by the court that this cause be dismissed at the costs of the plaintiffs and that execution issue therefore.
**Charles S Hempstead vs 58 Thomas Hempstead's admr et al**
Fifteen days are given to answer herein.
**Central Bank vs 622 George L Marshall and Henry Smith**
Confession of Judgment.
Now come the defendants and file a statement in writing duly verified by affidavit, whereby they confess themselves indebted to the plaintiff in the sum of eight hundred and five dollars and eighty five cents, and consent that judgment may be rendered against them in favor of the plaintiff for that amount. It is therefore considered by the court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as confessed and its costs herein expended and have execution therefore.
**Roger L M Allister vs 499 Ellsworth Miller and Francis Burke**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly called come not, nor have they answered herein, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of five hundred and twenty seven dollars and fifty ants. It is therefore considered by, the Court that the plaintiff recover of the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefore.
**George Lefevre et al vs 849 Daniel T Wright et al garns**
Motion to discharge garnishees filed.
**John Trundley et al vs 62 The St Louis Alton and Terre Haute Rail Road Co**
Dismissal.
On motion of the plaintiff, by their attorney, it is ordered by the Court that the garnishees summoned herein be discharged hence at the this suit dismissed at the costs of said plaintiffs and that execution issue therefore.
---
**Viewer Page 467** (rcdbook1858_28_0466.jpg)
> Handwritten Page Number on Record Book: 463
**George Lefevre and George Greene vs 506 Walter D McIndoe and Thomas Hinton**
On note.
Now the plaintiffs, by their attorney, but defendants although duly warned and called come not but make default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in which this action is founded that the defendants are indebted to the plaintiffs in the sum of seven hundred and two dollars and eighty one cents. His therefore considered by the court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid, as found together with interest thereon at the rate of ten per cent per annum from this date and their costs herein expended and have execution therefor against the defendant Thomas Hinton, against the property attached, and have general execution therefore against, Walter D McIndoe.
**Bennet S Aden vs 103 David Dick and Robert W McClure**
On notes.
Now comes the plaintiff, by his attorney, but the defendants, although duly warned and called, come not but make default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instruments in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of eighteen hundred and forty eight dollars and thirty cents. His therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid inform aforesaid as found and have execution therefor against the property attached in this suit.
**Percival Platt vs 10 William Bevardo**
On motion of the plaintiff, Commissions are awarded him to take depositions in Illinois and Muscatine and Burlington, Iowa.
**Benn C Platt vs 11 William Bevard**
Dedimus awarded to Illinois for plaintiff.
**Edward P Jesson vs Frederick M Calburn garns of Terre Haute, Alton St Louis R R Co**
Exceptions to answer of garnishees, Chas E Maurice and George T Lamp, filed. Separate denials of answer of garnishees, John S Thompson and Henry Bulte, filed.
**Jacob Berlin vs Joseph A Eddy et al**
No comes the plaintiff, and files a petition and exhibit.
**James M Bristow vs 433 The pacific Rail Road Company**
Until the nineteenth instant is given the defendant to answer herein.
**State of Missouri to use of Edward Crely vs Mary Creby**
The defendant files an answer and set off herein.
---
**Viewer Page 468** (rcdbook1858_28_0467.jpg)
> Handwritten Page Number on Record Book: 464
**George W Brackett vs Frederick M Collrun garnishees of Terre Naute Alton St. Louis R R Co.**
Denials of answers of Henry Bulte and Johns Thompson filed. Exceptions to answer of Charles E Maurice and George T Camp filed.
**Samuel L M Barlow vs John H Oglesby et al**
Ordered that apheries summons issue herein for John H. Oglesby.
Court met pursuant to adjournment. Present as before.
F Kennedy is, on motion, admitted and en rolled as a member of this Bar.
**Mom's Plahto vs 202 Oct '58 Albert Jacoby and Jeanette Jacoby**
Petition.
Now come the parties, by then attorney, and the defendants file an answer herein, and this cause is submitted by consent to the Court upon the petition and answer, and the Court doth find there from that the defendants are indebted to the plaintiff in the sum often hundred and eighty two dollars. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefore.
**The Bank of the State of Missouri vs 217 William Carson et al**
Ordered that an alias summons issue to the sheriff of Pike County for the defendants R Saffarons, J P Rule and E B Rule.
**Charles Jeffries vs 07 D D Danton et al**
Exhibit a filed
**Franklin Grube vs 04 F & M Meyer**
Continued by consent.
**George P Fein vs 614 Adolphus Dentelmoser garns of Jno Valentine et al**
On motion of the garnishee, by his attorney, it is ordered by the Court that he be discharged hence at the cost of said plaintiff and that execution issue therefore. The sum of ten dollars allowed garnishee for answering.
**Human W Brockelsmann vs 120 William L Catherwood et al**
Default.
Now comes the plaintiff, by his attorney, but the defendant, Julius Busch, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff it is ordered by the Court that the petition herein be taken against him as confessed.
---
**Viewer Page 469** (rcdbook1858_28_0468.jpg)
> Handwritten Page Number on Record Book: 465
**George Lefevre et al vs 593 P H St Cyr garnishee of Walter D McIndoe**
On motion of the garnishee, by his attorney, it is ordered by the Court that he be discharged hence at the cost of the plaintiffs and that execution issue therefore. The sum of ten dollars is allowed him for an evening herein.
**Linus Jackson vs 601 The Boatmans Savings Institution garns of Lyman Sherwood**
On motion of the garnishee, by his attorney, it is ordered by the Court that it be discharged hence at the costs of the plaintiff and the execution issue therefore. The sum of ten dollars is allowed for an answering herein.
**Levis Emmons vs 26 A B Fenton et al**
The plaintiff files as motion and notice of motion to shorten time for taking depositions and the Court doth grant the plaintiff leave to take depositions in the state of Ohio on the twenty second instant on serving notice on the defendants to that effect.
**James Meegan and Joseph La Barge Jr vs 625 Taliafero James**
Confession of Judgment.
Now comes the defendant and files a statement, in writing duly verified by affidavit, whereby he confesses himself indebted to the plaintiff in the sum of five thousand one hundred and fifty nine dollars and fifty five cents, and consents that judgment may be rendered against him for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as confessed and their costs herein expended and have thereof execution.
**William T Smith vs 144 Joseph Mogridge and Francis McFaul**
Petition.
Now come the parties, by their attorneys, and agree that judgment may be rendered herein in favor of the plaintiff and against the defendants for the sum of one cent. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as agreed upon and his costs herein expended and have execution therefore.
**John Wait vs 266 John Kinnard and John Kinnard Jr**
Default.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed.
**State use of Edward Crely vs 356 Many Brely et al**
Demurrer to Courter claim filed.
**Heavy H Humphrey's admr vs James Castello**
On motion of the defendant, by his attorney, it is ordered that the plaintiff file an additional bond of replevin in the sum of six hundred dollars, within ten days from the date of this order.
---
**Viewer Page 470** (rcdbook1858_28_0469.jpg)
> Handwritten Page Number on Record Book: 466
**Conrad Elliott vs 328 Woodford W McLamant et al**
Separate answer of McLamant and two exhibits A & B Filed.
**William Wade et al vs 78. Joseph B Holland**
Deposition for defendant opened and filed.
**John Rupell Nathaniel E Rupell and Henry B Clapp vs 472 Charles F Baker and James Moore**
On note and accounts.
Now comes the plaintiff by their attorney, and dismisses this suit as to the defendants, James Moore, but the defendant, Charles Baker, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed: and the plaintiffs waiving a Jury, submit this cause to the Court upon the petition, exhibits and proofs, and the Court having duly heard and considered the same doth find there from that the defendant, Charles F Baker, is indebted to the plaintiffs in the sum of three hundred and thirty eight dollars and seventy two cents. It is in therefore considered by the Court that the plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**Oliver W Woodford and Jay C Wemple vs 396 Theodore Wolff and Sebastian Engert**
On notes.
Now come the plaintiffs, by their attorneys, but the defendants, although duly summoned and called, come not but make default, wherefore; on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instruments in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of eight hundred and seventy six dollars and sixteen cents. It is therefore considered, by the Court that the plaintiffs recover of the defendants the sum aforesaid inform aforesaid as found and their costs herein expended and have execution therefor.
**Robert W Johnson et al vs 167 John C Ivory**
Dismissal.
On motion of the plaintiff, by their attorneys, it is ordered by the Court that this cause be dismissed at their costs and that execution issue therefor.
**Elijah G Tuttle vs 189 Benj F Winchester**
Dismissal.
On motion of the plaintiff, by his attorneys, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor. Exhibit withdrawn by leave of Court.
**Patrick Leahy et al vs 238 Francis Dugdale's admrx**
Ordered that a subpoena dues term issue to Dr Stevens for certain books.
**Louis C Garnier vs John Simonds garn. of the City Bank of St Louis**
Denial of garnishees answer filed.
---
**Viewer Page 471** (rcdbook1858_28_0470.jpg)
> Handwritten Page Number on Record Book: 467
**Alexander J P Garesche administrator of William Farrell, deceased, Mary Farrell, widow, Esther Farrell, Dennis Farrell, and Christopher Farrell, minor children of William Farrell, deed by their next friend, Alexander J P Garesche. vs Ann Brennon, administratrix of James Brennon, deceased, and guardian ad litem of Wm Brennon, Mary Ann Brennon, and Margaret Brennon, minor children of James Brennon, decd, James Cox, and Esther, his wife, Joseph Larkin and Andrew Larkin**
Petition to set aside Will.
Now come the parties by their respective attorneys and thereupon come also a Jury, to wit: Charles Ludicke, John Buchanan, A F Meyer, Simon Bell, L Benksdorff, W J Reddock, Thomas Mason, H Inmann, William H Wittington, M Crole, J Shoults, and J D Woodey, twelve good and lawful men, who being duly elected, tried and sworn well and truly to try the issue herein joined, the trial progressed, but not being finished at the hour of adjournment, it is ordered by the Court that further proceedings herein be deferred until tomorrow morning.
Court met pursuant to adjournment. Present as before.
Hugh Humphreys is, on motion, admitted and enrolled as a member of this Bar.
**John J Haley et al vs 613 Frederick K Spies et al garn. of Francis Hofelman**
The garnishee, George Geisel, files an answer herein.
**Edward P Jesson vs 597 Frederick M Colburn, Joshua Alexander, James Beebe, William Haight, Robert Hull, James A Raynor, Nicholas Wall, Erastus H Gaylord, and F A Reuss garnishees of Terre Haute Alton and St Louis Rail Road Company**
Default.
Now come the plaintiffs, by their attorneys, but the garnishees, Frederick M Colburn, Joshua H Alexander, James Beebe, William Haight, Robert Hull and James A Raynor, although duly summoned and called, come not but make default, wherefore; on motion of the plaintiffs, it is ordered by the Court that the interrogatories filed herein be taken against them as confessed: on motion of the plaintiff it is ordered by the Court that the garnishes, Nicholas Wall, Erastus H Gaylord, and F A Reuss, be discharged hence at the costs of the said plaintiffs and that execution issue therefor. The sum of ten dollars is allowed each of said garnishees, Wall Gaylord and Reuss, for answering herein.
**Samuel Hager vs J R Barrett et al**
Answer of J R Barrett filed.
**William Mortland vs 256 Michael S Mepham et al**
Reply to Counter claim filed.
---
**Viewer Page 472** (rcdbook1858_28_0471.jpg)
> Handwritten Page Number on Record Book: 468
**David P Clay vs 628 Jacon B Fluno**
Confession of Judgment.
Now comes the defendants and files a statement in writing, whereby he confessed himself indebted to the plaintiff in the sum of twenty five hundred and twenty one dollars and fifty nine cents, and consents that judgment may be rendered herein in favor of said plaintiff for that sum. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as confessed and his costs herein expended and have execution therefor.
**George W Brackett vs 598 Frederick M Colburn, Joshua H Alexander, James Beebe, William Haight, Robert Hull, James A Raynor, Nicholas Wall, Erastus H Gaylord and F A Ruess garnishees of Terre Haute Alton and St Louis Rail Road Company.**
Default.
Now come the plaintiffs, by their attorneys, but the garnishees, Frederick M Colburn, Joshua H Alexander, James Beebe, William Haight, Robert Hull and James A Raynor, although duly summoned and called, come not but make default, wherefore; on motion of the plaintiffs, it is ordered by the Court that the interrogatories herein be taken against them as confessed: on motion of the plaintiff, it is ordered by the Court that the garnishes, Nicholas Wall, Erastus H Gaylord, and F A Reuss, be discharged hence at the costs of the said plaintiffs and that the sum of ten dollars be allowed each of them for answering herein
**John J Haley et al vs 613 Frederick Spies garnishee of Francis Hofelman**
Reply of Spies to denial of answer filed.
**Norman Cutter vs 61 William Waddingham**
Motion to make the City of St Louis a defendant to this suit filed.
**Alexander J P Garasche, administrator of William Farrell, decd, et al vs 43. Ann Brennon administratrix of James Brennon, decd, et al**
Petition to set aside Will.
Now come again the parties, by their respective attorneys, and also the Jury empanelled and sworn herein and thereupon the trial of this cause progressed, but not being finished further proceedings are deferred until tomorrow morning.
---
**Viewer Page 473** (rcdbook1858_28_0472.jpg)
> Handwritten Page Number on Record Book: 469
Court met pursuant to adjournment. Present as before.
**Nimrod Beck vs 369 James Cuddy et al**
Continued by consent.
**Louis C Garnier vs Geo B. Sanderson garns**
Answer filed.
**Louis Emmons vs 26 A B Fenton et al**
Ordered that a dedimus issue to Ohio for plaintiff.
**Rufus Bigelow vs Richard Dozier**
Now comes the plaintiff can files a petition and thereupon comes the defendants and waiving service or process enters his appearance to this action as if personally served with process fifteen days before the commencement of the present term of this Court.
**Calvin F Burnes vs Theodore Bredow**
Now comes the plaintiff and files a petition and thereupon comes the defendant and waiving the issue of summons, enters his appearance to this action as if personally served with process fifteen days before the commencement of the present term of this Court.
**James Joice vs 340 The Saint Louis and Iron Mountain Rail Road Company**
Dismissal.
Now come the parties by their attorneys, and by their consent it is ordered by the Court that this cause be dismissed at the costs of the defendant that execution issue herein.
**R T Barret vs Cynille Benoist**
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by affidavit, whereby he confessed himself indebted to the plaintiff in the sum of three hundred dollars and consents that judgment may be rendered against him in favor of the plaintiff for that amount. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid form aforesaid as confessed and his costs herein expended and have execution therefor.
**Mary E Leonard vs 57 A S Leonard**
Depositions for plaintiff opened and filed.
**Peter D Mueller vs 605 David Tandy garns of R McEldowney**
On motion of the said garnishee, by his attorneys, it is ordered by the Court that he be discharges hence at the costs of said plaintiff and that execution issue therefore. The sum of Ten dollars is allowed said garnishee for answering.
**Henry Buesmeyer vs John Nicolay et al**
Answer of Fritz Pittman filed.
---
**Viewer Page 474** (rcdbook1858_28_0473.jpg)
> Handwritten Page Number on Record Book: 470
**David P Clay vs 156 Union Line Transportation Company**
Ordered that a dedimus issue to Wisconsin for plaintiff.
**Joel D Smith et al vs 630 John J Mitchell et al**
Ordered to be set for trial for 1st day of June next by consent of parties.
**John C Stewart vs 77 Margaret Casey**
Ordered that a dedimus issue to Louisiana for plaintiff.
**Margaret Cronin vs 279 William O Shands**
The defendants files an answer herein.
**Cleander Mighells vs Lorenzo D Jones**
Motion for order on Sheriff to pay over money filed.
**Samuel Goulding et al vs 549 Elijah G Tuttle et al garnishee**
Continued on application of plaintiffs at their costs.
**Robert S Armstrong et al no 555 Elijah G Tuttle et al garnishee**
Continued on application of plaintiffs at their costs.
**In the matter of the Steamboat Polar Star**
It appearing to the Court that the said steamboat has been sold pursuant to the order here to fore made by this Court, therefore, it is ordered that the creditors of said boat be notified to appear before this Court on the twenty third day of April next and exhibit and prove their demands against said boat; it is further ordered that such notice be published in the St Louis Evening News and the Missouri Democrat.
**In the matter of the Steamboat St Mary**
It appearing to the Court that the said steamboat has been sold pursuant to the order here to fore made by this Court, therefore, it is ordered that the creditors of said boat be notified to appear before this Court on the twenty third day of April next and exhibit and prove their demand against said boat; it is further ordered that such notice be published in the Missouri Democrat and St Louis Evening News.
**William Ferrell admr et al vs 40 James Brennon admr et al**
Now come the parties, by their respective attorneys, and also the Jury empanelled and sworn herein and thereupon the trial progressed and being finished, the Jury retire to consider of their verdict.
---
**Viewer Page 475** (rcdbook1858_28_0474.jpg)
> Handwritten Page Number on Record Book: 471
Court met pursuant to adjournment. Present as before.
**State of Missouri use Jackson trustee vs 234 C W Pomeroy et al**
Deposition for defendants opened and filed.
**William T Hazzard vs 253 Lyman Scott et al**
Depositions for plaintiff opened and filed.
**Vincent Boisanbin vs 73. William G Miller et al**
Motion for security for costs filed.
**Henry T Helm et al vs 341 David Wolf**
The plaintiffs file a bond for security for costs, thereupon the Court overrules the motion for security for costs.
**Simon Meyberg. vs 96 Bernhard Midas et al**
It is ordered that the motion for a new trial herein be overruled.
**In the matter of John T Hatcher**
Now comes John T Hatcher and files a petition for a unit of Habeas Corpus and the Court having duly heard and considered the same doth refuse the said application.
**Evelyn A Burt no 103 Francis Hudson et al**
It is ordered that the demurrer to the plaintiffs petition herein be sustained.
**Evelyn A Burt vs 113 Francis Hudson et al**
It is ordered that the demurrer to the plaintiffs petition herein be sustained.
**The Independence Mining Company vs 48 Albert C Koch**
The plaintiff files a bond for security for costs.
**Poebe J Allen vs 185 William Allen**
On consideration of the demurrer herein it is ordered that the same be overruled.
**Alexander Beal et al vs 330 Francis Hofelman**
The plaintiffs file a bond for costs herein.
**Jane Doyle vs Ins Doyle**
Affidavit filed.
---
**Viewer Page 476** (rcdbook1858_28_0475.jpg)
> Handwritten Page Number on Record Book: 472
**Rupell Scarrett et al vs 317 Frederick Meyer et al**
On consideration of the motion to strike out the defendants answer and for judgment, it is ordered that the same be overruled.
**Levi M Bond et al vs 316 Patrick Long**
On consideration of the motion to dismiss this suit for want of security for costs it is ordered that the same be overruled.
**Philip B Hokaday vs 418 Charles Gibson**
The defendants demurrer to the petition being heard and considered by the Court it is ordered that the same be sustained.
**Malcom Turner et al vs 243. William Hassinger**
The Plaintiff files a bond for costs, thereupon the dependant withdraw his motion to dismiss this suit, and files an answer herein.
**Quinnebang Bank vs 199 John L Chandler**
The Plaintiff files a bond for costs, thereupon the dependant withdraw his motion to dismiss this suit.
**Rene Guillon et al vs 470 Jno L Chandler**
The Plaintiff files a bond for costs, thereupon the dependant withdraw his motion to dismiss this suit.
**John O Conner vs William H Pearson**
On consideration of the demurrer to the petition herein, it is ordered that the same be sustained. Ten days is given plaintiff to amend.
**George P Fein vs Adolphus Dentelmoser garn.**
Motion to set aside discharge of garnishee filed.
**Albert D Glover vs 267 Thomas Thomas et al**
On consideration of the motion to strike out parts of answer of Thomas Thomas it is ordered that the same be sustained. Ten day is given said defendant to amend.
**John C Stewart vs 177 Margaret Casey**
The defendants withdraws her motion for security for costs herein.
**James J Kelly vs Robert M Renick, Alexander Peterson and Thomas L Anderson garns of Wm Salisbury**
The plaintiff files separate denials of the answer of said garnishee.
**James M Bristow vs 433 The Pacific Rail Road**
The defendant files an answer herein.
---
**Viewer Page 477** (rcdbook1858_28_0476.jpg)
> Handwritten Page Number on Record Book: 473
**Wilson King vs 611 Thomas Brown and Wm M McPherson garns of The Ohio and Mississippi Rail Road Company**
Default.
Now comes the plaintiff, by his attorney, but the said garnishee, William M McPherson, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiff, it is ordered by the Court that the interrogators herein against him as confessed.
**Catherine Fischer vs 10 Adam Fischer**
Order of Publication.
Now comes the plaintiff, by her attorney, and files a petition and also an affidavit stating that the defendant is a non resident of the State of Missouri, wherefore on motion of t he plaintiff, it is ordered by the Court that the defendant be notified that a civil action has been commenced against him to obtain a decree of divorce on the grounds of ill treatment and desertion, and that unless he be and appear before this Court to be begun and held at the Court House in the City and County of St Louis on the last Monday of September next and on or before the sixth day of said term answer the plaintiffs petition the same will be taken against him as confessed. It is further ordered that a copy hereof be published, as the law directs, in the Missouri Republican a newspaper printed and published in the City of St Louis.
**Joseph Charles, William T Blow and Taylor Blow. vs 235 The Chicago Alton and Saint Louis Rail Road Company**
On note.
Now come the plaintiffs, by their attorney and on their motion leave so given the Sheriff to amend his return on the writ herein by adding there to the words, "the President of said Company not being found in my County"; which amendment is accordingly made; but the said defendant, although duly summoned and called, come not but makes default, wherefore, on motion of the plaintiffs it is ordered by the Court that the petition herein be taken against the defendant as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of two hundred and ninety dollars and fifty eight cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid inform aforesaid as found and their costs herein expended and have execution therefor.
**The Saint Louis Building and Savings Association vs 334 Joseph H White and John H Fisher**
On notes.
Now come the plaintiff and the defendant, White, by their attorneys, but the defendant Fisher although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed: thereupon by leave of Court the defendant white amends his answer by alleging a payment on the twelfth of March last of the sum of three hundred and eighteen dollars and forty four cents; which allegation of payment the plaintiff confesses and moves the Court of judgment upon the answer of said White, which motion, upon consideration by the Court is sustained; and the Court finds from the instruments in writing on which this action is founded and also from the answer herein that the defendant White is and indebted to the plaintiff in the sum of twelve hundred and eighty one dollars and seventy one cents, and the Court also finds from the said instruments in writing that the defendant Fisher is indebted to the plaintiff in the sum of twelve hundred and eighty one dollars and seventy one cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid as found and its costs herein expended and have execution therefor.
---
**Viewer Page 478** (rcdbook1858_28_0477.jpg)
> Handwritten Page Number on Record Book: 474
Court met pursuant to adjournment. Present as before.
Corbin Thompson and Isaac H Thompson, two credible witnesses, personally known to the Court, in open Court, upon their oaths, prove the acknowledgement and execution of a deed of emancipation by Charles M Hays to the following named slaves, to wit: Mary Hays, of dark copper color, aged thirty six years, Charles Hays, of dark copper color, aged sixteen years, Edward Hays, of light complexion, aged eleven years, Francis Victoria aged twelve months.
**George P Doan et al vs 269 A Becker et al**
On consideration of the demurrer herein it is ordered that the same be overruled. Ten days given to answer.
**William Brown vs 315 Charles Marlow**
On Bill of Exchange.
The plaintiffs motion to state out the answer herein and for judgment being heard and by the Court fully understood it is ordered that the same be overruled; thereupon comes the plaintiff and waiving damages on the bill of exchange sued on, moved the Court for judgment on the answer of said defendant, and the Court, on considered of said motion, doth sustain the same; and the Court finds from said answer and from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of three hundred and seventy four dollars and fifteen cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and this costs herein expended and have execution therefor.
**State of Missouri use of Jas J McBride vs 573 William B Watson et al**
Demurrer filed.
**William H Prichaitt vs 309 William M McPherson**
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. By leave of Court the plaintiff withdraws the exhibit sued on.
**Henry Ames et al vs 362 William Sample**
Default.
Now come the plaintiffs, by their attorney, but the defendants, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiffs it is ordered by the Court that the petition herein be taken against him as confessed.
**The State of Missouri use of Calvin F Burnes vs 528 Louis Rower et al**
On consideration of the demurrer to the petition herein it is ordered by the Court that the same be sustained. Ten days is given the plaintiff to amend.
**Jermina A Chrisman vs 168 William Chrisman**
Proof of Publication.
Now comes the plaintiff and files proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
---
**Viewer Page 479** (rcdbook1858_28_0478.jpg)
> Handwritten Page Number on Record Book: 475
**Independence Mining Company vs 48 Albert C Koch**
The defendant withdraws his motion for security for costs and files and answer herein.
**Sallie B Dimick vs 435 Horace E Dimick**
Default.
Now Comes the plaintiff, by her attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed.
**Tallmadge Stevens vs 523 Charles Burchard**
On motion of the plaintiff ten days is given him to reply herein.
**Thomas Rector vs 59 Cornelius D Sullivan**
The defendant withdraws his motion for security for costs herein.
**Carl Wittig vs 160 John Ruedi**
On Petition for Injunction.
Now come the parties by their attorneys, and submit the petition of John Ruedi for an injunction herein to the Court and the Court having duly heard and considered the same, doth order that the injunction restraining all proceedings under an execution mentioned the said petition be an the same is hereby dissolved and vacated. It is further ordered that the said John Ruedi pay the costs of this proceeding.
**Irwin Z Smith vs Henry Hitchcock and Thomas H West**
Now comes the plaintiff and files a petition, and thereupon come the defendants and waiving the issue and service of process center their appearance to the action.
**Benedict Milburn vs 347 George W Cable**
The defendant withdraws his motion herein and files an answer.
**Alexander Beal et al vs 330. Francis Hofelmann**
The defendant withdraws his motion to dismiss this suit.
**The Callaway Mining and Manufacturing Company vs 393 George W Clark et al**
On consideration of the motion for security for costs herein it is ordered that the same be sustained.
**Vincent Boisanbin vs 73 William G Miller**
The Plaintiff files a bond for costs herein with J T Rice as security, which is approved by the Court.
**Louis C Garnier vs 270 The City Bank of St Louis et al**
Motion to strike out parts of answer and motion for the appointment of a receiver filed.
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**Viewer Page 480** (rcdbook1858_28_0479.jpg)
> Handwritten Page Number on Record Book: 476
**Andreas Birk vs 329 William Turton Jr et al**
On consideration of the demurrer herein, it is ordered that the same be sustained.
**Edwin J Brown et al vs 138 Henry Lyon**
On consideration of the motion to strike out part of the answer herein it is ordered that the same be overruled.
**Andreas Birk vs 462 William Turton Jr et al**
The defendants motion to strike out the petition herein being heard and fully understood by the Court it is ordered that the same be sustained. Ten days is given the plaintiff to amend.
**Samuel S Douglass et al vs 207 John B Grady et al**
Motion to set aside judgment filed.
**Wilson King vs 611 Thomas Brown et al garns of Ohio Mississippi R R Co**
Ten days is given the plaintiff to file a denial of the answer of the garnishee Thomas Brown, Denial filed.
**Fleming Pates vs 616 Adolphus Dentelmoser garns of John Valentine et al**
The said garnishees motion to strike out the fourth, fifth and sixth interrogatories filed herein, being heard and fully considered by the Court it is ordered that the same be sustained.
**Providence Tool Company vs 570 Miles G Moies**
On consideration of the motion to strike out the answer herein it is ordered that the same be overruled.
**Alijah Whiting et al vs 781 St Louis Lumberman and Mechanics Insurance Company**
Now comes the defendant, by its attorney, and the plaintiffs having failed to amend herein, it is on motion of the defendant, ordered by the Court that the judgment on the demurred herein be made final and absolute. It is therefore considered by the Court that the said plaintiffs take nothing by their suit in this behalf, but that the defendant go hence without day and recover of the plaintiffs its costs herein expended and have execution therefor.
**John J Haley et al vs George Geisel garns**
Denial of garnishees answer filed.
**John Shillitto et al vs Richard J Lockwood and William H Pearson garns of James Gormley**
The said garnishee file an answer herein.
---
**Viewer Page 481** (rcdbook1858_28_0480.jpg)
> Handwritten Page Number on Record Book: 477
**J Wolff et al vs W Bracker et al**
Plea in abatement filed.
**Reese J Thomas vs William H Parkinson, Samuel Wood and Benjamin L Shaw.**
Now comes the plaintiff, by his attorney, and submits to the Court his motion for an execution on the judgment rendered herein on the 11th day of December, 1857, to the Court and the Court having duly heard and considered the same doth order that an execution issue herein in accordance with said motion.
**Pierre A Berthold, Julius H Smith and Macklot Thompson vs John H Fisher.**
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by affidavit whereby he confesses himself indebted to the plaintiffs in the sum of nineteen hundred and twenty seven dollars and thirty five cents, and consents that judgment may be rendered against him in favor of the plaintiffs for that sum. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as confessed and their costs herein expended and have execution therefore.
**Alexander J P Garesche administrator of William Farrell deceased et al vs 43 Ann Brennon administratix of James Brennon deceased et al**
Now again come the parties, by their attorneys, and thereupon come also the Jury empanelled and sworn herein and upon their on the say they are unable to agree upon a verdict; wherefore, it is ordered by the Court that the said Jury be discharged and this caused continued until the next term of this Court.
---
**Viewer Page 482** (rcdbook1858_28_0481.jpg)
> Handwritten Page Number on Record Book: 478
Court met pursuant to adjournment. Present as before.
**Abijah Whiting and Dexter G Hitchcock vs 8. Nathan W Jones**
Petition on Contract.
Now come the parties, by their respective attorneys, and the defendant files a motion for security for costs herein, which being seen heard and fully understood by the Court, it is ordered that the same be overruled; and the parties waiving a Jury submit this cause to the Court, and thereupon the trial progressed and being finished the Court takes time to consider what judgment shall be rendered herein.
**State use of Jas Ipold vs Samuel Jacoby et al**
Depositions for plaintiff opened and filed.
**James M Thompson et al vs 258. Wm D W Barnard et al**
Depositions for plaintiff opened and filed.
**Vincent Boisanbin vs 73 William G Miller et al**
The defendants file an answer herein.
**Peter Wiles et al vs 130 Rudolph Bircher**
Answer filed by consent of parties.
**Lewis P James et al vs 293. Samuel Frederick et al**
On consideration of the demurrer to the petition herein it is ordered that the same be overruled. Ten days given to answer.
**Louis C Garnier vs 596 Geo B Sanderson et al garns**
Denial of answer of Sanderson filed.
**In the matter of the Steam Boat Polar Star**
Claim of Wilgus Noble and Company filed.
**John J Roe et al vs 428 Thomas L Moore et al**
Ordered that an alias summons issue herein for defendants James A Stockton and Danl W Wheeler.
**Joshua Bennett et al vs Wm C Wagley et al**
Order that an alias summons issue herein.
**George Schaeffler et al vs 466 Robert Montgomery**
Order that an alias summons issue herein.
---
**Viewer Page 483** (rcdbook1858_28_0482.jpg)
> Handwritten Page Number on Record Book: 479
**John B Henderson vs Edward A Goodrich garns**
Continued by consent.
**Francis M Faul et al vs 206 Jno H Tighe**
Motion to strike out part of answer filed.
**James C Rainey vs 23. Michael Burk et al**
Continued on affidavit at defendants costs.
**David C Peacock vs 305 Cornelius D Sullivan et al**
Receipt for costs of taking depositions filed.
**Sextus N Wilcox et al vs 354 Perry Fenlason**
Replication and exhibit A filed.
**State use of Ipold vs Samuel Jacoby et al**
Motion to suppress depositions filed.
**Jacob Rhodes vs 383 Wm G Webb**
On consideration of the demurrer to the petition herein, it is ordered that the same be sustained. Ten days is given to amend.
**Isaac C Cable et al vs 85 Samuel Gaty et al**
The defendants demurrer to the petition herein being heard and fully considered by the Court it is ordered that the same be sustained, amended petition filed by leave of Court.
**Jacob Facker vs 186 Henry Fackler admr**
Continued.
**Morris Langhorne Sr et al vs Joseph L Papin et al garns**
Continued.
**Charles Speck et al vs 145. S H W Jas E Woodruff**
Continued on application of plaintiffs at their costs.
**Patrick Leahey et al vs 238 Francis Dugdale's admrx**
Continued on application of plaintiffs at their costs.
**Henry Von Phul et al vs 246 Robert Stevens garns**
Continued.
**John A Ubsdell et al vs 30 Jno Cunningham**
Continued.
---
**Viewer Page 484** (rcdbook1858_28_0483.jpg)
> Handwritten Page Number on Record Book: 480
**Harvey H Humphrey admr vs 13 James Castello**
Continued.
**Geo Whites assignee Vs 220 Jno Murrin**
Continued by consent.
**Andrew A Vanzeyst vs 96 Illinois Central R R & Co**
Continued.
**Danton Gurnee et al vs 251 W W Chappellear**
Continued.
**St Louis and Iron Mountain Rail Road Company vs 416 Louis G Picot**
Continued.
**St Louis & Iron Mountain Rail Road Company vs 422 John Sigerson et al**
Continued.
**Zebulon F Wetzell et al vs 22 Jno Nevison**
Continued.
**John Merrick vs 34 Wm C Smith**
Continued.
**State use of Jackson, trustee vs 234 Chester W Pomeroy et al**
Continued as on affidavit at plaintiffs costs.
**William Wade et al vs 78 Joseph B Holland**
Continued on application of plaintiffs at their costs.
**Samuel McKee vs Joseph H White**
Motion for Execution filed.
**Amable Benoist vs 127 Catharine Benoist**
Dismissal.
On motion of plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**The State of Missouri to the use of John Stoddard, Chauncy Stoddard Jr and Arnold Stoddard vs 357 Michael S Curre, James H Lucas, and Henry G Soulard**
On Bond.
Now come the parties, by their respective attorneys, and by consent the plaintiffs dismiss this suit as to the defendants, James H Lucas and Henry Soulard; and the plaintiffs and the defendant Cure, agree that judgment may be rendered herein against said defendant in favor of said plaintiffs for the sum of two hundred and twenty dollars. It is therefore considered by the Court that the plaintiffs recover of the said defendant the sum aforesaid in form aforesaid as agreed upon and their costs herein expended and have execution therefor. Thereupon the plaintiffs, by their attorney, acknowledge to have received full and entire satisfaction of the above judgment.
**Samuel Engler vs 46 Benjamin F C Champion and Joseph L Papin**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the costs of the defendants and that execution issue therefor.
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**Viewer Page 485** (rcdbook1858_28_0484.jpg)
> Handwritten Page Number on Record Book: 481
**Firmin Cousinerry et al vs 195 Benjamin F C Champion et al**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the costs of the defendants and that execution issue therefor.
**Firmin Cousinery et al vs 520 Benjamin F C Champion et al**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the costs of the defendants and that execution issue therefor.
**John S Sover vs Andrew J Morrison**
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by affidavit, whereby he confesses himself indebted to the plaintiff in the sum of Six hundred dollars and consents that judgment may be rendered against him for that amount. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as confessed and his cost herein expended and have execution therefor. The parties consent that the issue of execution herein be stayed until the first day of October next.
**John B Ghis vs 447 George B Field and William Hassinger**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of five hundred and twenty nine dollars and thirteen cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid inform aforesaid as founded and his costs herein expended and have execution therefor.
**The State Fire and Marine Insurance Company of Pennsylvania. vs 689 The Callaway Mining and Manufacturing Company and Algernon S Roberts Jr**
On note.
Now comes the plaintiff, by its attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of six hundred and twenty five dollars and fifty one cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as founded and its costs herein expended and have execution therefor.
**Robert Lindsay et al vs 81 Edward K Woodward**
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.
**George Moore vs 158 Mary Moore**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
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**Viewer Page 486** (rcdbook1858_28_0485.jpg)
> Handwritten Page Number on Record Book: 482
**Julia M Guitar vs 210 Henry Guitar**
Dismissal.
This cause being called for trials and no one appearing to prosecute the same it is ordered that the same be dismissed.
**Patrick Barrett vs 225 Luirt Weed et al**
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 St Louis and Iron Mountain Railroad Company vs 319 David H Armstrong**
Non suit.
Now comes the defendant by his attorney, but the plaintiff although duly called comes not, wherefore on motion of the defendant it is ordered that the plaintiff be non suited. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf but that defendant go hence without day and recover of the plaintiff his costs herein expended and have execution therefor.
**The St Louis and Iron Mountain Rail Road Company vs 329 Irvin Gamache**
Non suit.
Now comes the defendant, by his attorney, but the plaintiff although duly called comes not, wherefore on motion of the defendant, it is ordered by the Court that the plaintiff be non suited. It is therefore considered by the Court that the plaintiff take nothing by its suit in this behalf but that defendant go hence without day and recover of the plaintiff his costs herein expended and have execution therefor.
**Paul Rohrer et al vs 308 Frederick Wales et al**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this cause be dismissed at their costs and that execution issue therefor.
**William W Glenny vs 5 James B Townsend et al**
Dismissal.
On motion of the plaintiffs, by his attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
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**Viewer Page 487** (rcdbook1858_28_0486.jpg)
> Handwritten Page Number on Record Book: 483
Court met pursuant to adjournment. Present as before.
**Sophia A Hicks vs 20 Charles C Hicks**
Proof of service filed.
**John L Ross vs 237 Horatio Clark**
Order of Publication. Attachment.
It appearing to the satisfaction of the Court that the order of publication heretofore made herein has not been published, according to law, therefore on motion of the plaintiff, by his attorney, it is again ordered that the defendant be notified that a civil action has been commenced against him for the sum of Seven thousand one hundred and twenty one dollars and ninety seven cents on account of goods wares and merchandise sold and delivered to him by the plaintiff; and that his property has been attached and unless he be and appear at the next term of this Court to be begun and held at the City of St Louis within and for the County of St Louis, on the last Monday of September next, and on or before the third day thereof answer the petition herein judgment will be rendered herein 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 Missouri Democrat a newspaper printed and published in the City of St Louis, Cause continued until next term of this Court.
**State use of James H Morrison et al vs 358 Michael S Cure et al**
Demurrer filed by defendants.
**Franz J Schilling et al vs 528 Albert Feger**
Plaintiffs file a bond for costs herein,
**State use of Edward Hogg vs 423 Michael S Cure et al**
Demurrer filed.
**State use of Robt W Clark et al vs 424 Michael S Cure et al**
Demurrer filed.
**State use of Wm L Weller vs 425 Michael S Cure et al**
Demurrer filed.
**State use of David M Smith et al vs 420 Michael S Cure et al**
Demurrer filed.
**State use of Sam L Brookes vs 429 Michael S Cure et al**
Demurrer filed.
**State use of AS Stevenson et al Vs 519 Michael S Cure et al**
Demurrer filed.
**George B Richardson vs 323 William B Howard**
Dismissal.
By consent of parties this cause is dismissed, each party paying his own costs; and it is ordered that execution issue therefor.
**James W Saynisch et al vs 213 Thomas Burke et al**
Motion to strike out set off filed.
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**Viewer Page 488** (rcdbook1858_28_0487.jpg)
> Handwritten Page Number on Record Book: 484
**Hannah Coddington vs 218 Morris Coddington**
Divorce.
Now comes the plaintiff, by her attorney, and on her motion and the defendant having made default, the Court proceeds to hear the proof herein, and the hearing being finished, and the Court being satisfied there from that the plaintiff is a person of good moral character and an injured and innocent party, it doth order adjudge and decree that she be absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant and be restored to all the rights and privileges of an unmarried person. And it appearing to the Court from the evidence adduced by the plaintiff that the defendant from his habits and course of life is an unsuitable person to have the custody and control of the child, Harriet, mentioned in the petition, it is further ordered adjudged and decreed that the plaintiff have the care custody and control of the infant child aforesaid and that the said defendant be restrained and enjoined from interfering with the plaintiff in this behalf: and it is also ordered that the plaintiff pay the costs of this suit.
**John B McIlvaine and J Banks McIlvaine vs 627 Andrew J Morrison**
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by affidavit whereby he confesses himself indebted to the plaintiffs in the sum of four hundred and fifty dollars and seventy three cents, and consents that judgment may be rendered against him in favor of the plaintiffs for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as confessed and their costs herein expended and have execution therefor. The parties consent that the issue of execution herein be stayed until the first day of October next.
**Jacob Hostetter et al vs 154 Edward W Williams et al**
Dismissal.
Agreement filed, and in accordance therewith it is ordered by the Court that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**Jacob Hostetter et al vs 155 Benjamin A Albright et al**
Dismissal.
Agreement filed, and in accordance therewith it is ordered by the Court that this cause be dismissed at the costs of the plaintiffs and that execution issue therefor.
**George Geist vs 222 Louis Schirmer and Charles F Hodzle**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called come not but make default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two hundred and seventy dollars and twenty five cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Francis P Blair vs 272 Dennis Marks et al**
On motion of the plaintiff, by his attorney, leave is given him to withdraw survey of N F Hyer and also the deposition of the said Hyer.
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**Viewer Page 489** (rcdbook1858_28_0488.jpg)
> Handwritten Page Number on Record Book: 485
**Geo P Doan et al vs 269 A Becker et al**
Answer of A Becker filed.
**George Reder vs 451 Jno G Redemeyer**
Answer filed.
**George H Wicker vs 60 George I King**
Petition.
Now come the parties, by their respective Attorneys, and thereupon come also a Jury to wit; F M Wood, James Cochran, Hugh Menown, Frederick K Merrill, Jacob Kein, A B Pettis, Joseph Moore, J H Atwell, J E Cannon, William Gillespie, George Pheagley and V Ebirle, 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 finished the Jurors aforesaid upon their oaths aforesaid find for the defendant. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf but that the defendant go hence without day and recover of the said plaintiff his costs herein expended and have execution therefor.
**State use of A J Stevenson et al vs 485 Michael S Cerre et al**
Depositions for plaintiff opened and filed.
**Calvin F Burnes vs Theodore Bredow**
Confession of Judgment.
Now come the defendant and file a statement in writing duly verified by affidavit whereby he confesses himself indebted to the plaintiff in the sum of five hundred and seventy one dollars and forty cents and consents that judgment may be rendered against him in favor of the plaintiff for that amount. It is therefore considered by the court that the plaintiff recover of the defendant the sum aforesaid inform aforesaid as confessed together with interest thereon from this date at the rate of ten percent per annum and his costs herein expended and have execution therefor.
**William T Hazard vs 253 Lyman Scott, William A Whiting and John W Hedenberg**
On account.
Now come the plaintiff and the defendant, Scott, by their respective attorneys, but the defendants, William A Whiting and John W Hedenberg, although duly summoned and called come not but make default, wherefore, on motion of the plaintiff it is ordered by the Court that the petition herein be taken against them as confessed; and thereupon come also a Jury, to wit: P Conway, D Douglass, J D McAuliff, J G Lare, S Brebaugh, Robert Sparks, Daniel Paulus, J Herble, Alexander Lieber, C F Bickers, William Long and Peter Tannot, twelve good and lawful men, who being duly elected, tried and sworn well and duly to try the [assiles ?] herein joined between the plaintiff and the defendant, Scott, and also to assess the plaintiffs damages against the said defendants, William A Whiting and John W Hedenberg, the trial progressed but not being finished further proceedings herein are deferred until tomorrow morning.
John M Krum, Esq, announces to the Court the death of the Hon Henry S Geyer, late a member of this bar, and on his motion it is ordered that this Court do adjourn, in respect to the memory of the deceased, and the following resolutions passed at a meeting holder by the members of the St Louis Bar, be spread upon the records of the Court of this day, to wit:
Meeting of the Saint Louis Bar on the death of Hon Henry S Geyer. Pursuant to announcement made through the public journals, the members of the St Louis Bar met at nine oclock, AM, this day, in the Circuit Court Room, when, on motion of
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**Viewer Page 490** (rcdbook1858_28_0489.jpg)
> Handwritten Page Number on Record Book: 486
Hon John M Krum, the Hon Edward Bates was called to the chair as President of the meeting, assisted by Hons Albert Todd and Franklin A Dick as Vice President On motion of same gentleman, Francis H Manter and Robert S Voorhies, Esq, were requested to act as Secretaries.
The President in as most appropriate manner, announced the object of the meeting to be the expression of fitting testimonials upon the decease of the Hon Henry S Geyer.
On motion of Charles D Drake, Esq. to appoint a Committee of five to report proper resolutions for the adoption of the meeting the President appointed the following gentlemen: C D Drake, J M Krum, J R Shepley, C Gibson and T C Reynolds Esqrs, who reported the following:
With profound regret the St Louis Bar are assembled to honor the memory of Henry S Geyer the oldest and one of the most distinguished of their associates. In the fullness of years he has passed away, leaving an honorable name, which will long be cherished, and longest by those who knew him best. For more than forty three years he has held his place at our Bar, and the impress of his mind is ineffaceably fixed upon the legislation and jurisprudence of Missouri. Few of his contemporaries have held so large a place in public confidence and respect as he, and fever have had the ability to win so elevated a position as his. We sincerely mourn that we shall see him no more.
