Circuit Court Record Book 29: 1859 to 1860
Item
St. Louis Circuit Court, “Circuit Court Record Book 29: 1859 to 1860”, 1859-1860, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/65818
- Title
- Circuit Court Record Book 29: 1859 to 1860
- Creator
- St. Louis Circuit Court
- Date
- 1859-1860
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- Identifier
- rcd1859.0029.494
- PDF Download
- Download PDF of all images
- Transcription
-
# Record 29 1859 to 1860
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**February Term 1859. continued from Record Book No 28.**
Court met pursuant to adjournment. Present as before.
**Thomas S Page vs 337 Albert Becker**
Now comes the defendant, by his attorney, and files an affidavit and [prays ?] the Court for an appeal herein; wherefore, it is ordered that an appeal be allowed the defendant to the Supreme Court from the judgment herein rendered; thereupon the said defendant files an appeal bond with himself, as principal, and John B Carson and Edward Haren, as securities, which bond is approved by the Court.
**Henry Knaus etal vs 537 Charles S Coxe etal**
The defendants demurrer to the petition herein being heard and fully considered by the Court it is ordered that the same be sustained.
**James C Jones vs Henry C Lynch etal**
Assignment of judgment to Thomas Marshall filed.
**Greenfield Sluder & Co vs Henry C Lynch**
Assignment of judgment to Thomas Marshall filed.
**Greenfield Sluder & Co vs Henry C Lynch etal**
Assignment of judgment to Thomas Marshall filed.
**M L Hobart vs Lynch**
Assignment of judgment to Thomas Marshall filed.
**Joseph Farrell vs Henry C Lynch**
Assignment of judgment to Thomas Marshall filed.
**James Shea vs Henry C Lynch [etal ?]**
Assignment of judgment to Thomas Marshall filed.
**Joseph Farrell etal vs George W Lynch etal**
Assignment of judgment to Thomas Marshall filed.
**Robert Daugherty vs George W Lynch etal**
Assignment of judgment to Thomas Marshall filed.
**Matthew Park vs Henry C Lynch**
Assignment of judgment to Thomas Marshall filed.
**William F Stacy Geo W Lynch etal**
Assignment of judgment to Thomas Marshall filed.
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> Handwritten Page Number on Record Book: 2
**Joseph Farrell vs George W Lynch etal**
Assignment of judgment to Thomas Marshall filed.
**William F Stacy vs Henry C Lynch**
Assignment of judgment to Thomas Marshall filed.
**Joseph Farrell vs Philip D Gordon etal**
Assignment of judgment to Thomas Marshall filed.
**Joseph Farrell vs George W Lynch etal**
Assignment of judgment to Thomas Marshall filed.
**Henry Lut vs 114 George Buttner**
Order of Publication.
The plaintiff having filed a petition and also an affidavit from 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 that the said defendant be notified that a civil action has been commenced against him for the sum of five hundred and twenty five dollars and interest on account of money loaned and advanced by the plaintiff to the defendant and four promissory notes executed by the defendant to the plaintiff and which the plaintiff alleges are lost, 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 plead to the action aforesaid, according to law, the plaintiffs petition will be taken against him as confessed. It is further ordered that a copy hereof be published, according to law, in the Anzeiger des Westens, a newspaper printed and published in the City of St Louis.
**Francis M Paul etal vs 294. The St Louis Alton and Chicago Rail Road 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 State of Missouri to the use of William H Newman and Edward Franks vs 535 Albert Pearce, John J Roe and Moiles Sells.**
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 thereupon the trial progressed but the plaintiffs say they will not further prosecute their suit in this behalf but voluntarily take a nonsuit. It is therefore considered by the Court that the plaintiffs take nothing by their suit in this behalf but that the said defendants go hence without day and recover of the said plaintiffs their costs herein expended and have execution therefor.
**John H Thaler vs 289. Wilhelm Simsheuser**
The plaintiffs motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
**Abijah Whiting etal vs 8 Nathan W Jones**
The defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
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> Handwritten Page Number on Record Book: 3
**Tallmadge Stevens vs 523 Charles Buchard**
The defendants motion to strike out the reply to the counterclaim herein being heard and fully considered by the Court it is ordered that the same be overruled.
**The State of Missouri to the use of William W Haydon vs Joel W Norcross, Irwin Z Smith and William D Sedgwick**
On Bond.
Now come again the parties, by their respective attorney, and also come the Jury, empanneled and sworn herein, and being agreed upon a verdict, upon their oaths, find for the plaintiff and assess his damages at the sum of five hundred and thirty [one ?] dollars. It is therefore considered by the Court that the plaintiff recover of the defendants the damage aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**William C Wilson vs 823 The 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.
**George Pomeroy etal vs 328 Joshua H Alexander etal**
On consideration of the plaintiffs and the defendants motion for a new trial herein it is ordered that the same be sustained, and that a new trial be had herein and the judgment herein set aside.
**Henry M Buckner etal vs Fredk A Schmucker etal**
Motion for judgment on answer filed.
**Thomas Mears and Edward S. Menager vs 277 William Crane**
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 will be attended with great loss and expence before the probable termination of this suit; therefore it is ordered that the 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.
**#269,40. Jonathan Jones vs 579 William A Nelson and William C Martin**
On note.
Now come the parties, by their respective attorneys, and warning 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 two hundred and sixty nine dollars and forty 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 therefore. Motion for a new trial file by defendants.
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> Handwritten Page Number on Record Book: 4
**State use of W W Haydon vs 246 Joel W Norcross etal**
Motion for a new trial filed.
**In the matter of Ann Biddle estate**
Louis G Picot, in compliance with the order heretofore made herein, files exceptions to the settlements of the Executor herein, and thereupon the said Executor, John O Fallen, files a motion to strike out said exceptions.
**William M Lyon vs 530 Oliver A Hart**
Motion to strike out answer and for judgment filed.
**George Pomeroy etal vs 328 Joshua H Alexander etal**
Moto vacate order granting a new trial filed.
**Jane Doyle vs John Doyle**
The parties file a stipulation herein.
**Rupell vs Bennett**
Dedimus awarded plaintiff to take deportions in Territory of New Mexico.
**Taylor Nubbeell & Co vs Morris D Meyers**
The Court having duly heard and considered the motion for a new bond herein and being thereof fully advised doth overrule the same.
**James Waugh vs 514 Leon J Papin etal**
On motion of the plaintiff, by his attorney, it is ordered by the Court that Leon Papin be appointed guardian ad litem of James C Waugh, William W Waugh and Robert F Waugh; thereupon the said Papin file his concert to act as such guardian ad litem and files an answer herein.
**John Grether vs 118 William B Watson**
The plaintiffs motion to set aside the non suit herein and for a new trial is on consideration by the Court sustained. It is therefore considered by the Court that a new trial be had herein.
**Samuel S Douglas etal vs 207 Jno B Grady etal**
The defendants withdraw their motion to set side the judgment herein.
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> Handwritten Page Number on Record Book: 5
**#92,20 per month #25000 for council fee. Jane Doyle vs John Doyle**
Now come the plaintiff and the defendant, John Doyle, by William V N Bay, his attorney, and submit the plaintiffs application for an allowance for temporary support and maintenance and for an allowance to retain counsel to prosecute her suit and the Court having duly heard and considered the same doth order that the said application be sustained; and in accordance with the stipulation filed herein the Court doth order that the defendant pay to the plaintiff, or her agent appointed under her hand, for the temporary support and maintenance of herself and two daughters, Mary Ann and Jane, the children of the defendant, the sum of ninety two dollars and twenty cents on the twenty fifth of the present month and on the twenty fifth of each and every month thereafter until the further order of this Court: and the Court, after hearing the proof offered by the parties, doth further order that the said defendant pay to the plaintiff, or her agent appointed under her hand, or to Samuel J Glover for her on the twenty fifth of this month, the sum of two hundred and fifty dollars, for the purpose of retaining counsel to prosecute her suit for divorce; and it is also ordered that the said John Doyle file a bond with good and sufficient securities for the payment of the sums aforesaid, forthwith. Leave is given the parties to apply to the Court for any modification of this decree, which may be deemed necessary.
**The State of Missouri to the use of William W Haydon vs 231 Irwin Z Smith 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.
**The State of Missouri to the use of William W Haydon vs 232 Irwin Z Smith 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.
**State of Missouri to use of Julius Voelker vs 431 John H Ganhart etal**
The plaintiffs motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
**William McDonald etal vs 27 Charles Chambers**
The defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
**Theron Bamum etal vs 376 Washington J Adams**
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 and also 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 in the sum of one thousand dollars with himself, as principal, and Charles D Colman, Peter E Bland and Henry Stagg, as securities, which bond is approved by the Court.
**Percival S Drown etal vs 311 Francis Lancaster Sr**
The defendant withdraws his motion for a new trial herein.
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> Handwritten Page Number on Record Book: 6
**James G Human etal vs 320 Henry I Cuniffe 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; thereupon the said defendants file a bill of exceptions, and 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 they thereupon file an appeal bond in the sum of eight thousand nine hundred dollars, with William S McKnight, as principal, and Marinus W Warne and James W Richardson, as securities, which bond is approved the Court.
**Lucian H Fuller vs 118 George Smizer**
The defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
**Daniel Wolf vs 42 W M Flaherty**
The defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
**Samuel H Gardner vs 803. David H Armstrong**
The defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled; and the defendants motion in arrest of judgment being heard and fully considered by the Court it is ordered that the same be overruled.
**Peter Rasweiler vs 517 Philip Seiler**
On motion of the plaintiffs by his attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefor.
**Joshua W Owings vs 81 James J M Bride etal**
The motion of the defendants, Jecko and MacDonald, [apores ?] due consideration by the Court is overruled.
**Stephen Haskell etal vs 296 Joseph L Papin etal**
The plaintiffs motion to set aside the non suit herein being heard and fully considered by the Court it is ordered that the same be overruled.
**#105,00 Edward P Jesson vs 597 John S Thompson 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 herein to Court having duly heard and considered the said motion doth sustain the same; and it appearing to the Court that the said garnishee at the time he was summoned herein as such was indebted to the defendant in the sum of two hundred and fifty dollars and that the plaintiff has obtained judgment against the defendant for the sum of twelve hundred and seventy five dollars and twenty one cents, and that George W Brackett has also obtained judgment against the defendant for the sum of two hundred and twenty eight dollars and seventy five cents, therefore, on motion of the plaintiff, it is considered by the Court that the plaintiff recover of the said garnishee the sum of one hundred and five dollars and have execution therefore, and that out of said sum he pay the costs of this proceeding. The Court allows the said garnishee the sum of twenty five dollars for answering herein to be taxed as costs. By consent of parties it is ordered by the Court that the issue of execution herein be stayed for the term of six months.
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**#135,00 George W Brackett vs 598 John S Thompson garnishee of the Terre Haute Alton and St Louis Rail Road Company.**
Garnishment.
Now come the plaintiff and the garnishee, by their respecctive attorneys, and submit to the Court the motion for judgment on the answer herein and the Court having duly heard and considered the same doth sustain the said motion; and it appearing to the Court that the said garnishee at the time he was summoned herein as such was indebted to the defendant in the sum of two hundred and and fifty dollars and that the plaintiff obtained a judgment against the defendant for the sum of two hundred and twenty eight dollars and seventy five cents, and that Edward P Tesson has also obtained judgment against the defendant for the sum of twelve hundred and seventy five dollars and twenty one cents, therfore, on motion of the plaintiff, it is considered by the Court that the plaintiff recover of the said garnishee the sum of one hundred and thirty five dollars and have execution therefor, and that out of said sum he pay the costs of this proceeding. The sum of twenty five dollars is allowed said garnishee for answering herein. By consent of parties it is ordered by the Court that the issue of execution herein be stayed for the period of six months.
**#166,02. Percival S Drown and Charles Clinton vs 609 Samuel K Hutchinson garnishee of Francis Lancaster Sr**
Garnishment.
Now come the plaintiffs, by their attorney, and move the Court for judgment upon the answer of 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 defendant in the sum of two hundred and ninety five dollars and fifty cents and it further apearing to the Court that the amount of the judgment of the plaintiffs against the defendant with interest thereon to the present date is the sum of one hundred and twenty dollars and seventy two cents and that the costs as well of the original suit as of this proceeding together with the sum of ten dollars, which is allowed for answering, amount to the sum of forty four dollars and thirty cents, therefore it is considered by the Court that the plaintiff recover of the said garnishee the sum of one hundred and sixty six dollars and two cents and have execution therefor.
**Geroge W Thatcher vs 144 Solomon Smith 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.
**In the matter of the assignment of Joseph Powell and John C Powell**
On Petition of D A January and others.
Now come the parties, by their attorneys, and submit the application for an order on the assignee to appoint a new day for the hearing and allowance of demands not allowed on the former day and to give notice thereof to creditors, according to the statute, and the Court having duly heard and considered the said application and also the affidavits in support thereof, doth order that the same be overruled.
**Phillip G Ferguson vs Adolphus Meier etal**
The Court having duly heard and considered the application for an injunction herein doth refuse the same.
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> Handwritten Page Number on Record Book: 8
Court met pursuant to adjournment. Present as before.
**Julius H Smith vs James D Houseman**
Motion for an attachment against the defendant filed.
**Grace L Barnes vs Henry M Barnes**
Now come the plaintiff and the defendant, by Wiel Wright, his attorney, and submit to the Court the plaintiffs application for alimony pendente lite and for the purpose of defraying the expences of her suit for divorce and for the employment of counsel to prosecute the same, and the Court having duly heard and cosidered the same and also the petition of the plaintiff heretofore filed, doth order that the defendant pay to the plaintiff, or her agent appointed under her own hand, for the temporary support of herself and child the sum of six hundred dollar per annum payable in equal monthly instalments of fifty dollars each on the first Monday of each and every month commencing on the first Monday of July next, until the further order of this Court, and that on the first Monday of July next, he pay over to the Clerk of this Court the sum of twenty five dollars to defray the expenses of her suit and pay over to Samuel F Glover, plaintiffs attorney, the sum of two hundred and fifty dollars for counsel fees, one hundred to be paid on the first Monday of July next and the residue of said two hundred and fifty dollars to be paid on determination of the suit for divorce. Leave is given the parties to apply to the Court for any modification of this order as they may deem necessary.
**New Albany Insurance Company vs William Dyer etal garns**
The motion of the plaintiff for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
**National Insurance Company vs William Dwyer etal garns**
The plaintiff motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
**John A Smith vs William Dwyer etal garns**
The plaintiffs motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
**Samuel Montgomery vs William Dwyer etal garns**
The plaintiffs motion for a new herein being heard and fully considered by the Court it is ordered that the same be overruled.
**Samuel H Gardner vs 803. David H Armstrong**
The defendant files a bill of exceptions and also 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 he thereupon files an appeal bond which is approved by the Court.
**Philip G Ferguson vs 734 Lucinda R Townsend etal**
The motion of said plaintiff an order on the Sheriff to pay to him the sum of one hundred and twenty five dollars is, on consideration by the Court overruled; and it is ordered that said Sheriff apply said sum to the payment of an execution issued from this Court in favor of Ichabod Washburn against said Lucinda R Townsend.
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> Handwritten Page Number on Record Book: 9
**In the matter of the assignment of Joseph Bowell and John C Powell**
The assignee files the certified claims of Henning and Woodruff, Bowker and Edwards, Wm H Numan & Co, Jno J Anderson Co, Moloney & Bro and Goss Mc Ginnis & Co.
**Abijah Whiting vs 8 Natham W Jones**
Bill of Exceptions filed.
**Joseph Farrell vs Henry C Lynch etal**
Assignment of judgment filed.
**George W Thatcher vs 144 Solomon Smith etal**
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 which is approved by the Court.
**Charles F Hoelzle vs 233. Henry Bounstein 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.
**William H Vanderslein vs 327 John A M Elroy**
The plaintiffs motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be sustained and that a new trial be had herein.
John A Brounlee, who is personally known to the Court acknowledges the execution of a deed of emancipation to his slaves Jane aged twenty six and her child Charles aged between three and four years.
**In the matter of from Ann Biddles Estate**
The motion of John O Fallon Executor, to strike out the exceptions of Louis G Picot, the objector, being heard and fully considered by the Court is ordered that the said motion be overruled.
**Jerome R Ward vs 536 Wyllys King etal**
The verbal motion to set aside the non suit herein being heard and fully considered by the Court it is ordered that the same be overruled.
**Julia Ann Coover vs 86 Martin C Walker etal**
The defendants motion for a new trial herein being heard and fully considered by the Court it is considered that the same be overruled.
**State of Mouse of Jas Castello vs 546 William J Kennedy etal**
The defendants motion for a new trial herein being being heard and fully considered by the Court it is ordered that the same be overruled.
**Septimus Lovering vs 717 John Sigerson**
The plaintiffs motion to retain the costs herein being fully considered by the Court it is ordered that the same be overruled.
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> Handwritten Page Number on Record Book: 10
**Henry C Warren vs 38 Cornlius H Junison and Theodore F Junison**
Judgment on forthcoming Bond.
Now comes the plaintiff by his attorney, and submits to the Court his motion for judgment against Cornelius N Junison and Samuel Knox the obligors in the forthcoming bond taken by the Sheriff in this course: and it appearing to the Court that the Sheriff on the fifth day of April, eighteen hundred and fifty eight, took a forthcoming bond for the property attached executed by Cornelius N Junior, as principal, and Samuel Knox as security, according to law, and that the plaintiff on the tenth day of December, eighteen hundred and fifty eight recovered judgment against the defendants for the sum of seventeen hundred and twenty two dollars and fifty five cents, 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 heretofore made herein the Sheriff duly assigned said forthcoming bond to the plaintiff, and that the amount due upon said execution is seventeen hundred and forty nine dollars and eighty cents, and that the value of the property for the forthcoming of which said bond was given is greater in value than the amount due upon said execution, and that the amount due with interest thereon and twenty per damages upon the value is twenty two hundred and ten dollars and seventy two cents, and that the judgment against the defendants bears ten per cent interest, therefore it is considered by the Court that the plaintiff recover of Cornelius N Junison and Samuel Knox, the oblijors in said forthcoming bond, the sum of twenty two hundred and ten dollars and seventy two cents, together with interest thereon at the rate of ten per cent per annum from this date, and also his costs herein expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
**The Callaway Mining and Manufacturing Company vs 393 George W Clark etal**
The plaintiff by its attorney, remits of the judgment herein resolved the sum of two hundred and ten dollars; and 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; and the court having also duly heard and considered the defendants motion for arrest of judgment and being thereof fully advised doth order that the same be overruled.
**Sarah Witherell etal vs 333. Horace R Patterson 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.
**Henry Buesmeyer vs 284 Joseph Karfer**
The defendants motion for security for costs is, on consideration by the Court sustained: until first of the next term of this Court is given the plaintiff to file security for costs herein.
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**Viewer Page 19** (rcdbook1859_29_0018.jpg)
> Handwritten Page Number on Record Book: 11
**Ohio and Mipipippi Rail Road Company vs 894 William M McPherson**
The defendants motion for a new trial herein being heard and fully considered by the Court, it is ordered that the same be overruled; therepon the said defendant file an affidavit for an appeal herein wherefore an appeal is allowed him to the Supreme Court from the judgement herein ordered and he file an appeal bond is the sum of thirty five hundred dollars, with himself as principal, and John R Sheply and Barton Bates, as securities, which bond is approved by the Court.
**Wake Briarly vs David R Risley**
The defendat motion to set aside the judgment herein being heard and fully considered by the Court, it is ordered that the same be overruled.
**Jonathan Jones vs William A Nelson 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.
**The State of Missouri to the use of William W Haydon vs 231 Irwin Z Smith etal**
The defendant file a bill of exception and also an affidavit for an appeal, wherefore it is ordered that an appeal be allowed them to the Supreme Court from the judgment herein ordered, and they thereupon file an appeal bond in the sum off one thousand dollars, with themselves, as principals, and John H Rankin and George P Strong, as securities, which bond is approved by the Court.
**The State of Missouri to the use of William W Haydon vs 232 Irwin Z Smith etal**
The defendants file a bill of exceptions and also an affidavit for an appeal huin, wherefore it is ordered that an appeal be allowed them to the Supreme Court from the judgement herein ordered, and they thereupon file an appeal bond, in the sum of eight hundred and twenty dollars, with William D Sedgwick and Irwin Z Smith, as principals, and Charles C Whittelsey and John R Shepley, as securities, which bond is approved by the Court.
**The State of Missouri to the use of William W Haydon vs 246 Joel W Norcross 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; and the defendants file a bill of exceptions and also an affidavit for an appeal, wherefore, an appeal is allowed them to the Supreme Court from the judgment herein rendered, and they thereupon file an appeal bond, in the sum of the eleven hundred dollars, with themselves, as principals, and Alexander Hamilton and Melvin L Gray, as securities, which bond is approved by the Court.
**Louis C Garnier vs 134 The City Bank of St Louis 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.
**State of Missouri use of James McBride vs 573 Wm B Watson etal**
Answer filed by coment of parties.
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**Viewer Page 20** (rcdbook1859_29_0019.jpg)
> Handwritten Page Number on Record Book: 12
**Henry Clamorgan etal vs 454 Isaac J Greene**
The defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled; and the defendants motion in arrest of judgment being also heard and fully considered by the Court it is ordered that the same be overruled.
**Samuel Stillwell vs Joseph Hyman and William J Hollister**
The defendant, Hollister's motion to set aside the judgment herein being heard and fully considered by the Court it is ordered that the same be sustained; and on motion of the plaintiff, by his attorney, it is ordered by the Court that a Summons issue herein for the defendant Hollister returnable to the next term of this Court.
**Samuel Stillwell vs Joseph Hyman and William J Hollister**
The motion of the defendant, Hollister, to set aside the judgment herein being heard and fully considered by the Court it is ordered that the same be sustained; and on motion of the plaintiff, by his attorney, it is ordered by the Court that a summons issue herein for said defendant, Hollister, returnable to the next term of this Court.
**James J Kelly vs 610 Thomas L Salisbury garnishee of William Salisbury**
The plaintiffs 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 Joshua H Alexander etal**
The plaintiffs motion to vacate the order granting a new trial herein being heard and fully considered by the Court it is ordered that the said motion be sustained and that said order be set aside annuled and vacated, and the judgment rendered herein be, in all respects, reinstated.
**George Pomeroy et al vs 328 Joshua H Alexander et al**
The motions of the plaintiffs and defendants for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
**William P Fenn vs 592 Bridget Dugdale administration of Francis Dugdale**
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, by her attorney, files a bill of exceptions and also an affidavit for an appeal herein, wherefore an appeal is allowed her to the Supreme Court from the judgment herein rendered.
**John Reeves vs 459 William Fulton**
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 sustained.
**The State of Missouri to the use of Cleanor Davis vs 576 Henry N Hart etal**
The defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be sustained and that a new trial be had herein.
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**Viewer Page 21** (rcdbook1859_29_0020.jpg)
> Handwritten Page Number on Record Book: 13
**Charles S Hempstead vs 58 John D Wilson administrator of the Estate of Thomas Hempstead and John Biddle**
Petition.
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; First, that on the seventh day of June, eighteen hundred and twenty three, a judgment was rendered in favor of the United States against Thomas Hempstead and Charles S Hempstead, the complainant herein, for the sum of thirteen thousand four hundred and ninety seven dollars and twenty seven cents, on the official bond of said Thomas Hempstead, wherein said Thomas Hempstead was principal, and said Charles S Hempstead as security: Second, that said John Biddle obtained the control and ownership of said judgment with power to release the same: Third, that said Thomas Hempstead died and left one child only, a daughter, his sole heir, Cornelia V Hempstead: Fourth, that said John Biddle on the seventh day of December, eighteen hundred and forty nine for good and sufficient considerations, one of which was the withdrawal and dismissal of certain suits that had been instituted by the hier of Thomas Hempstead against said Biddle and others, and the conveyance by the heir of Thomas Hempstead to Biddle of two certain tracts of land, the subject of said suit, released by instrument of writing the heirs, executions and administrators of Thomas Hempstead from said judgment, except so far as it might be necessary to use it for the protection of the title to the land which Biddle obtained by said conveyance from said heir: Fifth, That said release was never entered of record but was kept by the agent of said John D Wilson; that said John D Wilson was advised by counsel and believed that the paper called a release was no release at all, and acted upon such hypothesis: Sixth, That said judgment was kept a foot in fraud of the complaint in this cause; Seventh, That in the year eighteen hundred and forty eight, said defendant John D Wilson married the said Cornelia V Hempstead, the said sole heir of said Thomas Hempstead. Eight, That in June eighteen hundred and fifty, letters of administration were granted to defendant Wilson by the Probate Court in and for the County of St Louis, State of Missouri, upon the estate of Thomas Hempstead. Ninth, That in the month of March, eighteen hundred and fifty one, the said judgment aginst said Thomas and Charles Hempstead was received in favor of the United States to the use of said Biddle, fraudulently. Tenth, That said judgment as revived was presented in the Probate Court for allowance by the said Biddle, the same was fraudulently procured to be allowed and was allowed on the fifteenth day of June, eighteen hundred hundred and fifty two, to the amount of thirty four thousand seven hundred and seventy two dollars and thirty four cents, and placed in the fourth class of claims allowed against the estate of Thomas Hempstead in fraud of the plaintiffs rights: Eleventh, That at the March Term, eighteen hundred and fifty two, of said Probate Court a claim was allowed by said Court in favor of this complainant Charles S Hempstead, against the estate of Thomas Hempstead amounting to ten thousand two hundred and forty four dollars and sixty seven cents, for moneys paid by this complainant upon the aforesaid judgment against said Thomas Hempstead and this complainant, and the said claim so allowed was placed in the fifth class of claims allowed against said estate of Thomas Hempstead: Twelfth, That no other claims have been allowed against nor are any other debts owing by said estate than the said judgments and allowances: Thirteenth, That property to a large amount belonging to said estate of Thomas Hempstead came into the hands of said John D Wilson as administrator as aforesaid of said estate: Fourteenth, That said Wilson as administrator as aforesaid procured an order from the said Probate Court to sell real estate belonging to the estate of said Thomas Hempstead and that at the December Term, eighteen hundred and fifty two, of said Probate Court, in pursuance of said order he sold such property and recovered therefor the sum of Seven thousand six hundred and thirty dollars and that at the September Term, eighteen hundred and fifty five of said Probate Court, said Wilson sold the property belonging to said estate for which he received the sum of nine hundred and fifty seven dollars: Fifteenth, That nothing has ever been paid upon said judgment allowed in favor of said Biddle, by said administrator of said estate: Sixteenth, That at the March Term,
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eighteen hundred and fifty seven of said Probate Court said defendant, Nilson, made a final settlement of his administration of the estate of said Thomas Hempstead and that there remains in his hands seven thousand four hundred and ten dollars and fifty five cents, assetts of said estate, of which sum seven hundred and seventy two dollars are the proceeds of sale of lands excepted in said instrument of release from the operation of said release. Seventeenth, That there remains in the hands of the administrator, John D Nilson assetts of the estate of Thomas Hempstead the sum of six thousand six hundred and thirty eight dollars and fifty five cents, independent and exclusive of the proceeds of sale of said one by forty arpents of land and said one by five arpents of land spoken of and excepted in said share: Eighteenth, That the said Probate Court at the time of said final settlement ordered said Nilson to pay over said assetts of said estate of Thomas Hempstead to the creditors of said estate whose claims had been placed in the fourth class of claims allowed against said estate: Nineteenth, that said judgment allowed agianst the estate in favor of said Biddle is the only claim allowed in said fourth class and is much more than enough to exhaust all the assetts of the estate: Wherefore, it is ordered adjudged and decreed by the Court that the order made by the Probate Court in and for the County of St Louis directing said John D Nilson, administrator of the estate of said Thomas Hempstead to pay to the creditors whose claims allowed are placed in the fourth class the assetts in his hands, be annulled, set aside aside and revoked, except the payment of seven hundred and seventy two dollars: and it is further ordered adjudged and decreed that the judgment of thirty four thousand seven hundred and seventy two dollars and fifty four cents allowed in favor of John Biddle in the Probate Court in and for the County of St Louis against the estate of Thomas Hempstead and placed in the fourth class of claims allowed against said estate be postponed to the claim allowed against said estate in favor of Charles S Hempstead placed in the fifth class and that the said Nilson be restrained from paying over any of the assetts remaining and found in his hands at the time of said final settlement to said John Biddle except said seven hundred and seventy two dollars: and it is further ordered adjudged and decreed that said Nilson pay the said sum of six thousand six hundred and thirty eight dollars and fifty five cents in payment of said claim and allowance of said Charles S Hampstead the complainant in this cause, so far as the same will go and that the complainant have execution for the same and his costs. Motions for a review and in arrest filed.
James Castelle, Esq, late Sheriff of St Louis County, in open Court acknowledge the execution of a deed by him as such sheriff in favor of Robert J Edmonson for all the night, title, interest, claim, estate and property of Francis S B Edmondson, Robert H Edmonson, Lucinda R Edmonson, Benjamin Edmonson, Mary Edmonson, Elizabeth Edmonson, and Charles Edmonson of, in, and to the following described premises situated in the County of St Louis, towit; beginning at a stake in the Western line of United States Survey No 168 and 34 chains 30 links North 82° 15´ West from the North East corner of said survey No 168, thence South 7° West along the central line of a road 40 feet wide 49 chains 8 links to a stone, thence South 82° 75´ East along the central line of said road 5´ chains 42 links, to a post from which an elm tree 14 inches in diameter bears south 45¼° East 123 links, thence along the central line of said road south 7¾° West 18 chains 88 links to a post from which an elm tree bears North 83½° East 59½ links, thence North 82¾° West 30 chains 60 links to a post, the North West corner of Charles Achley 50 acres, thence North 7½° East 67 chains 96 links to an old cedar post in the Northern line of servey 168, thence along the Northern line of said survey South 82° 15´ East 24 chains 95 links to the place of begining containing 180 acres and 84 hundredths, and being part of United States survey 166, 167, 400, 408, 401, 407, and 168 Town 46 North Range 6 East, bounded North by fractional Section 8, East by John Davis and Joseph Lakeman, South by Charles Ashby, and West by Thos Yosty and Thos G Thompson, said tract of land lying and situate in S Ferdinand Township, St Louis County Missouri: sold by virtue of an order of sale made by the St Louis Land Court in a certain cause wherein Francis S B Edmonson is plaintiff and Robert H Edmonson, Lucinda R Edmonson, Benjamin Edmonson, Mary Edmonson, Elizabeth Edmonson and Charles Edmonson and defendants.
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**Henry S Parker etal vs 441 William Wade etal**
The motion of the defendant, Eliza G Frost, being heard and fully considered by the Court it is ordered that the same be sustained and that the judgment rendered herein be set aside and a new trial had herein. On motion of the plaintiffs, by their attorney, until the first day of the next term of this Court is given them to amend their petition.
**William H Donald etal vs 27 Charles Chambers**
Bill of Exceptions filed.
**In the matter of the assignment of Powell and Company**
Bill of Exceptions filed.
**Francis H Luthercord vs 221 C [Dumanes ?]**
The defendants motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be overruled.
Court met pursuant to adjournment. Present as before.
Legrand F Perce, is on motion admitted and enrolled as a member of this Bar.
**Mary Henessey vs 245 William Henessey**
Order of Publication.
The plaintiff files a petition and also an affidavit according to law from which it appears that the defendant is a non resident of the State of Missouri, therefore on motion of the 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 from the bonds of martimony contracted with him by the plaintiff on the ground of desertion and also for the restoration of her maiden name, and that unless he be and appear at the next term of this Court to be begun and held at the City of St Louis on the last Monday of September next and on or before the sixth day there of plead to the petition herein the same will be taken against him as confessed. This 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 F Hoelzle vs 233. Henrey Bournstein etal**
The parties file a stipulation herein and in accordance there with thirty days from this date is given the defendants to file a bill of exceptions herein; and the defendants file an affidavit for an appeal herein wherefore an appeal is allowed them to the Supreme Court from the judgment herein rendered, and they thereupon file an appeal bond with James C Moody as principal and Josiah Thornburgh and Robert Barth as securities, which bond is approved by the Court.
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**Julia Ann Coover vs 86 Morten C Walker etal**
The defendants file a bill of exceptions and also an affidavit for an appeal herein, whereupon and appeal is allowed them to the Supreme Court from the judgment herein rendered, and they thereupon file an appeal bond in the sum of eleven thousand dollars, with James Moore, as principal, and Charles W Jownsley, Edward A Damon and Anderson Arnot, as securities, which bond is approved by the Court.
**William M Donald etal vs 27 Charles Chambers**
The defendant files an affidavit for an appeal, wherefore an appeal is allowed him to the Supreme Court from the judgment herein rendered and he thereupon files an appeal bond which is approved by the Court.
**George Pomeroy etal vs 328 Joshua H Alexander etal**
Bill of Exceptions filed by plaintiffs.
**Isaac C Cable etal vs 85 Samuel Gaty etal**
On motion of the plaintiffs, by their attorney it is orderd by the Court that this cause be referred to William H Osborn, who to directed to hear the proofs adduced before him, and to report to the Court with all convenient with all convenient speed, what was the amount of the captial stock of the St Louis Marine Railway and Dock Company actually paid in on the seventeenth day of August, eighteen hundred and fifty one; what was the amount of the debits of said Company on said day; what was the amount of the capital stock of said Company actually paid in on the twenty third day of November, eighteen hundred and fifty three; and what was the amount of the debts of said Company on said last named day:- And it is further ordered that said referee have access to all the books and papers of said Company in order to enable him to report herein.
**Ges H Fox vs 498 Ameo H Ray**
Alias Summons ordered to issue herein.
**George Pomeroy, William H Benton Jr, and George H Chase vs 328 Joshua H Alexander, Daniel Hancock William Chappell, Robert M Renick Alexander Peterson Jr**
On Bills of Exchange.
It is ordered by the Court that the orders made on the twenty second day of June eighteen hundred and fifty nine of this term in this cause as to the judgement against the defendants be vacated and set aside, and the Court proceeding to render in the cause such judgment as is right and proper doth consider that the said plaintiffs do recover against the said Joshua H Alexander, Daniel J Hancock and William H Chappell the sum of nine thousand and sixty four dollars and fifty cents, being the amount of each of said bills of exchange in the petition described together with ten per cent damages and interest, and that the said plaintiffs do recover against said Robert M Renick and Alexander Peterson Jr so much of said bills of exchange as will be equal to five thousand dollars and ten per cent damages and interest thereon from the third day of October eighteen hundred and fifty seven, to this date, being the sum of six thousand and sixty seven dollars and forty three cents, together with their costs herein expended and have execution therefor.
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**James J Kelly vs 610 Thomas L Saliabury garnishee of William Salisbury**
The plaintiff motion to retax the costs herrein being heard and fully considered by the Court it is ordered that the same be overruled.
**Henry Knaus etal vs 537 Charles S Coxe etal**
On motion of the plaintiff, by their attorney, thirty days is given them to amend.
**Julius H Smith vs 143. James D Houseman**
The Court having duly heard and considered the plaintiff motion for an attachment against the defendant doth order that an attachment issue against the defendant for failing to obey the order of injuction herein, in accordance with the said application.
**Henry Hitchcock vs 564 Ezral O English etal**
The defendants motion to set aside the judgment herein is, on consideration, by the Court, overruled.
**Charles S Hempstead vs 58 John D Wilson admr etal**
The defendant Biddle files a motion for a review, which being sum heard and fully considered by the Court, it is ordered that the same be overruled; and the motion of the defendant, Wilson, for a review herein and also his motion in arrest of judgment being heard and fully considered by the Court it is ordered that the said motion be overruled.
**State of Missouri vs Stephen H [Houses ?]**
Judgment of the Supreme Court on motion to stay execution of sentence filed.
**Callaway Mining and Manufacturing Company vs 393. George W Clark etal**
Bill of Exception filed.
**Henry Clamorgan etal vs Isaac J Greene**
Bill of Exception filed.
**Ohio and Mississippi RailRoad Company vs William M McPherson**
Bill of Exception filed.
**Sarah Witherell etal vs 333 Horace R Patterson etal**
Bill of Exception filed.
**George W Thatcher vs Solomon Smith etal**
Bill of Exception filed.
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**Catharine A Noonan vs 205 John H Jeghe and Thomas Fox**
The defendants' motion for a new trial herein being heard and fully considered by the Court it is ordered that the same be sustained and the judgment herein rendered be set aside and a new trial had herein.
**The State of Missouri to use of Isaac W Mitchell vs Fredirick W Meister etal**
On motion of the plaintiff, by his attorney, leave is given him to retake the depositions of Robert H and Samuel L Campbell.
**George B Sanderson vs 437 A William Streit etal**
The plaintiff motion to set aside the non suit herein being heard and fully considered by the Court it is ordered that the same be overruled. Bill of Exception filed.
**George P Fein vs 614 Adolphus Dentelmoser garns.**
Denial of Answer filed.
**Roger C M Allister vs 499 Ellsworth Miller etal**
On motion of the plaintiff, by his attorney, it is ordered that a summons issue herein for Frances Burk returnable to the next term of this Court.
Court met pursuant to adjournement. Present as before.
**The Callaway Mining and Manufacturing Company vs 393. George W Clark etal**
The defendants file an affidavit for an appeal whereupon an appeal is allowed them to the Supreme Court from the judgment herein rendered and they thereupon file on appeal bond with George W Clarke, as principal, and Daniel A Clark and Mathias Becker as securities which bond is approved by the Court.
**Sarah Witherill etal vs 333 Horace R Patterson etal**
The defendants file an affidavit for an appeal whereupon an appeal is allowed them to the Supreme Court from the judgment herein rendered and they thereupon file an appeal bond in the sum of six hundred dollar, with Charles P Warner, as principal, and Nicholas Wall and Robert L M Ghee, as securities which bond is approved by the Court.
**In the matter of the assignment of Joseph Powell and John C Powell**
On Petition of D A January and others.
The petitioners file an affidavit for an appeal, wherefore an appeal is allowed them to the Supreme Court from the decision herein rendered.
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**George Lich administrator of Louis Engel deceased vs 76. John L Bernicker and Susan Bernicker his wife**
Petition for Injunction.
Now at this day come the parties by this respective attorneys, and submit to the Court upon the petition answer proofs, and the Court being fully advised of and concerning the said cause doth find the facts to be as follows, towit; that said Louis Engel died in the City of St Louis in October eighteen hundred and fifty two and left the defendant Susan Bernicker his widow and Catharine Engel, Phillipine Engle, Louis Engel, and Louisa Engel his children by his marriage with said defendant Susan, and his lawful distributers and heirs at law; that the defendant intermarried in the year eighteen hundred and fifty seven; that said Louis Engel died entilted to and possessed of the personal property described in the petition being of the value of sixty four dollars and fifty cents; that at the time of his death he was also entitled to and possessed of large amounts of money the amount of which does not appear with exactness from the evidence but exceeds the sum of one thousand dollars; that he also died entitled to and possessed of divers choses in action and of the following described lease hold estate, towit; in John O Fallon's addition to the City of St Louis, in the County of St Louis in Block no 254 fronting ninety eight feet on the North side of Franklin Avenue and running back of that width one hundred feet bounded North by ground leased to Warneke and Mette, East by ground leased to Philip Zimmerman on the South by Franklin Avenue, and on the West by a fifteen feet alley together with all the improvements on the same; that at the time of the death of said Louis Engel, said defendant took into her our possession and control in without any legal authority, all of said personal property, moneys, choses in action and lease hold property and covered the same to her own use; that said leasehold property was held by said Louis Engel at the time of his death under a lease from John O Fallon; expiring December thirty first, eighteen hundred and fifty two, and that lease contained a covenant for a renewal of the same for a renewal of the same for the space of five year longer provided the coverant for the payment of rent and taxes therein reserved, were faithfully kept and performed; that said degendant Suoan, although she had in her hand money of said Louis Engel sufficient is to do, failed to pay to said O Fallon the rent due on the first days of October, eighteen hundred and fifty two and January eighteen hundred and fifty three, during the existence of the term of oresaid; that she not apply for any reneval of said lease, but that on the twelfth day of January, eighteen hundred and fifty three, she induced the said O Fallon to lease and demise the leasehold premises aforesaid to her for the term of twenty year from that date, at the annual rent of give hundred dollars, she paying all taxes and assessments; that said O Fallon executed and delivered to her a lease of said premices dated the day and year last afore said, for the term of twenty years; that said defendant, Suoan after the death of said Louis Engel, up to the time of said learing to her and from that time up to the time of her marriage with said John L Berniker has collected the rent and profit and enjoyed the use of said leasehold cetate and has piad the ground rent and taxes reserved in said lease and also after the twelfth day of January, eighteen hundred and fifty three, paid the ground rent and taxes due in the first day of October eighteen hundred and fifty two and of January, eighteen hundred and fifty three, under said leaseto said Louis Engel, that after obtaining said lease from said O Fallon and before her said marriage with said John L Bernicker she, said Lusan, did assign and convey a portion of said leasehold premices, and received and appropriated to her own use the purchase money and consideration therefor; that since her said marriage wih said John L Bernicker, she, said Suoan, and said John L have jointly collected said rent and profits, and paid said ground rent and taxes up to the date of the institution of this suit; and that said Suoan, after the death of said Louis Engel and before her marriage with said John L Bernicker and that she and said John L since said marriage have used and lent the money belonging to the cotate of said Louis and have received to their own use the interest and profit thereof: and the Court doth further find that the said defendant Susan up to the time of her marrige with said John L Bernicker, and that she and and said John L since that time and up to the time of the institution of this suit have acted
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as executrix and executor of the estate of said Louis Engel, in their own wrong and without any legal authority in all the matters and things abovesaid and that the palintiff George Lich was on the twenty third day of September, eighteen hundred and fifty eight, and is now the sole lawful administrator of the estate of said Louis Engel, deceased therefore the Court doth order adjudge and decreas that the injunction heretofore granted against the said defendants and their agents and servants be made perpetual excepting asto the collection of the rento and profits of the leasehold estate and the use and occupation thereof; that the said defendant do deliver upto said George Lich all choses in action, securities and personal property belonging to the estate of said Louis Engel, and more particularly the note and deed of trust made by Diederich Schumacker so set forth in the pleadings; that Samuel A Bennett be and he is herby appointed a Commissioner to take and state an account of all the money belonging to said estate and the use and profits thereof which have come to the hands of said defendants or either of them and of the rents and profits of the leasehold estate abovesaid up to January first, eighteen hundred and fifty eight, andof any sale, assignment or transfer of any portion of the same which have come to the hands ofsaid defendant or either of them and of any money which defendants or either of them have expended in and about the premises; and said Commissioner shall report the same to the Court with all conveneint speed: and the Court doth further order adjudge and decree that the Receiver, heretofore appointed in this cause, do pay over to said defendants all rents and money which he may have collected by virtue of his receivership and upon such payment shall be discharged. The Court doth also reserve its final decree in this cause until the incoming and approval of the report of said Commissioner.
**Mary Charlotte vs 13. Gabiel & Chouteau**
The Defendat files a bill of exceptions herein and also an affidavit and prays the Court for an appeal, whereupon an appeal is allowed him to the Supreme Court from the judgement herein rendered: and thereupon Gabiel S Chouteau, as principal, and Thomas J Gantt and Peter Fergusonas as securities here in open Court ackknowledge themselves to owe May Charlotte the sum of eight hundred dollars to be levied of their respective goods and chattels lands and tenements, Yet, upon the following conditions, towit; that if the appellant herein will prosecute his appeal with due diligence to a decision in the Supreme Court, and shall perform such judgment so shall be given by the Supreme Court, or such asthe Supreme Court may duict the Circuit Court to give; and if the judgment of such Court, or any part thereof be affirmed, that he will comply with and perform the same so far as it may be affirmed, and will pay all damages and costs which may be awarded against the appillant by the Supreme Court, then this recognigance to be void else of full force and effect.
**Charles & Hempstead vs 55 John D Wilson administrator of Thomas Hempstead etal**
The defendant Biddle files a bill of exceptions herein, and the defendant, Wilson, files a bill of exceptions and also an affidavit for an appeal, wherefore an appeal is allowed him to the Supreme Court from the judgment herein rendered.
**George Pomeroy etal NO 328 Joshua N Alexander etal**
The defendats file a motion to set aside the judgment rendered on the twenty third instant and a motion in arrest of said judgment which being seen heard and fully understood by the Court it is ordered that the said motions and each of them be and the are hereby overruled. Thereupon the defendants file a bill of exceptions herein.
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**David Anderson etal vs 186 Jacob Ringgold & Co**
On motion of the plaintiffs, it is ordered that this cause be dismissed at their costs and that execution issue therefor.
**Francis M Faul etal vs St Louis Alton and Chicago Rail Road Company**
Bill of Exceptions filed.
M D Lewis is, on motion of A W Lewis, admitted and enrolled as a member of this Bar.
**In the matter of the County of St Louis**
The Court and its the accounts of the Commissioners appointed to exammine into the affairs of the Country of St Louis and allows John Simonds and Edward Haren the sum of four hundred and sixty four dollars each and Frederick Hyatt the sum of four hundred and seventy two dollars for their services to this date and orders that the said amounts be certified to the St Louis Country Court for payment.
**Julius H Smith vs 143. James D Houseman**
Now comes the Sheriff of St Louis Country with the writ of attachment issued herein and the body of said defendant, and the said defendant having purged himself of contempt, it is ordered by the Court that he be discharged from custody under said unit upon the payment of the costs thereof.
**In the matter of the assignment of Bartlett M Comb & Company**
On motion of the a assignee herein the Court appoints John H Chidester and D B Gaggers appraisers to appraise the property and effects assigned.
**Felix Coste etal vs The City of St Louis**
Stipulation filed. Bill of Exceptions filed by consent.
**James J Kelly vs 610 Thomas L Salisbury garns**
By consent of parties twenty days is given the plaintiff to file a bill of exceptions herein.
**Eliza S White vs 121 Henry White**
On motion of the plaintiff, by her attorney, it is ordered that this cause be dismissed.
**John M Knight vs Geo W Lynch**
Assignment of judgment to Thos Marshall filed.
**State use of Jas Castello vs 546 Wm J Kennedy etal**
Bill of Exceptions filed.
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Court met persuant of adjournment. Present as before.
**In the matter of the Steamboat Michigan.**
Michael S Cerre Esq, Sheriff of St Louis Country files a statement from which it appears that he has seized the said steamboat under certain warrants issued from this Court and that five days have elapsed and no person has given bond according to law. Therefore it is ordered that said Sheriff 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.
**George Lich administrator of Louis Engel deceased vs 76 John L Bunicker and Susan Bernicker his wife**
Injunction.
Now come the parties by their attorneys, and on motion of the defendants it is ordered by the Court that the entry made herein on the twenty fourth instant be and the same is hereby amended so as to disolve so much of the injuction as restrains the defendants from collecting or receiving the rents and profits of the leasehold property and buildings in the petition and answer mentioned and from in any wise interfering or intermeddling with said leasehold property and buildings or disposing thereof in whole or in part by sublease or otherwise and from occupy the same or any part thereof.
**Joshua N Owings vs 81 James J McBride etal**
The defendants filed bill of exceptions and also an affidavit for an appeal, whereupon an appeal is allowed them to the supreme Court from the judgment herein rendered and they thereupon file an appeal bond in the sum of six hundred dollars with Jas Jecko as principal and Jas J McBride and Jas J McBride and Jasp Marlow as securities which is approved by the Court.
**Peter J Hunck etal vs 787 William Provest etal**
The defendants and the Commissionser Charles K Dickson and George R Taylor file sepearate applications for leave for the Commissioners to withdrawn their report herein, which being seen heard and fully considered by the Court, it is ordered that the same be sustained, and that they have leave to withdrawn said report.
The Court audits and allows an account of Michael S Cerre, Sheriff amounting to the sum of one hundred and ninety three dollars and twenty five cents afort his attendanace for stationary furnished to the Court during the present therein thereof and orders that the same be certified to the Country Court for payment.
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**September Term 1859.**
**State of Missouri vs. Country 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 last Monday of September, being the twenty sixth day of said month, in the year of our Lorde, one thousand eight hundred and fifty nine, were present Honorable Samuel M Breckinridge, Judge, Stephen Rice, Clerk, and Michael S Cerre, Sheriff of St Louis Country.
The Honoroable Samuel M Breckinridge presents a Commission with the oath of office endorsed thereon and orders that the same be entered upon thereand of this day.
The State of Missouri.
To all who shall see these presents, greeting: know ye that it having been certified to me that Samuel M Buckinridge has been duly elected judge of the Circuit Court within and for the Eighth Judicial Circuit now therefore in the name and on behalf of the State of Missouri, I R M Stewart, Governor thereof, do hereby commission him Judge of the Circuit Court within and for the Circuit aforesaid, and authorize and empower him to discharge the duties of said Office according to law.
In testimony whereof, I have hereunto set my hand, and caused to be affixed the Great Seal of the State of Missouri: Done at the City of Jefferson this ninth day of August in the year of our Lord one thousand eight hundred and fifty nine, of the Independence of the United State the eighty fourth, and of the State of Missouri the thirty eighth.
**State of Missouri Country of St Louis**
Be it remembered that on this the eleventh day of August, in the year of our Lord one thousand eight hundred and fifty nine personally appeared before me Samuel M Breckinridge of the Country aforesaid, personally known to me, and made oath as a Judge of the Circuit Court within and for the Eighth Judicial Circuit, he would support the Constitution, of the United States and of the State of Missouri, and faithfully demean himself in said office of judge of said Circuit Court.
Certified the day and year aforesaid. Stephen Rice Clerk St Louis Circuit Court.
On motion, Charles W Buckis admitted and enrolled as a member of this bar.
**William T Woode vs Warren W Tuttle and Warren W Tuttle administrater of the Estate of Nancy Tuttle deceased**
Confession of Judgment.
Now comes the plaintiff, in person, and files the statement of the defendants confessing themselves indebted to the plaintiff in the sum of twenty one hundred and ninty seven dollars and fifty four cents and authorizing the entering up of judment for that amount: therefore it is considered by the Court that the plaintiff recover of the defendants the debt aforesaid as confessed together with interest therein from this date at the rate of ten percent per annum and also his costs herein expended and have execution therefor against the defendant, Warren W Tuttle.
**In the matter of the application of James N Comfort**
Substitution of Trustee.
It appearing to the satisfaction of the Court from the statement of James N Comfort that Reginald N Elliott, trustee in a certain deed of trust executed by Francis Watkins on the second day of January 1851 recorded in the Recorders Office of St Louis Country in book R No 5 page 274 of the records of said Country, has departed this life without having completed the performance of the duties imposed on him by said deed of trust; it is therefore orderd that Michael S Cerre Sheriff of St Louis County be and he is hereby appointed trustee in [his ?] of the said Reginold H Elliott, with the like powers and trusts, according to the statute in such case made and provided.
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**Andrew Park administration of Albon H Glasby. vs 808 William C Taylor**
Now comes the plaintiff, by his attorney, and files a petition herein, and the defendant also comes and files his appearance herein as if personally served with process twenty days before the commencement of the present term: wherefore it is ordered by the Court that this cause be docketed as a return to this term.
**D A January etal vs 599. D Robt Barclay etal**
The defendant Soloman H Robbins files an answer herein.
**Marine Bank of Chicago vs 424 James R Bull**
Answer filed.
**Geo Reading trustee vs 319 Thos H Mc Vicker**
The defendant files an answer herein.
**Andrew Wineland vs 391 Wm Bennett etal**
Answer filed.
**Eugene Mattenberger etal vs 421 Jno N Shalding etal**
Answer filed.
**Chas M Laren vs 490 Jacob Rosenbaum**
Answer filed.
**David F Goodfellow Exrs etal vs 496 Morris Reariden**
The defendant files an answer herein.
**Geo Wambsgaust vs 644 Louis Steller**
Answer filed.
**Geo C Kerk vs 693. Anton Jaeger etal**
Answer of Elizabeth Reis admr of Bartholomew Reis deed filed.
**William B Davis vs 396. Christian Freund**
Motion for security for costs filed.
**James Gorman vs 681 Sam Gaty etal**
Motion for security for costs filed.
**Thomas Mears etal vs 217 William Crane**
Isaac Markley files an interplea herein.
**Thomas L Clarke etal vs A Titus**
On motion of the plaintiffs, by their attorney, leave is given them to file an amended petition and an additional affidavit herein, and they thereupon file the same.
**William S M Knight etal vs John F Boy**
On motion of the plaintiffs, by their attorney, leave is given them to file a property certified copy of the proceedings and judgment on which this suit is founded, and they thereupon file the same.
**Max Ballin vs 666 John C Wicks**
Answer filed.
**Leakin D Baker etal vs Jas O Sawyer garns of Mills**
Interrogatories filed by plaintiffs.
**Brannock Jones vs 344 H C Bull 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.
---
**Viewer Page 33** (rcdbook1859_29_0032.jpg)
> Handwritten Page Number on Record Book: 25
**Louis Rahlmann vs 170 Frederick Rahlmann**
Answer filed.
**Jos A Eddy etal vs 36. Howarde A Livingston etal**
Defendants H M Livingston & Wm Bell file answer herein.
**Edward P Jesson vs 559 William Sensenderfer etal**
On motion of the defendants, by attorney, the time for answering herein is extended six days.
**Martin Kaltenbach vs 806 Gottlob Held etal**
On motion of the defendants, by attorney, the time for answering herein is extended six days.
**Samuel Hamill etal vs 453 William Poo**
Answer filed.
**Chas Collins etal vs 458 Wm Poo**
Answer filed.
**Wm H Naters vs 164 John C Bull**
Answer filed.
**William H Hawkins vs 366 Henry S Caton etal**
The defendant William G Hawkins files an answer herein.
**State use of Clay vs 210 Robt Causse etal**
Answer filed.
**State use of Bassett vs 211 Robt Causse etal**
Answer filed.
**John B Valle vs 348 Jno Dean**
Answer filed.
**Jno B Valle vs 474. M S Cerre**
Answer filed
**Conrad Neunfre vs 483 Henrich Heisner**
Demurrer filed.
**Ernest A Solf vs 742 Henry Schlibaum**
Demurrer filed.
**James J Hogg vs 395 Jno Kinnard etal**
Answer of Jno Kinnard filed.
**Edwin C Sloan vs 96 Jacob Bensberg**
Plea in abatement filed.
**James G Price vs 153. Bart G Leiper etal**
Answer filed.
**Andrew M Alpin etal vs 255 Charles Moarlow**
Motion to dismiss filed.
**W L Catherwood etal vs 239. Julius Busch**
Answer filed.
**Phebe Wiley vs 150 Thomas Wiley**
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.
**Abraham O Brannen etal vs 60 Joseph Jones**
Plea in abatement filed. The judge of this Court being one of the counsel in this cause, it is ordered that the venue be changed to the St Louis Court of common Pleas, and that the Clerk of this court caused to be filed in the Office of the Clerk of said Court all the original papers herein, together with a certified copy of this entry.
---
**Viewer Page 34** (rcdbook1859_29_0033.jpg)
> Handwritten Page Number on Record Book: 26
**Morris Plahto vs 41 Joseph Jones**
The Judge of this Court being of counsel in this cause, it is ordered that the reduce herein 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 the Clerk of said Court all the original papers herein together with a certified copy of the proceedings herein.
**Leakin D Baker etal vs 297 Thaddues K Moills**
Now come the plaintiffs, by their attorney, and file proof satisfactory to the Court that the order of publication made herein in vacation has been duly published according to law.
**John L Ross vs 237 Horatis Clark**
On motion of the plaintiff, by his attorney, leave is given the Sheriff to amende his return on the writ of attachement herein.
**Herman Schroeder vs 190 John N Schaerff**
By consent of parties, it is ordered by the Court that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**Anthony Portington etal vs 503 Charles Marlow**
Motion to compel plaintiffs to consolidate suits filed.
**Peter Eversmann etal vs 756 Charles Marlow**
Motion to compel plaintiffs to consolidatte suits filed.
**Peter Eversmann etal vs 597 Charles Marlow**
Motion to compel plaintiffs to consolidate suits filed.
**Hepsia B Mugle vs 546 Charles Marlow**
Motion to dismiss suit filed.
**Alex Beal etal vs 602 Chas Marlow**
Motion to dismiss suit filed.
**Edward Maddock vs 343 Elson T Wright**
Answer filed. Affidavit for security for costs filed.
**Anthony Portington etal vs 771 Charles Marlow**
Motion to compel plaintiffs to consolidate suits filed.
**Jno J Anderson etal vs 658 Jas A Lee**
Answer filed.
**The Boatmans Savings Inst vs Bank of State of Missouri**
Motion to dismiss suit filed.
**Henry Townsley vs 760 Benj S Compton**
Motion for additional bond filed.
**Ernst C Anglerodt etal vs 404 Theodore Bredow**
Answer filed.
---
**Viewer Page 35** (rcdbook1859_29_0034.jpg)
> Handwritten Page Number on Record Book: 27
**Aaron A Fisher etal vs 353 Cahin H Frederick etal**
Demurrer filed by defendant Frederick.
**Boatmans Savings Institution vs 689 Bank of the State of Missouri**
Motion to dismiss suit filed.
**Thomas [Campbell ?] vs 233 Jos Farrell**
Answer filed.
**Henry Neil vs 805 Charles Marlow**
Motion to dismiss suit filed.
**Cyprian Clamorgan vs 178 Samuel Mordecai**
Answer filed.
**Bryan Cross vs 140 Walter B Carr**
Answer filed.
**Dines Carolin etal vs 588 Michael Gregg**
Answer filed.
**John D Lewis etal vs 206 Michael Gregg**
Answer filed.
**Reiner Buster vs 282 Patrick Keegan**
Answer filed.
**Francis H Schoeder vs 77 Theodore Bredow**
Plea in abatement filed.
**Athens J M Creery etal vs 87 Eugene Papin**
Answer filed.
**Antoine Dohena vs 444 Geo Leach etal**
Answer of H M Woodward filed.
**John F Darby vs 533. John Reilly**
Answer filed.
**Jas F Small etal vs 133. Z Moore**
Answer filed.
**Jos E Elders vs 97 J Bensberg**
Plea in abatement filed.
**Jno H Sparr vs St Louis Athen Chicago RR Co garns of Tenney**
Interrogatories filed.
**Henry Clamorgane vs Jno Loughborough garns of Isaac F Greene**
Interrogatories filed.
**Southern Bank of St Louis vs St Louis Lumbermen & M Insles**
The plaintiff files a petition herein.
**Jeremiah Buckley vs 162 M Beachly's admir**
Answer filed.
**Caroline Myers vs 272 Wm C Maloy etal**
Answer of P H St Cyr admr of Edward Stevens filed.
**Sunderland G Sears etal vs 390 Isaac Gregg**
Plea in abatement filed.
**United State Insles vs Wm P Davis etal**
Answer of Jas O Carson Nicholas Springer filed.
**Geo D Hall vs Ezra O English etal**
Answer of Thomas B Ellis, H B Ellis & Jas B Ellis filed.
**The State of Missouri vs John Mandeville**
Transcript from St Louis Criminal Court filed.
---
**Viewer Page 36** (rcdbook1859_29_0035.jpg)
> Handwritten Page Number on Record Book: 28
**In the matter of the Board of County Commissioners of St Louis County and Henry J Mudd Auditor of the County of St Louis**
Now at this day come the parties, by their attorneys, and the Court being sufficiently advised of and concerning the law a using in this case, as agreed by the parties, and submitted for decision, and having had therefore mature deliberation is of the opinion the law is with the said Henry F Mudd, Auditor of St Louis county, in his refusal to render and give obedience to the said order of the said Board of County commissioners of St Louis County and in his refusal to receive for issue County Warants as set out in said case as agreed. It is therefore considered ordered and a judged that said order of the said Board of County Commissioners of St Louis County so far as the same affects the said Henry J Mudd auditor of said County in the dishcarge of his official duties, and so far as the same requires of him as such auditor to receive and issue and take receipts for the County Warrants, be and the same is hereby annulled and held for nought, and the said Henry J Mudd, Auditor, is hereby discharged from obeying the same.
Court met pursuant to adjournment. Present as before.
**Charles M Cormick vs 207 Henry W Tracy 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.
**John E Blech vs 359 W Frederick Aderhold etal**
Dismissal.
On motion of plaintiff, by attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**Fredk Berby vs 786 Chas Curtis**
By consent until the ninth of Oct is given to answer herein.
**Bro G Falconer etal vs Chas Curtis**
By concert until the nineth of Octr is given to answer herein.
**Henry Townsley vs 751 Job S White**
On motion of defendant, by attorney, until the third of Oct is given him to answer herein.
**Louis V Bogy etal vs 101 Bennett P Voorhies etal**
On motion of the defendant, Voorhies, by attorney, thirty days additional time is given him to answer herein.
---
**Viewer Page 37** (rcdbook1859_29_0036.jpg)
> Handwritten Page Number on Record Book: 29
**Robert H Hodgson etal vs 91 W L F Gage etal**
On motion of the defendants, by their attorney, until the first day of October next is given them to answer herein.
**Abraham Ackerman vs 409 Andrew Krauther etal**
On motion of the defendant, Krauther, by attorney, until the first day of October next is given him to answer herein.
**Elizabeth Dunham vs 314 Hugh Dunham**
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.
**Louis Long vs Louis Newstadh**
Confession of judgment.
Now comes the defendant and files his duly shown statement confessing himself indebted to the plaintiff in the sum of two thousand dollars and authorizing the entering up of judgment for that amount therefore it is considered by the Court that the plaintiff recover of teh defendant the debt aforesaid as confessed and his costs herein expended and have execution therefor.
**John M Kewan vs Edwin A Skeel**
Motion for security for costs filed. The plaintiff files a bond for costs with Samuel H Gardner as secuirty, which is approved.
**Thomas S Smith vs 345 Thomas Sigerson etal**
Answer filed.
**Horatio N Heald vs 425 John Sigerson etal**
Answer filed.
**Chas C Whitetlay vs 415. John Siguson etal**
Answer filed.
**William Sensenderfer etal vs 228 Jno Rokes etal**
The defendant Rokes files an answer herein.
**Joseph Charles etal vs G B Swert and G E Hawley garns of Chicago Ar St L RR Company**
The plaintiff file interrogatories to said garnishees.
**Joseph Charles etal vs G B Sweet and G E Hawley garns of Chicago Ar St L RR Company**
The plaintiff file enterogatories to and garnishees.
**Luther C Clark etal vs Carles S Greeley, A F Shapleigh, Matthew Steitz trustees of State Savings Institution garns of J F Death Co.**
Interrogatories filed.
**Hull Clark etal vs Albert Hertzheter garns of H G Bilstein etal**
Interrogatories filed.
**Charles Blevin etal. vs Albert Hertzteter garns of H G Bilstein etal**
Interrogatories filed.
**Charles M Elleard vs Chas L Hunt etal**
Answer of J N Owings filed.
---
**Viewer Page 38** (rcdbook1859_29_0037.jpg)
> Handwritten Page Number on Record Book: 30
**W E Dill vs 800 Geo N Stewart etal**
Answer filed.
**Jno Whitehill etal vs City of St Louis garns of Kopp**
Motion to discharge garnishee and dismiss proceedings filed.
**Robert Hausse etal vs 157 W A Bassett etal**
Plea in abatement filed
**Jos H Locke vs 545. Dane J Jeweth etal**
Demurrer filed.
**Benj Leiber vs 581 Jas S Carlisle**
Answer filed.
**Geo G Matthews vs 804 Jas Duncan**
Demurrer filed.
**Roger C M Allister vs 252 Ellsworth Millerk**
Answer of Frances Burke filed.
**John L Ross vs 237 Horatio Clark**
Plea in abatement filed.
**Caleb Rice vs 208 Geo W Hungerford**
Answer filed.
**Caleb Rice vs 209 D Robt Barclay**
Answer filed.
**Abraham Roy vs 118 Jas H Morrison etal**
Answer filed by Morrison.
**Jno A Ubsdell etal vs Edwd A Bates & A M Alexander garns**
Interrogatories filed.
**Geo Rogers vs Geo G Presbury garns**
Interrogatories filed.
**Alexander Mosbach vs 281 Jno Kampeter etal**
Answer filed.
**Henry Homan etal vs 450 Anton S Gay etal**
Answer and exhibit filed.
**Geo Kuhl vs 457 Jno Holmes etal**
Answer and Exhibit filed.
**David M Kee vs 482 Chas Boswell**
Answer filed.
**John N Harris vs 649 David H Evans**
Answer and Counter claim filed by defendant.
**Bank of Missouri vs 38 Wm Carson etal**
Demurrer filed by W Carson, R Saffarrans, J P C R Rule and also answer filed by same defendants.
**Hudson E Bridge etal vs 647 Dane J Hancock etal**
Answer of Hancock and Morris filed.
**Wm Hoffmeister vs 439 Jno Lady etal**
Answer filed.
**Jno F Thornton etal vs 499 Lyman L Elliott etal**
Answer of J H Alexander filed.
**Jno H Schenck etal vs 33. Chas S Lynch etal**
Motion to dissolve injuction filed. Answer filed by P Klein.
**St Louis Building & Savings Association vs 452 St Louis Alton & Chicago RR Co**
Answer filed.
**Zalmon Taylor etal vs 142 Morris D Myers**
Plea in abatement filed.
**Jacob Laeche vs 360 Geo Mossbacherrex**
Motion for security for costs filed. Motion to strike out parts of petition filed.
---
**Viewer Page 39** (rcdbook1859_29_0038.jpg)
> Handwritten Page Number on Record Book: 31
**Samuel A Holliday vs 616 William Lings etal**
Answer of R N Martin filed.
**Gaitano Foprano vs 417 Louis Charleville etal**
Answer filed.
**Joshua W Owings vs 481 Lorenss P Sanger etal**
Demurrer filed.
**Wm Siver vs 792. Adolphus Meyer etal**
Motion for security for costs filed.
**Thos B Wing vs Franklin Weston & J F Weston garns of Jacob & S Williams**
Interrogatories filed.
**Geo W Whitesadmn vs 11 Chas N Avis**
Answer filed.
**Philip Kingsland vs 369. Jno S Thomson**
Answer filed.
**P Phillips vs B Hutchinson**
Depositions for plaintiff opened and filed.
**B C Baker etal vs F A Schmucker etal**
Depositions for defendants opened and filed.
**Jas Cuddy vs 368 Jno S Thompson**
Answer filed.
**Josephine Gravier etal vs 593. Jno C Ivory etal**
Demurrer filed by Jno C Ivory.
**Thos Jwales etal vs 572 H A Conant**
Answer filed.
**W L Erving etal vs L Butterfield**
Deposition for defendant opened and filed.
**Frangcis H Krenning vs 239. Francis Keegan etal**
Answer of Keyan filed
**Chas Wall etal vs 473. Jas O Carson etal**
Separate answers filed.
**Sams L M Barlow vs 7 Jno H Oglesby etal**
Answer of Jno H Oglesby filed.
**Samuel Gaty vs Galucia B Smith, Geo E Hawley, Isaac L Downes, Michael Mancarty, Geo W Goodlett, Egbert B Brown, Gustave Schwaberg, & Albert L Sweet garns of St Louis Athen Chicago Rail Road Company.**
Interrogatories filed.
**Jacob P Symonds vs 526. Wm O Wheeler etal**
Answer of Jno N Bofinger filed.
**Jno J Anderson etal vs 557 M Burrowes etal**
Answer filed.
**Alenzo Child vs 513 O J Bragg etal**
Answer of M Burrowes filed.
**Isaac W Mitchell vs 564 A A Le Beau etal**
Answer filed.
**Jas G M Pheeters vs 514 A A Let Beau etal**
Answer filed.
**Carolin Bohn vs 433. Fred K Bohn**
Answer filed.
**H Klutes adax vs 552 J G Shands**
Exhibits filed.
---
**Viewer Page 40** (rcdbook1859_29_0039.jpg)
> Handwritten Page Number on Record Book: 32
**Thos S Clark etal vs 172 Thos H Brierly etal**
Answer of Jno Porter filed
**Dexter B Britton etal vs 264 Wm O Wheeler etal**
Answer of Jno N Bofinger filed.
**Patrick Nowlan vs 803 Jno Austwick**
Answer filed.
**Jos H Oglesby vs 652 Chas Hatz etal**
Answer of E O English filed.
**Warren Currier vs 166 St Louis Alton & Chicago R R Co etal**
Answer of St Louis Alton & Chicago Rail Road filed.
**James G Goodrich etal vs 456 Baylis Chamblin**
Answer filed.
**Geo D Hall vs 667 E O English etal**
Answer of E O English, John Burns and Jacob Johann filed.
**Stephen Haskell etal vs 633. A A Le Beau etal**
Answer of E O English & Jno Burns filed.
**J Penrod vs 426 Marria F Brooks**
Answer filed.
**James Downey vs 405. E O English etal**
Answer of E O Engish & John Burns filed.
**Chas J Norbury vs 365 Jno Holmes etal**
Answer filed.
**Commercial Ins Co vs 769 Richd F Sass**
Answer filed.
**Thos L Salisbury vs 591 Oliver T Bragg etal**
Answer of Michael Burrowes filed.
**Jacob Heger vs 702 Jno Ludewig**
Exhibits A & B filed.
**Fred K Stumpf vs 230 Theodore A Thomas**
Demurrer filed.
**Christian Bermine vs 40 Anna M Bermine**
Answer filed.
**Jno W M Curdy vs 743. Robt E M Carthy**
Answer filed.
**Sherman J Bacon vs Jno F Outley, Mauntel Bulte & C. Jno F Mauntel, Jno A Thomson, Fred K M Kolburn garns of Jerre Haute A & St L RR C**
Interrogatories filed.
**W N White vs 199 Noble Kellogg**
Answer filed.
**E B Grune etal vs Chas Gage garns of Jas L Gage**
Interrogatories filed.
**Jos Dillworth vs 719 Jas H Stephenson**
Answer filed.
**Citizens Bank of Stenbenville vs 327 Jno B Carson**
Martin for security for costs filed.
**F P Corby vs E Boyle garns of Moies**
Interrogatories filed.
**Clarence M Brooks vs 114 Saml A Turner**
Answer filed.
**Owen V Terrion vs 132 Chas L Freeman**
Answer filed.
---
**Viewer Page 41** (rcdbook1859_29_0040.jpg)
> Handwritten Page Number on Record Book: 33
**Wm F Enders etal vs 772 T M Taylor**
Demurrer filed.
**Jno H Smith vs Barry Hysinger**
Answer filed.
**Chas B Wiggins vs N B Mullikens**
Demurrer filed.
**Louis A Bertoist etal vs Thos Rector etal**
2d amended petition filed.
**William F Enders etal vs 290 Thos Richards**
Plea in abatement filed.
**Alonzo D Fassett etal vs 296. Thos Richards**
Plea in abatement filed.
**Joshua W Owings vs 347 Robt S Eddy etal**
Defendants Robert S Eddy, David W Hill and Geo B Michael file an answer herein.
**Stephen Baskell etal vs 475 Fedor Fedorow**
Plea in abatement filed.
**Jno Engeler vs 478 Chas F Hoelzle**
Answer filed.
**Jno Duer etal vs 614 Philip Hess etal**
Motion to dismiss filed.
**Henry Steinway etal vs 626 Chas A Snell etal**
Answer filed.
**Henry Stienway etal vs 627 Chas Fritz etal**
Defendants Chas Fritz and Jacob Fritz file answers herein.
**David C Ketchum vs 578 Margaret A Ketchum**
Answer and Cross Bill filed.
**H Niederreuther vs 585 Chas F Holzle**
Answer filed.
**Jos N Hinds vs 598 Chas F Holzle**
Answer filed.
**Jas V Westtake etal vs 704 Chas F Hoelzle**
Answer filed.
**Jas B Hill vs 623. K Mackenzie etal**
Demurrer filed.
**David H Evans vs 762 Feder Fedorow etal**
Answer of Jno H Rolff, and Lewis Erning.
**Margaret Forster vs 736. Anton Jayer etal**
Answer of Jno Neff filed.
**Exchange Bank vs 716 Hancock Alexander etal.**
Answer filed.
---
**Viewer Page 42** (rcdbook1859_29_0041.jpg)
> Handwritten Page Number on Record Book: 34
Court met pursuant to adjournment. Present as before.
**Henry M Buckner etal vs 7 Frederick A Schmucker etal**
Now comes the plaintiff, by their attorney, and file proof satisfactory to the Court that a copy of the petition herein with a notice of the commencement of this suit has been duly served upon the defendant James B Kimball.
**Henry M Buckner etal. vs 8 Frederick A Schmuker etal**
Now comes the plaintiffs, by thier attorney, and file proof satisfactory the Court that a copy of the petition with a notice of the commencement of this suit has been duly served upon the defendant James B Kimball.
**Leander Lawrence vs 630 Alexander L Tyler etal**
Now comes the plaintiff by attoreny, but the defendant William Tyler, 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 thesaid defendant as confessed.
**Stephen Hackell etal vs 475 Fedor Fedorow**
Garnishees discharged.
On motion of the plaintiff, by attorney, it inordered that the garnishees summoned herein be discharged attheir costs and that execution force therefor.
**Carlos S Greeley etal vs 749 Jno W Schaerff etal**
Now come the plaintiff, by attorney, but the defendants, Charles Scheriff, John Helmuth and William Zeller, although duly summoned and called make default, wherefore the petition herein is taken against them as confessed.
**Gaitans Foprians vs 417 Louis Charleville etal**
On motion of Louis Charleville, by attorney, leave is given him to verify by affidavit his answer, and same is done.
**State use of Burnes vs 548 Louis Roever etal**
On motion ten days given the defendants to plead herein.
**John P Lipphardt vs 764 A William Streit etal**
Now comes the plaintiff, by attorney, but the defendant, Andrew Reinstaedtter; although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Geo Clemens vs 765 Francis J Milttenberger etal**
Now comes the plaintiff, by his attorney, but the defendants Francis J Miltenberger and Peter G Sell although duly summoned and called come not but make default, wherefore, on motion of the plaintiff, the petition herein is taken against the said defendants as confessed.
**Clarance O Brooks survg partner. vs 565 John D Daggett**
On motion of the defendant, by attorney, three weeks additional time is given to answer herein.
---
**Viewer Page 43** (rcdbook1859_29_0042.jpg)
> Handwritten Page Number on Record Book: 35
**William Lohrman vs 697 L V Reed etal**
Now comes the plaintiff, by his attorney, but the defendant, Frederick Kerzinger, 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.
**Arthur Ohlshausen etal vs 696 George P Liebeg etal**
Now comes the plaintiffs, by their attorney, but the defendant Charles Engan, 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.
**David Strubel's admr. vs 34 Gerhard Bensberg etal**
Now comes the plaintiff, by his attorney, but the defendant Bensberg, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**George Eckert vs 693. Anton Jaeger etal**
Now comes the plaintiff, by his attorney, but the defendants Anton Jaeger and John Neff although duly summoned and called makes default, wherefore the petition herein is taken against them as confessed.
**Philip Rothenbucher vs 619. U S Grant etal**
Now comes the plaintiff by his attorney, but the defendants, Frederick Dent and Harrison L Long, although duly summoned and, called make default, wherefore the petition herein is taken against them as confessed.
**Peter Haydon etal vs 571 Henry W Williams etal**
Now come the plaintiff, by their attorney, but the defendants, Henry W Williams, and Anderson, Arnot, although duly summoned and called come not but make default, wherefore, on motion of plaintiffs, the petition herein is taken against them as confessed.
**The Boatmans Savings Institution vs 708 Charles H Ashby etal**
Now comes the plaintiff, by its attorney, but the defendant Ashby, although duly summoned and called makes default, where fore the petition herein is taken against him as confessed.
**Caleb N Baldwin vs 752 Bernard Rawee etal**
Now comes the plaintiff, by his attorney, but the defendants, Herman Fette, Henry A Fette and J L Weber, come not but default, wherefore the petition herein is taken against them as confessed.
**Joseph Oker vs 758 Adam Hammer etal**
Now comes the plaintiff, by his attorney, and withdraws account mentioned in the third count of the petition herein, and on his motion, leave is given to withdraw the bill of items filed; but the defendant, Dominick Urban, although duly summoned and called comes not but makes default, wherefore, on motion of said plaintiff, the petition herein is taken against said defendant as confessed.
**State use of [Dentalonder ?] vs 468 Jos Steeker etal**
Motion to strike out fact of answer filed.
---
**Viewer Page 44** (rcdbook1859_29_0043.jpg)
> Handwritten Page Number on Record Book: 36
**Hugh M Kelvy vs 849 William Wade etal**
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant Daniel M Frost.
**Peirre A Berthold vs 102 William Wade etal**
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed asto Daniel M Frost.
**Robert B Bowler vs 203. William Wade etal**
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed asto Daniel M Frost.
**Hepsia B Mudge vs 546. Charles Marlow**
The plaintiff files a bond for costs herein with Samuel H Gardon, as security, which bond is approved.
**James H Eddy vs 53 Joseph A Eddy etal**
Now come the attorneys for plaintiff, and suggest to the Court the death of said plaintiff; thereupon comes Mary Jane Eddy administratrix of James H Eddy, and enters her appearance herein as plaintiff.
**Geo F Guenther vs 357 Maria Guenther**
Now comes the plaintiff and files proof if service of the petition herein upon the defendant.
**James B Hill vs 623 Kenneth M Kenzie etal**
Now comes the defendants, by their attorney, and withdraw there demurrer and by leave of Court, first had and obtained, file an answer herein.
**The Boatmans Savings Institution vs 709 Samuel Conway etal**
On motion of the plaintiff, by its attorney, it is ordered by the Court that this cause be dismissed at their costs and that execution issue therefor.
**Stephen Haskell etal vs 310 Chas R Anderson**
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 issue therefor. Note withdrawn by plaintiffs, by leave of Court.
**Upton L Royce vs 124 N L Hutchings**
Plea in abatement filed.
**Jesse Wickersham vs 284 E H Wheedon**
Dermurrer filed.
**Jno J Roe etal vs 55 Thos L Moore etal**
Answer of Dane W Wheeler filed.
**Hudson E Bridge vs 648 W Taussig etal**
Answer filed.
**David H Evans vs 762. Fedor Fedorow etal**
By leave of Court, first obtained, the plaintiff files an amended petition herein.
**Henry L Parker etal vs Eliza G Frost etal**
Demurrer to petition filed.
---
**Viewer Page 45** (rcdbook1859_29_0044.jpg)
> Handwritten Page Number on Record Book: 37
**Kenneth Mackenzie vs Thos M Taylor, and Oscar W Collett garns of Jno J Palmer**
Interrogatories filed.
**Jno A Thompson &c vs Strauss garns of Mayer Goldsoll**
Interrogatories filed.
**James Stewart vs 389 Geo Hartmann etal**
Answer filed.
**Alexander Williams vs 236 Augustus H Evans**
Answer filed.
**William L Erving etal vs Dane T Wright and Turner Maddox garns of Butterfield.**
Interrogatories filed.
**Robt Causs etal vs F A Kennon garns of Wm A Bassett etal**
Interrogatories filed.
**William H Mallace vs 462 N Simosheuser etal**
The defendants file seperate answers herein.
**Joshua V Throop vs St Louis Perpetual Ins Co & Seth M Randett garns of President of & Bank of Louisville.**
The plaintiff files interrogatories herein against the said garnishees.
**The Boatmans Savings Institution. vs 722 The Bank of the State of Missouri**
Motion for leave to bring notes sued on into Court filed.
**The Boatmans Savings Institution vs 689 The Bank of the State of Missouri**
Motion for leave to bring notes sued on into Court filed.
**Goss M Ginnis & Co vs Merritt Risley & Co**
Depositions opened and filed.
**N R Martin vs H J Beers garns**
Interrogatories filed.
**Otis West vs Jno J Murdock Chas K Dickson garns of Ins Levin etal.**
The plaintiff files interrogatories herein.
**State use of Tillman etal vs 42 H L Patterson etal**
Answer filed.
**Catherine A Noonan vs 187 Lorenzo H Cordy etal**
Answer filed.
**Hugh M Kelvy vs 849 William Wade etal**
Amended petition filed, three demances to amended petition filed.
**Exchange Bank of St Louis vs 716 N H Chappell etal**
Motion to strike out part of answer filed.
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**United States Insles vs 88 Wm P Davis etal**
Motion for judgment filed.
**Victor F Wilson vs 222 Benj F Ball etal**
Answer of Ball filed.
**Thos L Clarke etal vs Jno B Valle garns of Fitus**
Interrogatories filed.
**Thos G Little vs 354 Geo Harvey etal**
Answer filed.
**Abraham Ackerman vs 409 Andrew Krautler etal**
The defendant Andrew Krautler files an answer herein.
**Henry A Homeyer etal vs Charles H Porter & James Taussig garns of Jacob W Hoge**
Interrogatories filed.
**J Bush etal vs Charles H Peeter & James Taussig garns of Jacob W Hoge**
Interrogatories filed.
**J H Fisse vs Chas A Poerter & Jas Taussig garns of J W Hoge**
Interrogatories filed.
**Chas A Feichmann vs Chas H Poerter & Jas Taussig garns of Jacob N Hoge**
Interrogatories filed.
**Peter B Garesche administrator of Caroline Belt deceased vs 592 Philip S Lanham**
On Note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, comes not but makes default, where fore the petition herein is taken against him as confessed; and the Court finds from the notes on which this action is founded that the defendant is indebted to the plaintiff in the sum of eighteen hundred and seven dollars and thirty 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 and it is ordered that this judgment bear interest at the rate of ten per cent per annum until paid.
**Isaac Bruce and Benjamin Bruce vs 643. Frederick Meyer and Moses Meyer**
On note.
Now come the plaintiff, by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore the petition herein is taken against then as confessed, and the court finds from the note on which this action is founded that the defendants are indebted to the plaintiffs in the sum of five hundred and sixty seven dollars and sixty four cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid and their costs herein expended and have execution therefore and it is ordered that this judgment bear interest at ten per annum.
**The German Savings Institution vs 701 Wesley Connor, William Fullager, and Henry Linhoff.**
On Note.
Now comes the plaintiff, by attoreney, and dismisses this suit as to the defendant, Henry Linhoff, but the defendants, Connor and Fillager, although duly summoned and called make default, wherefore the petition herein is taken against them as confessed.
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and the Court finds from the note on which this action is founded that the defendedants are indebted to the plaintiff in the sum of two hundred and thirty five dollars and nineteen 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.
**William Lohrmann vs 695 Nicol Raynor, George Kyler and George O Atherton**
On Note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called comes 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 plaintiff in the sum of four hundred and twenty five dollars and fifty six cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid and his costs herein expanded and have execution therefor.
**William D'Oench and Thomas L Rives vs 766 Andrew F Nummitsch**
On Note.
Now come the plaintiff, by thier attorney, but the defendant makes default, wherefore the petition herein is taken against him as confessed; and the Court finds from the note on which this action is founded that the defendant is indebted to the plaintiff in the sum of One hundred and ninety dollars and sixty nine cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and their costs herein expanded and have execution therefor.
**The Commercial Insurance Company vs 734 Edward W Shands, William O Shands & Cohas Fillson**
On motion of the plaintiff by attorney, it is ordered by the Court that the petition herein be dismissed at his costs and that exectuion issue therefor.
**James Cohick vs 441 Thomas Rutherford**
On Note
Now comes the plaintiff attorney, but the defendant 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 plaintiff in the sum of six hundred and fifty dollars and seven 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: and it is ordered that this judgment bear interest after per cent per annum.
**James B Hill vs 624 Chales R Anderson and & J Smith**
On Note.
Now comes the plaintiff by his attorney, and dismisses this suit as to the defendant Smith, but the defendant Anderson although 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 plaintiff in the sum of forty one hundred dollars and seventeen 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.
**John Hartshorn vs Nathan S Rannells and Anapias Rice**
On Note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make default, whrefore on motion of plaintiff, it is ordered by the Court that the petition herein be taken against them as confessed: and the Court finds
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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 thirty two dollars and eighty four 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: and it is ordered that this judgment bear interest at the rate of ten per cent per annum.
**Henry William Wissman vs 444 Patrik Driscoll and Louis Bartold**
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 plaintiff, 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 plaintiff in the sum of two hundred and seventy four dollars and thirty eight 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 and it is ordered that this judgment bear interest at ten per cent per annum.
**George Harder vs 98 Frederik Rover and William Rover**
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 plaintiff, the petition herein is taken against them a 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 seven dollars and seventy 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 execution therefor.
**The Commercial Insurance Company vs 768 George Shaffrer**
On Note.
Now comes the plaintiff, by its attorney, but the defendant 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 plaintiff in the sum of nine hundred and seventy two dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and its costs herein expended and have execution therefor.
**George W Cline and William C Jameson vs 528 John N Bofinger**
On Note.
Now come the plaintiff, by their attorney, but the defendant, 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 plaintiff in the sum of fifteen hundred and fifty six dollars and forty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and thier costs herein expended and have execution therefor: and it is ordered that the judgement bear interest at the rate of ten per cent per annum.
**James Cohick vs 445 Thomas Rutherford and John L Ferguson**
On Note.
Now comes the plaintiff, by attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, on motion of plaintiff, 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 plaintiff in the sum of ninety one dollars and ninety three cents. It is therefore considered by the Court the plaintiff recover of the defendants the debt aforesaid found and his costs herein expended and have execution therefore and it is ordered that this judgement bear interest at ten per cent per annum.
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**The Mechanics Bank vs 586 George O Atherton, Nicoll Rayner and George Kyler**
On Bill of Exchange
Now comes the plaintiff by its attorney, but the defendants, although duly summoned and called come not but make default, wherefore the petition is taken against then 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 sixty dollars and eighty 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 therefor.
**Jacob Canmann vs 748 James P Langford**
On Note.
Now comes the plaintiff, by his attorney, but the defendants 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 plaintiff in the sum of three hundred and nine dollars and eighty six cents. Is it 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.
**John C Nelson and Joseph J Meersman vs 128 John H Jebbe and Dorothea Lubbering**
On note.
Now come the plaintiff, by thier attorney, but the defendants, although duly summoned and called come not but make default, wherefore, on motion of plaintiff, the peitition 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 two hundred and twenty eight dollars and seventy two cents. It is therefor considered by the Court by the Court that the plaintiff recover of the defendants the debt aforesaid as found and thier costs herein expanded and have execution therefor.
**William M Lyon vs 330 Oliver A Hart**
On motiion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at his costs and the execution issue therefor.
**The Commercial Insurance Company vs 732 William Hassinger and John Peterson**
On Note
Now comes the plaintiff, by its attorney, and dismisses this suit as to the defendant, John Peterson, but the defendant William Hassenger, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiff, the petition herein is taken agianst 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 nine hundred and eighty nine dollars and fifty four cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and its costs herein expended and have execution therefor.
**Albert G Noble and James & Nilgus vs 464 George N Davis and George Hughes**
On Note.
Now come the plaintiffs, by their attorney, but the defendants, although duly summoned and called, make default, wherefore the petition herein is taken agianst 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 two dollars and sixty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debts aforesaid as found and theier costs herein expended and have execution therefor.
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**John Thompson vs 621 Frederick Kerginger**
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 plaintiff, the petition herein is taken against him as confessed, and the Court finds form the instruments in writing on which this action is founded the deffendant is indebted to the plaintiff in the sum of seven hundred and ninety eight dollars and ten 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.
**John B P Pfeffer vs 574 George B Boomer, George G Pride and Clark Hooper**
On Note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Pride, but the defendants, Boomer and Hooper, although duly summoned and called come not but make make default, wherefore the petition herein is taken against then 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 forty four 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.
**Thomas J Payne vs 720 Joseph K Speed and George Shaffner**
On Note.
Now comes the plaitiff, by his attorney, but the defendants, although duly summoned and called, come not 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 plaintiff in the sum of three hundred and eighteen dollars and thirty 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.
**William [P Gerring ?] vs 467 William Brown**
Motion for security for costs and demurrer filed.
**Elisa Heinrichs vs 639 John C G Heinrichs and Elisa Heinrichs**
On Note.
Now comes the plaintiff, by her attorney, but the defendants although duly summoned and called, come not but make default, wherefore, on motion of plaintiff, the petition herein is taken against them as confessed; and the Court finds from the instruments in writing onwhich this action is founded that the defendants are indebted to the plaintiff in the sum of three hundred eighty nine dollars and eighty cents; therefore it is considered by the Court that the plaintiff recover of the defendents the sum aforesaid as found and her costs herein expended and have exectuion therefor; and it is ordered that this judgement bear interest at ten per cent per annum.
**Union Insurance Company vs 469 James D Houseman**
On Note.
Now comes the plaintiff, by its attorney, by the defendant, although duly summoned and called, comes not but makes default, werefore 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 defendants is indebted to the plaintiff in the sum of two hundred and thirty eight dollars and eighty three 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.
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**Dwight Durkee vs 376 Timothy M Namara, Michael Murphy and Richard Tobin**
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, the petition herein is taken against them as confessed; and the Court finds from the motion which this is founded the defendants are indebted to the plaintiff in the sum of three hundred and eighteen 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 expanded and have execution therefor.
**Eliza Ladwere vs 629 Alphonse Bourier**
On note.
Now comes the plaintiff, by her Attorney, but the defendant, althought 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 the defendent is indebted to the plaintiff in the sum of twenty five hundred and ninety nine dollars and twenty nine cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and her costs herein expanded and have execution therefor.
**George Bulpin vs 212 Robert Causse**
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, 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 the defendant is indebted to the plaintiff in the sum of two hundred and twenty four dollars and thirty cents. It is therefore considered by the Court that the plaintiff recover of the difendant the sum aforesaid as found and his costs herein expanded and have execution therefor.
**The Nazard Powder Company vs 540 Michael Dolan and Patrik Long.**
On Note.
Now comes the plaintiff, by its Attorney, but the defendants, although duly summoned and called, comes 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 plaintiff in the sum of two hundered and fifty three dollars and eighty three 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 therefor.
**The St Louis Building and Savings Association vs 502 William H Smith, Philip Ganbatz, Robert N Peay, Samuel Moody, and Isaac J Greene.**
On Bill of Exchange.
Now comes the plaintiff, by its Attorney, and dismisses this suit as to the defendants Peay and Moody, but the defendants, Smith, Ganbatz and Greene, 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 plaintiff in the sum of Sixteen hundred and seventy four dollars and seventy five cents. It is therefore considered by the Court that the plaintiff recover of the defandants the debt aforesaid as found and its costs herein expended and have execution therefor.
**Joseph Neil and Max Neil vs 729 Gert Goebel**
On Note
Now come the plaintiff, by their Attorney, but the defendant, although duly summoned and called comes not but makes default, whrerefore, on motion of 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
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in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and forty one dollars and ninety three cents; therefore it is considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and thier costs in this behalf expended and have execution therefor.
**James D Leonard vs 728 Abram Stevenson, Washington J Bevanand Robert Hilton.**
On Note.
Now comes the plaintiff, by his Attorney, and dismisses this suit acts the defendant B Hilton, but the defandants, Stevenson and Bevan, 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 is founded that the defendants are indebted to the plaintiff in the sum of four hundred and forty five dollars and forty 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.
**John F Coates vs 727 John Derbin**
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not but makes default, whrefore 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 plaintiff in the sum of one hundred and sixty six dollars and forty 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.
**Andrew Schwarzkopf vs 730 Edward C Krausnick**
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called comes not but makes default, wherfore, 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 plaintiff in the sum of two hundred and ninety dollars and fourteen 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 there of execution: and is ordered that this judgment bear interest at twelve per cent per annum.
**Russell Scarrett and Paris H Mason vs 485 Benjamin F Beasley**
On Bill of Exchange.
Now come the plaintiff, by this Attorney, but the defendant, 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 four hundred and two dollars and seventy five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and thier costs herein expended and have execution therefor.
**John J Anderson, Reuben L Anderson, & Erastus H Gaylord vs 334 Joseph Coglin and Samuel Brooks**
On Bills of Exchange.
Now come the plaintiff, by thier Attorney, but the defendants, although duly warned and called, come not but make default; wherefore the petition herein is 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 thirty eight hundred and ninety four dollars [and ninety four dollars ?] and eighty three 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: and it is ordered that the Sheriff pay the proceeds of the sale of the property attached to the plaintiffs, after paying the costs herein.
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**Frederick Ohnemuss vs 213 Christian Brandt**
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 plaintiff, the petition herein is 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 plaintiff in the sum of four hundred and forty seven dollars and seventy 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 thereof execution: and it is ordered that this judgment bear interest at the rate of nine per cent per annum.
**George W Cable vs 410 Joseph C Parks**
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, 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 plaintiff in the sum of five hundred and seventy nine dollars and thirty cents. It is therefor 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.
**Emile Preetorius, Francis Wagner and William Preetorius vs 573. John C Henn**
On Note.
Now come the plaintiffs, by their Attorney, but the defendant, 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 hundred and seventy five dollars and sixty two 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 execution therefor.
**The North Western Bank of Virginia. vs 243. Henry G Billstein and Henry Henekes**
On Notes.
Now comes the plaintiff, by 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 instruments in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of the hundred and twenty three dollars and eighty 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 in this behalf expended have execution therefor.
**Andrew L Kerr vs 431 John A Williams, Alexander Kelsey and Francis J Smith**
On Note.
Now comes the plaintiff, by his Attorney, and dismisses this suit as to the defendant, Williams, but the defendants Kelsey and Smith, 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 plaintiff in the sum of Eleven hundred and nineteen dollars and twenty five cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid and also his costs herein expended and have execution therefor; and it is ordered that this judgement bear interest at ten percent per annum.
**William Sensenderfer and John Sensenderfer vs 862 George W Capell**
Confession of judgement.
Now comes the defendant and files his sworn statement confessing himself indebted to the plaintiffs in the sum of five hundred and ten dollars and forty two cents and authorizing the entering up
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of judgment for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as confessed and their costs herein expended and have execution therefor: and it is ordered that this judgment bear interest at ten percent per annum.
**William H Card and George Grether vs 80 Richard S Raymond and William O Wolf**
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 instruments in writing on which the action is founded that the defendants are indebted to the plaintiffs in the sum of five hundred and sixty six dollars and twenty five 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.
**John Wolff and John Justus Hoppe vs 229 Thomas Richards**
On note.
Now come the plaintiffs, by their Attorney, but the defendant, although duly summoned and called, 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 hundred and eleven dollars and ninety eight 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 execution therefor: and it is ordered that the judgment bear ten percent per annum interest.
**Thomas S Young, Alexander Young, Daniel C Young, Charles H Woodland Charles Perrine vs 329 Albert Becker, Joseph S Stockton, Joseph A Fanning and Daniel W Wheeler**
On note.
Now come the plaintiffs, by their Attorney, and dismiss this suit as to the defendants, Stockton, Fanning and Wheeler, but the defendant, Becker, 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 ten hundred and forty nine dollars and fifty three 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 execution therefor.
**Edwin Hoyt, Philip Tillinghast, Nehemiah Knight and William B Greene vs 397 True W Hoit**
On note.
Now come the plaintiffs, by their Attorney, but the defendant although duly summoned and called 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 three hundred and fourteen dollars and ninety four 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 execution therefor.
**George D English, James S English and Homer H Dikeman vs 460 John Siguson and John Gilman**
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 two hundred and twenty nine dollars and eighty four cents. It is
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therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as found and their costs herein expended that have execution therefor.
**William E Wilson assignee of William Wade, Daniel M Frost and Mary B Stewart vs 407 Joseph C Parks**
On note.
Now comes the plaintiff, by Attorney, but the defendant, 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 plaintiff in the sum of two thousand four hundred and forty dollars and forty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and also his costs herein expended and have excution therefor.
**Loyd A Haynes, Richard D Fenby and James O Haynes vs 420 Elloworth Miller and A G Garett**
On note.
Now come the plaintiffs, by thier Attorney, and dismiss this suit as to the defendant, Garrett, but the defendant, Miller, 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 three hundred and twenty one dollars. 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 excution therefor.
**John H Twillman vs 476 Charles Bray and Solomon H Robbins**
On note.
Now comes the plaintif by his 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 plaintiff in the sum of six hundred and nineteen 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 thereof execution.
**Silas B Flint vs 419 Elizabeth E O Giles and John Loughborough**
On note.
Now comes the plaintiff, by his 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 plaintiff in the sum of two hundred and ninety five dollars and ninety cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid so found and his costs herein expended and have excution therefor.
**Thomas Jackson vs 304 Frederick Mayer and Henry W Dimon**
On note
Now comes the plaintiff by his 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 plaintiff in the sum of four hundred and seventy six dollars and forty two cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and his costs in this behalf expended and have excution therefor.
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**Harris D Booge vs 76. Charles W Anderson**
On note.
Now come the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not but make 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 plaintiff in the sum of one hundred and eighty nine dollars and forty nine cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and his cost herein expended and have excution therefor.
**William Bekemeier vs 572 Edward C Krausnick**
On note.
Now comes the plaintiff, by his Attorney, but the defendant, 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 plaintiff in the sum of two hundred and seven dollars and sixty 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: and it is ordered that this judgment bear interest at ten per cent per annum until paid.
**Francis P Corby and Benjamin F Gossin vs 220 Miles G Moies**
On note.
Now come the plaintiffs, by their Attorney, but the defendant, 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 three hundred and forty five dollars and eighty four 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 execution therefor.
**Joseph H Conn surviving executor of the estate of Joseph A Sire deceased. vs 507 Adrien Tetard and L Charles Boislinere**
On note.
Now come the plaintiff, by his 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 plaintiff in the sum of four hundred and three dollars and eighty 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 excution therefor.
**Pierre Chouteau Jr, James Harrison and Felix Valle vs 595 Christian Schaeffler, Lorente Schaeffler and Edward Boyle**
On note.
Now come the plaintiffs, by their Attorney, but the defendant, 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 defendant are indebted to the plaintiffs in the sum of twenty one hundred and twenty nine dollars and ten cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and their costs herein expended and have execution therefor.
**Fleming Bates vs 442 Frederick Meyer, Mathew Brady and Michael Donnelly**
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 plaintiff, it is ordered by the Court that the petition
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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 seventeen dollars and forty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and his costs herein expanded and have execution therefor.
**James D Normandi vs E F Kraft and O C Kraft**
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 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 hundred and eighty two dollars and fifty seven 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.
**Charles A Greeley, Augustus F Shapleigh and Mathias Steitz trustees for the State Savings Association vs 679 Neree Valle**
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, the petition herein is 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 in the sum of twenty five thousand two hundred and forty seven dollars and forty eight cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor: and it is ordered by the Court that this judgment bear interest at the rate of ten percent per annum from this date until paid.
**Alexander P Kinnon vs 611 William D Field**
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, 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 plaintiff in the sum of one hundred and ninety seven dollar and fifty nine cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and also his costs herein expended and have execution therefor.
**The German Savings Institution vs 796 Francis Lunsman, Henry A Fette and Bernard Ravic**
On note.
Now comes the plaintiff, by its 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 plaintiff in the sum of three hundred and twenty one 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 its costs in this behalf expended and have execution therefor.
**Alexander Cruikshank vs 661 Robert P Clarke, R G Park and James Cuddy**
On Note.
Now at this day comes the plaintiff, by his Attorney, and dismisses this suit as to the defendants, R G Park and James Cuddy, but the defendant, Robert P Clarke, although duly summoned and called, comes not but makes default, wherefore, on motion of 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
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that the defendant is indebted to the plaintiff in the sum of six hundred and fourteen dollars and seventy 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; and it is ordered that this judgement bear interest at the rate of ten per cent per annum.
**Frederick Eichermann, August Neilze and Henry Strottmann vs 710 Jules L Cabanni**
On Note.
Now come the plaintiffs, by thier Attorney, but the defendant 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 hundred and eighty three dollars and eighty eight 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 execution therefor.
**Friderich Schaefer and Friderich Luepping vs 711 Henry C Katz, Nernard Kraft, Francis Saler and Philip Klein**
On Note.
Now come the plaintiffs, by thier 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 plaintiff in the sum of twenty two hundred and seventy six dollars and eleven 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 thereof execution.
**Frederik Timmerman vs 553. Henry N Williams**
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, the petition herein is taken agianst 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 sixty seven dollars and forty nine 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: and it is ordered that the judgment bear interest at the rate of ten per cent per annum untill paid.
**Alexander Kelsey vs 383. Heinrich Busemeyer and Philipp Walther**
On Note.
Now comes the plaintiff, by his 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 plaintiff in the sum of three hundred and twenty seven dollars and forty one 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 excution therefor.
**Thomas M Taylor and Oscar N Collet vs 268 Christian Schaffler and John N Fisher**
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 plaintiff in the sum of two hundred and forty two dollars and sixty eight cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and thier costs herein expended and have execution therefor.
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**Philip Furlong vs 269 Daniel D Page, Francis W Page, David Chambers, Henry Haight and Henry D Bacon**
On Certificates of Deposit.
Now come the plaintiffs, by their Attorney, and dismiss this suit as to the defendants, Francis W Page, David Chambers and Henry Haight, but the defendants Daniel D Page and Henry D Bacon, although duly summoned and called, come not but make default, wherefore the petition herein is taken agaisnt 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 three thousand and ninety two dollars. 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: and it is ordered that this judgement bear interest at the rate of ten per cent per annum from this date until paid.
**John C Kleekamp vs 270 Frederick Meyer and Moritz Meyer**
On Note.
Now comes the plaintiff, by his 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 plaintiff in the sum of four hundred and forty one dollars and sixty nine 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: and it in ordered that this judgment bear interest at the rate of nine per cent per annum.
**Edward P Tesson vs 664 William H Belcher and Charles Belcher**
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, Charles Belcher, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed; and the plaintiff dismisses this suit as to William H Belcher; and the Court finds from the instrument in writing on which this action is founded that the defendant, Charles Belcher, is indebted to the plaintiff in the sum of nine hundred and two dollars and sixty cents. It is therefore considered by the Court that the plaintiff recover of the said defendant the debt aforesaid as found and his costs herein expended and have execution therefor.
**William Lohrman vs 694 Herman Haas, John Schreiber, Henry C Katz and Irwin Z Smith**
On Note.
Now comes the plaintiff, by his Attorney, and dismisses this suit as to the defendant Haas, but the other 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 plaintiff in the sum of five hundred and forty four dollars. 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: and it is ordered that this judgment bear interest at ten per cent per annum.
**Joseph Sale administrator of the estate of Samuel Anderson deceased. vs 550 David Ziggler**
On Note.
Now comes the plaintiff, by Attorney, but the defendant, 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 note herein that the defendant is indebted to the plaintiff in the sum of two hundred and forty dollars and eighty 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.
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**Peter Richard Kenrick vs 72 John Schiffmann**
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, 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 plaintiff in the sum of three hundred and seventy one dollars and forty 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: and it is ordered that this judgment bear interest at the note of ten per cent per annum.
**John P Corving, Henry W Seymour and John A Rumsey vs 659 John KirKham and John Parkin**
On Note.
Now come the plaintiffs, by thier Attorney, and dismiss this suit as to the defendant Parkin, but the defendant, KirKham, 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 hundred and thirty dollars and sixty nine 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 execution therefor.
**Edward P Tesson vs 265 Edward Haren Jr, Thomas C Fletcher and John Sutter**
On Note.
Now come the plaintiffs, by his Attorney, bond dismiss this suit as to the defendant, Sutter, but the other defendants, although duly summoned and called come not but makes 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 plaintiff in the sum of fourteen hundred and twenty six dollars and twenty nine 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.
**Benhard Mayer vs 707 Isaac Cook and John W Hopkins**
On Note.
Now comes the plaintiff, by his Attorney, and dismisses this suit as to John W Hopkins, but Isaac Cook although duly summoned and called, 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 plaintiff in the sum of one hundred and eighty four dollars and thirty six cents. This 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.
**Hiram Persie vs 15 William H Belcher and Charles Belcher**
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 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 thousand four hundred and forty dollars and thirty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the said debt of thirteen thousand four hundred and forty dollars and thirty cents in form aforesaid as found and also his costs in this behalf expended and have execution therefor.
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**Abram French, John T Wells and Robert C Newman vs 671 John L Chandler**
On Notes.
Now come the plaintiffs, by their Attorney, but the defendant, although duly summoned and called makes default, 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 plaintiffs in the sum of nine hundred and sixteen dollars and eighty one cents. It is therefor considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and their costs herein expended and have execution therefor.
**Samuel Bonner and James M Corbett vs 670 Thomas B Ellis, Henry B Ellis, James B Ellis, Walter E Sell and Thomas Sheppard**
On Note.
Now come the plaintiffs, by their Attorney, but the defendants, although duly summoned and called, make default, wherefore the petition herein is taken against them as confessed; and the Court finds from the note herein that the defendants are indebted to the plaintiffs in the sum of ten hundred and eighty six dollars and eighty 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.
**Ferdinand Gottschalk, vs 529 Henrich Muller and Lewis Winkelmayer**
On Note.
Now comes the plaintiff, by his Attorney, but the defendants, although duly summoned and called, 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 plaintiff in the sum of four hundred and thirty five dollars. 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.
**Joshua N Owings vs 558 N S Rannells and Charles S Rannels**
On Note.
Now comes the plaintiff, by his Attorney, but the defendants, although duly summoned and called, make default wherefore, the petition herein is taken against them as confessed; and the Court finds from the note on which this action is founded that the defendants are indebted to the plaintiff in the sum of five hundred and twenty six 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 execution therefor.
**John D Taylor, William Gillespie and David B Taylor vs 822 James D Houseman and Julius H Smith**
On Note.
Now come the plaintiffs, by their Attorney, and dismiss this suit as to the defendant, Smith, but the other defendant 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 note herein that the defendant is indebted to the plaintiffs in the sum of nine hundred and seventy six dollars and sixty four 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: and it is ordered that this judgement bear interest at ten per cent annum.
**Thomas Fellows vs 250 Horatis D Newitt**
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, 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
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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 dollars and eight 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.
**John C Bullitt and Frederick Fairthorne vs 470 Patrick E Burke and Edward M Haydel**
On Note.
Now come the plaintiffs, by their Attorney, but the defendants, although duly summoned and called, 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 four hundred and thirty dollars and eighty five cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid and their costs herein expended and have execution therefor; and it is ordered by the Court that this judgement bear interest at ten per cent per annum.
**George T Camp and Charles E Maurice vs 150. John W Rice and Edward M Haydel**
On Note.
Now come the plaintiffs, by their Attorney, but the defendants, although duly 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 the sum of two hundred and seventy three dollars. 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: and it is ordered that this judgement bear ten per cent interest.
**Derrick A January etal vs 599. D Robert Barclay etal**
Now come the plaintiffs, by their Attorney, and the defendant, Barclay also comes and files an answer herein, but the defendant, >Caleb Ries, although duly summoned called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**John H Smith vs 64 B Hysinger**
On motion of defendant a dedimus is awarded him to Illinois.
**Andrew L Kerr vs Jno A Williams etal**
Alias Summons ordered for Jno A Williams and A M Dary.
**William Sensenderfer etal vs Jno Rokes etal**
Alias Summons ordered for Hugh Harkens.
**Jno N Bofinger vs J D Morrison**
On motion pluries summons ordered herein.
On motion N C Meyers Geo D Shinn and E R Green are admitted and enrolled as members of this bar.
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**Michael S Cerre, Esq,**
Sheriff of St Louis County, in Open Court, acknowledges the execution of a deed as such Sheriff in favor of Calvin F Burnes for all the right, title, interest, claim, estate and property of Theodore Wolff and Sebastian Engert of in and to the following premises, to writ; Lots nos forty three (43) and forty four (44) in block no three (3) in rock point addition to the City of St Louis; the two lots having an aggregate front of fifty feet on the East side of Fifth (5th) street, and a depth of one hundred and ten feet to an alley fifteen feet wide; said lots are bounded North by lot no forty two (42) in said Rock point addition, East by an alley fifteen feet wide, South by Dorcas street; and West by Fifth street being the same lots acquired by said Theodore Wolff and Sebastian Engert from Joseph Indest and wife, by deed dated, July 15th, 1855 and recorded in the office of the recorder of deeds for St Louis County in book 205 page 256 and 7; also a certain price of land being lot in block No one as laid down in a plat of suburban lots, made by James C Page and William M McPherson recorded in the office of the Recorder of said County of St Louis; said lot containing one hundred feet front on the Eastside of Prairie Avenue by a depth Eastwardly the same width of two hundred and seventy feet, bounded North by Henning Brauckman, East by land now or formerly owned by Page and McPherson, South by Mary Sickendick and James Kaminsky and West by said Prairie Avenue being the same lot conveyed by Mary Sikendick and James Kaminsky and wife to Sebastian Engert by deed dated June 19th 1857 and recorded in the Office of the Recorder of Said County of St Louis in book 187 at page 424, all lying and being in the County of St Louis and City of St Louis State of Missouri; sold under and by unitee of two executions; one issued from the Office of the Clerk of the St Louis Court of Common Pleas returnable to the November Term 1859 in favor of Charles Stittmatter against Paul Reinhart, Theodore Wolff and Sebastian Engert, the other issued from the Office of the Clerk of the St Louis Circuit Court returnable to the September Term 1859 in four of Oliver W Woodford and Jay C Simple against Theodore Wolff and Sebastain Engert.
**Michael S Cerre Esq.**
Sheriff of St Louis, in open Court, acknowledges the execution of a deed as such Sheriff in favor of Patrik Blessing for all the right, title, interest, claim, estate and property of Eleanor Erskine Gary of in and to the following premises, towit; a certain lot of ground in the County and City of St Louis State of Missouri, and at the time of the purchase of the same by John B Gay September 20th 1820 was described as follows, towit; all that piece or parcel of grounds situate lying and being in the town of St Louis, County and State aforesaid and fronting Eastward on Main Street twenty feet, French measure, bounded Southwardly by a lot occupied by James B Gague; Northwardly by the frame building now occupied and owned by the said John B Gay, and Westwardly by lands of Antoni Soulard; the said lot being twenty feet in front as aforesaid by two hundred feet in depth, French measure; sold by virtue of an Execution issued from the Office of the Clerk of the Clerk of the St Louis Circuit Court on the twenty second day of March, A D 1859, in favor of Henry Ames and Edgar Ames against said Eleanor Erskine Gary.
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Court met pursuant to adjournment. Present as before.
**William L Erving etal vs Valentine Reis and Michael Reis garns of Dessert etal**
Interogatories filed.
**G Roberg etal vs 610 J Bredow**
Answer filed.
**James Cazeaux vs 510 Christian Shaffler**
On Bill of Exchange.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, 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 plaintiff in the sum of three hundred and fifty one dollars and seventy cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found his costs herein expended and have execution therefor.
**First Ward Savings Institution vs 775 Berthold Vennewitz etal**
On motion of plaintiff, by Attorney, it is ordered by the Court that this cause be dismissed at its costs and that execution issue therefor.
**Giram Johnson and George P Whitelaw vs 258 Joseph Jones**
On Notes.
Now come the plaintiff, by their Attorney, but the defendant 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 instruments in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of four hundred and fifty five dollars and seventy four cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and their costs herein expended and have execution therefor.
**Philip Rothenbucher vs 619 U S Grant, Frederik Dent, and Harrison L Long**
On Note.
Now comes the plaintiff, by his Attorney, and dismisses this suit acts U S Grant, but Dent and Long, still making default, the Court doth find from the instrument in writing on which this action is founded that they are indebted to the plaintiff in the sum of two hundred and twenty four dollars and forty 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: and it is ordered that this judgment bear interest at ten per cent per annum.
**Alexander Campbell vs 232. The St Louis Alton Chicago Rail Road Company**
On motion leave is given the Sheriff to amend herein, and same done by the addition of a line between return and the name of the Sheriff. Leave is given to file interrogatories is herein.
**Henry Neil vs 805 Chas Marlow**
The plaintiff files a bond for costs herein, with P B Garesche, as security, which is approved.
**Wm P Rockhill survg part vs 221 Simeon Downing etal**
Continued.
**Wm J Norris vs 216 Jas Price etal**
On motion, until the twelfth of October next is given the defendants to plead herein.
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**J L Clark etal vs Jno B Valle garns**
Answer filed.
**Chas Bratenahl etal vs 145 A. R. Grimes**
Plea in abatement filed.
**Barbara Schnerr etal vs 214 Theodore P Greene**
Motion to reinstate cause filed.
**Union Bank of Louisiana vs 428 A Situs**
On motion of the garnishee, W J Powell, by Attorney, it is ordered by the Court that he be discharged at the costs of the plaintiff and that execution issue therefor. Five dollars is allowed him for appearing.
**Henry J Mudd etal vs 337 William Gayle etal**
On motion of Wm L Ewing, Nathan Cole, A G Edwards and Philips W Hermans, garnishees summoned herein under execution, be discharged at the plaintiffs costs and that execution issue therefor. The sum of five dollars is allowed each of said garnishees for appearing herein.
**C Schnerr vs 692 P Schlatweiler etal**
The defendants Hermann and Hartmann file an answer herein.
**John J Anderson, Reuben L Anderson and Erastus Gaylord vs 235 George Wood**
On Note.
Now come the plaintiffs, by their Attorney, but the defendant 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 hundred and eighty eight dollars and thirteen and one third cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and their costs herein expended and have execution therefor.
**John J Anderson, Reuber L Anderson and Erastus Gaylord vs 163 Francis W Thompson**
On note.
Now come the plaintiffs, by thier Attorney, but the defendant, 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 one hundred and ninety dollars and forty four cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and thier costs herein expended and have execution therefor.
**The First Ward Savings Institution vs 320 Peter Goest, Adolph Gebhardt, and Frederick Maw**
On Note.
Now comes the plaintiff, by its 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 plaintiff in the sum of four hundred and sixty dollars and seventy 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; and it is ordered by the Court that this judgment bear interest at ten per cent per annum until paid.
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**First Ward Savings Institution vs 321 Frederick Meyer**
On Note.
Now comes the plaintiff, by its Attorney, but the defendant, although duly summoned and called, makes default, wherefore the petition herein is taken against him as confessed; and the Court finds from the instrument in writing in which this action is founded that the defendant is indebted to the plaintiff in the sum of four hundred and two dollars and fifty five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid and its costs herein expended and have execution therefor.
**Thompson J S Flint vs 487 James L Doyle**
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, 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 plaintiff in the sum of two hundred and thirty seven dollars and fifty seven 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 C Bowen, Theodore M Namee, Samid Holmes and Anthony Gilkison vs 479 Henry Lyon**
On Note.
Now come the plaintiffs, by their Attorney, but the defendant, 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 plaintiff in the sum of ten hundred and sixty six dollars and seventy six cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and their costs herein expended and have execution therefor.
**William Watkins and E B Owsley vs 584 William H Johnson**
On Note.
Now come the plaintiff, by their Attorney, but the defendant, 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 hundred eighty seven dollars and ten cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and their costs herein expended and have execution therefor: and it is ordered by the Court that this judgment bear ten per cent interest.
**William F Ross and James Ballard vs 261 Albert Becker**
On Note.
Now come the plaintiff, by thier Attorney, but the defendant, 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 five hundred and forty four dollars and fifty four 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 have execution therefor.
**Leon V Gallagher vs 375 David A Harper**
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, 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 owes the plaintiff the sum of two hundred and thirty eight dollars and ninety eight cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid are found and his costs herein expended and have execution therefor.
---
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> Handwritten Page Number on Record Book: 59
**Louis Schneider vs 373. Gustavus Adolphus Pfau, Charles Loupke, William H Scandan, Adam Hammer and Dominic Urban**
On Note.
Now comes the plaintiff, by his 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 plaintiff in the sum of two hundred and ten dollars. 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.
**John Williams vs 259. Jno W Shoemaker**
Plea in abatement filed.
**Henry Konig vs 380 Jno W Shoemaker**
Plea in abatement filed.
**Geo J Hardcastle etal vs 672 Luther Case**
Demurrer filed.
**James B Colt vs 61 Israel G Beaumont**
Answer filed.
**Marine Bank of Chicago vs 424 James R Bull**
Motion to strike out answer filed.
**George B Sanderson vs North Missouri Rail Road Company garns of A J McDowell**
Interrogatories filed.
**Alexander Campbell vs E B Brown and Isaac L Downs garnishes of Terre Haute ASLRRC**
Interrogatories filed.
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**Viewer Page 68** (rcdbook1859_29_0067.jpg)
> Handwritten Page Number on Record Book: 60
Court met pursuant to adjournment: present as before.
Douglass Stirling is, on motion admitted and enrolled as a member of this bar.
**George Walton vs 171. Wm Murphy**
Answer filed.
**Thos G Mason etal vs 139 F H M Ching etal**
Answer of Chas L Thompson filed.
**A Boyd vs 555 M Mayer etal**
Defendants M and G Myers file demurrers herein.
**Robt R Levik vs Geo Cooper garns of Richards**
Interrogatories filed.
**Jacob Lache vs 360 G Mossbacker etal**
Answer filed.
**Stephen Haskell etal vs James H Haydon etal**
On motion of plaintiffs it is ordered by the Court that the garnishees summoned herein be discharged at their costs and that execution issue therefor.
**Pilot Knob Iron Co vs Miles G Moies**
On motion of garnishees, it is ordered by the Court that they be discharged at the plaintiffs costs and that execution issue therefor. The said garnishees Geo Henrick A C Robinson and James B Low are allowed five dollars each for appearing.
**Edward D Maddock vs 343 C T Wright**
Motion for security for costs filed.
**Abigah Whiting vs 384 Ira Stout**
Answer filed.
**William D Marshall etal vs 548 James Cuddy etal**
On motion ten days additional time is given to answer herein.
**Samuel Cupples etal vs 196 Perry Brown**
On motion of defendant fifteen additional days are given to answer.
**Robert W Hunt vs 152 Josiah W Kennedy and Stephen Fine**
On Note.
Now comes the plaintiff, by his 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 plaintiff in the sum of three hundred and two dollars and fifty eight cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt of aforesaid as found and his costs herein expended and have execution therefor.
**James W Harris vs 649 David H Evans**
On motion of the plaintiff, by Attorney, the time to reply herein is extended ten days.
---
**Viewer Page 69** (rcdbook1859_29_0068.jpg)
> Handwritten Page Number on Record Book: 61
**Albert S Regor vs 103 Michael S Cerre etal**
By consent one week additional time is given to answer herein.
**Hiram Fate etal vs 231 Michael S Cerre etal**
By consent of parties one week additional time is given to answer herein.
**F W Hering vs 322 C C Simmons etal**
Answer filed.
**E B Kellogg vs 48 Jno H Dargin**
Answer filed.
**Jno Christopher etal vs 383 Wm P Christopher etal**
Answer filed.
**Amelia Carman admr vs 678 Wm C Atherton**
Answer and exhibit filed.
**Louis Zengen etal vs 521 M S Mcpham etal**
Answer filed.
**Aaron A Fisher etal vs 853 Calvin H Fredericks etal**
The plaintiffs file a copy of the petition herein with a notice of the commencement of this suit.
**E Hastings etal vs 318 Henry S Parker etal**
On motion of defendants, by Attorney, ten days additional time is given to answer herein.
**Thomas H Ulest vs 459 Chas M Elleard**
Answer filed.
**Hunt and Albert vs 226 Francis J Smith etal**
Answer of Smith filed.
**Jno A Ubsdell etal vs Edwd R Bates etal garns.**
Answer of Alexander filed.
**Silas Reed vs Jno Scott**
Plea in abatement filed.
**Saml Gaty vs Geo W Goodlett etal garns**
Garnishes Goodlett and Moriarty file an answer.
**J A Thompson etal vs Leopold R Straus garns**
Answer filed.
**Geo Schuman vs 325. Terre Hauthe ArStLRR**
Answer filed.
**Albertine Jacob vs 682 Teresa E Nolan**
Answer filed.
**Saml L Hertz vs L H Fuller**
Depositions for plaintiff opened and filed.
**Chas Blevin etal vs A Hinzpeter garns**
Answer filed.
**Warren Curier vs 276 Saml B Low**
Demurrer filed.
**W R Martin etal vs H J Beer and H J Beerrles garns of Young**
Interogatories filed.
**L Rothgerber etal vs 541 S H Lawrence etal**
Motion for security for costs filed.
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**Viewer Page 70** (rcdbook1859_29_0069.jpg)
> Handwritten Page Number on Record Book: 62
**N L Ewing etal vs Michael Reis garns**
Answer filed.
**Sherman J Bacon etal vs Jno S Thompson garns**
Answer filed.
**Jno A Saturn vs Robt N Olear etal**
Answer filed.
**Norman Cutter vs 61 William Haddingham etal**
The plaintiff files a petition for a subpoena duces team whereupon it is ordered that a subpoena duces team issue to Margeret Thomas as prayed for in said petition.
Court met persuant to adjournment. Present as before.
**James Long etal vs 472 Julia A Gordon etal**
John D B Clark files an answer for himself and as guardian of George Clark and Benjamin Clark: and John R Brown files his appearance and answer.
**Jacob Pfau etal vs N A Schoemann etal**
The plaintiffs, by Attorney, file proof of service of notice of suit and copy of petition which is satisfactory to the Court.
**Caroline Myers vs 272 William C Malloy etal**
Pascal H St Cyr files an answer; and on motion the Court appoints William J Kribber guardian ad litem of H J Stevens, minor defendants who thereupon files his acceptance a such guardianship, and on his motion ten days additional time is given him to answer.
**State use of John Young vs Theodore Hesselmeyer etal**
On motion of defendants, the time for pleading herein is extended one week: On motion dedimus is awarded plaintiff to Ohio.
**Henry Lutt vs 114 Geo Buttner**
On motion of defendant fifteen days additional time is given to plead herein.
**Jacob Heyer vs 702 Geo Ludwig**
On motion of the defendant the time to answer herein is extended one week.
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**Viewer Page 71** (rcdbook1859_29_0070.jpg)
> Handwritten Page Number on Record Book: 63
**Chas Brahtenahl etal vs 145 A R Grimes**
On motion a dedimus is awarded defendent to Ohio.
**State use of H Gilsey vs 273. Edward A Damon etal**
One motion of defendants, one week additional time is given to plead.
**John Huffman vs 785 Willam J F Denney etal**
Default.
Now comes the plaintiff, by his Attorney but the defendant, Joseph A Berry, although duly summoned and called, comes not but makes default, wherefore the petition is taken against him as confessed.
**David W Hill vs 71 Michael S Cerre**
On motion of the defendant time to and including tenth instant is given him to plead.
**Henry Cormerais vs 126 Michael S Cerre**
On motion of the defendant time to and including tenth instant instant is given him to plead.
**William D Simpson etal vs 298 Michael S Cerre**
On motion of the defendant time to and including tenth instant is given to plead.
**Robert M Renick etal vs 656 Michael S Cerre**
On motion of the defendant time to and including tenth instant is given him to plead.
**John W Hedenberg vs 411 Benjamin Mercardier etal**
Agreement filed and by consent until eight instant is given to answer.
**Abel S Downs and Seabury S Gould vs 430 Emile F Kraft and Otto C Kraft**
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 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 two hundred and thirty one dollars and fifty eight 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.
**Charles Bayne and William Bayne vs 313. Andrew J Morrison**
On notes.
Now come the plaintiffs, by their Attorneys, but the defendant, although duly summoned and called, makes default, wherefore, on motion of the plantiffs, 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 defendent is indebted to the plaintiffs in the sum of eigth hundred and ninety nine dollars and thirty 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 also their costs herein expended and have execution therefor.
---
**Viewer Page 72** (rcdbook1859_29_0071.jpg)
> Handwritten Page Number on Record Book: 64
Russell H Wescott, who is personally known to the Court, acknowledges the execution of a deed of emancipation to his slave Aleck Giles, of dark complexion, about thick set about five feet eight inches in height.
**Chas R Lamp vs 144 N Wall etal**
Answer filed.
**A W McPherson vs 569 Pacific Rail Road**
Answer filed.
**Jas G McPheeters vs 517 Jas P Langford etal**
Answer filed.
**Grace L Barnes vs 242 Henry M Barns**
The defendant files a demurrer as to part and an answer as to remainder of petition.
**Peter Lindell vs 715 Pelagie Lee**
The defendant files a motion for time to reply herein.
**Thos Boylan etal vs 798 St Bt David Jatum**
Answer filed.
**Martin Kathenbach vs 806 Gottlib Held etal**
The defendants file seperate answers herein.
**Wm B Watson vs 23. A A VanWorner etal**
Answer filed.
**John J Anderson etal vs 557 Michael Burrowes etal**
Motion to strike out part of answer herein.
**Robt Thornbungh vs 759 St Bt David Tatum**
Answer filed.
**State use of Hempstead vs 738 James Harrison etal**
Demurrer filed.
**State use of Hirsch vs 655 David Anderson etal**
Answer filed.
**John Williams vs 737 St Bt David Tatum**
Answer filed.
**Thomas B Ellis etal vs 277 St Bt David Tatum**
Answer filed.
**Frederick Idecker vs 381 Henry Hackmann etal**
Answer filed.
**Henry Idecker vs 382 Henry Hackmann etal**
Answer filed.
**Fredk Idecker vs 379. Henry Hackmann etal**
Answer filed.
John How, who is personally known to the Court, acknowledges the execution of a deed of emancipation to his slave Wash, aged about forty years, about six feet high, of dark complexion.
**The State of Missouri vs 829 Stephen H Hauser**
Murder in the first degree.
Now at this day the said defendant being brought into Court assents to and accepts to the conditions of the commutatory pardon from the Governor of this Gate filed herein, whereby the sentence of death imposed upon said defendant is commuted to imprisonment in the Penitentiary of this State for life: therefore it is considered by the Court that the said defendant in accordance with said commutation be imprisoned in the Penitentiary of this State for and during the term of his natural life: and it is ordeded that the Sheriff of the County convey the said defendant to the Penitentiary of this State.
**Michael Zwilling vs 386 Michael Hoch**
On note.
