vs
Benjamin L.E.Bonneville
Action of
in the
circuit Court
of the County of
Saint Louis ,
November Term
A.D. 1835
Action of Trespass on the case upon promises
County of Saint Louis , to
wit ss.
James Adams Plaintiff complains
of Benja
min L.E. Berneville of a plea of tres
pass on the case upon
promises for that
whereas the said defendant heretofore
to wit an
on the third day of septem-
ber in the year of
our Lord one thou-
sand eight hundred and thirty five
at
the county of Saint Louis was
in debted to the defendant in the sum
of five hundred Dollars of lawful
money of the United States for
work
labor and services before that time
done and
performed by the said
plaintiff for the said Defendant
and at his special
instance and
request and being so indebted he the said
defendant
in consideration thereof after
wards so wit on the day and year
last aforesaid at the county aforesaid
undertook and then and there
faithfully
promised the said plaintiff to pay him
the said last
mentioned sum of money
when he the said
Defendant should be
thereunto afterwards requested.
For that whereas also the said defendant
Heretofore to wit on the twenty
second day of February
in the year of Our Lord one
Thou
sand eight hundred and thiry two
to wit at the county of
Saint Louis
aforesaid,
made his certain agreement
in writing
(to wit by & through Rene
Powell his agent, to wit
the Defendants,
agent thereunto by him lawfully au
thorised)
bearing date the
day
and your aforesaid and thereby
then and there agreed to hire the
aforesaid plaintiff as a hand
to serve to wit to do
certain work labour and
services for him the said
Defendant about his
business
to wit the business of the said
Defendant for the space of
eighteen months to begin from the first
day of
March in the year of Our Lord
one thousand eight hundred thirty
two
and the said plaintiff did do
and perform all in
his part
to be done and performed by the
said contract untill
such
time
to with at the county of
Saint Louis when he was against his own will
and
duly discharged from
his said work labour and services
which he had untill then
per
formed and which he still
held himself ready to and desired
to and offered to perform and
do in
accordance with writ the contract
aforesaid by
a person by the defendant afore
said duly authorized to
discharge
him the said plaintiff as aforesaid
and the said
plaintiff being so
discharged as aforesaid was
sent home so
wit
at to wit the
county aforesaid and from the
time of plaintiffs
discharge as
aforesaid he hath
held himself
ready to do & perform every thing on
his part
to be done and performed
in accordance with said contract
and hath
desired and offered to
do the same to wit at the county
of Saint
Louis aforesaid,
And the
said Defendant by the
said contract promised to pay the
defendant certain moneys to the
said plaintiff to wit wages for
the
said eighteen months aforesaid at the
sale of
two hundred a year, the
said plaintiff having faithfully re
ramined in the service of the
defen-
dant during the eighteen
month aforesaid
to wit
at the court of aforesaid
such time as he was duly
discharged as aforesaid
which
money & the
de
fendant applied
at the counting
room of Rune Paul
the defendants agent
in
St. Louis on
the 2nd day of september
in
the year of our
Lord one thousand eight & thirty five
at the county of Saint Louis
there issued same
By means whereof and force
of
the statute in such case made and
provided the said defendant
then
& there became liable to pay to the said plaintiff the
said sums
of money in the said
contract
specified according to
the tenor and effect of the said
contract
and being so liable be the
said Defendant in con
sideration thereof
afterwards to wit
as the third day of september
and year of our Lord one thousand eight hundred & thirty
five aforesaid at
the county aforesaid undertook and
then and there faith fully promised
the said plaintiff to pay him
the
said sum of money in the said
in writing specified
to
wit the sum of three hundred Dollars
according to the tenor and
effect
thereof
And whereas also the said defendant
afterwards to wit on the third
day of september in the year of
our
Lord one thousand eight hun
dred and thirty five at the
county
aforesaid accounted with the
said plaintiff of and
concering