Our deceased senior brother was born at Frederick town, Maryland, on the 9th of December 1790. During the war of 1812, with Great Britain, he was an officer in the army of the United States, and at its close removed to St Louis, where, on the 2d of October 1815, he was enrolled as one of the Bar. From that date until his election to the Senate of the United States in 1851, his professional career was laborious and lucrative, embracing the whole range of duty as attorney, counselor and advocate, in all of which he was preeminent; but after that year he did not engage in general practice. Through a period of more that forty three years his Clear, a cute and logical mind-unimpared to the last-dealt with all the great questions which have arisen in connection with the peculiar jurisprudence of this State, and none has been more distinctly felt by our State and Federal Judiciary in their elucidation and final determination.
His influence upon the statute law of Missouri has been no less marked. When he had been but two years in the then frontier town of St Louis, he compiled with rare accuracy and system, and published a Digest of the Laws then in force in the Territory of Missouri, which still bears his name, and has always held a position of unquestioned authority. In 1818, he was a member of the Territorial Legislature of Missouri. In 1821, he was elected a representative in the first Legislature of this State, and on taking his seat was chosen Speaker of the House. He held the same position with distinguished ability, in the second and third General Assemblies. Upon that which convened in 1824-5, devolved the difficult duty of making the first Revision of the Statute law of Missouri. He had been, by the preceding Legislature, appointed one of the revisers; and he thus had an opportunity to do much in moulding the legislation of a young State where few men could be found having the peculiar qualities which he possessed in a very eminent degree for such a work.
Again, in 1834-5, he participated laboriously and with great ability, in the enactment of the second Revision of the Statutes. His last legislative service was in the session of 1838-9.
In 1843 he was again appointed one of the Revisers of the Statutes but declined the appointment.
Throughout his legislative career he was distinguished for comprehensive views, for independent and accurate judgment, for clear perception of what was required in general legislation, and for a remarkable adaptation to the laborious and ill understood work
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**Viewer Page 491** (rcdbook1858_28_0490.jpg)
> Handwritten Page Number on Record Book: 487
of framing laws. The influences of such a man upon the Legislation of a State cannot be measured by time; it abides from generation to generation.
In his service as a Senator of the United States, he exhibited the same mental qualities which had distinguished him at home; but he entered upon it with impaired health, which was never fully restored, and the part he took in national affairs, though highly honorable to himself and his State, was less active and less marked than it would have been had his physical vigor been unimpaired.
His mind was logical, acute, fertile, elastic, analytical, and vigorous. His legal learning was varied and profound, and he wielded it with a skill and power equaled by very few. His forensic efforts, whether before a Court or Jury, were always impressive, and often exhibited the highest order of ability. The always rose in power and brilliancy with the demands of the occasion. At the Bar, and in private life, he was a courteous and honorable gentleman.
Such is a brief and faint outline of the life and character of one who name has long held an eminent rank among us, and in whose removal from our midst we, as a body, in common with the hole community, have suffered a loss which we cannot hope soon to see repaired.
In view of this sad event it is.
Resolved,-1. That, we tender to the family of the deceased, our sincere sympathy and condolence in the bereavement which has fallen upon them.
2. That, we will wear the customary badge of mourning for thirty days.
3. That we will assemble in the Common plea Court Room, this afternoon, at one o'clock, and proceed thence, in a body, to attend the funeral of the deceased.
4. That, a copy of the proceedings of this meeting be transmitted to the widow of the deceased, and that the same be published in the papers of this City.
5. That, committees be appointed to announce to the different Courts the decease, and to request that the proceedings of this meeting be spread at large upon their respective records.
Upon these resolutions Messrs Drake, Wright, Krum, and Reynolds made just and eloquent tribute to the character and virtues of the deceased in all the departments of life in which he was called upon to act. On motion of Henry N Hart, Esq, the resolutions were unanimously adopted; and on motion of Charles D Darke Esq, the President was selected by the meeting to present the proceedings of the same to the Supreme Court of the State. To present the same to the inferior Courts the following members of the par were appointed by the President US Circuit Court, Thomas T Gantt, Esq; US District Court, John G Page, Esq; St Louis Circuit Court, John McKrum, Esq; St Louis Court of Common Pleas, Charles D Drake, Esq; St Louis Land Court, R M Field, Esq; St Louis Criminal Court, Urie Wright, Esq:
The meeting then adjourned on motion of C D Drake Esq.
**T H Manter R S Voorhies**
Secretaries.
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**Viewer Page 492** (rcdbook1858_28_0491.jpg)
> Handwritten Page Number on Record Book: 488
Court met pursuant to adjournment. Present as before.
**Henry M Buckner et al vs 7 Frederick A Schmucker et al**
The defendants file an answer herein.
**David P Clay vs 623 Jacob B Fluno**
Assignment of Judgment to Luther Colby Filed.
**Albert D Glover vs 267 Thomas Thomas et al**
Amended answer of Thomas Thomas filed.
**Thomas Reyburns admrx vs 365 Thomas A Lonergan**
Answer to amended petition filed.
**Benn C Platt vs 11 William Bevard**
Depositions for plaintiff opened and filed.
**William B Lent et al vs 488 William Baugh**
Depositions for plaintiff opened and filed.
**Thomas J Woods et al vs 502 Martin Burk et al**
Depositions for plaintiffs opened and filed.
**Samuel McKee vs 755 Joseph H White**
Now comes the plaintiff, by his attorney, and submits his motion for an execution to the Court, which being seen heard and fully understood, it is ordered that the same be sustained and that execution issue for the amount of the judgment rendered herein and the costs in this suit expended.
**Aaron Kemp and George W Demp vs Andrew J Morrison**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and the defendant, in person also comes and files a statement in writing duly verified by affidavit whereby he confesses himself indebted to the plaintiffs in the sum of nine hundred and eight dollars and sixty three cents and authoriges the Court to enter judgment against him in favor of the plaintiffs for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as confessed and their costs herein expended and have execution therefor. The parties consent that the issue of execution herein be stayed until the first day of October next.
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**Viewer Page 493** (rcdbook1858_28_0492.jpg)
> Handwritten Page Number on Record Book: 489
**John R Shepley and William Waddingham Executors of William Waddingham dec'd vs 507 H M Wheeler**
Order of Publication. Attachment.
It appearing to the satisfaction of the Court that the defendant cannot be summoned in this action, it is therefore on motion of the plaintiffs, by their attorney ordered that the defendant be notified that a civil action has been commenced against him for the sum of one hundred and fifteen dollars and fifteen cents founded on a note executed by the defendant, and that his property has been attached, and unless he be and appear at the next term of this Court to be begun and holder at the City of St Louis, within and for the County of St Louis on the fourth Monday of September next and on or before the third day thereof answer the plaintiffs petition, judgment will be 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 Missouri Democrat, a newspaper printed and published in the City of St Louis.
**Louisa Baumgarden vs 115 Frederick Ernest Baumgarden**
Now come the parties, by their respective attorneys, and submit the defendants demurrer to the petition herein to the Court, and the Court having duly heard and considered the said motion doth order that the same be sustained.
**John O Neill vs 310 The Red Bud Union Mill Co**
On consideration of the demurrer to the petition herein it is ordered that the same be overruled.
**John A Dutcher et al vs 408 Dudley R Williams et al**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this cause be dismissed at their costs and that execution issue therefor.
**Joseph L Derbin et al Vs 25 Jno H Span et al**
Now comes, in proper person, Henry Hitchcock, assignee of the judgment rendered in favor of the plaintiffs herein, and dismisses this application for an execution against the defendants.
**William T Hazard vs 253 Lyman Scott, William A Whiting and John W Hedenberg**
On account.
Now come again the plaintiff and the defendant, Scott, by their respective attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial progressed but not being finished further proceedings herein are deferred until tomorrow morning.
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**Viewer Page 494** (rcdbook1858_28_0493.jpg)
> Handwritten Page Number on Record Book: 490
Court met pursuant to adjournment. Present as before.
**James G Human et al vs 320 Henry I Cuniffe et al**
Depositions for plaintiffs opened and filed.
**Percival Platt vs 10 William Bevard**
Depositions for plaintiff and for defendant opened and filed.
**Aemilius K Sayre vs Jules C Kingsbury et al**
Depositions for plaintiff opened and filed.
**Joel W Norcross et al vs 178 Henry Hudson**
Depositions for plaintiff opened and filed.
**James G Human et al vs 320 Henry J Cuniffe et al**
Depositions for plaintiff opened and filed.
**William H Oliver vs 379 Adams Express Company**
Depositions for plaintiff opened and filed.
**William A McDowell vs 61 George J King**
Continued as on affidavit at plaintiffs costs.
**The State of Missouri to the use of Joseph Ipold vs 513 Samuel Jacoby et al**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the costs of the defendants and that execution issue therefor.
**William T Hazzard vs 258 Lyman Scott, William A Whiting and John N Hedenberg**
On account.
Now come again the plaintiff and the defendant, Scott, by their respective attorneys, and also the Jury empanelled and sworn herein, and on motion of the plaintiff. it is ordered that the default herein taken against the defendant John W Hedenberg, be and the same is hereby set aside, and thereupon the plaintiff dismissed this suit as to said defendant, Hedenberg; thereupon the trial of this cause progressed and being finished the Jurors aforesaid upon their oaths find for the plaintiff on his claim against Scott, and against Scott on his counterclaim against the plaintiff and assess the plaintiffs damages against Scott and Whiting at the sum of four thousand and nine dollars and fifty cents. It is therefore considered by the Court that the said plaintiff recover of the said defendants the sum aforesaid in form aforesaid in form aforesaid as assessed and his costs herein expended and have execution therefor.
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**Viewer Page 495** (rcdbook1858_28_0494.jpg)
> Handwritten Page Number on Record Book: 491
**John S Thompson et al vs 543 William Bennett et al**
Replication filed.
**John Grether vs 118 William B Watson**
Petition replevin.
Now come the parties by their respective attorneys, and thereupon come also a Jury to wit; F M Wood, Joseph Cochran, F Miller, Jacob Kern, A Pettes, J E Carson, William Gillespie, Geo Phoegley, V Eberle, P Deagerly, ten good and lawful men who being by consent duly elected, tried and sworn the issues herein joined well and truly to try the trial progressed, but not being finished further proceedings are deferred until tomorrow morning.
Court met pursuant to adjournment. Present as before.
W M Davis, whose is proven by the testimony of J W McAfee, and R B Garnett, acknowledges the execution of a deed of emancipation to his slave Malinda of mulatto color about five feed nine inches in height.
**John H Ferguson vs 301 Joseph Garnean**
Depositions for plaintiff opened and filed.
**James Waugh vs 514 Leon J Papin et al**
Proof of Publication.
Now comes the plaintiff, by his attorney, and files proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
**John R Gill vs 485 George King**
On account.
Now come the parties by their respective attorneys, and agree that judgment may be rendered herein in favor of the plaintiff and against the defendant for the sum of one hundred dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as agreed upon and his costs herein expended and have thereof execution.
**Thomas J Wood et al vs 502 Martin Burk et al**
By leave of Court plaintiffs amend their petition herein by striking out on the first and second lines on the third page thereof the words the mere overloading of the said wharf boat by. Fifteen days given to answer. Cause Continued. Motion to strike out parts of petition filed.
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**Viewer Page 496** (rcdbook1858_28_0495.jpg)
> Handwritten Page Number on Record Book: 492
**Priscilla Battimore vs Jackson Bodkins**
Depositions for plaintiff opened and filed.
**Henry T Helm et al vs 341 Daniel Wolf**
By leave of Court plaintiffs withdraw the note suedon and file a copy thereof.
**William M Lyon vs 530 Oliver A Hart**
Depositions for defendant opened and filed.
**Albert D Glover vs 267 Thomas Thomas et al**
Motion to strike out parts of amended answer of Thomas Thomas filed.
**Victor A Sartori vs 79 Samuel T Jacoby and George W Jacoby**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of five hundred and sixty two dollars and seventy nine cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**John Grether vs 118 William B Watson**
Petition in Replevin.
Now come again the parties by their respective attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial progressed, but the plaintiff says he will not further prosecute his suit in this behalf but voluntarily takes a nonsuit. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf but that the defendant go hence without day and recover of the plaintiff his costs and charges herein expended and have execution therefor. The plaintiff files a motion to set aside the no suit herein.
**Robert Stevens vs 339 Brainard Million et al**
Ordered that a Pluries Summons issue herein for Jno S Million.
**Augustus W Lewis vs Nicholas Dausch**
Confession of Judgment.
Now comes the defendant, and files a statement writing duly verified by affidavit, whereby be confesses himself indebted to the plaintiff in the sum of six hundred dollars and consents that judgment may be rendered herein in favor of the plaintiff an against him for that amount. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as confessed and his costs herein expended and have execution therefor.
**Lewis P James et al vs 293 Samuel Frederick et al**
Answer filed.
**Irwin Z Smith vs Henry Hitchcock et al**
Answer filed.
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**Viewer Page 497** (rcdbook1858_28_0496.jpg)
> Handwritten Page Number on Record Book: 493
**Henrietta Myers vs 349 Henry Myers**
Dismissal.
On motion of the plaintiff by her attorney, it is ordered by the Court that this cause be dismissed.
**Francis Hamilton vs 345 Frederick Myers etal**
Continued as on affidavit at plaintiffs costs.
**George Pomeroy etal vs 344 Ezra O English etal**
Dismissal.
By consent of parties it is ordered by the Court that this cause be dismissed at the costs of the defendants and that execution issue therefor.
**John Wait vs 266 John Kinnard etal**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at the costs of the defendants and that execution issue therefor.
**George Goss etal vs 370 H B Merritt etal**
Continued on affidavit at defendants costs.
**St Louis & Iron Mountain Rail Road Company vs 204 Frederick Schulenberg etal**
Continued.
**Jacob Ersminger surviving partner &c vs 383 John Baker etal**
Continued.
**Frederick Heaman vs 361 Martin Hamerle**
Continued on affidavit at defendants costs.
**John Burke vs 222 Edward F Dix**
Continued as on affidavit at plaintiffs costs.
**Henry Wells President of American Express Company vs 150 Michael A O Rourke**
Continued by consent at plaintiff costs.
**New Albany Insles and others vs Dwyer and M Cord garns**
Reply of garnishees filed.
**Independence Mining Co vs 48 Albert C Koch**
Reply filed.
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**Viewer Page 498** (rcdbook1858_28_0497.jpg)
> Handwritten Page Number on Record Book: 494
Court met pursuant to adjournment. Present as before.
**William T Hazard vs 253 Lyman Scott etal**
Motion for a new trial filed.
**Richard H Smith vs 302 Thomas Seaverson**
Default.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed Cause continued.
**Michael Murphy vs 621 Calvin C Burt garnishee of Archie Campbell etal**
Order of Citation.
Now comes the plaintiff, by his attorney and submits to the Court his motion for an order on the claimant of the find garnisheed to appear and sustain claim and it appearing to the Court that the said garnishee alleges in his answer that the fund garnisheed in his hands has been assigned by the defendant Archie Campbell to one George Pipe, the existence force or validity of which assignment is contested by the plaintiff therefore it is ordered by the Court that the said George Pipe appear forthwith and sustain his claim, if any he have, to said fund.
**Edward P Tesson vs 597 Frederick M Colburn et al garns of Terre Haute. Alton & St Louis R R Co**
On motion of Joshua H Alexander, by his attorney, it is ordered by the Court that the default herein taken against him be set aside; Leave given said Alexander to answer.
**Lewis Emmons vs 26 A B Fenton etal**
Depositions for plaintiff opened and filed.
**Thomas Ryan and Franklin K Louthan vs James Cunningham**
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by affidavit whereby he confesses himself indebted to the plaintiffs in the sum of Six hundred and twenty one dollars and ninety eight cents, and consents that judgment may be rendered against him for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as confessed together with interest thereon from this date until paid and their costs herein expended and have execution therefor.
**John Brooks vs 501 George T Brady etal**
On consideration of the defendants motion for security for costs herein, it is ordered that the same be sustained. Ten days to file security. Separate answers filed.
**John Brooks vs 502 George T Brady**
It is ordered that the motion for security for costs be sustained. Ten days to file security. Answer filed.
---
**Viewer Page 499** (rcdbook1858_28_0498.jpg)
> Handwritten Page Number on Record Book: 495
**Henry Kraus et al vs 537 Charles S Coxe et al**
Agreement filed.
**Joseph Schnaider vs Andreas Knehler et al**
Answer and set off filed.
**Peter D Mueller vs 27 R McEldowney**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at the plaintiffs costs and that execution issue therefore.
**Jermina A Crisman vs 168 William Crisman**
Default.
Now comes the plaintiff, by her attorney, but the defendant although duly warned and called comes not but makes default, wherefore on motion of the plaintiff, by her attorney, it is ordered by the Court that the petition herein be taken against him as confessed.
**George W Brackett vs 598 Fred K M Colburn et al garns of Terre Haute Alton & St Louis R R Co**
On motion of Joshua H Alexander, by his attorney, it is ordered by the Court that the default herein taken against him be set aside and for naught held. Leave given said Alexander to answer herein.
**The Callaway Mining and Manufacturing Company vs 393. George W Clark et al**
Plaintiff files a bond for costs herein.
**Norman Culter vs 61 William Waddingham et al**
Now comes the plaintiff, by his attorney, and submits to the Court his motion to make the City of St Louis and certain other parties defendants to the Court, and it appearing to the Court that Bryan Mullanphy has departed this life, and that the City of St Louis, as devises of said Bryan Mullanphy, is owner of a portion of the interest of said Bryan, is any, in the land in controversy in this suit, and that Eliza Clemens has departed this life and that James B Clemens, Bryan M Clemens, Jeremiah W Clemens, Catharine J Clemens, Helen J Clemens, and Alice B Clemens are the children and heirs at law of said Eliza Clemens, and it also appearing to the Court that on the twenty second day of January, eighteen hundred and fifty eight, a scire facias issued out of this Court returnable to the February Term, eighteen hundred and fifty eight against said City of St Louis and the said children and heirs of said Eliza Clemens requiring them to show cause why they should not be made parties to this suit and said sure facias has been duly sewed upon the said parties. It is therefore ordered by the Court that the said City of St Louis, James B Clemens, Bryan M Clemens, Jeremiah W Clemens, Catharine J Clemens, Helen J Clemens and Alice B Clemens be and they are hereby made defendants to this suit, and that the plaintiff prosecute the same against the said City of St Louis and children and heirs of said Eliza Clemens and the other defendants in this suit.
**George Burklin vs 371 Heinrich Boernstein et al**
The Court having duly heard and considered the defendants motion for security for costs herein and being thereof fully advised doth sustain the same, and doth order that the plaintiff file security for costs herein within ten days.
---
**Viewer Page 500** (rcdbook1858_28_0499.jpg)
> Handwritten Page Number on Record Book: 496
**Louis C Garnier vs 134 The City Bank of St Louis et al**
Appointment of Receiver.
Now comes the plaintiff, by his attorney, and submits his motion for the appointment of a receiver to the Court and the Court having duly heard and considered the same doth order that Augustus N Berthoud be and he is hereby appointed Receiver in this cause with the power and duty to collect, receive, sue for and recover the subscriptions to the capital stock of the said City Bank of St Louis and also to take charge of the leasehold interest of said City Bank of St Louis mentioned in the plaintiffs petition; and the said Receiver is hereby directed to proceed with diligence to settle and collect the subscriptions to the capital stock of said City Bank subject to the further orders and directions of the Court, and make report of his proceedings herein; and the said Receiver is hereby required before entering on the discharge of his duties to file a good and sufficient bond in the sum of ten thousand dollars, conditioned according to law.
**George Burklin vs 372 Adalbert Lochr et al**
The Court having duly heard and considered the defendants motion for security for costs herein and being thereof fully advised doth sustain the same and doth order that the plaintiff file security for costs herein within ten days from this date.
**S H Bullen Cashier, who sues for the use and benefit of the President Directors and Company of the Bank of Kentucky vs 432 Nence Valle, Wilby Powell, and Cyrus G Hoyt.**
On Bill of Exchange.
Now comes the plaintiff, by his attorney, but the defendants although duly summoned and called come not but make default, wherefore, on motion of plaintiff, it is ordered by the Court that the petition herein to taken against them as confessed; and the Court finds from the instrument inserting on which this action is founded that the defendants are indebted to the plaintiff in the sum of five thousand eight hundred and forty six dollars and thirty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have thereof execution.
**S H Bullen, Cashier, who sues for the use and benefit of the President, Directors and Company of the Bank of Kentucky vs 452 Nerce Valle, Willy Powell and Cyrus G Huyh**
On Bill of Exchange.
Now comes the plaintiff, by his attorney but the defendants although duly summoned and called, come not but make default, wherefore, on motion of the plaintiff it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of five thousand nine hundred and fourteen dollars and twenty cents. It is there fore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefore.
**Samuel H Bailey vs 350 Isaac T Wise**
On consideration of the plaintiffs motion to strike out parts of the answer herein, it is ordered that the same be sustained.
**Tallmadge Stevens vs 523 Chas Burchard**
Reply to Supplemental answer filed.
Motion to strike out reply filed.
---
**Viewer Page 501** (rcdbook1858_28_0500.jpg)
> Handwritten Page Number on Record Book: 497
**John J Haley et al no 613 Frederick Spies garns of Hofelman**
The plaintiffs exceptions to said garnishees answer being heard and fully considered by the Court it is ordered that the same be sustained. Ten days given to amend.
**George Lefevre et al no 849 Daniel T Wright and Turner Maddox garns of Hinton.**
The motion to discharge said garnishees being heard and fully considered by the Court it is ordered that the same be overruled.
**Edward P Tesson no 597 Frederick M Colburn et al garns of Terre Haute A St R R Co**
The plaintiffs exceptions to the answer of the garnishees Geo T Camp and Charles E Maurice being heard and fully considered by the Court it is ordered that the same be sustained. Ten days given to amend.
**George W Brackett no 598 Fredk M Colburn et al garns of Terre Haute Alon & St Louis R R Co.**
The plaintiffs exceptions to the answer of the garnishees George T Camp and Chas E Maurice being heard and fully considered by the Court it is ordered that the same be sustained. Ten days given said garnishees to amend.
**Vincent Boisanbin no 73 William Miller**
The defendant withdraws the motion for security for costs herein.
**Thomas Bassett et al no 244 Peter Ambo**
The plaintiffs motion to strike out defendants answer and counterclaim and for judgment being heard and fully understood by the Court, it is ordered that the same be overruled.
**State of Missouri use of Jas Castello no 546 William J Kennedy**
The demurrer to the petition herein being heard and fully considered by the Court it is ordered that the same be overruled. Ten days is given defendants to answer.
---
**Viewer Page 502** (rcdbook1858_28_0501.jpg)
> Handwritten Page Number on Record Book: 498
Court met pursuant to adjournment. Present as before.
Emanuel Block, who is personally Known to the Court, acknowledges the execution of a deed of emancipation to his slaves Julia a mulatto woman aged about thirty seven, and her two children Dora aged about five years, and Eddij between two and three years.
**Percival Platt vs William Bevard**
Depositions for plaintiff opened and filed.
**Henry F Given et al vs 448 George F Hill**
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against the said defendant as confessed.
**Henry T Helm et al vs 341. Daniel Wolf**
Dedimus to Illinois for plaintiffs.
**Henry Block et al vs 898. Chas W Herbert et al**
On motion of the plaintiffs, by their attorney, leave is given them to withdraw the alias summons issued to Jefferson Country.
**Henry Pike vs Myron F Benjamin, Oscar N McKinney, and J Elliot [Duryce ?]**
Order of Publication. Attachment.
Now comes the plaintiff, by his attorney, and on his motion, and it appearing to the satisfaction of the Court that the defendants cannot be summoned in this action, it is ordered by the Court that they be notified that a civil action has been commenced against them for the sum of three hundred and fifty one dollars and eighty seven cents, founded on two promissory notes executed to the plaintiff by the dependants, under the name and style of Myron F Benjamin and Company, and that their property has been attached and unless they be and appear at the next term of this Court to be begun and holder at the City of St Louis within and for the County of St Louis, on the last Monday of September next, and on or before the third day thereof answer the plaintiffs petition judgment will be 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, newspaper printed and published in the City of St Louis. Cause Continued.
**Hugh M [Kelvy ?] vs 849 William Wade et al**
Continued.
**Nathan Allen vs 528 A A Le Beau et al**
Continued.
**Joseph Newman vs 604 Jas Mierson**
Continued.
**St Louis and Iron Mountain Rail Road Company vs 758 Johannes Lorenz**
Continued
**St Louis and Iron Mountain Rail Road Company vs 759 Amos Andrews**
Continued.
---
**Viewer Page 503** (rcdbook1858_28_0502.jpg)
> Handwritten Page Number on Record Book: 499
**St Louis and Iron Mountain Rail Road Company vs 762 Charles C Kubler etal**
Continued.
**Louisa Ripper vs 829 Jno Ripper**
Continued.
**Michael J Dohan etal vs 88 Andrew J Morrison**
On motion of the plaintiffs, by their attorney, leave is given the Clerk to affix the Jurat to the affidavit to the petition as of the Seventeenth day of November eighteen hundred and fifty eight, nunc protine, which is done. Thereupon the Court doth overrule the defendants motion to dissolve the attachment herein.
**Luther Laflin, Solomon A Smith, Sylvester H Laflin, Fordyce L Laflin and Joseph [McBoies ?] vs 183 Marshall Hays, Robert [Robinson ?], William W Martin, and Robert Wason**
Order of Publication. Attachment.
It appearing to the satisfaction of the Court that the defendants cannot be served with the ordinary process of law, therefore, on motion of the plaintiffs, by their attorney, it is ordered by the Court, that they be notified that a civil action has been commenced against them [on account ?] of the storage of certain powder by the plaintiffs for and on account of the defendants, amounting to the sum of three hundred and ninety eight dollars and twenty five cents; 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 within and for the County of St Louis on the last Monday of September next and on or before the third day thereof answer the plaintiffs petition judgment will be 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 a newspaper printed and published in the City of St Louis.
**George Rogers vs 490 Leopold Mayer**
Now comes the plaintiff, by his attorney and files proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
**Clemens Buster vs 57 Johannes Weber**
On notes.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against the said defendant as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum or two hundred and thirty three dollars and eighty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have there for execution.
**Edward Dobyns vs 789 Wm C Hull etal**
Continued by consent.
**Mary E Triplett vs 788 Wm C Hull etal**
Continued by consent.
**Thompson Stout vs 830 Anthony L Knapp etal**
Continued.
**James G McPhuters vs 617 Wm Wible**
Continued.
---
**Viewer Page 504** (rcdbook1858_28_0503.jpg)
> Handwritten Page Number on Record Book: 500
**State use of Peter J Peters vs 750 Luther M Shreve etal**
Continued.
**Robert Jackson vs 842 Mallet C Jackson**
Continued by consent at the plaintiffs costs.
**John T Horst vs T W Graewe, August Kenne and Jacob [Suelser ?]**
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Suelser, but the defendants T W Graewe and August Keune, although duly summoned and called, come not but make default, wherefore, on motion of the said plaintiff it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two hundred and thirty nine dollars and forty two cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefore. Judgment to bear eight per cent interest.
**Charles M Elleard vs 54 Moses F White**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefore. By leave plaintiff withdraws note sued on.
**John C Kelly vs 61 James M White etal**
Dismissed.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefore. Note withdrawn by plaintiff by leave of Court.
**David Wilson vs 60 Moses F White**
Dismissal.
On motion of the 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. Plaintiff withdraws note by leave of Court.
**Geo D English etal vs 55 Moses F White**
Dismissal.
On motion of the plaintiff, by his attorney it is ordered by the Court that this cause be dismissed at the plaintiff costs and that execution issues therefore. Plaintiff withdraws note by leave of Court.
**Frances M Miller vs 482 Geo W Miller**
Dismissal. Divorce suit.
By consent of parties, it is ordered by the Court that this cause be dismissed at the defendants costs and that execution issue therefore.
**Louis A Benoist etal vs 635 Edward Wyman etal**
Dismissal.
On motion of the plaintiff, by his attorney it is ordered by the Court that that this cause be dismissed at the plaintiff costs and that execution therefore.
**Clarence M Brooks serving partner vs 627 The St Louis Floating Dock and Insurance Company**
Dismissal.
On motion of the plaintiff, by his attorney it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefore.
---
**Viewer Page 505** (rcdbook1858_28_0504.jpg)
> Handwritten Page Number on Record Book: 501
**Nathaniel W Floyd vs 197 Jesse Dean etal**
Ordered that a dedimus issue to Pennsylvania for defendant Jesse Dean.
**George Burklin vs 373 James L [Faucett ?]**
The Court having duly heard and considered the defendants motion for security for costs herein and being thereof fully advised doth sustain the same and doth order that the plaintiff file a good and sufficient security for costs within ten days.
**John H Calhoun vs 264 George Fredericks**
On notes.
Now come the parties, by their respective attorneys, and thereupon come also a Jury, to wit: J M Marquard, J H Green, William Bowen, Charles Gage, Thomas Dame, D Frankmann, J T Bredhoft, O Langan, H Tickmeyer, F M Meyer, Jacob Hirtle, and M Zeigler, twelve good and lawful men who being duly elected tried and sworn well and truly to try the issues herein joined well and truly to try the trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiff and asess the damages at the sum of eighteen hundred and twenty five dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid inform aforesaid as found and his costs herein expended and have execution therefore.
Court met pursuant to adjournment. Present as before.
Ulysses S Grant, Who is personally known to the Court, comes into Court, and acknowledges the execution of a deed of emancipation to his slave William Jones a mulatto aged about five feet seven inches in height.
**Nathaniel C Myers vs 920 John Sigerson etal**
Dismissal.
On motion of the plaintiff, by his attorney it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefore.
**Matilda McDowell vs 853 George H McDowell**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed.
**Edward C Sloan vs 883 James C Parks etal**
Continued.
**Henry C Wright vs 1029 Cha K Dickson etal garn.**
Continued.
**T M Taylor & Co vs 1021 Jno Arnold &c garn.**
Continued.
**Sophia Aufderheide vs 968 Casper Aufderheide**
Continued.
**Aug F Shapleigh etal vs 933 James & Lucas etal**
Continued.
---
**Viewer Page 506** (rcdbook1858_28_0505.jpg)
> Handwritten Page Number on Record Book: 502
**William G Blackwood vs Daniel D Page etal**
Assignment of judgment to Miguel A Otero filed.
**John Shillitto etal vs 1037 Richd J Lockwood etal garn.**
Continued.
**Caroline Reuling by guardian vs 975 Lorenzo D Holmes & wife**
Continued
**James H Sturdy, Joseph W Nicholas and John Shepardson vs 913 Lewis Palmer and William Myers.**
On note.
Now come the plaintiffs and defendant, palmer, by their respective attorneys, and the plaintiffs dismiss this suit as to the defendant Myers; and the defendant, Palmer, withdraws his answer filed herein, whereby this action remains undefended whereupon on motion of the plaintiffs, by their attorney, it is ordered by the Court that the petition herein be taken against him as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant, Palmer, is indebted to the plaintiffs in the sum of five hundred and sixty six dollars and thirty seven cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**Louis Emmons vs 26 A B Fenton etal**
Motion to suppress depositions filed.
**Samuel Hamilton vs 957 John Christopher etal**
Continued by consent at plaintiffs costs.
**Mary E Louis vs 603 James C P Louis**
Now comes the plaintiff, by her attorney, and files proof satisfactory to the Court that the order of publication here to fore made herein has been duly published according to law.
**Thomas Rector vs 59 Cornelius D Sullivan**
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of the said plaintiff, by his attorney, it is ordered by the Court that the petition herein be taken against the said defendant as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of four hundred and twelve dollars and ninety six cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid inform aforesaid as found and his costs herein expended and have execution therefor.
**Samuel Stilwell vs 487 George W Putnam**
Dismissal.
On motion of the plaintiff, by his attorney it is ordered by the Court that this cause be dismissed at the plaintiff costs and that execution issue therefore.
---
**Viewer Page 507** (rcdbook1858_28_0506.jpg)
> Handwritten Page Number on Record Book: 503
**In the matter of the Steam Boat Polar Star**
Claim of Boylan and Gettys filed.
**Louis G Picot vs 774 William Clark etal**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at the plaintiffs costs and that execution issue therefore.
Court met pursuant to adjournment. Present as before.
**Edward P Tesson vs 368 The Terre Haute Alton and St Louis Rail Road Company**
The plaintiffs motion to strike out the defendants plea in abatement being heard and fully considered by the Court, it is ordered that the same be sustained.
**George W Brackett vs 369 The Terre Haute Alton and St Louis Rail Road Company**
The plaintiffs motion to strike out the plea in abatement being heard and fully considered by the Court it is ordered that the same be sustained.
**James S Mason etal vs 619 Matthew B Chappell and Robt B Clark garn. of A J Morrison**
On motion of the said garnishees it is ordered by the Court that they be discharged hence at the costs of the plaintiff and that execution issue therefore. Ten dollars allowed each of them for answering.
**David P Clay vs Union Line Transportation Co**
Replication filed.
**Jacob Rhodes vs 383. Wm G Webb**
Amended petition filed.
**Jonathan Jones vs 579 William A Nelson etal**
Motion to strike out part of answer filed.
**Thomas Rector vs 59 Cornelius D. Sullivan**
By consent of parties, it is ordered by the Court that the judgment herein be set aside and for naught held and esteemed Counterclaim filed by consent.
---
**Viewer Page 508** (rcdbook1858_28_0507.jpg)
> Handwritten Page Number on Record Book: 504
Court met pursuant to adjournment. Present as before.
**Samuel Hopper etal vs 62 Henry N Setzer**
Continued.
**City of Carondelet vs 51 Wm M McPherson**
Continued.
**Chas H Waters etal vs 49 M F Benjamin etal**
Continued
**Percival Platt vs 10 Wm Bevard**
Continued generally.
**Benn C Platt vs 11 Wm Bevard**
Continued generally.
**Isaac C Cable etal vs 85 Jno S McCune etal**
Answer filed.
**Henrietta Knollhoff vs 441 John F Knollhoff**
Amended petition filed
**Joseph Farrell vs 966 Paul Carlin and Henry C Lynch**
On note.
Now come the plaintiff and defendant, Lynch, by their respective attorneys and the said defendant withdraws his answer herein leaving this suit undefended and the defendant, Carlin, although duly summoned and called comes not but makes default; it is therefore, on motion of the plaintiff ordered by the Court that the petition herein be taken against the said defendants as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of eight hundred and forty one dollars and eighty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefore.
**Henry G Poston vs 245 Daniel D Page and Henry D Bacon**
On note.
Now comes the plaintiff, by his attorney, but the defendants although duly summoned and called, come not but make default, wherefore on motion of the plaintiff it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of twelve hundred and fourteen dollars and twelve cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefore.
**Franklin L Weber etal vs 39 Charles Harzig**
Now come again the plaintiffs, by their attorney and file proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
**James M Bristow vs 32 St Louis Alton and Terre [Haute ?] Rail Road Company**
Dismissal.
Now comes the defendant, by its attorney, but the plaintiff although called, comes not, wherefore on motion of the defendant, it is ordered by the Court that this cause be dismissed at the costs of plaintiff and that execution issue therefore.
---
**Viewer Page 509** (rcdbook1858_28_0508.jpg)
> Handwritten Page Number on Record Book: 505
**Lewis Emmons vs 26 A B Fenton etal**
The motion to suppress the plaintiffs depositions being heard and fully considered by the Court it is ordered that the same be overruled: and this cause is continued on application of plaintiff at his costs.
**John Purvis vs 288 Eliza Ann Purvis**
Now comes the plaintiff, by his attorney, and files proof satisfactory to the Court that the order of Publication made herein has been duly published according to law.
**David Block vs 1 Solomon Block**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**David Block vs 2 Solomon Block**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**Ebenezer Higgins and John H McMillan vs 34 Cushman Cadwell**
Petition on Judgment.
Now come the plaintiffs, by their attorney, but the defendant, although duly warned and called comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the plaintiffs submit this cause to the Court upon the pleadings and proofs and the Court doth find there from that the defendant is indebted to the plaintiffs in the sum of fourteen hundred and ninety one dollars and thirteen cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefore. Against the property attached.
**Edmund D Taylor vs 36 James T Swearingen**
Petition on Judgment.
Now comes the plaintiffs, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the plaintiffs submit this cause to the Court upon the pleadings and proofs and the Court doth find there from that that the defendant is indebted to the plaintiffs in the sum of Eleven thousand four hundred and eleven dollars and twenty three cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Louis C Garnier vs 134 The City Bank of St Louis etal**
Now comes Augustus N Berthoud, the receiver herein, and having made oath faithfully to discharge his duties as such receiver files a bond in the sum of ten thousand dollars, conditioned according to law, with Pierre A Berthold and Joshua B Brant, as securities, which bond is approved by the Court.
**James S Mason etal vs Jno H Morrison garn.**
Denial of said garnishees answer filed.
---
**Viewer Page 510** (rcdbook1858_28_0509.jpg)
> Handwritten Page Number on Record Book: 506
**Charles [Jeffnis ?] vs 69 D D Denton and Samuel Weed.**
On Contract.
Now come the parties, by their attorneys, and the defendant need, withdraws his answer herein and confesses judgment in favor of the plaintiff for the sum of four hundred dollars and consents that judgment may be rendered herein against him for that sum: and the plaintiff and defendant, Denton, waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find the issues herein joined in favor of the said defendant. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf against the defendant Denton, but that the defendant go hence without day and recover of the plaintiff his costs herein expended, and that the plaintiff recover of the defendant, Need, the sum aforesaid in form aforesaid as Confessed and his costs herein expended and have execution therefor. Thereupon the plaintiff acknowledges to have received full and entire satisfaction of the above judgment.
**Hyacinthe O Renoward and Edward S Polkowoki vs Daniel M Frost, John P S Todd and Edward G Atkinson.**
Confession of Judgment.
Now come the defendants and file a statement in writing duly verified by affidavit, whereby they confess themselves indebted to the plaintiffs in the sum of twenty one hundred and fifty eight dollars and sixty five cents, and consent that judgment may be rendered against them in favor of the plaintiffs for that sum. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as confessed and their costs herein expended and have execution therefor.
**John Brooks vs 501 George T Brady etal**
Jno Clemens acknowledges himself bound for all costs that may accrue herein and files a bond to that effect.
**John Brooks vs 502 George T Brady**
Jno Clemens acknowledges himself bond for all costs that may accrue cherein and files a bond to that effect.
**Reuben Loeb etal vs 630 [N ?] P Shryock etal**
Ordered that dedimus issue to Indiana and Illinois for defendants.
**John Cox vs 63 William Riley etal**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**Priscilla Baltimore vs 6 Jackson Bodkins**
Dismissal.
Now comes the defendant by his attorney but the plaintiff although duly called comes not, wherefore on motion of defendant, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Isaac [Gearhandt ?] etal vs 20 State Savings Institution**
Continued by consent.
---
**Viewer Page 511** (rcdbook1858_28_0510.jpg)
> Handwritten Page Number on Record Book: 507
**Thomas Rector vs 59 C D Sullivan**
Demurrer to Counterclaim filed.
**Daniel C Michael vs Isaac T Wise**
Now comes the plaintiff by his attorney, and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the fifth day of December 1856.
**M L Hobart vs Isaac T Wise assignee of Osborn Camp & Co**
Now comes the plaintiff by his attorney, and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the 20th day of May 1857.
**Taunton Locomotive manufacturing Company vs 31 Terre Haute Alton and St Louis Rail Road Company**
On notes.
Now come the parties, by their attorneys, and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find the issue herein joined in favor of the plaintiff and doth assess the damages at the sum of eleven thousand one hundred and forty four dollars and seventy two cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as assessed and its costs herein expended and have execution therefore.
**Aemilius K Sayre vs 15 William C Wagley, Daniel [Elisritz ?], Darius Coxe and [jules ?] C Kingsburry**
Petition on Note.
Now come the plaintiff and the defendant, Kingsburry, by their respective attorneys, and also a Jury to wit; J H Marquard, M Zeigler, J H Diner, William Bowen, William Warner, JW Beven, J J Genergell, P Fein, R E Martin, L H Baker, Richard Smith and J Hirtle, twelve good and lawful men who being duly elected tried and sworn the issued herein joined well and truly to try the trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiff. It is therefore considered by the Court that the defendant Kingsburry at the time of the commencement of this suit was a non resident of the State of Missouri: Thereupon the said defendant Kingsburry, although having been duly summoned and being now solemnly called comes not but makes default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against the said defendant as confessed: and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of three thousand two hundred and forty nine dollars and forty seven cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum a foresaid in form aforesaid as found and his costs herein expended and have execution therefore against the defendant Kingsburry and have execution therefore against the other defendants against the property attached herein.
**John Tevis vs 127 Charles R Hall [admr. ?] of Joshua Tevis, decd, John C Tevis, & Chastine found us individually & as adnr of Jno L Tevis deed**
Dismissal.
By consent of parties it is ordered by the Court that this cause be dismissed at the defendants costs and that execution issue therefore.
---
**Viewer Page 512** (rcdbook1858_28_0511.jpg)
> Handwritten Page Number on Record Book: 508
**Louisa Freudenberg vs 28 John Freudenberg**
Order of Publication.
Now comes the plaintiff ands files a petition and also an affidavit from which if appears to the Court that the defendant is a non resident of the State of Missouri, therefore on motion of the said plaintiff, by her attorneys, it is ordered by the Court that the defendant be notified that a civil action has been commenced against him to obtain a decree of divorce from him on the ground of willful desertion and unless he be and appear at the next term if this Court to be begun and held at the City of St Louis within and for the County of St Louis on the last Monday of September next and on or before the sixth day thereof answer the plaintiffs petition the same will be taken against him as confessed. It is further ordered that a copy hereof be published, according to law in the Missouri Democrat a newspaper printed and published in the City of St Louis.
Court pursuant to adjournment. Present as before.
**In the matter of the assignment of Peter Ambo**
Now come the assignees herein, Charles F Meyer and Julius [Winkelmerir ?], and file an inventory herein and also a bond in the sum of twenty eight thousand one hundred dollars, which is approved by the Court; and the Court appoints [Aman ?] Schneider and Williams Zeller appraisers to appraise the property and effects assigned. Appraisement filed.
**Reuben Loeb etal vs 630 Wm P Shryock etal**
Depositions for defendants opened and filed.
**Ellen Doogan vs 537 Thomas Doogan**
Abstract of issue filed.
**Nathan D Allen vs 528 Andrew A Le Bean etal**
By leave of Court the plaintiff withdraws the note sued on and files a copy therefor.
**John O Neill vs 310 The Red Bud Union Mill Co.**
On motion of the plaintiff, by his attorney it is ordered by the Court that this cause be dismissed at his costs and that at execution issue therefor. note withdrawn by leave Copy filed.
**Jno O Neill vs 606 W W Singleton garn.**
On motion of the plaintiff, by his attorney it is ordered by the Court that the said garnishee be discharged at his costs and that execution issue therefor.
---
**Viewer Page 513** (rcdbook1858_28_0512.jpg)
> Handwritten Page Number on Record Book: 509
**William W Wakelam vs 128. Chas H Valentine etal**
Motion to strike out parts of answer filed. Abstract of issues filed.
**Priscilla Baltimore vs 6 Jackson Bodkins**
On motion of the plaintiff, by his attorney it is ordered by the Court that the order of dismissed herein be set aside and for naught held and esteemed.
**Levi M Bond and H Albert [Denckla ?] vs 316 Patrick Long**
On Bill of Exchange.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein taken against him as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of two hundred and seven dollars and forty five cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid inform aforesaid as found and their costs herein expended and have execution therefor.
**Henry [Kohrhammer ?] etal vs 291 George W Fisher**
The Court having duly heard and considered the Demurrer to the petition herein and being thereof fully advised doth overrule the same. Leave is given plaintiffs to amend.
**Phebe Niley vs 150 Thomas Wiley**
Order of Publication.
It appearing to the satisfaction of the Court that the defendant cannot be summoned in this action therefore, on motion of the plaintiff, by her attorney, it is ordered by the Court that he be notified that a civil action has been commenced against him the object of which is to obtain a decree of divorce from him on the ground of desertion and also to obtain the custody and control of the infant child, Virginia W Wiley, mentioned in the petition, 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, within and for the County of St Louis, on the last Monday of September next and on or before the sixth day thereof answer the plaintiffs petition the same will be taken against him as confessed. It is further ordered by the Court that a copy of this order be published according to law in the Missouri Democrat a newspaper printed and published in the City of St Louis.
**John H Schenk and Isaac T Wise vs Charles S Lynch, Philip Klein, and George W Lynch**
Order of Injunction.
On reading and fifty the petition and the plaintiffs having filed a bond, in the sum of twelve hundred dollars, conditioned according to law, with good and sufficient security, which is approved by the Court, it is ordered that the defendants and each of them, their servants, agents and attorneys, be restrained and enjoined from selling or proceeding to sell, until the further order of this Court, the following described lots situate in the City and County of St Louis, or any of them, to wit: lots no one, two, three, four, five, and six in block number five of a subdivision of Labadie and Lynch's addition to the City of St Louis, having an aggregate front on the West side of Second Carondelet avenue of one hundred and seventy one feet by a depth of one hundred and twenty nine feet four inches to an alley bounded North by Lynch Street, East by Second Carondelet avenue, South by lot no Seven in said block and West by said alley.
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**Viewer Page 514** (rcdbook1858_28_0513.jpg)
> Handwritten Page Number on Record Book: 510
**The Commercial Insurance Company of Cincinnati Ohio vs 867 William Dwyer and James McCord garnishees of William Hart and J G Stewart**
Garnishment.