Now comes the plaintiff, by his Attorney, but the defendant, 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
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**Viewer Page 73** (rcdbook1859_29_0072.jpg)
> Handwritten Page Number on Record Book: 65
instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of two hundred and fifty four dollars and seventy six 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.
**John Brown vs 423. James S Bissell and Edwin K Stevens**
On Notes.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called comes not but make default, whrefore the Court doth find from the notes herein that the defendants are indebted to the plaintiff in the sum of five hundred and seventy seven dollars and ten cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid and his costs herein expended and have execution therefor.
**John Herman Muller vs 606 Wenzeslaus Hankop and John Muller**
On Note.
Now comes the plaintiff, by his Attorney, but the defendants, although duly summoned and called, come not but make default, wherefore the Court doth find from the instrument in writing on which this suit is founded that the defendants are indebted to the plaintiff in the sum of six hundred and thirty four 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 therefor: and it is ordered that this judgment bear nine per cent interest.
**L Bellas vs Hugh Bellas etal**
Demurrer filed by three defendants.
**Jas E Maguire vs 457 Jas Little**
Answer filed.
**Jno Kelly vs 50 Jno E Cooke**
Answer filed.
**Jas J Watson etal vs 65 Thos Behan etal**
Answer filed.
**Benj H Miles etal vs 295 St Bt Diurnal**
Answer filed.
**Henry Left etal vs 556 John Wheeler etal**
Defendants Frederick Bergesch and John Wheeler file answers herein.
**Elizabeth B Davis vs 568 Wm H Haggerty etal**
Motion for security for costs filed.
**Abraham Newmark vs 763 Geo S Mawson**
Answer filed.
**Thos J Clark etal vs 172 Thos H Brierly etal**
Answer of Frank Kercheval and Porter filed.
**Geo G Prebury vs 657 Rovert G Moss**
Answer filed.
**Wm L Ewing etal vs Louis Butterfield**
Answer filed. Offer of judgment filed.
**L D Baker etal vs Jas Sawyer garns**
Answer filed.
**Morris D Myers vs 167 Zalman Taylor etal**
Answer filed.
**Ernest C Anglerodt vs 189. Edwd Dobyns**
Answer filed.
**R H Hodsonxe vs 91 W L J Gagere**
Answer filed.
**Jerome R Ward vs 740 Wyllyaking etal**
Answer of defendants filed.
**State use of Phelps vs 402 A G Edwards etal**
Answer filed.
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**Viewer Page 74** (rcdbook1859_29_0073.jpg)
> Handwritten Page Number on Record Book: 66
**James J Hogg vs 395 Jno Kinnard etal**
Answer of W L and Eliza S Sloss filed.
**A W M Dowell vs 225 St Bt David Tatum**
Answer filed.
**A Oberrather vs 180 Geo J Barnett etal**
Answer filed.
**N Cutter vs Wm Waddingham etal**
Plea filed by the City of St Louis.
**Elizabeth Birch vs 764 Enno Sander**
Answer filed.
**Jno K Walker's admr vs 387 Jas B Walker**
Answer filed.
**K MacKenzie vs P Scanlan etal**
Answer filed.
**Reuben Cleveland vs 35 James George**
Answer filed.
**Joshua W Owings vs 487 Lorenzo P Sanger etal**
Answer of J and A Arnot filed.
**Wm W Harnaker vs 673. Stephen Haskell etal**
Answer filed.
**Mathew S Fife etal vs 636. Richd C Shakelford**
Answer filed.
**Jane Gallagher vs 465 Henry Kattelman**
Answer filed.
**Leicester Babock vs 493. Jacob Fritschle etal**
The defendants file separate answers herein.
**Jno C Evins vs Thos M Adam**
Answer filed.
**S Kehrman vs 527 Jno Ichtertz**
Answer filed.
**Citizens Bank of Stubenville vs 377 Jno B Carson**
Answer filed.
**Geo Walton vs 171 Wm C Murphy**
Motion to amend answer filed.
**Jno W Darby vs 399 Perry Connell**
Agreement filed and until the Eighth instant to answer by consent.
**Jno H Russell vs 680 Nicholas Devoy etal**
Demurrer filed.
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**Viewer Page 75** (rcdbook1859_29_0074.jpg)
> Handwritten Page Number on Record Book: 67
Court met pursuant to adjournment. Present as before.
**Francis M Faul etal vs 294 The St Louis Alton and Chicago Rail Road Company**
On motion of the plaintiffs, by thier attorney, it is ordered by the Court that the Sheriff assign the bond, given for the production of the property attached, to the said plaintiff.
**F Jacoby etal vs 622 F Lemay etal**
Answer filed.
**Wm H Cole vs 69 St Bt Editor**
Answer filed.
**Marie Sinel vs 388 Peter Wegman**
Answer filed.
**A H VanWarmer vs 784 L S Elliott etal**
Answer and Counterclaim and Exhibit filed.
**James F Mauntel etal vs 714 Herman H Rolfes**
Answer filed.
**Chas H Teichmann etal vs 795 Jacob W Hoge**
Plea is abatement filed.
**Chas N Fisse vs 683 Jacob W Hoge**
Plea in abatement filed.
**H A Homeyer etal vs 675 Jacob W Hoge**
Plea in abatement filed.
**Isidor Bush etal vs 676 Jocob W Hoge**
Plea in abatement filed.
**Chas D Johnson etal vs 429 Charles Marlow**
Answer filed.
**James P Langford etal vs 645 Merrimack Toll Bridge Co**
Answer filed.
**James A Yore vs 615 Geo W Manning**
Answer filed.
**Henry S Townsley vs 757 Job S White**
Answer filed.
**Eleager J Beard etal vs 578 Fred Meyer etal**
Answer filed.
**Hober Livermore etal vs 537 High Lackey**
Answer filed.
**Francis H Manter vs Michall Heitz and George Heitz**
On notes.
Now comes the plaintiff, by 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 plaintiff in the sum of four hundred and twenty five dollars and thirty 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: and it is ordered that this judgment bear interest at ten per cent per annum until paid.
**Francis Kohr vs 83 Steam Boat Spread Eagle**
On motion until the sixth instant is given defendant to plead.
**Samuel Penberthy etal vs 309 John Stewart etal**
On motion until the tenth instant is given defendant to plead.
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**Viewer Page 76** (rcdbook1859_29_0075.jpg)
> Handwritten Page Number on Record Book: 68
**Theron Barnum etal vs 326 Benjamin W Grover**
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 plaintiff, the petition is taken against him as confessed.
**The Boatmans Savings Institution. vs 708 Charles H Ashby and Watter B Morris**
Note.
Now comes the plaintiff, by its Attorney, but the defendant, Morris, although duly summoned and called, comes not but makes dafault, wherefore the petition herein is taken against him as confused: and the Court finds from the instrument in writing on which this action is found that the defendants are indebted to the plaintiff, in the sum of fifteen hundred and seventy one dollars and seventy 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 therefor.
**Leakin D Baker etal vs 297 Thaddeus K Mills**
Default.
Now comes the plaintiffs, by their Attorney, but the defendant, although duly summoned and called, come not but makes default, wherefore the petition herein is taken against him as confessed.
**Caroline Meyers vs William C Malloy etal**
Default.
Now come the plaintiff, by her Attorney, but the defendant, William C Malloy, 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 be taken against said defendant as confessed.
**Frederick Stumpf vs 230 Theodore Albert Thomas**
On motion of the defendant, by Attorney, until the sixth instant is given him to plead.
**James Woods etal vs 640 George Conch, John L Chandler and Thomas J Hutton**
Default.
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 so confessed.
**Caspar Wiegand vs 449 James Coff, Christian Kreuger, John Whitehill and John W Hathaway**
On motion of the defendant, by Attorney, until the tenth instant is given them to plead.
**Michael Larkin vs 275 Patrick M Cann**
On motion of the defendant, until tenth instant is given to plead, and he thereupon files a motion for security for costs and also a demurrer herein.
**Jacob W Kurtzborn vs 605. Philip Burg etal**
On motion of plaintiff, by Attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefor.
**Caleb Rice vs 208 Geo W Hungerford**
Until seventeenth instant is given to reply to answer.
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**Viewer Page 77** (rcdbook1859_29_0076.jpg)
> Handwritten Page Number on Record Book: 69
**Caleb Rice vs 209 D Robt Barclay**
Until Seventeenth instant is given plaintiff to reply to answer.
**Joseph Oker vs 758 Adam Hammer etal**
The defendants file a motion to dismiss, and the plaintiff files a bond for costs with James R Lackland, as security, which bond is approved.
**Theodore Rodrig vs 620 Michael O Bourke**
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore, the petition herein is taken against him as confessed.
**Harriet Hardaway vs 328 Chatfield Hardaway**
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 plaintiff, the petition herein is taken against him as confessed.
**Lumira Jane Lipscomb vs 305 Patrick H Lipscomb**
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed.
**John Renfrew etal vs 400 St Bt Alongo Child**
Default.
Now come the plaintiff, by their Attorney, but the defendant, although duly called comes not nor has it answered herein whrefore the complaint herein is taken against the said defendant as confessed.
**Louis R Benoist etal vs Lydia M Rector etal**
The defendants, Mary Garnier and John Hogan, by leave of Court first had and obtained file an additional and supplemental answer to plaintiff second amended complaint.
**Eva Catharine Coring vs 524 Peter H Coring**
Default.
Now comes the plaintiff, by her Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Samuel N Holliday vs 616 William Lingo etal**
Default.
Now comes the plaintiff, in person, but the defendant, William Lings, although duly summoned and called, comes not but makes default, wherefore, the petition is taken against him as confessed.
**John G Millimann vs 646 Ignatz Becker**
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him a confessed.
**Mary Hoppe vs 463 Wendel Hoppe**
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed.
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**Viewer Page 78** (rcdbook1859_29_0077.jpg)
> Handwritten Page Number on Record Book: 70
**Carl Schlosstein vs 416 Philippine Schlosstein**
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not, but makes default, wherefore the petition herein is taken against her as confessed.
**First Wards Savings Institution vs 774 Patrick E Burke**
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, makes default, wherefore the petition herein is taken against him as confessed.
**Andrew C Peckham vs 650 William W Farmer**
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Charles D Coleman vs 753 William W Farmer**
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not, but makes default, wherefore the petition herein is taken against him as confessed.
**John G Lare vs 637 Joseph C Parks**
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Augustus N Louis vs 781 John F Hague**
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Amos Rees etal vs 332 Mary R Dupresne**
By consent of parties until the eighth instant is given to plead herein.
**The Hazard Powder Company vs 541 Patrick Long**
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed.
**David C Andrews vs 341 Ariadne Andrews**
Now comes the plaintiff, by his Attorney, total files proof satisfactory to the Court that the order of publication has been duly published according to law.
**Geo W Zimmerman vs 207 Danl D Page etal**
On motion of plaintiff ordered that a pluries summons issue for Edward Wyman.
**Norman Cutter vs William Waddingham etal**
Plea filed by City of St Louis.
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**Viewer Page 79** (rcdbook1859_29_0078.jpg)
> Handwritten Page Number on Record Book: 71
**The Meriden Brittannia Company vs 698 Corneluis D Sullivan and Jere T Sullivan**
On Note.
Now comes the plaintiff, by its Attorney, but the defendants, although duly summoned and called, come not but make default, wherefore 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 three hundred and ninety two dollars and thirty five 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 thereof execution therefor.
**John F Marmtel, Henry Bulte and Matthias Grassmuck vs 712 Peter Grassmuck**
On Note.
Now come the plaintiffs, by their Attorney, but the defendant although duly summoned and called, come not but make default, wherefore the Court doth find 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 eighteen dollars and forty three cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and their costs herein expended and have execution therefor.
**John F Mauntel, Henry Bulte, and Matthias Becker vs 713 Francis H Zimmermann**
On Note.
Now come the plaintiff, by their Attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the Court doth find 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 eleven dollars and ten cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and their costs herein expended and have execution therefor.
**The Merchants Bank of St Louis vs 761 Levi Van Reed and John H Fisher**
On Note.
Now comes the plaintiff, by its Attorney, but the defendants, although duly summoned and called, come not but make default, wherefore 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 seven hundred and thirty six dollars. 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.
**John B Bogert vs 663 Antoine Thebeau, Louis Burk, and Joseph Thebeau**
On Note.
Now comes the plaintiff, by his Attorney, but the defendants, although duly summoned and called, come not, but make default, wherefore 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 three hundred and six dollars. 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.
**John J Halliday vs 685 Eugene Longuemare, Henry C Lynch, George W Lynch and Philip D Gordon**
On Note.
Now comes the plaintiff, by his Attorney, but the defendants although duly summoned and called, come not but make default, wherefore 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 four hundred and nineteen dollars and forty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and also his costs herein expended and have execution therefor: and it is ordered that this judgment bear ten per cent per annum interest until paid.
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**Viewer Page 80** (rcdbook1859_29_0079.jpg)
> Handwritten Page Number on Record Book: 72
**The first Ward Savings Institution vs 777 George Hauk and George Eberle**
On Note.
Now comes the plaintiff, by its Attorney, but the defendants, although duly summoned and called, come not but make default, wherefore, 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 seventy six dollars and ten 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 therefor.
**The First Ward Savings Institution vs 776 Berthold Vennewitz, Edward Augustin and Charles Young**
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 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 four and eighteen dollars and ten 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 therefor.
**John Dillon vs 100 David Rowe**
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore 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 fifty six dollars and fifty eight 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: and it is ordered that this judgment bear interest at ten per cent per annum until paid.
**John Huffman vs 785 William T F Denny, Samuel Denny and Joseph A Berry**
On Note.
Now comes the plaintiff, by his Attorney, and dismisses this suit as to William T F Denny and Samuel Denny, and the defendant, Berry, still being in default, the Court finds from the instrument in writing on which this action is founded that the said defendant is indebted to the plaintiff in the sum of nine hundred and sixty dollars. It is therefore considered by the Court that the plaintiff recover of the said defendant the debt 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 execution therefor.
**Samuel F Dolman vs 486 Thomas Kelty and Thomas H M Entee**
On Note.
Now comes the plaintiff, by his Attorney, but the defendants, although duly summoned and called, come not but make default, wherefore 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 eighty four dollars and seventy five. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as found and his costs herein expended and have execution therefor.
**James V Westlake and Appleton A Button vs 471 Samuel W Crawford, George B Boomer, and George G Pride.**
On Note.
Now come the plaintiff, by thier Attorney, and dismiss this suit as to George G Pride, but the other defendants although duly summoned and called comes not but make default, wherefore the Court doth find from the note herein that the defendants are indebted to the plaintiff in the sum of two hundred and thirty five dolars and seventy two 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. Judgment to bear ten per cent interest.
---
**Viewer Page 81** (rcdbook1859_29_0080.jpg)
> Handwritten Page Number on Record Book: 73
**Joseph Weil etal vs 520 August Buresch and Louis Muff**
Dismissal. Default.
Now come the plaintiffs, by their Attorney, and dismiss this suit as to the defendant, Buresch, but the defendant, Louis Muff, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Thomas G Gaylord and Benjamin B Gaylord vs 603 Nicol Raynor and George Kyler**
On notes.
Now come the plaintiffs, by their Attorney, but the defendants, although duly summoned and called, come not but make default, wherefore 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 fifteen hundred and ninety three dollars and twelve 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: and it is ordered that this judgment bear ten per cent per annum interest.
**John D Daggett vs 477. Heinrich Busemeyer and Philipp Walther**
On Note.
Now comes the plaintiff, by his Attorney, but the defendants, although duly summoned and called, come not but make default, wherefore the Court finds from the instrument in writing on which this action is founded that that the defendants are indebted to the plaintiff in the sum of five hundred and sixty two dollars and sixty seven 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, and it is ordered that this judgment bear interest at ten per cent per annum.
**David W Fenton, Aaron Fenton and Benjamin Fenton vs 266 Anton Jaeger, John Neff, and Bartholomew Reis**
On note.
Now come the plaintiffs, by their Attorney, and dismiss this suit as to Bartholomew Reis, but the defendants, Jaeger and Neff, although duly summoned and called, come not, but make default, wherefore 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 three hundred and eleven dollars and seven 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.
**John D Lipphardt vs 764 A William Streit, Andrew Reinstaedtler and Michael Diefenbach.**
On note.
Now comes the plaintiff by his Attorney, but the defendants, Streit and Diefenbach, although duly summoned and called come not but make default; 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 seventy 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 execution therefor.
**Francisca Deis vs 292. John W Seubert and Albert Feger**
On note.
Now comes the plaintiff, by her Attorney, but the defendants, although duly summoned and called, come not but make default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendants owe plaintiff two hundred and twenty two dollars and forty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and her costs herein expended and have execution therefor.
**James Porter etal vs 177. William Tyler**
Default.
Now come the plaintiffs, by Attorney, but the defendant, although duly summoned and called, comes not, but makes default, wherefore the petition herein is taken against him as confessed.
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**Viewer Page 82** (rcdbook1859_29_0081.jpg)
> Handwritten Page Number on Record Book: 74
**Patrick L Rogers and Aaron Raymond vs 363 Thomas Richards**
On Notes.
Now come the plaintiffs, by their Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court finds from the notes on which this suit is founded that the defendant is indebted to the plaintiffs in the sum of six hundred and two dollars and sixty eight 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 execution therefor.
**Alfred Fassett and J W Fassett vs 366 Charles Creley**
On Notes.
Now come the plaintiffs, by their Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court doth find from the instruments in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of eleven hundred and fifty nine dollars and seventy four 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 execution therefor.
**Sherman J Bacon, Samuel T Hyde, Edmund C Pike and George Erskine vs 104 Terre Haute Alton and St. Louis Rail Road Company.**
On Note.
Now come the plaintiffs, by their Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore 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 sixteen hundred and forty five dollars and sixty eight 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 execution therefor.
**Constantine Schnerr vs 692 Philip Schlaltweiler etal**
Now comes the plaintiff, by Attorney, but the defendants, Charles Dewald and Philip Schlaltweiler, although duly summoned and called, come not but make default, wherefore the petition herein is taken against them as confessed.
**Charles Collins etal vs 26 Rice S M Cubbin etal**
On motion of plaintiffs, it is ordered by the Court that this cause be dismissed at their costs and that execution issue therefor. By leave plaintiffs withdraw notes and on.
**Charles Collins etal vs 25 Rice S M Cubbin etal**
On motion of plaintiffs, it is ordered by the Court that this cause be dismissed at their costs herein and that execution issue therefor. By leave plaintiffs withdraw notes sued on.
**Pierre E Brulatour vs 110 William O Wheeler and John N Boffinger**
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 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 in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of eight hundred and ninety five dollars and one cent. 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 in this behalf expended and have execution therefor.
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**Viewer Page 83** (rcdbook1859_29_0082.jpg)
> Handwritten Page Number on Record Book: 75
**George Clemens vs 765. Francis J Mittenberger, John Peter G'Sell and Joseph Hirtzlin**
On note.
Now comes the plaintiff, by his Attorney, but the defendant Hirtzlin, 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 defendants are indebted to the plaintiff in the sum of two hundred and eighty four dollars and ten 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; and it is ordered that this judgment bear ten percent interest until paid.
**George N Beard and Eleazer J Beard vs 51 William B Olmstead, Collins D White, and A C Ketchum**
Order of Publication. Attachment.
Now come the plaintiffs, by their Attorney, and on their motion, it is ordered that the defendant, Collins D White, be notified that a civil action has been commenced against for the sum of two hundred and two dollars and thirty cents, on account of a promissory note of which the plaintiffs are the holders; 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 first 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 St. Louis Evening Bulletin, a newspaper printed and published in the City of St. Louis: but the defendants, William B Olmstead and A C Ketchum, although duly summoned and called come not, but make default, wherefore on motion of said plaintiffs, it is ordered by the Court that the petition herein be taken against the said defendants as confessed. Continued.
**Leonard R Sargent vs 125 William W Morris etal**
On motion of plaintiff, ordered that an alias summons issue for Wm W Morris returnable to the next term of this Court.
**William Schergens vs 454 Charles Marlow**
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Frederick Schulenburg and Adolphus Boeckeler vs 638 James Stewart and John Philips**
On note.
Now come the plaintiffs, by their Attorney, but the defendants although duly summoned and called, come not but make default, wherefore 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 four dollars and seventy 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.
**Carlos S Greeley etal vs 788 Adam Hammer & Dominick Urban**
Now come the plaintiffs, by their Attorney, but the defendants, although duly summoned and called, come not but make default, wherefore the petition is taken against them as confessed.
**Otis West vs 127 John Levin and John Corcoran**
Now comes the plaintiff, by his Attorney, but the defendants, although duly summoned and called, come not but make default, wherefore the petition herein is taken against them as confessed.
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**Viewer Page 84** (rcdbook1859_29_0083.jpg)
> Handwritten Page Number on Record Book: 76
**James Cohick administrator of David M Martin vs 37 John B H Beale and James C Edwards**
On note.
Now comes the plaintiff, by his Attorney, but the defendants, although duly summoned and called, come not but make default, wherefore the Court finds from the note on which this action is founded that the defendants are indebted to the plaintiff in the sum of three hundred and fifty nine dollars and sixty 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.
**William Price vs 8 Benton P Jackson**
On note.
Now comes the plaintiff, by his Attorney, and files proof satisfactory to the Court that the order of publication made herein has been published, according to law, but the defendant, although duly warned 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 plaintiff in the sum of fifteen hundred and twenty nine dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and also his costs herein expended and also ten per cent per annum from this date until paid and have execution therefor against the property attached.
**Henry A Turner vs 9 Benton P Jackson**
On notes.
Now comes the plaintiff, by his Attorney, and files proof satisfactory to the Court that the order of publication made herein has been published according to law, but the defendant although duly warned and called, comes not but makes default, 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 fourteen hundred and eighty three dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and also his costs in this behalf expended and have execution therefor against the property attached.
**Isaac Walker vs 530 Martin Burke and James B Walsh**
Now comes the plaintiff, by his Attorney, but the defendants, although duly summoned and called, come not but make default, wherefore the petition herein is taken against them as confessed.
**William Lohrman vs 697 Frederick Kerzinger and Andreas Krautter and L V Reed**
On note.
Now comes the plaintiff, by his Attorney, and dismiss this suit as to L V Reed, but the defendant, Andreas Krautter, although duly summoned and called comes not but makes default, wherefore the petition is taken against him as confessed; and the other defendant still being in default, 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 dollars and forty two cents. It is therefore considered the Court that the plaintiff recover of the defendants the debt aforesaid as found and his costs herein expended and have execution therefor.
**Theodore Kalb vs 523 Martin Stadler**
Now comes the plaintiff, by Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition is taken against him as confessed.
**Louis Roever vs 542 Peter Lang**
Now comes the plaintiff, by Attorney, but the defendant, although duly summoned and called comes not but makes, default, wherefore the petition is taken against him as confessed.
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**Viewer Page 85** (rcdbook1859_29_0084.jpg)
> Handwritten Page Number on Record Book: 77
**Catharine Klute administratrix of Henry Klute vs 555 Joseph G Shands**
Now comes the plaintiff, by her Attorney, but the defendant although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Arthur Olshausen, Jacob Blattner and Human Laumeier, trustees of the United States Savings Association vs 696 George P Liebig and Charles Engan**
On note.
Now come the plaintiffs, by their Attorney, but the defendant, Liebeg, 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 defendants are indebted to the plaintiffs in the sum of four hundred and seventeen dollars and ninety 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.
**St. Louis and Iron Mountain Rail Road Company vs 849 Charles L Tucker**
Now at this day come the parties aforesaid, by their respective Attorneys, and the plaintiff files a petition, and no sufficient cause being shown against granting the prayer of the said petitioner, it is therefore ordered that Thomas W Levant, John Maguire, Charles K Dickson, James B Eads and Henry Kayser, be and they are hereby appointed as commissioners to ascertain and appraise the compensation to be made to the said defendant for the real estate proposed to be taken for the uses of the said Company, and the Court doth further appoint the Seventeenth day of October, eighteen hundred and fifty nine, at the hour of ten o'clock in the forenoon of that day, on the premises, as the time and place for the first meeting of said Commissioners.
**West Richardson vs 464 James George**
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed.
**John Kinnard Sr etal vs 134. J M Patton**
Now come the plaintiffs, by their Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Thomas L Clarke and Henry L Clarke vs 418 A Titus**
Order of Publication. Attachment.
On motion of the plaintiffs, by their Attorney, it is ordered, that the defendant, be notified that a civil action has been commenced against him for the sum of five thousand three hundred and fifteen dollars and forty nine dollars on account of three hundred bags of coffee sold and delivered by the plaintiffs to the defendant for which the defendant executed and delivered to the plaintiffs his promissory 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, within and for the County of St. Louis, on the first 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.
---
**Viewer Page 86** (rcdbook1859_29_0085.jpg)
> Handwritten Page Number on Record Book: 78
**James D Leonard vs 406 John B Desmoulin**
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called comes not, but makes default, wherefore the petition herein is taken against him as confessed.
**Christopher W Spalding vs 370 Chas E Salomon County Surveyor of St. Louis County.**
Now comes the plaintiff, but the defendant, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Isaac Weil etal vs 207 Chas Landzettle etal**
Now comes the plaintiffs, by their Attorney, but the defendants, although duly summoned and called, come not but made default, wherefore the petition herein is taken against them as confessed.
**William F Enders and John W Bigelow vs 668 James H Gordon**
On note.
Now come the plaintiffs, by their Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendant owes the plaintiffs the sum of three hundred and forty three dollars and eighty five 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 execution therefor.
**Richard R Field, Rauben Beardslee, John K Field, Isaac W Field and Phineas Beardslee vs 39 Gerard H Sand and John H Fischer**
On notes.
Now come the plaintiffs, by their Attorney, but the defendants, although duly summoned and called, come not but make default, wherefore the Court finds from the notes herein that the defendants are indebt to the plaintiffs in the sum of twenty six hundred and eighty seven dollars and forty 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.
**William Hirschorn and Louis Hirschorn vs 699 John H Fisher**
On note.
Now come the plaintiffs, by their Attorney, but the defendant although duly summoned and called comes not but makes default, wherefore the Court finds from the note herein that the defendant owes the plaintiffs Seven hundred and twenty five dollars and twenty seven 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 execution therefor.
**Laureston R Livington, William B Copeland, James K Moorehead, Calvin Adams and vs 700 Emile F Kraft and Otto Kraft**
On note.
Now come the plaintiffs, by their Attorney, but the defendants, although duly summoned and called, come not but make default, wherefore the Court finds from the note herein that defendants owe plaintiffs three hundred and thirty dollars and seventy nine 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.
**John Wolff etal vs 744 Jno B Bayer**
On motion ordered that an alias Summons issue herein.
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**Viewer Page 87** (rcdbook1859_29_0086.jpg)
> Handwritten Page Number on Record Book: 79
**The St. Louis Lumbermen and Mechanics Insurance Company vs 745 William O Shands and Edward W Shands**
On note.
Now comes the plaintiff, by its Attorney, but the defendants, although duly summoned and called, come not but make default, wherefore the Court finds from the note herein that the defendants owe plaintiff two hundred and eighty dollars and forty six cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as found and also its costs in this behalf expended and have execution therefor.
**M Kelly vs 286 Edward Krausnick**
On Bill of Exchange.
Now comes the plaintiff, by its Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court finds from the Bill of Exchange herein that defendant owes plaintiff one hundred and eighty three dollars and nine 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.
**Michael Lynch vs 267 Patrick Conway.**
On notes.
Now comes the plaintiff, by Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court finds from the notes herein that defendant owes plaintiff twelve hundred and sixty dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of defendant the debt aforesaid and his costs herein expended and have execution therefor, and it is ordered that this judgment bear ten percent interest.
**Michael Reese vs 260 Daniel D Page and Henry D Bacon**
On certificates of deposit.
Now comes the plaintiff, by his Attorney, but the defendants although duly summoned and called, come not but make default, wherefore 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 forty six hundred and eighty three dollars and twenty five cents. It is therefore considered by the Court that the plaintiff recover of defendants the debt aforesaid and his costs herein expended and have execution therefor; and it is ordered that this judgment bear interest at ten per cent per annum.
**Leander Lawrence vs 630 Alexander L Tyler and William Tyler**
On notes.
Now comes the plaintiff, by Attorney, but the defendant, Alex L Tyler, although duly summoned and called comes not but makes default, and the other defendant still being in default, the Court finds from the notes herein that the defendants are indebted to the plaintiff in the Court of thirteen hundred and forty eight dollars and sixty one 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.
**Robert P Clark vs 757 Isaac L West**
On note.
Now comes the plaintiff, by Attorney, but the defendant, although duly summoned and called comes not but make default, wherefore the Court finds from the note herein that the defendant owes the plaintiff in the sum of six hundred and twenty six dollars and eleven cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid and his costs herein expended and have execution therefor, and that this judgment bear ten percent per annum interest.
**William Blake vs 672 William M Murtry**
On notes. Now comes the plaintiff, by its Attorney, but the defendant although duly summoned and called comes not but make default, wherefore the Court finds from the notes herein that the defendant owes the plaintiff twenty hundred and twenty dollars and eighteen cents. It is therefore considered by the Court that the plaintiff recover of defendant the debt aforesaid and his costs herein expended and have execution therefor.
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**Viewer Page 88** (rcdbook1859_29_0087.jpg)
> Handwritten Page Number on Record Book: 80
**Thomas G Gaylord and Benjamin B Gaylord vs 739 Christian Schaffler, Lorentz Schaffler and Edward Boyle**
On notes.
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 instruments in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of thirty one hundred and sixty six dollars and eighty 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.
**Isaac Bruce and Benjamin Bruce vs 642 Frederick Meyer and Moses Meyer**
On Bills of Exchange.
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 instruments in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of thirty four hundred and six dollars and fifty five 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; and it is ordered that this judgment bear interest at ten per cent per annum.
**John H Smith vs 64 B Hysinger**
The plaintiff files proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
**Samuel Gaty vs Isaac L Downs etal garns**
The garnishees, A L Sweet, Geo E Hawley, and G B Sweet, file motions and exceptions to interrogatories and also answers herein.
**Joseph Charles etal vs G B Sweet etal garns**
Answers of G B Sweet, A L Sweet and Geo E Hawley.
**Sherman J Bacon etal vs Fredk M Colburn etal garns**
Answer of Jno F Mauntel and Mauntel Bulte & Co filed.
**Isidor Bush etal vs James Taussig etal garns**
Answer of Chas H Poertner filed.
**C H Teichmann etal vs Jas Taussig etal garns**
Answer of Chas H Poertner filed.
**H A Homeyer etal vs Jas Taussig etal garns**
Answer of Chas H Poertner filed.
**G H Fisse vs Jas Taussig etal garns**
Answer of Charles H Poertner filed.
**Benj H Miles etal vs St Bt Diurnal**
Depositions for plaintiffs opened and filed.
**W L Ewing etal vs Louis Butterfield**
Depositions for plaintiffs opened and filed.
**Adam Road vs 731 M Ostertag etal**
Plaintiff files seven exhibits herein.
**Robt Holmes vs 691 Fred K Maw**
Answer filed.
**Jacob Rosenbaum vs 543 Chas Banmann**
Answer Filed.
**Sarah Wetherill etal vs 122 T A Hunt**
Answer filed.
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**Viewer Page 89** (rcdbook1859_29_0088.jpg)
> Handwritten Page Number on Record Book: 81
**Wm J Norris vs 216 James Price etal**
Answer filed.
**Benj F Edwards vs 587 Jas C Musick**
Answer filed.
**W, Johnson vs 198 Chas U Pebb etal**
Demurrer filed.
**State use of Matthew vs 566 James Coff etal**
Motion for security for costs and also demurrer filed.
**Simon Sandhelm vs 123 Fredk Rohlfs**
Motion for security for costs and demurrer filed.
**James Rogers etal vs Thos Grey's admr**
Appeal from Probate Court filed.
**George B Cooper vs St Louis Alton and Chicago Rail Road Company**
On Execution.
On motion of garnishees Benj F Stout and Samuel Moody, by Shreve and Boyce, Attorneys, it is ordered by the Court that they be discharged at plaintiff's costs and that execution issue therefor. Five dollars allowed each of said garnishees.
**Henry White vs Geo J King etal**
On Execution.
Thomas Salisbury, by Grover Attorney, files proof of service of garnishment, and on his motion, it is ordered that he be discharged at plaintiffs costs and that execution issue therefor: five dollars is allowed garnishee for appearing.
**William S M Knight, Mathew S Fife and James W Richardson vs 85 John F Boy**
On Judgment.
Now come the plaintiffs, by their Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition is taken against him as confessed; and plaintiffs submit this cause to the Court and the Court finds from the proofs that the defendant is indebted to the plaintiffs in the sum of five hundred and ninety dollars and one cent. 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 execution therefor.
**Theodore Hill vs G T Theobald**
On Execution.
On motion of garnishees, E Miltenberger & Co, ordered that they be discharged at plaintiffs and execution issue therefor. Five dollars allowed for appearing.
**Abraham Hammer vs 721 Edward Morgan**
On motion until tenth instant is given to answer herein.
**Abraham Hite vs 612 R F Bridwell**
The plaintiff comes, by Attorney, 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.
**William F Enders etal vs 772 Thos M Taylor**
The defendant withdraws his demurrer and files an answer herein.
---
**Viewer Page 90** (rcdbook1859_29_0089.jpg)
> Handwritten Page Number on Record Book: 82
**Norman Cutter vs 61 William Waddingham, James Clemens etal**
Ejectment.
Now at this day come the parties, by their respective Attorneys, and thereupon come also a jury, to wit; William H Keller, Thomas H Buridge, L D Holmes, Morris Pawley, Henry A Mueller, William W Jones, Christian Rolfing, Archibald Woodruff, John J Adams, George Hill, William A Sharkey and Philip P Berry, twelve good and lawful men, who being duly elected, tried and sworn the issues herein joined well and truly to try, further proceedings were continued until to morrow morning.
Court met pursuant to adjournment. Present as before.
**Henry Pettes vs 563. Matthew Ashdown**
On note. Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and three times solemnly called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Thomas Cash Jr vs 600 Frederick Meyer and Joel Ballard**
On note.
Now comes the plaintiff, by his Attorney, and dismisses this suit as to defendant, Ballard, but the defendant, Meyer, although duly summoned and called comes not but makes default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendant owes the plaintiff the sum of six hundred and fifty dollars and sixty 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.
**Timothy Conroy vs 79 Margaret Conroy**
Default.
The plaintiff, by his Attorney, files proof satisfactory to the Court that the order of publication made herein has been duly published according to law, but the although duly warned and called comes not but makes default, wherefore the petition herein is taken against her as confessed.
**Thomas Boylan etal vs 20 Steamboat Laclede**
Default.
The plaintiffs come, by Attorney, but the defendant comes not but makes default, wherefore the complaint is taken against it as confessed.
**William P Prescott etal vs 778 John L Chandler etal**
Now come the plaintiffs, by Attorney, but the defendant, Chandler, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed: On motion of plaintiffs ordered that an alias Summons issue for Geo Couch.
**Luther C Clark etal vs 814 Carlos S Greeley etal garns**
On motion until the fifteenth instant is given to answer herein.
---
**Viewer Page 91** (rcdbook1859_29_0090.jpg)
> Handwritten Page Number on Record Book: 83
**Francis Althorf and Julius Ahlborn vs 724 Moritz Schuster**
On note.
Now come the plaintiff, by their Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendants owe the plaintiff five hundred and seven dollars and eighty cents. It is therefor considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and their costs herein expended and have execution therefor.
**Henry F Burrows, Levis A Burrows, and Egbert S Richards vs 174 Mayar Goldsoll**
On notes.
Now come the plaintiffs, by their Attorney, but the defendant 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 notes herein that the defendant owes the plaintiffs seven hundred and ninety nine dollars and eighty nine 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 execution: and it is ordered that the Sheriff pay plaintiffs the amount arising from the sale of the property attached herein.
**Robert T Wilde and John F Seaman vs 173. Mayer Goldsoll**
On notes and Account.
Now come the plaintiffs, by their Attorney, and dismiss this suit as to third count of petition, but the defendant, 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 instruments in writing on which this action is founded that the defendant owes plaintiffs Eight Hundred and seventy two dollars and sixty five cents: therefore the Court consider that the plaintiffs recover of the defendant the debt aforesaid as found and their costs herein expended and have execution therefor: and it is ordered that the Sheriff pay the plantiffs the proceeds of the sale of the property attached.
**William F Enders and John W Bigelow vs 669 Thomas C Stroup**
On Note.
Now come the plaintiffs, by their Attorney, but the defendant, although duly summoned and called comes not but make default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendant owes the plaintiff the sum of two hundred and sixty six dollars and seventy five cents. It is therefore considered by the Court that they plaintiff recover of the defendant the debt aforesaid as found and their costs herein expended and have execution therefor: and it is ordered by the Court that this judgment bear ten per cent per annum interests.
**Chas D Ellis vs 166 John W Davitt**
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not but make default, wherefore the petition herein to taken against him as confessed.
**Matthew S Fife etal vs 283. John W Davitt**
Default.
Now come the plaintiffs, by their Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Jesse Arnot vs 492 Geo W Goodlett**
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 plaintiff the petition herein is taken against the said defendant as confessed.
---
**Viewer Page 92** (rcdbook1859_29_0091.jpg)
> Handwritten Page Number on Record Book: 84
**Ann O Byrne vs 243 Martin O Byrne**
Default.
Now comes the plaintiff, by her Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Alex J Garesche vs 690 Thomas Bowe etal**
Bry consent of parties it is ordered by the Court that this cause be dismissed at the defendants costs and that execution issue therefor; by consent defendants withdraw the note sued on.
**Louise J Labrecht vs 184 John Labrecht**
On motion of plaintiff, by Attorney, it is ordered by the Court that this cause be dismissed at her costs.
**Alex Beal etal vs 602 Chas Marlow**
The plaintiffs file a bond for costs with S B Kellogg, as security, which is approved.
**Ann C Barnhurst vs 135 Samuel Barnhurst**
Now comes the plaintiff, by her Attorney, but the defendant although duly warned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Adam Road vs 731 Michael Ostertag etal**
Default.
Now comes the plaintiff by his Attorney, but the defendant, Francis Bechler, although duly summoned and called comes not but makes default, wherefore the petition is taken against him as confessed.
**David C Andrews vs 341 Ariadne Andrews**
Default.
Now comes the plaintiff, by his Attorney, but the defendant, although duly warned and called comes not but makes default, wherefore the petition herein is taken against her as confessed. Cause continued.
**Michael S Mepham and William S Mepham vs 6 Jacob Merritt, Robert H Campbell Heny B Merritt and George W Kidd**
Order of Publication.
Now come the plaintiffs, by their Attorney, and it appearing to the Court that the defendants, Robert H Campbell and Henry B Merritt, cannot be served with process, therefore on motion of the plaintiffs, by their Attorney, it is ordered, that the said defendants be notified that a civil action has been commenced against them for the sum of eight hundred and ten dollars and fifteen cents on account of a promissory note executed by the defendants, under the name of Merritt Campbell and Co, to the plaintiffs; 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 Country of St Louis on the first Monday of February next, and on or before the third day thereof, answer to the action aforesaid, according to law, the petition herein will be taken against them as confessed. 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; but the defendant George W Kidd, although duly summoned and called comes not but makes default, wherefore, on motion of plaintiffs, the petition herein is taken against the said defendant as confessed.
**Saml L Moses etal vs 315 John C F Ladew etal**
Default. Now come the plaintiffs, by their Attorney, but the defendants, although duly summoned and called come not but make default, wherefore the petition is taken against them as confessed.
---
**Viewer Page 93** (rcdbook1859_29_0092.jpg)
> Handwritten Page Number on Record Book: 85
**Abraham Blakeslee vs 377 William H Chappell**
Order of Publication. Attachment.
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 one hundred and sixty five dollars, on account of goods sold and delivered by plaintiff to defendant; 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 first Monday of February next, and on or before the third day thereof, and 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.
**Abraham Blakeslee vs 378 John C F Ladew and William H Chappell**
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 one hundred dollars on account of the rent of the second and third stories of building sixty four North Fourth street, and that their property has been attached; and unless they 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 first 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 them and their property sold to satisfy the same. And it is further ordered that a copy hereof be published, according to law in the Missouri Democrat, a newspaper printed and published in the City of St. Louis.
**Wood W M Camant vs 705 Dabney C Riddick etal**
On motion of the plaintiff, by Attorney, leave is given the Sheriff to amend his return herein, which is done.
**Henry N Hart vs 850 Benjamin F Beasley**
Confession of Judgment.
Now comes the defendant and files a duly verified statement confessing himself indebted to the plaintiff in the sum of seven hundred and twenty three dollars and twenty five cents and authorizing the entering up of judgment therefor. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as confessed and his costs herein expended and have execution therefor.
**Louis C Billon vs Dabney C Riddick and Thomas C Fletcher**
On note.
Now comes the plaintiff by his Attorney, but the defendants, although duly summoned and called come not but make default, wherefore 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 six 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 therefor.
**David Strudel's admr vs 34 Gerhard Bensberg etal**
Order of Publication. Affidavit filed.
On motion of the plaintiff, by Attorney, it is ordered by the Court that the defendant, Otto Igel, be notified that a civil action has been commenced against him for the sum of seven hundred and ten dollars and sixty cents on account of a promissory note, and unless he appear at the next term of the Court to begun and held at the City of St. Louis, within and for the County of St. Louis on the first Monday of February next and on or before the third day thereof answer to the action aforesaid, according to law, the petition herein will be taken against him as confessed. And it is further ordered that a copy hereof be published according to law in the Missouri Democrat, a newspaper printed in the City of St. Louis.
---
**Viewer Page 94** (rcdbook1859_29_0093.jpg)
> Handwritten Page Number on Record Book: 86
**John R Bart vs 161 Doctor Charles Hutawa, Gustavus Waagner, and George Smizer**
Order of Publication.
It appearing to the Court that the defendant, Doctor Charles Hutawa, cannot be summoned herein, therefore on motion of the plaintiff, by his Attorney, it is ordered that the said defendant be notified that a civil action has been commenced against him for the sum of three hundred dollars and interest on account of a promissory note, 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 first Monday of February next and on or before the third day thereof answer to the action aforesaid, according to law, the petition herein will be taken against him as confessed. 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: but the defendant George Smizer, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed; and on motion of plaintiff, it is ordered that an alias Summons issue for the defendant, Wagner.
**Josiah Thornburgh vs 432 John W Darby and John H Tiu**
Default.
Now comes the plaintiff, by his Attorney, but the defendants, although duly summoned and called come not but make default, wherefore the petition herein is taken against them as confessed.
**George D English and James S English vs 464 Hiram A Pryor and John S Thompson**
On note.
Now come the plaintiffs, by their Attorney, but the defendants, although duly duly summoned and called come not but make default, wherefore 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 five dollars and 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.
**Stephen Haskell and James M Franciscus vs 632 John Ichtertz and James R Bull**
On note.
Now come the plaintiffs, by their Attorney, but the defendants, although duly summoned and called come not but make default, wherefore the Court finds from the note herein that the defendants owe the plaintiffs the sum of four hundred and eighteen dollars and fifty eight 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.
**Caleb W Baldwin vs 752 Bunard Rawie, Herman Fette, Henry A Fette and J L Weber**
On note.
Now come the plaintiff, by his Attorney, but the defendant, Bunard Rawie, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed; and the other still being in default, the Court finds from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff the sum of five hundred and forty three dollars and eighty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and also his costs herein expended and have execution therefor, and that this judgment bear interest at ten per cent per annum.
**Jas Porter etal vs 176 Francis Jones**
On motion of plaintiffs, it is ordered by the Court that this cause be dismissed at their costs and that execution issue therefor.
**Henry Townsley vs 751 Jobs White**
On motion until fourteenth instant is given plaintiff to reply.
---
**Viewer Page 95** (rcdbook1859_29_0094.jpg)
> Handwritten Page Number on Record Book: 87
**Miguel A Otero vs 519 Henry W Williams**
On Notes.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the Court finds from the instruments in writing on which this action is founded that the defendant owes the plaintiff seven hundred and thirty two dollars and forty 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, and that this judgment bear ten per cent per annum interest.
**Henry Von Phul, James L Waters, and Abraham T Bird vs 746 George Heitz**
On Note.
Now come the plaintiffs, by their Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court finds from the note herein that defendant owes plaintiffs two hundred and one dollars and eighty seven 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.
**Sarah Witherill etal vs 122 F A Hunt**
Motion to strike out answer filed.
**William Lohrman vs 694 John Schreiber, Henry C Katz, and Irwin Z Smith**
The plaintiff remits of the judgment herein thirteen dollars and fifty seven cents.
**George Todd Trustee vs 13 John Nevison**
By Leave of Court first obtained the Sheriff amends his return.
**DeWitt C Sandford etal vs 15 John Nevison**
By Leave of Court first obtained the Sheriff amends his return.
**George D English etal vs 19 John Nevison**
By Leave of Court the Sheriff amends his return.
**Zebulon F Wetzell etal vs 22 John Nevison**
By Leave of Court the Sheriff amends his return.
**John Lowry vs 505 St. Bt Henrietta**
Answer filed.
**Nathan Levy vs 31 John Nevison**
By Leave of Court the Sheriff amends his return.
**Jas Harrison etal vs 684 St Bt Henrietta**
Answer filed.
**Ernst C Anglerodt vs 189 Edwd Dobyns**
Motion to strike out answer and demurrer to counterclaim filed.
**A M Fountain etal vs 181 Geo W Manning etal**
Answer filed by consent and leave.
---
**Viewer Page 96** (rcdbook1859_29_0095.jpg)
> Handwritten Page Number on Record Book: 88
**Samuel Gaty vs 819 Isaac L Downs etal garns**
On motion until the fifteenth instant is given garnishees, Egbert B Brown, Isaac L Downs and G Schwarberg, to answer herein.
**Edward P Tesson vs 559 Wm Sensenderfer etal**
Defendants, Wm and Jno Sensenderfer and Alex Kiemlen file an answer herein.
**John Christopher etal vs 303 Wm P Freeman etal**
Demurrer to part of answer filed.
**Robt Caussere vs 157 Wm A Bassett etal**
Plea in abatement filed by David P Clay.
Peter Lindell, personally known to the Court, acknowledges the execution of a deed of Emancipation to his slave Paul Mosley, aged twenty three, of light color, heavy set about five feet eight inches in height.
Anthony G Miller is admitted and enrolled as a member of this bar.
**Frederick K Lupping vs 508 Frederick Maas and Henry Rohle**
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 plaintiff, the petition herein is 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 owe the plaintiff one hundred and seventy five dollars and thirty six cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and their costs herein expended and have execution therefor: and it is ordered that this judgment bear interest at ten per cent per annum until paid.
**Norman Cutter vs 61 William Waddingham James Clemens etal**
Now come again the parties, by their respective Attorneys, and also the Jurors empanneled and sworn herein, and thereupon the trial progressed but not being finished is laid over until to morrow morning.
---
**Viewer Page 97** (rcdbook1859_29_0096.jpg)
> Handwritten Page Number on Record Book: 89
Court met pursuant to adjournment. Present as before.
Thomas R Robinson, personally known to the Court, acknowledes the execution of a deed of emancipation to his slave Thomas Edwards aged about twenty one years of ordinary black color, about five feet seven and three quarter inches in height.
**Robt S Eddy vs 49 Elizabeth Boylan**
Answer filed.
**Amos Rees etal. vs 332 Mary R Dufresne**
Answer field.
**Wm B Reed vs 396. C Freund**
Answer field.
**James Gorman vs 681 Samuel Gaty etal**
Motion for leave to sue as a poor person filed. Answer filed.
**Joseph A Eddy etal vs 36 Howard M Livinston etal**
The plaintiffs file proof satisfactory to the Court that the order of publication herein has been duly published.
**James V Westlake etal vs 471 Samuel N Crawford etal**
On motion of plaintiffs, by their Attorney, ordered that the judgement herein on the third instant be set aside and vacated.
**James H Eddy vs 52 Joseph A Eddy**
The plaintiffs Attorney suggests the death of the plaintiff, and Mary Jan Eddy, administrator of said plaintiff enters her appearance herein as such.
**John F Thornton etal vs 499 Lyman S Elliott etal**
The defendant Elliott, although duly summoned and called, comes not but makes default, wherefore, on motion of plaintiffs, by Attorney, the petition is taken against said defendant as confessed.
**Thos Allen etal vs 830 J H Alexander etal garns**
Until the twelfth instants is given that to answer herein.
**Chas Hoffman vs Emelia Riehl**
Now comes the Attorney for the plaintiff and suggests the death of said plaintiff since the commencement of this suit.
**Partridge and Company vs John B Carson garns**
The plaintiffs Attorney acknowledges the receipt of full and entire amount of the judgement rendered herein April 14th 1859.
**John P Gould etal vs 93. Geo Trowbridge etal**
Exceptions to deposition of Robt P Effinger filed.
**Stephens Hoyt etal vs William King etal**
Assignment of judgement to Robt M Service filed.
---
**Viewer Page 98** (rcdbook1859_29_0097.jpg)
> Handwritten Page Number on Record Book: 90
**Stephen Hoyt etal vs 843 Ira Todd garns**
Denial of Answer filed.
**Francis Kohe vs 83 St Bt Spread Eagle**
Answer filed.
**Thos B Wing vs F Weston &c garns**
Answer field.
**Samuel Johnston Jr etal vs 158 St Bt Alonzo Child**
Now come the plaintiffs, by this Attorney, but the defendant, although duly called comes not but makes default, wherefore the petition herein is taken against it as confessed.
**Wood W M Camant vs 705 Dabney C Riddick and Eliza M Riddick**
On note.
Now comes the plainitiff, by his Attorney, but the defendants although duly summoned and called come not but make default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendants owe plaintiff four hundred and thirty five dollars and twenty seven 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; and it is ordered that this judgement bear interest at ten per cent per annum.
**Kingston Coal COmpany vs 197 George Goodell**
On motion of plaintiff, by Attorney, ordered that this cause be dismissed at its costs and that execution issue therefor.
**Andrew Krautler vs 547 Francis Peterson**
On notes.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the Court finds from the instruments in writing on which this action is founded that the defendant owes plaintiff nine hundred and eighty one dollars and eighty 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.
**Alonzo Whitney vs 14 Harry Bonfanti**
On note and account.
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, but the defendant although duly warned and called comes not but makes default, wherefore the petition herein is taken against him as confessed: and the plaintiff dismisses this suit so far as the same contains an account; and the Court finds from the note herein that the defendant owes plaintiff five hundred and thirty nine dollars. 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 against the property attached.
**Ellen Gregg vs 154 Robt Gregg**
Now comes the plaintiff, by her Attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Isaac T Greene vs 157 William H Smith etal**
Now comes the plaintiff by his Attorney, but the defendants, although duly summoned and called come not but make default, wherefore the petition herein is taken against them as confessed.
**George Walton vs Wm C Murphy**
Until twenty second instant is given plaintiff to reply.
---
**Viewer Page 99** (rcdbook1859_29_0098.jpg)
> Handwritten Page Number on Record Book: 91
**Adolph Gebhardt vs 562 Peter Joest**
On Note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendant owes the plaintiff four hundred and six dollars and seventy cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and also his costs herein expended and have execution therefor.
**George H Fox vs 253 Amos H Ray**
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**James F Boyd vs 577 Henry Wilder**
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Dexter B Britton and Walter W Webb vs 130 Alonzo Rice**
On Note.
Now come the plaintiffs, by their Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court doth find from the note herein that the defendant owes the plaintiffs five hundred and forty three dollars and seventy eight 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 execution therefor.
**Cyrus M Warren and Herbert M Warren vs 489 L L Kelley**
On note.
Now come the plaintiffs, by their Attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendant owes the plaintiffs four hundred and sixty three dollars and twelve 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 execution therefor.
**John F Darby vs 536 John N Willard**
On notes.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court finds from the instruments in writing on which this action is founded that the defendant owes the plaintiff eight hundred and twenty four dollars and ninety three 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: and it is ordered that this judgment bear ten percent interest.
**Mary Jane Eddy administratrix of James H Eddy vs 53. Joseph A Eddy and Elizabeth Eddy administratrix of Jabish P Eddy**
On note.
Now comes the plaintiff, by her Attorney, but the defendants, although duly summoned and called come not but make default, wherefore 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 seven dollars and eighty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and her costs herein expended and have execution therefor against the defendant Joseph A Eddy: and it is ordered that this judgment bear interest at ten per cent per annum.
---
**Viewer Page 100** (rcdbook1859_29_0099.jpg)
> Handwritten Page Number on Record Book: 92
**Elizabeth Dunham vs 314 Hugh Dunham**
Now comes the plaintiff, by her Attorney, but the defendant, although duly summoned and called comes not but makes default wherefore the petition herein is taken against him as confessed. Cause continued.
**Edward P Tesson vs 783. Lyman S Elliott**
On note.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendant owes the plaintiff two hundred and one dollars and fifty cents. It is therefore considered by theCourt that the plaintiff recover of the defendant the debt aforesaid as found and his costs herein expended and have execution therefor.
**Henry Pettes vs 583. Matthew Ashdown**
On Notes.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court finds from the instruments in writing on which this action is founded that the defendant owes the plaintiff seven hundred and sixty eight dollars and four cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and also his costs herein expended and have execution therefor.
**Thomas S Clark etal vs 172 Thomas H Brierly etal**
Now come the plaintiffs, by their Attorney and dismiss this suit as to the defendants, Frank Kircheval and John Porter, but the defendants, Thomas H Brierly, Joseph Nanson, Holmes Nanson, John Shaw, Charles Baker, Dutch Davis, Benjamin Hutchinson, James L Bissell, Patrick Yore, and John H Burke, although duly summoned and called come not but make default, wherefore the petition is taken against them as confessed.
**Calvin F Burnes vs 852 Charles Marlow**
Now comes the plaintiff and files a petition and also the appearance of the defendant acknowledging service of writ.
**James M Riley etal vs 299 William Wible**
Now come the plaintiffs, by their Attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Joshua V Throop vs 330 The President and Directors of the Bank of Louisville**
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 it for the sum of thirty two hundred dollars on account of the wrongful seizure and disposal of the interest of the plaintiff in the steamboat Cumberland Valley; and that its property has been attached; and unless it 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 first Monday of February next, and on or before the third day thereof, answer to action aforesaid, according to law, judgment will be rendered against it and its property sold to satisfy the same. And it is further ordered that a copy hereof be published accordingly to law in the Missouri Democrat, a newspaper printed and published in the City of St. Louis.
**Roger C M Allister vs 36 Eugene Laveille etal**
Now comes the plaintiff, by his Attorney, but the defendants, although duly summoned and called, come not but make default, wherefore the petition herein is taken against them as confessed.
---
**Viewer Page 101** (rcdbook1859_29_0100.jpg)
> Handwritten Page Number on Record Book: 93
**Joseph H Oglesby vs 651 Ferdinand G Sell**
On notes.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court finds from the instruments in writing on which this action is founded that the defendant owes the plaintiff five hundred and thirty nine dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and also his costs herein expended and have execution therefor.
**Joseph H Oglesby vs 652. Charles Heitz, Adam Schreiker, Michael Heitz, Ezra O English and Abraham Wood**
On note.
Now comes the plaintiff, by his Attorney, and dismisses this suit as to Ezra O English, but the other defendants, although duly summoned and called, come not but make default, wherefore the Court finds from the instruments in writing on which this action is founded that the defendants owe the plaintiff three hundred and eight dollars and nineteen 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? and it is ordered that this judgment bear interest at the rate of ten per cent per annum until paid.
**Hoel H Camp vs 653. Christopher W Spalding**
On Bill of Exchange.
Now comes the plaintiff, by his Attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the Court finds from the instrument on which this action is founded that the defendant owes the plaintiff eleven hundred and seven dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and also his costs herein expended and have execution therefor.
**Samuel Gaty vs 149 The St. Louis Alton and Chicago Rail Road Company**
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 it for the sum of twenty seven hundred and eighty one dollars and fifty three cents on account of two promissory notes, and that its property has been attached; and unless it 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 first 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 it, and its property solds 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.
**John Manly vs 73 Henry Buesmeyer etal**
Now comes the plaintiff, by his Attorney, but the defendants, Henry Buesmeyer and John Nicolay, although duly summoned and called, come not but make default, wherefore the petition herein is taken against them as confessed; on motion of the plaintiff ordered that an alias Summons issue for Fredk Pillman.
**Catharine Fischer vs 10 Adam Fischer**
The plaintiff, by her Attorney, files proof satisfactory to the Court that the order of publication heretofore made in this cause has been duly published, according to law.
**Henry Lut vs 114 Geo Buttner**
The plaintiff, by his Attorney, files proof satisfactory to the Court that the order of publication made herein has been duly published, according to law.
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> Handwritten Page Number on Record Book: 94
**Augustus W Lewis vs 781 John J Hague**
Motion to set aside default and for leave to answer filed.
**A A Van wormer vs 784 L S Elliott etal**
Demurer to answer filed.
**State use of David vs 576 H N Hart etal**
Motion for security for costs filed.
**[Richds ?] F Sass etal vs 274 W Mc Phersen**
Motion for bill of particulars filed. Demurer filed.
**Reese J Thomas vs Henry S Eaton garn.**
Answer filed.
**Norman Cutter vs William Waddingham James Clemens etal**
Now come again the parties by their respective attorneys, and also the Jurors empanneled an sworn herein and thereupon the trial progressed but not being finished is laid over until tomorrow morning.
Court met pursuant to adjournment. Present as before.
**State use of Jno Young vs 578 Theodore Hesselmeyer etal**
answer filed.
**State use of Burnes vs 548 Louis Rower etal**
answer filed.
**John H Span vs 241 S F Tenny**
On motion of plaintiff ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**John H Span vs 824 St Louis Alton and Chicago Rail Road Company garn**
On motion of plaintiff ordered that the garnishee be discharged at his costs and that execution issue therefor.
**Margaret Forster vs 736 Anton Jaeger etal**
Now comes the plaintiff, by her attorney, but the defendant, Jaeger, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**In the matter of Ann Biddle Estate**
Motion to refer filed by Louis G Picot.
**Catharine H Radcliffe vs 81 Fredk E Radcliffe**
Motion to strike out part of petition filed.
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> Handwritten Page Number on Record Book: 95
**Charles E Berrall vs 857 William C Whittingham**
On check.
Now come the plaintiff, by his attorney, and files his petition and also the appearance of the defendant, whereby the said defendant waives the issue and service of process and enters his voluntary appearance to this action and agrees that judgment may be rendered against him; and the Court finds from the petition and the instrument of writing on which this action is founded that the defendant owes the plaintiff seven hundred and fifty eight dollars and thirty one 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.
**John Herron vs 858 George W Putnam and Washington F Adams**
On notes.
Now comes the plaintiff, by his attorney, and files his petition and also the appearance of the defendants, whereby the said defendants waive the issue and service of process and enter their voluntary appearance to this action and consent that judgment be rendered if not settled by the present term of this Court; thereupon the Court finds form the instruments in writing on which this action is founded that the defendants owe the plaintiff sixteen hundred and forty four dollars. 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.
**James Cuddy James M Carpenter and William S Cuddy. vs 129 Steam Boat St Croix**
Complaint.
Now come the plaintiff and defendant and file an agreement and agree that judgment be rendered herein in favor of the plaintiffs for one hundred and thirty seven dollar and ninety one cents. It is therefore considered by the Court that the plaintiffs recover of James H King principal, Benjamin F White and Lee P Shryock, securities, in the bond given for the release of the defendant the sum aforesaid as agreed upon and their costs herein expended and have execution therefor by consent of parties execution is stayed forty days from this date.
**William H Keevil vs 277 George Dunforcle**
Dismissal.
Now come the parties by their respective attorneys, and file an agreement herein in the words and figures following to wit; St Louis August 25th 1859, William H Keevil, plaintiff, vs George Dunford defendant. In the St Louis Circuit Court, Missouri. George Dunford, plaintiff, vs William H Keevil, defendant. In St Louis Court of Common Pleas Missouri. The plaintiff and defendant, in each of the above entitled, suits, anxious to end all litigation and restore former relations of friendship, agree as follows, to wit; 1. That each of said suits be and the same are hereby dismissed, each part to pay their respective costs. 2. And the said Keevil, being now satisfied that he was in error, touching any written or verbal statements heretofore made by him which tended to impeach the moral social or commercial standing and character of said Dunford, with pleasure doth hereby withdraw any such statement. 3. And said Dunford accepts the explanation thus tendered him as satisfactory. 4. And each of said parties promise in good faith to strive in future to forget and forgive all matters of difference and restore their former relations in trade and business. W, H Keevil Geo Dunford. Test. O G Gates: and by consent of parties, it is ordered by the Court that this cause be dismissed, each party paying his own costs, and that execution issue therefor.
**Julius H Smith vs 143. James D Houseman**
William H Osbour, Commissioner, files his report and exhibits, A, B, C, D, E, F, G, H, and I,
Richard J Lockwood who is personally known to the Court, acknowledges the execution of a deed of mancipation to his slave, [Ezerilda Morris ?], a negro man, aged about thirty nine years, of blacker dark mulatts color.
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> Handwritten Page Number on Record Book: 96
**Adeline Goss, Matilda Goss, Frederick Goss, Mary Louisa Goss, and David Goss, by their guardian, Henry Goss, Elizabeth Hoke, and her husband George W Hoke vs James Cohick and Emeline, his wife, Therese Latimer and her husband David Latimer.**
In Partition.
Now come the plaintiffs, by their attorneys, and file their petition and also come the defendants and waiving the issue and service of process file their appearance and answer herein; and the parties submit this cause to the Court upon the petition and answer herein, and the Court having duly heard and considered the same doth as certain and determine that the said Elizabeth Hoke wife of George W Hoke, Emeline, wife of James Cohick, Therese, wife of David Latimer are each entitled in fee simple to one undivided seventh, James Cohick is entitled in fee simple to three undivided sevenths, Adeline Goss, Matilda Goss, Frederick Goss, Mary Louisa Goss, and David Goss are each entitled in fee simple to one thirty fifth of the real estate, situated in the County of St Louis State of Missouri, described in the petition as follows, towit: a tract of land in St Ferdinand Township, being Township 46 Range six East, containing one hundred and ten acres, more or less, and bounded Southwest by land of Bernard McManemy, Southeast by land of Bernard McManemy, North east by land of said M Manemy, and Northwest by land of said M Manemy, being the same tract on which David M Martin resided at the time of his death and the same acquired by him of William Hooper by deed dated March, 12th,1827, and recorded in the Recorders Office of St Louis County in Book N, page 348, in part, and also in part by deed of Thomas Withington, dated May, 14th 1830, and recorded in said Office in Book D No 2 Page 12: Also, a certain other a stone being the Southeast corner of John Hentze's land running with said Hentze line ninety nine and a half rods to a stone, the Northeast corner of Fergus Ferguson land, thence with said Ferguson's line sixty eight and one half rods to a stone, the Southeast corner of said Ferguson land, thence running East with the old line to Bernard McManemy corner on the East of Cold Water creek, thence down said creek with said McManemy line to the beginning corner, and being the same acquired by said David M Martin, of Adam Martin and wife by deed dated January 27th, 1838, and recorded in said office in book D No 2 page 149. 3 also, another tract of land in said Township and Range containing thirty five arpens, beginning at the Southeast corner of E Metzs Surveys running up ten arpens, thence running a Northeastwardly course three arpens and a half across said tract to the Southwest corner of David Martins lands, thence running with the line that separates the same from Indian Rodger's Survey to the Northeast corner of said Metzer Survey, thence to the beginning being the same acquired by said David M Martin of Thomas Washington by deed dated August 29th 1845, and recorded in said Office in Book V No3 page 184: 4 Also, a certain other tract of land in the same Township and Range, containing twenty seven arpens, beginning on the lower comer of George Hall land and winning thence one fourth of an arpen in width to the corner of land. conveyed by Thomas Withington Sr to John Hentz, thence the same width between the said Hall and Hentz the distance of ten arpens, when it joins the land of Samuel D Walton, thence across said land a width of two arpens and across the tract of land owned by Thomas Withington Sr to the outward boundary of land conveyed by said Thomas Withington Sr to Thomas Withington Jr, thence one fourth of an arpen in width to the lower corner of said Hentz lands, where the said space bounds upon the land of David Martin, said tract of land being the same acquired by said David Martin of Elizabeth Withington, Wilson Withington, Thomas Withington, Jr, Thomas Hentz and wife, John Hentz and wife, 5 John Hoke and wife, William Mayers and wife Joseph spalding and wife, Joseph Trendley and wife also, a certain other tract of land in Township 47, Range five East, being a part of United States survey No 2038, being lot no five of the Subdivision of said Survey made by the Commissioners appointed by the Circuit Court of said County, containing ninety six acres and thirty nine one hundreds of an acre and being the same acquired by said David M Martin of Henry Chouteau and wife by deed dated April 1st, 1840, recorded in the said Office in Book L No 2 Page 314: 6 Also, a certain lot of ground in the town of Bridgton, fronting on St Charles street one hundred and fifty feet, and running back three hundred feet, and bounded Southeast by Thomas Withington Jr, Northwest by St Andrews street, and Northeast by lands of Bernard McManemy and the same
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> Handwritten Page Number on Record Book: 97
acquired by said David M Martin of Thomas Wittington Sr by deed dated February, 13th,1824, and recorded in said office in book L page 495. 7 also, a certain other tract of ground situated in the City of St Louis and in Christy Addition to said City and according to G C Brown Map in Block no forty three in said addition, fronting fifty four feet on Franklin Avenue and running back Southwardly one hundred and forty four feet seven and one half inches to an alley twenty feet wide and bounded East by Van [Ranselaer ?] and Rice, South by an alley twenty feet wide, West by J T Sweringer and North by Franklin Avenue and acquired by said David M Martin by deed recorded in said Office in Book P No 4 page 242. 8 also, the unexpired term of a lease on a lot of ground in said City of St Louis, in William C Carr addition to said City being lot No five in block No 18, said lease being dated January, 1st 1853, and running eight years from the date last aforesaid executed by S D Barlow as Executor of William C Carr. It is therefore considered by the Court that petition of said real estate be made among said parties according to their respective rights and interests as above as curtained and determined: and the Court appoints David Thomas, George Hall, and Thomas Baker, Commissioners to make the said partition in accordance with this judgment, and orders that they report of their proceedings without delay.
**Catharine Fischer vs 10 Adam Fischer**
Now comes the plaintiff by her attorney, but the defendant although duly summoned and called comes not but make defendant, wherefore the petition herein is taken against him as confessed.
**Charles Sturdel administrator of David Strudel deceased vs 34 Gerhards Bensberg and Otto Igel**
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Igel, but the defendant, Bensberg, although duly summoned and called, comes not but makes default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendant owes the plaintiff seven hundred and fifty two dollars and twenty six cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid and his costs herein expended and have execution therefor.
**St Louis Building Savings Institution vs 502. William H Smith, Philip Ganbatz and Isaac J Greene**
Now comes P A Ladew, agent for plaintiff, and acknowledges to have received full and entire satisfaction of the judgment rendered herein.
**German Savings Institution vs 799 Francis Lunsman, Henry A Fette and Bernard Rawie**
The plaintiff, by its attorney, acknowledges to have received full and entire satisfaction of the judgment rendered herein.
**Norman Cutter vs William Waddingham, James Clemens et al**
Now come again the parties, by their respective attorneys, and also come the Jurors empanneled and sworn herein, and the plaintiff files a motion for leave to amend his declaration so as to enlarge the add annum to fifty thousand to fifty thousand dollars, which motion, upon due consideration, is sustained by the Court and the amendment made, and thereupon the trial progressed but not being finished is laid over until tomorrow morning.
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**Viewer Page 106** (rcdbook1859_29_0105.jpg)
> Handwritten Page Number on Record Book: 98
Court met pursuant to adjournment. Present as before.
Michael S Cerre, Esq, Sheriff of St Louis County, acknowledge the execution of a deed in favor of Joseph R Wendover for all the eight title interest, claim estate and property of Baylis Chamblen of in and to the following premises situated in the county of St Louis Gate of Missouri to wit; a lot in City block No 505 in James N Lucas addition to the City of St Louis, beginning on the Northern line of Pine street at the distance of fifty feet Westward from the Southeast corner of said block thence Westwardly with the North line of said Pine Street twenty five feet then Northwardly and parallel to Thirteen street one hundred and ninety nine feet one inch to and alley thence Eastwardly with the Southern line of said alley twenty five feet thence Southward one hundred and nine feet one inch to the place of beginning, it being the lot acquired by Nelson Chamblin from James H Lucas by deed recorded in book K vs 4 page 106 of the records of St Louis County: also ten acres of land beginning at the Southwest corner of the Sulphur Spring tract, a plat of which tract is one file in said Recorders Office running thence North eight and a half degrees East thirteen chains and twelve links to a road forty feet wide, thence along said road South three degrees East seven Chains and sixty two links, thence South eight and a half degrees West thirteen chains and twelve links to a point in the Southern boundary line of said tract, thence North eighty three degrees, West seven chains and sixty two links to the place of beginning containing ten acres being the same premises of David W Graham conveyed to Nelson Chamblin by deed recorded in book P No 5 page 151 of said Recorders Office both of which purchases were made by the said Nelson Chamblin and were held in trust by him for his own use; Sold by virtue of an execution issued from the Office of the Clerk of the St Louis Circuit returnable to the September Term 1859 said Court in favor of Nathaniel N Halsted and Joseph Brokaw against Baylis Chamblin.
Adam D Stewart, who is personally known to the Court, acknowledges the execution of a deed of emancipation to his slave Julia Ann Ray, a mulatts, aged about twenty four, of medium height.
**John Brown vs 423. James S Bissell and Edwin H Stevens**
On notes.
Now comes the plaintiff, by his attorney, and on his motion it is ordered by the Court that the judgment rendered herein be set aside and vacted, and the Court finds from the instruments in writing on which this action is founded that the defendants owe the plaintiff eleven hundred and fifty four dollars and twenty 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.
**Carlos S Greely Mathas Steitz, and Augustus F Shapleigh vs 749 John W Schaerff, Charles Schaerff, John H Helmuth and William Zeller**
On note.
Now come the plaintiffs, by their attorney, but the defendant, John W Schaerff, 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 defendants owe plaintiffs three hundred and six dollars and seventy five 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.
**Abel J Anderson vs 131 Walter E Sell and Thomas Sheppard**
On Draft.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called come not but make default, wherefore the Court finds from the instrument in writing on which this action is founded that that the defendants are indebted to the plaintiff in the sum of four hundred and thirty one dollars and twelve cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in from aforesaid as found and also this costs in this behalf expended and have execution therefor.
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> Handwritten Page Number on Record Book: 99
**Joseph W Clark, Luther C Clark, Edward Dodge and Edward Chase vs 799 James Verdin**
On notes.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court finds from the instruments in writing on which this action is founded that the defendant owes the plaintiffs four hundred and eighteen dollars. 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 execution therefor.
**Loyal P Kellogg and William Parker vs 780 Edwin R Mason**
On note.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the Court finds from the instrument in writing on which this action is found that the defendant owes the plaintiffs twenty one hundred and fifty nine dollars and eighty four 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 execution therefor.
**Nathan L Rice vs 184 William C Berry**
Order of Publication.
On motion of the plaintiff, by his attorney, it is ordered that that the defendant be notified that a civil action has been commenced against for the sum of two hundred and ninety nine dollars and twenty cents, on account of goods sold by the firm of G P Theobald Co to the defendant, which is due plaintiff as assignee of the account; 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 first 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 St Louis Evening Bulletin, a newspaper printed and published in the City of St Louis.
**Jacob Tamm vs 854 James Halpin**
Confession of Judgment.
Now comes the defendant and files his duly sworn statement, confessing himself indebted to the plaintiff in the sum of eighteen hundred dollars and authorizing the entering up of judgment against him for that amount. It therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as confessed and also his costs herein expended and have execution therefor.
**Joshua W Owings vs Thomas Keys etal**
By leave of Court first obtained, Sheriff amends his return of the execution issued herein returnable to the present term of this Court.
**Zeb F Wetzell etal vs 282 Joseph Murphy**
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, but the defendant, although duly warned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Irwin A Williams vs 408 Miles G Moies etal**
Now comes the plaintiff, by his attorney, but the defendant Henry M Woodward, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed; on motion of plaintiff ordered that an alias Summons issue for Moies.
**Geo Walton vs 171 W C Murphy**
Reply filed.
**Edward Maddock vs 343 Elson T Wright**
Reply filed.
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> Handwritten Page Number on Record Book: 100
**Charles Blevin etal vs 842 A Hinzpeter garn.**
Denial of answer filed.
**Leonard Rothgerber etal vs 549 Solomon K Lawrence etal**
Answer filed.
**Chas M Elleard vs 561 Chas L Hunt etal**
Answer of C L Hunt filed.
**Jno W Harris vs 649 David H Evans**
Motion for judgment filed.
**Jno J Anderson etal vs 658 James A Lee**
Motion to strike out answered and for judgment filed.
**William Farrell's admr. etal vs 43. Jas Brennon's admr & etal**
Depositions for plaintiffs opened and filed.
**Jno J Parkinson vs Henry S Eaton etal**
Depositions for defendants opened and filed.
**Jno J Shuler vs 665 Henry Klunk etal**
Motion for security for costs and answer filed.
**W L Ewing et al vs 827 Valentine Ries etal garn.**
Denial of answer filed.
**Robt N Martin vs 62 W Truesdail**
Answer filed.
**Norman Cutter vs William Waddingham James Clemens etal**
Now come again the parties, by their respective attorneys, and also the Jurors empanelled and sworn herein, and thereupon the trial of this cause progressed but not being finished is laid over until tomorrow.
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**Viewer Page 109** (rcdbook1859_29_0108.jpg)
> Handwritten Page Number on Record Book: 101
Court met pursuant to adjournment. Present as before.
**John P Gould et al vs 93. George Trowbridge etal**
Notice of motion filed. On motion of plaintiffs, by attorney, a dedimus is awarded them to take depositions in Indiana on the seventeenth instant.
**Cabinet Makers Union vs 576 Charles Marlow**
On Bill of Exchange.
Now comes the plaintiff, by its attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendant owes the plaintiff in the sum of thirteen hundred and sixty six dollars and seventy three cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and its costs herein expended have execution therefor.
**Henry Closterman vs 575 Charles Marlow**
On Bill of Exchange. Now comes the plaintiff, by its attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendant owes the plaintiff twenty three hundred and ninety four dollars and twenty eight cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and also his costs herein expended have execution therefor.
**Battelle M Jones vs 223. [Leroy ?] Griffin**
On notes.
Now comes the plaintiff, by his attorney, but the defendant although duly summoned and called, comes not but makes default, wherefore the Court finds form the instruments in writing on which this action is founded that the defendant owes the plaintiff six hundred and fourteen dollars and eighty 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.
**David A Davidson administrator de bonis non of Michael Null. vs 31 John Dillon**
Sir fa to revive judgment and lien.
Now at this day comes Edward A Nickerson, administrator de bonis non of the estate of Michael Null, deceased, by his attorney, and on his motion and it appearing to the Court that he is duly qualified as such administrator, it is ordered by the Court that he be substituted as plaintiff, and the sad although duly summoned, and being three times solemnly called, comes not, neither hath he answered the said writ, wherefore it is ordered that his default be entered: and it is considered by the Court that the judgment aforesaid rendered in this Court, on the eighteenth day of October, eighteen hundred and fifty two, for the sum of one thousand and eighty two dollars and eighty five cents, with interest and costs, be revived, and the line thereof be continued for a period of two years.
**Thomas Boylan and William P Gettys vs 95. George W Jope**
On note.
Now come the plaintiffs, by their attorneys, and file proof satisfactory to the Court that the order of publication made herein has been published according to law, but the defendant, although duly warned and called, comes not but makes default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendant owes plaintiffs five hundred and fifty dollars. It is there fore considered by the Court that the said plaintiffs recover of the said defendant the debt aforesaid in form aforesaid as found and their costs in this behalf expended and have execution therefor against the property attached.
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**Viewer Page 110** (rcdbook1859_29_0109.jpg)
> Handwritten Page Number on Record Book: 102
**Roger C M Allister vs 362 Charles G Ruth, William Young and Frank Marsh**
On Note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to William Young, but the other defendants, although duly summoned and called come not but make default, wherefore the Court finds from the instrment in writing on which this action is founded that the defendants owe the plaintiff six hundred and eighteen dollars and five cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and his costs expended and have execution therefor.
**Stephen Haskell and James M Franciscus vs 631 Frederick Meyer and Moritz Meyer**
On Note.
Now come the plaintiffs, by his attorney, but the defendants, although duly summoned and called, comes not but make default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendants owe the plaintiffs eleven hundred and fifty three dollars and eighty 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.
**Geo Walton vs 171 William C Murphy**
Reply filed.
**Jacob Heyer vs 702 Jno [Ludewig ?]**
Answer filed.
**Jno W Darby vs 399 Perry Cornell**
Answer filed.
**John Herron vs Geo W Putnam etal**
Motion to set aside judgment filed.
**Dan J Cleveland vs 291 Charlotte Lay**
Answer filed.
**Pat K Avery etal vs 511 Peter Harmon etal**
Demurer filed.
**Chas H Welling etal vs 590 Robt P Cady**
Plea in abatement filed.
**Caroline Meyers. vs 272 W C Molloy etal**
William J Kribben guardian ad litem of H J Stevens files an answer herein.
**David H Evans vs 762 Robt Fedorow etal**
Answer of Rolf and Ernig to amended petition filed by leave.
**Chas M Elleard vs Chas L Hunt etal**
Answer of Mary Hunt filed.
**Jacob Bauer etal vs Geo A Smith**
Answer filed.
**Francis J Smith vs 2 The Steam boat Brunette**
Now comes the plaintiff, by his attorney but the defendant, although duly called comes not but makes default, wherefore the petition herein is taken against it as confessed.
**Abraham Hanna vs 721 Edward Morgan**
Six additional days are given defendant to answer.
**Pacific Insurance Company vs 349 Dewitt C Sanford etal**
Answer of J W Spalding filed.
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**Viewer Page 111** (rcdbook1859_29_0110.jpg)
> Handwritten Page Number on Record Book: 103
**Henry L Clark and Thomas H West vs George B Field**
Confession of judgment.
Now comes the defendant and files a duly verified statement confessing himself indebted to the plaintiffs in the sum of two hundred and seventy dollars and four cents and authorizing the entering up of judgment for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as confessed and their costs herein expended and have execution therefor and it is ordered that this judgment bear interest at ten percent per annum.
**In the matter of the petition Of Peter L Vandeventer**
Now come the said Peter L Vandeventer, by attorney, and files a petitions, upon consideration of which, it is ordered by the Court that a Commission to perpetuate the testimony of Francois Noise dit L Abbe issue to Charles A Mantz Clerk of the St Louis Land Court, or to any Court of Record or Judge or Justice of the Peace of St Louis.
**John Manly vs 73 Henry Buesmeyer etal**
Now comes the plaintiff, by his attorney, and files an affidavit and also abond which bond is approved, whereupon it is ordered that an attachment in aid issue against Frederick Pillman to the Sheriff of St Louis County and also to Lincoln County returnable to the next term of this Court.
**State use of Phelps vs 402 Albert G Edwards**
Deposition for plaintiff opened and filed.
**Ino P Hunt etal vs 226 Benj [Slatern ?]**
Answer of Slater and Johnson filed.
**Cyprian Clamorgan vs 178 Samuel Mordecai**
Motion for security for costs filed.
**Chas R Lamp vs 144 Nicholas Wall**
Motion for security for costs filed.
**Jno W Hedenberg vs 411 Benj Mercadier etal**
Motion to strike out petition filed.
**State use of Gilsey vs 273. Edwd A Damon etal**
Answer filed.
**State us of Midas vs 250 Simon Meyberg etal**
Motion for security for costs filed. Answer filed.
**Frederick Berby vs 786. Chas Curtiss**
Answer filed.
**Wm C Walker etal vs 257 Chas Curtiss**
Answer filed.
**Jno G Falconer etal vs 787 Chas Curtis**
Answer filed.
**Geo B Cooper vs E B Brown, Isaac L Down & G Swaberg gain of St Louis Alton Chicago R Rules**
On motion of the said garnishee, by attorney, it is ordered that they be discharged hence at the plaintiffs costs and that execution issue therefor. Five dollars is allowed each of said garnishees.
**Norman Cutter vs 61 William Waddeingham James Clemens Jr etal**
Now come again the parties, by their respective attorneys, also the Jurors empanneled and sworn herein, and thereupon trial progressed but not being finished is laid over until Monday.
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**Viewer Page 112** (rcdbook1859_29_0111.jpg)
> Handwritten Page Number on Record Book: 104
Court met pursuant to adjournment. Present as before.
Now comes Samuel W Eager, Esq, Jury, Commissioner of St Louis County, and files his resignation of such, to take effect on the twenty fourth instant.
**Charles Labarge vs 254 Peter Locke**
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.
**Henry W Smith vs 228 William Whitely etal**
Now comes the plaintiff, by his attorney and files satisfactory to the Court that the order of publication made herein has been published according to law.
**Lewis P James etal vs 293 Samuel Frederick etal**
Motion for security for costs filed.
**Chas B Greene etal vs 845 Chas Gage garn.**
Answer filed.
**Lucian H Fuller vs 703. Wm H Fackler etal**
Answer filed.
**Simon Meyberg etal vs Farmers Union Ins Co**
Answer filed.
**Richard Clinton vs 111 John Blackburn etal**
Answer and motion for judgment filed.
**Michael Larker vs Patk M cann**
Answer filed.
**Ann Currie vs 403 Geo E Currie**
Now comes the plaintiff, by her attorney, but the defendant, although duly summoned and called comes not but make default, wherefore petition herein is taken against him as confessed.
**Samuel Penberthy etal vs John Stewart etal**
Answer and exhibit filed.
**Jno Manly vs 73 Henry Buesmeyer**
Answer of Jno Nicolay filed.
**Hayden & Wilson vs Geo L Salisbury and Jno J Guimsley garn. of Henry Eichar and Thornton Ginsley garn.**
Interrogatories filed by leave.
**Haydon & Wilson vs Geo H Rea garn. of Henry Eichar**
Interrogatories filed by leave.
**Henry A Homeyer etal vs 832 Jas Taussig etal garn.**
One week additional time is given plaintiffs to except to answer.
**Isidor Bush etal vs 833 Jas Taussig etal garn.**
One week additional time is given plaintiffs to except to answer.
**Gerhard H Fisse vs 834 Jas Taussig etal garn.**
One week additional time is given plaintiffs to except to answer.
---
**Viewer Page 113** (rcdbook1859_29_0112.jpg)
> Handwritten Page Number on Record Book: 105
**Chas H Teichmann etal vs 835 Jas Taussig etal garns.**
One week additional time is given plaintiffs to except to answer.
**William G Clark, Robt B Clark and Manville Leymour vs 358 The Terre Haute Alton and St Louis Rail Road Company**
On note.
Now come the plaintiffs, by their attorney, but the defendant although duly summoned and called comesnot but makes default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendant owes the plaintiffs eight hundred and fifty five dollars and two cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs herein expended and have execution therefor.
**Samuel S Douglass etal vs 346 Michael Mullen etal**
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.
**Samuel S Douglass etal vs 833 Alvis Stieber**
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Norman Cutter vs 61 William Waddingham James Clemens etal**
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein, and thereupon the trial of this cause progressed but not being finished is laid over until to morrow.
Court met pursuant to adjournment. Present as before.
**Albert Tennent and George A Kerr vs 855 John Boggs**
Confession of Judgment.
Now come the plaintiffs, and also comes the defendant and files his duly verified statement confessing himself indebted to the plaintiffs in the sworn of four hundred and fourteen dollars and twenty eight cents, and authorizing the entering up of judgment therefor. It is therefore considered by the Court that the plaintiffs, recover of the defendant the debt aforesaid as confessed and their costs herein expended and have execution therefor: and it is ordered that this judgment bear interest at ten percent per annum after the third day of December next.
**George J Pittman, Albert Tennent & George A Kerr vs 856 John Boggs,**
Confession of Judgment. Now comes the defendant and files a duly verified statement confessing himself indebted to the plaintiffs in the sum of five hundred and forty three dollars and ninety five cents and authorizing the entering up of judgment therefor. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as confessed and their costs herein expended and have execution therefor, and that this judgment bear interest at ten percent per annum.
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**Viewer Page 114** (rcdbook1859_29_0113.jpg)
> Handwritten Page Number on Record Book: 106
**Joseph Oker vs 758 Adam Hammer and Dominick Urban**
On notes.
Now comes the plaintiff, by his attorney, and it appearing to the Court that the plaintiff has given security for costs, therefore on motion of plaintiff it is ordered that the motion to dismiss be overruled; and the defendants although duly called come not but make default, wherefore 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 owe the plaintiff fourteen hundred and eighteen 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 cost herein expended and have execution therefor.
John F Darby, who is personally, known acknowledges the execution of a deed of emancipation to James Madden, of dark color, aged twenty seven years.
George J Camp and Charles Maurice, who are personally known to the Court, acknowledge the execution of a deed of emancipation to slave Albert Honesty, aged forty three years, about five feet eight inches in height, black complexion, all the fingers on his night hand lost.
**Caleb Rice vs 208 Geo W Hungerford**
Reply filed.
**Albert S Regor vs 103 Michael S Cerre etal**
Answer filed.
**Hiram Fate vs 231 Michael S Cerre etal**
Answer filed.
**Jacob Little vs 809 John Brady Smith**
Confession of Judgment.
Now comes the defendant and files his duly verified statement confessing himself indebted to the plaintiff in the sum of twenty four hundred and fourteen dollars and seventy four cents and authorizing the entering of judgment therefor. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as confessed and also his costs herein expended have execution therefor.
**Citizens Bank of Steubenville vs 329 John B Carson**
The plaintiff files a bond for costs with W Jamison, as security, which is approved.
**Joseph Charles etal vs 841 G E Hawley etal garn.**
Time to answer herein is extended one week.
**Peter Lindell vs 715 Pelagie Lee**
Notice [of ?] to defendent filed.
**Henry Knauss etal vs 539 Chas S Cox etal**
Answer filed.
**Henry F Turner vs 243 Henry Lyon**
The plaintiff by his attorneys, acknowledges to have received full and entire satisfaction of the judgment herein rendered.
**J P Symonds vs W O Wheeler etal**
Depositions on behalf of John N Bofinger filed.
**J P Symonds vs W O Wheeler etal**
Depositions on behalf of John N Bofinger filed.
---
**Viewer Page 115** (rcdbook1859_29_0114.jpg)
> Handwritten Page Number on Record Book: 107
**Thomas Allen etal vs 596 J H Alexander etal garn.**
Answer of Henry N Hart filed.
**Henry Pike vs Myron F Benjamin etal**
Now comes the plaintiff, by his attorney, and file proof satisfactory to the Court that the order of publication made herein has been duly published according to law.
**Norman Cutter vs William Waddingham James Clemens Jr etal**
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein and thereupon the trial progressed but not being finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
Louis Jean Q Verdier, whose identity is proven by E Hill and William Stevens, exclaimed under oath, acknowledges the execution of a deed of emancipation to Jury Whiting, aged about fifty nine nine years, dark complexion, about five feet ten inches in height, small sear on forehead.
**The Southern Bank of St Louis vs 448 William M George, Alfred J Moore, William T Moore, Jury L Broadwater, John Whitchill and John W Hathaway**
On Note.
Now comes the plaintiff, by its attorney, but the defendants although duly summoned and called, come not but make default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendants one the plaintiff twenty eight hundred and eighty eight dollars and eleven 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 therefor.
**John Cox vs 385 Anthony Cunninghame**
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, on account of a promissory note, for the sum two hundred and twelve dollars, 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 first Monday of February next, and on or be 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.
**Louis Engels admr vs 76 John L Bunicker etal**
Notice of Motion and motion for attachment against receiver filed.
---
**Viewer Page 116** (rcdbook1859_29_0115.jpg)
> Handwritten Page Number on Record Book: 108
**Harvey W Smith vs 223 William Whitely Jr, James M Haseltine, and James C Haseltine.**
On Notes.
Now comes the plaintiff, by his attorney, but the defendants, although duly warned and called, come not but make default, wherefore the Court finds from the instruments in writing on which this action is founded that the defendants owe the plaintiff the sum of Sixteen hundred and fifty eight dollars and fifty 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 against the property attached.
**Harvey W Smith vs 594 Elijah G Tuttle garns of Wm Whitely etal**
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 plaintiff the interrogatories be taken against him as confessed.
Enoch Sloan, who is personally known to the Court, acknowledges the execution of a deed of emancipation to Henry, a slave, aged forty years, light built, brown complexion, five feet five inches in height.
**Norman Cutter vs William Waddingham, James Clemens Jr etal**
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein and thereupon the trial of this cause progressed, but not being finished is laid over until tomorrow.
Court met pursuant to adjourned. Present as before.
**Kenneth Mackenzie vs 837 Thos M Taylor et al garn.**
Answer filed.
**William D Marshall et al vs 548 James Cuddy et al**
Answer filed.
**Edward Walsh vs 374 Edward Boyle**
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendant owes the plaintiff one hundred and ninety nine dollars. 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.
**Heber Livermore and Thomas Allen vs 537 Hugh Lackey**
On account.
Now come the plaintiffs, by their attorney, and move the Court for judgment upon the answer herein, which, upon consideration is sustained; and the Court finds that the defendant owes the plaintiffs one hundred and seventy seven dollars and twenty six cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid inform aforesaid as found and also their costs herein expended and have execution therefor.
---
**Viewer Page 117** (rcdbook1859_29_0116.jpg)
> Handwritten Page Number on Record Book: 109
**In the matter of the application of Peter Richard [Kenrick ?], Edward Walsh, and John Withnell executors of John Thornton deceased.**
Substitution of Trustee.
It appearing to the Court from the application of the said petitioners that James T Thomas, one of the trustees in a deed of trust executed by Thomas Campbell recorded in the Recorders Office of St Louis County in Book 167 page 416, has departed this life, and John Hartnett, the other trustee in said deed of trust, has removed from this State without having completed the performance of the duties imposed on them by said deed of trust; therefore it is ordered by the Court that Michael S Cerre Sheriff of St Louis County, be appointed and substituted trustee to execute said deed of trust in place of the said original trustee.
**Charles Labarge vs 254 Peter Locke**
On motion of the defendant, by his Attorney, until the fourteenth day of November next is given him to plead herein.
**Catharine W Livermore vs 179 George F Livermore**
Now comes the plaintiff, by her attorney, and by leave of Court first obtained amends her petition by striking out prayer for alimony and allowance pendente lite, but the defendant although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Peter Hayden and Pollock Wilson vs 355 Henry Eichar**
Order of Publication
On motion of plaintiffs, by their Attorney, it is ordered that the defendant be notified that a civil action has been commenced against him for the sum of three hundred and seventy eight dollars and seventy one cents, on account of a draft accepted by the defendant, 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 first 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.
**Peter Haydon and Pollock Wilson vs 356 Henry Eichar**
Order of Publication.
On motion of plaintiffs, by their Attorney, it is ordered that the defendant be notified that a civil action has been commenced against him for the sum of one hundred and one dollars and ninety two cents on account of a promissory note executed by the defendant; and that hi property has been attached, and unless he appear at the next term of this Court to be gun and held at the City of St Louis, within and for the County of St Louis, on the first 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.
**Max Dietrich vs John J Murdock, Charles K Dickson and Nathan Komes**
Order for Delivery. The plaintiff comes and files a petition and affidavit according to law, claiming the possession of certain personal property therein described; wherefore it is ordered that the defendants deliver the property specified in said petition to the Sheriff of 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.
**Joel D Smith etal vs 630 John J Mitchell etal**
On motion of plaintiffs, by attorney, a dedimus is awarded them to Illinois.
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**Viewer Page 118** (rcdbook1859_29_0117.jpg)
> Handwritten Page Number on Record Book: 110
**George Partridge, James Smith, William H Smith and Henry S Reed vs James McQuoid and Louis Charleville.**
Order of Publication.
The plaintiffs having filed a petition and also an affidavit stating that the defendant, James McQuoid, is a non resident of this State, therefore, on motion of the plaintiffs, by their attorney, it is ordered that the said defendant be notified that a civil action has been commenced against him for the sum of two thousand dollars on account of a bill of exchange executed by Louis Charleville and accepted by defendant James McQuoid 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 first Monday of February next, and in 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 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 Commercial Ins Co vs 770 Thomas S Warne etal**
On motion of plaintiff, by attorney, ordered that this cause be dismissed at its costs and that execution issue therefor.
**The Commercial Insurance Company vs 732 William Hassinger**
On motion of the plaintiff, by its attorney, it is ordered by the Court that the judgment herein be set aside and vacated and this cause be dismissed at its costs and that execution issue therefor.
**George Lich administrator of Louis Engel deceased. vs 76 John L Bernicker and Susan Bernicker his wife**
The defendants motion for an attachment being heard and fully considered by the Court, it is ordered that an attachment issue against Frederick W Engel receiver returnable Tuesday 18th instant to answer a contempt for failing to obey the order made herein requiring herein to pay over to defendants all rents and moneys which have come to his hands as receiver in this cause.
**Norman Cutter vs 61 William Waddingham James Clemens Jr etal**
Now come again the parties, by their respective attorneys, and also the Jurors empannelled and sworn herein and thereupon the trial progressed, but not being finished is laid over until tomorrow.
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**Viewer Page 119** (rcdbook1859_29_0118.jpg)
> Handwritten Page Number on Record Book: 111
Court met pursuant to adjournment. Present as before.
**Albert Kelly etal vs 576 Richard Waters etal**
On motion of plaintiffs, by attorney, its is ordered by the Court that this cause be dismissed at their costs and that execution issue therefor.
**James B Hill vs 624 Chas R Anderson**
The plaintiff, by his attorney, acknowledges to have received full and entire satisfaction of the judgment herein rendered.
**Ann Rebecca Fairman vs 115 Charles M Fairman**
Now comes the plaintiff, by her attorney, and files proof that the order of publication made herein has been duly published according to law; but the defendant, although duly waived and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Robt R Lewick vs 823 Geo Cooper garn.**
Until November third is given garnishee to answer herein.
**A Hanna vs 721 E Morgan**
Answer filed.
**Owen V Timon vs 393. Cha L Freeman**
By leave of Court, first obtained, defendants amends his answer by adding an affidavit there to.
**William T Hazard vs Lyman Scott etal**
On Execution 299 Sept Term 1859.
On motion of garnishees Isaac Rosenfeld, Jr, Jno How, Carlos Grealey, Augustus F Shapleigh and Mathias Steitz by their attorney, it is ordered that they de discharged at plaintiffs costs and that execution issue therefor. Five dollars allowed each.
**Geo Cooper trustee vs 319 The H M Vicker**
Replication filed.
**Geo W White's admr vs 11 Cha H Avis**
Reply filed.
**Clarence O Brooks vs 565 Jno D Daggett**
Answer filed.
**Presley Phillips vs B F Hutchinson**
Depositions for plaintiff opened and filed.
**Henry Townsley vs Job S White**
Motion for judgment filed.
**Norman Cutter vs 61 William Waddingham James Clemens Jr etal**
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein, and thereupon the trial progressed, but not being finished is laid over until tomorrow.
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**Viewer Page 120** (rcdbook1859_29_0119.jpg)
> Handwritten Page Number on Record Book: 112
Court met pursuant to adjournment. Present as before.
**Jacob Pfau and John M Pfau vs 17 H A Schuermann and Frederick W Keferstein**
On note.
Now come the plaintiffs, by their attorney, but the defendants, although duly waived and called, come not but make default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendants owe plaintiffs four hundred and seventy dollars and ninety seven 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.
**In the matter of the County of St Louis**
The Commissioners, appointed to examine into the affairs of St Louis County, exhibit and file their accounts for services, and the Court audits the same and allows to John Simonds, Six hundred and ninety six dollars, to Frederick Hyatt, two hundred and eight dollars, to Edward Haren, seven hundred and six dollars and fifty cents, for this services to this date, and orders that the said amounts be certified to the Board of Commissioners of St Louis County for payment.
**Jas Charles etal vs 841 G E Hawley etal garn.**
Answers filed.
**Henry S Homan etal vs 450 Newton S Gay**
Reply filed.
**Abraham H Hoge etal vs Wm T Matters etal**
Depositions for defendants opened and filed.
**Robt H Hodgson etal vs 82 Walter L F Gage etal**
Replication filed.
**Cyprian Clamorgan vs Sam Mordecai**
Depositions for defendant opened and filed.
**E Hastings etal vs 318 Henry S Parker etal**
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.
**William Waddingham & Excr. vs 507 H M Wheeler**
Now come the plaintiffs, by their attorney, and file proof satisfactory to the Court that the order of publication made herein has been published according to law.
**Charles Balmer and Charles G Weber vs 628 Charles Fritz**
On note.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore 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 two 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 also their costs herein expended and have execution therefor.
**Caleb Rice vs 208 Geo W Hungerford**
On motion of defendant a dedimus is awarded him to Texas.
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**Viewer Page 121** (rcdbook1859_29_0120.jpg)
> Handwritten Page Number on Record Book: 113
**Alexander Campbell vs 232 St Louis Alton and Chicago Rail Road Co**
Plea in abatement filed.
**Alexander Campbell vs 822 Isaac L Downs etal garn.**
Answers of E B Brown and G Schwarberg filed: also answer of Isaac L Downs filed.
**Samuel Gaty vs 819 Isaac L Downs etal garn.**
Answers of E B Brown and G Schwarberg filed; also answer of Isaac L Downs filed.
**Ann Currie vs 403 Geo E Currie**
On motion of defendant, by attorney, and by consent of plaintiff, the interlocutory judgment of default, herein is set aside and vacated; by consent and leave the defendant files an answer herein.
**Norman Cutter vs 61 William Waddingham James clermens for etal**
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein and thereupon the trial progressed but not being finished is laid over until Monday.
Court met pursuant to adjournment. Present as before.
J S Fullerton is admitted and enrolled as a member of this bar.
Hary I Bodley who is personally known to the Court, acknowledges the execution of a deed of emancipation to his slave Melinda, a negro woman of dark or black complexion.
**John Maris vs George Couch**
Confession of Judgment.
Now comes the defendant and files his duly verified statement confessing himself indebted to the plaintiff in the sum of three hundred and forty one dollars and fifty six cents and authorizing the entering up of judgment against him for that sum. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as confessed and his costs herein expended and have execution therefor; and it is ordered that this judgment bear interest at seven per cent per annum.
**George F Staehlin and Jnome Stachlin vs Adolph P Faw and Charles Loepke**
Confession of Judgment.
Now come the defendants an file a statement in writing duly verified by affidavit confessing themselves indebted to the plaintiffs in the sum of four hundred and twenty six dollars and ninety cents and authorizing the entering up of judgment against them for that sum. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as confessed and their costs herein expended and have execution therefor.
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**Viewer Page 122** (rcdbook1859_29_0121.jpg)
> Handwritten Page Number on Record Book: 114
**Carl of S Greeley, Mathias Steitz and Augustus F Shapleigh vs 749 John W Schaerff, Charles Schaerff, John H Helmuth and William Zeller**
On note.
Now come the plaintiffs, by their attorney, and, on their motion, it is ordered by the Court that the judgment herein rendered be set aside and vacated; but the defendants although duly summoned and called come not but make default, wherefore the Court find 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 nineteen dollars. 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.
**Hugh Boyle and William H Campbell vs 398. Cary Gratz, Andrew J Alexander, Henry H Gratz, John M Kinnon and Jacob Rathron**
Order of Publication as to Henry H Gratz.
The plaintiffs, file an additional affidavit, from which it appears that the defendant Henry H Gratz is a non resident of this State, therefore, on motion of the plaintiffs, by their attorney, it is ordered that the said defendant be notified that a civil action has been commenced against him for the sum of five hundred and eighty nine dollars, on account of a bill of exchange, and that 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 first Monday of February next, and on or before the third day thereof, answer to the action aforesaid, according to law, the petition herein will be taken against him as confessed. 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.
**Daniel T Wright & etal vs 74 R W Rogers etal**
Now come the plaintiffs, by their attorney, but the defendant, R W Rogers, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**In the matter of the assignment of Charles Marlow**
Inventory filed; and on motion of the assignees, the Court appoints Newton L Greenfield, and George Mitchell appraisers to appraise the assets so inventoried.
**George Peters etal vs 274 a**
On motion of the plaintiffs, by attorney, ordered that this cause be dismissed at their costs and that execution issue therefor.
**Julius H Smith vs 143 James D Houseman**
On motion of defendant, by his attorney, fifteen days are given him to file exceptions to Commissioners report.
**Jno K Walkers Exr vs 387 James Walker**
Reply filed.
**Luther C Clark etal vs 814 Carlos S Greeley et al garn.**
Answers filed by garnishees.
**Samuel Cupples etal vs 196 Perry Brown**
On motion of defendant, by his attorney, until the twenty eight instant is given him to answer.
**State use of Meyers vs Nathan Cole etal**
Depositions for plaintiff opened and filed.
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**Viewer Page 123** (rcdbook1859_29_0122.jpg)
> Handwritten Page Number on Record Book: 115
**Jane Doyle vs John Doyle**
Motion to strike out parts of petition filed.
**Norman Cutter vs 61 William Waddingham, James Clemens Jr etal**
Now come again the parties, by their respective attorneys, and also come the Jurors empanneled and sworn, and the trial progressed [be stand ?] being finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
**In the matter of the application of Herman Stein**
Now comes Herman Stein and files an application, duly verified by affidavit, and also the affidavit of Christopher Meyer; and upon satisfactory evidence presented to this Court it is ordered to be certified that Land Warrant No 38011 for one hundred and sixty acres as issued to Christopher Meyer under the act of 1855 was regularly assigned to Herman Stein, that he is the absolute holder and owner thereof having purchased it for a valuable consideration.
**John H Smith vs Barney Hysinger**
Deposition for plaintiff opened and filed.
**Robt H Renick etal vs 656 Michael S Cerre**
Answer filed by consent.
**The Allen etal vs 830 Joshua H Alexander et l garn.**
Denial of answer of Henry M Hart filed.
**Hugh Boyle etal vs 393. Cary Gratz etal**
On motion of plaintiffs, ordered that an alias Summons issue to Lafayette County for Andrew J Alexander returnable to next term of this Court.
**State use of Abram J Stevenson etal vs 589 Michael S Cerre etal**
Agreement filed.
**G H Fisse vs 834 Jas Taussing etal garn.**
Denial of answer of Char H [Poertner ?] filed.
**Isidor Bush etal vs 833. Jas Taussing etal garn.**
Denial of answer of Charles H [Poertner ?] filed.
**Char H Teichmann etal vs 835 Jas Taussing etal garn.**
Denial of answer of Char [Poertner ?] filed.
**Henry A Homeyer etal vs 832 Jas Taussing etal garn.**
Denial of answer of Charles [Poertner ?] filed.
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**Viewer Page 124** (rcdbook1859_29_0123.jpg)
> Handwritten Page Number on Record Book: 116
**Jacob Lache vs Geo Mosbacher et al**
Plaintiff files a bond for costs, with J Dornife, as security, which is approved.
**Caspar Wiegand vs James Coff et al**
By leave of Court defendants file an answer and exhibit herein.
**Jas M Franciseux vs Wm A Bassett & Christian [S ?]haffler et al**
Plaintiff files an assignment of the judgment herein to Franklin Weston
**In the matter of the application of Louisa, alias Louisa Lewis, and her minor son George.**
> Related to Case ID ccr1859.06904.064
The said Louisa alias Louisa Lewis files her petition and upon con- sideration thereof it is ordered by the Court that the said petitioner be allowed to sue for the freedom of herself and of her child, George, on giving security satisfactory to the Clerk for all costs that may be adjudged against her; ordered further that they have reasonable to attend their counsel and the Court as occasion may require, that they be not removed out of the jurisdiction of this Court, and be not subject to any severity on account of their application for freedom.
**David McKee vs Chas Boswell**
On motion of plaintiff a dedimus is awarded him to Pennsylvania.
**Louis G. Picot vs Miles G Moies et al**
Motion to apply money returned by Sheriff filed.
**Michael Larkin vs Patk McCann**
Reply filed by leave.
**Louis Engel's admr vs George L Bernicker et al**
Proof of Service of Attachment filed. Now come the plaintiff, and defendants, by their Attorneys, and also comes Frederick W Engel and files an answer to the attachment for contempt and the Court, upon consideration of the premises, doth order that the said Engel pay over forthwith to the Clerk of this Court all rents and moneys which he may have collected by virtue of his receivership in this cause, and that upon the payment thereof and the costs of the writ of attachment herein he be discharged from custody under said writ; thereupon the said Frederick W Engel pays over to Stephen Rice, Clerk of this Court the sum of three hundred and eight dollars and eighty cents, on account of rents and moneys received by him as receiver, and also the sum of one dollar and fifty cents, the costs of said writ of attachment and takes his receipt therefor.
Peter Wegman, Marshall of St Louis County, in open Court acknowledges the execution of a deed in favor of Edward Beckman and William Beckman for all the right title, interest, claim, es- tate and property of Ewald Herweg in and to the following described property in the County of St Louis State of Missouri, to wit; Lot Number 22 in Block Number 22 in the town of Kirk- wook, in St Louis County, as the same is laid down in the plat of said town on file in the office of County Recorder of St Louis County, containing fifty feet front on Main street in said town by a depth of one hundred and forty feet, bounded on the South by said Main street East by lot number twenty three in said Block, North by an alley 20 feet wide, and West by lot Number 20 in said block being the same lot which was conveyed to said Ewald Herweg by deed from Kirkwood Association bearing date the first day of June, 1853, and recorded in Book S
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**Viewer Page 125** (rcdbook1859_29_0124.jpg)
> Handwritten Page Number on Record Book: 117
No 6 page 120 in the Recorders Office of St Louis County; sold under and by virtue of an execution issued from the Office of the Clerk of the St Louis Law Commissioners Court on the twentieth day of July 1859, on a judgment in favor of Edward Beckman and William Beckman against Ewald Herweg.
**Norman Cutter vs William Waddingham James Clemens Jr etal**
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein, and the trial progressed, but not being finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
**Henry Buesmeyer vs 284 Joseph Kaufer**
The plaintiff having failed to file security for costs, as ordered by the Court, therefore on motion of the defendant, it is ordered that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
Abraham Newmark files an assignment to Morris Raphaelsky, and the said Raphaelsky files an Inventory, and on his motion, the Court appoints John q Meyers and Judah A Hart appraisers to appraise the assets so inventoried.
**Tho C Fletcher vs 230 Nehemiah Holmes**
On motion of the plaintiff it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**Sunderland G Sears etal vs 390 Isaac Gregg.**
On motion of the defendant, by his attorney, a dedimus is awarded him to Pennsylvania.
**William Siever vs 792 Adolphus Meier etal**
Defendants file an answer and counterclaim and also file, as exhibits, three due bills or orders, two notes, one deed and a copy of a deed and also tax receipt.
**Henry N Hart vs Abraham Newmark**
Confession of Judgment.
Now comes the plaintiff, in person, and the defendant also comes and files a statement in writing duly verified by affidavit, confessing himself indebted to the plaintiff in the sum of four hundred and seventy five dollars and authorizing the entering up of judgment 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.
**John B Valli vs 348 John Deane**
On account.
Now comes the plaintiff, by his attorney, and waiving claim for ten per cent interest, moves the Court for judgment on the answer herein, which motion, upon due consideration by the Court is sustained; and the Court finds that the defendant is indebted to the plaintiff in
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> Handwritten Page Number on Record Book: 118
the sum of six hundred and one dollars and twenty 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.
**Amos Rees etal vs 332 Mary R Dufresne**
Agreement concerning depositions filed.
E M Barnum, whose identity is proven by the testimony of C H Branscomb and D C Tuttle, examined under oath, exhibits and files a power of attorney from James B Orme, and by Virtue of the power therein confessed, in the name and behalf of said James B Orme, acknowledges the execution of a deed of emancipation to a negro man named David, of yellow color, the property of said Orme, and aged about thirty four years.
**Hugh McKelvy vs 849 William Wade etal**
Now comes Alex J P Gareschi, attorney for the plaintiff, and files an order from the plaintiff to dismiss this suit, and on motion of said attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Norman Cutter vs 61 William Waddingham James Clemens Jr etal**
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein and the trial progressed and being finished the Jurors retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
**In the matter of the assignment of Abraham Newmark**
Appraisement filed. The assignee files a bond in the sum of thirteen thousand one hundred and fifty dollars and fourteen cents with Geo Harvey Edwin H Wheedon and Henry N Hart, as securities; on motion of the assignee [teirs ?] ordered by the Court that he proceed to sell the assets assigned at private sale until the first Monday of December next.
Francis P Blair, Jr, acknowledges the execution of a deed of emancipation to his negro woman, Sarah, wife of Henry Duppe, aged about forty two or forty three years, light colored, medium size, also a negro girl Courtenay, daughter of said Sarah, aged about fourteen years, also Caroline, daughter of said Sarah, age about twelve years, Sallie, daughter of said Sarah, aged about nine years. Said Blair being personally known to Court
Francis P Blair, Jr, acknowledges the execution of a deed of emancipation to his slave Lewis Williams aged forty five years, five feet eight or nine inches, dark color and medium size. Said Blair being personally known to the Court.
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> Handwritten Page Number on Record Book: 119
**In the matter of the Barge Grey Hoinel**
Order of Sale.
Now comes Henry Kattelman, Constable of St Louis Township files a statement from which it appears that he has seized the Barge Grey [Houn ?] Cunder a writ issued by C D Wolff a Justice of the Peace within and for the County of St Louis, and the five days have elaspsed since said seizure, and no person has given bond for the release of said barge, therefore it is ordered that said Constable proceed to sell said barge, by publication to the highest bidder for cash, first giving twenty days notice of the time and place of sale by publication according to law.
**In the matter of the Petition of Addison G Bragg, Oliver T Bragg, and Michael Burrowes**
Substitution of Trustee.
It appearing to the satisfaction of the Court from the application of said petitioners that Fidelio C Sharp, trustee in a deed of trust executed by William I Lockwoode, dated August 5th 1857, has never executed or accepted the trust and declines to accept the same, therefore it is ordered by the Court that Arthur Hussey be and he is hereby substituted trustee, to execute and carry out the trusts created in and by said deed, in lien of the said Sharp.
**Thos H West vs 409 Chas M Elleard**
On motion of plaintiff, by his attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefor.
**John Finnerty vs James R Davis etal**
Attachment.
On motion of plaintiff, by his attorney, it is ordered by the Court that an alias summons issue herein.
**Henry Buesmeyer vs 284 Joseph Kaufer**
Motion to set aside dismissal filed.
**Jno Manly vs 73 Henry Buesmeyer etal**
Answer of Pillman filed.
**John A Thompson et al vs 818 Leopold R Strauss garn.**
On motion of the said garnishee, by his attorney, it is ordered by the Court that he be discharged hence at the plaintiffs costs and that execution issue therefor. Ten dollars is allowed said garnishee for answering herein.
**Francis P Corby etal vs 821 Edward Boyle garn.**
Default.
Now come the plaintiffs, by their attorney, but the said garnishee although duly summoned and called comes not but make default, wherefore the interrogatories herein are taken against him as confessed.
**Independence Mining Co vs 48 Albert C Koch**
Depositions for defendant opened and filed.
**Henry R Hammond vs 389 Pacific Rail Road**
Depositions for plaintiff opened and filed.
**Henry Townsley vs 760 Benj S Compton**
Deposition for defendant opened and filed.
**Jno P Gould etal vs 93 Geo Trowbridge etal**
Depositions for plaintiff opened and filed.
Charles G Keyes and Frederick F Burlock, having been licensed to practice law in all of the Courts of the State of Missouri, on motion, are admitted and enrolled as members of this Bar.
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> Handwritten Page Number on Record Book: 120
**Alexander J P Garesche administrator of William Farrell etal vs 43 Ann Brennan administratrix of James Brennan etal**
Petition to set aside Will.
Now come the parties, by their respective attorneys, and also come a jury, to wit; Charles H Wood, Charles Pabst, P J Thompson, Tho H Swain, James Wilson, John Woodcock, John Massey, A Bohlinger, Thomas Leahey, Alexander M Curdy, D St Vrain and Milton Craig, 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.
**Marie Sinel etal vs Theodore A Dame etal**
The plaintiffs file a petition for an injunction and the Court, after hearing the agreements of counsel, takes time to consider thereof.
Court met pursuant to adjournment. Present as before.
**Henry F Given etal vs 75 John B S Lemoine**
Change of Venue.
Now come the parties, by their respective attorneys, and file an agreement, and by their consent 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, including pleadings, motions, exhibits, depositions, stipulation, to be filed in the Office of the Clerk of said St Louis Court of Common Pleas, with a certified copy of the record entries herein.
**S F Atherton vs W Harrold Smith**
Confession of Judgment.
Now comes the plaintiff, by his attorney, and files the statement of the defendant confessing himself indebted to the plaintiff in the sum of three hundred and sixty eight dollars and forty nine cents, and authorizing the entering up of judgment 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 debt aforesaid as confessed and also his costs herein expended and have execution therefor.
**John Manly vs 73 Henry Buesmeyer etal**
Motion to strike out and of the John Nicolay filed.
**Mary Henessey vs 245 William Henessey**
Now comes the plaintiff, by her attorney, but the defendant, although duly summoned and comes not but makes default, wherefore the petition herein is taken against him as confessed; and this cause is continued.
**Louisa alias Louisa Lewis vs Henry N Hart**
Now comes the plaintiff and files a petition for freedom.
**Saml Gaty vs 819 Isaac L Downs et al garn.**
Denial of answer of Egbert B Brown, filed. Exceptions to answers of G B Sweet and Geo C Hawley filed.
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> Handwritten Page Number on Record Book: 121
**Norman Cutter vs William Waddingham, James Clemens, Jr, Richard Graham, Catharine Graham, Charles Chambers, Jane Chambers, his wife, William S Harney and Mary Harney, his wife. Octavia Delany, Bryan M Clemens, Jeremiah W Clemens, Catharine J Clemens, Helen J Clemens, Alice B Clemens and the City of St Louis.**
Ejectment.
Now at this day come the parties, by their respective Attorneys, and the plaintiff suggests to the Court the deaths of William Waddingham and Richard Graham, since the commencement of this suit; and also come the Jurors, empanneled and sworn herein, and being agreed upon a verdict upon their oaths find the defendants guilty of the trespass and ejectment complained of as to eleven fifteenths undivided of the land and premisses demanded in plaintiff's declaration and assess the damages sustained by the plaintiff on account of said trespass and ejectment and the with holding of the possession of said eleven fifteenths from the plaintiff at the sum of forty thousand dollars and assess the monthly value of said eleven fifteenths at the sum of seven hundred and thirty three dollars per month. It is therefore considered by the Court that the plaintiff recover of the defendants the possession of eleven fifteenth (11/15ths) of the premises situate in the County of St Louis, State of Missouri, mentioned and described in plaintiff's declaration as follows, to wit; a lot or parcel of ground situated at a place called the prairie near St Louis or prairie La Grange de Terre in said County, being a lot of one arpen, French measure, in width, by forty arpens, like measure, in length, and the same tract in said prairie, which was originally granted to one Louis Lirette, and by the said Lirette sold to one John Baptiste [Vifvarrene ?], deceased, being Survey number fourteen hundred and seventy nine, [1479] as appears by the records of the office of the Surveyor General of Missouri and Illinois, and also the sum of forty thousand dollars his damages assessed together with the accruing rents and profits of said premises at the rate of seven hundred and thirty three dollars per month until possession of said premises be delivered to him and also his costs and charges in this behalf expended and have execution therefor. Motion to set aside verdict and judgment and grant a new trial filed by defendants.
Andrew W Mead, having been regularly licensed to practice law in all the Courts of the State of Missouri, is admitted and enrolled as an attorney of this Bar.
**State use of A M Elliott vs A F Shapleigh etal**
Depositions for defendant opened and filed.
**William Farrell admrx etal vs James Brennans admr etal**
Now come again the parties, by their respective attorneys, and also come the jury empanneled and sworn herein and the trial progressed, but not being finished is laid over until tomorrow.
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> Handwritten Page Number on Record Book: 122
Court met pursuant to adjournment. Present as before.
Patrick Gregory, a witness in case of Farrell vs Brennan, is discharged from attachment on payment of the costs thereof.
**In the matter of the assignment of Charles Marlow**
Assignment filed.
**John R Shepley and William Waddingham Executors of William Waddingham deceased vs 507 H M Wheeler**
On note.
Now come the plaintiff, by their attorney, but the defendant, although duly waived 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 owes the plaintiffs one hundred and sixteen dollars and nine 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 against the property attached.
**Dines Caroline etal vs 588 Michael Gregg**
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor. Leave is given plaintiffs to withdraw notes sued on.
**Irwin Z Smith etal vs Francis M Faul etal**
On motion of plaintiffs, a dedimus is awarded them to Ohio to take depositions in their behalf.
**Marie Sinel and Julius Jonas vs Theodore A Dame, Augustus F Barnes, John F Barnes and Anne Smith**
Order of Injunction.
The Court being now sufficiently advised of and concerning the application for an injunction and the plaintiffs filing a bond in the sum of two thousand dollars with Adolph Basch and Philipp Tobias, as securities, which bonds, is approved, it is ordered that the defendants, and each of them, and their servants agents and attorneys, be restrained and enjoined until the further order of this Court, from selling or proceeding to sell the following Case hold estate, advertised for sale on the twenty fourth instant, to wit; the balance of an unexpired term of lease of twenty years, from the 28th day of May 1844, of a certain lot, with all the buildings and improvements thereon the South side of Market street in the City and County of St Louis State of Missouri between Seventh and Eighth street described as follows; beginning at the West end of Wall of a row of four houses built by one John Largy, running thence West on the South line of said Market street twenty four (24) feet, thence Southwardly one hundred and thirty three feet more or less to an alley running East and West twenty feet wide, thence along the North line of said alley, Eastwardly twenty four (24) feet, thence Northwardly to the place of beginning.
**Alfred M Farley vs E W Barnes and L H Clagstone**
Order of Injunction.
On reading and filing the petition herein, it is ordered that the said defendants appear before this Court on Tuesday next, the twenty fifth instant at nine oclock A M and show cause why an injunction should not be granted against them; and it is ordered that until said date the defendant, E W Barnes, his agents and attorneys, be restrained and enjoined from using the firm name of Farley Barnes and Company for any purpose, whatever and from removing any of the books or papers or other property of said firm or making any use or disposition thereof, and the said L H Clagstone his agents and attorneys, be enjoined
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> Handwritten Page Number on Record Book: 123
and restrained from collecting transferring or in any way using any notes, accounts, or other evidences of debt or any property whatever conveyed to him individually or as the agent or representative of others by said Barnes acting in the name of Farley Barnes and Company. The plaintiff files a bond in the sum of fifteen hundred dollars, conditioned according to law, which is approved by the Court.
**Bernard Willer vs 735 John T Perghoff**
On note.
Now comes the plaintiff, by his attorney, but the defendant, 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 owes the plaintiff three hundred and thirty nine dollars and twenty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found his costs herein expended and have execution therefor. Judgment to bear interest at ten per cent per annum.
**Meshack H Carroll vs John W Carroll garn. of Wiley J Stratton**
The Plaintiff, by leave of Court, files interrogatories against said garnishee.
**John J Anderson et al vs Thomas Swales and E P Costerlin garn. of Jos Coglin etal**
The Plaintiff, by leave of Court, files separate interrogatories against said garnishees.
**Alexander J P Gareschy administrator of William Farrell Mary Farrell, widow and Esther Farrell, Dennis Farrell, and Christophe Farrell, minor children of William Farrell, by their next friend A J P Garesche. vs Ann Brennan administratrix of James Brennan, and guardian ad [tiem ?] of William Brennan, Mary Ann Brennan and Margaret Brennan, minor children of James Brennan, James Cox, Esther Cox, Joseph Larkin and Andrew Larkin.**
Petition to set aside and annual Will.
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein, and the trial progressed, and being finished the jurors aforesaid upon their oaths aforesaid find the following verdict, to wit; We the Jury finds that the writing produced is the will of Michael Farrell. C H Wood foreman. It is therefore considered by the Court that the writing produced and admitted to probate by the Probate Court of St Louis County is the Will of Michael Farrell, and that the 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 in this behalf expended and have execution therefor.
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> Handwritten Page Number on Record Book: 124
Court met pursuant to adjournment. Present as before.
A A Van Wormer is, on motion of N D Strong, admitted and enrolled as a member of this Bar.
**John A Ubsdell etal vs 813. Edward R Bates et al garn.**
Said Bates files an answer herein.
**W J Kountz etal vs 331 Ja Brannon etal**
Answer of N S Patterson filed.
**John A Smith vs 254 William Hart**
Leave is given the plaintiff to withdraw bill sued on.
**Thomas L Salisbury vs 591 Oliver T Bragg etal**
Now comes the plaintiff, by attorney, but the defendant, Edward Boyle, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Thomas S Smith vs 345 John Sigerson etal**
On motion of plaintiff, by his attorney, a Commission to John Lodon Justice of the [Peace ?], in the town of Troy, Madison County Illinois, is awarded him to take depositions and also a Commission to Richard Mowdsley Justice of the Peace of the town [Marinstolon ?] Madison County Illinois for the same purpose.
**Augustin P Ladew etal vs 236 H Clark etal**
On motion of plaintiffs, by their attorney, it is ordered that an alias summons issue for defendant Clark.
**State of M use of Mitchell vs Frederick W Meister etal**
Deposition for plaintiff opened and filed.
**In the matter of the assignment of Charles Marlow**
Bond of assignees filed and approved by the Court; on motion of the assignees, it is ordered by the Court that they proceeds to sell the effects assigned at private sale until March next at not less than their appraised value.
**Henry A Homeyer etal vs 832 Ja Taussig etal garns**
Reply of Cha H Poertner filed
**Isider Bush etal vs 833 Ja Taussig etal garn.**
Reply of Cha H Poertner filed.
**G H Fisse vs 834 Ja Taussig etal garn.**
Reply of Cha H Poertner filed.
**Cha H Teichmann etal vs 835 Ja Taussig etal garn.**
Reply of Cha H Poertner filed.
**Caroline Myers vs 272 Wm C Malloy etal**
Motion to strike out answer of Wm J Kribben, guardian ad [licom ?], filed.
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**Viewer Page 133** (rcdbook1859_29_0132.jpg)
> Handwritten Page Number on Record Book: 125
John Lewis, Esq Presents to the Court a Commission as Jury Commissioner of St Louis County and it is ordered that the same be [ppreade ?] upon the records of this Court of this date as follows, to wit;-
We, the undersigned Judges respectively of the St Louis Circuit Court, the St Louis Court of Common Pleas, the St Louis Land Court, and the St Louis Criminal Court, acting under and by authority of An Act of the General Assembly of the State Of Missouri approved March 3, 1857. entitled An Act to provide a Jury System in St Louis County, and also of an act supplementary thereto approved November 14th 1857, do hereby appoint John Lewis to be Jury Commissioner of St Louis County, to fill the vacancy occasioned by the resignation of Samuel W Eager Jr The said John Lewis to hold the said office Jury Commissioner from the 24th day of October instant until the first a of July A D, eighteen hundred and sixty, unless sooner removed there from according to law. Given under our hands, at the Court House, in the Cit and County of St Louis this Eighteenth day of October A D 1859.
S M Breckinridge Judge St Louis Circuit Court.
Sam Reber Judge St Louis Court of Corn Pleas.
C B Lord Judge St Louis Land Court.
H A Clover Judge St Louis Criminal Court.
**State of Missouri vs. County of St Louis**
John Lewis being duly sworn upon his oath easy that he will faithfully and impartially discharge his duties as Jury Commissioner of St Louis County. Sworn to and subscribed before me this twenty fourth day of October. A D, 1859. (seal) [Wilness ?] my hand and the seal of the St Louis Court of Common Pleas, hereto affixed at office in the City of St Louis the day and year last above written. C N Hicks Clk.
**John F Darby vs 535 William Risley, Jacob Merritt, Henry B Merritt and John J Mudd**
On note.
Now comes the plaintiff, by his attorney, and the defendant, John J Mudd, also comes and waiving service of process enters his appearance to this action and varies all right to plead or defend herein, but the defendants, William Risley and Jacob Merritt, although duly summoned and called come not but make default, wherefore the petition herein is taken against them as confessed, thereupon the plaintiff dismisses this suit as to Henry B Merritt, and submits this cause to the Court, 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 twenty six hundred and eighty one dollars and twenty nine 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.
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**Viewer Page 134** (rcdbook1859_29_0133.jpg)
> Handwritten Page Number on Record Book: 126
Court met pursuant to adjournment. Present as before.
Joel R Burnett, whose identity is proven by John M Krum and John R Shepley, examined under oath, acknowledges the execution of a dud of emancipation to Catharine Napier, a light mulatto aged about twenty nine years and her female child Virginia aged about two years.
**William H Barkodale etal vs 380 Nathaniel Childs Jr**
Answer filed.
**Lorenzo P Sanger etal vs 222 North Missouri R R Co**
Continued.
**Edward Maddock vs 843 Elson T Wright**
On motion of plaintiff, by his attorney, leave is given to file an amended petition. Amended Petition filed.
**St Louis and Iron Mountain Rail Road Company vs Thomas Leitensdorfer**
Petition to condemn Land.
Now at this day come the parties aforesaid, by their respective attorneys, and the plaintiff files a petition and no sufficient cause being Shorn against granting the prayer of the sad petitioner, it is therefore ordered that Thomas W Levant, Bernard Poepping, Napoleon B Franklin, Jacob Stein and Charles Steffani be and they are here by appointed Commissioners to as curtain and appraise the compensation tot be made to the said defendant for the real estate proposed to be taken for the used of the said Company and the Court doth further appoint the second day of November, eighteen hundred and fifty nine, at the hour of ten o'clock in the forenoon of that day on the premises as the time and place for the first meeting of said Commissioners.