divers other sums of money from
the said
Defendant to the plaintiff
before that time due and owing
and then
in arrear and unpaid
and upon that account the said
defendant was
then and there found
so be in arrear and indebted
to the said
plaintiff in the farther
sum of three hundred
Dollars
of the lawful money, and being
so found
in arrear and indebted
as last aforesaid he the said defendant
in
consideration thereof afterwards
to wit on the same day and year
last aforesaid at the county aforesaid
undertook and then and there
faith
fully promised the said plaintiff
to pay him the said sum of
money
last mentioned, whenever after
wards he the said
defendant
should be thereunto requested
Nevertheless the said
defendant not
regarding his said several promises
and under
takings but
and fraudulently
intending
and to deceive and defraud
the said
plaintiff in this behalf
hath not as yet paid the said
serveral
sums of money or any
or either of them or any part
thereof, to
the siad plaintiff
although often requested so to
do and athough
he the said
defendant afterwards to wit on
the third day of September
in the year of Our Lord one
thou
sand eight hundred and thirty
five at the county
aforesaid
was requested by the plaintiff so
to do, but the
said defendant
to pay him the same hath hitherto
neglected and refused and
still
doth neglect and refuse to
wit to the damage of the said
plaintiff
of two thousand Dollars
and therefore he brings his suit
Primm & Mullanphy
atty for
Plaintiff-
County Of St. Louis , Sct.
State Of Missouri ,To the Sheriff of St. Louis CountyGreeting.
We command you to Attach Benjamin L. E.
Bonneville
by all and singular his lands and tenements,
goods, chattels, moneys, credits,
and effects, or so much thereof as shall be
sufficient to secure the
sum of Three Hundred dollars
with
interest and costs of suit, in whose
hands or possession soever the
same be found, in your bailiwick, that the said
Benjamin L. E. Bonneville
be and appear
at the next term of the Circuit Court , before the Judge thereof,
on the
first day of said term, to be holden at the city of St Louis , within
and for the county of St. Louis , on the second Monday of November
next
then and there to answer unto James
Adams
of a plea of trespass on the
case upon promises
to the damage of said plaintiff of Two thousand
dollars: And also that you
might summon all and every person, in whose
hands or possession soever,
any such lands, tenements, goods, chattels, moneys,
credits or effects
may be found, and particularly Peter Powell
and
Joseph Powell that they be and appear
before the judge of our said court, on the first day of the term
aforesaid,
then and there to answer unto what may be objected against
them; and have
you then there this writ.
Witness, Archibald Gamble , Clerk of our
said Circuit Court , at the
City of St. Louis , this Tenth
day of September in
the year of our Lord
one thousand eight hundred and thirty five Archibald Gamble Clerk
C.C.
Executed this writ by reading it and the declaration
to Peter Powell and Joseph Powell on the 10th Sept
1835 in the County of St Louis and Summoned them
as
Garnishee by declaring to them in the presence
of David Lamont who is a
creditable person of the
neighbor head that by virtue of this said
writ
I did attach in their hands all the lands
tenements goods
Chattets Monies Credits and
Effects of Benjamin of L E . Bonneville
the depts.
herein
J Brotherton Shff
by G Hammond
Depty Service 2.00
No 35 Saint Louis Circuit Court
November Term 1835 James Adams
vs Attachment
Benjamin L. E. Bonnevilee
Peter & Joseph Powell Garnishees
No 35
Saint Louis Circuit Court
November Term 1835
James Adams
vs
Bonneville
3 Counts
Damage $
2000
attachment
to be
Peter & Joseph Powell
to be garnisheed
Primm
& Mullanphy
for plaintiffs
Filed 10th September 1835 A Gamble Clk
The plaintiff is within action of assumpset
deposeth and sayeth that the
defendant in
within action is justly indebted to the said
plaintiff in a sum exceeding the sum of fifty
Dollars to wit in the sum
of three hundred
dollars that such deponent verity be
lieves
that said defendant is not a resident
of or residing within this state
and that he
has so absented himself from this state that
the
ordinaty process of law cannot be arved
on him.