Now come the plaintiff and the garnishees, by their respective attorneys, and it appearing to the Court form the answer of said garnishees that at the time they were summoned herein as such they were indebted to the defendants in the sum of six hundred and seventy five dollars and thirty two cents, and it also appearing to the Court that the amount of the original judgment herein is six hundred and forty nine dollars, therefore it is considered by the Court that, after deducting the sum of thirty dollars which is allowed for answering herein, the plaintiff recover of the said garnishees the balance being the sum of six hundred and forty five dollars and seventy two cents and have execution therefor, and that out of said sum the plaintiff pay the costs as well of the original suit as of this proceedings.
**Patrick Gallagher vs 37 Patrick Hart**
The defendants motion for security for costs being heard and fully considered by the Court it is ordered that the same be sustained and that the plaintiff file security for costs herein in ten days.
**Charles S Hempstead vs 58 Thomas Hempstead's [adm ?] etal**
Agreement file and five days given Wilson to answer herein.
**The New Albany Insurance Company vs William Dwyer and James McCord garnishees of William Hart and J G Stewart**
Garnishment.
Now come the plaintiff and the garnishees, by their respective attorneys, and waiving a Jury, submit this proceeding to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find the issues herein joined in favor of the garnishees. It is therefore considered by the Court that the plaintiff take nothing by this proceeding but that the said garnishees go hence without day and recover of the said plaintiff their costs and charges herein expended and have execution therefor. The Court allows the said garnishees the sum of fifty dollars, for their attorneys fees, and also the sum of fifteen dollars for appearing herein to be taxed as costs. Motion for a new trial filed by plaintiff.
**The National Insurance Company vs William Dwyer and James McCord garnishees of William Hart and Thomas J Stewart**
Garnishment.
Now come the plaintiff and the garnishees, by their respective attorneys, and waiving a Jury, submit this proceeding to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find the issues herein joined in favor of the garnishees. It is therefore considered by the Court that the plaintiff take nothing by their proceeding in this behalf but that the said garnishees go hence without day and recover of the plaintiff their costs and charges herein expended and have execution therefor. The Court allows the said garnishees the sum of fifty dollars, for their attorneys fees, and also the further sum of fifteen dollars for appearing and a cuering in this behalf to be taxed as costs. Motion for a new trial filed by plaintiff.
---
**Viewer Page 515** (rcdbook1858_28_0514.jpg)
> Handwritten Page Number on Record Book: 511
**John A Smith vs William Dwyer and James McCord garnishees of William Hart and J G Stewart**
Garnishment.
Now come the plaintiff and the garnishees, by their respective attorneys, and waiving a Jury, submit this proceeding to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find for the garnishees. It is therefore considered by the Court that the plaintiff take nothing by this proceeding but that the said garnishees go hence without day and recover of the said plaintiff their costs and charges herein expended and have execution therefor. The Court allows the said garnishees the sum of fifty dollars, for their attorneys fees, and also the sum of fifteen dollars for appearing herein to be taxed as costs. Motion for a new trial filed by plaintiff.
**Samuel Montgomery vs William Dwyer and James McCord garnishees of William Hart, Thomas J Stewart, William Willett and Elizabeth Philips**
Garnishment. Now come the plaintiff and the garnishees, by their respective attorneys, and waiving a Jury, submit this proceeding to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find the issues herein in favor of the garnishees. It is therefore considered by the Court that the plaintiff take nothing by this proceeding but that the said garnishees go hence without day and recover of the said plaintiff their costs and charges in this behalf expended and thereof execution. The Court allows the said garnishees the sum of fifty dollars, for their attorneys fees, and also the sum of fifteen dollars for appearing herein to be taxed as costs. Motion for a new trial filed by plaintiff.
**In the matter of the assignment of Peter Ambo**
Order of Sale.
On application of the assignees herein, it is ordered by the Court that they proceed to sell the property, and effects assignees at public or private sale for cash or on ninety day credit, as they may deem best; and if sold on credit payment to be secured by a negotiable promissory note of responsible parties; provided, however, that if said property and effects be sold at private sale, the same shall not be sold for less than the appraised value.
---
**Viewer Page 516** (rcdbook1858_28_0515.jpg)
> Handwritten Page Number on Record Book: 512
Court met pursuant to adjournment. Present as before.
**James K Fisher etal vs 595 R J Tunstall etal**
Motion to suppress plaintiffs depositions filed.
Basil W Duke is on motion of W J Wood, admitted and enrolled as a member of this Bar.
**In the matter of the County of St Louis**
In pursuance of Section thirty nine of an act entitled, an act concerning the County of St Louis, approved March fourteenth, eighteen hundred and fifty nine, the Court appoints Frederick Hyatt, a discreet, Competent and in partial citizen of St Louis County, one of the Commissioners to examine into the condition of the affairs if St Louis County and their management during the five years next proceeding the fourteenth day of March eighteen hundred and fifty nine; thereupon the the said Frederick Hyatt takes the oath prescribed by law.
**John M Robinson etal vs 94 Joseph A Nyble**
Dismissal.
On motion of the plaintiffs, by their attorneys, it is ordered by the Court that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**Geo W King vs 65 C B King**
Continued.
**John R Gillett vs 69 Ezra O English etal**
Continued.
**Edward D Hill vs 64 James Castello**
Continued.
**Thomas F Laurenson vs 85 Jas Campbell**
Continued.
**Henry Ames etal vs 104 Jacob Ensminger etal**
Continued.
**Gustavus [Koennuse ?] vs 120 Jno P Harly etal**
Continued.
**Michael J Dohan etal vs 88 Andrew J Morrison**
Amended petition and affidavit filed by leave of Court. Plea in abatement filed.
**Anna C Weber vs 92 Christian Weber**
Now comes the plaintiff, by his attorney, and files proof satisfactory to the Court that the order of publication made herein has been duly published according to law. Cause continued.
**Joel N Norcross etal vs 178 Henry Hudson**
Subpoena dues [teeum ?] ordered for Francis Hudson to being certain book.
**The Northwestern Bank of Virginia vs 66 Robert C Bonham etal**
Dismissal.
On motion of the plaintiff, by its attorney, it is ordered by the Court that this cause be dismissed at its costs and the execution issue therefor.
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**Viewer Page 517** (rcdbook1858_28_0516.jpg)
> Handwritten Page Number on Record Book: 513
**Silas O Hemenway vs 116 Napoleon B Ellerbe**
Dismissal.
On motion of the plaintiffs, by their attorneys, it is ordered by the Court that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**Benn C Plate vs 11 William Bevard**
The defendants demurer to plaintiffs second amended petition herein being heard and fully understood by the Court it is ordered that the same be and is hereby sustained.
**Abijah Whiting and Dexter G Hitchcock vs 8 Nathan W Jones**
On Contract.
Now again come the parties, by their respective attorneys, and the Court being now sufficiently advised of and concerning the premises doth find the issues herein joined in favor of the plaintiffs and assess their damages at the sum of fourteen hundred and three dollars and twenty six cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as assessed and their costs herein expended and have execution therefore.
**Reuben Loeb etal vs 63 William P Shryock etal**
Dedimus ordered to Illinois for defendants.
**Marry C Norman vs 87 Thomas J Norman**
Continued no one appearing.
**Julia A Coover vs 86 M O WalKer etal**
Amended motion to strike out parts of answer filed by consent and the Court having duly heard and considered the said motion doth order that the same be sustained.
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**Viewer Page 518** (rcdbook1858_28_0517.jpg)
> Handwritten Page Number on Record Book: 514
Court met pursuant to adjournment. Present as before.
J W Thompson is, on motion of John Decker, admitted and enrolled as a member of this Bar.
**Nathaniel W Floyd vs 197 Jose Dean etal**
Depositions for opened and filed.
**A M Gardener etal vs 141 Benj B Barkelow etal**
Continued.
**Presley Philips vs 146 Benj J Hutchinson etal**
Continued.
**Jacob Spencer vs 127 Elizabeth Spencer**
Continued.
**Henry J Given etal vs 448 George J Hill**
By consent of parties it is ordered by the Court that the default herein taken be set aside and vacated.
**John Brooks vs 501 Geo T Brady etal**
Reply to Counter claim of Harace D Brady filed.
**Henry F Given etal vs 75 John B S Lemoine**
On motion of the defendant, by his attorney, two weeks additional time is given him to answer herein.
**Henry S Parker etal vs 441 William Wade etal**
By consent the plaintiffs file an amended petition herein and the defendants Frost and wife and Stewart and wife and Campbell withdraw their answers to the petition herein and refile the same by consent as answers to the said amended petition.
**Martin Boyse vs 497 James Moore etal**
By consent the plaintiffs file an amended petition in this cause, and the defendants, Frost and wife and Stewart and wife and Campbell, withdraw their answers to the petition herein and refile the same by consent as answers to the said amended petition.
**George Lefevre etal vs 849 Daniel J Wight and Turner Maddox garnishee of Thomas Hinton**
By consent of parties, it is ordered by the Court that the said garnishees be discharged hence at the plaintiffs costs and that execution issue therefor. The sum of twenty five dollars is allowed each of said garnishees for appearing and answering herein
**James Buchanan etal vs 187 John Meyer**
Continued as on affidavit at plaintiffs costs.
**John H Ferguson vs 357 Joseph Garneau**
Exceptions to depositions filed.
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**Viewer Page 519** (rcdbook1858_28_0518.jpg)
> Handwritten Page Number on Record Book: 515
**Alexander Dennistoun, John Dennistoun, William Wood, William Cross, Benjamin Franklin Dawson, William Crawford, John Cross, Buchanan Grille, James Campbell, John Walter Wood, Robert Dennistoun and Alexander Dennistoun Jr vs 166 Cornelius D Sullivan and Jeremiah J Sullivan**
On note.
Now come the parties, 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 there from that the defendant are indebted to the plaintiffs in the sum of three hundred and sixty five dollars and forty seven cents. It is therefore considered b y the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**John Barnhurst vs 133 Virginia Barnhurst**
On motion of the plaintiff, by his attorneys, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**Nathaniel W Floyd vs 197 Jesse Dean etal**
Continued by consent of parties.
**Hiram A Halstead vs 170 William W Dale etal**
On motion of the plaintiff, by his attorneys, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**James Delaney vs 161 James P Langford etal**
Continued by consent at plaintiffs costs.
**Elias Lyon vs 152 Moses Cohn**
This cause being called for trial and no one appearing to prosecute the same it is ordered by the Court this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**Joel W Norcross etal vs 178 Henry Hudson**
Continued as on affidavit at plaintiffs costs.
**Philip B Hockaday vs 418 Charles Gilson**
Now comes the defendant, by his attorney, and the plaintiff having failed to amend, it is there fore on motion of the said defendant, ordered by the Court that the judgment on the demurrer herein be made final. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf but that the defendant go hence without day and recover of the said plaintiff his costs and charges herein expended and have execution therefore.
**Chas Hempstead vs 58 Thos Hempstead admr. etal**
Answer filed.
**State use of Richeson vs 160 Robt W Hunt etal**
Continued.
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**Viewer Page 520** (rcdbook1858_28_0519.jpg)
> Handwritten Page Number on Record Book: 516
**Louisa Baum garden vs 115 Fred K E Baumgarden**
Now comes the defendant, by his attorney, and the defendant failing to amend, it is therefore, on motion of said defendant, considered by the Court that the plaintiff take nothing by her suit in this behalf but that the defendant go hence without day. Bill of Exception filed by plaintiff.
**William G Congdon vs 158 Rodney F Danforth**
On motion of the plaintiff, by his attorneys, it is ordered by the Court that this cause be dismissed at the said plaintiff costs and that execution issue therefor.
**Fireman's Insurance Company vs 199 William Hart**
On Bill of Exchange.
Now come the plaintiffs, by their attorney, but the defendant, although duly warned and called comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendant are indebted to the plaintiffs in the sum of six hundred and fifty eight dollars and thirty one cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**A S Thomas vs 129. John Gonzales]**
Now comes the defendant, by his attorney, but the plaintiff, although duly called, comes not wherefore on motion of said defendant, it is considered by the Court that the plaintiff take nothing by his suit in this behalf but that the defendant go hence without day and recover of the said plaintiff his costs herein expended and have execution therefore.
**The Pittsburgh Life Fire and Marine Insurance Company vs 589 Richard J Sass, James O Carson, Nicholas Springer, and Thomas M Wannall**
On notes.
Now come the plaintiffs, by its attorney, but the defendants although duly summoned and called, comes not but make default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of nine hundred and fifty nine dollars and thirty five cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**The Eureka Insurance Company vs 590 Richard J Sass, James O Carson, Nicholas Springer, and Thomas M Wannall**
On notes.
Now come the plaintiffs, by their attorney, but the defendants, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of thirteen hundred and sixty eight dollars and thirty five cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
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**Viewer Page 521** (rcdbook1858_28_0520.jpg)
> Handwritten Page Number on Record Book: 517
**The Western Insurance Company vs 591 Richard F Sass, James O Carson, Nicholas Springer, and Thomas M Wannall**
On notes.
Now come the plaintiffs, by its attorney, but the defendants, although duly summoned and called, come not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of thirteen hundred and sixty eight dollars and thirty five cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Gustav Guenther vs Louis J Rankin etal**
Dedimus ordered to Illinois for plaintiff.
**Gustav Guenther vs Francis Cornet etal**
Dedimus ordered to Illinois for plaintiff.
**Franklin Field vs Charles W Barr**
On motion of the defendant, by his attorney, leave is given him to withdraw from the files the deposition taken in his behalf.
**The Liberty Insurance Company vs 128 John Triplett and Miles Sells**
On Bill of Exchange.
Now come the parties, by their respective attorneys, and also a Jury, to wit; Frederick Schidiz, M Foristell, C Myer, Adolph Tenes, R Keiler, Henry Peetz, C Schneider, William A Robinson, J A Kelsey, John Cull, Charles Mallett, and James Cuddy twelve good and lawful men, who being duly elected, trial and sworn the issues herein jointed well and truly to try the trial progressed and being finished the Jury retire to consider of there verdict.
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**Viewer Page 522** (rcdbook1858_28_0521.jpg)
> Handwritten Page Number on Record Book: 518
Court met pursuant to adjournment. Present as before.
[Lucretia ?] Borgia, of Color) whose identity is proven by the testimony of A J P Garesche and Henry g Soulard, two credible witnesses, acknowledge the execution of a deed of emancipation to her slave Harriet alias Harrick Adams, a mulatts girl, about twenty four years old, and marked by a burn on her night arm first above her wrist.
**Bauman c Baker et al vs Frederick A Schmucker et al**
Depositions for plaintiffs opened and filed.
**James Woods, William J Christy and Robert K Woods, vs 217 Reuben Harrington**
On note.
Now come the parties, by this respective attorneys, and the defendant withdraws so much of his answer as sets up a counter claim, 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 find there from that the defendant is indebted to the plaintiffs in the sum of eleven hundred and forty five dollars and fifteen cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Abijah Whiting et al vs 8 Nathan W Jones**
Motion for a new trial filed.
Patrick Kelly is fined two dollars for failing to attend as a witness after being duly summoned so to do.
**The Pittsburg Life Fire and Marine Insurance Company vs Richard J Sass et al**
By consent of parties it is ordered by the Court that the judgment herein rendered be set aside and vacated, and leave is given the defendants to answer.
**The Eureka Insurance Company vs 590 Richard J Sass et al**
By consent of parties it is ordered by the Court that the judgment herein rendered be set aside and vacated, and leave is given the defendants to answer.
**The Western Insurance Company vs 591 Richard J Sass et al**
By consent of parties it is ordered by the Court that the judgment herein rendered be set aside and vacated, and leave is given the defendants to answer.
**Charles J Meyer et al vs 235 The Citizens Savings Inst**
Continued on affidavit at plaintiffs costs.
**Charles McCormick vs 207 Henry W Tracy et al**
Continued.
**Margaret Collins vs 219 Thomas g Collins**
Continued.
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**Viewer Page 523** (rcdbook1858_28_0522.jpg)
> Handwritten Page Number on Record Book: 519
**The Liberty Insurance Company vs 128 John Triplett and Miles Sells**
On Bill of Exchange. Now come the parties, by their respective attorneys, and also the Jurors empanelled and sworn herein, Except R Keiler, who is represted to the Court as being too unwell to attend, thereupon the parties consent that the remaining eleven Jurors may render a verdict herein, and the Jurors being agreed upon a verdict upon their oaths find for the defendants. It is therefore considered by the Court that the plaintiff take nothing by its suit in this behalf, but that the said defendants go hence without day and recover of the said plaintiffs their costs and charges herein expended and have execution therefor.
**William McDonald and William Lings vs 207 Charles Chambers**
Petition for Damages. Now come the parties, by their respective attorneys, and also a Jury, to wit; E R Cooley, O P Turner, M Harrison, John Matthews, L M Abbott, S [Kennerle ?], J R Circle, L Baldwin, D Mickey, Jacob Koch, Henry Kennedy, and C Y Carr, twelve good and lawful men who being duly elected, trial and sworn the issues herein joined well and truly to try the trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiffs and assess their damages at the sum of two hundred and thirty dollars. It is therefore considered by the Court the plaintiffs recover of the defendant the damages aforesaid in form aforesaid by the Jury assessed and their costs herein expended and have execution therefor.
**Sophia Rosenthal vs 248 Joseph Rosenthal**
Petition for devoice. Now comes the plaintiff, by her attorneys, but the defendant, attorneys duly called, comes not; thereupon the Court proceeds to hear the proof herein and the hearing being finished and the Court being satisfied from such proof of the good conduct of the plaintiff and that she is an innocent and injured party doth order a judge and decree that she be absolutely and forever divorced from the bonds of matrimony by the contracted with the defendant and be restored to all the nights and Privileges of an unmarried person: and it is further ordered by Court that the plaintiff have the care custody and control of the infant child mentioned in the petition; and it is also ordered that the plaintiff pay the costs herein, and that execution issue therefor.
**State use of A W Elliott vs 139 Augustus J Shapleigh et al**
Continued as on affidavit at defendants costs on account of the absence of A J Martin, a witness.
**Francis J [Luttercord ?] vs 221 C Dumanet**
Petition on Account. Now come the parties, by their respective attorneys, and also come a Jury, to wit; F Schidig, M Foristell, Meyer, [adolphus ?] Tenes, W A Robinson, John Cull, Charles Mallett, James Cuddy, R C Greer, E R Coolidge, O P Turner and M Harrison, twelve good and lawful men, who being duly elected trial and sworn the issues herein joined well and truly to try the trial progressed but not being finished further proceedings herein are laid until to morrow morning.
**Benson H Conner vs 355. Benjamin N P Butler**
Now comes the plaintiff, by his attorney, and files proof satisfactory to the Court that the order of publication made herein has been duly published, according to law.
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**Viewer Page 524** (rcdbook1858_28_0523.jpg)
> Handwritten Page Number on Record Book: 520
**Thomas B Robertson vs 211 William Carson**
Non suit. Now comes the plaintiff, by his attorney, and says he will not further prosecute this suit. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf, but that the defendant go hence without day and recover of the said plaintiff his costs herein expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
**Michael Murphy vs 621 Calvin C Burk garn. of Archie Campbell**
Proof of service of order of citation filed. On motion of George Pipe, by his attorney, ten days is given him to file his claim herein.
**Louis C Garnier vs The City Bank of St Louis et al**
Motion to modify order appointing a Receiver filed.
**George Burklin vs 371 Heinrich Bounstien et al**
The plaintiff having failed to file security for costs within the time allowed him so to do, it is, therefore, on motion of the defendants, by their attorney, ordered by the Court that this cause be dismissed and that execution issue against the plaintiff for the costs herein.
**George Burklin vs 372 Adalbert Loehr et al**
The plaintiff having failed to give security for costs within the time allowed him so to do, therefore, on motion of the defendants, by their attorney, it is ordered by the Court that this cause be dismissed and that execution issue against the plaintiff for the costs herein.
**Francis Luthercord vs 221 C Dumanet**
Petition on account. Now again come the parties, by the irrespective attorneys, and also the Jury empanelled and summon herein, and there upon the trial progressed, and being finished the Jurors a foresaid upon their at oaths aforesaid find for the plaintiff and assess his damage at the sum of three hundred and thirty two dollars, and ninety eight cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid inform aforesaid as assessed and also his costs herein expended and have execution therefore.
**M Mc Donald vs 27 Chas Chambers**
Motion for a new trial filed by defendant.
---
**Viewer Page 525** (rcdbook1858_28_0524.jpg)
> Handwritten Page Number on Record Book: 521
**James J Kelly vs 610 Robert M Renick et al garn.**
Reply of Thomas L Salisbury to denial of answer filed.
**Judith Barnfield vs John W Barnfield**
petition for Divorce. Now come the parties, by their respective attorney, and thereupon the Court proceeds to hear the proof herein but the heaving thereof not being finished at the hour of adjournment further proceedings herein are laid over until tomorrow morning.
Court pursuant to adjournment. Present as before.
**Eureka Insurance Company vs 590 Richard F Sass et al**
answer filed.
**Western Insurance Company vs 591 Richard F Sap e al**
answer filed.
**The Pittsburgh fire and marine Insurance Company vs 589 Richard F Sap et al**
answer filed by defendants.
**George Burklin vs 373 James L Faucett**
The plaintiff having failed to file security for costs within the time allowed him so to do, therefore on motion of the defendant, by his attorney, it is ordered the Court that this causes be dismissed and that execution issue against the plaintiff for the costs herein accused.
**Benjamin J Adams and Eli M Bruce vs Leland, Leland, and Charles L Palmer**
Order of Sale. Michael S Cerre, Esq, Sheriff of St Louis Country, comes and files a statement from which it appears, that the keeping of the property attached herein will be attached with much expense before the probable termination of this suit and is likely to depreciate in value; it is therefore ordered that said sheriff Sell said property according to law, and that he make a report of his proceedings under this order on or before the find day of the next term of this Court.
**Thomas J Wood et al vs 502 Martin Burk et al**
answer to amended petition filed.
---
**Viewer Page 526** (rcdbook1858_28_0525.jpg)
> Handwritten Page Number on Record Book: 522
**John Koch vs 27 John Schoenberg**
Order of Sale. Michael S Cerre, Esq, Sheriff of St Louis Country, comes and files a statement, from which it appears, that the keeping of the property attached under herein will be attended with much expense before the probable termination of this suit, and is likely to depreciate in value; it is therefore ordered that said Sheriff sell said property according to law, and that he make a report of his proceedings under this order on or before the first day of the next term of this Court.
**Moris plahto vs 41 Joseph James**
Order of Sale. Michael S Cerre Esq, Sheriff of St Louis Country, comes and files a statement, from which it appears that the keeping of the property attached under the unit herein will be attended with much expense before the probable termination of this suit and is likely to depreciate in value; it is therefore ordered that said sheriff sell said property according to law and that he make a report of his proceedings under this order on or before the first day of the next them of this Court.
Rudolph Schrocder is fined two dollars and the costs of the attachment for failing to attend as a witness after having been duly summoned so to do.
**Judith Barnfield vs John W Barnfield**
Petition for Divorce. Now again come the parties, by their respective attorneys, and thereupon the Court proceeds further to hear the proof herein and the hearing thereof being concluded the Court doth take time to consider what judgment shall be rendered in the premises.
**The State of Missouri to the use of William W Hayden vs 231 Irvin Z Smith, William D [Sedgrvick ?] and John R Shepley**
Petition on Bond. Now come the parties, by the irrespective attorneys, and also a Jury, to wit; M Toristell, A Tevis, Henry Puts, Wm A Robinson, L M Abbott, S Kennerle, J R Creele, J Baldwin, D Mickey, Jacob Koch, Henry Kennedy, and Charles G Can, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, the trial progressed but not being finished further proceedings are laid over until Monday, morning.
---
**Viewer Page 527** (rcdbook1858_28_0526.jpg)
> Handwritten Page Number on Record Book: 523
Court met Pursuant to adjournment. Present as before.
**In the matter of the Country of St Louis.**
In pursuance of Section thirty nine of an act entitled, an act concerning the Country of St Louis, approved March, fourteenth, eighteen hundred and fifty nine, the Court appoints John Simonds and Edward Haren, two discreet, competent and impartial citizens of St Louis Country, as Commissioners, to act in conjunction with Frederick K [Hyatt ?], the Commissioners hereto fore appointed, to examine into the condition of the affairs of St Louis Country and their management during the five years next proceeding the fourteenth day of March, eighteen hundred and fifty nine; thereupon the said John Simonds and Edward Haren take the oath prescribed by law: and it is ordered that the said commissioners make report to this Court as soon as may be.
**Charles H Saltmarsh [admr. ?] vs 136 William E Saltmarsh**
Motion to dismiss filed.
**Joel W [Twyman ?] et al vs 268 Carey Gratz et al**
No one appearing to prosecute this action it is ordered by the Court that this cause be dismissed and that execution issue against the plaintiff for the costs.
**Jacob KuKert vs 270 Green Tilley**
It is ordered by the Court that this cause be dismissed for want of prosecution and that execution issue against the plaintiff for the costs.
**Alexander P Davidson vs 617 Eldridge P Payne and William Hubbard garnt of Joseph Kohn**
On motion of the garnishees by their attorney, it is ordered that they be discharged at plaintiffs costs and that execution issue therefore. The sum of ten dollars is allowed each of said garnishees for answering herein.
**Judith [Barnfield ?] vs 213 John W [Barnfield ?]**
Decree of Divorce. Now again come the parties, by their respective attorneys, and the Court being fully advised of and concerning the premises and being satisfied that the plaintiff is a person of good moral character and that she is an innocent and injured party, it doth order ad judge and decree that she be absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant and be restored to all the rights and privileges of an unmarried person. Thereupon the plaintiff files a petition for the restoration of her maiden name, wherefore it is ordered by the Court that her present name be attached and changed to her maiden name of Judith Barrow, and that the same be hereafter deemed and taken as her only proper and lawful name. And it is further ordered by the Court that the defendant pay the costs herein expended and that execution issue therefore.
**Philip Thomas vs Andrew Krantler**
Motion to strike out part of answer filed.
---
**Viewer Page 528** (rcdbook1858_28_0527.jpg)
> Handwritten Page Number on Record Book: 524
**The State of Missouri to the use of William W Haydon vs 231 Irwin Z Smith, William D Sedgwick and John R Shepley**
Petition on Bond. Now again come the parties, by their respective attorneys, and also the Jury empanelled and sworn herein and thereupon the trial progressed but not being finished is laid over until to morrow morning.
Court that pursuant to adjournment. Present as before.
**John Purvis vs 288 Eliza Ann Purvis**
Now comes the plaintiff, by his attorney, but the defendant although duly warned and solemnly called comes not but makes default, wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against the said defendant as confessed.
**Fleming Rates vs 616 Adolphus Dentelmoser garn. of John Valentine et al**
On motion of said garnishee, by his attorney, it is ordered by the Court that he be discharged hence at the plaintiffs costs and that execution issue therefore. The sum of ten dollars is allowed said garnishee for answering herein.
**Thomas Reyburn [Ex ?] vs 365 Thomas A Lonergan**
Dedimus to Pennsylvania for defendant ordered.
**Antoine R McNair et al vs 269 Michael Lath et al**
Continued generally
**Antoine R McNair et al vs 271 James S Smith et al**
Continued generally.
**Antoine R McNair et al vs 272 Philip Klein et al**
Continued generally.
**Antoine R McNair et al vs 273 Caroline C Austin et al**
Continued generally.
**Levi J North vs 233 Antoine Niseman et al**
Continued.
**George [Y ?] Bast vs 280 David Jamison et al**
Continued.
**John J Manny et al vs Christian E Setziq et al**
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this cause be dismissed at the said plaintiffs costs and that execution issue therefore.
---
**Viewer Page 529** (rcdbook1858_28_0528.jpg)
> Handwritten Page Number on Record Book: 525
**James Bradford vs Edward Boyle**
Commission awarded plaintiff to take deposition.
**Francis B Barnhart vs 340 Catharine Barnhart**
Alias summons ordered.
**Levis Garneau vs 253 Joshua Herrington**
Alias summons ordered.
**James Hinton and Caroline Dryden vs 313 William King and Adam Wetzell**
On notes. Now come the plaintiffs by their attorney, and dismiss this suit as to the defendant, King, but the defendant, Wetzell, although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument in writing on which this action is founded, that the defendant, Wetzell, is indebted to the plaintiff in the sum of fifteen hundred and seventy two dollars. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and their costs herein expended and have execution therefore.
**David C Peacock vs 305 Cornelius D Sullivan and Jeremiah J Sullivan**
Petition on note. Now come the parties, by their respective attorneys, and waiving a Jury, submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find that the defendants are indebted to the plaintiff in the sum of seven hundred and twenty two dollars and forty four ants. His therefore considered by the Court that the plaintiff recover of the defendant to the sum aforesaid in form aforesaid as friend and his costs herein expended and have execution therefor.
**The State of Mission to the use of William W Haydon vs 231 Irwin F Smith, William D Sedgwick and John R Shepley**
Petition on Bond. Now again come the parties by their respective attorneys, and also the Jury empanelled and sworn herein and there upon the trial of this cause progressed and being finished the Jury retire to consider of their verdict.
**David R Clay vs Union Line Transportation Co**
Deposition for defendant offered and filed.
**James Andrews vs 720 Bernard M Lynch**
Deposition for plaintiff offered and filed.
**Josiah N Starin vs 910 John M Wimer**
Now comes the plaintiff, by his attorney, and acknowledges the entire satisfaction of the judgment rendered herein on the 11th of January 1859.
**Firemans Insurance Company vs 199 William Hart**
Now comes plaintiff, by its attorney, and remits forty three dollars and four cents off of the judgments rendered herein on the 6th day of the present month.
---
**Viewer Page 530** (rcdbook1858_28_0529.jpg)
> Handwritten Page Number on Record Book: 526
**Francis H Luttercord vs 221 C Dumanet**
Motion for a new trial filed.
**George Burklin vs 371 Heinrich Boernstein et al**
Motion and affidavit in support of motion to set aside order of dismissal filed.
**George Burklin vs 372 Adalbert Lochr et al**
Motion set aside order of dismissal filed.
**George Burklin vs 373 James L Faucett**
Motion to set aside order of dismissal filed.
**Frederick P Whitcher et al vs 544 William H Kidd et al**
Depositions for plaintiffs opened and filed.
Court met pursuant to adjournment. Present as before.
**James Lusks admr vs 33 James B Clot**
Dedimus to District of Columbia ordered for defendant.
**William Reynolds vs 250 Robert L Jones et al**
Separate answer of Jones filed.
**The State of Missouri to the use of William W Haydon vs 231 Irwin Z Smith, William D Sedgwick and John R Shepley.**
Petition on Bond. Now again come the parties, by their respective attorneys, and also the jury empanelled and sworn herein, and the jury aforesaid being agreed upon a verdict upon their oaths find for the plaintiff and assess his damages at the sum of four hundred and seventy six dollars and fifty six cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
---
**Viewer Page 531** (rcdbook1858_28_0530.jpg)
> Handwritten Page Number on Record Book: 527
**In the matter of the assignment of Stephen C Jett & J Samuel Jett**
On Application of Edward Mead, assignee, this day filed, the time for setting the property or effects assigned at private sale is extended three months.
**Wood W McCamant vs 19 John Todd et al**
On motion of the plaintiff by his attorney, it is ordered by the Courtthat this cause be dismissed at his costs and that execution issue therefor.
**James Lemmon vs Hardy Maratta**
Depositions for plaintiff opened and filed.
**Elizabeth Steele vs 257 Henry J Steel**
Petition for Divorce. Now come the parties, by their respective attorneys, and there upon the trial progressed and being finished the Court doth find the issues joined upon the petition in favor of the defendant and doth also find the issues joined upon the defendants cross bill in favor of the plaintiff. It is therefore considered by the Court that the plaintiff take nothing by her suit in this behalf and that the defendant take nothing by his cross bill herein but that the said parties go hence without day and that the defendant pay the costs herein and that execution issue therefor.
**George Wambsgaust vs 267 Louis Steller**
On Plea in abatement. Now come the parties, by their respective attorneys, and also come a jury; to wit; Robert J May, Peter Lehman, John Schmits, A Miller, Edward Perret, Henry Menke, H B Parsons, Sin O Leary, W W Latting, George Eversole, G Pearson, and William H Remington, twelve good and lawful men, who being duly elected, tried and sworn the issue herein joined well and truly to the try the trial progressed, but not being finished further proceedings are laid over until tomorrow morning.
Arthur G Francis is, on motion of P B Garesche, admitted and enrolled as a member of this Bar.
---
**Viewer Page 532** (rcdbook1858_28_0531.jpg)
> Handwritten Page Number on Record Book: 528
Court met pursuant to adjournment. Present as before.
**Eugene Jaccard vs 275 R Frank Green**
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**State use of Mitchell vs 303 Frederick W Meister et al**
Statement of issues filed.
**Henry Pettes vs 643 John Kirkham**
Confession of Judgment. Now comes the defendant and files a statement in writing duly verified by affidavit, whereby he confesses himself indebted to the plaintiff in the sum of five hundred dollars and consents that judgment may be rendered against him for that amount. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as confessed and also his costs herein expended and have execution therefor. Judgment to bear interest at the per cent per annum.
**State use of Francois Lamblin vs 18 Thomas H McVicker et al**
On consideration of the demurrer to the petition herein it is ordered by the Court that the same be overruled.
**The Citizens Savings Inst vs 318 Charles Myers et al**
Continued.
**Elisha W Brown et al vs 163 Wm T McMillan et al**
Alias Summons ordered for all the defendants.
**Patrick Poland et al vs 11 Frederick A Schmucker et al**
Now come the plaintiff, by their attorney, and file proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
**George H Hill et al vs 12 Frederick A Schmucker et al**
Now come the plaintiffs, by their attorney, and file proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
**Nathaniel G Barnes et al vs 540 Benjamin F C Champion et al**
Now come the plaintiffs, by their attorney, and file proof satisfactory to the Court that the order of publication made against the defendant, Champion, has been duly published according to law.
**Thomas Reyburn's Exrx vs 365 Thomas A Lonergan**
Reply to amended petition filed.
**William McDonald and William Lings vs Charles Chambers**
Assignment of judgment to Charles D Colman filed by William Lings.
---
**Viewer Page 533** (rcdbook1858_28_0532.jpg)
> Handwritten Page Number on Record Book: 529
**Samuel Copp Jr vs 439 St Louis County**
Continued by consent at defendants costs.
**Henrietta Knollhoff vs 441 John Frederick Knollhoff**
Petition for Divorce.
Now come Holmes and Romyn, attorneys for the defendant, and withdraw their appearance herein as such; thereupon, comes the plaintiff, by her attorney, but the defendant, although having been duly summoned and being now solemnly, called, comes not but makes default, wherefore on motion of said plaintiff it is ordered by the Court that petition herein be taken against him as confessed; and after hearing the proof herein the Court being satisfied of the good conduct of the plaintiff and that she is an innocent and injured party, doth order adjudge and decree that she be absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant and be restored to all the rights and privileges of an unmarried person. It is further ordered that the defendant pay the costs herein and that execution issue therefor.
**Martha Faris vs 315 Jonathan J Faris**
Petition for Divorce.
Now comes the plaintiff, by her attorney, but the defendant although duly called, comes not; thereupon the trial progressed and being finished and the Court being fully advised of and concerning the premises doth find that the plaintiff is a person of good moral character and an innocent and injured party, It is therefore considered by the Court that the plaintiff be absolutely and entirely divorced from the bonds of matrimony by her contracted with the defendant and be restored to all the rights and privileges of an unmarried person, and that the plaintiff recover of the said defendants her costs herein expended and have execution therefor.
**Lissack H Simpson vs 359 Robert M Branch et al**
Continued as on affidavit at defendants costs.
**John H Ferguson vs 351 Joseph Gainean**
Continued by consent at plaintiffs costs.
**Steam Boat William M Morrison vs 290 Elisha W Brown, Archibald C Goddin, James T Johnson, and Barton S Wilson**
Petition.
Now come the parties, by their respective attorneys, and thereupon the defendants withdraw their counterclaim herein and the parties, waiving a Jury, submit this cause to the Court upon the pleadings and proofs, and the Court being fully advised of and concerning the premises doth find for the plaintiff and asses its damages at the sum of one hundred and fifty eight dollars and thirty one cents. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid as assessed and its costs herein expended and have execution therefor.
**George Wambsgaust vs 267 Louis Steller**
Now again come the parties, by their respective attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial progressed and being finished the Jury retire to consider of their verdict.
---
**Viewer Page 534** (rcdbook1858_28_0533.jpg)
> Handwritten Page Number on Record Book: 530
**George Partridge, James Smith, William H Smith, and Henry S Reed vs 443. D D Michael and James Clark**
Petition on account.
Now come the plaintiffs, by their attorney, but the defendants although duly called comes not, and the plaintiffs waiving a Jury submit this cause to the Court upon the petition, exhibit, and proofs and the Court having duly heard and considered the same doth find there from that the defendants are indebted to the plaintiffs in the sum of three hundred and fifty three dollars and twenty five cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid inform aforesaid inform aforesaid as found and their costs herein expended and have therefor execution.
**George Partridge, James H Smith, William H Smith, and Henry S Reed vs 164 John B Carson garnishee of D D Michael and James Clark**
Garnishment.
Now come the plaintiffs, by their attorney, as well as the said garnishee, and it appearing to the Court from the answer of said garnishee that at the time he was summoned herein as such he was indebted to the defendants in the sum of one hundred and forty two dollars and thirty dollars and thirty eight cents, therefore it is considered by the Court that the plaintiffs recover of the said garnishee the sum aforesaid inform aforesaid as confessed and that out of said sum they pay the costs herein and have thereof execution. Ten dollars allowed for answering.
**Benson G Conner vs 355 Benjamin H P Butter**
Petition on note.
Now comes the plaintiff, by his attorney, but the defendant, although duly warned and solemnly called comes not but makes default wherefore, on motion of the plaintiffs it is ordered by the Court that the petition herein be taken against herein as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of four thousand two hundred and thirty eight dollars and six cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor. Judgment to bean interest at the rate of ten percent per annum from this date until paid.
**John Koch vs 27 John Schoenberg**
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**Sam H Bailey vs 350 Isaac T Wise**
By consent of parties, it is ordered by the Court that this cause be dismissed at the defendants costs and that execution issue therefore Leave is given the defendant to withdraw exhibit.
**[Thos ?] Reyburn Exn vs 365. Thomas A Lonergan**
Continued as on affidavit at defendants costs.
**Benn C Platt vs 11 Wm Bevard**
Third amended petition filed.
**Melvin L Gray trustee vs 391 Albert Albertson**
Motion to strike out reply and for judgment on counterclaim filed.
---
**Viewer Page 535** (rcdbook1858_28_0534.jpg)
> Handwritten Page Number on Record Book: 531
Court met pursuant to adjournment. Present as before.
**James M Thompson etal vs 258 William D W Barnard etal**
Continued by consent at defendants costs.
**Thomas C Fletcher vs 230 Nehemiah Holmes**
Continued on appreciation of plaintiff at his costs.
**Spencer A Turner vs 287 Timothy Ryan**
Amended petition filed by leave of Court. Cause continued.
**Antoine Morin [admrx ?] vs 334 Daniel Perreault**
Continued affidavit at defendants costs.
**Walter H Huish vs 352 Thomas B Ellis etal**
Continued.
**E G Lawson etal vs 376 Jno H Hall etal**
Continued.
**Jane Tighe vs 343 Francis Tighe**
Continued.
**James M Bristow vs 433 Pacific Rail Road Co**
Depositions for plaintiff opened and filed.
**Elisha W Brown etal vs 93. Thomas M Barron etal**
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this cause be dismissed at their costs and that execution issue therefor.
**Elizabeth A Warren vs 300 Alonzo L Warren**
Petition for Divorces.
Now comes the plaintiff, by her attorney, but the defendant although duly called comes not, and thereupon the Court proceeds to hear the evidence herein and the heaving being finished and the Court being satisfied that the plaintiff is an innocent and injured party doth and order adjudge and decree that she be absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant and be restored to all the rights and privileges of an unmarried person, and that she recover of the said defendant her costs herein expended and have execution therefor.
**Robert McDonald vs 463 Allison Stickney**
The demurer to the counter claim herein being heard and fully considered by the Court it is ordered that the same be overruled.
**Maria L Brooks vs 440 Daniel J Hancock**
Now comes the plaintiff, by her attorneys, and says that she will not further prosecute her action in this behalf but voluntarily takes a non suit. It is therefore considered by the Court that the plaintiff take nothing by her suit in this behalf but that the said defendant go hence without day and recover of said plaintiff his costs and charges herein expended and have execution therefor.
---
**Viewer Page 536** (rcdbook1858_28_0535.jpg)
> Handwritten Page Number on Record Book: 532
**George [Nambgaust ?] vs 267 Louis Steller**
On Plea in abatement.
Now again come the parties, by their respective attorneys, and also the Jury empanelled and sworn herein and being agreed upon a verdict upon their oaths say they find for the defendant. It is therefore considered by the Court that the defendant at the commencement of this suit was not about fraudulently to convey and assign his property or effects so as to hinder and delay his creditors: wherefore it is ordered by the Court that this cause be dismissed and that execution issue therefor against the plaintiff.
**Francis M Faul and William H Kelly vs The St Louis Alton and Chicago Rail road Company**
Petition on account.
Now come the parties, by their respective attorneys, and the Court having duly heard and considered the motion for a continuance filed by the defendant doth overrule the same; and thereupon come a Jury to wit; Martin Seifert, J Ludwig, William Stevens, J H Timmermann, A [Hapin ?], F [Scheaveatye ?], Wilson Chamblin, CW Stine, L Preston, Wilmot Cady and A Harington eleven good and lawful men who being by consent duly elected tried and sworn the issues herein joined well and truly the try the trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiffs and assess the damages at the sum of one thousand dollars and fifty two cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as assessed and their costs herein expended and have execution therefor.
**Daniel Devlin, William Devlin, Jonathan Ogden, Stephen W Jessup, and John Devlin vs 368 Morris D Myers.**
Petition on Note.
Now at this day this cause being called for trial the plaintiffs come by their attorney, but the defendant, although duly called comes not; and the plaintiffs waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find that the defendant is indebted to the plaintiffs in the sum of six hundred and twenty four dollars and ninety cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid inform aforesaid as found and their costs herein expended and have execution therefor.
**St Louis and Iron Mountain Rail Road Company vs Charles S Rannello**
Louis V Bogy, President of the St Louis and Iron Mountain Rail Road Company in open acknowledge to have received full and entire satisfaction of the judgment rendered in this cause in the ninth day of April, 1858.
**William H Oliver vs 379 Adams Express Company**
Now comes the plaintiff, by his attorney, and says here will not further prosecute his action in this behalf but voluntarily takes a [nonsaid ?]. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf but that the defendant go hence without day and recover of the said plaintiffs costs herein expended and have execution therefor.
**Catharine M [Cupp ?] vs William H [Cupp ?]**
Motion for maintenance [pendent elite ?] filed.
---
**Viewer Page 537** (rcdbook1858_28_0536.jpg)
> Handwritten Page Number on Record Book: 533
**John H Thaler vs 289 Wilhelm [Simsheuser ?]**
Now come the parties by their respective attorneys, and thereupon come also a Jury, to wit; R J May, Peter Lehman, John Schmitz, A Miller, Edward Berret, Henry Minke, H B Parsons, Jim O Leary, William W Latting, George Eversole, G Pearson, and William H Remington, twelve good and lawful men who being duly elected tried and sworn the issue herein joined well and truly to try the trial progressed but not being further proceedings are laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
**Bennle Platt vs William Bevard**
Demurer to third amended petition filed.
**Isaac W Mitchell vs William M McPherson, James O Carson and Nicholas Springer and Louis A Welton.**
Plaintiff in person acknowledges to have received full and entire satisfaction of the judgment rendered herein on the 24th day of February 1858.
**Joseph Seal vs 209 Lucy Ann Seal**
Petition for Divorce.
Now comes the plaintiff, by his attorney, but the defendant although duly called comes not, and thereupon the Court proceeds to hear the proofs herein and having duly heard the same and being satisfied of the good conduct of the plaintiff and that he is an innocent and injured party, it doth order adjudge and decree that he be also truly and forever divorced from the bonds of matrimony by him contracted with the defendant and be restored to all the nights and privileges of announced person. It is further ordered by the Court that the plaintiff pay the costs herein and that execution issue therefor.
**Daniel Devlin et al vs 368 Morris D Myers**
Motion for a new trial filed by defendant.
**Melvin L Gray trustee vs 391 Albert Albertson**
Continued on affidavit at plaintiffs costs.
**Michael Murphy vs Calvin C Burt garn. of Archie Campbell**
Claim of Geo Pipe filed.
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**Viewer Page 538** (rcdbook1858_28_0537.jpg)
> Handwritten Page Number on Record Book: 534
**Jane Doyle vs John Doyle**
Affidavit of Samuel A Holmes filed.
**Nathaniel W Floyd vs 197 Jesse Dean etal**
Deposition for defendants opened and filed.
**Benn C Platt vs William Bevard**
Deposition for defendants opened and filed.
**Edward P Tesson vs 368 The Terre Haute Alton and St Louis Rail Road Company**
Now comes the plaintiff, by his attorney, but the defendant although having been duly summoned and being now solemn by called, comes not but makes default, wherefore on motion of the plaintiff it is ordered by the Court that the petition herein be taken against the said defendant as confessed.
**George W Brackett vs 369 The Terre Haute Alton and St Louis Rail Road Company**
Now comes the plaintiff, by his attorney, but the defendant although duly summoned and being now solemn by called, comes not but makes default, wherefore on motion of the plaintiff it is ordered by the Court that the petition herein be taken against the said defendant as confessed.