**John F Anderson etal vs 334 Joseph Coglin etal**
On motion of the plaintiffs, by their attorney, it is ordered that the garnishees Thomas [Faales ?] and E Costerlin be discharged at the plaintiffs costs and that execution issue therefor.
**Caleb Rice vs 208 George W Hunger Ford**
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at this costs and that execution issue therefor.
**Caleb Rice vs 209 D Robt Barclay**
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at this costs and that execution issue therefor.
**Cabin F Burnes vs 852 Charles Marlow**
On notes and Bills of Exchange.
Now comes the plaintiff, by his attorney, but the defendant although duly called, comes not nor has he pleaded herein, wherefore on motion of the plaintiff, it is ordered by the Court that the petition be taken against 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 of thirteen hundred and five dollars and ten cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and also his cost herein expended and have execution therefor.
**John Deitz vs Mound City Fire and Marine Ins Co**
Depositions for plaintiff opened and filed.
**Wm Milburn et al vs 18 Thos C Reynolds**
Continued.
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**Jacob J Samuels, Joseph Holzman and George Holzman vs Jacob Goldsmith**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the statement of the defendant confessing himself indebted to the plaintiffs in the sum of forty nine hunrdred and forty six dollars, and five cents and authorizing the entering up of judgment by the Court that the plaintiffs recover of the defendant the debt aforesaid as confessed and also their costs herein expended and have execution therefor.
**Jacob J Samuels and Joseph Holzman vs Jacob Goldsmith**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the statement of the defendant confessing himself indebted to the plaintiffs in the sum of twenty eight hundred and fifty dollars and sixty seven cents and authorizing the entering up of judgment against him in favor of the plaintiffs for that sum. It is therefore considered bythe Court that the plaintiffs recover of the defendant the debt aforesaid as confessed and also his costs herein expended and have execution therefor.
**John W Beard and William C Jamison Executor and trustees under the Will of David F Goodfellow and Mary Goodfellow vs 496. Morris Rearidon**
Petition for Injunction.
Now come the plaintiffs, by their attorney, and the defendant in proper person, also comes, and the parties file an agreement and consent that judgment may be rendered in favor of the plaintiffs and against the defendant and the damages be assessed at the sum of one cent. It is therefore considered by the Court that the Injunction granted herein be rendered perpetual, as therein recived, and that the plaintiffs recover of the defendant the damages aforesaid as agreed upon and also their costs herein expended and have execution therefor.
**Peter Haydon, and Pollock Wilson vs 571 Henry W Williams. Jesse [Arnot ?] and Anderson Arnot**
On notes.
Now come the plaintiffs, by their attorney, but he defendant Jesse Arnot, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed; and the other defendants although called come not; and the Court finds form the instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of seven hundred and thrity four dollars and ninety eight cents. It is therefor considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs herein expended and have execution therefor.
**Jacob Fackler vs 186. William H Fackler administrator de bonis non of Henry Fackler**
The death of the plaintiff having been suggested to the Court at a former turn and no steps having been taken to bring in the legal representatives of said plaintiff, it is therefore ordered by the Court that this suit abate.
**Warren Reed vs 153. Frederick R Conway**
Case.
Now come the parties, by their respective attorneys, and also come a Jury to wit; Samuel willi, Sylvester Watts, James Gilbraith, W J Fetter, H Richards, Henry Schroeder, Edward Leiber, James Vaughn, J W Bevere, C Wright, C H Vance and John Bryan, twelve good and lawful men, who being duly elected, tied and Sworn the issue herein joined well and truly to try the trial progressed but no being finished is laid over until to morrow.
**Wm Farrell admr etal vs Ja Brennon admix etal**
motion for a new trial filed.
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> Handwritten Page Number on Record Book: 128
Court met pursuant to adjournment. Present as before.
**John A Ubsdell etal vs 813 Edward R Bates etal garn.**
On motion of the garnishee Augustus W Alexander, by his attorney it is ordered by the Court that he be discharged hence at the plaintiffs costs and that execution issue therefor. The sum of ten dollars is at, Lowed said garnishee for answering herein.
**Adam Jacobs etal vs David L Latourette etal**
On motion of the plaintiffs, by their attorney, a dedimus is awarded them to Illinois.
**Charles William Gauss vs 870 William Gallsher**
Confession of judgment.
Now comes the plaintiff, by his attorney, and the defendant also comes and files a statement in writing confessing himself indebted to the plaintiff in the sum of eight hundred and fort nine dollars and ninety one cents and authorizing theentering up of judgment against him for that amount in favor of the plaintiff. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as confessed and also his costs herein expended and have execution therefor.
**In the matter of the County of St Louis**
Now at this day come Frederick Hyatt, John Simonds and Edward Haren, the Commissioners appointed to examine into the affairs of St Louis County, and file a report of their proceedings; and the said Commissioners also exhibit and file their final accounts for services rendered, and the Court Examines the same and allows to Frederick K Hyatt the sum of eighty dollars, to Edward Haren the sum of seventy two dollars, and to John Simonds the sum of sixty four dollars, and orders that the said amounts be certified to the Board of Commis sioner of St Louis County for payment.
**Alfred M Farley vs E W Barnes and L H Clagstone**
Order of Injunction.
Now comes the plaintiff, by his attorney, and no cause having been shorn to the contrary, and the plaintiff filing a bond in the sum of fifteen hundred dollars with A K Grant and Thos J Hilton, as securities, which is approved, it is ordered that the defendant, E W Barnes, his agents and attorneys, be restrained and enjoined, until the further order of this Court from using ht firm name of Farley Barnes and Company for any purpose whatever and from removing any of the books or papers or other property of said firm or making any use or disposition thereof, and said L H Clagstone, his agents and attorneys, be restrained and enjoined, until the further order of this Court, Form collecting transferring or using in any way any noted, accounts, or other evidences of debt, or any property whatsoever conveyed to him individually or as the agent, or representative of others, by the said Barnes, acting in the name of Farley Barnes and Company; and the Court, being fully advised of and concerning the application for the appointment of a receiver, doth order and adjudge that James E Blythe be appointed Receiver of the books of account, papers and all the goods, chattels and effects of the said form of Farley Barnes and Company and that he take possession of the same; and it is further ordered that the said Receiver, before entering upon the discharge of his duties, file a bond in the sum of two thousand dollars, conditioned according to law, and take the required oath for the faithful discharge of his duties. Thereupon the said Receiver files a bond, which is approved by the Court.
**Elizabeth Birch Assignee of J A Smith vs Enno Sander**
Reply and also Exhibit A filed.
---
**Viewer Page 137** (rcdbook1859_29_0136.jpg)
> Handwritten Page Number on Record Book: 129
**John W Darby vs 399 Perry Cornell**
Depositions for plaintiff opened and filed
**Saml L Hertz vs Lucien H Fuller**
Depositions for plaintiff opened and filed
**Wm L Catherwood etal vs Lucius Busch**
Depositions for plaintiff opened and filed.
**In the mater of the assignment of Henry Bright**
Inventory filed.
**Edward Maddock vs 343. Elson T Wright**
affidavit of service of amended petition filed.
**Warren Reed vs Frederick R Conway**
Now come again the parties, by their respective attorneys, and also come the Furors, empanneled and sworn herein, and he trial progressed but not being finished is laid over until to morrow.
Court met pursuant to adjournment. Present as before.
**Louis Engel admr vs Geo L Bernicker etal**
On motion of the defendants, by their attorney, it is ordered that the Clerk of this Court pay over to said defendants, or their attorney of record, the a mount deposited in Court by the received in this cause.
**Geo P Fein vs 614 Adolph Dertelmoser garn.**
Reply to amended denial of answer filed by garnishee.
**In the matter of the assignment of Charles Marlow**
Now come the assignees and file a petition to pay off deed of trust on personality, and the Court, upon due consideration thereof, doth order that the assignees pay, out of the first moneys coming to their hands, the notes mentioned in said petition, and for the payment of which a deed of trust was executed, and that said notes when paid be returned and filed in this Court with the deed of trust as vouchers therefor.
**Henry A Robbins and Daniel F Appleton vs Edward Rowe**
Now come the plaintiffs, by their attorney, and file a petition and also the voluntary appearance of the defendant.
**Julius H Smith vs 143 Jas D Houseman**
The defendant filed exceptions to the Commissioners Report.
---
**Viewer Page 138** (rcdbook1859_29_0137.jpg)
> Handwritten Page Number on Record Book: 130
**Albertine Jacob vs 682 Teresa E Nolan**
Motion for security for costs filed.
**Wm W Harnaker vs 673 Stephen Haskell etal**
Depositions for defendants opened and filed, and exhibit attached thereto filed.
**John Riordan vs 287 Ohis and Mississippi Rail Road Co**
Depositions for plaintiff opened and filed.
**Warren Reed vs Frederick R Conway**
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein and the trial of this cause progressed but not being finished is laid over until to morrow.
Court met pursuant to adjournment. Present as before.
**Henry S Parker and James Patterson vs 871 Erastus S Gee and Peter R Black**
Confession of Judgment.
Now come the defendants and file a duly verified statement confessing them selves indebted to the plaintiffs in the sum of three hundred and forty four dollars and eight cents, and authorizing the entering up of judgment against them in favor of the plaintiffs for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as confessed and also their costs herein expended and have execution therefor.
**James Patterson and Gilford T Chamberlain vs 872 Erastus S Gee and Peter R Black**
Confession of Judgment.
Now come the defendants and file a duly verified statement confessing themselves indebted to the plaintiffs in the sum of three hundred and sixteen dollars and eighteen cents, and authorizing the entering up of judgment against them in favor of the plaintiffs for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as confessed and also their costs herein expended and have execution therefor.
**Aduah Sackett, George H Sackett, Thomas Davis, Lauriston Torme and George B Feio vs 723 Louis Mayer**
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 plaintiffs, the petition herein is taken against the said defendant as confessed; ad the Court finds from the Court finds from the instruments in writing on which this action is founded that the defendant owes the plaintiffs there hundred and ninety dollars and thirty two cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
---
**Viewer Page 139** (rcdbook1859_29_0138.jpg)
> Handwritten Page Number on Record Book: 131
**Joseph N Hinds vs Adam Hammer and Dominie Urban**
Confession of Judgment.
Now comes the plaintiff, by his attorney, and file the duly verified statement, where by the defendants confess themselves indebted to the plaintiff in the sum of Six hundred and forty two dollars and sixteen cents, and authorize the entering up of judgment against tem in favor of the plaintiff for that amount. It is therefore considered by the Court that the plaintiff recover for the defendants the debt aforesaid as confessed and also his costs herein expended and have execution therefor.
**In the mater of he assignment of Edwin A Skeele**
On motion of the assignee herein, thirty days additional time is granted in which to file an inventory and appraisement herein.
**Mary Jane Eddy administratrix of James N Eddy vs 52 Joseph A Eddy**
Default.
Now come the plaintiff, by her attorney, but the defendant although duly summoned and called comes not but makes default, wherefore, on motion of plaintiff, the petition herein is taken against said defendant as confessed.
**Edward Marshall, Henry Dickinson, William Hargreaves and C Edward Smith vs 227 The Terre Haute Alton and St Louis Rail Road Company**
On note.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court finds form the instrument in writing or which two action is founded that the defendant owes the plaintiffs the sum of six hundred and seventy six dollars and eighty one cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs herein expended and have execution therefor.
**Edwin H Reynolds, Ezra S Dodge and Henry M Amsbury vs 435 Frederick A Kennon**
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 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 four dollars and ninety two cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs herein expended and have execution therefor.
**Edward Martin and Robert Morrison vs 439 Michael Gregg**
On notes.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court finds form the instrument in writing or which two action is founded that the defendant owes the plaintiffs one hundred and fifty nine dollars and one cent. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs herein expended and have execution therefor.
**Bank of the State of Missouri vs 497 Charles L Hunt and William M Cooke**
On Notes.
Now come the plaintiffs, by its attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against them as confessed; and the Court finds from the instruments in writing on which this action is founded that the defendant over plaintiff fifty six hundred and forty nine dollars and seventy 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 it costs herein expended and have execution therefor.
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**Viewer Page 140** (rcdbook1859_29_0139.jpg)
> Handwritten Page Number on Record Book: 132
**The Bank of the State of Missouri vs 498 Charles L Hunt and James H Comfort**
On Note.
Now comes the plaintiff, by its 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 plaintiff in the sum of forty eight hundred and fourteen dollars and fifty 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.
**The Bank of the State of Missouri vs 501 Alonzo D Fassett, Edward D Crossman, Abram Stevenson and Washington J Bevan**
On note.
Now comes the plaintiff, by its attorney, and dismisses this suit as to the defendant, Crossman, but the defendants, although duly summoned and called come not but make default, wherefore 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 seventeen dollars and 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,
**Rene Guillon, John Emory and J T Brown vs 335. Michael Gregg**
On note.
Now come the plaintiffs, by their attorneys, but the defendant, although duly summoned and called comes but makes default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendant owes the plaintiffs there hundred and sixty one dollars and thirty two cents. It is therefore considered by the Court that the plaintiffs recover of he defendant the debt aforesaid as found and their costs herein expended and have execution therefor.
**William Raiguel, Samuel Moore, William G Skillman, James M Whitly, Edward A Adams and Henry D Atkinson vs 336 Michael Gregg**
On Notes.
Now come the plaintiffs, by their attorneys, but the defendant, although duly summoned and called comes but makes default, wherefore the Court finds from the instrument in writing on which this action is founded that the defendant owes the plaintiffs the sum of eight hundred and thirty seven dollars and twelve cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found also their costs herein expended and have execution therefor.
**Walter Bridge vs 337 Michael Gregg**
On Note.
Now comes the plaintiff, by his attorneys, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court finds from the note herein that the defendant owes the plaintiff two hundred and fifty five dollars and fifty three cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and also his costs herein expended and have execution therefor.
**George H Chase and William H Chase vs 554 John Edward Henn**
On note.
Now comes the plaintiff, by his attorneys, but the defendant, although duly summoned and called, comes not but makes default, wherefore the Court finds from the note herein that the defendant owes the plaintiff two hundred and sixty dollars and sixty six 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 execution therefor.
**John Grether vs 118 Wm B Watson**
Amended petition filed by leave of Court.
**Saml Cupples etal vs 196 Perry Brown**
Answer filed.
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**Viewer Page 141** (rcdbook1859_29_0140.jpg)
> Handwritten Page Number on Record Book: 133
**Mary Jane Cantwell by her next friend James M [Mcnenry ?] vs 19 John W Cantwell**
Order of Publication.
Now comes the plaintiff, by her attorney, and files a petition and also an affidavit, from which it appears that the defendant is a non resident of this State, therefore, on motion of said plaintiff, it is ordered that the defendant be notified that oncivil action has been commenced against him to obtain a decree of divorce form the bonds of matrimony existing between said plaintiff and defendant, on the founds of will full desertion and cruel and barbarous treatment, and that unless he appear at the next term of this Court, to the begun and held at the City of St Louis within and for the County St Louis, on the first Monday of February next, and, on or before the Sixth day thereof, answer to the action aforesaid, according to law, the petition herein will be taken against him as confessed, And 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.
**Nimrod Beck vs 369 James Cuddy and Philips Kingsland**
Order of Reference,
Now come the parties, by their respective attorneys, and the plaintiff mores the court to refer this cause, and the court upon due consideration thereof, doth order that this cause be refused to William H Stone and Basil W Alexander, who ma choose an umpire, to hear and determine the matters in controversy herein, and that they report thereof as early as practicable.
**James Shriver etal vs 484 Alfred M Waterman etal**
Default.
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.
**Henry Albro vs 437 Charles Marlow**
Default.
Now come the plaintiffs, by his attorney, but the defendants, although duly Aummoned and called, comes not but makes default, wherefore the petition herin is taken against him as confessed.
**Walter Cresson vs 352 Henry [Bilsterin ?] etal**
Default.
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.
Ordered by the Court that all cases set for trial on and after October, thirty first, be set a head two weeks from the respective days on which they are now set.
**Warren Reed vs Frederic R Conway**
Now at this day come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein, and the trial of this cause progressed, but not being finished is laid over until morrow.
---
**Viewer Page 142** (rcdbook1859_29_0141.jpg)
> Handwritten Page Number on Record Book: 134
Court met pursuant to adjournment. Present as before.
**Henry Lut vs 114 Geo Buttner**
Answer filed.
**Madison Y Johnson vs 167 C D Sullivan**
Continued by consent of parties.
**The St Louis and Iron Mountain Rail Road Company vs 416 Louis G z Picot**
Dismissal.
On motion of the plaintiffs, by attorney, it is ordered that this cause be dismissed at its costs and that execution issue therefor.
**Sarah Witherill etal vs 122 F A Hunt**
On motion of the plaintiffs, by their attorney, leave is given to amend the petition and with herein; which is accordingly done by inserting the full name, Francis, of the defendant herein.
**Wm Farrell admr etal vs Jas Brennan admr etal**
Motion to set aside judgment for costs filed.
**Thos B Wing vs 846 Franklin Weston etal garn.**
Daniel of answer filed.
**John [February ?] vs 533. Jno Reilly**
Depositions for plaintiff opened and filed.
**John Manly vs 73. Henry Buesmeyer etal**
On motion of the plaintiff, by his attorney, it is ordered by the Court that the default entered herein against the defendant John Nicholay, be set aside and vacated.
**Robt H Hodgson etal vs W L F Gage etal**
On motion of plaintiff as dedimus is awarded them to Ohio.
**Henry Homan etal vs 450 Newton S Gay etal**
On motion of plaintiff as dedimus is awarded them to Ohio.
**James F Glenn vs 38 Chas H Sattmarsh etal**
John G Page, one of the Commissioners files a Report herein.
**George T Jackson vs Edwin A Skule**
Now comes the plaintiff, by his attorney, and filed a petition and also the appearance of the defendant to this action.
**Warren Reed no Frederick R Conway**
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein and the trial progressed and being finishedthe Jurors retire to consider of their verdict.
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**Viewer Page 143** (rcdbook1859_29_0142.jpg)
> Handwritten Page Number on Record Book: 135
Court met pursuant to adjournment. Present as before
**Julia Eliza Michaw vs Brannock Jones**
Confession of Judgment.
Now comes the plaintiff, by her attorney, and the defendant, also comes and files a duly verified statement confessing himself indebted to the plaintiff in the sum of five hundred and one dollars and fifty cents and authorizing the entering up of judgment against him in favor of the plaintiff for that amount. It is therefore considered by the Court that the said plaintiff recover of the said defendant the debt aforesaid as confessed and also her costs in this behalf expended and have execution therefor.
**In the matter of the assignment of Henry Bright Jr**
On motion of the assignee, the Court appoints James E Dudderidge and William M Robinson appraisers to appraise assets inventoried herein.
**John P Gould etal vs 93. Geo Trowbridge etal**
Depositions for defendants opened and filed.
Wm J Martin is admitted and enrolled as a member of this bar.
**Augustus F Shapleigh etal vs 99 Joseph W Hoke etal**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismisses at their costs and that execution issue therefor.
**G M Murtry administrator of Harvey H Humphrey vs 13. James Castello**
Dismissal.
The plaintiff having failed to file an additional replevin bond within the time given and required for him so to do, therefore, on motion of the defendant by his attorney, it is offered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Augustus F Shapleigh etal vs 933. James H [Laeas ?] etal**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor.
**Charles Hoffman vs 163 Emelia Riehl**
The death of the plaintiff having been suggested at the present term, on motion of the attorney for said plaintiff, it is ordered by the Court that this suit abate.
**John B Henderson vs 525 Edward A Goodrich garnishee of William Vantelbourgh**
On motion of the plaintiff, by his attorney, it is ordered that the said garnishee be discharged hence at the costs of said plaintiff and that execution issue therefor.
**Samuel Cupples etal vs 196 Perry Broun**
Demurrer as to part of answer filed.
**State if Missouri use of Cha Boswell vs 191 Isaac Rosenfeld Jr etal**
Answer filed.
**Stare of Missouri use of Alex Riddle vs 159 Isaac Rosenfeld Jr etal**
Answer filed.
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**Viewer Page 144** (rcdbook1859_29_0143.jpg)
> Handwritten Page Number on Record Book: 136
**[Lemuel ?] H Paxton etal vs Henry Buesmeyer**
Assignment of Judgment filed by the plaintiffs.
**James C Rainey vs 23 Michael Bunk, Austin Clark and Alexander Christy**
on account.
Now come the parties, by their respective attorneys, and also a Jury, to wit; Louis Krauthoff, August Frichtle, Frederick Barkhoffer, Carstan Hoffman, Frank Herkemeier, August Hay, John Bowell, L R Wyman, John T Dowdall, F Krage, Bernard M Sorley, and Charles Webb, 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.
**Francis M Faul etal vs 294 St Louis Alton and Chicago Rail Road Company**
Motion for judgment on for the coming bond filed.
Court met pursuant to adjournment. Present as before.
**Andrew M Alpin, Benjamin P Himman and Henry M Alpin vs 255 Charles Marlow**
On Bill of Exchange.
Now come the parties, by their respective attorneys, and the plaintiffs file a bond for costs with James C Moody, as security, which bond is approved, thereupon the Court doth overrule the motion to dismiss this suit; and the parties consent and agree that judgment be rendered herein in favor of the plaintiffs and against the defendant for the sum of one hundred and eighty two dollars and sixty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as agreed upon and also their costs herein expended and have execution therefor.
**Chas Wall etal vs 473. Jas O Carson etal**
By leave of Court the plaintiffs withdraw the notes sued on and file a receipt therefor.
**Henry Weil vs 805 Charles Marlow**
On Bill of Exchange.
Now come parties, by their respective attorneys, and the defendant withdraws his motion to dismiss this suit; and the parties consent and agree that judgment may be rendered herein and favor of the plaintiff and against the defendant for the sum of six hundred and seventy four dollars and eighteen cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as agreed upon and also his costs in this behalf expended and have execution therefor.
**Ernst A Solf vs 724 Henry Schleibaume**
On motion of the plaintiff, it is ordered that this cause be dismissed at his costs and that execution issue therefor.
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**Viewer Page 145** (rcdbook1859_29_0144.jpg)
> Handwritten Page Number on Record Book: 137
**Benjamin T Babbitt vs John S Thompson etal**
on motion of plaintiff, by his attorney, leave is given to withdraw the depositions filed herein, which is accordingly done.
**Grace L Barnes vs 242 Henry M Barnec**
Motion to strike out demurrer and answer and to take petition for confessed filed
**George T Jackson vs Edwin A Skeele**
The defendant filed an answer herein.
**Edward P Tesson vs John W Hedenberg**
Order of Publication.
The plaintiff files a petition and also an affidavit staying that the defendant is a non resident of this State, therefore, 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 hundred and seventy six dollar and thirty one cents onaccount of a promissory note executed by the defendant and that his property has been attach 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 first Monday of February next, and on or before the thirds day three of 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 Republican, a newspaper printed and published in the City of St Louis.
**Rene Guillon etal vs 335 Michael Gregg**
Now come the parties, by their attorneys, and de file an agreement and by their consent it is ordered by the Court that the judgment herein be set aside and vacated and this cause dismissed at the defendants costs and that execution issue therefor. By like consent the defendant withdraws the notes sued on.
**William Raiguel et al vs 336 Michael Gregg**
Now come the parties, by their attorneys, and de file an agreement, and by their consent, it is ordered by the Court that the judgment herein be set aside and vacated and this cause dismissed at the defendants costs and that execution issue therefor. By consent the defendant withdraws the notes sued on.
**Walter Bridge vs 337 Michael Gregg**
Now come the parties, by their attorneys, and de file an agreement, and by their consent, it is ordered by the Court that the judgment herein be set aside and vacated and this cause dismissed at the defendants costs and that execution issue therefor. By consent defendant withdraws the notes sued on.
**Edward Martin etal vs 436 Michael Gregg**
Now come the parties, by their respective attorneys, and file an agreement, and by their consent it is ordered that the judgment rendered herein be set aside and vacated and this cause dismissed at the defendants costs and that execution issue therefor. By consent defendant withdraw notes sued on.
**Henry A Lyman, Jacob Stout and William Dimack vs George C Reed and Theodore Yates.**
Now come the plaintiffs, by their attorney, and file a petition and also the voluntary appearance of the defendants to this action.
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**Viewer Page 146** (rcdbook1859_29_0145.jpg)
> Handwritten Page Number on Record Book: 138
**James C Rainey vs 23. Michael Burk, Austin Clark and Alexander Christy.**
On account.
Now come again the parties, by their respective attorneys, and also the Jurors, empannelled and sworn herein, and the trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find for the defendant, Alexander Christy, and also find in favor of the plaintiff and against the defendants, Michael Burk and Austin Clark, and assess his damages at the sum of eighty seven dollars and thirty six cents. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf against the defendant Christy but that the said defendant go thereof without day, and that the said plaintiff recover of the defendants, Michael Burk and Austin Clark, the damages a foresaid in form aforesaid as assessed and also his costs in this behalf expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
**John Grether vs 118 William B Watson**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed and that each party pay his own costs and execution issue therefor.
**Upton L Boyce vs 124 W L Hutchings**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the defendants costs and that execution issue therefor.
**John B Henderson vs 525 Edward A Goodrich garnishee of William Vantelbourgh**
Now comes the said garnishee, by his attorney, and, on his motion, the Court allows him the sum of twenty five dollars for his trouble in appearing and answering herein to be taxed as costs.
**Thomas S Smith vs John Sigerson etal**
Depositions for plaintiff opened and filed.
**Franklin Grube vs 64 Fred K M Meyer**
Continued.
**William A McDowell vs 61 George J King**
Continued as on affidavit at plaintiffs costs.
**Henry Boernstein etal vs 25 Simon Eimer**
Continued.
**Jean C Thomassin vs 146 Frances Thomassin**
On motion of the plaintiff, by his attorney, it is ordered by the Court that an alias summons issue herein: cause continued.
**Warren Reed vs 153. Frederick R Conway**
Now come again the parties, by their respective attorneys, and also come the Jurors, empanneled and sworn herein, and upon their oaths say they are unable to agree upona verdict, wherefore it is ordered that the Jurors aforesaid be discharged from the further consideration of this cause, and that this cause be continued t the next term of this Court.
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**Viewer Page 147** (rcdbook1859_29_0146.jpg)
> Handwritten Page Number on Record Book: 139
**Patrick Leahey vs 235 Francis Dugdale admix**
Motion to dismiss appeal filed.
**Hamilton Bell etal vs William Dawson etal**
Ejectment.
Now come the attorneys for the plaintiffs, and suggest to the Court the death of William Leguerrier, since the commencement of this suit, thereupon come Leon Longuemare, Isabella, his wife, Charles Longuemare, and Felicite, his wife, and enter their appearance as parties plaintiff to this action; and also come the attorneys for the defendants and suggest to the Court the death of Joseph S Null, since the commencement of this suit; thereupon comes corneluis Voorhis, Executor of said Joseph S Null and enters his appearance as a party defendant to this action; and, on motion, the Court appoints the said Corneluis Voorhis guardian and listen of William C Null, and the said Voorhis accepts the appointment, and enters the appearance of the said William C Null as a party defendant to this action; thereupon come a Jury, to wit; August Frichtle, Augustus Hay, John Rerchers, Leopold Schleicker, Patrick M Donaldo, S J Mullen, Daniel Byrne, Peter Pipenbrier, Jacob Albertz, William Warrance W Shield and H S Reed, twelve good and lawful en, 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.
**Ann E Barnhurst vs Samuel Barnhurst**
Decree of Divorce.
Now comes the plaintiff, by her attorney, and the default of the defendant having been hereto fore entered and the petition herein taken against him as confessesd, the Court proceed to hear the proof herein and having duly heard and considered the same and being satisfied there from that the plaintiff is a person of good moral character and an innocent and injured party 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 restored to all the rights and privileges of an unmarried person: and it further appearing to the Court that the defendant from his habits and cause of life is an unsuitable person to have the care, custody and maintenance of the infant children, John Henry, Joseph Samuel, and Mary Emma, Mentioned in the petition, who are of tender years, it is further ordered adjudged and decreed by the Court that the said plaintiff have the care, custody and control and maintenance 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. It is further ordered that the plaintiff pay the costs of this suit and that execution issue therefore.
---
**Viewer Page 148** (rcdbook1859_29_0147.jpg)
> Handwritten Page Number on Record Book: 140
Court met pursuant to adjournment. present as before.
**Samuel Cupples etal vs 196 Perry Brown**
Depositions for defendant opened and fileds.
**Robt R Levick vs 823 Geo Cooper garn.**
Answer filed.
**Edward P Tesson vs 21 John W Hedenberg**
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefore.
**George G Presbury and John D Taylor vs 779 George P Field and William Hassinger**
On note.
Now come the plaintiffs, by their attorney, and dismiss this suit as to the defendant, George P Field, but the defendant, William Hassinger, although duly sum moned 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 instrument in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of seven hundred and thirty nine dollars and sixty nine cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs herein expended and have execution there for: and it is ordered that this judgment bear interest at the rate of ten per cent per annum: By leave of Court first had and obtained plaintiffs withdraw the note sued on, and file a copy therof.
**Frederick [P fund ?] vs Barthold [Vennervitz ?]**
Confession of Judgment.
Now comes the plaintiff, by his attorney and also comes the defendant and files a statement in writing duly verified by affidavit confessing himself indebted to the plaintiff in the sum of five hundred dollars and authorizing the entering up of judgment 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 debt aforesaid as confessed and his costs herein expended and have execution therefore.
**In the matte of the assignment of Solomon Meyer and Simon Lopez**
The assignees file an directory herein and on their motion the Court appoint Isaac Rosenstein and Louis Bawman appraises to appraise the assets as inventoried.
**Thomas I [Laurenson ?] vs 459 Thos F [Laweson ?] etal**
Motion for security for costs filed.
**Hamilton Bell etal vs 87 William Dawson etal**
Ejectment.
Now come again the parties, by their respective attorneys, and also the Jurors empaneled and sworn herein, and the trial progressed but not being finished is laid over until to morrow.
---
**Viewer Page 149** (rcdbook1859_29_0148.jpg)
> Handwritten Page Number on Record Book: 141
Court met pursuant to adjournment Present as before.
**Alfred L Field and [Spafford ?] C Field vs J Clark Manchester and Charles R P Wentworth**
Order of publication.
The plaintiffs file a petition, and also an affidavit from which it appears toCourt that the defendants are non residents of this state, therefore, on motion of the plaintiffs, by their attorney, it is ordered that the defendants be notified that a civil action has been commenced against them for the sum of twenty two hundred and one dollars and sixteen cents, on account of a judgment obtained in the District Court of the United States for the District of Wisconsin against the defendants in favor of John A Blanchard and others of which the plaintiffs are the assignees, and that their property has been attached; and unless they appear at the next term of this Court to be begun and held at the City of St Louis, within and for the Country of St Louis, on the first 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 them and their property sold to satisfy the same. And it is further ordered that a copy hereof be published, according to law, in the Missouri Republican, a newspaper printed and published in the City of St Louis.
**William H Barksdale etal vs 420 George R Michael**
Satisfaction.
Now come the plaintiffs, by their attorney, and acknowledge to have received full and entire satisfaction of the judgment rendered herein for the sum of twelve hundred and ninety seven dollars and fifty cents on the thirty first of May last past.
**George W King vs 65 C C King**
Order of Publication.
The Sheriff having mad return that the defendant cannot be found and the Court being satisfied the process cannot be served, therefore, 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 four hundred and fifty eight dollars and sixty four cents on account of three promissory notes executed by the defendant in favor of the plaintiff, and that his property has been attached; and unless be approval the next term of this Court to be begun and held at the City of St Louis, within and for theCountry of St Louis, on the first 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.
**The St Louis and Iron Mountain Rail Road Company vs 422 John Sigerson et al**
Dismissal.
On motion of the plaintiff, by its attorney, it is ordered that this cause be dismissed at its costs and that execution issue therefore.
**Jacob Ensminger et al vs 333. John Baker and John E Lockwood**
On motion of the plaintiffs by their attorney, it is ordered that an alias summoned issues herein: Cause continued.
**Alexander [Cwiksharnk ?] vs 661 Robert P Clarke, R G parke and James Cuddy.**
Satisfaction.
Now comes the plaintiff, by his attorney, and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the twenty eighth day of September last past.
**George Wambsgaust vs 644 Louis Stella**
By leave of Court plaintiff withdraws notes sued on and files copies thereof.
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**Viewer Page 150** (rcdbook1859_29_0149.jpg)
> Handwritten Page Number on Record Book: 142
**Francis Saler vs Barthold Venrewitz**
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by affidavit, confessing himself indebted to the plaintiff in the sum of six hundred and sixty six dollars and sixteen cents and authorizing the entering up of judgment against him in form of the plaintiff for that amount. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as confessed and also his costs herein expended and have execution therefore: and it is ordered that this judgment bear interest at ten per cent per annum.
**Joel D Smith etal vs 630 John J Mitchell etal**
On motion of the plaintiffs, by their attorney, a dedimus is awarded them to Illinois.
**Louis V Bogy et al vs 101 Bennett P Voorhies etal**
The defendant Voorhies files a demurrer herein.
**Edward Maddock vs 343 Elsen J Wright**
affidavit of partnership filed.
**Hamilton Bell etal vs William Dawson**
Ejectment.
Now come again the parties, by their respective attorney, and also the Jurors empanelled and sworn herein and the trial progressed but not being finished is laid over until to morrow.
Court met pursuant to adjournment. Present as before.
On motion, George Partridge is admitted and enrolled as a member of this bar.
On motion, Samuel M Mills is admitted and enrolled as a member of this bar.
**Joel D Smith etal vs 630 John J Mitchell etal**
On motion of the plaintiffs, by their attorney, a Commission is awarded them to take depositions in Illinois on the twelfth instant; and it is ordered that they give the defendants notice forthwith of the time of taking said depositions.
**Wm B Watson vs Abraham A Vanl Dormer and James C Reed**
On motion of the defendants, by their attorney, a dedimus is awarded them to the State of Pennsylvania.
**George Joes etal vs 370 H B Merritt etal**
Motion for leave to file an amended answer and counterclaim filed.
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**Viewer Page 151** (rcdbook1859_29_0150.jpg)
> Handwritten Page Number on Record Book: 143
**Hamilton Bell, Marie Duroche, Joseph Philibert Sr, Joseph Philibert, Jr, Benjamin Philbert, Julia his wife, John B Philibert, August Philibert, Henry Philibert, Adolph Philibert, Edward C Philibert, Andrew S Barada, Eliza his wife, Charles Leguerrier, Marie Philibert, Leon Longuemare, Isabella his wife, Charles Longuemare and Felicite his wife vs 87 William Dawson, John S M Cune, Peter L Van Deventer, Cornelius Voorhis Executor of Joseph S Hull, and William C Hull by Cormelius Voorhis guardian ad litem.**
Ejectment.
Now at this day come again theparties, by their respective attorneys, and also the Jurors empanneled and sworn herein, and thereupon the trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid find the following verdict, to wit; We the Jury find for the defendants. Henry S Reed, Foreman. It is therefore considered by the Court that the plaintiffs take nothing by their suit in the behalf, but that the defendants go thereof without day and recover of the said plaintiffs their costs and charges in this behalf expended and have execution therefor.
On motion, Charles H Branscomb is admitted and enrolled as a member of this Bar.
**Benjamin M Runyan, Daniel Hillman, and Charles E Hillman vs Charles N Brewster.**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the statement of the defendant confessing himself indebted to the plaintiffs in the sum of eleven hundred and three dollars and fifty cents and authorizing the entering up of judgment against him in favor of the plaintiffs for that amount. It is therefore consideredby the Court that the plaintiffs recover of the defendant the debt aforesaid as confessed and their costs herein expended and have execution thereof.
**In the matter of the assignment of Solomon Meyer and Simon Lopez**
Now come the appraises and file an appraisement herein, and also come the assignees and file a bond which is approved; and on motion of said assignees, it is ordered that they proceed to sell the property assigned at private sale for sixty days.
**Augustus M Dowell etal vs E E O Giles etal**
On motion of the plaintiffs, it is ordered that an alias summon issue for the defendant John Loughborough.
**Charles Speck, Robert M Dubois, Louis Ritterskamp vs 145 Steam Boat James C Woodruff**
Complaint.
Now come the parties, by their respective attorneys, and submit to the Court the defendants motion to suppress the depositions of Liebe and Gorsh, and the Court having duly heard and considered the said motion doth order that the same be sustained and that said depositions be suppressed, and the plaintiffs file an affidavit and move the Court for a continuance of this cause, which motion, after due consideration by the Court, is overruled; thereupon the attorney for the plaintiffs, suggests to the Court the death of the plaintiff, Robert M Dubois since the commencement of this suit, wherefore it is ordered by the Court that this suit proceed in the name of the other and surviving plaintiffs, and thereupon come a Jury, to wit; Louis Krauthoff, August Frichtle, Frederick Barkhoffer, Carstin Hoffman, Frank Herkemeyer, John Borrell, L R Wyman, J T Dowdall, F Krage, B M Sorley, Charles Webb and Frank Gennell, 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 said plaintiffs say they will not further prosecute their suit in this behalf but voluntarily take amonsuit with leave to more to set the same aside. It is therefore considered by the out day and recover of the plaintiffs, its costs and charges in this suit expended and have execution therefore.
---
**Viewer Page 152** (rcdbook1859_29_0151.jpg)
> Handwritten Page Number on Record Book: 144
**Thomas J Wood etal vs Martin Burke etal**
Depositions for defendants opened and filed.
Court met pursuant to adjournment. Present as before.
**Irwin Z Smith etal vs M Faul and Kelly**
Depositions for plaintiffs opened and filed.
**Peter Lindell vs 719 Pelagie Lee**
Answer filed.
**Grace L Barnes vs 242 Henry M Barnes**
Petition for Divorce.
Now come the parties, by their respective attorneys, and the plaintiff files a motion for an attachment for contempt and also interrogatories to be answered by the defendant, together with a notice of said motion, and on motion of the defendant, until Wednesday next the ninth instant is given him to answer said interrogatories.
**Benoni S Garland vs 637 Charrvin V Lebeau administrator of John F A Sanford**
Appeal from Probate Court.
Now come the parties, by their respective attorneys, and consent and agree that the judgment rendered herein be affirmed. It is therefore considered by the Court that the judgment rendered herein in the Probate Court of St Louis Country be and the same is hereby affirmed and that the plaintiff recover of the defendant his costs in this behalf expended.
**Felix Ostheim, Albert Ostheim and Adolphus Ostheim vs Dumont G Jones**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and also comes the defendant and files a statement duly verified by affidavit, whereby he confesses himself indebted to the plaintiffs in the sum of four hundred and nine dollars and twenty five cents, and authorizes the entering up of 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 debt aforesaid as confessed and also herein expended and have execution therefor.
**Samuel L M Barlow vs Joseph H Oglesby etal**
Depositions for defendants opened and files.
**Hamilton Bell etal vs 87 W Dawson etal**
Motion for a new trial filed.
**Chas Speck etal vs 145 J B Jas E Woodruff**
Motion to set aside non suit filed.
**George N Beard etal vs 51 William B Olmstead etal**
Now comes the defendant, Collins D White, and by leave of Court files an and answer herein.
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**Viewer Page 153** (rcdbook1859_29_0152.jpg)
> Handwritten Page Number on Record Book: 145
**Patrick Leahey etal vs 288 Bridget Dugdale administratrix of Francis Dugdale**
Appeal from Probate Court.
Now come the parties, by their respective attorneys, and submit to the Court the defendant motion to dismiss this appeal, and the Court, having duly heard and considered the said motion, doth over rule the same.
**State use of Jackson trustee vs 234 Chester W Pomeroy etal**
Continued by consent at defendants cost.
John F Darby, who is personally known to the Court, in open Court, acknowledges the execution of a deed of emancipation by him to his slave Agnes Mosely, a negro woman, rather tall aged about forty eight years.
**James Kehoe vs George W manning, Paul P Patchin and William Halpen**
Order for Delivery.
The plaintiff comes and files a petition and an 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 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.
**In the matter of the assignment of William S Hawken**
Christopher M Hawken, the assignee herein, files and application to be discharged from his trust as assignee.
**William Sevier vs 792 Adolphus Meyer etal**
On motion of the plaintiff by his attorney, until the twenty third instant is given him to reply herein.
Court met pursuant to adjournment. Present as before.
**Samuel Goulding etal vs 549 Elizah G Tuttle et al Garn.**
Agreement of Counsel filed.
**The Union Bank of Louisiana vs 428 A Titus**
Order of publication.
Now comes the plaintiff, by its attorney, and by leave of Court, first had and obtained files an amended petition herein, and on motion of the plaintiff, by its attorney, it is ordered that the defendant be notified that a civil action has been commenced against him for the sum of thirty five hundred and fifty nine dollars and eighty five cents on account of money, paid and advanced by the plaintiff to and for the use of the defendant, 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 Country of St Louis, on the firs Monday of February next and on or before the third day there of 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 here of 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 154** (rcdbook1859_29_0153.jpg)
> Handwritten Page Number on Record Book: 146
**St Louis and Iron Mountain Rail Road Company vs Thomas Leitensdorfer.**
It appearing to the satisfaction of the Court that the commissioners appointed to appraise the compensation to be made to the defendant failed to make their appraisal, by consent of parties, the Court doth appoint Thursday next, the tenth instant, at the how of ten o clock in the forenoon of that day, on the premises, as the time and place for the meeting of said Commissioners to appraise the compensation to be made to the defendant.
**William D Simpson etal vs 298 Michael S Cerre**
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not nor hath be pleaded to this action, wherefore, on motion of the plaintiff, it is ordered by the Court that the petition herein be taken against the said defendant as confessed.
**Patrick Leahy and Peter Nenan vs 238 Bridget Dugdale administrative of Francis Dugdale**
Appeal from probate Court.
Now come the parties, by their respective attorneys, and the defendant files a bill of exceptions herein; thereupon come a Jury, to wit; Charles Awarner, Robert Simpson, Rudolph Hoge, Herman Wolf, Frederick Hartman, Charles Tiernan Louis Kunkle, Henry A Stine, Edward M Hale, John King, J E D Diamond and William Walter, twelve good and lawful men who being day 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.
Court met pursuant to adjournment. Present as before.
**Jane Doyle vs John Doyle**
Now come the parties, by their respective attorneys, and the plaintiff files a motion to commit defendant for contempt and a notice of said motion and also interrogatories to said defendant, and the parties file an agreement and until Saturday the nineteenth instant is given said defendant to answer said interrogatories.
**Albert Kelly and George C Harding vs 504 James B Worthington and John P Denent**
On note.
Now come the plaintiffs, by their attorney, and dismisses this suit as to the defendant, John p Denent, but the defendant, Worthington, although duly summoned and called, comes not but makes default, wherefore 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 five hundred and seventy six dollars and ninety six cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs herein expended and have execution therefore: and it is ordered that this judgment bear interest at the rate of ten per cent per annum.
**Joel D Smith etal vs Samuel A Buckmaster etal**
Depositions for plaintiffs opened and filed.
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**Viewer Page 155** (rcdbook1859_29_0154.jpg)
> Handwritten Page Number on Record Book: 147
**James R Graham and George W Kepner vs Oliver S Watt**
Order for Deliver.
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 Country, 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 plaintiffs.
**Citizens Savings Institution vs Charles Meyers etal**
Depositions for defendants opened and filed.
**Bowman C Baker etal vs Frederick A Schmucker etal**
Depositions for plaintiffs opened and filed.
On motion, George N Leighton is admitted and enrolled as a member of this bar.
**Augustus M Dowell and Partrick F Loughran vs Alexander Edward Fraser.**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and the defendant also comes and files a statement in writing duly verified by affidavit, confessing himself indebted to the plaintiffs in the sum of one hundred and fifty seven dollars and forty six cents and authorizing the entering up of judgment against him in favor of the plaintiffs for that amount It is therefore considered by the Court that the plaintiffs recover of the dependant the debt aforesaid as confessed and also their costs herein expended and have execution therefore.
**Grace L Barnes vs 242 Henry M Barnes**
Proceedings against Henry M Barnes for contempt.
Now come the parties, by their respective attorneys, and the defendant files his answer to the interrogatories here to fore filed, and thereupon, by consent of parties, the Court doth order and adjudge that unless the said Henry M Barnes shall on or before the first Monday of December next fully comply with the order whole herein on the twenty first day of June last past and pay over the several sums of money directed by the said order or decree to be paid as therein directed he shall stand committed to the common jail of this country for the contempt which he has committed in not hereto fore complying therewith; and it is further ordered, that in case of further non compliance on the part of said Henry M Barnes as aforesaid, the proper process of commitment shall issues on the suggestion of the plaintiffs attorney.
**Patrick Leahey and Peter Nenan vs 238 Bridget Dugdale [admir ?] of Francis Dugdale.**
Now come again the parties, by their respective attorneys, and also the Jurors empaneled and sworn herein, and the trial progressed and being finished the Jurors recite to consider of their verdict.
**John Whitehill etal vs Andrew Zettel garn of Jno kopp**
Interrogatories filed by leave of Court.
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**Viewer Page 156** (rcdbook1859_29_0155.jpg)
> Handwritten Page Number on Record Book: 148
Court met pursuant to adjournment. Present as before.
**Robert R Levick vs 823 George Cooper garn.**
On motion of the plaintiff, by his attorney, until the twenty eight instant is given him to reply to said garnishees answer.
**Hull R Jackson vs 47 Nathan C Covington**
Continued
**Henry Vonphul etal vs 246 Robert Stevens garn.**
Continued
**John A Wosdell etal vs 30 John Cunningham**
No one appearing to prosecute this action it is ordered that the same be dismissed atthe plaintiffs costs and that execution issues therefore.
**Samuel Happer etal vs 62 Henry N Setzer**
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.
**George N Beard and Eleazer J Beard vs 57 William B Olmstead, Collins D White, and A C Ketchum**
On note.
Now come the plaintiffs, by their attorney, but the defendants, William B Olmstead and A C Ketchum, although duly called, come and; and plaintiffs file a motion for judgment against Collins D White as in default of answer and submits the said motion to the Court, and the Court, after due consideration thereof, doth sustain the same; 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 twenty nine dollars and thirty two 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 therefore: and it is ordered that this judgment bear interest at the rate of ten per cent per annum from this date until paid.
**George J Camp et al doing business under the name and style of the Belleville and St Louis Coal Company. vs Montgomery Schuyler.**
On motion of the said Montgomery Schuyler, by D J Iereelt his attorney, a Commission is awarded him to take depositions in the State of Michigan to be used in the trial of this cause before Justice Johnstone.
**John Burke vs 222 Edward F Dix**
This cause being called for trial, and no one appearing to prosecute the same, it is, on motion of the defendant, by his attorney, ordered that this cause be dismissed at the plaintiffs costs and that execution issues threfor.
**Patrick Leahey and Peter Nenan vs 238 Bridget Dugdale administratrix of Francis Dugdale**
Appeal from probate Court.
Now come again the parties, by their respective attorneys, and also come the Jurors, empanneled and sworn herein, and being agreed upon a verdict, upon this oaths, find for the plaintiffs and assess their damages at the sum of one thousand and seventy six dollars and forty nine cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid as assessed and also their costs herein expended.
**Robert H Hodgson etal vs 91 Walter L F Gage etal**
Depositions for plaintiffs opened and filed.
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**Viewer Page 157** (rcdbook1859_29_0156.jpg)
> Handwritten Page Number on Record Book: 149
**Emile Block Leopold Block and Julius Block vs 70 The Steam Boat Louisville**
Complaint.
Now come the parties, by their respective attorneys, and waiving a Jury submit this cause to the Court upon the pleadings exhibitsand proof and the Court having duly heard and considered the same doth 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 defendants go hereof without day and recover of the plaintiffs it costs and charges herein expended and have execution therefore. The plaintiffs file a motion for a new trial herein.
**John Mervick vs 34 William C Smith**
This cause being called for trial and no one appearing to prosecute, it is ordered that the same be dismissed at plaintiffs costs and that execution issues therefor.
**William W Baker vs Joseph S Pease**
Assignment of judgment to M W Warnefiled, and the said M W Warne as such assignee, acknowledges to have received full and entire satisfaction of the judgment rendered herein on the twenty second of May eighteen hundred and fifty five.
**The St Louis and Iron Mountain Rail Road Company vs Thomas Leitenodorfer**
The Commissioners appointed to assess the defendants damages file a report of their proceedings.
**Robert S Armstrong etal vs 556 Elijah G Tuttle et al garn.**
Abstract of issues filed.
Court met pursuant to adjournment. Present as before.
**Francis M Faul and William H Kelly vs 294 The St Louis Alton and Chicago Rail Road Company.**
Order for Delivery of property Attached.
Now come the plaintiffs, by their attorney, and withdraw their motion for judgment on the forth coming bond and file a motion for an order on the obligors in said bond to deliver over property to the Sheriff of St Louis Country, and submit the same to the Court, and the Court having duly heard and considered the same, doth order that Egbert B Brown, the principal, and Jesse Arnot and John M Wimer, the securities, in the bond given for the production for the property attached when and where the Court shall direct, deliver said property, to wit; four hundred and forty eight dollars in bank notes, commonly called currency, thirty two dollars and eighty cents in gold and silver, five writing desks, ten chairs, two iron safes, one ticked safe, two clocks, three maps, two letter presses, one carpet, one oil cloth carpet, one table, one counter, gas fixtures in office, three books account, three stools, one lot of way bill books, one manifest book, two cash books, two letter books, me table, one lot of pass books, one water cooler, one stove and pipe, one wash stand and one abstract book to the Sheriff of St Louis Country, at his office, in the Country of St Louis, on or before Monday next the fourteenth instant.
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**Viewer Page 158** (rcdbook1859_29_0157.jpg)
> Handwritten Page Number on Record Book: 150
**George Goss etal vs 370 H B Merritt etal**
Now come the parties, by their attorneys, and submit to the Court the defendants motion for leave to file an amended answer and counter claim, which motion, after due consideration by the Court, is sustained and leave is given to file an amended answer and counter claim; which is accordingly done.
**[Phebej ?] Allen vs 185 William Allen**
Default.
Now comes the plaintiff, by her 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 defandant as confessed.
**Charles Labarge vs 204 Peter Locke**
Answer filed.
**Jno P Gould etal vs Geo Trowbridge etal**
Depositions for defendants opened and filed.
**Thomas J Laurenson vs 459 Thomas F Laurenson etal**
On motion of the defendant, Jo Campbell, it is ordered that a subpoena duces tecum issue to S D Barlow to bring the original order from the defendants to said Barlow, dated October fourteenth eighteen hundred andfifty seven, to be used on the trial of this cause.
**David A Burrows vs 119 Heyman Levin**
On Bill of Exchange.
Now come the parties, by their respective attorneys, and consent and agree that judgment may be rendered in favor of the plaintiff and against the defendant forone cent and costs. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as agreed upon and also his costs herein expended and have execution therefore.
**Morris Langhorne etal vs 104 Joseph L Papin et al garn of Francis and Walton**
By consent of the plaintiffs and the garnishees, it is ordered by the Court that the said garnishees be did charged at the plaintiffs costs without an allowance and that execution issue for the costs.
**Patrick Leahey etal vs 238 Francis Dugdale's admr**
The dependent files a motion for a new trial.
**Alfred Hornbeck vs 26 George A Crawford, Charles Dinon, and William R Judson**
Order of Sale.
Michael S Cere, Esq, Sheriff of St Louis Country, comes and files a statement, from which it appears that the keeping of the property attached under the writ herein will be attended with great lap and expense before the probable termination of this suit; it is therefore ordered that the said Sheriff sell said propertyaccording 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.
**Jeremiah Buckley and Mary Buckley his wife vs Peter B Garesche administrator of J M Bealey**
Deposition of Hugh Clarkin on behalf of the plaintiffs opened and filed.
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**Viewer Page 159** (rcdbook1859_29_0158.jpg)
> Handwritten Page Number on Record Book: 151
**E Hastings etal vs 318 Henry S parker etal**
Depositions for plaintiffs opened and filed.
**State of Mo use of Rob B Clark etal vs Michael S Cerre etal**
Depositions for defendants opened and filed.
Court met pursuant to adjournment. present as before.
James O Broad head is, on motion of William J Wood, admitted and enrolled as a member of this Bar.
**Francis McFaul etal vs 294 St Louis alton and Chicago Rail Road company.**
Proof of service of order for delivery of property attached filed.
**William Wade, Daniel M Frost and Mary B Stewart vs Joseph B Holland**
Now come the parties, by their respective attorneys, and also come a Jury, to wit, Charles a Warner, Robert Simpson, Augustus Ken, Ira Stout, Martin Harble, Philip Rothenbucher, Peter Berger, Bernards Hanses, James Golway, R Strahle, John Storks and George M Wolfe, twelve good and lawful men who being duly elected td 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 plaintiffs take nothing by their suit in this behalf but that the defendant go hereof without day and recover of the plaintiffs his costs and charges in this suit expended and have execution therefore.
Court met pursuant to adjournment. Present as before.
**Francis Hamilton vs 345 Frederick Meyers etal**
Non suit.
Now comes the plaintiff, by his attorney, and says he will not further prosecute his suit in the is 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 said defendants go hereof without and recover of said, plaintiff their costs and charges herein expended and have execution therefore.
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**Viewer Page 160** (rcdbook1859_29_0159.jpg)
> Handwritten Page Number on Record Book: 152
**Job M Wing etal vs 123 Joseph Fisher**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefore.
**Louis Ripper vs 829 John Ripper**
Dismissal.
This cause being called for trial and no one appearing to prosecute, it is ordered that the same be dismissed a the plaintiffs costs.
**Thompson Stout vs 832 Anthony L Knapp etal**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefore.
**Thomas G C Davis vs 757 William M Stethem**
Dismissal.
On motion of the plaintiff, it is ordered that this cause be dismissed at his costs and that execution issue therefore.
**State of Missouri to the use of Joseph Ipold vs 514 Matthew S Malony 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.
**Thomas J [Lawenson ?] vs 459 Thomas F [Lawrenson ?] etal**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefore.
**Henry A Robbins and Daniel F Appleton vs Edward Rowe**
On Bill of Exchange.
Now come the plaintiffs, by their attorney, but the defendant, although duly 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 four hundred and eleven dollars and forty nine cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefore.
**Henry Wells President of the American Express Company vs 150 Michael A O'Rourke**
On Bond.
Now come the parties, by the irrespective 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 infavor of the plaintiff and doth assess his damages at the sum of two hundred and fifteen dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the sum of five [the sum of five ?] thousand dollars, the penalty of the bond, and also the costs of this suit and that he have execution for the sum of two hundred and fifteen dollars the damages aforesaid as assessed by the Court.
**Samuel Myerson vs 668 John Halliday and Washington M Olmstead administrator of Louis Olmstead.**
On Note
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Washington M Olmstead, but the defendant, Halliday although duly called still making default, 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 five dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of the said defendant, John Halliday, the debt aforesaid in form aforesaid in form aforesaid as found and also his costs in this behalf expended and have execution therefore.
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**Viewer Page 161** (rcdbook1859_29_0160.jpg)
> Handwritten Page Number on Record Book: 153
**Marshall J Smith Thomas R Foster Jr, Cavy W Bute and Douglass Voss vs 877 Cary Grats and Andrew J Alexander**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the statement of the defendantsduly verified by affidavit confessing themselves indebted to the plaintiffs in the sum of seven thousand seven hundred and eighty three dollars and eighty cents, and authorizing the entering up of judgment against them in favor of the plaintiffs for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as confessed and also their costs herein expended and have execution therefore.
**The St Louis and Iron Mountain Railroad Company vs 204 Frederick Schulenberg and Boeckler**
On Agreement or Contract.
Now comes the plaintiff, by its attorney, and dismisses this suit as to the defendant, Boeckler, but the defendant, Frederick Schulenberg, 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, Schulenberg, is indebted to the plaintiff in the sum of ten hundred and eighty dollars. It is therefore considered by the Court that the plaintiff recover of the defendent the debt aforesid in form aforeasid as founde and also it into herein expended and have execution therefore.
**The St Louis and Iron Mountain Rail Road Company vs 762 Charles C Kubler and F Steirgerwald**
On agreement. Now comes the plaintiff, by its attorney, and dismisses this suit as to the defendant, Kubler, but the defendant, F Steirgerwald, 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 is indebted to the plaintiff in the sum of five hundred and seventy eight dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found and also costs herein expended and have execution therefore.
**The St Louis and Iron Mountain Rail Road Company vs 709 Amos Andrews**
Dismissal.
On motion of the plaintiff, by its attorney, it is ordered that this cause be dismissed at its costs and that execution issue therefore.
**St Louis and Iron Mountain Rail Road Company vs 758 Thomas Lorenz**
On motion of the plaintiff, by its attorney, it is ordered the by Court that an alias Summons issue herein returnable at the next them.
**Edward P [Slvan ?] vs 883 James C Parks etal**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefore.
**Joel D Smith etal vs John J Mitchell etal**
Depositions for plaintiffs opened and filed.
**Edwd Dobyns vs 789 W C Null etal**
Continued by consent.
**W B Lent etal vs 588 W Baugh**
Depositions for defendant opened and filed.
**Mary E Triplett vs 788 W C Hull etal**
Continued by consent.
---
**Viewer Page 162** (rcdbook1859_29_0161.jpg)
> Handwritten Page Number on Record Book: 154
**Steam Boat Ben Bolt vs 862 H A Conant grant. Of S D Norman**
On motion of plaintiff by attorney it is ordered that said garnishee be discharged at plaintiffs costs and that execution issue therefor. The sum of ten dollars is allowed said garnishee.
**Stephen Price, Charles L Frost and [Eplaraim ?] Converse vs 42 David T Wheeler and S B Bullock**
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 defendants. It is therefore considered by the Court that the plaintiffs take nothing by their suit in this behalf but that the defendants go hereof without day and recover of the plaintiffs their costs and charge herein expended and have thereof execution. The plaintiffs file a motion for a new trial herein.
**The State of Missouri to the use of Charles S Hempstead vs 738 Felix Coste et al**
Now comes the plaintiff, by his attorney, and confess the demurrer herein and by leave of Court files an amended petition.
**Mary Elizabeth Louis vs 603. James C P Louis**
Default.
Now comes the plaintiff, by her attorney, but the defendant, although duly warned and solemnly called, come not but makes default, wherefore, on motion of the plaintiff, it is ordered that the petition herein be taken against said defendant as confessed.
**Eugene Miltenberger et al vs 421 John W Spalding et al**
On motion of the plaintiffs, by their attorney, a dedimus is awarded them to the State of Maryland.
**Vincent Boisanbin vs 73 William G Miller et al**
On motion of the plaintiff, by their attorney, a dedimus is awarded him to the State of Louisiana.
**William T Jennings et al vs 789 Moses D Meyers**
Motion to dismiss suit for want of security for costs filed.
**William Wade et al vs 78 Joseph B Holland**
Motion for a new trial filed.
**Thomas S Page vs 135 Albert Becker**
Answer filed.
**George Goss et al vs 378 H B Merritt et al**
Replication to amended answer filed.
**Simon Abeles vs 80 Wilson Henley and Joseph L Papin**
Change of Venue from Common Pleas. Now come the parties, by their respective attorneys and also come a Jury, to wit; Jacob Emick, S Lafountine, Wm T Selby, F T Harrington, John D Stedgeman, Xavier Roser, J F Mauntel, Valentine Bollman, B F White, Wm F Finch, Nicholas Astand John Murphy, 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 163** (rcdbook1859_29_0162.jpg)
> Handwritten Page Number on Record Book: 155
Court met pursuant to adjournment. Present before.
**Lawrence D Burke vs Philip H Murphy**
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by affidavit confessing himself indebted to the plaintiff in the sum of five hundred dollars and authorizing the entering up of judgment 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 debt aforesaid as confessed and also his costs herein expended and have execution therefore.
**Henry Buesmeyer vs 247 John Nicholas et al**
The motion for security for costs herein being heard and fully considered by the Court, it is ordered that the same be sustained: then days is giver to file security.
**Philip Thomas vs 445 Andrew Krautler**
The plaintiffs motion to strike out part of the answer herein being heard and fully understood by the Court it is ordered that the same be overruled.
**James V Westlake and Appleton A Button vs 471. Samuel W Crawford George B Boomer and George G Pride.**
On note.
Now come the plaintiffs, by their attorney and dismiss this suit as to the defendant, Pride, but the defendants, Samuel W Crawford and Geo B Boomer, although duly summoned and called come not but make default, wherefore, on motion of the plaintiffs, the petition herein is taken against the said defendants as confessed: and the Court finds from the instrument in writing on which this action if founded that the defendants are indebted to the plaintiffs in the sum of two hundred and thirty five dollar and seventy two cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their costs in this behalf expended and have execution therefor: and it is ordered that this judgment bear interest at ten percent per annum.
**William C Jamison vs 915 James Castello et al**
Now comes the plaintiff by his attorney, and suggests to the Court the death of Joseph Charles, issue the commencement of this suit, and on h is motion, Taylor Blow and and William T Blow are made codefendants herein in lieu of said Claress, and the said Taylor Blow and William T Blow come, by their attorney, and waiving process enter their appearance to this action.
**Bridget Sweeney vs 117 John Sweeney**
Default.
Now comes the plaintiff, by her attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore, the petition herein is taken against him as confessed.
**Frederick Heaman vs 361 Martin Hamerle**
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, and being fully advised of and concerning the promised, doth find the issues herein joined in favor of the defendant. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf but that the defendants go hereof without day and recover of the plaintiffs his costs and herein expended and have execution therefor.
**Citizens Bank of Steubenville vs 327 John B Carson**
The motion for security for costs herein is, after consideration by the Court, overruled.
---
**Viewer Page 164** (rcdbook1859_29_0163.jpg)
> Handwritten Page Number on Record Book: 156
**John [Whitehill ?] et al vs 446 John Kopp**
On motion of the plaintiffs, by their attorney, it is ordered that the garnishee, the City of St Louis, be discharged at his costs and that execution issue therefor.
**William A Hayward vs Abraham Abrahams**
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by affidavit confessing himself indebted to the plaintiff in the sum of eight hundred and three dollars and forty two cents and authorizing the entering up of judgment 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 debt aforesaid confessed and also his costs herein expended and have execution therefore: and it is ordered that this judgment bear interest at ten percent per annum.
**Priscilla Baltimore vs 6 Jackson Bodkins**
Continued by consent at defendants costs.
**William H Barksdale et al vs 350 Nathaniel Childs Jr**
The defendant, by his attorney, withdraws his motion for oyer of check mentioned in the petition.
**James Gorman vs 681 Samuel Gaty et al**
The defendants motion for security costs herein is, after due consideration by the Court, sustained; ten days is given plaintiff to file security.
O H Pratt, is, on motion of Asa S Jones, admitted and enrolled as a member of this bar.
**John M [Kewan ?] vs 316 Edwin A [Skeele ?]**
On note.
Now comes the plaintiff by his attorney, and submits to the Court the defendants motion for security for costs and also the demurrer to the petition herein and the Court having duly heard and considered the said motions doth overrule the same and each of them; and the defendant failing further to plead herein it is, on motion of the plaintiff, ordered by the Court 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 one hundred and ninety one dollars and 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 also his costs herein expended and have execution therefor.
**Thomas S Page vs 135 Albert Becker**
The defendants motion to strike out parts of the petition herein being heard and fully considered by the Court, is overruled.
**Joel D Smith et al vs 630 John J Mitchell et al**
Now come the parties, by their respective attorney, and the attorney for the plaintiffs suggests to the Court the death of the plaintiff, Franklin Field, since the commencement of this suit, and the same is not denied; and by consent of parties the plaintiffs amend their petition by striking out the name of the plaintiff, Edward H Manger; and by like consent, it is ordered that this suit be discontinued as to the said Manger, and that this suit proceed in the name of the surviving plaintiffs.
**David McKee vs 482 Chas Boswell**
Depositions for plaintiffs opened and filed.
---
**Viewer Page 165** (rcdbook1859_29_0164.jpg)
> Handwritten Page Number on Record Book: 157
**State use of Hempstead vs 738 Felix Coste et al**
Demurrer to amended petition filed.
**Wm B Lent et al vs 588 Wm Baugh**
Answer filed by defendant.
**Loeb and Wile vs W P Shryock et al**
Depositions for plaintiffs opened and filed.
**Providence Tool Co vs Miles G Moies**
Motion to pay over money filed.
**Henry Townsley vs 760 Benjamin S Compton**
On motion of the plaintiff, by his attorney, it is ordered that a dedimus issue to the State of New York to take depositions to be used on the trial of this cause on the behalf of the said plaintiff.
**Simon Abeles vs 86 Wilson Henley and Joseph L Papin**
Now at this day come again the parties, by their respective attorneys, and also the Jurors empannelled and sworn herein, and the trial progressed but not being finished laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
**The St Louis and Iron Mountain Rail Road Company vs 204 Frederick Schulenberg**
Dismissal.
On motion of the plaintiff, by its attorney, it is ordered that the judgment herein rendered be set aside and vacated and that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**Henry Wells President of American Express Company vs 150 M A [ORourke ?]**
The defendant files a motion in arrest of judgment and also a motion for a new trial herein.
**Kenneth MacKenzie vs 837 Thomas M Taylor Oscar W Collett garnishees of Jno J Palmer**
Garnishment.
Now comes the plaintiff, by his attorney, and moves the Court for judgment upon the answer of said garnishees, and the Court finding from said answer that at the time of this garnishment the garnishees were indebted to the defendant in the sum of ninety eight dollars. It is therefore considered by the Court that the plaintiff recover of the said garnishees the debt aforesaid as found and have execution therefor. The sum of ten dollars is allowed said garnishees for answering herein.
**The State use of Eleanor Davis vs Henry N Hart et al**
The defendants withdraw their answer and by leave of Court file an amended answer herein.
---
**Viewer Page 166** (rcdbook1859_29_0165.jpg)
> Handwritten Page Number on Record Book: 158
**Phebe J Allen vs 185 William Allen**
Divorce.
Now comes the plaintiff, by her attorney, and the defendant, although duly called, still making default the Court proceeds to her the proof and having duly heard and considered the same and being satisfied there from that the plaintiff is a person of good moral character and an innocent and injured party and that the defendant from his habit and cause of life an unsuitable person to have the control of the infant child, William Allen, who is of tender years; it doth order 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 have the care custody and control of the infant child William Allen mentioned in the petition; and it is also ordered that she be allowed to resume her maiden name of Phebe J Russell, and that the same be hereafter deemed and taken as her only true and lawful name, and also that she pay the costs of this proceeding.
**Hudson E Bridge et al vs 648 William Taussig et al**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor.
**Collier White Lead and Oil Co. vs 1023. Charles Blow & Co garn.**
Continued.
**John Shillitts et al vs 1037 Richd J Lockwood et al garn.**
Continued.
**Isaac Gearhart et al vs 20 State Savings Inst**
Continued by consent at plaintiffs costs.
**City of [Cormbelet ?] vs 51 Wm M McPherson**
Continued by consent.
**Sophia Rufderheide vs 968 Casper Rufderheide**
Dismissal.
The cause being called for trial and no one appearing to prosecute it is ordered that this cause be dismissed.
**Henry Pike vs 58 Myron F Benjamin, Oscar W Collett and Elliot Duryee**
On notes.
Now comes the plaintiff, by his attorney, but the defendants although duly warned and solemnly called, come not but make default, wherefore the petition herein is 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 there hundred and seventy one dollars and eighteen 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 therefore against the property attached.
**Edward D Hill vs 64 James Castello**
Continued by consent at plaintiffs costs.
**Natala Kahn vs 357 Louis Davis**
Continued by consent.
**Nathan D Allen vs 528 Andrew a Le Beau, Ezra O English and Samuel Myerson**
On note.
Now comes the plaintiff, by his attorney, and dismiss this suit costs the defendants, Le Beau and English, and also comes the defendant, Myerson, by his attorney; and the parties waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court upon due consideration thereof, doth find that the defendant is indebted to the plaintiff in the sum of twelve hundred eleven dollars and and ten cents. It is therefore considered by the Court that the said plaintiff recover of the said defendant the debt aforesaid in form aforesaid as found and have execution therefor: and it is ordered by the Court that this judgment bear interest at the note of ten percent per annum from this date until paid.
---
**Viewer Page 167** (rcdbook1859_29_0166.jpg)
> Handwritten Page Number on Record Book: 159
**Franklin Field vs 299 Chas W Barr**
Motion to dissolve injunction filed.
**James Andrews vs Bunard M Lynch**
Depositions for plaintiff opened and filed.
**Henry Townsley vs 760 Benj S Compton**
Depositions for plaintiff opened and filed.
**Simon Abeles vs Wilson Henley and Joseph L Papin**
Now come again the parties by their respective attorneys, and also come the Jurors empannelled and sworn herein and the trial progressed and being finished the Jurors retire to consider of their verdict.
**George Goss, John N Ginnis and R Easton Goodell vs 370 H B Merritt, Jacob Merritt and William Risley**
**George Goss, John N Ginnis R Easton Goodell vs 525 H B Merritt, Jacob Merritt and William Risley**
Order of Consolidation. By consent of parties it is ordered by the Court that the following entry be made "nunc protune", as of the February Term. A D eighteen hundred and fifty eight, to wit; It is ordered that the above entitled causes be consolidated into one action.
**Lewis Downing, Lewis Downing Jr and Alonzo Downing vs 41 John M Hockaday and William Liggitt**
Order of Publication.
The plaintiffs file an additional affidavit from which it appears to the Court that the defendants are non residents of this State, therefore, on motion of the plaintiffs, by their attorney, it is ordered that the defendants be notified that a civil action has been commenced against them for the sum of thirty three hundred dollars on account of goods wares and merchandize sold and delivered by the plaintiffs to the defendants, and that their property has been attached; and unless they 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 first 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 them and their property sold to satisfy the same. And it is further ordered that a copy hereof be published, according to law in the Missouri Democrat a newspaper printed and published in the City of St Louis.
---
**Viewer Page 168** (rcdbook1859_29_0167.jpg)
> Handwritten Page Number on Record Book: 160
Court met pursuant to adjournment. Present as before.
George P Doan Is on motion of John M Krum, admitted and enrolled as a member of this bar.
**Charles Wall et al vs 473. James O Carson et al**
By leave of Court plaintiffs file an amended petition herein; and on motion ten day are given to answer the same.
**Peter Lindell vs 715 Pelagic Lee**
Now come the parties, by their attorneys, and the plaintiff present to the Court his petition herein, the defendant saying nothing.
**Harvey H Humphrey admr vs 13 James Castello**
By consent of parties, it is ordered that the dismissal of this cause be set aside and vacated, provided however that the plaintiff pay all the costs accrued herein to the present date and also file additional replevin bond within twenty days from this date: cause continued.
**Allen H Glasby administrator vs 808 William C Taylor**
Dismissal.
By consent of parties, it is ordered that this cause be dismissed at the defendants costs and that execution issue therefor.
**Simon Abeles vs 80 Wilson Henley and Joseph L Papin**
On Bond.
Now come again the parties, by their respective attorneys, and also come the Jurors empanelled and sworn herein; and, being agreed upon a verdict, upon their oaths, find the following verdict, to wit; Me the Jury find verdict for plaintiff and assess his damages in the sum of nine hundred and eighty seven dollars. F T Harrington Foreman. It is therefore considered by the Court that the plaintiff recover of the defendants the sum of the two thousand dollars the penalty of the bond sued on, and also his costs in this behalf expended and that be have execution for the sum of nine hundred and eighty seven dollars, the damages aforesaid in form aforesaid by the Jury assessed.
**Percival Platt vs 10 William Bevard**
The demurrer to the third amended petition having been mislaid in heir thereof, by consent of parties, the defendant files a demurrer to said third amended petition nunc protune.
**William J Syms and Samuel R Syms vs Horace E Dimick and Henry Folson**
Now come the plaintiffs, by their attorney, and file a petition and also the appearance of the defendants to this action.
**Warren Currier vs 276 Sam B Louis**
The dependants to the petition herein, being heard and fully considered by the Court, is sustained: ten days is given plaintiff to amend: amended petition filed.
**Lewis Emmons vs 26 A B Fenton et al**
amended petition filed by leave of Court.
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**Viewer Page 169** (rcdbook1859_29_0168.jpg)
> Handwritten Page Number on Record Book: 161
**George Goss, John H Ginnis and R Easton Goodell vs 370 H B Merrit, Jacob Merritt and William Risley**
On notes.
Now come the parties, by their respective attorneys and also a Jury to wit; Thomas Lings, Charles Redfield, Geo S Pride, John A Wilson, Meyer Freide, D T Card, Perry Turner, J H Singleton, R T Puller, Theodore Schroeder, A G Gray and L M Coy, 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.
**Samuel Cupples et al vs 196 Perry Brown**
On motion a dedimus is awarded plaintiffs to take depositions in the State of Virginia.
**Henry Townsley vs 760 Benj S Compton**
Motion to suppress depositions filed
**Chas [Bratenahl ?]&c vs A R Grimes**
Depositions for defendant opened and filed.
**Joel W Norcross vs Henry Hudson**
Depositions for defendant opened and filed.
**Peter Lindell vs 715 Pelagic
Lee**
Motion to strike out answer filed.
**State use of Jno Young vs Theodore Hesselmeyer et al**
Depositions for plaintiff opened and filed.
Depositions for defendants opened and filed.
**In the matter of the assignment of Charles Marlow**
Petition of Gerarde B Allen Filed.
Court met pursuant to adjournment. Present as before.
**George Walton vs 171 Wm C Murphy**
The defendant by leave of Court amends his answer and the plaintiff withdraws his motion to amend said answer.
**Peter Eversman and Henry Wernke vs 756 Charles Marlow**
On Bill of Exchange.
Now come the parties by their attorneys, and the defendant withdraws his motion to consolidate, leaving this suit undefended, and failing further to plead the petition herein it 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 Eight hundred and thirty eight dollars and ten cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid and the costs of suit and have execution therefor.
**Stephen Price et al vs 42 David T Wheeler**
Motion in arrest of judgment filed.
---
**Viewer Page 170** (rcdbook1859_29_0169.jpg)
> Handwritten Page Number on Record Book: 162
**Elisha W Brown Archibald C Goddin, James T Johnson and Barton S Wilson vs 58 William T M Miller, Henry Sherman and John T Washington**
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 sixteen hundred and thirty one 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 also their costs herein expended and leave execution therefor.
**Irwin Z Smith and William D Sedgwick vs 5 Francis McFaul and William Kelly**
Replevin.
Now come the parties, by their respective attorneys and agree that judgment may be rendered herein in favor of the plaintiffs for profession of property and one cent damages and that the costs of this suit be adjudged against the plaintiffs. It is therefore considered by the Court that the plaintiffs have and retain the property delivered to them by the Sheriff and that they recover of the defendant the damages aforesaid and have execution therefor, and further that the said plaintiffs pay the costs of this suit and that execution issue therefore.
**Peter Eversman et al vs 597 Charles Marlow**
Default.
Now come the parties by their attorneys, and the defendant withdraw his motion to consolidate and failing to plead further herein, it is ordered that the petition herein be taken against him as confessed.
**Joseph O Sawyer et al vs 317 Joseph Holland**
Satisfaction.
The plaintiffs acknowledge to have received full and entire satisfaction of the judgment rendered herein on the 11th day of October 1858.
**Henry T M Coun, George A Boyden, Lucas E Schoonmaker, and Hiram Schoonmaker Jr vs John D Harty, Joseph Bocards, and Andrew V S Melick.**
Order of Publication.
The plaintiffs having field a petition and an affidavit stating that the defendants are in residents of this State, therefore on motion of the plaintiffs, by their attorney, it is ordered that the defendants be notified that a civil action has been commenced against them for the sum of twenty seven hundred dollars and twenty eight cents, on account of goods sold and delivered by the plaintiffs to the defendants and for money expended by the plaintiffs for the defendants; and that their property has been attached and unless they 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 first 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 them and their property sold to satisfy the same. And it is further ordered that a copy hereof be published according to law in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
**Adeline Goss et al vs James Cohicks et al**
The Commissioners file a report and an account for services.
**Geo d Winchell vs Chas F Baker et al**
By leave of Court the Sheriff amends his return on Execution No 2 of September Term 1859.
**Jno Rupell et al vs 5 Chas F Baker**
By leave of Court the Sheriff amends his return on Execution No 83 of September Term 1859.
---
**Viewer Page 171** (rcdbook1859_29_0170.jpg)
> Handwritten Page Number on Record Book: 163
**Thomas Allen vs Francis Hudson et al**
On motion of the plaintiff, by his attorney, it is ordered that this suit be dismissed as to James Hayden and that an alias Summon issue for Hudson.
**The Independence Mining Co vs 48 Albert C Koch**
The motion to strike out part of the answer herein being heard and fully considered by the Court is sustained.
**Henry Ames et al vs 104 Jacob Ensminger et al**
Abstract of issues filed
**Jane Doyle vs John Doyle**
Answer to interrogatories filed.
**Simon Abeles vs 80 Wilson Henley et al**
Now come the defendants, by their attorney, and file a motion for a new trial and afterwards also file a motion in arrest of judgment.
**Henry Buesmeyer vs 247 John Nicholas et al**
Motion for leave to sue as a poor person filed.
**Citizens Savings Inst vs Chas Meyers et al**
Depositions for defendants opened and filed.
**Walter F Gage et al vs 81 Perry et al**
Dismissal. On motion of the plaintiffs, it is ordered, that this cause be dismissed at their costs and that execution issue therefore.
**Henry Von Phul et al vs 128 Thomas R Grady et al**
Dismissal. This cause being called for trial and no one appearing to prosecute, it is ordered that the same be dismissed at plaintiffs costs and that execution issue therefor.
**Eva Catharine Coring vs 524 Peter H Coring**
Decree of Divorce. Now come the plaintiffs, by her attorney and the defendant, although duly called still making default, 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 innocent and injured party, It doth order adjudge and decree that the said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant and be restored to all the nights and privileges of an unmarried person also that the said defendant pay the costs of this suit and that execution issue therefor.
**In the matter of the assignment of Henry Bright Jr**
Appraisement filed.
**George Goss et al vs H B Merritt et al**
Now come again the parties, by their attorney, and also the Jurors herein and the trial progressed but not being finished is laid over until tomorrow.
---
**Viewer Page 172** (rcdbook1859_29_0171.jpg)
> Handwritten Page Number on Record Book: 164
Court met pursuant to adjournment, Present as before.
**Hepsia B [Mudge ?] vs 546 Charles Marlow**
On notes and Bill of Exchange. Now come the parties, by their attorneys, and the defendants withdraws his motion to dismiss and saving nothing further in bar of the plaintiffs demand the Court doth find from the instrument in writing on which this action is found that the defendants in indebted to the plaintiff in the sum of thirty five hundred and sworn dollars and ninety 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 also his costs herein expended and have execution therefor.
**Charles F Meyer et al vs Citizens Savings Inst 288 State use of Mitchell vs Fredt W Meister et al 303 Citizens Savings Inst vs Charles Meyers et al 318**
By consent of parties these causes are continued to the next term of this Court.
A L Holmes is admitted and enrolled as a member of this bar.
**Augustus W Louis vs 781 John F Hague**
The Court having duly heard and considered the motion to set aside the default herein and for leave to answer doth order that said motion be sustained answer filed.
**Sarah Wetherill et al vs 122 Francis H Hunt**
Order by the Court that the defendant file an amended answer herein within ten days; and it also ordered that, if the said defendants fail as to do, Judgment by default be entered against him on motion.
**Leonard Rothgerber et al vs 549 Solomon K Lawrence et al**
The motion for security for costs being fully considered, it is ordered by the Court that the plaintiffs file a bond for the costs which have assured and which may accrue within ten days from this date.
**Henry [Townsley ?] vs 760 Benjamin S Compton**
The motion for addition security on the attachment bond being heard and fully considered, by the Court, it is ordered that the plaintiffs file an additional attachment bond herein within twenty days from this date.
**Edward Maddock vs 343. Elson F Wright**
The motion for security for costs herein being heard and fully considered, by the Court, is sustained. Twenty day are given to file security.
**George G Mathews vs 804 James Duncan**
The demurrer to the petition herein being heard and fully considered by the Court, is sustained. Ten days are given plaintiff to amend.
**The State of Eleanor Davis vs 576 Henry N Hart et al**
The motion for security for costs herein being heard and fully considered, by the Court, is sustained. Ten day are given to file security.
**Lewis Emmons vs 36 A P Fenton et al**
By consent this cause is continued with leave to the defendants to answer within ten days before the next term of this Court.
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**Viewer Page 173** (rcdbook1859_29_0172.jpg)
> Handwritten Page Number on Record Book: 165
**William C Jameson vs 915 James Castello et al**
The motion to strike out part of the petition herein being heard fully considered by the Court is overruled.
**George Goss et al vs 370 H B Merritt et al**
Now come again the parties, by their attorneys, and also the Jurors empanneled and sworn herein and the trial progressed and being finished the Jurors retire to consider of their verdict.
**Henry Buesmeyer vs 247 Jno Nicholas et al**
Affidavit filed by plaintiff.
Court met pursuant to adjournment, Present as before.
**Robt H Hodgson et al vs Walter L F Gage et al**
Deposition for plaintiffs opened and filed.
**Reuben Cleveland et al vs James George**
Deposition for plaintiffs opened and filed.
**The City of St Louis vs 438 John C Smith and Richard King**
On notes.
Now come the plaintiffs, by his attorneys, but the defendants, although duly summoned and called come not but make default, wherefore 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 five hundred and sixth seven dollars and eighty 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 therefor.
**Henry T M Conn, George a Boyden, Lucas E Schoonmaker, and Hiram Schoomaker Jr vs 44 John D Harty Joseph Bocard and Andrew V S Melick**
Order of Sale.
Michael S Cerre. Esq, 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 great loss and expense before the probable termination of this suit; it is therefore ordered that the said Sheriff sell said property according to law; and that he makes report of his property under this order on or before the first day of the next term of this Court.
**Levi J North vs 233 Anton Wiseman 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 the execution issue therefor.
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**Viewer Page 174** (rcdbook1859_29_0173.jpg)
> Handwritten Page Number on Record Book: 166
**In the matter of the assignment of William S Hawken**
The assignee having filed an application for his discharge and no person interested having filed written objections to such discharge, the Court doth refer the said application to Henry Hitchcock as Commissioner, appointed for this case, to examine the merits of said application and report to the Court with all convenient speed thereon.
**St Louis Bagging and Rope Company vs 459 James E Yeatman et al**
Continued as on affidavit of plaintiff by consent, costs to abide the result.
**Gate use of A W Elliott vs 139 Augustus F Shapleigh et al**
Depositions for plaintiff opened and filed.
**Melvin L Gray trustee vs Albert Albertson**
Depositions for plaintiff opened and filed.
**James Delaney vs 161 James P Langford et al**
Agreement filed and cause continued by consent as on affidavit at the plaintiffs costs.
**Alexander Boyd et al vs 555 Moses Meyer et al**
The separate demurrer to petitions being heard and fully considered by the Court, it is ordered that said demurrers, and each of them be overruled. On motion fifteen days are given defendants to answer herein.
**George Goss, John M Ginnis Jr and R Eaton Goodell vs 370. H B Merritt, Jacob Merritt and William Risley.**
On Bills of Exchange.
Now come again the parties, by their respective attorneys, and also come the Jurors, empannelled and sworn herein, and being agreed upon a verdict, upon their oaths, find for the plaintiffs and assess their damages at the sum of Eighty nine hundred and sixty nine dollars and twenty one cents, and also find against the defendants on their counter claim. It is therefore considered by the Court that the defendants take nothing by their counter claim herein and that the plaintiffs recover of the said defendants the damages aforesaid in form aforesaid as assessed and also their costs and charges herein expended and have execution therefor. The defendants file a motion to set aside the verdict and grant a new trial herein.
**Julius H Smith vs 143 James D Houseman**
Order Receiver.
Now come the parties, by their respective Attorneys, and by their consent, it is ordered that Augustus N Berthoud, the receiver appointed in this cause, pay, out of the assetts now in his hands and which he may here after collect, a certain judgment rendered in the St Louis Court of Common Pleas in favor of the Laclede Hotel Company against said Smith and Houseman rendered on the twenty fourth day of June, eighteen hundred and fifty nine for the sum of four hundred and fifty sevenn dollars and fifty cents and costs, on which judgment an execution issued.
**George W Thatcher vs 257 Nelson C Rowe et al**
On motion it is ordered that an alias issue herein, cause continued.
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**Viewer Page 175** (rcdbook1859_29_0174.jpg)
> Handwritten Page Number on Record Book: 167
**Abner Cutter Henry M True and James A C Miller vs 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 defendant deliver the property specified in said 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 defendant and deliver it to the plaintiffs.
**Martin Kaltenback vs 806 Gottob Held et al**
Motion to strike out answer and for judgment filed.
**Spencer A Turner vs 287 Timothy Ryan**
Now comes the attorney for the plaintiff and suggests to the Court the death of the said plaintiff which is not denied, and it is ordered that this cause be continued.
**Abraham M Gardner et al vs 141 Benjamin B Barkelow et al**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefore.
**Thomas J Wood and Isaac Lynch vs 502 Martin Burk and James B Walsh**
Petition.
Now come the attorney for the plaintiffs and suggests to the Court the death of the plaintiff, Thomas J Wood, since the commencement of this suit, which is not denied, wherefore it is ordered that this suit proceed in the name of the other and surviving plaintiff; thereupon come the defendants by their attorney, and also a Jury, to wit; August Meier, Leroy Kingsland, E J Glasgow, J C Hogan, Thomas Shield, George W Thomas, James Grace, H Wasson, Louis Bottischer, William Vogel, J B Dean and Jacob Kearth, twelve good and lawful men who being duly elected tried and sworn the issue herein joined well and truly to trial progressed but not being finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
**Griffin P Theobald vs 19 Frederick Eschmann, Eschmann and Frederick Schnake**
Order for Delivery of Property attached. Now comes the plaintiff, by his attorney, and files motion for an order on the obligors in the bond given for the release of the property attached to deliver said property and the Court, upon due consideration thereof, doth order that Frederick Eschmann and Deitrich Woestondick, the obligors in said bond deliver said property to wit; fifty sacks of com. Seventeen bb Co liquor, twenty five boxes cordial four port boxed of liquor, fourteen kegs of liquor and fifty five sacks of oats, to the Sheriff of St Louis, County, at his office, in said County, over before Monday next the twenty eighth instant.
**Henry [Cormerais ?] vs 126 Michael S Cerre**
The defendants files an answer herein
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**Viewer Page 176** (rcdbook1859_29_0175.jpg)
> Handwritten Page Number on Record Book: 168
**Ezekiel M Campbell, John Crain, and Wallace W Blackman vs 413. Cary Gratz, Andrew J Alexander and Henry H Gratz.**
Order of Publication.
The Sheriff having made return that the defendant, Henry H Gratz, 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 that the said defendant be notified that a civil action had been commenced against him for the sum of nineteen hundred and seventy eight dollars and five cents on account of a bill a Exchange drawn by said Henry H Gratz upon Cary Gratz and Company in favor of the plaintiffs, and that 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 first Monday of February next, and on or before the third day thereof answer of the action aforesaid according to law, the petition herein will be taken against him as confessed. 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. On motion of the plaintiffs, by their attorney, it is ordered that an alias Summons issue to LaFayette County for the defendant, Andrew J Alexander cause continued.
**Ezekeil M Campbell et al vs 412 Cary Gratz et al**
On motion of the plaintiffs, by their attorney, it is ordered that an alias summons issue to LaFayette County for Andrew J Alexander: continued.
**George C Sorrell and Hampson S Christian. vs Andrew Tainter**
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 is considered 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 plaintiffs.
**In the matter of Henry S Gee and Peter R Black**
Appointment of Receiver.
It appearing to the Court that the Sheriff of St Louis County, under and by virtue of Execution No 196 and 197, returnable to February Term 1860 of this Court, has lived upon certain account book, journal. Ledger, bills receivable and payable and one Cash Book and one note of T L Conan for #63,73/100, the property of said Gee and Black therefore, on motion of the plaintiffs in said execution, by Francis Minor, their attorney, it is ordered by the Court that Jacob H [Vraland ?] be and he is hereby appointed Receiver of said account books, journal, ledger, bill recuirable and payable, and said note and cash [book ?] and that he proceed with diligence to settle and collect same; and it is also ordered that the receiver before entering upon the discharge of his duties file a bonds in the sum of eight hundred dollars, conditioned according to law: thereupon the said Receiver files a bond, as ordered by the Court, with himself as principal, and Jacob S Merrill, as security, which is approved by the Court.
**In the matter of the assignment of Charles Marlow**
Order of Assignees.
Gerard B Allen having filed his petition herein praying that the assignees of said Marlow be ordered to pay him the sum of Sixteen hundred and eighty nine dollars and twenty six cents, out of the proceeds of the also of the property assigned before applying any of said proceeds to the purpose of the assignment, and the court having considered said petition and being satisfied from the proofs made by the petitioner, that the allegations in said petition are true, it is therefore ordered and adjudged that said assignees pay to said petition, out of the proceeds of the sales of said assigned, property, the sum aforesaid, with interest from the 21st day of November, 1859, and that such payment be made before applying any of said proceeds to the payment of the claims of creditors claiming under the assignment, and the said assignees file as a voucher the note described in said petition.
**Warren Currier vs 276 Saml B Lowe**
Answer filed.
**Henry Lut vs 114 Geo Buttner**
Reply filed.
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**Viewer Page 177** (rcdbook1859_29_0176.jpg)
> Handwritten Page Number on Record Book: 169
**Charles Wolff vs 367 Benjamin G Thomas and George A W August**
Replevin.
Now come the parties, by their attorneys, and consent and agree that judgment may be rendered herein for the plaintiff for one cent damages and possession of the personal property and that the cost herein except the Sheriffs costs for removing said property out of the possession of the defendants, be adjudged against the defendants. It is therefore considered by the Court that the plaintiff retain the possession of the personal property mentioned in the affidavit to the petition and that he recover of the defendants the damages aforesaid as agreed upon together with the costs of this suit, except the Sheriffs costs for removing the said property out of the possession of the defendants, and have execution therefore.
**James K Fisher vs 595 R J Tunstall et al**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the defendants costs and that execution issue therefor.
**In the matter of the assignment of Azariah Connelly and William H Haggerty**
Inventory filed: On motion of the assignees herein, the Court appoints Garrett O Rourke, Richard Wiseman, and H F Lammers, appraisers to appraise the effects inventoried.
William Bliss Clarke is admitted and enrolled as a member of this Bar.
**Presley Phillips vs B F Hutchinson**
Depositions for plaintiff opened and filed.
Depositions for defendants opened and filed.
**T M Taylor et al vs 1021 Jno Arnold and Jno Ray gran. of Rockwell et al**
Dismissal.
On motion of the plaintiffs, it is ordered that the said garnishees be discharged at their costs and that execution issue therefor.
**James C Sutton vs James McCamant and William McCamant**
Confession of Judgment.
Now come the defendants and file a statement in writing confessing themselves indebted to the plaintiff in the sum of Eight hundred dollars and authorizing the entering up of judgment 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 debt aforesaid in confessed and also his costs herein expended ad have execution therefore.
**Jeol D Smith, Walter W Barton, and Chawncy H Barton vs 630 John J Mitchell and Samuel A Buckmaster**
On Contract.
No come the parties by their respective attorneys, and also come a Jury, to wit; E Currie, William H Glasgow, William Lawson, William Moetz, D Provanciere, T Townville, Henry Campon, Phil Woldorf, Daniel Wind, Michael Schislert, J C Marshall, and E Vaughn, 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 them oaths aforesaid say they find their verdict in favor of the defendants. It is therefore considered by the Court that the plaintiffs take nothing by their suit in this behalf but that the defendants go hereof without day and recover of the plaintiffs their costs and charges herein expended and have execution therefor.
**State use of Elliott vs 139 Augustus F Shapliegh et al**
Continued as on affidavit at plaintiffs costs for absence of David A Reed a witness.
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**Viewer Page 178** (rcdbook1859_29_0177.jpg)
> Handwritten Page Number on Record Book: 170
**Thomas J Wood and Isaac Lynch vs 502 Martin Burke and James B Walsh**
Petition.
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein and the trial being finished the Jurors aforesaid upon their oaths aforesaid say they 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 defendants go hereof without day and recover of the plaintiff their costs and charge herein expended and have execution therefor.
**Margaret Collins vs 219 Thos G Collins**
Dismissal.
On motion of the plaintiff, by her attorneys, it is ordered that this cause be dismissed.
**Chas Blevin et al vs 842 A Hinzpeter garn.**
Reply to denial of answer filed by said garnishee herein.
**Independence Mining Company vs 48 Albert Koch**
On motion of the defendant, by his attorney, leave is given to file a supplemental answer forth with, Supplemental answer filed.
**Jane Doyle vs Jno Doyle**
Additional answer to interrogatories filed. Bond filed.
**Peter J Hurck et al vs Wm Provost et al**
Motion on the part of the Commissioners filed.
Court met pursuant to adjournment. Present as before.
**William W Holloway vs George S Thompson**
Order of Publication.
The plaintiff having filed a petition and also an affidavit according to law from which it appears that the defendant is a men resident of this State, therefore, 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 four hundred and seventy seven dollars and fifty cents on account of balance due on a note made by defendants to one S Brady of which plaintiff is the holder as endorses, and that his property has been attached; and unless he appear at the next term of this Court to be begun and held the City of St Louis, within and for the County of St Louis on the first 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. Ands 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.
**Jno R Gillett vs 69 Ezra O English et al**
Continued at plaintiffs costs and leave given him to amend petition within thirty days.
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**Viewer Page 179** (rcdbook1859_29_0178.jpg)
> Handwritten Page Number on Record Book: 171
**Presley Philips vs 146 Benj F Hutchinson et al**
Continued.
**Anna C Weber vs 92 Christian Weber**
Continued.
**Mary E Norman vs 87 Thos J Norman**
Continued.
**Rebecca Myers by her next friend Charles R Hoelzle vs 473 Charles Myers**
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant although duly warned and called comes, not but make default, wherefore, on motion of the plaintiff, it is ordered that the petition herein be taken against the defendant as confessed: and the plaintiff submits this cause to the Court upon the pleading and proofs and the Court having duly heard and considered the same and being satisfied therefrom that the plaintiff is an innocent and injured party, 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 nights and privileges of an unmarried person and that she pay the costs of this suit.
**Patrick M Aneny et al vs 511 Peter Harman et al**
The demurer to the petition herein being heard and fully considered by the Court is overruled. On motion ten days are given defendants to answer herein.
**In the matter of the assignment of Edwin A Skeele**
Inventory filed: On motion of the assignee the Court appoints S C Jett, A C Peckham, Edward Storrs and W H Maurice appraisers to appraise property and effects inventoried.
**Henry Buesmeyer vs 284 Joseph Kaufer**
The motion to set aside the dismissal of this cause is, after due consideration by the Court overruled.
**John H Knapp et al vs 57 The Chippewa Falls Lumbering Company.**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that the cause by dismissed at their costs and that execution issue therefor.
**The Marine Insurance Company vs 31 The St Louis Alton and Chicago Rail Road Company**
Dismissal.
On motion of the plaintiff, by his attorney it is ordered that this cause be dismissed at its costs and that execution issue therefor.
**Joseph Gorla vs 878 Francis A Perrier**
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by a affidavit, confessing himself indebted to the plaintiff in the sum of four hundred and twenty two dollars and forty five cents, and authorizing the entering up of judgment 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 debt aforesaid as confessed and also his costs herein expended and have execution therefor.
**Eliza Logan vs Peter Wigman**
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 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.
**Henry Townsley vs 760 Benj S Compton**
Plea in abatement filed.
**Jno C Spencer vs 137 Elizabeth Spencer**
Continued.
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**Viewer Page 180** (rcdbook1859_29_0179.jpg)
> Handwritten Page Number on Record Book: 172
**Henry M Hart vs 98 Christian Vogler**
Dismissal.
On motion of the plaintiff, it is ordered that this cause dismissed at his costs and that execution issue therefor.
**Thomas J Wood et al vs 502 Michael Burke et al**
Motion for a new trial filed.
**Richard A Field et al vs 652 Henry F Cross et al**
On file 449 Sept T 159. Dismissal. On motion of the garnishee, T T Rubey, by his attorneys it is ordered that he be discharged at plaintiff costs and that execution issue therefor.
**Henry C Wright vs 1029 Charles K Dickson garnt of Daniel D Page et al**
Dismissal.
On motion of the said garnishee, by his attorneys it is ordered that he be discharged at plaintiff costs and that execution issue therefor. The sum of ten dollars is allowed for answer to be taxed as costs.
**John S Thomas vs Augustus W Eberhard**
Order of Delivery.
The plaintiff comes and files a petition and affidavit, according to law, claiming the possession of certain personal property therein described; wherefore it is ordered that the 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.
**The Exchange Bank of St Louis vs 716 William H Chappell et al**
On motion of the plaintiff, by its attorney a dedimus is awarded it to New York, and leave is given it to withdraw the bill of Exchange sued on, which is accordingly done.
**John Renfrew Alexander Crozier, and Samuel Baxter vs Philip Walther**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and the defendant also comes and files a statement duly verified by affidavit confessing himself indebted to the plaintiff in the sum of one hundred and seventy four dollars and eleven cents, and authorizing the entering up of judgment against him in favor of the plaintiff for that amount, at the costs however of the plaintiffs. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as confessed and have execution therefore, and that the plaintiffs pay the costs herein expended.
**Joel W Norcross and William H Sargent vs 178 Henry Hudson**
On Plea in abatement.
Now come the parties by their respective attorneys, and also come a Jury to wit; J E Currie William H Glasgow, William Lawson, D Provinciere, T Townsville, Henry Campen, Phil Woldorf, Danl Wind, Michall Schisler, J C Marshall, Louis Patterson, and Enoch Vaughn, 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 is laid over until tomorrow.
**Presley Phillips vs 146 Benj F Hutchinson and James A Hutchinson**
It is ordered by the Court that the order of continuance made herein on this day be set aside and vacated.
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**Viewer Page 181** (rcdbook1859_29_0180.jpg)
> Handwritten Page Number on Record Book: 173
**John Sandbach vs Thomas Wall**
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 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 defendants deliver it to the plaintiff.
**Melvin L Gray trustee vs Albert Albertson**
Deposition for plaintiff opened and filed.
**Louis G Picot vs 773 Miles G Moies and Henry M Woodward**
The plaintiff having filed a motion for an order that the money returned into Court by the Sheriff be applied to the execution herein, and the Judge of this Court being counsel for William H Tasker, a person interested therein; it is ordered that said motion and all further proceedings thereon be transferred to the St Louis Court of Common Pleas.
Court met pursuant to adjournment. Present as before.
**Samuel Stilwell vs 247 Joseph Hyman and William T Hollister**
On Note.
Now comes the plaintiff, by his attorney, and dismissed this suit as to the dependant William T Hollister, and mores the Court for judgment on the answer herein, which motion after due consideration by the Court, is sustained; and the Court finds from the instrument in writing on which this action is founded that the defendant is in debted to the plaintiff in the sum of eleven hundred and forty one dollars and seventy five cents. It is therefore considered by the Court that the plaintiff recover of the defendant, Joseph Hyman, the debt aforesaid inform aforesaid as found and also his costs herein expended and have execution therefor.
**Samuel Stilwell vs 247 Joseph Hyman and William T Hollister**
On Note.
Now comes the plaintiff, by his attorney, and dismissed this suit as to the dependant William T Hollister, and moves the Court for judgment on the answer herein, which motion after due consideration by the Court, is sustained; and the 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 ten hundred and ninety three dollars. It is therefore considered by the Court that the plaintiff recover of the defendant, Joseph Hyman, the debt aforesaid as found and also his costs herein expended and have execution therefor.
**William J Pentland vs Thomas J Brown and David G Wilson**
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 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 defendants and deliver it to the plaintiff.
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**Viewer Page 182** (rcdbook1859_29_0181.jpg)
> Handwritten Page Number on Record Book: 174
**State of Missouri to the use of Henry Ames and Edgar Ames vs 104 Jacob Ensminger, John Clemens, and Alexander Kelsey.**
On Bond.
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 plaintiffs and doth assess their damages at the sum of one hundred and fifty dollars It is therefore considered by the Court that the plaintiffs recover of the defendants the sum of three hundred dollars, the penalty of the bond suedon, and also their costs and charges herein expended and the they have execution for the sum of one hundred and fifty dollars the damages aforesaid in form aforesaid assessed.
**Henry Buesmeyer vs 247 Jno Nicholay et al**
The motion for leave to sue as a poor peson, being heard and fully considered by the Court, is overruled; thereupon the plaintiff files a bond for costs with Henry Buesemeyer as security, which bond is approved by the Court.
**Hiram Johnson et al vs 783. William K Wilson**
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default wherefore the petition herein is taken against him as confessed.
**Robert P Clarke vs 13 R g Parks**
Dismissal of Garnishees.
On motion of the garnishees, J E Elder and Jno H Hunter, by their attorney, it is ordered that they be discharged at plaintiffs costs and that execution issue therefor. Five dollars is allowed them for appearing herein.
**The Pilot Knob Iron Company vs 550 Charles L Gilpin**
Default.
Now comes the plaintiff, by its attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed.
**State use of B Midas vs 250 Simon Meyberg et al**
The motion for security for costs herein, being heard and fully considered by the Court is sustained. Ten days are given to file security for costs.
**In the matter of the assignment of [Azauah ?] Connelly & William H Haggerty**
Appraisement filed. Bond filed and approved.
**Griffin P Theobald vs Fred K Eschman et al**
Proof of Service of order for delivery of property attached filed.
**James Buchanan et al vs 187 Jno Meyer**
Continued as on affidavit at plaintiffs costs for absence of Jno Slaymaker a witness.
**Samuel Capp Jr vs 439 St Louis County**
Continued as on affidavit at defendant costs for absence of A H Hackney, a witness.
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**Viewer Page 183** (rcdbook1859_29_0182.jpg)
> Handwritten Page Number on Record Book: 175
**Robert Jackson vs 842 Walter C Jackson**
Continued as on affidavit at plaintiff costs for absence of Henry Greffen Kamp and a Sanford witnesses.
**Joel W Norcross and William H Haydon vs 178 Henry Hudson**
On Plea in abatement.
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein, and the trial progressed, and being finished the Jurors aforesaid, upon their oaths aforesaid find the issue joined upon the plea in abatement in favor of the defendant. It is therefore considered and adjusted by the Court that the defendant had not, at the time of the commencement of this suit, fraudulently conveyed or assigned his property or effects so as to hinder or delay his creditors; wherefore it is ordered by the Court that this cause be dismissed at the costs of the plaintiffs and that execution issue therefor.
**Stephen Hoyt and Cotton Greene. vs 47 R M Scanlan and A W Webber**
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 great loss and expense before the probable termination of this suit; it is therefore ordered that the 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 W Hill vs 71 Michael S Cerre**
On motion three days further time given defendant to plead.
**Chat Bratenahl et al vs 145 R R Grimes**
Notice to plaintiffs filed.
**State use of Young vs 570 Theodore Hesselmeyer et al**
Notice to defendants filed.
**Samuel Gaty vs 819 Isaac L Downs et al garn.**
The garnishees, Michael Moriarty and Geo Goodlett, by consent and leave file supplemented answer herein.
**Joe M Hanson and James Mansur vs 60 J Chase Dow**
Order of Publication.
The plaintiffs files petition and also an affidavit from which it appears to the Court that the defendant is a non resident of this State, therefore on motion of the plaintiffs, by their attorney, it is ordered that the defendant be notified that a civil action has been commenced against him for the sum of two hundred and sixty three dollars and ninety six cents on account of a balance due plaintiffs on an order and certain drafts made by defendant and accepted and paid by plaintiffs, and that has 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 first Monday of February next, and on or before the sixth 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 184** (rcdbook1859_29_0183.jpg)
> Handwritten Page Number on Record Book: 176
Court met pursuant to adjournment. Present as before.
Ordered by the Court that all cases set for trial on and after Tuesday last the 28th instant be set ahead one week from the days on which they are respectively set.
**In the matter of the assignment of Arariah Connelly and William H Haggerty**
Order of Sale.
Upon the application of John Decker and Robert S Voorhis, it is ordered by the Court that the said Decker and Voorhis, assignees herein, have full power and authority to sell the personal property contained in said inventory of appraisement, here to fore filed herein, under said assignment, at public or private sale for cash, as may seem to the said assignees for the best interest of the parties; and the said assignees may employ such agents as they shall deem necessary in making such sales, and at such times and places as may seem best.
**Phebe Wiley vs 150 Thomas Wiley**
Default.
Now comes the plaintiff, by her attorney, but the defendant, although duly warned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed.
**James Long, Sally Long, John Lawrence Long, Clarissa Long, William E Ferguson, Lucy Levis, and her husband, Robert Lewis, Alton Long, John W Long, Gabriel Long, Margaret Orr and her husband, John Orr, Clara V Alexander, and her husband, Maurice W Alexander, vs 472 Julia A Gordon, and her husband, Preston Gordon, William Bacon, Sr, James Bacon, Jr, Park Bacon, William Bacon, Jr, Elizabeth Bacon, Phebe M Clintock, John D B Clark, George Clark, Benjamin O Clark, John R Brown, John S Penrice, Alice A Perrice, Mary E Payne, and her husband, Elbridge Payne.**
Order of Publication.
The Sheriff having made return that the defendants, John S Penrice and Alice A Penrice, cannot be found and the Court being satisfied that process cannot be served upon them, on motion of the plaintiffs, by their attorney, it is ordered that the said John S Penrice and Alice A Penrice be notified that a civil action has be on commenced against them in this Court the object and general mature of which is to obtain a division and partition of the following real estate, to wit; situate in the Court of St Louis and State of Missouri; a certain tract of land containing four hundred and thirty three 75/100 acres, more or less, being the Western part of Survey No 415 in the name of John Long in Township 45 North Ranger 4 East and described as follows, to wit; beginning at the South West corner of said Survey vs 415 a port from which a White oak 12 inches india bears S 20 E 7 links distant, and a hickory 12 in in dia bears N 5 W 9 links distant, thence East along the Southern line of said original Survey No 415 one hundred and twenty eight 32/100 chains to a post corner, from which a white oak 8 in dia bears N 45 E 22 links distant and a hickory 4 in dia bears S 60 E21 links distant thence N 57 E along old line of said Survey No 415, 5, 52/100 chains to a white oak 28 in dia corner, thence N 33 ¾ W along Hills land 46 87/100 chains to a post old South East corner of survey to Coontz a black walnut 12 in dia bears N 41, E 18 links and an Elm 9 in dia bears S 70 W 48 links distant; thence S 77, W along the Northern line of said old Survey 69 chains to a post corner and the S W corner of Coontz, thence North along said Coontz Western line 10 chains, corner, thence S 89 ½ W along the Northern line of said old Survey No 415, 40, 19 chains to a post the N W corner of said original Survey, thence South along the Western boundary line of said old Survey No 415, 36, 34 chains to the place of beginning: and for a sale of said premises, if it shall appear that partition cannot be made without great prejudice to the owners. And that unless they 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 first Monday of February next, and on or before the sixth day thereof answer to the action aforesaid according to law the petition herein will be taken against them as confessed. And 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.
---
**Viewer Page 185** (rcdbook1859_29_0184.jpg)
> Handwritten Page Number on Record Book: 177
**Edward Chase vs Michael S Cerre**
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 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 defendant and deliver it to the plaintiff.
**Edward Chase trustee of vs Michael S Cerre**
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 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 defendant and deliver it to the plaintiff.
**Albertine Jacob vs 682 Teresa E Nolen**
The defendant, by her attorney, with draws her motion for security for costs herein.
**Wayman Crow et al vs 124 Herman S Allen et al**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor.
**Wayman Crow et al vs 123. Herman S Allen et al**
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor.
**Kenneth Mackenzie vs 837 Thomas M Taylor and Oscar W Collett garn. of Jno St Palmer**
Satisfaction.
Now comes the plaintiff, by his attorney and acknowledge to have received full and entire satisfaction of the judgment rendered in this cause.
**Thomas Reynolds et al vs 377 Charles Curtis**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the defendants costs and that execution issue therefor. By like consent defendant withdraws the instrument of writing suedon.
**Henry Homan et al vs 450 Newton S Gay et al**
Depositions for plaintiffs opened and filed.
**S G Sears et al vs Isaac Gregg**
Depositions for defendant opened and filed.
**Eliza Walker vs 262 William Walker**
Order of Publication.
The plaintiff having filed an additional affidavit from which it appears that the defendant is a men resident of this State, therefore on motion of the plaintiff, by her attorney, it is ordered that the defendant be notified that a civil action has been commenced against him to obtain a decree of divorce on the ground that the defendant had a wife living at the time of his marriage with the plaintiff, and that he has absented himself without a reasonable cause for the space of two years, and that 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 first Monday of February next, and on or before the Sixth day thereof answer to the action aforesaid according to law, the petition herein will be taken against him as confessed, 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.
---
**Viewer Page 186** (rcdbook1859_29_0185.jpg)
> Handwritten Page Number on Record Book: 178
**State use of Peters vs 750 Luther M Shreve et al**
Continued as on affidavit at defendants costs for absence of Edward J Castello.
**Henry Buesmeyer vs Jno Nicolay et al**
Motion for judgment on answer filed.
**Francis Deis vs 292 Jno W Seubert et al**
Assignment of Judgment filed.
**Peter J Hurck et al vs 787 Wm Provost et al**
Objections to application of Commissioners filed.
**St Louis & Iron Mountain Rail Road Company vs Thos Leitensdorfer**
Waiver of notice filed by defendant.
**Julius H Smith vs 143 James D Houseman**
The plaintiff files a motion to strike out defendants exceptions to referees report, and the Court, after due consideration thereof, doth overrule the said motion. Defendant files a motion for a rule on Receiver.
Court met pursuant to adjournment. Present as before.
**Henry M Buckner, Benjamin E Hall, David E Hatch and David P Buckner, vs 7 Frederick A Schmucker and James B Kimball**
On Draft.
Now come the parties, by their respective attorneys, and submit to the Court the plaintiffs motion to strike out defendants answer and for judgment, and the Court, having duly heard and considered the said motion, doth order that the same be sustained; 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 thousand and ten dollars and fifty four cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor. The defendants file a motion to set aside the judgment herein and for a new trial.
**Caroline Ahrens vs 5 August Ahrens**
Proof of Publication.
Now comes the plaintiff, by her attorney, and files proof satisfaction to the Court that the order of publication made herein has been duly published according to law.
**Albertine Jacob vs 682 Teresa E Nolan**
Dismissal.
Now come the parties, by their attorneys, and file an agreement, and by their consent, it is ordered by the Court that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
---
**Viewer Page 187** (rcdbook1859_29_0186.jpg)
> Handwritten Page Number on Record Book: 179
**State of Missouri use of Henry Ames et al vs 104 Jacob Ensminger et al**
By leave of Court the plaintiffs withdraw the exhibits herein.
**H M [Hartassgee ?] of Schuerman vs Pacific RRCo 424 Nathaniel W Floyde vs Jessa Dean et al 197 Timothy O Riordan vs Henry Brundy 196**
It is ordered by the Court that these cases be continued to the next term of this Court.
**Harvey H Humphreys admr vs 13 James Castello**
The plaintiff files an additional Replevin bond, which is approved and by leave of Court withdraws the original bond.
**Conrad Neun Jr et al vs 483 Heinrich Heissner**
The demurrer to the petition herein being heard and fully considered by the Court is sustained.
**Justus Chollar and John H Peters vs 63. John D Harty, Joseph Bocarde and Andrew V S Melick**
Order of Publication.
The plaintiffs file an additional affidavit from which it appears to the Court that the defendants John D Harty and Andrew V S Milick, are non residents of this State, therefore, on motion of the plaintiffs, by the attorney, it is ordered that the said defendants be notified that a civil action has been commenced against them for the sum of thirty four hundred and fifty five dollars and twenty seven cents on account of goods and merchandize sold and delivered by plaintiff to defendants, and that their property has been attached and unless they 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 First 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 them and their property sold to satisfy the same. And it is further ordered that a copy hereof be published, according to law, in the Missouri Democrat, a newspaper printed and published in the City of St Louis.
**Catharine H Radcliff vs 81 Frederick E Radcliff**
The motion to strike out parts of the petition herein being heard and fully considered by the Court, is sustained as to that part which refers to the following words, to wit; "plaintiff further states that said defendant has offered such indignities to her as to render her condition intolerable:" and the Court doth order that the said words be stricken out of said petition: and the Court doth overrule the rest of said motion to strike out parts of the petition.
**Richard H Smith vs 302 Thomas Seaverson**
On account.
Now comes the plaintiff, by his attorney, and the defendant, although duly called, still making default, the plaintiff waives a Jury and 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 five thousand one hundred and twelve dollars and sixty six cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor against the property attached.
**John Herron vs 858 George W Putnam and Washington F Adams**
Judgment set aside with a proviso.
The Court having duly heard and considered the motion to set aside the judgment herein is sustained and the Judgment herein set aside and vacated upon condition that the defendants appear and file their answer to the petition filed within ten days from this date; otherwise said motion is overruled.
---
**Viewer Page 188** (rcdbook1859_29_0187.jpg)
> Handwritten Page Number on Record Book: 180
**Pelagie Morin administratrix of Antoine Morin decd vs 334 Daniel Perreault**
On notes.
Now come the parties, by their attorneys, and also come a Jury, to wit, August, Meier, Leroy Kingsland, E J Glasgow, J C Hogan, Thomas Shields, James Grace, H Wasson, Louis Bottischer, William Vogel, Jacob Kearth and Michael Flynn, 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 and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiff the sum of eight hundred and fifty nine dollars and fourteen cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid as assessed and also her costs herein expended and have execution therefor.
**Edward Walsh vs 419 Symmer**
Dismissal.
This cause being called for trial and no one appearing to prosecute, it is ordered that the same be dismissed at plaintiffs costs and that execution issue therefor.
**Henry Hunter vs 399 Ann Hunter**
Dismissal.
No one appearing to prosecute this action it is ordered that this same be dismissed at the plaintiffs costs and that execution issue therefor.
Marshall Brotherton, who is personally known to the Court, in open Court, acknowledges the execution of a deed of Emancipation to his female slave Betsey aged about forty years.
**Samuel Hamilton vs 951 John Christopher and Joseph Christopher**
On note.
Now comes the plaintiff and the defendant, John Christopher, by their attorneys, and on motion of said Christopher, it appearing to the Court that the order made upon the plaintiff to answer the interrogatories filed by said defendant with his motion and statement of facts has not been complied with within the time designated in said order, it is ordered that the facts stated and contained in the said statement of facts do stand admitted: thereupon the plaintiff says he will not further prosecute his suit in this behalf but voluntarily takes a non suit with leave to more to set the same said. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf but that the defendants go thereof without day and recover of the plaintiff their costs and charges herein expended and have execution therefor.
**John J Wright vs 198 Peter Ambs and Jacob Ambs**
On note.
Now come the parties, by their respective attorneys, and the defendants withdraw their answer herein; and the parties consent and agree that judgment may be rendered herein in favor of the plaintiff for seven hundred and seventy seven dollars and fourteen 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: and it is ordered that this judgment bear interest at ten percent per annum until paid.
**Major C Cheatham vs Isaac J Price and James Scarberry**
Plaintiff files his petition and it is ordered by the Court that the Sheriff of St Louis County take possession of the corn and produce grown on the farm described in said petition in the year 1859 and sell the same or so much thereof as will make eighty dollars and interest and the costs of this suit and hold the proceeds subject to the further order of this Court.
**State of Missouri use of Thomas Richeson vs Robert W Hunt Augustus W Lewis and Sherry C Hunt**
Continued.
**Tully D Bowen vs 238 Joseph A Eddy Jabez P Eddy et al**
Continued.
---
**Viewer Page 189** (rcdbook1859_29_0188.jpg)
> Handwritten Page Number on Record Book: 181
**George G Bast vs 280 David Jamison et al**
On motion of plaintiff by his attorney, it is ordered that an alias Summons issue for the defendant, James Gormley: Cause Continued.
**St Louis and Iron Mountain Rail Road Company vs Thomas Leitensdorfer**
Petition to Condemn Land.
Now come the parties, by their respective attorneys, and the defendant having here to fore filed a waiver of the notice required by law to be given him, and it appearing to the Court that the Commissioners have duly proceeded according to the orders heretofore made herein, and in pursuance of the Statute in such case made and provided, and have ascertained and determined the compensation to which said defendant is entitled for the following real estate proposed to be taken by the plaintiff, to wit; a portion of the following lot of ground situated in the City of Carondelet, County of St Louis and State of Missouri, to wit; a lot of ground in said City of Carondelet fronting seventy feet on the East side of Main Street in Block number nine of said City and in the Survey of said former town made by Lawrence M Eiler in the year 1832 and running back Eastwardly of that South one hundred and sixty feet and five inches to the middle of said block bounded on the North by the Northern boundary of said Block number nine, on the West by Main street, on the South by a lot of Joseph Shoultz and on the East by a line parallel with said Main street and one hundred and sixty feet five inches therefrom: which portion of said lot is a strip off the Eastern side of said lot of thirty feet one width by seventy feet in length, or so much thereof as is included within the track and surveyed lines of the said plaintiff all which appears by the Report filed herein by the Commissioners and the Court, being fully advised in the premises, and no cause being shown to the contrary, doth confirm the said Commissioners Report, and doth order that the plaintiff pay to the defendant the sum of five hundred and forty dollars, the compensation awarded by the Commissioners to made by the plaintiff to the defendant.
**Joel W Norcross et al vs 178 Henry Hudson**
Motion for a new trial filed.
**David W Hill vs 71 Michael S Cerre**
Answer filed.
**Jacob L ache vs 360 Geo Mossbacher et al**
Motion for security for costs filed.
**Jas Syme et al vs 60 St Bt Indiana**
Leave is given plaintiffs to file anamended petition herein.
**James F Glenn vs 38 Charles H Saltmarsh, Movis Brady, Elia A Raymond and Daniel Raymond her husband**
On account.
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 issues herein joined in favor of the defendants. 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 and charges in this suit expended and have execution therefor. Finding and decision of the Court filed.
---
**Viewer Page 190** (rcdbook1859_29_0189.jpg)
> Handwritten Page Number on Record Book: 182
Court met pursuant to adjournment. Present as before.
**Roger C M Allister vs 50 Steam Boat Atlanta**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Robert R Lewick vs 823 George Cooper garn. of Thos Richards**
On motion of plaintiff, by his attorney, until third of December next is given him to reply.
**Henry R Hammond vs Pacific Rail Road Co**
Depositions for plaintiff opened and filed.
**Catherine H Radcliff vs 81 Fredk E Radcliff.**
Answer filed.
**William D W Barnard et al vs 662 Richard W Bender et al**
On motion of plaintiffs, by their attorney, it is ordered by the Court that an alias Summons issue herein.
**Providence Tool Co vs 570 Wiles G Moies**
The plaintiff having filed a motion for an order directing the money returned into Court by the Sheriff to be applied in part satisfaction of the execution herein, and the judge of this Court being counsel for William H Fasker, a party interested therein, it is ordered that said motion, and all further proceedings thereon, be transferred to the St Louis Court of Common Pleas.
**Jesse Arnot vs 492 George W Goodlett**
On note.
Now comes the plaintiff, by his attorney, and the defendant, although duly called, still making default, the Court doth find from the instrument in writing on which this action is founded that the defendant owes the plaintiff three hundred and thirty six dollars and forty 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.
Anthony G Thornton Who is personally known to the Court in open Court, acknowledges the execution of a deed of emancipation to his Slaves Rimy, aged about twenty one, bright mulatto color, about five feet in height and her child Zella of dark mulatto color aged, about three years & eight months.
**John H Ferguson vs Joseph Garneau**
On False Warranty.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; L B Trafton, Joseph Stout, Thomas Ryan, L Sambelson, John J Wright, H B Bryan, William Matthews, Charles Smith, Henry Downey, P Lewis, Anton Marquis and N Cochran, 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.
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**Viewer Page 191** (rcdbook1859_29_0190.jpg)
> Handwritten Page Number on Record Book: 183
Court met pursuant to adjournment. Present as before.
**Stephen Hoyt et al vs 843 Ira Todd garnishee of King and Taylor**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that the said garnishee be discharged at the plaintiffs costs and that execution issue therefor.
**Jacob Bauer and wife vs 544 George A Smith**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor.
**Augustus N Berthoud Receiver vs 770 John Nichols**
On motion of the plaintiffs, by his attorney, it is ordered that interlocutory judgment by default rendered against the defendant be set aside and vacated and that an alias Summons issue for said defendant.
**Jno H Smith vs 64 B Hysinger**
On motion of the defendant, by his attorney, a dedimus is awarded him to Illinois.
**Tallmadge Stevens vs 523 Charles Burchard**
Now come the parties, by their attorneys, and file an agreement herein; and by consent the defendant withdraws his offset, without prejudice, and also withdraws his supplemental answer; and by further consent the original answer herein is substituted as the answer of the defendant to this action; Cause continued by consent.
**Luinnebaug Bank vs 199 John L Chandler**
Order for Subpoena Duces [Tecuin ?]. On motion of the defendant, by his attorney, it is ordered that a subpoena duces teucm issue to the President and Cashier of the Bank of the State of Missouri to bring in papers deposited with them by Rexford and Dimick or the holders of the note in this action suedon.
**John Nicholay vs 728 W Priesmier et al**
Now comes the plaintiff, by his attorney, and suggests to the Court the death of the defendant Louis Bartold, and the same is not denied; and on motion of said plaintiff, it is ordered that a scire facias issue to bring in the legal representatives of said deceased defendant returnable to the next term of this Court. Cause continued.
**Reuben Loeb et al vs 630 William P Shryock 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. By leave of Court the plaintiffs withdraw the bill of exchange sued on and file a copy thereof.
**John Fisher vs 428 Henry Kattleman et al**
The death of the plaintiff having been suggested at a former term and no steps having been taken to bring in his representatives, therefore on motion of the attorney for said plaintiff, it is ordered that this suit abate.
**John Christopher et al vs 303. William P Freeman et al**
The demurrer to the counterclaim herein, being heard and fully considered by the Court, is overruled.
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**Viewer Page 192** (rcdbook1859_29_0191.jpg)
> Handwritten Page Number on Record Book: 184
**Julius H Smith vs 143. James D Houseman**
The dependants motion for a rule on Receiver being heard and fully considered by the Court, it is ordered that Augustus N Berthoud, the Receiver in this cause, file a report of his proceedings herein and an account of all moneys received and paid out by him as such receiver, without delay. And the Court, having duly heard and considered the defendants exceptions to the Commissioners Report, doth overrule the same; and, on motion of plaintiff, by attorney, the Court doth further order that said Report be confirmed.
Edward Wills, Who is personally known to the Court, in open Court acknowledge the execution of a deed of emancipation to his slaves Ann and her three children Thomas, aged about five years, [Milly ?] aged about three years and baby aged about one year.
**Edward James vs James Cohicks**
Depositions for defendant opened and filed.
**John H Ferguson vs 357 Joseph Garneau**
On False Warranty.
Now come again the parties by their respective attorneys, and also the Jurors empannelled and sworn herein, and the trial progressed but not being finished is laid over until tomorrow.
**Edward A Filley and Samuel R Filley vs William Trent**
Order of publication.
The plaintiffs having filed a petition and also an affidavit, according to law, from which it appears to the Court that the defendant is a non resident of this State, therefore on motion of the plaintiffs, by their attorney, it is ordered that the defendant be notified that a civil action has been commenced against him for the sum of one hundred and sixty nine dollars and fifty eight cents on account of a note executed by the defendant, 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 first Monday of February next and on or before 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.
**Griffin D Theobald vs 19 Frederick Eschmann et al**
On motion of the plaintiff by his attorney, [the ?] ordered that attachments issue against Frederick Eschmann and Dietrich Woestendick returnable Friday next to answer a contempt in failing to obey the order for the delivery of the property attached.
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**Viewer Page 193** (rcdbook1859_29_0192.jpg)
> Handwritten Page Number on Record Book: 185
Court met pursuant to adjournment. Present as before.
**Francis Babcock et al vs 90 Chippewa Falls Lumbering Company**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and the execution issues therefor.
**Vincent Boisanbin vs 73 William G Miller et al**
Order for production of Books.
Now comes the plaintiff, by his attorney, and files a petition for production of books of account, and the Court, after due consideration thereof, doth order that William G Miller, one of the defendants in the above entitled cause, produce, on or before Saturday next, December 3rd, 1859, at 10 o'clock, am, the Day Book, Journal, Ledger, Cash, Bill or note and Invoice Books, mentioned in the plaintiffs petition as the books of the firm of Miller and Boisanbin; or that the said William G Miller then and there show cause why the prayer of the said petition should not be granted.
**State of Missouri at the relation of Thomas Wall vs James Coff**
Quo Warranto.
Now at this day comes Charles G Mauro, Circuit attorney of the Eighty Judicial Circuit, who prosecutes for the State of Missouri in this behalf, on the relation of Thomas Wall, and files the affidavit of said Wall, and upon the facts stated therein leave is given the said Circuit Attorney to file an information in the nature of a quo warranto at the relation of said Thomas Wall against said James Coff, which is accordingly filed; and on motion, it is ordered that the writ prayed for issue returnable on Monday December 12th A D 1859, at ten o'clock. am.
**John F Mauntel, Henry Bulte, and Matthias Backer. vs 76 William Bender**
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 great loss and expense before the probable termination of this suit; it is therefore ordered that the 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.