Sworn to and subscribed before
me this >10th day of September 1835 Wilson Primm J.P. James Adams
vs
Benjaimin L.E.Bonneville
action of assumpsit
in the Saint
Louis
Circuit Court
Nov. Term A.D. 1835
The plaintiff aforesaid
comes and files according to the
such & provided following
Allegations and
interrogatorries Against Peter
Powell and Joseph Powell who have been sum
moned as granishees in this
case, namely
1. said plaintiff alleges that at the time
the said Peter Powell and
Joseph Powell
were summoned as garnishees in this suit they were
indebted to said defendant in the sum
of two thousand Dollars for
goods, wares
and merchandize, beaver, beaver traps fur
purchased by them of said
defendant before that time
2 Also that at the time said garnishees aforesaid were
summoned as such,
they were indebted
to the aforesaid Defendant Benjamin
L.E.Bonneville in the sum of two thousand
Dollars for land sold and
conveyed goods
wares and merchandize sold and delivered
& for notes, bonds, account & other
in action assigned by said defendant
aforesaid to the said garnishees.
3. Also that when said garnishees were sum
moned as such as aforesaid
they had in
their possession, custody or charge lands,
tenements, money goods, wares &
merchandize
fur , notes, Bonds, bills and accounts
belonging
to said Benjanin L.E.Bonneville
to a large amount and of
great value
to wit of the value of two thousand Dollars
4. Also that there has come to the hand
of said granishee, since they
were so
summoned as aforesaid money goods, chattles,
moneys,
credits, & effects of said defen
dant aforesaid of great value to
wit of
the value of two thousand Dollars
And the plaintiff
aforesaid prays
that said granishess aforesaid may
be compelled on
their oaths fully
to answer the above allegations and
particularly
& specially the following
Interrogatories
1.When summoned as garnishees in this
suit were you or either of you or
you or either of your with others indebted
to said Defendant done as to
said
Defendant with others for goods wares
and merchandize,
fur, beaverbeaver
traps
& other matters in
the purchased by
as either of you or you or either of you
with others
you from above named defendant
alone or with
others
in the sum of Two thousand Dollars
if not in the sum stated
how much
did you or either of you or you or either of you with others
owe him alone or him with others
2.when summoned as granishes as aforesaid
were not you or either of you
or you or either of your with others indebted
to the said defendant or
to the said
defendant with others as stated in
the second
allegation if not so indebted
how were you indebted and in what
sum?
3. When summoned as such garnishes
is aforsaid were or either indebted
to the above defendant or to
the above
defendant with others or had not you
or either of you or
you or either of you
with others in the possession custody or
charge of
you or either of you or you or either of
you with others the land property & effects
of said defendant or
of said defendant
with other as mentioned in the fourth
allegation?
Please State particularly what property
you or of you or you
or either of you with others
then
had in the possession, coustody or charge
of you or either or
of you or either
of you with others belonging to
the said
defendant or to the said
defendant with others,
specifying to whom said property
& effects belonged & the value thereof
4. Has there not come into the possession
custody or charge of you or
either of you
or you or either of you with others since
you were
summoned as such garnishees
goods,
chattels, moneys, credits & effects
of said Defendant or of said
defendant
with others as stated in the fourth
allegation
aforesaid- ?
please state particularly specify &describe
what pro
perty or effects of the above defendant
or of the above
Defendant with others
have come into the possession custody or charge
of you
or either of you or you or either of
you with others,
adding the name of
the person to whom the same belongs
and the
value thereof, to wit of each
item, ?
The plaintiff above named prays that the said
garnishees may be ordered
fully to
answer the foregoing allegations. &
interrogatories
on or before the third day
of the next term of this court
Primm & Mullanphy attys for plaintiff
No 35
Nov Term 1835
In the Circuit Court of the
County of Saint Louis
Nov. Term A.D. 1835
action of assumpsit
James Adams
vs
Benjamin L.E.Bonneville
Garnishees
Peter Powell
Joseph Powell
Allegations & interrogatories
filed Nov 11th 1835A G Clk
order of pub Book 7-- 457
clerk Gamble fee
$ 1-38 3/4
on 226
March Term 1836
James Adams
vs
B. L.E.Bonneville
plff
Francis Corella
David Solomon &
Gilbert Solomon 9th march 1836.