**Rueben Loeb etal vs William P Shryock etal**
Deposition for defendants opened and filed.
**James P Watson vs Thomas Pehan and John Pehan**
Order for Delivery.
The plaintiff comes and files a petition and affidavit according to law, claiming the possession of certain personal property therein described; wherefore it is ordered that the defendants deliver the property specified in said petition and affidavit to the Sheriff of St Louis County and said Sheriffs hereby directed if said property be not delivered to him to take it from the defendants and deliver it to the plaintiff.
**John H Thaler vs 289 Wilhelm Simsheuser**
Now again come the parties by their respective attorneys, and also the Jury empanelled and sworn herein and thereupon the trial progressed but not being finished laid over until Monday Morning.
---
**Viewer Page 539** (rcdbook1858_28_0538.jpg)
> Handwritten Page Number on Record Book: 535
Court met pursuant to adjournment. Present as before.
**Henry T Mudd etal vs 498 George Y Bast**
Now come the plaintiffs by their attorney and say they will not prosecute their action in this behalf. It is therefore considered by the Court that the plaintiffs take nothing by their suit in this behalf but that the defendant go hence without day and recover of the plaintiffs his costs herein expended and have execution therefor.
**Josiah W Kennedy vs 471 John E Coock**
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**Zeb F Wetzell and Otho Wetzell vs 282 Joseph Murphy**
Order of Publication. Attachment.
It appearing to the satisfaction of the Court that the defendant cannot be served with the ordinary process of law, therefore on motion of the plaintiffs, by their Attorney, it is ordered by the Court that the said defendant be notified that a civil action has been commenced against him and account of goods drugs and medicine sold and delivered by the plaintiffs to the defendant amounting to the sum of six hundred and seventy dollars and twelve cents, and that his property has been attached, and unless he be and appear at the next term of this Court to be begun and holden at the City of St Louis within and for the County of St Louis on the last Monday of September next and on or before the third day thereof answer the plaintiffs petition judgment will be 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 Missouri Democrat a newspaper printed and published in the City of St Louis.
**Robert McDonald vs Allison Stickney**
Petition in Replevin.
Now come the parties, by their respective attorneys, and file an agreement herein and agree that judgment be rendered herein in favor of the plaintiff for one cent damages and the restitution of the property mentioned the petition and affidavit and that the value of said property be assessed at the sum of one hundred and fifty five dollars. It is therefore considered by the Court that the said defendant return the property mentioned in the petition and affidavit, to wit: me small bay stud horse, a [Bett ?] of single harness, and a one horse himber waggon, or that the said defendant and James P Garrison and John C Gilmore, the securities in the bond given for the retention of said property pay the plaintiff the value of said property and the damages agreed upon and the costs herein expended and that the plaintiff have execution therefor.
**Charles H Rhoads vs 181 Moses Perrin**
On motion of plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**Henry Overstolz etal vs 182 Moses Perrin**
On motion of the plaintiff by their Attorney, it is ordered by the Court that this cause be dismissed at their costs and that execution therefor.
**St Louis Bagging & Rope Co vs 459 James E Yeatman etal**
Abstract of issue filed.
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**Viewer Page 540** (rcdbook1858_28_0539.jpg)
> Handwritten Page Number on Record Book: 536
**Percival Platt vs 10 William Bevard**
Dedimus ordered to Illinois for plaintiff.
**Benn C Platt vs 11 William Bevard**
Dedimus ordered to Illinois for plaintiff.
**John H Thaler vs 289 Wilhelm Simsheuser**
Now again come the parties by their respective attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial progressed and being finished the Jury retire to consider of their verdict.
**The State of Missouri to the use of Isaac W Mitchell vs 303. Frederick W Meister, Charles A [Cuno ?] and Ignastius A Day.**
Petition on Bond.
Now come the parties, by their respective attorneys, and thereupon come also a Jury, to wit; John Durack, D H Sackman, J B Grady, Jacob Moerschal, R B McAuliff, E F Eaton, William F Groeschuder, J W Branch, William J S Clark, J H Colmeyer, B Flemin, and James McArthur, twelve good and lawful men, who being duly elected tried and sworn the issues herein joined well and truly to try the trial progressed but not being finished further proceedings herein are laid over until tomorrow morning.
**William C Holmes vs 501 Augustus G Garrett**
Alias Summons ordered.
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**Viewer Page 541** (rcdbook1858_28_0540.jpg)
> Handwritten Page Number on Record Book: 537
Court met pursuant to adjournment. Present as before.
R Goodridge Woodson and Edward Bates, two credible witnesses, examined under oath; prove the execution and acknowledgment of a deed of emancipation by Sarah Bates to her slave Angelina (commonly called Ann) about twenty five or twenty six years old.
**Reuben Loeb et al vs 630 William P Shryock etal**
The motion made by the Clerk for security for costs, being heard and fully considered by the Court it is ordered that the same be sustained. Agreement filed and cause continued by consent.
**Albert Kelly etal vs 59 B F Tompkins**
Now come the plaintiffs by their attorney and dismiss this suit and it is ordered by the Court that execution issue against the plaintiffs for the costs. By leave plaintiff withdraws note sued on.
**William A Robinson no Robert Stevens**
Plaintiff files an assignment of the judgment herein to Albert N Sterling.
**William F Alter vs 641 Daniel J Hancock**
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**James O Alter vs 642 Daniel J Hancock**
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**Isaac T [Vanduzer ?] et al vs 564 A S Dwen etal**
Now come the plaintiffs attorney and withdraw their appearance herein thereupon the plaintiffs being duly called come not wherefore on motion of the defendants by their attorney, it is ordered by the Court that the plaintiffs take nothing by their suit in this behalf but that the defendants go hence without day and recover of said plaintiffs their costs herein expended have thereof execution.
**Samuel L M Barlow vs Joseph H Oglesby etal**
Depositions for dependants opened and filed.
**Hugh M Thompson vs 344 Ephraim Shirley**
On note.
Now come the plaintiffs by their attorney, but the defendants although duly summoned and called comes not but makes default wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and forty six dollars and forty seven cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
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**Viewer Page 542** (rcdbook1858_28_0541.jpg)
> Handwritten Page Number on Record Book: 538
**Abraham H Hoge etal vs 887 William T Mather etal**
Agreement filed and cause continued as on affidavit at defendants costs.
**Henry Heper vs 450 George Jackson**
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**Rebecca Myers vs 473 Charles Myers**
Now comes the plaintiff, by her attorney, and files proof satisfactory to the Court that the order of publication made herein has been duly published according to law
**Pierce E [Brulatow ?] vs 571 William Wheeler etal**
Ordered that an alias summons issue herein for Jno N Boffenjer.
**John H Thaler vs 289 Wilhelm Simsheuser**
Now again come the parties by their respective attorneys, and also the Jury empanelled sworn herein, and being agreed upon a verdict upon their oaths find for the defendant. It is therefore considered by the Court that the defendant at the commencement of this suit was not about fraudulently to conceal remove or dispose of his property so as to hinder and delay his creditors and that he had not fraudulently removed or disposed of his property so as to hinder and delay his creditors: wherefore it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**The Sate of Missouri both issue of Isaac W Mitchell vs 303 Frederick W Meister, Charles A Cuno and Ignatius A Day**
Petition on Bond. Now again come the parties by their respective attorneys, and also the Jury empanelled sworn herein, and thereupon the trial progressed but not being finished further proceedings herein are laid over until tomorrow morning.
**Francis McFaul etal vs 294 St Louis Alton and Chicago Rail Road Company**
Motion for a new trial filed.
**Henry F Given etal vs 75 John B S Lemoine**
The defendant files an answer herein.
**Peter A Berthold, Julius H Smith, and [MacKlot ?] Thompson vs Andrew Downing and Chauncey Rose**
Order of Publication. Attachment. Now come the plaintiffs, by their attorney and file an addition affidavit herein from which it appears to the Court that the defendants are non residents of the State of Missouri, wherefore, on motion of said plaintiffs, it is ordered by the Court that the said defendants be notified that a civil action has been commenced against them for the sum of one hundred and fifty four dollars and seventy five cents, on account of goods sold and delivered to and money laid out and expended for them by the plaintiff and
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**Viewer Page 543** (rcdbook1858_28_0542.jpg)
> Handwritten Page Number on Record Book: 539
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 within and for the County of St Louis on the fourth Monday of September next and on or before the third day thereof answer demur to or otherwise plead to the petition herein the same will be taken against them as confessed judgment rendered against them and their property sold to satisfy the same. It is further order that a copy hereof be published according to law in the Missouri Democrat a newspaper printed and published in the City of St Louis.
**David Y Bridges etal vs John W Hedenberg surviving partner of Jno H Russell decd**
Now come the plaintiffs, by their attorney, and acknowledge to have received full and entire satisfaction of the judgment rendered herein on the 18th day of November, 1857.
Court pursuant to adjournment. Present as before.
**Joseph Schnaider vs 421 Andreas Knehler etal**
Replication filed.
**Bank of Missouri vs 489 J W Chenoweth etal**
Continued.
**James Waugh vs 514 Leon J Papin etal**
Now comes Joseph L Papin guardian of the minor defendants, Alphonse Dupre, Eugene Papin and Josephine Papin, and enters the appearance of the said defendants to this action and files an answer herein.
**James K Fisher vs 595 R J Tunstall etal**
Statement of R M Funkhouser filed.
**John Wolff et al vs 457 Jacob Schild**
Continued.
**David W Hill vs Michael S Cure**
Order for Delivery. The plaintiff comes and files a petition and affidavit, according to law, claiming the possession of certain personal property therein described; wherefore it is ordered that the defendants deliver the property specified in said petition and affidavit 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 defendants and deliver it to the plaintiff.
**Philip Thomas vs 445 Andrew Krautler**
Continued a son a affidavit at defendants costs.
**George H Locker etal vs 47 Sam Wilson etal**
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
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**Viewer Page 544** (rcdbook1858_28_0543.jpg)
> Handwritten Page Number on Record Book: 540
**Justus Teuteberg vs 679 Harris Newman**
Petition for Slander. Now come the parties, by their respective attorney, and consent and agree that judgment may be rendered herein in favor of the plaintiff against the defendant for the sum of one cent. It is therefore considered by the Court that the plaintiff recover and defendant the sum aforesaid in form aforesaid as found and also his costs herein expended and have thereof execution.
**The St Louis and Iron Mountain Rail Road Company vs 665 Delphy Carlin**
No one appearing to prosecute this action it ordered that the same be dismissed at the plaintiffs costs and that execution issue therefor.
**John Diemert vs 646 Jacob [Mussler ?]**
Now comes the defendant by his attorney but the plaintiff although called come not wherefore on motion of the defendant it is ordered by the Court that the plaintiff take nothing by his suit in this behalf but that the said defendant go hence without day recover of the plaintiff his costs herein expended and have execution therefor.
**George Rogers vs 490 Leopolt Mayer**
Now comes the plaintiff, by his attorney, but the defendant, although duly waived and so lonely called, comes not but makes default, wherefore, on motion of he plaintiff it is ordered that the petition herein be taken against him as confessed; and the cause is continued.
**Geo B Owens etal vs 395 D A Winter**
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this suit be dismissed at their costs and that execution issue therefor.
**Henry Wells President & c vs 150 M AO Rourke**
Deposition for plaintiff filed.
**John Brooks vs 501 Geo T Brady etal**
Motion to strike out answer and for judgment filed.
**James K Fisher vs 595 A J Tunstall etal**
The motion to suppress plaintiffs depositions taken in Chicago being head and fully considered by the Court it is ordered that the same be sustained and that said deposition be suppressed.
**The State of Missouri to the use of Isaac W Mitchell vs 303 Frederick W Meister etal**
Petition on Bond. Now come the parties, by their respective attorney, and also Jury empanelled and sworn herein, and thereupon the trial of this cause progressed and being finished the Jury retire to consider of their verdict.
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**Viewer Page 545** (rcdbook1858_28_0544.jpg)
> Handwritten Page Number on Record Book: 541
Court met pursuant to adjournment. Present as before.
**Louis P James vs 293. Samuel Fredericks etal**
Motion for security for costs filed.
**James K Fisher vs 595 R J Tunstall etal**
Leave is given plaintiff to withdraw depositions taken in Chicago, Dedimus to Illinois for plaintiff.
**Lawrence R [Wohlien ?] vs 445 John Wolff**
Continued.
**John Sigerson vs 814 Jno M Krum**
Continued.
**Henry N Hart assignee vs 424 Pacific Rail Road Co**
Continued.
**Tallmadge Stevens vs 523 Charles Burchard**
Continued.
**James F Donaldson etal vs 723 Henry C Martin etal**
Continued.
**St Louis Bagging Rope Co vs 459 James E Yeatman etal**
Continued.
**John D Taylor et al vs 822 James D Houseman etal**
Continued.
**Bernard Popping vs 731 Francis Savignac**
Ordered that an alias Summons issue herein.
**Nathaniel G Carver and Samuel Haskell vs 540 Benjamin F C Champion and Joseph Papin**
On Bill of Exchange. Now come the plaintiffs, by their attorneys, but the defendants, although duly summoned and solemnly called, come not but make default, wherefore; on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds from the instruments in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of two hundred and eighty nine dollars and thirty nine cents. It is therefore considered, by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**Ellen Doogan vs 537 Thomas T Doogan**
Petition for Divorce. Now comes the parties by their respective attorney, and thereupon the trial progressed and being finished and the Court being satisfied of the good conduct of the plaintiff and that she is an innocent and injured party doth order adjudge and decree that she be absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant and he restored to all the might and privileges of an unmarried person. It is further ordered that the plaintiff pay the costs herein and that execution issue therefor.
**In the matter of the Steam Boat St Mary**
Claim of Carson Springer and Wannell filed.
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**Viewer Page 546** (rcdbook1858_28_0545.jpg)
> Handwritten Page Number on Record Book: 542
**Isabella and Lavenia Harper vs 908 Andrew Harper etal**
The Court appoints Andrew Harper, guardian addition of William M Smith, Andrew Smith, and Ann E Smith, thereupon comes said Andrew Harper and files his acceptance of said appointment and by leave of Court files his answer for said minor defendants.
**The Marine Bank of Chicago vs 483 Richard J Tunstall etal**
Dedimus to Illinois for plaintiff.
**Richard Knight vs 702 Sam Hambleton**
On motion of the plaintiff, by the attorney it is ordered by the Court that this cause be dismissed at this costs and that execution issue therefor.
**Edward James vs 548 James Co hicks**
Continued on a affidavit at defendants costs.
**John H Thaler vs 289 Wilhelm Simsheuser**
Motion for a new trial filed.
**James Andrews vs 720 B M Lynch**
Continued on application of defendants a this costs.
**Samuel Mount vs 529 Samuel Denny and Fred J Douglass**
On note. Now come the parties, by their respective attorneys, and thereupon come also a Jury, to wit; Morris Eisner, Louis Tennet, Albert Fisher, George Fischloff, R N Locke, J Teuteberg, T G Burgess, A McCune, William Fine, and Henry Tobner, ten good and lawful men who being by consent duly elected tried and sworn the issues herein joined well and truly to try the trial progressed and being finished the Jurors aforesaid upon their aforesaid find for the plaintiff and assess the damages at the sum of three hundred and two dollars and forty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid as assess and his costs herein expended and have execution therefor. The defendants with draw then answer herein.
**State of Missouri to use of Julius Voelker vs 431 John H Garnhart, George Walton, and Matthew Palen**
On account. Now come the parties, by their respective attorneys, and thereupon come also a Jury, to wit; Morris Eisner, Louis Tennet, John Lay, George Fischloff, R N Locke, J Teuteberg, T G Burgess, A McCune, William Fine, and Henry Tobner, ten good and lawful men who being by consent duly elected tried and sworn the issues herein joined well and truly to try the trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find for the defendants. It is therefore considered by the Court that the plaintiff take nothing by their suit in this behalf but that the defendants go hence without day and recover of the plaintiff their costs herein expended and have execution therefor.
**George Wambogaust vs 207 Louis Steller**
By leave of Court plaintiff withdraw Exhibit seudon.
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**Viewer Page 547** (rcdbook1858_28_0546.jpg)
> Handwritten Page Number on Record Book: 543
**The State of Missouri to the use of Isaac W Mitchell vs 303. Frederick W Meister, Charles Abuno and Ignatius A Day**
Petition on Bond. Now again come the parties, by their respective attorneys, and thereupon come the Jurors empanelled and sworn herein, and says they are unable to agree upon a verdict; wherefore, it is ordered by the Court that the said jury be discharged and this cause continued until the next term of this Court.
**Samuel Espy vs 828 Thomas Amos administrator of Charles Amos**
Appeal from Probate Court. Now come the parties, by their respective attorneys; and agree that judgment may be rendered herein in favor of the plaintiff for the sum of Sixty five dollars and fifty four cents. It is therefore considered by the Court that the plaintiff recover of the estate of Charles Amos in the hands of Thomas Amos, his administrator, the sum aforesaid as agreed upon and also his costs herein expended; and thereupon the parties agree that each party pay one half the costs herein.
**Aaron S W Goodwin and Robert Anderson vs 800 Dominick J McLaughlin**
On account. Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called comes not, and the plaintiffs waiving a jury submit this cause to the Court upon the petition exhibits and proofs and the Court having duly heard and considered the same doth assess the plaintiffs damages at the sum of three hundred and seventeen dollars and forty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as assessed and their costs herein expended and have execution therefor.
**Dwight Durkee et al vs 263 Daniel T Wright et al**
On motion of the plaintiffs, by their attorney, it is ordered by the Court that that this cause be dismissed at their costs and that execution issue therefor. Plaintiffs withdraw note sued on.
**George N Beard and Eleazer J Beard vs 51 William B Olmstead, Collins D White and A C Ketcham**
Order of Sale. Michael S Cerre, Esq, Sheriff of St Louis County, comes and files a statement from which it appears that the keeping of the property attached under the writ herein will be attended with much expense before the probable termination of this suit, and is likely to depreciate in value; it is therefore ordered that said Sheriff sell said property according to law; and that he make a report of his proceedings under this order before the first day of the next term of this Court.
**The State of Missouri to the use of William W Haydon vs 232 Irwin Z Smith, William d Sedgwick and John H Rankin**
Petition on Bond. Now come the parties, by their respective attorneys, and also a jury, to wit; D H Lackman, J Moerschall, William F [Groesheider ?], James W Branch, William J S Clark, J H Colemeyer, B Fleming, James McArthur, Louis [Pournot ?], T G Burgess, John Hartshorn, and 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 progressed but not being finished further proceedings are laid over until tomorrow morning.
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**Viewer Page 548** (rcdbook1858_28_0547.jpg)
> Handwritten Page Number on Record Book: 544
Court met pursuant to adjournment. Present as before.
Jesse Weller whose identity is proven by the testimony of William Matthews and David Anderson, acknowledges the execution of a deed of emancipation to slave Ester aged about fifty years of a bright copper color.
**Charles Wiggins vs 360 Charles L Hunt, Walter H Dorsett, William P Fenn, Wm C Woodson, Richard H Stevens, Philip s Lanham, and John McDowell**
Now comes the plaintiff, by his attorney, and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the 26th day of October AD 1858.
**Henry F Given et al vs 448 George F Hill**
Reply to answer and counterclaim filed.
**John H Thaler vs 289 Wilhelm Simsheuser**
Affidavit in support of motion for a new trial filed.
**In the matter of the assignment of Bartlett McComb and Company**
On application of John Brown, assignee, this day filed the time for filing an inventory is extended thirty days.
**Augustus N Berthoud vs 805 John P Callahan**
Continued.
**Augustus N Berthoud vs 807 Wm H Haydon**
Continued.
**The State of Missouri to the use of William W Haydon vs 232 Irwin Z Smith, William D Sedgwick and John H Rankin**
Petition on Bond. Now again come the parties, by their respective attorneys, and also the jury empanelled and sworn herein and thereupon the trial progressed but not being finished is laid over until tomorrow morning.
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**Viewer Page 549** (rcdbook1858_28_0548.jpg)
> Handwritten Page Number on Record Book: 545
Court met pursuant to adjournment. Present as before.
**In the matter of the Steam Boat Polar Star**
This day having been appointed for the hearing of claims against the said Steamboat Polar Star and the Court being satisfied that there has been due publication to claimants, proof of which is filed, doth proceed to hear and determine the claims filed and doth allow the following demands and place the same in the second days, to wit;
| Joseph Garneau # 135,57 | Davis and Co # 232,00 |
| --- | --- |
| Jno Williams 790,80 | Carson Springer & Wannell # 2300,37. |
| Henry Ashlrook & Co 287,09 | P T McSherry & Co 941,03. |
| Carter & Bartle 358,78. | Boylan & Gettys 82,50 |
| Gaty McCune & Co 39,40. | |
And the hearing to the demands of Robert and [N ?] A Thornburg, Doyle and Corby, Wilgus noble and Co [ace ?] laid over until Monday morning.
**In the matter of the Steam Boat St Mary**
This day having been appointed for the hearing of claims against the said Steam boat St Mary, and the Court being satisfied that there has been due publication of notice to claimants, proof of which is filed, doth proceed to hear and determine the claims filed, and doth allow the following and place the same in the second class of liens, to with;
| Joseph Garneau # 112,94 | Henry Ashlrook & Co # 383,40 |
| --- | --- |
| Jno Williams 201,93. | Carson Springer &Wannell 1885,96. |
And the claim of Carlton J Corwin for # 16,50, is rejected by the Court. And the Court appoints Warren Montfort Esq Commissioner to adjust the above allowed demands.
**William T Rop & James Ballard vs 598 D W Wheeler and A Becker**
On note. Now come the plaintiffs, by their attorney, and dismisses this suit as to the defendant, Becker, but the defendant Wheeler, although duly called comes not, but makes default, wherefore on motion of the plaintiffs, the Court doth find from the instrument in writing on which this action is founded that the defendant, Wheeler, is indebted to the plaintiffs in the sum of five hundred and thirty one dollars and sixty four cents. It is therefore considered by the Court that the plaintiffs recover of the said defendant the debt aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**Catharine M Cupp vs 43 [N ?] H Cupp**
Notice of motion for allowance filed.
**State use of [Voelker ?] vs 431 Jno H Garnhart et al**
Motion for a new trial filed.
**The State of Missouri to the use of William W Haydon vs 232 Irwin Z Smith et al**
Petition on Bond. Now again come the parties by their respective attorneys, and also the jury empanelled and sworn herein and thereupon the trial of this cause progressed but not being finished is laid over until Monday morning.
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**Viewer Page 550** (rcdbook1858_28_0549.jpg)
> Handwritten Page Number on Record Book: 546
Court met pursuant to adjournment. Present as before.
**Stephen Hough et al vs 843. Ira Todd garn.**
Answer filed.
**William Patrick et al vs 835 Western Mutual Fire & Marine Ins Co**
Continued
**William Patrick et al vs 836 Home Mutual Fire & Marine Ins Co garn.**
Continued.
**William Patrick et al vs 832 Pacific Ins Co garn.**
Continued.
**In the matter of the Steam Boat Polar Star**
The Court now proceeds to hear and determine the claims laid over until today and doth allow the claims of Robert & William A Thornburg for # 1171,21 and Wilgus noble and Co for # 10,00 and doth reject the claim of Doyle and Corby no one appearing to sustain the claim, and the Court doth appoint Warren Montfort Commissioner to adjust the claims allowed against said boat.
**Henry F Given et al vs 75 John B S Lemoine**
Motion to strike out answer filed.
**State use of Michael Werk et al vs 584 David Anderson et al**
Depositions for plaintiff opened and filed.
**David P Clay vs 156 Union Line Transportation Company**
Petition. Now come the parties, by their respective attorneys, and consent that judgment be rendered herein for the sum of two hundred and ninety five dollars in favor of the plaintiff. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as agreed upon and also his costs herein expended and have execution therefor. Thereupon the plaintiff acknowledge the receipt of full and entire satisfaction of the above judgment.
**The State of Missouri to the use of William W Haydon vs 232 Irwin Z Smith, William D Sedgwick and John H Rankin**
Petition on Bond. Now again come the parties, by their respective attorneys and also the jury empannelled and sworn herein and thereupon the trial progressed and being finished the jurors empannelled and sworn herein upon their oaths find for the plaintiff and assess the damages at the sum of four hundred and six dollars and thirty eight cents. It is therefore considered by the Court that the plaintiff recover of the defendants to the damages aforesaid in form aforesaid as assessed and also his costs and charges in this behalf expended and have execution therefor.
**John H Thaler vs 289 W Simsheuser**
Affidavit of Henry Remour filed.
**Mark Hamilton vs 682 Jno McCarthy**
Continued.
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**Viewer Page 551** (rcdbook1858_28_0550.jpg)
> Handwritten Page Number on Record Book: 547
**Walter H Huish vs 352 Thomas B Ellis et al**
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**Benn C Platt vs 11 William Bevard**
Depositions for plaintiff opened and filed.
Court met pursuant to adjournment. Present as before.
**In the matter of the Steam Boat Editor**
Order of Sale. Michael S Cerre, Esq, Sheriff of St Louis County, files a statement upon which it appears to the Court that he has seized the said Steam boat Editor under certain warrants and executions and that five days have elapsed since said seizure, that no person has given bond according to law for the release of said boat; therefore it is ordered that said Sheriff proceed to sell said boat by publication to the highest and best bidder for cash first giving twenty days notice of the time and place of sale by publication according to law.
**Gustav Guenther vs Francis Cornet et al**
Continued to May eleventh at defendant costs.
**Gustav Guenther vs Louis J Rankin et al**
Continued to the eleventh day of May next at defendants costs.
**Percival S Drown and Charles Clinton vs 609 Samuel K Hutchinson garnishee of Francis Lancaster**
It appearing to the Court from the answer of said garnishee that at the time he was summoned herein as such he as indebted to the defendant, Lancaster, in the sum of two hundred and ninety five dollars and fifty cents, therefore, on motion of the plaintiffs by their attorney, it is ordered by the Court that the said garnishee pay over to the Sheriff of St Louis County the said amount of two hundred and ninety five dollars and fifty cents forthwith.
**Timothy Conroy vs 79 Margaret Conroy**
Now comes the plaintiff and files a petition and affidavit according to law, from which it appears that the defendant is a non resident of the State of Missouri, therefore, on motion of said plaintiff, by his attorney, it is ordered by the Court that the defendant be notified that a civil action has been commenced
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**Viewer Page 552** (rcdbook1858_28_0551.jpg)
> Handwritten Page Number on Record Book: 548
against her the object of which is to obtain a decree of divorce from the bond of matrimony by the plaintiff contracted with the defendant on the ground of adultery and also to obtain the possession and control of the child mentioned in the petition, and that unless she be and appear at the next term of this Court to be begun and held at the City of St Louis within and for the County of St Louis on the last Monday of September next and on or before the sixth day thereof answer demur to or otherwise plead to the petition herein the same will be taken against her as confessed. It is further ordered that a copy hereof be published as the law directs, in the Missouri Republican a newspaper printed and published in the City of St Louis.
**Lorenz [Schafflir ?] vs 880 Terre Haute Alton and St Louis Rail Road Company garnishee of Franklin Field and William G Goodale**
Garnishment. Now comes the plaintiff by his attorney, but the said garnishee although duly called, comes not, and the plaintiff waiving a jury submits this proceeding to the Court upon the interrogatories and proofs and the Court having duly heard and considered the same doth find that at the time it was summoned herein as such was indebted to the defendant Field in an amount greater than the amount of the judgment herein and that the amount of said judgment is five hundred and eighty six dollars and fifty cents; therefore it is ordered by the Court that the plaintiff recover of the said garnishee the sum of five hundred and eighty six dollars and fifty cents and also his costs in the original suit and in this proceeding expended and have thereof execution.
**Victor A Sarton vs 902 Lucian H Fuller garnishee of Samuel T Jacoby et al**
Garnishment. Now comes the plaintiff, by his attorney, but the said garnishee, although duly summoned and called, comes not but makes default, wherefore on motion of the plaintiff, it is ordered by the Court that the interrogatories herein be taken against the said garnishee as confessed; and no jury being required this proceeding is submitted to the Court upon the pleadings and proofs, and the Court doth find there from that the said garnishee at the time he was summoned herein as such was indebted to the defendants in the sum of thirty five dollars and sixty seven cents. It is therefore considered by the Court that the plaintiff recover of the said garnishee the sum aforesaid in form aforesaid as found and [that take of said ?] sum he pay the costs herein expended and have execution therefor.
**Bennett S Aden vs 853 John Scott, Clingan Scott and William C Scott, garnishees of Dick and McClure**
Garnishment. Now comes the plaintiff by his attorney, and moves the Court for judgment on the answers of said garnishees and it appearing to the Court from said answers that the said garnishees at the time time they were summoned herein as such were indebted to the defendants in the sum of one hundred and seventeen dollars and sixteen cents; therefore it is considered by the Court that the plaintiff recover of the said garnishees the sum aforesaid in form aforesaid as confessed and have execution therefor, and that out of said sum he pay the costs herein expended, The sum of twenty five dollar is allowed said garnishees for their attorneys fees and also the sum of ten dollars each for answering herein.
**David Anderson et al vs 866 David Hirsch garn.**
Continued.
**David Anderson et al vs 863. David Hirsch garns**
Continued.
**Henry Pike vs 870 David Hirsch garn.**
Continued.
**State use of Haydon vs 232 Irwin Z Smith et al**
Motion for a new trial filed.
---
**Viewer Page 553** (rcdbook1858_28_0552.jpg)
> Handwritten Page Number on Record Book: 549
**Alexander Beal and George K Hooper vs 330 Francis Hofelmann**
On note. Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and being now solemnly called, comes not but make default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of two hundred and seventy one dollars and forty three cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**Benj Leiber vs 880 St Louis Agricultural and Mechanical Association garn.**
Continued.
**Henry T Mudd et al vs 868 A M Waterman et al garn.**
Continued.
**Bowman C Baker et al vs 9 Frederick A Schmucker et al**
Motion to suppress depositions filed.
Court met pursuant to adjournment. Present as before.
Henry Papin Who is personal known to the Court, in open Court, acknowledge the execution of a died of emancipation to his slave Louise of dark color aged about seventeen.
**Catharine M Cupp vs 43 William M Cupp**
Now come the parties, by their respective attorneys, and the defendant files an answer and the parties submit to the Court the motion for allowance of alimony, [pendent lite ?], which being seen heard and fully understood by the Court, it is ordered that the said motion be sustained and that the defendant pay forth with to the plaintiff or to [Mess ?] Bland and Colman, her attorneys, the sum of one hundred and fifty dollars for counsel fee and to defray the expenses of the prosecution of this action, so far; and also pay the plaintiff the sum of fifty dollars for her support and maintenance for one month commencing on the fourth day of the present month and the like sum of fifty dollars on the fourth day of each and every month there after until the further order of this Court.
**Virginia W [Mulhoeffer ?] vs 350 Peter [Mulhoeffer ?]**
Now comes the plaintiff, by her attorney, and files proof [satistory ?] to the Court that the order of publication made herein has been duly published according to law.
---
**Viewer Page 554** (rcdbook1858_28_0553.jpg)
> Handwritten Page Number on Record Book: 550
**Thomas Beste and William McClelland vs 148 Eleazer J Beard and George W Beard**
Petition on Account.
Now come the plaintiffs try their attorney, but the defendants, although duly called come not, and the plaintiffs waiving a Jury submit this cause to the Court upon the petition exhibits and proofs and the Court having duly heard and considered the same the same doth assess the damages at the sum of one hundred and thirty five dollars and thirty seven cents. It is therefore considered by the Court that the plaintiffs recover of the defendants to the damages aforesaid as foresaid and their costs herein expended and have thereof execution.
**Sylvester Papin and Theophile Papin vs 64 George Field**
On account.
Now come the plaintiffs, by their attorneys but the defendant although duly called comes not but makes default, and the plaintiffs waiving a Jury submit this cause to the Court upon the petition exhibit and proofs and the Court having duly heard and considered the same doth assess the damages at the sum of two hundred and thirteen dollars and ninety seven cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid as assessed and their costs herein expended and have execution therefor.
**Peter A Berthold et al vs 66 Andrew Downing et al**
By leave of Court plaintiffs amend their petition by making Edward J Peck codefendant.
**Mary E Leonard vs 57 [Algunon ?] S Leonard**
Petition for Divorce.
Now comes the plaintiff, by her attorney, but the defendant although duly called comes not; and thereupon the trial progressed and being finished the Court doth find that the plaintiff is and innocent and injured party. It is therefore considered by the Court that the plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant and be restored to all the nights and privileges of an unmarried person and that she have the care and control of the infant child, James W Leonard, mentioned, in the petition and that she pay the costs herein.
**James V Fisher and William A Miller vs 208 Harriett O Van Court and John H Schenck**
On account.
Now comes the plaintiffs, by their attorney, but the defendants, although duly called come not, and the plaintiffs, waiving a Jury submit this cause to the Court upon the petition exhibit and proofs and the Court having duly heard and considered the same doth assess the plaintiffs damages at the sum of one hundred and forty three dollars and eighty five cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as assessed and their costs herein expended and have execution therefor.
**James Lusk [admr. ?] vs James B Colt**
Deposition for defendant opened and filed.
**Jeremiah Cronin [admr. ?] vs 279 William O Shands**
On motion of the plaintiff, by her attorney, it is ordered by the Court that the answer herein be stricken out.
---
**Viewer Page 555** (rcdbook1858_28_0554.jpg)
> Handwritten Page Number on Record Book: 551
**Edward P Tesson vs 368 The Terre Haute Alton and St Louis Rail Road Company**
On account.
Now comes the plaintiff by his attorney, but the defendant, although duly called comes not, and the plaintiff waiving a Jury submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth assess the plaintiffs damages at the sum of twelve hundred and seventy five dollars and twenty one cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid inform aforesaid as assessed and his costs herein expended and have thereof execution.
**George W Brackett vs 369 The Terre Haute Alton and St Louis Rail Road Company**
On account.
Now comes the plaintiff by his attorney, but the defendant, although duly called comes not, and the plaintiff waiving a Jury submits this cause to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same doth assess the plaintiffs damages at the sum of two hundred and twenty eight dollars and seventy five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid inform aforesaid as assessed and his costs herein expended and have execution thereof.
**Stephen Hoyt and George Colton Greene vs 58 William Lansing**
On account. Now come the plaintiff by their attorney, but the defendant, although duly called comes not, and no Jury being required the Court from proofs, offered doth assess the plaintiffs damages at the sum of eleven hundred and twenty eight dollars and forty cents. It is therefore considered by the Court by the Court that the plaintiffs recover of the defendant the damages aforesaid in form aforesaid in form aforesaid as assessed and their costs herein expended and have execution therefor.
**Martin G Noyes and Edward W [Sherbourne ?] vs 332 Alla Lea**
On account.
Now come the plaintiffs, by their attorney, but the defendant although duly called comes not, and the plaintiffs submit this cause to the Court upon the petition and proofs and the Court doth assess the plaintiffs damages at the sum of two hundred and thirty eight dollars. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid in form aforesaid as assessed and their costs herein expended and have execution.
**George T Pittman, Albert Tennet and George A Kerr vs 29 E S Castle and Co**
On account.
Now come the plaintiffs, by their attorney, their attorney, but the defendant, although duly summoned and called comes not, and the plaintiffs submit this cause to the Court upon the petition and proofs and the Court having duty heard and considered the same doth aleggo the planififf damaages at the sum of five hundred and nine dollars and eighteen cents. It is therefore considered by the Court that the plaintiffs, recover of the defendant the damages aforesaid in form aforesaid as assessed and their costs herein expended and have thereof execution.
**John Force et al vs 442. Emilius F Kraft et al**
On motion of the plaintiffs, by his attorney, it is ordered by the Court that this cause be dismissed at their costs and that execution issue therefor.
**William Mortland vs Michael Mepham et al**
Depositions for plaintiff opened and filed.
---
**Viewer Page 556** (rcdbook1858_28_0555.jpg)
> Handwritten Page Number on Record Book: 552
**Amaranth Crum vs 323 Levi P Crum**
Petition for Divorce.
Now comes the plaintiff, by her attorney, but the defendant although duly called, comes not but make default, and thereupon the Court proceeds to hear the proof offered by the plaintiff, and having finished the heaving and being satisfied that the plaintiff is an innocent and injured party, it doth order adjudge and decree that the plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant and be restored to all the rights and privileges of an unmarried person, and that she pay the costs herein.
**Henry Ames and Edgar Ames vs 362 William Sample**
On account.
Now come the plaintiffs, by their attorney, but the defendant, although duly called, comes not, and the plaintiffs waiving a Jury, submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth assess the plaintiffs damages at the sum of twelve hundred and ninety five dollars. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid in form aforesaid as assessed and their costs herein expended and have execution therefor.
**Charles Blevin and Edward B Mead vs 480 Henry G Bilstein and Henry Heinecke**
On account.
Now come the plaintiffs by their attorney, but the defendants although duly called comes not, and no Jury being required the Court doth from the proofs offered by plaintiffs assess the plaintiffs damages at the sum of one hundred and nine dollars and eighty nine cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the damages aforesaid in form aforesaid as assessed and their costs herein expended and have execution therefor.
**Alexis Mudd and Graham L Hughes vs 202 Richard Dozier**
On account.
Now come the plaintiffs, by their attorney, but the defendant although duly called comes not, and no Jury being required the Court doth from the proofs offered by plaintiffs assess their damages at the sum of one hundred and sixty four dollars and seventy three cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid inform aforesaid as assessed and their costs herein expended and have thereof execution.
**Frederick Buschmann vs 84 Joseph Magehan**
Petition.
Now comes the plaintiff, by his attorney, but the defendant although duly called comes not, and the plaintiff waiving a Jury submits this cause to the Court and the Court having duly considered the same doth assess the plaintiffs damages at the sum of three hundred and forty eight dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid as assessed and his costs herein expended and have execution therefor.
**William E Wilsno vs 823. The St Louis Mutual Fire and Marine Insurance Company.**
Petition on Policy.
Now come the parties, by their respective attorneys, and also come a Jerry, to wit; John Sellers, Thomas Lucas, Jacob Steinberg, George G Gibson, George Geisert, J G [Koltenthaler ?], C A Smell, Jacob Casper, John Vultz, James Bailey, James Sutton and James Link, twelve good and lawful men, who being duly elected tried and sworn the issues herein joined well and truly to try the trial progressed but not being finished is laid over until tomorrow morning.
---
**Viewer Page 557** (rcdbook1858_28_0556.jpg)
> Handwritten Page Number on Record Book: 553
Court met pursuant to adjournment. Present as before.
**John H Thaler vs 289 Wilhelm Simsheuser**
Affidavits of Thomas Wall and Daniel Harvey in support of motion for a new trial filed.
**Harriet Dodge vs 264 Martin Haemmerle, H C Mahnkin and Samuel Myerson**
On note.
Now comes the plaintiff, by her attorneys, and dismisses this suit as to the defendant Mahnkin, but the other defendants although duly called come not; wherefore on motion of the said plaintiff, the Court doth find from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum two hundred and thirty four dollars and seventy cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid in form aforesaid in form aforesaid as found and their costs herein expended and have execution therefore.
**State use of Lamblin vs 18 Tho H M Vicker et al**
Motion for security for costs filed.
**In the matter of the assignment of Joseph Steinacker**
Report of Commissioner filed.
**Philip G Ferguson vs 134 Lucinda R Townsend et al**
Motion for order on Sheriff to pay over money filed.
**Jacob Berlin vs 629 Joseph A Eddy et al**
Now come the defendants, by their attorneys, and waive the issue and service of process and enter their appearance to this action and file an answer herein.
**James K Brown vs 469 Augustus P Ladew**
On motion of the plaintiff by his attorney it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**Charles H Kellogg vs 378 Emil F Kraft and O C Kraft**
Petition on Account. Now comes the plaintiff, by his attorney, but the defendants although duly called, come not, and no Jury being required the Court doth assess from the proofs offered, the plaintiffs damages at the sum of one hundred and fifty three dollars and thirty six cents. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid as assessed and his costs herein expended and have execution therefor.
**In the matter of the assignment of Joseph Powell and John C Powell**
Now comes William R Biddlecome, the assignee, and represents to the Court that owing to extreme sickness he is unable further to perform the duties of assignee
---
**Viewer Page 558** (rcdbook1858_28_0557.jpg)
> Handwritten Page Number on Record Book: 554
herein and asks that he be dismissed, whereupon it is ordered by the Court that said William R Biddlecome be dismissed from the office of assignee: and thereupon the Court appoints Josiah G M [Clellan ?] to be assignee of said Joseph and John C Powell in place of the said William R Biddlecome dismissed; and thereupon comes Josiah G McClellan and accepts said appointment and files his bond as assignee in the sum of ninety seven thousand dollars with Joseph Templeton, George, M Moore and John W Thornburgh, as securities, which bond is approved by the Court. And it is ordered by the Court that William R Biddle come forthwith deliver to the assignee hereby appointed all the books, papers, effects moneys and evidence of debt in his profession belonging to said assignors.
**William E Wilson vs 823. The St Louis Mutual Fire and Marine Insurance Company**
Petition on Policy. Now come again the parties, by their respective attorneys, and also the Jury empanelled and sworn herein and thereupon the trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiff and assess his damages at the sum of seven hundred and twenty three dollars and eighty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid inform aforesaid as assessed and his costs herein expended and have execution therefor.
**State of Missouri use of Jas Castello vs 546. William J Kennedy et al**
The defendants file an answer herein.
---
**Viewer Page 559** (rcdbook1858_28_0558.jpg)
> Handwritten Page Number on Record Book: 555
Court met pursuant to adjournment. Present as before.
**Samuel L Hertz vs Lucius H Fuller**
Depositions for defendant opened and filed.
**John H Thaler vs 289 W Simsheuser**
Affidavit of the plaintiff filed.
**In the matter of the Steam Boat Polar Star**
Now at this day come the parties interested and the commissioner files his report which being seen and approved by the Court is confirmed. And it appearing to the Court there from that there remains in the hands of the Sheriff arising from the sale of said boat after paying the sum of four hundred and ten dollars and twenty five cents, the costs of these proceedings, the sum of seven hundred and thirty nine dollars and seventy five cents, and that the proportion of each party whose demand has been allowed is as follows;
| Joseph Garneau # 15,85. | Davis Co # 27,10. |
| --- | --- |
| John Williams 92,25. | Carson Springer Wannell 268,40 |
| Henry Ash brook Co 33,50 | P J McSherry Co 109,80 |
| Robt Wm A [Thornbugh ?] 136,65 | Wilgus Noble Co 1,15 |
| Carter Bartle 41,85 | Boylan and Gettys 9,65. |
| Gaty McCune & Co 3,55. | |
It is therefore considered by the Court that the said Sheriff pay over to persons entitled thereto the sums due them as aforesaid.
**In the matter of the Stem Boat St Mary**
Now come the parties interested and the Commissioner files his report herein which being seen and approved by the Court is confirmed. And it appearing to the Court there from that the Said boat sold for the sum of one hundred and sixty dollars, and that the costs herein amount to the sum of two hundred dollars and eighty five cents, leaving nothing to be applied to the claims allowed, therefore it is ordered that the Sheriff apply the proceeds of said boat to the payment of the costs herein.
**Jonathan Jones vs 579 William Anelson et al**
Exhibit filed by the defendant.
**State use of Lamblin vs 18 Thomas [McNicker ?] et al**
Answer filed.
**Samuel H Gardner vs 803 David H Armstrong**
Petition.
Now come the parties, 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 for the plaintiff and doth assess his damages sustained by reason of the premises in the petition mentioned at the sum of thirty six hundred and twenty eight dollars and thirty three cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid by the Court assessed and also his costs herein expended and have thereof execution.
**Joseph Le Page vs 468 Andrew A Le Beau et al**
Motion to set aside the judgment by default being heard and fully considered by the Court it is ordered that the same be overruled.
**Harriet Dodge vs 265 Andrew A Le beau et al**
The motion to set aside the default herein being heard and fully considered by the Court, it is ordered that the same be overruled.
---
**Viewer Page 560** (rcdbook1858_28_0559.jpg)
> Handwritten Page Number on Record Book: 556
**James L Page vs 486 St Louis Mutual Fire and Marine Insurance Co**
On consideration of the demurrer to the answer herein it is ordered that the same be stricken out.
**George P Fein vs 614 Adolphus Dentelmoser garn.**
On consideration of the motion to set aside the discharge of the said garnishee it is ordered that the same be sustained and said discharge be set aside; and three days is given to reply.
**Vincent Boisanbin vs 73 William G Miller**
The defendants motion for security for costs herein is overruled.
**Francis McFaul et al vs 206 John H Tighe**
The plaintiffs motion to strike out parts of the answer herein being heard and fully considered by the Court it is ordered that the same be overruled. On motion of plaintiffs leave is given to file an amended petition.
**Percival S Drown et al vs Samuel K Hutchinson garn.**
Proof of Service of order to pay over money filed: and it is ordered that an attachment issue against said garnishee for contempt of Court in failing to obey said order returnable tomorrow morning at ten o'clock.
**John W Hedenberg vs 707 William A Whiting et al**
The defendants demurrer to the petition herein being heard and fully considered by the Court it is ordered that the same be sustained, ten is given the plaintiff to amend.
**Albert D Glover vs 267 Thomas Thomas et al**
The plaintiffs motion to strike out parts of the answer of Thomas Thomas being heard and fully considered by the Court it is ordered that the same be sustained as to such of said answer as contains a counter claim and overruled as to the other part of said answer.