**Henry Bell, David W Bell, John B Telden and Noah D Bell vs 75. Henry B Maxey**
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 great loss and expense before the probable termination of this suit; it is therefore ordered that the 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.
**Hiram Johnson and George P Whitelaw vs 783 William K Wilson**
On Note and Account.
Now come the plaintiffs by their attorney, and the defendant, although duly called still making default, the plaintiffs submit the assessment of their damages to the Court, and the Court, after heaving the proof, doth assess their damages at the sum of two hundred and twelve dollars and eighteen cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid as assessed and also their costs herein expended and have execution therefor.
**Charles Wall et al vs Jas O Carsen et al**
Depositions for plaintiffs opened and filed.
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**Viewer Page 194** (rcdbook1859_29_0193.jpg)
> Handwritten Page Number on Record Book: 186
**James Willoughby vs 93 James P Langford J W Stephenson, Henry Grimm and Jacob Grimm**
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendants, Henry Grimm and Jacob Grimm, but the defendants, although duly summoned and called, come not but make default, wherefore the Court doth find that the defendants are indebted to the plaintiff in the sum of three hundred and fifty five dollars and fifteen 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: and it is ordered that this judgment bear interest at the rate of ten percent per annum from this date until paid.
**John A Tatum vs 311 Robt H Ober et al**
The defendants by leave of Court with draw their answer and file a demurrer herein.
**Robert Cause et al vs 159 William H Bassett et al**
On motion of the plaintiffs, by their attorney, it is ordered that an alias writ issue against defendant David P Clay.
**Charles Kasten vs 505 Daniel Lobenstein**
Dismissal.
No one appearing to prosecute this action, it is ordered that the same be dismissed at plaintiffs costs and that execution issue therefor.
**Louis Rower et al vs 557 C Albers**
Dismissal.
No one appearing to prosecute this action, it is ordered that the same be dismissed at plaintiffs costs and that execution issue therefor.
**Charles H Olcott surviving partner et al vs 597 Walter S Dann**
Dismissal.
No one appearing to prosecute this action, it is ordered that the same be dismissed at plaintiffs costs and that execution issue therefor.
**Bank of Missouri vs 489 J W Chenoweth et al**
Dismissal.
No one appearing to prosecute this action, it is ordered that the same be dismissed at plaintiffs costs and that execution issue therefor.
**Mark Hamilton vs 682 John M Carthy**
Dismissal.
No one appearing to prosecute this action, it is ordered that the same be dismissed at plaintiffs costs and that execution issue therefor.
**George Rogers vs 490 Leopolt Mayer**
On account and note.
Now comes the plaintiff, by his attorney, but the defendant, although duly called, makes default; and no Jury being required, the Court from the proofs, doth assess the plaintiffs damages at the sum of six hundred and eighty five dollars and forty five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid as assessed and also his costs herein expended and have execution therefor; against the property attached and it is ordered that five hundred and ninety dollars and twenty five cents bear interest at ten percent per annum from this date.
**George Kingsland et al vs 668 Lewis Hall, J C Hull and Edwd Gray**
Dismissal.
On motion it is ordered that this cause be dismissed at the defendants costs and that execution issue therefor.
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**Viewer Page 195** (rcdbook1859_29_0194.jpg)
> Handwritten Page Number on Record Book: 187
**Thomas Allen et al vs 596 Chamberlin et al**
Dismissal.
By consent of parties, it is ordered that this cause be dismissed at the plaintiffs costs and that execution issue therefor: The defendants waive all claim for damages under the attachment herein.
**Thomas Allen et al vs 830 Joshua H Alexander and Henry N Hart garn. of Chamberlin et al**
Dismissal.
By consent it is ordered that the said garnishees, be discharged at plaintiffs costs, without an allowance, and that execution issue therefor.
**Philip Thomas vs 445 Andrew Krautler**
Continued as on affidavit at defendants costs for absence of F Stevens a witness.
**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 805 John P Callahan**
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 assess his damages at the sum of sixty two dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**August Leisse vs 480 Bernard Rawie**
On account.
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 finds for the plaintiff and assess his damages at the sum of two hundred and seventy eight dollars and forty eight 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.
**Charles F Meyer and Frederick W Meister surviving partners of the late firm of Meyer Krug and Meister vs Louis G Woltge**
Confession of Judgment.
Now comes the defendant and files a statement in writing duly verified by affidavit confessing himself indebted to the plaintiffs in the sum of one hundred and eighty seven dollars and forty two cents and authorizing the entering up of 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 debt a foresaid a confessed and also their costs herein expended and have execution therefor.
**Charles F Meyer and Frederick W Meister vs Louis G Woltge**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and the defendant also comes and files a statement in writing duly verified by affidavit confessing himself indebted to the plaintiffs in the sum of two hundred and three dollars and nineteen cents and authorizing the entering up of 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 debt aforesaid in form aforesaid as confessed and their costs herein expended and have execution therefor.
**In the matter of the Barge Grey Hound**
Dismissal.
On motion of Henry Kattelman, upon whose application an order for the sale of said Barge was made, it is ordered by the Court that all further proceedings herein be discontinued.
---
**Viewer Page 196** (rcdbook1859_29_0195.jpg)
> Handwritten Page Number on Record Book: 188
**John W Hedenberg vs 707 William A Whiting et al**
On motion this cause is continued at plaintiffs costs, and leave until the second day of January next is given the plaintiff to amend.
**John H Ferguson vs 351 Joseph Garneau**
On False Warranty.
Now come again the parties, by their attorneys, and also the Jurors empanelled and sworn herein, except D Lewis, and thereupon the trial progressed with the remaining eleven Jurors, by consent, and the parties file an agreement, and by their consent it is ordered by the Court that the Jurors aforesaid be discharged from the further consideration of this cause.
**Anna Catherina Weber vs 92 Christian Weber**
Dismissal.
On motion of the plaintiff, by her attorney, it is ordered that this cause be dismissed.
**Samuel Hamilton vs 951 John Christopher et al**
Motion to set aside non suit filed.
**City of St Louis vs 438 John C Smith et al**
Motion to set aside judgment filed.
Court met pursuant to adjournment. Present as before.
**William T Jennings et al vs 789 Moses D Myers**
Now come the plaintiffs, by their attorney, and file a bond for costs with Francis H Manter, as security, which bond is approved by the Court: and the motion to dismiss, after due consideration by the Court, is overruled.
**Edward James vs 548 James Cohicks**
Deposition for defendant opened and filed.
**Henry M Buckner et al vs 8 Frederick A Schmucker et al**
Continued on affidavit at defendants costs.
**Bowman C Baker et al vs 9 Frederick A Schmucker et al**
Continued on affidavit at defendants costs.
**Stephen D Grofflin et al vs 10 Frederick A Schmucker et al**
Continued on affidavit at defendants costs.
---
**Viewer Page 197** (rcdbook1859_29_0196.jpg)
> Handwritten Page Number on Record Book: 189
**Patrick Poland et al vs 11 Frederick A Schmucker et al**
Continued on affidavit at defendants costs.
**George H Hill et al vs 12 Frederick A Schmucker et al**
Continued on affidavit at defendants costs.
**Edward W Tiers et al vs 14 Frederick A Schmucker et al**
Continued on affidavit at defendants costs.
**Edmund Hendricks vs 636 Frederick A Schmucker et al**
Continued on affidavit at defendants costs.
**Rudolph Bircher vs William A Beard**
Confession of Judgment.
Now comes the plaintiff, by his attorney, and the defendant also comes and files a statement in writing, duly verified by affidavit, confessing himself indebted to the plaintiff in the sum of seven thousand eight hundred and fifty six dollars and thirty three cents and authorizing the entering up of judgment 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 debt aforesaid as confessed and also his costs herein expended and have execution therefor.
**Benj Leiber vs 850 St Louis Agricultural and Mechanical Association garn.**
Continued by consent of parties.
**Edward James vs 548 James Cohicks**
On False Warranty.
Now come the parties, by their attorneys and also come a Jury, to wit; P Lewis, J H Conn William G Miller, T H Larkin, William Gossman, William G Mepham, Roger Malaby, Robert Wasson, R E M Carthy, S Meyer, James Stuart, and Fayatte Moore, twelve good and lawful men, who being duly elected and tried and sworn the issues herein joined well and truly to try the trial progressed but not being finished is laid over until tomorrow.
**Alexander Mosbach vs 281 John Kampeter et al**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefor.
**Grace L Barnes vs 242 Henry M Barnes**
In the matter of Contempt.
The said defendant having purged himself of contempt by paying over the several sums as directed in the order allowing alimony, and also paying the costs of the proceedings for contempt, by consent it is ordered that all further proceedings for contempt be discontinued.
---
**Viewer Page 198** (rcdbook1859_29_0197.jpg)
> Handwritten Page Number on Record Book: 190
Court met pursuant to adjournment. Present as before.
**Henry Korhammer, Mary Korhammer, his wife and Anna Korhammer by her next friend Henry Korhammer. vs 291 George W Fisher**
Petition.
Now come the parties, by their respective attorneys, and the plaintiffs by leave of Court and by consent files an amended petition and the defendant files an amended answer herein; and the parties 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, and being fully advised of and concerning the premises, doth find the issues herein in favor of the plaintiffs. It is therefore considered adjudged and decreed by the Court that the instrument of writing described in the original and amended petition be set aside cancelled and declared null and void and that the said defendant be and he is hereby released from all and every liability ausing out of the same and that the said defendant deliver up to the plaintiffs the peomissory notes described therein and that upon such delivery he be discharged from the trust mentioned therein, and that the plaintiffs pay the costs of this suit.
**Rogers Brothers Manufacturing Company vs 634 Stephen C Jett et al**
On motion of the plaintiff, by its attorney, it is ordered that an alias Summons issue herein for defendant J S Jett returnable to the next term of this Court.
**Leonard Rothgerber et al vs 549 Solomon K Lawrence et al**
Dismissal.
The plaintiffs having failed to file security for costs within the time required for them so to do, on motion of the defendants, 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.
**Charles Greiner vs 56 Thomas Allen**
Depositions for plaintiff opened and filed: Exhibits there to attached filed
**Louis Bratenahl et al vs 145 A R Grimes**
Depositions for plaintiffs opened and filed.
**James Morton vs Cornelia Morton**
On motion of the plaintiff, by his attorney a dedimus is awarded him to Indiana.
**State use of Jno Young vs Theodore Hesselmeyer et al**
Depositions for plaintiffs opened and filed.
**The State of Missouri use of Charles S Hempstead vs 738 Felix Coste et al**
Motion for judgment on answer filed.
**David Anderson et al vs 863 David Hirsch garn. of Myron F Benjamin &c**
Continued by consent.
**David Anderson et al vs 866 David Hirsch garn. of Myron F Benjamin &c**
Continued by consent.
---
**Viewer Page 199** (rcdbook1859_29_0198.jpg)
> Handwritten Page Number on Record Book: 191
**Henry Pike vs 870 David Hirsch garn.**
Continued by consent.
**Ann Carroll vs Jas Carroll**
Motion for support filed.
**Samuel L Moses and Julius L Moses vs 315 John C F Laden and John Laden Jr**
On note.
Now come the plaintiffs, by their attorney, but the defendants, although duly called, still make default, 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 twenty one dollars and twenty 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 also their costs in this behalf expended and have execution therefor.
**McCormick vs 207 Tracy and Papin**
On motion of the plaintiff, by his attorney, leave is given him to withdraw the notes sued on, on leaving a copy thereof.
**In the matter of the assignment of Edwin A Skeele**
Appraisement filed. Lucian Eaton, assignee herein, files a bond, conditioned according to law, with himself, as principal, and George Partridge, George D Smith and John McKrum, as securities, which bond is in the sum of six thousand eight hundred and fifty dollars and is approved by the Court.
**Independence Mining Company vs 48 Albert C Koch**
Depositions for defendant opened and filed.
**Virginia W Mulhoeffer vs 350 Peter Mulhoeffer**
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 plaintiff, it is ordered by the Court that the petition herein be taken against defendant as confessed.
**James Andrews vs 720 B M Lynch**
Petition.
Now come the parties, by their respective attorneys, and also come a jury, to wit; L B Trafton, Joseph Stout, Thomas Ryan, L Samelson, John J Wright, H B Bryan, William Matthews, Charles Smith, Henry Dockring, Anton Marquis, Michael Cook and James Donahoe, 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.
**Edward James vs 548 James Cohicks**
On False Warranty.
Now come again the parties, by their respective attorneys, and also the jurors empannelled and sworn herein and the trial progressed and being finished the jury retire to consider of their verdict.
---
**Viewer Page 200** (rcdbook1859_29_0199.jpg)
> Handwritten Page Number on Record Book: 192
Court met pursuant to adjournment. Present as before.
**Chauncey I Bliss and Wyman Leonard vs George W Manning**
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 if said property be not delivered to him to take it from the defendant and deliver it to the plaintiffs.
**Henry M Buckner et al vs 7 Frederick A Schmucker et al**
By leave of Court first obtained defendants add an additional reason to the motion for a new trial.
**Cleander Mighells vs 139 Lorenzo D Jones**
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 published according to law.
**The State of Missouri to the use of Eleanor Davis vs 576 Henry N Hart and Louis Winkelmeier**
Dismissal.
The plaintiff having failed to file security for costs within the time allowed so to do, it is, on motion of the defendants, by their attorney, ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**William H Gordon, Temple O Harris W O Harris and F P Harris vs Azariah Connelly and William H Haggerty**
Confession of Judgment.
Now come the plaintiffs, by their Attorney, and the defendants also come and file a statement in writing duly verified by affidavit confessing themselves indebted to the plaintiffs in the sum of five hundred and fourteen dollars and thirty three cents and authorizing the entering up of judgment against them in favor of the plaintiffs for that amount and costs. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as confessed and also their costs herein expended and have execution therefor.
**Adam Jacobs et al vs 503 David L Latourette et al**
On motion of the plaintiffs, by their attorney, a dedimus is awarded them to Indiana.
**Edward James vs 548 James Cohicks**
Mistrial.
Now come again the parties, by their respective attorneys, and also come the jurors, empanneled and sworn herein and upon their oaths aforesaid say they are an able to agree upon a verdict, wherefore it is ordered that the jurors be discharged from the further consideration of this cause, and that this cause be continued.
**Vincent Boisanbin vs 73 William G Miller et al**
Answer to rule filed.
**Benjamin J Adams et al vs 190 Henry Ames et al**
Answer filed.
William Glasgow, Jr, who is personally known to the Court, comes in open Court and acknowledges the execution of a deed of emancipation by him to his negro slave James Bales who is a mulatto slight frame five feet seven inches in height and about forty five years of age.
---
**Viewer Page 201** (rcdbook1859_29_0200.jpg)
> Handwritten Page Number on Record Book: 193
**John J Roe et al vs 254 Thomas L Moore et al**
Motion for a severance as to Becker Filed.
**Sarah Wetherill et al vs 122 F A Hunt**
Answer of the defendant filed by leave of Court.
**Henry Townsley vs 760 Benj S Compton**
Depositions for defendant opened and filed.
**James Andrews vs 720 B M Lynch**
Now come again the parties, by their respective attorneys, and also the Jurors herein and the trial being finished the jurors retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
**Lewis P James use re vs 293 Samuel Frederick et al**
On motion of the plaintiff, by his attorney, it is ordered that a subpoena duces tecum issue to Jas H Garrett to bring a certain bond.
**Henry Pike vs 112 Edwd W Holloway**
On motion of the plaintiff, by his attorney, it is ordered that a Pluries Summons issue herein.
**John R Gillett vs 69 Ezra O English et al**
The plaintiff amends his amended petition by filing and adding there to an affidavit.
**Louis H Abrams vs 74 J H Roberts**
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.
**Louis H Abrams vs 39 Marshall Ford**
Continued as on affidavit at plaintiffs costs.
**Patrick McAneny et al vs 511 Peter Harman et al**
On motion one week additional time is given to answer.
**George Todd vs 104 Chas L Heywood et al**
This cause is continued to the next term of this Court.
---
**Viewer Page 202** (rcdbook1859_29_0201.jpg)
> Handwritten Page Number on Record Book: 194
**Ira H Stout vs 114 Edward S Holliday and William D Holliday**
Charge of Venue.
Continued as on affidavit at plaintiffs costs for absence of J M Tyler, a witness. The Judge of this Court having advised one of the parties in the premises, by consent of parties, appearing by their respective attorneys, it is ordered by the Court that this cause be transferred to the Court of Common Pleas, and that the Clerk of this Court file the original papers, and a certified copy of the record entries herein, in the Office of the Clerk of said Court.
**Americus V Potter vs 129 Edwin R Skeele**
On account.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed; and the plaintiff waiving the assessment of his damages, consents that judgment may be rendered against the defendant for the costs herein. It is therefore considered by the Court that the plaintiff recover of the defendant his costs herein expended and have execution therefor.
**Henry T Mudd et al vs 96 Jacob Ensminger**
Continued as on affidavit at defendants costs.
**Amelia Carman admr vs 678 Wm Etherton**
Exhibit filed.
**Alexander Boyd vs 555 Moses Meyer et al**
Answer filed.
**Charles D Drake vs 16 Edward H Gratiot**
Continued.
**James Andrews vs 720 B M Lynch**
Mistrial. Jury discharged.
Now come again the parties, by their respective attorneys, and also come the jurors empanneled and sworn herein and upon their oaths say they are unable to agree upon a verdict, wherefore it is ordered that the jurors aforesaid be discharged from the further consideration of this cause, and that this cause be continued.
**Abraham H Hoge et al vs Wm T Matter et al**
Reply to Counterclaim files.
**Silas Reed vs 1 Geo Scott**
Depositions for plaintiff opened filed.
**John J Roe et al vs 55 Thomas L Moore et al**
Motion to strike out part of answer of Wheeler filed. Motion to strike out answer of Becker and Fanning filed.
**Edward A Filley et al vs 85 William Trent**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
James A Guion, a deputy sheriff of St Louis County, is fined ten dollars for a contempt by him committed in saying that if he were directed by the Court to serve the writ of attachment on Capt John Reilley, a witness, he would refuse as to do.
**Henry T M Coun et al vs 44 John D Harty et al**
On motion of plaintiffs, by their attorney a dedimus is awarded them to the State of New York.
**Justus Chollar et al vs 63 John D Harty et al**
On motion of plaintiffs, by their attorneys, dedimus is awarded them to the State of New York.
---
**Viewer Page 203** (rcdbook1859_29_0202.jpg)
> Handwritten Page Number on Record Book: 195
**John Riordan vs Ohio and Mississippi Rail Road Company**
Depositions for defendant opened and filed.
**Vincent Boisanbin vs 73 William G Miller**
Motion for a continuance filed.
Court met pursuant to adjournment. Present as before.
**Julius W Weber by next friend George Weber vs John C Degenhart**
Appointment of next friends.
The plaintiff, Julius W Weber, files a petition for the appointment of next friend, and the Court appoints George Weber, next friend of said plaintiff, who files his acceptance of said appointment.
**George Todd vs 104 Charles L Heywood et al**
Dismissal.
On motion of the plaintiff, by attorney, it is ordered that the continuance herein be set aside and that this cause be dismissed at the costs of the plaintiff and that execution issue therefor.
**The Independence Mining Company vs 48 Albert C Koch**
On account.
Now come the parties, by this 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 and being fully advised of an concerning the same, doth find for the plaintiff upon his claim the sum of two hundred and eighty nine dollars and eighty seven cents, and for the defendant upon his set off the sum of twenty dollars, and doth assess the plaintiffs damages at the sum of two hundred and sixty nine dollars and eighty seven cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum of two hundred and sixty nine dollars and eighty seven cents, the damages aforesaid in form aforesaid as assessed, and also its costs and charges herein expended and have execution therefor.
**Charles Grinner vs 56 Thomas Allen**
Petition.
Now comes the plaintiff, by his attorney, but the defendant, although duly called, comes not; thereupon come a jury, to wit; James Lancaster, N Robinson, Christopher Lidloff, Jacob Casper, Henry Oerter, George W Davis, B Delisle, J J Reger, Herman Harmann, Gregua Rubuchon, Herman Mardorf, and Lewis Myers, 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 say they find for the plaintiff and assess his damages at the sum of ten hundred and sixty six dollars and sixty six cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum of ten hundred and sixty six dollars and sixty six cents, the damages aforesaid in form aforesaid as assessed, by the jury, and also his costs and charges in this behalf expended and have execution therefor.
---
**Viewer Page 204** (rcdbook1859_29_0203.jpg)
> Handwritten Page Number on Record Book: 196
**Peter Wiles et al vs 130 Rudolph Bercher**
Continued as on affidavit at plaintiffs costs for absence of.
**John Herron vs 858 George W Putnam et al**
Answer of Putnam filed.
**Margaret S Evington vs 66 Thomas C Evington**
Continued.
**Peter G Camden vs 87 John R Bart, Stephen C Jett and James S Jett**
Order of Sale.
Michael S Cerre, 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 great loss and expense before the probate termination of this suit; 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.
**Benjamin M Runyan vs 88 John R Bart, Stephen C Jett and James S Jett**
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, order the writ herein will be attended great loss and expense before the probate termination of this suit; 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.
**Vincent Boisanbin vs 73 William G Miller**
Dismissal.
Now comes the plaintiff, by his attorney, and by leave withdraws his prayer for an injunction and for the appointment of a receiver herein and dismisses this suit as to the defendant, Increase C Miller and Solomon Parmele, and the court having duly heard and considered the motion for a continuance of this cause, doth overrule the same.
**In the matter of the assignment of Edwin A Skeele**
Order of Sale.
Now comes Lucien Eaton, the assignees herein, and files a petition for an order of sale, and the Court, having duly heard and considered the same, doth order that the said assignee sell the stock of jewelry assigned entire at public or private sale as shall sum best on the following terms, to wit; one fourth part of the purchase money cash in hand, the balance, one fourth in two months, one fourth in four months, and one fourth in six months, or in monthly payments for the last three fourths, as shall suit the purchaser, the last payment not to exceed six months, secured by the promissory notes of the purchaser or purchasers with at least two good and sufficient endorsers upon each note: and it is also ordered that he include in the sale of said stock the property covered by deeds of trust: and it is further ordered that the said assignee sell the equipment of the establishment known as the Oak Hall Billiard Saloon and Pistol Gallery in St Louis and the rest of the property in the same manner and mode and on the same terms as those herein before named for the sale of the stock of jewelry, with the addition of security by deed of trust on the billiard tables, if he shall deem it expedient to add to the security of the notes given.
**David Nicholson vs 127 Jonathan Chesley**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**John W Hedenberg vs 411 Benjamin Mercardier et al**
Motion to strike out motion of defendants to strike out petition and for judgment by nil dicit filed.
---
**Viewer Page 205** (rcdbook1859_29_0204.jpg)
> Handwritten Page Number on Record Book: 197
**John Wittigh vs 92 Peter Bressau otherwise Breschauer**
Non suit.
This cause being called for trial the defendant comes by his attorney, but the plaintiff, although called, comes not, wherefore, it is considered 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.
**Charles Y Reeder vs Thomas P Shallcross**
Order for Delivery.
The plaintiff comes and files a petition and affidavit 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.
**Henry A Monell vs Charles M Monell, John B Henden and Nathaniel Constable Jr**
Order for Delivery.
The plaintiff comes and files a petition and affidavit claiming the possession of certain personal property therein described; wherefore it is ordered that the defendants deliver the property described 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.
**William L Ewing et al vs 826 Daniel T Wright et al garn.**
Answer fileds.
**Ann E Dillon's admr vs 114 Barton Bates**
Continued.
**John B Valle vs 117 R W Brewer**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**Alexander L Tyler vs 40 Christian Schaffler**
On Plea in Abatement.
Now come the parties, by this respective attorneys, and the plaintiff files an additional affidavit for the attachment herein and the defendant files a plea in the nature of a plea in abatement there to, and thereupon come a jury to wit; James Lancaster, N Robinson, Christian Lidloff, L E Forsythe, Z Day, Jr, Charles Jonas, E Williams, W H Vandmarter, Joseph Benken, J C Essex, Joseph Aubuchon, and D H Preston, twelve good and lawful men who being duly elected tried and sworn the matters in controversy upon the plea in abatement herein well and truly to try the trial progressed but not being finished is laid over until tomorrow.
**The Boatmans Savings Institution vs 689 The Bank of the State of Missouri**
The Court having duly heard and considered the motion to dismiss this suit, doth overrule the same; the motion for leave to bring in bills or notes sued on being heard and fully considered by the Court, the Court doth order that the plaintiff file with the Clerk the notes mentioned in the petition. On motion seventeen days from the time filing said notes are given the defendant to answer demur or otherwise plead.
**The Boatmans Savings Institution vs 722 The Bank of the State of Missouri**
The defendants motion to dismiss this suit being heard and fully considered by the Court is overruled; and the plaintiffs motion for leave to bring in bills sued on being heard and fully considered by the Court, it is ordered that the plaintiff file the bills mentioned in the petition with the Clerk Seventeen days from the filing of said bills are given defendant to answer, demur or otherwise plead.
---
**Viewer Page 206** (rcdbook1859_29_0205.jpg)
> Handwritten Page Number on Record Book: 198
Court met pursuant to adjournment. Present as before.
**Phebe Wiley vs 150 Thomas Wiley**
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant, although duly called, still making default, the Court proceeds to hear the proofs 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 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 the Court being satisfied that the defendant is an unsuitable person to have the care and control of the infant child Virginia W who is of tender years, it is further ordered adjudged and decreed that the plaintiff have the care custody and control of the said infant child: and it is also ordered that the plaintiff pay the costs of this suit.
**Simon Abeles as vs 80 Wilson Henley and Joseph L Papin**
The defendants motion for a new trial being heard and fully considered by the Court is overruled; and the defendants motion in arrest of judgment, being heard and fully considered by the Court, is sustained.
**Thomas L Price administrator of James Lusk vs 33 James B Colt**
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 finds the issue herein joined in favor of 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 plaintiff his costs and charges herein expended.
**John M Cashman etal vs 157 Thomas Durrell**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at plaintiffs costs and the execution issue therefor.
**James B Eads etal vs 30 James Stewart**
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor.
**Cleander Mighells vs 139 Lorenzo D Jones**
Death suggested.
The attorney for the plaintiff suggests to the Court the death of said plaintiff since the commencement of this suit, and the same is not denied: and this cause is continued until the next term of this Court.
**Edwin J Brown etal vs 138 Henry Lyon**
Dismissal.
On motion and by consent of parties it is ordered that this cause be dismissed at the defendants costs and that execution issue therefor.
**William M Cully and Mark W Watson vs 155 Henry A Schuermann and Frederick W Keferstein**
On note.
Now come the plaintiffs, by their attorney, and dismiss this suit as to Henry A Schuermann, but the defendant Fredk W Keferstein, 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 owes the plaintiffs one hundred and fifty four dollars and ninety cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and their costs herein expended and have execution therefor: and it is ordered that this judgment bear interest at Eight percent per annum.
---
**Viewer Page 207** (rcdbook1859_29_0206.jpg)
> Handwritten Page Number on Record Book: 199
**State of Missouri to use of Bernhard Midas vs 250 Simon Meyberg etal**
On motion of plaintiff, by attorney, ten days are given to file security for costs herein.
**Farmers Bank of Orwell vs 209 Isaac W Taylor's admr**
Continued.
**Henry Linkemeyer vs 108 Michael Plunkett etal**
Continued.
**Jermina A Crisman vs 168 William Crisman**
Decree of Divorce.
Now come the plaintiff, by her attorney, but the defendant although called, still makes default, and 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 that the plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant and be restored to all the nights and privilegas of an unmarried person; and it is ordered that the said plaintiff pay the costs of this suit.
John J Covert is admitted and enrolled as a member of this Bar.
**Vincent Boisanbin vs 73 William G Miller**
Reply to answer to Rule of Court to produce books.
**Alexander L Tyler vs 46 Christian Schaffler**
Now come again the parties by their respective attorneys, and also the Jurors empanneled and sworn herein and the trial progressed but not being finished is laid over until Friday Morning.
Court met pursuant to adjournment. Present as before.
**St Louis and Iron Mountain Rail Road Company. vs Thomas Leitenodorfer**
Prayer for appeal from judgment of confirmation of Commissioners Report and to at aside same filed by plaintiff.
**Roger C McAllister administrator of Richard Phillips vs 300 Ephraim Abbott etal**
Dismissal.
On motion of plaintiff by his attorney, it is ordered that this cause be dismissed at plaintiffs costs.
**Stephen Haskell and James M Franciscus vs 326 P A Champion**
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
---
**Viewer Page 208** (rcdbook1859_29_0207.jpg)
> Handwritten Page Number on Record Book: 200
**Wilson Cunningham, David Cunningham, Dominic Jhonsen and George Duncan vs 604 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 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 hundred and seventy six dollars and seventy five 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 execution therefor.
**Henry Townsley vs 760 Benjamin S Compton**
Now comes the plaintiff, by his attorney, and files an additional attachment bond herein in the sum of Eight thousand six hundred dollars with Obadiah H Platt, as principal, and William H Reed and Melvin L Gray, as securities, which bond is approved by the Court.
**Edward H Mead vs 86 John A Bart, Stephen C Jett and James S Jett**
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 great loss and expense before the probable termination of this suit; it is therefore ordered that the 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.
**Samuel Willi vs 239 Horatio Clark etal**
Continued.
**Adolph F Myer vs 240 Horatio Clark etal**
Continued.
**Susan K Sullivan vs 319 Dennis Sullivan**
Continued.
**Robert R Levick vs 823 Geo Cooper garns**
Denial of answer filed.
**James Andrews vs 720 B M Lynch**
Abstract of issues filed.
**Alexander L Tyler vs 40 Christian Schaffler**
On Plea in abatement.
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein, and the trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid say they find the issue herein joined in favor of the plaintiff. It is therefore considered by the Court that, at the date of the commencement of this suit, the defendant had fraudulently conveyed or assigned his property or effects so as to hinder or delay his creditors, and fraudulently concealed, removed or disposed of his property or effects so as to hinder or delay his creditors and was about fraudulently to conceal, remove or dispose of his property or effects so as to hinder or delay his creditors.
**Independence Mining Company vs 48 Albert C Koch**
Motion for a new trial filed.
**Clarence M Brooks Vs John D Daggett**
Depositions for defendant opened and filed.
**Edward Maddock vs 343 Elson T Wright**
The plaintiff file a bond for costs which is approved.
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**Viewer Page 209** (rcdbook1859_29_0208.jpg)
> Handwritten Page Number on Record Book: 201
**John Deitz vs Mound City Mutual Fire and Marine Ins Co**
Depositions for defendant opened and filed.
**James F Small, Cornelius W Small Thomas W Wells and John G Wells vs 133 Z Moore**
On account.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; Jacob Casper, Henry Oerter, George W Davis, B Delisle, J J Reger, William Fine, C Heisler, H Garvins, Turner Maddox, William D'Oench, D W Hitchcock and Thomas Haywood twelve good and lawful men, who is 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.
**William Stumpf vs 53 Frederick Luppeng**
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 great loss and expense before the probable termination of this suit; it is therefore ordered that the 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 C Kimbrough and Richard F Toomer vs 112 David Love**
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 great loss and expense before the probable termination of this suit; it is therefore ordered that the 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.
**James F Small, Cornelius W Small, Thomas W Wells and John G Wells vs 133. Z Moore**
On account. Non Suit.
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein, and the defendant moves the Court to strike out the petition herein on account of the absence of Cornelius W Small, one of the plaintiffs, who having been duly subpoenaed by the defendant and, being called, answers not; which motion, after due consideration by the Court, is sustained, to which ruling of the Court the plaintiff except and say they will not further prosecute their suit in this behalf but voluntarily suffer a non suit with leave to move to set the same aside. It is therefore considered by the Court that the plaintiffs take nothing by their suit in this behalf but that the defendant go hereof without day and recover of said plaintiffs their costs and charges in this suit expended and have execution therefor. Motion to set aside said non suit filed by plaintiffs.
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**Viewer Page 210** (rcdbook1859_29_0209.jpg)
> Handwritten Page Number on Record Book: 202
**Alexander L Tyler vs 40 Christian Schaffler**
On Note.
Now comes the plaintiff, by his attorney, and the defendant failing to plead further herein leaving this action undefended, on motion of the plaintiff, 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 plaintiff in the sum of seventeen hundred and ninety four dollars and three 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.
**Augustus Seemuller, John R Seemuller and Augustus seemuller vs 158. Timothy Van Link and Francis X Zimmerman**
On Note.
Now comes the plaintiff, by his attorney, but the defendants, although called come not; and the plaintiffs 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 plaintiffs in the sum of two hundred and seventy dollars and thirty three 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.
**Louis G Picot Trustee vs 260 James Patterson et al**
Additional abstract of plaintiffs title filed.
**Peter Lindell vs 261 James Patterson et al**
Additional abstract of plaintiffs title filed.
**John Dietz vs 241 Mound City M F & M Ins Co**
Continued generally.
**Henry J Mudd, Alexis Mudd and Graham L Hughes vs 868 Alfred M Waterman garnishee of Gayle and Wilson**
Garnishment.
Now come the plaintiffs, by their attorney, and the default of said garnished having been entered herein, and no Jury being required by plaintiffs, on motion of the plaintiffs, the Court finds and assess against said garnishee the sum of one cent. It is therefore considered by the Court that the plaintiffs recover of said garnishee the damages aforesaid as assessed and also their costs herein expended and have execution therefor.
**Louis Roever and Herman H Laumeier vs 166 August Johns**
On Note.
Now come the parties, by their respective attorneys, and waiving a Jury submit the matter in controvery upon the plea in abatement to the Court and the Court having duly heard and considered the same doth find the issue joined in said plea in favor of the plaintiffs; and the defendant failing further to pleads herein, leaving this suit undefended, on motion of the plaintiffs, the petition herein is 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 four hundred and seventeen dollars and thirty 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 also their costs herein expended and have execution therefor; and it is ordered that this judgment bear interest at the rate of ten percent per annum from this date until paid.
**Augustus Hubbell vs Michael S Cerre**
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 affidavit to Coroner of St Louis County and said Coroner is hereby directed if said property be not delivered to him to take it from the defendant and deliver it to the plaintiff.
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**Viewer Page 211** (rcdbook1859_29_0210.jpg)
> Handwritten Page Number on Record Book: 203
**Ferdinand B Houck vs Michael Leonardi et al**
Dismissal. On motion of the plaintiff, by his Attorney, it is ordered by the Court that this cause be dismissed at plaintiff's costs and that execution issue therefor.
**Quinnebaugh Bank vs John L Chandler**
Agreement filed and cause continued at defendants costs by consent.
**Malcom Turner et al vs William Hassinger**
Continued as on affidavit at defendants costs.
**Theresia Pereles vs Joseph Pereles**
Dismissal. On motion of the plaintiff, by Attorney, it is ordered that this cause be dismissed.
**Samuel L Hertz vs Lucius H Fuller**
On account. Now at this day come the parties, by their respective Attorneys, and also come a Jury to wit; Herman Kahrman, Gregua Aubuchon, Herman Mardorf, Louis Myers, LE Forsyth, Z Day, Charles Jonas, E Williams, WH Vandewater, James Benken, JC Essex and DH Preston, 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. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf by that the defendant go hence without day and recover of the plaintiff his costs and charges herein expended and have execution therefor. Leave is given plaintiff to move to set aside non suit.
**Franklin Field vs Charles W Barr**
Now comes the attorney for the plaintiff, and suggests to the Court the death of said plaintiff since the commencement of this suit, which is not denied, and this cause is continued until the next term of this Court.
**Henry Bussmeyer vs John Nicolay et al**
The plaintiffs motion for judgment on the answers herein being heard and fully con- sidered by the Court is overruled.
**Charles Gruner vs Thomas Allen**
Agreement filed and by consent of plaintiff one week further time is given defendant to file herein a motion for new trial and motion in arrest of judgment.
**Boatmans Savings Institution vs Bank of the State of Missouri**
Motion to dismiss suit filed.
**Boatmans Savings Institution vs Bank of the State of Missouri**
Motion to dismiss suit filed.
**Richard Clinton (of color) commonly called Clinton vs John Blackburn et al**
> Related to Case ID ccr1859.06903.022
The answer of John T Blackburn and others is amended by leave of Court by ad- ding an affidavit thereto: and the plaintiff by his attorney dismisses this suit as to Edward Hall.
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**Viewer Page 212** (rcdbook1859_29_0211.jpg)
> Handwritten Page Number on Record Book: 204
**John J Roe and Henry J Moore vs 254 Thomas L Moore, John G Glenn, Albert Becker, Joseph A Fanning, James A Stockton Daniel Wheeler**
On Note.
Come the parties, by their respective attorneys, and the Court having duly heard and considered the motion for severance as to the defendant Becker, doth overrule the same; thereupon come a Jury, to wit; Jacob Casper, Henry Oerter, George W Davis, B Delisle, J J Reger, Charles Jonas, William Fine, Henry Boggs, C Heisler, Louis Steller, H Garvins and D W Hitchcock, 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 being finished is laid over until Monday Morning.
Court met pursuant adjournment. Present as before.
**Samuel N Holliday administrator of the Estate of Mason Converse vs 348 Phebe Bassett**
Petition.
Now comes the plaintiff, by his attorney, but the default although called still makes default, and no Jury being required the court from the proofs doth assess the value of the property at the sum of seven hundred dollars, that is to say five hundred dollars the value of the slave Harriett and two hundred dollars the value of the slave, Isabel, and doth assess the damages of said plaintiff for the detention thereof at the sum of fifty dollars. It is therefore considered by the Court that the defendant return the said slaves, Harriet and Isabel, or pay the value aforesaid as assessed, at the election of the plaintiff, and also pay the damages assessed and the costs of this suit and that execution issue therefor.
**William J Syms and Samuel R Syms vs Horace E Dimick and Henry Folsom**
On Notes.
Now come the plaintiffs, by their attorney, but the defendant although called comes not nor have they pleaded to this action leaving the same undefended wherefore on motion of plaintiffs, the petition is taken against said defendants as confessed: and the Court find from the instruments in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of fifteen hundred and twenty one dollars and seventy two 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.
**Louis V Bogy et al vs 101 Bennett P Voorhies et al**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor.
**Saint Louis Lumbermen and Mechanics Insurance Company vs 538 Joseph Shinkle**
Dismissal.
On motion of the plaintiff, by its attorney, it is said ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor. By leave of Count plaintiff withdraw the notes sued on.
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**Viewer Page 213** (rcdbook1859_29_0212.jpg)
> Handwritten Page Number on Record Book: 205
**William R Martin et al vs 169 Christian Letzig et al**
Dismissal.
On motion of the plaintiffs, by their attorneys, it is ordered that this cause be dismissed at their costs and that execution therefor.
**Thomas H Russell vs 205 William Bennett**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Marry E Chaddick vs James B Chaddick**
Order of Publication.
The plaintiff files a petition and also an affidavit from which it appears to the Court that the defendant is a non resident of this State therefore, on motion of the plaintiff, by her attorney it is ordered that the defendant be notified that a civil action has been commenced against him to obtain a decree of divorce on account of wilful desertion and adultery, and that 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 first Monday of February next, and on or before the sixth day thereof answer to the action aforesaid, according to law, the petition herein will be taken against said defendant 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 publication in the City of St Louis.
**Augustus December, John R Seemuller and Augustus Seemuller Jr vs 153. Timothy Van Link and Francis X Zimmerman**
On notes.
Now come the plaintiffs, by their attorney, and on their motion the judgment rendered herein on the tenth instant is set aside and vacated; but the defendant although duly called come not and the plaintiffs 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 six hundred and fifty nine dollars and eighty 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.
**Anthony Portington Robert C Portington and Francis Portington vs 503 Charles Marlow**
On Bills of Exchange.
Now come the plaintiffs, by their attorney, and also comes the defendant, by his attorney, and withdraw his motion to consolidate and saying nothing further in bar of the plaintiffs demands the Court doth find that the defendant is indebted to the plaintiffs in the sum of ten hundred and sixty three dollars and eight cents on account of the instruments in writing on which this action is founded. 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 execution therefor.
**Anthony Portington, Robert C Portington and Francis Portington vs 771 Charles Marlow**
On Bill of Exchange.
Now come the parties, by their respective attorneys, and the defendant withdraws his motion to consolidate, and saying nothing further in bar of the plaintiffs demands the Court doth finds that the defendant is indebted to the plaintiffs in the sum of seven hundred and eight dollars and eleven cents on account of the instrument in writing on which this action is founded. 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 execution therefor.
**State of Missouri at the relation of Thomas Wall vs 889 James Coff**
On motion of James Coff, by his attorney, ten days are given him to answer herein.
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**Viewer Page 214** (rcdbook1859_29_0213.jpg)
> Handwritten Page Number on Record Book: 206
**Eliza R Chappelle by her next frisked Allison Stickney vs 444 William C Chappelle**
Dismissal.
On motion of plaintiff, by her attorney, it is ordered that this cause be dismissed.
**The Boatmans Savings Institution vs 722 The Bank of the State of Missouri**
Now comes the plaintiff, by its attorney, and by leave of Court first had and obtained amends the petition herein by inserting in the desecription of five hundred and two notes, dated May, 2nd 1859, and lettered D number twenty seven hundred and seventeen, and by changing in the description of five hundred and forty five notes dated September 1st 1858 lettered A, Numbers 639 to 637, 879 to 896, 1155 to 1154 and 2349, to 2347, and changing in description of two hundred and thirty six notes dated September 1st 1858 Lettered D number 1425, and by changing in description of five hundred and two notes dated May 2nd 1859 Lettered D numbers 2832 to 2833 and 2867 to 2869, and changing in description of five hundred and thirteen notes Lettered C dated May 2, 1859, number 3153 to 3150, also by changing in description of five hundred and ten notes dated May 2 1859, Lettered A number 3047 to 3045. and further by changing in description of five hundred and forty five notes number 1453 to 1455; and the plaintiff brings into Court and files with the Clerk the notes or bells sued on and the said notes are filed by developing the same in paper packages and enduring the packages thus made filed and attached to said packages on list made and attached by the clerk a description of said notes and it is ordered by the Court that Sullivan Blood be and he is hereby appointed Receiver of the notes or bills so brought into Court and filed subject to the further orders and directions of this Court, and that said Receiver before entering upon the discharge of his duties file a bond in the sum of seventy five thousand dollars with good and suffiecient security, which bond with Sullivian Blood as principal and Adolphus meien, Robert Holmes and James Smith as securities is accordingly filed; and it is also ordered that the Clerk of this Court make out a complete copy of that portion of the petition which describes the said notes or bills and deliver the same together with said notes or bills to the Receiver hereby appointed.
**The Boatmans Savings Institution vs 689 The Bank of the State of Missouri**
Now comes the plaintiff, by its attorney, and brings into Court and files with the notes or bills sued on and the said notes are filed by enveloping the same in paper packages and find using the packages this made filed and attaching to said packages offset made and tested by the Clerk respective of said notes and it is ordered by the Court that Sullivan Blood be and he is hereby appointed Receiver of the notes or bills so brought into Court, subject to the further orders and directions of this Court, and that said Receiver before entering upon the discharge of his duties file a bond in the sum of seventy five thousand dollars with security, which bond is according field; and it is ordered that the Clerk of this Court make out a complete copy of that portion of the petition which describes the said notes or bills and deliver the same together with said notes or bills to the Receiver hereby appointed.
**Thomas Best vs James Rutherford**
Satisfaction.
Now come the plaintiff, in person and acknowledges to have received full and entire satisfaction of the judgment rendered herein.
**John J Roe etal vs 254 Thomas L Moore etal**
Now come again the parties, by their attorneys, and also the Jurors herein and the trial progressed but being finished is laid over until tomorrow.
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**Viewer Page 215** (rcdbook1859_29_0214.jpg)
> Handwritten Page Number on Record Book: 207
**Tuesday December 13th 1859.**
Court met pursuant to adjournment. Present as before.
**Richard clinton (of color) commonly called "Clinton" vs John Blackburn, Edward M Blackburn, Martha A Blackburn, Charles A Blackburn and Rufus C Blackburn**
> Related to Case ID ccr1859.06903.022
Petition for Freedom. Now comes the plaintiff, by his Attorney, and submits to the Court his motion for judgment herein, and the Court having duly heard and considered the same and the petition answer and proofs doth order that the said motion be sustained. It is therefore considered and adjudged by the Court that the plaintiff be absolutely and forever set free from the said defendants and all persons claiming under them by title derived after the commencement of this suit and that the said plaintiff recover of the said defendants his costs herein expended and have execution therefor.
**The Boathmans Savings Institution vs The Bank of the State of Missouri**
The defendants motion to dismiss, being heard and fully considered by the Court, is overruled.
**The Boatmans Savings Institution vs The Bank of the State of Missouri**
The defendants motion to dismiss being heard and fully considered by the Court is overruled.
**$712.97 Special. Zebb F Wetzell and Otho Wetzell vs Joseph Murphy**
On account. Now come the plaintiffs, by their Attorney, but the defendant still makes default, and the plaintiffs waiving a Jury submit the assessment of their damages to the Court, and the Court, from the proofs, doth assess the plaintiffs damages at the sum of seven hundred and twelve dollars and ninety seven cents. It is there- fore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid in form aforesaid as assessed, and also their costs herein expended and have execution therefor against the property at- tached herein.
**Citizens Bank of Steubenville vs John B Carson**
On motion of defendant, by his Attorney, a dedimus is awarded him to Ohio.
James R Lackland and William H Lackland, two credible witnesses, examined under oath, prove the execution and acknowledgment of a deed of emancipation by Richard E Bland to slaves Rosetta alias Rosetta Bradshaw aged about thirty five years of a bright mulatto color, and her infant child aged about six months; and Peter E Bland who is personally known to the Court ack- nowledges the execution by him of said deed of emancipation to said slaves Rosetta and her infant child.
Charles JF Allen is admitted and enrolled as a member of this Bar.
**State use of David P Clay vs Robt Causse et al**
Motion for security for costs filed.
**State use of Wm A Bassett vs Robert Causse et al**
Motion for security for costs filed.
**John J Roe et al vs Thomas L Moore et al**
Now come again the parties, by their Attorneys, and also the Jurors herein and the trial progressed and it is ordered by the Court that the answer of defendant Wheeler be stricken out and by leave of Court the other defendants file an amended an- swer herein; but the trial not being finished further proceedings are laid over until tomorrow.
Court adjourned until tomorrow morning at nine o'clock.
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**Viewer Page 216** (rcdbook1859_29_0215.jpg)
> Handwritten Page Number on Record Book: 208
Court met pursuant to adjournment. Present as before.
**Zalmon Taylor etal vs 142 Morris D Myers**
On motion of the plaintiffs, by their attorneys, it is ordered that a dedimus issue in their behalf to Louisiana and also to New York.
**Morris D Myers vs 167 Zalman Taylor etal**
On motion of the defendant, by their attorney, a dedimus is awarded them to Louisiana and also to New York.
**Thomas E Tutt vs 446 Christian E Letzig etal**
Dismissal.
On motion of the plaintiff, by attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefor.
**Rene Guillon and Charles P Anderson vs 470 John L Chandler**
On note.
Now comes the attorney for the plaintiffs, and also comes the defendant by his attorney, and the attorney for the plaintiffs suggests to the Court the death of Charles P Anderson since the commencement of this suit, which is admitted; and the parties consent and agree that judgment may be rendered herein against the defendant in favor of Rene Guillon, the surviving plaintiff, for the sum of two hundred and fifty six dollars and thirty five cents. It is therefore considered by the Court that the said plaintiff recover of the defendant the debt aforesaid as agreed upon and also his costs herein expended and have execution therefor. By consent of parties execution of parties execution is stayed sixty days from this date.
**Andrew Close vs 292 Louisa Close**
Decree of Divorce.
Now comes the plaintiff, by his attorney, but the defendant, although duly called, still makes default; and the Court proceeds to hear the proof 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 the plaintiff be absolutely and forever divorced from the bonds of matrimony by him contracted with the defendant and be re stared to all the rights and privileges of an unmarried person: and it is also ordered that the plaintiff pay the costs of this suit and that executive issue therefor.
**Charles Collins, Samuel N Kellogg, and Eliah B Kirby vs Daniel D page, Henry D Bacon and Thomas Brown**
Confession of Judgment.
Now come the plaintiff, by their attorney, and file the statement of the defendants confessing themselves indebted to the plaintiff in the sum of Seven thousand nine hundred and sixteen dollars and fifty one cents and authorizing the entering up of judgment against them in favor of the plaintiffs for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as confessed and also their costs herein expended and have execution therefor.
**Patrick M Aneny etal vs 511 Peter Harmon and Harmon his wife**
Default.
Now come the plaintiffs by their attorney, but the defendants although duly called come not, nor have they pleaded further herein, wherefore, on motion of plaintiffs, the petition herein is taken against said defendants as confessed.
**State of Missouri to the use of Robert B Clarke et al vs 424 Michael S Cerre et al**
Continued on affidavit at defendants costs.
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**Viewer Page 217** (rcdbook1859_29_0216.jpg)
> Handwritten Page Number on Record Book: 209
**Benedict Milburn vs George W Cable**
Satisfaction.
Now comes the plaintiff, by Francis H Manter, his attorney, and acknowledges to have received full and entire satisfaction of the judgment rendered herein on the 17th day of May 1859.
**Catherine A Noonan vs 205 John H Tighe etal**
Continued as on affidavit at defendants costs on account of the absence of Henry A Ische, a witness.
**John J Roe and Henry J Moore vs 254 Thomas L Moore, John G Glenn, Albert Becker, Joseph A Fanning James A Stockton and Daniel W Wheeler**
On Note.
Now come again the parties, by their respective attorneys, and also the Jurors empanelled and sworn herein, and the trial being finished the Jurors aforesaid upon their oaths aforesaid say they find a verdict in favor of the plaintiffs for the sum of two thousand and ninety five dollars and thirty one cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the damages aforesaid in form aforesaid as assessed and also their costs and charges in this behalf expended and have execution therefor.
**Henry J M Coun et al vs 44 John D Harty etal**
On motion of the plaintiffs, by their attorney, a dedimus is awarded them to Iowa and also to Illinois.
**James W Saymish etal vs 213. Thomas Burke etal**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed an plaintiffs costs and that execution issue therefor.
**Henry S Parker etal vs 441 William Wade etal**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed an plaintiffs costs and that execution issue therefor.
**Louis Boellert vs 255 The Franklin Savings Institution**
Non suit.
This cause being called for trial the defendant comes, by attorney, but plaintiff although duly called comes not, wherefore, on motion of the defendant, it is ordered and adjudged by the Court that the plaintiff be non suited and that the defendant go hereof without day and receiver of the plaintiff its costs herein expended and have execution therefor.
**State use of Jno Co Skinner vs Charles Holmes etal**
Abstract of issues filed.
**Charles Gruner vs 56 Thomas Allen**
Motion for a new trial filed.
**William Mortland vs 256 Michael S Mepham and William G Mepham**
On account.
Now come the parties, by their respective attorneys, and also come a Jury to wit; Henry W Sears, Sebastian, Burgy, Frederick Tummermeister, Adolph Isaac, John Williams, William Power, Louis Latz, Louis Leduc, Samuel Jacks, John Dunlap, Daniel Eilers and Wm C Goodwin, twelve good and lawful men, who being duly elected tried and sworn the issues herein joined well and truly to try and the trial being finished, the Jurors aforesaid upon their oaths aforesaid say the find for the plaintiff the sum of two hundred 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 his costs and charge herein expended and have execution therefor.
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**Viewer Page 218** (rcdbook1859_29_0217.jpg)
> Handwritten Page Number on Record Book: 210
**Sebastian Bopp vs Jesse Arnott and Andersen Arnot**
Order for Delivery.
The plaintiff comes and files a petition and an 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 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 defendants and deliver it to the plaintiff.
Court met pursuant to adjournment. Present as before.
David M Gibben is admitted and enrolled as a member of this Bar.
G A Finkeluburg is admitted and enrolled as a member of this Bar.
**Samuel Hager vs 268 J Richard Barrett etal**
Dismissal.
On motion of the plaintiff, by attorney, it is ordered that this cause be dismissed his costs and that execution issue therefor.
**Francis M Faul and Mary A M Faul vs 206 John H Tighe**
Account.
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 for the plaintiffs upon the claim the sum of two hundred and and fifteen dollars and for the defendant upon his counterclaim the sum of seventy seven dollars and seventy cents and the doth assess the plaintiffs damages at the sum of one hundred and thirty seven dollars and thirty 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 and charges in the behalf expended and have execution therefor.
**Vincent Boisanbin vs 73 William G Miller**
Now come the parties, by their attorneys, and the Court being satisfied from evidence produced, that the order for production of books should not have been granted. doth order that said rule be set aside and vacated.
**Abraham H Hoge etal vs 887 William J Mather etal**
Continued as on affidavit at plaintiffs costs for absence of Geo B Hoge a witness.
**Adam Jacobs etal vs 503 David L Latourette etal**
Continued by consent at plaintiffs costs.
**John J Roe etal vs 254 Thomas L Moore etal**
Motion for a new trial filed.
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**Viewer Page 219** (rcdbook1859_29_0218.jpg)
> Handwritten Page Number on Record Book: 211
**Robert S Armstrong and Joseph W Kinnear vs 894 William Moore and Jane Moore**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and the defendants also come and file a statement in writing duly verified by affidavit, confessing themselves to be indebted to the plaintiffs in the sum of one hundred and ninety dollars and seventy eight cents and authorizing the entering up of judgment against them in favor of the plaintiffs for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as confessed and their costs herein expended and have execution therefor.
**John L Ross vs 237 Horatio Clark**
On Plea in abatement.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; John W Yeates, J M M Fadden, William Oloheeler, Joseph White, J B Roy, J Y Ruckle, Daniel Patterson, August Leisse, Vincent Guion, Henry Stratton, Joseph Aubuchon and George W Davis, 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 say they finds the matters in controvery upon the plea in abatement in favor of the defendant. It is therefore considered by the Court that, at the date of the commencement of this suit, the defendant had not absconded or absented himself from his usual place of abode in this state so that the ordinary process of law could not be served upon him: wherefore it is ordered and adjudged by the Court that this cause be dismissed at the costs of the plaintiff and of Andrew Johnson the principal and James Smith, the security, on the attachment bonds herein, and that execution issue therefor.
**Charles Wall etal vs 473. James O Carson etal**
Answer of Nicholas Springer filed.
**Louis Engels admr vs 76 Ino L Bernicker etal**
Motion for an order on receiver filed.
Court met pursuant to adjournment. Present as before.
**The Pilot Knob Iron Company vs 550 Charles L Gilpen**
On account.
Now comes the plaintiff, by its attorney, and waiving a Jury submits the assessment of damages herein to the Court and the Court, from the proofs, doth assess the plaintiffs damages at the sum of two hundred and seven 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 also its costs and charges herein expended and have execution therefor.
**State of Missouri to use of Abram J Stevenson etal vs 579 Michael S Cerre etal**
Continued as on affidavit at defendants costs for absence of George Hart a witness.
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**Viewer Page 220** (rcdbook1859_29_0219.jpg)
> Handwritten Page Number on Record Book: 212
**Henry Townsley vs 760 Benjamin S Compton**
On motion of the plaintiff, by his attorney, a dedimus is awarded him to the State of New York.
**Henry A Homeyer etal vs 557 Adolphus Dentelmoser**
Continued by consent.
**State use of J J M Bride vs 573. William B Watson etal**
Continued generally.
**Stacy B Barcroft etal vs 132 Elijah Hawkens**
On motion plaintiffs, it is ordered that an alias summons issue herein.
**Elizabeth Boylan vs 201 Roberts Eddy etal**
On motion of plaintiff, ordered that an alias Summons issue for Robts Eddy.
**Thomas Brown vs 654 Chester D Stevens**
On motion of plaintiff, ordered that an alias summons issue herein.
Mildred A Glover, wife of Samuel J Glover, who is personally known to the Court, acknowledges the execution of a deeds to John H Ferguson in trust for Maria R Ferguson for a mulatto girl slave named Anne Gayle, whereby the said Anne Gayle is emancipated and set free from bondage when she attains the age of twenty five years until which time she is to remain the slave of the said Maria R Ferguson, which deed is dated December 12th 1859.
**Charles Burchard vs Talmadge Stevens**
Now at this day comes the plaintiff, by his attorney, and files a petition, and also comes the defendant, by his attorney, Charles D Colman, and, waiving the issue and service of process, enters his appearance to this action; by consent of parties until the first day of the next term of this Court is given the defendant to answer.
**Herman W Brockelmann vs 577 Gerhard Bensberg etal**
The attorney for the plaintiff suggests the death of said plaintiff since the commencement of this suit which is not deviced: cause continued.
**John L Ross vs 237 Horatio Clark**
Motion for a new trial filed.
**J H Smith vs B Hysinger**
Depositions for defendant opened and filed.
**John Riordan vs 287 Ohio and Mississippi Rail Road Company**
Petition for Injuries.
Now come the parties, by their respective attorneys, and also a Jury, to wit, H W Sears, Sebastian Bergy, John W Yates, Adolph Isaacs, John Williams, William Power, L Kennerly, Martin crole, J J Reger, William Fine, B Delisle, and Louis Latz, 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 retire to consider of their verdict.
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**Viewer Page 221** (rcdbook1859_29_0220.jpg)
> Handwritten Page Number on Record Book: 213
Court met pursuant to adjournment. Present as before.
Michael S Cerre, Esq Sheriff of St Louis County, acknowledges in open Court the execution by of a deed by him, as Sheriff, in favor of Daniel R Garrison for all the right title interest, claim, estate and property of Daniel D Page and Deborah N Page, in and to the following described premises situated in the County of St Louis and State of Missouri; to wit; all that certain lot, price or parcel of land lying situated and being in the County of St Louis, State of Missouri, described as a piece or parcel of lands situated in what is called the grand prairie Common Fields and within the survey of a New Madrid Location in the name of Martin Coons, as made by Joseph C Brown, in the year eighteen hundred and eighteen, as Deputy Surveyor of the United States, commencing the survey on an arpent lot (as surveyed by William H Cozzens in the year eighteen hundred and forty six) where the New Madrid survey made by Cozzens for Des Hetre; thence eastwardly by one arpent wide about thirty six chains to across road recently laid out from the Olive Street Plank Road to Page avenue, which road runs nearly north and South, containing about eleven acres, more or less; bounded South by a lot onehalf arpent in width surveyed to the legal representatives of Francis Marechal; West by the West line of said New Madrid Location in the name of Martin Coons; North by land that was surveyed to Francis Boquet, and East by the road as aforesaid, being the same tract on which there is erected a large lain and a brick house occupied by one Abel Mathews; Sold by virtue of an Execution issued from the Office of the Clerk of St Louis Court of Common Pleas in favor of Oliver Garrison and Daniel R Garrison against Daniel D Page and Deborah O N Page, returnable to the April Term, 1860.
Michael S Cerre, Esq, Sheriff of St Louis County, comes and acknowledges the execution of a deed by him as Sheriff in favor of William Morrison, Edwin C Sloan and Charles F Tracy for all the right, title, interest, claim, estate and property of Daniel D Page and Deborah N Page of in and to the following described premises, to wit; All that certain lot, piece or parcel of ground situate lying and being in the city of St Louis and State of Missouri, commencing at a point in the southern line of Spruce street, distant westwardly forty five feet from the intersection of the Southern line of Spruce street with the eastern edge of Sixth street, and running thence Southwardly and parallel with Sixth street along land occupied by St John Church, one hundred and ten feet, thence Eastwardly and parallel with Spruce street eighty two feet to an alley; thence Northwardly along the Western line of said alley one hundred and ten feet to Spruce street, and thence to the beginning: Sold by virtue of and Execution issued from the office of the Clerk of the Court of Common Pleas returnable to the April Term, 1860, in favor of Oliver Garrison and Daniel R Garrison, against Daniel Page and Deborah N Page.
**Abraham Hite vs 612 R F Bridwell**
On Judgment.
Now comes the plaintiff, by his attorney, but the defendant, although called still make default; and no Jury being required the Court from the proofs doth assess the plaintiffs damages at one hundred and eighty seven dollars and twenty four cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid as assessed and also his costs herein expended and have execution therefor.
**Cyrus Bentley vs 355 Perry Fenlason**
On Judgment.
Now comes the plaintiff, by his attorney, but the defendant, although duly called comes not; and the plaintiff submits this cause to the Court and the Court having duly heard and considered the same doth find for the plaintiff and assess his damages at nine hundred and sixty nine dollars and twenty nine cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damaged aforesaid as assessed and his costs herein expended and have execution therefor.
**Charles Wall etal vs J O Carson etal**
Deposition for plaintiffs opened and filed.
**Louis Engel's admr vs 76 Geo L Bernicker etal**
Continued.
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**Viewer Page 222** (rcdbook1859_29_0221.jpg)
> Handwritten Page Number on Record Book: 214
**George Lich administrator of Louis Engel vs 76 John L Bernicker and Susan Bernicker his wife**
Order on Receiver.
Now come the defendants, by their attorney, and submit to the Court the motion for an order on the receiver and the Court after due consideration thereof doth order that Frederick W Engel, the receiver in this cause, on or before Tuesday the third day of January, eighteen hundred and sixty, make and and file with the Clerk of this Court a full true and specific report, account and statement of all moneys and rents which have come to his hands or under his control as receiver herein, showing from whom, on what account and in what sums all such money has been received by him.
**Henry Buesmeyer vs Henry Stuckenberg**
Depositions for plaintiff filed.
**Wm Mortland vs 256 M S Mepham etal**
Motion for a new trial filed.
**State use of Gilsey vs 273 Edward A Damon etal**
Motion for security for costs filed.
**Jno W Skinner vs 510 D A January etal**
Abstract of issues filed.
**Henry Buesmeyer vs 283 Henry Stuckenberg**
Continued as on affidavit at defendants costs for absence of Peter Beroch a witness.
**Charles B Fallenstein and Charles Wm Gauss vs Alban Treutler**
Confession of Judgment.
Now comes the defendant, and files a duly verified statement confessing himself indebted to the plaintiffs in the sum of one hundred and twenty four dollars and fifty cents and authorizing the entering up of 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 debt aforesaid as confessed and their costs herein expended and have execution therefor; and it is ordered by the Court that this judgment bear interest at the rate of ten percent per annum from this date until paid.
**Charles N Lockwood vs 16 Horace B Osborn, John P Camp and Theodore Worde**
Dismissal. Default.
Now comes the plaintiff, by his attorney, and dismisses this suit as to Horace B Osborn, but the defendants, John P Camp and Theodore Ward, 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.
**John Riordan vs 287 The Ohio and Mississippi Rail Road Company**
Mistrial.
Now come again the parties, by their respective attorneys, and also come the Jurors empanneled and sworn herein, and say they are unable to agree upon a verdict, wherefore it is ordered by the Court that the Jurors aforesaid be discharged from the further consideration of this cause be continued until the next term of this Court.
**Henry R Hammond vs 389 Pacific Rail Road**
Continued.
**Fallina Harrman vs 388 William Harrman**
Continued as on affidavit at plaintiffs costs.
**William C Jamison vs 915 James Castello late Sheriff of St Louis Co et al**
Continued.
**Charles H Waters etal vs 871 David Hirsch garnishee of Benjamin etal**
Continued by consent.
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**Viewer Page 223** (rcdbook1859_29_0222.jpg)
> Handwritten Page Number on Record Book: 215
**Wm H Parkinson vs 366 Henry S Eaton et al**
Continued.
**Jno J Parkinson vs 367 Henry S Eaton et al**
Continued.
**H N Hart vs 357 Jno Schiffman**
Continued.
**Samuel Hager vs 193 Allen Brown**
Dismissal.
On motion of the plaintiff, by his attorney it is ordered that this cause be dismissed at his costs and that execution issue therefor.
**Henry J Helm et al vs 341 Daniel Wolf**
Continued.
**Louis G Picot & al vs 260 Jas Patterson & al**
Continued.
**Peter Lindell vs 261 Jas Patterson et al**
Continued.
**John C Stewart vs 177 Margaret Casey**
Continued.
**Gustaves Bauemann vs 167 Jas Boulting house**
Continued.
**H J Pack vs 15 F Hudson**
Continued by consent.
Court met pursuant to adjournment. Present as before.
**Jacob L Levinski vs 581 Erastus Wells.**
Dismissal.
And now at this day come the parties to this suit and by agreement and for value received by plaintiff from the defendant this suit is dismissed.
**Eugene Miltenberger et al vs Jno Co Spalding et al**
Depositions for plaintiffs opened and filed.
**John Purvis vs Eliza A Purvis**
Depositions for plaintiff opened and filed.
**Jos Stettinius et al vs 75 James Hughes**
Agreement filed.
**Samuel Cupples et al vs Perry Brown**
Depositions for plaintiffs opened and filed.
**Robt S Eddy vs 49 Elizabeth Boylan**
Continued by Consent.
**George N Lynch vs 498 Freeman Little**
Dismissal.
By consent of parties, it is ordered that this cause be dismissed and that each party pay one half of the costs herein and that execution issue therefor.
**The State of Missouri to the use of Michael Werk et al vs 533 David Anderson, Wm, H Barksdale and Samuel Bonner**
Continued by consent.
**State use of Samuel Brooks vs Michael J Cerre et al**
Continued by consent.
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**Viewer Page 224** (rcdbook1859_29_0223.jpg)
> Handwritten Page Number on Record Book: 216
**William H Sowers vs 482 Henry G Bilstein and Henry Henneke**
On account.
Now comes the plaintiff, by his attorney, but the defendants still make and no Jury being required the Court from the proofs doth assess the plaintiffs damages at the sum of three hundred and ninety dollars and seventy cents. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**John Brooks vs 501 George J Brady et al**
On motion of plaintiff, by his attorney, twenty days are given him to file an amended petition herein, and this cause is continued.
**Louis Engels admr vs Jno L Bernicker et al**
Receiver files an account.
**Trustee of Methodist Episcopal Church South vs Andrew King Exr of E Basye**
Transcript from Probable Court filed. Deposition of Wm S Holliday filed.
**James L Gage vs 489 St Louis Mutual Fire and Marine Ins Co**
Continued by consent of parties.
**Chas N Franke et al vs 465 Frantz Vogtle et al**
Continued as on affidavit at defendants costs for absence of Caspar. Brechtler, a witness.
**James M Bristow vs 433 The Pacific Rail Road Company**
Petition.
Now come the parties, by their respective attorney, and also come a Jury to wit. William Heaps, S H Smith, Peter Ambo, Charles Morris, Ralph Wilson, A Jamison, James Shannon, B F Jennings, James Bullo, George M Phetridge, SR Newson and FB James, twelve good and lawful men who being duly elected tried sworn the issues herein joined well and truly to try the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid find the following verdict, to wit; "We the Jury find for the plaintiff amount four hundred fifty dollars and interest at six percent per annum from date of this suit. B F Jennings, Foreman." It is therefore considered by the Court that the plaintiff recover of the defendant the sum of four hundred and fifty dollars and the interest aforesaid assessed by the Jury, to wit; twenty three dollars and sixty two and one half cents, making the sum total four hundred and seventy three dollars and sixty two and one half cents damages, together with his cost and charges in this behalf expended and have execution therefor.
**Jane Doyle vs John Doyle**
Proceedings against John Doyle for contempt.
Now at this day come the parties and the Court being fully advised of and concerning the matters in issue on the application to commit the said John Doyle for a contempt in not paying the plaintiff the sum of ninety two dollars and twenty cents, monthly, in money under the decree made herein on the twentieth day of June last past, finds that by the true intent and meaning of said decree the said sum of ninety two dollars and twenty cents was to be paid to the said Jane Doyle per month, in money, at the times mentioned in the decree, exclusive of any diminution for the house or any other property of the defendant in possession of said Jane Doyle at the time of and King said decree, but the Court further finds that the said John Doyle has not willfully and contumaciously refused to
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**Viewer Page 225** (rcdbook1859_29_0224.jpg)
> Handwritten Page Number on Record Book: 217
comply with said decree, and that said John Doyle was advised in good faith by his counsel that he was not bound to perform said decree further than he did; therefore it is ordered that the rule for committing the defendant is discharged at his costs.
**Verginia W Mulhoeffer vs 350 Peter Mulchoeffer**
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant, still makes default, and the Court proceeds to hear the proof and having 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 the said plaintiff be absolutely and forever divorced from the bonds of matrimony by her contracted with said defendant and be restored to all the rights and privileges of an unmarried person, and that her present name be altered and charged to her maiden name of Virginia W Mookerk and that the same be her after deemed and taken as her only true and lawful name: and it is also ordered that the plaintiff pay the costs of this suit.
**James H Russell vs 680 Michael Devoy et al**
The demurer to the petition herein is, after due consideration by the Court, sustained. Ten days are given the plaintiff to amend.
**John Riordan vs 287 Ohio and Mississippi Rail Road Company.**
Motion for security for costs filed.
**John Webster et al vs Jacob Cammonn et al**
Continued as on affidavit at plaintiffs costs for absence of Thos Webster.
**St Louis and Iron Mountain Rail Road Company vs Thomas Leitensdorfer**
Now comes the defendant, by his attorney, but the plaintiff comes not nor has it prosecuted the appeal from the judgment of confirmation of the Commissioners report, wherefore it is ordered, one motion of the defendant, that said appeal be dismissed, and the judgment of confirmation of said Commissioners Report the affirmed.
**Robert R Levick vs 823 George Cooper garn.**
By consent until the twenty fourth instant is given the garnishee to reply to the denial of his answer.
**John Brook vs George T Brady**
For Malicious Prosecution.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; Thomas Thompson, A Lewellen, N Schaeffer, Joseph Street, George W Bremeyer, C Sutter, Stephen Zeisler, S C Menser, A J Latz, J F Fratter, J C Oliver, and John Henwood, 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.
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**Viewer Page 226** (rcdbook1859_29_0225.jpg)
> Handwritten Page Number on Record Book: 218
Court met pursuant to adjournment. Present as before.
**State use of John Young vs 570 Theodore Hesselmeyer et al**
Motion for security for costs filed.
**Carofine Myers vs 272 W C Malloy et al**
Affidavit of D Hoken filed.
**Catherine H Radcliff vs 81 Frederick E Radcliff**
Decree of Divorce.
Now at this day come the parties, by their respective attorneys, and the defendant by leave of Court withdraws his answer herein, wherefore it is ordered that the default of said defendant be entered herein; and by leave of Court the plaintiff files a supplemental petition, and by consent this cause is now submitted to the Court for final hearing; and the plaintiffs petition and her proof being duly heard and considered, the Court finds that the plaintiff is a person of good moral character and is in this cause the innocent and injured party and that she is for the causes stated in said petition entitled to admire from defendant and to the restoration of her maiden name. It is therefore ordered adjudged and decreed that the bonds of matrimony between plaintiff and defendant be dissolved on account of and for the fault of defendant, that the plaintiff be restored to her maiden name of Catherine H Bonesteel and that both plaintiff and defendant be and are by this decree left free to many again and that the defendant pay the costs of this suit.
**George D Hall vs 667 Ezra O English et al**
Continued by consent.
**William Siever vs 792 Adolphus Meier et al**
Reply filed.
**George W Parker, Turnbull Y Russell and Reuben Beman vs William W Stone and Robert H Stone**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the statement of the defendants, confessing themselves indebted to the plaintiffs in the sum of nine hundred and ninety two dollars and thirty cents and authorizing the entering up of judgment against them for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as confessed and also their costs herein expended and have execution therefor.
**Gustavus Woltman, survivor of Edward Eggers, and Statius Eggers late partner as Edward Eggers Co vs William W Stone and Robert H Stone**
Confession of Judgment.
Now come the plaintiffs, by his attorney, and files the statement of the defendants, confessing themselves indebted to the plaintiffs as surviver in the sum of two hundred and sixteen dollars and twenty sixty cents and authorizing the entering up of judgment against them for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as confessed and also their costs herein expended and have execution therefor.
**Charles Haywood, Philip Crow, and William A Crow vs William W Stone and Robert H Stone**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file their affidavit and comes George W Parker, in behalf of said defendants, and by virtue of a warrant of attorney, for that purpose executed by the defendants, and now produced and filed, confesses judgment in favor of the plaintiffs and against the defendants for the sum of four hundred and ninety nine dollars and ninety three cents and authorizes the entering up of judgment against said defendants for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as confessed and also their costs in this behalf expended and have execution therefor: and it is ordered by the Court that this judgment bear interest at the rate of ten percent per annum from this date until paid.
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**Viewer Page 227** (rcdbook1859_29_0226.jpg)
> Handwritten Page Number on Record Book: 219
**James G Goodrich, Peter H Willard and Albert A Child vs William W Stone and Robert H Stone**
Confession of Judgment. Now come the plaintiffs, by their attorney, and file their affidavit, and also comes Philips Crow and files a power of attorney and virtue of the authority therein conferred, in the name and behalf of said defendants, confesses judgment in favor of the plaintiffs and against the defendants for the sum of four hundred and eighty five dollars and sixty one cents and authorizes the entering of judgment against the defendant for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as confessed and also their costs herein expended and have execution therefor: and it is ordered that this judgment bear interest at ten percent per annum from this date.
**Roger E Harding, and Walter P Harding vs William W Stone and Robert H Stone**
Confession of Judgment. Now come the plaintiffs, by their Attorney and file their affidavit, and also appears Philips Crow, in behalf of said defendants, and, by virtue of a warrant of attorney executed by the defendants, and now produced and proved and filed, waives the issue and service of process and says he can not deny the demand of the plaintiffs, nor that the defendants are indebted to the plaintiffs, in the sum of two hundred and thirty five dollars and ninety seven cents, and confesses judgment in favor of the plaintiffs and against the defendants for that amount and authorizes the entering up of judgment against said defendants for the same. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as confessed and also their costs and charges in this behalf expended and have execution therefor: and this ordered that this judgment bear interest at ten per cent per annum from this date.
**Albert Kelly and George E Harding vs William W Stone and Robert H Stone**
Confession of Judgment.
Now come the plaintiffs, by their Attorney, and file their affidavit, and also comes Philips Crow and files a power of attorney from the defendants and by virtue of the authority therein conferred, confesses judgment in favor of the plaintiffs against the defendants for the sum of four hundred and thirty one dollars and two cents authorizes the entering up of judgment against said defendants for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as confessed and also their costs herein expended and have execution therefor; and it is ordered that this judgment bear interest at ten percent per annum from this date.
**Elijah G Tuttle vs William W Stone and Robert H Stone**
Confession of Judgment. Now come the plaintiff, by his Attorney, and files on affidavit, and also come Philips Crow and files a power of attorney from the defendants, and by virtue of the power thereby conferred, confesses judgment in favor of the plaintiff against the defendants for the sum of one hundred and sixty two dollars and seventy nine cents, and authorizes the entering up of judgment against the defendants for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as confessed and also his costs herein expended and have execution therefor; and it is ordered that this judgment bear interest at ten per cent per annum from this date.
**William H Reed and Edward Reed vs William W Stone and Robert H Stone.**
Confession of Judgment. Now come the plaintiffs, by their Attorney, and file their affidavit, and also comes Phillips Crow, and files a power of attorney executed by the defendants and by virtue of the power therein conferred, confesses judgment in favor of the plaintiff against the defendant for ten hundred and fifty one dollars and one cent and authorizes the entering up of judgment for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as confessed and their costs herein expended and have execution therefor; and it is ordered that this judgment bear interest at ten percent per annum from this date.
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**Viewer Page 228** (rcdbook1859_29_0227.jpg)
> Handwritten Page Number on Record Book: 220
**Mathew S Fife, George T Hubbard and Henry J Vogel vs William W Stone and Robert H Stone**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and files the duly verified statement of the defendants confessing themselves indebted to the plaintiffs in the sum of one hundred and thirty one dollars and ten cents and authorizing the entering up of judgment against them for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as confessed and also their costs herein expended and have thereof execution; and it is ordered that this judgment bear interest at ten per cent per annum from this date.
**Mathew S Fife, George T Hubbard, and Henry T Vogel vs William W Stone and Robert H Stone**
Confession of Judgment.
Now come the plaintiffs, by their attorneys, and file their affidavit, and come Phillips Crow and files a power of attorney executed, by the defendants, and, by virtue of the power therein confered, in the name and behalf of defendants, acknowledges that the defendants are indebted to the plaintiffs in the sum of seven hundred and fifty three dollars and sixty one cents and authorizes the entering up of judgment against the defendants for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as confessed and their costs herein expended and have execution therefor; and it is ordered that this judgment bear interest at ten per cent per annum from this date.
**John Brook vs George T Brady**
For Malicious Prosecution.
Now come again the parties, by their respective attorneys, and also come the Jurors empanneled and sworn herein, and the trial progresses and being finished the Jurors retire to consider of their verdict.
Court met pursuant to adjournment. Present as before.
**Calvin F Burnes vs Christian Schaffer and John H Fisher**
Now come the plaintiff, in person, and also come the defendants, by Henry N Hart, their attorney, and waiving the issue and service of process, enter their appearance to this action; and by consent until the fifth day of the next term of this court is given defendants to pleads.
**Calvin F Burnes vs Christian Schaffer, John H Fisher and Lorenz Schaffer**
Now comes the plaintiff, in person, and also come the defendants, by Henry N Hart, their attorney, and enter their appearance to this action with with leave to plead on or before the fifth day of the next term of this Court.
**The State of Missouri at the relation of Thomas Wall vs 889 James Coff**
Demurer filed.
**Jno S Thompson et al vs 543 Wm A Bennett etal**
Continued as on affidavit at plaintiffs costs for absence of A Lonergan.
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**Viewer Page 229** (rcdbook1859_29_0228.jpg)
> Handwritten Page Number on Record Book: 221
**Archange M Dowell vs Robert B M Dowell**
Order of Publication.
The plaintiff having filed a petition and also an affidavit from which it appears that the defendant is a non resident of this State, therefore, on motion of the plaintiff, 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 on the ground of desertion, and that unless he appear at the next September term of this Court to be begun and held at the City of St Louis, within and for the Country of St Louis on the last Monday of September, eighteen hundred and sixty, and on or before the sixth day of said term, answer to the action aforesaid, according to law, the petition herein will be taken against him as confessed. 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.
**William H Vanderslicer vs 327 John A M Elroy**
Petition for Damages.
Now comes the plaintiff, by his attorney, but the defendant although duly called comes 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 for the plaintiff and assess his damages at the sum of seventy nine dollars and nine cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and also his costs and charges in the behalf expended and have execution therefore.
**A M Farley vs C W Barnes etal**
Order of Sale.
James C Blythe, the receiver herein, files a petition for an order of sale, and the Court after due consideration thereof, doth order that the said Receiver sell the property specified in said petition by public auction.
**Franz J Schilling use vs 528 Albert Feger**
Continued as on affidavit at defendants costs for absence of Triob and Kaltenbach, witnesses.
**Theodore Roding vs 620 Michael O Rourke**
Motion and also an affidavit to set aside default filed.
**John W Skinner vs 570 D A January, Septimus Levering and H M Lindel**
Non suit.
Now come the parties, by their respective attorneys, and also come a Jury, to wit, William Heaps, A H Smith, Charles Morris, Ralph Wilson, A Jamison, James Shannon, B F Jennings Joseph Bulls, William Harris, Joseph Mees, Edward Karle and J C Tutt, 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 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 Jurors aforesaid be discharged from the further consideration of this cause, and that the plaintiff take nothing by his suit in this behalf but that the defendants go here of without day and recover of the plaintiff their costs and charges herein expended and have execution therefore. Leave is given plaintiff to move to set aside non suit.
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**Viewer Page 230** (rcdbook1859_29_0229.jpg)
> Handwritten Page Number on Record Book: 222
Court met pursuant to adjournment. Present as before.
**William H Reed etal vs William W Stone etal**
By leave of Court first had and obtained the plaintiffs file an additional affidavit herein.
**James G Goodrich etal vs William W Stone etal**
By leave of Court first had and obtained the plaintiffs file an additional affidavit herein.
**Mathew S File etal vs William W Stone etal**
By leave of Court first had and obtained the plaintiffs file an additional affidavit herein.
**Albert Kelly etal vs William W Stone etal**
By leave of Court first had and obtained the plaintiffs file an additional affidavit herein.
**Elijah G Tuttle vs William W Stone etal**
By leave of Court first had and obtained the plaintiffs file an additional affidavit herein.
**John Brook vs 502 George J Brady**
For Malicious Prosecution.
Now come again the parties, by their respective attorneys, and also come the Jurors, 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 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.
**Mathias Mentrup vs 580 Peoples Savings Institution**
Continued as on affidavit at defendants costs for absence of Morris Raphaclsky. a witness.
**James Morton vs Correlia Morton**
On motion a dedimus is awarded plaintiff to Illinois.
**John Garrison etal vs 578 William A Bassett etal**
Continued on affidavit at defendants costs.
**I N Smith vs 64 B Hysinger**
Motion to suppress defendants depositions filed.
---
**Viewer Page 231** (rcdbook1859_29_0230.jpg)
> Handwritten Page Number on Record Book: 223
Court met pursuant to adjournment. Present as before.
Michael S Cerre, Esq, Sheriff of St Louis Country, in open Court acknowledges the execution by him of a deed as such sheriff in favor of John R Patton, for all the night, title, interest, claim estate and property of James Smith, Permelia Smith, John Smith for himself and as guardian of Mary Louise, Levi, Permelia and Malinda Watts, Maicah Smith Widow of Levi Smith, and guardian of Ellen A Louisa V Joseph S, Daniel M, and [Lania ?] A R Smith of in and to the following described real state, being one hundred and thirty five 67/100 acres in the St Ferdinand Common Fields in said Country of St Louis described and bounded as follows, to wit beginning at a stone in Peter Pyants most Southern corner, then at N 37 Ealong his S Eastern line and near the middle of a lane 20,11 chains to a post corner, near the roof of an Elm 24 inches in diameter, corner on James Smith line thence & 53 C along Smiths Southern line 23,96 Chains to a post at Madam Menards corner thence South 37 W 290 chains to s stone corner of said Menard, thence J 53 C along said Menards line 13,50 chains to a stone, thence N 37 C 2,92 chains to a stone in James Smith land thence 53 C along Smith line 43,74 chains to a post in Flonsant Road from which a gate post bears N 53 W C links distant thence & 13 W along said road 6,722chains to a post thence & 10 3/4 W 600 chains to a post in Peter Manter line 24 links N 53 C of a stone in his line 10,78 chains to a post in Jack Perreau line thence N 53 W along perreau line 75,83 chains to a post, the most northern corner of perreau land from which an Elm 30 inches in diameter bears &55 C,150 links distant thence & 37 West along perreau line 425 chains to a stone in Utz line thence N53 W along Utz line 12,95 chains to the beginning: sold under and by virtue of an order of sale made by the St Louis Land Court in the cause wherein James Smith Permelia Smith, John Smith for himself and as guardian of Mary Louise, Levi, Permelia and Malinda Watts were plaintiffs and Mariah Smith widow of Levi Smith and guardian of Ellen A Louise V Joseph & Daniel M and [Lacia ?] A R Smith were defendants.
Michael S Cerre Sheriff of St Louis Country, in open Court acknowledge the execution of a deedby him as such Sheriff in favor of John A Smith for all the right title interest claim estate and property of James Smith, Permelia Smith, John Smith, for himself and as guardian of Mary Louise, Levi Permelia and Malinda Watts and Mariah Smith widow of Levi Smith and guardian of Ellen A, Louise V Daniel M and Lorna A R Smith of in and to the following described real estate, to wit; a track of land containing one hundred and eighty two 25/100 acres in the St Ferdin and Common Fields in term her and described and bounded in a Survey made by Isaac Woods on the 23rd day of August 1854 and filed in the office of the Clerk of the St Louis Land Court in said Country as follows, to wit; in township 47 N R C 6 C beginning at a white oak tree 12 inches in diameter at the N C corner of lands belonging to the estate of Levi Smith thence with the N C boundary line of said track N 53 W 148 chains to 50 links to a post on the right bank of the Missouri river said stake being the most Northerly corner of said track, thence up the said river with the meanders thereof & 50" 30 W 15 chains 71 links to the most westerly corner of said track, thence with the South Westerly line of said track &53 C 93 chains 79 links to a corner from which a walnut 20 inches diameter Bears N40 C 20 links an honey locust bears N 58 W 25 links distant thence N 37 C 150 links to a white walnut stump at corner from which a walnut bears & 85 C 39 links and a walnut 40 inches diameter bears N 75 W 25 links distant, thence & 52 30 C 17 chains 50 links a post corner from which a black oak 28 inches diameter bears & 18 W 16 links distant and a Lynn 12 inches diameter bears N 26 30 C 49 links distant thence N 37 C 8 chains and 8 links to a post comes from which a white walnut bears &32 C 12 links distant and a white walnut 16 inches diameter bears N 22 W 37 links distant thence & 53 C 34 chains 88 links to a post corner from which a sugar tree 20 inches diameter bears &30 30 C 14 links distant thence N 37 C 5 chains 86 links to the place of beginning: Sold by virtue of an order of sale made by the St Louis land Court in a suit for partition wherein James Smith Permelia Smith, John Smith for himself and as guardian of Mary Louise, Levi permelia and Malinda were plaintiffs and Mariah Smith widow of Levi Smith guardian of Ellen A Louis V Daniel M and Larra R A Smith were defendants.
---
**Viewer Page 232** (rcdbook1859_29_0231.jpg)
> Handwritten Page Number on Record Book: 224
**Henry A Homeyer and Levis J Clausson vs 675 Jacob William Huge**
On account.
Now come the parties, by their respective attorneys, and the defendant withdraws his plea in a statement and the parties consent and agree that Judgment may be rendered herein in favor of the plaintiffs for one hundred and fifty five dollars and twenty one cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debit aforesaid as agreed upon and their costs herein expended and have execution therefor.
**Henry A Homeyer and Levis Clawson vs 832 James Taussig and Charles H Poertner garnishee of Jacob W Huge**
Garnishment.
Now come the parties by their attorney, and the consent the said garnishee James Taussig is discharged a plaintiffs costs; and the plaintiff and the garnishee, Charles N Poertner, consent and agree that judgment may be rendered herein for one hundred and thirty eightdollars and seventy five cents. It is therefore considered by the Court that the plaintiffs recover of the said Charles N Poertner the debt aforesaid as agreed upon and have execution therefore and that out of said sum the pay the costs herein expended; and the plaintiffs acknowledge to have received full and entire satisfaction of the above judgment.
**Isidor Bush and Charles Taussig Sr vs 676 Jacob William Huge**
On account.
Now come the parties by their attorneys, and the defendant withdraws his plea in abatement and consents and degrees with the plaintiffs that judgment may be rendered herein against him for the sum of one hundred and ninety seven dollars and thirty five cents. It is therefore considered by the Court that the plaintiffs re cover of the defendant the debt aforesaid as agreed upon and their costs herein expended and have execution thereupon
**Isidor Bush and Charles Taussig Sr vs 833 James Taussig and Charles H Poertner Garnishee of Jacob W Huge**
Garnishment. Now come the parties, by their attorneys, and by consent the said James Taussig is discharged at plaintiffs cost: and by consent and agreement of parties, it is considered by the Court that the plaintiffs recover of the said Charles H poertner the sum of one hundred and seventy two dollars and sixty nine cents, debt, and that at of said amount they pay the costs of this proceeding: and plaintiffs acknowledge full and entire satisfaction of the above judgment.
**Gerhard H Fisse vs 683 Jacob William Huge**
On account.
Now come the parties, by their attorney and the defendant withdraws his plea inabatement and consents and agreed with the plaintiff that judgment may be rendered herein in favor of the plaintiff for one hundred and fifty six dollars and twenty five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as agreed upon and his costs herein expended and have execution therefore.
**Gerhard H Tisse vs 534 James Taussig and Charles H poertner garnishee of Jacob W Huge**
Garnishment. Now come the parties, by their attorneys, and by consent of parties, the said James Taussig is discharged at plaintiffs costs; and the parties consent and agree that judgment may be rendered herein in favor of the plaintiff against Charles H poertner for the sum ofone hundred and thirty six dollars and seventy five cents. It is therefore considered by the Court that the plaintiff recover of the said garnishee Charles H Poertner the sum aforesaid as agreed upon and have execution therefore; and that out of said sum he pay the wets herein; and the plaintiff acknowledges to have received full and entire satisfaction of the above judgment.
**Reiner Bucter vs 282 Patk Keegan**
amended petition filed by leave of Court.
---
**Viewer Page 233** (rcdbook1859_29_0232.jpg)
> Handwritten Page Number on Record Book: 225
**Charles H Feichman and Andrew Cinstmann vs 795 Jacob William Huge**
On account. Now come the parties, by their attorneys, and the defendant withdraw his plea in abatement and consents and agrees with the plaintiffs that judgment may be rendered herein for the sum of one hundred and seven dollars against the defendant. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as agreed upon and their costs herein expended and have execution therefore.
**Charles H Feichmann and Andrew Einstmann vs 835 James Taussig and Charles H Poertner garnishees of Jacob W Huge**
Garnishment. Now come the parties by their attorneys, and by consent James Taussig is discharged at plaintiffs costs; and the parties consent and agree that judgment may be rendered herein in favor ofthe plaintiffs and against said Charles H Poertner for ninetythree dollars and seventy nine cents. It is therefore considered by the Court that the plaintiffs recover of the said garnishee, Charles H Poertner, the debt aforesaid as agreed upon and have execution therefore; and that out of said sum they pay the costs herein; and the plaintiffs acknowledge to have received full and entire satisfaction of the above judgment.
**John H Smith vs 64 B Hysinger**
The plaintiffs motion to suppress the depositions of John Fitch and S R Dolbee is sustained: and on motion of the defendant, by his attorney, leave is given to withdraw said depositions and leave is also given the officer who took said depositions to amend his certificates to the same as to conform to the facts.
**John W Skinner vs 511 Charles Holmes, Gladdin Gorin and Melvin L Gray**
Non suit.
Now come the parties, by their attorneys, and also come a Jurry, to wit; William Heaps, A N Smith, Charles morris, Ralph Wilson, A Jamison, James Shannen, B J Jennings, Joseph Bulls, William Harvis, Joseph Mees, Edward Karle, and J E the issues herein joined well and truly to try the trial progressed but the plaintiff says he will not further prosecute his suit this behalf but voluntarily takes a non suit. It is therefore considered by the Court that the plaintiff take nothing by his suit in the behalf but that the defendants go hereof without day and recover of the plaintiff their costs herein expended and have execution therefore. Leave is given plaintiff to move to set aside above non suit, and plaintiff files a motion for that purpose.
**Thomas Wood and Isaac Lynch vs 502 Martin Burk etal**
The motion for a new trial herein, being heard and fully considered by the Court is overruled; On motion during the present teem is given plaintiff to file a bill of exceptions herein.
**State a Missouri at the relation of Thomas Wall vs 889 James Coff.**
The demurrer to the petition herein being heard and fully considered by the Court is sustained: Leave is given the plaintiff to amend.
**Elizabeth Birch assignee of J A Smith vs 794 Enno Sander**
On motion a dedimus is awarded plaintiff to Indiana and to Canada West.
**William B Gerring vs 467 William Brown**
The motion for security for costs herein is, after due consideration by the Court, sustained. until January 3rd, 1860, is given to file security for costs.
---
**Viewer Page 234** (rcdbook1859_29_0233.jpg)
> Handwritten Page Number on Record Book: 226
**William B Lent, Benjamin South and William C Shipman vs 588 William Baugh**
On Bill of Exchange.
Now come the parties, by their respective attorneys, and file stipulation and submit this cause to the Court and in accordance with said stipulation the Court,being fully advised in the premises, doth find that the defendant is indebted to the plaintiffs in the sum of six hundred and eighty one dollars and eight 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 execution therefore.
**Daniel G Taylor and Sarah A Willard vs The City of St Louis**
Order of Injunction.
On reading and filing the petition and the plaintiffs filing a bond in the sum of five hundred dollars with George W Willard, as principal, and James Luttry, as security, which bond is approved by the Court, it is ordered that the defendant her servants agents and attorneys be and they are hereby restrained and enjoined from selling or proceeding to sell at tax sale, until the further order of this court, the following described real estate in the City and Country of St Louis State of Missouri, to wit; fronting twenty four feet on Thirteenth street and running through to Centre street in Block No 208 of the City of St Louis and bounded North by Luttry, East by Thirteenth sheet, South by pratt and West by Centre sheet.
**Caspar Kuendig vs John N Dietert or Detert**
Order for Delivery.
The plaintiff comes and files a petition and an 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 Country 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.
**Sallie B Dimick vs 435 Heraa E Dimick**
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant, although called still making default the Court proceeds to hear the proof and having duly heard and considered the same and being satisfied there from that the plaintiff is of good normal character and 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 re stored to all the rights and privileges of an unmarried person; and it is also ordered that the defendants pay the costs of this suit.
**Theodore Roding vs 620 Michael O Rourke**
The motion to set aside the default herein being heard and fully considered by the Court is sustained upon the payment by the defendant of the costs accrued to this date. Until the third day of January next is given to answer herein.
**A M Fountain etal vs 181 George W Manning**
On motion a dedimus to Illinois is awarded plaintiffs.
**Henry Townsley vs 751 Job S White**
On motion of the defendant, by his attorney, ten days are given to file an amended answer herein; and the Court doth thereupon overrule the motion for judgment herein.
**William Siever vs 792 Adolphus Meier and John C Rust**
The motion for security for us to herein is, after due consideration by the Court, sustained: Until the third day of January next is given plaintiff to file security for costs.
---
**Viewer Page 235** (rcdbook1859_29_0234.jpg)
> Handwritten Page Number on Record Book: 227
**Stepherd and Spence vs 115 St Charles Western Plank Road Company**
Order for Subpoena Duces Tecum. On motion of the plaintiffs, by their attorney, it is ordered that a subpoena dues tecum issue to the Secretary of the defendant ordering him to produce on the trial of this cause the records of said Company, also the contract made by the defendant with plaintiffs for the grading of said Road dated about May 17th 1852 also the final estimates of work done under said contract, also all papers, orders and records relating to the same or to any work done on said road by the plaintiffs.
**The State of Missouri to the use of Charles S Hempetead vs 738 Filix Coste etal**
The motion for judgment being heard and fully considered by the Court is overruled: the demurrer to the amended petition herein being heard and fully considered by the Court is sustained. Ten days are given the plaintiffs to amend.
**John W Skinner vs 510 D A January etal**
Motion to set aside non suit filed.
**Boatman Savings Institution vs 689 Bank of the State of Missouri**
Demurrer filed.
**Boatman Savings Institution vs 722 Bank of the State of Missouri**
Demurrer filed.
**Melvin L Gray trustee vs 391 Albert Albertson**
Deposition for defendant opened and filed.
Court met pursuant to adjournment. Present as before.
The fine imposed upon James A Guison, for contempt, is remitted.
**Charles Gruner vs Thomas Allen**
Remittitur.
Now comes the plaintiff, by his attorney, and Remits to the defendant the sum of four hundred and ninety nine dollars and sixteen cents part and parcel of the Judgment herein rendered. Therefore it is considered by the Court that the defendant be discharged from the payment of said sum remitted.
**In the matter of the assignment of Meyer and Lopez**
The assignees file a petition and the Court, after due consideration thereof, doth order that the time for selling and disposing of the stock assigned be extended sixty days.
**Percival Platt vs 10 William B Ward**
On motion of plaintiff by attorney, a dedimus is awarded him to Iowa.
---
**Viewer Page 236** (rcdbook1859_29_0235.jpg)
> Handwritten Page Number on Record Book: 228
**Rural Platt vs William B Ward**
On motion of plaintiff by attorney, a dedimus is awarded him to Iowa.
**John W Hedenberg vs 411 Benjamin Mercardier etal**
The defendants motion to strike out the petition herein being heard and fully considered by the Court is overruled: and the plaintiffs motion for Judgment being heard and fully considered by the Court is overruled. Time to and including the third day of January next is given defendants to answer.
**State use of Herman Gilsey vs 273 Edward A Damon etal**
The motion for security for costs herein being heard and fully considered by the Court is sustained: Twenty days are given to file security for costs.
**Harding etal vs Stone etal**
Additional affidavit filed by leave.
**Conrad Neun Jr etal vs 483 Heinrich Heisner**
amended petition filed demurrer filed.
**Cha H Welling etal vs Robert P Cady**
Depositions for plaintiffs opened and filed.
**Grace L Barnes vs 242 Henry M Barnes**
affidavits on motion to strike out filed.
**F P Whitcher etal vs 544 W H Kidd etal**
Exhibit filed.
Richard Henry Spencer is on motion of C F Burnes, admitted and enrolled as a member of this bar.
**State use of Hempstead vs 738 Felix coste etal**
amended petition filed.
**Commercial Ins Co vs 769 R F ass**
Motion to strike out answer and for judgment filed.
**James Syme etal vs 60 St Bt Indiana**
amended petition filed.
**David Anderson etal vs 603 Griffin P Theobald garn.**
Continued.
**Harvey W Smith vs 594 Elijah G Tuttle garn**
Continued.
**State use of Barnes vs 548 Louis Rower etal**
Continued.
**Jno Cairns vs 547 Leon Block etal**
Continued.
**Fired K P Whitcher etal vs 544 W H Kidd et al**
Continued by consent.
**Andrew Thorp etal vs 464 Jno Baker**
Continued.
**Afexis Mudd etal vs 461 Thos Ratcliffe etal**
Continued.
**David S Bigham vs 106 Geo Gletzinger admr**
Continued.
**Wayman Crow etal vs 17 W B Hall et al**
Continued.
**Ja F Donaldson etal vs 723 Henry W Marston et al**
Continued.
**Lawrence R Wohlien vs 448 Ins Wolff**
Continued.
**Eugene Miltenberger vs 405 Ja Clemens Jr etal**
Continued.
**Eugene Miltenberger vs 406 Ja Clemens Jr**
Continued.
---
**Viewer Page 237** (rcdbook1859_29_0236.jpg)
> Handwritten Page Number on Record Book: 229
**Eugene Miltenberger vs 407 Jno O Fallon etal**
Continued.
**Eugene Miltenberger vs 408 William S Harney etal**
Continued.
**Eugene Miltenberger vs 409 Ja A Rogers etal**
Continued.
**Eugene Miltenberger vs 410 Richd Graham**
Continued.
**Eugene Miltenberger vs 411 Cha Chambers etal**
Continued.
**Eugene Miltenberger vs 412 Louis C Hirschberg**
Continued.
**Eugene Miltenberger vs 413 Jeremiah [alun ?]**
Continued.
**Eugene Miltenberger vs 414 Morris Carroll**
Continued.
**Eugene Miltenberger vs 416 Ja H Lemotte etal**
Continued.
**Eugene Miltenberger vs 417 Geo M Quay etal**
Continued.
**A R M Nair et al vs 272 Philip Klein etal**
Continued.
**A R M Nair et al vs 273 Caroline C Austin etal**
Continued.
**A R M Nair et al vs 271 James S Smith etal**
Continued.
**A R M Nair et al vs 260 Michael Lott etal**
Continued.
Court met pursuant to adjournment. present as before.
**J W Harris vs 649 D N Evans**
affidavit of defendant filed. Amended answer filed.
**Julius H Smith vs 143 Ja D Houseman**
Receivers Robert filed.
**M Cann Schoonmaker etal vs Harty Bocarde etal**
Depositions for plaintiffsopened and filed.
**Frederick P Sanguinette vs 289 James Co Reilly etal**
Non Suit.
Now come the defendants, by their attorney, but the plaintiff, although duly called comes not wherefore, on motion of defendants, it is 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 said plaintiff their costs herein expended and have execution therefore.
**Hugh Boyle etal vs 393 Cary Gratz etal**
proof of Service.
Come the plaintiffs, by attorney, and file proof satisfactory to the Court of service of petition and notice of suit upon defendant, Henry H Gratz.
**Henry Townsley vs Jobs White**
On motion the time for answering is extended to the fifth instant.
---
**Viewer Page 238** (rcdbook1859_29_0237.jpg)
> Handwritten Page Number on Record Book: 230
**Samuel Goulding and Joseph Goulding vs 549 Elijah G Tuttle and Harvey W Smith garnishees of William Renth**
Garnishment.
Now come the parties, by their 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 garnishees, at the time they were summoned herein as such, were indebted to the defendant William Renth in the sum of Seven thousand one hundred and thirty two dollars and fifty cents, and that the plaintiffs have recovered of the said Renth the sum of two thousand two hundred and four dollars and that the interest there on and the costs on a Renth sum total twenty five hundred and sixty dollars and sixty four cents; therefore it is considered by the Court that the plaintiffs recover of the said garnishees the sum of twenty five hundred and sixty dollars and sixty four cents together with the costs of these proceedings and have execution therefore.
**Robert & Armstrong and Robert Casey vs 556 Elijah G Tuttle and Harvey W Smith garnishees of William Renth**
Garnishment.
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 that the said garnishees, at the time they were summoned herein as such, were indebted to the defendant William Renth in the sum of seven thousand one hundred and thirty two dollar and fifty cents and that the plaintiffs have recovered judgment against said Renth for twelve hundred and ninety seven dollars and seventy eight cents, and that the interest thereon and the costs of suit make the sum total fifteen hundred and eleven dollars and fifty eighty cents; therefore it is considered by the Court that the plaintiffs recover of said garnishees the sum of fifteen hundred and eleven dollars and fifty eight cents together the costs of these proceedings and have execution therefore.
**Charles W Anderson vs 453 Freeman Little**
petition.
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 the issues herein joined in favor of 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 plaintiff his costs herein expended and have execution therefore.
**John L Ross vs 230 Horatio Clark**
The plaintiffs motion for a new trial being heard, and fully considered by the Court is overruled.
**The Commercial Insurance Company vs 769 Richard F Sass**
The plaintiffs motion to strike out defendants answer and for judgment being heard and fully considered by the Court is overruled.
**James Syme etal vs 60 St Bt Indiana**
Continued.
**David Anderson etal vs 603 G p Theobald garn.**
Continued.
**Jacob Berlin vs 629 Joseph A Eddy etal**
By consent it is ordered that this cause be continued and that the defendant pay all the costs that have accrued herein to this date.
**John G Milliman vs 646 Ignatz Becker**
Motion to set aside default filed.
---
**Viewer Page 239** (rcdbook1859_29_0238.jpg)
> Handwritten Page Number on Record Book: 231
**John W Hedenberg vs 411 Benjamin Mircardier etal**
The defendants file answers herein.
**Exchange Bank of St Louis vs William H Chappell etal**
Depositions for plaintiff opened and filed.
Court met pursuant to adjournment. Present as before.
H Renard, whose identity is proven by the testimony of Leon J Papin and C Harding Jr, two credible witnesses, examined under oath, acknowledges the execution of a deed of emancipation to his mulatto boy slave John, son of Hyacinthe, of light mulatto complexion about five feet me or two inches in height.
**Mary Jane Eddy administratrix of James H Eddy vs 52 Joseph A Eddy**
On account.
Now comes the plaintiff, by her attorney, but the defendant still makes default, and this cause is submitted to the Court and the Court, after due consideration thereof doth assess the plaintiffs damages at the sum of one hundred and ninety four dollars and eighty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid as assessed and her costs herein expended and have execution therefore.
**Otis West vs 127 John Levin and John Corcoran**
On account.
Now comes the plaintiff, by his attorney, but the defendant still make default and no Jury being required this cause to submitted to the Court for assessment of damages and the Court, form the proofs, doth assess the plaintiffs damages at the sum of one hundred and ninety four dollars and seventy five cents. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid as assessed and also his costs herein expended and have execution therefore.
**Charles D Ellis vs 166 John W Davitt**
On account.
Now comes the plaintiff, by his attorney, but the defendant, still makes default; and no Jury being required the Court, form the proofs, doth assess the plaintiffs damages at the sum of two hundred and thirteen dollars and eight cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid as assessed and also his costs herein expended and have execution therefore.
**George H Fox vs 253 Amos H Ray**
On Notes and account.
Now comes the plaintiff, by attorney, but the defendant still makes default, and no Jury being required, the Court, form the proofs, doth assess the plaintiffs damages at the sum of seven hundred and eighty seven dollars and sixty one cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid as asssessed and also his costs herein expended and have execution therefore.
---
**Viewer Page 240** (rcdbook1859_29_0239.jpg)
> Handwritten Page Number on Record Book: 232
**Adam Jacobs etal vs 503 David L Latourette etal**
On motion of plaintiffs a dedimus is awarded them to Illinois.
**William Siever vs 792 Adolphus Meier etal**
The plaintiff files a bond for costs with John M Wimer, as security, whichis approved.
**Catherine W Livermore vs 179 George F Livermore**
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant, although duly called till makes default; and the Court proceeds to hear the proof and having duly. heard and considered the same and being satisfied there from that the plaintiff is a person of good moral character and 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 have the care custody and control of the child Frederick, mentioned in the petition, who is of tender years; and it is also ordered that her maiden name of Catherine W Gore be restored to her and be hereafter deemed and taken as her only true and lawful name, and that she pay the costs of this suit.
**The Southern Bank of St Louis vs The St Louis Lumberman and Mechanics Insurance Company**
Now comes the defendant, by its attorney and files an answer herein.
**Matthew S [Fise ?], George T Hubbard and Henry J Vogel vs 283 John W Davitt**
On account.
Now come the plaintiffs, by their attorney, but the defendant still makes default, and no Jury being required the Court from the proofs, doth assess the plaintiffs damages at the sum of two hundred and ninety four dollars and fifty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid as assessed and also their costs herein expended and have execution therefore.
**Thomas S Clark, William Thaw, and William Kountz vs 172 Thomas H Brierly, Joseph Nanson, Holmes Nanson, John Shaw, Charles Baker, Dutch Davis, Benjamin Hutchinson, James L Bissell, Patrick [yoro ?], and John H Brook**
On Account.
Now come the plaintiffs, by their attorney, but the defendants still make default, and no Jurry being required this cause is submitted to the Court for assessment of damages and the Court being fully advised of and concerning the premises doth asses the plaintiffs damages at the sum of sixteen hundred and five dollars. It is therefore considered by the Court that the plaintiffs recover of the defendants the damages aforesaid as assessed and also their costs and charges herein expended and have execution therefore.
**Joseph Weil and Max Weil vs 237 Clemens Landzettel and Bernhard Landzettel**
On account.
Now come the plaintiffs, by their attorney, but the defendants still make default, and the plaintiffs submit the assessment of their damages to the Court and the Court, after hearing the proofs, doth assess the plaintiffs damages at the sum of two hundred forty dollars and sixty 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 also their costs in this behalf expended and have execution therefore.
---
**Viewer Page 241** (rcdbook1859_29_0240.jpg)
> Handwritten Page Number on Record Book: 233
**Frederick Dentelmoser vs Mathew Rippey and George W Manning**
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 affidavit to the Sheriff of St Louis Country an said Sheriff is hereby direc ted if said property be not delivered to him to take it from the defendants and delver it to the plaintiff
**Citizens Bank of Steubenville vs John B Carson**
Depositions for defendant opened and filed.
**C Fischer vs 10 A Fisher**
Continued.
**Abram G Marble vs 78 St Bt Mariner**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed and that the defendant pay all the costs herein not already paid.
**Richard C [Weirick ?] et al vs 73 Goodspeeds etal**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefore.
**Michael Murphy vs 621 Calvin C Burt and Geo W Bechtner garnishees of Campbell et al**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that the said garnishees be discharged at his costs and that execution issue therefor.
**William Mortland vs 256 Michael Mepham and William G Mepham**
Remittitur.
Now comes the plaintiff, by his attorney, and remits to the defendants the sum of sixty one dollars part and parcel of the judgment rendered herein: and the defendants motion for a new trial herein being heard and fully considered by the Court is overruled.
**Isaac T Greene vs 151 William H Smith, Charles L Hobbs and Isaac Lankershine**
On notes and account.
Now comes the plaintiff, by his attorney, but the defendants, although called, still make default, and the plaintiff waiving a Jury submits this cause to the Court and the Court, having duly heard and considered the same, doth assess the plaintiffs damages at the sum of five thousand six hundred and eighty two dollars and nine cents. It is therefore considered by the Court that the plaintiff recover for the defendants the damages aforesaid as assessed and his costs herein expended and have execution therefore.
**Roger C M Allister admr of [Presly ?] Phillips vs 604 Wood W M Clamant garn of abbott et al**
Dismissal.
On motion of plaintiff, by attorney, it is ordered that the said garnishee be discharged at his costs and that execution issue therefore.
**Thomas Boylan etal vs 607 John C Brookes garn of Geo W Goodell**
Dismissal.
On motion of plaintiffs, by attorney, it is ordered that the said garnishee be discharged at plaintiffs costs and that execution issue therefore.
**Henry Scheffelmann vs 86 Frederick Tiemann etal**
Dismissal.
On motion of the plaintiff, by attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefore.
---
**Viewer Page 242** (rcdbook1859_29_0241.jpg)
> Handwritten Page Number on Record Book: 234
**George C Reed, and Theodore Yates vs 654 Francis A Pelletier and John D Pelletier**
On plea in Abatement.
Now come the parties, by their respective attorneys, and also come a Jury, to wit: J P White, Joseph Roy, Louis Motion, A K Nesbit, Henry von[dereaw ?], Gustavus Haenschen, C Rennekamp, W C Hyatt, J B [Dyer ?], Thomas A Anderson, John Smith and J D Fine, twelve good and lawful men who being duly elected tried and sworn the issue herein joined upon the plea in abatement the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid find the issue herein joined in favor of the plaintiffs. It is therefore considered by the Court that the defendants at the date of the commencement of this suit had fraudulently conveyed or assigned their property or effects so as to hinder or delay their creditors.
**Augustus P Ladew et al vs 17 H Clark et al**
answer of H Clark filed.
**W D Simpson etal vs 298 MS Cerre**
Continued.
**G Bauerman vs 632 Jesse Arnot garn**
Continued.
**J J Kelly vs 610 Robt M Renick re gain**
Continued.
**Geo P Fein vs 614 A Dentelmoser garn.**
Continued by consent.
**Wilson King vs 611 Thos Brown garn.**
Continued as on affidavit at plaintiffs costs for absence of Thos Brown a witness.
**Cha H Welling etal vs Robt P Cady**
Depositions of plaintiffs opened and filed.
Stephen Rice, Clerk elect of this Court, Presents to the Court his official bond in the sum of ten thousand dollars, conditional according to law, with himself as principal, Edward M Haydel, John W Rice and James Castello. As securities, which bond is approved by the Court.
---
**Viewer Page 243** (rcdbook1859_29_0242.jpg)
> Handwritten Page Number on Record Book: 235
Court met pursuant to adjournment. Present as before.
**Winslow L Bowker and James F Edwards vs The assigned estate of John C Powell and Joseph Powell Josiah G M Clellan assignee**
now come said M Clellan and the plaintiffs, by their attorney, and the said John C and Joseph Powell come not, and a Jury being waived this cause is submitted to the Court and the plaintiffs proofs being heard the Court finds that there is due from said John C and Joseph Powell to plaintiffs Eleven thousand five hundred eleven dollars and seventy six cents and interest thereon from April 28th 1859 making together the sum of sum of Eleven thousand nine hundred and eighty six dollars and sixty two cents: and it is ordered that said assignee pay to plaintiffs out of said estate an equal prorate share upon the sum last named with the other allowed debts of said estate.
**John J Anderson, Reuben L Anderson and Erastus H Gaylord vs The assigned Estate of John Powell and Joseph Powell Josiah G McClellan assignee**
Now come said McClellan and the plaintiffs, by their attorney, but the said John C and Joseph Powell come not; and no Jury being required this cause is submitted to the Court upon the proofs and the Court finds there from that there is due from said John C and Joseph Powell to plaintiffs the sum of twenty six hundred and twenty six dollars and eighty cents: and it is ordered that said assignee pay to plaintiffs out of said estate an equal pro rate share upon the debt aforesaid as found with the other allowed debts of said estate.
**William H Newman and Edward Franks vs The Assigned Estate of John C Powell and Joseph Powell Josiah G McClellan Assignee**
Now come said McClellan and the plaintiffs, by their attorney, but the said John C and Joseph Powell come not; and no Jury being required this cause is submitted to the Court and the Court having duly heard and considered the same finds that there is due from said John C seventy eight dollars and eighteen cents: and it is ordered that said assignee pay to plaintiffs out of said assigned estate an equal prorate share upon the debt aforesaid as found with the other allowed debts of said estate.
**George Joss, R Eaton Goodell and John McGinnis Jr vs The Assigned Estate of John C Powell and Joseph Powell Josiah G McClellan assignee**
Now come said McClellan and the plaintiffs, by their attorney but the said John C and Joseph Powell come not, and no Jury being required this cause is submitted to the Court and the Court having duly heard and considered the same finds that there is duly from said John C and Joseph Powell to plaintiffs the sum of four thousand four hundred and seventy three dollars and four cents; and it is ordered that said assignee pay to plaintiffs out of said assigned estate an equal prorate share upon the debt aforesaid with the other allowed debts of said estate.
**Robert M Henning, John O Woodruff, Marcus P Woodruff and Albert Pearce vs The Assigned Estate of John C Powell and Joseph Powell; Josiah G McClellan assignee**
Now come said McClellan and the plaintiffs, by their attorney, but the said John C and Joseph Powell come not; and no Jury being required this cause is submitted to the Court and the Court, afterdue consideration thereof, finds that there is due from said John C and Joseph Powell to the plaintiffs the sum of eight thousand seven hundred and eighty six dollars and sixty nine cents: and it is ordered that said assignee pay to plaintiffs out of said assigned estate an equal pro rata share upon the debt aforesaid with the other allowed debts of said estate.
---
**Viewer Page 244** (rcdbook1859_29_0243.jpg)
> Handwritten Page Number on Record Book: 236
**Mather S Moloney, William P Moloney, and Theodore Bandhomme vs The Assigned Estate of John C Powell and Josiah G M Clellan assignee**
Now come the said M Clellan and the plaintiffs, by their attorney, but the said Jno C and Jo Powell come not; and no Jury being required this cause is submitted to the Court and the Court, after due consideration thereof, finds that there is due from said Jno C And Jo Powell to plaintiffs the sum of four thousand one hundred and forty six dollar and nineteen cents: and it is ordered that said assignee pay to plaintiffs out of said estate an equal pro rata share up to the debt aforesaid with the other allowed debts of said estate.
**Daniel T Wright and Turner Maddox vs 74 R W Rogers and Andy Anderson**
On account.
Now come the plaintiffs, by their attorney, bad dismiss this suit as to the defendant, Anderson, but the defendant Rogers although called still makes default, and the plaintiffs waiving a Jury submit this cause to the Court and the Court after hearing the proofs doth assess the plaintiffs damage at the sum of five hundred and eighty seven dollars and fifty two cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid as assessed and also their costs herein expended and have execution therefor.
**Samuel Johnston Jr and Margaret Davis vs 158 Steam Boat Alonzo Child**
Complaint.
Now come the plaintiffs, by their attorney, but the defendants still makes default, and no Jury being required this cause is submitted to the Court for assessment of damages and the Court after hearing the proof doth assess the plaintiffs damages at the sum of one hundred and fifty six dollars and twenty cents. It is therefore considered by the Court that the plaintiffs recover of Stanley Ryland the principal, and Nicholas Springer the security in the bond given for the release of the defendant, the damages aforesaid as assessed and their costs herein expended and have execution therefor.
**James Porter and Edward C White vs 177 William Tyler**
On account.
Now come the plaintiffs, by their attorney, but the defendants still makes default, and no Jury being required the assessment of damages is submitted to the Court and the Court after hearing the evidence doth assess the plaintiffs damages a the sum of one hundred and ninety nine dollars and seventy five 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 thereof execution.
**George C Reed and Theodore Yates vs 654 Francis A Pelletier and John D Pellletier**
On note.
Now come the plaintiffs, by their attorney, but he defendants although duly called come not nor have they pleaded further herein, leaving this action undefended, wherefore on motion of the plaintiffs the petition herein is taken against said defendants as confessed; and the Court finds that the defendants are indebted to the plaintiffs in the sum of eleven hundred and ninety nine dollars and eighty one cents on account of the note on which this action is founded. It is therefore considered by the Court that the plaintiffs recover of thedefendants the debt aforesaid as found and their costs herein expended and have execution therefore and it is ordered that this judgment bear interest at ten Percent per annum from this date.
**Samuel Goulding etal vs 549 E G Tuttle etal garn.**
Motion for ne trial filed.
**Robts Armstrong etal vs 556 E G Tuttle garn.**
Motion for a new trial filed.
---
**Viewer Page 245** (rcdbook1859_29_0244.jpg)
> Handwritten Page Number on Record Book: 237
**Francis J Smith vs 2 The Steamboat Burnette**
Complaint.
Now comes the plaintiff, by his attorney, but the defendant still makes default and no Jury being required the Court form the proofs doth assess the plaintiffs damages at the sum of one hundred and twenty five dollars and ninety five cents. It is therefore considered by the Court that the plaintiff recover of Henry Buesmeyer the principal and Philipp Walther and Jno C Winter the securities in the bond given for the release of the defendant, the damages aforesaid in from aforesaid as assessed and also his costs herein expended and have execution therefor.
**Ann O Byrne vs 263 Martin O Byrnes**
Decree of Divorce.
Now comes the plaintiff, by her attorney, but he defendant, although duly called still makes default; and the Court proceeds to hear the proof and having duly heard and considered the same and being satisfied therefrom that the plaintiff is a person of good moral character and 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 nights and privileges of an unmarried person; and the Court being satisfied that the defendant from his habits and cause of life is an unsuitable person to have the custody and control of he infant children, George and Mary Ann, mentioned in the petition, who are of tender years, it is further ordered adjudge and decreed that the plaintiff have the care custody and control of the infant children aforesaid, and that the said defendant be restrained and enjoined from interfering with the plaintiff in that behalf; and it is also ordered that the said plaintiff pay the costs of this suit.
**William F Enders etal vs 610 Francis A Pelletier etal**
Default.
Now come the parties, by their respective attorneys, and the defendants withdraw their plea in abatement leaving this suit undefended, wherefore on motion of plaintiffs the petition herein is taken against said defendants as confessed.
**Charles I Gill etal vs 511 Francis A Pelletier etal**
Default.
Now come the parties, by their attorneys, and the defendants withdraw their plea in abatement leaving this suit undefended, wherefore on motion of plaintiffs, the petition herein is taken against said defendants as confessed.
**T L Clark etal vs A Titus**
Depositions for plaintiffs opened and filed.
**John B Valle etal vs M S Cerre**
Depositions for plaintiffs opened and filed.
**Elizabeth B Davis vs 568 Wm H Haggerty etal**
The motion for Security for costs is, after due consideration by the Court, sustained, Until the fourteenth is given plaintiff to file security.
**John H Smith vs 64 B Hysinger**
On motion a dedimus is awarded defendant to Illinois.
**Shuman J Bacon etal vs 815 Fredk M Colburn, Jno J Mauntel, Mauntel Bulte & Co etal garnishees.**
On motion of said Mauntel Bulte & Co, by attorney, it is ordered that they be discharged at plaintiffs costs and that execution issue therefor. The sum of ten dollars is allowed them for answering.
---
**Viewer Page 246** (rcdbook1859_29_0245.jpg)
> Handwritten Page Number on Record Book: 238
**John H Radford vs 84 Sarah Radford**
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 defendant although duly warned and called,comes not but makes default wherefore, on motion of plaintiff, it is ordered by the Court that the petition herein be taken against said defendant as confessed, Cause Continued.
**Shepherd and Spence vs 115 St Charles Western Plank Road Company**
By leave of Court first had and obtained, plaintiffs amend their petition herein by inter lining the words, thirty eighty (38), two, six hundred, seventy six, and figures (126 7618/100), and the words forty ninety four and eighty in specifying the amount of damages or compensation for excavating the indurated earth and gravel, in the place of the sums now claimed andinserted in the said petition; and this cause is continued.
**Lewis P James Constable of St Ferdin and Township St Louis County to the use of Victor Forest vs Samuel Frederick, Joseph H Garrett and Antoine Dchaitre**
Petition.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; J P White, Ja Roy, Louis Motier, Louis Patterson; Samuel Hale, Frank Von Phul, A B Williams, W Havis, M Higgins, A Caffarata, Leor Deno and James Kean, twelve good and lawful men who being duly elected trial and sworn the issues herein jointed well and truly to try the trial progresses and the plaintiff dismisses this suit as to the defendant Samuel Frederick, and the trial being finished the Jurors aforesaid upon their oaths aforesaid say they find for the defendants. It is therefore considered C 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 their costs and charges herein expended and have execution therefor.
**George Wambgaust vs Louis Steller**
Deposition for plaintiff opened and filed.
**Henry Townsley vs 751 Job S White**
amended answer filed.
Michael S Cerre, Esq, Sheriff of St Louis County having this day departed this life, and the Court being now thereof informed, and deeply regretting his death, it is therefore, Ordered that this Court do now, as a tribute of respect for the many verities and for the memory and the official capacity of the said deceased, adjourn until Monday morning next at ten o'clock.
---
**Viewer Page 247** (rcdbook1859_29_0246.jpg)
> Handwritten Page Number on Record Book: 239
Court met pursuant to adjournment. Present, Hon Samuel M Breckinridge, Judge, Stephen Rice, Clerk, and Charles L Boisliniere, Cornor, acting Sheriff of. St Louis County.
Stephen Rice appoints William A Pennington a deputy Clerk of the St Louis Circuit Court Which appointment is approved by the Court and the Pennington takes the oath required by law.
Stephen Rice, Clerk of this Court, appoints Waryn Montfort, a deputy of said Court, which appointment is approved by the Court and the said Montfort takes the oath required by law.
Stephen Rice Clerk appoints Robert Brent a deputy clerk of this Court, which appointment is approved by the Court, and the said Bent takes the oath prescribed by law.
Stephen Rice, Clerk, appoints John M Boyle a deputy Clerk of this Court, which appointment is approved by the Court, and the said Boyle takes the oath prescribed by law.
**William N Branson vs Robert Scott**
Order for Delivery.
The plaintiff files a petition and affidavit claiming the possession of certain personal property therein described; wherefore it is ordered that defendant deliver the property specified in said affidavit to the Coroner, acting Sheriff of St Louis County and said Coroner is hereby directed if said property be not delivered to him to take inform the defendant and deliver it to the plaintiff.
**David W Hill vs 71 Michael S Cerre**
Now comes the plaintiff and suggests to the Court that the said defendant has de parted this life since the commencement of this suit, which is not denied, and this cause is continued.
**Christopher W Spalding vs 370 Cha C Salomon**
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.
**Joseph Weil and Max Weil vs 520 Louis Muff**
On account.
Now comes the plaintiffs, by this attorney, but he defendant still makes default, and the plaintiffs submit the assessment of damages to the Court and the Court having duly heard and considered the proof doth assess the plaintiffs damages at the sum of three hundred and sixty two dollars and eighty five cents. It is there fore 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.
**James F Boyd vs 57 Henry Wilder**
On account.
Now comes the plaintiff, by his attorney, but the defendant still makes default, and the plaintiff submits the assessment of damages to the Court and the Court after due consideration of the evidence doth assess the plaintiffs damages at the sum of one hundred and fifty six dollars and seventy nine cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**L J Lipscomb vs 305 P H Lipscomb**
Continued.
**Abraham Ray vs 118 Ja H Morrison etal**
Abstract of issues filed.
**D Hastellere vs V S Jourdan**
Petition for Injunction filed.
---
**Viewer Page 248** (rcdbook1859_29_0247.jpg)
> Handwritten Page Number on Record Book: 240
**Isaac Walker vs 530 Martin Burke and James B Walsh**
On motion.
Now comes the plaintiff, by his attorney, but he defendant still makes default, and the plaintiff submits the assessment of damages to the Court and the Court, having duly heard and considered the proof, doth assess the plaintiffs damages at the sum of one hundred and twenty six dollar and forty eight cents. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid as assessed and his costs herein expended and have execution therefor.
**Peter Eversmann and Henry Wenke vs 597 Charles Marlow**
On account.
Now come the plaintiffs, by their attorney, but the defendant still makes default, and the plaintiffs submit the assessment of damages to the Court and the Court having duly heard and considered the evidence, doth assess the plaintiffs damages at the sum of five hundred and sixty four dollars and seventy eight cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid as assessed and also their costs herein expended and have execution therefor.
**Carlos S Greeley, Matthias Steitz and Augustus F Shapleigh vs 788 Adam Hammer and Dominic Urban**
On account.
Now come the plaintiffs, by their attorney, but the defendants, although duly called come not, and the plaintiffs submit the assessment of damages to the Court and the Court having duly heard and considered the evidence doth assess the plaintiffs damages at the sum of three hundred and eleven dollars. It is therefore considered by the Court the plaintiffs recover of the defendants the damages aforesaid as assessed and also their costs herein expended and have execution therefor.
**Benjamin J Adams et al vs 190 Henry Ames etal**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issues therefor: defendants waive all claim for damages arising out of this suit.
**Francis P Corby and Benjamin F Gossing vs 821 Edward Boyle garnishee of Miles G Moies**
Garnishment.
Now come the plaintiffs, by their attorney, but said garnishee still makes default, and the plaintiffs submit this cause to the Court and the Court having duly heard and considered the same doth find that said garnishee at the time he was summoned herein as such was indebted to said Miles G Moies in the sum of two hundred dollars. It is therefore considered by the Court that the plaintiffs recover of the said garnishee the debt aforesaid as found [and also their costs herein expended ?] and have execution therefor; and that out of said sum they pay the costs of this proceeding.
**John Renfrew and Alexander Crozier vs 400 Steam Boat Alonzo Child**
Complaint.