Executed this writ by Reading it to
Francis Corella on the 26th day of March
1836 in the county of st
Louis David
Solomon & Gilbert Solomon not found
in my
county
Service502 nonest2575
James Brotherton Shff
By M Brotherton D Shff
County of St. Louis , sct.
State of missouri,To the Sheriff of St. Louis County-Greeting.
You are hereby commanded to summon
Francis Corella & David Solomon
& Gilbert
Solomon
that setting aside all manner of excuse and delay, they be and appear in
proper person
before the Judge of our Circuit Court , on the Fifth day of april
next
at the city of St. Louis , then and there to TESTIFY
and the truth to say in a certain matter of controversy now pending in our
said Court,
wherein James Adams is
plaintiff and B. L.E.Bonneville
is defendant on the part of the
plaintiff and have you then and there this
writ.
Witness, John Ruland , Clerk of our said Circuit Court , at the
City
of St. Louis , this ninth day of March
in the
year of our Lord one thousand eight hundred and thirty six Jn. Ruland Clerk
C.C.
vs
Benjamin L E Bonneville
Saint Louis Circuit Court
March Term A D 1836State of Missouri
County of St Louis
ss
Joseph Powell summoned as Garni
shee with Peter Powell to answer
allegations and Interrogations filed
and
exhibited in the above entitled cause according to and by virtue
of the Statute in such case made and provided first being duly
Sworn
makes the following Statements on oath for answer :
For answer to the
first allegation: he says that, at the time the siad
Peter Powell and
Joseph Powell were summoned as garnishees in this suit
they were
not in debted to said Defendant Benjamin L E Bonneville in
the
sum of two thousand dollars for goodswaresand
merchandize
beaver, beavertraps,
fur and other matters purchased by them of
said defendant before that
time.
For answer to the second allegation; he says, that at
the time
said Garnishees aforesaid were summoned as such, they were
not
indebted to the aforesaid defendant Benjamin L E
Bonneville
in the sum of two thousand dollars for land sold and
conveyed, goods
wares
and merchandise so to and delivered &
for notes bonds
accounts and other in action assigned by said defendant
aforesiad to the said
garnishees.
For answer to the third allegation;- he says, that when
said Garnishees
were summoned as such as aforesaid they had
not in their possession
custody or charge lands tenements,
money, goods, wares
& merchandise, fur & beaver notes
bonds
bills and accounts belonging
to said Benjamin L.E. Bonneville
to a large
amount & of great value, to wit, of the value of two
thousand
dollars.
For answer to the Fourth Allegation;- he says, that there
had not
come to the hands of said Garnishees since they were
so summoned as
aforesaid moneys, goods, chattels credits and
effects of
the said defendant aforesaid of great value, to wit of the
value of two
thousand dollars. And the above named Joseph
Powell
according to the tenour of the said plaintiff's
prayer makes
the above statements
under Oath in answer to the
allegations
filed & exhibited in the above entitled suit.- And
for answer to the
several Interrogatories which the siad plaintiff
prays the said
Garnishees aforesaid may be on their oaths fully to an
swer, the said Joseph
Powell makes the following further statements
under oath.
For answer to the first interrogatory; he says when sum
moned as
Garnishees in this suit neither was he the said Jospeh
Powell , nor were
the said Peter Powell and Joseph Powell , nor was either
of them as far
as he knows alone or with others indebted to the
said
Defendant alone or to the said defendant with others. for goods
wares
and merchandise fur, beaverbeaver
traps and others matters pur
chased by him the said Joseph Powell or by
them the said Peter
Powell and Joseph Powell , or as far he knows either
of them alone
or with others from the above named Defendant alone or
said defendant with
others in the sum of two
thousand dollars, nor did he or they or as far
as he knows either of
them alone or with others owe the said defendant
alone or
the said Defendant with others any sum or account whatsoever.