**State of Missouri use of James H Morrison et al vs 358 Michael S Cerre et al**
Now come the defendants by their attorney, and withdraw their demurer herein and on their motion ten days is given them to answer herein.
**State of Missouri use of Edward Hogg. vs 423 Michael S Cerre et al**
The defendants withdraw their demurer, and on their motion ten days is given them to answer.
**State of Missouri use of Robert B Clark et al vs 424 Michael S Cerre et al**
The defendants, by their attorney, withdraw their demurer herein and on their motion ten days is given them to answer.
---
**Viewer Page 561** (rcdbook1858_28_0560.jpg)
> Handwritten Page Number on Record Book: 557
**State of Missouri use of Wm L Weller vs 425, Michael S Cerre et al**
The defendants, by their attorney, withdraw their demurer herein and on their motion ten days is given to answer.
**State of Missouri use of David M Smith et al vs 426. Michael S. Cerre et al**
Demurrer withdrawn by defendants. Ten days given to answer.
**State of Missouri use of Samuel Brooks vs 429 Michael S Cerre et al**
The defendants withdraw their demurrer herein and on their motion ten days is given to answer.
**State of Missouri use of Abram J Stevenson et al vs 519 Michael S Cerre et al**
The defendants withdraw their demurrer herein and on their motion ten days is given to answer herein.
**Jonathan Jones vs 579 Wm A Nelson et al**
The plaintiffs motion to strike out parts of the answer herein being heard and fully considered by the Court it is ordered that the same be sustained. Ten days given to amend.
**Edward P Tesson vs 368 The Terre Haute Alton and St Louis Rail Road Company**
On motion of the plaintiff, by his attorney, it is ordered by the Court that Benjamin F [Fifield ?], the principal, and Benjamin, Stickney and Frederick M Colburn, the securities in the bond given for the production and delivery of the property attached, produce and deliver said property, to wit; four desks, three cases with pigeon holes, one iron safe, one large ticket case, two stoves, eight chairs, two carpets, one clock to the Sheriff of St Louis County at his office forthwith; and it is further ordered that, if the said principal and securities fail to deliver said property, the Sheriff assign said bond to the plaintiff.
**George W Bracket vs 369 The Terre Haute Alton and St Louis Rail Road Company**
On motion of the plaintiff, by his attorney, it is ordered by the Court that Benjamin F Field the principal, and Benjamin [Sickney ?], and Frederick M Colburn, the securities in the bond given for the production and delivery of the property attached, providence and deliver said property, to wit; one desk, one ticket case, one iron safe, one clock and one stove, to the Sheriff of St Louis County at his office forth with; and it is further ordered that if the said principal and securities fail to deliver said property, the Sheriff assign said bond to the plaintiff.
**Jacob Rhodes vs 383. W, G Webb**
The defendants demurrer to the amended petition being heard and fully considered by the Court it is ordered that the same be overruled. On motion of the defendant ten days is given him to answer.
---
**Viewer Page 562** (rcdbook1858_28_0561.jpg)
> Handwritten Page Number on Record Book: 558
Court met pursuant to adjournment. Present as before.
William M Crozier is, on motion, admitted and enrolled as a member of this Bar.
Louis Gottschalk is, on motion admitted and enrolled as a member of this Bar.
**The State of Missouri vs 827 Stephen H Houser**
Murder in the first degree. Motion in arrest of judgment filed by the defendant.
**Percival S Drown et al vs 609 Samuel K Hutchinson garnishee of Francis Lancaster**
Now comes the Sheriff of St Louis County with the writ issued against said garnishee for contempt together with his return thereon and the recognizance taken for the appearance of said garnishee, and thereupon comes said garnishee in discharge of his recognizance, and files an affidavit, and the Court having duly heard and considered the same doth order that he be discharged from custody under said writ of attachment.
**Richard H Smith vs Thomas Seaverson**
Depositions for plaintiff opened and filed.
**Francis McFaul vs 206 John H Tighe**
Amended petition filed. Reply to Counterclaim filed.
**Samuel L Hertz vs 230 Lucius H Fuller**
Depositions for defendant opened and filed.
**James C Griffin vs E W Warne**
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and solemnly called, comes not but makes default, wherefore on motion of the plaintiff it is ordered by the Court that the petition herein be taken against him as confessed.
**The Picot Knob Iron Company vs 550 Charles L Gilpen**
Alias Summons ordered.
**George H Hill and D N Hunnewell vs 582 James M alias Frank Winchester**
On account. Now come the plaintiffs by their attorney, and no Jury being required the Court doth from the proofs offered by the plaintiffs, assess the plaintiffs damaged the sum of one hundred and sixty nine dollars and three cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as assessed and their costs herein expended and have execution therefor.
---
**Viewer Page 563** (rcdbook1858_28_0562.jpg)
> Handwritten Page Number on Record Book: 559
**Margaret Cronin administratrix of Jeremiah Cronin vs 279 William O Shands**
Petition for Damages. Now comes the plaintiff, by her attorney, but the defendant although duly called, comes not, but makes default, and the plaintiff, waiving a Jury, submits this cause to the Court upon the petition and proofs, and the Court having duly heard and considered the same doth assess the plaintiffs damages at the sum of one hundred and forty nine dollars and sixty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and her costs herein expended and have execution therefor.
**Joshua W Owings vs 615 George J Barnett garnishee of William K Wilson**
On motion of the plaintiff, by his attorney, it is ordered by the Court that the said garnishee be discharge hence at this costs and that execution issue therefor. Five dollars is allowed said garnishee.
**Harriet Dodge vs 265 Andrew A Le Beau, Ezra O English, John P McGrath and Samuel Myerson**
On notes. Now comes the plaintiff, by her attorney, but the defendants, although duly called, come not; and the Court finds from the instruments in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of two thousand one hundred and sixty five dollars and of the defendants the sum aforesaid in form aforesaid as found and her costs herein expended and have thereof execution.
**Bernard Mayer, Adolph G Mandel and Heyman Nelson vs 545. The Terre Haute Alton and St Louis Rail Road Company**
On note. Now come the parties, by their attorneys, and having argued the demurer herein submit the same to the Court, and the Court being fully advised of and concerning the premises doth order that the said demurer be overruled; thereupon the defendant although duly summoned and being now solemnly called comes not but makes default, wherefore on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against said defendant as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of three hundred and ninety six dollars and sixteen cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**Peter Rosweiler vs 517 Philip Seiler**
The plaintiffs motion to strike out parts of the answer herein being heard and fully considered by the Court it is ordered that the same be sustained.
**The State use of Edward Crely vs 356. Mary Crely et al**
The demurer to the Counterclaim being heard and fully understood by the Court it is ordered that the same be sustained.
**Louis C Garnier vs 134 The City Bank of St Louis**
By consent of parties, it is ordered by the Court that the defendants motion to modify the order appointing a Receiver be sustained and that said Receiver proceed to collect the subscriptions to the capital stock of said City Bank of St Louis at such times and for such amounts as the Court may direct.
---
**Viewer Page 564** (rcdbook1858_28_0563.jpg)
> Handwritten Page Number on Record Book: 560
**Samuel H Gardner vs 803. David H Armstrong**
Motion for a new trial and motion in arrest of judgment filed.
**George P Fein vs 614 Adolphus Dentelmoser**
Denial of answer filed.
**Isaac C Cable et al vs 85 Samuel Gaty et al**
Motion to strike out part of answer filed.
**Philip G Ferguson vs 734 Lucinda R Townsend**
Agreed case filed.
**Julia Ann Coover vs 86 Martin C Walker and James Moore**
Petition. Now come the parties, by their respective attorneys, and waiving a Jury submitt this cause to the Court upon the pleadings and proofs, and the Court, having duly heard and considered the same, doth find for the plaintiff and assess her damages sustained by reason of the premises in the petition mentioned at the sum of five thousand dollars. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid as assessed and her costs herein expended and have execution therefor.
**Henry [Clamorgan ?] et al vs 454 Isaac J Greene**
The demurer to the petition herein being heard and fully understood it is ordered that the same be overruled.
**The State of Missouri to the use of Francis Lamblin vs 18 Thomas H McVicker et al**
The defendants motion for security for costs herein being heard and fully considered by the Court it is ordered that the same be sustained and that the plaintiff file security for costs within thirty days. Continued by consent at plaintiffs costs.
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**Viewer Page 565** (rcdbook1858_28_0564.jpg)
> Handwritten Page Number on Record Book: 561
**John H Radford vs 84 Sarah Radford**
Order of Publication.
Now comes the plaintiff and files a petition and affidavit Iron which it appears to the Court that the defendant is a non resident of the State of Missouri therefore on motion of the plaintiff, by his attorney, it is ordered by the Court that the said defendant be notified that a civil action has been commenced against her to obtain a decree of divorce from her on the ground of desertion and that unless she be and appear at the next term of this Court to begun and held at the City of St Louis within and for the County of St Louis on the last Monday of September next and on or before the sixth day, thereof answer demur or otherwise plead to the amended petition herein the same will be taken against her as confessed. It is further ordered that a copy, hereof be published according to law in the Missouri Democrat a newspaper printed and published in the City of St Louis.
**Alexander L Tyler vs 40 Christian Schaffer**
Continued by consent.
**Bryan Cross vs 223 Walter B Carr**
Alias Summons ordered.
**John Wolff et al vs 36 William Brocker et al**
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**Patrick Gallagher vs 37 Patrick Hart**
The plaintiff having failed to filed security for costs herein within the time allowed him so to do, therefore it is ordered by the Court that this cause be dismissed and that execution issue against said plaintiff for the costs herein.
**Louis Engels administrator vs 76. John L Bernicker et al**
Ordered that a subpoena [duces tecum ?] issue for Jno O Fallen to bring with him lease from him to Louis Engle deceased.
**Aimelder F Pack vs 15 Francis Hudson**
Continued by consent.
**James B Eads et al vs 30 James Stewart**
Continued.
**James Lusk admr vs 33 James B Colt**
Motion to suppress depositions field. The plaintiffs motion to suppress the defendant depositions being heard and fully considered by the Court it is ordered that the same be sustained. Leave given to withdraw depositions. Continued as on affidavit at defendants costs.
**Winton vs 313 King et al**
Motion to set aside judgment by default filed.
**William E Wilson vs 823 St Louis Mutual Fire and Marine Ins Co**
Motion for a new trial filed.
**Irwin Z Smith et al vs 5 Francis M Faul et al**
Continued on affidavit at defendants costs.
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**Viewer Page 566** (rcdbook1858_28_0565.jpg)
> Handwritten Page Number on Record Book: 562
**A E Daniel vs 221 Henry Lyon**
Depositions for plaintiff opened and filed.
**Thomas S Page vs 337 Albert Becker**
Petition on Note and Contract.
Now come the parties, 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 there from that the defendant is indebted to the plaintiff in the sum of twenty five hundred and sixty four dollars and sixty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid inform aforesaid as found and also his costs herein expended and have therefor execution. Judgment to bear ten percent interest. Motion for a new trial filed.
**Louis H Abrams vs 39 Marshall Ford**
Petition.
Now come the parties by their respective attorneys, and thereupon come also a Jury, to wit; J Morrison, George S Day; William F Stacy William Burnes, H Myers, William Leighton, P McCann, C Blome, James Givens, E B Fagin, W A Delano and J Gibson, twelve good and lawful men who being elected tried and sworn the issues herein joined well and truly to try the trial progressed but being finished further proceedings are continued until tomorrow morning.
**The State of Missouri vs 827 Stephen H Houser**
Murder in the first degree.
The Court having duly heard and considered the defendants motion for a new trial herein and being thereof fully advised doth order that the same be overruled.
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**Viewer Page 567** (rcdbook1858_28_0566.jpg)
> Handwritten Page Number on Record Book: 563
Court met pursuant to adjournment. Present as before.
**Luther Laflin et al vs 78 Andrew J Morrison**
Change of Venue.
It appearing to the Court that the first writ of attachment against the defendant issued from the office of the Clerk of the St Louis Court of Common Pleas, it is ordered by the Court that the venue of this cause be changed to the St Louis Court of Common Pleas, and that the Clerk of this Court cause all the original papers in this cause to be filed in the office of the Clerk of said St Louis Court of Common [Pleds ?] together with a certified copy of all the record entries herein.
**John J Locke vs 79 Andrew J Morrison**
Change of Venue.
It appearing to the Court that the first writ of attachment against the defendant if and which property was attached issued from the office of the Clerk of the St Louis Court of Common Pleas, it is ordered that the venue of this cause be changed to the St Louis Court of Common Pleas, and the Clerk of this Court cause all the original papers together with a certified all the record entries herein to be filed in the office of the Clerk of said St Louis Court of Common Pleas.
**Nicholas Schaffer et al vs 80 Andrew J Morrison**
Change of Venue.
It appearing to Court that the same property attached herein has been attached by virtue of several writs against the defendant and that the first writs issued from the St Louis Court of Common Pleas, it is ordered by the Court that the venue of this cause be changed to the St Louis Court of Common Pleas and that the Clerk of this Court cause all the original papers and a certified copy of the record entries herein to be filed in the Office of the Clerk of said St Louis Court of Common Pleas.
**[Ebin ?] Goodwin et al vs 82 Andrew J Morrison**
Change of Venue.
It appearing to the Court that the property attached herein has been atttached in several suits against the defendant and that the first writs issued from the St Louis Court of Common Pleas, therefore it is ordered by the Court that the venue of this cause be changed to the St Louis Court of Common Pleas and that the Clerk of this Court cause all the original papers and a certified copy of the record entries herein to be filed in the office of the Clerk of said St Louis Court of Common Pleas.
**The Ohis and Mississippi Rail Road Company vs 83. Andrew of Morrison**
Change of Venue.
It appearing to the Court that the property attached herein has been attached in several suits against the defendant and that the first writs issued from the St Louis Court of Common Pleas, therefore it is ordered that the venue of this cause be changed to the St Louis Court of Common Pleas and that the Clerk of this Court cause all the original papers and a certified copy of the record entries herein to be filed in the office of the Clerk of said St Louis Court of Common Pleas.
**Samuel P Catherwood et al vs 84 Andrew J Morrison**
Change of Venue.
It appearing to the Court that a portion of the property attached herein has been attached in several suits against the defendant in the St Louis Court of Common Pleas, therefore it is ordered by the Court that the venue of his caused be changed to the St Louis Court of Common Pleas and that the Clerk of this Court cause the original papers and a certified copy of the record entries herein to be filed in the office of the Clerk of said St Louis Court of Common Pleas.
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**Viewer Page 568** (rcdbook1858_28_0567.jpg)
> Handwritten Page Number on Record Book: 564
**Solomon [Hoffheimer ?] et al vs 86 Andrew J Morrison**
Change of Venue.
It appearing to the Court that the property attached herein has been attached under several other writs against the defendant and that the first writs issued from the St Louis Court of Common Pleas, therefore it is ordered by the Court that the venue of this cause be changed to the St Louis Court of Common Pleas, and that the clerk of this court cause to be filed in the office of said St Louis Court of Common Pleas, all the original papers and a certified copy of the record entries herein.
**Solomon Hoffheimer et al vs 87 Andrew J Morrison**
Change of Venue.
It appearing to the Court that the property attached herein has been attached under several other writs against the defendant and that the first writs under which said property was attached issued from the St Louis Court of Common Pleas, therefore it is ordered by the Court that the venue of this cause be changed to the St Louis Court of Common Pleas, and that the clerk of this court cause to be filed in the office of said St Louis Court of Common Pleas the original papers and a certified copy of the record entries herein.
**Michael J Dohan et al vs 88 Andrew Morrison**
Change of Venue.
It appearing to the Court that the property attached herein has been attached under several other writs against the defendant and that the first writs under which said property was attached issued from the St Louis Court of Common Pleas, therefore it is ordered by the Court that the venue of this cause be changed to the St Louis Court of Common Pleas, and that the clerk of this court cause to be filed in the office of said St Louis Court of Common Pleas, all the original papers and a certified copy of the record entries herein.
**James S Mason et al vs 89 Andrew J Morrison**
Charge of Venue.
It appearing to the Court that the first writs of attachment be against the defendant issued from the St Louis Court of Common Pleas, therefore, it is ordered by the Court that the venue of this cause be changed to the St Louis Court of common Pleas, and that the Clerk of this Court cause to decree of be filed in the office of the Clerk of said Court, the original papers and a certified copy of the record entries herein.
**James S Mason et al vs 619 William J Gaskell and John H Morrison garnishees of Andrew J Morrison**
On motion of the plaintiffs, by their attorneys, and a change of venue to the St Louis Court of Common pleas having been ordered in the original cause, it is ordered by the Court that the papers in this proceeding be transferred to said St Louis Court of Common Pleas.
**Stephen W Montgomery et al vs 91 Andrew J Morrison**
Charge of Venue.
It appearing to the satisfaction to the Court that the property attached herein has been attached under several other writs against the defendant and that the first writs under which said property was attached issued from the St Louis Court of Common Pleas, therefore it is ordered by the Court that the venue of this cause be changed to the St Louis Court of Common Pleas, and that the clerk of this court cause to be filed in the office of said St Louis Court of Common Pleas, all the original papers and a certified copy of the record entries herein.
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**Viewer Page 569** (rcdbook1858_28_0568.jpg)
> Handwritten Page Number on Record Book: 565
**John M Chenoweth vs 122 Andrew J Morrison**
Charge of Venue.
It appearing to the Court that the first writs of attachment be against the defendant issued from the St Louis Court of Common Pleas, there fore, it is ordered by the Court that the venue of this cause be changed to the St Louis Court of common Pleas and that the paper herein be transferred to Said Court.
**William P Wilstack et al vs 132 Robert Hilton and Andrew Morrison**
Charge of Venue.
It appearing to the Court that the first writs of attachment be against the defendant, Morrison, issued from the St Louis Court of Common Pleas, therefore, on motion of the plaintiffs, by their attorney, order by the Court that the venue of this cause be changed to the St Louis Court of Common Pleas, and that the papers herein be transferred to said Court.
**Edmund C Charles vs 140 Andrew J Morrison**
Charge of Venue.
It appearing to the Court that the first writs of attachment be against the defendant, issued from the St Louis Court of Common Pleas, therefore, on motion of the plaintiffs, by his attorney, it is ordered by the Court that the venue of this cause be changed to the St Louis Court of common Pleas and that the paper herein be transferred to Said Court.
**Jonathan Sturges et al vs 41 Fredrick A Schmucker et al**
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this cause be dismissed and that execution issue against the plaintiffs for the costs.
**Bowman C Baker et al vs 9 Frederick A Schmucker et al**
The defendants motion to suppress plaintiffs depositions being heard and fully understood by the Court it is ordered that the said motion be sustained and that the plaintiffs depositions taken in Cincinnati Ohio be suppressed, Cause continued.
**Henry M Buckner et al vs 8 Frederick A Schmucker et al**
Continued.
**Stephen D Grofflin et al vs 10 Frederick A Schmucker et al**
Continued.
**Patrick Poland et al vs 11 Frederick A Schmucker et al**
Continued.
**George H Hill et al vs 12 Frederick A Schmucker et al**
Continued.
**Edward W Tiers et al vs 14 Frederick A Schmucker et al**
Continued.
**Edward Hendricks vs 636 Frederick A Schmucker et al**
Continued.
**Independence Mining Co vs 48 Albert C Koch**
Continued on affidavit at defendants costs.
**Nathaniel W Floyd vs 197 Jesse Dean et al**
Deposition for defendant opened and filed.
---
**Viewer Page 570** (rcdbook1858_28_0569.jpg)
> Handwritten Page Number on Record Book: 566
**Adolph [Graewe ?] vs 170 Elizabeth [Graewe ?]**
Order of Publication.
The Sheriff having made return that the defendant cannot be found and the Court being satisfied that the ordinary process of law cannot be saved upon the said defendant, therefore, on motion of the plaintiff, by his attorney, it is ordered by the Court that she be notified that a civil action has been commenced against her to obtain a decree of divorce from the bonds of matrimony contracted with her by the plaintiff on the ground of desertion, and that unless she be and appear at the next term of this Court to be begun and holden all the city of St Louis, within and for the County of St Louis on the last Monday of September next, and on or before the sixth day thereof answer demur or otherwise plead to the petition herein the same will be taken against her as confessed. It is further ordered that a copy here of be published according to law in the Missouri Democrat a newspaper printed and published in the City of St Louis.
**Abraham G Marble vs Steam Boat Mariner**
Deposition for plaintiff opened and filed.
**Anthony R Bovis vs 50 Anthony p Vasquez**
On account.
Now come the plaintiffs, by their attorney, but the defendant although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein betaken against herein as confessed; and the Jerry being required, the Court, from the proofs, doth assess the plaintiffs damages at the sum of two hundred and ninety five dollars. It is therefore considered by the Court the plaintiffs recover of the defendant the damages aforesaid in form aforesaid as assessed and his costs herein expended and have therefor execution.
**Louis N Abrams vs 39 Marshall Ford**
Petition.
Now again come the parties, by their respective attorneys, and also the Jurors empanelled and sworn herein, and thereupon the trial progressed and being finished the Jurors retire to consider of their verdict.
**Daniel Wolf vs 42 William M Flaherty**
Petition.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; Ferdinand [Uda ?], J Steinberger, J P Bates, J A Schuetz, Thomas Wasson, A Graham, William Curran, J Smith, R J Lockwood, Daniel Casey, Jacob Schwitz and John Storck, twelve good and lawful men, who being duly elected, trial and sworn the issues herein joined well and truly to try the trial progressed but not being finished further proceedings are laid over until to morrow.
**Atreus J McCreery, William H Brown and Richard H McKay vs 87 Eugene Papin**
order of Publication, The plaintiffs file a petition and affidavit from which it appear that the defendant visa non resident of the State of Missouri therefore on motion of said plaintiffs, by their attorney, it is ordered by the Court that the said defendant be notified that a civil action has been commenced against him founded on a note for the sum of three hundred and three dollars and forty two cents, and that his property has been attached and unless he be and appear at the next term of this Court to be begun and held at the City of St Louis of St Louis within and for the County of St Louis, on the last Monday of September next, and on or before the third day thereof answer the petition herein the same will be taken against him as confessed. It is further ordered that a copy, hereof be published according to law in the Missouri Democrat newspaper printed and published in the City of St Louis.
---
**Viewer Page 571** (rcdbook1858_28_0570.jpg)
> Handwritten Page Number on Record Book: 567
Court met pursuant to adjournment. Present as before.
**James Bradford vs Edward Boyle**
Depositions for plaintiff opened and filed.
**Callaway Mining and Manufacturing Company. vs 393 George W Clark et al**
Answer and counter claim filed by consent. Reply to Counter claim filed.
**Joseph garneau vs 195 Steam Boat Sioux City**
On account.
Now comes the plaintiff, by his attorney, but the defendant, although duly called, comes not, and, no Jury being required, the Court form the proofs offered doth asses the plaintiffs damages at the sum of one hundred and two dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of Charles K Baker, the principal, and John J Baker, the security in the bond given for the release of said defendant, the damages aforesaid and his costs herein expended and have thereof execution.
**Gustavus Bauermann vs 632 Jesse Arnot and Wiley J Stratton garnishees of James Bouthinghouse**
Now comes the plaintiff, by his attorney, but the said garnishees, although duly summoned and called, come not but make default, wherefore, on motion of the said plaintiff, it is ordered by the Court that the interrogatories be taken against them as confessed.
**Louis H Abrams vs 39 Marshall Ford**
Petition.
Now again come the parties, by their attorneys, and also come the Jurors, empanelled and sworn herein, and upon their oaths say they are unable to agree upon a verdict; wherefore, it is ordered by the Court that the Jurors be discharged and this cause continued.
**William Price vs 8 Benton P Jackson**
Order of Publication. Attachment.
The plaintiff having filed a petition and also an affidavit from whit it appear that the ordinary process of law cannot be served upon the defendant, therefore, on motion of the plaintiff, by his attorney, it is ordered by the Court that the said defendant be notified that a civil action has been commenced against him founded an a note for the sum of twelve hundred and three dollars, and that his property has bun attached and unlego he be and appear at the next then ofthis Court, to be begun and held at the City of St Louis, within and for the County of St Louis, on the last Monday of September next and on or before the third day thereof answer demur to or otherwise plead to the petition herein judgment will be 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 Missouri Republican, a newspaper printed and published in the City of St Louis.
**August J Reller Jr vs 2 Geo W Manning**
Now comes the plaintiff, by his attorney and says he will not further prosecute this action. It is therefore considered buy the Court that the defendant go hence without day and recover of the plaintiff his costs herein and have execution therefor. Agreement filed.
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**Viewer Page 572** (rcdbook1858_28_0571.jpg)
> Handwritten Page Number on Record Book: 568
**Henry A Turner vs 9. Benton P Jackson**
Order of Publication. Attachment.
The plaintiff having filed a petition and also an affidavit from which it appears that the defendant cannot be served with the ordinary proofs of law, therefore, on motion of the plaintiff, by his attorney, it is ordered by the Court that the said defendant be notified that a civil action has been commenced againsthim for the sum of twelve hundred and fifty dollars founded on two promissory notes and that his property has been attached and unless he be and appear at the next term of this Court to be begun and held at the City of St Louis within and for the County of St Louis in the last Monday of September next, and on or before the third day thereof answer the plaintiffs petition judgment will be 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 Missouri Republican a newspaper printed and published in the City of St Louis.
**Alonzo Whitney vs 14 Harry Bonfanti**
Order of Publication. Attachment.
The plaintiff having filed a petition and also an affidavit from which it appears that the defendant is a non resident of the State of Missouri, therefore, on motion of the plaintiff, by his attorney, it is ordered by the Court that the said defendant be notified that a civil action has been commenced against him on account of a promissory note executed by the defendant and goods sold and delivered to the defendant by the plaintiff and that his property has been attached and unless he be appear at the next term of this Court to be begun and held at the City of St Louis, within and for the County of St Louis on the last Monday of September next and on or before the third day thereof answer the plaintiffs petition judgment will be 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 Missouri Republican a newspaper printed and published in the City of St Louis.
**Joseph A Eddy, Joseph A Jameson, Anan M Bissell, Amos [Cotting ?] and Charles C Helmers vs 36 Howard M Livingston, William Bell and Charles A KinKead**
Order of Publication. Attachment.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that the defendant Charles A KinKead, be notified that a civil action has been commenced against him for the sum of fifteen hundred dollars on account of the failure of the defendants to transport and pay over to the plaintiffs the said amount of fifteen hundred dollars delivered to them for that purpose by one C Voorhis, and that his property has been attached and unless he be and appear at the next term of this Court to be begun and held at the City of St Louis within and for the County of St Louis on the last Monday of September next and on or before the third day thereof answer the plaintiffs petition judgment will be 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 Missouri Republican a newspaper printed and published in the City of St Louis.
**John H smith vs 64 B Hysinger**
Order of Publication. Attachment.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that the defendant be notified that a civil action has been commenced against him for the sum of two hundred dollars founded on a promissory note executed be the defendant and are John M Camerson, and that his property has been attached and unless he be and appear at the next term of this Court to be begun and held at the City of St Louis within and for the County of St Louis on the last Monday of September next and on or before the third day thereof answer the plaintiffs petition judgment will be 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 Missouri Republican a newspaper printed and published in the City of St Louis.
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**Viewer Page 573** (rcdbook1858_28_0572.jpg)
> Handwritten Page Number on Record Book: 569
**Morris Plahto vs 41 Joseph Jones**
Order of Publication. Attachment.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that the defendant be notified that a civil action has been commenced against him for the sum of five thousand four hundred dollars on account of money lent and advanced to him by the plaintiff and also an account of three promissory notes executed by him to the plaintiff and that his property has been attached and unless he be and appear at the next term of this Court to be begun and held at the City of St Louis within and for the County of St Louis on the last Monday of September next and on or before the third day thereof answer the plaintiffs petition judgment will be 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 Missouri Republican a newspaper printed and published in the City of St Louis.
**Amadic A [Millier ?], James Richardson and William B English vs J W Plummer**
Order of Publication. Attachment.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that the defendant be notified that a civil action has been commenced against him for the sum of three hundred and one dollars founded on a judgment recovered by the plaintiffs against the defendant and that his property has been attached and unless he be and appear at the next term of this Court to be begun and held at the City of St Louis within and for the County of St Louis on the last Monday of September next and on or before the third day thereof answer, the plaintiffs petition judgment will be 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 Missouri Republican a newspaper printed and published in the City of St Louis.
**The State of Missouri vs Stephen H Houser**
On Indictment for Murder in the first degree.
Now again comes the Circuit Attorney, who prosecutes for the State, and the said defendant being bought into Court in custody of the Sheriff, and his counsel also being present, and the Court here having duly heard and considered the said defendants motion in arrest of judgment herein before filed and being thereof fully advised, therefore, it is considered by the Court that said motion be overruled: and thereupon the said defendant being demanded if he hath or knoweth anything to say why the Court here should not now proceed to pays sentence of death upon him, according to law, to which the defendant then and there replies he has nothing to say; therefore it is considered by the Court that said Stephen H Houser be taken from this Court to the place from whence he came there to remain until Friday the first day of July next, thence on that day to be taken to the place of execution, and there between the hours of ten o'clock in the forenoon and four o'clock in the afternoon of the day aforesaid be hanged by the neck until he be dead; and it is further directed by the Court that the Clark make out a warrant under the seal of this Court commanding the Sheriff to carry this sentence into execution: Whereupon the said defendant, by this counsel prays an appeal to the Supreme Court from the judgment of this Court herein rendered and also prays the Court to stay the execution of said judgment, and the Court here being of opinion that there is probable cause for said appeal doth grant the same, but doth refuse to grant a stay of the execution of said judgment.
**Frederick Mahlet and Anton Mader vs 227 Michael S Cerre**
Replevin.
Now come the parties, by their respective attorneys, and agree that judgment be rendered herein for plaintiffs for property and one cent damages. It is therefore considered by the Court that the plaintiffs have and retain possession of the property mentioned in petition and affidavit and recover of the defendant the damages aforesaid in form aforesaid as agreed upon and also their costs herein expended and have execution therefor.
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**Viewer Page 574** (rcdbook1858_28_0573.jpg)
> Handwritten Page Number on Record Book: 570
**Daniel Wolf vs 42 William M Flaherty**
Petition.
Now again come the parties, by their respective attorneys, and also the Jury empanelled and sworn herein and thereupon the trial progressed but not being finished further proceedings are laid over until to morrow morning.
Court met pursuant to adjournment. Present as before.
Matthew Rippey
Who is personally known to the Court, in open Court acknowledges the Execution of a deed of emancipation to his slave Adeline Thomas of copper color, middle size and about thirty two years of age.
**Griffin P Theobald vs 19 Frederick K Eschmann, Eschmann and Frederick Schnake.**
Petition on account.
Now comes the plaintiff by his attorney, and no Jury being required, the Court from the proofs doth assess the plaintiffs damages at the sum of one hundred and fifty four dollars and fifteen cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and his costs herein expended and have execution therefor.
**James c Griffin vs 575 E W Warne**
On account.
Now comes the plaintiff by his attorney, and no Jury being required, the Court from the proofs doth assess the plaintiffs damages at the sum of two hundred and sixty two dollars and forty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and his costs herein expended and have execution therefor.
**Joshua [Fine ?] vs J T Handlan**
Plaintiff, in person, acknowledges to have received full and entire satisfaction of the judgment rendered herein October 7th 1857.
**Henry Ames et al vs 104 Jacob Ensminger et al**
Depositions for plaintiffs opened and filed.
**Jacob Rhodes vs 383 Wm G Webb**
Answer filed.
**Charles Gruner vs Thomas Allen**
Depositions for plaintiff filed. Cause continued.
**Salie B Dimick vs Horace C Dimick**
Continued
**Vincent Boisanbin vs 73. William G Miller**
Continued by consent.
**David Bigham vs 106 Geo Gletzinger admr**
Answer filed.
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**Viewer Page 575** (rcdbook1858_28_0574.jpg)
> Handwritten Page Number on Record Book: 571
**John Cochran vs 52 Leverett Mills et al**
[Pluries ?] Summons for Fro G white and Francis Watkins ordered
**David McKee vs 488 Charles Boswell**
Dedimus to Pennsylvania for defendant ordered.
**Daniel Wolf vs 42 William M Flaherty**
Now again come the parties, by their respective attorneys, and also the Jury empanelled and sworn herein and thereupon the trial progressed and being finished the Jury retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
**Henry F Given et al vs 75 John B S Lemoine**
Continued.
**Thomas Rector vs 59 Cornelius D Sullivan**
On note.
Now come the parties, by their respective attorneys, and the Court having duly heard and considered the demurrer to the counter claim doth order that the same be sustained; and no Jury being required the Court from the proofs doth find that the defendant is indebted to the plaintiff in the sum of three hundred and seventy five dollars and ninety cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found and his costs in this behalf expended and have execution therefor.
**George Pomeroy, William H Benton Jr., and George H Chase vs 328. Joshua H Alexander, Daniel J Hancock, William H Chappell, Charles Valentine, John s Dumlass, Robert M Renick and Alexander Peterson Jr**
On Bill of Exchange.
Now at this day come the plaintiffs and the defendants, Joshua G Alexander, Daniel J Hancock. William H Chappell, Robert M Renick and Alexander Peterson Jr, by their respective attorneys, and thereupon the plaintiffs dismiss this suit as to the defendants, Valentine and Dumlass; and the parties, waiving a Jury, submit this cause to the Court upon the pleadings exhibits and proofs, and the Court having duly heard and considered the same doth find there form in that the defendants are indebted to the plaintiffs in the sum of nine thousand and ninety two dollars and twelve cents. It is therefore considered by the Court by the Court that the plaintiffs recover of the defendants the sum aforesaid as found and their costs herein expended and have execution therefor. The plaintiffs and the defendants file motions for a new trial herein.
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**Viewer Page 576** (rcdbook1858_28_0575.jpg)
> Handwritten Page Number on Record Book: 572
**Isabella Harper, and Lavenia Harper, by their Curator John Harts born vs 908 Andrew Harper, Lavenia [Ballas ?], Emily C Holmes and her husband Anthony Holmes, William M Smith, Andrew Smith, Ann E smith, Louisa Hopkins and her husband Hopkins.**
Petition.
Now at this day come the plaintiffs, by their curator, John Hartshorn, and the defendants, Andrew Harper, Lavenia Ballas, Emily C Holmes, and her husband Anthony Holmes, by their attorney, and the defendants, William M Smith, Andrew Smith, and Ann E Smith, by their guardian ad [litern ?], Andrew Harper, but the defendants Louisa Hopkins and her husband Hopkins, although duly warned and being now solemnly called come not but make default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the matters and things stated in the petition be taken against the said Louisa and her husband as confessed: and neither party requiring a Jury this cause is submitted to the Court upon the pleadings and proofs, and the being fully advised of and concerning the premises, doth consider, order and adjudge as follows;- that the proceeds of the estate of Thomas J Harper, deceased, which came to the hands of said Andrew Harper as executor or otherwise amounts to the sum of three thousand nine hundred and nine dollars and sixty six cents, That with the interest thereof said Andrew supported his father and mother during their lives, as required by the will of said Thomas, aided by the private means of said Andrew, and in all other matters in the management of said estate and the distribution thereof has acted wisely, prudently and in accordance with the best interest of all the parties claiming part thereof; that the entire interest of Polly Smith in said estate, being one fifth equal to the sum of seven hundred and eights one dollars and ninety three cents, was, at instance and request, invested in real estate in the State of Illinois, which she used and enjoined during her life, and at her death paged to her children, and the defendants have no further claim therefor against said executor; that the one fifth portion of said estate, being the sum of seven hundred and eighty one dollars and ninety three cents, due defendant, Emily C Holmes, has in like, manner been advanced and paid to her, and she and her husband have no further claim or demand against said executor therefor; that by prudent investment of the one fifth part of said estate due said plaintiffs, as heirs of Robert Harper, being the sum of seven hundred and eighty one dollars and ninety three cents, has now increased to the sum of thirteen hundred and forty five dollars and seventy cents, and the same is now held by the said Andrew Harper, under the will of his brother, for the use of said plaintiffs, jointly: therefore it is adjudged and ordered that the said action of the defendant, Andrew Harper, in the management and distribution of the proceeds of said estate, and proceeds thereof, be and the same is hereby ratified and confirmed, as to all parties in this litigation: and it is further ordered that the said Andrew Harper pay to the said John Hartshorn, as curator for said plaintiffs, Isabella and Lavenia Harper, the said sum of thirteen hundred and forty five dollars and seventy cents, in full of their claims and demand against him as executor or otherwise, and the written receipt of said Hartshorn therefor shall forever be valid and binding on said plaintiffs, or either of them, for the same. It is further ordered that each party pay their own costs in this behalf expended and that execution issue therefor.
**Julia Ann Coover vs 86 Martin C Walker et al**
Motion for a new trial filed.
**Margaret S Evington vs 66 Thomas C Evington**
Continued.
**Providence Tool Company vs 67 Miles G Moies**
On motion of the plaintiff, by its attorney, it is ordered by the Count that this cause be dismissed a tits costs and that execution issue therefor.
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**Viewer Page 577** (rcdbook1858_28_0576.jpg)
> Handwritten Page Number on Record Book: 573
**John W Hedenberg vs 707 William A Whiting et al**
On motion of the plaintiff, by his attorney, ten days additional time is given him to file an amended petition herein.
**Quinnsbang Bank vs 199 John L Chandler**
Agreement filed and cause continued by consent.
Court met pursuant to adjournment. Present as before.
**George Pomeroy, William H Benton Jr, and George H Chase vs 328 Joshua H Alexander, Daniel J Hancock, William H Chappell, Charles Valentine, John S Dumlass, Robert M Renick, and Alexander Peterson Jr**
On Bills of Exchange.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that the entry made herein on the yesterday, the sixth, instant, be set aside, and the following entered [munc pro tunc ?] as of that date in liar thereof: Now come the plaintiffs and the defendants, Alexander, Hancock, Chappell, Renick and Peterson, by their respective attorneys, thereupon the plaintiffs dismiss this suit as to the defendants, Valentine and Dumlass; 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 find there from that the defendants, Renick and Peterson, are indebted to the plaintiffs in the sum of six thousand and seventy eight dollars and fifty cents, and that the defendants, Alexander, Hancock and Chappell, are indebted to the plaintiffs in the sum of nine thousand and ninety two dollars and nineteen cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sums aforesaid in form aforesaid as found by the Court and there costs herein expended and have execution therefor. Motions for a new trial field.
**Daniel Wolf vs 42 William M Flaherty**
Petition.
Now come again the parties, by their respective attorneys, and thereupon come also the Jury empanelled and sworn herein, and being agreed upon a verdict upon their oaths find for he plaintiff and assess his damages at the sum of one hundred and thirty four dollars and two cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damage aforesaid in form aforesaid as assessed and his costs herein expended and have execution therefor. Thereupon the plaintiff files an assignment of the above judgment to Thomas C Chester.
**In the matter of the assignment of Charles J Baker**
Inventory filed.
On motion of the assignee herein, John Tams and Charles Johnson are appointed appraisers to appraise the property and effect assigned.
---
**Viewer Page 578** (rcdbook1858_28_0577.jpg)
> Handwritten Page Number on Record Book: 574
**Richard Clinton (of color) commonly called Clinton. vs John Blackburn, Edward M Blackburn, Martha A Blackburn, Charles A Blackburn, and Rufus C Blackburn and Edward Hall curator of the estates of the said Martha A Charles A and Rufus C.**
Now comes the plaintiff and files a petition for freedom and also an application for case to sue as a poor person, and at appearing to the satisfaction of the Court that the petition contains sufficient matter to authorize the commencement of a suit. It is ordered that the said plaintiff be allowed to sue as a poor person, and that he have reasonable liberty to attend his counsel and the Court, as occasion may require, and that he be not removed out of the jurisdiction of this Court and be not subject to any swerity on account of this application for freedom.
**Samuel Engler vs 647 Jacob Bensberg**
Confession of Judgment. Now come the defendant and files a statement in writing duly verified by affidavit, whereby he confesses himself indebted to the plaintiff in the sum of two hundred and sixty three dollars and eighty five cents, and consents that judgment may be rendered against him for that sum. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as confessed and his costs herein expended and have thereof execution.
**Samuel Stillwell vs 648 Jacob Bensberg**
Confession of Judgment. Now comes the defendant and files a statement in writing duly verified by affidavit whereby be confesses himself indebted to the plaintiff in the sum of five hundred and forty dollars and fifty eight cents, and consents that judgment be rendered against him for that amount. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid as confessed and his costs herein expended and have execution therefor.
**The State of Missouri to the use of Edward Crely vs 356 Mary Crely, Bernard Fortin, and John Crely**
On Bond. Now come the parties, by their respective attorneys, and by leave of Court John Crely is made a codefendant, and the Counterclaim refilled herein, by consent, and a written reply thereto waived; and no jury being required the Court from the proofs doth find that the defendants are indebted to the plaintiff in the sum of one hundred and thirty dollars. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Julius H Smith vs 143 James D Houseman**
Now at this day comes William H Osborn, Commissioner appointed by the Court to investigate the accounts of the plaintiff and defendant with the late firms of Houseman and Smith and Houseman Smith and Company, and files his motion for allowance for his services rendered and to be rendered herein which motion being seen heard and by the Court fully understood, it is ordered that the same be sustained; and in accordance therewith it is ordered by the Court that Augustus N Berthoud, the receiver appointed herein, pay to said William H Osborn, out of the funds in his hands, the sum of one hundred and eighty two dollars for services by said Osborn as Commissioner, up to this time rendered; and further that he pay, to said Osborn from month to month, out of the funds as aforesaid, compensation, for his services as said Commissioner, as claimed by him.
---
**Viewer Page 579** (rcdbook1858_28_0578.jpg)
> Handwritten Page Number on Record Book: 575
**Henry Clamorgan et al vs 454 Isaac J Greene**
By consent of parties until the ninth instant is given the defendant to answer herein.
**William W Wakelam vs 128 Charles N Valentine, Joshua H Alexander and Thomas Brown**
Petition.
Now come the parties, by their respective attorneys, and the plaintiff withdraws his motion to strike out parts of amended answer herein, 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 find for the defendant. It is therefore consideredby the Court that the plaintiff take nothing by his suit herein but that the defendants go hencewithout day and recover of the plaintiff their costs in this behalf expended and have execution therefor.
**Calvin F Burnes vs 633. Theodore Bredow**
On Check.
Now comes the plaintiff, in person, but the defendant, although duly called comes not nor hath he answered demurred or otherwise pleaded to the plaintiffs petition wherefore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of three hundred and three dollars and thirty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Rufus Bigelow vs 634 Richard Dozier**
On note.
Now comes the plaintiff, by his attorney, but the defendant although duly called, comes not, nor hath he answered, demurred or otherwise pleaded to the petition herein, wherefore, on motion of the plaintiff, it is ordered by the Court that the said petition betaken against the defendant as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of eleven hundred and fifty eight dollars and fifty three cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid inform aforesaid as found and his costs herein expended and have execution therefor. Judgment to bear interest at the rate of ten per cent per annum.
**Peter A Berthold et al vs 66 Andrew Downing et al**
On motion of the plaintiffs, by their attorney, it is ordered by the Court that that this cause be dismissed at their costs and the execution issues therefor.
**James W Saynisch et al vs 213. Thomas Burke et al**
The plaintiffs motion to strike out the set off herein being hear and fully considered by the Court it is ordered that the same be sustained.
**Thomas J Wood et al vs 502 Martin Burk et al**
The defendants motion to strike out parts of the petition herein being heard and fully considered by the Court it is ordered that the same be sustained.
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**Viewer Page 580** (rcdbook1858_28_0579.jpg)
> Handwritten Page Number on Record Book: 576
Court met pursuant to adjournment. Present as before.
**Evelyn A Burt vs 103. Francis Hudson and James H Haydon**
Now come the defendants by their attorney, and the plaintiff failing to amend, therefore on motion of said defendants, by their attorney, it is ordered by the Court that final judgment for defendants be rendered on the demurrer herein. It is therefore considered by the Court that the plaintiff take nothing by her suit herein but that the defendants go hence without day and recover of the plaintiff their costs herein and have execution therefor.
**Evelyn A Burt vs 113 Francis Hudson and Armelder F Pack**
The plaintiff failing to amend, therefore on motion of the defendants, by their attorney, it is ordered by the Court that the defendants go hence without day and recover of the plaintiff their costs herein expended and have thereof execution.
**Abram H Marble vs St Bt Mariner**
Depositions for defendant opened and filed.
**William North and William P Scott vs 125 Daniel D Page, Henry D Bacon and Thomas Brown**
On note.
Now come the plaintiffs, by their attorney, but the defendants, although duly summoned and called, come not but makes default, wherefore, on motion of the plaintiffs, it is ordered by the Court that the petition herein be taken against them as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of four hundred and four dollars and twenty six cents. It is therefor considered by the Court that the plaintiffs recover of the defendants the debt aforesaid inform aforesaid as found and their costs herein expended andhave execution therefor.
**Franklin L Weber and Sebastian Fetter vs 39 Charles Harziq**
On account.
Now come the plaintiffs, by their attorney, but the defendants, although duly and called, come not but makes default, wherefore it is ordered by the Court that the petition herein be taken against them as confessed; and no Jury being required the Court from the proofs assesses the Plaintiffs damages at the sum of one hundred and twenty eight dollars and sixteen cents. It is therefor considered by the Court that the plaintiffs recover of the defendants the damages aforesaid and their costs herein expended and have execution therefor against the property attached.