Now come the plaintiffs, by their attorney, but he defendant still makes default, and the plaintiffs submit the assessment of damages to the Court and the Court having duly heard and considered the proof doth assess the plaintiffs damages at the sum of one hundred and sixty two dollars and ninety cents. It is therefore considered by the Court that the plaintiffs recover of David De Haven, the principal, and Joseph Holland, the security given for the release of the defendant the damages aforesaid as assessed and also their costs herein expended and have execution therefor.
**Sarah Martin and Simeon M Runyan vs 168 Michael Gregg**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor.
---
**Viewer Page 249** (rcdbook1859_29_0248.jpg)
> Handwritten Page Number on Record Book: 241
**Robert Selfridge vs 200 Michael Gregg**
Dismissal.
On motion of plaintiff, by attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefor. Plaintiff, by leave of Court, withdraws the notes sued on.
**Robert Selfridge vs 601 Michael Gregg**
Dismissal.
On motion of plaintiff, by attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefor. Plaintiff, by leave of Court, withdraws the notes sued on.
**The Bank of the State of Missouri vs 185 William H Belcher etal**
On motion of plaintiff, by attorney, it is ordered that a pluries summons issue for WM H Belcher.
**Bank of State of Missouri vs 186 William H Belcher et al**
On motion of plaintiff, by attorney, it is ordered that a pluries summons issue for WM H Belcher.
**Bank of State of Missouri vs 192 William H Belcher etal**
On motion of plaintiff, by attorney, it is ordered that a pluries summons issue for William H Belcher.
**Bank of State of Missouri vs 193 William H Belcher etal**
On motion of plaintiff, by attorney, it is ordered that a pluries summons issue for William H Belcher.
**Bank of State of Missouri vs 194 William H Belcher etal**
On motion of plaintiff, by attorney, it is ordered that a pluries summons issue herein for William H Belcher.
**Charles D Colman vs 753 William W Farmer**
On account.
Now comes the plaintiff, by attorney, but the defendant still makes default, and the plaintiff submit the assessment of damages tot the Court, and the Court having heard and considered the evidence doth assess the plaintiffs damages at the sum of three hundred and forty nine dollars and eighty six cents. 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.
**John Cox vs 385 Anthony Cunningham**
Proof Publication.
The plaintiff, by attorney, assesses and files proof satisfactory to the Court that the order of publication made herein has been published according to law.
**William F Enders and John W Bigelow vs 570 Francis A Pelletier and John D Pelletier**
On motion and account.
Now come the plaintiffs, by their attorney, but the defendants still make default, and the plaintiffs submit the assessment of damages herein to the Court and the Court having duly heard and considered the proof, doth assess the plaintiffs damages at the sum of five hundred and twenty twodollar and forty four cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the damages aforesaid as assessed and also their costs herein expended and have execution therefor.
**James Campbell etal vs 502 Thos M Wolf etal**
Continued by order of Court at plaintiffs costs.
---
**Viewer Page 250** (rcdbook1859_29_0249.jpg)
> Handwritten Page Number on Record Book: 242
**Charles J Gill and George H Gill vs 511 Francis A Pelletier and John D Pelletier**
On account.
Now come the plaintiffs, by their attorney, but he defendants still make default, and the plaintiffs submit the assessment of damages herein to the Court and the Court having duly heard and considered the proof doth assess the plaintiffs damages at the sum of one hundred and seventy three dollars and eighty one cents. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid as assessed and also their costs in this behalf expended and have execution therefor.
**James Woods, William T Christy, Robert K Woods, William T Gentry, and Andrew Woods vs 640 George Couch, John L Chandler and Thomas J Hatton**
On account.
Now come the plaintiffs, by their attorney, but he defendants still make default, and the plaintiffs submit the assessment of damages herein to the Court and the Court, after hearing the proof, doth asses the plaintiffs damages at the sum of one hundred and twenty one dollars and forty seven cents. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid as assessed and also their costs in this behalf expended and have execution therefor.
**E Hastings and G Hastings vs 318 Henry S Parker, Noah M Ludlow and Francis M Ludlow**
Petition.
Now come the plaintiffs, by their attorney, and dismiss this suit as to Francis M Ludlow, but the other defendants, Noah M Ludlow and Henry S Parker, still make default, and the plaintiffs submit the assessment of there damages to the Court and the Court after hearing the proof dot asses the plaintiffs damages at the sum of one hundred and seventy seven dollar and eighty five 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 therefor.
**William B Gerring vs 467 William Brown**
Dismissal.
The plaintiff having failed to file security for costs herein within the time required [for ?] him so to do, therefore on motion of the defendant, by his attorney, it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Francis H Schroeder vs 77 Theodore Bredow**
Motion to strike out plea in abatement and for judgment filed.
**Zalmon Taylor etal vs 142 Morris D Myers**
Motion to suppress deposition filed.
**Morris D Myers vs 167 Zalmon Taylor etal**
Motion to suppress deposition filed.
**John Purvis vs 288 Eliza A Purvis**
Decree of Divorce.
Now comes the plaintiff, by his attorney, but he defendant still makes default, and the Court proceeds to hear the proof and having duly heard and considered the same and being satisfied there from that the plaintiff is a person of good moral character and an innocent and injured party, it doth order adjudge and decree that said plaintiff be absolutely and forever divorced from the bonds of matrimony by him contracted with said defendant and be restored to all the nights and privileges of an unmarried person; and it is also ordered that the plaintiff pay the costs of this suit.
---
**Viewer Page 251** (rcdbook1859_29_0250.jpg)
> Handwritten Page Number on Record Book: 243
Court met pursuant to adjournment. Present as before.
**John H Smith vs 64 B Hysinger.**
Deposition for defendant opened and filed. The defendant refilled the depositions which were withdraw for the purpose of amendment.
**John J Anderson etal vs 658 James A Lee**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor. The plaintiffs by leave of Court withdraw the note sued on and file a copy thereof.
**James T Scott vs 509 Jacob L Levinsky**
On motion of plaintiff, by attorney, it is ordered that an alias summons issue herein.
**Frederick A Vallette vs 257 Griffin P Therbald etal**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Robt N Martin vs 62 Wm Truesdale**
Continued by consent.
**Samuel L M Barlow vs 7 Jas Oglesby etal**
Continued by consent.
**John Manly vs 73 Henry Buesmeyer etal**
Continued.
**Chas N Lockwood vs 16 John Camp etal**
Continued.
**Lavenia Bellas vs 30 Hugh Bellas etal**
Continued.
**State use of Tillman etal vs 42 Henry L Patterson etal**
Continued.
**Christian Bermine vs 40 Anna M Bermine**
Continued by consent.
**James M Riley and Edward E Curtis vs 299 William Wible**
On account.
Now come the plaintiffs, by their attorney, but he defendant still makes default, and the plaintiffs waiving a Jury submit the assessment of damages herein to the Court and the Court having duly heard and considered the [proofs ?] doth assess the plaintiffs damages at the sum of one hundred and ninety five dollar and sixteen cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefor.
**Amedee A Mellier, James Richardson and William B English vs 47 J W Plummer**
On Judgment.
Now come the parties, by their respective attorneys, and agree that judgment may be rendered herein in favor of the plaintiffs for the sum of one cent, debt, and for the costs. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as agreed upon and also their herein expended and have thereof execution.
**Stephen Bush vs 63 Juliet Bush**
Dismissal.
On motion of the plaintiff, by attorney, it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor.
---
**Viewer Page 252** (rcdbook1859_29_0251.jpg)
> Handwritten Page Number on Record Book: 244
**William H Cole vs 69 Steam Boat Editor**
On account.
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 two hundred and nine dollars and costs. It is therefore conserved by the Court that the plaintiff recover of James P Saxton, the principal, and Solomon H Robbins, the security in the bond given for the release of the defendant, the damages aforesaid as agreed upon and also his costs herein expended and have execution therefor.
**The Bank of the State of Missouri vs 38 William Carson, Joseph B Holland R Saffarrans, J P Rule and E B Rule**
On Bill of Exchange.
Now 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 five hundred and forty three dollars and seventy two cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as agreed upon an its costs herein expended and have execution therefor.
**William B Watson vs 23 A A VanWormer etal**
Continue as on affidavit at defendants costs.
**Geo W White administrator vs 11 Charles H Avis**
Continue on affidavit at defendants costs.
**James P Watson vs 65 Thomas Pehan and John Pehan**
Now come the defendants, by their attorney, and the plaintiff having failed to reply to the defendants counter claim within the time required by law so to do, therefore on motion of the defendants, it is ordered by the Court that the said counter claim be taken against said plaintiff as confessed.
**Samuel Kirkman, and John W Luke, vs Thomas A Reese, William A Jones and David Reese**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the duly verified statement of the defendants confessing themselves indebted to the plaintiffs in the sum of thirty four hundred and ninety nine dollars and forty cents and authorizing the entering up of judgment against them in favor of the plaintiffs for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as confessed and also their costs herein expended and have execution therefor.
**Samuel Kirkman, and John W Luke, vs Thomas A Reese, and David Reese**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the duly verified statement of the defendants confessing themselves indebted to the plaintiffs in the sum of seven hundred dollars and authorizing the entering up of judgment against them in favor of the plaintiffs for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as confessed and also their costs herein expended and have execution therefor.
**Josiah Thornburgh vs 432 John W Darby and John H Tice**
On account.
Now comes the plaintiff, by his attorney, but the defendants still makes default, and the plaintiff submits the assessment of damage herein to the Court and the Court having duly heard and considered the proof doth asses the plaintiffs damages at the sum of one hundred and twelve dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid as assessed and also his costs herein expended and have execution therefor.
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**Viewer Page 253** (rcdbook1859_29_0252.jpg)
> Handwritten Page Number on Record Book: 245
**Silas Reed vs 1 George Scott**
On Plea in Abatement.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; Ferd Kuhne, S H Little, J R Dobyms, E C Brown, C J Davis, W W Heas, B Herman, T Y Birks, Julius Herter, Phil Klein, John O Maley and John Sharp, twelve good and lawful men who being duly elected tried and sworn the matters in controversy upon the plea in abatement herein well and truly to try the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the plaintiff. It is therefore considered by the Court that the defendant, at the date of the commencement of this suit, was a non resident of this State.
Peter Wegman, Esg, Marshall of St Louis County, in open Court acknowledge the execution of a deed by him as such Marshall in favor of Edward C Kehr for all the night, title, interest, claim, estate and property of Gabriel Georges of in and to the following described premises situated in the county of St Louis State of Missouri, to wit; a certain lot of ground with the improvements thereon lying in Foulard addition to the City of St Louis, beginning at t permit in the Southern [esse ?] of Park avenue the North East corner of Block 3 of said addition running thence Westwardly with the south line of said avenue seventy eights Feet, more or less, to a point forty Feet East of the north West corner of said Block thence running Southwardly and parallel to Rosatti street ninety five feet seven inches, more orless, to the north line of lot 5 of said Block Thence running Eastwardly with the Northern line of said lot seventy five feet to an alley; thence running Northwardly along the Western [esse ?] of said alley one hundred and sixteen feet and three and half inches to the place of beginning; Sold by virtue of an execution issued from the office of the Clerk of the St Louis Law Commissioners Court dated the Seventh day of October A D, 1859, in favor of Margaret George against Gabriel Georges.
**State use of Cha G Hempstead vs 738 Felix Coste etal**
Motion for judgment filed.
**John Brook vs 501 Geo T Brady etal**
Agreement filed.
Amended petition filed by consent off parties. Motion to strike out amended petition filed.
**Isaac T Greene vs 151 Wm H Smith etal**
Motion and affidavit to set aside judgment by default filed.
**Francis Kohr vs 83 St Bt Spread Eagle**
Motion for judgment on answer filed.
**Reuben Cleveland and John K Russell vs 85 James George**
On account.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; Sidney Smith. P Mitchell, A Miller, John A Frank, D W Graham, Jas Cortoise, J R Berg, John Runkle, J Davidson, Richard Walsh, David Ryan and E C Brown, 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 say they find for the defendant. It is therefore considered by the Court that the plaintiffs take nothing by their suit in this behalf but that the defendant do hence without day and recover of the plaintiffs his cost herein expended and have execution therefor.
**John G Milliman vs 646 Igratz Becker**
The defendants motion to set aside the default herein, being heard and fully considered by the Court, is overruled.
---
**Viewer Page 254** (rcdbook1859_29_0253.jpg)
> Handwritten Page Number on Record Book: 246
**Samuel Cupples etal vs 196 Perry Brown**
Motion to suppress depositions filed.
**Theron Barnum and Josiah Fogg vs 326 Benjamin W Grover**
On account.
Now come the plaintiffs, by their attorney, but the defendant still makes default, and the plaintiffs submit the assessment of damages herein to the Court and the Court after Leaning the proof doth assess the plaintiffs damages at the sum of seventy two dollars and ten cents. It is therefore consideredby the Court that the plaintiffs recover of the defendant the damages aforesaid inform aforesaid as assessed and also their costs herein expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
Lyman W Potter is admitted and enrolled as a member of this Bar.
**Adeline Goss etal vs James Cohick etal**
Report of Commissioners confirmed. Order of Sale.
Now come the plaintiffs, by their attorney, and, on their motion, and no cause being shown to the contrary, it is ordered by the Court that the report of the commissioners herein be confirmed; and it appearing to the Court that partition in kind of the real estate described in petition and judgment cannot be made without great prejudice to the owners thereof, it is therefore ordered that the Sheriff of St Louis County proceed to sell said real estate, at public auction, to the highest bidder, upon the following terms, to wit; one third of the purchase money to be paid in cash and the balance in two equal payments of one and two year with interest at the rate of six per cent per annum.
**William G Hill vs 909 William Hassinger**
Confession of Judgment.
Now comes the plaintiff, by his attorney, and files an affidavit, and also comes Albert N Sterling, me of the attorneys of this Court, and exhibits and files a warrant of attorney duly executed by the defendant, and by virtue of the power therein conferred, in the name and behalf of the defendant, waives the issue and service of process and acknowledges that the defendant is indebted to the plaintiff in the sum of two hundred and fifty five dollars and autheorizes the entering up of judgment in favor of plaintiff and against said defendant for that amount. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as confessed and also his costs herein expended and have execution therefor; and it is ordered by the Court that this judgment bear interest at ten per cent per annum form this date until paid.
**Luther C Clark etal vs 814 Carlos S Greeley, A J Shapleigh and Mathias Steitz, trustees of State Savings Association garnishees of James J Death et al**
Dismissal.
On motion of the said garnishees, by their attorney, it is ordered by the Court that they be discharged hence at plaintiffs costs and that execution issue therefor. The sum of ten dollars is allowed each of said garnishees for answering herein to be taxed as costs.
---
**Viewer Page 255** (rcdbook1859_29_0254.jpg)
> Handwritten Page Number on Record Book: 247
**State use of John Young vs 570 Theodore Hesselimeyer etal**
On motion of the defendants, by attorney, a dedimus is awarded them to the State of Ohio.
**Louis Rahlmann vs 170 Fred K Rahlmann**
On motion of plaintiff, by her attorney, a dedimus is awarded her to Illinois.
**Epenetus B Kellogg vs 48 John H Dargin**
The plaintiff files a motion to strike out the answer herein, and by leave of Court defendant amends his answer by adding thereto the name of his attorney, and this cause is continue at plaintiffs costs as on affidavit; and the motion to strike the answer is overruled.
**Francis Kohr vs 83 Steam Boat Spread Eagle**
Continued as on affidavit at defendant costs.
**John J Roe etal vs 55 The L Moore etal**
Continued on affidavit at defendants costs.
**John Kelley vs 50 John E Cook**
Petition.
Now come the parties, by their respective attorney, and also come a Jury, to wit; J Kuhn, S H Little, J R Dobyns, C J Davis, W N Keas, B Herman, J YBirks, Julius Herter, Phil Klein, John O'Malley, John Sharp and Sidney Smith, twelve good and lawful men who being duly elected trial and sworn the issues herein joined well and truly to try the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the plaintiff in the sum of one hundred and thirty dollars and twenty 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 P Watson vs 65 Thomas Pehan and John Pehan**
Replevin.
Now come the parties, by their respective attorneys, and on motion of plaintiff, it is ordered by the Court that the interlocutory judgment on the counter claim rendered herein on yesterday be set aside and vacated; thereupon come a Jury, towit; E C Brown, P Michell, A Miller, J a Frank, D W Graham, Js Cortoise, J R Berg, John Runkel, James Davidson, R Walsh, and David Ryan, [aleven ?] good and lawful men who being, by consent of parties, duly elected tried an sworn the issues herein joined well and truly to try the trial progresses but not being finished is laid over until to morrow.
**Hamilton Bell etal vs 87 William Dawson etal**
The plaintiffs motion for a new trial herein being heard and fully considered by the Court it is ordered that the said motion be overruled. During the present term of this Court is given the plaintiffs to file a bill of exceptions herein.
**Caroline Myers vs 272 Wm C Molloy et al**
Deposition for plaintiff opened and filed.
**Alonzo D Fassett etal vs 296 Thos [Richards ?]**
Motion to strike out plea in abatement filed.
---
**Viewer Page 256** (rcdbook1859_29_0255.jpg)
> Handwritten Page Number on Record Book: 248
Thomas C Courtenay, Esq, presents to the Court a Commission from His Excellency Robert M Stewart, Governor of the State of Missouri, whereby he is commissioned Sheriff of St Louis County to fill the vacancy occasioned by the death of Michael S Cure, late Sheriff of St Louis County, and Files his bond in the sum of fifty thousand dollars, conditioned according to law, with himself as principal, and John M Wimer, P A Lanham, William M Walton, Henry B Belt and B W Alexander, as securities, which bond is approved by the Court.
Thomas E Courtenay Sheriff appoints Jesse S Martin a deputy sheriff of St Louis County, which appointment is approved by the Court and the said martin takes the oath required by law.
Thomas E Courtenay Sheriff appoints James A Guion a deputy Sheriff of St Louis County, which appointment is approved by the Court and the said Guion takes the oath required by law.
Thomas E Courtenay Sheriff appoints Thomas M Bauon a deputy Sheriff of St Louis County, which appointment is approved by the Court and the said Barron takes the oath prescribed by law.
Thomas E Courtenay Sheriff appoints George N Stevens a deputy Sheriff of St Louis County, which appointment is approved by the Court and the said Stevens takes the oath prescribed by law.
Thomas E Courtenay Sheriff appoints John S Wilkins a deputy Sheriff of St Louis County, which appointment is approved by the Court and the said Wilkins takes the oath prescribed by law.
Thomas E Courtenay Sheriff appoints, Martin J Walsh a deputy Sheriff of St Louis County, which appointment is approved by the Court and the said Walsh takes the oath prescribed by law.
Thomas E Courtenay Sheriff appoints, Eugene Alcan a deputy Sheriff of St Louis County, which appointment is approved by the Court and the said Alcan takes the oath prescribed by law.
Thomas E Courtenay Sheriff appoints, John B Grady a deputy Sheriff of St Louis County, which appointment is approved by the Court and the said Grady takes the oath prescribed by law.
Thomas E Courtenay Sheriff appoints, Daniel R Grace a deputy Sheriff of St Louis County, which appointment is approved by the Court and the said Grace takes the oath prescribed by law.
---
**Viewer Page 257** (rcdbook1859_29_0256.jpg)
> Handwritten Page Number on Record Book: 249
Court met pursuant to adjournment. Present, Horn Samuel M Breckinridge, Judge, Stephen Rice, Clerk, and Thomas E Courtenay, Sheriff of St Louis County.
Thomas E Courtenay. Sheriff, appoints James Owens a deputy sheriff of St Louis County, which appointment is approved by the Court and the said Owens takes the oath prescribed by law.
**John W McCurdy etal vs 743 Robt E McCarthy**
Proof of partnership filed.
**State Savings Inst vs Stephen C Jett etal**
Certified claim filed.
**Albert S Regor vs 103 Michael S Cure etal**
Continued as on affidavit at defendants costs for absence of Chas Maurice a witness.
**Edwin C Sloan vs 96 Jacob Bensberg**
Dismissal.
On motion of the plaintiff, by his attorneys, It is ordered that this cause be dismissed at his costs and that execution issue therefor.
**Joseph E Elder etal vs 97 Jacob Bensberg**
Dismissal.
On motion of the plaintiff, by his attorneys, It is ordered that this cause be dismissed at his costs and that execution issue therefor.
**Thomas F Smith vs 531 James Pitcher**
On motion of plaintiff, by attorney, it is ordered that an alias summons issue herein. Cause continued.
**Sarah Wetherill etal vs 122 Francis a Papin.**
Continued.
**Thomas S Page vs 135 Albert Becker**
Continued generally by consent.
**Abraham Ray vs 118 James H Morrison etal**
Continued on affidavit of defendant Morrison at his costs.
**Justus Challar etal vs 63 John D Harty etal**
Dismissal.
On motion of the plaintiff, by his attorneys, It is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**John H Smith vs 64 R Hysinger**
Dismissal.
On motion and by consent off Parties, it is ordered by the Court that this cause be dismissed and that the plaintiff pay all costs not already paid and that execution issue therefore; the plaintiff by leave of Court withdraws the note sued on.
**Francis H Schroeder vs 77 Theodore Bredow**
The plaintiffs motion of strike out the plea in abatement herein being heard and fully considered by the Court, it is ordered that said motion be sustained and the said plea in abatement is accordingly stricken out; Leave is given the plaintiff to file an amended petition herein within ten days; and until the first day of the next turn of this Court is given the defendant to plead to the said action; and it is ordered by the Court that this cause be continued at the plaintiffs costs.
---
**Viewer Page 258** (rcdbook1859_29_0257.jpg)
> Handwritten Page Number on Record Book: 250
**Atreus J M [Creery ?], William H Brown and Richard H [Mckay ?] vs 87 Eugene Papin**
On notes.
Now come the parties, by their respective attorneys, and come a Jury, to wit; [Fredin ?] and Kuhne, S H Little, J R Dobyns, C J Davis, W W Keyes, Bernard Hermann, Thomas Y Birks, Julius Hertler, Philip Klein, John O Malley, John Sharp Sidney Smith, twelve good and lawful men who being duly elected trial and sworn the issues herein joined well and truly to try the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the defendant. It is therefore considered by the Court that the plaintiffs take nothing by their suite in this behalf but that the defendant go hence without day and recover of the plaintiffs his herein expended and have thereof execution.
**Henry Papin vs 169 Anton [Soheryon ?]**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissal at plaintiffs costs and that execution issue therefor.
**Zalmon Taylor etal vs 142 Morris D Meyers**
Continued on affidavit at plaintiffs costs.
**Morris D Myers vs 167 Zalmon Taylor etal**
Continued on affidavit at plaintiffs costs.
**United State Ins co vs 88 Wm P Davis etal**
Continued on affidavit at plaintiffs costs.
**James G Price vs 153 Bart G Leper etal**
Continued as on affidavit at plaintiffs costs fir absence of W W Tompkins and R J Powell. Witnesses.
**William H Waters vs 164 John C Bull**
Continued on affidavit at plaintiffs costs.
**Henry Lut vs 114 Geo Butter**
Continued.
**David Rokohl and James Kinkead vs Thomas Lowery**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the duly verified statement of the defendant confessing himself indebted to the plaintiffs in the sum of seven hundred dollars and fifty cents and authorizing the entering up of 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 debt aforesaid in form aforesaid as confessed and also their costs herein expended and have execution therefore, and it is ordered by the Court that this judgment bear interest at ten per cent annum from this date.
**John Reeves vs 459 William Fulton**
On note.
Now come the parties, 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 the issues herein joined in favor of the defendant. It is therefore considered by the Court that the plaintiff recover of the defendant that king 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.
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**Viewer Page 259** (rcdbook1859_29_0258.jpg)
> Handwritten Page Number on Record Book: 251
**Catherine M Cupp vs 43. William H Cupp**
Decree of Divorce.
Now come the parties, by their respective attorneys, and file an agreement herein and the plaintiff withdraws from the petition all allegations of a dultery come mitted by the defendant, and the Court proceeds to hear the proof and having duly heard and considered the same and being satisfied therefrom that the plaintiff is a person of good moral character and 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 nights and privileges of an unmarried person and that she have the care custody and control of the infant children George B Cupp, Kate H Cupp and Ann Cupp, free from molestation by the defendant; and in accordance with the aforesaid agreement the Court doth allow the plaintiff as alimony, the sum of fifteen hundred dollars per year, commencing on the first day of January, eighteen hundred and sixty, payable quarterly, for the support of said plaintiff and the children aforesaid; and it is also ordered that the defendant pay the costs of this suit and that execution issue therefor.
**Thomas G Mason, Harry Gray, and Milton Gray vs 139 Franklin H M Clung, Charles L Thompson and Charles J McChing**
Petition.
Now come the parties, by their attorneys, and the defendants Franklin H McChing and Charles J McChing, enter their appearance to this action and by leave of Court join in the answer filed herein, and the plaintiffs file an affidavit and more the Court for a continuance of this cause and the Court being fully advised in the premises doth overrule said motion; thereupon come a Jury, to wit; Ferdinand Kishne, S H Little, J R Dobyns, C J Davis, W W Keyes, Bernard Human, Thomas Y Birks, Julius Hertler, Philip Klein John O Malley, John Sharp and Sidney Smith, 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 say they find for the plaintiffs in the sum of one hundred and thirty six dollars and seventy five cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the damages aforesaid as assessed and also their costs herein expended and have execution therefor.
**John Kelly vs 50 John E Cook**
Motion for a new trial filed.
**State use of Gilsey vs 273 Edwd A Damon etal**
Abstract of issue filed.
**James P Watson vs 65 Thomas Pehan and John Pehan**
Mistrial.
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein, and the trial progresses and the defendants withdraw their counter claim herein and the trial being finished, the Jurors aforesaid, after due consideration of the premises, upon their oaths say they are unable to agree upon a verdict; wherefore it is ordered by the Court that the Jurors be discharged from the further consideration of this cause and that this cause be continued to the next term of this Court.
**State of Moexrel Wall vs 889 James Coff**
Agreed case filed.
**Wm C Holmes vs 109 A G Gauett**
Continued.
Thomas E Courtenay, Sheriff, appoints William W Wimer a deputy sheriff of St Louis County, which appointment is approved by the Court and the said Wimer takes the oath prescribed by law.
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**Viewer Page 260** (rcdbook1859_29_0259.jpg)
> Handwritten Page Number on Record Book: 252
Court met pursuant to adjournment. Present as before.
**McCann Schoonmaker etal vs Harty Bocarde etal**
Depositions for plaintiffs opened and filed.
James D Walton is, on motion, admitted and on rolled as a member of this bar.
**James Gorman vs 681 Samuel Gaty etal**
Dismissal.
On motion of the defendants, and the plaintiff having failed to file a bond for costs within the time allowed by the Court for him so to do, it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Henry Cormerais vs 126 Michael S Cerre**
Now comes the plaintiff, by his attorney, and suggests to the Court the death of the defendant since the commencement of this suit; which is not denied: cause continued.
**Harriet Hardaway vs 328 Chatfield Hardaway.**
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant still makes default and the Court proceeds to hear the proof herein and having duly heard and considered the same and being satisfied therefrom that the plaintiff is a person of good mural character and 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 nights and privileges of an unmarried person; and it is also ordered that the plaintiff pay the costs of this suit.
**William F Enders and John W Bigelow vs 501 Francis A Pelletier and John D Pelletier Charles J Gill and George H Gill vs 511 Francis A Pelletier and John D Pelletier**
Order to pay over money.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that James Castello late Sheriff of St Louis County pay to the plaintiffs in the above entitled causes the sum of five hundred and twenty dollars and forty nine cents being the balance of proceeds of sale of property attached after deducting expenses.
**George C Reed and Theodore Gates vs 654 Francis A Pelletier and John D Pelletier**
Order to pay over money.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that James Castello, late Sheriff of St Louis County, pay over to said plaintiffs the sum of seven hundred and thirty nine dollars and ninety three cents, being the balance of proceeds of sale of property attached after deducting expenses.
**Adeline Goss etal vs James Cohick etal**
On motion of the plaintiffs, by their attorney, it is ordered by the Court that the entry made in this cause on Wednesday, the eleventh instant, [confiming ?] the Commissioners Report and ordering the Sheriff to sell the property described in the petition and judgment, be set aside and vacated.
**Charles R Lamp vs 144 Nicholas Wall etal**
Now comes the plaintiff, by his attorney, and files an affidavit and moves the Count for a continuance of this cause and the Court after due consideration of the premises, doth overrule the said motion.
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**Viewer Page 261** (rcdbook1859_29_0260.jpg)
> Handwritten Page Number on Record Book: 253
**Charles Bratenahl etal vs 145 A R Grimes**
Depositions for plaintiffs delivered by notary and filed.
**John Carran etal vs Stephen C Jett etal**
On motion of plaintiffs, by attorney, it is ordered that an alias summons issue herein returnable to the next term of this Court.
**George Walton vs 171 Wm C Murphy**
Abstract of issues filed.
**Samuel Cupples etal vs 196 Perry Brown**
Abstract of issues filed.
**James E Crop, Mary Brown and Elizabeth Brown vs 216 Felix Reynolds**
Order of Sale.
Thomas E Courtenay, 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 great loss and expense before the probable termination of this suit; it is therefore ordered that the 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.
**Charles R Lamp vs 144 Nicholas Wall and John Shaw**
Non Suit.
Now comes the plaintiff, by his attorney, and says he will not further prosecute his suit in this behalf but voluntarily takes a non Suit. It is therefor 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.
**Adeline Goss, Matilda Goss, Frederick Goss, Mary Louisa Goss, and David Goss by their guardian Henry Goss, Elizabeth Hoke and her husband George W Hoke vs James Cohick and Emeline his wife, and Therese Latimer and her husband David Latimer**
Report of Commissioners confirmed.
Order of Sale. Now come the plaintiffs, by their attorney, and on their motion and no cause being shown to the contrary, it is ordered by the Court that the Report of the Commissioners here to fore filed herein be confirmed: and the Court being satisfied that the said Commissioners Report is just and correct and that partition in kind of the real estate described in the petition and judgment herein cannot be made without great prejudice to the owners thereof; It is therefore ordered by the Court that the Sheriff of St Louis County sell said real estate at public a action, to the highest bidder, upon the following terms, to wit; one third of the purchase money to be paid in cash and the balance in two equal payments of one and two years with interest at the rate of six percent per annum.
**Carl Schlosstein vs 416 Philippine Schlosstein**
Decree of Divorce.
Now comes the plaintiff, by his attorney, but the defendant still makes default and the Court proceeds to hear the proof herein and having duly heard and considered the same doth find that the plaintiff is a person of good moral character and an innocent and injured part. It is therefore ordered adjudged and decreed that the plaintiff be absolutely and forever divorced from the bonds of matrimony by him contracted with said defendant and be restored to all the nights and privileges of an unmarried person; and it is also ordered that the plaintiff pay the costs of this suit and that execution issue therefor.
Thomas E Courtenay, Sheriff, appoints Sylvester Chouteau a deputy sheriff of St Louis County which appointment is approved by the Court and the said Chouteau takes the oath prescribed by law.
---
**Viewer Page 262** (rcdbook1859_29_0261.jpg)
> Handwritten Page Number on Record Book: 254
**John A Thompson etal vs 147 Mayer Goldsoll**
Continued.
**Stephen Hoyt etal vs 843 Ira Todd garnishee**
On motion of defendant by attorney the Court allows the said garnishee the sum of ten dollars is allowed said garnishee for answering herein.
**Warren Currier vs 160 The Saint Louis Alton and Chicago Rail Road Company and Miles G Moies**
On note.
Now come the plaintiff and the defendant Saint Louis Alton and Chicago Rail Road Company by their attorneys, but the defendant Miles G Moies 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 said defendant as confessed; and no Jury being required this cause is submitted to the Court upon the pleadings and proofs and the Court, after due consideration thereof, doth find that the defendants are indebted to the plaintiff in the sum of seven hundred and sixty four dollars and thirty cents, on account of the instrument in writing on which this action is founded. 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.
**State use of D P Clay vs 210 Robt Causes etal**
Motion to strike out part of answer filed.
**State use of Wm A Bassett vs 211 Robt Causes etal**
Motion to strike out part of answer filed.
**Alfred M Farley and Eurotas W Barnes vs 120 Thomas S Bryant**
Replevin.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; F Kuhne, S H Little, P Michel, A Miller, J A Frank, D W Graham, Jas Cortois, F R Berg, John Runkle, James Davidson, Richd Walsh, and David Ryan, 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 say they find for the defendant.
**Charles Bratenahl and Lewis Bratenahl vs 145 A R Grimes**
On Plea in Abatement.
Now come the parties, by their respective attorneys, and also come a Jury to wit; E C Brown, C J Davis, W W Keays, B Herman, Thomas Y Birks, Julies Herter, John O Malley, John Sharp and Sidney Smith, nine good and lawful men, who being, by consent of parties, duly elected tried and sworn the matters in controversy upon the plea in abatement herein well and truly to try the trial progresses but not being finished further proceedings are laid over until Monday.
---
**Viewer Page 263** (rcdbook1859_29_0262.jpg)
> Handwritten Page Number on Record Book: 255
Court met pursuant to adjournment. Present as before.
Joseph W Stryker is admitted and enrolled as a member of this bar.
Joseph K Sumrall is admitted and enrolled as a member of this bar.
**Alfred M Farley etal vs 120 Thomas S Bryant**
Motion to set aside verdict filed.
**John L Ross vs 237 Horatio Clark**
Bill of Exceptions filed.
**Wm L Ewing etal vs 306 Louis Butterfield**
On motion of the plaintiffs, by their attorney, a dedimus is awarded them to Illinois.
**Robt R Levick vs 823. Geo Cooper garn of Thos Richards**
On motion of the garnishee, by his attorney twenty days are given him to file a reply to the denial of his answer.
**James D Leonard vs 406 John B Desmoulin**
On account.
Now comes the plaintiff, by his attorney, but the defendant still makes default, and no Jury being required this cause is submitted to the Court for assessment of damages and the Court, after hearing the proof doth assess the plaintiffs damages at the sum of one hundred and sixteen dollars and sixty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages as assessed and his costs herein expended and have execution therefor.
**Albert Schulher vs Thomas E Courtenay**
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 affidavit to the Corner of St Louise County and said Coroner is hereby directed if said property be not delivered to him to take it from the defendant and deliver it to the plaintiff.
**James S Mason and William I Caner vs 455. William A Nelson**
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 plaintiffs, the petition herein is taken against the defendant as confessed: and a Jury being waived this cause is submitted to the Court for assessment of damages, and the Court, after hearing the proof, doth assess the plaintiffs damages at the sum of one hundred and fifty dollars and sixty five 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.
**Roger C M Allister surviving partner of Thomas O Flaherty vs 361 Eugene Laveille and Richard M Henderson**
On account.
Now comes the plaintiff, by his attorney but the defendants, although duly called come not but still make default; and the plaintiff waiving a Jury submits the assessment of damages herein to the Court, and the Court having duly heard and considered the evidence, doth assess the plaintiffs damages at the sum of twenty three hundred and eight dollars and ninety three cents. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid as assessed and also his costs and charges in this behalf expended and have execution therefor.
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**Viewer Page 264** (rcdbook1859_29_0263.jpg)
> Handwritten Page Number on Record Book: 256
**John W McCurdy et al vs 743 Robert Emmet McCarthy**
Now comes the attorney for the plaintiffs, and files an affidavit and suggests to the Court the death of the plaintiff John W M Curdy since the commencement of this suit, and also comes Eliza McCurdy, administratrix of said John W McCurdy, by her attorney, and enters her appearance as a party plaintiff; and by leave of Court, first obtained, the plaintiffs file an amended petition herein: cause continued.
**Samuel S Douglass James B Gazzam and James E Breading vs 346 Michael Mullin and S H Woodson**
On account.
Now come the plaintiffs, by their attorneys, but the defendants still make default, and no Jury being required this cause is submitted to the Court for assessment of damages, and the Court, after hearing the proofs, doth assess the plaintiffs damages at the sum of three hundred and eighty two dollars and sixty six 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 therefor.
**State use of Jno Young vs 570 Theodore Hesselmeyer et al**
Continued as on affidavit of defendants; costs to abide result of suit.
Thomas E Courtenay, Sheriff, appoints Wilson, P Wells a deputy, sheriff of St Louis County, which appointment is approved by the Court and the said Wells takes the oath prescribed by law.
**John Duer et al vs 614 Philip Hess et al**
The plaintiffs file a bond for costs with Johnson and Tucker, as securities, which is approved, and the Court doth thereupon overruled the motion to dismiss this suit; and by leave of Court, the plaintiffs amend their petition by adding an affidavit thereto and also file the drafts suedon in this action.
**Benson G Connor vs 865 James B Goff garnishee of Benjamin H P Butler**
Changed of Venue.
The Judge of this court having been of counsel herein, it is ordered that this cause and all further proceedings herein together with a certified copy of the record entries herein be transferred to the St Louis Court of Common Pleas.
**Barbara Schnerr administratrix of Ernest Schnerr vs 214 Theodore P Greene**
The motion to reinstate this cause for trial being heard and fully considered by the Court is overruled.
**Caroline Myers vs 272 William C Malloy et al**
The motion to strike out the answer of William J Kilbben, guardian ad litem of H J Stephens being heard and fully considered by the court is overruled.
**The G Mason et al vs 189 Franklin H M Clung et al**
Motion for a new trial filed. Motion in arrest of judgment filed.
**John Reeves vs Wm Fulton**
Motion for a new trial filed.
Thomas E Courtenay, Sheriff, appoints J A Michel a deputy Sheriff of St Louis County, which appointment is approved by the Court, and the said Michel takes the oath prescribed by law.
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**Viewer Page 265** (rcdbook1859_29_0264.jpg)
> Handwritten Page Number on Record Book: 257
**William L Ewing et al vs 306 Louis Butterfield**
Depositions for defendant opened and filed.
**David Hostetter and George W Smith vs Victor S Jourdan**
Injunction.
Now come the parties, by their attorneys, and submit the plaintiffs bill for an injunction to the Court and the Court having duly heard and considered the same and being fully advised in the premises, doth order that said bill for an injunction be refused and the bill be dismissed at plaintiffs costs and that execution issue therefor. The plaintiffs file a motion to reinstate cause and grant injunction.
Court met pursuant to adjournment. Present as before.
**Mary Henessey vs 245 W Henessey**
Motion and affidavit to set aside default filed.
**Louisa Rahlmann vs 170 Fred K Rahlmann**
Depositions for plaintiff opened and filed.
**Cyprian Clamorgan vs 178 Sam Mordecai**
Continued.
**William H Vanderslicer vs Jno A M Elroy**
Motion and affidavit for a new trial.
**Wm J Norris vs 216 Jas Price et al**
Continued.
**William C Gelfort and Thomas Tiney vs John C Ivory and Thomas E Courtenay**
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 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 plaintiffs.
**Thomas Boylan and William P Gettys vs 20 Steam Boat Laclede**
On account.
Now come the plaintiffs, by their attorney, but the defendant, although called, still makes default, and the plaintiffs waiving a Jury submit the assessment of damages herein to the court, and the Court having duly heard and considered the proof doth assess the plaintiffs damages at the sum of one hundred and thirty five dollars and sixty six cents. It is therefore considered by the Court that the plaintiffs recover of the [margin ?] in the bond given for the release of the defendant, to wit; Spencer J Ball the principal and Josiah P Morten and R M Allister, the securities in said bond, the damages aforesaid in form aforesaid as asssessed and also their costs herein expended and have execution therefor.
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**Viewer Page 266** (rcdbook1859_29_0265.jpg)
> Handwritten Page Number on Record Book: 258
**Adam Jacobs et al vs 503 David L Latourette et al**
Depositions for plaintiffs opened and filed.
**Daniel T Wright et al vs 182 Henry [Fruienfeld ?] et al**
On motion of plaintiffs, by their attorney, it is ordered that an alias summons issue herein to Greene County for the defendant, Henry Fruienfeld, returnable to the next term: cause continued.
**State of Mo use of Chas Boswell vs 191 Isaac Rosenfeld Jr et al**
Continued by consent at defendant costs.
**State of Mo use of Alex Biddle vs 195 Isaac Rosenfeld Jr et al**
Continued by consent at defendant costs.
**Anthony Oberreither vs 180 Geo J Barnett et al**
Continued as on affidavit at plaintiffs costs.
**The Boylan et al vs 218 St B Michigan**
Continued.
**John Reeves vs 459 William Felton**
On motion of plaintiffs, by attorney, ten days are given him to file affidavits in support of motion for new trial.
**Geo Walton vs 171 William C Murphy**
Continued as on affidavit at defendants costs.
**Charles Bratenahl and Levis Bratenahl vs 145 A R Grimes**
On Plea in abatement.
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein, and the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the defendant. It is therefore considered by the Court that the defendant, at the Late of the commencement of this suit, was not about to remove his property or effects out of this state with the intent to defraud hinder and delay his creditors and that he was not about to remove out of this Gate with the intent to change his domicil: wherefore it is ordered by the court that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**John J Mudd et al vs 525 Geo Y Bast et al**
On motion of plaintiffs, by their attorney, it is ordered by the Court that an alias Summons issue herein for Geo Y Bast.
**Samuel Cupples and Thomas Marston vs 196 Perry Brown**
Replevin.
Now come the parties, by their respective attorneys, and consent and agree that judgment may be rendered in favor of the plaintiffs and against the defendant for possession of property and one cent damages and that the plaintiffs pay all the costs herein except costs of defendants depositions. It is therefore considered by the Court that the plaintiffs retain the possession of the personal property delivered to him by the Sheriff and that they recover of the defendant the damages aforesaid as agreed upon and have execution therefor; and that plaintiffs pay the costs of this suit except the costs of defendants depositions. The plaintiffs acknowledge to have received full and entire satisfaction of the above judgment.
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**Viewer Page 267** (rcdbook1859_29_0266.jpg)
> Handwritten Page Number on Record Book: 259
**Charles S Rannells vs Richard a Vinger et al**
On motion of the plaintiffs by his attorney, it is ordered that an alias summons issue herein.
**John G Milliman vs 646 Ignatz Becker**
Damages.
Now come the parties by their respective attorneys, and file an agreement and consent and agree that judgment may be rendered herein 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 damages aforesaid as agreed upon and also his costs herein expended and have execution therefor.
**The Bank of the State of Missouri vs 185. William H Belcher and Charles Belcher**
On note.
Now comes the plaintiff, by its attorney, and on its motion the order for the issuing of an alias summons herein be set aside; 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 doth find that the defendants are indebted to the plaintiff in the sum of three thousand six hundred and twenty four dollars and ninety five cents on account of the instrument in writing on which this action is founded. 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 Bank of the State of Missouri vs 186 William H Belcher and Charles Belcher**
On note.
Now come the plaintiff, by its attorney, and on its motion the order for the issuing of an alias summons herein be set aside and vacated; 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 doth find from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff the sum of three thousand and eight dollars and thirty one cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found also its costs herein expended and have execution therefor.
**Louis G Picot vs Wilson Guion and Thomas Leitensdorfer**
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 defendants 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 defendants and deliver it to the plaintiff.
**A M Fountain, James C M Pheeters and William W Pheeters vs 181 George W Manning**
Replevin.
Now come the parties, by their respective attorneys, and also come a Jury to wit; Albert Becker, Louis [Thibeau ?], Thomas Fox, J Russell, C B Tilden, P M Lockwood, J Mackoy, J Dunifant, Peter Wenger, N F Aymond, L Schlenker, and Charles L Kuhne, 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 say they find for the plaintiffs and assess their damages at the sum of forty five dollars. It is therefore considered by the Court that the plaintiffs retain the possession of the property of the property delivered to them by the Sheriff and that they recover of the defendant the damages aforesaid as assessed and their costs herein expended and have execution therefor.
**William F Enders et al vs 290 Thomas Richards**
Motion to strike out plea in abatement filed.
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**Viewer Page 268** (rcdbook1859_29_0267.jpg)
> Handwritten Page Number on Record Book: 260
**Samuel Willi vs 239 Horatio Clark et al**
On motion of the plaintiff, by his attorney, it is ordered that the continuance herein be set aside and this suit be dismissed as to the defendant, a Johnson; and it is also ordered that this cause be set for trial at the foot of the docket.
**Frederick Stump vs 230 Theodore A Thomas**
The defendant withdraws his demurer herein and leave of Court files an answer.
**Alexander Williams vs 236 Augustus H Evans**
Abstract of issues filed.
**William N White vs 199 Noble Kellogg**
Continued by consent at defendants costs.
Court met pursuant to adjournment. Present as before.
William H Stickney is admitted and enrolled as a member of this bar.
**Louise Rahlmann vs 170 Fred K Rahlmann**
Depositions for defendant opened and filed.
**Alex Williams vs 236 A H Evans**
Exhibit A filed by plaintiff.
**Louise Burgdorf vs 214 Wm Burgdorf**
Continued.
**Charles Bellows et al vs 62 Michael S Mepham et al**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at defendants costs and that execution issue therefor.
**Elizabeth B Davis vs 568 Wm H Haggerty et la**
Dismissal.
The plaintiff having failed to file a bond for costs herein within the time allowed here so to do, it is therefore, on motion of the defendants, by attorney, ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Silas Red vs George Scott**
On motion of the defendant, by his attorney, until the twenty third instant is given him to answer herein.
**John Duer Jr et la vs 614 Philip Hesse et al**
Answer of Gusav Pons filed.
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**Viewer Page 269** (rcdbook1859_29_0268.jpg)
> Handwritten Page Number on Record Book: 261
**Aaron A Fisher et al vs 353 Calvin H Frederick et al**
The demurrer of the defendant, Frederick, to the petition being heard and Fully considered by the Court is overruled.
**Jacob Louis [Heder ?] administrator vs 203 Charles Klausmann et al**
Dismissal.
By consent of parties, by their attorneys, it is ordered by the Court that this cause be dismissed at defendants costs and the execution issue therefore.
**Isaac Wickersham vs 284 Edwin N Whedon**
The demurrer to the petition herein being heard and fully considered by the Court is sustained.
**Charles J Norbury vs 365 John Holmes et al**
On motion of the plaintiff, by attorney, it is ordered that a dedimus issue to Illinois in his behalf. Continued by consent.
**West Richardson vs 414 James George**
On account.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; Otis West, A Fisher, C E King, John Griffith, F Ringling, Peter Sharkey, C Muller, N Covington, Patrick Haut, A L Roland, William H Finch, and F Suhr, twelve good and lawful men who being duly elected tried and sworn to enquire into and assess the plaintiffs damages the trial progresses and by leave of Court plaintiff amends his account by verifying the same by affidavit wherefore it is ordered by the Court that the interlocutory decree herein be aside and vacated; and on motion of the defendant leave is given him to file an answer and counter claim, which are accordingly filed, thereupon on motion of the plaintiff leave is given him to file an amended petition herein, and by consent of parties the Jurors, empanelled and sworn herein, are discharged from the further consideration of this cause; and this cause is continued until the next teem of this Court.
**The Hazard Powder Company vs 541 Patrick Long**
On account.
Now comes the plaintiff, by its attorney, but the defendant still makes default, and the plaintiff submits the assessment of damages herein to the Court and the Court, after heaving the proof, doth assess the plaintiffs damages at the sum of four hundred and two dollars and five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and also its costs herein expended and have execution therefore.
**William [Johnstone ?] vs 189 Charles Webb and Melvin L Gray**
On Bond.
Now come the parties, by their attorneys, and the Court, having duly heard and considered the demurrer to the petition, doth overrule the same and the defendants failing further to plead herein leaving this action undefended, therefore, on motion of the plaintiff, the petition herein is taken against the said defendants as confessed; and the plaintiff waiving a Jury submits the assessment of damages herein to the Court, and the Court having duly heard and considered the proof doth assess the plaintiffs damages at the sum of twelve hundred and forty six dollars and thirty three cents. it is therefore considered by the Court that the plaintiff recover of the defendants the sum of twenty five hundred dollars, the penalty of the bond sued on, and also his costs and charges in this behalf expended, and that he have execution against the defendants for the sum of twelve hundred and forty six dollars and thirty three cents, the damages aforesaid in form aforesaid as assessed.
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**Viewer Page 270** (rcdbook1859_29_0269.jpg)
> Handwritten Page Number on Record Book: 262
**John P Gould and John MacCracken vs 93 Gorge Trowbridge and John G Priest**
On bill of Exchange.
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 plaintiffs in the sum of twenty seven hundred dollars and thirty two cents: and the plaintiffs file an indemnity bond, conditioned according to law, in the sum of five thousand five hundred dollars, which is approved by the Court. It is therefore considered by the Court that the plaintiffs recover of the defendants the sum of twenty seven hundred dollars and thirty two cents, the debt aforesaid as found and also their costs and charges herein expended and have execution therefore.
**Percival Platt vs 10 William B ward**
The demurrer to the third amended petition herein being heard and fully considered by the Court, it is ordered that the said demurrer be and is hereby overruled.
**Citizens Bank of Steubenville vs 327 John B Carson**
amended answer filed by leave by Court.
**Isaac T Greene vs 107 W H Smith et al**
Counter affidavit of plaintiff filed.
**Cyprian Clamorgan vs 178 Samuel Mordecai**
Dismissal.
On motion and by consent of parties, it is ordered that the cause be dismissed at plain tiffs costs and that execution issue therefore. The plaintiff by leave of Court withdraws the note sued on.
Court met pursuant to adjournment. Present as before.
**Hiram Fate et al vs 231 Michael S Curve et al**
Now comes the attorney for the defendants and suggests to the Court the death of the defendant, Michael S Cure, since the commencement of this suit, which is not denied: and this cause is continued.
**Michael Larkin vs 275 Patrick M Cann**
The motion for security for costs herein being heard and fully considered by the Court it is ordered that the plaintiff file a bond for costs herein within ten days.
**Thomas Lynch vs 233 Joseph Farrell**
Continued as on affidavit at defendants costs for absence of [Hy ?] Hart, witness.
**Grace L Barnes vs 242 Henry M Barnes**
Motion for attachment filed.
**Hamilton Bell vs 87 W Dawson et al**
Bill of Exceptions filed.
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**Viewer Page 271** (rcdbook1859_29_0270.jpg)
> Handwritten Page Number on Record Book: 263
**Dexter B Britton, Walter W Webb and Shuman Paris vs 264 William O Wheeler and John N Boffinger**
On note.
Now come the plaintiffs, by their attorney, and dismissesthis suit as to the defendant, John N Boffinger, but the defendant William O Wheeler, although duly sum moned and called comes not but makes default, wherefore, on motion of the plaintiffs, it is ordered 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 five hundred and eighty three dollars and ten 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 execution therefor.
**John Wolff and John J Hoppe vs 256 Jacob S Child**
On note.
Now come the plaintiffs, by their attorney, but the defendant, 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 three hundred and ninety two dollars and forty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs herein expended and have execution therefore.
**The Pacific Insurance Company vs 202 John W Carroll and A W Nason**
On note.
Now comes the plaintiffs, by its attorney, and dismisses this suit as to the defendant Nason, but the defendant, Carroll, 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 plaintiff in the sum of two hundred and twenty six dollars and eight 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 its costs herein expended and have execution therefore.
**Samuel Willi vs 239 [Heratis ?] Clark**
Now comes the defendant, by his attorney and waiving science of process files his appearance and answer herein.
**State use of [Burhard Midas ?] vs 250 Simon Meyberg et al**
Continued as on affidavit at defendants costs for absence of J B Gray a witness.
**Victor F Wilson vs 222 Benj F Ball et al**
Continued by consent.
**Frederick Stumpf vs 230 Theodire A Thomas**
Continued by consent.
**Charles J [Norbury ?] vs John Holmes et al**
agreement filed.
**John Williams vs 259 John W Shoemaker**
Continued by consent.
**John L Rose vs 237 Horatio Clark**
Now comes the plaintiff, by his attorney, and files and affidavit, and on his motion, an appeal is allowed him to the Supreme Court from the decision herein rendered, and he thereupon files an appeal bond with Francis O Sawyer agent as principal, and James Smith and Nathaniel Holmes, as securities, which bond is approved by the Court.
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**Viewer Page 272** (rcdbook1859_29_0271.jpg)
> Handwritten Page Number on Record Book: 264
**John P Hunt and John Albert vs Benjamin Slater, Mason Johnson, John A Williams, Jasper M peery, and Francis J Smith**
On Bill of Exchange.
Now come the plaintiffs, by their attorney, and dismiss thissuit as to the defendants, Francis J Smith, John a Williams, and Jasper M Peery, but the defendants Benj Slater and Mason Johnson, although called come not; and the plaintiffs submit this cause to the Court, and the Court having duly heard and considered the same doth find that the defendants Salter and Johnson, are indebted to the plaintiffs in the sum of Seventeen hundred and thirty three dollars and sixty four cents. It is therefore considered by the Court that the plaintiffs recover of said defendants the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**Francis H Kenning and William Kenning vs 240 Patrick Keegan and Reiner [Bueter ?]**
On note.
Now come the plaintiffs and the defendant, Keegan, by their respective attorneys, but the defendant Reiner Bueter, 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 and the Court having duly heard and considered the same doth find the issues herein joined between plaintiffs and defendant, Keegan, in favor of the plaintiffs and doth also find that the defendants are indebted to the plaintiffs in the instrument in writing on which this action is founded. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefore: and it is ordered that this judgment bear interest at the rate of ten per cent per annum from this date until paid.
**James Long et al vs 472 Julia A Gordon et al**
Now comes the defendant, Phebe M Clintock, and waiving the service of process files her appearance and answer herein.
**James Cuddy vs 368 John S Thompson**
abstract of issues filed.
**Philip Kingsland vs 369 John S Thompson**
abstract of issues filed.
**Reiner Bueter vs 282 Patk Keegan**
answer to amended petition filed.
**John W Harris vs 049 David H Evan**
Reply to counterclaim filed.
**Charles Labarge vs 254 Peter Locke**
Petition.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; Louis Thibeaue, Thomas Fox, Isaiah Russell, Cha R Jilden, P M Lock wood, James M Coy, Joseph Dunnivant, peter Wenger, N F Aymond, L Schlenker Charles L Kuhne, and Otis West, 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 say they find for the plaintiff for the sum of Six hundred and fifty dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assesses by the Jury and also his costs and charges in this behalf expended and have execution therefore against the property attached and against all other property of the defendant.
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**Viewer Page 273** (rcdbook1859_29_0272.jpg)
> Handwritten Page Number on Record Book: 265
Court met pursuant to adjournment. Present as before.
Thomas E Courtenay, Sheriff, appoints Henry P Taylor a Deputy Sheriff of St Louis Country which appointment is approved by the Court and the said Taylor takes the oath prescribed by law.
**In the matter of the petition of Joseph Weppermann**
Order on Sheriff to execute and acknowledge deed. Now comes the said Joseph Wippermann and files his petition for an order on the Sheriff to execute and acknowledge deed to purchaser of real estate in lien of the late Sheriff, and submits the same to the Court, andthe Court, being satisfied that the purchase money for said real estate has bun paid to the Sheriff, doth order that Thomas E Courtenay, Sheriff of St Louis County, now in office, execute and acknowledge a deed to the said Joseph Wippermann,. reciting the facts, for a certainlot of ground being in Julia C [Soulard ?]['s ?] second addition to the City of St Louis, State of Missouri, being lot no 7 in Block 73 of said addition containing a front of 30 feet on the north side of Soulard sheet by a depth of 140 feet more or less to Market Lane or Market Square, sold under and by virtue of two executions, one issued from the office of the Clerk of the St Louis Court of Common Pleas being no 140 April term 1860, the other issued from the office of the clerk of the St Louis Circuit Court being no 258 returnable to the February term 1860.
**Hiram Fate and [Amso ?] page no 231 Michael S Cerre and Joshua W Owings**
Now come the plaintiffs and the defendant, Joshua W Owings, by their respective attorneys, and on motion of the plaintiff it is ordered that the continuance of this cause entered on yesterday be set aside and vacated; thereupon the plaintiffs dismiss this suit as to the defendant, Michael S Cerre: and this cause is continued as on affidavit at defendants for absence of Maurice a witness.
**Jeremiah Buckley and Mary Buckley vs 162 Peter B Garesche administrator of the estate of J M Bealey.**
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 sum doth 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 plaintiffs his costs and charges in this behalf expended and have execution therefore.
**Roger C M Allister vs 252 Ellsworth Miller and Frances Burk**
On Note.
Now come the plaintiff and defendant, Frances Burk, by their respective attorneys, but the defendant, Ellsworth Miller, 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 cloth find the issues herein between the plaintiff and defendant, Burk, in favor of said defendant; and the Court doth find tht the defendant, Miller, is indebted to the plaintiff in the sum of five hundred and thirty two dollars and fifty cents on account of the instrument of writing on which this action is founded. It is therefore considered by the Court that the plaintiff take nothing by his suit in this behalf against the defendant, Frances Burk, but that the said defendant go hence without day and recover of the plaintiff her costs herein expended and have execution therefor, and that the plaintiff recover of the defendant, Ellsworth Miller, the debt aforesaid in form aforesaid as found and also his costs in this behalf expended and have execution therefore.
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**Viewer Page 274** (rcdbook1859_29_0273.jpg)
> Handwritten Page Number on Record Book: 266
**Robert M Renick et al vs 656 Michael J Cure**
Now come the plaintiffs, by their attorney, and suggest and show to the satisfaction of the Court that the defendant has departed this life since the commencement of this suit; and this cause is continued.
**Simon Meyberg et al vs 802 Farmers Union Ins Co**
Deposition for plaintiffs opened and filed.
**John P Gould et al vs 93 George Trowbridge et al**
Motion for a new trial filed.
**W L Catherwood et al vs 239 Julius Bush**
Continued by consent.
**Academy of the Christian Brothers vs 395 Andri Martin**
Dismissal.
On motion of plaintiff, by attorney, it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Mary E Leonard vs Stephen Leonard and Seymour Voullaire**
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 defendants 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 defendants and deliver it to the plaintiff.
**Hamilton Bell et al vs 87 William Dawson et al**
Bill of costs paid by attorney for defendants filed.
**Daniel T Cleveland vs 291 Charlotte Lay**
Continued as on affidavit at defendants costs for absence of M W Manning a witness.
**William C Walker et al vs 251 Charles Curtis**
Continued on affidavit at defendants costs.
**Reiner Bueter vs 282 Patrick Keegan**
On note.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; A Fisher, Cha E King, John Griffith, J Ringling, Peter Sharkey, C Mullen, N Covington, a L Roland, William H Finch, J Suhr, S P Kerr, and William L Salisbury, twelve food and lawful men who being duly elected trial and sworn the issues herein joined well and truly to try the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the plaintiff and assess his damages at the sum of one hundred and four dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaidin form aforesaid as assessed and also his costs herein expended and have execution therefor.
**William B [Geving ?] vs 467 William Brown**
Motion to set aside dismissed and reins state cause filed.
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**Viewer Page 275** (rcdbook1859_29_0274.jpg)
> Handwritten Page Number on Record Book: 267
Court met pursuant to adjournment. Present as before.
**In the matter of the assignment of John O Mellen and John P Hawkins.**
Now come Emile Longuemare, assignee herein, and files an inventory; and the Court appoints Anthony Lonergan and William Fulton appraisers to appraise the property so inventoried, and the said appraises take and file he oath required by law.
**Clarence M Brooks vs 287 Samuel A Turner**
on account.
Now comes the plaintiff, by his attorneys, but the defendant, although 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 the issues herein joined in favor of the plaintiff and doth assess his damages sustained by reason of the premises in the petition mentioned at the sum of three hundred and thirty dollar and fifty cents. It is thesefoe 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.
**Jesse Wickersham vs 284 Edwin H Whedon**
Judgment on Demurrer.
The Demurrer to the Petition herein having been heretofore sustained, therefore, on motion of he defendant, by his attorney, it is considered by the Court that the plaintiff take nothing by his suit in this behalf but that the said defendant go hence without day and recover of the plaintiff his costs herein expended and have thereof execution.
**Abijah Whiting vs 384 Ira H Stout**
Continued by consent.
**Owen B Timon vs 392 Cha L Freeman**
Continued by consent.
**Andrew Wineland vs 391 William Bennett et al**
Now comes the attorney for the plaintiff and suggests and how to the satisfaction of the Court that the said plaintiff has departed this life since the commencementof this suit.
**Benjamin H Miles et al vs 295 St Bt Diurnal**
Continued by consent.
**Wm B Davis vs 396 Christian Freund**
Continued by consent.
**Enst C Angebrodt vs 189 Edward Dobbyns**
Petition for Rent.
Now come the parties, by their respective attorneys, and submit to the Court the motion to strike out the defendants answer and demurrer to the counter claim which motion and demurrer is, after due consideration by the Court, sustained; and the defendant failing further to plead herein, the petition, on motion of plaintiff, is taken against him for confessed; and the plaintiff waiving a Jury submits the cause to the Court for assessment of damages, and the Court having duly heard and considered the same, doth assess the plaintiffs damages at the sum of two hundred and sixty three dollars and twenty five cents. It is therefore considered by the Court that the plaintiff recover of the defendant damages aforesaid as assessed and also his costs herein expended and have execution therefor.
**William J Kountz et al vs 331 James Brannon et al**
Continued as on affidavit at defendants costs for absence of Wm Armstrong, a witness.
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**Viewer Page 276** (rcdbook1859_29_0275.jpg)
> Handwritten Page Number on Record Book: 268
**State of Missouri at the relation of Robert B Clark etal vs 424 Michael S Cerre et al**
Now come the plaintiffs and defendants, by their attorneys, and the plaintiffs suggest to the Court the death of Michael S Cerre, one of the defendants, since the commencement of this suit, and by consent of parties Chauvin V Le Beau, Executor of said Cerre, is substitutedin lien of said Cerre, and also comes said Chauvin V L Beau, Executor as aforesaid, by Thomas C Reynolds, his attorney and enter his appearance as a party defendant herein.
**State of Missouri at the relation of Samuel Brooks vs 429 Michael S Cerre et al**
Now come the plaintiff and the defendants, Lucas and Soulard, by their respective attorneys, and the plaintiff suggests to the Court the death of Michael S Cerre, one of the defendants herein, since the commencement of this suit; and same is not denied; and also comes Chauvin V L Beau, Executor of said Michael S Cerre, by Thomas c Reynolds, his attorney, and waiving issue and service of process, centers his appearance as a party defendant herein.
**Robert M Renick et al vs 656 Michael S Cerre**
Now comes Chauvin V L Beau Executor of Michael S Cerre, by thos C Reynolds, his attorney, and waives service of proves and cents his appearance as defendant herein.
**Cleander Mighells vs 139 Lorenzo D Jones**
Now comes Margaret J Mighells, administratrix of said Cleander Mighells, by her attorney, and enters her appearance as plaintiff herein.
**John Little vs 447 John M Dowell and William M Dowell**
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, William M Dowell, but the defendant, John M Dowell, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed; an 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 five hundred and eighty dollar and four cents. It is therefore considered by the Court the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Wood W McCamant vs 726 John M Kellop, David Wood and Francis W Tappan**
Order of Publication.
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 the plaintiff, by his attorney, it is ordered that the defendants be notified that a civil action has been commenced against them for the sum of two hundred and fifty dollars, on account of a balance due for service rendred and performed by the plaintiff for the defendants, and that their property has been attached and that unless they appear at the next September 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, eighteen hundred an sixty, and on or before the third day thereof answer to the action aforesaid, according t law, judgment will be rendered against them and their property sold to satisfy the same; and it is further ordered that a copy hereof be published, according to law, in the St Louis Evening Bulletin, a newspaper printed and published in the City of St Louis.
**John W Darby vs 399 Perry Cornell**
Continued by consent of parties at parties at plaintiffs costs.
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**Viewer Page 277** (rcdbook1859_29_0276.jpg)
> Handwritten Page Number on Record Book: 269
**Charles Labarge vs 204 Peter Locke**
Motion for a new trial filed.
**Jas Stewart vs 389 Geo Hartmann et al**
Motion for security for costs filed.
**E Birch assignee vs 794 Enno Sarider**
Depositions for plaintiff opened and filed.
**Francis J Smith vs 625 Alexander Kelsey**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**George Schuman vs 325 The Terre Haute Alton and St Louis Rail Road Company**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at the costs and that execution issue therefor.
Thomas E Courtenay, Esq., Sheriff of St Louis County, in open Court acknowledged the executtion of a deed be him as such Sheriff in favor of Joseph Wippermann for all night, title, interest, claim, estate and property of Francis A Perrier of in and to the following described real estate, to wit; a certain lot of ground being Julia C Soulards second addition the City of St Louis, State of Missouri, being lot No 7 in block No 73 of said addition, containing a front 30 feet on the North side of Soulard street b depth of 40 feet, more of less, to Market lane or Market square, it being the same lot which Frederick Rahlman, acquired of Henry Rather by deed dated 9th June, 1856, recorded in book 179 page 54 and conveyed to said Perrier by said Rahlman by deed recorded in Book205, page 515, darted august 30th 1858; Sold by authority of two executions one issued from the Office of the Clerk of the Circuit Court, returnable to the February Term, 1860, of said Court in favor of Joseph Gorla against Francis A Perrier; one form the office of the Clerk of the St Louis Court of Common Pleas, returnable to the April Term 1860 of said Court in favor of Joseph Wippermann against Francis a Perrier.
**Aaron A Fischer et al vs 353 Calvin H Fredericks et al**
The defendant, Calvin G Fredericks, files an answer herein.
**Louis Boelbert vs 255 The Franklin Savings Institution.**
Non Suit set aside.
Now come the parties, by their respective attorneys, and by their consent it is ordered that the entry of non suit be set aside and vacated and his cause continue to the next term of this Court.
**Samuel Jacoby vs James Coff**
Order for Delivery.
The plaintiff file a petition and affidavit 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 plaintiff.
**William L Ewing et al vs 306 Louis Butte field**
Depositions for plaintiffs opened and filed.
**Reiner Bueter vs 282 Patrick Keegan**
Motion for a new trial filed.
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**Viewer Page 278** (rcdbook1859_29_0277.jpg)
> Handwritten Page Number on Record Book: 270
**William F Enders and John W Bigelow vs 290 Thomas Richards**
On Plea in abatement Now come the parties by this attorneys and the Court after due consideration, doth overrule the motion to strike the plea herein and also come a Jury to wit; Louis Thibeaw, Thomas Fox, Russell, Charles B Tilden, Post Lockwood, James M Coy, Joseph Dunneivant, Peter Wenger, N J aymond, L Schlenker, Otis West and Charles E King, twelve good and lawful men who being duly elected trial and sworn the issue herein joined upon the plea in abatement well and truly to try the trial progresses but not being finished is laid over until Monday.
Court met pursuant to adjournment. Present as before.
**Otis West vs 816 John J Murdock and Charles K Dickson garnishee Of John Levin and John Corcoran**
Garnishment.
Now come the parties, by their respective attorneys, and the said garnishee file an answer herein and the plaintiff moves the Court for judgment thereon, and the Court finding form said answer that the said garnishees at the time they were summoned herein as such were indebted to the defendants Levin and Corcoran in the sum of one hundred and eighty dollars and sixty two cents, It is therefore considered by the Court that the plaintiff recover of the said garnishees the debt aforesaid as confessed and have execution therefor, and that of said sum be pay the costs of this proceeding: the Court allows the said garnishees the sum of ten dollars for answering herein to be taxed as costs.
**Louise Rahlmann vs 170 Frederick Rahlmann**
Decree of Divorce.
Now come the parties, by their respective attorneys, and the trial progresses and being finished and the Court being satisfied from the evidence that plaintiff is a person of good moral character and an innocent and injured party, It is therefore ordered adjudged and decreed 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; an the Court, being satisfied of the propriety thereof, doth grant the defendant leave to marry at any time after the rendition of this decree: and it is also ordered that defendant pay the costs of this suit and that execution issue therefor.
**Catherine A Norran vs 187 Lorenzo H Cordey, Lester Pattee and Harvey James**
Non Suit.
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 trial progresses but he plaintiff say she will not further prosecute her suit in this behalf but voluntarily takes a non suit with leave to more to set the same aside. It is therefore considered by the Court that the plaintiff take nothing by her suit in this behalf but that the defendants go have without day and recover of the said plaintiff their costs and charges herein expended and have execution therefor. Leave is given to more to set non suit aside.
**The City of St Louis vs 438 John C Smith et al**
The motion to set aside the judgment by default herein being heard and fully considered by the Court is overruled.
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**Viewer Page 279** (rcdbook1859_29_0278.jpg)
> Handwritten Page Number on Record Book: 271
**James J Hogg vs 395 John Kinnard Sr et al**
Motion for security for costs filed.
**Leicester Babcock vs 493 Jacob Fritschle et al**
Dismissal.
On motion of the plaintiff, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**Thomas S Smith vs 345 John Sigerson et al**
Now comes the defendant, William Sigerson, by A S Hart, his attorney, and waiving service of process enters his appearance to this action. Cause continued by consent of parties.
**Augustus M Dowell and John F Loughran vs 225 Steam Boat David Tatum**
Complaint.
Now come the parties, by their respective attorney, and 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 find the issues herein joined in favor of the defendant. It is therefore considered by the Court that the plaintiffs recover of the defendant 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.
**Thomas B Ellis and Henry B Ellis vs 277 Steam Boat David Tatum**
Complaint.
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 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 plaintiffs its costs herein expended and have execution therefor.
**Jacob Lache vs 360 Geo Mosbacher et al**
The motion for security for costs herein is overruled.
**William H Markham vs John R Richards**
Order for Delivery.
The plaintiff comes and files a petition and affidavit according to low; 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 delivered to the plaintiff.
**Julia Shaw vs Augustus H Evans**
Petition for Freedom.
Now comes the plaintiff, by her attorney, and files a petition for freedom, and the Court, being of opinion that the said petition contains sufficient matter to authorize the commencement of a suit, doth order that the said petitioner be allowed to sue as a poor person, and that she have reasonable liberty to attend her counsel and the Court as occasion may require, and that the be not removed out of the jurisdiction of this Court and be not subjected to any seventy on account of her application for freedom.
**Jesse Wickersham vs 284 Edwin H Whedon**
Plaintiff files a bill of exceptions herein.
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**Viewer Page 280** (rcdbook1859_29_0279.jpg)
> Handwritten Page Number on Record Book: 272
**Robert A Barnes vs 914 Brannock Jones**
Confession of Judgment.
Now comes the plaintiff, by his attorney, and also comes the defendant and files his statement duly verified by affidavit confessing himself indebted to the plaintiff in the sum of three hundred and seven dollars and fifty cents and authorizes the entering up of judgment 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 debt aforesaid as confessed and also his costs herein expended and have execution therefor; and it is ordered that this judgment bear interest at the rate of ten per cent per annum from this date until paid.
**Isham Shaw vs Augustus H Evans**
Petition for Freedom.
Now comes the plaintiff, by his attorney, and files a petition for freedom, and the Court being of opinion that the said petition contains sufficient matter to autheorize the commencement of a suit, doth order that the said petitioner 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 subjected to any severity on account of his application for freedom.
**Thomas H West vs 915 Thomas E Mason**
Confession of Judgment.
Now comes the plaintiff, by his attorney an also comes the defendant and files his duly verified statement confessing himself indebted to the plaintiff in the sum of three hundred and one dollars and fifty cents and authorizes the entering up of judgment 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 debt aforesaid as confessed and also his costs herein expended and have execution therefor: and it is ordered by the Court that this judgment bear interest at the rate often percent per annum from this date until paid.
**State of Missouri use of Charles S Hempstead vs 738 Felix [Coste ?] et al**
The plaintiff motion for judgment being heard and fully considered by the Court is overruled; the demurrer to the amended petition herein being heard and fully considered by the Court is overruled: Until the first day of the next term is given the defendants to answer herein.
**Robert R Levick vs 823 George Cooper garn.**
Reply to denial of garnishees answer filed.
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**Viewer Page 281** (rcdbook1859_29_0280.jpg)
> Handwritten Page Number on Record Book: 273
Court met pursuant to adjournment. Present as before.
**Luther C Clark et al vs 814 Carlos J Greeley, A F Shapleigh and Mathias Steitz trustees of State Savings Association garnishees of James F Death et al**
By consent of parties, by their attorneys, it is ordered by the Court that the order discharging said garnishees be set aside and vacated and this cause be reinstated.
**James Cuddy vs 368 John S Thompson**
Continued on affidavit at defendants costs.
**Wm L Ewing et al vs 306 Louis Butterfield**
Account filed.
**Philip Kingsland vs 369 John S Thompson**
Continued as on affidavit at defendant costs for absence of E M Young, a witness.
**Henry Townsley vs 751 Job S White**
On motion of the defendant, by his attorney, it is ordered that a commission issue to the State of Maryland to take depositions to be used on his behalf in the trial of this cause.
**Henry M Buckner et al vs Frederick A Schmucker and James B Kimball**
Remittitur.
Now come the plaintiff, by their attorney, and remit to the defendants the sum of one hundred and eighty two dollars and sixty four cents part and parcel of the judgment herein rendered. Therefore it is considered by the Court that the defendants be discharged from the payment of sum aforesaid as remitted: and the defendants motion to set aside the judgment and for a new trial herein being heard and fully considered by the Court is overruled.
**James F Small et al vs 133 Z Moore**
The plaintiff motion to set aside the non suit herein being heard and fully considered by the Court is overruled.
**William F Enders and John W Bigelow vs 290 Thomas Richards**
On Plea in abatement.
Now come again the parties, by their respective attorneys, and also the Jurors empanelled and sworn herein, and by consent of parties Louis [Thibeaw ?], one of the Jurors, is excused from further service, and the trial progresses with the remaining eleven Jurors and being finished the Jurors aforesaid upon their oaths aforesaid say they find the issue joined upon the plea in abatement in favor of the plaintiffs. It is therefore considered by the Court that the defendant, at the date of the commencement of this suit, had fraudulently conveyed or assigned his property or effects so as to hinder or delay his creditors.
**Matthew S Fife et al vs 636 Richard C Shackelford**
Petition for production of book filed.
**Silas Reed vs George Scott**
Motion to dismiss filed. Demurrer filed.
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**Viewer Page 282** (rcdbook1859_29_0281.jpg)
> Handwritten Page Number on Record Book: 274
Court met pursuant to adjournment. Present as before.
**Hamilton Bell & vs 27 William Dawson & c**
Now at this day come, the plaintiff, and file an affidavit and on their motion an appeal from the judgment herein is granted them to the Supreme Court, and thereupon said plaintiffs file an appeal bond which is approved by the Court.
**William F Enders and John W. Bigelon vs 290 Thomas Richards**
On note & account
Now at this day come the plaintiff, by their attorneys, but the defendant failing to file an answer herein make, default, wherefore it is considered that the petition of said plaintiff be taken against said defendant as confessed, and said plaintiff, not requiring a jury, this cause is submitted to the Court which being heard the Court doth assess the damage, of said plaintiff, sustained by reason of the premise on their petition at the sum of Three Hundred and twenty dollars, and fifty four cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid in form aforesaid as assessed and also their costs and charges herein expended and that execution issue therefor.
**Ann E Dillon admr vs 114 Barton Bates**
On motion of plaintiff by attorney it is ordered that a [plurie ?] summons issue return able to the next September Term of this Court.
**Caroline [Mzer ?] vs 272. William C. Molloz [& c ?]**
Defendant by attorney file a motion to make infant children parties to the suit which motion being heard the same is by the Court overruled.
**John G Lare vs 637 Joseph C Parks**
Petition.
Now comes the plaintiff, by his attorney, and also comes the defendant and file his stipulation whereby he consents and agrees that judgment may be rendered against him in favor of the plaintiff for the full amount claimed in the petition at the present term of this Court, as upon personal service, waiving all objections there to, and the Court doth, on motion of plaintiff, assess the plaintiff damages sustained by reason of the premises in the petition mentioned at the sum of thirteen hundred and eighty six dollars and thirty cents: and it appearing to the Court that the plaintiffs demands was filed on a lien against certain property situate in the County of St Louis, State of Missouri, described as follows to wit; a certain house and lot situate on the West side of North Eleventh street, between Wash and Carr Streets in the City of St Louis being the house situated on the West side of said Eleventh street, numbered one hundred and fifty six, and the lot upon which said house is situated having a front of twenty five feet on the West side of said Eleventh street and running through the same width to an alley on the West side thereof and the building being a two story brick dwelling house with a front hall therein, with a side alley leading to the back yard in the South side of the front building and said house being situate about one hundred feet North of Wash street and between Wash street and the Engine House on said Eleventh street and being the second house and lot South of said Engine House. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid as assessed and
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**Viewer Page 283** (rcdbook1859_29_0282.jpg)
> Handwritten Page Number on Record Book: 275
agreed upon and also his costs herein expended, and if no sufficient property of the defendant cannot be found to satisfy this judgment and costs then the residue thereof to beloved out of the property above described on which the demand was filed as a lien, and that execution issue therefor.
**Jacob Lache vs George Mossbacher et al**
Dismissal.
On motion of the plaintiff by his attorney, it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**William B Lent et al vs 588 William Baugh**
Notary certificate of costs of the defendant filed.
**The State of Missouri to the use of David P Clay vs 210 Robert Causse and James M Gardiner**
On Bond.
Now come the parties, by their respective attorneys, and the motion for security for costs herein being heard and fully considered by the Court is overruled and the parties having argued the motion to strike out parts of the answer herein, submit the same to the Court, and the motion to strike out part of the defendants answer being heard and fully considered by the Court is sustained; thereupon come a jury to wit; George M Phetridge, James Bray, J P Cassilley, Wilson Duty, William Scaeffer, Frederick Peters, R M Lane, Andrew Collins, J Rowen, P Helgenberg, L F Hastings, and Edward Haren, Sr., 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 say the 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 defendants go hence without day and recover of the plaintiff and of A M [Gardner ?] the security, their costs and charges herein expended and have execution therefor.
**The State of Missouri to the use of William a Bassett vs 211 Robert Causse et al**
Now come the parties, by their respective attorneys, and the defendants motion for security for costs herein being heard and fully considered by the Court is sustained and the plaintiff files a bond for costs herein with A M Gardner as security which bond is approved, and the motion to strike out part of the defendants answer being heard and fully considered by the Court is sustained.
**John o'Fallon vs Adam D Stewart**
Confession of Judgment.
Now comes the plaintiff, by his attorney, and also comes the defendant, in person, and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to the plaintiff in the sum of fifty three thousand seven hundred and fifty dollars and sixty cents and authorizes the entering up of judgment 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 debt aforesaid in form aforesaid as confessed and also his costs in this behalf expended and have execution therefore.
**John Christopher et al vs 303 William P Freeman et al**
Continued by consent at defendant costs.
**In the assignment of Masterson & Maginnis**
Inventory filed.
**James Stewart vs 389 George Hartmann et al**
Continued as on affidavit at defendants costs for absence of Thornton Grimsley a witness.
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**Viewer Page 284** (rcdbook1859_29_0283.jpg)
> Handwritten Page Number on Record Book: 276
**Thomas G Little vs 254 George Harvey et al**
Depositions for defendants opened and filed.
**Alonzo D Fassett et al vs 296 Thomas Richards**
Inter plea of Stanley M Breed filed by leave of Court. Exhibit A Filed.
**A McDowell et al vs 225 St Bt David Fatum**
Motion for a new trial filed.
**A A Fisher et al vs 353 C H Fredericks et al**
Continued by consent.
**Samuel Penberthy and William S Hawkin vs 307 John Stewart and William W Almand**
Replevin.
Now come the parties, by their respective attorneys, and also come a jury to wit, Henry Schuman, Patrick Fletcher, G W Clark, Lesley, Doggett, J K Philibert, J P Noies, Daniel Credon, G O Rourke, Jacob Weber, J C G [Hinerich ?], William J Powell and John Culbertson, twelve good and lawful men who being duly elected tried and sworn the issue herein joined well and truly to try the trial progresses but not being finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
**Joel W Norcross et al vs 178 Henry Hudson**
The plaintiffs motion for a new trial herein being heard and fully considered by the Court is overruled.
**Alonzo D Fassett and Edward D Crossman vs 296 Thomas Richards**
On Note.
Now come the parties, by their respective attorneys, and file a stipulation and the defendant withdraws his plea in abatement and the parties consent and agree that judgment may be rendered herein in favor of the plaintiffs and against the defendant for the sum of two hundred and nineteen dollars and eighty two 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 have execution therefor; and it is ordered that this judgment bear interest at the rate of ten per cent per annum from this date until paid: and David C Woods files his dissent from the agreement made herein by the parties, and the plaintiffs file a motion to strike but the inter plea herein
**West Richardson vs 414 James George**
Plaintiff files an amended petition herein and also files an Exhibit there with.
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**Viewer Page 285** (rcdbook1859_29_0284.jpg)
> Handwritten Page Number on Record Book: 277
**In the matter of the assignment of Rose A Masterson and James A Maginnis**
Now comes Edward A Meaney the assignee herein and files a prayer for the appointment of appraisers, and the Court, after due consideration thereof, doth appoint John T G Miller, Adolph Heineke and Samuel R Filley appraisers to appraise the property and effects inventioned herein.
**Thomas G Little vs 354 George Harvey et al**
Continued by consent.
**Samuel Penberthy and William S Hawken vs 307 John Stewart and William W Almand**
Replevin.
Now come the parties, by their respective attorneys, and also come the Jurors empanneled and sworn herein and the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the defendants and assess the value of the property taken at the sum of four hundred dollars and the damages for the taking and detention of the same at the sum of fifty dollars. It is therefore considered by the Court that the plaintiffs and John E D Couzins and John Hall, the securities in the replevin bond, return the property taken by the Sheriff, to wit; One engine boiler and furnace, one portable engine unfinished and drill machine and drills, [I screw ?] machine unfinished one black smith bellows, one wood hoisting wheel, lot old steel, three grind stones, two wood lathe frames, three wood benches, one small writing desk, fifteen letter presses unfinished, one fly wheel, three angers, lot shafts pulleys and belts, lot babbit mental on broken coal stove, three screw plates, one iron drill brace five pieces old shafting, lot wood engine patterns, letter press patterns, one circular saw, lot old gass pipe, lot wire, one piece sheet iron, lot paint cups, lot old iron, one sheet iron forge, one lot old chisels and drills, lot old steel and brass springs, piece old belt, lot iron brass (new) three tin signs, lot old spring steel and files, two prices cast iron, lot old brass, lot steam pipe (old) one screw cutting lathe, three black smiths hammers, one sledge, one barrel and contents one iron planning wheel; or pay the value as assessed by the jury, at the defendants, and also pay the damages as assessed and the costs of this suit, and that the defendants have execution therefore. Thereupon the defendants remit to the plaintiffs the sum of forty nine dollars and ninety nine cents part and parcel of the damages assessed by the jury; therefore it is considered by the Court that the plaintiffs be discharged from the payment of the sum this remitted: and the plaintiffs file a motion for a new trial and after filing the same file a motion in arrest.
**Samuel Willi vs 239 Horatio Clark**
On Note.
This cause being called for trial the plaintiff comes, by his counsel, and waiving a jury 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 three hundred and thirty three dollars and fifty 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 thereof execution.
**Hiram Fate et al vs 231 Joshua W Owings**
Defendants files a bill of exceptions herein.
**The State of Missouri to use of David P Clay vs 210 Robert Causse et al**
The plaintiff files a motion for a new trial herein.
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**Viewer Page 286** (rcdbook1859_29_0285.jpg)
> Handwritten Page Number on Record Book: 278
**William F Goodwin vs Miles G Moies**
Assignment of judgment filed.
**Wm H [Kneues ?] vs 308 E A [Kneues ?]**
Continued.
**Daniel T Cleveland vs 291 Charlotte Lay**
Depositions for plaintiff opened and filed.
**James Morton vs Cornelia Morton**
Depositions for plaintiff opened and filed.
**Alexander Williams vs 236 Augustus H Evans**
On Bill of Sale.
Now come the parties, by their respective attorneys, and also come a jury, to wit; George M Phetridge, James Bray, J P Cassilley, W Duty, William Schaeffer, Frederick Peters, R M Love, Andrew Collins, J Rowen, P Helgenberg, Edward Haren, Sr, and A J Noble, 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.
**James F Small Executor of Henry S Geyer deceased vs James L Geyer and Bernard M Lynch**
Order of Injunction.
Now come the parties, by their attorneys, and the plaintiff files a a petition for an injunction, and it is ordered by the Court that upon the plaintiff filing a bond in the sum of one thousand dollars, conditioned according to law, the said defendants, their servants agents and attorneys, be restrained and enjoined from removing out of the jurisdiction of this Court a certain mulatto slave named William until the hearing of the application of the plaintiff for an order of injunction and the further order of the Court in the premises. The plaintiff files a bond as above directed with James F Small as principal and W J Alkire as security which bond is approved by the Court.
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**Viewer Page 287** (rcdbook1859_29_0286.jpg)
> Handwritten Page Number on Record Book: 279
Court met pursuant to adjournment. Present as before.
**Zebulon F Wetzell et al vs 22 John Nevison**
Dismissal.
On motion of the plaintiffs by their attorney, it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**The State of Missouri at is sues to the use of William A Bassett vs 211 Robert Causse and James M Gardiner**
On Bond.
Now come the parties, by their respective attorneys, and consent and agree that this cause shall abide by the result and be governed by the judgment and decisions rendered in the case of the State of Missouri to the use of David P Clay against Robert Causse and James M Gardiner; and the Court proceeding to render judgment herein, doth consider 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 and charges herein expended and have execution therefor. The plaintiff files a motion for a new trial herein.
**Augustus W Louis vs 781 John F Hague**
Now comes the attorney for the plaintiff and suggests to the Court the death of said plaintiff since the commencement of this suit, which is not denied, thereupon come John F Darby administrator of said Augustus W Lewis, by his attorney, and enters his appearance as party plaintiff herein.
James Castello, late Sheriff of St Louis County, comes in open Court and acknowledges the execution of a deed by him as such sheriff in favor of Louis A Benoish for all the night, title, interest, claim, estate and property of Louis F Curtis of in and to the following described real estate, to wit, Lots 19 and 20 in Block one of P M Dillon's third addition the City of St Louis being in block 479 of said City beginning in the East line of Dillon street, 100 feet South from the South line of Hickory street, thence East parallel with Hickory street 127 ½ feet to an alley 15 feet wide; thence South with the West line of said alley 50 feet, thence West parallel with Hickory street 127 ½ feet to Dillon Street; thence North with the Eastern line of Dillon street 50 feet to the place of beginning: also lot in St Louis County, to wit; lot no 33 in Block No 10 of the East Union addition to the City of St Louis being 30 feet on Lucas street by 160 feet 9 inches in depth and bounded South by Lucas street, West by lot No 34 of said Block No 10, North by an alley, and East by lot No 32 in said Block vs 10 being one of the lots heretofore assigned and set apart to Catharine A Benoist: 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 against Louis F Curtis returnable to the October Term 1858 of said Court.
**James Morton vs Cornelia Morton**
Depositions for plaintiff opened and filed.
**Maria Sinel vs 358 Peter Wegman**
Continued.
**Zalmon Taylor et al vs Morris D Myers**
Depositions for plaintiffs opened and filed.
**Morris D Myers vs Zalmon Taylor et al**
Depositions for defendants opened and filed.
**Alfred M Farley vs 120 Thos S Bryant**
Motion for assessment of damages and value of property filed.
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**Viewer Page 288** (rcdbook1859_29_0287.jpg)
> Handwritten Page Number on Record Book: 280
**Joshua W Owings vs 347 Roberts S Eddy, James H Eddy, David W Hill and George B Michael**
On note.
Now come the parties, except, James H Eddy, by their respective attorneys, and the plaintiff dismisses this suit as to the said James H Eddy, and a jury being waived this cause is submitted 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 ten hundred and ninety two 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 their costs and charges herein expended and have execution therefor: and it is ordered that this judgment bear interest at the rate of ten pert cent per annum from this date until paid.
**Warren Currier vs Samuel B Lowe**
On award of arbitrator.
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 certain matters in controversy were submitted to James S Roberts, as arbitrator, who proceeded to hear and decide the matters in controversy, between the parties to this suit and awarded to the plaintiff the sum of nineteen hundred and six dollars and eighty five cents together with one half the arbitrators charges amounting to the sum of fifty dollars, that the same is still due and owing from defendant to plaintiff, and that the interest on said sum to this date makes the sum total twenty hundred and forty six dollars and twenty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum of twenty hundred and forty six dollars and twenty cents, the debt aforesaid, as found, and also his costs and charges in this behalf expended and have execution therefor. The defendant files a motion for a new trial.
**John W Hedenberg vs 411 Benjamin Mercardier et al**
Default as to Heggi and Vogel.
Now comes the plaintiff, by his attorney, but the defendants, Theophile Heggi and Edward Vogel, although duly summoned and called come not but make default, wherefore, on motion of the plaintiff, the petition herein is taken against the said defendants as confessed.
**Alexander Williams vs 236 Augustus H Evans**
On Bill of Sale.
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein, and the trial being finished the Jurors aforesaid upon their oaths aforesaid find the following verdict, to wit; Alexander Williams vs Augustus H Evans. We the jury in said case find for the plaintiff in the sum of nineteen hundred and fifty dollars with interest from the ninth day of June 1859. John P Casilly foreman. It is therefore considered by the Court that the plaintiff recover of the defendant the sum of twenty hundred and twenty three dollars and twelve cents the damages found by the jury and his costs herein expended and have execution therefor. The defendant files a motion for a new trial herein.
**Andrew Wineland vs 391 William Bennett et al**
Continued.
**Geo Cooper trustee of Geo Reading vs 319 Thos H M Vicker**
Continued.
**John Reeves vs 459 William Fulton**
The plaintiff and also William Reeves file separate affidavits in support of motion for new trial.
**Pacific Ins co. vs 349 Dewitt C Sanford et al**
Continued.
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**Henry Konig vs 380 John W Schoimaker**
Petition.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; Henry Schurman, L F Hastings, Patrick Fletcher, Lesley Doggett, J K Philibert, J P Noyes, Daniel Credon, Frederick Grapevine, Jaw M Weber B F Moore, Joseph o'Brien and Nicholas Irvig, 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 the following verdict, to wit; We the Jury find for the plaintiff in the sum of two hundred eighteen 05 dollars with interest #218,05/11 Patrick Fletcher Foreman. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**James F Small Executor of Henry S Geyer deceased vs Jane L Geyer and Bernard M Lynch**
Now come the parties, by their respective attorneys, and the defendants file a demurer to the petition which being seen heard and fully considered by the Court is overruled.
Court met pursuant to adjournment. Present as before.
**Henry S Geyer's Executor vs James L Geyer et al**
Defendants file an answer and a motion to dissolve injunction.
**Frederick Idecker vs Henry Hackmann, Rudolph Hackmann, Gottieb Schaefer and William Stenkel**
Assault.
Now comes the plaintiff, by his attorneys, and also come the attorney for the defendants and with draws his appearance as attorney herein, and the defendants although duly called come not; thereupon come a Jury, to wit; George M Phetridge, Wilson Duly, William Schaeffer, Frederick Peters, R M Lane, Andrew Collins, J Rowen, A J Noble, J P Noies, William J Powell, John Culbertson, and G O Rourke, 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 say they find for the plaintiff in the sum of fifteen hundred and fifty dollars damages. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**John J Roe et al vs 254 Thomas L Moore et al**
Defendants motion for a new trial herein being heard and fully considered by the Court is overruled.
**Simon Meyberg et al vs The Farmers Insurance Co**
Depositions for plaintiffs opened and filed.
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**Sunderland G Sears, Charles Whitmore and Elbridge Goddard vs 390 Isaac Greeg**
On Note.
Now come the parties, by their respective attorney, and submit the issue joined upon the plea in abatement to the court and the Court having duly heard considered the same doth find said issue in favor of the plaintiffs; and the defendant failing further to plead herein 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 hundred and seventeen dollars and seventy seven cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have thereof execution: and it is ordered by the Court that this judgment bear interest at the rate of ten per cent per annum from this date until paid.
**Henry Idecker vs 382 Henry Hackmann, Rudolph Hackmann, Gottlieb Schaefer and William Stenkel**
Assault.
Now come the plaintiff, by their attorneys, and the attorney for the defendants and withdraws his appearance herein as such thereupon the defendants being duly called come not; also come as Jury Henry Schurman, P Helgenberg, L F Hastings, Patrick Fletcher, Lesley Doggett, J K Phillibert, Daniel Credon, Frederick Grapevine, Jacob Weben, B J Moore, James o'Brien and N Owig, 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 Jury aforesaid upon their oaths aforesaid say they find for the plaintiff and assess his damages at the sum of five hundred dollars. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid as assessed and also his costs herein expended and have execution therefor.
**Frederick Idecker vs 379 Henry, Hackmann and Gottieb Schaefer**
Damages.
Now come the plaintiff, by his attorneys and also comes the attorney for the defendants and withdraws his appearance as such, but the defendants being duly called come not; and the plaintiff waiving a Jury submits this cause to the Court upon the pleadings and proofs and the Court having duly heard and considered the same doth find for the plaintiff and assess his damages at the sum of three hundred and twelve dollars. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid as assessed and also his costs herein expended and have execution therefor.
**In the matter of the assignment of John M Cooper and James Johnston**
Appointment of Appraisers.
Now come James M Gardiner and Richard M Scruggs the assignees herein, and file and inventory, and on their motion the Court appoints Isaac W Gibbons and William Adriance appraisers to appraise the property and effects so inventoried.
**Henry A Lyman, Jacob Stout and William D Dimock vs George C Reed and Theodore Yates**
On note.
Now come the plaintiffs, by their attorneys, but the defendants failing to answer herein 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 five hundred and ninety three dollars and sixty nine 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 their cost in the behalf expended and have execution therefor.
**Isaac J Greene vs 157 William H Smith et al**
Affidavit of Robert W Reay in support of motion for a new trial filed.
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**William F Enders et al vs 290 Thomas Richards**
Defendant files a motion to set aside verdict and for a new trial.
Court met pursuant to adjournment. Present as before.
**William Farrell administrator et al vs 43 James Brennan administratrix et al**
The defendants motion to set aside the judgment for costs herein being heard and fully considered by the Court is overruled: The plaintiff motion for a new trial being heard and fully considered by the Court is overruled.
**William H Barksdale and Barksdale Davidson vs 350 Nathaniel Childs Jr**
Petition.
Now come the parties, by their respective attorneys, and by consent, a Jury being waived, this cause is submitted to the court upon the pleadings and proofs and the Court having duly heard and considered the same doth find that the defendants is indebted to the plaintiffs in the sum of two hundred and eighty three dollars and ninety five cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs in this behalf expended and have execution therefor.
**Edward P Tesson vs 71 Michael Fallon**
Dismissal.
The parties file an agreement and by their consent this cause is dismissed at the defendants costs and it is ordered that execution issue therefor.
**Frederick W Hering vs 322 Cyrenius C Simmons, J Gabriel Woemer, James A Billings and James Coff**
Replevin.
Now come the defendants, by their attorney and also come the attorneys for the plaintiff and withdraw their appearance as such, but the plaintiff although duly called comes not wherefore, on motion of the defendants, 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 plaintiff their costs herein expended and have execution therefor; and the defendants waiving a Jury submit the assessment of the value of the property and the damages herein to the Court, and the Court after hearing the proof doth assess the value of the property at the sum of one hundred and twenty eight dollars and ninety four cents, and, the defendants consenting to take nominal damages, doth assess the damages for the taking and detention of said property at the sum of one cents. It is therefore considered by the Court that the plaintiff and Louis Hoke, Henry Kutz and John B Gross, the securities in the replevin bond herein, return the property taken, to wit; one grey horse, on one horse wagon, three kegs of nails and one bag of flour on pay the value as assessed at the election of the defendants, and also pay the damages assessed and the cost of this suit and that execution issue therefor.
**M Coun Schoonmaker et al vs Harty Bocarde et al**
Deposition for plaintiffs opened and filed.
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**Edward Maddock vs 343 Elson J Wright**
Depositions for defendant opened and filed.
**Silas Reed vs 1 George Scott**
The plaintiff, by leave of Court, files and amended petition and an exhibit there with.
**Amos Rees and Richard R Rees vs 332 Mary R Dupeane**
Petition.
Now come the plaintiffs, by their attorney, but the defendant, although called comes not; and the plaintiffs waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court, after consideration thereof, doth find for the plaintiffs and assess their damages at the sum of one hundred and fifty four dollars and fifty three cents. It is therefore considered by the court that the plaintiffs recover of the defendant the damages aforesaid as assessed and also their costs herein expended and have execution therefor.
**The commercial Insurance Company vs 769 Richard F Sass**
Dismissal.
On motion of the plaintiff, by attorney, it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Francis H Kenning et al vs 240 Patrick Keegan and Reiner Bueter**
Satisfaction.
The plaintiffs, by their attorney, acknowledge to have received full and entire satisfaction of the judgment rendered herein. By leave of Court the defendants withdraw the note suedon.
**Robert H Hodgson et al vs 91 W L F Gage et al**
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor.
**Charles Bobb vs 246 Kenneth Mackenzie et al**
Dismissal.
On motion of plaintiff, by his attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefor. By leave of Court plaintiff withdraws the note suedon.
**David Hostetter and George W Smith vs Victor S Jourdan**
Now come the parties, by their respective attorneys, and the motion to reinstate this cause being heard and fully considered by the Court is overruled. The plaintiffs file a bill of exceptions herein.
**Joshua W Owings vs 347 Robt S Eddy et al**
Motion for a new trial filed.
**Zalmon Taylor et al vs Morris D Myers**
Depositions for plaintiffs opened and filed.
**In the matter of the assignment of Cooper and Johnston**
Appraisement filed.
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Court met pursuant to adjournment. Present as before.
Michael Concannon is admitted and enrolled as a member of this bar.
**Robert S Armstrong et al vs 556 Elijah G Tuttle and Harvey W Smith garnishee of William Renth**
The separate motions of said garnishee for a new trial being heard and fully considered by the Court are overruled.
**Samuel Goulding et al vs 549 Elijah G Tuttle and Harvey W Smith garnishees of William Renth**
The separate motions of said garnishees for a new trial herein being heard and fully considered by the Court are overruled.
**John Kelly vs 50 John E Cook**
The motion for a new trial herein being heard and fully considered by the Court is sustained and the judgment herein rendered set aside and vacated. The defendant files an offer of judgment herein.
**John P Gould et al vs 93 George Trowbridge et al**
The defendants motion for a new trial herein being heard and fully considered by the Court is overruled.
**Augustus McDowell et al vs 225 Steam Boat David Tatum**
The plaintiffs motion for a new trial herein being heard and fully considered by the Court is overruled.
**John W Hedenberg vs 411 Benjamin Mercardier, Philibert Barioz, George Bauer, William Bira, Gaspard Blaise, Jean Louis Bierre, Julius Cledes, Alexander Droussent, Jule Fagris, Pierre Favercau, Paul Garnier, Theophile Heggie, Charles Mesnier, Rornard Denis, Jean Baptiste, Roy, Noel Salarnier, Edward Vogel**
Order for production of looks and papers.
Now at this date comes the plaintiff, by Glover and Richardson, his attorneys, and also come the defendant Benjamin Mercardier, Philibert Barioz, George Bauer, William Bira, Gaspard Blaise, Jean L Brienne, Julius Cledes, Alexander Droussent, Jules Fagres, Pierre Favereau, Paul Garnier, Renard Denis, and Paul Salarnier, by Voullaire and Faure, their attorneys and the plaintiff files and presents to the Court his petition praying that the defendants shall produce certain books or papers containing the proceedings of the committee of gerance and of the general assembly of the Icarien Community; and after due consideration thereof, It is now here ordered by the court that the said defendants shall produce to the plaintiff, or his attorneys, all books and papers containing proceedings of the committee of gerance or proceedings of the general assembly of the said Icarien Community, at the office of Vollaire and Faure in the City of St Louis on Thursday next, February, second, eighteen hundred and sixty, by ten o'clock A M, for examination by plaintiffs attorneys, and also to produce the same on the trial of this cause or that they show cause why they shall not produce such books and papers.
**James Stewart vs 389 George Hartmann et al**
The motion of the defendants for security for costs herein being heard and fully considered by the Court it is ordered that the plaintiff file a good and sufficient bond for costs herein on or before the first day of the next term of this Court.
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**The State of Missouri to the use of David P Clay vs 210 Robert Causse et al**
The plaintiff motion for a new trial being heard and fully considered by the Court is sustained and the judgment herein set aside and vacated.
**The State of Missouri to the use of William A Bassett vs 211 Robert Causse et al**
The plaintiff motion for a new trial being heard and fully considered by the Court is sustained and the judgment herein set aside and vacated.
**In the matter of the petition of Calvin F Burnes**
Order on Sheriff to execute and acknowledge deed. Now comes the said Calvin F Burnes and files a petition for an order on the Sheriff toe execute and acknowledge a deed for certain property therein mentioned, and the Court being satisfied that the purchase money for said property has been paid doth order that Thomas E Courtenay, the present sheriff of St Louis County, executed and acknowledge a deed to the said Calvin F Burnes, reciting the facts, for the following described property to wit; the North half of the north west quarter of Section Eleven of township No forty four of Range Now five East Of the fifth principal meridian containing Eighty acres Situated in the County of St Louis State of Missouri; and by Michael S Cerre, late Sheriff of St Louis County, under and by virtue of an execution issued from the office of the Clerk of the St Louis Court in the case of Robert H Smith against Thomas Seaverson.
**James J Hogg vs 395 John Kinnard Sr et al**
The motion for security for costs being heard and fully considered by the Court is overruled.
**William B Geving vs 467 William Brown**
The motion to set aside the dismissal herein being heard and fully considered by the Court is sustained and said dismissal set aside. The plaintiff files an additional bond for costs which is approved.
**Derrick A January et al vs 599 D Robt Barclay et al**
Defendant Barclay by leave of Court files are amended answer.
**Alonzo D Fassett et al vs 296 Thomas Richards**
The motion to strike out he interplea of Stanley M Breed being hear and fully considered by the Court is sustained, and said interplea is accordingly stricken out.
**Sunderland G Sears et al vs 390 Isaac gregg**
Now come the plaintiffs, by their attorney, and file a release of the sureties on the bond given by the defendant for the return of the property attached, waiving all claim for damages under said bond.
**Waver Currier vs 276 Samuel B Lowe**
The defendants motion for a new trial herein being heard and fully considered by the Court is overruled.
**State use of Jno Young vs 570 Theodore Hesselmeyer et al**
Depositions for defendants opened and filed.
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**Adolph F Meyer vs 240 Horatio Clark and Andrew Johnson**
On notes and Due Bill.
Now comes the plaintiff, by this attorney, and on his motion the order of continuance is set aside and vacated, and the plaintiff dismisses their suit as to the defendant, Johnson, and files the statement of the defendant, Horatio Clark, duly verified by affidavit whereby the said defendant confesses himself indebted to the plaintiff in the sum of two hundred and twenty nine dollars and sixty two cents and authorizes the entering up of judgment 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 debt aforesaid in form aforesaid as confessed and also his costs herein expended and have execution therefor.
**In the matter of the assignment of Julius Glade**
Now comes John Haetmann, assignee, and files an inventory and on his motion the Court appoints Albert Albertson, L R Wohlien and Lafayette M Sleeth, appraisers to appraise the property and effects so inventoried.
**W D Marshall et al vs J Cuddy et al**
Depositions for plaintiffs opened and filed.
**Mary Henessey vs 245 William Hennessey**
The motion of the defendant to set aside the default herein being heard and fully considered by the court, it is ordered that the said motion be sustained and the default set aside upon the payment by said defendant of all costs accrued herein to this date. Until and including the first day of the next term of this Court is given the defendant to answer.
Court met pursuant to adjournment. Present as before.
**William H Vanderslicer vs 327 John A McElroy**
The defendants motion for a new trial herein being heard and fully considered by the Court is overruled.
**Citizens Bank of Steubenville vs 327 John B Carson**
On Bill of Exchange.
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 twelve hundred and sixty five dollars and sixty one cents on account of the instrument of writing on which this action is founded. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid inform aforesaid as found and also it costs and charges herein expended and have execution therefor.
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**Willam L Ewing, Albert G Edwards, Nathan Cole, Philip W Heermans, Clinton Briggs and Thomas Heermans vs 306 Louis Butterfield**
On account.
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 plaintiffs in the sum of eight hundred and three dollars and forty two cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs and charges herein expended and have execution therefor.
**William L Ewing, Albert G Edwards, Nathan Cole, Philip W Heermans, Clinton Briggs and Thomas Heermans vs 826 Daniel T Wright and Turner Maddox garnishee of Louis Butterfield**
Garnishment.
Now come the plaintiffs, by their attorney, and moves the Court for judgment on the answer of said garnishees, and the Court finding from said answer that the said garnishees are indebted to the defendant, Louis Butterfield, in the sum of seventy three dollars and seventy five cents, therefore it is considered by the Court that the plaintiffs recover of the said garnishees the debt aforesaid as found and have execution therefor; and that out of said sum the plaintiffs pay the costs of this proceeding. The sum of ten dollars is allowed said garnishees for answering to be taxed as costs.
**William L Ewing et al vs 826 Theron Barnum garnishee of Louis Butterfield.**
Default.
Now come the plaintiffs, by their attorney, but he said garnishee although duly summoned and called comes not but makes default, wherefore on motion of plaintiffs, it is ordered by the Court that the interrogatories herein be taken against said garnishee as confessed.
**Reiner Bucter vs 282 Patrick Keegan**
The defendants motion for a new trial being heard and fully considered by the Court is overruled.
**Melvin L Gray Trustee vs 391 Albert Albertson**
This cause and the motion for judgment are continued.
**Alfred M Farley and Eurotus W Barnes vs 120 Thomas S Bryant**
The motion in this cause for the assessment of damages and the value of the property being called the parties come, by their attorneys, and the defendant announces himself ready, but the plaintiffs demanding a Jury and the panel of the Jury summoned for the term having been discharged and the Court deciding that the plaintiffs are entitled to a Jury for the assessment, the motion of said assessment is continued to the next term of this Court by consent of the parties.
**John H Schenek et al vs 33 Charles S Lynch et al**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor.
**William Wade et al vs 78 Joseph B Holland**
The plaintiffs motion for a new trial being heard and fully considered by the Court it is ordered by the Court that the said motion be and the same is hereby overruled.
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**Stephen Price et al vs 42 David T Wheiler et al**
The Motion for a new trial herein being heard and fully considered by the Court is overruled; and the motion in arrest of judgment being heard and fully considered by the Court is overruled.
**Richard F Sass et al vs 274 William M McPherson**
The demurrer to the petition being heard and fully considered by the Court is overruled: The defendants motion for a bill of particular being heard and fully considered by the Court is sustained.
**Thomas G Mason et al vs 139 Franklin H M Clung et al**
The motion in arrest of judgment being heard and fully considered by the Court is overruled; and the motion of a new trial herein being heard and fully considered by the Court it is ordered that the judgment herein be set aside and a new trial had in this cause.
**William F Enders et al vs 290 Thomas Richards**
The motion for a new trial herein upon the plea in abatement being heard and fully considered by the Court is overruled.
**In the matter of the assignment of Masterson and Maginnis**
Appraisement filed. Assignees bond filed and approved.
Court met pursuant to adjournment. Present as before.
Thomas E Courtenay, Esq, Sheriff of St Louis County, acknowledges the execution of a deed by him as such Sheriff in favor of Calvin F Burnes for all the right, title, interest, claim estate and property of Thomas Seaverson of in and to the following described property, to wit; all that certain tractor parcel of land lying and being in Saint Louis County and Stare if Missouri and being the Norte half of the North west quarter of section Eleven, township forty four, North of Range five East of fifty principal meridian, the said tract containing eighty acres being the same purchased by Thomas Seaverson and conveyed to him by Benoni Seaverson and wife by deed dated July 21st 1842, and recorded in the Recorders Office of said St Louis County in book X No 2 page 149; Sold under and by virtue of an execution issued from the Office of he Clerk of the St Louis Circuit Court in favor of Robert H Smith against Thomas Seaverson returnable to the February Term, 1860, of said Court.
**The Independence Mining Company vs 48 Albert C Koch**
The defendants motion for a new trial being heard and fully considered by the Court is overruled.
**Elijah G Tuttle vs 286 John Brooks et al**
This cause and the demurrer herein are continued to the next turn.
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**Louis A Benoist and Daniel D Page vs 72 Thomas Rector, sole heir of Lydia M Rector, Ellen Lee Rappanick, Leontine Lee, Oscar Lee, Gustave S Rousseau, Emily Rousseau, Mary Garnier and John Hogan**
Petition for Specific Performance.
Now at this day come the plaintiffs and the defendants, Mary Garnier and John Hogan, by their respective attorneys, and the plaintiffs dismiss their suit without prejudice as to Gustave S Rousseau and wife and as to Ellen Lee Rappanick, and the said Thomas Rector Leontine Lee and Oscar Lee, although duly called come not but make default; and the matters in controversy herein are submitted to the Court and the Court having duly heard and considered the same, and being fully advised of and concerning the premises, makes the following finding, to wit; That the Spanish Government on the 10th January 1770 conceeded a tract of land of two by forty arpents to august Condi, which concession was recorded in Levre Terrein No 1 page 31 and is as follows; On the tenth of January one thousand seven hundred and seventy upon the request of August Condi; surveyor in St Louis, we have conceded and we do concede to him, his heir or assigns, in fee simple, a piece of ground situated in the Grand prairie of the post of the said village of St Louis, having tow arpents in width by forty arpents in depth, bounded on one side by the land of M Hervieux, and on the other side by the land of Louis Deshetres, so that the said Conde and his assigns may enjoy the same in full property; under the condition of setting the said land within one year and one day and of its being liable to the public, and other charged tat his majesty might impose therefor. Given in St Louis the same day and year as above; and we have signed St Ange Labuxiere. That the same land was confirmed to the legal representatives of Auguste Conde in accordance with proof taken before Theodore Hunt, Recorder of Land Titles for Missouri under act of 1824 of the Congress of the United State and was recorded in the record and minutes of said United State Recorder of Land Titles in book No 2 page 100: and that the same tract was surveyed by the United States Survey No 1660. The Court doth further find that Auguste Conde died many years ago leaving surviving him his two daughters, one named Marie married to Charles Sanguinet and the other Constance married to Patrick Lee, that Patrick Lee and Constance, his wife, both died about the year 1825 leaving surviving them Lydia M, who had intermarried with Stephen Rector, Patrick Oscan Lee, Constance, who had intermarried with Zalmon C Palmer, Sophia who had intermarried with Benjamin O Fallon, Ellen Lee, who afterwards intermarried with Rappenick, Emily Who had intermarried with Gustave S Rousseau; that Stephen Rector the husband of Lydia M Rector died before, 1831; that Patrick Osear Lee died a about the year 18 Leaving surviving him his widow Leontine Lee and his only son Oscar Lee. The Court doth further find that said Patrick [stain ?] Lee and said Lydia M Rector did execute the instrument to Louis A Benoist dated the 30th day of august, 1831, and described in plaintiffs petition: that the land therein described is the same land proved up before said Recorder Hun and afterwards surveyed a Survey 1660; that said instrument was by mistake of the said granters not sealed as it purported to be. The Court doth further find that said Lydia M Rector made the deed to said Mary Garnier dated the 29th day of October 1847 in said second amended petition described; that there was no valuable consideration passed from said Mary Garnier to said Lydia actor for said conveyance; that said Mary Garnier and her husband executed to defendant, John Hogan, the deed dated the 19th day of May, 1857, and in said petition described whereby they conveyed all their interest in said tract to two by forty arpents except a bout six arpents in the Eastern and thereof; that no valuable consideration was given by said Hogan to said Garnier and wife for said conveyance; that said Hogan was the agent of Mary Garnier in obtaining and procuring the deed of said Lydia M Rector to be made to said Mary Garnier. The Court doth further find that neither said Mary Garnier nor said John Hogan had any knowledge of he making or existence of the instrument dated the 30th day of august, 1831, from Lydia M Rector, Patrick Oscar Lee and others to said Benoist at the time of the said deed of Lydia M actor to said Mary Garnier and of the deed of Garnier and wife to said Hogan The Court doth further find that said Louis A Benoist by the deed if himself and wife dared the 11th day of June, 1844, conveyed to said plaintiff, Page, and undivided half of said two by forty arpents. The Court doth Further find that said Mary Garnier was one of the herein of Marie Sanguinet who with her husband died long before 1825 and that said Marie Garnnier and her husband by their deed dated the 13th day of August, 1835, conveyed to Louis a Benoist all the interest or property they then had
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in said tract of two by forty arpents proved before said Recorder Hunt and surved by the UnitedStates as Survey No 1660. The Court doth further find that there has been no possession of any portion of said land in controversy by said defendants, Hogan or Garnier, or either of them before the year 1850 or 1851, and that as early as 1850 said plaintiff Benoist was in possession of a portion of said land in controversy and has been in possession of the same ever since. The Court doth thereupon declare the law to be that the plaintiffs are entitled to have decreed to and rested in them the interest and share in said track of land as surveyed by the United States as Survey No 1660 Which said Lydia M Rector and Patrick Oscar Lee held and owned at the time of the execution of said instrument to said Benoist being one undivided one twelfth each and together making one undivided sixth part thereof. And thereupon the Court doth order adjudge and decree that the undivided sixth part of the track of land in said petition described being a track of land lying on the Country of St Louis and State of Missouri at the place commonly called the Grand prairie containing two arpents in front by forty arpents in depth confined by laws of the United State to the legal representatives of August [Cond ?] and claimed and proved up before Theodore Hunt Recorder of Land Titles of the United States for said State and surveyed by the United States of America by United States Survey numbered sixteen hundred and sixty be passed to and be vested in the said plaintiffs their herein and assigned forever, and that they recover of the defendants their costs and charges in that the behalf expended and have execution therefore. Finding of the Court filed.
**William Faull administrator et al vs 43 James Brennon's administrative et al**
Now come the plaintiffs and file a bill of exceptions and also come the defendants and file a bill of exceptions.
**Joshua W Owings vs 347 Robert S Eddy et al**
The defendants motion for a new trial herein being heard and fully considered by the Court is overruled.
**Citizens Bank of Steubenville vs 327 John B Carson**
The defendant files a motion for a new trial herein which being heard and fully considered by the Court is overruled.
**John B Valle & Co vs 474 Michael S Cure**
Now come Thomas L Clarke and Bro, by their attorney, and file their application to be made co defendants, wherefore it is ordered they made co defendants herein and leave is given them to file an answer at the next tem of this Court.
**John P Gould et al vs 93 George Trowbridge et al**
Now come the defendants, by their attorney, and file the consent of the plaintiffs, where by they consent that the defendants may file an affidavit bond and bill of exceptions for an appeal within ten day from this date, nine pro tune, waiving objections to the same not being filed at this teem.
**John W Skinner vs 510 D A January et al**
The plaintiffs motion to set aside the non suit herein being heard and fully considered by the Court is sustained, and said non sit is accordingly set aside.
**John W Skinner vs 511 Charles Holms et al**
The plaintiffs motion to set aside the non suit herein being heard and fully considered by the Court is sustained, and said non suit is accordingly set aside.
**Charles Labarge vs 234 Peter Locke**
The defendant withdraws his motion for a new trial herein.
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**Viewer Page 300** (rcdbook1859_29_0299.jpg)
> Handwritten Page Number on Record Book: 292
**Edward Maddock vs 343 Elson J Wright**
On account.
Now come the parties, by their respective attorneys, and the defendant, by brave of Court, withdraws his set off 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 in favor of the defendant. It is therefore considered by the Court that the plaintiffs take nothing by his suit in this behalf but that the defendant go hence without day and recover of the plaintiff this costs and charges herein expended and have execution therefore.
**Samuel penberthy et al vs 307 John Stewart et al**
The plaintiffs motion for a new trial being heard and fully considered by the Court is sustained; and the judgment herein se aside and new trial granted. The plaintiffs withdraw their motion inanest of judgment.
**John Reeves vs 459 William Fulton**
The plaintiffs motion for a new trial being heard and fully considered by the Court it is ordered that said motion be sustained upon the payment of all the costs on or before the first day of the next teem of this Court.
**Silas Reed vs 1 George Scott**
The defendants motion to dismiss this suit being heard and fully considered by the Court is overruled: and the demurrer to the petition being heard and fully considered by the Court is overruled.
**Zalmon Taylor et al vs 142 Morris D Myers**
The plaintiffs motion to suppress the defendants depositions being heard and fully considered by the Court is overruled.
**Morris D Myers vs 167 Zalmon Taylor et al**
The defendants motion to suppress the plaintiffs depositions being heard and fully considered by the Court is overruled.
**In the matter of the assignment of John O [Mcellen ?] and Henry P Hawkens**
appraisement filed. Assignees bond filed. Additional inventory filed.
**Frederick Idecker vs 381 Henry Hackmann, Rudolph Hackmann, Gottlieb Schaefer and William [Stenkel ?]**
Remittitur.
Now comes the plaintiff, by his attorney, and remits to the defendants the sum of five hundred and fifty dollars part and parcel of the judgment herein. Therefore it is considered that the defendants be discharged from the payment of the sum as above remitted.
**Charles Rallman et al vs 325 Francis Fusz [ral ?]**
Dismissal.
On motion of plaintiffs, by attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefore.
**Charles Rallman et al vs 326 George Geist et al**
Dismissal.
On motion of plaintiffs, by attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefore.
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**Viewer Page 301** (rcdbook1859_29_0300.jpg)
> Handwritten Page Number on Record Book: 293
Court met pursuant adjournment. Present as before.
**In the matter of the assignment of Julies Glade**
Appraisement filed. Assignees bond filed and approved. John Hartmann, assignee, files a petition for an order of sale and after due consideration thereof by the Court. It is ordered that the said assignee do proceed to sell and dispose of the stock of goods waves and merchandise assigned at private sale for cash for the period of sixty days. It is further ordered that at the end and termination of sixty days from this date whatever assets then belonging to said estate un disposed of the store no 188 Broadway St Louis together with the fixtures in the store shall be sold by said assignee for cash at public auction.
**George W Ewing vs Nerce Valle**
Confession of judgment.
Now comes the plaintiff, by his attorney, and files his petition and also comes James H Carlisle and exhibits and files a power of attorney duly executed by the defendant and in the name and behalf of the defendant confesses judgment in favor of the plaintiff for the sum of four thousand eight hundred and thirty six dollars and forty five cents and authorizes the entering up of judgment against the defendant in favor of the plaintiff for that amount. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as confessed and his costs herein expended and have execution therefore And it is ordered that this judgment bear interest at the rate of seven per cent per annum form the date until paid.
**George B [Sanclerson ?] vs 839 The North Missouri Rail Road Company garnishee of A J M Donald**
Garnishment.
Now comes the plaintiff, by his attorney, and also comes said garnishee and files an answer and the plaintiff moves the Court for judgment thereon and it appearing to the Court that saidgarnishee at the time he was summoned herein as such was indebted to the defendant, M Donald, in the sum of two hundred and fifty four dollars and twenty two cents, It is therefore considered by the Court that the plaintiff recover of the said garnishee the debt aforesaid as found and have execution therefore and that out of said sum he pay the costs of this proceedings. The sum of ten dollars is allowed said garnishee for answering to be taxed as costs.
**Louis A Benoist et al vs 72 Thomas Rector et al**
The defendants file a motion for review herein which motion being seen heard and fully considered by the Court is overruled: thereupon the defendants file a bill of exceptions herein.
**Alexander Williams vs 236 Augustus H Evans**
The defendants motion for a new trial being heard and fully considered by the Court is sustained and the judgment herein is accordingly set aside and a new trial granted.
**John B Valli vs 474 Michael S Cure**
On motion of the plaintiff, by his attorney, it is ordered that the order making Thomas L Clark and Bro co defendant to set aside and vacated.
**Grace L Barnes vs 242 Henry M Barnes**
The demurrer of the defendant of the plaintiffs petition being heard and fully considered by the Court it is ordered that the said demurrer be and the same is hereby overruled. On motion of the plaintiff, by her attorney, at the Court strikes Out of the petition so much thereof as is included in brackets.
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**Viewer Page 302** (rcdbook1859_29_0301.jpg)
> Handwritten Page Number on Record Book: 294
**Charles Speck et al vs 145 The Steam Boat Jas E Woodruff**
The motion to set aside the non suit herein is continued to the next term of this Court.
**Erst C Angelrodt vs 189 Edward Dobbyns**
The parties file an agreement and by their consent the judgment here in is set aside and vacated.
**Patrick Leahey et al vs 238 Bridget Dugdale administrative of Francis Dugdale.**
The defendants motion for a new trial being heard and fully considered by the Court is overruled. The plaintiffs file their consent that a bill of exceptions may be settled and filed herein in the course of the coming vacation and that a bond may be filed and an appeal taken at the same time.
**Warren Currier vs 276 Samuel B Lowe**
The defendant files a bill of exceptions and also an affidavit for an appeal, and on his motion an appeal is allowed him to the supreme Court from the judgment therein rendered, and he thereupon files an appeal bond in the sum of forty two hundred dollars, with himself as principal and Alfred C Robertson and Chester Harding Jr as securities which bond is approved by the Court.
**Citizens Bank of Steubenville vs 327 John B Carson**
The defendant files a bill of exceptions and an a affidavit for an appeal, and on his motion, an appeal is allowed him to the Supreme Court form the judgment therein rendered and he thereupon files and appeal bond with himself as principal, and William M Morrison, James O Carson and James F Small, as securities, which bond is in the sum of twenty six hundred dollars and is approved by the Court.
**Thomas J Wood and Isaac Lynch 502 Martin Burk and James B Walsh**
The parties file an agreement whereby it is agreed that a bill of exceptions may be signed and files at any time within three months form this date.
**Zalmon Taylor et al vs 142 Morris D Myers**
The plaintiffs file a bill of exceptions herein.
**Morris D Myers vs Zalmon Taylor et al**
The defendant file a bill of exceptions herein.
**Joel W Norcorss et al vs 178 Henry Hudson**
The plaintiffs file a bill of exceptions and an affidavit for an appeal, and on their motion, an appeal to the supreme Court is granted them form the judgment herein rendered, and they thereupon file an appeal bond in the sum of two hundred dollars, with Joel W Norcross, as principal, and Irvin Z Smith and William D Sedgwick, as securities, which bond is approved by the Court.
**Jacob Herron vs 858 George NW Putnam et al**
Bill of Exceptions filed.
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**Viewer Page 303** (rcdbook1859_29_0302.jpg)
> Handwritten Page Number on Record Book: 295
**Joseph H Locke vs 545 Daniel T Jeivett and Charles H Bond**
On note
Now comes the plaintiff, by his attorney, and the demurrer herein being called is submitted to the Court and the Court being fully advised of and concerning the premises as to the defendant Charles expend doth sustain said demurrer, and the plaintiff dismisses this suit as to the defendant, Charles H Pond, and the defendant, Daniel T Jevett, failing to plead further makes default, wherefore the petition is taken against him as confessed: and the Court finds that the defendant is indebted to the plaintiff in the sum of seven hundred and forty nine dollars and thirty two 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 therefore.
**Norman Cutter vs 61 William Waddingham James Clemens Jr et al**
The defendants motion to set aside the verdict and judgment and grant a new trial herein being heard and fully considered by the Court it is ordered that the said motion be and the same is hereby overruled: thereupon the defendants file a bill of exceptions.
**John W Hedenberg vs 411 Benjamin Mercardier et al**
Order for production of Books and paper renewed Now come the plaintiff and the defendants, except Theophile Heggi and Edward Vogel, by their respective attorneys, and it appearing to the Court that the order for production of books and papers has not been fully executed, it is therefore, on motion of the plaintiff, ordered by the Court that the defendants, Benjamin Mercardier, philibert Bariz, George Bauer, William Rira, Gaspard Blaise, Jean L Bienne, Julius Cledes, Alexander Droussent, Jules Fagres, Pierre Favereau, Paul Garnier, Renard Denis, and Paul Salarnier, shall produce to the plaintiff or his attorney all books and papers containing proceedings of the committee of gerance or proceedings of the general assembly of the Icarien Community at the Office of Voullaire and Favor on the City of ST Louis on Friday, February third, eighteen hundred and sixty, at ten o clock, A M, for examination by plaintiffs attorney, also to produce the same on the trial of this cause or that they show cause why they should not produce such books and papers.
**George Goss, John M Ginnis, and R Eaton Goodell vs 370 H B Merritt, Jacob Merritt and William Risley**
The defendants motion for a new trial being heard and fully considered by the Court is sustained; and the judgment herein rendered is accordingly set aside and a new trial granted.
**William L Ewing et al vs 306 Louis Butterfield**
The defendant files a motion for a new trial.
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**Viewer Page 304** (rcdbook1859_29_0303.jpg)
> Handwritten Page Number on Record Book: 296
Court met pursuant to adjournment. Present as before.
**James O Carson and John E Brooks vs Dymes Chambers and George W Capell**
Now come the plaintiffs, by their attorney, and file a motion and notice of motion for an execution against said defendants, on a judgment rendered in this Court on the 19th of May, 1853, which motion is after due consideration by the Court sustained; and an execution is accordingly ordered to issue in accordance with said application.
**The State of Missouri to the use of John Mathews vs 566 James Coff et al**
The motion for security for costs is overruled: the demurer to the petition herein being heard and fully considered by the Court is overruled.
**The State of Missouri to the use of Adolphus Dentelmoser vs 468 Joseph Stecker et al**
The motion to strike out part of the petition herein being heard and fully considered by the Court is sustained.
**Joshua W Owings vs 347 Robert S Eddy et al**
The defendants file a bill of exceptions and an affidavit for an appeal and, on their motion, an appeal is allowed them to the Supreme Court from the decision herein rendered, and they thereupon file and appeal bond, in the sum of twenty three hundred and fifty dollars, with Robert S Eddy and David W Hill, as principals, and James S Wilgus, D Preston and R H Ross, as securities, which bond is approved by the Court.