For answer to the second Interrogatory he says
thatwhensum
moned as Garnishees as aforesaid neitherwas he
the said Joseph Powell .
nor were they the said Peter Powell &
Joseph Powell nor as far as he knows
was either of
them alone or with others indebted to the said Defendant
or to the said
Defendant with others as stated in the second allegation
of the said
plaintiff; nor in any other manner or way, nor by any
other means was
he, or they, or as far as he knows, either of them
indebted alone
or with others to the said defendant alone or with
others in any sum or
amount whatsoever.
For answer to the Third Interrogatory; he says that when
summoned as
such garnishees as aforesaid neither was he the
said
Joseph Powell nor were they the said Peter Powell and Joseph Powell ,
nor, as far as he knows was
either of them alone or with others indebtedto the above de
fendant
or to the above defendant with others; that neither had
he the said
Joseph Powell nor they the said Peter Powell and
Joseph
Powell nor, as far as he knows either of then alone
or with others
in the possession custody or charge of him the said
Joseph Powell
or them the said Peter Powell and Joseph Powell or as far as he
knows either of them alone or
with others the land property or effects
of
said Defendant or of said defendant with others as mentioned in the
fourth alligation said plaintiff... And the said Joseph Powell also
sataes; that neither had be nor the siad Peter Powell & Joseph
Powell
nor as far he knows either of them alone or with others any
property or effects whatsoever in the possession custody or charge of
him, them, or as far as he knows either of them alone or with others
belonging to the said defendant or to the said Defendant with others at
the time mentioned in the said
Interrogatory.
For answer to the Fourth Interrogatory; he says that there has
not come
into the possession custody or charge of him the said Joseph
Powell ,
nor them the said Peter Powell and Joseph Powell nor as far as
he knows either of them alone or with others
since they were summoned
as such Garnishees goods chattels moneys
credits and effects of said
Defendant or of said defendant with others
as stated in the Plaintiffs
fourth
allegation aforesaid. And the said Joseph Powell says;
that
no property or effects of the above defendant or of the above
defendant
with others have come into the passession, custody or charge
of the
said Joseph Powell or the said Peter Powell & Joseph
Powell or as far as
he knows either of them alone or with others and
therefore he is unable,
as he is frequently requested in the said
plaintiffs Interrogations "Par
ticularly to specify & describe"
any property or effects or "to add the
name of
the person to whom the same belong" or "the value
thereof,
to with in value of each item"
The above an the answers under Oath which the said Joseph
Powell
summoned as one of the Garnishees in the above entitled cause,
begsleave to
be permitted to put in to the said plaintiffs several alle
gations
& Intrrogations according to the tenour of the said plaintiff's
prayer and of the Staute in that behalf made & provided which said
answers
& statements are as position full & satisfactory with the
nature of the case & circumstances may be possible.
Sworn to and subscribed before
me this 16th day of March A D 1836 Justice Jos Powell
John Adams
vs
Benjamin L.E Bonneville
Answer of Joseph Powell , Garnishees
Filed 16th March 1835 John Ruland Clerk
State of Missouri
County of St Louis Saint Louis Circuit Court
March Term AD 1836
vs
Benjamin L E Bonneville
ss
Peter Powell summoned
as garnishee with Joseph Powell to answer
allegations and
interrogatories filed & exhibited in the
above entitled cause according
to & by
virtue of the statute in such case made & provided first
being
duly sworn for answer makes the following statements
on oath:
For answer to the First allegation; he says that at
the time the said
Peter Powell and Joseph Powell were summoned
as garnishees in this suit
they were not indebted to said Defend
ant Benjamin L E Bonneville in
the sum of two thousand
dollars for goods wares, merchendise, beaver
beaver traps, fur &
other matters purchased by then of said
defendant before that
time
For answer to the second allegation, he says that at the
time said
garnishees aforesaid were summoned as such they were
not indebted to
the aforesaid defendant Benjamin L E Bonneville
in the sum of two
thousand dollars for land sold and
goods wares & merchandise sold and for notes,
bonds accounts & other
in action assigned by said
De
fendant aforesaid to the said garnishees.