**The [Actua ?] Insurance Company vs 191 William H Kidd and Henry Kidd**
On account.
Now come the plaintiffs, by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore it is ordered by the Court that the petition herein be taken against them as confessed; and no Jury being required the Court from the proofs assesses the Plaintiffs damages at the sum of four hundred and twenty four dollars and eighty seven cents. It is therefor considered by the Court that the plaintiffs recover of the defendants the damages aforesaid and its costs herein expended and have execution therefor.
---
**Viewer Page 581** (rcdbook1858_28_0580.jpg)
> Handwritten Page Number on Record Book: 577
**William M Lyon, John Lyon, David Stewart, John T Mathias and James B Murray vs 109 Walter E Sell, James M Ward and Thomas Shepperd**
On notes.
Now come the plaintiffs, by their attorney, and dismiss this suit as to the defendant, Ward, But the defendants Sell and Shepperd, although duly summoned and called come not but make default, wherefore the petition hereinis taken against them as confessed; and the Court doth find from the instruments in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of seven hundred and thirty one dollars and one cent. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid as found and their costs herein expended and have execution therefor.
**Peter Wiles et al vs 130 Rudolph Bircher**
Continued as on affidavit at plaintiffs costs.
**Geo Peters et al vs 274 Alex Finley**
Answer filed.
**John Deitz vs 241 Mound City Mutual Fire and Marine Ins Co**
Continued as on affidavit at plaintiffs costs.
**William T Hazard vs 253 Lyman Scott et al**
The defendant, Scotts motion for a new trial herein being heard and fully considered by the Court, it is ordered that the same be overruled.
**James S Rockwell and john westervelt vs 190 Robert Hilton and Andrew Morrison**
On notes.
Now come the parties, by their respective attorneys, and consent and agree that the attachment herein be dissolved and judgment rendered herein for the plaintiffs for the sum of six hundred and and twenty five dollars and twenty one cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid as agreed upon and their costs herein expended and have execution, therefor. The parties consent that execution be stayed until first day of October next.
**Isaac C Cable et al vs 85 Samuel Gaty et al**
Plaintiffs, by their attorney withdraw their motion to strike out part of the answer herein.
**Edwin J Brown et al vs 138 Henry Lyon**
Continued on affidavit at defendants costs.
**George Pomeroy et al vs 151 Daniel E Bryan et al**
The Court having duly heard and considered the defendants motion to dismiss this suit doth order that the same be sustained. It is therefore considered by the Court that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**Francis M Faul et al vs 206 Jno H Tighe**
Answered filed by the defendant.
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**Viewer Page 582** (rcdbook1858_28_0581.jpg)
> Handwritten Page Number on Record Book: 578
**Henry T Mudd et al vs 96 Jacob Ensminger**
Continued on application of defendant at his costs.
**John Wittigh vs 92 Peter Bressaw**
Continued by consent.
**David S Bigham vs 106 Geo Gletzinger adm**
Continued by consent.
**Vincent [Boisanbin ?] vs William G Miller et al**
Depositions for plaintiff opened and filed.
**Lazarus Hallgarten et al vs 111 Benjamin Rosen et al**
By consent a parties, it is ordered by the Court that this cause be dismissed a defendants costs and that execution issue therefor.
**Hugh [McKelvy ?] vs 849 William Wade et al**
amended answer of Adam D Stewart and Robert Campbell filed.
**Henry Buesmeyer vs 247 John Nicholay**
Motion for security for costs filed.
**Jonathan Jones vs 579 William A Nelson**
Amended answer filed.
**Ira H Stout vs 116 Edward S Holliday et al**
Continued as on affidavit at defendants costs.
**Joshua W Owings vs 81 James J McBride, Joseph Jecko, and Robert S Macdonald**
On note.
Now comes the plaintiff by his attorney, and the plaintiff dismisses this but the defendants, Jecko and Macdonald although duly called come not suit as to defendant, James J McBride; and the plaintiff waiving a Jury submit its this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find that the defendants are indebted to the plaintiff in thesum of three hundred and seventy four dollars and ninety two cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and his costs herein expended and have thereof execution.
**Lucian H Fuller vs 118 George Smizer**
Replevin.
Now come the parties, by their respective attorneys, and also a Jury, to wit; Bernard [Bunutis ?], Charles [Stuever ?], James [Steratt ?], S C Cochran, P A Goldstein, James Shields, P F Laughran, J H Goddard, Robert P Studley, Charles Slevin, P Leibig, and A G Edwards, who being duly elected tied and sworn the issue herein joined well and truly to try the trial progressed but not being finished is laid over until to morrow morning.
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**Viewer Page 583** (rcdbook1858_28_0582.jpg)
> Handwritten Page Number on Record Book: 579
Court met pursuant to adjournment. Present as before.
**Warren Semple vs 524 Perry Fenlason**
Dedimus awarded to Illinois for the plaintiff.
**Duncan S Carter et al vs 105 Steam Boat Florida**
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this cause be dismissed at their costs and that execution issue therefore.
**Richard J Lockwood et al vs 106 Steam Boat Florida**
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this cause be dismissed at their costs and that execution issue therefore.
**Henry Korhammer et al vs 291 George W Fisher**
Now come the plaintiffs, by their attorney, and amend the petition herein by striking out the name of Mary Korhammer, as a co plaintiff, and the defendant files an answer herein.
**The State of Missouri 827 Stephen H Houses**
Murder in the first degree. Bill of Exceptions filed.
**Mary Charlotte vs 13 Gabriel S Chouteau**
The defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
**Herman W Brockelmann vs 120 William L Catherwood, Edward C Catherwood and Julius Busch**
Note.
Now comes the plaintiff, by his attorney, but the defendants although duly called come not; and no Jury being required the Court doth find that the defendants are indebted to the plaintiff in the sum of eight hundred and ninety dollars and twenty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid and his costs herein expended and have execution therefore.
**Lucian H Fuller vs 118 George Smizer**
Replevin.
Now come again the parties, by their attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial progressed and being finished the Jurors aforesaid upon their oaths find for the plaintiff and assess the damages at the sum of one cent. It is therefore considered by the Court that the plaintiff is the owner and that he retain the possession of the property delivered to him and recover of the defendant the damages as assessed and his costs herein expended and have execution therefore.
**William M Morrison vs Platt R Greene [&c ?]**
On motion of the Sheriff of St Louis County leave is given him to amend his return on the execution herein, which amendment is accordingly made.
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**Viewer Page 584** (rcdbook1858_28_0583.jpg)
> Handwritten Page Number on Record Book: 580
**Sophia A Hicks vs 20 Charles Carroll Hicks**
Decree of Divorce.
Now comes the plaintiff by her attorney, but the defendant, although duly served and solemnly called, comes not but makes default, wherefore, on motion of said plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court having duly heard and considered the evidence doth find that the plaintiff is a person of good moral character, and an innocent and injured party. It is therefore considered by the Court that the plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with the defendant and be restored to all the rights and privileges of an un married person and that she pay the costs herein expended.
**Linus Jackson vs 121 Lyman Sherwood**
Notes.
Now come the parties, by their attorneys, and no Jury being required the Court from the proofs finds that the defendant is indebted to the plaintiff in the sum of ten hundred and ninety three dollars and sixteen cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found and his costs herein expended and have execution therefore. Judgment to bear ten per cent interest.
**Job M Wingetal vs 123 Joseph Fisher**
Continued.
**A V Patter vs 129 E A Skeele**
Continued.
**Henry Clamorgan et al vs 454 Isaac T Greene**
Answer filed.
**Jonathan Jones vs 579 Wm A Nelson et al**
Demurrer to amended answer filed.
**Andrew A Van Zeyst vs 96 Illinois Central Rail Road Company**
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefore.
**John S Thompson administrator of Charles H Saltmarsh vs 136 William E Saltmarsh**
Appeal from Probate Court.
Now come the parties by their attorneys, and the plaintiff files a bill of specifications and the defendant with draws his motion to dismiss; thereupon come a Jury, to wit; Bernard Bunitis, Frederick Nagle, St Bigelow, E McNeil, George Corning, William C Defriez, E C Ketchum, William Rower, George McPhetridge, Fleming Crump, Adam Bier and J B Robinson, twelve good and lawful men, who being duly elected trial and sworn the issues herein joined well and truly to try, further proceedings were laid over until tomorrow morning.
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**Viewer Page 585** (rcdbook1858_28_0584.jpg)
> Handwritten Page Number on Record Book: 581
Court met pursuant to adjournment. Present as before.
**John [Schruider ?] vs 191 Frederick Mahner**
Petition Replevin.
Now comes the plaintiff, by his attorney and by leave of Court files an additional affidavit to his petition herein, but the defendant, although duly summoned and called comes not but makes default, wherefore it is ordered by the Court that the petition herein be taken against him as confessed: and no Jury being required the Court from the proofs assesses the plaintiffs damages at the sum of one cent. It is therefore considered by the Court that the plaintiff retain the possession of the property mentioned in the petition and affidavit and also recover of the defendant the damages aforesaid and his costs herein expended and have execution therefore.
**George W Brackett vs 598 Frederick M Colburn, George T Camp, Joshua H Alexander, William Haight, Charles E Maurice, Robert Hull, James A Raynor garnishees of Terre Haute Alton and St Louis Rail Road Company**
Garnishment.
Now comes the plaintiff, by his attorney, but the garnishees, Alexander, Camp and Maurice, although duly summoned, come not not have they answered the interrogatories herein wherefore, it is ordered that the said interrogatories be taken against them as confessed; and to Jury being required, the Court, on motion of plaintiff, doth assess the amount due from the garnishees Colburn, Camp, Alexander Haight, Maurice, Hull and Raynor, at the sum of one cent. It is therefore considered by the Court that the plaintiff recover of said garnishees the sum aforesaid and his costs herein expended and have execution therefore.
**Edward P Tesson vs 597 Frederick M Colburn, George T Camp, Joshua H Alexander, William Haight, Charles E Maurice, Robert Hull, James R Raynor garnishees of Terre Haute Alton & St Louis Rail Road Company**
Garnishment.
Now comes the plaintiff, by his attorney, but the garnishees, Alexander, Campe and Maurice, although duly summoned come not nor have they answered the interrogations herein, wherefore, it is ordered that the said interrogatories herein be taken against them as confessed, and the said other garnishees although called come not; and no Jury being required the Court doth assess the plaintiffs damages at the sum of one cent. It is therefore considered by the Court that the plaintiff recover of the said garnishees, Colburn, Camp, Alexander, Haight, Maurice, Hull and Raynor the damages aforesaid and his costs herein expended and have execution therefore, The plaintiff with draws the denials of answers of garnishees Henry Bulte and John S Thompson and files motions for judgment on their answers.
**George W Brackett vs 598 Henry Bulte and John S Thompson garnishees of the Terre Haute Alton & St Louis Rail Road Company.**
The plaintiff withdraws the denials of the answers of said garnishees and files motions for judgment on their answers.
**Jacob Rhodes vs 383 Wm G Webb**
Replication filed.
**Richd R Field et al vs 720 Henry F Cross et al**
Motion to relax Sheriffs costs filed.
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**Viewer Page 586** (rcdbook1858_28_0585.jpg)
> Handwritten Page Number on Record Book: 582
**E Cox vs 492 Charles Marlow**
Note.
Now come the parties, by their respective attorneys, and by consent of parties leave is given the plaintiff to amend his petition herein, duly inserting the Christian name, Edward, of the plaintiff; thereupon the defendant withdraws his answer herein leaving this suit undefended, wherefore, on motion, it isordered that the petition be taken against him as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and ninety three dollars and twenty five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as assessed and his costs herein expended and have execution therefore.
**Ann Rebecca Fairman vs 115 Charles M Fairmann**
Order of Publication.
Now comes the plaintiff and files a petition and affidavit from which it appears that the defendant is a non resident of the State of Missouri, therefore, on motion of said plaintiff, by her attorney it is ordered by the court that said defendant be notified that a civil action has been commend against him to obtain a decree of divorce from on the ground of cruel and barbarous treatment and desertion, 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 within and for the County of St Louis, on the last Monday of September next, and on or before the sixth day thereof answer, demur or otherwise plead to the plaintiffs petition the same will be taken against him as confessed. It is further ordered that a copy hereof be published, according to law, in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
**Griffin P Theobald and Edward R Montgomery vs 165 Charles Lambe and William Lambe**
Note.
Now come the parties, by their attorneys, and the defendants withdraw their plea in abatement herein, and agree with the plaintiffs that judgment be rendered herein for the plaintiffs for the sum of three hundred and nine dollars and seventy four cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid as agreed upon and their costs herein expended and have execution therefore. The parties consent that the issue of execution herein be stayed until thirty first day of August next.
**James Winton etal vs 313 Adam Wetzel,**
The defendants motion to set aside the judgment by default is on consideratin by the Court, overruled.
**Lucian H Fuller vs 118 George Smizer**
Motion for a new trial filed
**Joshua W Owings vs 81 Jas J McBride &c**
Motion for a new trial filed.
**Daniel Wolf vs 42 Wm M Flaherty**
Motion for a new trial filed.
**Louis Boellert vs 255 Franklin Savings Inst**
Answer filed.
**John S Thompson admr of Chas & Saltmarsh vs 136 William E Saltmarsh**
Now come again the parties, by their attorneys, and also the Jury empannelled and sworn herein and thereupon the trial progressed but not being finished is laid over until tomorrow morning.
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**Viewer Page 587** (rcdbook1858_28_0586.jpg)
> Handwritten Page Number on Record Book: 583
Court met pursuant to adjournment. Present as before.
**The Consolidated Insurance Company of the City of Philadelphia vs 343. Ellsworth Miller, John B Mears, George W Scollary**
Note.
Now comes the plaintiff, by its attorney, but the defendant, Miller, although duly summoned and called comes not but makes default, wherefore the petition is taken against him as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of four hundred and eighteen dollars and ninety cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and its costs herein expended and have execution therefore.
**Isabella Harper and Lavenia Harper by their curator John Hartshom vs 908 Andrew Harper et al**
Now come the plaintiffs, by their, attorney, and acknowledge to have received the full and entire sum ordered to be paid by Andrew Harper to John Hartshom as curator for the plaintiffs.
**Henry Sonneborn vs 211 Sal S Sonneborn**
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefore.
**Henry Sonneborn vs 600 Meyer Dittenhoeffer garn.**
On motion of plaintiff, by his attorney, it is ordered that said garnishee be discharged at his costs and that execution issue therefore.
**Henry Sonneborn vs 212 Sal S Sonneborn et al**
On motion of plaintiff, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefore.
**Henry Sonneborn vs 602 Meyer Dittenhoeffer garn.**
On motion of plaintiff it is ordered that this cause be dismissed at his costs and that execution issue therefore.
**Herman Gelpke et al vs 479 Frederick [Roever ?] et al**
On motion of plaintiffs it is ordered that this cause be dismissed at their costs and that execution issue therefore.
**John S Thompson administrator of Charles H Saltmarsh vs 136. William E Saltmarsh**
Appeal.
Now again come the parties, by their respective attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial progressed but not being finished is laid over until tomorrow morning.
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**Viewer Page 588** (rcdbook1858_28_0587.jpg)
> Handwritten Page Number on Record Book: 584
Court met pursuant to adjournment. Present as before.
**Alfred M Farley and [Eurotus ?] W Barnes vs Thomas S Bryant**
Order for Delivery.
The plaintiffs come and file 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 said affidavit to the Sheriff of St Louis County, and said Sheriff is hereby directed is said property be not delivered to him to take it from the defendant and deliver it to the plaintiffs.
**Kingston Coal Company vs 90 Carter etal**
On motion of plaintiff, it is ordered by the Court that this cause be dismissed its costs and that execution issue therefore.
**Dubuque Branch of the State Bank of Iowa vs 649 George L Marshall and Henry Smith**
Confession of Judgment.
Now comes the plaintiff, by to attorney, and the defendants, in person, also come and file a statement in writing duly verified whereby they confess themselves indebted to the plaintiff in the sum of sixteen hundred and seventy one dollars and forty five cents and authorize the Court to enter judgment against them for that amount. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as confessed and its costs herein expended and have execution therefore.
**William C Jamison as administrator of Francis F Rickman vs 361 John A McElroy**
Note.
Now comes the plaintiff, by attorney, but the defendant, although duly summoned and solemnly called, comes not but makes default, where fore on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against him as confessed; and the Court finds that the defendant is indebted to the plaintiff in the sum of two hundred and sixteen dollars and fifteen cents. It is therefore considered by the Court that the plaintiff recover of the defendant the doth aforesaid as found and his costs herein expended and have execution therefore.
**John C Nulson and Joseph J Mersman vs 249 William Koser, J G C Heinrichs, and Peter Reinhart**
On note.
Now come the plaintiffs; by their attorney, and dismiss this suit as to the defendant, Koser, but the defendants, Heinrichs and Reinhart, although duly summoned and called, come not but make default, wherefore the Court finds from the instrument in writing on which this suit is founded that the defendants are indebted to the plaintiffs in the sum of three hundred and forty seven dollars and seventeen cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found and their costs herein expended and have execution therefore.
**Nelson F Beckwith vs 301 Lewis A Welton et al**
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at the said plaintiffs costs and that execution issue therefore.
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**Viewer Page 589** (rcdbook1858_28_0588.jpg)
> Handwritten Page Number on Record Book: 585
**Maria Louisa Guerrette vs 451 Charles L Hunt and John Largue**
Now comes the plaintiff, by her attorney, P E Burke, and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the 21st of April 1858.
Elizah Wells is fined five dollars for non attendance as a witness after having been summoned so to do.
**Henry S Parker etal vs 441 William Wade et al**
Statement of issues filed.
**Cyprian Clamorgan vs 232 Samuel Mordecai**
Ordered that an alias Summons issue herein returnable to the next term of this Court.
**Louis G Picot vs 260 James Patterson etal**
**Peter Lindell vs 261 James Patterson etal**
The parties file a stipulation in these causes.
**William Mortland vs 256 Michael S Mepham etal**
Statement of issues filed.
**Martin Boyse vs 497 James Moore etal**
Statement of issues filed.
**Jerome R Ward &co vs 536 Wyllys King etal**
Petition for Production of Books filed.
**Jacob Rhodes vs 383 Wm G Webb**
Depositions for plaintiff opened and filed.
**John S Thompson administrator of Charles H Saltmarsh vs 136 William E Saltmarsh**
Appeal
Now again come the parties, by their respective attorneys, and also the Jury empanelled and sworn herein and thereupon the trial progressed but not being finished is laid over until tomorrow morning.
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**Viewer Page 590** (rcdbook1858_28_0589.jpg)
> Handwritten Page Number on Record Book: 586
Court mat pursuant to adjournment. Present as before.
**Henry Cormerais vs Michael S Cerre**
Order for Delivery. The plaintiff files a petition and also an 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 said affidavit to the Coroner of St Louis County and said Coroner is hereby directed is said property be not delivered to him to take if from the defendant and deliver it to the plaintiff.
**Cleander Mighells vs 139 Lorenzo D Jones**
Order of Publication. Attachment. On motion of the plaintiff, by his attorney, it is ordered by the Court that the defendant be notified that a civil action has been commenced against him for the sum of four hundred and eighty six dollars and fifty cents. founded on two promissory notes executed by the defendant to the plaintiff; and that his property has been attached, and unless he be and appear at the next term of this Court to be begun and held at the City of St Louis, within and for the County of St Louis, on the last Monday of September next, and on or before the third day thereof answer demur or otherwise plead to the petition herein judgment will be 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 Missouri Democrat, a newspaper printed and published in the City of St Louis.
**Edward V Bryan etal vs 160&161 Edward St Michel**
Now comes Francis A Hunt, inter pleader, by his attorney, and dismisses his interplea herein; thereupon come also the plaintiffs, by their attorney, and acknowledge to have received full and entire satisfaction of the judgment rendered herein January 26th 1856.
**Francis Charleson etal vs 157 Edward St Michel**
Now comes Francis A Hunt, by his attorney, and dismisses his inter plea herein; and the plaintiffs also come, by their attorney, and acknowledge to have received full and entire satisfaction of the judgment rendered herein on the 26th day of January 1856.
**James Cuddy etal vs 107 St Bt Sioux City**
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor.
**John H Thaler vs 289 William Simsheuser**
Affidavit of the plaintiff in support of motion for a new trial filed.
**John S Thompson administrator of Charles H Saltmarsh vs 136 William E Saltmarsh**
Appeal from Probate Court. Now again come the parties, by their attorneys, and also the Jury empanelled and sworn herein and thereupon the trial of this cause progressed and being finished the Jurors aforesaid upon their oaths find for the defendant. It is therefore considered by the Court that the plaintiff take nothing by his suit herein but that the defendant go hence without day and recover of the said plaintiff his costs herein expended.
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**Viewer Page 591** (rcdbook1858_28_0590.jpg)
> Handwritten Page Number on Record Book: 587
Court met pursuant to adjournment. Present as before.
**David Spahr, Chester W Brewster, and Moses Hillard vs 252 Christian Schaffler, and Frank Fox**
Note.
Now come the parties, by their attorneys, and agree that judgment may be rendered herein in favor of the plaintiffs for the sum of four hundred and four dollars and fifty cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt as agreed upon and their costs herein expended and have execution therefore. Judgment to bear interest atthe rate of ten per cent per annum.
**Louis Boellert vs 255 Franklin Savings Inst**
Continued by consent.
**Theresa Pereles vs 143. Jo Pereles**
Continued.
**William Mortland vs 256 Michael S Mepham etal**
Continued as on affidavit at plaintiffs costs.
**James W Davenport etal vs 257 Chas H Heywood etal**
Ordered that an alias summons issue for James Morris.
**Franklin Field vs 299 Chas W Barr**
Continued by consent.
**Augustus Seemuller etal vs 153. Timothy Van Link etal**
Continued.
**Thomas Boylan and William P Gettys. vs 270 Thomas Owens, H E Block, F D Clark and H G Patterson**
On account.
Now come the plaintiffs, by their attorney, and dismiss this suit as to the defendant, Patterson, but the defendants, Owens, Block and Clark, although duly summoned and called come not but make default, wherefore the petition herein is taken against them as confessed; and no Jury being required the Court from the proofs assesses the plaintiffs damages at the sum of five hundred and thirty four dollars and sixty cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the damages aforesaid as assessed and their costs herein expended and have execution therefore.
**Samuel Stilwell Vs Joseph Hyman and William T Hollister**
Note.
Now comes the plaintiff, by his attorney, and files a petition herein, and the defendants, in person, also come and file an answer herein, and enter their appearance as if served with process; and the parties submit this cause to the Court upon said petition and answer, and the Court finds there from that the defendants are indebted to the plaintiff in the sum of ten hundred and six dollars and seventy five cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found his costs herein expended and have execution therefor.
**Malcom Turner et al vs 243 [N ?] Hassinger**
Continue by consent at plaintiffs costs.
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> Handwritten Page Number on Record Book: 588
**Daniel T Wright etal vs 318 Henry [Frauenfeld ?] et al**
Ordered that an alias summons issue for defendant [Frauenfeld ?].
**Frederick A Garlichs etal vs 307 Michael Dieffenbach etal**
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor.
**Thomas Bassett etal vs 244 Peter ambo**
Continued on affidavit at defendants costs.
**John Jackson vs 219 Charles Marlow**
On Bills of Exchange.
Now come the parties, by their attorneys, and the defendant withdraws his answer herein leaving this suit undefended, wherefore the petition herein is taken against him as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of five hundred and ninety two dollars and sixty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid inform aforesaid as found and his costs herein expended and have execution therefor.
**Henry Buesmeyer vs 283. Henry Stuckenberg**
Continued by consent.
**William McCully etal vs 155 Henry A Schuedermann et al**
Continued.
**Gustav Guenther vs Louis J Rankin etal**
Depositions for plaintiff opened and filed.
**Stephen Haskell and James M Franciscus vs 296 Joseph L Papin, Cornelius D Sullivan, and Jeremiah T Sullivan**
On note.
Now come the parties, by their attorneys, and waiving a Jury submit this cause to the Court upon the pleadings and proofs, and thereupon the trial progressed, but the plaintiffs say they will not further prosecute this action but voluntarily take a non suit. It is therefore considered by the Court that the plaintiffs take nothing by their suit in this behalf but that the defendants go hence without day and recover of said plaintiffs their costs herein expended and have execution therefor. Leave given plaintiffs to move to set aside non suit.
**Henry Korhammer vs 291 George W Fisher**
Continued as on affidavit at plaintiffs costs.
**Henry Buesmeyer vs 247 Jno Nicholay etal**
Continued.
**John Riordan vs 287 Ohis Mississippi Rail Road Co**
Continued.
**Isaac T Greene vs 281 Wm G Smith etal**
Continued.
**John J Rue et al vs 254 The L Moore etal**
Continued at defendants costs.
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> Handwritten Page Number on Record Book: 589
**Frederick P Sanguinel vs 289 James W Reilly et al**
Continued.
**[Wm ?] Lattimer vs F A Hunt garn.**
Answer filed.
**Ann Pereau vs 133. Joseph H Pereau**
Order of Publication.
The plaintiff files a petition and also an affidavit form which it appears to the Court that the defendant is a non resident of the State of Missouri therefore, on motion of the defendant, by her attorney, it is ordered by the Court that the defendant be notified that a civil action has been commenced against him to obtain a decree of divorce from the bonds of matrimony by the plaintiff with the defendant, on the ground of desertion 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 within and for the County of St Louis, on the last Monday of September next and on or before the sixth day thereof answer the plaintiffs petition the same will be taken against him as confessed. It is further ordered that a copy hereof be published according to law in the Missouri Republican a newspaper printed and published in the City of St Louis.
**Eleazer Sherman vs 97 David Caughlan et al**
On motion of plaintiff, it is ordered that this cause be dismissed at his costs and that execution issue therefor.
**Henry C Warren vs 38 Cornelius, Tunison et al**
On motion of the plaintiff, by his attorney, it is ordered by the Court that Cornelius H Tunison, the principal, and Samuel Knox, the security, in the bond given for the production and delivery of the property attached produce and deliver said property, towit: thirteen mulis and two horses, to the Sheriff of St Louis County, at this office forth with; and it is further ordered that James Castello, late Sheriff of St Louis County, assign said bond to the plaintiff.
**George P Doan, Wyllys King, Richard Bigelow, William A Doan, Richard H Bigelow, and Charles E King vs 269 A Becker and D W Wheeler**
On Bill of Exchange.
Now come the plaintiffs, by their attorney, but he defendant, Wheeler, although duly summoned and called comes not but makes default, wherefore the plaintiffs petition is taken against him as confessed; and the defendant Becker, although called come not; and the plaintiffs waiving a Jury submit this cause to the Court upon the pleadings and proofs and exhibit, and the Court finds there from that the defendants are indebted to the plaintiffs in the sum of seven hundred and eleven dollars and ninety six cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as found and their costs herein expended and have execution therefor.
**Albert D Glover vs 267 Thomas Thomas and William H Thomas**
Note.
Now comes the plaintiff, and the defendant, Thomas Thomas, and the plaintiff dismisses this suit as to the defendant, Wm H Thomas; thereupon come a Jury, towit; Henry Ewald, A O French, L Garnett, A Van Leer, A B Sluder, Peter Downey, Henry Richter, C D Turner, S Landecker, Wm McNeary, Jno Sexton and C W Keiser, 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 finished the Jurors aforesaid upon their oaths find for the plaintiff and assess the damages at twelve hundred and nineteen dollars and seventy three cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid as assessed and his costs herein expended and have execution therefor.
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> Handwritten Page Number on Record Book: 590
Court met pursuant to adjournment. Present as before.
**State use of D M Smith etal vs Michael S Cerre et al**
Depositions for plaintiffs opened and filed.
**State use of Edward Hogg. vs Michael S Cerre etal**
Depositions for plaintiffs opened and filed.
**Henry T Helm etal vs 341 Daniel Wolf**
Continued by consent.
**Henry N Hart vs 357 John Schiffman**
Continued.
**The State Fire and Marine Insurance Company of Pennsylvania vs 689 The Callaway, Mining and Manufacturing, Company and Algernon S Roberts.**
On note.
Now come the parties, by their attorneys, and on motion of the plaintiff, it is ordered by the Court that the judgment rendered herein on the twenty first of March last be set aside and this suit dismissed as to the defendant, Roberts; and the parties consent that judgment be rendered herein in favor of the plaintiff and against the defendant for the sum of six hundred and thirty four dollars and eighteen cents. It is therefore considered by the Court that the plaintiff recover of the defendant, the Callaway Mining and Manufacturing Company, the debt aforesaid as agreed upon and its costs herein expended and have execution therefor.
**Benedict Milburn vs 347 George W Cable**
On notes.
Now come the parties, by their attorneys and waiving a Jury submit this cause to the Court upon the pleadings and proofs, and the Court doth find therefrom that the defendant is indebted to the plaintiff in the sum of sixteen hundred and fifty three dollars and sixty cents. It is therefore considered the Court that the plaintiff recover of the defendant the debt aforesaid as found and his costs herein expended and have execution therefor.
**Jacob Rhodes vs 383 William G Webb**
Order for Production of Book.
Now comes the plaintiff, by his attorney, and files a petition for the production of a certain book, duly verified by affidavit, and the Court having duly heard and considered the same doth order that the defendant producer on the trial of this cause a certain receipt book containing a large number of receipts given by the plaintiff to the defendant for moneys advanced by defendant to the plaintiff.
**John Squire etal vs 312 Frederick Meyer etal**
On motion of plaintiffs, it is ordered by the Court that this cause be dismissed at their costs and that execution issue therefor. Note withdrawn
**William H Keevil vs 277 George Dunford**
Continued on affidavit at the plaintiffs costs.
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> Handwritten Page Number on Record Book: 591
**Henry F Given etal vs 448 George F Hill**
Continued by consent at defendants costs.
**Lewis P James, to the use of Victor Foerst vs 293. Samuel Frederick, Joseph H Garrett Antoine Dehoitre**
Now come the parties by their attorneys, and also a Jury, to wit; A Stanton, Kenneth McKenzie, William Guion, A Lewellen, C W Keiser, D Caughlan, Henry Renick, Jacob Emanuel, Jacob Herzog, Gottlieb Vietter, J Montgomery, and William McNeary, twelve good and lawful men, who being duly elected tried and sworn the issues joined well and truly to try, the trial progressed, and by consent of parties the Jury herein is withdrawn, and this cause continued at the plaintiffs costs.
**State use of Edward Creely vs 356. Mary Crely, Bernard Fortin, and John Crely.**
The plaintiff, by his attorney, acknowledge full and entire satisfaction of the judgment rendered herein on the seventh instant.
**Louis C Garnier vs 134 The City Bank of St Louis, John Simonds, Abraham G Snitzer, George B sanderson, John S M Cune, Ferdin and Meyer, Henry J Mudd, George R Robinson Morris Collins, William Lucas, Luther M Kennett, John B S Lemoine, Samuel B Wiggins and Thomas A Buckland.**
Petition.
Now, at this day, come the parties plaintiff and defendants, by their respective attorneys, and waiving a Jury submit this cause to the Court, and the Court having duly heard and considered the same doth find that the said City, Bank of St Louis, at the date of the lease, described in and made a part of the plaintiffs petition, was duly and legally organized as a corporation, under an "act of the General Assembly of the State of Missouri, entitled, an Act to regulate Banks and Banking Institutions and to create the offices of Bank Commissioners", approved the second day of March, eighteen hundred and fifty seven; and that being so organized the said City Bank of St Louis did on the first day of July eighteen hundred and fifty seven, enter into and execute the died of lease aforesaid, by which the said City Bank of St Louis became bound to pay to the plaintiff as rent for the property described in said deed of lease - which was to commence on the first day of July eighteen hundred and fifty seven and continue for the period of five years - the sum of thirty five hundred dollars for the first year of said lease, and four thousand dollars for every year thereafter, the rent of each year to be paid in equal installments on the first day of every month during the said term of five years: and the Court doth further find that, in the organization of said City, Bank of St Louis, on the second day of April, eighteen hundred and fifty seven, the defendants, John Simonds, Abraham G Switzer, George B Sanderson, John S M Cune, Ferdin and Meyer, Henry J Mudd, George R Robinson, Morris Collins, William Lucas, Luther M Kennett, John B S Lemoine, Samuel B Wiggins, Thomas A Buckland, were duly elected and qualified as directors of the said City Bank of St Louis, and that said John Simonds was on the fourth day of April, eighteen hundred and fifty seven, duly elected President of said City Bank of St Louis and qualified as such: And the Court doth further find that on the second day of April, eighteen hundred and fifty, seven, subscriptions had been made to the capital stock of said City Bank of St Louis for one thousand and twenty one shares of its stock at one hundred dollars per share, amounting, in the aggregate, to one hundred and two thousand one hundred dollars, and that between the second day of April eighteen hundred and fifty seven, and the second day of December, eighteen hundred and fifty seven, additional subscriptions had been made to the capital stock of said City Bank of St Louis for twenty two shares
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> Handwritten Page Number on Record Book: 592
of stock amounting to the sum of twenty two hundred dollars; that on the subscriptions aforesaid, there had been paid, anterior to the second day of December, eighteen hundred and fifty seven, to the said City Bank of St Louis, and subject to the management and control of said Directors, the sum of ten thousand six hundred and ten dollars; that there had been paid up to said date of the second day of December, eighteen hundred and fifty seven, to said City Bank of St Louis by James N Lucas and Company, as interest on deposits, the sum of one hundred and eighty six dollars and thirty four cents; and that there had been paid by Henry J Glow, for rent of office, to said City Bank of St Louis, the sum of two hundred dollars, which said several sum of money so received amount in the aggregate to the sum of ten thousand nine hundred and ninety six dollars and thirty four cents; and the Court doth further find that the amount of money paid out by the said City Bank of St Louis, for expenses up to this date, is fifteen hundred and seven dollars and thirty four cents, leaving a balance of nine thousand four hundred and eighty nine dollars: and the Court doth further find that the check which was given, on the fifth day of December, eighteen hundred and fifty seven, by John Simonds, as President of said City Bank of St Louis, to the plaintiff, on James H Lucas and Company, for the sum of five hundred and eighty three dollars and thirty three cents, to pay the rent due the plaintiff for the months of October and November, eighteen hundred and fifty seven, has never been paid and that said plaintiff has a judgment against said City Bank of St Louis on said check, which judgment is still due and wholly unsatisfied: and the Court doth further find that on the eleventh day of April, eighteen hundred and fifty seven, the defendant, Ferdinand Mayer, resigned his office of director of said Bank, that his resignation was accepted, and that the vacancy occasioned by his resignation has never been filled: and the Court doth further find that the General Assembly of the State of Missouri, by an act entitled; an act to incorporate the Northern Bank of Missouri, approved november twenty third, eighteen hundred and fifty seven, enacted that unless the cooperators named in chapter four of the act of the General Assembly of the State of Missouri, entitled, and act to regulate Banks and Banking Institutions and to create the offices of Bank Commissioners, approved the second day of March, eighteen hundred and fifty seven, incorporating the said City Bank of St Louis, should, on or before the first day of October, eighteen hundred and fifty eight, organize and establish the said City, Bank of St Louis, and commence the business of Banking as therein specified, that the said chapter should from and after that date be repeated: and the Cour doth further find that on the second day of December, eighteen hundred and fifty seven, at a meeting of the board of directors of the said city Bank of St Louis, at which meeting were present John Simonds, Morris Collins, George B Sanderson, Abraham G Switzer, Henry J Mudd, George R Robinson, and John S [M Cune ?], the following preamble and resolutions were adopted by the said Board of Directors, viz: Whereas, the Board has become satisfied that the charter of this Bank has does not hold out sufficient inducements to our citizens or to capitalists from abroad to justify their taking an adequate amount of stock to enable the Bank to go into operation, and the State Legislature, at its Session in October last, having failed to grant the change and amendments asked for; Therefore, be it resolved; that the President is hereby, instructed to retain a sufficient sum to pay M Louis C Garnier the rent of his room in the Exchange Building for the months of October and November last past, and for such other expenses as may exist against this Bank, and then divide the remainder prorate among the subscribers for stock by giving them his check, as President, upon the Bankers holding said funds and at once give said Bankers a list of his checks so given: Resolved, that after the president has complied with the fore giving resolution, he is hereby instructed to give notice that no further effort will be made to organize said Bank and that the organization so far as here to fore made be and the same is hereby dissolved: and the Court doth further find that said John Simonds, as President of said City Bank of St Louis, in accordance with the preamble and resolutions aforesaid, and acting by and with the consent and approval of all
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> Handwritten Page Number on Record Book: 593
of the Directors aforesaid, herein dependants, except Ferdinand Mayer, who had previously resigned as aforesaid, did illegally and in fraud of the rights of the plaintiff, as a creditor of the said City Bank of St Louis, refund to the stock holders, the said Directors being among the number, the sum of eight thousand nine hundred and twelve dollars and forty cents of said paid in capital before the commencement of this suit, and that each and every one of said stock holders of said Bank did receive and accept his prorate share of the money so refunded under the resolutions aforesaid, and that the balance of the money received from stock subscriptions and other sources, amounting to the sum of five hundred and seventy six dollars and sixty cents, though admitted to have been received by them anterior to the second day of December, eighteen hundred and fifty seven, the said Directors have wholly failed to account for, and that the said directors, Simonds, Switzer, Sanderson, M Cune, Mudd, Robinson, Callino, Lucas, Kennett, Lemorine, Niggins, and Buckland, have three illegally misapplied and misappropriated and abandoned assets belonging to the said City Bank of St Louis amounting to the sum of nine thousand four hundred and eighty nine dollars: and the Court doth further find that there is now due and unpaid to the plaintiff, payable out of the assets of the said City Bank of St Louis, the sum of six thousand two hundred and twenty five dollars and one cent for and on account of the several installments of rent payable according to the terms of said deed of lease, together with the interest on said installments, and that there is also due an sum paid to the plaintiff on account of costs in after suits paid by said plaintiff and properly chargeable against the assets of the said City Bank of St Louis the sum of forty one dollars and ten cents, making in the aggregate now due to the plaintiff the sum of six thousand two hundred and sixty six dollars and eleven cents, and further that the said plaintiff is entitled to receive under the said lease assent for the premises therein described the sum of three hundred and thirty, three dollars and thirty three cents on the first day of every, month hereafter during the time for which said lease was made, to wit; until the expiration of five years from the first day of July, eighteen hundred and fifty seven, and that said plaintiff is also entitled to recover his costs in this suit expended: Wherefore, it is decreed by the Court, that the deed of lease described in the plaintiffs petition is a valid and binding lease for the whole term mentioned in said deed of lease; that all the property, effects, credits, and assets of the said City Bank of St Louis, of every description are bound for the payment of the sum of money now due to the plaintiff under the said lease, as well as for the costs aforesaid paid as aforesaid by the plaintiff, that is to say for the sum of six thousand two hundred and sixty six dollars and eleven cents, and also for the payment of the several installments of rent to become due under said lease, each installment being the sum of three hundred and thirty, three dollars and thirty three cents, payable on the first day, of every month hereafter during the term of said lease, ending on the first day of July eighteen hundred and sixty two; and also that the unpaid portion of the subscriptions to the capital stock of said City Bank of St Louis are a part of the assets of said Bank, and may be collected and recovered from the subscribers to said stock in order to pay the several sums of money due to the said plaintiff as a foresaid, and to become due under the said lease: and it is further ordered and decreed by the Court that the defendants, John Simonds, Abraham S Switzer, George B Sanderson, John S M Cune, Henry J Mudd, George R Robinson, Marris Collins, William Lucas, Luther M Kennett, John B S Lemoine, Samuel B Niggins and Thomas A Buckland, on account of their misapplication of the assets of the said Bank, are personally liable to the plaintiff in this suit for the sum of nine thousand four hundred and eighty nine dollars to be applied in satisfaction of the rents accrued and accruing under the said lease: and it is adjudged and decreed that the said John Simonds, Abraham G Switzer, George B Sanderson, John S M Cune, Henry J Mudd, George R Robinson, Morris Collins, William Lucas, Luther M Kennett, John B Lemorine, Samuel B Niggins and Thomas A Buckland do, without delay pay to the plaintiff the sum of Six thousand two hundred and sixty sis dollars and eleven cents, the sum now due to the plaintiff and also his costs in this suit incurred, and that
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> Handwritten Page Number on Record Book: 594
said plaintiff have execution therefor: and it is further adjudged and decreed that said Simonds, Switzer, Sanderson, M Cune, Mudd, Robinson, Collins, Lucas, Kennett, Lemorine, Wiggins, and Buckland do pay over into the hands of the Clerk of this Court, to be paid to the said plaintiff, the sum of three hundred and thirty three dollars and thirty three cents on the first day of each and every month hereafter during the continuance of the said lease, until the sum of nine thousand four hundred and eighty nine dollars shall be exhausted or until the further order of this Court: and upon this failure to pay the said several sums of three hundred and thirty three dollars and thirty three cents on the first day of each and every month as aforesaid the said plaintiff upon every such failure shall have execution therefore against them: and it is further ordered by the Court that the receiver in this cause appointed, shall rent or lease the premises described in the plaintiffs petition to some good and responsible tenant and collect from him the rents and apply the same to the payment of any sum or sums of money which may become due to the plaintiff under the lease aforesaid, and not paid from any other source, further if it appear to be necessary, in order to pay the sums of money payable under said lease, whenever the same may become due, then they said recover shall recover and collect from the persons who subscribed to the capital stock of said City Bank of St Louis a sum sufficient to pay to the plaintiff the said several sums of money as the same become due and payable to him under the lease, and make report of his proceedings in this behalf to this Court; and either party have liberty to move the Court from time to time for such other and further orders as may be necessary The plaintiff dismisses this suit as to the defendant, Ferdinand Mayor. motion for a new trial and also a motion to modify decree filed.
**Percival S Drown and Charles Clinton vs 311 Francis Lancaster Sr**
Petition.
Now come the parties, by their attorneys, and thereupon come also a Jury, to wit; [H Cuald ?], M French, Lesley Garnett, Vanleer, A B Scuder, Peter Downey, N Richter, S Landecker, William [McNeavy ?], John Sexton, A Stanton and C D Jerner, twelve good and lawful men who being duly elected tried and sworn the issues herein joined well and truly to try the trial progressed but not being finished is laid over until tomorrow morning.
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**Viewer Page 599** (rcdbook1858_28_0598.jpg)
> Handwritten Page Number on Record Book: 595
Court met pursuant to adjournment, Present as before.
**In the matter of Anne Davis and Isham Davis**
Margaret Davis comes and files a petition for a writ of Habeas Corpus, wherefore it is ordered that a writ issue to Cha Roderman.
**Isaac C Cable et al vs 85 Samuel gaty et al**
Agreed Case filed.
**David Anderson and John T Watson vs 186 Jacob Ringgold Co**
Order of Publication. Attachment.
On motion of the plaintiff, by their attorney, it is ordered by the Court that the defendants be notified that a civil action has been commended against them for the sum of two hundred and sixty one dollars and fifty five cents and interest founded on a note executed by the 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 within and for the County of St Louis, on the last Monday of September next, and on or before the third day thereof answer the plaintiffs petition judgment will be 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, a newspaper printed and published in the City of St Louis. Cause continued.
**David Anderson et al vs 603 Griffin P Theobald garn. of Jacob Ringgold, Co**
The plaintiffs, by their attorney, come but the said garnishee although called comes not nor hath he answered herein wherefore it is ordered that the interrogations herein be taken as confessed.
**Spencer A Turner vs 287 Timothy Ryon**
Answer to amended petition filed.
**Henry Kruse vs Thomas B Hudson and James S Thomas**
Petition.
Now come the parties, by their attorneys, and submit this cause to the Court upon the petition and answer and the Court doth find there from that the defendants are indebted to the plaintiff in the sum of fifteen hundred and fifty one dollars and fifty five cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid as found and his cost herein expended and have execution therefore.
**In the matter of the assignment. of Otto [Onken ?]**
EP Gray files an application for discharge from his trust as assignee herein, and the Court doth refer said application to Henry Hitchcock as Commissioner, to examine the merits of the same; and it is ordered that said Commissioner report his proceedings with all convenient speed.
**Cha H Saltmarsh admr vs 139 W E Saltmarsh**
Motion for a new trial filed.
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**Viewer Page 600** (rcdbook1858_28_0599.jpg)
> Handwritten Page Number on Record Book: 596
**Percival S Drown and Charles Clinton vs 311 Francis Lancaster Sr**
Petition.
Now comes again the parties, by their attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial of this cause progressed and being finished the Jury upon their oaths find for the plaintiffs and assess the damages at the sum of one hundred and twenty dollars. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as assessed and their costs herein expended and have execution therefore.
**Thomas Beste and William McClelland vs 145 William Grassmuck and peter Grassmuck**
Pet on account.
Now come the plaintiffs and the defendant, peter Grassmuck, by their attorneys, and the plaintiffs dismiss this suit as to the defendant, William Grassmuck; and no Jury being required the Court from the proofs doth find for the plaintiffs and assess the plaintiffs damages at the sum of one hundred and six dollars and twenty nine cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid in form aforesaid as assessed and their costs herein expended and have execution therefor.
**James C Jones vs 346 Henry C Lynch and George W Lynch**
On note.
Now come the parties day their attorneys, and submit this Cause to the Court and the Court having duly heard and considered the same doth find that the defendants are indebted to the plaintiff in the sum of twenty six hundred and forty eight dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and his costs herein expended and have execution therefore.