**In the matter of the assignment of John O Mellen and Henry P Hawkins**
Order of Sale.
Now comes Emile Longuemare, assignee herein, and files his petition for an order of sale, and after due consideration thereof, it is ordered that the said assignee sell the goods conveyed to him at private sale for cash in parcels from the stand lately occupied by said John O Mellen & Co and from time to time, not to exceed sixty days from this date, as purchasers may apply: Leave is also given, should and opportunity present itself, during the above named period to sell the whole of said goods so remaining unsold for cash or at sixty days with undoubted personal security said sale to be either public or private.
**West Richardson vs 414 James George**
On motion of the defendant, by his attorney, it is ordered that he have leave to file an answer on or before the sixth instant.
**William D Marshall et al vs 548 James Cuddy et al**
On motion of the defendants, by their attorney, two Commission are awarded them to take depositions in Illinois.
**John J Roe et al vs 254 Thomas L Moore et al**
Bill of Exceptions filed.
**Henry Homan et al vs 450 Newton S Gay et al**
Deposition for plaintiffs opened and filed.
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**Viewer Page 305** (rcdbook1859_29_0304.jpg)
> Handwritten Page Number on Record Book: 297
**In the matter of Henry Hitchcock Receiver of note &c attached in the case of Bennett S Aden, plaintiff against John Scott, Clingan Scott, and William C Scott garnishees of Dick and McClure**
Now comes the said Henry Hitchcock, heretofore duly appointed and qualified as Receiver in this behalf, and presents to the Court his first report, of his procedings and actions as such Receiver, and prays that said report, and his acts and proceedings as such Receiver as therein set forth, be approved, and that the Court make such orders and allowances in this behalf as in said report asked: and the Court upon examination of said Report and the vouchers therein filed doth order, that said report be received and filed and that the same stand approved together with the acts and proceedings of said Receiver as therein set forth: and the Court doth further order, in accordance with the prayer of said Hitchcock Receiver, that said Receiver enter upon the record of the judgment heretofore obtained by him in this Court against James L Gage, on the 2nd day of March, A D, 1859, for the sum of four hundred and seventeen dollars and two cents, a credit as of the 19th day of May AD 1859 of two hundred and seventy seven, dollars and ninety cents, being the amount recovered and collected upon a certain note held as collateral - as by said report appear - to said claim against James L Gage: and further that said Receiver enter upon the record of the judgment obtained by him in this Court on the 8th day of March AD 1859 against Ezra O English, John Burns, and Jacob Johann, for the sum of sixteen hundred and twenty eight dollars and sixteen cents a remittitur as of the date of the rendition of said judgment in and for the sum of five hundred and thirty two dollars, being the amount of excess for which said judgment was taken by said Receiver by mistake as in said Report set forth: and further that the said Receiver be and he is hereby authorized to accept the proposition of Mathias Steitz and Hiram Shaw for the purchase and assignment to them of the said judgment against English Burn and Johann in said report mentioned; and that upon the receipt by him, said Receiver, from said Mathias Steitz and Hiram Shaw of their joint and several obligation for the amount due upon said judgment Cafter entry of remittitur thereon as above ordered said amount payable therein to the order of said Henry Hitchcock Receiver, in two equal instalments, without interest, one of said instalments, to wit; the sum of five hundred and forty eight dollars and eight cents, payable on or before the 20th day of September A D 1860 and the other of said instalments, to wit; the sum of five hundred and forty eight dollars and eight cents, payable on or before the 20th day of September, AD 1861, that said Henry Hitchcock Receiver in this behalf, thereupon be and he is hereby authorized and required to execute and deliver to said Mathias Steitz and Hiram Shaw an assignment of the said judgment and of all night, title, interest and demand thereunder by him held together with all the right of him, the said Receiver, to demand or receive such divided if any as may be declared upon the claim or notes upon which such judgment is founded, by William R Riddlecome, James M Corbitt and Charles Bayha, assignees of English Burn and company, and to enter the assignment of such judgment upon the margin of the record thereof: the said obligation of said Steitz and Shaw; if received by said Receiver, to be held collected and accounted for by him in like manner as other evidences of debt heretofore received by him: and further, that the sum of two hundred and fifty dollars be and the same is hereby allowed to said Receiver out of the moneys in his hands as compensation for his services heretofore rendered in this behalf: and further that the said Receiver be and he is hereby authorized and required to apply the further sum of forty two dollars and thirty five cents out of the moneys in his hands to the payment of the several amounts due for costs as specified in said report and in Exhibit B filed therewith; and that said Receiver proceed to collect so far as he may be able all other claims held by him as such and that he make further report of his acts and proceedings in this behalf.
**James J Hogg vs John Kennard Sr, William L Sloss, and Eliza S Sloss his wife**
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 trial progresses and the plaintiff dismisses this suit as to Eliza S Sloss and the trial being finished the Court doth find for the plaintiff and assess his damages at the sum of one hundred 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 his costs herein expended and have execution therefor.
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**Viewer Page 306** (rcdbook1859_29_0305.jpg)
> Handwritten Page Number on Record Book: 298
**Gustavus Koerner and Theodore Engelman vs 125. John P Harley and Elias Wilmot**
On account.
Now come the plaintiffs and the defendant, John P Harley by their respective attorneys, and the plaintiff dismisses their suit as to the defendant, Elias Wilmot, 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 for the plaintiffs and assess their damages at the sum of five hundred and forty six dollars and thirty nine cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid inform aforesaid as assessed and also their costs herein expended and have execution therefor. The defendant files a motion for a new trial which motion, by consent of parties is continued to the next term of this Court.
**John W Hedenberg vs 411 Benjamin Mercardier et al**
Answer to order for production of books filed.
**Aaron A Fisher et al vs 353. Calvin H Fredericks et al**
Affidavit of partnership filed.
**The Independence Mining Company vs 45 Alber C Koch**
The defendant files an affidavit for an appeal and also a bill of exceptions, and, on his motion, an appeal is allowed him to the Supreme Court from the judgment herein rendered and he thereupon files on appeal bond which is approved by the Court.
**William Farrell's administrator et al vs 43. James Brennons administratrix et al**
The plaintiff file an affidavit 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 in the sum of three hundred dollars with Alexander, J P Garesche, as principal, and Edward J Farish and Robert A Bakewell, as securities, which bond is approved by the Court.
**James B Colt vs 61 Israel G Beaumont**
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 and being fully advised of and concerning the premises doth find the issues herein joined in favor of the defendant. 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 plaintiff files a motion for a new trial which being seen heard and fully considered by the Court is overruled. By consent of parties until the 13th day of February instant is given plaintiff to file a bill of exceptions and perfect his appeal.
**John P Gould et al vs 93 George Trowbridge et al**
The defendant file an affidavit for an appeal, and on their motion, and appeal is allowed them to the Supreme Court from the judgment herein rendered and they thereupon file an appeal bond in the sum of five thousand five hundred and one dollars, with John G Priest, as principal, and Henry B Belt and John J Anderson, as securities, which bond is approved by the Court.
**Patrick Leahey et al vs 238 Bridget Dugdale administratrix of Francis Dugdale**
By consent of parties twenty days are given defendant to file a bill of exceptions and take an appeal herein.
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**Viewer Page 307** (rcdbook1859_29_0306.jpg)
> Handwritten Page Number on Record Book: 299
**Norman Cutter vs 61 William Waddingham, James Clemens Jr et al**
The defendants file an affidavit and also a prayer for an appeal, and on their motion, the Court doth grant them an appeal to the Supreme Court from the decision herein rendered, whereupon James Clemens Jr and Charles Chambers, a principals, and John O Fallon and Edward Walsh, as securities, severally acknowledge themselves indebted to Norman Cutter in the sum of one hundred thousand dollars, to be levied of their respective good and chattels, land and tenements; yet upon the condition that if the said appellants will prosecute their appeal with due diligence, to a decision in the Supreme Court; and that if the judgment appealed from is affirmed, other appeal dismissed, they will pay whatever of debt, damages and costs, have been recovered against by the judgment of the Circuit Court, together with the interest that shall grow due thereon, or that they will otherwise perform the judgment of the Circuit Court, and that they will also pay the costs and damages that may be adjudged against them in the Supreme Court upon their appeal, and that they will also stay waste, then this recognizance to be void, otherwise to be and remain in full force and virtue.
**The Boatman Savings Institution vs 689 The Bank of the State of Missouri**
The defendant files a bill of exceptions.
**The Boatman Savings Institution vs 722 The Bank of the State of Missouri**
The defendant files a bill of exceptions.
**Stephen Prince et al vs 42 D J Wheeler et al**
Bill of Exceptions filed.
Court met pursuant to adjournment. present as before.
**Isaac J Greene vs 157 William H Smith, Charles L Hobbs and Isaac Lankershine**
The motion of Lankersham and the affidavits to set aside default and judgment being heard and fully considered by the Court is sustained; and the default against the said Lankershine and the judgment to against all of the defendants are accordingly set aside and vacated. Until the first day, and including said day, is given defendant Lankershine to answer. Said default and judgment set aside on payment of all costs. Answer of Lankersham filed.
**John A Tatum vs 311 Robt H Ober et al**
It is ordered by the Court that the order sustaining the demurrer herein be and the same is hereby vacated.
**Andrew Windland vs 391 William Bennett et al**
On motion of the attorney for plaintiff a dedimus is awarded plaintiff.
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**Viewer Page 308** (rcdbook1859_29_0307.jpg)
> Handwritten Page Number on Record Book: 300
**Bryan Cross vs 140 Walter B Carr**
Continued on affidavit at defendants costs.
**Charles Wiggins vs 807 Napoleon B Mulliken**
The demurrer to the petition herein being heard and fully considered by the Court is overruled. Until the eleventh instant is given defendant to answer.
**The State of Missouri to the use of Charles S Hempstead vs 738 Felix Coste et al**
Until the eleventh instant is given the defendants to answer.
**John W Hedenberg vs 411 Benjamin Mercardier et al**
Order for Production of Books and Papers.
It appearing to the Court that the order for production of books and papers has not been fully executed, therefore, on motion of the plaintiff, by his attorney, it is ordered that the defendant, Benjamin Mercardier, shall produce to the plaintiff or his attorney, all books and papers containing proceedings of the committee of geranee or proceedings of the general assembly of the Icarien Community, at the office of Voullaire and Farre in the City of St Louis on Monday next February, 6th 1860 at ten o clock and for examination by palintiffs attorney, also to produce the same on the trial of this cause or that he show cause why he shall not produce such books and papers.
**Peter J Hurck et al vs 787 William Provost et al**
This cause is continued to the next teem of this Court.
**Citizens Insurance Company of Missouri vs Nerce Valle**
Confession of Judgment.
Now comes the plaintiff, by its attorney, and also comes the defendant and filed his statement, duly verified by affidavit, whereby he confessed himself indebted to the plaintiff in the sum of six thousand eight hundred and seventy four dollars and forty five cents and authorized the entering up of Judgment against him in favor of the plaintiff for the amount. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as confessed and also its costs herein expended and have thereof execution: and it is ordered that this judgment bear interest at the rate of eight per cent per annum from the date until paid.
**Alanson Dickson, William C Orr and Dabney Carr vs 922 Thornton B Kemper and John T Kemper**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the statement of the defendants duly verified by affidavit, whereby they confess themselves indebted to the plaintiffs in the sum of twenty three hundred and seventy two dollars and forty seven cents and authorize the entering up of judgment against them in favor of the plaintiffs for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as confessed and also their costs herein expended and have execution therefore :and it is ordered that this judgment bear interest as follows: four hundred and ninety three dollars and eighty three cents thereof at the rate of ten per cent per annum from this date: four hundred and ninety three dollars and twenty one cents, at the rate of ten percent per annum from the fourth day day of February, eighteen hundred and sixty; and thirteen hundred and eighty five dollars and forty three cents, at the rate of ten per cent per annum from the nineteenth day of March eighteen hundred and sixty.
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**Viewer Page 309** (rcdbook1859_29_0308.jpg)
> Handwritten Page Number on Record Book: 301
**Edward Maddock vs 343 Elson J Wright**
The plaintiff files a motion for a new trial which motion by consent of parties is continued to the next teem.
**John J Roe et al vs 254 Thomas L More et al**
Defendants file an affidavit for an appeal and an appeal is granted them to the supreme Court from the judgment herein rendered.
**Charles Bratenahl et al vs 145 A R Grimex**
Defendant files a motion for an order on Sheriff Cerre which motion is continued. to the next term.
**Robert S Armstrong and Robert Casey vs 556 Elijah G Tuttle and Harvey W Smith garnishees of William Renth**
Now come the parties, by their respective attorneys, and by leave of Court file an agreement for extension of time to file bill of exceptions and perfect appeal, thereupon the said garnishees file separate affidavits for appeal, and on their motion an appeal is allowed each of them to the supreme Court from the judgment herein.
**Samuel Goulding and Joseph Goulding vs 549 Elijah G Tuttle and Harvey W Smith garnishees of William Renth**
Now come the parties, by their respective attorneys, and by leave of Court file an agreement extending the time for filing bill of exceptions and perfecting appeal and also file, by leave, an agreement to abide in the supreme Court the decision rendered in the case of Armstrong and Casey against same garnishees, and thereupon said garnishees file separate affidavits for appeal, and an appeal is allowed each of them to the supreme Court from the judgment herein.
**Patrick Leahey et al vs 238 Bridget Dugdale administrative of Francis Dugdale**
The defendant files an affidavit for appeal, and on her motion an appeal is allowed her to the supreme Court from the judgment herein rendered.
**Gardner M Peck vs Bayless Chamblin**
Satisfaction.
Now comes the plaintiff, by Smith and Sedgwick, his attorneys, and acknowledges to have received full and entire satisfaction of the judgment herein on the 16th day of November, A D 1846.
**John B Valle vs 474 Michael S Cerre**
Depositions for plaintiff opened and filed.
**Charles H Welling et al vs 590 Charles P Cady**
Depositions for defendant opened and filed.
**James J Hogg vs 395 John Kennard Sr et al**
The defendants file a motion for a new trial which being seen heard and fully considered by the Court is overruled: and the defendants file a bill of executions and an affidavit for appeal and an appeal is allowed them to the Supreme Court from the judgment herein, and they thereupon file an appeal bond in the sum of two hundred and fifty dollars, with John Kennard, as principal, and Alexander Finley, and N L Greenfield, as securities, which is approved by the Court.
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**Viewer Page 310** (rcdbook1859_29_0309.jpg)
> Handwritten Page Number on Record Book: 302
**J C Stewart vs 177 Margaret Casey**
Depositions for plaintiff opened and filed.
**Augustus M Dowell et al vs 225 Steam Boat David Tatum**
The plaintiffs file a bill of exceptions herein.
**West Richardson vs 414 James George**
The defendant files an answer and a counter claim herein.
**Augustus N Berthoud receiver of the partnership credits and effects of the firm of Houseman and Smith vs 807 William H Hayden**
On account.
Now 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 on the claim against the defendant the sum of one hundred and forty one dollars and thirty seven cents but doth further find that there is due the defendant upon his set off an amount exceeding the claim of the plaintiff which excess amounts the sum of seventy nine dollars and forty six cents. It is therefore considered by the Court that the plaintiff recover of the defendant 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.
**In the matter of the application of Herman Stein**
Now at this day comes the petitioner Human Stein and files his petition praying for a certificate of the Court that Land Warrant No 58011 (fifty eight thousand and eleven) for 160 acres issued to Christopher Meyer February 12, 1857, has been assigned to the petitioner for a valuable consideration and in form prescribed by the Commissioner of the Geneva C Land Office, and he also files his amended affidavit in aid of his application: and it appearing to the Court from the proof so offered that a clerical error had been committed in the proof presented to this Court hereto fore un this matter as also in the certificate granted by the Court hereto fore, to wit; on the 18th day of October 1859 the number of said Warrant being therein given as 38011, instead of 58011, which now is shown to the Court to be the correct number of and Warrant; Whereupon it is ordered to be certified and the Court does herby certify in correction of the certificate granted on the 18th day of October, 1859, that Land Warrant Number fifty eight thousand and eleven (58011)for 160 acres issued to Christopher Meyer February 12th 1857 has been assigned by said Christopher Meyer to Human Stein for a valuable consideration and in due form.
**William F Enders et al vs 290 Thomas Richard**
The defendant, by David C Woods, files a bill of exceptions and also an affidavit for an appeal and on his motion an appeal is allowed him to the supreme Court from the judgment herein and he thereupon files an appeal bond in the sum of seven hundred and fifty dollars, with George Reading as principal, James Blackman, James Porter and Gorge partridge, as securities, which bond is approved by the Court.
**Clarence M Brook vs 287 Samuel A Turner**
Defendant files motion to set aside judgment and an affidavit and also motion in arrest. until and including the first day of next term is given him to file affidavits. Motions continued. until the next teem of this Court.
---
**Viewer Page 311** (rcdbook1859_29_0310.jpg)
> Handwritten Page Number on Record Book: 303
It is ordered by the Court that all causes and motions remaining an disposed of at the present term be continued to the next teem of this Court.
**Augustus N Berthoud Receiver vs 807 William H Hayden**
It is ordered by the Court that the entry of judgment made herein on this day set aside and vacated.
**Augustus N Berthoud Receiver of the partnership credits and effects of the late firm of Houseman and Smith vs 807 William H Hayden**
On account.
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 on his claim the sum of one hundred and forty one dollars and thirty seven cents but doth find that there is due the defendant upon his set off a sum equal to the claim of the plaintiff. It is therefore considered by the Court that the plaintiff recover of the defendant nothing by his suit in their behalf but that the defendant go hence without day and recover of plaintiff his costs herein expended and have thereof execution.
---
**Viewer Page 312** (rcdbook1859_29_0311.jpg)
> Handwritten Page Number on Record Book: 304
**February Term A D 1860.**
**State of Missouri County 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, on the first Monday of February, being the sixth day of said month, in the year of our Lord one thousand eight hundred and sixty, were present Hon Samuel M Bruckinridge, Judge, Thomas E Courtenay, Sheriff, and Stephen Rice, Clerk.
**State use of James McDonough vs 401. Pierre Chouteau et al**
Defendants file an answer herein.
**Stephen Hoyt et al vs 51 Robert M Scanlan et al**
Defendants file a Plea in abatement.
**David Nicholson vs 52 Robert M Scanlan et al**
Defendants file a Plea in abatement.
**Stephen Hoyt et al vs 47 Robert M Scanlan et al**
Defendants file a Plea in abatement.
**Newton S Gay et al vs 301 The Commercial Insurance Company.**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered hat this cause be dismissed at plaintiffs costs and that execution issue therefor. The plaintiffs by leave of Court withdraw the policy sued on.
**New England Server Company vs 411 William W Miller**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered hat this cause be dismissed at plaintiffs costs and that execution issue therefor. The plaintiffs by leave of Court withdraw the exhibit sued on.
**Jesse Arnot vs Geo W Goodlett**
Interrogatories filed
**Eleazer G Pettes vs Wm G Ashdown**
Interrogatories filed.
**Albert Schulherr vs 330 Thomas E Courtenay**
Answer filed.
**Geo Peabody et al vs Danl D Page et al**
Exhibit filed.
**Albert L Field et al vs 22 T Clark Manchester et al**
Interrogatories filed.
**James D Fraser vs 368 J A Ubsdell et al**
Answer filed.
**Joseph O Marsh et al vs 483 Edward C White et al**
Demurrer filed.
**Thomas B Broun vs 465 E C Bosworth**
Demurrer filed.
**Mary R Dufresne vs 312 Henry Dilam et al**
Demurrer filed.
**Anna Chilton vs 138 John Chilton**
Answer and cross bill filed.
---
**Viewer Page 313** (rcdbook1859_29_0312.jpg)
> Handwritten Page Number on Record Book: 305
**Frederick Dutchman vs 224 Matthew Rippey et al**
Answer and exhibit and motion for security for cost filed.
**William Zeil vs 345 Human Bergesch**
Motion for security for costs and demurrer filed.
**John Sutter et al vs 144 Benjamin S Compton et al**
Defendants Thomas and Papin file an answer herein.
**Edward P Tesson vs 135 Benjamin S Compton et al**
Defendants Thomas and Papin file an answer herein.
**William A Hargadine vs 200 Rollin Clark et al**
Defendant Charles Boswell filed an answer herein.
**William W Holloway vs 64 George S Thompson**
Interrogatories filed.
**Lorenzo P Harves et al vs James H Parker**
Interrogatories filed.
**St Louis building and Savings association vs 378 Joseph Labarge Jr et al**
Answer of several of the defendants filed.
**Robert Scanlan et al vs 89 Stephen Hoyt et al**
Defendants file a motion for security for costs herein.
**John Bretz vs 290 M R McDonald et al**
Defendant, Richard F Sass, filed an answer herein.
**John W Hedenberg vs 411 Benjamin Mercardier et al**
Defendant, Mercardier, files an answer to the order for the production of books and papers.
**Thomas G Comstock vs 161 Morris Rosenheim et al**
Defendants. Rosenheim and Collins, file separate answers herein.
**William H Conway vs 231 Thomas Campbell et al**
Defendant. Campbell, files an answer herein.
**Asa S Jones vs 333 Thomas Compbell et al**
Defendants, Owings and Campbell, file separate answers.
---
**Viewer Page 314** (rcdbook1859_29_0313.jpg)
> Handwritten Page Number on Record Book: 306
**George T Camp et al vs 335 Henry T Watson et al**
Defendant Thomas Campbell files an answer.
**Joshua W Owings vs 389 Benjamin T Winchester et al**
Defendant Thomas Campbell files an answer.
**The Mechanics Bank vs 475 Morris Rosenheim et al**
Defendants Rosenheim and Collins file separate answers.
**Charles G Mauro vs 436 Henry F Watson et al**
Defendant Thomas Campbell files an answer.
**Cha H Todd vs 474 Seleg Myers**
Answer filed.
**Geo G Presbury vs 504 Thomas Campbell et al**
Defendant Thomas Campbell files an answer.
**Emma P Garneau vs 115 Louis Garneau**
Answer filed.
**James C Calm vs 243 M Rosenbaum et al**
Plaintiff by leave of Court files an amended affidavit, and defendant file a motion to dismiss.
**Card Dietz et al vs 502 Human Wiener et al**
Answer filed.
**Simon Meyberg et al vs 198 Herman Wiener et al**
Answer filed.
**Henry Pettes vs Matthew Ashdown**
Interrogatories filed.
**Henry Brockman vs John Murphy et al**
Interrogatories filed.
**George G Samuel vs 445 Geo W Manning et al**
Motion for security for costs filed.
**Fred K M Meyers vs 158 John Packer**
Answer filed.
**James E Cross et al vs 216 Felix Reynolds**
Plaintiffs by leave of Court file an amended affidavit.
**J W Newland vs 152 Singleton Paxton**
The defendant files a Plea in abatement.
**Mary E Leonard vs 245 Stephen Leonard et al**
Dismissal.
On motion of the plaintiff, by her attorney it is ordered by the Court that this cause be dismissed at her costs and that execution issue therefor.
**George Partridge vs 68 Henry S King et al**
Proof Service.
Comes the plaintiff, by his attorney, and files proof satisfactory to the Court of service of notice of suit and copy of petition upon defendant, Henry S King.
---
**Viewer Page 315** (rcdbook1859_29_0314.jpg)
> Handwritten Page Number on Record Book: 307
**Abner Cutler et al vs 56 Michael S Cerre**
Dismissal.
On motion of he plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor.
**James Long et al vs 472 Julia A Gordon et al**
Proof of Publication.
Now come the plaintiffs, by their attorney, and file proof satisfactory to the Court that the order of publication hereto for made herein has been published according to law.
**The State of Missouri which sues to the use of John Mathew vs 566 James Coff et al**
On motion of the defendants, by their attorney, until the thirteenth instant us given them to answer.
**Alfred L Field et al vs 22 T Clark Manchester et al**
Proof of Publication.
Now come the plaintiffs, by their attorney, and file proof satisfactory to the Court that the order of publication made herein has been published according to law.
**A J Coons vs 189 B H Batte**
On motion of the defendant, by his attorney, ten days additional time are given him to answer.
**John Hartmann vs Wouner Meyer**
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 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.
**Edward Hempstead vs 11 Walter E Wills et al**
Proof of Service.
Now come the plaintiffs, by their attorney, and file proof satisfactory to the Court of service of notice of suit and copy of petition upon the defendants.
**L R Sargent vs 214 Geo W Scollay et al**
Demurrer and motion to dismisses filed.
**Js O Sawyer vs 342 John Hogan et al**
Answer filed.
**Hannibal and St Joseph Rail Road Co vs Samuel G Cabbell**
Interrogatories filed.
**Jess M Harrison et al vs J chase Dow**
Interrogatories filed.
**Clarence M Brooks vs 287 Samuel A Turner**
Defendant files affidavits in support of motions.
**John M Leavenworth vs 295 P C Reiley's Admr**
Answer filed.
**Orange County Bank vs 211 Arthur Latham et al**
Answer filed.
**Rollin Richmond vs 369 Hugh K Wagner et al**
Defendant, Wagner, files answer herein.
---
**Viewer Page 316** (rcdbook1859_29_0315.jpg)
> Handwritten Page Number on Record Book: 308
**Joshua W Owings vs 311 Clark Hooper et al**
The defendants file separate answers.
**Geo G Presbury vs 300 Hugh K Wagner et al**
The defendants file separate answers.
**James M Franciscus vs 239 Hugh K Wagner et al**
The defendants file separate answers.
**Joshua W Owings vs 157 Hugh K Wagner et al**
The defendants file separate answers.
Court met pursuant to adjournment. Present as before.
**James Stewart vs 389 George Hartmann et al**
The plaintiff files a bond for costs with Charles Keemde, as security, which bond is approved by the Court.
**William W Harnaker vs 673 Stephen Gaskell et al**
Dismissal.
On motion of plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Jonathan Pierce vs 262 Edwin May et al**
On motion of defendant, J D Low, by his attorney, one week additional time is given him to answer.
**J Wood Wilson et al vs 74 Thomas J Martin**
On motion of he plaintiffs, by their attorneys, it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor, and this cause is continued.
**Mary Jane Cantwell by next friend vs 19 John W Cantwell**
Proof of Publication.
Now at this day comes the plaintiff, by her attorneys, and files proof satisfactory to the Court that the order of publication heretofore made herein has been duly published according to law.
---
**Viewer Page 317** (rcdbook1859_29_0316.jpg)
> Handwritten Page Number on Record Book: 309
**William E Dill vs 808 Washington Stewart et al**
On motion of the plaintiff by attorney, a dedimus is awarded him to Tennessee.
**William Lindsay vs 425 Alexander Riddle et al**
On motion of defendant, J Whitney Farlin, by attorney, seven days additional time are given him to answer.
**William Lindsay vs 426 John B Parsons et al**
On motion of defendant, J Whitney Farlin, by attorney, seven days additional time are given him to answer.
**William H Barksdale et al vs 491 George N Walker et al**
On motion of defendants, Daniel J Hancock and Samuel T Morris, by their attorney, ten days additional time are given them to answer.
**Leonard H Wilkery vs 133 The Illinois River Packet Company et al**
On motion of the defendants, Illinois River Packet Company Danl J Hancock and Samuel T Morris, by their attorney, ten days additional time are given them to answer.
**Herman Bokes et al vs 195 J H Alexander et al**
On motion of the defendants, by their attorney the time for answering herein is extended ten days.
**Andrew F Hummitsch vs 123 Jacob Bersch et al**
On motion of defendants, by attorney, the time for answering is extended ten days.
**Andrew F Hummitsch vs 124 Jacob Bersch**
On motion of defendant, by attorney, the time for answering herein is extended ten days.
**Wesley S Horn vs 121 George W Thomas et al**
By leave of Court first had and obtained plaintiff amends his petition by changing the name of plaintiff from "Wesley" to "William".
**F S Griesmer vs 54 Frederick Luppeng**
Motion to dismiss filed.
**Simon Meyberg et al vs Farmers Union Ins Co**
Depositions for plaintiffs opened and filed.
**Thomas Smith vs John Sigerson et al**
Depositions for defendants opened and filed.
**Joshua W Owings vs 309 Geo B Boomer et al**
Defendant Mitchell files an answer herein.
---
**Viewer Page 318** (rcdbook1859_29_0317.jpg)
> Handwritten Page Number on Record Book: 310
**John J Anderson et al vs 490 Jno a Williams et al**
Defendants Burke and M Allister file separate answers herein.
**John J Anderson et al vs 492 Martin Burke**
Demurrer filed.
**Geo W Higgins vs 217 F H Meyer**
Answer and Counterclaim filed.
**State of Missouri at the relation of Thomas Wall vs 889 James Coff.**
Quo Warrants.
Now come the parties by their respective attorneys, and submit this cause to the Court upon the pleadings proofs and agreed case and the Court having duly heard and considered the same doth find the issues herein joined in favor of the defendant. It is therefore considered by the Court that the plaintiff take nothing by its suit in this behalf but that the defendant go hence without day and recover of said relater, Thomas Wall, his cost herein expended and have execution therefor.
**Joshua W Owings vs 310 Geo P Boomer et al**
Defendants, Westlake and Button file an answer herein.
**Newton S Gay et al vs 364 Delaware Mutual Ins Co**
Answer filed.
**William F Enders et al vs H W Wood et al**
Interrogatories filed.
**Constantine P Ralle et al vs 356 William W Holliday**
Answer filed.
**Lewis Downing et al vs 41 Jno M Hockaday et al**
Interrogatories filed.
**David Campbell and Samuel Pollock vs 512 Thomas Campbell**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and also comes the defendant, imperson, and files his statement in writing duly verified by affidavit confessing himself indebted to the plaintiffs in the sum of ten thousand five hundred and eighteen dollars and authorizing the entering up of 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 debt aforesaid in form aforesaid as confessed and also their cost herein expended and have thereof execution.
**Adam Hendricks treasurer vs 156 Charles Lewis**
Answer filed.
**Boston Belting Company vs John R Bart**
Interrogatories filed.
**Robert Causse et al vs 164 William A Bassett et al**
Defendants file a motion for additional security on the attachment bond.
**John C Ivory vs 469 Silas B Sifers et al**
Defendant, Sifers, files an answer herein.
**Henry S Parker et al vs 344 Edwd Boyle et al**
Defendant, Boyle, files an answer herein.
---
**Viewer Page 319** (rcdbook1859_29_0318.jpg)
> Handwritten Page Number on Record Book: 311
**Stephen Haskell et al vs 334 Thomas F Smith et al**
Defendants, C D and J T Sullivan, file an answer herein.
**George W Holdane et al vs 327 Edward Boyle et al**
Demurrer filed.
**William L Thirlwell vs 65 Geo W Putnam**
Answer filed.
**James Moore et al vs 275 Lyman S Elliott et al**
Defendant, Maddock, files an answer herein.
**Nathan Coleman vs 154 Charles Marlow Sr et al**
Defendant, Charles Marlow, Jr, files a demurrer to plaintiffs petition.
**John Brickley vs 462 John Powell**
Defendant files a motion for security for costs and an answer.
**Napoleon Savoney et al vs 183 Oliver T Bragg et al**
Answer filed.
**Patrick Walsh vs 473 Amos H Shultz**
Answer filed.
**Julius W Weber vs 116 Jno C Degenhart**
Answer filed.
**Harris D Booge vs 30 James L Bissell et al**
Demurrer filed.
**John McCaffrey vs 272 Patrick Gregory**
Defendant files a motion for security for costs and an answer.
**Thomas H West vs Thomas E Mason**
Interrogatories filed.
**Isaac Bruce et al vs Frederick Meyer et al**
Interrogatories filed.
**Robert L McGhee vs 263 Benj G Compton et al**
Answer filed.
**Wm P Prescott et al vs 93 Jno L Chandler et al**
Defendant, Couch, files an answer.
**Jas Wild vs 340 Geo Couch et al**
Answer filed.
**John R Bart vs 36 Geo Couch et al**
Defendant, Couch, files an answer.
**Ozro Collins vs 493 Jas M Clark**
Motion for security for costs filed.
**Bernard Boram vs 503 E Nicholls**
Answer filed.
**William G Clark et al vs Terre Haute Alton St Louis Rail Road Company**
Interrogatories filed.
**Gamaliel Bartlett et al vs Benjamin S Compton**
Answer filed.
---
**Viewer Page 320** (rcdbook1859_29_0319.jpg)
> Handwritten Page Number on Record Book: 312
**John D Daggett vs Heinrich Buesmeyer et al**
Interrogatories filed.
**Jno B Valle & co vs 35 James W Saynisch**
Interrogatories filed.
**John Sutter et al vs 144 Benjamin S Compton et al**
Defendant, Compton, files an answer.
**Geo W Goode vs Wm A Smizer**
Answer filed.
**Chauncey S Bliss et al vs 105 Geo W Manning**
Answer and Exhibit filed.
**Jno M Krum et al vs 402 Herman Busin et al**
Answer filed.
**Reuben Loeb et al vs 94 Morris Cahn et al**
Defendants W P and L R Shryock file an answer.
**Hannibal and St Joseph Rail Road Co vs 1 Samuel G Cabbell**
Interrogatories filed.
**Geo A Cox vs 48 Joe Davis**
Answer filed.
**Matthias Mentrep vs 249 Geo W Putnam et al**
Defendant Adams files an answer. Motion to set aside service filed.
**First Ward Savings Inst vs 421 Ferd Miller et al**
Demurrer filed.
**First Ward Savings Inst vs 180 Missouri Spinning Co &c**
Demurrer filed.
**Henry S Baldwin vs 145 Ozro Collins et al**
Defendant, O Collins, files an answer
**Chas L Tucker vs 480 Jo Hyman et al**
Interrogatories filed.
**David Anderson et al vs 373 Missouri Spinning Co &c**
Defendant Bosse files an answer to plaintiffs petition.
**David Anderson et al vs 374 Missouri Spinning Co &c**
Defendants file a motion to dismiss this suit.
**Jno F Mense vs 225 K Mackenzie et al**
Answer filed.
**David Anderson et al vs 375 Charles F Blattan et al**
Answer of Gebhart filed. Answer of Blattan and Bosse filed.
**German Savings Institution vs 428 Louis Bosse et al**
Answer of Gebhardt filed.
**Geo G Samuel vs 445 Geo W Manning et al**
Security for costs filed.
**Lafayette Banking Company vs 500 Horatio Page**
Answer filed.
**John C Wicks et al vs 222 Jno J Anderson et al**
Demurrer filed.
---
**Viewer Page 321** (rcdbook1859_29_0320.jpg)
> Handwritten Page Number on Record Book: 313
**Henry Pike et al vs 501 Amand Schneider**
Answer filed.
**The Mechanics Bank vs 265 Kenneth Mackenzie et al**
Answer filed.
**Stephen Haskell et al vs 237 Andrew A Lebeau et al**
Answer filed.
**Isaac W Mitchell vs 348 Andrew A Lebeau et al**
Answer filed.
**John O Fallon vs 283 John Shechan et al**
Defendants file a motion for security for costs and separate answers herein.
**Benjamin M Runyan vs 274 Kenneth Mackenzie et al**
Answer filed.
**Geo B Murray vs 359 Kenneth Mackenzie et al**
Answer filed.
**John C Boone vs 367 Kenneth Mackenzie et al**
Answer filed.
**John J Holliday vs 384 Kenneth Mackenzie et al**
Answer filed.
**Charles Bobb vs 246 Kenneth Mackenzie et al**
Answer filed.
**Charles Cavaroe et al vs 433 Kenneth Mackenzie**
Motion to dismiss filed.
**Rufus K Sanders vs 457 Kenneth Mackenzie et al**
Answer filed.
**B Rice admr vs 497 Louis Hofmeister**
Answer filed.
**Matthias Steitz vs 481 Joseph Hyman et al**
Interrogatories filed.
**Elizabeth Boylan vs 227 Robt S Eddy et al**
Motion to dismiss filed.
**The State of Missouri vs 811 John Mandeville**
Continued to next term on application of State.
**The State of Missouri vs 509 Michael Kemp and Philip Gabhart**
On Indictment for Rioting.
Now at this day comes Charles G Mauro, Esq, Circuit Attorney, who prosecutes for the State and by leave of Court says he will not further prosecute said indictment against said defendants but voluntarily suffer the same to be discontinued: therefore it is considered by the Court that the said defendants be acquitted and go hence without day.
---
**Viewer Page 322** (rcdbook1859_29_0321.jpg)
> Handwritten Page Number on Record Book: 314
Court met pursuant to adjournment. Present as before.
C W Decker is, on motion of Chester Harding, Jr, admitted and enrolled as member of this bar.
**Mathew S Fife, George J Hubbard, Henry F Vogel vs 636 Richard C Shackelford**
Order for production of book.
The defendants petition for an order for production of book being heard and fully considered by the Court, it is ordered that the plaintiff Mathew S Fife, produce on the trial of this cause the book containing their account with defendant or show cause why the same should not be produced.
**Christian Metzgar vs 248 Peter Wegman et al**
The time for answering herein is extended to the eleventh instant.
**The Sun Mutual Ins Co vs 298 Sigismund R Mendell et al**
The time for answering herein is extended to the thirteenth instant.
**Ruben Loeb et al vs 94 Morris Cahn et al**
Proof Service.
Now come the plaintiffs, by their attorney, and file satisfactory proof of service of copy of petition and notice of suit upon defendant, Cahn.
**William W Holloway vs 64 George S Thompson**
Proof of Publication.
Comes the plaintiff, by his attorney, and files proof satisfactory to the Court that the order of publication made herein has been published according to law.
**Loring P Hawes et al vs James Patterson garnishee of James H Parker**
Until the eighteenth instant is given said garnishee to answer.
**The First Ward Savings Institution vs 179 Henry Pilkington et al**
Default.
Now comes the plaintiff, by its attorney, but the defendant, Henry Pilkington and Samuel P Pilkington, although duly summoned and called, come not but make default, wherefore, on motion of plaintiff, the petition herein is taken against said defendants as confessed.
**The Mechanics Bank vs 303. Luther Case et al**
Default.
Now come the plaintiff, by its attorney, but the defendant, Henry Pilcher, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed.
**German Saving Institution vs 438. Louis Rosse et al**
One week additional time is given to answer herein.
**Exchange Mutual Marine Ins Co vs 285 Louis Pechmann et al**
Default.
Now comes the plaintiff, by its attorney, but the defendant, Louis Pechmann, although duly summoned and called comes not but makes default wherefore the petition herein is taken against him as confessed.
---
**Viewer Page 323** (rcdbook1859_29_0322.jpg)
> Handwritten Page Number on Record Book: 315
**Robert Scanlan et al vs 89 Stephen Hoyt et al**
Plaintiffs file a bond for costs with William Thomas, as security, which bond is approved by the Court.
**George Peabody et al vs 167 Daniel D Page and Henry D Bacon**
Default.
Now come the plaintiffs, by their attorney, but the defaults, although duly summoned and called come not but make default, wherefore the petition herein is taken against them as confessed.
**Henry Korhammer vs 173 Frederick A Garlichs et al**
Default.
Now comes the plaintiff, by his attorney, but the defendants Frederick A Garlichs and Nimrod Beck, although duly summoned and called come not but make default, wherefore the petition is taken against them as confessed.
**Ann Curie vs 403 Geo E Curie**
Continued on affidavit at defendants costs.
**Henry Pike vs 119 Edward W Holloway**
Dismissal.
On motion of plaintiff, by his attorney it is ordered that this cause be dismissed at his costs and that execution issue therefor.
**John F Kreienheder vs 72 August H George**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause dismissed at the costs and that execution issue therefor.
**Michael Larkin vs 275 Patrick M Cann**
Dismissal.
The plaintiff having failed to file security for costs within the time allowed him as to do, therefore on motion of the defendant, by his attorney, it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**The State of Missouri upon the relation of James McDonough vs 400 Henry Ames et al**
Dismissal.
On motion of plaintiff, by attorney, it is ordered that this suit be dismissed at plaintiffs costs and that execution issue therefor. Plaintiff, by leave of Court, withdraws the bondsuedon.
**The State of Missouri upon the relation of James McDonough vs 401 Pierre Chouteau et al**
Dismissal.
On motion of plaintiff, by attorney, it is ordered this cause be dismissed at plaintiffs costs and that execution issue therefor. Plaintiff, by leave of Court, withdraws the bond sued on.
**The Boatmans Savings Institution vs 689 The Bank of the State of Missouri**
The demurer to the petition being heard and fully considered by the Court it is ordered that said demurer as to jurisdiction be overruled and as to form of pleading be sustained. Six days are given the plaintiff to amend.
**The Boatmans Savings Institution vs 722 The Bank of the State of Missouri amend.**
The demurer to the petition being heard and fully considered by the Court it is ordered as to jurisdiction and as sustained as to the form of pleading. Six days are given the plaintiff to amend.
---
**Viewer Page 324** (rcdbook1859_29_0323.jpg)
> Handwritten Page Number on Record Book: 316
**George C Sorrell et al vs Andrew Jainter**
Dismissal On motion of the plaintiffs, by their attorney, it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Isham Shaw vs Augustus H Evans**
> Related to Case ID ccr1860.06905.058
Now come the parties and file an agreement, and the Court appoints John Jackson next friend and gaurdian ad liten of plaintiff and said Jackson files his acceptance of said appointment
**Julia Shaw vs Augustus H Evans**
> Related to Case ID ccr1860.06906.020
Now come the parties, by their respective attorneys and file an agreement and the Court appoints John Jackson next friend and guardian ad liten of plaintiff and said Jackson files his acceptance of said appointment.
**James M Franciscus vs Bernard M Smith et al**
Dismissal On motion of the plaintiff by his attorney it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor. Plaintiff by leave of Court withdraw the note sued on.
**Richard R Field et al vs Charles Rludas et al**
On motion of plaintiffs it is ordered that an alias summons issue for defendants Rludas and Rurrach
**Richard R Field et al vs Charles Packhaus**
On motion of plaintiffs it is ordered that an alias summons issue herein
**Mary Cayward vs George F Hartwell**
Dismissal On motion of plaintiff by attorney it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor. Plaintiff by leave of Court withdraws the original order sued on.
**The Southern Bank of St Louis vs Alfred G Moore et al**
The plaintiff files a motion for writ of rendition expends by which being seen heard and fully considered by the Court it is ordered that a writ of rendition exponas issue to the sheriff of Gallaway County as prayed in said [ ?]ion
**The German Saving Institute vs Charles Altinger et al**
Dismissal On motion of plaintiff by attorney it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**The German Savings Institution vs Charles Altinger et al**
Dismissal On motion of plaintiff, by attorney, it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Mechanis Bank vs Charles Altinger et al**
Answer filed.
**John N Straat vs Wm Nible**
Interrogatories filed
**John W Nederberg vs Benjamin Mercardier et al**
Depositions for plaintiff opened and filed.
---
**Viewer Page 325** (rcdbook1859_29_0324.jpg)
> Handwritten Page Number on Record Book: 317
**Henry Hitchcock Receiver vs 562 James L Gage.**
In compliance with an order of this Court made in the matter and upon filling of the first report of said receivership, to wit, on the 3rd day of February A D 1860 said plaintiff comes and acknowledges to have received on account of the judgment in the above entitled cause the sum of two hundred and seventy seven dollars and ninety cents, being the proceeds of a judgment obtained by him as such Receiver in said Circuit Court against The St Louis and Iron Mountain Rail Road Company and James L Gage as defendants, on the 8th day of March, AD, 1859, and it is ordered that a credit be entered upon said judgment first above mentioned of two hundred and seventy seven dollars and ninety cents as of the 19th day of May AD 1859.
**Henry Hitchcock Receiver vs 564 Ezra O English, John Burns and Jacob Johann**
Now at this day the said plaintiff come in Court and in pursuance of the order heretofore made by the Court upon him as such Receiver upon motion of said plaintiff a remittitur is entered upon the judgment heretofore obtained in this cause in this court, to wit; upon the 8th day of March 1859, which remittitur is of and for the sum of five hundred and thirty two dollars as of the date of rendition of said judgment and said plaintiff further shows to the Court that in compliance with the further order of the Court upon him as such Receiver he has assigned to Mathias Steitz and Hiram Shaw all his right interest and demand of in and to said judgment and the remaining amount due thereon, and acknowledge to have received from said Steitz and Shaw their obligation for ten hundred and ninety six dollars and sixteen cents payable in said order required as the consideration of said assignment; which is approved by the Court.
**Amedee Valle et al vs 131 Benjamin S Compton et al**
Defendant Compton files an answer herein.
**Edward P Tesson vs 135 Benjamin S Compton et al**
Said defendant Compton files an answer herein.
**David Anderson et al vs 373. Missouri Spinning Company et al**
Said defendant Missouri Spinning Company files an answer herein.
**First Ward Savings Institution vs 181 Louis Bosse et al**
Demurer filed.
**Wm W Holloway vs Nelson H Powers garn.**
Answer filed.
**John Webster et al vs Jacob Common et al**
Depositions for plaintiff opened and filed.
**John Renfrew et al vs Philipp Walther**
Interrogatories filed.
**Charles J Norbury vs John Holmes et al**
Deposition for defendants opened and filed.
**Wm O Osborne vs 213 Leander Lawrence**
Motion for security for costs filed.
**West Richardson vs 414 James George**
Reply filed.
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> Handwritten Page Number on Record Book: 318
Parmenic Marbow, whose identity is proven by M L Gray and W S Glanville, examined under oath for that purpose, acknowledges in open Court the execution of a deed to Ann Broadwater for the purposes in said deed mentioned.
**Alexander Kelsey vs Heinrich Busemeyer et al**
Interrogatories filed.
**Jas E Elder et al vs 485 Jas Hyman et al**
Interrogatories filed.
**Charles Knobelsdorff et al vs 391 Thomas E Courtenay et al**
Motion to strike out parts of petition filed.
**Picot Knob Iron Company vs Miles G Moies**
Interrogatories filed.
**The Mechanics Bank vs 304 Chas Altinger et al**
Motion to strike out answer and for judgment filed.
**Michael Bourgoin vs John W Seubert et al**
The plaintiffs interrogatories, and the Pacific Rail Road, garnishee, files on answer thereto, and the plaintiff files a denieal of said answer.
**James Morton vs 49 Cornelia Morton**
Motion for security for costs filed.
**David Anderson et al vs 373 Missouri Spinning Co et al**
Said defendant files an answer.
**Benjamin M Runyan vs 274 Kenneth Mackenzie et al**
Plaintiff files a motion to strike out the answer herein.
**David Anderson et al vs 375 Charles F Blatton et al**
Motion to strike out answers filed.
**Geo Bailey vs 505 Brannock Jones et al**
Answer of Jones filed.
**The German Savings Institution vs 439 Brannock Jones et al**
Said defendant Jones files an answer herein.
**William Lindsay vs 426 Jno B Parsons et al**
The defendant Jones files an answer filed.
**First Nard Savings Institution vs 421 Ferdinand Miller et al**
The defendant Jones files an answer to this action.
**Otis West vs 383 Brannock Jones et al**
Said defendant Jones files an answer herein.
**Rollin Richmond vs 377 Brannock Jones et al**
Said defendant Jones files an answer herein.
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> Handwritten Page Number on Record Book: 319
**James M Franciscus vs 236 Brannock Jones et al**
Said defendant Jones files an answer herein.
**Geo Geist vs 169 Brannock Jones et al**
Said defendant Jones files an answer herein.
**George D Humphreys, Lucius H Terry, Dent G Tutt and John F Baker vs 42 Elias Barbee**
On Note.
Now come the plaintiffs, by their attorneys, but the defendant, although duly summoned and called comes not but make 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 first thousand and fifty five dollars and eighty four cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs in this behalf expended and have execution therefor: and it is ordered that this judgment bear interest at the rate of ten per cent per annum from this date until paid.
**The First Ward Savings Institution vs 477 Michael Diefenbach, Caspar Schmelter, Johann Schmitz and Bernard Heidecker**
On Note.
Now come the plaintiffs, by their attorneys, but the defendant, although duly summoned and called comes not but make 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 three hundred and forty dollars and sixty seven cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also its costs herein expended and have execution therefor.
**John R Bart vs 36 George Couch, John L Chandler, Thomas J Patterson**
On Note.
Now come the plaintiff, by his attorney, and dismisses this suit as to the defendants John L Chandler and Thomas J Patton, and confessing the counterclaim of forty three dollars and fifty cents set up in the answer of defendant, moves the Court for judgment said answer, which after due consideration by the Court is sustained: and the Court finds that after deducting the said Counter claim, the defendant, George Couch, is indebted to the plaintiff in the sum of two hundred and forty three dollars on account of the instrument in writing on which this action is founded. 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. And the plaintiff files an assignment of said judgment to George Marshall Thereupon comes the defendant Couch and files a motion to set aside judgment.
**The German Savings Institution vs 440 Joseph Strautman, Ferdinand Stouvener, Michael Diefenbach and Caspar Smelter**
On Note.
Now comes the plaintiff, by his attorney, but the defendants although duly summoned and called come not but make default, wherefore 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 three hundred and ninety six dollars and sixty 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 also its costs herein expended and have execution therefor.
**John N Straat vs 130 William Wible**
On Note.
Now come the plaintiff, in person, but the defendant 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 the action is
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founded that the defendant is indebted to the plaintiff in the sum of two hundred and twenty nine dollars and seventy 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 thereof execution.
**John F Mauntel, Henry Bulte and Mathias Backer vs 76 William Bender**
Order of Publication.
On motion of the plaintiffs, by their attorney, it is ordered that the defendant be notified that a civil action has been commenced against him for the sum of two hundred and seventy five dollars and thirty three cents on account of goods waves and merchandize sold and delivered by the plaintiffs to the firm of Bender and Rohlhas and for rent, 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 last Monday of September 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 St Louis Herald a newspaper printed and published in the City of St Louis.
**Emile Blome and Joseph Lindenschmidt vs 256 John Higgins**
On account.
Now come the plaintiff by their attorney, and also comes the defendant and files an answer confessing himself indebted to the plaintiffs in the sum of one hundred and twenty dollars and sixty five cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid in form aforesaid as confessed and also their costs herein expended and have execution therefor.
**The German Savings Institution vs 429 Berthold Vennewitz and Frederick Phend**
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 plaintiff in the sum of three hundred and fourteen dollars and ninety 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 the costs herein expended and have thereof execution.
**John F Mauntel et al vs 40 Heinrich Schmitz**
Order of Sale.
Thomas E Courtenay 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 great lose and upon before the probable termination of this suit and the said property is like to depreciate in value; it is therefore ordered that the said Sheriff sell said property according to law and that he make a report of his proceedings under this order on or before.
**Samuel Kirkman and Jon W Luke vs 432 Brannock Jones**
On Note.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called comes not but make default, wherefore the petition herein is taken against him as confessed: and the Court find 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 sixty dollars and 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 also their costs herein expended and have execution therefor.
**James B Eads vs 392 Ralph P Voorhis, Robert C Totter and Levis Morris**
On Note.
Now come the plaintiff by his 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 plaintiff in the sum of two hundred and ninety four dollars and one cent. It is therefore considered by the Court
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that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as confessed and also his costs herein expended and have execution therefor.
**George D Humphreys, Thomas E Tutt and Lucius H Terry vs 341 J H Singleton**
On Note.
Now come the plaintiffs, by their attorney, but the defendant, 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 instruments in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of ten hundred and twenty four 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 also their costs herein expended and have execution therefor.
**George W Zimmermann vs 5 Daniel D Page, Henry D Bacon, and Edward Wyman**
On Note.
Now comes the plaintiff, by his 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 plaintiff in the sum of three hundred and twenty three dollars and fifty 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 also his costs herein expended and have execution therefor.
**The Mechanics Bank vs 349 Henry Thayer**
On Bill of Exchange.
Now comes the plaintiff, by its attorney, but the defendant, 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 plaintiff in the sum of fourteen hundred and eighty dollars and fifty eight cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in from aforesaid as found and also its costs herein expended and have thereof execution.
**William P Rockhill surviving partner of Rockhill and Company vs 224 Simon Downing and Robert Montgomery**
On Note.
Now comes the plaintiff, by its attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against them 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 thirteen hundred and seventy nine dollars and forty six 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 thereof.
**David Ellis vs 257 John Finnerty**
On Note.
Now comes the plaintiff, by its attorney, but the defendant, 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 instruments in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of one hundred and sixty three dollars and sixty two 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 thereof.
**Spotswood Josiah Dodge vs 347 Emile F Kraft and Otto C Kraft**
On Note.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against them 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 two hundred and five dollars and thirty three 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 thereof.
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**Ernst C Anglerodt and Robert Barth vs 404 Theodore Bredow**
On Bill of Exchange.
Now come the parties, by their respective attorneys, and the defendant withdraws his answer herein and the parties agree that judgment may be rendered in favor of the plaintiffs and against the defendant for the sum of five hundred and five dollars and nine cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs in this behalf expended and have execution therefor.
**Leo Lepere vs 443 Joseph K Bent**
On Note.
Now comes the plaintiff, by his attorney, but the defendant, 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 plaintiff in the sum of one hundred and seventy three dollars and eleven 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 thereof execution.
**James Downey vs 405 Ezra O English John Burnes and William Fulton**
On Note.
Now comes the plaintiff, by his attorney, and also come the defendants English and Burns and withdraw their answer, thereupon the defendants although duly summoned and being now solemnly 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 plaintiff in the sum of two hundred and thirty one dollars and 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 also his costs herein expended and have thereof execution.
**Joseph W Dougherty vs 403 S Mordecai**
On Note.
Now comes the plaintiff, by his attorney, but the defendant 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 plaintiff in the sum of three thousand three hundred and sixty dollars. It is therefore considered 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.
**James A Jackson vs 410 Daniel Able and Barton Able**
On Notes.
Now comes the plaintiff, by his attorney, but the defendant although duly summoned and called comes not but makes 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 defendant are indebted to the plaintiff in the sum of ten hundred and fifty five dollars. 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 therefor execution.
**Richard R Field, Reuben Beardslee, John K Field, Isaac N Field and Phineas Beardslee vs 235 James W Wren**
On Note.
Now comes the plaintiff, by his attorney, but the defendant 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 are indebted to the plaintiffs in the sum of two hundred and forty eight dollars and eighty 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 their costs in this behalf expended and have execution thereof and it is ordered that this judgment bear interest at the rate of ten per cent per annum from this date until paid.
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**George H Loker and William N Loker vs 252 Charles R Anderson, Ralph P Voorhees Robert C Totter and Morris**
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 or three hundred and fifteen dollars and fifty cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid inform aforesaid as found and also their costs herein expended and have execution therefor.
**Marshall P Sangiunett vs 219 J B Joseph and Josiah Thornburgh**
On Note.
Now comes the plaintiffs, by their attorney, and dismisses this suit as to the defendant, J B Jessup, but the defendant, Josiah Thornburgh although duly summoned and called comes not but make 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 are indebted to the plaintiffs in the sum or two hundred and ten dollars and twenty five cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid inform aforesaid as found and also his costs herein expended and have execution therefor.
**Jeremiah D Law vs 376 Joseph K Bent**
On Note.
Now comes the plaintiffs, by their attorney, although duly summoned and called comes not but make 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 plaintiff in the sum of five hundred and fifty four dollars and eight cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid inform aforesaid as found and also his costs herein expended and have therefor execution.
**Hugh Boyle and William H Campbell vs Cary Gratz, Andrew H Alexander, Henry H Gratz, John McKinnon and Jacob Ratheon**
On Bill of Exchange.
Now come the plaintiffs, by their attorneys, and file satisfactory proof that the order of publication has been published, according to law, and dismiss this suit as to the defendants, John McKinnon and Jacob Rathvon, but the defendants, Carry Gratz, Andrew J Alexander, and Henry H Gratz, 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 Six hundred and thirty nine dollars and fifty one cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their costs in this behalf expended and have execution therefor.
**Robert Mitchell, Frederick Rammelsberg, and William Mitchell vs 140 William O Wolf and John Gunsollis**
On Note.
Now come the plaintiffs, by their attorneys, 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 defendant are indebted to the plaintiffs in the sum of one hundred and seventy dollars and forty two cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their costs in this behalf expended and have thereof execution.
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**William Thomas vs 394 Henry Greise, Valentine Doll and Charlotte Griese**
On note.
Now comes he parties, by their respective attorneys, and file an agreement and consent and agree that judgment may be rendered herein in favor of the plaintiff for the sum of four hundred and fifteen dollars and twelve and one half 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: and it is ordered that this judgment bear interest at the rate of ten per cent per annum from this date. By consent of parties execution is stayed four months from this date.
**Frederick Sumpf vs 372 Henry Koch**
On note.
Now comes the plaintiff, by his attorney, but the defendant, 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 plaintiff in the sum of five hundred and fort four dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of her defendant the debt aforesaid in form aforesaid as found and his costs herein expended and have thereof execution; and it is ordered that this judgment bear interest at the rate of eight percent per annum for this date.
**Ferdinand A Reuss and Constance J Peipers vs 371 George Kleiburg**
On note.
Now comes the plaintiffs, by his attorney, but the defendant, 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 plaintiff in the sum of two hundred dollars and ninety four cents. It is therefore considered by the Court that the plaintiff recover of her defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**Marc Vaissier vs 208 John J Outley and Leonard R Sargent**
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant Leonard R Sargent, but the defendant, John J Outley, although duly summoned and called cones 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 plaintiff in the sum of five hundred and sixty five dollars and thirty nine 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: and it is ordered that this judgment bear at the rate often percent per annum from this date until paid.
**Mahlon Williamson, Oliver H Williamson Samuel M Anderson, and Henry C Potter vs 271 John Cooper and James Johnston**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called comes not but makes 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 defendant is indebted to the plaintiff in the sum of seven hunddred and eighty nine dollars and forty seven 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.
**The Mechanics Bank vs 305 John P Callahan, William H Haden and Frederick A Hasselmann**
On Bills of Exchange.
Now comes the plaintiff, by his attorney, but the defendants, 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 instrment in writing on which this action is founded that the defendant is indebted to the
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plaintiff in the sum of five hundred and thirty eight dollars and sixty cents. It is therefore considered by the Court that the plaintiff recover of her defendant the debt aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**Gaitans Fopians vs 417 Louis Charleville, Solomon H Robbins and Conrad Mast**
On note.
Now come the parties, by their respective attorneys, and the defendant, Louis Charleville, by leave of Court amends his answer by adding an affidavit thereto, and the parties waiving a Jury submit this cause to the Court upon the pleadings and proofs and the Court doth find thereform that the defendants are indebted to the plaintiff in the sum of eleven hundred and seventeen dollars and sixty four 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 thereof execution; and it is ordered by the Court that this judgment bear ten per cent per annum interest from this date.
**Samuel N Pike and Philipp Pike vs 467 M A O'Rourke**
On Bills of Exchange.
Now comes the plaintiff, by his attorney, but the defendants, 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 hundred and seventy four dollars and twenty three cents. It is therefore considered by the Court that the plaintiff recover of her defendant the debt aforesaid in form aforesaid as found and his costs herein expended and have execution therefor.
**John H Fisse and Theodore Kalb vs 453. James Sullivan, Michael Diefenbach, Caspar Schmelter and Johann Schmitz**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called comes not but makes 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 defendant is indebted to the plaintiffs in the sum of four hundred and eight dollars and sixteen cents. It in therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**The Mechanics Bank vs 267 John Bowell and Christoph Nieman**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called comes not but makes 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 defendant are indebted to the plaintiffs in the sum of two hundred and sixty four dollars and ninety 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.
**John H Fisse and Theodore Kalb vs 452 Michael Diefenbach, Caspar Schmelter, Adam Diefenbach, Michael Sutter and Peter Gisler**
On Note.
Now come the plaintiffs, by their attorney, an dismiss this suit as to the defendant, Peter Gisler, but the defendants, Michael Diefenbatch, Caspar Schmeltor, Adam Diefenbach and Michael Sutter, although duly summoned and called comes not but makes 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 defendant are indebted to the plaintiffs in the sum of seven hundred and thirty five dollars and seventy seven cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
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**Ernst C Angelrodt and Robert Barth vs 454 Gerhard Bensberg**
On Notes.
Now come the plaintiffs, by their attorney, but the defendant, 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 instruments in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of four thousand six hundred and sixty three dollars and thirty five cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**John B Parsons and J Whitney Farlin vs 407 Brannock Jones**
On Note.
Now come the plaintiffs, by their attorney, but the defendant, 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 twelve hundred and sixty eight dollars and eighty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor. and it is ordered by the Court that this judgment bear interest at the rate of ten per cent per annum.
**Moses T Meeker vs 479 Ralph P Voorhies, Robert C Totter, and Lewis Morris**
On Note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Louis Morris, but the defendants, Voorhies and Totter, 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 plaintiff in the sum of two hundred and twenty two 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.
**First Ward Savings Institution vs 419 Michael Diefenbach, Caspar Smelter, and Johann Schmitz**
On Note.
Now come the plaintiff, by its 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 plaintiff in the sum of four hundred and twenty four dollars and fifty nine cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and its costs herein expended and have execution therefor.
**James Porter and Edward C White vs 230 Henry C Lynch**
On Note.
Now come the plaintiffs, by their attorney, but the defendant, 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 six hundred and thirty eight dollars. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor. and it is ordered by the Court that this judgment bear interest at the rate of ten per cent per annum.
**Alexander McKean vs 471 Henry Pilkington**
On Note.
Now comes the plaintiff, by his attorney, but the defendant, 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 instruments in
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writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of two hundred and sixty seven dollar and twenty five cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor. and it is ordered that this judgment bear ten percent per annum interest form this date until paid.
**Caneira Watts vs 55 Herman Fette and Henry A Fette**
On Note.
Now come the plaintiffs, by attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed; wherefore the petition herein is taken against them 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 five hundred and sixty six dollars and sixty six cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor; and it is ordered that this judgment bear interest at the rate often percent per annum.
**The State of Missouri to the use of Edward B Phelps vs 402 Albert G Edward, Ferdinand Rozier Jr, and Richard P HanenKamp**
On Bond.
Now come the parties, by their respective attorneys, and also a Jury, to wit; Thomas M Yates, B H Batte, Wm Boothe, Hermann Eisenhart, W L Hickmann, Robert Anderson, B Venewitz, Geo Alvires, A L Hamilton, Thomas Martin, F Stilwell and Amos Currie, 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 as they find for the plaintiff and assess his damages at the sum of four hundred and ninety five dollars. It is therefore considered by the Court that the plaintiff recover of the defendants the sum of eleven hundred and thirty seven dollars, the penalty of the bond sued on, and also his costs and charges herein expended and that he have execution for the damages aforesaid in form aforesaid as assessed.
**Elizabeth Rice administratrix of Bartholomew Rice vs 498 Julius Uhlenhuth**
On Note.
Now come the plaintiffs, by her attorney, but the defendant, 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 instruments in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of five hundred and eight 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 also their costs herein expended and have execution therefor.
**Joseph W Clark, Luther C Clark. Edward Dodge and Edward Chase vs 408 John W Wimer, Thomas E Courtenay, and Rassin E Smith**
On Bill Of Exchange.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called comes not but make default, wherefore the petition herein is taken against them 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 eleven hundred and eleven dollars. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**Alexander McKean vs 470 James Castello and John M Wimer**
On Note.
Now come the plaintiffs, by his attorney, but the defendant, although duly summoned and called comes not but make default, wherefore
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> Handwritten Page Number on Record Book: 328
the petition herein is taken against them 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 thirty dollar and thirty 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 also their costs herein expended and have execution therefor; and it is ordered that this judgment bear ten per cent per annum interest.
**Francis Rogers vs 293 James Castello, John M Wimer and Thomas E Courtenay**
On Note.
Now come the plaintiffs, by attorney, but the defendant, 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 instruments in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of twelve hundred and seventy three dollars. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor; and it is ordered that by the Court that this judgment bear interest at the rate often percent per annum.
**William N Suitzer, Abraham G Switzer and John M platt vs 308 William Hassinger, William Haight, John O'Brien and Michael O Brien**
On Note.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against them 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 five hundred and eighty two dollars and thirty two cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**William H Conway vs 232 John M Wimer, James D Houseman and Henry F Watson**
On Note.
Now come the plaintiffs, by his attorney, but the defendant, although duly summoned and called comes not but make default, wherefore the petition herein is taken against them 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 five hundred and fifty seven dollars and eighty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor; and it is ordered that this judgment bear interest at the rate often percent per annum.
**William H Conway vs 233. John M Wimer and James Castello**
On Note.
Now come the plaintiffs, by his attorney, but the defendant, although duly summoned and called comes not but make default, wherefore the petition herein is taken against them 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 five hundred and fifty seven 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 also his costs herein expended and have execution therefor; and it is ordered that this judgment bear ten per cent percent per annum interest.
**John W Hedenberg vs 411 Benjamin Mercardier et al**
Now come the parties, except Heggi and Vogel, by their respective attorney, and the said defendant to having filed answer to rule for production of books and papers denying on oath the possession or control thereof, and the Court heaving heard the evidence offered by the parties, doth order that the said rule for the production of books and paper be vacated.
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> Handwritten Page Number on Record Book: 329
Thomas E Courtenay, Sheriff of St Louis County, acknowledges the execution of a deed by him as such Sheriff in favor of Oliver Joyal for all the right, title, interest, claim, estate and property of Daniel Perreault of in and to the following decribed real estate situate lying and being in the City and County of St Louis, State of Missouri; eighteen (18) Feet front on the Western line of Second Street, and running tack Westwardly from said Second Street one hundred and fifty feet more or less, bounded on the East by Second Street, on the North by an alley eight (8) feet wide, as required to be opened by the terms of the will of Elizabeth Morin, Cora Aubuchon, widow of the late Baptiste Morin, on the West by one Smith, and on the South by the remainder of the lot of ground acquired by Antoine Morin by will from Elizabeth Morin aforesaid recorded in Book M page 60 and being the same premises acquired by said Daniel Perreault of Antoine Morin by deed dated 25th of august, 1856; Sold under and by virtue of an execution issued from the Office of the Clerk of St Louis Circuit Court in favor of Pelagie Morin adminisratrix of Antoine Morin against Daniel Perreault returnable at the February Term 1860 ofsaid Court.
Thomas E Courtenay, Sheriff of St Louis County, comes in Court and acknowledges the execution of a deed by him as such Sheriff in favor of William Cuddy for all the right, title, interest, claim, estate and property of Isaac T Greene of in and to the following described real estate to wit lying and being in the City of St Louis County of St Louis State of Missouri; four lots of ground in East Union addition numbered 39, 40, 41 and 42, of Block no 2 ofsaid addition, ninety seven feet eleven inches on Wright street, by a depth of one hundred and thirteen feet ten inches to an alley fourteen feet wide, bounded North alley, West Eighteenth Street, South Wright Street, East lot No 38 belonging to J S M Cune; Sold under and by virtue of an execution issued from the Office of the Clerk of the St Louis Circuit Court in favor of James A Monks against Isaac T Greene and Franklin Weston returnable to the February Term 1860.
Thomas E Courtenay, Sheriff of St Louis County, in open Court and acknowledges the execution of a deed by him as such Sheriff in favor of William Clark for all the right, title, interest, claim, estate and property of Isaac T Greene of in and to the following described property Situate in the County of St Louis State Of Missouri; to wit; a lot of land known as Survey 1,909, as confirmed to William Massey under Ezekiel Lard and lying in Ferdinand Township; also, forty seven feet on the east side of Main street by a depth of one hundred feet un Block No 233, bounded South Spaulding, North Brotherton, East self, and West Main Street; also fort three feet more or less fronting on Florida street in said block by a depth of one hundred thirty seven feet and six inches, bounded North McKee, South Florida street, East Gorey, and West Spaulding, Brotherton and self; Sold under and by virtue of an execution issued from the Office of the Clerk of he St Louis circuit Court in favor of James A Monks and against Isaac T Greene and others, returnable to the February Term 1860 of said Court.
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**Viewer Page 338** (rcdbook1859_29_0337.jpg)
> Handwritten Page Number on Record Book: 330
Court met pursuant to adjournment. Present as before.
**Charles W Ford vs 280 John W Rice**
On note.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed; and the Court finds the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of ninety eight dollars and sixty five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found also his costs herein expended and have execution therefor.
**William W Branson vs 260 Robert Scott**
Answer filed.
**Louisa alias Louisa Lewis vs 12 Henry N Hart**
Answer filed.
**Thomas Swales et al vs 508 Henry Quatman**
Answer filed.
**Boston Belting Company vs Rudolph Bircher garn.**
Answer filed.
**Henry Townsley vs Benj S Compton**
Deposition for plaintiff opened and filed.
**Joshua W Owings vs 36 Kenneth Mackenzie, Adam D Stewart and George B Michael**
On note.
Now come the plaintiff, by his attorney, and dismisses this suit as to the defendants, Stewart and Michael, but the defendant, Mackenzie, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed; and the Court finds the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of Two thousand one hundred and eleven dollars, and twenty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found also his costs herein expended and have execution therefor.
**Joshua W Owings vs 139 Kenneth Mackenzie and Adam D Stewart**
On note.
Now come the plaintiff, by his attorney, and dismisses this suit as to the defendants, Stewart but the defendant, Mackenzie, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed; and the Court finds the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of three thousand one hundred and sixty six dollars and eighty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found also his costs herein expended and have execution therefor.
**Fretelin Senn vs 299 Hermann Pohll and Hermann Nethe**
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, the petition herein is taken against the said defendants as confessed; and the Court finds 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 five dollars and eighty eight cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found also his costs herein expended and have execution therefor.
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**The Mechanic Bank vs 265. Kenneth Mackenzie, George B Michael, Rassin E Smith and David H Bishop**
On note.
Now comes the plaintiff, by its attorney, but the defendants, although duly summoned and called, come not but make default, wherefore the petition herein is taken against them as confessed; on motion this ordered that the foregoing interlowtory judgment be set aside and vacated.
**The mechanics Bank vs 265 Kenneth MacKenzie, George B Michael, Rassin E Smith and David H Bishop**
on note.
Now comes the plaintiff, by its attorney, and moves the Court for judgment not with standing the answer herein, which motion, is taken due consideration by the Court, sustained; 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 dollars and four cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and its costs herein expended and have execution therefor.
**The First Ward Savings Institution vs 181 Louis Bosse et al**
Default.
Now come the plaintiff, by its attorney, and on its motion the demurrer of the defendant Blattau is stricken out, and the said defendant Charles F Blattau, failing to answer makes default, and the defendant Louis Bosse although duly summoned and called comes but makes default, wherefore the petition herein is taken against said defendants as confessed.
**Harris D Booge vs 30 James L Bissell and Edwin K Stevens**
On note.
Now come the plaintiff, by his attorney, and dismissed this suit as to the defendant Stevens, and moves the Court for Judgment notwithstanding the demurrer herein which motion is after due consideration by the Court sustained; 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 eighty two dollars and fifty eight cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt a foresaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**Joshua V Throop vs 330 The President and Directors of the Bank of Louisville**
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.
**Philip S Justice, John V Beam Jr Philip Wilson and J How and Metchell vs 398 Thomas J Albright and William A Albright**
On note.
Now comes the plaintiff, by its 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 defendant is indebted to the plaintiff in the sum of four hundred and four dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the debt a foresaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**Newton S Gay et al vs 315 The Merchants Insurance Company**
Answer filed.
**Newton S Gay et al vs 316 City Fire Insurance Company**
Answer filed.
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> Handwritten Page Number on Record Book: 332
**Zeb F Wetzell and Oths Wetzell vs 46 George B Field**
On note.
Now comes the plaintiff, by their respective attorney, but the defendants, although duly summoned and called, come not but make 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 plaintiff in the sum of two hundred and thirteen 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 found and also their costs herein expended and have execution therefor.
**Isaac L Falk and George Falk vs 207 Samuel Michal and Isaac Michael**
On notes.
Now comes the plaintiff, 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 defendant is indebted to the plaintiff in the sum of twenty five hundred and ninety dollars and sixty four cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**Benjamin E Cole vs 137 Charles D Ellis**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make 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 plaintiff in the sum of seven hundred and nine 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 found and also their costs herein expended and have execution therefor.
**Thomas Allen vs 45 Francis Hudson**
On note.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make 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 plaintiff in the sum of two hundred and forty one dollars and thirty three 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.
**Leroy M Wiley, Hugh R Banks William G Lane, Henry Vandergre and Edward H Lane vs 192 Charles Creely**
On notes.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come not but make 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 plaintiff in the sum of thirteen hundred and twelve dollars and fifty one 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.
**M D Palmer vs 476 Alonzo D Fassett et al**
Default.
Now comes the plaintiff, by his attorney, but the defendants, Fassett, although duly summoned and called, come not but make default, wherefore the petition herein is taken against him as confessed.
**Henry S Parker et al vs 344 Edward Boyle et al**
Default. Now comes the plaintiff, by his attorney, but the defendants, John Reilly, although duly summoned and called, come not but make default, wherefore the petition herein is taken against him as confessed.
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> Handwritten Page Number on Record Book: 333
**Eugene Schneider and Leon Vion vs 458 Griffin P Theobald, Edgar R Montgomery and Samuel C Sayers**
On note.
Now comes the plaintiff, by their attorney, but the defendants, although duly summoned and called, come not but make default, wherefore the petition herein is ta ken 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 seventy two dollars and seventy cents. It is therefore consid ered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**Henry Overstolz vs 296 Frederick Maw**
On notes.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come 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 are indebted to the plaintiff in the sum of eighty hundred and forty two dollars and seven cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**Jacob Enders vs 284 Adolph Gudath and William Balz**
On notes.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called, come 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 are indebted to the plaintiff in the sum of two hundred and ten dollars and forty three cents. It is therefore considered by the Court that the plaintiffs recover of the defendant to the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**Charles C Whittelsey vs 415 John Sigerson and William Sigerson**
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 that the defendants are indebted to the plaintiff in the sum of five hundred and sixteen dollars and twenty 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 also their costs herein expended and have execution therefor.
**Stephen Haskell and James M Franciscus vs 334 Thomas F Smith et al**
Dismissal.
Now come the plaintiffs, by their attorney, and dismiss this suit as to the defendants Thomas F Smith and George Weissinger.
**Stephen Haskell and James M Franciscus vs 302 James Moore and Martin O Walker**
On note.
Now come the plaintiffs, by their attorney, land dismiss this suit as to the defendant, Walker, but the defendant, James Moore, 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 of said plaintiffs be taken against the said defendant, James Moore, as confessed; and the Court finds from the instrument in writing on which this action is founded that the said defendant, James Moore, is indebted to said plaintiffs in just and full sum of one thousand one hundred and eighty two dollars and thirty cents. It is therefore considered by the Court that the said plaintiffs, Stephen Haskell and James M Franciscus, recover of said defendant, James Moore, the debt aforesaid in form aforesaid as found and also their costs in this behalf expended and have thereof execution.
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**Viewer Page 342** (rcdbook1859_29_0341.jpg)
> Handwritten Page Number on Record Book: 334
**Stephen Hoyt vs 393 George A Phegley**
On notes.
Now comes the plaintiff, by his attorney, but the defendant, 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 instruments in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of three hundred and twenty four dollars and thirty seven cents. It is therefore considered by the Court that the plaintiff recover of the dependant the debt aforesaid in form aforesaid as found and also his costs herein expended and have execution therefore.
**Julia Eliza Michaw vs 873 Brannock Jones**
On motion of plaintiff, by her attorney, it is ordered that P B Garesche and R A Bakewell summoned herein garnishee be discharged plaintiffs costs.
**Stephen Haskell, and James M Franciscus vs 380 George B Boomer, George G Pride and Jesse Arnot**
On note.
Now come the plaintiffs, by their attorney, and dismisses this suit as to the defendants, Boomer and Pride, but the defendant, Jesse Arnot, although duly summoned and called come not that make default, wherefore the petitionherein 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 four hundred and two dollars and forty 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.
**Josiah A Gaylord vs 405 Robert McIlvain, Archidemus R Ross and Thomas F Smith**
on note
Now comes the plaintiff by his attorney, and dismisses this suit as to the defendant Smith, by the defendants, Robert McIlvain, and Archidenus R Rose, 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 plaintiff in the sum of five hundred and twenty three 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 therefore.
**John H Schenek vs 464 Philip D Gordon and George W Lynch**
On note.
Now comes the plaintiff, by his 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 plaintiff in the sum of seven hundred and fifteen dollars and fifty two 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 therefore.
**John H Schenck vs 463 Philip D Gordon**
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 the petition herein is 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 plaintiff in the sum of seven hundred and fifteen dollars and fifty two 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 in this behalf expended and have execution therefore.
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**Viewer Page 343** (rcdbook1859_29_0342.jpg)
> Handwritten Page Number on Record Book: 335
**Joseph E Elder et al vs Porter Stewart Co et al garn.**
Moto discharge garnishee James F Gules filed.
Motion to discharge garnishee A O Brannin & Co filed.
**J W Newland vs 152 Singleton Paxton**
On motion of garnishees Francis Whittaker and S H Jenkens, by attorney, it is ordered by the Court that they be discharged hence at plaintiffs costs and that execution issue therefore. Five dollars is allowed each for appearing herein.
**Ezekiel M Campbell, John Crain, and Wallace W Blackman vs 83 Cary Gratz, Andrew J Alexander, and Joseph O Shelly**
On bill of exchange.
Now come the plaintiffs, by their attorney, but the defendant, 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 foundedthat the defendant are indebted to the plaintiffs in the sum of two thousand one hundred and forty seven dollars and ninety five cents. It is therefore considered by the Court that the plaintiffs recover of the defendants to the debt aforesaid in form aforesaid as found and also their costs herein expended and have thereof execution.
**Ezekiel M Campbell, John Crain, and Wallace W Blackman vs 84 Cary Gratz, Andrew J Alexander, and Henry H Gratz**
On bill of Exchange.
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, but the defendants although duly warned 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 defendant are indebted to the plaintiffs in the sum of twenty one hundred and forty five dollars and twenty six cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefore.
**John B Valle trading under the name style of John B Valle and Company vs 474 Michael S Cerre**
Now comes the plaintiff, by his attorney and suggests to the Court the death of the defendant, Michael S Cure, since to commencement of this suit which is not denied; thereupon comes Chavin V Le Beau Executor of said Cere, by his attorney, and enters his appearance as defendant in this action.
**John Williams vs 737 Steam Boat David Tatum**
On motion of the defendant, by its attorney, a dedimus is awarded it to Illinois.
**Robert Thornburgh et al vs 759 Steam Boat David Tatum**
On motion of the defendant, by its attorney, a dedimus is awarded it to Illinois.
**Thomas Boylan et al vs 798 Steam Boat David Tatum**
On motion of the defendant, by its attorney, a dedimus is awarded it to Illinois.
**August Geist vs 178 Philip Walther**
Plaintiff by leave of Court files interrogatories herein.
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> Handwritten Page Number on Record Book: 336
**Thomas G Comstock vs 186 John M Wimer and James Castello**
On note.
Now comes the plaintiff, by his 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 plaintiff in the sum of six hundred and fifty four dollars and fifty one 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: and it is ordered by the Court that this judgment bear interest at the rate of ten per cent per annum from this date until paid.
**Louis C Billon vs 336 William Hassinger and George J Ring**
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, George J King, but the defendant, William Hassinger, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed; and the Court find from the instrument in writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of five hundred and sixty four dollars and seventy 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 in this behalf expended and have execution therefor.
**Newton S Gay et al vs 317 Neptune Ins Co**
Answer filed.
**Newton S Gay et al vs 328 Conway Fire Ins Co**
Answer filed.
**Newton S Gay et al vs 329 State Fire Ins Co**
Answer filed.
**Geo W Cline et al vs 204 John Mathew**
Answer filed.
**Charles Y Reeder vs 118 Thomas P Shallcross**
Answer filed.
**Eleager P Pettes vs W Cook and Geo Matthews garn.**
Answer filed.
**John D Daggett vs Heinrich Buesmeyer et al**
Maria Inn Zimmerer garnishee files an answer herein.
**Henry Pettes vs W Cook & Geo Matthew garn.**
Answer filed.
**Robt Davis et al vs 276 Jas S Sullivan et al**
Answer filed.
**St Louis Building Savings Association vs 378 Joseph La Barge Jr et al**
Plaintiff files a motion to strike out part of answer.
**William L Ewing et al vs Daniel T Wright and Turner Maddox garnishees of Louis Butterfield**
Satisfaction.
Now come the plaintiffs, by their attorney, and acknowledge to have received full and entire satisfaction of the judgment herein.
**Jno P Gould et al vs Jno G Priest et al**
Bill of Exceptions filed.
**Alfred M Farley vs 14 E W Barnes et al**
Demurrer filed.
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**Viewer Page 345** (rcdbook1859_29_0344.jpg)
> Handwritten Page Number on Record Book: 337
**Joseph O Sawyer vs 342 John Hogan et al**
Dismissal.
On motion of the plaintiff, by his attorney and with the consent of defendants, it is ordered by the Court that this cause be dismissed at defendants costs and that execution issue therefore. Plaintiff by leave of Court withdraws the note and protest herein.
**The Mechanics Bank vs John Borell and Christopher Nieman**
Plaintiff, by attorney, remits to defendants the sum of one dollar part and parcel of the judgment rendered herein.
**Henry N Hart vs Benjamin F Beasley**
Interrogatories filed by leave.
**W C Walker et al vs 80 Chas Curtis**
Answer filed.
**Amelia Carman admr vs 678 Wm Etherton**
Motion for judgment filed.
**William Graham vs 113 Joseph Davis**
Answer filed.
**Christian Bachman vs 171 John Schneider**
Motion for security for costs filed.
**Anna Chilton vs 188 John Chilton**
Reply filed.
**Christian Bachman no. 172/2 John Schneider**
Motion for security for costs filed.
**West Richardson vs 414 James George**
On account.
Now come the parties, by their respective attorneys, and also come a Jury to wit; Otis West, A Fisher, C E King, John Griffith, F Ringling, Peter Sharkey, C Muller, N Covington, Patrick Hart, A L Roland, William H Finch, & F Suhr, twelve good and lawful men who being duly elected tried and sworn the issues herein joined well and truly to by the trial progress and being finished the Jurors retire to consider of their verdict.
---
**Viewer Page 346** (rcdbook1859_29_0345.jpg)
> Handwritten Page Number on Record Book: 338
Court met pursuant to adjournment. Present as before.
**Horatio N Heald vs 425 John Sigerson et al**
Continued on affidavit at defendants costs.
**Newton Y Gay et al vs 423 The Great Western Fire and Marine Ins Co**
Answer filed.
**Newton Y Gay et al vs 424 The Farmers Ins Co**
Answer filed.
**Eben Goodwin et al vs 273. Patrick Long**
By leave of Court the Sheriff amends his return herein.
**Marine Bank of Chicago vs 424 James R Bull**
Continued on affidavit at defendants cost.
**Caroline Bohn vs 433 Fredk Bohn**
Continued by consent.
**West Richardson vs 414 James George**
On account.
Now come again the parties, by their respective attorneys, and also come the Jurors, empanelled and sworn herein, and being agreed upon a verdict upon their oaths say they find for the defendant and assess his damages at seventeen dollars. It is therefore considered by the Court that the plaintiff take nothing by hi suit in this behalf but that the defendant go thereof without day and recover of the plaintiff the damages aforesaid as found and also his costs herein expended and have execution therefore.
**In the matter of the application of William E Wilson for Deed from Thomas E Courtenay Sheriff for property sold by M S Cure late Sheriff, deceased**
Order on Sheriff to execute Deed.
Now comes William E Wilson and the Court having heard his application at this day filed for a deed herein and being satisfied that the purchase money for the real estate sold as mentioned in said application has been properly paid doth order that Thomas E Courtenay now Sheriff of St Louis Country do proceed to execute and acknowledge a deed to the said William E Wilson for the said real estate which said deed shall recited the facts pertaining to this proceedings.
**Jesse Arnot vs Jno A Goodlett garns**
Answer filed.
**Thomas L Clarke et al vs 418 A Titus**
Continued.
**Joshua W Owings vs 136 Kenneth Mackenzie**
Assignment of judgment filed.
**Joshua W Owings vs 137 Kenneth Mackenzie**
Assignment of judgment filed.
---
**Viewer Page 347** (rcdbook1859_29_0346.jpg)
> Handwritten Page Number on Record Book: 339
**John Whitehill and John W Hathaway vs 448 John Kopp**
Order of Publication.
On motion of the plaintiffs, by their attorney, it is order that the defendant be notified that a civil action has been commenced against him for the sum of eight hundred and sixty me dollars and forty nine cents, on account of three promissory notes executed and delivered by the defendant to the plaintiffs, under the name of John Whitehill and Company, and that his property has been attached, and unless he appear at the next teem of this Court to be begun and held at the City of St Louis within and for the Country of St Louis, on the last Monday of September 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 Republican a newspaper printed and published in the City of St Louis.
**William Hoffmeister vs 439 John Lady et al**
Continued by consent.
**Thomas L Clarke et al vs 829 John B Valle garns**
Continued
**Caspar Wieganel vs 449 James Coff et al**
Continued as on affidavit at plaintiffs costs.
**Lemuel H Paston et al vs Henry Bussmeyer**
On motion of garnishees, John Nicholi and Henry Stuckenberg, by their attorney it is ordered that they be discharged hence, for want of interrogatories, at the plaintiffs costs and that execution issue therefor. The sum of five dollars is allowed each of them for appearing herein.
**George Peabody et al vs 167 Daniel D page et al**
On motion of the plaintiffs, by their attorney, it is ordered by the Court that the interlocutory judgment herein be set aside and vacated.
**State use of John Matthews vs 566 James Coff et al**
Defendants file an answer and an exhibit herein.
**Francis Fitzgerald vs 387 Brannock Jones et al**
Defendant Maguire files an answer herein.
**Hugh McKown et al vs 388 Brannock Jones et al**
Defendant Maguire files an answer herein.
**Thomas B Rennell vs 176 Adam Kilbnger**
On motion of garnishee, Bernard Rice, by his attorney, it is ordered that he be discharged, for want of interrogatories, at plaintiffs costs and that execution issue thereof. Five dollars are allowed for appearing.
**Charles Walker vs 385 J W Farlin and John B parsons**
On motion of defendant, Farlin, by his attorney, one week additional time is given him to answer.
---
**Viewer Page 348** (rcdbook1859_29_0347.jpg)
> Handwritten Page Number on Record Book: 340
**Robert Davis vs 278 John W Thornton et al**
On motion of the defendants, by their attorney, ten days are given them to answer herein.
**Henry Homan et al vs 450 Newton S Gay et al**
Continued on affidavit at defendants costs.
**David Rokohl et al vs 193 George W Jope et al**
Affidavit of Thomas A Reese lairing property attached filed.
**Chas K Baker et al vs 422 John Bucter**
Continued.
**John Loler vs 320 John Cool**
Demurrer filed.
**Henry S Parker and James H Parker vs 344 Edward Boyle and John Reilly**
On Notes.
Now come the plaintiffs, by their attorney, and dismiss this suit as to the defendant, Edward Boyle, but the defendant, John Reilly, although duly called still makes default, wherefore the Court finds from the instruments in writing on which this action is founded that the said defendant is indebted to the plaintiffs in the sum of four hundred and twenty six dollars and thirty five cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefore.
**James Cohick administrator of the estate of David M Martin vs 443 Robert N Martin**
On note.
Now comes the plaintiff, by his attorney, but the defendant 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 plaintiff in the sum of six hundred and thirty five dollars. 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 therefore.
**William H Conway vs 231 Thomas Campbell and George B Michael**
On note.
Now comes the plaintiff, by his attorney, and by leave of Court first had files an amended petition, and dismisses this suit as to the defendant, Thomas Campbell, but the defendant, George B Michael, 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 plaintiff in the sum of ten hundred and fifty two dollars and sixty six 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 therefore.
**Horatio N Heald vs Sigerson and Taylor**
Depositions for plaintiff opened and filed.
**Otis West vs 383 Brannock Jones et al**
Motion to strike out answer of Jones filed.
---
**Viewer Page 349** (rcdbook1859_29_0348.jpg)
> Handwritten Page Number on Record Book: 341
**The St Louis Building and Savings Association. vs 452 The Saint Louis Alton and Chicago Rail Road Company**
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 defendant is indebted to the plaintiff in the sum of eight hundred and fifty one dollars and forty 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 its herein expended and have execution therefore.
**D Devlin et al vs 660 Thomas Richards**
Dismissal.
On motion of the plaintiff, by their attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefore: by leave of Court Plaintiffs withdraw the note sued on.
**Thomas L Clarke et al vs 418 A Fitus**
Proof of Publication.
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.
**Louis Engle administrator vs 76 John L Bernicker and wife**
Samuel A Bennett Commissioner, files his report notes of testimony and exhibits.
**Geo W Tennille vs 141 James E Munford administrator of Cypican M Clamorgan and Magennis Clamorgan**
On motion of the defendant, by his attorney, fifteen days additional time are given him to answer herein.
**Robt M Barclay vs 891 St Louis Lumbermen Mechanics Ins Co**
Demurrer filed.
**Jno Lowry vs 505 St Bt Henrietta**
Motion to strike out answer filed.
**Daniel Naughton vs 365 Francis P Burke**
Answer Counter claim filed.
**Jno F Mauntel et al vs Jacob Schneider**
Interrogatories filed.
**Carlos S Greelay et al vs 449 The Southern Bank of St Louis**
Demurrer filed.
**Jno M Krum et al vs 402 Herman Beisson et al**
Motion to strike out answer and for judgment fileds.
**Charles Cavaroc et al vs 433 Kenneth Mackenzie**
On motion of the plaintiffs, by their attorney, it is ordered by the Court that unless the defendant answers herein within three days a judgment by default shall be rendered against him.
---
**Viewer Page 350** (rcdbook1859_29_0349.jpg)
> Handwritten Page Number on Record Book: 342
court met pursuant to adjournment. Present as before.
**Richard A Field et al vs 282 Justus Held**
Demurrer filed.
**Robt M Barclay vs 891 St Louis Lumbumen & Mechanics Ins Co**
Demurrer filed.
**Peter Curran vs Felix Shields and James Coff**
Order for Deliver.
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 in said affidavit specified 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 defendant and deliver it to the plaintiff.
**Elizabeth Birch assignee vs Enno Sander**
Deposition for plaintiff opened and filed.
**Michel Bourgoin. vs The Pacific Railroad garnishee of John W Seubert**
Order of Citation.
It appearing to the Court, from an inspection of the garnishees answer, that it is therein admitted that the defendant John W Seubert, prior the garnishment, recovered a judgment against the garnishee for two thousand dollars, andit being alleged that said judgment was by said Seubert, prior to the garnishment, assigned to one Thomas Gauss, and it appearing to the Court that the plaintiff disputes the validity of said assignment, it is therefore, on motion of plaintiffs attorney, ordered by the Court, that the said Thomas Gauss appear on or before the first Monday of April next and sustain his claim to said judgment alleged to have been assigned to him.
**Louisa A Gilmore vs 188 Andrew Gilmore**
Dismissal.
On motion of the plaintiff, by her attorney, it is ordered by the Court that this suit be dismissed.
**Robert Scanlan et al vs 89 Stephen Hoyt et al**
On motion of the defendants, by their attorney, fifteen days additional time are given them to answer herein.
**John S Thompson vs 67 Augustus W Eberhard**
Answer filed.
**Cornwell Sage vs 294 John M Wimer**
Answer filed.
**August Giese vs 178 Philip Walther**
Plea in statement filed.
**Andrew J Corn vs 189 Benj H Batte**
Answer and set off filed.
**George B Waldron et al vs 241 William Dixon**
Answer filed.
**Henry C Leach vs 323 Philip Walther**
Answer filed.
**State use of Geo Bailey vs 382 C Rodney Montague et al**
Answer filed.
**Galen Eastman vs 366 Perry Fenlason et al**
Answer filed.
---
**Viewer Page 351** (rcdbook1859_29_0350.jpg)
> Handwritten Page Number on Record Book: 343
**Griffin P Theobald et al vs 150 Caesar R Montague**
Demurrer filed.
**Jonathan O Pierce vs 262 Edwin May et al**
Answer of J D Low filed.
**Frederick Lear vs 229 Oliver T Bragg et al**
Answer filed.
**Charles Wiggins vs Napoleon R Mullikin**
Answer filed.
**Moses D Palmer vs 476 Alonzo D Fassett and Edward D Crossman**
On Draft.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant Crossment, but the defendant, Fassett, although duly called still makes default, wherefore 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 a one hundred and ninety seven dollars and seventy one 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 in this behalf expended and have execution therefor.
**James R Graham et al vs 31 Oliver Y Watt**
On motion of the defendant, by his attorney, one week additional time is given him to answer.
**Samuel Jacoby vs 459 James Coff**
Motion to strike out petition filed.
**Jos H Yates vs 215 Charter D K Life Ins Co**
Answer filed.
**Max Dietrich vs 9 John I Murdock et al**
Defendants Murdock and Dickson file an answer herein.
**Hugh F O Conner vs 361 Peter I Hurck**
Defendant files an answer and a motion for security for costs.
**Joshua W Owings vs 481 Lorenzo P Sanger et al**
Plaintiff by leave of Court files an amended petition and defendant file a demurrer thereto.
**Henry Hitchcock Receiver vs 564 Ezra O English et al**
Assignment of judgment filed.
**The Mechanics Bank vs 266 Philipp Schladtweiler et al**
Defendants Klein and Wegnnan file an answer herein.
**The Boatmans Savings Institution vs 689 The Bank of the State of Missouri**
Plaintiff files an amended petition herein.
**The Boatmans Savings Institution vs 722 The Bank of the State of Missouri**
Plaintiff files an amended petition herein.
---
**Viewer Page 352** (rcdbook1859_29_0351.jpg)
> Handwritten Page Number on Record Book: 344
**James Clemens Jr vs 460 George W Davis**
On motion of the defendant, by his attorney, one week additional time is given him to answer.
**Penelope Allen vs 461 George W Davis**
On motion of the defendant, by his attorney, one week additional time is given him to answer.
**John H Ferguson vs 351 Joseph Garneau**
Dismissal.
Now come the parties, by their, respective attorneys, and in accordance with the agreement hereto fore filed herein it is ordered by the Court that this cause be dismissed each party paying his own costs and that execution issue therefor.
**Zalmon Taylor et al vs 142 Morris D Myers**
On motion of the plaintiffs, by their attorney, a dedimus is awarded them to the State of Louisiana.
**Morris D Myers vs 167 Zalmon Taylor et al**
On motion of the defendants, by their attorney, a dedimus is awarded them to the State of Louisiana.
**Samuel A Bennett Receiver vs 201 Alexander L Tyler**
Demurrer filed.
**Geo Bailey vs 194 Jno Bryant**
Answer filed.
**Hannibal and St Joseph Rail road Company vs The Pennsylvania Ins Co, Common wealth Ins Co, Quaker City Ins Co, Neptune Ins Co, and Geo K Budd garnishees.**
Now come the said garnishees and file answers to the interrogatories propounded to them.
**Isham Shaw vs 456 Augustus H Evans**
Answer filed.
**Julia Shaw vs 457 Augustus H Evans**
Answer filed.
**Lewis Emmons vs 26 A B Fenton et al**
Answer to amended petition filed.
**Louis G Picot vs 362 Wilson Guion et al**
Answer filed.
**John Garrison et al vs 578 William A Bassett et al**
On motion of the defendants, by their attorney, a dedimus is awarded them to Kansas Territory.
**John J Schuler vs 665 Henry Klunk et al**
The defendants motion for security for costs being heard and fully considered by the Court is overruled. Leave is given the defendant to sue as a poor person.
**John C Ivory vs 409 Francis J Smith et al**
The time for answering herein is extended ten days.
---
**Viewer Page 353** (rcdbook1859_29_0352.jpg)
> Handwritten Page Number on Record Book: 345
**Samuel Hamill et al vs 453 William Poos**
Continued as on affidavit at plaintiffs costs.
**State of Missouri to the use of John Young vs 570 Theodore Hesselmeyer et al**
The motion for security for costs herein being heard and fully considered by the Court it is ordered that the plaintiff file a goods and sufficient bond for costs within ten days.
**Caspar Kuendig vs 177 John H Detart**
Answer filed.
**Russell Scarrett et al vs 484 Henry E Rhoads**
Answer filed.
**Francis Fox vs 442 City of St Louis**
Demurrer filed.
**Harvey Jones vs 187 Lorenzo H Cordry**
Answer filed.
**Leonard R Sargent vs 6 WM W Morris et al**
Motion for security for costs filed.
**James D Fraser vs 868 J A Ubsdell et al**
Reply filed.
**Ozro Collins vs 493 James M Clark Et al**
Answer filed.
**Joseph Glenny vs 866 Cornelius Voorhies et al**
Answer filed.
**Pennsylvania Ins Co vs 148 Geo W Willard**
Demurrer filed.
**State use of Hempstead vs 738 Felix Costs et al**
Answer filed.
**Alfred M Farley et al vs 120 Thomas S Bryant**
The motion for assessment of damages and the value of property being heard and fully considered by the Court is sustained, and it is ordered that this cause be set for trial on the trial docket for such assessment.
**William L Ewing et al vs 306 Louis Butterfield**
The defendant motion for a new trial being heard and fully considered by the Court is overruled.
**Chas J Norbury et al vs John Holmes et al**
Depositions for plaintiffs opened and filed.
**Mary R Dufresne vs 312 Henry Dirlam et al**
The demurrer to the petition being heard and fully considered by the Court is overruled.
**Edward P Tesson vs 783 Lyman S Elliott**
Plaintiff by leave withdraws the note sued on and files a copy thereof.
**Edward J Glasgow et al vs 250 Joshua H Alexander**
Defendant files an answer herein.
---
**Viewer Page 354** (rcdbook1859_29_0353.jpg)
> Handwritten Page Number on Record Book: 345
**Frederick Dutchman vs 224 Matthew Rippey et al**
The defendant motion for security for costs being heard and fully considered by the Court is sustained. Fifteen days are given to file security.
**Thomas J Hilton vs 331 Henry Tirrell**
Answer filed.
**James Kehoe vs 29 Geo W Manning et al**
Answer filed.
**John Sandbach vs 69 Thomas Wall**
Answer filed.
**John Loler vs 320 John Cool**
Demurrer filed.
**Robert L McGhee vs 263 Benjamin F Compton et al**
Reply filed.
**Jas C Bailey et al vs 253 Horace A Conant**
Answer fileds.
**Exchange Mutual Marine Ins Co vs 285 Louis Pechmann et al**
By consent of parties, the interlocutory judgment herein against the defendant, Louis Pechmann, is set aside and vacated; and by like consent said Pechmann files an answer.
**Samuel Gaty vs 149 St Louis Alton and Chicago Rail Road Company**
Said defendant files a plea in abatement.
**John D Daggett vs The Pennsylvania Ins Co garn.**
Said garnishee files an answer to Interrogatories.
**Alexander Kelsey vs The Pennsylvania Ins Co garn.**
Said garnishee files an answer to Interrogatories.
**John Renfrew et al vs The Pennsylvania Ins Co garn.**
Said garnishee files an answer to Interrogatories.
**August Geise vs The Pennsylvania Ins Co garn.**
Said garnishee files an answer to Interrogatories.
**John O Fallon vs 283 John Sheehan et al**
The motion for security for costs herein is overruled.
**The St Joseph Insurance Company vs 416 Henry Switzer et al**
Answer of Switzer and Carson filed.
**Francis Fitzgerald vs 387 Branneck Jones et al**
Answer of defendant Jones filed.
---
**Viewer Page 355** (rcdbook1859_29_0354.jpg)
> Handwritten Page Number on Record Book: 347
**Charles F Meyer and Frederick W Meister vs J Ulrich Weiss**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and also comes the defendantand file a statement in writing, duly verified by affidavit, whereby he confesses himself indebted to the plaintiffs in the sum of two hundred and ninety dollars and one cent and authorizes the entering up of 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 debt aforesaid in form aforesaid as confessed and also their costs herein expended and have execution therefor.
**Lucy Ann Bradley vs 5 Charles Bradley**
Order of Publication.
The plaintiff files a petition and affidavit from 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 her attorney, it is ordered 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 on the ground of desertion, and that 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 last Monday of September next, and on or before the sixth day thereof answer to the action aforesaid according to law the petition herein will be taken against him as confessed; 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.
**John Loler vs 321 John Cool et al**
Proof of Service.
Now comes the plaintiff, by his attorney, and files proof satisfactory to the Court of service of notice of suit and copy of petition upon defendant, Abel Janney.
Peter Wegman, Marshall of St Louis County, comes in open Court and acknowledges the execution of a deed by him as such Marshall in favor of Archibald Carr and Mortimer Kenneth for all the right, title, interest, claim, estate and property of Roger Scannell of in and to a certain piece or parcel of ground situated in the City and County of St Louis State of Missouri viz, Lot number twenty (20) in Block four (4) in William C Carr addition to the City of St Louis containing twenty five (25) feet front by one hundred and fifty three ten inches (153 11/12) feet deep more or less on the South side of Biddle Street, between nineteenth and twentieth streets in the City and County of St Louis together with all the improvements and appurtenances thereon: Sold under and by authority of an execution issued from the Office of the Clerk of the St Louis Law Commissioners Court in favor of Archibald Carr and Mortimer Kenneth against Roger Scannell dated the 20th day of September A D 1859.
**Thomas Allan et al vs 386 St Louis and Iron Mountain Rail Roads**
On motion of the defendant, by its attorney, two weeks additional time are given said defendant to answer.
**Christian Muetzgar vs 218 Peter Wegman et al**
Answer filed.
**Anson Carty vs 159 Ann Carty**
Answer filed.
**Marguerite Penier vs 314 Francis A Bevier**
Petition for alimony, pendent lite filed.
**John D Daggett vs Heinrich Bruesmeyer et al**
By leave of Court the Sheriff amends his return on the execution herein by showing service of summons as garnishee upon Marie A Zimmermann, and plaintiff files interrogatories to said garnishee.
---
**Viewer Page 356** (rcdbook1859_29_0355.jpg)
> Handwritten Page Number on Record Book: 348
Court met pursuant to adjournment. Present as before.
**Charles Wall, Samuel W Truslow and William Wall Jr vs 473 James O Carson and Nicholas Springer**
On Notes.
Now come the parties, by their respective attorneys, and the defendants withdraw their answers and the parties consent and agree that judgment may be rendered against the defendant in favor of the plaintiffs for the sum of twenty two hundred and forty eight dollars and forty one cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**The Mechanics Bank vs Luther Case and Henry Pitcher**
On note.
Now comes the plaintiff by its attorney, but the defendant, Luther Case, although duly summoned and called comes not but make default, wherefore the petition herein is taken against him as confessed; and the other defendant, Pitcher, although called still makes default; 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 four dollars and eighty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt the debt aforesaid in form aforesaid as found and also its costs herein expended and have execution therefor: and the plaintiff acknowledges the receipt of full and entire satisfaction of the above judgment, and by leave of Court first obtained withdraws the protest and note suedon.
**William H Wallace vs 462 William Simshauser et al**
Continued as on affidavit at plaintiffs costs.
**State use of Dentelmoser vs 468 Joseph Stecker et al**
Continued by consent.
**Adolphus Meier and John C Rust vs 413 Philip Werber**
On Note.
Now come the plaintiffs, by their attorney, but the defendant, 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 defendant is indebted to the plaintiffs in the sum of one hundred and sixty eight dollars and thirty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**Robert Causse et al vs 164 William H Bassett et al**
On motion of the plaintiffs, by their attorney, fifteen days are given to file an additional attachment bond herein.
**James A Goodrich, Peter H Willard, and Albert A Child vs 456 Baylis Chamblin**
On Note.
Now come the plaintiffs, by their attorney, and the defendant by his attorney, also comes and withdraws his answer, and the parties agree that judgment may be rendered herein in favor of the plaintiffs for the sum of four hundred and seventy dollars and twelve 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 their costs herein expended and have execution therefor: and it is ordered by the Court that this judgment bear interest at the rate of ten per cent per annum from the date until paid.
---
**Viewer Page 357** (rcdbook1859_29_0356.jpg)
> Handwritten Page Number on Record Book: 349
**David Rokohl et al vs 193 George W Tope et al**
By leave of Court the Sheriff amends his return herein.
**William F Hazard vs 487 Joseph Hyman and Nathaniel Gunn**
Default.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called come not but make default, wherefore the petition herein is taken against them as confessed. On motion of the garnishees, Harding Given and Company, by their attorney, it is ordered that they be discharged for want of interrogatories, at the plaintiffs costs and that execution issue therefor.
**Major C Cheatham vs 82 Isaac J Price and James Scarberry**
Default.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called come not but make default, wherefore the petition herein is taken against them as confessed.
**Henry Korhammer vs 173 Frederick A H Garlichs, Nimrod Beck and George W Fisher**
On Note.
Now comes the plaintiff, by his attorney, but the defendant, Fisher, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed; and the other defendants still make default; whereupon 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 Seven hundred and thirty five dollars and forty nine 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 here execution therefor; and it is ordered that this judgment bear interest at the rate of ten percent per annum from this date until paid.
**Samuel Kirkman and John W Luke vs 431 S M Tinsley, Benjamin Bartlett, and Charles Hanson**
On Note.
Now come the plaintiffs, by their attorney, and dismiss this suit as to the defendant S M Finsley and Benjamin Bartlett, but the defendant, Charles Hanson, 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 one hundred and sixty one dollars and eighty cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**William J Pentland vs 72 Thomas J Brown and David G Wilson**
Replevin.
Now comes the plaintiff, by his 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 plaintiff waiving a Jury submits this cause to the Court for assessment of damages consenting that nominal damages be assessed and the Court doth accordingly assess 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 delivered to him by the Sheriff and that he recover of the defendants the damages aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**The Mechanics Bank vs 266 Philip Schladtweiler et al**
Motion for judgment by default not with standing answer filed.
**Reuben Loeb et al vs 94 Morris Cahn et al**
The plaintiffs file a motion to strike out the answer herein.
---
**Viewer Page 358** (rcdbook1859_29_0357.jpg)
> Handwritten Page Number on Record Book: 350
**Sebastian Bopp vs 142 Jesse Arnot and Anderson Arnot**
Replevin.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant Anderson Arnot, but the defendant Jesse Arnot, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed; and the plaintiff waiving a Jury submits the assessment of damages to the Court, consenting that the same be nominal, and the Court doth accordingly assess his damages at the sum of one cent. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor, and that he retain possession of property delivered to him by the Sheriff.
**James W Booth and son vs 33 James W Saynisch**
Leave is given the Sheriff to amend his return, which is accordingly done.
**Lewis Downing et al vs 41 John M Hockaday et al**
Proof of Publication.
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.
**Lorenzo P Haws et al vs James H Patterson garns**
Answer filed.
**Geo G Samuel vs 445 Geo W Manning et al**
Answer filed.
**George Partridge, James Smith, William H Smith and Henry S Reed vs James M Quoid and Louis Charleville**
On Bill of Exchange.
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, and dismiss this suit as to the defendant, Louis Charleville, but the defendant, James M Quoid, 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 twenty five hundreds and fifty eight 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 also their costs and charge herein expended and have execution therefor against the property attached.
**City of Carondelet vs 51 William M McPherson**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at defendants costs and that execution issue therefor.
**George B Murray vs 360 Philip D Gordon and Joshua Fine**
On note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Philip D Gordon, but the defendant, Joshua Fine, 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 plaintiff in the sum of five hundred and forty nine dollars and sixty one 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: and it is ordered by the Court that this judgment bear interest at the rate of ten per cent per annum.
**William O Oborne vs 213 Leander Lawrence**
The defendant files an answer herein.
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**Viewer Page 359** (rcdbook1859_29_0358.jpg)
> Handwritten Page Number on Record Book: 351
**Exchange Mutual Marine Insurance Company vs 286 Lorenz Schlenker et al**
Default.
Now come the plaintiff, by its attorney, but the defendant, Dominique Stock, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Exchange Mutual Marine Insurance Company vs 285. Louis Pechmann et al**
Default.
Now comes the plaintiff, by its attorney, but the defendant Dominique Stock, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Missouri A B McDonald by her next friend Wm McCaw vs 209 William McDonald**
Default.
Now comes the plaintiff, by her attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Daniel G Taylor et al vs 182 The City of St Louis**
Default.
Now come the plaintiffs, by their attorney, but the defendant although duly summoned and called comes not but makes default wherefore the petition herein is taken against it as confessed.
**Henry S Baldwin vs 145 Ozro Collins et al**
Default.
Now comes the plaintiff, by his attorney, but the defendant, Daniel Miller, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**William Schergens vs 454 Charles Marlow**
On account.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; William H Gilman, Nicholas Enoch Vaughn, Frank Overstottz, L A Riddle, Hugh M Kittrick, Theodore Bartel, Henry P Sherburne, D Scharinghavsen, John Brohanemer, John Paul and William Koenig, twelve good and lawful men who being duly elected, tried and sworn well and truly to enquire into and assess the plaintiffs damages the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they assess the plaintiffs damages at the sum of one hundred and fifty one dollars and eighty two cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed, and also his costs herein expended and have execution therefor. The defendant files a motion for a new trial.
**Henry A Keep vs 117 Charles M Monell et al**
Default.
Now comes the plaintiff by his attorney, but the defendants, although duly summoned and called come not but make default, wherefore the petition herein is taken against them as confessed.
**William Bodenhammer vs 447 Charles H Shaafe>**
Default.
Now comes the plaintiff, by his attorney, but the defendant although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Christian Bachmann vs 171 Joseph Schneider**
Now comes the plaintiff, by his attorney, and files a bond for costs with Joseph Mussler as security, which bond is approved by the Court.
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**Viewer Page 360** (rcdbook1859_29_0359.jpg)
> Handwritten Page Number on Record Book: 352
**Christian Bachmann vs 17242 Joseph Schneider**
The plaintiff files a bond for cents with Joseph Mussler, as security which and is approved by the Court.
**Thomas L Clark and Henry L Clark vs 418 A Titus**
On note.
Now come the plaintiffs, by their attorney, and or their motion it is ordered by the Court that the continuance herein be set aside and vacated, but the dependant, although duly warned and called, comes not but makes default, wherefore, on motion of the plaintiffs, it is ordered 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 plaintiffs in the sum of five thousand four hundred and twenty seven dollars and ten cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefore.
**Charles G Mauro vs 436 Henry F Watson et al**
Default.
Now comes the plaintiff, an person, but the defendants Henry F Watson and John M Wimer, although duly summoned and called come not but make default wherefore the petition herein taken against them as confessed.
**Julius Starge vs 240 H Hildenandt**
Default.
Now comes the plaintiff, by his attorney, but the defendants although duly summoned and called come not but make default wherefore the petition herein is taken against him as confessed.
**Robert Davis et al vs 276 James S Sullivan and Simon F Noyes**
Default.
Now comes the plaintiff, 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.
**Edward Hempstead vs 11 Walter H Wills and Luther L Mills**
On Note.
Now comes the plaintiffs, by his attorneys but the Defendants although duly summoned and called comes not the makes default wherefore the petition herein is taken against them as confessed: And the Court find from the instrument in writing on which this action is founded that the Defendant are indebted to the plaintiff in the sum of One Thousand Seven Hundred and Thirteen 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 their costs herein expended and have Execution therefor.
**Edward Chaw Trustee of Eunice D Bull vs 29 Michael S Cerre**
Now comes the plaintiff by his attorney and suggests and them to the satisfaction of the Court that the Defendant has departed this life since the commencement of this suit and an motion of plaintiff. If is ordered by the Court that a summons issue to the legal representative of the said Defendant to the next term of this Court until which time this cause is continued.
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**Viewer Page 361** (rcdbook1859_29_0360.jpg)
> Handwritten Page Number on Record Book: 353
**Edward Chase vs 28 Michael S Cerre**
Now comes the plaintiff by his attorney and suggests and show to the satisfaction of the Court that the Defendant herein has departed this life since the commencement of this suit and on motion of plaintiff. It is ordered by the Court that a summons issue to the legal representatives of the said Defendant to the next Term of this Court until which time this cause is continued.
**Nelson Russell. vs 190 Margaret Russell**
Default.
Now comes the plaintiff, by his attorney, but the Defendants although duly summoned and called come not but make default wherefore the petition herein is taken against him as confessed.
**John C Ivory vs 472 Louis Winkelmaier**
On note.
Now come the plaintiffs, by his attorney, but the Defendant, 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 four hundred and twenty one dollars. It is therefore considered by the Court that the plaintiffs recover of the Defendant the debt aforesaid in form aforesaid as found and also their costs charges herein expended and have execution therefore.
**Stephens Haskell and James M. Franciscus vs 745 Feder Federan**
On Note.
Now come the parties, by the respective Attorneys and waiving a Jury submit the issues tried upon the Defendants plea in abatement to the Court upon the pleading and proofs and the Court having duly heard and considered the same doth find the issues joined upon said plea in abatement in form of the plaintiff and the Defendant failing to plead further herein makes default wherefore the petition is taken against him as confessed And the Court find from the instruments in writing on which this action is founded that the Defendant is indebted to the plaintiff in the sum of Nine Hundred and Thirty Dollars and fifty three cents. It is therefore considered by the Court that the plaintiff recover of the Defendant the Debt aforesaid in from aforesaid an found and also his costs herein expended and have Execution therefor.
**Simon Heiten vs 185 Morris Rosenheim et al**
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 therefore. By leave of Court plaintiff withdraw the protest and rate sued on.
**Henry Conurais vs 480 The Callaway Mining & Manuf'g Company**
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 therefore.
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**Viewer Page 362** (rcdbook1859_29_0361.jpg)
> Handwritten Page Number on Record Book: 354
**John Renfrew et al vs Pennsylvania Ins Co garns and Quaker City Ins Co garns**
On of the said Quaker City Ins Co, by attorney, one week addittional time is given to answer the interrogatories.
**John D Daggett vs The Pennsylvania Ins Co et al garns**
On motion of the Quaker City Ins Co, one of the garnishee herein, one week additional time is given it to answer.
**Alexander Kelsey vs Pennsylvania Ins Co et al garn.**
By leave of Court plaintiff files now and additional interrogatories herein. On motion the Quaker City ins Co, one of the garnishee herein, one week additional time is given it to answer.
**William H Merritt et al vs 461 John Squire**
Dismissal.
On motion of the plaintiff, by their attorney, it is ordered by the Court that this cause be dismissed at his costs and that execution issue therefor.
**Charles L Tucker vs 480 Joseph Hyman and Nathaniel Gunn**
Default.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called come not but make default, wherefore the petition herein is taken against them as confessed.
**Mathias Steitz vs 481 Joseph Hyman and Nathaniel Gunn**
Default.
Now comes the plaintiff, by his attorney, but the defendants, although duly summoned and called come not but make default, wherefore the petition herein is taken against them as confessed.
**Joseph E Elder et al vs 485 Joseph Hyman and Nathaniel Gunn**
Default.
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. On motion of garnishees, Harding Given and Company, by their attorney, it is ordered by the Court they be discharged hence, for want of interrogatories, at plaintiffs costs and that execution issue therefor. The sum of five dollars is allowed said garnishees for appearing to be taxed as costs.
**James Shriver and Joseph Fink vs 484 Alfred M Waterman and Francis Webster**
On Bill of Exchange and Account.
Now come the plaintiffs, by their attorney, and dismiss this suit as to the defendant, Francis Webster, but the defendant, Waterman although duly called comes not but still make default; and the plaintiffs waiving a Jury submit the assessment of damages to the Court upon the proofs and the Court having duly heard and considered the same doth assess the plaintiffs damages at the sum of nine hundred and seventy nine dollars and fifty six cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefor.
**George Kuhl vs 457 John Holmes et al**
By consent of parties this cause is continued to the next term of this Court.
**Joseph E Elder et al vs Porter Slew & Co garns**
Said garnishees file an answer herein.
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**Viewer Page 363** (rcdbook1859_29_0362.jpg)
> Handwritten Page Number on Record Book: 355
**William L Ewing, Albert G Edward, Nathan Cole and Philip W Herman vs 134 Thomas Fitzsimmons and Cornelius Lynch**
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 five hundred and ninety five dollars and ninety cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor: and it is ordered by the Court that this judgment bear interest at the rate of ten per cent per annum.
**William S Horn vs 121 George W Thomas and Raymond A Papin**
On Bill of Exchange and Note.
Now comes the plaintiff, by his 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 instruments in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of five hundred and forty six dollars and sixty two 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.
**Marguerite Perrier by her next friend Mare Gautier vs 314 Francis Auguste Perrier**
Order allowing alimony.
Now come the parties, by their respective attorneys, and submit the plaintiffs application for an allowance of alimony pendent lite to the Court and the Court having duly heard and concidered the same doth order that the defendant pay to the plaintiff for her support and maintenance, the sum of twenty five dollars on the first Monday of March next and a like amount on the first Monday of each and every month there after, until the further orders this court.
**Anna Catharina Weber vs 132 Christian Weber**
Default.
Now comes the plaintiff, by her attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**James M Franciscus vs 236 Brannock Jones and Peter M Papin**
On Note.
Now come the plaintiff, by his attorney, and dismisses this suit as to the defendant, Brannock Jones, but the defendant, Peter M Papin, 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 instrumention writing on which this action is founded that the defendant is indebted to the plaintiff in the sum of Six hundred and thirty three dollars and ninety eight cents. It is therefore considered by the Court that the the plaintiff recover of the defendant the debt aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**Jane Galleger vs 465 Henry Kattelman**
Replevin.
Now come the parties, by their respective attorneys, and also come a Jury to wit; J J Decker, William C Orr, Isaac McPherson, J J Holmes, W McGee, Phil Gebhardt, Charles Weber, Peter Gamache, Charles Beck, J B Monsette, W Watson and William Horn, 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 say they are unable to agree upon a verdict; wherefore it is ordered by the Court that the Jury empanelled and sworn herein be discharged form the further considered of this cause, and that this cause be continued until the next term of his Court.
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**Viewer Page 364** (rcdbook1859_29_0363.jpg)
> Handwritten Page Number on Record Book: 356
**May Hoppe vs 463 Wendel Hoppe**
Dismissal.
On motion of the plaintiff, by her attorneys, it is ordered that this cause be dismissed.
**Alonzo Child et al vs 573 Oliver T Bragg et al**
On motion of the plaintiffs, by their attorney, it is ordered that an alias summons issue herein for defendant, Oliver T Bragg, returnable to the next term of this Court, until which time this cause is continued.
**The Boatmans Savings Institution vs 689 The Bank of the State of Missouri**
On motion of the plaintiff, by its attorney, leaveris given it to withdraw the amended petition herein for the purpose giving it to the defendant to answer; and it is ordered by the Court that the same be refilled by the twenty first instant, Said amended petition is accordingly withdrawn.
**The Boatmans Savings Institution vs 722 The Bank of the State of Missouri**
On motion of the plaintiff, by its attorney, leave is give it to withdraw the amended petition herein for the purpose of giving it to the defendant to answer, and it is ordered by the Court that the same be refiled by the twenty first instant; Said amended petition is accordingly withdrawn.
**Charles L Tucker vs 292 William Fullagar and Wesley Corner**
On Note.
Now come the plaintiff, by his 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 plaintiff in the sum of Eleven hundred and thirteen dollars and eighteen 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.
**Mary E Chaddick vs 129 James B Chaddick**
Proof of Publication. Default.
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; but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Gerard B Allen vs 755 Edward C Krausnick**
Dismissal.
By consent of parties, by their respective attorneys, it is ordered by the Court that this cause be dismissed at defendants costs and that execution issue therefor.
**John Engeler vs 478 Charles F Hoelzle**
On Note.
Now come the parties, by their respective attorneys, and submit this cause to the Court and the Court having duly heard and considered the same doth find that the defendant is indebted to the plaintiff in the sum of one hundred and ninety seven dollars and twenty 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 therefor.
**Samuel Kirkman et al vs 448 William Wade et al**
Now come the defendants, William Wade, Robert Campbell and Adam Stewart and file answers herein.
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**Viewer Page 365** (rcdbook1859_29_0364.jpg)
> Handwritten Page Number on Record Book: 357
**Charles Bachmann vs 171 Joseph Schneider**
Answer filed.
**Christian Bachmann vs 172 1/2 Joseph Schneider**
Answer filed.
**William H Waters vs 164 John C Bull**
The defendant files a motion for security for costs.
**Joseph E Elder et al vs James F Gyles garns**
Answer filed.
**Henry N Hart vs Roger C McAllister garns**
Answer filed.
**Henry Townsley vs 760 Benj S Compton**
Deposition for plaintiff opened and filed.
**David McKee vs 482 Charles Boswell**
On Note.
Now come the parties, by their respective attorneys, and also come a Jury to wit; Samuel Black, Ira T Green, J W Hathaway, John Hunter, J R Boyce, William H Gilman, M Hanson, S A Riddle, William Koenig, Hugh McKittick, Theodore Bartell, and Enoch Vaughn, twelve good and lawful men who being duly elected tried and sworn the issues herein joined well and truly to try the trial progress but not being finished is laid over until tomorrow.
**Thomas L Clarke et al vs 829 Jno B Valle garn.**
It is ordered by the Court that the continuance of this cause be set aside and vacated.
**John B Valle vs 474 M S Cerre's Exr**
Agreement filed.
**Geo G Mathews vs 804 James Duncan**
Amended petition filed.
**Gustavus Koerner et al vs 125 John P Harley**
The defendant motion for a new trial being heard and fully considered by the Court is overruled.
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**Viewer Page 366** (rcdbook1859_29_0365.jpg)
> Handwritten Page Number on Record Book: 358
Court met pursuant to adjournment. Present as before.
**John Cox vs 385 Anthony Cunningham**
On Note.
Now comes the plaintiff, by his attorney, but the defendant, although duly warned 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 defendant is indebted to the plaintiff in the sum of two hundred and forty one dollars and 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 against the property attached.
**Charles Walker vs 385. J W Farlin et al**
Defendant Farlin files an answer herein.
**William Lindsay vs 426 John B Parsons et al**
Defendant Farlin files an answer herein.
**William Lindsay vs 425 Alex Riddle et al**
Defendant Farlin files an answer herein.
**Henry M Buckner, Benjamin E Hall, Daniel G Hatch and David P Buckner vs Frederick A Schmucker and James B Kimball**
**Henry M Buckner, Benjamin E Hall, Daniel G Hatch and David P Buckner. vs 8 Frederick A Schmucker and James B Kimball**
**Bowman C Baker, Nimrod H Sinclair Joel Baker and James P Garvey vs 9 Frederick A Schmucker and James B Kimball**
**Stephen D Grofflin and Stephen G Norrel vs 10 Frederick A Schmucker and James B Kimball**
**Patrick Poland and John Henry vs 11 Frederick A Schmucker and James B Kimball**
**George H Hill, David H Hunnewill, and Joseph S hill vs 12 Frederick A Schmucker and James B Kimball**
**Edward W Tiers, Frank Tiers and John W White vs 14 Frederick A Schmucker and James B Kimball**
**Edward Hendricks vs 636 Frederick A Schmucker and James B Kimball**
**The State of Missouri on the relation and to the use of Samuel Brooks. vs 429 Chauvin V LeBeau Executor of Michael S Cerre, James H Lucas and Henry G Soulard**
It appearing to the Court that Michael S Cerre, late Sheriff of St Louis County made on the sales made in the above entitled causes the net sum of Six thousand six hundred and forty six dollars and ninety eighty cents exclusive of the amount of his costs retained by him out of the gross amount of said sales, the Court, by consent of all the parties to the above suits, by their attorneys, adjudges and orders that said suits be finally disposed of as follows, to wit; out of said money received by said Sheriff said plaintiffs are respectively entitled to the following sums; to wit; Henry M Bucker, Benjamin E Hall, Daniel G Hatch and David P Buckner, two cases, the sum
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**Viewer Page 367** (rcdbook1859_29_0366.jpg)
> Handwritten Page Number on Record Book: 359
Of eleven hundred and fifty one dollars and forty two cents; Bowman C Baker, Nimrod H Sinclair, Joel Baker and James P Garvey, the sum of four hundred and sixty eight dollars, and ninety nine cents; Stephen D Grofflin and Samuel G Norvell, the sum of five hundred and ninety five dollars and eighty cents; Patrick Poland and John Henry, the sum of eighty one dollars and six cents; George H Hill, Daniel H Hunnewell and Joseph S Hill, the sum of one hundred and seventy four dollars and fifty eight cents; Edward W Tiers, Frank Tiers and John W White, the sum of three hundred and fifty dollars; Edmund Hendricks, the sum of Six hundred and thirty six dollars; and said defendants, Frederick A Schmucker and James B Kimball, are entitled to the balance of said sum made by said Sheriff, being a balance of three thousand one hundred and eighty nine dollars and thirteen cents: the Court also, by like consent, adjudge and orders that said defendant, Frederick A Schmucker and James B Kimball, pay all the costs of these suits. It is also by like consent and also the consent of the present parties to the suit of the State of Missouri on the relation of Samuel Brooks against Chauvin V Le Beau Executor of Michael S Cerre, James H Lucas and Henry G Soulard, in said Court, adjudged that said plaintiff recover of said defendants, Chauvin V Le Beau, execcutor of Michael S Cerre, James H Lucas and Henry G Soulard, one cent for his debt and damages and that said plaintiff, Samuel Brooks, pay the Costs of the said suit. It is also ordered and adjudged, by like consent, that the damages adjudged in said last mentioned suit are in full satisfaction of all damages suffered by said Brooks or by said Schmucker and Kimball, or any of them, by reason of any proceeding or act of said Cerre, or his deputies, or any of them, in any suit heretofore brought against said Schmucker and Kimball, or either of them.
**Charles F Wharf vs John G Steininger**
Default.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**St Louis University vs 494 George M Moore**
On motion of the plaintiff, by attorney, it is ordered that an alias summons issue herein returnable to the next term, until which time this cause is continued.