**James W Saynish et al vs 213 Thomas Burke et al**
Continued as on affidavit at defendants costs.
**George W Thatcher vs 144 Solomon Smith, Hiram Crittenden, Isaac W Mitchell and James C Page**
Petition.
Now come the plaintiff and the defendants, Smith and Crittenden, by their respective attorneys, and the plaintiff dismisses this suit as to the defendants, Issac W Mitchell, and James C Page; thereupon come a Jury, to wit; H [Eivald ?], A O French, Kenneth McKenzie, William [Gerion ?], A [Lervelbyn ?], H Reinecke, J Herzog, G Vetter, William H Dexter, J J Montgomery, Lek Palmer and D Caughlan, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try the trial progresses but not being finished is laid over until tomorrow morning.
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**Viewer Page 601** (rcdbook1858_28_0600.jpg)
> Handwritten Page Number on Record Book: 597
Court met pursuant to adjournment. Present as before.
**Henry R Harmond vs 389 Pacific Rail Road**
**Eugene Miltenberger vs 405 James Clemens Jr et al**
**Eugene Miltenberger vs 417 George M Zuary et al**
**Eugene Miltenberger vs 406 James Clemens Jr**
**Eugene Miltenberger vs 407 John O Fallon et al**
**Eugene Miltenberger vs 408 W S Harney et al**
**Eugene Miltenberger vs 409 James A Rogers et al**
**Eugene Miltenberger vs 410 Richard Graham**
**Eugene Miltenberger vs 411 Cha Chambers et al**
**Eugene Miltenberger vs 412 Louis C Hirschberg**
**Eugene Miltenberger vs 413 Jeremiah Ahern**
**Eugene Miltenberger vs 414 Morris Carroll**
**Eugene Miltenberger vs 416 Henry Wiebling**
**E Miltenberger vs 416 Jos H Lemothere**
By consent of the parties, by their respective attorneys, it is ordered by the Court that these causes be continued until the next term of this Court.
**Mary Charlotte Vs Gabriel S Chouteau**
The defendant files a second bill of exceptions herein.
**Louis C Garnier vs 427 City Bank of St Louis**
By leave plaintiff withdraw the check suedon.
**John Allisbach vs Valentine Lechner and Jacob Negman**
Order for Delivery The plaintiff comes and files a petition and also an affidavit according to law claiming the possession of certain personal property therein described; wherefore it is ordered that the defendants deliver said property in the affidavit described to the Sheriff of St Louis County, and said Sheriff is hereby directed if said property be not delivered to him to take it from the defendants and deliver it to the plaintiff.
**Daniel Devlin et al vs 368 Morris D Meyers**
The defendants motion for a new trial being heard and fully considered by the Court, is overruled.
**Percival S Drown et al vs 311 Francis Lancaster Sr**
Motion for a new trial filed.
**Henry Ames et al vs 104 Jacob [Emsminjer ?] et al**
Depositions for plaintiffs opened and filed.
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> Handwritten Page Number on Record Book: 598
**Adam Jacobs et al vs 503 Dan L Latourette**
Depositions for defendant opened and filed.
**William H Vanderslicer vs 327 John A M Elroy**
Depositions for plaintiff opened and filed.
**William Price vs 8 Benton P Jackson**
Order of Sale.
Michael S Cerre, Esq, Sheriff of St Louis County, files a statement from which it appears that the keeping of the property attached under the unit herein will be attended with much expense before the probable termination of this suit and that the said property is likely to depreciate in value; therefore it is ordered that said Sheriff proceed to sell said property, according to law, and report his proceedings herein on or before the first day of the next term of this Court.
**Henry A Turner vs 9 Benton p Jackson**
Order of Sale.
Michael S Cerre, Esq, Sheriff of St Louis County, files a statement from which it appears that keeping of the property attached herein will be attended with much expense before the probable termination of this suit, and that the same is likely to depreciate in value; therefore it is ordered that said Sheriff sell said property according to law and report his proceedings herein on or before the next term of this Court.
**Jerome R Ward vs 536 [Nyllys ?] King et al**
Order for Production of Books. The Court having heard and considered the plaintiffs petition for the production of certain books doth order that the defendants produce on the trial of this cause the Cash Book, Day Book, Journal and Ledger of the firm of Doan King and Company for the year eighteen hundred and fifty seven.
**George W Thatcher vs 144 Solomon Smith and Hiram Crittenden**
Petition.
Now come again the parties, by their attorneys, and also the Jury empannelled and sworn herein, and thereupon the trial of this cause progressed but not being finished is laid over until tomorrow morning.
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**Viewer Page 603** (rcdbook1858_28_0602.jpg)
> Handwritten Page Number on Record Book: 599
Court met pursuant to adjournment. Present as before.
**Joel D Smith et al vs 630 John J Mitchell et al**
Dedimus ordered to New York for defendants.
**Jonathan Jones vs 579 William [Azeliant ?]**
Amended answer filed by leave of Court.
**Chalmer D Blossom vs 587 William A Nelson et al**
Amended answer of Nelson and martin filed by leave.
**Isaac J Green vs 287 W H Smith et al**
Alias Summons ordered for Smith and Hobbs.
**Steam Boat W M Morrison vs Elisha W Brown, Archibald C Goddin, James J Johnson and Barton S Wilson**
Now comes the plaintiff, by attorney, and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the fourteenth day of April last past for one hundred and fifty eight dollars and thirty one cents.
**John Lyon et al vs 215 James [Lellie ?] et al**
On motion of plaintiffs, this cause is dismissed, and it is ordered that execution issue therefore
**John Lyon et al vs 595 Rose A Masterson et al garn.**
The plaintiffs discharge the garnishees and it is ordered that execution issue against them for the costs. Ten dollars allowed each.
**Samuel L Hertz vs 230 Lucius H Fuller**
Reply filed.
**George W Thatcher vs 144 Solomon Smith and Hiram Crittenden**
Petition.
Now come again the parties, by their respective attorneys, and also the Jury empannelled and sworn herein, and thereupon the trial of this cause progressed but not being finished further proceedings are laid over until to morrow morning.
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**Viewer Page 604** (rcdbook1858_28_0603.jpg)
> Handwritten Page Number on Record Book: 600
Court met pursuant to adjournment. Present as before.
John M Fulton is, on motion of J K Knight, admitted and enrolled as a member of this Bar.
**W H Vanderslicer vs 327 John A M Clroy**
motion for security for costs filed.
**Stephen Haskell et al vs 296 Joseph L Papin**
Motion to set aside non suit.
**David M Kee vs Charles Boswell**
Depositions for defendant opened and filed.
**Job p Doan et al vs John J Murdock and Charles K Dickson garn.**
Plaintiffs, by their attorney, in open Court acknowledge to have received full and entire satisfaction of the judgment rendered herein on the 29th of March 1858.
**William J Hazard vs? Lyman Scott et al**
Bill of exceptions filed.
**George W Zimmerman vs 401 Daniel D Page et al**
Alias summons for Bacon and Wyman ordered.
**George W Thatcher vs 144 Salomon Smith and Hiram Crittenden**
Petition.
Now come again the parties, by their respective attorneys, and also the Jury empannelled and sworn herein, and thereupon the trial progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiff and assess his damages at the sumof eight thousand nine hundred and seventy four dollars and ten cents. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid in from aforesaid as assessed and also his costs in this behalf expended and have execution therefore.
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**Viewer Page 605** (rcdbook1858_28_0604.jpg)
> Handwritten Page Number on Record Book: 601
Court met pursuant to adjournment. Present as before.
**Samuel Stilwell vs Joseph Hyman and William J Hollister**
Petition on Note.
Now comes the plaintiff, by his attorney, and files a petition, and the defendants also come and waiving the issue and service of process enter their appearance to this action, and file an answer herein; and the parties, plaintiff and defendants, waiving a Jury submit this cause to the Court upon the petition note and answer, and the Court having duly heard and considered the same doth find therefore that the defendants indebted to the plaintiff in the sum of eleven hundred and eight dollars and twenty five cents. It is therefore considered by the Court that the plaintiff recover of the defendants to the debt aforesaid in form aforesaid as found and also his costs herein expended and have execution therefore.
**Warren Semple vs Perry [Fenlason ?]**
Depositions for plaintiff opened and filed.
**State use of Newman et al vs Albert Pearce et al**
Depositions for plaintiffs opened and filed.
**D M Kee vs Cha Boswell**
Depositions for plaintiff opened and filed.
**W R Martin et al vs 169 Christian Setziq et al**
Continued
**George W Thatcher vs 144 Solomon Smith et al**
Motion for a new trial filed.
**Robert B Bowler vs 203 W Wade et al**
Continued.
**Jacob Rhodes vs 383 W my Webb**
Continued on affidavit at defendants costs.
**Albert E Daniels and Joseph H Daniels vs 221 Henry Lyon**
On note.
Now come the parties, by their attorneys, and the defendants withdraws his answer herein leaving this suit undefended, wherefore on motion of plaintiffs, the petition herein is taken against him as confessed; and the Court finds from the instrument of writing on which this action if found that the defendant is indebted to the plaintiffs in the sum of two hundred and ninety nine dollars and twenty one cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and their costs herein expended and have execution. therefor.
**In the mater of Annie Davis and Isham Davis**
Now comes Charles Roderman, the respondent, with his return on the unit herein and the bodies of said Annie and Isham Davis, and thereupon the hearing of the matters in controversy are laid over until to morrow morning. Demeurer filed.
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**Viewer Page 606** (rcdbook1858_28_0605.jpg)
> Handwritten Page Number on Record Book: 602
**Harvey W Smith vs 228 William Whitely, Jr, James M Haseltine, and James C Haseltine.**
Order of Publication. Attachment.
On motion of the plaintiff, by his attorney, it is ordered by the Court that the defendants be notified that a civil action has been commenced against them for the sum of fifteen hundred and sixty four dollars and thirteen cents and interest foundedon two promissory notes executed by them under the firm name of Whitely Haseltine and Company, 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 within and for the County of St Louis on the last Monday of September next and an on before the third day thereof answer the petition herein judgment will be rendered against them and their property sold to satisfy the same. It is further ordered that a copy here of be published, according to law, in the Missouri Democrat a newspaper printed and published in the City of St Louis.
**State use of Robt B Clark et al vs 424 Michael S Cerre et al**
The defendants file an answer herein.
**In the matter of the assignment of Joseph Rowell and John C Powell**
Petition for order on assignee filed. Separate affidavit of D A January, J D Osborne and ES Sloan filed.
**The State of Missouri in the relation and to the use of Edward Hogg. vs 423 Michael J C cerre, James H Lucas, and Henry G [Soulard ?].**
On Bond.
Now come the parties [by ?] their attorneys and agree that judgment may be rendered herein in favor of the plaintiff and against the defendants for the sum of one cent. It is therefore considered by the Court that the plaintiff recover of the defendants the sum aforesaid as agreed upon and his costs in this behalf expended and have execution therefor.
**The State of Missouri in the relation and to the use of William L Weller vs 425 Michael S Cere James H Lucas, and Henry G Soulard,**
On Bond.
Now come the parties, by their attorneys and agree that judgment be rendered herein in favor of the plaintiff for the sum of one cent. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid as agreed upon and his costs herein expended and have execution therefor.
**The State of Missouri in the relation and to the use of David M Smith, William H Smith and Adam Smith vs 426 Michael S Cerre, James H Lucas and Henry G Soulard.**
On Bond.
Now come the parties, by their attorneys, and agree that judgment be rendered herein favor of the plaintiff for the sum of one cent. It is therefore considered by the Court that the plaintiffs recover of the defendants the damages aforesaid as agreed upon and their costs herein expended and have execution therefor.
**David Cunningham No155 John A Williams et al**
The plaintiff files a petition and an application for leave to one as a poor person and the Court upon consideration thereof, doth order that said application be granted.
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**Viewer Page 607** (rcdbook1858_28_0606.jpg)
> Handwritten Page Number on Record Book: 603
**James G [Price ?] vs 153 Bars G Leper, Evan Williams, J B Bell, S H Fulton and R W Bailey.**
Order of publication. Attachment.
The plaintiff files a petition and an affidavit from which it appears that the defendants are non residents, of this State, therefore, on motion of the plaintiff by, his attorney, it is ordered by the Court that the defendants be notified that [a ?] civil action has been commenced against them for the sum off two hundred dollars on account of the failure of the defendants to comply with a contract made by them with the plaintiff for the piloting of the steam boat Stephen Decatur, 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 within and for the County of St Louis, on the last Monday of September next and on or before the third day thereof answer to the action aforesaid judgment will be 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 a newspaper printed and published in the City of St Louis.
**William J Hazard vs 253 Lyman Scott et al**
The defendants, Lyman Scott, by his attorney, files and affidavit for an appeal herein, wherefore the Court doth order an appeal be granted to said defendant to the Supreme Court from the judgment herein rendered; Thereupon the said defendant files an appeal bond, which is approved by the Court.
**James M Bristow vs 433 The Pacific Rail Road Co**
Continued by consent at the plaintiffs costs. Leave given plaintiff to withdraw depositions filed.
**Russell Scarrett and Paris H Mason vs 317 Frederick Meyer and Moritz Meyer**
On note.
Now the plaintiffs, and by their attorney, but the defendants although called come not; no Jury being required the Court from the proofs doth find that the defendants are indebted to the plaintiffs in the sum of two hundred and thirty two dollars and twenty cents. It therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as found and their costs herein expended and have execution therefor. Judgment to bear ten percent interest.
**Alexander [Cruikshanks ?] vs 336 Robert P Clark**
On motion of the plaintiff, by his attorney, it is ordered that this cause be be dismissed at his costs and that execution issue therefor.
**Andreas Berk vs 329 William Turton Sr et al**
Now come the defendants, by their attorney, but the plaintiff failing to amend, therefore on motion of defendants, it is ordered that [judgment ?] on demurrer be made final. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf but that the defendants go hence without day and recover of the plaintiff their costs herein expended and have execution therefor.
**Providence Tool Co vs 620 Paul Reinhard et al garnishees of Henry Mc Woodward**
On motion of the garnishees, Samuel L Sawyer and Leander J Sharp, by attorney, it is ordered that they be discharged hence at the plaintiffs costs and that execution issue therefor. The sum often dollars is allowed each for answering herein.
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**Viewer Page 608** (rcdbook1858_28_0607.jpg)
> Handwritten Page Number on Record Book: 604
**William Reynolds vs 250 Robert L Jones, Richard Barry and Thomas Quigley**
Petition.
Now come the plaintiff and the defendant, Jones, by their respective attorneys, but the defendants Barry and [Luigley ?], although called come not thereupon come also a Jury, to wit; J F Amelung, E Fisher, John Foy, William H Long, Robert Runyan, C Crone I M Franciscus, R Michaelmore, Richard Nome, Henry petring, P Lannert, and William Sensenderfer, twelve good and lawful men, who being duly elected, tried and sworn well and truly to try the issues joined between the plaintiff and the defendant Jones, and also to inquire into and assess the plaintiffs damages against the defendants, Barry and Luigley, the trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiff and against the defendant, Jones, and assess the damages against him at the sum of forty four dollars, and assess the damages against Barry and Luigley, at the sum of one cent. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid as assessed against them respectively, and also his costs herein expended and have execution therefor.
**Zalman Taylor, Harvey Hubbell, and John W Knapp vs 142, Morris D Meyer**
Order of Sale.
Michael S Cerre, Esq, Sheriff of St Louis Country, files a statement from which it appears that the keeping of the property attached herein will be attended with much expense before the probable termination of this suit, and that the same is likely to depreciate in value; therefore it is ordered that said Sheriff sell said property according to law and make a report of his proceedings herein on or before the first day of the next term of this Court.
**Geo P Fein vs 614 Adolphus Dentelmoser Garn.**
Motion to dismiss proceedings against garnishee filed.
**Henry C Warren vs 38 Cornelius H Tunison et al**
Motion for judgment on bond filed.
Charles Kick is fined five dollars for non attendance as a witness.
**Charles F [Hodzle ?] vs 233 Henry Boernstein, Robert M Funkhouser, Felix Coste, William H Maurice, Ringrose I Watson, Peter A Ladew, Augustus P Ladew, Samuel Jacoby, John W Thornburgh, Moses L pottle, Josiah G M Clellan, James C Moody and William S [Idillyer ?]**
Petition for Damages.
Now come the parties, except Moses L Pottle, by their respective attorneys, and the plaintiff dismisses this suit as to said defendant, Pottle; thereupon come also a Jury, to wit; C W Woodworth, P A Berthold, Fle Schmeirding, James Buckley, Henry Scharinghausen, William M Samuel, William M Knight, peter Graham, V Clause, A m Faster and J E Gilmore, eleven good and lawful men, who being by consent, duly by elected, tried and sworn the issues herein joined well and truly to try the trial progressed but not being finished is said over until tomorrow morning.
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**Viewer Page 609** (rcdbook1858_28_0608.jpg)
> Handwritten Page Number on Record Book: 605
Court met pursuant to adjournment. present as before.
John S M Cune and Edward Bates, two credible witnesses, examined under oath, prove the acknowledgment and execution of a deed of emancipation by Sarah Bates to the following Slaves, to wit: Keziah aged 63, Henry, a mulatto man, aged thirty nine, Jarlton aged 26, Angelina aged about 55, James aged about 33, Elizabeth aged about 32, Elizabeth aged about 13, John James aged about 10, Robert Alfred aged about 6, Elijah aged about 4, Edward aged about 1, Franklin aged 17, John Thomas aged 15, Susan aged about 48, Angelina aged 23, Melinda aged 4, George aged 18 months, May aged 22, Martha aged 2, Dinah aged 19, Barthena aged 17, Fanny aged 16, Kesey, aged 14, Carnelia aged 11, pamelia aged 9, Clemenza, aged 7, Harriet aged 34, William aged 16, Richard aged 14, Mary aged 13, Joshua aged 11, and Joseph aged 10.
**Harvey W Smith vs 228 W Whitely Jr et al**
Dedimus to Indiana ordered for plaintiff.
**John Webster et al vs 495 Joacob Cammonn et al**
Continued as on affidavit at defendants costs for absence of witness Wood.
**In the matter of Anne and Isham Davis**
Now comes Margaret Davis, by attorney, and the respondent also comes with the bodies of said Anne & Isham and the matters in controversy being heard and fully considered by the Court, it is ordered that said Anne & Isham be remanded to the custody of Charles Roderman. the respondent.
Alex Martin is on motion admitted and enrolled as a member of this Bar.
**Theron Barnum et al vs 376 Washington F Adams**
Affidavit for continuance filed.
**John W Skinner vs 510 D A January et al**
Continued.
**Rene Guillon et al vs 470 Ino L Chandler**
Continued by consent.
**Charles H Franke et al vs 465 Frantz Voqtle et al**
Continued by consent.
**George W Lynch vs Freeman Little**
Continued on affidavit at defendants costs.
**Ino W Skinner vs 511 Cha Holmes et al**
Continued.
**Charles F [Hoelzle ?] vs 233 Henry Boernstein, Robert M Funkhouser, Felix Coste, W N Maurice, Ringrose I Watson, Peter A Ladew, A P Ladew, Sam Jacoby, Jno W Thornburgh, Josiah G M Clellan, James C Moody and W S Hillyer.**
Petition
Now come again the parties, by their respective attorneys, and also the Jury empannelled and sworn herein, and thereupon the trial progressed but not being finished is laid over until tomorrow morning.
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**Viewer Page 610** (rcdbook1858_28_0609.jpg)
> Handwritten Page Number on Record Book: 606
**Martin Bayse vs 497 James Moore et al**
The defendants, Adam D Stewart, May B Stewart, and Robert Campbell, withdraw their answer herein, and by consent, the said Adam D Stewart and Robt Campbell, file and amended answer herein.
Court met pursuant to adjournment. Present as before.
**James M Bristow vs 433 Pacific Rail Road Co**
Dedimus ordered to Kentucky for plaintiff.
**In the matter of the assignment of Bartlett M Comb Co**
Inventory filed.
**State ex [rel ?] Brooks vs 429 Michael S Cerre**
Agreement filed.
**Andreas Birk vs 462 W Turton Sr et al**
The plaintiff failing to amend on motion of the defendants, by their attorney, this cause is dismissed at plaintiffs costs and it is ordered that execution issue therefore.
**John OConnor vs 445 Wm H Peacson**
On moyion of the plaintiff, it is considered that this cause be dismissed at his costs and that execution issue therefor.
**Henry Lucking vs 400 Frederick Meyer**
On note.
Now comes the plaintiff, by his attorney, but the defendant, although called comes not, and no Jury being required the Court from the proofs doth find that the defendant is indebted to the plaintiff in the sum of six hundred and sixty seven dollars and fifty five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and his costs herein expended and have execution therefor.
**Henry B Graham vs 493. Charles L Hunt**
On account.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiff, the petition is taken against the defendant as confessed; and no Jury being required the Court from the proofs doth assess the plaintiffs damages at the sum of three hundred and ninety nine dollars and thirty five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid assessed and his costs herein expended and have execution therefore.
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**Viewer Page 611** (rcdbook1858_28_0610.jpg)
> Handwritten Page Number on Record Book: 607
**George Reder vs 451 Jno G Redemeyer**
On motion of the plaintiff, it is ordered that this cause be dismissed at his costs and that execution issue therefor.
**Henry S Parker et al vs 441 William Wade et al**
The defendants Adam D Stewart and wife and Robert Campbell and Danl M Frost and wife withdraw their answers to the amended petition, and by consent the said Adam D Stewart, Campbell Frost and wife file amended answers herein
**William H Vanderslicer vs John A McElroy**
Depositions for plaintiff opened and filled.
**Joshua W Owings vs 440 Frederick Meyer, Moses Meyer and Charles S Scott**
On note.
Now comes the plaintiff and the defendants Frederick and Moses Meyer, by their respective attorneys, thereupon the plaintiff dismisses this suit as to the defendant, Scott, and the other defendants withdraw their answer herein leaving this suit undefended, wherefore on motion of the plaintiff, the petition is taken against them as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of six hundred and Sixteen dollars and eighty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and his costs herein expended and have execution therefor. Judgment to bear interest at the rate of ten per cent per annum.
**Charles F Hodzle vs 233. Henry Boernstein, Robert N Funkhouser, Felix Coste, William H Maurice, Ringrose J Watson, Peter A Laden, Augustus P Laden, Samuel Jacoby, John W Thornburgh, Josiah G McClellan, James C Moody and William S Hillyer**
Petition.
Now come again the parties, by their respective attorneys, and also the Jury empannelled and sworn herein, except William McKnight, and thereupon, by consent of parties, the trial progressed with the remaining ten Jurors, but not being finished is laid over until tomorrow morning.
---
**Viewer Page 612** (rcdbook1858_28_0611.jpg)
> Handwritten Page Number on Record Book: 608
Court met pursuant to adjournment. Present as before.
**State ex rel Robt B Clark et al vs 424 Michael S Cerre et al**
Continued on affidavit at defendants costs.
**State ex rel Same Brooks vs 424 Michael S Cerre et al**
Continued on affidavit at defendants costs.
**Frederick P Whitcher et al vs 544 William H Kidd et al**
Continued by consent of parties.
**Adam Jacobs et al vs 503 David L Latourette et al**
Continued by consent of parties.
**W H Vanderslicer vs 327 Jno A M Elroy**
Three Exhibits Filed.
**John Brooks vs 502 Geo J Brady**
Continued on affidavit at defendants costs.
**John Brooks vs 501 Geo J Brady et al**
Continued on affidavit at defendants costs.
**Upton L Boyce vs 124 W L Hutchings**
Order of Sale.
Michael S Cerre, Esq, Sheriff of St Louis County, comes and files a statement from which it appears that the keeping of the property attached will be attended with great cop and expense before the probable termination of this suit; therefore it is ordered that said Sheriff proceed to sell said property according to law; and that he report his proceedings herein on or before the first day of the next term of this Court.
**Charles Bratenhal and Lewis Bratenhal vs 145 A R Grimes**
Order of Sale.
Michael S Cerre, Esq, Sheriff of St Louis County, files a statement from which it appears that the keeping of the property attached, will be attended with much expense before the probable termination of this suit, therefore it is ordered that said Sheriff sell said property according to law and report his proceedings herein on or before the first day of the next term of this Court.
**William C Jamison vs 915 James Castello et al**
Motion to strike out parts of petition filed.
**Henry F Givens et al vs 75 Jno B S Lemoine**
Motion to strike out answer and for judgment filed.
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**Viewer Page 613** (rcdbook1858_28_0612.jpg)
> Handwritten Page Number on Record Book: 609
**Thomas Reynolds et al vs 377 Charles Curtis**
Continued on affidavit at defendants costs.
**Fallina [Hormann ?] vs 388 W [Hormann ?]**
Continued as on affidavit at plaintiffs costs.
**Meshack H Carroll vs 655 Wiley I Stratton**
Confession of Judgment.
Now comes the plaintiff, by his attorney, and also comes the defendant and files a statement in writing whereby he confesses himself indebted to the plaintiff in the sum of five hundred and eighteen dollars and seventy five cents, third consents that judgment may be rendered against him for that amount. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid in form aforesaid as confessed and his costs herein expended and have execution therefor. Judgment to bear ten percent interest.
**Gustavus W Dryer and Rudolph Ulrici vs 656. Jacob Bensberg.**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and also comes the defendants and files a statement in writing whereby he confesses himself indebted to the plaintiffs in the sum of Six hundred and twenty nine dollars and eighty eight cents. And authorizes the Court to enter up judgment against him for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendant the sum aforesaid in form aforesaid as confessed, and their costs herein expended and have execution therefor.
**Henry K Sheldon vs 521 Frederick Rower and William Rower**
On note.
Now come the parties, by their respective attorneys, and agree that judgment may be rendered herein favor of the plaintiff for the sum of one hundred and eighty nine dollars and fifty four cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as agreed upon and his costs herein expended and have execution therefor.
**Charles F Hodzle vs 233. Henry Boernstein, Robert M Funkhouser, Felix Coste, William H Maurice, Ringrose J Watson, Peter A Laden, Augustus P Laden, Samuel Jacoby, John W Thornburgh, Josiah G McClellan, James C Moody and William S Hillyer**
Petition.
Now come again the parties, by their respective attorneys, and also the Jury empannelled and sworn herein, thereupon the trial of this cause progressed and being finished the Jury retire to consider of their verdict.
**Henry Papin vs August Sohnyon**
Order for Delivery. The plaintiff 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 said affidavit 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 614** (rcdbook1858_28_0613.jpg)
> Handwritten Page Number on Record Book: 610
**Sextus N Wilcox, and James O Lyon vs 354 Perry Fenlason**
On note.
Now come the plaintiffs, by their Attorney, but the although called comes not, and the plaintiffs waiving a Jury, the Court from the proofs doth find that the defendant is indebted to the plaintiffs in the sum of two hundred and sixty three dollars and fifty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and their costs herein expended and have execution therefor. Judgment to bear ten percent interest.
**Chalmer D Blossom vs 387 William A Nelson, William C Martin, and Jonathan Jones**
On note.
Now come the plaintiff and the defendants, Nelson and Martin, by their respective Attorneys, but the defendant Jones although duly called comes not, and no Jury being required the Court doth from the pleadings proofs and note, find that the defendants are indebted to the plaintiff in the sum of two hundred and sixty six dollars and twenty five cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and his costs herein expended and have execution therefor.
**Andre F Carpenter vs 578 Morris D Myers**
On note.
Now come the parties, by their Attorneys, and submit this cause to the Court upon the pleadings and proofs and the Court doth find therefrom that the defendant is indebted to the plaintiff in the sum of two hundred and thirty five dollars and thirty two cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and his costs herein expended and have execution therefor.
**William H Vanderslicer vs 327 John A McElroy**
Petition for Damages.
Now come the parties, by their Attorneys, and also a Jury to wit; J F Emelung, Conrad Fisher, John Fox, William H Long, Robert Runmon, C Crone, James M Franciscus, B Michaelmore, Henry Pettring, Philip Lannert, William Sensenderfer and M Ticknor, 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 finished the Jury aforesaid upon their oaths find for the defendant. It is therefore considered by the Court that the plaintiff take noting by his suit in this behalf but that the defendant go hence without day and recover of said plaintiff his costs herein expended and have execution therefor.
**Pierre A Berthold and Alfred C Bernoudy vs 381 Charles Belcher and William H Belcher**
On note.
Now come the plaintiffs, by their Attorney, and dismiss this suit as to the defendant Charles Belcher, but the defendant William H Belcher, although duly summoned and called, comes not but makes default wherefore the petition herein is taken against him as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of two thousand and eighty eight dollars and eighty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and their costs herein expended and have thereof execution.
---
**Viewer Page 615** (rcdbook1858_28_0614.jpg)
> Handwritten Page Number on Record Book: 611
**Theron Barnum and Josiah Fogg. vs 376 Washington F Adams**
On note.
Now come the parties, by their respective attorneys, and the defendant files an affidavit and moves the Court for a continuance of this cause, which being seen heard and fully understood, it is ordered that the same be overruled, thereupon come a Jury to wit; J F Emelung, Coma & Fisher, John Fox, William H Lone, Robert Runnion, C Crone, James M Franciscus, B Michaelmore, Henry Petring, Philip Lannert, William Sensenderfer and M Ticknor, twelve good and lawful men, who being duly elected and empannelled to try the issues herein joined, the trial progressed and being finished the Jury find for the plaintiff in the sum of four hundred and thirty dollars and seventy cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum aforesaid as found and their costs herein expended and have execution therefor. The defendant files a motion for a new trial and also files a motion in arrest of judgment.
**Charles J Gilbert, Jonathan R Miles and Edwin O Stannard vs 320 Frederick Meyer and Moritz Meyer**
On note.
Now come the plaintiffs, by their attorney, but the defendants, although duly called come not; and the plaintiffs waiving a Jury the Court doth find from the proofs that the defendants are indebted to the plaintiffs in the sum of two hundred and seven dollars and fifty cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as found and also their costs herein expended and have execution therefor.
**Henry S Parker, Noah M Ludlow and Francis M Ludlow vs 441 William Wade, Daniel M Frost, Eliza G Frost, Mary B Stewart, Adam D Stewart, and Robert Campbell**
On note.
Now come the parties, except William Wade, by their respective attorneys, but the said William Wade, although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiffs, it is ordered that the petition herein be taken against him as confessed; thereupon come also a Jury to wit; J F Emelung, Conrad Fisher, John Fox, William H Long, Robert Runnion, Richard Holmes, James M Franciscus, B Michaelmore, Henry Petring, Philip Lannert, William Sensenderfer, and M Ticknor, twelve good and lawful men who being duly elected, tried and sworn the issues herein joined well and truly to try the trial progressed but not being finished is laid over until tomorrow.
---
**Viewer Page 616** (rcdbook1858_28_0615.jpg)
> Handwritten Page Number on Record Book: 612
Court met pursuant to adjournment. Present as before.
**Charles F Hodzle vs 233 Henry Boernstein, Robert M Funkhouser, Felix Coste, William H Maurice, Ringrose J Watson, Peter A Laden, Augustus P Laden, Samuel Jacoby, John W Thornburgh, Josiah G McClellan, James C Moody and William S Hillyer**
Petition for Damages.
Now come again the parties, by their respective attorneys, and also come the Jury empannelled and sworn herein and being agreed upon a verdict upon their oaths find for the plaintiff and assess his damages at the sum of twenty nine hundred and twenty five dollars and twenty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid as assessed and his costs herein expended and have execution therefore. The defendants file a motion for a new trial herein.
**Mathias Mentrup vs 580 Peoples Savings Inst**
Demurrer filed. Motion to strike out parts of petition filed.
**Levering use of Thompson vs 717 Sigerson**
Motion to retax costs filed.
**August Leimer vs 587 The Pacific Rail Road Company**
By consent of parties, it is ordered that this cause be dismissed at the defendants costs and that execution issue therefor.
**Theron Barnum et al vs 376 Washington F Adams**
It appearing to the Court that the Jury empanelled herein were not sworn it is therefore ordered that the judgment rendered herein be set aside and that this cause be set for trial for the 31st instant.
**State exrel Steveson vs 519 Michael S Cerre et al**
Continued as in affidavit at the defendants costs.
**John Garrison et al vs 578 William A Bassett et al**
On motion of the plaintiffs, by their attorney, it is ordered by the Court that the default herein taken against the defendant, Bassett, be set aside and annulled.
**Frank Weise vs 419 Henry Bartold and Louis Bartold**
On note.
Now come the parties, by their attorneys, and submit this cause to the Court and the Court having duly heard and considered the same doth find that the defendants are indebted to the plaintiff in the sum of six hundred and thirty three dollars and forty six cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and his costs herein expended and have execution therefor.
---
**Viewer Page 617** (rcdbook1858_28_0616.jpg)
> Handwritten Page Number on Record Book: 613
**Sarah Witherell, Ann L Poindexter, and Robert B Major vs 333 Horace R Patterson, Sylvester H Laflin, John Warner, E Crane, and M Roane**
On account.
Now come the parties, by their respective attorneys, and also a Jury to wit; C Crane, P A Berthold, F C Schmerding, James Buckley, H scharringhausen, W M Samuel, Peter Graham, T Clause, A M Foster and J C Gilmore, ten good and lawful men, who being, by consent, duly elected tried and sworn the issues herein joined well and truly to try the trial progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiffs and assess the damages at the sum of two hundred and sixty four dollars and seventy five cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the damages aforesaid in form aforesaid as assessed and their costs herein expended and have execution therefor.
**Charles Richardson vs 456 Miles G Moies and Henry M Woodward**
On notes.
Now come the plaintiff and the defendant, Woodward, by their respective attorneys, but the defendant, Moies, although called comes not, and no Jury being required 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 issues joined between the plaintiff and the defendant, Woodward, in favor of the plaintiff, and doth find that the defendants are indebted to the plaintiff in the sum of two thousand three hundred and thirty seven dollars. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor. The defendant, Woodward, files a motion for a new trial herein.
**State use of Wm H Newman et al vs 535 Albert Pearce et al**
Motion to suppress depositions filed.
**John Reeves vs 459 William Fulton**
Amended petition filed by leave. Replication filed.
**Henry S Parker, Noah M Ludlow and Francis M Ludlow. vs 441 William Wade, Daniel M Frost, Eliza G Frost, Mary B Stewart, Adam D Stewart and Robert Campbell**
On note.
Now come the parties, by their respective attorneys, and also the Jury empannelled and sworn herein and thereupon the trials of his cause progressed and being finished the jury retire to consider of their verdict.
---
**Viewer Page 618** (rcdbook1858_28_0617.jpg)
> Handwritten Page Number on Record Book: 614
Court met pursuant to adjournment. Present as before.
**Henry S Parker, Noah M Ludlow, and Francis M Ludlow vs 441 William Wade, Daniel M Frost, Eliza G Frost, Mary B Stewart, Adam D Stewart, and Robert Campbell**
On note.
Now come again the parties, by their respective attorneys, and also come the jury empanelled and sworn herein, and being agreed upon a verdict upon their oaths find for the defendants, Adam D Stewart, Mary B Stewart and Daniel M Frost, and also find in favor of the plaintiffs and against the defendants William Wade and Eliza G Frost and assess the damages against them at the sum of five hundred and three dollars and thirty nine cents. It is therefore considered by the Court that the plaintiffs take noting by their suit against the defendants Adam D Stewart, Marry B Stewart and Daniel M Frost but that they go hence without day and recover of the plaintiffs their costs herein expended, and that the said plaintiffs recover of the defendants, William Wade and Eliza G Frost, the damages aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefor.
**Sarah Witherell etal vs 333 Horace R Patterson et al**
Motion for a new trial filed.
**Wm H Vanderslicer vs 327 Jno A M Elroy**
Motion for a new trial filed.
**Malcom Turner etal vs 243 W Hassinger**
Deposition for plaintiffs opened and filed.
**Bowman C Baker etal vs Fredk A Schmucker et al**
Depositions for plaintiffs opened and filed. Agreement filed.
**Jane Doyle vs Jno Doyle**
Agreement filed.
**Eliza S White vs 121 Henry White**
Motion for support [pendent ?] lite filed.
---
**Viewer Page 619** (rcdbook1858_28_0618.jpg)
> Handwritten Page Number on Record Book: 615
Court met pursuant to adjournment. Present as before.
**John Garrison etal vs 578 William A Bassett et al**
The defendants file an affidavit and move the Court for a a continuance which being heard and fully considered by the Court it is ordered that the same be overruled. The defendant Bassett by leave of Court files an answer herein.
**Jacob L Levinski vs 581 Erastus Wells**
Continued by consent at plaintiffs costs.
**Providence Tool Co vs 570 Miles G Moies**
Petition.
Now come the parties, by their respective attorneys, and the defendant withdraws his answer; and the parties consent that judgment may be rendered herein in favor of the plaintiff for the sum of twenty six hundred and fifty one dollars and eighty four cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid as agreed upon and also his costs herein expended and have execution therefor.
**Louis Rower etal vs 166 August Johns**
Continued.
**Peter Rosweiler vs 517 Philip Seiler**
Continued generally.
**Irwin Z Smith vs 630 Henry Hitchcock etal**
Continued by consent.
**Charles H Waters, Silas M Barrett, and Eben Dole vs 49 Myron F Benjamin, Olive W McKinney and J Elliott [Duryee ?]**
Order of Publication. Attachment.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that the defendants be notified that a civil action has been commenced against them for the sum of five hundred and thirty six dollars and fifty cents on account of goods wares and merchandise sold and delivered by the plaintiffs to the 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 within and for the County of St Louis, on the last Monday of September next, and on or before the third day thereof plead to this action, judgment will be 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 a newspaper printed and published in the City of St Louis.
**George Burklin vs 371 Heinrich Boernstein etal**
**Geo Burklin vs 372 Adalbert Lochr etal**
**Geo Burklin vs 373. [Jas ?] L Faucett**
The plaintiff by attorney, withdraws motions to set aside dismissal herein.
**Henry S Parker et al vs 441 William Wade et al**
The defendant, Eliza G frost, by her attorney, files a motion for a new trial herein and thereupon she also files a motion in arrest of the judgment herein.
---
**Viewer Page 620** (rcdbook1858_28_0619.jpg)
> Handwritten Page Number on Record Book: 616
**Catharine A Noonan vs 205 John H Tighe and Thomas Fox**
On account.
Now come the parties, by their respective attorneys, and also come a jury to wit; J A Englehard, Paul Kemp, F Singer, G W Kidd, Samuel Michael, J W Seimers, F B Tucker, Fredk B [Gniseper ?], Geo Harvey, A J Morrison and Clemens Hoppe, eleven good and lawful men who being, by consent, duly elected tried and sworn the issues herein joined well and truly to try the trial progressed, but not being finished is laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
**In the matter of Jacob Bensberg**
Receiver Appointed.
On motion of the plaintiffs in certain executions issued from the Clerks Office of this Court, it is ordered by the Court that David R Powell be appointed receiver of certain books of account and bills receivable which have been levied upon as the property of said Jacob Bensberg, by the Sheriff of St Louis County under said executions: and the said Powell accepts said appointment and being sworn files his bond in the sum of five thousand dollars with Samuel Stilwell as security, which bond is approved by the Court.
**Bowman C Baker etal vs Fredk A Schmucker etal**
Depositions for plaintiffs opened and filed.
**George W Bowman vs 404 Louis A Welton and Richard F Sass**
On notes.
Now come the parties, by their respective attorneys, and the defendants withdraw their answer and agree with the plaintiff that judgment may be rendered herein for the plaintiff for the sum of six hundred and forty one dollar and fifty five cents and costs. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as agreed upon and also his costs herein expended and have thereof execution. The parties consent that issue of execution herein be stayed until the fifteenth day of September next.
**Warren Semple vs 524 Perry Fenlason**
On note.
Now comes the plaintiff, by his attorney, but the defendant although duly called comes not; and the plaintiff waiving a jury submits this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find that the defendant is indebted to the plaintiff in the sum of one hundred and ninety six dollars and twenty five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
---
**Viewer Page 621** (rcdbook1858_28_0620.jpg)
> Handwritten Page Number on Record Book: 617
**Thomas Green vs 331 George B Field and William Hassinger**
On notes.
By consent of parties, by their attorneys, it is ordered by the Court that the entry of judgment made herein on the third day of March eighteen hundred and fifty nine be set aside and the following entered nunc pro tune as of that in lien thereof; Now comes the plaintiff, by his attorney but the defendants although duly summoned and called comes not but makes default, wherefore, on motion of the plaintiff the petition herein is taken against them as confessed; an the Court finds from the instruments of writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of six hundred and fifty four dollars and sixty eight cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**The Marine Bank of Chicago vs 483 Richard J Tunstall and Richard Holme**
On Draft.
Now comes the plaintiff, by it attorney but the defendant although called come not, and the plaintiff waving a jury submits this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find that the defendants are indebted to the plaintiff in the sum of three thousands three hundred and ten dollars. It is therefore considered by the Court that the plaintiff recover of the defendants to the debt aforesaid in form as found and its costs herein expended and have execution therefor. Exhibit filed.
**Catharine A Noonan vs 205 John H Tighe and Thomas Fox**
On account.
Now come again the parties, by their respective attorneys, and also the jury empanelled and sworn herein, and thereupon the trial of this cause progressed and being finished the jury aforesaid upon their oaths aforesaid find for the plaintiff and assess the damages at the sum of eleven hundred and forty seven dollars and thirteen cents. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid assessed and also her costs in this behalf expended and have execution therefor. The defendants file a motion for a new trial.
**Thomas J Kinsey vs Ferdinand Meyer and Moritz Meyer**
On note.
Now comes the plaintiff, by his attorney, but the defendants although called come not, and the plaintiff waiving a jury submit this cause to the Court and the Court having duly heard and considered the same doth find that the defendants are indebted to the plaintiff in the sum of twelve hundred and sixty six dollars and ninety three cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and his costs herein expended and have execution therefor. Judgment to bear interest at the rate of ten per cent per annum.
**Joseph Schnaider vs 421 Andreas Knehler etal**
On motion of the plaintiff, it ordered that this cause be dismissed at his costs and that execution issue therefor.
**Joshua B Brant etal vs 403 Geo W Manning**
On motion of the plaintiff it is ordered that this cause be dismissed at their costs and that execution issue therefor.
---
**Viewer Page 622** (rcdbook1858_28_0621.jpg)
> Handwritten Page Number on Record Book: 618
**William H Barksdale and Barksdale Davidson vs 420 George B Michael**
On check.
Now comes the parties, by their respective attorneys, and file an agreement herein, which is as follows, to wit; "In this case it is agreed that there shall be a trial by the Court, if the Court will consent to try the same, and if not by a Jury, as if no garnishment or other proceedings were pending in the Court of Common Pleas, and that whatever judgment may be rendered for the plaintiffs shall be rendered subject to the following conditions, to wit; 1st. That no execution shall be issued thereon until the final determination of a suit now pending in the St Louis Court of Common Pleas in which Kenneth Mackenzie is plaintiff and J B Gridley is defendant, in which said Michael is summoned as garnishee and one Parceveaux is interpleader. If any final judgment or decree shall be rendered in any of said proceedings in said Court of Common Pleas against said Michael in favor of said Mackenzie or in favor of said interpleader or any other interpleader the amount of such judgment or judgments shall be entered as credits on the judgment in this cause and execution issue for the balance, if any. If the proceedings against said Michael in said Court of Common Pleas shall be dismissed or if final judgment shall go in favor of said Michael so that he be finally discharged thereupon, then execution may issue in this case for the full amount of the judgment that may be entered herein. This agreement shall not be construed, however, to deprive any party to said proceedings in said Common Pleas Court from any right of appeal or writ of error, and if any appeal or writ of error be sued out in such proceedings the execution in this cause shall be stayed until the proceedings in said Common Pleas Court be finally and effectually determined so as to be conclusive upon the parties to said proceedings. This agreement is to be entered of record as a part of the judgment of this Court in this case, and to be enforced as such. F C Sharp atto for plffs, D W Hill atty for Deft:" 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 find there from that the defendant is indebted to the plaintiffs in the sum of twelve hundred and ninety seven dollars and fifty cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor subject to the stipulations in the above agreement.
**Conrad Elliott vs 374 Woodford W. McCamant, and George W Manning and C W Kenworthy**
Petition for Damages.
Now come the parties, by their respective attorneys, and also a jury to wit; J A Englehard, Paul Kemp, F Singer, G W Kidd, Samuel Michael, J W Seimers, T B Tucker, Frederick Gruseper, George Harvey, A J Morrison, Clemens Hoppe, and Henry M Woodward, twelve good and lawful men, who being duly elected tried and sworn the issues herein joined well and truly to try, the trial progressed, but the plaintiff says he will not further prosecute his action in this behalf but voluntarily suffers a non suit. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf but that the defendants go hence without day and recover of the said plaintiffs their costs herein expended and have execution therefor.
**David McKee vs 488 Charles Baswell**
On note.
Now come the parties, by their respective attorneys, and submit this cause to the Court thereupon the trial progressed but the plaintiff says he will not further prosecute his suit in this behalf but voluntarily takes a non suit with leave to move to set the same aside. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf but that the defendant go hence without day and recover of said plaintiff his costs and charges herein expended and have thereof execution. Leave given plaintiff to move to set aside non suit.
---
**Viewer Page 623** (rcdbook1858_28_0622.jpg)
> Handwritten Page Number on Record Book: 619
**William B Lent etal vs 588 William Baugh**
Continued at the defendants costs.
**John J Haley etal vs 613. Fredk Spies etal garn.**
Continued by consent of parties.
**Benoni S Garland vs 637 Jno F A Sandfords admr**
Continued as on affidavit at the defendants costs.
**The State of Missouri to use of Sherman Spencer vs 478 George W Manning, John How and Jess Arnot**
Petition.
Now come the parties, by their respective attorneys, and thereupon come also a jury, to wit; John Lowry, Thomas Schomborn, Frank Weise, Gladdin Gorrin, H L Ellis, J M Calvert, Peter Gamache, J B Roy, Edward Leiber, Peter Berger, George Hill and D Woestendick, twelve good and lawful men who being duly elected tried and sworn the issues herein joined well and truly to try the trial progressed but not being finished is laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
**Henry Linkemeyer vs 108 Michael Plunkett and Patt Plunkett**
Order of Publication.
The Sheriff having made return that the defendants cannot be found and the Court being satisfied that summons cannot be served upon them, therefore, on motion of the plaintiff, by his attorney, it is ordered by the Court that they be notified that a civil action has been commmenced against them for the sum of one hundred and seventy five dollars and interest founded on a note 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 within and for the County of St Louis on the last Monday of September next and on or before the third day thereof answer to this action, the plaintiffs petition will be taken against them as confessed. It is further ordered that a copy hereof be published, according to law, in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
**Theron Barnum etal vs 376 Washington F Adams**
The defendant, by his attorney, files an affidavit and moves the Court for a continuance herein, and the Court having duly heard and considered the same doth order that said affidavit be stricken from the files.
**William b lent etal vs 588 William Baugh**
On motion of the plaintiffs, by their attorney, it is ordered that a Summons issue herein returnable to the next term of this Court.
---
**Viewer Page 624** (rcdbook1858_28_0623.jpg)
> Handwritten Page Number on Record Book: 620
**The State of Missouri to use of Sherman Spencer vs 478 George W Manning John How and Jesse Arnot**
Petition
Now come again the parties, by their respective attorneys, and also the jury empanelled and sworn herein, and thereupon the trial progressed and being finished the jury aforesaid upon their oaths aforesaid find for the defendants. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf but that the said defendants go hence without day and recover of the said plaintiff their costs herein expended and have execution therefor.
**Thomas Keener and Fritz Keener vs 439 A William Streit and Andreas Reinstaedtler**
On note.
Now come the plaintiffs and the defendant, Reinstaedtler, by their respective attorneys, but the defendant, Streit, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed: and no jury being required 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 issues herein joined between the plaintiff and the defendant, Reinsteadtler, in favor of said defendant; and the Court finds from the instrument in writing on which this action is founded that the defendant, Streit, is indebted to the plaintiffs in the sum of seven hundred and eighty eight dollars and seventy one cents. It is therefore considered by the Court that the plaintiff take nothing by their suit in this behalf as against the said defendant, Reinstaedtler, but that the said defendant go hence without day and recover of the plaintiffs his costs herein expended and that the plaintiffs recover of the defendant, Streit, the sum aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**The Callaway Mining and Manufacturing Company vs 393 George W Clark and almond L Richardson**
Petition for Damages.
Now come the parties, by their respective attorneys, and also a jury, to wit; J A Englehard, Paul Kempf, F Singer, G W Kidd, Samuel Michael, T B Dutcher, F Griesseper, George Harvey, A J Marrison, E Hoppe, B Larbold and Benjamin McCarthy, 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 finished the jury retire to consider of their verdict.
---
**Viewer Page 625** (rcdbook1858_28_0624.jpg)
> Handwritten Page Number on Record Book: 621
Court met pursuant to adjournment. Present as before.
**A M Fountain, James C McPheeters and William W Mcpheeters vs George W Manning**
Order for Delivery.
The plaintiffs file a petition and also an affidavit, according to law, claiming the possession of certain personal property therein described; wherefore it is ordered by the Court that the defendant deliver said property in said affidavit described to the Sheriff of St Louis County, and said Sheriff is hereby [desected ?] if said property be not delivered to him to take it from the defendant and deliver it to the plaintiffs.
**The Callaway Mining and Manufacturing Company. vs 398. George W Clark and Almond S Richardson**
Petition for Damages.
Now come again the parties, by their respective attorneys, and also come the jury empanelled and sown herein and being agreed upon a verdict, upon their oaths, find for the plaintiff upon his claim the sum of eleven hundred and sixty six dollars and sixty six cents, and for the defendants upon their counterclaim the sum of three hundred and thirty five cents, and assess the plaintiffs damages at the sum of eight hundred and forty nine dollars and ninety nine cents. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid of assessed and also its costs herein expended and have execution therefor. The defendants file a motion for a new trial and also a motion in arrests of judgment herein.
**George B Sanderson vs 430 A William Streit and Adam Dieffenbach**
On note.
Now come the plaintiff and the defendant, Dieffenbach, by their respective attorneys, but the defendant, Streit, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed; and no jury being required this cause is submitted to the Court upon the pleadings note and proofs and the Court having duly heard and considered the same doth find the issues herein joined in favor of the plaintiff and doth find that the defendants are indebted to the plaintiff in the sum of ten hundred and ninety dollars and seventy seven cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**John A Ubsdell, Charles Pierson, William Barr and James Duncan vs 584. Rufus B Benedict.**
On note.
Now come the parties, by their respective attorneys, and the defendant withdraws his answer herein and consents and agrees with the plaintiffs that judgment may be rendered herein for the plaintiffs for the sum of two hundred and eighty five dollars and six cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as [agreed ?] upon and also their costs herein expended and and have execution therefor. Judgment to bear interest at ten per cent per annum.
**James J Kelly vs 610 Robert M Renick, et al garns. of Salisbury**
Depositions for the plaintiff opened and filed.
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**Viewer Page 626** (rcdbook1858_28_0625.jpg)
> Handwritten Page Number on Record Book: 622
**James G Human and Lee B Wallace vs 320 Henry J Cuniffe and William S M Knight**
Petition.
Now come the parties, by their respective attorneys, and also a Jury to wit; W Seimers, Thomas Schoenbaum, Frank Weis, G Gorin, H L Ellis, J H Calvert, Peter Garnache, J B Roy, Edward Leber, P Berger, Ger Hill and D Woestendick, twelve good and lawful men; who being duly elected tried and sworn the issues herein joined well and truly to try the trial progressed but not being finished is laid over until to morrow morning.
Court met pursuant to adjournment. Present as before.
Francis P Blair, Jr., Who is personally known to the Court, acknowledge in open Court the execution of a deed of emancipation to his slave Henry Dapee, aged about forty nine years, dark color, thick set heavy built, six feet high.
**C Rodney Montague vs 631 Franklin Field garns of Jno Stickel etal**
On motion of the plaintiff, it is ordered that said garnishee be discharged at his costs and that execution issue therefor.
**Bank of Missouri vs 458 William H Belcher etal**
Alias Summons ordered for Chas Belcher.
**Bank of Missouri vs 474 William H Belcher etal**
Alias Summons ordered for Chas Belcher.
**John Reeves vs 459 William Fulton**
Note.
Now come the parties, by their respective attorneys, and waiving a Jury submit this cause to the Court upon the pleadings and proofs thereupon the trial progressed but the plaintiff says he evil not further prosecute his action in this behalf but voluntarily takes a non suit with leave to move to set the same aside. It is therefore considered by the Court that the plaintiff be non suited and that the defendant go hence without day and recover of the plaintiff his costs herein expended and have execution therefor. The plaintiff files a motion to set aside the non suit herein.
**Roger M Allister vs 500 Richard F Sass etal**
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at the said plaintiffs costs and that execution issue therefor.
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**Viewer Page 627** (rcdbook1858_28_0626.jpg)
> Handwritten Page Number on Record Book: 623
**George B Sanderson vs 437 A William Streit and Andrew Reinstaedtler**
On notes.
Now come the plaintiff and the defendant, Reinstaedtler, by their respective attorneys, but the defendant, Streit, although duly summoned and called comes not but makes default, wherefore plaintiffs petition is taken against him as confessed; and no Jury being required this cause is submitted to the Court upon the pleadings and proofs, thereupon the trial progressed but the plaintiff says he will not further prosecute his suit in this behalf but voluntarily takes a non suit with leave to move to set the same aside: and the Court finds from the instruments in writing on which this action is founded that the defendant, Streit, is indebted to the plaintiff in the sum of fourteen hundred and fifty eight dollars and forty eight cents. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf against the defendant, Reinstaedetler, but that the said defendant go hence without day and recover of the plaintiff his costs herein expended and have execution therefor, and that the plaintiff recover of the defendant, Streit, the debt aforesaid as found against him and also his costs herein expended and have execution therefor. Motion to set aside non suit filed.
**The Pitts burgh Life Fire and Marine Insurance company vs 589 Richard F Sass, James O Carson, Nicholas Springer and Thomas M Wannall**
Petition on Notes.
Now come the plaintiff, by it attorney, and dismisses this suit as to the defendants, Springer and Wannall, and the defendants, Sass and Carson, withdraw their answer herein, and saying nothing further in bar of the plaintiffs demand the Court doth find from the instruments in writing on which this action is founded that the defendants Sass and Carson are indebted to the plaintiff in the sum of nine hundred and seventy one dollars and twenty six cents. It is therefore considered by the Court that the plaintiff recover of the said defendants the debt aforesaid as found and also its costs herein expended and have execution therefor.
**The Eureka Insurance Company vs 590 Richard F Sass, James O Carson, Nicholas Springer and Thomas M Wannall**
On notes.
Now come the parties, by their respective attorneys, and the defendants withdraw their answer herein, thereupon the plaintiff dismisses this suit as to the said Springer and Wannall, and the said Sass and Carson saying nothing further in bar of the plaintiffs demand the Court doth find from the instruments in writing on which this action is founded that the said defendants are indebted to the plaintiff in the sum of thirteen hundred and eighty four dollars and six cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and also its costs herein expended and have execution therefor.
**The Western Insurance Company vs 591 Richard F Sass, James O Carson, Nicholas Springer, and Thomas M Wannall.**
On notes.
Now come the parties, by their attorneys, and the defendants withdraw their answer herein, thereupon the plaintiff dismisses this suit as to the defendants, Springer and Wannall, and the defendants Sass and Carson, saying nothing further in bar of the plaintiff demand the Court doth find from the instruments in writing on which this action is founded that the said defendants are indebted to the plaintiff in the sum of thirteen hundred and eighty four dollars and six cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and also its costs herein expended and have execution therefor.
---
**Viewer Page 628** (rcdbook1858_28_0627.jpg)
> Handwritten Page Number on Record Book: 624
**James G Human and Lee B Human vs 320 Henry J Cuniffe and William S McKnight**
Petition.
Now come again the parties, by their respective attorneys, and also the Jury empanelled and sworn herein, and thereupon the trial of this cause progressed and being finished the Jury aforesaid upon their oaths aforesaid find for the plaintiffs and against the defendants on their counterclaim and assess the plaintiffs damages at the sum of four thousand four hundred and thirty one dollars and fifty five cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the damages aforesaid in form aforesaid as assessed and their costs herein expended and have execution therefor.
**The United States Savings Institution vs 540 John Brooks, Horace D Brady, George J Brady and Frederick W Heitteman**
On note.
Now come the plaintiff, by its attorney, but the defendants Horace D Brady and George J Brady, although duly called come not, and the defendants John Brooks and Frederick W Heitteman, although duly summoned and called, come not but make default, wherefore the petition herein is taken against them 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 that the defendants are indebted to the plaintiff in the sum of two hundred and twenty seven dollars and seventy seven cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and also its costs herein expended and have execution therefor.
**Charles Knapp, Henry Carter and Jno W Butler vs 392 Walter E Sell and Thomas Sheppard**
On note.
Now come the plaintiffs, by their attorney, but the defendants although duly summoned and called come not but make default, wherefore the petition herein is taken against them as confessed; and the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of eighteen hundred and thirty four dollars and three cents. It is therefore considered by the court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and their costs herein expended and have execution therefor.
**The State of Missouri to use of Francis Lamblin vs 18 Thomas H McNicker et al**
The plaintiff having failed to file security for costs within the time allowed him as to do, therefore, on motion of the defendants, by their attorney, it is ordered that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**Henry A Homeyer et al vs 557 Adolphus Dentelmoser**
Continued generally on affidavit of the plaintiffs.
**Charles W Anderson vs 453 Freeman Little**
Amended answer filed by leaver. Agreement filed.
---
**Viewer Page 629** (rcdbook1858_28_0628.jpg)
> Handwritten Page Number on Record Book: 625
Court met pursuant to adjournment. Present as before.
**John G Human et al vs Henry J Cuniffe et al**
Motion for a new trial filed.
**Providence Tool Co vs 620 Paul Reinhard et al garns of Henry M Woodward**
By consent the garnishee, Peter Galleys, Thomas Walravens, Isaac Stock and William Porter, and discharged at the plaintiffs costs and five dollars are allowed each of them for answering.
**Benjamin J Adams and Eli M Bruce vs Henry Ames and Edgar Ames**
Order for Delivery.
The plaintiffs file a petition and also an affidavit according to law, claiming the possession of certain personal property therein described; wherefore it is ordered by the Court that the defendants deliver the property in said affidavit specified to the Sheriff of St Louis County and said Sheriff is hereby directed if said property be not delivered to him to take it from the defendants and deliver it to the plaintiffs.
**Grace L Barnes vs Henry M Barnes**
Petition for a divorce filed.
**Thomas Mashall vs Henry W Williams**
Confession of Judgment.
Now comes the plaintiff and files his petition against the defendant, and thereupon comes James M Hughes, in behalf of said defendant, and by virtue of a warrant of attorney, for that purpose executed by the defendant and now produced in open Court and duly proved, waived the issue and service of process and acknowledge that the defendant is indebted to the plaintiff in the sum of eighteen hundred and forty one dollars, in manner and form as the plaintiff in his said petition alledged and consented that judgment. may be rendered in favor of the plaintiff for that sum. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as confessed and also his costs herein expended and have execution therefor. Judgment to bear ten percent interest.
---
**Viewer Page 630** (rcdbook1858_28_0629.jpg)
> Handwritten Page Number on Record Book: 626
Court met pursuant to adjournment. Present as before.
**Providence Tool Co vs 620 Paul Reinhard etal garns of Henry M Woodward**
By consent the garnishees, Thomas Adamson, Daniel Williamson, Walter M Smallwood and Garrot Tucker and discharge and five dollars allowed each for answering and the garnishee Samuel of Drysdale is discharge and ten dollars allowed him for answering, and the garnishee Jacob Julian is also discharged and five dollars allowed for answering.
**August Lang Kopf. vs 551 Berthold Vennewitz**
On note.
Come the parties, by their attorneys, and the defendant withdraws his answer herein and saying nothing further in bar of the plaintiffs demand the Court, on motion of plaintiff, doth find from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of four hundred and thirty four dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form as found and also his costs herein expended and have execution therefor.
**Jerome R Ward vs 536. Wylls King, Richard Bigelow, George P Doan, William A Doan, Richard H Bigelow, and Charles E King**
Petition.
Now at this day come the parties, by their respective attorneys, and thereupon come also a Jury, to wit; H Cordell, John Vaugher, Thomas Jackson, Samuel Hale, J Gobert, A Peting, Daniel Cardman, Patrick Harney, J Wertell, J E Boerinpold, H Burman, and M Dummond, twelve good and lawful men who being duly elected tried and sworn the issues herein joined well and truly to try, the trial progressed but the plaintiff says he will not further prosecute this action but voluntarily takes a non suit with leave to move to set the same aside. It is therefore considered by the Court that the plaintiff be non suited and that the defendants go hence without day and recover of the plaintiff their costs herein expended and have execution therefor.
**Zachariah W Tinker, George W Tinker, William Smith and John O Withnell vs 583. Anton Jaeger**
Petition.
Now come the plaintiffs, by their attorney, but the defendant although duly called comes not, and no Jury being required this cause is submitted to the Court and the Court having duly heard and considered the same doth find for the plaintiffs and assess their damages at the sum of two hundred and thirty two dollars and ten cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid as assessed and their costs herein expended and have execution therefor.
**Samuel Cupples and Thomas Marston vs Perry Brown**
Order of Delivery.
The plaintiffs file a petition and also an affidavit, according to law, claiming the possession of certain personal property therein described; wherefore it is ordered that the defendant deliver the property in said affidavit specified 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 said plaintiffs.
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**Viewer Page 631** (rcdbook1858_28_0630.jpg)
> Handwritten Page Number on Record Book: 627
**Gustav Guenther vs Louis Rankin et al**
Continued by consent at the plaintiffs costs.
**Gustav Guenther vs Francis Cornet et al**
Continued by consent at the plaintiffs costs.
**Franz J Schilling use &c vs 528 Albert Feger**
Continued as on affidavit at plaintiffs costs.
**Mathias Mentrup vs 580 Peoples Savings Institution of St Louis**
Continued generally.
Court met pursuant to adjournment. Present as before.
**Marine Bank of Chicago vs 483 Richard J Tunstall and Richard Holme**
Plaintiff, by its attorneys, acknowledge to have received full and entire satisfaction of the judgment rendered herein on the thirty first of May cast past.
**Martin Boyse vs 497 James Moore etal**
The parties file an agreement herein.
**Nancy Edmondson now Link vs 289 Francis B Edmondson etal**
The plaintiff, by her attorney, files a motion for an execution herein and the Court having duly heard and considered the same doth order that an execution issue for the amount due on the seventeenth day of May last past as prayed for in said motion.
**Peter Lindell vs 261 James Patherson etal**
Continued.
**Louis G Picot etal vs 260 Jas Patherson etal**
Continued.
**Jacob Berlin vs 629 Jos A Eddy etal**
Continued.
**Picot Knob Iron Co vs 599 St Louis J M R R Co garns**
Continued.
**Geo P Fein vs 614 A Dentelmoser garns**
Continued.
**Providence Tool Co vs 620 Paul Reinhar &c garns**
Continued.
---
**Viewer Page 632** (rcdbook1858_28_0631.jpg)
> Handwritten Page Number on Record Book: 628
**Richard R Field etal vs 720 Henry F Cross etal**
Now comes Leverett Bell, the receiver herein and files his final report which being seen heard and fully understood is confirmed; and on motion of the plaintiffs, by their attorney, it is ordered by the Court that ten percent on the amount collected be allowed said Receiver for his services, and that said Receiver after paying the costs herein and the amount allowed him pay the balance to the plaintiffs, and that on filing receipts therefor he be discharged from his trust.
**The State of Missouri use of Jas J M Bride vs 573. William B Watson etal**
The defendants demurer to the petition being heard and fully considered by the Court it is ordered that the same be overruled. Ten days is given the defendants to answer herein.
**John Garrison et al vs 578. William A Bassett etal**
Continued on affidavit at defendants costs.
**Ann E Barnhurst vs 135 Samuel Barnhurst**
Now comes the plaintiff, by her attorney, and files proof satisfactory to the Court that the order of publication made herein at the last term has been published according to law.
Court met pursuant to adjournment. Present as before.
**Eli M Seago vs 188 Joseph Kerns**
On motion of plaintiff it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**State use of Michael Werk et al vs 533 David Anderson et al**
Continued generally as on affidavit of defendants for absence of witness Chalmers.
**Henry F Given et al vs Jno B S Lemoine**
Depositions for plaintiffs opened and filed.
**Jno Webster et al vs 495. Jacob Cammonn et al**
Depositions for defendants opened and filed.
**In the matter of the assignment of Joseph Steinacker**
Affidavit of assignees as to final disposition of Sunday accounts filed.
**Henry Clamorgan et al vs 454 Isaac J Greene**
The defendant files an affidavit and moves the Court for a continuance herein, which being heard and fully understood is overruled.
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**Viewer Page 633** (rcdbook1858_28_0632.jpg)
> Handwritten Page Number on Record Book: 629
**John S Thompson administrator of Charles H Saltmarsh vs 136 William E Saltmarsh**
Now comes the plaintiff, by his attorney, and withdraws his motion for a new trial herein.
**Robert J Wilde and John F Seaman vs 173. Meyer Goldsoll**
Order of Sale.
Michael S Cerre, Esq, Sheriff of St Louis County, comes and files a statement from which it appears that the property attached herein will be attended with great loss and expense before the probable termination of this suit; wherefore it is ordered by the Court that the said Sheriff sell said property according to law and make report of his proceedings herein on or before the first day of the next term of this Court.
**Henry F Burrowes, Levis A Burrowes and Egbert S Richards vs 174 Meyer Goldsoll**
Order of sale.
Michael S Cerre, Esq, Sheriff of St Louis County, comes and files a statement from which it appears that the keeping of the property herein will be attended with great loss and expense before the probable termination of this suit; wherefore it is ordered by the Court that the said Sheriff sell said property according to law and make are port of his proceedings herein on or before the first day of the next term of this Court.
**The State of Missouri which was to the use of James Castello vs 546 William J Kennedy, John Doyle, and Bernard Crickard**
Petition.
Now come the parties, by their respective attorneys, and also a Jury, to wit; Harrison Cardwell, Caspar Peets, George W Davis, J R Lake, M Donnelly, James McGiff, Jacob Thies, William Idecker, Edward McKale, B Noaker, and George C Bailey, eleven good and lawful men who being duly elected tried and sworn the issues herein joined well and truly to try the trial progressed but not being finished is laid until to morrow morning.
**James F Glenn vs Charles H Saltmarsh et al**
Now at this day come the parties, 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 order that this cause be referred back to the Commissioners, John Y Page and Jonathan Jones, to as certain and report, if possible, who received the nett gains of the Steam boat Dresden reported by them to have been earned.
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**Viewer Page 634** (rcdbook1858_28_0633.jpg)
> Handwritten Page Number on Record Book: 630
Court met pursuant to adjournment. Present as before.
**In the matter of Isham Davis**
Now comes Isham Davis, by his attorneys, and files a petition, which being seen heard and fully considered, it is ordered by the Court that Isham Davis, the above named petitioner, be allowed to see in this Court for his freedom on giving security satisfactory to the Clerk for all costs that may be adjudged against him; and it is further ordered that the said petitioner have reasonable liberty to attend his counsel and the Court as occasion may require and that he be not removed out of the jurisdiction of the Court and be not subject to any security on account of his application for freedom: and it appearing to the Court that the said petitioner is about to be removed out of the jurisdiction of this Court, it is further ordered that a warrant issue herein to the Sheriff of St Louis County according to the statute in such case made and provided returnable on the eleventh instant.
**In the matter of Anne Davis**
Now comes Anne Davis, by her attorneys, and files a petition, which being seen heard and fully considered, it is ordered by the Court that the Anne Davis, the above named petitioner, be allowed to see in this Court for here freedom on giving security satisfactory to the Clerk for all costs that may be adjudged against her; and it is further that the said petitioner have reasonable liberty to attend his counsel and the court as occasion may require, that she be not removed, out of the jurisdiction of the Court and be not subject to any security on account of her application for freedom; and it appearing to the Court from said petition that the said petitioner is about to be removed out of jurisdiction of this Court, it is further ordered that a warrant issue to the Sheriff of St Louis County, according to the Statute in such case made and provided, returnable on the eleventh instant.
Sandford B Kellogg, who is personally known to the Court acknowledges the execution of a deed of emancipation to his slave Louis aged about twenty years of dark color.
**The State of Missouri which sues to the use of James Castello vs 546. William Kennedy, John Doyle, and Bernard Crickard**
Now come again the parties by their respective attorneys, and also the Jury empannelled and sworn herein, except J R Lake, and thereupon by consent of parties the trial progressed with the remaining ten Jurors, and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiff and assess his damages at the sum of nine hundred and thirty one dollars and thirty three cents. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid inform aforesaid as assessed and also his costs herein expended and have execution therefor. The defendants filed motion for a new trial herein.
**Frederick Buschman Vs Joseph Magehan**
Now comes the plaintiff and acknowledge to have received full and entire satisfaction of the judgment herein rendered.
**William P Fenn vs 592 Francis Dudgales admr**
Exhibit filed.
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**Viewer Page 635** (rcdbook1858_28_0634.jpg)
> Handwritten Page Number on Record Book: 631
**Benson G Conner vs 865 James B Goff garnishee of Benjamin H P Butler**
Appointment of Receiver.
On motion of the plaintiff, by his attorney, it is ordered by the Court that Asai S Jones be and he is appointed Receiver herein to receive settle and collect the notes and evidence of debt mentioned in the answer of said garnishee.
**Henry Clamorgan and Cyprian Clamorgan vs 454 Isaac J Greene**
Petition.
Now come the parties, by their respective attorneys, and also a Jury, to wit; Alexander McCurdy, Thomas Jackson, Samuel Hale, J E Courtnay, Joseph Gobert, Daniel Cardman, A Peting, J Greave, C Haitwig, J E Boernpold, William Gregory and Hilly Burman, twelve good and lawful men, who being duly elected tried and sworn the issues herein joined well and truly to try the tried progressed and being finished the Jury retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
**Roger C M Allister vs Ellsworth Miller**
Motion to set aside judgment and recall execution and affidavits of Frances Burk and Isaac J Wise in support thereof filed.
**The Bank of the State of Missouri vs Addison G Bragg, Oliver J Bragg, Gerhard H Timmerman, and William Palm and Michael Burrowes.**
Now comes the plaintiff by its attorney, and acknowledges to have received full and entire satisfaction of the judgment rendered herein for the sum of twenty seven hundred and seventy five dollars and twenty two cents, on the ninteenth day of April eighteen hundred and fifty eight.
**Bank of the State of Missouri vs Addison G Bragg, Oliver J Bragg, Gerhard H Timmerman and Michael Burrowes**
Now comes the plaintiff, by its attorney, and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the nineteenth day of April eighteen hundred and fifty eight for the sum of thirteen hundred and thirty nine dollars and thirty cents.
**George W Cline et al vs Samuel S Brainard and Solomon H Robbins**
William C Jamison, one of the plaintiffs, acknowledges that the plaintiffs have received full and entire satisfaction of the judgment rendered herein on the 1st of December, 1857.
**Henry Briesmeyer vs 284 Jas Kaufer**
Motion for security for costs filed.
**State use of C F Burnes vs 548 Louis Rower et al**
Continued.
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**Viewer Page 636** (rcdbook1858_28_0635.jpg)
> Handwritten Page Number on Record Book: 632
Michel S Cerre, Esq, Sheriff of St Louis Country, in open Court acknowledges the execution of a deed by him as Sheriff in favor of Henry Dausch for all the right title, interest claim, estate and property of Nicholas Dausch of in and to the following described real estate situate in the Country of St Louis, State of Missouri, t wit; a lot of ground situated in Blow and La Beaume Addition to the City of St Louis, and being lot number five (5) in the Western half of block number one (1) of said addition, a plat of which is on file in the Recorders office of the Country of St Louis and bounded as follows; on the West by Carondelet Avenue, twenty eight and a half feet, and on the West by and alley, and on the South by Victor street, it being the same lot acquired by said Nicholas Dausch from Francis Saler and wife as appears by deed dated 30th November, 1858, and Recorded in the Office of the Recorder of Land Titles in book vs 217 pages 287 and 288: Gold by virtue of an execution issued from the Office of the Clerk of the St Louis Circuit in favor of Augustus W Louis against said Nicholas Daush returnable to the September Term 1859 of said Crish.
**William P Fenn vs Bridget Dugdale Administrative of Francis Dugdale**
Appeal from Probate Court.
Now come the parties, by their respective attorneys, and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find that the defendant is indebted to the plaintiff in the sum of three hundred and eighty three dollars and twenty nine cents. It is therefore considered by the Court that the plaintiff recover for the estate of Francis Dugdale in the hands of Bridget Dugdale his administratrix, the sum aforesaid in form aforesaid as found and also his costs herein expended and that a copy of this judgment be certified to the St Louis probate Court.
**Charles Richardson vs 456 Miles G Moies et al**
The motion of the defendant, Woodward, for a new trial herein being heard and fully considered by the Court it is ordered that the said motion be overruled; thereupon the said defendant, Woodward, files a bill of exceptions and an affidavit for an appeal herein, wherefore it is ordered that an appeal be allowed him to the Supreme Court from the judgment herein rendered.
**The State of Missouri to the use of Eleanor Davis vs 576 Henry N Hart and Louis Winkelmeier**
On Bond.
Now come the parties, by their respective attorneys, and also a Jury, to wit; Harrison Cordell, Ins Vaughn, Caspar Peetz, F Dinzs, Martin Drummond, Geo W Davis, M Donnelly, Jacob Thies, William Idecker, Edward McKale, George C Bailey, and B Noaker, 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 finished the Jury retire to consider of their verdict.
**Henry Clamorgan and Cyprian Clamorgan vs Isaac J Greene**
Petition.
Now come again the parties, by their respective attorneys, and also come the Jury empanelled and sworn herein, and being agreed upon a verdict upon their oaths find for the plaintiffs and assess their damages at the sum of six thousand one hundred and twenty dollars, It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid in form aforesaid as assessed and their costs herein expended and have execution therefore Motion for a new trial and motion in a next of judgment filed.
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**Viewer Page 637** (rcdbook1858_28_0636.jpg)
> Handwritten Page Number on Record Book: 633
Court met pursuant to adjournment. Present as before.
**The State of Missouri to the use of Eleanor Davis vs 576 Henry N Hart and Louis Winkelmeier**
Petition.
Now come again the parties, by their respective attorneys, and also come the Jury empanelled and sworn herein and being agreed upon a restrict find for the plaintiff and assess the damages at the sum of four hundred and fifty dollars. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid as assessed and also her costs herein expended and have execution therefore. Motion to set aside verdict and for a new trial filed.
**Martin G Noyes et al vs 290 Ahling and Affs**
On motion of the plaintiffs, by their attorney, it is ordered that this causes be dismissed at their costs and that execution issue therefore.
**In the matter of Isam Davis**
Now at this day come the said petitioner and the said respondents, by their respective attorneys, and the said respondents failing and refusing to enter into a recognizance as required by law, it is ordered by the Court that the Sheriff take possession of the said Is[l ?]am Davis, the petitioner, and hire him out to the best advantage from time to time during the pendency of his suit for freedom, and that the said Sheriff take a bond from the herein payable to the State of Missouri in the penalty of fifteen hundred dollars with such security as said Sheriff shall approve, the bond so taken to be conditioned as required by law.
**In the matter of Anne Davis**
Now at this day come the said petitioner and the respondents, by their respetive attorneys, and the said respondents failing and refusing to enter into a recognizance as required by law, it is ordered by the Court that the Sheriff take possession of the said Anne Davis, the petitioner, and hirer her out to the best advantage from time to time during the pendency of her suit for freedom, and that the Sheriff take a bond from the hirer payable to the State of Missouri in the penalty of fifteen hundred dollars with such security as said Sheriff shall approve, the bond so taken to be conditioned as the law requires.
**Edward P Jesson vs 597 Henry Bulte garnishee of the Terre Haute Alton and St Louis Rail Road Company.**
Garnishment.
Now come the plaintiff and the said garnishee by their respective attorneys, and submit the motion for judgment on the answer for said garnishee to the Court and the Court having duly heard and considered the same doth order that said motion be sustained, and the Court finds from said answer that the said garnishee at the time he was summoned herein as such was indebted to the defendant in the sum of seven hundred and twenty two dollars and sixty three cents. It is therefore considered by the Court that the plaintiff recover of the said garnishee the sum aforesaid in form aforesaid and also his costs herein expended and have execution therefore, and that out of said [dissem the appon ?] the costs as well of the original suit as in this suit expended. The sum of ten dollars is allowed said garnishee for answering herein to be taxed as costs.
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**Viewer Page 638** (rcdbook1858_28_0637.jpg)
> Handwritten Page Number on Record Book: 634
**George W Brackett vs 598 Henry Bulte garnishee of the Terre Haute Alton and St Louis Rail Road Company**
Garnishment.
Now come the plaintiff and the said garnishee, by their respective attorneys, and submit the plaintiffs motion for judgment on the answer of said Garnishee to the Court having duly heard and considered the same doth order that said motion be sustained; and the Court finds from the answer of said garnishee that at the time he was summoned herein as such he was indebted to the defendant the sum of one hundred and eighty dollars. It is therefore considered by the Court that the plaintiff recover of the said garnishee the sum aforesaid in form aforesaid as found and have execution therefore and that out of said sum he pay the costs as well of the original suit as this proceeding The sum of ten dollars is allowed said garnishee to be taxed as costs.
**Charles F Hodzle vs 233 Henry Boernstein et al**
On motion of the defendants, by their attorney, leave is given them to add an additional reason to their motion for a new trial herein, which is accordingly done.
**William P Fenn vs Francis Dugdalis admr**
Motion for a new trial filed.
Court met pursuant to adjournment. Present as before.
**State of Mo use of Haydon vs 246 Joel W Norcross et al**
Depositions for plaintiffs opened and filed.
**Theron Barnum and Josiah Fogg vs 376 Washington F Adams**
On note.
Now come the plaintiffs, by their attorney, but the defendant although duly called comes not; and the plaintiffs waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find that the defendant is indebted to the plaintiffs in the sum of four hundred and thirty one dollars and seventy cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as formed and also their costs herein expended and have execution therefore.
**William J Norris vs 216 James Prices & William Wood**
Order for Delivery. The plaintiff files a petition and an affidavit according to law; claiming the possession of certain personal property therein described; wherefore it is ordered by the Court that the defendants deliever the property specified in said affidavit to the Sheriff of St Louis Country, and said Sheriff is hereby directed if said property be not delivered to him to take it from the defendants and deliver it to the plaintiff.
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**Viewer Page 639** (rcdbook1858_28_0638.jpg)
> Handwritten Page Number on Record Book: 635
**Eugene Miltenberger vs 415 Henry Wiebling**
Ejectment.
Now comes the plaintiff, by his attorney, but the defendant although duly summoned and called comes not but make default, wherefore on motion of the plaintiff, the petition herein is taken against the said defendant as confessed; and no Jury being required the Court doth assess the damages sustained by the plaintiff by reason of the premises in his petition mentioned at the sum of one cent. It is therefore considered by the Court that the plaintiff recover of the defendant the possession of the premises described in the petition as follows; to wit; the undivided interest of one tenth part of the following portion of a tract of land of forty arpens lying in the City and Country of St Louis known as the common field in the St Louis prairie confirmed to Luettes reprepresentatives and served by the United States by Survey no 7479, to wit; that portion of said recovery commencing at a point where the West time of Eighteenth sheet intersects the North line of said survey, runs thence West eight claims and fifty links along North line, thence fourth at night angles to said North line one hundred and ninety two feet six inches to the South line of said Survey, thence East along said South line to the West line of eighteenth sheet, thence North along said West line to the beginning, together with the damages aforesaid in for aforesaid as assessed and his costs herein expended and have writ of possession therefore.
F C Sharp, Esq, announces to the Court the death of James S Thomas, Esq, late a member of this Bar and on his motion it is ordered by the Court that the following resolutions passed at a meeting held by the members of the St Louis Bar on the tenth instant, be spread upon the records of the Court of this day:
Whereas, In the dispensation of an all wise Providence, our highly esteemed friend and professional brother, Judge James S Thomas, has by the hand of death, been removed from among us, and from the access of his useful ness in our midst, we, his late associates, having met to bear tribute to his memory, do
Resolve, that in the death of Judge Thomas, the bar has lost a highly useful and worthy member, the community a valued and upright citizen; and we, who had daily inter course with him, bear testimony to his many noble and excellent qualities, which distinguished him in all his relations in life.
2. That in the professional career a four departed friend, he was distinguished by his frank honorable and upright conduct-always fair and courteous in his practice and manner. That he was governed by the highest principles of moral integrity, and thus has left an example worthy of invitation by those assess who survive him.
3. That, although we feel deeply the lap of our friend, yet are cannot but remember that his bereaved and stricken family most keenly feel the lop of him who bore to them the more tender relations of husband and father, ever discharging those duties with kindness and affection and we, hereby, tender to them our condolence and sympathy in this their sad bereavement.
**Wake Briarly vs David R Risley**
On award of arbitrators.
Now come the parties, by their respective attorneys, and the plaintiff files an award of arbitrators, and moves the Court to confirm said award, and, after hearing the argument of council, it appearing to the Court that certain matters in controversy between the plaintiff and defendant were submitted to Sydenham R Clark and Thomas Ratcliffe, as arbitrators, with the power to select a third person to act in conjunction with them and that they selected John W Clark, and that the said arbitrators, after being duly sworn, proceeded to hear and decide the matters in controversy and having duly heard and considered the same, determined and awarded that the said David R Risley pay to the said Wake Briarly the sum of six hundred and forty five dollars and ninety six cents, it is therefore ordered by the Court that the award of said arbitrators be confirmed.
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**Viewer Page 640** (rcdbook1858_28_0639.jpg)
> Handwritten Page Number on Record Book: 636
It is therefore considered by the Court that the plaintiff recover of the defendant the said sum of six hundred and forty five dollars and ninety six cents as awarded by said arbitrators and also his costs herein expended and have execution therefore.
**James J Kelly vs Thomas L Salisbury garnishee of William Salisbury.**
Garnishment.
Now come the plaintiff and the garnishee, by their respective attorneys, and also come a Jury to wit; James Sanders, Leon Block, George Bowman, Frederick Wolf, D Sheppard, William Gahl, George Bert, F V P Fister, Henry Drucker, C Hoffman, Charles Declercy, and William Curtain, 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 finished this cause is submitted to the Jury and they retire to consider of their verdict.
**Joshua Tevis, William P Scotland John C Tevis vs 567 Heyman Levin**
On note.
Now come the plaintiffs, by their attorney, but the defendant although called comes not; and the plaintiffs warning a Jury submit this cause to the Court and the Court having duly heard and considered the same doth find that the defendant is indebted to the plaintiffs in the sum of nineteen hundred and forty six dollars and twenty eight cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debit aforesaid in form aforesaid as found and also their costs herein expended and have execution therfor.
**Taylor Hubbell et al vs Morris D Myers**
Motion and notice of motion for a new bond filed.
Court met pursuant to adjournment. present as before.
**The State of Missouri use of James N Morrison et al vs 358 Michael S Cerre et al**
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor.
**Roger C M Allister vs 499. Ellsworth Miller and Francis Burker**
The Court having duly heard and considered the motion of Frances Burke to set aside the judgment herein and recall the execution issued, and also the affidavits in support thereof, doth order that the said motion be sustained, and that the judgment rendered herein on the fourteenth of March last be set aside and the execution herein be recalled.
**Theron Barnum et al vs 376 Washington F Adams**
Motion for a new trial filed.
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**Viewer Page 641** (rcdbook1858_28_0640.jpg)
> Handwritten Page Number on Record Book: 637
**John J Anderson et al vs 192 George Wood**
Ordered that an alias summons issue herein.
**The State of Missouri to the use of William W Haydon. vs 246 Joel W Norcross, Irwin S Smith, and William D Sedgwick**
On Bond.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; James Sanders, Frederick Wolf, D Sheppard, William Gahl, J V P Fister, C Hoffman, William Bast, J W Menge, George Trott, John Warren, William Walker, and Paul Dejarley, twelve good and lawful men, who being duly elected trial and sworn the issues herein joined well and truly to try the trial progressed but not being finished is laid over until to morrow morning.
**James J Kelly vs 610 Thomas L Salisbury garnishee of William Salisbury**
Garnishment.
Now come again the parties, by their respective attorneys, and the Jury empanelled and sworn herein also come and being agreed upon a verdict upon their oaths find for the defendant. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf against the said garnishee but that the said garnishee go hence without day and recover of said plaintiff his costs herein expended and have thereof execution. The Court allows the said garnishee the sum of one hundred dollars for his trouble and expense herein to be taxed as costs. The plaintiff files a motion for a new trial herein.
Court met pursuant to adjournment. Present as before.
**In the matter of Ann Biddle Estate**
On motion of John O Fallon, Execution, by his attorney, it is ordered by the Court that the appellant, Louis G Picot trustee under the will of said An Biddle, exhibit and file his exceptions to the settlement of the said executor the appeal in the cause shall be dismissed.
**Ohio and Mississippi Rail Road Company vs 894 William M M Pherson**
Petition.
Now come the parties, by their respective attorneys, and waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find the issues herein joined in favor of the plaintiff and that the defendant is indebted to the plaintiff in the sum of sixteen hundred and forty six dollars and seventy two cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as found and also its herein expended and have execution therefor. The defendant files a motion for a new trial herein.
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**Viewer Page 642** (rcdbook1858_28_0641.jpg)
> Handwritten Page Number on Record Book: 638
**Thomas H West vs 657 George O Atherton**
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by affidavit where by he confesses himself indebted to the plaintiff in the sum of four hundred dollars and consents that judgment may be rendered against him for that sum. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as confessed and also his costs herein expended and have execution therefor.
**Thomas S Page vs 337 Albert Becker**
The defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled; thereupon the said defendant files a bill of exception herein.
**Louis C Garnier vs 427 City Bank of St Louis**
On motion of the plaintiff, it is ordered that this cause be dismissed at his costs and that execution issue therefor.
**Louis C Garnier vs 596 John Simonds, Luther M Kennett, and George B Sanderson garns of the City Bank of St Louis**
On motion of the plaintiff, it is ordered that the said garnishees be discharged at his costs and that execution issue therefor.
**Silvers vs Steam Boat Melnotte**
On motion of the defendant, by its attorney, it is ordered by the Court that a Commission issue to the State of Pennsylvania to take depositions to be used on the trial of this Case before Justice Waite.
**David Briarby vs David R Risley**
Motion to set aside judgment filed.
**Percival Platt vs 10 William Bevard**
Motion to dismiss filed.
**Charles Kirk vs Hannah Kirk**
Order Publication.
The plaintiff files a petition and also an affidavit from which it appears that the defendant is a non resident of the State of Missouri, thereupon in motion of the plaintiff, by his attorney, it is ordered by the Court that the defendant be notified that a civil action has been commenced against her to obtain a decrce of divorce from her on the grounds of desertion and adultery and that unless she be and appear at the next term of this Court to the begun and held at the City of St Louis within and for the County of St Louis on the last Monday of September next and on or before the sixth day thereof, plead to the plaintiffs petition the same will be taken against her as confessed; It is further ordered that a copy hereof be published according to law in the Missouri Democrat a newspaper printed and published in the City of St Louis.
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**Viewer Page 643** (rcdbook1858_28_0642.jpg)
> Handwritten Page Number on Record Book: 639
**Merchants Mutual Insurance Company vs Davis**
Now comes Isaac T Wise and enters his appearance as counsel of record for the defendant in this cause. Said appearance filed.
**The State of Missouri to the use of William W Haydon. vs 246 Joel W Norcross, Chwin Z Smith, and William D Sedgwick**
Petition on Bond.
Now come again the parties, by their respective attorneys, and also the Jury empanelled and sworn herein and thereupon the trial progressed but not being finished is laid over until to morrow morning.
Court met pursuant to adjournment. Present as before.
**Malcom Turner et al vs William Hussinger**
Deposition for the plaintiffs opened and filed.
**Samuel Stilwell vs Joseph Hyman et al**
The defendant, William T Hollister, files a motion to set aside the judgment herein and also and affidavit an support thereof.
**Samuel Stilwell vs Joseph Hyman et al**
The defendant, William T Hollister, files a motion to set aside the judgment herein and also and affidavit an support thereof.
**Joseph Newman vs 604 James Mierson**
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at as costs and that execution issue therefor.
**The State of Missouri to the use of Eleanor Davis vs 576 Henry N Hart and Louis Winkelmeier**
Now comes the plaintiff, by her attorney, and remits of the judgment herein rendered the sum of two hundred dollars.
**The State of Missouri to the use of William W Haydon vs 246 Joel M Norcross, Irwin Z Smith, and William D Sedgwick.**
On Bond.
Now come again the parties, by their respective attorneys, and also the Jury empannelled and sworn herein the trial progressed and being finished the Jury retire to consider of their verdict.
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**Viewer Page 644** (rcdbook1858_28_0643.jpg)
> Handwritten Page Number on Record Book: 640
**Daniel L Ross, Chancy Y Dempster and John Falconer vs Daniel D Page and Henry D Bacon**
Confession.
Now come the plaintiffs, by their attorney, and file a petition herein and the defendants, in person, also come and file a statement duly verified by affidavit where by they admit the statements contained in said petition to be true and consent that judgment may be rendered herein favor of the plaintiffs and against the defendants for the sum of twenty five hundred and seventy [six ?] dollars and fort five cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum aforesaid in form as confessed and also their costs herein expended and have execution therefor. Judgment to bear interest at the rate of one per cent per month from this date until paid.
**Kenneth Mackenzie vs Pierre Chouteau**
Satisfaction.
Now comes the plaintiff, in person, and acknowledges to have received full and entire satisfaction of the judgment herein render on the ninth of June 1853, which acknowledgement of satisfaction is filed.
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**Viewer Page 645** (rcdbook1858_28_0644.jpg)
> Handwritten Page Number on Record Book: Unknown
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> Handwritten Page Number on Record Book: Unknown
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> Handwritten Page Number on Record Book: Unknown
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> Handwritten Page Number on Record Book: Unknown
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> Handwritten Page Number on Record Book: Unknown
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**Viewer Page 650** (rcdbook1858_28_0649.jpg)
> Handwritten Page Number on Record Book: Unknown
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> Handwritten Page Number on Record Book: Unknown
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> Handwritten Page Number on Record Book: Unknown
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> Handwritten Page Number on Record Book: Unknown
RECORD 28 1858 TO 1859 CIRCUIT COURT - Extent
- 653 pgs
St. Louis Circuit Court, “Circuit Court Record Book 28: 1858 to 1859”, 1858-1859, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/65817