**St Louis University vs 493 William Magill**
On motion of the plaintiff, by attorney, it is ordered that an alias summons issue returnable to the next term until which time this cause is continued.
**John F Mauntel et al vs 40 Heinrich Schmitz**
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called comes not but makes default wherefore the petition herein is taken against him as confessed.
**St Louis University vs 495 Theresa Dickenson**
Default.
Now comes the plaintiff, by attorney, but the defendant, although duly summoned called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**Martin Kaltenbach vs 806 Gottlob Held et al**
The plaintiffs motion to strike out the defendant to answers and for judgment being heard and fully considered by the Court is overruled.
**Alfred Hornbeck vs 26 George A Crawford, Charles Dimon, and William a Judson**
The plaintiff by leave of Court files an amended petition and also an exhibit therewith, and on his motion it is ordered by the Court that an alias writ issue herein returnable to the next term of this Court, until which this cause is continued.
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**Viewer Page 368** (rcdbook1859_29_0367.jpg)
> Handwritten Page Number on Record Book: 360
**David McKee vs 482 Charles Boswell**
On Note.
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein and the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the plaintiff and assess his damages at five hundred and eleven dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor. The defendant files a motion for a new trial.
**James Clemens Jr vs 203 George Frederick**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor. The plaintiff by leave of Court withdraws the exhibit sued on.
**Jacob Blattner vs 174 John Brooks and Horace D Brady**
On Note.
Now comes the plaintiff, by his 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 defendant are indebted to the plaintiff in the sum of three hundred and twenty seven dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found and it his costs herein expended and have execution therefor.
**Samuel Jacoby vs 459 James Coff**
On motion of the plaintiff, by attorney, leave is given him to file an amended affidavit to the petition.
**James Clemens Jr vs 214 Francis Beehler**
Default.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called comes not but makes default wherefore the petition herein is taken against him as confessed.
**The First Ward Savings Institution vs 478 Joseph K Bent, James Sullivan and J R Hardmann**
On Note.
Now comes the plaintiff, by its attorney, and dismisses this suit as to the defendant, Joseph K Bent, but the defendants, James Sullivan, and J R Hardmann, 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 plaintiff in the sum of one hundred and eighty four dollars and fifty one 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 have herein expended and have execution therefor.
**Lorenz Hartmann vs 404 Wilhelm Mugger**
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 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 is indebted to the plaintiff in the sum of three hundred and sixty three dollars and sixty five cents. It is therefore considered by the Court that the said plaintiff recover of said defendant the debt aforesaid in form aforesaid as found and also his costs in this behalf expended and have execution therefor: and it is ordered by the Court that this judgment bear interest at the rate of ten per cent per annum from this date until paid.
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**Viewer Page 369** (rcdbook1859_29_0368.jpg)
> Handwritten Page Number on Record Book: 361
**Constantine Schnew vs 468 Dominique Stock and Joseph Pfeiffer**
On Note.
Now comes the plaintiff, by attorney, and dismisses this suit as to the defendant, Joseph Pfeiffer, but the defendant, Dominique Stock, 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 plaintiff in the sum of two hundred and sixty six 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 also the costs herein expended and have execution therefor.
**Christian G Lohman and Henry Lohman vs 441 James L Sullivan**
On Note.
Now come the plaintiff, by their attorney, but the defendant, 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 plaintiff in the sum of one hundred and fifty six dollars and eighty nine cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also the costs herein expended and have execution therefor.
**The First Ward Savings Institution vs 179 Henry Pilkington, Samuel B Pilkington and Albert K Haltsman**
On Note.
Now come the plaintiff, by their attorney, but the defendant, Albert K Haltsman, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed; and the other defendants, although called, still make default; 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 four hundred and fourteen dollars and thirty six cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also the costs herein expended and have execution therefor.
**The Mechanics Bank vs 350 James W Saynisch et al**
On motion of the plaintiff by attorney, it is ordered by the Court that an alias Summons issue herein. Cause continued.
**Benjamin M Runyan vs 110 John A Bart, Stephen C Jett and James S Jett**
On Note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendants, Stephen C and James S Jett, but the defendant, 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 plaintiff in the sum of fourteen hundred and forty nine dollars and thirty 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: and it is ordered by the Court that this judgment bear interest at ten per cent per annum.
**James W Booth and son vs 33 James W Saynisch**
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called comes not makes default, wherefore the petition herein is taken against him as confessed.
**Edward Hempstead vs Thomas S Scott garns**
Said garnishee files an answer herein.
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**Viewer Page 370** (rcdbook1859_29_0369.jpg)
> Handwritten Page Number on Record Book: 362
**Rogers Brothers Manufacturing Company vs 163 Stephen C Jett and J S Jett**
Default.
Now comes the plaintiff, by its attorney, but the defendants, although duly summoned and called, come not but make default, wherefore the petition is taken against them as confessed.
**Thomas B Brown vs 465 E C Bosworth**
The defendants demurer to the plaintiffs petition being heard and fully considered by the Court is sustained.
**William Zeil vs 345 Herman Bergesch**
The defendants demurer to the plaintiffs petition being heard and fully considered by the Court sustained.
**William W Holloway vs 64 George S Thompson**
On Note.
Now comes the plaintiff, by his attorney, but the defendant, 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 plaintiff in the sum of ten hundred and forty four dollars and fifty 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.
**Lemuel H Paston et al vs 185. Henry Buesmeyer**
On motion of the garnishee, Joseph Kaufer, by his attorney, it is ordered that he be discharged hence for want of interrogatories, at the plaintiffs costs and that execution issue therefor. Five dollars are allowed for appearing.
**James T Scott vs 306 Jacob L Lewinsky**
On Notes.
Now comes the plaintiff, by his attorney, but the defendant, 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 instruments in writing on which this action is founded that the defendants indebted to the plaintiff in the sum of one hundred and eighty five dollars. 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.
**Mathias Zumsteg vs 412 Johanna Zumsteg**
Default.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called come not but makes default, wherefore the petition herein is taken against her as confessed.
**Charles Collins, Samuel N Kellogg, Elias B Kirby, Charles B Kirtland and Bernard Goldsmith vs William Pooe**
On Note. Now suit.
Now come the parties, by their respective attorneys, and waiving a Jury submit this cause by consent to the Court upon the pleadings and proofs and the trial thereupon progresses but the plaintiffs say they will not further prosecute their suit in this behalf but voluntarily suffer a non suit with leave to move to set the same aside. 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 said plaintiffs his costs and charges in this behalf expended and have thereof execution. Thereupon plaintiffs file a motion to set aside nonsuit.
---
**Viewer Page 371** (rcdbook1859_29_0370.jpg)
> Handwritten Page Number on Record Book: 363
**The Building and Savings Institution vs 379 L J Suart, Michael Chartrand, and Richard J Howard**
On Note.
Now come the plaintiffs, by its attorney, and on its motion leave is given the Sheriff to amend his return by showing service upon defendant, Howard, which amendment is accordingly made; but the defendant, 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 plaintiff in the sum of three hundred and fifteen 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 its costs herein expended and have execution therefor.
**Charles M Laven vs 490 Jacob Rosenbaum**
Petition.
Now come the parties, by their respective attorneys, and also come a Jury to wit; H P Sherburne, D O Schaning Hausen, J Bohannon, John Paul, J J Decker, Isaac McPherson, J J Holmes, W McGee, Phil Gebharadt, Peter Gamache, Charles Becker and J B Monsette, 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 say they find for the defendants. 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 plaintiffs files a motion for a new trial.
**Sun Mutual Ins Co vs 298 Sigismund R Mendell et al**
Answer filed.
**Jos E Elder et al vs A O Brannon & Co garn.**
Answer filed.
**Asa S Jones vs 833 Thomas Campbell et al**
Defendant Michael, by leave of Court files answer herein.
**Rollin Richmond vs 377 Brannock Jones and P M Papin**
On Note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Brannock Jones, But the defendant although duly summoned and called comes not but makes default, wherefore the petition herein is 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 seventy four dollars and fifty 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.
**George T Camp and Charles E Maurice vs 335 Henry F Watson, John M Wimer, and Thomas Campbell**
On Note.
Now come the plaintiffs, by their attorney, and dismiss this suit as to the defendant, Thomas Campbell, but the defendants, Henry F Watson and John M Wimer, 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 three hundred and sixteen dollars and fifty six cents. It is therefore considered by the Court that the plaintiffs recover of the defendants to the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor: Judgment to bear interest at ten per cent per annum.
**Geo G Presbury vs 504 Thomas Campbell et al**
Defendant, Michael, by leave of Court, files an answer herein.
---
**Viewer Page 372** (rcdbook1859_29_0371.jpg)
> Handwritten Page Number on Record Book: 364
**Lawrence Pegolt vs 381 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 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 defendant are indebted to the plaintiff in the sum of four hundred and thirty four dollars and fifty cents. It is therefore considered by the Court that the plaintiff of the defendants the debt aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**Mary Henessey vs 245 William Henessey**
Default.
Now come the plaintiff, by her attorney, but the defendant, although duly summoned and called comes not but makes default nor has he answered herein, wherefore the plaintiffs petition is taken against him as confessed.
Court met pursuant to adjournment. Present as before.
**John J Anderson, Reuben L Anderson, and Erastus Gaylord vs Michael Burrows, and Addison G Bragg**
On Note.
Now come the plaintiffs, by their attorney, and on their motion the attachment maid is dismissed; and the suit is dismissed as to the defendant, Bragg, and the plaintiffs confessing the counterclaim set up in defendants answer, moves the Court for judgment, which motion is after due consideration by the Court sustained; and the Court finds that, after deducting the counterclaim, the defendants indebted to the plaintiffs in the sum of five hundred and seventy five dollars and ninety three cents on account of the instrument of writing on which this action is founded. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**David W Fenton et al vs 59 Andrew Tainter**
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**John F Thornton and John O Pierce vs 499 Lyman S Elliott and Joshua H Alexander**
On Note.
Now come the plaintiffs, and the defendant, Joshua H Alexander, by their respective attorneys, but the defendants Lyman S Elliott, although duly called, still makes default; and a Jury being waived this cause is submitted to the Court and the Court having duly heard and considered the same doth find the issues herein joined between the plaintiffs and the defendant, Alexander, in favor of the plaintiffs, and the Court doth further find that the defendants are indebted to the plaintiffs in the sum of five hundred and forty dollars and eighty cents, on account of the instrument in writing on which this action is founded. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
---
**Viewer Page 373** (rcdbook1859_29_0372.jpg)
> Handwritten Page Number on Record Book: 365
**William D Marshall et al vs 548 James Cuddy et al**
Depositions for defendants opened and filed, Continued on affidavit at defendants costs.
**James G M Pheeten vs 514 Andrew A LeBeau and Ezra O English**
On Note.
Now come the parties, by their respective attorneys, and the defendants, withdraw their answer herein, and saying nothing further in bar or preclusion of plaintiffs demand the Court doth find 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 seventy dollars and thirteen 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. Judgment to bear interest at ten per cent per annum.
**Patrick M Aneny and Jane M Aneny his wife vs 511 Peter Harmon and Harmon his wife**
Slander.
Now come the parties, by their respective attorneys, and also come a Jury to wit; William H Gilman, E Vaughn, S A Riddle, William Koenig, W Watson, William Horn, Samuel Black, J T Green, J W Hathaway, John Hunter, N Hanson, and J R Boyce, twelve good and lawful men who being duly elected tried and sworn well and truly to inquire into and assessed the plaintiffs damages & the trial being finished the sums aforesaid upon their oaths aforeaid say they assess the plaintiffs damages at the sum of one cent. It is therefore considered by the Court that the plaintiffs recover of the defendents this damages aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefor.
**Theodore Kalb vs 523 Martin Shadler**
On Account.
Now comes the plaintiff, by his attorney, but the defendant still makes default, and the plaintiff waiving a Jury submits the assessment of damages 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 three hundred and sixteen dollars and thirty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**George Partridge vs 68 Henry S King and William P Fisher**
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 the petition herein is taken against them as confessed; and the Court finds from the instrument in writing on which the action is founded that the defendants are indebted to the plaintiff in the sum of twelve hundred and fifty dollars and forty six cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid in form aforesaid as found also his costs herein expended and have execution therefor.
**Richard A Field, Reuben Beardslee, John K Field, Isaac N Field and Phineas Beardslee vs 500 H Hildenbrand, Louis Schiemer, and Frederick Schaefer**
On Note.
Now come the plaintiffs, by their attorney, and dismiss this suit as to the defendant, Schiemer, but the defendants, Hildebrand and Schaefer, although duly summoned and called come not but make default, wherefore the petitionherein 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 one hundred and eighty seven dollars and fifty seven cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their costs in the behalf expended and have execution therefor.
---
**Viewer Page 374** (rcdbook1859_29_0373.jpg)
> Handwritten Page Number on Record Book: 366
**Lyman S Elliott vs 522 J M Convers**
Replevin.
Now come the plaintiff, by his attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed; and the plaintiff waiving a Jury submits the assessment of damages to the Court consenting to take nominal damages and the Court doth accordingly assess 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 delivered to him by the Sheriff and that the recover of the defendant the damages aforesaid inform aforesaid as found and also his costs herein expended and have execution therefor.
**William T Avery vs Edwin Wilkenson**
Motion for an alias execution filed.
**George G Mathews vs 804 James Duncan**
Defendant files a demurer to amended petition.
**John Bretz vs 290 M A M Donald**
On motion of plaintiff, by his attorney, it is ordered that an alias Summons issue for defendant Donald. Cause continued.
**Thomas J Hilton vs 331 Henry Terrill**
Bill of particulars filed by leave of Court.
**George Geist vs 169 Brannock Jones and Peter M Papin**
On Note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Brannock Jones, but the defendant, Peter W Papin, 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 plaintiff in the sum of three hundred and sixty eight dollars and fifty 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.
**Jacob P Symonds vs 526 William O Wheeler and John N Bofinger**
On Note.
Now come the plaintiff and the defendant, Bofinger, by their respective attorneys, but the defendant, William O wheeler, although duly summoned and called comes not but makes default wherefore on motion of plaintiff, the petition herein is taken against the said Wheeler as confessed; and also come a Jury, to wit; Hugh M Kittrick, J Bartel, HP Sherburne, D Scharinghausen, J Bohannon, John Paul, J J Decker, William C Our, Isaac M Pherson, J J Holmes, W M Gee and Phil Gebhart, twelve good and lawful men, who being duly elected tried and sworn the issues joined between the plaintiff and the defendant, Bofinger, well and truly to try and also to enquire into and assess the plaintiffs damages against the defendant, Wheeler, the trial progresses, whereupon for good reasons appearing, by consent of parties, Hugh M Kittrick, one of the Jurors, is withdraw from the panel, and the remainder of said panel are discharged from the further consideration of this causes and this cause is continued until the next term of this Court at the defendants costs.
**Henry Luft et al vs 556 John Wheeler et al**
Continued on affidavit at the costs of the defendants.
---
**Viewer Page 375** (rcdbook1859_29_0374.jpg)
> Handwritten Page Number on Record Book: 367
**Charles M Elleard vs 56 Charles L Hunt et al**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Catherine Klute administratrix of Henry Klute vs 552 Joseph G Shands**
Petition.
Now comes the plaintiff, by her attorney, but the defendant still makes default, and the plaintiff waiving a Jury submit the assessment of damages 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 two hundred and thirty two dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as assessed and also her costs herein expended and have execution therefor.
**Newton S Gay et al vs 391 The Hope Fire Ins Co**
Answer filed.
**William C Gelfort et al vs 358 John C Ivory et al**
Answer filed.
**Jacob Rosenbaum vs 543 Charles Baumann**
Continued by consent.
**John J Mudd et al vs 525 Geo Y Bast et al**
Continued.
**Louis Roever vs 542 Peter Lang**
On Notes and account.
Now comes the plaintiff, by his attorney still makes default; and the plaintiff waiving a Jury submit this cause to the Court upon the pleadings and proofs for assessment of damages and the Court having duly heard and considered the same doth assess the plaintiffs damages at the sum of fourteen hundred and thirteen dollars and 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 therefor; and it is order that eleven hundred and twenty four dollars of this judgment bear interest at the rate of ten per cent per annum.
**John W Harris vs David H Evans**
Depositions for plaintiff opened and filed.
**John Duer et al vs Philip Hess et al**
Depositions for plaintiffs opened and filed.
**Newton S Gay et al vs 207 The Arctic Fire Ins Co**
Answer filed.
**Newton S Gay et al vs 258 Metropolitan Ins Co**
Answer filed.
**John N Straat vs Edward Jackson garn.**
Said garnishee by consent files an answer herein.
**David M Martin admr vs 443 Robt N Martin**
Motion and affidavit to set aside judgment by default filed.
**James B Colt vs Israel G Beaumont**
Bill of Exceptions filed by consent.
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**Viewer Page 376** (rcdbook1859_29_0375.jpg)
> Handwritten Page Number on Record Book: 368
**John H Russell vs 680 Nicholas Devoy et al**
Defendants Sylvester V and Theophile Papin file an answer herein.
**Samuel Jacoby vs 459 James Coff**
Amended affidavit filed by leave of Court.
**Carr and Kennett vs 908 Jeremiah Cronin admr.**
Motion to dismiss appeal filed.
**Henry Simon vs 199 The City of St Louis**
Petition.
Now come the parties, by their respective attorneys, and file an agreement and agree that judgment may be rendered in favor of the plaintiff and against the defendant for the sum of one hundred and sixty nine dollars and fifty seven cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as agreed upon and his costs herein expended and have there off execution.
**Newton S Gay et al vs 218 The Hampden Fire Ins Co**
Answer filed.
**Newton S Gay et al vs 264 Irving Ins Co**
Answer filed.
**Newton S Gay et al vs 259 Manhattan Fire Ins Co**
Answer filed.
**Annie Martin vs 551 Geo F Martin**
Continued.
**State use of Young vs 570 Theodore Hesselmeyer et al**
Motion and affidavit in support thereof to suppress deposition filed. Agreement as to depositions filed.
**John F Darby vs 582 Daniel Shattuck**
On motion of plaintiff, by attorney, it is ordered that an alias summons issue herein. Cause continued.
**James G M Pheeters vs 587 James P Langford et al**
Continued on a affidavit at defendants costs.
**John Loury vs 505 St Bt Heniretta**
Continued as on affidavit at plaintiffs costs.
**Alexander Steiner et al vs 560 William Hollister et al**
Default.
Now come the plaintiffs, by their attorney, but the defendant, Joseph Hyman, although duly summoned and called comes not but makes default wherefore the petition herein is taken against him as confessed; and this cause is continued.
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**Viewer Page 377** (rcdbook1859_29_0376.jpg)
> Handwritten Page Number on Record Book: 369
Court met pursuant to adjournment. Present as before.
**George Peabody et al vs 167 Daniel D Page and Henry D Bacon**
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, the petition is taken against the said defendants as confessed.
**Elizabeth Miller vs 270 A J Miller**
Default.
Now comes the plaintiff, by her attorney, but the defendant, although duly summoned and called comes not but makes default wherefore the petition herein taken against him as confessed.
**John N Straat vs Edward Jackson and Joseph Summer garn.**
Default,
Now comes the plaintiff, in person, but said garnishee, Joseph summers, although duly summoned and called comes not but makes default, wherefore the interrogatories are taken against him as confessed.
W C P Cannington is admitted and enrolled as a member of this bar.
**George N Lynch, Jesse Arnot, and Anderson Arnot vs 125 George H Kennerly**
On note.
Now come the plaintiffs, by their attorney, but the defendant, 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 hundred and thirty 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 therefor.
**Statius Keheman vs 527 John Ichtertz**
On account
Now come the parties, by their respective attorneys, and also come a Jury to wit; William H Gilman, Charles Weber, Peter Gamache, Charles Becker, John B Monsette, Wesley Watson, William Horn, Samuel Black, Ira J Green, I W Hathaway, John Hunter, and J R Royce, twelve good and lawful men who being duly elected tried and sworn the issues herein joined well and truly to try and the trial being finished the Jurors aforesaid in form aforesaid upon their oaths say they find for the plaintiff and assess his damages at the sum of fifty dollars and seventy seven 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 his costs herein expended and have thereof execution.
**Joseph R Marsh et al vs 483 Edward C White et al**
The defendants demurrer to the petition being heard and fully considered by the Court is sustained. Twenty days are given the plaintiffs to amend.
**Joe M Hanson et al vs 60 J Chase Dow**
On motion of the plaintiffs, by their attorney, it is ordered that an alias attachment issue herein for defendant returnable to the next term of this Court.
**Antoine Dohera vs 444 George Leach et al**
On motion of the plaintiff, by his attorney, it is ordered by the Court that this this cause be dismissed as to Henry M Woodward, and that an alias Summons issue herein for the other defendants returnable to the next term of this Court, until which time this cause is continued.
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**Viewer Page 378** (rcdbook1859_29_0377.jpg)
> Handwritten Page Number on Record Book: 370
**Howell Sparks vs George W Manning**
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 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 defendant and deliver to the plaintiff.
**John F Darby vs 533 John Reilly**
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 defendant is indebted to the plaintiff in the sum of eleven hundred and seventy six 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 also his costs herein expended and have execution therefor.
**Henry S Baldwin vs 145. Ozro Collins et al**
Motion for security for costs filed.
**Isaac Bruce et al vs John How garn.**
Answer field.
**Napoleon Savory et al vs 183 Oliver T Bragg et al**
Now come the plaintiffs, by their attorney, and on their motion, this cause is dismissed as to the defendant Addison G Bragg, and the plaintiffs file a motion for judgment herein.
**State of Missouri to use of John Young vs 570 Theodore Hesselmeyer et al**
The plaintiff files a bond for costs with Thomas H Sevain, as security, which bond is approved by the Court.
**Joseph Stettinius et al vs James Hughes**
The plaintiffs by consent file an amended petition herein.
**John W Skinner vs 510 D A January et al**
The plaintiff files a motion for leave to amend.
**John W Skinner vs 571 Cha Holmes et al**
The plaintiff files a motion for leave to amend.
**Joseph W Dougherty vs 403 S Mordecai**
By consent of parties the judgment herein rendered is se aside and vacated. and by like consent defendant files and answer.
**Human Boker et al vs 195 J H Alexander et al**
Answer filed.
**Newton Y Gay et al vs 319 Actua Ins Co**
Answer filed.
**Daniel C Ketchum vs 578 Margaret A Kelcham**
Continued.
**Abraham A Keeman vs 409 Andrew Krautler et al**
Continued.
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**Viewer Page 379** (rcdbook1859_29_0378.jpg)
> Handwritten Page Number on Record Book: 371
**John J Anderson et al vs Michael Biurowes**
Assignment of judgment filed.
**Louis Zengen, Adolph Schimmel, and A Berlyn vs 521 Michael S Mepham and William G Mepham**
On account
Now come the parties, by their respective attorneys, and also come a Jury to wit; Hugh M Kittrick, Theodore Bartel, H P Sherboune, D Scheringhausen, J Bohammer, John Paul, J J Decker, William C Orr, J J Holmes, Washington M Gee, Phil Gebhart and Isaac McPherson, 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 say they find for the plaintiff in the sum of two hundred and sixty two dollars and sixty five cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the damages aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**Thomas E Souper vs 401 Henry C Lynch et al**
Continued.
**Henry Albro vs 437 Chas Marlow**
Continued.
**Jonathan Penrod vs 426 Maria F Brooks**
Continued as on affidavit at defendants costs for absence of Benjamin O Brooks a witness.
**Edward P Tesson vs 559 William Sensenderfer, John Sensenderfer, Alexander J Kicklen and Joshua Cheever**
On note.
Now come the plaintiff and the defendants, William and John Sensenderfer, and Alexander J Kienlen, by their respective attorneys, but the defendant, Joshua Cheever, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed; and a Jury being waived 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 plaintiff and defendants, W and Jno Sensenderfer, and Alex J Kienlen, in favor of the plaintiff and doth further find that the defendants are indebted to the plaintiff in the sum of six hundred and fifty nine dollars and fifty six cents on account of the instrument in writing on which this action is founded. 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 and it is ordered by the Court that this judgment interest at the rate of ten per cent per annum from the date until paid.
**James B Colt vs 61 Israel G Beaumont**
Now at this day comes the plaintiff and files an affidavit, and on his motion an appeal is allowed him from the judgment herein to the Supreme Court and thereupon the plaintiff files an appeal bond which is approved by the Court.
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**Viewer Page 380** (rcdbook1859_29_0379.jpg)
> Handwritten Page Number on Record Book: 372
Court met pursuant to adjournment. Present as before.
**J C Bates vs Enrich F Kraft and Otto C Kraft**
Now comes the plaintiff, by his attorney, and files a petition and also the appearance of the defendants whereby the said defendants enter their appearance to this action as if personally served with original unit and copy of petition fifteen days before the first day of the present teem of the Court.
**Alexander Boyd vs 555 Moses Meyer and Gandless Meyer**
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 assess his damages at the sum of one hundred and seventy five dollars. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**Benjamin Lieber vs 581 James S Carlisle**
Continued by consent.
**Richard Norris et al vs 638 Callaway Mining & Manufacturing Co**
Continued.
**Sidney Pulsifer and E D Hardin vs 418 William Hassinger, Michael O Brin and John O Brin**
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 two hundred and seventy eight dollars and thirteen cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**Clarence O Brooks vs 565 John D Daggett**
Continued as on affidavit at plaintiffs costs for absence of Samuel Single a witness.
Peter Wegman Marshall of St Louis Country, comes in Open Court and acknowledge the execution of a deed by him as such Marshall in favor of Charles G Mauro and William C Jones for all the right title interest, claim, estate and property of Columbus Montgomery of in and to the following described property; the lease hold interest of the said Columbus Montgomery in a lot of ground in Block 588 of the City of St Louis beginning at a point on the West line of Eleventh street one hundred feet South of the Centre line of survey 3003, running thence Southwardly with the West line of Eleventh Street thirty two feet nine inches thence Westwardly and parallel with the Centre line of Survey one hundred and twenty seven feet six inches to an alley thence northwardly with said alley, thirty two fact nine inches thence Eastwardly and parallel with the Centre line of said Survey one hundred and twenty seven feet six inches to the beginning being the same lat leased by the Board of President and Directors of the St Louis Public Schools to Mary Meecham by Deed dated September 27th 1858. Sold under and by virtue of two executions issued from the Office of the Clerk of the St Louis Criminal Court in favor of the Sate of Missouri and against said Columbus Montgomery.
**Jerome R Ward vs 740 Wyllys King et al**
Defendants file a motion for security for costs.
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**Viewer Page 381** (rcdbook1859_29_0380.jpg)
> Handwritten Page Number on Record Book: 373
**The Mechanics Bank vs 589 M W Ward et al**
Dismissal.
On motion of the plaintiff by its attorney, it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor. By leave of Court plaintiff withdraws the protest and note sued on.
**James A Paige vs 594 George W Hall**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**State of Missouri to the use of John Young vs Theodore Hesselmeyer, John How and William Pretorcus**
On Bond.
Now come the parties, by their respective attorneys, and also come a Jury to wit; William H Gilman, E Vaughn, S H Riddle, William Koenig, Hugh M Kittrick, Theodore Bartelle, H B Sherbourne, J Bohammer, John Paul, William C Orr, Nicholas Hansen and D Scharinghassen, 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 upon their oaths aforesaid say they find for the plaintiff and assess the damages at the sum of four hundred and seventeen dollars and sixteen cents. It is therefore considered by the Court that the plaintiff recover of the defendants the sum of eleven hundred dollars, the penalty of the bond sued on, and also the costs of this suit, and that it have execution for the damages aforesaid in form aforesaid as assessed and also the costs of this suit.
**State use of John Mathew vs 564 James Coff et al**
Continued by consent.
**Joseph E Maguire vs 457 James Little**
Continued by consent.
**Emile Blome et al vs 256 John Higgins**
Satisfaction.
The plaintiffs, by their attorney, come and acknowledge to have received full and entire satisfaction of the judgment rendered in the cause.
**The Exchange Bank of St Louis vs 716 William H Chappell et al**
Dismissal.
On motion of the plaintiff, by its attorney, it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Leonard H Wilkey vs 133 The Illinois River Packet Co et al**
Answer of Illinois River packet Company, Daniel Hancock and Samuel T Morris filed.
**William H Barksdale et al vs 491 Geo N Walker et al**
Defendants Hancock and Morris file an answer herein.
**Mathew S File et al vs 636 Richd C Shackelford**
Proof of service of order for production of books filed.
**Richard Bourgoin vs The Pacific Rail Road Co garn.**
Proof of Service of order of Citation filed.
**John W Harrris vs David H Evans**
Depositions for defendant opened and filed.
---
**Viewer Page 382** (rcdbook1859_29_0381.jpg)
> Handwritten Page Number on Record Book: 374
**Louis Downing et al vs W H Barksdale et al garn.**
Answer filed.
**Bartholomew Rice admr vs 332 Nemorid Snyder**
Answer filed.
**Eleager J Beard and Judson Beard vs 578 Frederick Meyer and Moritz Meyer**
Petition.
Now come the parties, by their respective attorneys, and also come a Jury to wit; Isaac McPherson, Philip Gebhart, Charles Weber, Peter Gamache, Charles Becker, John B Monsette, Wesley Watson, William Horn, Samuel Black, Ira T Green, J W Hathaway and John Hunter, twelve good and lawful men, who being duly elected tried and sworn the issues herein joined well and truly to by the trial progresses but not being finished is laid over until to morrow morning.
**Percival Platt vs 10 William Bevard**
The defendant withdraws his motion to dismiss for want of amended petition.
Court met pursuant to adjournment. Present as before.
James Taylor is admitted and enrolled as a member of this Bar.
**Thomas M Adams vs 609 John B Grady et al**
On motion of the plaintiff, by his attorney, it is ordered by the Court that an alias summons issue for the defendant H P Smith returnable to the next teem of this Court, until which time this cause is continued.
**James E Cross et al vs 216 Felix Reynolds**
On motion of the plaintiffs, by their attorney, it is ordered by the Court that an alias summons issue herein returnable to the next teem until which time this cause is continued.
**William B Gering vs 467 William Brown**
The plaintiff confesses the demurrer herein and on his motion ten days are given him to amend.
**George F Hill vs William J Lewis garnishee of Wiley J Stratton**
Change of Venue. The plaintiff by leave first obtained files interrogatories against said garnishee and the Judge of this Court having been of counsel for plaintiff it is ordered that the venue of this cause be changed to the St Louis Court of Common Pleas.
**Andrew F Hummitsch vs 123 Jacob Bersch et al**
Five days additional time are given to answer herein.
---
**Viewer Page 383** (rcdbook1859_29_0382.jpg)
> Handwritten Page Number on Record Book: 375
**Andrew F Hummitsch vs 124 Jacob Bersch**
The time for answering herein is extended five days.
**F S Giesmeyer vs 54 Frederick Luppeng**
The motion to dismiss this suit for want of security for costs being heard and fully considered by the Court it is ordered that the defendant file a good and sufficient bond for costs herein within ten days from this date.
**Conrad Neun Jr et al vs 483 Heinrich Heissner**
The demurrer to the amended petition being heard and fully considered by the Court is sustained.
**Eleazer J Beard and Judson Beard vs 578 Frederick Meyer and Moritz Meyer**
Petition.
Now come again the parties, by their respective attorneys, and also come the Jurors herein and the trial progresses and by leave of Court plaintiffs file an amended petition thereupon by consent of parties the Jurors aforesaid are discharged from the further consideration of this cause, and this cause continued at plaintiffs costs.
**James C Calm vs 243 M Rosenbaum et al**
The defendants motion to dismiss this suit and also his motion to strike out amended affidavit being heard and fully considered by the Court are overruled.
**Randolph Peters vs 422 Edwin A Skeele**
Motion to dismiss filed.
**Frederick Althorf et al vs 725 August Bencke**
Answer filed.
**Charles Cavaroc and Emile Seignorette vs 433 Kenneth Mackenzie**
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 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 six hundred and forty five dollars and seventy cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their costs in this behalf expended and have execution therefor.
**John Webster et al vs 595 Jacob Cammonn et al**
Motion to dismiss filed.
**Henry Townsly vs 757 Job S White**
Depositions for defendant opened and filed.
**Charles H Welling et al vs 590 Charles P Cady**
Depositions for plaintiffs opened and filed.
**William Lindsay vs 425 Alexander Riddle et al**
Motion to strike out part of answer of Farlin filed.
---
**Viewer Page 384** (rcdbook1859_29_0383.jpg)
> Handwritten Page Number on Record Book: 376
**Augustus M Dowell and Patrick F Loughran vs 27 E E O Giles and John Loughborough**
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 there instrument in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of two hundred and seventy dollars and seventy two cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**William E Wilson assignee vs John G Lare et al**
The motion for an injunction, upon the facts and for the reasons set out in petition, is continued to Saturday the twenty fifth instant.
**William O Osborne vs 213 Leander Lawrence**
The plaintiff comes and confesses the motion for security for costs and files a bond for costs with N N Sleeth as security which bond is approved by the Court. The defendant files a motion for additional security.
**Louis Zengen et al vs 521 Michael Y Mepham et al**
Motion for a new trial filed.
**John F Thornton et al vs 499 Lyman S Elliott et al**
Motion for a new trial filed.
**David Anderson et al vs 374 The Missouri Spinning Company**
By consent of parties it is ordered by the Court that the papers on file be and they are hereby substituted for the originals: and the defendant withdraws its motion to dismiss this suit, and ten days are given defendant to answer herein.
**Edward P Tesson vs 559 William Sensenderfer et al**
Motion for a new trial filed.
**Bernard Boram vs 503 E Nicholls**
Motion for judgment on answer filed.
**Thomas Boylan et al vs St Bt David Tatum**
Depositions for plaintiffs opened and filed.
**James R Graham et al vs 31 Oliver S Watt**
One week additional time is given defendant to answer.
**The mechanics Bank vs 304 Charles Altinger et al**
The motion to strike out answer and for judgment being heard and fully considered by the Court is overruled.
**Louis Engels administrator vs 76 John L Bernicker and wife**
Exceptions to part of Commissioners Report and motion to strike out same filed by defendants.
**James Morton vs 49 Cornelia Morton**
The defendants motion for security for costs being heard and fully considered by the Court is sustained; thereupon the plaintiff files a bond for costs with William N Macqueen as security which bind is approved by the Court.
---
**Viewer Page 385** (rcdbook1859_29_0384.jpg)
> Handwritten Page Number on Record Book: 377
**John Loler vs 320 John Cool**
The plaintiff confesses the demurrer to the petition and by consent of parties two weeks time are given defendant to answer.
**John Loler vs 321 John Cool et al**
The plaintiff confesses the demurrer to the petition and by consent of parties two weeks time are given defendant to answer.
**James H Hall administrator of Amelia Carman vs 678 William Etherton**
Petition
Now comes the plaintiff, by his attorney, and the Court having duly heard and considered the plaintiffs motion for judgment on the defendants answer doth sustain the same; and the Court finds that the defendant is indebted to the plaintiff in the sum of one hundred and sixty tow dollars and twenty one cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and also his costs herein expended and have execution therefor.
**John M Krum and Chester Carding Jr vs 402 Hermann Biesen and William Poos**
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; on motion it is ordered the above interlocutory judgment he set aside and vacted.
**John M Krum and Chester Harding Jr vs 402 Herman Biesen and William Poos**
On note.
Now come the plaintiffs, and submit to the Court the motion is after out the answer herein and for judgment which motion to after due consideration by the Court sustained; and the Court finds that the defendants are indebted to the plaintiffs in the sum of five hundred and twenty eight dollars and thirty cents, on account of the instrument in writing on which this action is founded. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**William Lindsey vs 426 John R Parsons et al**
Motion to strike out part of answer of defendant Farlin filed.
**James M Campbell vs 153 Frederick Heidemann**
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 the petition is taken against said defendant as confessed.
**Alfred M Farley vs 14 C W Barnes et al**
The defendants withdraw their demurrer and twenty days are given them to answer.
**James Clemens Jr vs 460 Geo W Davis**
Answer filed.
**Penelope Allen vs 461 Geo W Davis**
Answer filed.
---
**Viewer Page 386** (rcdbook1859_29_0385.jpg)
> Handwritten Page Number on Record Book: 378
Court met pursuant to adjournment. Present as before.
**Maire Sinel et al vs 16 Theodore A Dame et al**
Defendant Anne Smith, files an answer herein.
**William O Osbourne vs 213 Leander Lawrence**
Plaintiff files an assignment herein to B A Hill for the benefit of certain creditors.
**Alexander Beal and George K Hooper vs 602 Charles Marlow**
On Bill of Exchange.
Now come the parties by their respective attorneys, and submit to the Court the defendants motion to dismiss this suit which motion is, after due consideration by the Court overruled; and the defendant failing further to plead herein 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 defendant is indebted to the plaintiffs in the sum of four hundred and thirty nine dollars and twenty nine cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs herein expended and have execution therefor.
**State use of David Hirsch vs 655 David Anderson et al**
Continued by consent.
**Robt M Renick et al vs 656 Michal S Cerre Exr**
Continued by consent.
**Henry Steinway Sr et al vs 626 Charles A Snell et al**
Continued as on affidavit at defendants costs for absence of Alfred E Gregory a witness.
**Henry Steinway Sr et al vs 627 Charles Fritz et al**
Continued as on affidavit at defendants costs for absence of Alfred E Gregory a witness.
**William Schergens vs 454 Charles Marlow**
Remittitur.
Now comes the plaintiff, by his attorney, and remits to the defendant the sum of three dollars and seventy two cents part and parcel of the judgment herein rendered.
**George Wambogaust vs 644 Louis Steller**
Continued on affidavit at defendants costs.
**William E Wilson vs Jno G Lare et al**
Motion for an injunction filed.
**George Bailey vs 194 John Bryant**
On motion of the defendant, by his attorney, a dedimus is awarded him to Illinois.
**D A January et al vs 599 D Robt Barclay et al**
Statement of A Krekel filed with agreement that the same may to read in evidence on the trial of this cause.
---
**Viewer Page 387** (rcdbook1859_29_0386.jpg)
> Handwritten Page Number on Record Book: 379
**Michael Bourgoin vs The Pacific Rail Road Co garn.**
Motion to dismiss proceedings filed.
**John C Ivory vs 409 Francis J Smith et al**
The time for answering herein is extended ten days.
**Henry Closteeman vs 580 Charles Marlow**
On account.
Now comes the plaintiff, by his attorneys, but the defendant although duly summoned and called comes not but makes default wherefore the petition herein is taken against the defendant as confessed; and the plaintiff waiving a Jury submits the assessment of damages to the Court and the Court having duly heard and considered the evidence doth assess the plaintiffs damages at the sum of twenty five hundred and eighty eight dollars and ninety one 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.
**Cabinet Makers Union vs 582 Charles Marlow**
On account.
Now comes the plaintiff, by his attorneys, but the defendant although duly summoned and called comes not but makes default wherefore the petition herein is taken against him as confessed; and the plaintiff waiving a Jury submits the assessment of damages to the Court and the Court having duly heard and considered the evidence doth assess the plaintiffs damages at the sum of fourteen hundred and ninety dollar and sixty one cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and also its costs herein expended and have execution therefor.
**Alexander Boyd vs 509 Moses Meyer et al**
Motion for a new trial and motion in arrest filed.
**William Lindsay vs 426 F B Parsens et al**
Motion to strike out part of answer of Farlin filed.
**David Naughton vs 365 F P Burke**
Reply to Counterclaim filed.
**Geo W Higgins vs 217 F H Meyer**
Reply filed.
**Geo G Presbury vs 657 Robert G Moss**
Continued on affidavit at defendant costs.
**Max Baldwin vs 666 Jno C Wicks**
Supplemental answer filed.
**James A Yore vs 615 Geo W Manning**
Continued on affidavit at defendant costs.
**Andrew F Hummitsch vs 123 Jacob Bersch et al**
Defendant P Kraft files an answer herein.
**Covrwell Sage vs 294 Jno M Wimer**
Motion to strike out part of counter claim filed.
---
**Viewer Page 388** (rcdbook1859_29_0387.jpg)
> Handwritten Page Number on Record Book: 380
**Charles H Todd vs 474 Seleg Meyer**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**John C Evins vs 579 Thomas McAdams**
Petition for Rent.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; George Wishman, William Williamson, Richard Stevens, F A McDonald, William Hanna, Walter Williams, Henry H Belden, J M Overs, J C Rives, A Harrington, Dennis Brennen and J J Musman, 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 say they find for the plaintiff in the sum of one hundred and twenty dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the damages of aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**James O Carson et al vs 718 James Bissell**
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called comes not but makes default wherefore the petition herein is taken against him as confessed.
**Joseph N Hinds vs 598 Charles F Hoelzle**
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 defendant is indebted to the plaintiff in the sum of three hundred and sixty five dollars and eighty five cents. It is therefore considered by the Court that the plaintiff recover of he defendant the debt aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor: and it is ordered that this judgment bear interest at ten per cent per annum form this date until paid.
**Henry Niederrethor vs 585 Charles F Hoelzle**
On note.
Now come the plaintiff and the defendant, 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 two hundred and ninety nine dollars and sixty cents. It is therefore considered by the Court that the plaintiff recover of he defendant the debt aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**David Brown, George T Peabody, and J Johnson Brown vs 607 John M Dowell and George McDowell**
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; ad the Court finds form the instruments in writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum often hundred and twenty seven dollars and forty two cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid as found and also their costs in this behalf expended and have execution therefor.
**Alanson Dickenson et al vs T B Kemper et al**
Motion to set aside judgment filed.
**Theodore Rodrig vs 620 Michael O Burke**
Continued at the costs of said plaintiff.
---
**Viewer Page 389** (rcdbook1859_29_0388.jpg)
> Handwritten Page Number on Record Book: 381
**State use of John Young vs 570 Theodore Hesselmeyer et al**
Motion for a new trial field.
**Chas H Welling et al vs 590 Robt P Cady**
Continued by consent.
**State use of John Young vs 570 Theodore Hesselmeyer et al**
Motion in arrest of judgment filed.
**Conrad Neun Jr et al vs 483 Heinrich Husner**
Continued.
**Godard Raberg and William H Thomas vs 610 Theodore Bredow**
On Bill of Exchange.
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 two hundred and twenty nine dollars and eleven cents. It is therefore considered by the Court that the plaintiff recover of he defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**Stephen Haskell and James M Franciscus vs 633. Andrew A LeBeau, Ezra O English, and John Burnes**
On Note.
Now come the plaintiffs, by their attorney, and also come the defendants, English and Burnes, by their attorneys and withdraw their answer and the defendant LeBeau although duly summoned and called comes not but makes default and the defendants English and Burns saying nothing further in bar of plaintiffs demand, this petition herein is taken against all the defendants 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 two dollars and sixty five cents. It is therefore considered by the Court that the plaintiff recover of he defendant the debt aforesaid as found and their costs herein expended and have execution therefor: and it is ordered that this judgment bear interest at ten per cent per annum.
**Thomas L Salisbury vs 591 Oliver T Bragg, Michal Burrows and Edward Boyle**
On note.
Now come the plaintiff and the defendant, Burrows, by their respective attourneys, but the defendant, Boyle, still makes default, and the plaintiff dismisses this suit as to the defendant Bragg; and no Jury being required this cause is submitted to the Court and the Court having duly heard and corsidered the same doth find that the defendants are indebted to the plaintiff in the sum of Six hundred and sixty three dollars and sixty five cents on account of the instrument in writing on which this action is founded, It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and also his costs herein expended and have thereof execution: and it is ordered that this judgment bear ten per cent per annum interest.
**Isaac W Mitchell vs 564 Andrew A LeBeau and Ezra O English**
On Note.
Now comes the plaintiff, by his attorney and also come the defendant by their attorney, and no Jury being required this cause is submitted to the Court, and the Court having duly hear and considered the same doth find that the defendant are indebted to the plaintiff in the sum of three hundred and seventy seven dollars and twenty three 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: and it is ordered that this judgment bear interest at ten per cent per annum.
**James B Eads vs 613 Thomas F Smith**
Dismissal.
On motion of he 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, By leave of Court plaintiff withdraws the note sued on.
---
**Viewer Page 390** (rcdbook1859_29_0389.jpg)
> Handwritten Page Number on Record Book: 382
**Charles F Wharf vs 567 John G Steininger**
Default.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called comes not but makes default wherefore the petition is taken against him as confessed.
**John W Rupert vs 221 Wesley Connor and William Fullager**
On Note.
Now comes the plaintiff, by his 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 one which this action as founded that the defendants are indebted to the plaintiff in the sum of two hundred and sixty dollars and thirty 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.
**The First Ward Savings Institution vs 181 Louis Bosse, Charles F Blattau, and Peter Wenger**
On Note.
Now comes the plaintiff, by its attorney, and dismisses this suit as to the defendant, Peter Wenger, but the defendants, Bosse and Blattau, although duly summoned still makes default, and on motion of the 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 of twenty one hundred and thirteen 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 also it herein expended and have execution therefor.
**James B Hill vs 623 Kenneth Mackenzie, Adam D Stewart, and George B Michael**
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 thirty two hundred and eight dollars and forty 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. Defendants file a motion for a new trial herein.
**Peter Lindell vs 715 Pelagie Lee**
The plaintiffs motion to strike out parts of the defendants answer being heard and fully considered by the Court it is ordered that said motion be sustained as to all that cant of said answer on the first page thereof between A and b enclosed in brackets as marked in said answer, and that that the said motion be overruled as to the residue of said answer. The defendant files a bill of exception.
**Mathew S Fife, George T Hubbard, and Henry T Vogel vs 636 Richard C Shackelford**
On account. Non suit.
Now come the parties, by their respective attorneys, and also comes Jury to wit, James Bauer, W R Hynes, J M Calvert, Gothard Shingle, J C Kohr, G F Ehrens, F Kenning, E P Price, William Reilly, Leonard S Chartrand, J M Turley, and William Boglehaus, 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 the plaintiffs say they will not further prosecute their suit in this behalf 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 defendant go hence without day and recover of the plaintiffs his costs and charges in this behalf expended and have execution therefor.
**D Devlin vs 660 Thomas Richards**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
---
**Viewer Page 391** (rcdbook1859_29_0390.jpg)
> Handwritten Page Number on Record Book: 383
**Benjamin F Edwards vs 507 James C Musick**
Continued as on affidavits costs for absence of Dr Benton of Florissant.
**Boston Betting Company vs Rudolph Bircher garn.**
Denial of said garnishees answer filed.
**Thomas M Adam vs 609 J B Grady et al**
On motion of plaintiff it is ordered that an alias writ issue herein to the next term of this Court Until which time this cause is continued.
**Edward F Pittman, William H Pittman and George T Pittman vs Thornton B Kemper and John T Kemper**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and file the duly verified statement of the defendants whereby the said defendants confess themselves indebted to the plaintiffs in the sum of twenty six hundred and twenty eight dollars and twenty six cents and authorize the entering up of judgment against them in favor of the plaintiffs for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid in form aforesaid as confessed and also their costs herein expended and have execution therefor; judgment to bear interest at ten per cent per annum.
Court met pursuant to adjournment. Present as before.
William D Dorme is, on motion of P B Garesche, admitted and enrolled as a member of this bar.
**Randolph Peters vs 422 Edwin a Skeele**
The plaintiff files a bond for costs herein with W B Clarke as security which bond is approved by the Court.
**Newton S Gay et al vs 257 The Arctic Fire Insurance Company**
On motion of the plaintiffs, by their attorney, Commissioners to take depositions to be used in their behalf on the trial of this cause are awarded them to the States of Ohio, Virginia, Pennsylvania and Massachusetts, and two Commissions for the like purpose to the State of New York are awarded them.
**John A Bart vs 36 George Couch**
It is ordered by the Court that the execution issued herein be recalled and the plaintiff remits to the defendant the sum of one dollar and eighty seven cents part and parcel of the judgment herein. Assignment of judgment to George Marsh all filed; assignment by Marshall to Jones filed.
**John J Schuler vs 665 Henry Klunk et al**
Continued by consent.
**Max Ballin vs 666 John C Wicks**
Continued by consent.
---
**Viewer Page 392** (rcdbook1859_29_0391.jpg)
> Handwritten Page Number on Record Book: 384
**James A Rogers and Charles L Rogers vs 435 Peter Singer**
On Note.
Now come the plaintiff, by their attorney, but the defendant, 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 four hundred and twenty one dollars and seventy four 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 thereof execution: and it is ordered that this judgment bear interest at ten per cent per annum.
**Abraham Hanna vs 721 Edward Morgan**
It is ordered by the Court that a subpoena duces tecum issue to Justice Covert.
**Henry Pettes vs William Cook and George Matthews garnishees of Matthew Ashdown**
Garnishment.
Now comes the plaintiff by his attorney, and moves the Court for judgment on the answer of said garnishees and the Court sustains said motion, and it appearing to the Court that the garnishees at the time they were summoned herein as such were indebted to the defendant, Ashdown, in the sum of nine hundred and twenty five dollars, and that judgment has been rendered against said Ashdown in favor of the plaintiff and that the amount thereof with interest to this date is seven hundred and eighty five dollars and sixteen cents. It is therefore considered by the Court that the plaintiff recover of said garnishees the debt to wit Seven hundred and twenty five dollars and sixteen cents, together with the original suit and this proceedings and have execution therefor. The Court allows said garnishees the sum of twenty dollars to be taxed as costs. The issue of execution herein is stayed until the twenty eighth day of December next.
**Mathias Mentrup vs 249 George W Putnam et al**
The motion of the defendant Putnam, to set aside service of copy of petition and notice of suit being heard and fully considered by the Court is sustained.
**James A Rogers et al vs 434 William H Miller et al**
It is ordered that an alias writ issue herein to the next term of this Court.
**James Morton vs 49 Cornelia Morton**
Answer and also a petition for alimony filed.
**Thomas H West vs Louis Steller & garn.**
Answer filed.
**Thomas Sivales et al vs 572 Horace A Conant**
Amended answer filed by leave.
**Josephine Garvier et al vs 393 John C Ivory et al**
The demurrer to the petition being heard and fully considered by the Court is sustained. It is therefore considered by the Court that the plaintiffs take noting by their suit in this behalf but that the defendants go hence without day and receiver of the plaintiffs their costs herein expended and have execution therefor.
**State of Missouri to the use of John L Bernicker & wife vs 437 Frederick W Engel and George W Lich**
Defendants by leave of Court file an answer and exhibit herein.
---
**Viewer Page 393** (rcdbook1859_29_0392.jpg)
> Handwritten Page Number on Record Book: 385
**The Boatman Savings Institution vs 689 The Bank of the State of Missouri**
The time for refilling the amended petition herein is extended twenty days.
**The Boatman Savings Institution vs 722 The Bank of the State of Missouri**
The time for refilling the amended petition herein is extended twenty days.
**Robert Davis vs 278 John W Thornton et al**
Answer of Thornton and Pierce and Johann Sigdow filed.
**James P Langford, James N Stephenson, Jacob Grimm and Henry Grimm vs 645 The Merrimack Toll Bridge Company**
On account.
Now come the parties, by their respective attorneys, and also come a Jury to wit; George Wishman, Richard Stevens, F A McDonald, Walter Williams, H H Belden, J M Ores, J C Revis, A Harington, Dennis Bronnen, J J Musman, C F Lauman and James Bauer, 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.
Court met pursuant to adjournment. Present as before.
**Charles F Wharf vs 567 John G Steininger**
On account.
Now comes the plaintiff, by his attorney, but the defendant still makes default and the plaintiff waiving a Jury submits this cause to the Court for assessment of damages and the Court having duly heard and considered the proof doth assess the plaintiff damages at the sum of one hundred and seventy six dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**Solomon Marx et al vs 677 Augustus Muison**
On motion of the plaintiffs, it is ordered that an alias summons issue to the next term until which time this cause is continued.
**James W Davidson vs 518 Henry M Matthews**
On motion of the defendant by attorney, these commission to take depositions in his behalf are awarded him to Illinois.
**Jerome R Ward vs 740 Wyllys King et al**
The motion for security for costs being heard and fully considered by the Court is sustained: During the twenty third instant is given plaintiff to file security for costs.
**William Stumpf vs 753 Fred Lupping**
Defendant by leave of Court files an answer herein.
---
**Viewer Page 394** (rcdbook1859_29_0393.jpg)
> Handwritten Page Number on Record Book: 386
**Henry N Hart vs Roger C McAllister garnishee of Benjamin F Beasley**
Dismissal.
On motion of said garnishee, by his attorney, it is ordered that he be discharged at plaintiffs costs and that execution issue therefor. The sum of ten dollars is allowed said garnishee for answering to be taxed as costs.
**John W Harris vs 669 David H Evans**
Continued on affidavit at defendants costs.
**George Eckert vs 693 Anton Jaeger, John Neff and Elizabeth Rico administratrix of Bartholomew Rico**
On Note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant Elizabeth Rico administratrix of Bartholomew Rico, but the defendant, Anton Jagger and John Neff, although duly called still make default, wherefore the Court doth find from the instrument in writing on which this action is founded that the defendant are indebted to the plaintiff in the sum of Seven hundred and thirty nine dollars and six 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.
**Edward Mead vs 109 John R Bart**
Default.
Now comes the plaintiff, by his attorney but the defendant although duly summoned and called comes not but makes default wherefore the petition herein is taken against him as confessed.
**Andrew C Pickham vs 652 William W Farmer**
On account.
Now comes the plaintiff, by his attorney, but the defendant still makes default, and the plaintiff waiving a jury submit the assessment of damages to the Court and the Court having duly heard and considered the proof doth assess the plaintiffs damages at the sum of one hundred and seventy one dollars and thirty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**James Buchman et al vs 187 John Meyer**
On motion of the plaintiffs, by their attorney, a dedimus is awarded them to Illinois.
**Martin Kathinbach vs 806 Gottlob Held et al**
Motion for security for costs filed.
**In the assignment of Geo Couch et al**
Assignment filed.
**James P Langford, James N Stephenson, Jacob Grimm and Henry Grimm vs 645 The Merrimack Toll Bridge Company**
On account.
Now come again the parties, by their respective attorneys, and also the Jurors empanneled and sworn herein and the defendant files an affidavit and by leave of Court files an amended answer herein thereupon by consent the Jurors are discharged from the further consideration of this cause and this cause is continued at the defendants costs: Leave is given the plaintiffs to amend.
**William B Gerring vs 467 William Brown**
By leave of Court first obtained plaintiff files an amended petition herein.
**George W Tennille vs 141 Cyprian M Clamorgans admr et al**
By consent of parties the time for answering herein is extended three weeks.
---
**Viewer Page 395** (rcdbook1859_29_0394.jpg)
> Handwritten Page Number on Record Book: 387
**William C Culbertson vs 343 Noah H Whitmore**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Henry A Kepp vs 117 Charles M Monell et al**
Motion to set aside default filed.
**Henry Pettes no Wm Cook et al garn.**
Motion to set aside judgment filed.
**Anson Carty vs 159 Ann Carty**
Motion to strike out answer filed.
**Alfred L Field et al vs 22 T Clark Manchester et al**
Answer filed.
**John Renfrew et al vs The Pennsylvania Ins co et al garn.**
The Quaker City Ins Co. one of the garnishees, files an answer.
**John D Daggett vs The Pennsylvania Ins Co et al garn.**
The Quaker City Ins Co, one of the garnishees herein, files an answer.
**Alexander Kelsey vs The Pennsylvania Ins Co et al garn.**
The Quaker City Ins Co, one of the garnishees files an answer herein.
**John B Valle vs James W Saymisch**
Interrogatories to Eli M Bruce filed.
**Hayden and Wilson vs 355 Henry Eichar**
Proof of Publication.
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.
**Hayden and Wilson vs 356 Henry Eichar**
Proof of Publication.
Now come the plaintiffs, by their attorney, and file proof satisfactory to the Court that order of publication made herein has been duly published according to law.
**Thomas Swales, Edward P Casteline, and Eugene B Sheridan vs 572 Herace A Conant**
On Note.
Now come the parties, by their respective attorneys, and also come a Jury to wit; William Williamson, William Hanna, W R Hines, J M Colbert, G Schingle, G F Ehrens, F Krenning, E P Rico, William Ruby, L Chartrand, J M Tinley, and William Boglehaus, twelve good and lawful men who being duly elected tried and sworn the issue herein joined well and truly to try the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the plaintiffs and assess their damages at the sum of five hundred and fourteen dollars and ninety cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the damages aforesaid as assessed and also their costs herein expended and have execution therefor.
**Frederick Jacoby and Jacob Feichart vs 622 Francis Le May and John Fitzgerald**
Trespass. Now come the parties, by their attorneys, also come a Jury to wit; Geo Wischman, R Stevens, F A McDonald, W Williams, H H Belden, J M Oves, J C Rives, A Harrington, D Brennon, C F Lauman, Jas A Bauer, and T F Keane, twelve good and lawful men who being duly elected tired and sworn the issues herein joined well and truly to try the trial progresses and being finished the Jurors retire to consider of their verdict.
---
**Viewer Page 396** (rcdbook1859_29_0395.jpg)
> Handwritten Page Number on Record Book: 388
Court met pursuant to adjournment, Present as before.
**Mary R Dufresne vs 312 Henry Derlam et. al.**
Answer filed.
**Frederick Jacoby et al vs 622 Francis le May and John Fitzgerald**
Trespass.
Now come again the parties, by their respective attorneys, and also come the Jurors empanelled and sworn herein and being agreed upon a verdict upon their oaths say they find for the plaintiffs and assess their damages at the sum of one dollar. It is therefore considered by the Court that the plaintiffs recover of the defendants the damages aforesaid in form aforesaid as assessed and also their costs in this behalf expended and have thereof execution.
**John Manly vs 73 Henry Buesmeyer et. al.**
On motion of the garnishee, Emil Ulrici, by his attorney, it is ordered that he be discharged hence, for want of interrogatories, at the plaintiffs costs and that execution issue therefor. The sum of five dollars is allowed said garnishee to be taxed as costs.
**Pierre Chouteau Jr et. al. vs 688 John Marshall et. al.**
It is ordered by the Court that an alias summons issue herein.
**Pierre Chouteau Jr et. al. vs 684 Steam Boat Henrietta**
Continued as on affidavit at the defendants costs on account of the absence of Dennis W Mc Guire as witness.
**William A Hargadine vs 200 Robert Clark et. al.**
On motion of the plaintiff, by his attorney, it is ordered by the Court that a Dedimus issue to the State of New York in his behalf, and by leave the plaintiff withdraws from the files the bill of exchange for the purpose of taking depositions.
**Jerome R Ward vs 740 Wylly King et. al.**
This cause is continued by consent of parties and thirty days are given the plaintiff to file a bond for costs.
**Derrick A January, James S Robbins, Gerard R Allen and Thomas F January vs 599 D Robert Barclay, Solomon A Robbins, George W Hungerford and Caleb Rice**
On Note.
Now come the plaintiffs and the defendants, Barclay and Robbins, by their respective attorneys, but the defendant, Caleb Rice, still makes default, and the plaintiffs dismiss this suit as to the defendant, George W Hungerford; thereupon come a Jury, to wit; William Williamson, William Hanna, J. J. Nersman, J M. Calbert, G Schingle, F Krenning, E P Rice, William Reilly, L Chartrand, J M Tinly, H T Blow and William Roglehaws, twelve good and lawful men who being duly elected tried and sworn well and truly to try the issues joined between the plaintiffs and the defendants, Barclay and Robbins, and also to enquire into and assess the plaintiffs damages against the defendant, Rice, the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the plaintiffs and assess their damages at the sum of Seventeen hundred and forty seven dollars and twenty cents. It is therefor considered by the Court that the plaintiffs recover of the defendants, D Robert Barclay, Solomon H Robbins, and Caleb Rice, the damages aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefor; and it is ordered by the Court that this judgment bear interest at the rate of ten percent per annum from this date until paid.
---
**Viewer Page 397** (rcdbook1859_29_0396.jpg)
> Handwritten Page Number on Record Book: 389
**David W Fenton, Aaron B Fenton, and Benjamin Fenton vs 59 Andrew Tainter**
Replwin.
Now come the plaintiffs, by their attorney, but the defendant still makes default, and the plaintiffs waiving a Jury submit the assessment of damages to the Court consenting that nominal damages may be assessed, the Court doth accordingly assess the plaintiffs damages at the sum of one cent. It is therefore considered by the Court that the plaintiffs retain the possession of the property delivered to them and that they recover of the defendant the damages aforesaid as assessed and also their costs herein expended and have execution therefor.
**John B Valle trading under the name and style of John B Valle & Co vs 35 James W Saynisch**
Default.
Now comes the plaintiff, by his attorney, but the defendant, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed.
**John Kearns vs 686 Peter Finan Executor of Thomas Finan**
Appeal from Probate Court.
Now come the parties, by their respective attorneys, and file an agreement and consent and agree that judgment may be rendered herein in favor of the plaintiff and against the defendant for the sum of two hundred and seventeen dollars. It is therefore considered by the Court that the plaintiff recover of the said defendant the debt aforesaid in form aforesaid as agreed and also his costs herein expended and that this judgment be certified to the Probate Court of St. Louis County for payment.
**John Kearns vs 687 Peter Finan Executor of Thomas Finan**
Appeal from Probate Court.
Now come the parties, by their respective attorneys, and file an agreement and consent and agree that judgment may be rendered herein in favor of the plaintiff and against the defendant for the sum of nine hundred and forty seven dollars and fifty five cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as agreed upon and his costs herein expended and that this judgment be certified to the St. Louis Probate Court for payment.
**Samuel N Holliday vs 616 William Lingo and Robert N Martin**
On Note.
Now come the plaintiff and the defendant, Martin, by their respective attorneys, but the defendant, Lingo, still makes default, also come a Jury, to writ; Richard Steven, Walter Williams, H H Belden, J M Owers, J C Rives, A Harrington, Dennis Brennin, C F Lauman, J A Bauer, W R Hynes, G F Ehrens and T F Kean, twelve good and lawful men who being duly elected tried and sworn as well the issues herein joined well and truly to try as also to assess the damages against the defendant William Lingo, the trial progresses and being finished the jurors aforesaid upon their oaths aforesaid say they find for the plaintiff and assess the damages at the sum of one hundred and eighty eight dollars and ten cents. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**Thomas Swales et. al. vs 572 Horace A Conant**
Motion for a new trial filed.
**John M Krum et. al. vs 402 Herman Besin etal**
Motion to set aside default filed.
**John C Evins vs 579 Tho Mc Adams**
Motion for a new filed.
---
**Viewer Page 398** (rcdbook1859_29_0397.jpg)
> Handwritten Page Number on Record Book: 390
**James O Carson and John E Brooks vs Isaac C Cable, Dynes Chambers and George W Capell**
The plaintiffs file a motion and notice of motion for execution and the Court having duly heard and considered the same doth order that an execution issue on the judgment rendered herein in favor of the plaintiffs and against the defendants at the April Term 1853 of this Court.
**Constantine Schnerr vs 692 Philip Schlaltweder, John Hermann, Philip Hartmann, and Charles Dellald**
On Note.
Now come the plaintiff and defendants, Hermann and Hartmann, by their respective attorneys, and the plaintiff dismisses this suit as Charles Dellald, but the defendant Schlattiveiler, still makes default; and a Jury being waived this cause is submitted to the Court and the Court having duly heard and considered the same doth find the issues herein joined between the plaintiff and defendants, Hermann and Hartmann, in favor of the plaintiff and doth further find that the defendants are 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 defendants the debt aforesaid as found and also the costs herein expended and have execution therefor.
**James H Russell vs 680 Nicholas Devoy etal**
Non suit.
This cause being called for trial the defendants Sylvester V Papin and Theophile Papin come by their attorney, but the plaintiff comes not, wherefore on motion of said defendants, it is ordered that the plaintiff be nonsuited and that defendants go hence without day and recover of the plaintiff their costs herein expended and have execution therefor.
**Robert Holmes vs 691 Frederick Naw**
Dismissal.
By consent of parties, it is ordered that this cause be dismissed at defendants costs and that execution issue therefor.
---
**Viewer Page 399** (rcdbook1859_29_0398.jpg)
> Handwritten Page Number on Record Book: 391
Court met pursuant to adjournment, Present as before.
**George Goes etal vs 370 & 525 H B Mevitt etal**
Dismissal. Two causes consolidated.
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.
**Andrew F Hummitsch vs 124 Jacob Bersch**
On Note.
Now comes the plaintiff, by his attorney, but the defendant 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 plaintiff in the sum of four hundred and ten dollars and 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; and it is ordered by the Court that this judgment bear interest at the rate of ten percent per annum from this date until paid.
**Mathias Mentrup vs 249 George W Putnam etal**
Now comes the plaintiff and dismisses this suit as to the defendant, George W Putnam.
**John W M Curdy's Admrx etal vs 743 Robert Emmet, M Carthy**
By leave of Court plaintiffs withdraw the amended petition and substitute the original petition herein, and cause continued.
**Lucian H Fuller vs 703 Ellsworth Miller and William H Fackler**
On Note.
Now come the plaintiff and the defendant, Fackler, by their respective attorneys, and the plaintiff dismisses this suit as to the defendant, Ellsworth Miller, 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 that the defendant is indebted to the plaintiff in the sum of two hundred and eighty dollars and six cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid as found and also his costs herein expended and have execution therefor; and it is ordered by the Court that this judgment bear interest at the rate of ten percent per annum from this date until paid.
**Peck Smith Manufacturing Company vs Emile F Kraft etal**
Now comes the plaintiff, by its attorney, and files a petition.
**Andrew F Hummitsch vs 123 Jacob Bersch**
Motion for judgment filed.
**Samuel Jacoby vs 459 James Coff**
Answer filed.
**James O Carson, Nicholas Springer and Thomas M Wanall vs 718 James Bissell**
On Account.
Now come the plaintiffs, by their attorney, but the defendant still makes default and the plaintiffs waiving a Jury submit the assessment of damages herein to the Court and the Court having duly heard and considered the proof doth assess the plaintiffs damages at the sum of one hundred and eighty four dollars and ninety cents. It is therefore considered by the Court that the plaintiffs recover of the said defendant the damages aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefor.
---
**Viewer Page 400** (rcdbook1859_29_0399.jpg)
> Handwritten Page Number on Record Book: 392
**John F Mauntel, Henry Buthe and Theodore Backer vs 714 Herman H Rolfes**
On Account.
Now come the plaintiffs and defendant 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 plaintiffs and assess their damages at the sum of Three hundred and ninety one dollars and fifteen cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid as assessed and also their costs herein expended and have thereof execution.
**James V Westlake and Appleton A Button vs 704 Charles F Hoelzle**
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 defendant is indebted to the plaintiffs in the sum of four hundred and forty seven dollars and thirty seven cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs in this behalf expended and have execution therefor.
**J C Bates vs Emile F Kraft and Otto C Kraft**
On Note and Account.
Now comes the plaintiff, by his attorney, but the defendants having failed to answer make default, wherefore the petition is taken against them as confessed; and the plaintiff waiving a Jury submit the assessment of damages to the Court and the Court having duly heard and considered the same doth assess the plaintiffs damages at the sum of two hundred and eighty four dollars and seventy six 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 herein expended and have execution therefor.
**Joseph Dilworth vs 719 James M Stephenson**
Continued on affidavit at defendants costs.
**Frederick Althorf etal vs 725 Augustus Beneke**
Continued by consent.
**The Commercial Insurance Company vs 785 William O Shands etal**
Dismissal.
On motion of the plaintiff, by its attorney, it is ordered by the Court that this cause be dismissed at plaintiff costs and that execution issue therefor.
**State use of Chat S Hempstead vs 738 Felix Coste etal**
Abstract of issues filed.
**The State of Missouri to the use of Armstrong Myer vs 750 Nathan Cole etal**
By leave of Court defendants file an answer and this cause is continued to the foot of the docket at the costs of the defendants.
**Joseph W Dougherty vs 403 S Mordecai**
By leave of Court defendant withdraws from the files the original answer herein and files another answer in lieu thereof, and on motion of said defendant a Dedimus is awarded him to the State Louisiana.
**James Cuddy vs 368 John S Thompson**
On motion of the defendant by his attorney, a Dedimus is awarded him to Louisiana.
---
**Viewer Page 401** (rcdbook1859_29_0400.jpg)
> Handwritten Page Number on Record Book: 393
**Philip Kingsland vs 369 John S Thompson**
On motion of the defendant, by his attorney, a Dedimus is awarded him to Louisiana.
**Johann Hermann Tenting vs 747 Matta Tenting.**
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 the plaintiff, by his attorney, it is ordered that the defendant be notified that a civil action has been commenced against her to obtain a decree of divorce from the bonds of matrimony existing between her and the plaintiff on the ground that she has absented herself without a reasonable cause for the space of two years, and also to obtain the control of the infant children mentioned in the petition, and that unless she appear at the next term of this Court to be begun and held at the City of St. Louis within and of the County of St. Louis, on the last Monday of September next and on or before the sixth day thereof answer to the action aforesaid according to law, the petition herein will be taken against her as confessed. And it is further ordered that a copy hereof be published in the Missouri Democrat, a newspaper printed and published in the City of St. Louis.
**Thomas Allen etal vs 386 St Louis and Iron Mountain Rail Road Company**
By consent of parties thirty days additional time are given the defendants answer herein.
**Andrew Wireland vs 391 William Bennett etal**
Dismissal.
On motion of the attorney for the plaintiff this cause is dismissed.
**Adam Road vs 731 Michael Ostertag and Francis Buhler**
On Bond.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Michael Ostertag, but the defendant, Francis Beehler, still makes default, and the plaintiff waiving a Jury submit the assessment of damages to the Court and the Court after hearing the proof doth assess the plaintiffs damages a the sum of two hundred and eighty eight dollars and eleven cents. It is therefore considered by the Court that the plaintiff recover of the defendant the sum of one thousand dollars, the penalty of the bond sued on, and also the costs of this suit, and that the plaintiff have execution for the damages aforesaid as assessed and also the costs of this suit.
**James H Russell vs 680 Nicholas Devoy etal**
The plaintiff files a motion to set aside the non suit herein.
**Wood W M Camant vs 726 John M Kellopp etal**
This cause is continued to the next term of this Court.
**Joseph Stettinius etal vs James Hughes**
Depositions for plaintiffs opened and filed.
**Simon Meyberg etal vs Farmers Ins Co**
Depositions for plaintiffs opened and filed.
**W L Ewing etal vs 827 Valentine Reis etal garns**
Reply to denial of answer filed.
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**Viewer Page 402** (rcdbook1859_29_0401.jpg)
> Handwritten Page Number on Record Book: 394
**Marguard Forster vs 736 Anton Jaeger and John Neff**
On Note.
Now come the plaintiff and defendant, Neff, by their respective attorneys, but the defendant Jaeger still makes default, and a Jury being waived this cause is submitted to the Court upon the pleadings exhibit 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 three hundred and forty two dollars and twenty 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 also his costs herein expended and have thereof execution.
Court met pursuant to adjournment. Present as before.
Thomas E Courtenay, Sheriff, appoints James H Douglass a deputy sheriff of St. Louis County, which appointment is approved by the Court.
**James H Russell vs 680 Nicholas Devoy etal**
The plaintiffs motion to set aside the non suit herein being heard and fully considered by the Court is sustained, and this cause is continued at the plaintiffs costs.
**Henry Boernstein and Frederick E Schoefer vs 25 Simon Eimer**
Dismissal.
And now at this day come the plaintiffs and dismiss this suit and releases all actions right of action and claim on the delivery bond given by Andreas Krug and John Kun in said cause and the defendant also comes and releases all actions rights of action and claim in the attachment bond given by Frederick Schaefer and P H Ewald in said cause; and it is ordered that execution issue for the costs herein. Stipulation filed.
**In the matter of the assignment of Otto Oncken**
Assignee files a petition for discharge from trust.
**James Long etal vs 472 Julia A Gordon etal**
The defendants Julia A Gordon, Preston Gordon and W Bacon Sr file an answer.
**Frederick Dutchman vs 224 Matthew Rippey etal**
Bond for costs filed and approved.
**James R Graham etal vs 31 Oliver S Watt**
Answer filed.
**In the matter of the assignment of Cooper and Johnston**
The assignee files a bond herein which is approved by the Court.
---
**Viewer Page 403** (rcdbook1859_29_0402.jpg)
> Handwritten Page Number on Record Book: 395
**Peter Lindell vs 715 Pelagie Lee**
By leave of Court first had and obtained defendant files an answer herein.
**Shepherd and Spence vs 115 St Charles Western Plank Road Company**
Order for Subpoena Duces Tecum.
On motion of the plaintiffs, by their attorney, it is ordered that a subpoena duces tecum be issued to the Secretary of said defendant, John K Mc Dermory, requiring him to produce on the trial of this cause the records of the said Company or of the Board of Director thereof, also the final estimates of the work done by plaintiff in grading the road of the defendant, particularly the final estimates of the work done on Sections eight and nine of said road by plaintiffs, also the contract between plaintiff and defendent for the grading ofsaid road dated about May 17th 1852, also all papers orders and records relating to said work or to said contract or to any of the matters in dispute in this cause relating to said road.
**D A January etal vs 599 D Robert Barclay etal**
Motion for a new trial filed.
**William W Holloway vs 64 George S Thompson**
Remittitur.
Plaintiff remits to the defendant the sum of five hundred and eighty dollars and eighty cents part and parcel of the judgment herein rendered.
Court met pursuant to adjournment. Present as before.
**William G Hill vs William Hassinger**
Assignment of judgment filed.
**Reese J Thomas vs 843 Henry S Eaton garns**
Continued.
**George Rogers vs 844 George G Presburry garns**
On motion of the plaintiff the said garnishee is discharged at plaintiffs costs without an allowance.
**William T Jennings, Benjamin F Robinson, and James T Pettis vs 789 Morris D Myers**
On notes.
Now come the parties, by their respective attorneys, and by consent and leave plaintiffs amend their petition by striking out Moses and inserting Morris in given name of defendant; and the parties agree that judgment may be rendered in favor of the plaintiffs and against the defendant for the sum of four hundred and twenty three dollars and twenty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as agreed upon and also their costs herein expended and have execution therefor.
**William B Gerring vs 467 William Brown**
Defendant files a demurrer to the amended petition.
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**Viewer Page 404** (rcdbook1859_29_0403.jpg)
> Handwritten Page Number on Record Book: 396
**Joseph Charless etal vs 840 George E Hawley and G B Sweet garns of Chicago Alton & St Louis RR Co**
Dismissal.
On motion of said garnishees, by their attorney, it is ordered that they be discharged at the plaintiffs costs and that execution issue therefor. The sum of ten dollars is allowed each for answering to be taxed as costs.
**Joseph Charles etal vs 840 George E Hawley and G B Sweet garns of Chicago A & St L R R Co**
Dismissal.
On motion of said garnishees, by Attorney, it is ordered by the Court that they be discharged at plaintiffs costs and that execution issue therefor. The sum of ten dollars is allowed each for answering to be taxed as costs.
**Charles Wiggins vs 807 Napoleon B Mulliken**
Continued as on affidavit at defendants costs on account of the absence of A Christy a witness.
**Robert Causse etal vs 164 William A Bassett etal**
Plaintiff files an additional on attachment bond the name of Gilbert A Pryor, and the said Pryor acknowledges the same and the same is accordingly as approved.
**Robert Causse etal vs 820 F A Kinnon garnishee of Bassett and Clay**
Default.
Now come the plaintiffs, by their attorney, but the said garnishee although duly summoned and called comes not but makes default wherefore he interrogatories are taken against him as confessed.
**Frederick K Berby vs 786 Charles Curtis**
Continued on affidavit at defendants costs.
**State use of Hempstead vs 738 Felix Coste etal**
Continued.
**John G Falconer etal vs 787 Charles Curtis**
Continued on affidavit at defendants costs.
**Thomas L Clarke etal vs 418 A Titus**
Now comes the Union Bank of Louisiana, by attorney, and files a motion to set aside the judgment and to dissolve the attachment herein.
**The Union Bank of Louisiana vs 428 A Titus**
Proof of Publication. Default.
Now comes the plaintiff, by its 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 warned and solemnly called comes not but makes default, wherefore, on motion of plaintiff, the petition herein is taken against said defendant as confessed; Cause continued.
**Simon Meyberg vs 773 Bernard Midas etal**
On motion of plaintiff, by attorney, it is ordered that an alias summons issue herein returnable to the next term, until which time this cause is continued.
**Charles Y Reeder vs 118 Thomas P Shallcrofs**
Plaintiff files a bond for costs which is approved by the Court.
**Robert Scanlan etal vs 89 Stephen Hoyt etal**
Defendants files an answer by consent.
---
**Viewer Page 405** (rcdbook1859_29_0404.jpg)
> Handwritten Page Number on Record Book: 397
**William W Holloway vs Nelson H Powers garnishee of George S Thompson**
Garnishment.
Now comes the plaintiff, by his attorney, and moves the Court for judgment on the answer of said garnishee and it appearing to the Court from the answer that the said garnishee at the time he was summoned herein as such was idebted to the defendant George S Thompson in the sum of fifty five dollars and fifty five cents. It is therefore considered by the Court that the plaintiff recover of said garnishee the debt aforesaid as confessed and that out of said sum he pay the costs of this suit; The Court allows the plaintiff the sum of ten dollars for answering to be taxed as costs.
**Leopold Peppenheimer etal vs 801 John Leiver**
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue.
**William Siever vs 792 Adolphus Meier and John C Rust**
Order of Reference.
By consent of parties, it is ordered that this cause be and the same is hereby referred to Samuel A Bennett to hear and decide the matters in controvery, and that he make a report of his proceedings as early as practicable.
**Charles Blwin etal vs 842 Albert Heingheter garns**
Continued by consent.
**Abraham Newmark vs 763 Geo S Mawson**
Continued on affidavit at defendants costs.
**Benjamin M Runyon vs 110 John R Bart, Stephen C Jett and James S Jett**
On motion of the plaintiff by his attorney, it is ordered that the judgment by default against defendant, Bart, and the dismissal as to the defendants, Stephen C and James S Jett, be set aside and vacated; thereupon come said defendants, Stephen C and James S Jett, by their attorney, and file an answer and enter their appearance herein.
**Peter G Camden vs 87 John R Bart etal**
Now come the defendants, Stephen C and James S Jett, by their attorney, and enter their appearance to this action and file an answer herein.
**Benjamin M Runyon vs 88 John R Bart etal**
Now come the defendants, Stephen C and James S Jett, by their attorney, and enter their appearance to this action and file an answer herein.
**William B Watson vs A A Van Wormer etal**
Depositions for defendants opened and filed.
**Joseph Stettinius etal vs 75 James Hughes**
Exhibit being Copy of Chater, filed by consent.
**Roswell S Benedict etal vs 494 Francis Sawslayer**
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Elijah C Emerson etal vs 495 Francis Sawslayer**
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 therefor issue.
---
**Viewer Page 406** (rcdbook1859_29_0405.jpg)
> Handwritten Page Number on Record Book: 398
**Richard A Edey vs 496 David Dunham**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**Henry Townsley vs 751 Job S White**
On Note.
Now come the parties, by their respective attorneys, and also come a Jury to wit; George Lynch, E H Reinheimer, William Lingo, William Palmer, Alfred Slea, Perry Turner, W W C Perry, John Graham, Geo S Chard, J D Bascom, H H Freese and George Boecher, 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 say they 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 plaintiff his costs and charges herein expended and have execution therefor.
**Elizabeth Birch vs 794 Enno Sander**
Continued on affidavit at defendants costs.
**John Deitz vs 241 Mount City Ins Co**
Motion to suppress depositions filed.
**Alexander Kelsey etal vs 754 H M Meyer**
Continued.
**John Duer Jr, C Sidney Norris and Alexander T Johnson vs 614 Philip Hess and Gustav Pous**
Petition.
Now at this day come the plaintiffs, by their attorney, and dismiss this suit as to Philip Hess, he not having been served with process, and this cause being now called for trial between plaintiffs and the other defendant, Gustav Pous, and neither party requiring a Jury all and singular the matters and things in controversy are submitted to the Court and the Court after hearing the evidence in the cause doth find that the plaintiffs are entitled to recover of and from the defendant the sum of three hundred and seventy nine dollars and fifty six cents. It is therefore considered by the Court that the plaintiffs recover of and from the defendant the said sum of three hundred and seventy nine dollars and fifty six cents so as aforesaid found to be due together with their costs and charges by them about their suit in this behalf expended and that they have execution therefor. It is ordered that the drafts mentioned in plaintiffs petition and filed therewith be delivered to said defendant, Pous, to be cancelled.
**The First Ward Savings Institution vs 180 The Missouri Spinning Company etal**
The demurrer to the petition herein being heard and fully considered by the Court is sustained; Leave is given the plaintiff to file an amended petition.
**Henry Townsley vs 760 Benjamin S Compton**
On Plea in abatement.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; William Lother, J J Gill, James Smith, Henry Swerding, Henry Schuster, Ernst Schmidt, James Donivant, Samuel Knight, Jacob Etting, J H Buchoath, Isaac T Greene, and Aug Twillman, 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 progresses but not being finished is laid over until to morrow.
---
**Viewer Page 407** (rcdbook1859_29_0406.jpg)
> Handwritten Page Number on Record Book: 399
Court met pursuant to adjournment. Present as before.
**Abraham A Vanllloumer vs 754 Lyman S Elliott etal**
Continued by consent.
**William L Ewing etal vs 827 Valentine Reis etal garns**
Continued.
**William B Watson vs 23 Abraham A Vanllloumer etal**
Motion to suppress depositions filed.
**W E Dill vs 800 Washington Stewart etal**
Continued by consent.
**William L Ewing etal vs 317 Joseph Dessert etal**
Now comes the defendant, Henry Cate, and waiving the issue and service of process and enters his appearance to this action. Continued.
**William W Holloway vs Nelson H Powers garnishee of George S Thompson**
Satisfaction.
Plaintiff, by attorney, in open Court acknowledges to have received full and entire satisfaction of the Judgment rendered herein.
**The Union Bank of Louisiana vs 428 A Titus**
On motion of plaintiff a Dedimus is awarded plaintiff to Louisiana.
**William T Hazard vs 253 William A Whiting etal**
Defendant Whiting files a motion to recall execution.
**Eugene Mittenberger, Camille Miltenberger, and Charles Miltenberger vs 421 John W Spalding and Gallitzen A Horrell**
On Bill of Exchange.
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, and being fully advised of and concerning the premises, doth find the issues herein joined in favor of the defendants and against the plaintiffs. It is therefore considered by the Court that the plaintiffs take nothing by their suit in this behalf but that the defendants go hereof without day and recover of said plaintiffs their costs and charges in this behalf expended and have execution therefor.
**In the matter of the assignment of John M Cooper and James Johnston**
Order of Sale.
Now come into Court James M Gardiner and Richard M Scruggs, assignees in this behalf, and file and present to the Court their petition for an order approving the acceptance by them as such assignees of a proposition made to them by Pierce Brothers and Flanders, to wit; for the purchase of the remainder of the leasehold term assigned to said petitioner and of all the fixtures fin the said deed of assignment mentioned, and of the remaining goods and merchandize unsold and in the hands of said assignees, all for the sum of Seven thousand five hundred and eighty eight dollars and forty four cents in cash : Whereupon the Court upon examination of the said petition and the affidavits filed therewith and being fully advised of and concerning the premises doth order that the said proposition be accepted by said assignees and the said proposed sale made by them as above stated.
**James C Calm vs 243 M Rosenbaum etal**
Plea in abatement filed.
**David Anderson etal vs 374 Missouri Spinning Company**
Answer filed.
---
**Viewer Page 408** (rcdbook1859_29_0407.jpg)
> Handwritten Page Number on Record Book: 400
**Lewis Emmons vs 26 A B Fenton etal**
Depositions for plaintiff opened and filed.
**William H Richardson vs 61 Azariah Connelly and William H Haggerty**
On Note.
Now comes the plaintiff, by his attorney, but he 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 found that the defendants are indebted to the plaintiff in the sum of one hundred and seventy two dollars and thirty five cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and also his costs herein expended and have execution therefor.
**William Bruguire etal vs 346 Thomas M Taylor etal**
Dismissal.
By consent of parties it is ordered that this cause be dismissed at defendants costs and that execution issue therefor. Plaintiffs by leave withdraw the notes sued on.
**Henry Townsley vs 760 Benjamin S Compton**
Now come again the parties, by their respective attorney, and also the Jurors empanelled and sworn herein the trial progresses but not being finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
**Asa Wilgus vs 390 Benjamin Ames**
Dismissal.
On motion of the plaintiff, by attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefor. Plaintiff by leave of Court withdraws the note sued on from the files.
**Caw and Kennett vs 908 Jeremiah Cronen Admrx**
Continued by consent.
**Joseph Wild vs 340 George Couch etal**
Dismissal.
On motion of the plaintiff, by attorney, it is ordered by the Court that this cause be dismissed at the plaintiffs costs and that execution issue therefor. Plaintiff withdraws from the files the bill of exchange sued on by leave of Court.
**William James vs Louis Patterson**
Confession.
Now comes the plaintiff and also comes the defendant and files his statement in writing duly verified by affidavit whereby he confesses himself indebted to the plaintiff in the sum of two hundred and ninety nine dollars and sixty seven cents and authorizes the entering up of judgment 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 debt aforesaid in form aforesaid as confessed and also his costs herein expended and have execution therefor; and it is ordered by the Court that this judgment bear interest at the rate of ten percent per annum from this date until paid.
---
**Viewer Page 409** (rcdbook1859_29_0408.jpg)
> Handwritten Page Number on Record Book: 401
**Meshack H Carroll vs 911 John W Carroll garnishee of Wiby J Stratton**
Default.
Now comes the plaintiff, by his attorney, but the said garnishee although duly summoned and called comes not but makes default, wherefore the interrogatories are taken against him as confessed.
**Charles S Rannells vs 370 Richard Allnger etal**
Defendant, Unger, files an answser herein.
**Benjamin Leiber vs James S Carlisle**
Depositions for plaintiff opened and filed.
**Joseh J Clark vs 254 Charles Athinger, Julius Schrick Emil Schrick and Richard Schrick**
On Note.
Now comes the plaintiff, by his 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 plaintiff in the sum of three hundred and sixteen 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; Judgment to bear interest at the rate of ten percent per annum.
**Geo G Samuel vs 445 Geo W Manning etal**
Motion to strike out answer filed.
**Samuel Goulding etal vs 549 Elijah G Tuttle and Harvey W Smith garnishees of William Renth**
Said garnishees file and appeal bond in the sum of fifty three hundred dollars with themselves, as principals, and William H Benton and E Williams Fox, as securities, which bond is approved by the Court.
**Robert S Armstrong etal vs 556 Elijah G Tuttle and Harvey W Smith garnishees of William Renth**
Said garnishees file an appeal bond in the sum of thirty two hundred dollars with themselves as principals and E Williams Fox and William H Benton as securities which bond is approved by the Court.
**Jefferson S Jerman vs 238 Mary L Barret, Joseph A Barret, and Anapias Rice**
On Note.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendants, Mary L Barrett and Anapias Rice, but the defendant Joseph A Barrett 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 plaintiff in the sum of twenty three hundred and seventy dollars and eight cents. It is therefore considered by the Court that the plaintiff recover of the defendant Joseph A Barret the debt aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**Simon Meyberg etal vs 802 Farmers Union Ins Co**
Motion to suppress depositions filed.
**John C Ivory vs 409 Francis J Smith etal**
Defendant Smith files an answer herein.
---
**Viewer Page 410** (rcdbook1859_29_0409.jpg)
> Handwritten Page Number on Record Book: 402
**Augustus P Ladew, Valentine J Peers and William Bright vs 17 Horatio Clark, Johnson and Ross**
On Note.
Now come the plaintiffs, by their attorney, and dismiss this suit as to the defendants Johnson and Ross, and move the Court for judgment on the answer of Clark, which motion is, after due consideration by the Court, sustained, 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 plaintiffs in the sum of one hundred and seventy six dollars and two cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs herein expended and have execution therefor.
**Robert Jackson vs 842 Mallet C Jackson**
On motion of plaintiff, by his attorney, leave is given him to file an amended petition; and it is ordered that the furnish the defendant a copy thereof.
**State use of Chas S Hempstead vs 738 Felix Coste etal**
Motion to set aside continuance filed.
**Henry Townsley vs 760 Benjamin S Compton**
Now come again the parties, by their respective attorneys, and also the Jurors empanelled and sworn herein and the trial progresses but not being finished is laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
**In the matter of the Petition of Thomas Allen**
Order Substituting Sheriff Trustee.
It appearing to the satisfaction of the Court from the petition of Thomas Allen now filed that Benjamin B Dayton, trustee in a certain deed of trust executed by George Bauman and Elizabeth his wife recorded in Book C 5 page 264 and following of the Recorders office, has departed this life without having completed the performance of the trust imposed upon him by said deed of trust, it is therefore ordered that Thomas E Courtenay Sheriff of St. Louis County be and he is hereby substituted trustee in place of the said Benjamin B Dayton with the like powers and trusts.
**Lewis Downing etal vs 41 John M Hockaday etal**
On motion of the plaintiffs, by their attorney, it is ordered that an alias attachment and summons issue herein returnable to the next term of this Court until which time this cause is continued.
**Lewis Downing etal vs William H Barksdale and Barksdale Davidson garnishees of Jno M Hockaday etal**
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered that the said garnishees be discharged at plaintiffs costs and that execution issue therefor.
---
**Viewer Page 411** (rcdbook1859_29_0410.jpg)
> Handwritten Page Number on Record Book: 403
**Nathan Colman vs 154 Charles Marlow Sr etal**
Dismissal.
On motion of plaintiff, by his attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefor. By leave of Court plaintiff withdraws from the files the note and protest herein.
**Henry Townsley vs 751 Job S White**
Plaintiff files a motion for a new trial herein.
**William L Catherwood etal vs 239 Julius Busch**
On motion of defendant, by attorney, a Dedimus is awarded him to Prussia.
**Kenneth Mackenzie vs 797 William Scanlan etal**
Continued on affidavit at defendants costs.
**Henry Townsley vs 760 Benjamin S Compton**
On Plea in Abatement.
Now come again the parties, by their respective attorneys, and also the Jurors empanelled and sworn herein, and the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the plaintiff. It is therefore considered by the Court that the defendant, at the date of the commencement of this suit, had secretly removed his property on effects into this State.
**Patrick Nowlan vs 803 John Austwick**
Non suit.
Now at this day this cause being called for trial, the defendant comes, by attorney, but the plaintiff although duly called comes not, wherefore on motion of defendant it is 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.
**Martin Kathenbach vs 806 Gottlob Held etal**
Non Suit.
This cause being called for trial, the defendants Muller and Scherzinger, come by their attorney, but the plaintiff, although called comes not, wherefore on motion of said defendants is considered by the Court that the plaintiff be nonsuited and that the defendants go hence without day and recover of plaintiff their costs herein expended and have execution therefor.
**Robert Jackson vs 842 Mallet C Jackson**
Amended petition filed.
**Joseph A Sweetzer & Co vs 791 Michael Gregg**
Continued.
**Richard Novis etal vs 635 The Calloway Mining and Manufacturing Company**
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor.
**First Ward Savings Institution vs 180 Missouri Spinning Company etal**
Amended petition filed.
**A W Lewis's admr vs 781 Jno F Hague**
Continued.
Alexander J P Garesche, who is personally known to the Court, in open Court, acknowledges the execution of a deed of emancipation by him to his negro slave named John Nelson alias John T Williams.
---
**Viewer Page 412** (rcdbook1859_29_0411.jpg)
> Handwritten Page Number on Record Book: 404
**John Herron vs 858 Geo W Putman etal**
Continued at plaintiffs costs.
**Meshack H Carroll vs 911Jno W Carroll garns**
Continued.
**Thomas Green vs 495 Charles L Hunt**
Satisfaction.
Now comes the plaintiff, in person, and acknowledges to have received full and entire satisfaction of the judgment herein rendered.
**Abraham Hanna vs 721 Edward Morgan**
On Account.
Now come the parties, by their respective attorneys, and also come a Jury to wit; Geo Lynch, E H Reinheimer, William Palmer, Alfred Slea, John Graham, George Schard, J D Bascom, H H Freese, W R Haclan, J D Fine, David Ryan and E H Wheedon, 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 say they 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 thereof without day and recover of plaintiff his costs herein expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
**John Wolf etal vs 7 John B Bayer**
Default.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called comes not but makes default wherefore the petition herein is taken against him as confessed.
**William T Hazard vs 487 Joseph Hyman etal**
The garnishees Harding Gwin & Co waive the allowance heretofore made them herein.
**Andrew L Kerr vs 4 Jno A Williams etal**
It is ordered by the Court that an alias summons issue herein and this cause is continued. On motion of Nr J K Knight, attorney for plaintiff.
**Andrew J Coens vs 189 Benjamin H Batte**
On motion of the plaintiff, by his attorney, the time to reply herein is extended twenty days.
**F S Griesmeyer vs 54 Frederick Luppeng**
Dismissal.
The plaintiff having failed to file security for costs within the time allowed him to todo, It is therefore, on motion of the defendant, by his attorney, ordered by the Court that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**Louis G Picot vs 79 James Clemens Jr etal**
Continued.
**Louis G Picot vs 8 Henry P Wortman etal**
Continued.
---
**Viewer Page 413** (rcdbook1859_29_0412.jpg)
> Handwritten Page Number on Record Book: 405
**Elisha B Greene etal vs 845 Charles Gage garnishee of James L Gage**
Dismissal.
On motion of said garnishee, by attorney, it is ordered by the Court that he be discharged at plaintiffs costs and that execution issue therefor. The sum of ten dollars is allowed him for answering to be taxed as costs.
**The State of Missouri upon the relation of James Mc Donough Collector of St. Louis County vs 399 Albert Hinzpeter, Henry Heneke and Henry G Bilstein**
Dismissal. Default.
Now comes the plaintiff, by attorney, and dismisses this suit as to the defendants, Albert Hinzpeter and Henry G Bilstein, but the defendant, Henry Heneke, although duly summoned and called comes not but makes default, wherefore, on motion of plaintiff, the petition herein is taken against the said defendant as confessed.
**G M Murtry administrator of Harvey H Humphrey vs 13 James Castello**
Replevin.
Now come the parties, by their respective attorneys, and consent and agree that judgment may be rendered in favor of the plaintiff and that the damages be assessed at one cent and the costs remaining unpaid be taxed equally between plaintiff and defendant. It is therefore considered by the Court that the plaintiff retain the possession of the property taken by the Sheriff and delivered to plaintiff and that he recover the damages aforesaid in form aforesaid as assessed by agreement and also one half of the costs remaining unpaid and have execution therefor; and it is ordered that one half of said costs be taxed against said plaintiff and that execution issue therefor.
**Alfred L Field etal vs 22 T Clark Manchester etal**
On motion of plaintiffs, by their attorney, a Dedimus is awarded them to Wisconsin.
**Alfred L Field etal vs George B Sanderson garnishee**
On motion of plaintiffs, by their attorney, a dedimus is awarded them to Wisconsin.
**Benjamin Lacy, Levi Defoe, William D Bacon, and Enoch Berry Trustee of the Methodist Episcopal Church South vs 917 Andrew King Executor of Elizemund Basye**
Appeal from Probate Court.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; R M Hubbard, Paul Degarly, William Lingo, P Turner, W W C Perry, George Boecker, William Lother, J J Gill, James Smith, H Severding, H Schuster and Ernst Schmidt, twelve good and lawful men who being duly elected tried ans sworn the issues herein joined well and truly to try the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the plaintiffs and assess their damages at the sum of one hundred and two dollars and fifty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid in form aforesaid as assessed and also their costs herein expended and that this judgment be certified to the Probate Court of St. Louis County for payment. Defendant files a motion for a new trial.
Thomas H Lockin, who is personally known to the Court, in open Court, acknowledges the execution of a deed of emancipation to his slave woman, Lydia wife of Carter, a free mulatto man, said Lydia is of light mulatto color, about five feet seven inches in height, rather slightly made and aged about forty two years.
**Robert S Armstrong etal vs 556 Elijah G Tuttle & Harvey W Smith garns of Renth**
Bill of Exceptions filed by consent and leave of Court.
**Henry Townsley vs 760 Benjamin S Compton**
Motion for a new trial on plea in abatement filed.
---
**Viewer Page 414** (rcdbook1859_29_0413.jpg)
> Handwritten Page Number on Record Book: 406
**The Pacific Insurance Company vs 244 Delllit C Sanford, John W Spalding Golitzen A Horrell**
On Note.
Now comes the plaintiff, by its attorney, and dismisses this suit as to the defendant Glitzen A Horrell, but the defendants, Delllit C Sanford and and John W Spalding, although duly summoned and called come not but make default, wherefore the petition herein is taken against them as confessed; and the Court finds form 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 sixty eight dollars and 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.
**A M Waterman etal vs 175 Stafford etal**
Amended petition filed by leave.
**Robert P Clarke vs Isaac L West**
Satisfaction.
Plaintiff by his attorney comes and acknowledges to have received full and entire satisfaction of the judgment herein rendered.
**Charles Darrieux and Picard vs 11 Paul Mestayer and Omer Pergeline**
Order of Sale.
Thomas E Courtenay, 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 great loss and expense before the probable termination of this suit; it is therefore ordered that the said Sheriff sell said property according to law and make a report of his proceedings under this order over before the first day of the next term of this Court.
**Edward Curley vs 892 William L Sloss Executor of Susan Talbot**
Appeal from Probate Court.
Now come the parties, by their respective attorneys, and also comes a Jury to wit; R M Hubbard, Paul Degarley, Joseph Donwant, P Turner, W W C Turner, George Bocker, William Lother, J J Gill, Samuel Knight, H Swerding, H Schuster, and Ernst Schmidt, 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.
---
**Viewer Page 415** (rcdbook1859_29_0414.jpg)
> Handwritten Page Number on Record Book: 407
Court met pursuant to adjournment. Present as before.
**Edward H Mead vs 86 John R Bart etal**
The defendants Stephen C and James S Jett file an answer herein.
**Edward H Mead vs 105 John R Bart etal**
The defendants Stephen C and James S Jett file an answer herein.
**Alfred M Waterman etal vs 175 Stafford etal**
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor, and that the Sheriff release the property attached.
**C H Wiegman vs 28 Patrick Morris**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefor.
**Joseph E Elder etal vs 520 Porter Steward and Company etal garnishees of Jos Hyman etal**
On motion of James F Gyles, one of the garnishees, by attorney, it is ordered that he be discharged at plaintiffs costs and that execution issue therefore The sum of ten dollars is allowed him for answering to be taxed as costs.
**Calvin F Burns vs Christian Schaffler, and John H Fischer**
On Note.
Now comes the plaintiff by his attorney, but the defendants failing to answer 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 plaintiff in the sum of three hundred and ninety one dollars and forty 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 also his costs herein expended and have execution therefor.
**Calvin F Burnes vs Christian Schaffler, Lorenz Schaffler, and John H Fisher**
On Note.
Now comes the plaintiff, by his attorney, but the defendants failing to answer 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 plaintiff in the sum of Six hundred and sixty one dollars and thirty four 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.
**Sherman J Bacon etal vs 815 Frederick M Colburn, John J Outley, and John A Thompson garnishees of the Terre Haute Alton & St. Louis Rail Road Co.**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that the said garnishees Fred M Colburn and Jno of Outley be discharged at plaintiffs costs without an allowance, and that the said John A Thompson be discharged at plaintiffs costs with an allowance of ten dollars for answering and that execution issue therefor.
**The Exchange Mutual Marine Insurance Company vs 285 Louis Pechmann etal**
It is ordered by the Court that an alias summons issue herein for the defendant, Joseph Pfeiffer, returnable to the next term of this Court and until which time this cause is continued. On motion of Mr. John Decker attorney for plaintiff.
---
**Viewer Page 416** (rcdbook1859_29_0415.jpg)
> Handwritten Page Number on Record Book: 408
**Exchange Mutual Insurance Company vs 286 Lorenz Schlenker etal**
It is ordered by the Court that an alias summons issue herein for the defendants Lorenz Schlenker and Joseph Pfeiffer, returnable to the next term of this court until which time this cause is continued. On motion of Mr. Decker one of plaintiffs attorneys.
**Priscilla Baltimore vs 6 Jackson Bodkins**
Now comes the plaintiff, by R F Wingate, her attorney, and also comes the defendant, by William L Sloss, his attorney, and by their consent this cause is continued at the plaintiffs costs.
**Robert Jackson vs 842 Mallet C Jackson**
Answer and counterclaim filed.
**John Sigerson vs 814 John M Krum**
Answer filed.
**First Ward Savings Institution vs 180 The Missouri Spinning Company etal**
Defendant Louis Bosse files an answer herein.
**William E Dill vs George W Stewart etal**
Depositions for plaintiff opened and filed.
**Burwell Peck vs 519 William Peck**
Confession of Judgment.
Now comes the plaintiff, by his attorney, and also comes the defendant and files his statement in writing duly verified by affidavit whereby he confesses himself indebted to the plaintiff in the sum of eight hundred and sixty four dollars and twenty cents authorizes the entering up of judgment against him in favor of plaintiff for that amount. 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.
**James Rogers and Company vs 848 Augustus P Ladew administrator of Thomas Grey.**
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 plaintiffs in the sum of four thousand three hundred and fifty six dollars and two cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs herein expended and have execution therefor, and that the same be classified and placed in the seventh class of demands against the said estate, 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. The plaintiffs file a motion to set aside classification of demand.
**Percival Platt vs 10 William Bward**
On motion of defendant, by his attorney, leave is given him to file a motion to compel plaintiff to elect between the several and inconsistent causes of action and relief sought by said plaintiff and in default thereof to strike out petition, and said motion is accordingly filed, and time, until after the determination of said motion to compel plaintiff to elect, is given the defendant to answer herein.
**Lewis Emmons vs 126 A B Fenton etal**
Motion to suppress depositions filed.
**Joseph J Clark vs 254 Chas J Altinger etal**
Motion to set aside judgment and affidavit in support thereof filed.
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**Viewer Page 417** (rcdbook1859_29_0416.jpg)
> Handwritten Page Number on Record Book: 409
**Robert Jackson vs 842 Mallet C Jackson**
Petition for production of books filed.
**Edward Curley vs 892 William Sloss Executor of Susan Talbot**
Appeal from probate Court.
Now come again the parties, by their respective; attorney, and also the jurors empanelled and sworn herein and the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid find for the plaintiff and assess his damages at the sum of two hundred and sixty six dollars and sixteen cents. It is therefore considered by the Court that the plaintiff recover of the Estate of Susan Talbot in the hands of William L Sloss per executor the damages aforesaid in form aforesaid as 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.
**Hamilton & Bros vs 414 De Haven & Barton**
On motion of plaintiffs, by attorney, it is ordered that an alias writ issue to St. Louis County for defendant De Haven and to Cooper County for defendant Barton.
**William Shepherd and Thomas Spence vs 115 St Charles Western Plank Road Company**
Change of Venue from St Charles County Circuit Court.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; Isaac J Greene, Augustus T Willman, J H Bucksath, Jacob Etting, Samuel Knight, Joseph Dorwant, Ernst Schmidt, Henry Schuster, Henry Severding James Smith, John J Gill and William Lother, 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 say they find for the plaintiffs and assess their damages at the sum of twenty five hundred and forty nine dollars and ninety five cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefor.
---
**Viewer Page 418** (rcdbook1859_29_0417.jpg)
> Handwritten Page Number on Record Book: 410
Court met pursuant to adjournment. Present as before.
**First Ward Savings Institution vs 774 Patrick E. Burke**
Petition for money had and received.
Now comes the plaintiff, by its attorney, but the defendant still makes default, and the plaintiff waiving a Jury submits the assessment of damages to the Court and the Court having duly heard and considered the proof doth assess the plaintiff damages at the sum of Eight hundred and sixty nine dollars and twenty eight cents. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as assessed and also its costs herein expended and have execution therefor.
**Henry Townsley vs 760 Benjamin S Compton**
Motion to set aside petition filed.
The Plaintiff files an additional affidavit for further attachment herein and the Court after due consideration thereof doth order that a further attachment issue herein returnable to the next term of this Court.
**Lewis Emmons vs 26 A B Fenton et. al.**
Affidavit in support of motion to suppress depositions filed.
**Madison Y Johnson vs 167 Cornelius D Sullivan and John Beakey**
Petition in Ejectment.
Now at this day come the parties, by their respective attorneys, and file the following agreement; "Now come the parties to this suit by their respective attorneys and agree upon the following facts, to wit; That at the commencement of this suit the original plaintiff, Harrah Johnson, was entitled to the land sued for; that since the commencement of this suit she died and the present, plaintiff, Madison Y Johnson, succeeded to last nights as her sole heir to said land and continued entitled thereto as such heir until the second day of July, 1858, when by a Sheriffs sale under an execution upon a Judgment in favor of said Sullivan against said Madison y Johnson the said Sullivan became entitled to said land. It is therefore further agreed that Judgment be now rendered in this case in behalf of said plaintiff against said defendants herein for one cent damages and all costs made and accrued in this suit. Albert Jodd atty for peff. Thos J Gantt for C D Sullivan. ral:" and the parties, in open Court consent and agree that judgment be now rendered in favor of the plaintiff and against the defendants for the sum of one cent and costs. It is therefore considered by the Court that the plaintiff recover of the defendant to the damages aforesaid as agreed upon and also his costs herein expended and have execution therefor.
**William H waters vs 164 John C. Bull**
A dedimus is awarded plaintiff to Louisiana. On motion of Mr Gray attorney for plaintiff.
**Loring P Hawes et. al. vs James Batterson garns of James H Barker**
Dismissal.
On motion of said garnishee it is ordered that he be discharged at plaintiffs costs and that execution issue therefor. Ten dollars allowed for answering.
**Isaac gearhart et. al. vs 20 The State Savings Institution**
Non Suit.
Now comes the defendant, by attorney, but the defendants come not wherefore, on motion of defendant, it is ordered by the Court that the plaintiff be non suited and that the defendant go hence without day and recover of plaintiffs its costs herein expended and have execution therefor.
**Henry Block et. al. vs 898 Charles W. Herbert et. al.**
No one appearing for plaintiffs this cause is continued at plaintiffs costs.
---
**Viewer Page 419** (rcdbook1859_29_0418.jpg)
> Handwritten Page Number on Record Book: 411
**The Southern Bank of St. Louis vs 916 The St. Louis Lumberman and Mechanics Insurance Company**
Petition for Transfer of Stock.
Now at this day come the parties, by their respective attorney, and file an agreed case and submit this cause to the Court on the case as stipulated and agreed in writing and the Court, having duly heard and considered the same, and being fully advised of and concerning the premises, doth find adjudge and decide that said sale and transfer of said stock certificates numbered respectively nine and three hundred and twenty eight by and from said George O Atherton to plaintiff was legal and valid in law subject to said stock notes with the credits on the same, and that defendant had and has no lien on said stock and stock certificate numbered nine and three hundred and twenty eight so cold and transferred to plaintiff to secure the payment of the said note of N Raynor and company dated the twenty eight day of March, eighteen hundred and fifty nine, for the sum of three hundred dollars, and that plaintiff is not bound to pay or assume to pay or secure said note of N Raynor and Company. It is therefore considered ordered adjudged and decreed that the defendant on being sufficiently secured by the plaintiff in the remainder due or said stock notes according to the by laws of the Company in such cases the transfer of said eight shares of stocks to be registered on the books of the defendant vesting rights and ownership in the plaintiff, and failing to do so this judgment and decree shall operate to pass to plaintiff such full right and ownership in said eight shares of stocks together with all the privileges of share and stock holders in the capital stocks of the defendant; and that the plaintiff recover of the defendant its costs in this behalf expended and have execution therefor.
**Charles H waters et. al. vs 49 Myron F Benjamin et. al.**
Continued.
**Charles H waters et. al. vs 871 David Hirsch gains**
Continued.
**Mary E. Louis vs 603 James C. P Louis**
Continued.
**Henry Venphul et. al. vs 246 Robert Stevens gains**
Continued.
**George W King vs 65 C C King**
Continued.
**Robert Jackson vs 842 Mallet C Jackson**
Reply filed.
**Hull R Jackson vs 47 Nathan C Covington**
Non Suit.
This cause being called for trial comes the defendant, by his attorney, but the plaintiff although duly called comes not wherefore, on motion of 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 plaintiff his costs herein expended and have execution therefor.
**George C. Kimbrough and Richard F Toomer vs 112 David Love**
Order of Publication.
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 one hundred and seventy nine dollars and fifteen cents on account of a promissory note executed and delivered by him to the plaintiffs, and that his property has been attached and unless he appear at the next term of this Court to be began and held at the City of St. Louis within and for the Country of St. Louis on the last Monday of September 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 here of be published, according to law, in the Missouri Democrat a news paper printed and published in the City of St. Louis.
**Lorenzo P Sanger et. al. vs 222 The North Missouri Rail Road Company**
Dismissal.
This cause being called for trial plaintiffs although duly called come not but fail to prosecute their suit, wherefore it is ordered by the Court that this cause be dismissed at the costs of the said plaintiffs and that execution issue therefor.
---
**Viewer Page 420** (rcdbook1859_29_0419.jpg)
> Handwritten Page Number on Record Book: 412
**Frederick Berby vs 191 William O Osborne et. al.**
On motion of plaintiff, by attorney, it is ordered that an alias summons issue herein. Cause continued.
**Stacy Bancroft et. al. vs 228 Elijah Hawkens**
On motion of plaintiffs by attorney, it is ordered that an alias summons issue herein. Cause continued.
**Joseph W Fisher et. al. vs 247 Auguste Bencke**
On motion of plaintiffs, by attorney, it is ordered that an alias summons issue herein. Cause continued.
**Pilot Knob Iron Company vs 172 Nicoll Rayner and George Kyler**
On Notes.
Now comes the plaintiff, by his 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 instruments in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of three thousand four hundred and eighty one dollars and sixty six cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid inform aforesaid as found and also its costs herein expended and have execution therefor.
**James Syme et. al. vs 60 Steam Boat Indiana**
Continued on application of the plaintiffs at their costs.
**John C Spencer vs 127 Elizabeth Spencer**
Dismissal.
This cause being called for trial and no one appearing to prosecute it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Lewis Emmons vs 26 A P Fenton et. al.**
The defendants motion to suppress the deposition of A B Fenton being heard and fully considered by the Court is sustained, and said deposition is accordingly suppressed; and this cause is continued as on affidavit at plaintiffs costs.
**Mary E. Norman vs 87 Thomas J Norman**
Dismissal.
This cause being called for trial and no one appearing to prosecute, it is ordered that this cause be dismissed.
**John R Gillett vs 69 Ezra O English et. al.**
Continued by consent.
**John R Shepley et. al vs 67 James C Musick**
Continued.
**Amy Shire vs Michael Shire**
Order of Publication.
The plaintiff files a petition and also an affidavit from 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 her attorney, it is ordered 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 existing between him and plaintiff, on the grounds of habitual drunkenness and that he has absented himself from the plaintiff without a reasonable cause for the space of two years and also to obtain a decree vesting in the plaintiff the title to certain premises mentioned and described in the petition, and that 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 last Monday of September next and on or before the sixth day thereof answered the action aforesaid according to law the petition herein 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 Dailey Express, a newspaper printed and published in the City of St. Louis.
---
**Viewer Page 421** (rcdbook1859_29_0420.jpg)
> Handwritten Page Number on Record Book: 413
**Robert Jackson vs 842 Mallet C Jackson**
This cause is continued to the next term of this Court at plaintiffs costs.
**State use of Peter J Peters vs 750 Luther M Shreve et. al.**
Continued by Consent.
**William A M Dowell vs 61 Geo I King**
Continued generally.
**Peter G Camden vs 87 John R Bart Stephen C Jett and James S Jett**
On note,
Now come the plaintiff and defendants, Stephen C and James S Jett, by their attorneys, but the defendant, John R Bart, although duly summoned and called comes not but makes default wherefore the petition herein is taken against him as confessed; and on motion of plaintiff the Court doth find from the answer of defendants, Stephen C and James S Jett, that they are indebted to the plaintiff in the sum of Fourteen hundred and forty nine dollars, and doth, find from the instrument in writing on which this action is founded that the defendant John R Bart is indebted to the plaintiff in the sum of fourteen hundred and forty nine 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 in this behalf expended and have execution therefor. Judgment to bear interest at the rate often percent per annum.
**Benjamin M Runyan vs 110 John R Bart, Stephen C Jett and James S Jett**
On Note.
Now come the plaintiff and defendants, Stephen C and James S Jett, by attorneys, but the defendant John R Bart, although duly summoned and called comes not but makes default wherefore the petition herein is taken against him as confessed; and on motion of plaintiff, the Court finds from the answer of Stephen C and James S Jett, and from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of Fourteen hundred and forty three dollars and sixty 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 his costs herein expended and have execution therefor. Judgment to bear interest at the rate often percent per annum.
**Benjamin M Runyan vs 88 John R Bart, Stephen C Jett and James S Jett**
On Note,
Now come the plaintiff and defendants, Stephen C and James S Jett, by attorneys, but the defendant John R Bart, 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 answer of Stephen C. and James S. Jett, and from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of Fourteen hundred and forty nine 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. Judgment to bear interest at ten per cent per annum.
**Edward H Mead vs 108 John R Bart, Stephen C Jett, James S Jett and David H Bishop**
On Note,
Now come the plaintiff and defendants, Stephen C and James S Jett, by attorneys, but the defendant John R Bart, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed; and the plaintiff dismisses this suit as to defendant, David H Bishop; and the Court finds from the answer of Stephen C. and James S. Jett and from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of Fourteen hundred and seventy one dollars and sixty 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 also his costs in this behalf expended and have execution therefor; and it is ordered that this judgment bear interest at the rate often per cent per annum from this date until paid.
**Cleander Mighell's administratrix vs 139 Lorenzo D. Jones**
Defendant files a plea in abatement herein.
---
**Viewer Page 422** (rcdbook1859_29_0421.jpg)
> Handwritten Page Number on Record Book: 414
**Edward H Meade vs 86 John R Bart, Stephen C Jett and James S Jett**
On Note.
Now come the plaintiff, and defendants, Stephen C and James S Jett, by their attorneys, but the defendant, John R Bart, 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 answer of Stephen C and James S Jett, and from the instrument in writing on which this action is founded that the defendants are indebted to the plaintiff in the sum of fourteen hundred and fifty two dollars and fifty 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 in this behalf expended and have execution therefor: Judgment to bear interest at the rate often per cent per annum from this date until paid.
**State of Missouri use of Jackson's trustee vs 234 Chester W Pomeroy et. al.**
Continued as on affidavit at defendants costs on account of absence of J J Reddy, a witness.
**Charles Pierson assignee of Geo White vs 220 John Murrin**
Dismissal.
On motion of the plaintiff, by attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefor.
**Hannah Chilton vs John Chilton**
Depositions for the plaintiff received opened and filed.
**In the matter of 58 Ann Biddle's Estate**
Exceptions filed.
**Caroline Rucling vs 975 Lorenzo D. Holmes wife**
Continued generally.
**John Williams vs 737 Steam Boat David Tatum**
Complaint.
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 assess his damages at the sum of four hundred and fifteen dollars and eighty cents. It is therefore considered by the Court that the plaintiff recover of James W Davis,the principal, and Roger C M Allister, the security, on the bond given for the release of said Steamboat, the damages aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**Robert C and William A Thornburgh vs 759 Steam Boat David Tatum**
Complaint.
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 plaintiffs and assess their damages at the sum of five hundred and eighteen dollars and seventy six cents. It is therefore considered by the Court that the plaintiffs recover of James W Davis, the principal, and Roger C M Allister, the security, on the bond given for the release of said Steamboat, the damages aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefor.
**The Mechanics Bank vs 305 John p Callahan et. al.**
William H Hayden files a motion to set aside judgment and also an affidavit in support thereof.
**Mary E Triplett vs 788 William C Hull et. al.**
Continued generally.
**Edward Dobbyns vs 789 Wm C Hull et. al.**
Continued generally.
---
**Viewer Page 423** (rcdbook1859_29_0422.jpg)
> Handwritten Page Number on Record Book: 415
**Samuel L Hertz vs 151 William H Fuller**
Deposition for defendant opened and filed.
**Edward Curley vs 892 Susan Talbotts Exr**
Motion for a new trial filed.
**Thomas Boylan and William P Gettys vs 798 Steam Boat David Tatum**
Complaint.
Now at this day come the parties, by their respective attorneys, and waiving a Jury this submit 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 plaintiffs and assess their damages at the sum of One hundred and forty five dollars and eighty eight cents. It is therefore considered by the Court that the plaintiff recover of James W Davis, the principal, and Roger C M Allister, the security, on the bond given for the release of the said Steamboat, the damages aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**Herman Boker et. al. vs 195 J H Alexander et. al.**
Affidavit of plaintiffs partnership filed.
**Samuel L Hertz vs 157 Lucius H Fuller**
The defendant files an answer and setoff herein.
**Henry F M Cour et. al. vs 44 John D Harty et. al**
Proof of Publication.
Now come th 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.
**John G Milliman vs Ignatz Becker**
Satisfaction.
Plaintiff, by attorney, comes and acknowledges to have received full and entire satisfaction of the judgment rendered herein.
---
**Viewer Page 424** (rcdbook1859_29_0423.jpg)
> Handwritten Page Number on Record Book: 416
Court met pursuant to adjournment. Present as before.
**James Andrews vs 720 P M Lynch**
Now comes the attorney for the plaintiff and suggests and shows to the satisfaction of the Court that the said plaintiff has departed this life since the commencement of this suit, and that James Andrews has been duly appointed administrator of said plaintiff, wherefore it is ordered that this action stand revived and be continued in the name of said administrator, and also comes James Andrews, administrator as aforesaid, and enter his appearance as plaintiff to this action and thereupon comes said defendant, P M Lynch, by his attorney, and enters his appearance as defendant herein.
**Thomas Brown vs 226 Chester D Stevens**
On motion of the plaintiff, by his attorney, it is ordered that an alias summons issue herein. Cause continued.
**Vincent Boisaubin vs 73 William G Miller**
Order appointing Referee.
The Plaintiff petition and the defendants answer in the above entitled cause having been examined and considered and evidence having been heard by the Court in support of the allegation of partnership between the plaintiff and defendant and the dissolution thereof as contained in said petition, and due deliberation being had in the premises, it appears to the satisfaction of the Court that the said partnership was formed and dissolved as therein alleged, It is therefore ordered and decreed that this cause be referred to Samuel A Bennett, Esq, as referee to take a mutual account of all dealings and transactions between the plaintiff and defendant touching and appertaining to said co partnership; for the better taking the said account and discovery of the matters aforesaid, the parties are to produce before the said Referee upon oath all books papers and writings in their custody on power relating thereto, and all other testimony material in the examination of the matters aforesaid, as the said referee shall direct, who in taking the said account is to make unto the parties all just allowances, and to report to he Court what upon the balance of said account shall appear to be due from either party to the other, and the Court doth reserve the consideration of the costs of this suit and of all further directions until after the referee shall have made his report, when either side is to be at liberty to apply to the Court as occasion may require.
**Henry Townsley vs 760 Benjamin S Compton**
Plaintiff files a motion for leave to verify petition and on his motion a dedimus is awarded him to the State of New York.
**Sarah Wetherill et. al. vs Francis A Hurt**
Depositions for plaintiffs opened and filed in this cause.
**John Williams vs 737 Steam Boat David Tatum**
Defendant files a motion for a new trial herein.
**Thomas Boylan et. al. vs 798 Steam Boat David Tatum**
Defendant files a motion for a new trial herein.
**Robert Thornburgh et. al. vs 759 Steam Boat David Tatum**
Defendant files a motion for a new trial herein.
**Gamaliel Bartlett vs Benj Jno Compton**
Depositions for plaintiff opened and filed.
---
**Viewer Page 425** (rcdbook1859_29_0424.jpg)
> Handwritten Page Number on Record Book: 417
**Michael S Mepham and William G Mepham vs 6 Jacob Merritt, Robert H Campbell, Henry B Merritt and George W kidd**
On Note.
Now comes 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, but the defendants although duly warned 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 Eight hundred and eighty one dollars and seventy cents. It is therefore considered by the Court that the plaintiffs recover of the defendants the debt aforesaid inform aforesaid as found and also their costs herein expended and have execution therefor.
**Benjamin Lieber vs 850 St. Louis Agricultural and Mechanical Association garnishee**
Answer filed. Motion for Judgment an answer filed.
**Eugene Jaccard, Augustus S Mermod, and D Constant Jaccard vs 521 Louis Meyer**
Confession of Judgment.
Now come the plaintiffs, by William T Mason, Esq, their attorney, and files a petition and also comes the defendant, in person, and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to the plaintiffs in the sum of Five hundred and thirty seven dollars and five cents and authorizes the entering up of 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 debt aforesaid in form aforesaid as confessed and also their costs herein expended and have execution therefor.
**Eugene Miltenberger et. al. vs 421 John W Spalding et. al.**
The plaintiffs, by their attorney, come and file a motion for a new trial herein.
**Joseph S Hastings Sr et. al. vs 489 Rose A Masterson**
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. Said plaintiffs, by leave of Court first had and obtained withdraw from the files the notes sued on.
---
**Viewer Page 426** (rcdbook1859_29_0425.jpg)
> Handwritten Page Number on Record Book: 418
Court met pursuant to adjournment. Present as before.
John W Stephens is admitted and enrolled as a member of this bar.
**John Sigerson vs 814 John M Krum**
Order for Subpoena Duces Tecarn.
The defendant files an affidavit and the Court, after consideration thereof, doth order that a subpoena duces tecarn issue to the plaintiff to compel him to produce on the trial of this cause the books and writings mentioned in said affidavit.
**Loring B Hawes et. al. vs James Palluson garns**
By consent of parties the discharge of said garnishee heretofore entered is set aside and vacated and ten days are given plaintiffs to reply.
**David Rokohl et. al. vs 193 George W Iope et. al.**
By leave of Court first obtained the Sheriff amends his return on the wit herein by adding a return of no service upon defendants, and on motion of plaintiffs, by their attorney, it is ordered that an alias summons and attachment issue herein.
**James Delaney vs 161 James P Langford et. al.**
Dismissal.
The parties having, at the last term of this Court, filed an agreement continuely this cause, yet upon the condition that if the plaintiff should fail to pay the costs of said term, together with the costs of the previous term, on or before the first day of the present term of this Court, this cause should be dismissed, and the plaintiff having failed to comply with said condition, therefore on motion of the defendants, by their attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiff and that execution issue therefor.
**Charles F Meyer et. al. vs 235 The Citizens Savings Institution**
Continued by consent at the defendants costs.
**The State use of Isaac W Mitchell vs 303 Frederick W Meister et. al.**
Continued by consent at the plaintiffs costs.
**The Citizens Savings Institution vs 318 Charles Myers et. al.**
Continued by consent of parties at the plaintiffs costs.
**The State use of Thomas Richeson vs 160 Robert W Hunt et. al.**
Dismissal. Default.
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, Augustus W Lewis, but the defendants, Robert w Hunt and Sherry C Hunt, although duly summoned and called come not but make default, wherefore on motion of plaintiff, the petition herein is taken against the said defendants as confessed.
**Tully D Bowen vs 238 Joseph A Eddy et. al.**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Anna Chilton vs 138 John Chilton**
Now comes the plaintiff and files a notice of application for an allowance pendent to lite and also an additional affidavit.
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**Viewer Page 427** (rcdbook1859_29_0426.jpg)
> Handwritten Page Number on Record Book: 419
**William T Hazard vs 253 Lyman Scott and William A Whiting**
The motion of the defendant, William A Whiting, to set aside and recall execution being heard and fully considered by the Court it is ordered that the execution issued herein be set aside and recalled and all proceedings there under set a side and vacated.
**Buck Smith Manufacturing Company vs Emile F Kraft and Otto C Kraft**
Now comes E W Decker, attorney of this bar, and in behalf of said defendants waives the issue and service of process herein and enters the appearance of said defendants to this action. Appearance filed.
**Julia Mauzy vs James H Mauzy,**
Order of Publication.
The plaintiff comes and files 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 her attorney, it is ordered 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 existing between plaintiff and defendant on the ground of desertion and also to obtain the restoration of her maiden name and the custody and control of the child mentioned in petition and that 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 last Monday of September next and on or before the Sixth day thereof answer to the action aforesaid according to law, the plaintiffs petition will be taken against him as confessed, And it is further ordered that a copy herein be published according to law in the Tages Chronic a newspaper printed and published in the City of St Louis.
**In the matter of the assignment of Otto Oncker**
Order referring application of Assignee for discharge to Commissioner.
The Assignee herein, Edward B Gray, having heretofore filed an application for discharge from his trust, and no person having within the time required by law, filed written objections thereto, it is ordered that the said application be referred to Joseph S Fullerton, Esg, as a commissioner of this Court, to examine into the merits of said application and report to the Court, with allconvencent speed, thereon.
**Louis Engel's admr vs 76 Ind L Bermcker wife**
Motion to confirm commissioners Report filed.
**Henry Townsley vs 760 Benj S Compton**
Motion to quash attachment filed.
**In the matter of the Estate of Ann Riddle John O Fallon Executor**
Order of reference.
It is ordered in this case that the matter of the settlement appealed from to wit; the settlement of the executor of said estate made before the St Louis probate Court at the September term, in the year, 1856, be referred to Samuel A Bennett to hear the proofs and allegations touching and of and concerning all the matters embraced in said settlement and none others. It is further ordered that said referee after hearing the proofs shall state the account of said settlement with debits and credits with his decision thereon and report the same with all the proofs heard by him with all convenient diligence to this Court.
**Simon Meyberg and Jonas Meyberg vs 802 The Farmers Union Insurance Company of Athens Bradford County Pennsylvania**
On Policy of Insurance.
Now come the parties, by their respective attorneys, and the defendant withdraws the second reason of its motion to suppress plaintiffs depositions, and the other part of said motion is, after due consideration by the Court, overruled, and the parties file a stipulation, and thereupon come a Jury to wit; Stephen Balton, William N Wilke, M Stephenson, George Brickham, T J Henley, Jacob Rubell, David Thomas, Frederick Sternberg, John Susston, F W Johannig, William Kerr and D F Nooran, 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 finished is laid over until to morrow.
---
**Viewer Page 428** (rcdbook1859_29_0427.jpg)
> Handwritten Page Number on Record Book: 420
Court met pursuant to adjournment. Present as before.
**Thomas Mears et. al. vs 217 William Crane**
Come the defendant and enter his appearance and files an answer herein.
**Henry T M Coun et. al. vs 44 John D Harty et. al.**
Default.
Now comes the plaintiffs, by their attorney, but the defendants, although duly warned and called come not but make default wherefore the petition herein is taken against them as confessed.
**Warren Rud REED vs 153 Frederick R Conway**
Continued at plaintiffs costs on account of absence of Major Wright plaintiffs counsel.
**Julius Stange vs 240 W Hildenbrand**
By consent of parties defendant files an answer herein.
**Louis H Abrams vs 39 Marshall Ford**
Depositions for defendant opened and filed.
**Adeline Goss et. al. vs 918 James Cohick et. al.**
Sheriff files a report of sale herein.
**Gustavus Bauermann vs 167 James Boultinghouse**
Proof of Publication.
Now at this day come the plaintiff, by his attorney, and files proof satisfactory to the Court that the order of publication made in this cause have been duly published according to law.
**Simon Meyberg and Jonas Meyberg vs 802 The farmers Union Insurance Company of Athens Bradford County Pennsylvania**
Now come again the parties by their respective attorneys, and also the Jurors empanelled and sworn herein and the trial progresses but not being finished is laid over until to morrow.
---
**Viewer Page 429** (rcdbook1859_29_0428.jpg)
> Handwritten Page Number on Record Book: 421
Court met pursuant to adjournment. Present as before.
**John Nicholay vs 728 W Prismeyer et. al.**
On motion of plaintiff, it is ordered that a saw facias issue to bring in the legal representatives of Louis Berthold, Cause continued.
**Aldolphus Meier and John C Rust vs William M Murtry**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and also comes the defendant and files his statement in writing duly verified by affidavit whereby he confesses himself indebted to the plaintiffs in the sum of Three hundred and sixty eight dollars and sixty four cents and authorizes the entering up of Judgment against him in favor of plaintiffs for that amount. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid inform aforesaid as confessed and also their costs herein expended and have execution therefor.
**The Southern Bank of St Louis vs 916 The St Louis Lumbermen and Mechanics Insurance Company**
Order granting appeal.
Now come the parties, by their respective attorneys, and the plaintiff consenting that an appeal, with supersede as, be allowed to the defendant from the Judgment herein rendered without the formality of exceptions, motion for new trial, affidavit or bond, thereupon, on motion of the defendant, an appeal is allowed it to the Supreme Court from the Judgment herein rendered, with stay of proceedings in this Court.
**Henry Pike vs 870 David Hirsch garns**
Continued.
**Ebeneger G Lawson et. al. vs 376 John H Hall et. al.**
Continued by consent.
**James F Donaldson et. al. vs 723 Henry C Marston et. al.**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**H M Hart assgnll vs 424 The Pacific Rail Road Co.**
Continued by consent at plaintiffs costs.
**Jalmadge Stevens vs 523 Chas Burchard**
Continued by consent.
**J D Low vs J K Bent**
Assignment of Judgment filed.
**Charles Harrison vs George W Manning**
Order of delivery. The plaintiff comes and files a petition and affidavit according to law claiming the possession of certain personal property therein described; wherefore it is ordered that the 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.
**Simon Meyberg and Jonas Meyberg vs 802 The Farmers Union Insurance Company of Athens Bradford County Pennsylvania**
On Policy of Insurance.
Now come the parties, by their respective attorneys, and also the Jurors empannelled and sworn herein, and the trial progressed and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the plaintiffs and assess their damages at the sum of Five thousand two hundred and eighty seven dollars and fifty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid in form aforesaid as assessed and also their costs and charges in this behalf expended and have execution therefor.
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**Viewer Page 430** (rcdbook1859_29_0429.jpg)
> Handwritten Page Number on Record Book: 422
Court met pursuant to adjournment. Present as before.
**Robert Causse et. al. vs 164 William A Bassett et. al.**
The plaintiffs file an additional attachment bond in the sum of Two hundred and twenty five dollars with Robert Causse, as principal, and Philip Rush, as security, which bond is approved by the Court.
**Louis Engel's administrator vs 76 John L Bernicker et. al.**
Motion to confirm Commissioners Report filed.
**George Bailey vs 194 John Bryant**
Depositions for the defendant opened and filed.
**John Goodfellow for, Robert William Goodfellow, by his curator Peter Wiles vs William C Jamison, John W Burd as trustees and Eliza A Burd and John W Burd**
In Partition.
Now come the plaintiffs, by their attorney, and file a petition for partition and also come the defendants and file an answer thereto; and the parties submit this cause to the Court upon said petition and answer, and the Court having duly heard and considered the same doth as certain and determine that the said Eliza A Burd, wife of John W Burd, said John Goodfellow and said Robert William Goodfellow are each entitled in fee simple to one undivided third part of the real estate mentioned and described in said petition as follows, to wit; A certain lot of ground, with a brick dwelling house thereon, situated in the City of St Louis in the County of St Louis and State of Missouri and described as follows, to wit; beginning at a point in the South line of East Mound street distant one hundred and fifty two feet Eastwardly from the North West corner of Block No two hundred and forty eight said North West corner being the intersection of the Eastern line of Broadway with the Southern line of East Mound street, thence Southwardly and parallel with Broadway one hundred and nineteen feet and a half to an alley, thence Eastwardly along the Northern line of said alley thirty feet, thence Northwardly and parallel with said first line one hundred and nineteen feet and a half to the Southern line of East Mound street and thence Westwardly thirty feet along the South side of said Mound to the place of beginning. It is therefore considered by the Court that partition of said real estate be made among said parties according to their respective rights and interests as above ascertained and determined by the Court; and it appearing to the Court that partition in kind of the above described real estate cannot be made without great prejudice to the owners thereof, it is ordered that the Sheriff sell said real estate, at public auction, to the highest bidder, for cash.
**Julius H Smith vs 143 James D Houseman**
Continued as on affidavit at defendants costs for absence of W H Haydon a witness.
**Simon Meyberg et. al. vs 802 The Farmers Union Ins Co**
Defendant files a motion for a new trial herein.
**Joseph E Elder and John H Hunter vs 520 Porter Stewart and Company, A O Brannin and Company garnishee of Joseph Hyman and Nathaniel Gunn**
Discharge of Garnishee. Order of Citation.
Now come the plaintiffs, by their attorney, and on their motion the said garnishee Porter Stewart and Company are discharged, with an allowance of ten dollars for answering herein, at the costs of said plaintiffs: and the plaintiffs file a traverse of the answer of said A O Brannin and Company denying that the balance of two hundred and ninety five dollars and twenty one cents arising from the sale of flour including
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**Viewer Page 431** (rcdbook1859_29_0430.jpg)
> Handwritten Page Number on Record Book: 423
proceeds 193 sacks of corn in due to one James F Gyles, as disclosed in said answer, and it is ordered that the said James F Gyles appear before this Court on Monday the twenty sixth day of March, eighteen hundred and sixty at ten O'clock, A M, and sustain his claim, if any he have, to said sum.
**William Graham vs 113 Joseph Davis**
On motion of the plaintiff, by his attorney,a dedimus is awarded him to New York.
**George Walton vs 171 William C Murphy**
On motion of the plaintiff, by his attorney,a dedimus is awarded him to Illinois.
**Bryan Cross vs 140 Walter Blearr**
Dismissal.
By consent of parties, it is ordered that this cause be dismissed at defendants costs and that execution issue therefor.
**Timothy O Riordan vs 196 Henry Brundy**
Dismissal.
No one appearing to prosecute this action it is ordered that the same be dismissed at plaintiffs costs and that execution issue therefor.
**State use of A W Elliott vs 139 Augustus F Shapleigh et. al.**
Continued as on affidavit of the defendants, costs to abide result of suit.
**Peter Haydon and Pollock Wilson vs 355 Henry Eichar**
On Bill of exchange.
Now come the plaintiffs, by their attorney, but the defendant although duly warned and called comes not but make 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 three hundred and ninety Three dollars and eighty three cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and also their costs herein expended and have execution therefor.
**Peter Hayden and Pollock Wilson vs 356 Henry Eichar**
On Note.
Now come the plaintiffs, by their attorney, but the defendant although duly warned and called comes not but make 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 One hundred and nine dollars and one cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid as found and also have execution therefor. Judgment to bear interest at ten per cent per annum.
**Jerome R Ward vs 740 Wyllys King et. al.**
Plaintiff files a bond for costs with James Spore, as security, with the acceptance of the defendants thereon, which bond is approved by the Court.
**Joshua V Throop vs 330 The President and Directors of the Bank of Louisville**
By leave and consent plaintiff amends his petition by changing name of defendant to president Directors and Company of the Bank of Louisville.
**James Buchanan et. al. vs 187 John Meyer**
Depositions for defendant opened and filed.
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**Viewer Page 432** (rcdbook1859_29_0431.jpg)
> Handwritten Page Number on Record Book: 424
**Presley Philips vs 146 Benjamin F Hutchinson and James A Hutchinson**
Petition for Damages.
Now come the plaintiff and the defendant, Benjamin F Hutchinson, by their respective attorneys, and also come a Jury, to wit; Stephen Bolton, William N Wilke, J W Fuller, John N Temple, J B Sadler, Stephen Polite, Henry Roscoe, F G Russell, William C Harris, James Stein, A Rice and C Userlander, 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 say they 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 defendant go hence without day and recover of plaintiff their costs and charges herein expended and have execution therefor.
**Edward James vs 548 James Cohicks**
Continued as on affidavit at plaintiffs costs.
**Jane Tighe vs 343 Francis Tighe**
Continnued.
**Spencer A Turner vs 287 Timothy Ryan**
Non Suit.
Now comes the defendant, by his attorney, but no one appearing to prosecute this suit, it is therefore, on motion of defendant, 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 plaintiff his costs herein expended and have execution therefor.
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**Viewer Page 433** (rcdbook1859_29_0432.jpg)
> Handwritten Page Number on Record Book: 425
Court met pursuant to adjournment. Present as before.
**George W Tennille vs 141 James E Munford administrator of Crprian M Clamorgan & Magennis Clamorgan**
On motion of defendant the time for answering herein is extended ten days.
**Quinnebaugh Bank vs 199 John L Chandler**
On Note.
Now comes the plaintiff, by its attorney, and the parties having, at the last term of this Court, filed an agreement continuing this cause, with a condition that if the defendant should fail to pay all costs accrued to the date of the filing of side agreement, on or before the first day of the present term of this Court, Judgment should be rendered as prayed for in said petition of plaintiff, therefore, on motion of the plaintiff, 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 Three hundred and forty dollars and thirty two 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 its costs herein expended and have execution therefor.
**Gustavus Bauermann vs 167 James Boultinghouse**
On Note.
Now comes the plaintiff, by his attorney, but the defendant, although duly warned 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 plaintiff in the sum of Five hundred and sixty two dollars and eighty seven 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.
**David S Bigham vs 106 Dietrich Niermann and administrator of George Gletzinger**
Order of Reference.
By consent of parties this cause is referred to Samuel A Bennett to hear and decide the matters in controversy herein; and it is ordered that he make a report of his proceedings as soon as practicable.
**Henry T Mudd et. al. vs 96 Jacob Ensminger**
Continued by consent.
**Wayman Crow et. al. vs 17 William B Hall et. al.**
Continued.
**Charles D Drake vs 16 Edwd H Gratiot**
Continued.
**Armelder F Pack vs 15 Francis Hudson**
Continued by consent.
Sarah A Collier, who is personally known to the Court, in open Court, acknowledges the execution of a deed of emancipation to Jacob Dunnica, aged about forty eight years, of very dark color five feet three or four inches in height, rather heavily built or thick set.
Sarah A Collier, who is personally known to the Court, in open Court, acknowledges the execution of a deed emancipation to her slave Maria Pipkin, aged about forty seven years, of dark color about four feet eleven inches in height, has a downward scar, of a cut at the outer end of the left eyebrow.
Sarah A Collier, who is personally known to the Court, in open Court, acknowledges the execution of a deed emancipation to her negro slave William Brown aged about twenty five years is a mulatto of medium color about five feet six inches in height, whiskers, when worn, rather thin, complexion uniform and quite clear approaching to light mulatto.
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**Viewer Page 434** (rcdbook1859_29_0433.jpg)
> Handwritten Page Number on Record Book: 426
**George Sappington vs Linton Sappington**
Confession of Judgment.
Now comes the plaintiff, by his attorney and also comes the defendant and files his statement in writing, duly verified by affidavit, confessing himself indebted to the plaintiff in the sum of Four hundred and ninety five Dollars, and authorizing the entering up of judgment against him in favor of the plaintiff therefor. 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.
**John C Stewart vs 177 Margaret Casey**
On Account.
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 assess his damages at the sum of two hundred dollars. It is therefore considered by the Court that the plaintiff recover of the defendant, the damages aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**The Boatmans Savings Institution vs 689 The Bank of the State of Missouri**
Amended petition refiled and answer of defendant filed.
**The Boatmans Savings Institution vs 722 The Bank of the State of Missouri**
Amended petition refiled and answer of defendant filed.
**Edward Chase etal vs 78 Michael S Cure**
Sheriff files satisfactory proof of service of scire facias.
**Edward Chase etal vs 79 Michael S Cerre**
Sheriff files satisfactory proof of service of scire facias.
**Elizabeth Birch vs Enno Sander**
Depositions for defendant opened and filed.
**Conrad Neur etal vs 483 Heinnich Heisner**
Demurrer to second amended petition filed.
**Jane Doyle vs 927 John Doyle**
By consent of parties this cause is continued to the next term of this Court.
**Lucien Eaton vs 522 William A Gibberson**
Confession of Judgment.
Now comes the plaintiff, and also comes the defendant and files his duly verified statement in writing whereby he confesses himself indebted to the plaintiff in the sum of One hundred and nineteen dollars and fifty three cents and authorizes the entering up of judgment against him in favor of plaintiff for that amount. 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.
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**Viewer Page 435** (rcdbook1859_29_0434.jpg)
> Handwritten Page Number on Record Book: 427
**James Buchanan, Henry Eastman, and Ballon M Mellon vs 187 John Meyer**
Petition.
Now at this day come the parties, by their respective attorneys, and also come a Jury to wit; William H Smith, C E Loring Antone Barada, J J Snook, H A Koener, H F Watson, James Stewart, Fred K Haurtel, Francis Cherot, J Wem Klemeyer, Thomas Gaurs, and Hypolite Tayon, 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 further proceedings are laid over until to morrow.
At the hour appointed for the meeting of the Court, were present Thomas E Courtenay, Sheriff of St. Louis County, and P Stephens, Rice, Clerk of said Court. The Court failing to be held on this day, according to its adjournment, by reason that the Judge was unable to attend, it doth accordingly stand adjourned, together with all proceedings pending therein, until to morrow morning at ten O'clock.
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**Viewer Page 436** (rcdbook1859_29_0435.jpg)
> Handwritten Page Number on Record Book: 428
Court met pursuant to adjournment. Present as before.
**J Berlin vs 629 J A Eddy et. al.**
Depositions for defendants opened and filed.
**James Waugh vs 514 Leon J Papin, Alphonse Dupre, Robert F Waugh, William W Waugh, James C Waugh, Eugene Papin, and Josephine Papin**
Petition for confirmation of proceedings in partition and sale.
Now at this day comes the plaintiff, by his attorney, but the defendant Leon J Papin, although duly summoned and called, comes not but makes default, wherefore, on motion of the plaintiff, the petition herein is taken against said defendant as confessed; and also come the defendants, James C Waugh, William W Waugh, and Robert F Waugh, by Leon J Papin, their guardian ad litem, and also the defendants, Alphonse Dupre, Eugene Papin and Josephine Papin, by Joseph L Papin, their guardian; and this cause being called for trial is submitted to the Court upon the pleadings and proofs, and the Court having duly heard and considered the same and being fully advised of and concerning all the facts connected with the original proceedings in partition and sale of the premises in the plaintiff petition described as follows, to wit; a lot in the former town, now City, of Carondelet, in the County of St Louis State of Missouri, to wit; the South West quarter of Block No Six in Eiler's Survey of said former town fronting one hundred and sixty feet nine and one forth inches on the East side of Main street and running back of that width one hundred and sixty feet and five inches to the middle of said Block and bounded West by Main Street, South by E street, East and North by the remainder of said block, being United States Survey No 40 in said former town; and of the value of said land sold and the amount paid therefor on the sale in partition, and being satisfied that the original proceedings and sale in partition were hand in good faith and the land was sold upon legal notice and for a fair consideration, It doth therefore consider, adjudge and decree that the original proceedings and sale in partition shall be valid and binding on all the parties thereto, and that the full and perfect title of the said defendants in and to the lands described above and in the plaintiffs petition and purchased by said plaintiff at said partition sale be vested in said plaintiff: and the Court doth further order that the plaintiff pay the costs of these proceedings and that execution issue therefor.
**Hannah Chilton vs 138 John Chilton**
Depositions for plaintiff opened and filed.
**Thomas Mears et. al. vs 217 William Crane**
Depositions in behalf of Isaac markley interpleader filed.
**John C Stewart vs 177 Margaret Casey**
Satisfaction.
The plaintiff, by his attorney acknowledges to have received full and entire satisfaction of the judgment herein rendered.
**The State of Missouri to the use of Calvin F Burnes vs 548 Louis Rower et. al.**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the defendants costs and that execution issue therefor.
**Charles Collins, Samuel N Kellogg, Eliab Kirby, Charles B Kirtland Bernard Goldsmith vs 458 William Poos**
The plaintiffs withdraw their motion to set aside the non suit herein and by leave of Court withdrawn from the files the note sued on.
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**Viewer Page 437** (rcdbook1859_29_0436.jpg)
> Handwritten Page Number on Record Book: 429
**David H Evans vs 762 Fedor Fedorow, John H Rohlf, Lewis Emig**
On Note.
Now come the plaintiff and the defendants, John H Rohlf and Lewis Emig, by their respective attorneys, but the defendant, Fedor Fedorow, 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 proofs and exhibit and the Court having duly heard and considered the same doth find the issues herein joined between the plaintiff and the defendants, Rohlf and Emig, in favor of the plaintiff, and doth also find that the defendants are indebted to the plaintiff in the sum of five hundred and twenty three dollars and sixty cents. It is therefore considered by the Court that the plaintiff recover of the defendants the debt aforesaid as found and also his costs herein expended and have execution therefor.
**Newton S Gay et. al. vs 257 Aretic Fire Ins Co**
Depositions for plaintiffs opened and filed.
**Franklin Filed vs 299 Chas w Ban**
Continued.
**William A Hargadine vs 200 Rollin Clark et. al.**
Depositions for plaintiff opened and filed.
**W W Farmer vs 38 The St Louis and Iron Mountain RailRoad Company**
Dismissal.
By consent of parties it is ordered by the Court that this cause be dismissed at the defendants costs and that execution issue therefor.
**James Buchanan, Henry Eastman, and Pallon M Mellon vs 187 John Meyer**
Petition for Damages.
Now come again the parties, by their respective attorney, and also the jurors empannelled and sworn herein and the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the defendant the sum of fifty seven dollars and forty six cents. It is therefore considered by the Court that the defendant recover of the plaintiffs the damages aforesaid in form aforesaid as found and also his costs and charges herein expended and have execution therefor.
**Thomas H Mason vs Louis Steller garns of Thos C Mason**
Dismissal.
On Motion of said garnishee, by attorney, it is ordered that he be discharged at the plaintiffs costs and that execution issue therefor. Ten dollars allowed for answering herein.
**John J Anderson et. al. vs 242 Albert Kelsey et. al.**
On motion of plaintiffs, by their attorney, it is ordered that an alias summons issue herein. Cause continued.
**Melvin L Gray trustee vs 391 Albert Albertson**
Replevin.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; P J Hannon, Charles Annis, Henry M Gee, Patrick Tully, J C Brown, P J Comby, Simon O'Connel, Adam Dresler, L Bompart, Samuel Treadway, C W Bramsen, and HypoliteTyon, 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 to morrow.
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**Viewer Page 438** (rcdbook1859_29_0437.jpg)
> Handwritten Page Number on Record Book: 430
Court met pursuant to adjournment. Present as before.
**Thomas G Comstoc K vs Thomas Lowery**
Confession of Judgment.
Now comes the plaintiff, by his attorney, and also comes the defendant and files his statement in writing duly verified by affidavit confessing himself indebted to the plaintiff in the sum of three hundred and twenty three dollars and twenty five cents and authorizing the entering up of judgment 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 debt aforesaid in form aforesaid as confessed and also his costs herein expended and have execution therefor. Judgment to bear interest at ten percent per annum.
**Suan Kelly Sullivan vs 319 Dennis Sullivan**
On motion of the plaintiff, by their attorney, it is ordered that an alias summons issue herein. Cause continued.
**Louis Boellert vs 255 The Franklin Savings Institution**
Continued as on affidavit at plaintiffs costs on account of absence of Louise Weigman a witness.
**Thomas G Mason et. al. vs 139 Franklin H M Clung et. al**
Plaintiffs by leave of Court file an amended petition herein.
**State use of Robert B Clark et. al. vs 424 Michael S Cure Exr et. al.**
Motion to suppress depositions filed.
**Jesse Arnot vs John A Goodlett garnishee of George W Goodlett**
Dismissal.
On motion of said garnishee it is ordered that the said garnishee be discharged at the plaintiffs costs and that execution issue therefor. The sum of ten dollars is allowed said garnishee for answering herein.
**In the matter of the assignment of George Couch and company**
The Court appoints G Gonzelman, F W Rosenthal and Robert Dunham appraisers to appraise property and effects assigned herein.
**James Clemens Jr vs 202 Joseph Shannon**
Dismissal.
On motion of plaintiff, by his attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefor.
**Melvin L Gray trustee vs 391 Albert Albertson**
Replevin.
Now come again the parties, by their attorneys, and also the Jurors empannelled and sworn herein and the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the plaintiff and assess his damages at the sum of one cent. It is therefore considered by the Court that the plaintiff have and retain the possession of the property delivered to him under the order made herein at the commencement of this suit and that he recover of the defendant the damages aforesaid in form aforesaid as assessed and also his costs and charges herein expended and have execution therefor, motion to set aside verdict filed.
**John Sandbach vs 69 Thomas Wall**
On motion of the defendant, by his attorney, a dedimius is awarded him to Illinois.
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**Viewer Page 439** (rcdbook1859_29_0438.jpg)
> Handwritten Page Number on Record Book: 431
**Joshua V Throop vs 330 The president Directors and Company of the Bank of Louisville**
Answer and motion to strike out parts of answer filed.
**William D Marshall et. al. vs James Cuddy et. al.**
Depositions for plaintiffs opened and filed.
**James Buchanan et. al. vs 187 John Meyer**
The plaintiffs file a motion for a new trial.
**Julius H Smith vs 143 James D Houseman**
Commissioners motion for allowance of counsel fees filed.
**John Loler vs 320 John Cool**
Amended petition filed.
**John Loler vs 321 John Cool et. al.**
Amended petition filed.
**John Williams vs 737 Steam Boat David Tatum**
Defendant by leave of Court withdraws from the files the original bill of sale and files a copy thereof.
**Juliette V Reyburn Executrix of the Estate of Thomas Reyburn deceased vs 365 Thomas A Lonergan**
Petition.
Now come the plaintiff, by their respective attorneys, and by their consent this cause is referred to Charles D Colman to hear and decide the matters in controversy herein and it is ordered that he report with all convenient speed; and afterwards comes said Referee Chas D Colman and files his report, and by consent of parties said report is confirmed; and the Court doth find therefore that the defendant is indebted to the plaintiff in the sum of three hundred and sixty six dollars and fifty 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 her costs herein expended and have execution therefor. The sum of five dollars is allowed said refer for his services to be taxed as costs.
**John Sigerson vs 814 John M Krum**
Order of Reference.
On motion of the defendant by his attorney, this cause is referred to Henry Hitchcock to hear and decide the matters in controversy herein, and it is ordered that he make report of his proceedings as early as practicable.
**Wm C Jamison vs 915 James Costello et. al.**
Continued.
**Richard F Sass et. al. vs 294 Wm M M Pherson**
Answered filed.
**Henry Brockmann vs Henry Lyon Garns**
Answered filed.
**James Andrews admr vs 720 B M Lynch**
Continued.
**Edward Mead vs 109 John R Bart**
Rent
Now come the parties, by their respective attorneys, and file a stipulation and consent and agree that judgment be rendered herein in favor of plaintiff and against the
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**Viewer Page 440** (rcdbook1859_29_0439.jpg)
> Handwritten Page Number on Record Book: 432
defendant for the sum of one hundred and fifty two dollars and fifty cents. It is therefore considered by the Court that the plaintiff recover of the defendant the debt aforesaid in form aforesaid as agreed upon and also his costs herein expended and have execution therefor.
**Elizabeth Rice and Ellen Rice by their guardian Elizabeth Rice and Elizabeth Rice widow of Van R Rice and Joshua Fine and R Goodridge Woodson trustee vs James Cohick and Emiline Cohick his wife, David Latimer and Therese Latimer, his wife, George W Hoke and Elizabeth Hoke, his wife, and Adeline Goss Matilda Goss, Frederick Goss, Mary Louisa Goss, and David Goss infants whose guardian is Henry Goss.**
In Partition.
Now come the plaintiffs, by their attorney, and file a petition for partition and also come the defendants and file answers thereto, and the parties submit this cause to the Court upon said petition and answers, and the Court having duly heard and considered the same doth find there from that the plaintiffs and defendants are the own us as tenants in common of the lot of ground described in the petition as follows, to wit; a certain trait of parcel of land situate in the City & County of St. Louis in Christy's Addition to the City of St. Louis, according to Brown's map lying in block forty three (43) of said Addition, fronting twenty seven (27) feet Northwardly on Franklin avenue and running back Southwardly one hundred and forty four 7/12 feet (144 7/12) to an alley twenty feet wide, bounded North by Franklin Avenue, South by an alley, West by lands of the estate of David M Martin, deceased, and east by lands heretofore conveyed by Van R Rice to Philip Heis, being the Western half of a larger lot conveyed by R F Logan and wife to Van R Rice by deed dated 14th of January, 1845, and recorded in the office of the Recorder of St Louis County in Book P No 3 page 10: And the Court doth as certain and determine that Elizabeth Rice, Widow of Van R Rice, is entitled to an estate for her natural life in one third of two thirds that is to say in two ninths for her dower, in the said lot of ground, and Joshua Fine and R G Woodson trustee are entitled to have paid out of the proceeds of the sale of said dower interest the note of one hundred dollars executed by said Elizabeth Rice to Joshua fine dated 16th day of April, 1859, payable fifteen days after date, bearing interest at ten per cent per annum, with such interest as may have accrued thereon; that Ellen and Elizabeth Rice, infants, are each entitled to one half of two thirds, that is to say to one third part of said lot of ground, subject to the dower of the said Elizabeth Rice widow as aforesaid; that the said Elizabeth Hoke, Emeline Cohick and Therese Latimer are each entitled in fee simple to one undivided seventh of one third that is to say to one twenty first part, of the said lot of ground; that the said James Cohick is entitled in fee simple to three sevenths of one third, that is says to one seventh part of said lot of ground; that the said Adeline, Matilda, Frederick, Mary Louisa, and David Goss are each entitled in fee simple to one fifth of one seventh of one one third, that is to say to one one hundred and Fifth part of said lot of ground. It is therefore considered by the Court that partition of said lot of ground be made among said parties according to their respective rights and interests as above ascertained and determined; and it appearing to the Court that partition thereof in kind cannot be made without great prejudice to the owners thereof, it is therefore ordered that the Sheriff of St Louis County sell said lot of ground at publication to the highest bidder upon the following terms; one third of the purchase money to be paid in cash, and the balance in equal payments of one and two years, deferred payments to be secured by notes and deed of trust, and to bear interest at the rate of Six per cent per annum.
**The State of Missouri in the relation and to the use of Robert R Clarke and Mathew B Chappell vs 428 Chauvin V Le Beau Executor of Michael S Cerre, James H Lucas and Henry G Soulard**
Order Changing Venue.
Said Defendant, Chauvin V Le Beau, Executor, files a petition for a change of venue, and the Court, after due consideration thereof, doth order that the venue of this cause be changed to the St Louis Court of Courmen Pleas, and that the Clerk of this Court file all the original papers together with a certified copy of the record entries herein, in the office of the Clerk of said St Louis Court of Common pleas.
**The State of Missouri to the use of Abram J Stevenson and Washington Bevan vs 579 Chauvin V Le Beau Executor of Michael S Cerre, James H Lucas and Henry G Soulard**
Change of Venue to Common Pleas.
Now come the plaintiffs by attorney and suggest and show to the satisfaction of the Court that the defendant, Michael S Cerre, has departed this life since the commencement of this suit and that Chauvin V Le Beau has been duly appointed and qualified as his executor, it is therefore ordered that said Le Beau be Sub
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**Viewer Page 441** (rcdbook1859_29_0440.jpg)
> Handwritten Page Number on Record Book: 433
stituted as a defendant in lien of said Cure, and thereupon comes said Chauvin V Le Beau, Executor as aforesaid and enters his appearance as on a co-defendant herein: and by consent of parties it is ordered by the Court that the venue of this cause be changes to the St Louis Court of common pleas and that the Clerk of this Court file all the original papers, together with a certified copy of the records entries herein, in the Office of the Clerk of said St Louis Court of common pleas.
**Samuel Copp jr vs 439 St Louis County**
Petition.
Now come the parties, by their respective attorneys, and also come a Jury, to wit: William H Smith Antone Barada, J J Snook, H A Koerner, H F Watson, James Stewart, Fredrick Haurtel, Francis Chenot, J Winklemayer, Thomas Gaus, Henry Glover and Philip Karst, twelve good and lawful men who being duly elected tried and sworn the issue herein joined well and truly to try the trial progresses and being finished the Jurors afore upon their oaths aforesaid say they find for the plaintiff in sum of seven hundred dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the damages aforesaid in form aforesaid as found and also his costs herein expended and have execution therefor.
**Louis H Abrams vs 39 Marshall Ford**
Petition.
Now come the parties, by their respective attorneys, and also come a Jury to wit; Charles E Loring, B J Hannan, H Tyon, Charles Annis, Henry M Gee, Patrick Tully, J C Brown, B J Comby, Adam Dressler, L Bompart, Samuel Treadway, and C W Bramsch, twelve good and lawful men who being duly elected tried and sworn the issue herein joined well and truly to try the trial progresses but not being finished is laid over until to morrow.
**Thomas C Parrish vs 37 Walter Hendry Huish**
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 /insert/ for the sum of nine hundred and sixteen dollars and seventy five cents/insert/ on account of a promissory note executed by the defendant to 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 Last Monday of September 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 442** (rcdbook1859_29_0441.jpg)
> Handwritten Page Number on Record Book: 434
Court met pursuant to adjournment. Present as before.
**Louis H Abrams vs 39 Marshall Ford**
Petition.
Now come again the parties, by their respective attorneys, and also the Jurors empannelled and sworn herein, and by consent of parties L Bompart, one of said Jurors, is withdrawn from the panel and the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they 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 plaintiff his costs herein expended and have execution therefor.
**Alfred M Farley vs 14 E W Barners and L H Clagstone**
Default.
Now come the plaintiff, by his attorney, but the defendant failing to answer make default, wherefore the petition herein is taken against them as confessed.
**Henry Snyder et. al. vs 147 Rutger Teal**
A dedimus is awarded plaintiffs to New York. On motion of William Bliss Clarke attorney for plaintiffs.
**The Pennsylvania Insurance Company vs 148 George W Willard**
A dedimus is awarded plaintiff to Pennsylvania. On motion of William Bliss Clarke, attorney for plaintiffs.
**John Webster wt. al. vs 495 Jacob Cammann et. al.**
The motion to dismiss for want of security for costs being heard and fully considered by the Court, it is ordered that unless the plaintiffs file a good and sufficient bond for costs within twenty days from this date, this cause shall stand dismissed at plaintiffs costs: and this cause continued as upon affidavit at plaintiffs costs for absence of John Gordon a witness.
**Henry R Hammond vs 389 The Pacific RailRoad**
On motion of plaintiff, by attorney, a subpoena duces tecum is ordered to issue to F M Billon commanding him to produce certain books and papers.
**John Riordan vs 287 The Ohio and Mississippi Rail Road Company**
Plaintiff, by attorney, files an affidavit, and the Court after due consideration thereof doth grant the plaintiff leave to sue as a poor person, and thereupon doth overrule the defendants motion for security for costs; and this cause is continued by consent of parties at the defendants costs.
**Samuel Copp jr vs 439 St Louis County**
Defendant files a motion for a new trial.
**Henry Linkemeyer vs 108 Michael Plunkett et. al.**
Continued.
**Henry T Helm et. al. vs 341 Daniel Wolf**
Now comes Thomas C Chester and withdraws his appearance as attorney for defendant.
**William E Wilson assignee of William Wade et. al vs 4 John G lare et. al.**
The plaintiffs application for an injunction being heard and fully considered by the Court is overruled.
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**Viewer Page 443** (rcdbook1859_29_0442.jpg)
> Handwritten Page Number on Record Book: 435
**Herman Boker et. al. vs 195. Joshua H Alexander et. al.**
Depositions for plaintiffs opened and filed.
**Abraham H Hoge and Isaac L Lyon vs 887 William T Mather and Stephen Clary**
Petition.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; William H Smith, Antone Barada, J J Snook, H A Koerner, H F Watson, James Stewart, Fredrick Haurtel, Francis Chenot, J Winklemayer, Thomas Gaus, Henry Glover and Philip Karst, twelve good and lawful men who being duly elected tried and sworn the issue herein joined well and truly to try further proceedings are laid over until tomorrow.
Court met pursuant to adjournment. Present as before.
**Jacob Rhodes vs 383 William G Webb**
Decree ordering account to be taken, and appointing Referee.
This cause having hereto fore been submitted to the Court upon the amended petition, answer, and proofs and fully argued by counsel and taken under advisement by the Court, Now at this day again come the respective parties, by their attorneys, and the Court being fully advised of and concerning the premises doth order and adjudge that all settlements of accounts between plaintiff and defendant based upon the agreements mentioned in plaintiffs petition be opened, and that a new and correct account be taken disallowing all the charges made by defendant against plaintiff for interest and services as charged in defendants account as usurious, and that instead of the charges their made the defendant be allowed ten per cent per annum on the sum advanced by him under the agreement dated 27th May 1857 recited in said petition, and at the rate of six per cent per annum on all the other advances made by him for plaintiff, That defendant be allowed a commission of five percent on all rents collected by him according to said agreement and a reasonable sum for the services rendered by him in the charge of the leasehold property described in the petition, and paying taxes thereon, and redeeming the same from tax sales and other services connected with the same, that defendants counter claim for three hundred dollars for horse buggy and harness set up in his answer be disallowed, that in stating said account the full amount of the judgment of Whitehill and Company against plaintiff of two hundred and thirty dollars be allowed to defendant that in estimating interest the same be calculated on both sides of the account with annual rests on all the advances and receipt of defendant from the date of the first advance to the commencement of this suit, and that interest at the rate of six percent per annum be allowed on whatever balance may be found to have been due from defendant to plaintiff at that date. It is further ordered and adjudged that Samuel A Bennett be and hereby is appointed a Referee to hear the proofs and state the accounts between the parties in accordance with the principles stated in this order, and that he report his proceedings herein to this Court as soon as the same can be conveniently done. It is further ordered that the defendant file in this cause within twenty days of the filing of this decree a bill of particulars of the services for which he claims compensation under the proceedings in this cause; and the Court reserves the right to make such other and further order or Judgment in the Cause upon the coming in of the report of said Referee as the justice of the case may require.
**Nelson H Powers vs 12 Samuel M Cartney et. al.**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Zalman Tayler et. al. vs 142 Maoris D Meyers**
Depositions for plaintiffs opened and filed.
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**Viewer Page 444** (rcdbook1859_29_0443.jpg)
> Handwritten Page Number on Record Book: 436
**Geo W Higgins vs F X Meyer**
Depositions for plaintiff opened and filed.
**Peck Smith Manufacturing Company vs Emile F Kraft and Otto C Kraft**
Note.
Now come the plaintiffs, by its attorney, but the defendants failing to answer herein make default, wherefore the petition herein is taken against them as confessed; 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 hundred and fifty two dollars and sixty three 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.
**Abraham H Hoge and Isaac L Lyon vs 887 William T Mather and Stephen Clary**
Now come again the parties, by their respective attorneys, and also the jurors empannelled and sworn herein and the trial progresses but not being finished is laid over until Monday.
Court met pursuant to adjournment. Present as before.
**John W Skinner vs 570 D A January et. al.**
The plaintiff motion for leave to amend being heard and fully considered by the Court is sustained; and the amendment is accordingly made by insertion in the caption of the petition and making the same read "The State of Missouri to the use of John W Skinner"; and this cause is continued as on affidavit at defendants costs for absence of J N Stephenson, a witness.
**John W Skinner vs 571 Charles Holmes et. al.**
The plaintiffs motion for leave to amend being heard and fully considered by the Court is sustained; which amendment is accordingly made by inserting in the caption of the petition, immediately above the name of the plaintiff the words "The State of Missouri to the use of," and making the State plaintiff herein; and this cause is continued as on affidavit at the defendants costs for absence of N Stephenson, a witness.
**Henry A Keep vs 117 Charles M Montell et. al.**
By consent of parties, plaintiff is given leave to amend his petition and affidavit by interlineations so as to make defendants names read, wherever they occur therein, "Charles M Montell," "John F Herdlen" and "Nathaniel constable jr,"; and by like consent the interlocutory judgment heretofore entered herein is set aside and vacated; and defendants withdraw their motion to set aside interlocutory judgment, and six days from this date are given defendants to answer. Aguement filed.
**Margaret S Evington vs 66 Thomas C Evington**
The plaintiff, by her attorney, comes and dismisses this suit.
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**Viewer Page 445** (rcdbook1859_29_0444.jpg)
> Handwritten Page Number on Record Book: 437
**James A Yore et. al. vs 160 Thomas Anderson**
On motion of plaintiffs, by attorney, it is ordered that an alias summons issue herein. Cause continued.
**Alexander Hite vs R F Bidwell**
Satisfaction.
Plaintiff by his attorney, in open Court acknowledges to have received full and entire satisfaction of the judgment rendered herein.
**William H Conway vs 431 Thomas Campbell et. al.**
Motion to set aside judgment by default filed.
**Gamaliel Bartlett et. al. vs 281 Benjamin S Compton**
On motion of plaintiffs a dedimus is awarded them to New York, and by leave of Court they withdrawn from the files the note herein and files a copy thereof. Said note is withdrawn for the purpose of taking depositions.
**Abraham H Hoge and Isaac L Lyon vs 887 William T Mather and Stephen Clary**
Petition.
Now come again the parties, by their respective attorneys, and also the jurors empannelled and sworn herein, and the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the plaintiffs the sum of fifteen hundred dollars. It is therefore considered by the Court that the plaintiffs recover of the defendants the damages aforesaid in form aforesaid as found and also their costs herein expended and have execution therefor.
**Newton S Gay et. al. vs Arctic Ins Co**
Deposition for plaintiffs opened and filed.
**Joseph Stettinius et. al. vs 75 James Hugheo**
This cause is continued to the next term by consent of parties.
**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; Aaron Boyd, Andrew Smith, A W Tilman, J M Gardiner, A H Christian, J G Helmerichs, Charles Romain, Benjamin Delisle, J S Rice, J B Creely, John Dunlass, and F Wonderly, 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 to morrow.
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**Viewer Page 446** (rcdbook1859_29_0445.jpg)
> Handwritten Page Number on Record Book: 438
Court met pursuant to adjournment. Present as before.
**Jacob Rhodes vs 383 William G Webb**
The parties file an agreement and by their consent eight days from this date are given the defendants to file exceptions to the decree entered herein or any motions in relation thereto.
**Hannah Chilton vs 138 John Chilton**
Order allowing plaintiffs counsel fees.
In the matter of Hannah Chilton against John Chilton, it appearing to the satisfaction of the Court both by the original petition. petition in this cause and also by the answer and eross bill of defendant as well as by the affidavit filed by the plaintiff upon which her motion and application for a decree against the defendant for money to enable her to prosecute her suit against the defendant for a divorce from the bonds of matrimony now subsisting between her and the defendant rests that she is the lawful wife of said defendant, that she is poor and without means to prosecute her suit, and it further appearing by the admission of the said defendant that he is at this time north and the owner of property of the value of three thousand dollars. It is therefore ordered adjudged and decreed by the Court that the defendant pay to the plaintiff for the use of her solicitors, J G C Davis and G C Grammer, the sum of one hundred dollars, and that all others questions both of law and fact be reserved until the final disposition of the suit.
**Pierre A Berthold vs 102 William Wade etal**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the defendants costs and that execution issue therefor. By like consent defendants withdraw from the files the notes sued on and file a receipt therefor.
**Robert B Bowler vs 203 William Wade etal**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismissed at the defendants costs and that execution issue therefor. By like consent defendants withdraw from the files the notes sued on and file a receipt therefor.
**Charles L Tucker vs Harding Given and Company garns of Jos Hyman etal**
Leave is given plaintiff to amend which amendment is accordingly made by adding an additional interrogatory herein.
**Mathias Steitz vs Harding Given and Company garns of Jos Hyman etal**
By leave of Court plaintiff adds an additional interrogatory herein.
**Abraham H Hoge etal vs 887 William T Mather etal**
The defendants come and file a motion for a new trial herein.
**Henry G Soulard vs 570 Samuel H Peake etal**
Account of trustee is this day filed herein.
**John Sandbac K vs Thomas Wall**
Depositions for defendant opened and filed.
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**Viewer Page 447** (rcdbook1859_29_0446.jpg)
> Handwritten Page Number on Record Book: 439
**The Taunton Locomotive Manufacturing Co vs Michael S.Cene Exr et al**
Plaintiff files a motion for summary judgment for amount levied on execution in favor of plaintiff.
**Geo P Fein vs Adolphus Dentelmoser et al**
Depositions for the garnishee opened and filed.
**John Dietz vs 241 Mound City Mutual Fire and Marine Ins Co**
Petition and affidavits for production of books filed.
**Cathrine A Norman vs 205 John H Tighe and Thomas Fox**
Now come again the parties, by their respective attorneys, and also the Jurors empannelled and sworn herein and the trial progresses but not being finished is laid over until to morrow.
Court met pursuant to adjournment. Present as before.
**John Dietz vs 241 Mound City Mutual Fire and Marine Insurance Company**
Order for production of proofs.
And now at this day come the parties, by their respective attorneys, and on the petition of the defendant and affidavits filed, it is ordered by the Court, that the plaintiff produce and deposit in the Clerks office of this Court, for the inspection of the defendant, and for use on the trial of this cause, all the books of account of the plaintiff kept by him in his furniture store at the City of Weston in this State, and also all the books of account of the plaintiff kept by him in his furniture store at Atchison, in Kansas Territory, during the years, 1856, 1857 and 1858; and also all accounts of goods sold and delivered in either and both of said stores, in said years; and also all accounts of cash received and paid during said years by plaintiff and his agents; and also all his, plaintiffs, invoice of goods wares and merchandise and furniture purchased for either of said stores and for both of said stores and also invoices of goods and furniture on hand in 1856, 1857 and 1858; and also notes due by or to said plaintiff during said years either and both of said stores on or before the first day of May, 1860, and suffer to remain in said Clerks Office until the trial of this cause, or show cause before the Court on the said first day of May,1860, why the player of the said defendant should not be granted. Cause continued at the defendant's costs.
**The First Ward Savings Institution vs 180 The Missouri Spinning Company and Louis Bosse**
On Note.
Now comes the plaintiff, by its attorney,and dismisses this suit as to the defendant, Louis Bosse, but the Missouri Spinning Company, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against it is 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 sixty five dollars and sixty five cents. It is therefore considered by the Court that the plaintiff recover of the defendant that debt aforesaid in form aforesaid as found and also its costs herein expended and have execution therefor.
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**Viewer Page 448** (rcdbook1859_29_0447.jpg)
> Handwritten Page Number on Record Book: 440
**Henry R Hammond vs 389 The pacific RailRoad**
On account.
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 assess his damages at the sum of four hundred and fifty four dollars. 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 therefor.
**Alexander McKean vs 470 James Castello and John M Wimer**
On note
On motion of plaintiff by his attorney and it appearing to the Court that there is an error in the judgment rendered herein on the Eighth day of February last past is ordered that the entry made on said day be set aside and vacated and the following entered as of said Eighth day of February, 1860, nunc pro-tunc, towit; Now comes the plaintiff by his attorney, but the defendant 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 plaintiff in the sum of fourteen hundred and eighteen dollars and seventy 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; and it is ordered that this judgment bear interest at ten percent per annum from this date until paid.
**John Reeves vs 459 William Fulton**
Continued as on affidavit at the defendants costs for absence of Bernard Kessen a witness
**Henry T Helm et al vs 341 Daniel Wolf**
Continued by consent at defendants costs.
**Margaret Graves vs 513 John W Graves**
Continued.
**Franz J Schilling for use vs 528 Albert Feger**
Continued.
**George Walton vs W C Murphy**
Depositions for plaintiff opened and filed.
**Malcom C Turner, Thomas C Turner, James Turner, Archibald Turner and Robert Turner vs 243. William Hassinger**
On account.
Now come the parties, by their respective attorneys and also a Jury, to wit; J J Ganard, William Mentz, George Reinhard, Conard Pfeister, John C Shepherd, J P Bailey, Calvin Farris, John Newcomb, J Mc Turley, Peter Purcell, james Kay and Nimrod Snyder, twelve good and lawful men, who being duly elected tried and sworn the issues herein joined well and truly to try the trail progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for 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 plaintiffs his costs herein expended and have execution therefor.
**Alexis Mudd et al vs 461 Thomas Ratcliffe et al**
Continued.
**Andrew Thorp et al vs 464 John Baker**
Continued.
**Henry R Hammond vs Pacific RailRoad**
Depositions for plaintiff opened and filed.
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**Viewer Page 449** (rcdbook1859_29_0448.jpg)
> Handwritten Page Number on Record Book: 441
**Catharine A Noonan vs 205 John H Tighe and Thomas Fox**
Onaccount.
Now come again the parties, by their respective attorneys, and also the Jurors empanelled and sworn herein and the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find judgment for the plaintiff in the sum of one thousand two hundred and eleven dollars and ninety one cents and costs. It is Therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid as found and also her costs herein expended and have execution therefor.
**Charles J Franke and Frederick Llasing, vs 465 Frantz Vogtle, Joseph Vogtle, Jacob Vogtle and Florean Vogtle**
Petition.
Now come the parties, by the respective attorneys, and also come a Jury to wit: George F Gleason, Levis Meyer, Aaron Boyd A W Tillman, J M Gardiner, A H Christian, J G Helmerichs, Charles Romain, Benjamin Delisle, J T Rice, J B Creely, and John Dunlap, twelve good and lawful men who being duly elected tried and sworn the issue herein joined well and truly to try the trial progresses but not being finished is laid over until tomorrow.
**Adeline Goss, Matilda Goss, Frederick Goss, Mary Louisa Goss, & David Goss, by guardian Henry Goss, Elizabeth Hoke and her husband George W Hoke vs Ja Cohick & his wife Emeline Cohick & Therese Latimer & David Latimer**
Jho E Courtenay Sheriff, having filed his report of sale & no exceptions having been filed within the time specified so to do,& it appearing to the Court that said the sale has been in all respects legally conducted. It is ordered that said the report be confirmed & that said Sheriff execute deeds to purchasers of the property sold, & that after paying the costs herein repay the balance of proceeds of sale to the parties entitled thereto. Three hundred dollars are allowed plaintiffs attorneys for their services to be taxed as costs. Agreement filed.
Court met pursuant to adjournment. Present as before.
**Charles H Franke and Frederick Klasing vs 465. Frantz Vogtle, Joseph Vogtle, Jacob Vogtle, and Florean Vogtle**
Petition.
Now come again the parties, by the respective attorneys, and also the Jurors empannelled and sworn herein and the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find judgment for plaintiffs in the sum of one hundred and thirty five dollars and costs. It is therefore considered by the Court that the plaintiffs recover of the defendants the damages aforesaid in form aforesaid as found and also their costs in this behalf expended and have execution therefor.
**James Campbell et al vs 242 Tho M Wolf et al**
Continued, and continuance set aside.
**Geo W Tennille vs 141 Ja C Muford admr**
Answer filed.
**Nathaniel W Floyd vs 197 Jesse Dean, William Dean, William Rea, J alias John H Lightner, and John A Caughey**
Petition.
Now come the plaintiff and the defendant, Jesse Dean, by their respective attorneys, and the plaintiff dismisses the suit as to the defendants, William Dean, William Rea, J, alias John, H Lightner, and John A Caughey; 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 the issue herein joined in favor of 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 plaintiff is costs and charges herein expended and have execution therefor.
A J Coons vs B H Batte; Reply filed in this cause.
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**Viewer Page 450** (rcdbook1859_29_0449.jpg)
> Handwritten Page Number on Record Book: 442
**Malcom Turner et al vs 243 William Hassinger**
Plaintiffs file a motion for a new trial.
**Adam Jacobs, George A Reichenecker, Joshua Mitchem and George W Bowman vs 503 David L Latourette, Edward Wyman and James A Grant**
Petition
Now come the plaintiffs and the defendant, Edward Wyman, and the plaintiffs dismisses this suit as to the defendants, David L Latourette and James A Grant; and also come a Jury towit; Andrew Smith, F Wonderly, J J Ganard, William Metz, Geo Reinhard, Conrad Pfeister, J P Bailey, C Farris, John Newcomb, J M Judly, Peter Purcelle and James Ray, 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 say they find for the defendant. It is therefore considered by the Court that the plaintiffs take nothing by their suit in his behalf but that the defendant go hence without day and recover of the plaintiffs his costs and charges in this behalf expended and have execution therefor.
Court met pursuant to adjournment. Present as before.
**Simpn Meyberg et al vs 802 The Farmers Union Ins Co**
Plaintiffs file the affidavits of Lewis Reich, Michael Goettler, Jno Orleman, John Kessler, Moses Lyon, Jno R Kattwasser, and Solomon marx.
**Thomas G Mason et al vs 139 Franklin H M Ching et al**
Defendants file separate demurrer herein.
**Theodore Rodig vs 620 Michael Rourke**
Defendant files a motion for security for costs.
**Nathaniel W Floyd vs 197 Jesse Dean**
Plaintiff files herein a motion for a new trial.
**Charles L Tucker vs Harding Gwin & Co garn**
Answer filed.
**Mathias Steitz vs Harding Gwin & Co garn**
Answer filed.
**Adam Jacobs et al vs 503 Edward Wyman**
Plaintiffs, by their attorney, file a motion for a new trial herein.
Edward Maddock vs Elson T Wright: affidavit of Ira T Garrison filed.
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**Viewer Page 451** (rcdbook1859_29_0450.jpg)
> Handwritten Page Number on Record Book: 443
**J G Goodrich et. al. vs Baylies Chamblin**
Satisfaction.
Now come the plaintiffs, by Samuel Knox, their attorney, and acknowledge to have received full and entire satisfaction of the judgment rendered herein.
**John Lowry vs 505 St Bt Hinuetta**
The plaintiffs motion to strike out the defendants answer being heard and fully considered by the Court is sustained; and said answer is accordingly stricken out; Ten days are given defendant to file amended answer.
**Richard R Field et. al. vs 282 Justus Held**
The demurrer to the petition being heard and fully considered by the Court is overruled, Five days are given the defendant to answer herein.
**Samuel Jacoby vs 459 James Coff**
The defendants motion to strike out the petition being heard and fully considered by the Court is overruled.
**Taunton Locomotive Manufacturing Co. Michael S Cerres Exr et. al.**
Notice of motion for summary judgment filed.
**Hannah Chilton vs 138 John Chilton**
On motion of plaintiff, by her attorney, a dedimus is awarded her to Illinois.
**Thomas H West vs Louis Steller garnishee of Thos E Mason**
By consent of parties, the discharge of said garnishee heretofore entered is set aside and vacated and ten days are given plaintiff to reply or deny.
**Charles H Franke et. al. vs 465 Frantz Vogtle et. al.**
Defendants file a motion for a new trial and on their motion four days are given them to file affidavits in support of said motion.
**Catharine A Noonan vs 205 John H Tighe et. al.**
Defendants file motion for a new trial herein.
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**Viewer Page 452** (rcdbook1859_29_0451.jpg)
> Handwritten Page Number on Record Book: 444
Court met pursuant to adjournment. Present as before.
**Taunton Locomotive Manufacturing Co vs Chauvin V Le Beam Exr et. al.**
Exceptions to motion for summary Judgment filed.
**Randolph peters vs 422 Edwin A Skeele**
The defendants motion to dismiss this suit being heard and fully considered by the Court is overruled; Ten days are given the defendant to answer.
**Otis West vs 383 Brannock Jones et. al.**
The motion to strike out answer of defendant Jones being heard and fully considered by the Court is overruled.
**John Webster et. al. vs 495 Jacob Cammonn et. al**
Plaintiffs file a bond for costs with D. W Hill as security which is approved.
**Hannah Chilton vs 138 John Chilton**
Defendant comes, by his attorney, and files a bill of Exceptions herein.
**Theodore Rodrig vs 620 Michael O Rourke**
Comes the plaintiff and confesses the motion for security for costs and until the 16th of April next is given him to file such security.
**William Lindsay vs 425 Alexander Riddle et. al.**
Plaintiffs motion to strike out part of answer of defendant, Farlin, being heard and fully considered by the Court is sustained; and twenty days are given said defendant Farlin to amend.
**William Lindsay vs 426 John B Parsons et. al.**
The plaintiffs motion to strike out part of answer of defendant, J Whitney Farlin, being heard and fully considered by the Court is sustained; and twenty days are given said defendant Farlin to amend.
**Charles Knobelsdorff et. al. vs 391 Thomas E Courtenay et. al.**
The defendants motion to strike out part of petition being heard and fully considered by the Court is overruled; Ten days are given the defendant to answer.
**William B Watson vs 23 Abraham A Van Wormer et. al.**
The plaintiffs motion to suppress the deposition of Leonard R Sargent being heard and fully considered by the Court is sustained, and the said deposition is accordingly suppressed: cause continued.
**Geo G Presbery vs Thos Campbell et. al.**
Depositions for defendant Michael opened and filed.
**Zalmon Tayler et. al. vs 142 M D Meyers**
Mo to suppress part of depositions filed.
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**Viewer Page 453** (rcdbook1859_29_0452.jpg)
> Handwritten Page Number on Record Book: 445
**John Deitz vs Mound City Mutual Fire and Marine Insurance Co, of Saint Louis**
The Court having duly heard and considered the motion of plaintiff, filed in this cause, to suppress the deposition of Hugh Robinson, taken in this cause, and being thereof fully and sufficiently advised, doth order that the same be sustained. Bill of Exceptions, filed.
**Henry A Keep vs 117 Charles M Montell et. al.**
On motion of the defendants, by attorney, five days additional time are given them to answer herein.
**Samuel Gaty vs St Louis Alton and Chicago Rail Road Co**
Depositions for plaintiff opened and filed.
**Isaac Bruce et. al. vs St Louis Railway Company et. al. garns**
Said Garnishee St Louis Railway Co files an answer.
Court met pursuant to adjournment. Present as before.
**James Cuddy vs 368 John S Thompson**
Depositions for defendant opened and filed.
**Philip Kingsland vs 369 John S Thompson**
Depositions for defendant opened and filed.
**Irwin Z Smith vs 630 Henry Hitchcock et. al.**
Order of Reference, Order for Subpoena Duces Tecum
By consent of parties the defendants withdraw their answer and file a supplemental answer herein; and on motion of the defendants, this cause is referred to Samuel A Bennett as referee to hear and decide the matters in controversy herein, and it is ordered that said referee make report of his proceeding as soon as practicable. Defendants file a motion for a subpoena duces tecum and the Court, after due consideration thereof, doth order that a subpoena duces tecum issue to Walter E Sell commanding him to produce, before said Referee, at such time and place as side Referee may designate, all the books of account, in his possession, of the late firms of Sell Ward and Sheppard and Sell Sheppard and Company.
**Gustav Guenther vs Louis J Ranken et. al.**
Continued by consent.
**Gustav Guenther vs Francis Cornet et. al.**
Continued by consent.
**A R M Nair et. al. vs 269 Michael Lott et. al.**
Now come the parties and file an agreement herein.
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**Viewer Page 454** (rcdbook1859_29_0453.jpg)
> Handwritten Page Number on Record Book: 446
**Gustav Bauermann vs 632 Jesse Aerot and Wiley J Stratton garnishees of James Boultinghouse**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that said garnishees be discharged at plaintiffs costs and that execution issue therefor.
**Mathias Mentrup vs 580 The Peoples Savings Institution**
This cause is continued by consent at plaintiffs costs.
**Andrew F Hummitsch vs 123 Jacob Beroch, Adam Richtocheid and Philipp Kraft**
On Note.
Now come the parties, by their respective attorneys, and the defendants withdraw their answer and failing further to plead 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 plaintiff in the sum of Eighteen hundred and twelve dollars and fifty 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: and it is ordered that this judgment bear interest at the rate of ten percent per annum. Assignment of judgment to B M Runyan filed.
**James J Kelly vs 610 Robert M Renick etal garns**
Continued.
**David Anderson etal vs G P Theobald garns**
Continued.
**Pilot Knob Iron Company vs 599 The St Louis and Iron Mountain Rail Road Co garnishee ex**
Continued.
**Wilson King vs 611 Thomas Brown etal garns of Ohio M R R Co**
Continued by consent.
**The State of Indiana vs Joshua W Owings**
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 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.
**Samuel Jacoby vs George W Manning**
Order of Delivery.
The plaintiff comes and files a petition and affidavit, according to law, claiming the possession of certain personal property therein described; wherefore it is ordered that the 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.
**Charles M Laren vs 490 Jacob Rosenbaum**
The plaintiffs motion for a new trial herein being heard and fully considered by the Court is overruled.
**Henry A Homeyer etal vs 557 Adolphus Dentelmoser**
Dismissal.
By consent of parties it is ordered that this cause be dismissed at defendants costs and that execution issue therefor.
**Jacob Rhodes vs 383 Wm G Webb**
Defendant to files exception to the decree entered herein.
---
**Viewer Page 455** (rcdbook1859_29_0454.jpg)
> Handwritten Page Number on Record Book: 447
**Henry A Keep vs 117 Charles M Montell et. al.**
Answer filed.
**John Garrison et. al. vs 578 Wm A Bassett et. al.**
Stipulation filed.
**John J Haley et. al. vs 613 Frederick Spies et. al. garns**
The Garnishee, George Geisel, files an answer herein.
**Christian Backmann vs 172/2 Joseph Schneider**
Now come the parties, by their respective attorneys, and submit the demurrer to the petition to Court and the Court having duly heard and considered the same, doth order that all that portion of the plaintiffs petition on the second and third pages thereof, inclosed in brackets be and the same is hereby striken out, and that said demurrer be and is hereby overruled.
**Peter Kessler vs 612 Adolphus Dentelmoser garnishee**
Dismissal.
On motion of plaintiff, by his attorney, it is ordered that this proceeding be dismissed at his costs and that execution issue therefore.
**Hadson E Bridge and Walter L F Gage vs 46 John H Young**
Order of Publication.
On motion of the plaintiffs, by their attorney, it is ordered that the defendant be notified that a civil action has been commenced against him for the sum of two hundred and sixty five dollars and eighty four cents, on account of goods wares and merchandise sold and delivered by the plaintiffs, under the style of W L F Gage and Company, to the firm of R F Perry and Company of which firm the defendant was a member, 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 last Monday of September 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 Republican, a newspaper printed and publishes in the City of St Louis.
**Antoine R M Nair, William Wade, John D Osboine, George W Goode, Stephen F J Trabue, Jules C Dennis vs 269 Michael Lot, Michael Fie, Conrad P Feiffer, Wilhelmina Treuberger widow of Joseph Treuberger, decd, Frederick Eberhardt, William Topping, John Gutting, William Koenig, Adam Knoepp, Thomas Mc Adams, James Breckinise, William H Harshaw, John Britch, William Hiem, Jacob Britcher, Henry Scherges, William Waldrew, William Meeker, Amons Andrews, John H Glein, Joseph Charless, John A Brownlee, Louis A Labeaume, and Peter E Blow**
Change of Venue from Land Court.
Now at this day come the parties, by their respective attorneys, and submit this cause to the Court upon the pleadings exhibits and proofs and thereupon the trial progresses but not being finished is laid over until to morrow morning.
---
**Viewer Page 456** (rcdbook1859_29_0455.jpg)
> Handwritten Page Number on Record Book: 448
Court met pursuant to adjournment. Preset as before.
**Robert S Eddy vs 49 Elizabeth Boylan**
Deposition for plaintiff opened and filed.
**Chas Wiggins vs 807 Napoleon Mulliken**
Motion for judgment filed.
**Griggin P Theobald et al vs 150 Caesar R Montague**
The demurrer to plaintiffs petition being heard and fully considered by the Court is overruled; Ten days are given defendant to answer.
**In the matter of the assignment of William S Hawken**
In the matter of Application of Assignee for Discharge.
Now comes Henry Hitchcock, Esguire, an attorney of this Court, heretofore appointed by the Court a commissioner to examine the merits of the application for a discharge from his said trust heretofore made by Christopher M Hawken, assignee of William S Hawken, and files and presents to the Court his report as such Commissioner: and the Court having examined said Report and being advised of the merits ofsaid application doth approve the said Report, and thereupon doth order that the said assignee pay into Court the sum of thirty five dollars and seventy cents being the balance of dividends unclaimed in his hands, to wit; dividend due Portley Nelson and Company, Sixteen dollars and seventeen cents, and dividend due William F Kelly nineteen dollars and fifty three cents; and also that said assignee return here into Court the due bill of Alexander Snell, for twenty six dollars, and the note of W A Bruce for one hundred and seventy four dollars and twenty eight cents, both mentioned in the application of said assignee and in the Report of said Commissioner: and that said assignee also deliver into Court all the books of account and papers relating to said assignment or the business thereof, and that he pay all costs accused therein, including the sum of fifteen dollars which is allowed to said Commissioner.
**Thomas S Page vs 135 Albert Becker**
Plaintiff by leave of Court withdraws the note herein and files a copy thereof.
**Thomas S Page vs 337 Albert Becker**
Plaintiff by leave of Court withdraws exhibit C and files a copy thereof.
**Joseph Battuson vs Lewis Battuson**
Confession of Judgment.
Now comes the plaintiff, by his attorney, and files the statement of the defendant duly verified by affidavit, whereby the defendant confesses himself indebted to the plaintiff in the sum of three hundred and one dollars and four cents and authorizes the entering up of judgment 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 debt aforesaid in form aforesaid as confessed and also his costs herein expended and have execution therefor; and it is ordered that this judgment bear interest at ten per cent per annum from this date.
**William H Cozzens vs Lewis Battuson**
Confession of Judgment.
Now comes the plaintiff, by his attorney, and files the statement of the defendant duly verified by affidavit, whereby the defendant confesses himself indebted to the plaintiff in the sum of seventy six dollars and eighty seven cents and authorizes the entering up of judgment 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 debt aforesaid as confessed and also his costs herein expended and have execution therefor, Judgment bear interest at ten per cent per annum.
**Gilbert Deacon vs Bernard Fisher's Ex**
Transcript from St Louis Brobate Court filed.
---
**Viewer Page 457** (rcdbook1859_29_0456.jpg)
> Handwritten Page Number on Record Book: 449
**Thomas Swales et al vs 572 Horace A Conant**
The defendant motion for a new trial being heard and fully considered by the Court is overruled.
**In the matter of the assignment of William S Hawken**
In the matter of application for Discharge. Order of Discharge.
Now comes the said Christopher M Hawken and shows to the satisfaction of the Court that he hath obeyed and fully performed the order heretofore made by the Court in pursuance of the report of Henry Hitchcock, Esguire, Commissioner in this behalf: And that he hath paid into Court the said sum of thirty five dollars and seventy cents, balance of dividends unclaimed in his hands, and hath delivered to the Clerk the several books and papers in said order mentioned, and that paid all costs accrued in this behalf: Whereupon, it is further ordered that the said Christopher M Hawken, assignee of William S Hawken, be and he is hereby discharged from all further duty or obligations under said assignment.
**Peter Wiles and Daniel Horning vs Rudolph Bircher**
Replevin.
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 plaintiffs and assess their damages sustained by reason of the promises in the petition mentioned at the sum of fifty dollars and assess the value of the property in dispute at the sum of one hundred and fifty dollars. It is therefore considered by the Court that the defendant and G A Kerr and Albert Tennet, has securities on the bond herein, return said property, towit; a certain black Morgan horse, a stallion, aged about six years, or pay the value aforesaid as assessed, at the election of the plaintiffs, and also pay the damages aforesaid as assessed and the costs of this suit, and that the plaintiff have execution therefor.
**Christian Bachmann vs 172 1/2 Joseph Schneider**
Motion to strike out part of petition filed.
**Samuel L Hertz vs 157 Lucius H Fuller**
Denial of answer and offset & filed.
**Geo G Samuel vs 445 Geo W Manning et al**
The motion to strike out the defendants answer being heard and fully considered by the Court is over ruled, to which action of the Court plaintiff excepts.
**Charles H Franke et al vs 465 Frantz Vogtle et al**
Five days additional time are given defendants to file affidavits in support of motion for a new trial.
**Antoine R M Nair, William Wade, John D Osborne, George W Goode, Stephen F J Trabue and Jules C Dennis, vs 269. Michael Lott, Michael Fie, Connard Pfeiffer, Wilhelmina Treuberger, widow of Joseph Treuberger, Frederick Eberhardt, William Topping, John Gutting,William Koenig, Adam Knoepp, Tho's McAdams, James Breckineidge, William H Harshaw, John Britch, William Hiem, Jacob Brichter, Henry Scherges, William Waldrew, William Meeker, Amos Andrews, John H Glien, Joseph Charless, John A Brownlee, Louis A Labeaum and Peter E Blow.**
Change of Venue from Land Court.
Now come again the parties, by their respective attorneys, and the trial progresses but not being finished is laid over until to morrow.
---
**Viewer Page 458** (rcdbook1859_29_0457.jpg)
> Handwritten Page Number on Record Book: 450
Court met pursuant to adjournment. Preset as before.
**Henry Lutt vs 114 Geo Buttner**
Motion for security for costs fileds.
**Josepha Brown vs 65 Anton Brown**
Order of Publication.
The plaintiff files a petition and also an affidavit according to law from which it appear to the Court that the defendant is a non resident of the State of Missouri, therefore on motion of the plaintiff, by her attorney, it is ordered 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 existing between plaintiff and defendant on the ground that the defendant has offered such indignities to the plaintiff as to render her condition intolerable, and also to obtain a decree restoring to plaintiff her maiden name, and that unless he appear at the next term of this Court to be begun and held at the City of Stt Louis, within and for the County of St Louis, on the last Monday of September next, and nor before the Sixth day thereof answer to the action aforesaid, according to law, the plaintiffs petition herein will be taken against him as confessed. And it is further ordered that a copy hereof be published according to law in the H Louis Morning Herald a newspaper printed and published in the City of St Louis.
**Samuel L M Barlow vs 7 Joseph H Oglesby et al**
Continued by consent.
**Epenetus B Kellozz vs 48 John H Dargin**
Continued.
**James Dorter et al vs 45 Albert S Johnson**
On motion of plaintiff it is ordered that an alias summons issue herein, Cause continued.
**Christina Earl vs 205 William Earl**
Order of Publication.
The plaintiff files an additional affidavit from 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 her attorney, it is ordered 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 existing between the plaintiff as to render her condition into levable, and has been convicted of felony, that 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 last Monday of September next, and on before the Sixth day thereof answer to the action aforesaid, according to law, the petition herein will be taken against him as confessed. And 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 Tillman &e vs 42 Henry L Battuson et al**
Continued by consent at plaintiffs costs.
**Richd R Field et al vs 282 Justus Held**
Answer filed.
**Jacob Berlin vs 629 Ja's A Eddy et al**
The plaintiff, by his attorney, comes and files a reply to the Counterclaim.
**Charles L Tucker vs Harding Given & Co garnishee**
The plaintiff files a denial of the answer of said garnishee.
Mathias Steitz vs Harding Given & Co garns; . . Denial ofsaid garnishees answer filed.
---
**Viewer Page 459** (rcdbook1859_29_0458.jpg)
> Handwritten Page Number on Record Book: 451
**Robert S Eddy vs 49 Elizabeth Boylan**
By leave of Court plaintiff withdraws the depositions taken in his behalf for the purpose of having the paper and exhibits properly attached together and certified by the Officer taking the same and it is ordered that the Clerk seal up and direct the same to said Officer.
**Thomas L Mortland vs 22 Walker Hegaeman**
Dismissal.
On motion of the plaintiff, by his attorney it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Irwin of Smith vs 630 Henry Hitchcock et al**
Defendants file a motion for a subpoena duces tecum directed to Miles G Moies for the production of certain books before the Referee herein and the Court after due consid evation thereof doth order that a subpoena duces tecum issue as prayed for in said motion.
**Antoine R M Nair et al vs 269 Michael Lott et al**
Now come again the parties, by their respective attorneys, and the trail progresses but not being finished is laid over until to morrow.
Court met pursuant to adjournment. Present as before.
**Bennett S Aden vs 103 David Dick and Robert W M Clure**
Now comes the plaintiff, by Henry Hitchcock, his attorney in fact, and exhibits and presents to the Court, an assignment of the Judment herein to James C M Neil, and it is ordered that said assignment be filed, which is accordingly done.
**Berrendina R Croker vs 66 Charles Croker**
Order of 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, therefore, on motion of the plaintiff, by her attorney, it is ordered that the defendant be notified that a civil action has been commenced against him to obtain a decree of divorce from the lands of matrimony existing between plaintiff and defendant on the ground that the defendant has offered such indignities to the plaintiff as to render her condition intolerable, and also to obtain a decree obtaining the restoration of her maiden name, and that unless he 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, or the last Monday of September next and on or before the sixth day thereof answer to the County of St Louis, or the to law the plaintiffs petition will be taken against him as confessed. And it is further advised 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.
**Newton S Gay et al vs Arctic Fire Ins Co**
Depositions for plaintiffs opened and filed in this cause.
John Garrison et al vs W A Bassett et al; Continued on affidavit at defendants costs.
---
**Viewer Page 460** (rcdbook1859_29_0459.jpg)
> Handwritten Page Number on Record Book: 452
**John Rieser vs 248 Adam Munk et al**
On motion of plaintiff, by attorney it is ordered that an alias Summons issue herein Cause continued.
**Thomas H West vs Louis Steller garns**
The plaintiff files adenial of said garnishees answer.
**Thomas G Little vs Harvey and Wheedon**
Depositions this day received opened and filed.
**Abraham Keamer and Adolph Loth vs Jacques Blum**
Confession of Judgment.
Now comes the defendant and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to the plaintiffs in the sum of twenty eight hundred and seventy dollars and sixty five cents and authorizes the entering up of 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 debt aforesaid in form aforesaid as confessed and also their costs in this behalf expended and have execution therefor.
**Antoine R M Nair et al vs 269. Michael Lott et al**
Now come again the parties, by their respective attorneys, and the trial progresses but not being finished further proceedings herein are laid over until Saturday Morning. Motion to permit non suit as to interest of A R M Nair filed.
---
**Viewer Page 461** (rcdbook1859_29_0460.jpg)
> Handwritten Page Number on Record Book: 453
Court met pursuant to adjournment. Present as before.
**Albert Schulherr vs 44 Josephine C Smith**
Dismissal.
On motion of plaintiff, by his attorney it is ordered that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**Samuel L Hertz vs 157 Lucius H Fuller**
Order for Production of Books and Papers.
The plaintiff files a petition for the production of certain books and papers therein mentioned and the Court, after due consideration thereof, doth order that the defendant produce, on Monday next April 2nd 1860, at twelve o'clock, at the office of Jones and Sherman, in the City of St Louis, the following bookds and papers, to wi; Inscription books of 1857, 1858 and 1859, Collection books of 1857, 1858 and 1859, the contract of H P Fuller, L Drury, E Thomas, J Sear, R Shearlock, M C White, J W Bett, Walter Nutter, J Halligan, E C White, Hannah McCray, W P Sewright and G A Anderson, which contracts were made between 1st of August, 1857, and 1st of April, 1858, by the above named persons with the said defendant, Fuller, by or through said plaintiff Hertz, for the purchasing order or delivery of marble monuments, tombstones or gravestones; or that on said day he show cause why the petition of plaintiff should not be granted.
**Louisa Freudenberg vs 28 John Freudenberg**
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant, although duly warned and called comes not but makes default; wherefore, on motion of plaintiff, the petition herein be taken against the defendant as confessed; and the plaintiff submits this cause to the Court upon the petition and proofs, and the Court, having duly heard and considered the same, 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 at all the rights and privileges of an unmarried person, and that the plaintiff pay the costs of this suit and that exe cution issue therefor.
**Newton S Gay et al vs The Arctic Fire Ins Co**
Depositions taken in New York opened and filed.
**Catharine Simon vs 4 Henry Simon**
Continued.
**Caroline Ahrens vs 5. August Ahrens**
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant, although duly summoned and called comes not but makes default; wherefore, on motion of plaintiff, the petition herein is taken against the defendant as confessed: and the plaintiff submits this cause to the Court upon the petition and proofs, and the Court having duly heard and considered the same 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 unmarried person and that the plaintiff pay the costs of this suit and that execution issue therefor.
**Jacob Berlin vs 629 Ja's A Eddy et al**
Continued at plaintiffs costs, on account of the absence of plaintiffs counsel.
---
**Viewer Page 462** (rcdbook1859_29_0461.jpg)
> Handwritten Page Number on Record Book: 454
**Catharine Fischer vs 10 Adam Fischer**
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant, although duly called still makes defendant, and the Court having duly heard and considered the proofs, and being satisfied of the good conduct of the plaintiff and that she is an innocent and injured party, it doth consider, 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. It is further ordered that the plaintiff pay the costs of this suit and that execution issue therefor.
**Geo P Fein vs 614 Adolphus Dentelmoser garns**
By consent of parties this cause is continued at the plaintiffs costs.
**Joseph Stettinius et al vs 75 James Hugheo**
On motion of plaintiffs leave is given them to relate the deposition of Samuel L Campbell.
**David W Hill vs 71 Michael S Cerre**
On motion of plaintiff, by his attorney, it is ordered that ascire facias issue for the legal representatives of the defendant. Cause continued.
**John J Roe and Henry J Moore vs 55 Thomas L Moore, John G Glenn, Albert Becker, Joseph A Fanning, James A Stockton, and Daniel W Wheeler**
On note.
Now come the parties, by their respective attorneys, and file a stipulation and the plaintiffs dismiss this suit as to the defendant, James A Stockton, and the defendant, Daniel W Wheeler, withdraws his answer herein and failing further to plead makes default, where fore the petition herein is taken against him as confessed: and the plaintiffs and defendants, Thomas L Moore, John G Glenn, Albert Becker and Joseph A Fanning, consent and agree that judgment may be rendered against said defendants and in favor of the plaintiffs for the sum of twenty hundred and ninety six dollars; and the Court finds from the instrument in writing on which this action is founded that the defendant, Daniel W Wheeler, is indebted to the plaintiffs in the sum of twenty hundred[dollars ?] and ninety six dollars. It is therefore considered by the Court that the plain tiffs recover of the defendants the debt aforesaid in form aforesaid as found and agreed upon and also their costs herein expended and have execution therefor.
**Robert Stevens vs 70 Grainard William et al**
Dismissal.
On motion of plantiff it is odered that this cause dismissed at the planitiff costs and that execution issue threfor
**Francis Kohr vs 83 St Bt Spread Eagles**
On account.
Now come the parties, by their respective attorneys, and the plaintiff withdraw his motion for judgment on the answer herein, and also a Jury, to wit; George W Sparhaw, K, J O Clark, Paschal St Cyr, Charles Becker, James Hogan, James Mentrup, Chas S Blood, Louis Wise, Leslie Doggett, Geo Miller, Henry Renicke, and A B M Thompson, 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 suit this behalf but voluntarily takes a n suit with his suit in this behalf but that the defendant go hence without day and recover of the plaintiff its costs herein expended and have execution therefor Motion to set aside non suit filed.
**George Schaeffer et al vs 57 Robt Montgomery**
On motion of plaintiffs, by their attorney, it is ordered that a Pluries Summons issue herein, Cause continued.
---
**Viewer Page 463** (rcdbook1859_29_0462.jpg)
> Handwritten Page Number on Record Book: 455
**Joshua Bennett vs 56 William C Wagley et al**
On motion of plaintiffs, by their attorney, it is ordered that a pluries Summons issue: Court continued.
**John J Haley et al vs 613 Frederick K Spies et al garns**
Said Garnishee files a second amended answer herein.
**Robert N Martin vs 62 William Truesdale**
Continued as on affidavit at defendants costs for absence of Stephen Haskell a witness.
**John A Ubodell, Charles Pierson William Ban and James Duncan vs 89 Harvey G Eastman**
On account.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, come not but make default, wherefore the petition herein is taken against him as confessed; and the plaintiffs waiving a Jurt, submit this cause to the Court for assessonent of damages and the Court having duly heard and considered the same doth assess the plaintiffs damages at the sum of two hundred and sixty three dollars and seventy five cents. It is therefore considered by the Court that the plaintiffs recovery of the defendant the damages aforesaid as assessed and also their costs herein expended and have execution therefor.
**Francis H Schroeder vs 77 Thedore Bredow**
Continued at the plaintiffs costs on account of absence of plaintiffs counsel.
**John Manly vs 73 Henry Buesmeyer et al**
By consent of parties this cause is continued to the next term of the Court.
**Joseph C Irvin et al vs 68 Albert S Johnson**
Continued.
**United States Ins Co vs 88 William P Davis et al**
Continued.
**John B Johnson vs 92 Gustavus Klier**
This cause is continued to the next term of this Court.
---
**Viewer Page 464** (rcdbook1859_29_0463.jpg)
> Handwritten Page Number on Record Book: 456
Court met pursuant to adjournment. Present as before.
**Leonard H Wilkery vs 133. The Illinois River Packet Company et al**
Dismissal.
On motion of plaintiff, by his attorney, it is ordered that this cause be dismissed at plaintiffs costs and that execution issue therefor.
**Jacob Berlin vs 629 Joseph A Eddy et al**
By consent of parties, the continuance of this cause is set aside and vacated and this cause placed upon the law docket for trial.
E C Slvan and Edward F Tracy, two credible witnesses, examined under oath, prove the execution and acknowledgment of a deed of emancipation by George Morton to his slave Jesse Henry a bright mulatte boy aged about four years.
**Henry H Radford vs 84 Sarah Radford**
Decree of Divorce.
Now comes the plaintiff, by his attorney, but the defendant still makes default; and the plaintiff submits this cause to the Court upon the petition and proofs and the Court having duly heard and considered the same doth find therefrom 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 him contracted with the defendant and be restored to all the rights and privileges of an unmarried person and that he pay the costs of this suit and that execution issue therefor.
**In the matter of the petition of Robert Campbell**
Substitution of Sheriff as Trustee.
It appearing to the Court from the petition of Robert Campbell the day filed, that he is an interested party in a deed of trust executed by Edwin R Yates, now deceased, on or about the 15th day of April, 1857, recorded in the Office of the Recorder of St Louis County in Book no 185 p 282, and that Henry Cabot, the trustee therein named, has removed from the State of Missouri without having performed the duties imposed on him by said deed, It is therefore ordered deed of trust in place of the said Henry Cabot, the original trustee therein named.
**State of Missouri use of Michael Werk et al vs 533. David Anderson et al**
Continued by consent, plaintiffs to pay witness fees and costs of attachments for witnesses accused at this term.
**Peter Eversman et al vs Charles Marlow**
Satisfaction.
The plaintiffs, by their attorney, come and acknowledge to have received full and entire satisfac tion of the judgment rendered herein November 18th, 1859.
**Hepsia B Mudge vs Charles Marlow**
Satisfaction.
The plaintiffs, by his attorney, comes and acknowledge to have received full and entire satisfaction of the judgment rendered herein November 19th, 1859.
**Peter Eversmann et al vs Charles Marlow**
Satisfaction.
The plaintiffs, by their attorney, come and acknowledge to have received full and entire satisfaction of the judgment rendered herein January 9th, 1860.
**William H wates vs 164 John C Bull**
Depositions for plaintiff opened and filed. Motion to suppress depositions filed.
---
**Viewer Page 465** (rcdbook1859_29_0464.jpg)
> Handwritten Page Number on Record Book: 457
**Conrad Neun Jr et al vs 483 Heinuch Heissner**
Second amended petition filed.
**Antoine R M Nair et al vs 269 Michael Lott et al**
Now come again the parties, by their respective attorneys, and the trial progresses but not being finished is laid over until Monday.
Court met pursuant to adjournment. Present as before.
**Zalmon Taylor et al vs M D Myers**
Depositions for plaintiffs opened and filed.
**Thomas S Page vs Albert Becker**
Depositions for plaintiff opened and filed.
**Fredrick Meise vs Lewis Battuson**
Confession of Judgment.
Now comes the plaintiff, by his attorney, and also comes the defendant and files his statement in writing duly verified by affidavit, whereby he confesses himself indebted to the plaintiff in the sum of one hundred and eighty one dollars and eighty one cents and authorizes the entering up of judgment 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 debt aforesaid in form aforesaid as confessed and also his costs herein expended and have execution therefor.
**Luther C Clark et al vs 814 Carlof S Greeley, A F Shapleigh, and Mathias Steitz trustees of State Savings Association garns of James F Death et al**
Garnishee Discharged.
On motion of said garnishees, by their attorney, it is ordered that they be discharged at the plaintiffs costs and that execution issue therefor. The sum of ten dollars is allowed each of said garnishees for answering to be taxed as costs.
**Henry Cromercuis vs 126 Michael S Cerre**
On motion of the plaintiff, by his attorney, it is ordered that a scire facias issue for the legal representatives of the said defendant.
**Ann Berreau vs 133 Joseph H Perreau**
Dismissal.
On motion of the plaintiff, by her attorney, it is ordered that this cause be dismissed and that execution issue against the defendant for the costs herein.
**William R Martin et al vs 137 Me L Young et al**
On motion of plaintiffs, by their attorney, it is ordered that an alias summons issue herein.
---
**Viewer Page 466** (rcdbook1859_29_0465.jpg)
> Handwritten Page Number on Record Book: 458
**Henry Buesmeyer vs 247 John Nickolay and Fritz Billman**
Petition.
Now come the parties, by their respective attorneys, and also come a Jury to wit; B G Brown, Edward Sebert, James Hale, G E O Van Name, John Roberts, Alferd Dix, William Reilly, J R Daniel, H S Ring, William B Stanard, Henry Asbrook and Thomas Johnson, 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, by consent, B G Brown, one of the Jurors, is withdrawn from the panel, and the[the ?]being incomplete, the remaining Jurors are discharged from the further consideration of this cause, and the plaintiff says he will not further prosecute his suit in this behalf but voluntarily takes a non suit with leave to more 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 defendants go hence without day and recover of the plaintiff their costs herein expended and have execution therefor. Leave is given the plaintiff to move to set the above non suit aside.
**Isaac T Greene vs 157 William H Smith etal**
Continued on application of plaintiff at his costs.
**Christian Bermine vs 40 Anna Maria Bermine**
Decree of Divorce.
Now come the parties, by their respective attorneys, and the Court proceeds to hear the proofs of the parties, and having duly heard and considered the same 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 him contracted with the defendant and be restored to all the rights and priviledge of an unmarried per son and that he pay the costs of this suit and that execution issue therefor.
**Clarence M Brooks vs 287 Samuel A Turner**
The defendants motion for a new trial being heard and fully considered by the Court is sustained; and the defendants motion in arrest being heard and fully considered by the Court is overruled.
**Derrick A January etal vs 599 D Robert Barclay, etal**
The defendants motion for a new trial being heard and fully considered by the Court is sustained; and the Judgment herein is accordingly set aside and vacated.
**Lewis Zenger et al vs 521 Michael T Mepham et al**
The defendants motion for a new trial being heard and fully considered by the Court is sustained; and the Judgment herein is accordingly set aside and vacated.
**Silas Reed vs 1 George Scott**
Default.
Now comes the plaintiff, by his Attorney, but the defendant failing to plead further makes default, wherefore, on motion of the plaintiff, the petition herein is taken against the said defendant as confessed. Cause continued.
**Joshua V Throop vs 330 The President, Directors and Company of the Bank of Louisville**
On motion leave is granted to file an amended answer herein.
**Luther C Clark etal vs 102 James F Death etal**
Dismissal.
On motion of the plaintiffs, by their Attorney, it is ordered by the Court that this cause be dismissed at plaintiffs costs and that execution issue therefor. Plaintiff by leave of Court withdraws the bill of Exchange sued on.
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**Viewer Page 467** (rcdbook1859_29_0466.jpg)
> Handwritten Page Number on Record Book: 459
**John B Valle vs Eli M Bruce et al garns**
Said Eli M Bruce files an answer herein.
**John A Thompson et al vs 147 Mayer Goldsoll**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**David Cunningham vs 155 John A Williams et al**
Continued.
**John Cochran vs 156 Leverett Mills et al**
Continued.
**William H Waters vs 164 John C Bull**
This cause is continued to the next term of this Court by consent of parties.
**John Kennard Sr and John Kennard Jr vs 134 J M Patton**
On account.
Now come the plaintiffs, by their attorney, but the defendant, although duly called, still makes default, and the plaintiffs waiving a Jury submit the assessment of damages herein to the Court upon the proofs and the Court having duly heard and considered the same doth assess the plaintiffs damages at the sum of one hundred and nineteen dollars and fifty seven cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefor.
**Abraham Ray vs 118 James H Mouison et al.**
Now comes the plaintiff, by his attorney, and dismisses this suit as to the defendant, George W Miller.
**Josiah Norton vs 68 The President Directors and Company of the Bank of Louisville**
Order of Publication.
The plaintiff files a petition and also an affidavit from 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 that the defendant be notified that a civil action has been commenced against it for the sum of thirty two hundred dollars on account of loss sustained by the plaintiff by reason of the alleged wrongful seizure and sale of the Steamboat Cumberland Valley, by the defendant, in which said boat plaintiff claims to have held an interest of one half, and that its property has been attached and unless it 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 according to law judgment will be rendered against it and its 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.
**Antoine R M Nair et al vs 269 Michel Lott et al**
Now come again the parties, by their respective attorneys, and the motion to permit a non suit as to the interest of Antoine R M Nair being heard and fully considered by the Court is overruled, and the trial progresses but not being finished is laid over until Thursday next.
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**Viewer Page 468** (rcdbook1859_29_0467.jpg)
> Handwritten Page Number on Record Book: 460
Court met pursuant to adjournment. Present as before.
**Thomas G Mason et al vs 139 Franklin H M Clung et al**
The separate demurrers to the plaintiffs amended petition being heard and fully considered by the Court are overruled.
**Thomas S Snuth et al vs 345 John Sigeison et al**
Dismissal.
By consent of parties, it is ordered by the Court that this cause be dismisses and that each party pay his own costs herein, and that execution issue therefor. The plaintiff by leave of Court withdraws from the files the note sued on.
**Silas Reed vs 1 George Scott**
Order of Sale.
Thomas E Courtenay, 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 great loss and expense before the probable termination of this suit, and that the said property is likely to depreciate in value; it is therefore ordered that the 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.
**James P Watson vs 65 Thomas Pehan and John Pehan**
Replevin.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; Edward Sebert, James Hale, G E O Van Name, John Roberts, A Dix, William Reilly, J R Daniel, H S Ring, Henry Ashbrook, Thomas Johnson and William Gregon, eleven good and lawful men who being duly elected tried and sworn, by consent of parties, the issues herein joined well and truly to try the trail progresses and, being finished, the Jury retire from the bar here to consider of their verdict, to be rendered of and, concerning the premises, and having considered thereof, and agreed among themselves, return to the bar here, and, upon their oaths aforesaid, say they find for the plaintiff and assess his damages, sustained by reason of the unlawful detention of the property by the defendants, at the sum of one cent. It is therefore considered by the Court that the plaintiff retain the possession of the property delivered to him under the order of delivery herein, and also that he recover of the defendants the damages aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**John Kelly vs 50 John S Cook**
Petition.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; B G Brown, J J Sylvester, J A Rile, A Woodruff, Hy Stackenberg, A Merschmeire, F Barnum, J D Barry, John Daugherty, J P Norton, Isaac Eddings and A R Bowman, twelve good and lawful men, who being duly elected tried and sworn the issues herein joined well and truly to try the trial pro gresses and being finished the Jurors aforesaid upon their oaths aforesaid say they 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 plaintiff his costs herein expended and have execution therefor.
**Joshua V Throop vs 330 The President Directors & Co of Banks of Louisvelle**
Depositions for plaintiff opened and file. Depositions for defendant opened and filed.
**John Kellerman vs Calvin F Burnes**
Now comes the plaintiff, by his attorney, and files a petition, and also comes the defendant and waiving the issue and service of process enters his appearance to this action and files an answer herein.
**Henry Bike et al vs Amand Schnaider**
Depositions for plaintiffs opened and filed in this cause.
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**Viewer Page 469** (rcdbook1859_29_0468.jpg)
> Handwritten Page Number on Record Book: 461
**John Byrne Jr vs 45 Robert Emmet M Carthy**
Order of Sale.
Thomas E Courtenay, Esg, Sheriff of St Louis County, comes and files a state ment from which it appears that the keeping of the property attached under the unit herein will be attended with great loss and expense before the probable termination of this suit; it is therefore ordered that the said Sheriff sell said property, according to law, and make a report of his proceedings under this order on or before the first day of the next term of this Court.
**Abraham Ray vs 118 James H Marrison**
Continued on affidavit at defendants costs.
**Charles Smith et al vs 234 Mary E Gimlin et al**
Appointment of Guardian AD Litem.
The defendant, Mary E Gimlin, files a petition for the appointment of a guardian for the infant defendants, Henry Gimlin and John Gimlin, and the Court, after due consideration thereof, doth appoint the said, Mary E Gimlin, guardian ad litem for the said infant defendants, Henry Gimlin and John Gimlin
**Charles L Tucker vs Harding Given and Company garns of Joseph Hyman and Nathaniel Gunn**
Order of Discharge on payment of money into Court.
It is ordered by the Court that a payment into Court by said garnishees of the amounts confessed, in their answer, to be in their hands, they be dis charged from any further liability on account of said money or as such garnishees, or from any costs herein.
**Mathias Steitz vs Harding Given and Company garns of Joseph Hyman and Nathaniel Gunn**
Order of discharge upon payment of money in Court.
It is ordered by the Court that on payment into Court by said garnishees of the amount confessed in their answer, they be discharged from any further liability on account of said money, or as such garnishees, or from any costs herein.
**James Long et al vs 472 Julia A Gordon et al**
Answer of James Bacon, Jr, Parks Bacon, William Bacon, and Elizabeth Bacon, by their guardian, Lydia Jane Bacon, filed.
**Ann Rebecca Fairman vs 115 Charles M Fairman**
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant, although duly called, still makes default; and the Court proceeds to hear the proofs and having finished the hearing thereof, and being satisfied therefrom that the plaintiff is a person of good moral character and 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 it is further ordered that the plaintiff pay the costs of this suit and that execution issue therefor.
**Henry Buesemyer vs 283 Henry Stuckenberg**
Petiton.
Now come the parties, by their respective attorneys, and also come a Jury to wit; Edward Sebert, John Roberts, William Reilly, J R Daniel, J J Sylverster, John A Rile, A Woodruff, A Meischmeier, J D Barry, John Dougherty, J P Norton and Isaac Eddings, twelve good and lawfulmen, 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 to morrow.
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**Viewer Page 470** (rcdbook1859_29_0469.jpg)
> Handwritten Page Number on Record Book: 462
Court met pursuant to adjournment. Present as before.
**John Sigerson vs 814 John M Krum**
Stephen Rice, Clerk of this Court, files a motion for security for costs herein.
**William Sensenderfer et al vs 3 John Rokes et al**
On motion of the plaintiffs, by their attorney, it is ordered that a pluries summons issue to Jackson County for defendant High Harkins. Cause Continued.
**Susannah E Ivers, by her next friend Reuben M Cord. vs 38 Milton L Glasby, Maria F Glasby, John Glasby, Nancy Glasby, Alban Glasby, William Glasby, and Louisa Glasby, minor heirs of Alban H Glasby, deceased, and Gerard B Allen guardian of said minors.**
Order of Publication.
The plaintiff, by her attorney, files an additional affidavit from which it appears to the Court that the defendant, Milton L Glasby, is a non resident to the State of Missouri, therefore, On motion of the plaintiff, by her attorney, it is ordered that the said defendant, Milton L Glasby, be notified that a civil action has been commenced against him in the St Louis Circuit Court the object of which is to obtain a decree approving a trustee in Lieu of Alban H Glasby, deceased, with the like powers and limitations as were possessed by said Alban H Glasby, deceased, to fulfill and carry out the trusts in a certain deed executed by Eliphalet Hewit and Martha Hewit, his wife, to said Alban H Glasby, his heirs and assigns, forever, in trust for the sole and separate use of the said plaintiff; and also to obtain a decree divesting out of the defendants the legal title to the premises in said deed, described in the petition as follows, to wit; a certain lot or parcel of ground situated in the addition to the City of St Louis, called North St Louis, and bounded and described as follows, to wit; beginning at a point of Fifth Street, alias Tenth street, fifty feet from the intersection of said Fifth Street with Spring street, and running Northwardly thirty feet along the line of said Fifth, alias Tenth street, thence Eastwardly eighty feet to an alley, thence Southwardly along the line of said alley thirty feet to a lot owned by Isaac Snodgrass, thence Westwardly along the line of said lot eighty feet to the place of beginning, being a part of lot three hundred and sixty two in Block sixty three, according to the plot made by Joseph C Brown, and filed with the Commissioners Report in partition among the heirs of William Christy, deceased, and vesting the legal title in said premises in the trustee so appointed: and that unless he 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 to the action aforesaid, according to law, the plaintiffs petition will be taken against him as confessed. And it is further or dered that a copy hereof be published, according to law, in the Missouri Republican, a newspaper printed and published in the City of St Louis. On motion of the plaintiff, it is ordered that an alias summons issue for all of the defendants, except John Glasby and Alban Glasby, returnable to the next turn of this Court, until which time this cause is continued.
**Gamabiel Barblett et al vs Benjamin S Compton**
Deposition for plaintiffs opened and filed.
**James D Fraser vs 368 J A Ubodell et al**
Now comes the plaintiff, by his attorney, and files an amended petition herein.
**George H Chase et al vs 25 Rolph M Campbell et al**
Dismissal.
On motion of the plaintiffs, by their attorney, it is ordered by the Court that this cause be dismissed at the costs of said plaintiffs and that execution issue therefor.
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**Viewer Page 471** (rcdbook1859_29_0470.jpg)
> Handwritten Page Number on Record Book: 463
**Henry Townsley vs 760 Benjamin S Compton**
Depositions for plaintiff opened and files in this cause.
**Richard F Sass et al vs 274 W M M Phuson**
Depositions for plaintiffs opened and files this day in this cause.
**Chas J Norbury vs 365 John Holmes et al**
Depositions for defendants opened and filed this day in this cause.
**Newton S Gay et al vs 257 Arctic Fire Ins Co**
Depositions for defendants opened and filed this day in this cause.
**Henry Buessmyer vs 283. Henry Stuckenberg**
Petition.
Now come again the parties, by their respective attorneys, and also the Jurors empannelled and sworn herein and the trial progresses and being finished, the Jurors aforesaid retire and having considered thereof, and being agreed among themselves, return to the bar here and upon their oaths afore said say they find for the plaintiff the sum of three hundred and thirty two dollars. It is therefore considered by the Court that the petition recover of the defendant the damages aforesaid in form aforesaid as found and also his costs herein expended and have thereof execution.
**Jas W Dougherty vs Samuel Mordecai**
Depositions for defendant opened and filed.
**G P Theobald et al vs 150 Caesar R Montague**
Answer filed.
**Zalmon Taylor, Harvey Hubbell, and John W Knaph vs 142 Morris D Myers**
On Plea in Abatement.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; James Hale, G E O Van Name, A Dix, H S King, W B Barnum, A R Bowman, F Hersch, and B G Brown, 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 trail progresses but not being finished is laid over until to morrow.
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**Viewer Page 472** (rcdbook1859_29_0471.jpg)
> Handwritten Page Number on Record Book: 464
Court met pursuant to adjournment. Present as before.
**Henry Buesemyer vs 283 Henry Stuckenberg.**
Plaintiff files an assignment of the judgment herein to U L Boyce.
**Catharine Simon vs 4 Henry Simon**
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 the plaintiff, by her attorney, it is ordered that the defendant be notified that a civil action has been com menced against him to obtain a decree of dwince from the bonds of matrimony existing between the plaintiff and the defendant, on the ground of desution and also to obtain the care and control of the infant child mentioned in the petition, and that 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 last Monday of September next, and on or before the Sixth day thereof answer to the action aforesaid according to law the petition herein will be taken against him as confessed. 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.
**The Mechanics Bank vs 20 James W Saynisch et al**
Dismissal.
On motion of the plaintiff, by its attorney, it is ordered that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**Charles N Lockwood vs 16 John P Camp and Theodore Ward**
On Note and Account.
Now comes the plaintiff, by his attorney, but the defendants still make default; and the plaintiff submits the assessment of damages to the Court upon the pleadings and proofs and the Court, after due consideration thereof, doth assess the plaintiffs dam ages at the sum of Seven hundred and seventy five dollars and sixty five cents. It is therefore considered by the Court that the plaintiff recover of the defendants the damages aforesaid in form aforesaid as assessed and also his costs herein expended and have execution therefor.
**William B Davis vs 396 Christian Freund**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at his costs and the execution issue therefor.
**In the matter of the assigment of Juluis Glade**
Order extending time for selling at private sale.
Upon reading the petition of John Hartmann assignee of Juluis Glade, and and advising with regard to the same. It is ordered that the said assignee do proceed to sell and dispose of the stock of goods wares and merchandise assigned at private sale for cash for the further period of sixty days. It is further ordered that at the end and termination of Sixty days from this date whatever assets then belonging to said estate undisposed of at the store No 188 Broadway St Louis together with the fixtures in the store shall be sold by said assignee for cash at publication.
**Henry T Mudd et al vs 868 M B Cox garnishee of Gayle and Wilson**
Discharge of Garnishee.
On motion of said garnishee, by his attorney, it is ordered that he be discharged hence at the plaintiffs costs, without an allowance for answering, and that execution issue for said costs.
**Alfred L Field et al vs 22 T Clark Manchester et al**
Motion to dismiss suit for want of security for costs filed.
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**Viewer Page 473** (rcdbook1859_29_0472.jpg)
> Handwritten Page Number on Record Book: 465
**Charles L Tucker vs Harding Given and Company garns of Jas Hyman and Nathaniel Gunn**
**Mathias Steitz vs Harding Given and Company garns of Jas Hyman and Nathl Gunn**
Order Discharge. Receiver Appointed.
Now come the said garnishees, and pay into Court the sum of Seven hundred and sixty two dollars and thirty seven cents, the amount confessed by them in their answer, Whereupon the said garnishee are discharged from any further liability as garnishees herein; and the Court appoints Robert M V Kercheval Receiver of the said amount as paid and deposited into Court by said garnishees, the same to keep and preserve subject to the order of this Court, and the said Receiver files a bond in the sum of one thousand dollars with himself, as principal, and Chas L Tucker an Mathias Steitz, as securities, which bond is approved by the Court: and the amount so paid into Court is accordingly delivered to said Receiver, who files his receipt therefor.
**Frederick M Maas vs 524 Juluis Schrik et al**
Comes the plaintiff, by his attorney, and files a petition and also the acknowledgment of service of petition and writ, by defendants.
**Hull Clark, James C Wilson, and Thomas C Van Hoesen vs Andrew J Morrison**
Confession of Judgment.
Now come the plaintiffs, by their attorney, and also comes the defendant and files his statement in writing duly verified by affidavit whereby he confesses himself indebted to the plaintiffs in the sum of twelve hundred and sixty eight dollars and eighty six cents and authorizes the entering up of 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 debt aforesaid in form aforesaid as confessed and also their costs in this behalf expended and have execution therefor.
**Alfred L Field et al vs George B Sanderson garns**
Said garnishee comes and files an answer herein.
**Zalmon Taylor et al vs 142. Morris D Myers**
On Plea in Abatement.
Now come again the parties, by their respective attorney, and the trial progressed and being finished the Jury retire to consider of their verdict.
**Antoine R M Nair et al vs 269 Michael Lott et al**
Now come again the parties, by their attorney, and further proceedings are laid over until to morrow.
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**Viewer Page 474** (rcdbook1859_29_0473.jpg)
> Handwritten Page Number on Record Book: 466
Court met pursuant to adjournment. Present as before.
**Louisa Burgdorf vs 214 William Brugborf**
Dismissal.
On motion of the plaintiff, by her attorney, this cause is dismissed.
**James W Davenport, Lewis H Drake vs 183. Charles H Heywood and James Morris**
On account.
Now come the plaintiffs, by their attorney, and dismiss this suit as to the defendant, James Morris, but the defendant, Charles H Heywood, although duly summoned and called comes not but makes default, wherefore the petition herein is taken against him as confessed; and the plaintiffs waiving a Jury submit this cause to the Court for assessment of damages and the Court having duly heard and considered the same doth assess the plaintiffs damages at the sum of one hundred and eighty eight dollars and thirty five cents. It is therefore considered by the Court that the plain tiifs recover of the defendant the damages aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefor.
**George W Cline and William C Jameson vs 204 John Matthews**
On account.
Now 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 Seventy Six dollars and ninety cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid as agreed upon and also their costs herein expended and have execution therefor.
**Morris D Myers vs 167 Zalmon Taylor et al**
Continued by consent.
**Aaron B Fenton et al vs 165 Huggins and Van Dom**
Continued.
**Alexander Williams vs 236 Augustus H Evans**
Continued by consent.
**Thomas G Mason et al vs 139 Franklin H M Clung et al**
Continued no one answering.
**Zalmon Taylor, Harvey Hubbell and John W Knopp vs 142 Morris D Myers**
On Notes.
Now come again the parties, by their respective attorneys, and also come the Jurors, empannelled and sworn herein, and being agreed upon a verdict, upon their oaths say they find for the plaintiffs upon the issue joined upon the defendants plea in abatement. It is therefore considered by the Court that, at the date of the commencement of this suit, the defendant was about fraudulently to conceal remove or dispose of his property or effects so as to hinder or delay his creditors: and the defendant failing to answer makes default, 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 plaintiffs in the sum of fifteen hundred and thirteen dollars and forty four cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs in this behalf expended and have execution therfor. The defendant files a motion for a new trial a plea in abatement.
**John Kelley vs 50 John E Cook**
The plaintiff at this day comes and files a motion for a new trial herein.
Grace L Barnes vs Henry M Barnes; Agreement of parties this day filed.
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**Viewer Page 475** (rcdbook1859_29_0474.jpg)
> Handwritten Page Number on Record Book: 467
**William C Walker et al vs 251 Charles Curtis**
Dismissal.
By consent of parties, it is ordered that this cause be dismissed at defendants costs and that execution issue therefor.
**John C Boone vs 367 Kenneth Mackenzie et al**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefor. Plaintiff by leave of Court withdraws from the files the note sued on and files a copy thereof.
**Pierre Chouteaw Jr et al vs 688 John Marshall et al**
On motion of the plaintiffs, by their attorney, it is ordered that analias summons issue herein. Cause continued.
**The Exchange Mutual Marine Ins Co vs 54 Lorenz Schlenker et al**
Dismissal.
On motion of plaintiff, by its attorney, it is ordered that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**Thomas Mears and Edward S Menager vs 217 William Crane**
On Inter plea of Isaac Markley.
Now come the plaintiffs and the interpleader, Isaac Markley, by their respective attorneys, and also come a Jury, to wit; Edward Sebert, John Roberts, William Reilley, J J Sylvester, John A Kyle, A Woodreeff, J D Barry, John Dougherty, J P Norton, Isaac Eddings, James M Dermot and J R Daniel, twelve good and lawful men, who being duly elected tried and sworn the issue joined between the plaintiffs and said interpleader well and truly to try the trial progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find the issue joined upon said interplead of Isaac Markley take nothing by his interplead herein but that the plaintiffs go thereof without day and recover of said interpleader their costs and charges in that behalf expended and have execution therefor.
**James Morton vs 49 Cornelia Morton**
Allowance of alimony pendants lite.
Now come the parties, by their respective attorneys, and submit to the Court the application of the defendant for an allowance for temporary support and maintenance and for an allowance to retain counsel to prosecute her suit, and the Court, having duly heard and considered the same, doth order that the plaintiff pay to the defen= dant, or her agent appointed under her hand, for the temporary support and maintenance of herself, and the two children in her custody, the sum of forty one dollars and sixty five cents on the Second Tuesday of each and every month thereafter, until the further order of this Court; and also that the plaintiff pay to the defendant, or to Messr's Glover and Richardson, her attorneys of record, for her, the sum of one hundred dollars on or before the 15th of this month, for the purpose of retaining counsel to prosecute her suit. Leave is given the par ties to apply to this Court for any modification of this decree which may be deemed necessary.
**Jacob Rhodes vs 383. William G Webb**
Now at this day comes the defendant and files a bill of particulars herein.
**Samuel L Hertz vs 151 L N Fuller**
Answer to Order for production of books filed by the defendant.
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**Viewer Page 476** (rcdbook1859_29_0475.jpg)
> Handwritten Page Number on Record Book: 468
**James D Fraser vs 386 J A Ubsdell et al**
Defendants file a demurrer to the petition herein.
**Antoine K M Nair et al vs 269 Michael Lott et al**
Now come again the parties, by their respective attorneys, and the trial pro gresses but not being finished is laid over until Monday next.
Court met pursuant to adjournment. Present as before.
**Derrick A January, James S Rollins, Gerard B Allen and Thomas T January vs 399. D Robert Barclay, Solomon H Robbins, George W Hungerford and Caleb Rice**
On Note.
Now come the plaintiffs, by their attorney, and dismiss this suit as to the defendants, D Robert Barclay, Solomon H Robbins and George W Hungerford; but the defendant, Caleb Rice, although duly called still makes default; and the plaintiffs waiving a Jury submit this cause to the Court upon the proofs for assessment of damages; and the Court having duly heard and considered the same doth assess the plaintiffs damages at the sum of Seventeen hundred and sixty 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 in this behalf expended and have execution therefor: and it is ordered by the Court that this judgment bear interest at ten per cent per annum from this date until paid.
**State use of Chas S Hempstead vs 738 Felix Coste et al**
On motion of plaintiff leave is given him to amend and it is ordered that he deliver a copy of amendment to defendants.
**Alexander Campbell vs 232 St Louis Alton & Chicago R R C**
Continued.
**Alexander Campbell vs 822 Isaac L Darns et al garns**
Continued.
**Owen V Timon vs 392 Charles L Freeman**
Motion to strike out answer and for judgment filed.
**Robert Davis et al vs 276 James S Sullivan and Simon F Noyes**
Dismissal.
Now at this day come the parties, and by their consent it is ordered by the Court that this cause be dismissed at defendants costs and that execution issue therefor.
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**Viewer Page 477** (rcdbook1859_29_0476.jpg)
> Handwritten Page Number on Record Book: 469
**John Tams vs Thomas E Courtenay**
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 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 defendant and deliver it to the plaintiff.
**The State of Missouri to the use of David P Clay vs 210 Robert Causse and James M Gardiner**
On Bond.
Now at this day come the parties, by their respective attorneys, and also come a Jury; to wit; B G Brown, William Reilly, J R Daniel, J J Sylvester, John A Kile, A Woodruff, J D Barry, John Dougherty, J P Norton, Isaac Eddings, John Roberts and James M Demott, 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 say they are unable to agree upon a verdict; Wherefore, it is ordered by the Court that the Jurors aforesaid be discharged from the further consideraton of this cause, and that this cause be continued to the next term of this Court.
**John S Thompson, William H White. and Hiram A Bryor vs William Bennett and Abraham M Thompson**
On Account.
This cause coming on for trial, the parties come, 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 upon the plaintiffs cause of action against the defendants the sum of Six hundred and seventy two dollars and fifteen cents, and the Court doth further find upon the counterclaim of defendants against the plaintiffs the sum of Six hundred dollars, which leaves a balance in favor of the plaintiffs against the defendants upon the respective demands as found by the Court of Seventy two dollars and fifteen cents: and the Court finding from the evidence that the defendants on the fourteenth day of February, eighteen hundred and fifty nine, served upon the plaintiffs an offer, in writing, pursu ant to the statute in such case made and provided, to allow the plaintiffs to take judgment against the defendants in this suit for the sum of Seventy two dollars and fifteen cents and their costs incurred in this suit up to the time of service of said offer at the time as above stated, which was not accepted by the plaintiffs; The Court doth therefore consider and adjudge that the said plaintiffs recover of the said defendants in this suit the sum of Seventy two dollars and fifteen cents and their costs of suit to be taxed up to the time of service of said offer made on the 14th day of February eighteen hundred and fifty nine; and it is further ordered and adjudged by the Court that the defendants recover of the plaintiffs their costs incurred in this suit to be taxed from and after the said 14th day of February, eighteen hundred and fifty nine.
The State use of W A Bassett vs Robt Causse et al; . . . . Continued.
The State use of Bernhard Midas vs Simon Meyberg et al; . . . Continued to the next term of this Court, on account of the absence of Edward J Castello, a witness, at plaintiffs costs.
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**Viewer Page 478** (rcdbook1859_29_0477.jpg)
> Handwritten Page Number on Record Book: 470
**J Ringold Wilmer, S W Cannell, Lewis Lewis Jr and John Lordner vs 100 John McDowell William McDowell, and George W McDowell**
On note.
Now at this day come said plaintiffs, by their attorney, but dismisses this suit as to the defendant, William Mc Dowell, but the defendants, John McDowell and George W McDowell, 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 of writing on which this action is founded that the defendants are indebted to the plaintiffs in the sum of three hundred and ten dollars[and ?][ten dollars ?] and twenty two cents. It is therefore considered by the Court that said plaintiffs recover of the defendants the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution thereof.
**Samuel Leonard and Alfred Baker vs 101. George C Reed and Theodore Yates**
On notes.
Now come the plaintiffs, by their attorney, and dismisses this suit as to the defendant, Theodore Yates, but the defendant, George C Reed, 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 instruments in writing on which this action is founded that the defendant is indebted to the plaintiffs in the sum of twelve hundred and thirty six dollars and twenty two cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the debt aforesaid in form aforesaid as found and also their costs herein expended and have execution thereof.
**Henry Buesmeyer vs Henry Stuckenberg**
The defendant files a motion for a new trial herein.
**Samuel Gaty vs 149 St Louis Alton and Chicago B R C**
Continued.
**Samuel Gaty vs 819 Isaac L Downsetal garns**
Continued.
**James G Price vs 153 Bart G Leper et al**
Continued at plaintiffs costs on account of absence of plaintiffs counsel.
**William N White vs 199 Noble Kellogg**
Continued as on affidavit at defendants costs on account of absence of Musick, a witness.
**Thomas S Bage vs 135 Albert Becker**
Continued.
**Ellen Gregg vs 154 Robert Gregg**
Continued.
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**Viewer Page 479** (rcdbook1859_29_0478.jpg)
> Handwritten Page Number on Record Book: 471
Court met pursuant to adjournment. Present as before.
**Elizabeth A Dunham vs 314 Hugh Dunham**
Decree of Divorce.
Now at this day comes the plaintiff, by her attorney, but the defendant, although solemnly called, still makes default; and the Court proceeds to hear the proofs, and having finished the hearing thereof, and being satisfied therefrom that the plaintiff is a person a good moral character, and 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 said defendant and be restored to all the rights and privileges of an unmarried person; and it is also ordered and decreed that the plaintiff have the care custody and control of the two infant children of the plaintiff and defendant, mentioned in the petition: and it is further ordered that the plaintiff pay the costs of this suit and that execution issue thereof.
**John A Tatum vs 311 Robert H Ober et al**
The demurrer to the plaintiffs petition being heard and fully considered by the Court is overruled. By consent of parties this cause is continued.
**Epenetus G Kellogg vs 48 John H Dargin**
On motion of the plaintiff, by his attorney, a dedimus is awar ded him to New York.
**Walter Cresson vs 352 Henry Bilstein et al**
On motion of the plaintiffs, by his attorney, a dedimus is awarded him to Bennsylvania.
**George Walton vs 171 William C Murphy**
On note.
Now comes the plaintiff, by his attorney, but the defendant, although 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 nine 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.
**Lumina Jane Lipscomb vs 305 Patrick H Lipscomb**
Decree of Divorce.
Now at this day comes the plaintiff, by her attorney, but the defendant, although duly called, still makes default; and the Court proceeds to hear the proof, and having finished the hearing thereof and being satisfied therefrom that the plaintiff is a person a good moral character, and 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 said defendant and be restored to all the rights and privileges of an unmarried person; and it is also ordered and decreed that the plaintiff have the care, custody and control of the infant child of the plaintiff and defendant, mentioned in the petition: and it is further ordered that the plaintiff pay the costs of this suit and that execution issue thereof.
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**Viewer Page 480** (rcdbook1859_29_0479.jpg)
> Handwritten Page Number on Record Book: 472
**Samuel Penberthy et al vs 307 John Stewart et al**
Continued generally on motion of plaintiffs for absence of E D Dickenson, a witness.
**Victor F Wilson vs 222 Benj F Ball et al**
Continued by consent.
**W L Catherwood et al vs 239 Juluis Busch**
Continued by consent.
**Samuel S Douglass et al vs 300 William Bradley**
Continued.
**Samuel S Douglass et al vs 301 William Bradley et al**
Continued.
**Robert R Levick vs 238 Thomas Richards**
Order of Publication.
On motion of the plaintiff, by his attorney, it is ordered by the Court that the defendant be notified that a civel action has been commenced against him for the sum of five hundred and thirty dollars on account of a promissory note executed and delivered to the plaintiff by the defendant 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 last Monday of September next, and on or before the sixth 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 Republican, a newspaper printed and published in the City of St Louis. And this cause stands continued to the next term of this Court.
**Hiram Fate et al vs 231 Joshua W Owings**
Continued by consent at the defendants costs.
**John Goodfellow et al vs 525 William C Jamison et al**
Thomas E Courteny, Sheriff, files his report of Sale herein.
**Margaret Gritten vs 302 George W Gritten**
Continued.
**George Scott vs 288 James W Hookev et al**
Continued.
**Eliza Walker vs 262 William Walker**
Continued.
**Thomas J Gorgdon vs 246 Michael Adams**
Continued.
**Reuben Loeb et al vs 94 Morris Cahn et al**
On motion of defendants, W P and L R Shryock, a dedimus is awarded them to the State of Indiana and also to the State of Kentucky.
**Thomas G Little vs George Harvey et al**
Depositions for defendants opened and filed.
W O Osborne vs L Lawrence: Depositions for defendants opened and filed.
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**Viewer Page 481** (rcdbook1859_29_0480.jpg)
> Handwritten Page Number on Record Book: 473
**Robert R Levick vs 823 Geo Cooper garns**
Continued.
**Charles Kirk vs 234 Hannah Kirk**
Continued.
**In the matter of the assignment of B G Thomas**
The assignee files his final report and application for discharge and also his vouchers.
**Daniel T Cleveland vs 291 Charlotte Lay**
Continued [at plaintiffs costs ?] on account of absence of plaintiffs counsel. Costs to abide result.
**John Christopher and Eben Richards Jr vs 303 William P Freeman and Charles P Shephard**
On Account.
Now come the parties, by their respective attorneys, and also come a Jury, to wit; J H Bergess, J H Logsden, J O Clark, John Harbert, J R Triplett, Joseph Crane, J R Dobyns, C R Bramel, George Nuticke, George D Hall, William B Turner and Conrad Schmit, twelve good and lawful men who being duly elected tried and sworn the issues herein joined well and truly to try the trail progresses but not being finished is laid over until to morrow.
**Antoine R M Nair et al vs 269 Michael Lott et al**
Now come again the parties, by their respective attorneys, and the trial progresses but not being finished is laid over until to morrow.
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**Viewer Page 482** (rcdbook1859_29_0481.jpg)
> Handwritten Page Number on Record Book: 474
Court met pursuant to adjournment. present as before.
**Mary Henessey vs 245 William Henessey**
Decree of Divorce.
Now comes the plaintiff, by her attorney, but the defendant, although duly called still makes default; and the Court proceeds to hear the proof and having duly heard and considered the same and being satisfied therefrom that the plaintiff is a person of good moral character and an innocent and injured party; It doth order consider 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 her maiden name of Mary Hayden, be restored and be hereafter taken as her only true and lawful name. And it is also ordered that the plaintiff pay the costs of this suit and that execution issue therefor.
**Samuel S Douglass et al vs 300 William Bradley et al**
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered by the Court that this cause be dismissed at their costs and that execution issue therefor. By leave of Court plaintiffs withdraw from the files the note sued on and file a copy thereof.
**Samuel S Douglass et al vs 301. William Bradley et al**
Dismissal.
On motion of plaintiffs, by their attorney, it is ordered that this cause be dismissed at their costs and that execution issue therefor.
**Leaken D Baker and Robert McIlvaine vs 297 Thaddeus K Mills**
On Account.
Now come the plaintiffs, by their attorney, but the defendant, although duly called, still makes default; and the plaintiffs waiving a Jury submit the assessment of damages herein to the Court and the Court, having duly heard and considered the proof doth assess the plaintiffs damages at the sum of twenty two hundred and seventy one dollars and twenty seven cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid in form aforesaid as assessed and also their costs in this behalf expended and have execution therefor.
**Leaken D Baker and Robert McIlvaine vs 825. Joseph O Sawyer garnishee of Thaddeus K Mills**
Garnishment.
Now come the plaintiffs and the garnishee, by their respective attorneys, and the plaintiffs move the Court for judgment on the answer herein, and the Court, after due consideration, doth sustain the said motion; and the Court finds from the answer herein that the said garnishee is indebted to the defendant, Mills, in the sum of ten hundred and eighty one dollars and seventy cents. It is therefor considered by the Court that the plaintiffs recover of the said garnishee the debt aforesaid in form aforesaid as founded and have execution therefor, and that out of said sum they pay the costs of this proceeding as well as of the original suit. The sum of ten dollars is allowed said garnishee for answering.
J V Throop vs President Directors & Co of Bank of Louisville: . . . . Continued.
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**Viewer Page 483** (rcdbook1859_29_0482.jpg)
> Handwritten Page Number on Record Book: 475
**John Christopher and Eben Richards Jr vs 303. William P Freeman and Charles P Shephard**
On Account.
Now come again the parties, by their respective attorneys, and also the Jurors empannelled and sworn herein, and the trail progresses and being finished the Jurors aforesaid upon their oaths aforesaid say they find for the plaintiffs and assess their damages at the sum of Six hundred and eight dollars and thirty four cents: And it appearing to the Court that the defendants heretofore served upon the plaintiffs an offer to allow judgment to be renderd in this case in favor of the plaintiffs for the sum of Six hundred and eight dollars and thirty four cents, which was not accepted by the plaintiffs, It is therefore considered by the Court that the plaintiffs recover of the defendants the damages aforesaid in form aforesaid by the Jury assessed together with their costs herein expended up to the date of said offer of judgment, to wit; the 29th day of September, 1859, and have execution therefore, and that the defendants recover of the plaintiffs their costs herein expended since said date and have execution therefor.
**Robert S Eddy vs 49 Elizabeth Boylan**
Dismissal.
On motion of the plaintiff, by his attorney, it is ordered that this cause be dismissed at his costs and that execution issue therefor.
**Jacob Rhodes vs 383. William G Webb**
Defendant, by leave of Court, files an additional bill of particular herein.
**Joseph V Throop vs 828 The St Louis Perpetual Ins Co garns**
Continued.
**Joshua V Throof vs 831 S A Ranlett garns**
Continued.
**The Pacific Insurance Company vs 349 Dc Witt C Sanford, John W Spalding and Golitzen A Horrell**
On note.
Now come the plaintiff and the defendant, John W Spalding, by their respective attorneys, but the defendants, Dewitt C Sanford and Golitzen A Horrell, 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 this cause is submitted to the Court upon the pleadings exhibit and proofs and the Court having duly heard and consid ered the same doth find the issues joined between the plaintiff and defendant, John W Spalding, in favor of the plaintiff, and doth further find that the defendants are indebted to the plaintiff in the sum of Six hundred and forty seven dollars and ten 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 in this behalf expended and have execution therefor.
**James Long et al vs 472 Julia A Gordon et al**
Now come John S Penrice, Caldwell M Grath and Alice E McGrath, and, waiving the issue and service of process herein, enter their appearance as defendants herein and also file an answer to this action.
**William J Kountz et al vs 331 James Brannan et al**
Continued.
**Walter Cresson vs 352 Henry Bilstein et al**
Continued.
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**Viewer Page 484** (rcdbook1859_29_0483.jpg)
> Handwritten Page Number on Record Book: 476
**Oscar Tibbals, William H Tibbals and Bernard Travis vs 364 Owen J Rice**
On Account.
Now come the plaintiffs, by their attorney, but the defendant, although duly summoned and called, comes not but makes default, wherefore the petition herein is taken against him as confessed; and the plaintiffs waiving a Jury submit the assessment of damages herein to the Court and the Court, after hearing the proofs, doth assess the plaintiffs damages at the sum of three hundred and twenty eight dollars and forty 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 also their costs in this behalf expended and have execution therefor.
**Anne Hudson, by her next friend William Crosby. vs 86 William Hudson**
Order of Publication.
The plaintiff files a petition and also an affidavit from 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 her attorney, it is ordered 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 existing between plaintiff and defendant on the ground of desertion, and also to obtain an allowance of alimony, and that 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 last Monday of September next, and on or before the Sixth day thereof answer to the action aforesaid according to law, the plaintiffs petition will be taken against him as confessed. And it is further ordered that a copy here of be published, according to law, in the St Louis Express, a newspaper printed and published in the City of St Louis.
**Samuel S Douglass, James B Gazzam and James E Breeding vs 333. Alois Stieber**
On account.
Now at this day come the plaintiffs, by their attorneys, but the defendant, although duly called, comes not but still makes default, and the plaintiffs waiv ing a Jury submit the assessment of damages herein to the Court, and the Court having duly heard and considered the proof doth assess the plaintiffs damages, sustained by reason of the premises in the petition mentioned, at the sum of two hundred and seventeen dollars and thirty cents. It is therefore considered by the Court that the plaintiffs recover of the defendant the damages aforesaid in form aforesaid as assessed and also their costs herein expended and have execution therefor.
**David C Andrews vs 341 Ariadne Andrews**
Continued.
**Stephen Haskell et al vs 312 D R O Neil**
Continued.
**Antoine R M Nair et al vs 269 Michael Lott et al**
Now come again the parties, by their respective attorneys, and the defendants file a motion to compel the plaintiffs to elect, and the trial progresses and being finished the Court takes time to consider what judgment and decision shall be rendered in the premises.
**William B Scaife vs 173. James B Woods**
Satisfaction.
Comes James C Moody and files a power of attorney[from the defendant, ?] by virtue of the authority thereby confessed acknowl edges full and entire satisfaction of the judgment herein rendered.
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**Viewer Page 485** (rcdbook1859_29_0484.jpg)
> Handwritten Page Number on Record Book: 477
**Thomas G Little vs 354 George Harvey et al**
Continued as on affidavit at defendants costs.
**Maria Sinel vs 388 Beter Wegman**
Dismissal.
On motion of the plaintiff, by her attorney, it is ordered by the Court that this cause be dismissed at the plaintiffs costs and that execution issue therefor.
**Abejah Whiting vs 384 Jra H Stout**
By consent of parties this cause is continued.
**Charles J Norbury vs 365 John Holmes et al**
By consent of parties this cause is continued.
**George F Guenther vs 357 Maria Guenther**
This cause is continued to the next term of this Court.
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**Viewer Page 486** (rcdbook1859_29_0485.jpg)
> Handwritten Page Number on Record Book: 478
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> Handwritten Page Number on Record Book: 479
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> Handwritten Page Number on Record Book: 480
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> Handwritten Page Number on Record Book: 481
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> Handwritten Page Number on Record Book: 482
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> Handwritten Page Number on Record Book: 483
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> Handwritten Page Number on Record Book: 484
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> Handwritten Page Number on Record Book: 485
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> Handwritten Page Number on Record Book: 486
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> Handwritten Page Number on Record Book: 487
RECORD291859 TO1860 CIRCUIT COURT - Extent
- 495 pgs
St. Louis Circuit Court, “Circuit Court Record Book 29: 1859 to 1860”, 1859-1860, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/65818