For answer to the Third allegation, he says that when
said garnishees
were summoned as such as aforesaid they had
not in their possession
custody or charge lands tentaments
money, goods, wares and merchandise
fur and beaver, notes, bonds
bills and accounts belonging to said
Benjamin L . E . Bonneville ,
to a large amount and
of great value, to wit of the value of two
thousand dollars.
For answer to the Fourth allegation; he says that there have
not come to
the hands of said garnishees since they were so summoned
as aforesaid
moneys goods chattles, credits and effects of
of the said Defendant
aforesaid of great value; to wit of the value of
two thousand dollars
And the above named Peter Powell accord
ing to the tenour of the said
plaintiff's prayer makes the above state
ments under oath in answer to
the allegations filed & exhibited in the
above entitled suit And for answer to the
several Interragatories
which the said
plaintiff prays the said garnishees aforesaid may be
compelled on their
oaths fully to answer the said Peter Powell makes
the following further
statements under oath
For answer to the first Interrogatory he says that when
sum
moned as garnishees in this suit neither was he the said Peter Powell
nor were the said Peter Powell and Joseph Powell nor was either
of them
as for as he knows alone or with others indebted to the said
defendant
alone or to the said defendant with others for goods wares andmerchan
dise,
fur beaver and beaver traps and other matters purchased by him the
said
Peter Powell or by them the said Peter , Powel and Joseph Powel
or as
far as he knows either of them alone or with others from the
above
named defendant alone, or said defendant with others, in the
sum of two
thousand dollars; nor did he or they or as far as he knows
either of them
alone or with others, owe the said defendant alone,
or
the said defendant with others any sum or amount whatosever
For answer to the second Interrogatory; he says that when
summoned as
garnishees as afresaid neither was he
the said
Peter Powell nor were they the said Peter Powell and Joseph
Powell
nor as far as he knows was either of them alone or with others
in
debted to the said Defendant or to the said Defendent with
others
as stated in the second allegation of the said plaintiff; nor in
any
other manner or way nor by any other means
was he or they or as far
as he knows either of them alone or with
others indebted to the said
Defendant alone or with others in any sum
or amount whatsover
For answer to the Third Interrogatory: he says that when
summoned as
such garnishees as aforesaid neither was
he the
said Peter Powell , nor were they the said Peter Powell and
Joseph
Powell nor as for as he knows was either of them alone or
with
others indebted to the above defendant or to the above
defendant
with others; that neither had he the said Peter Powel nor
they
the said Peter Powell and Joseph Powell nor as far as he knows
either of
them alone or with others in the possessioncustody
or charge of him
the said Peter Powell or them the said Peter Powell
and Joseph Powell , or,
as far as he knows either of them, alone or with
others, the land, property
or effects of said Defendant, or of said
Defendant with others as mentioned
in the Fourth allegaiton of said
plaintiff: and the said Peter Powell
also states that neither had he
nor the said Peter Powell and Joseph
Powell , nor, as far as he knows
either of them, alone or with others any
property or effects whatsoever
in the possession custody or charge of
him them
or as for as he knows either of them, alone or with others, be
longing
to the said Defendnat, or to the said defendant with others at the
time
mentioned in the said Third Interrogatory.
For answer to the fourth Interrogatory; he says, that there have
not
come into the possession, custody or charge of him the said
Peter Powell , nor them the said Peter Powell and Joseph Powell , nor, as
far
us he knows either of them alone or with others since they were
sum
moned as such garnishees goods, chattels, moneys,
executed and effects
of said Defendant or of said Defendant with others
as stated in th4e plain
tiffs fourth allegation aforesaid. And the said
Peter Powell says; that
no property or effects of the above Defendant,
or of the above defendant
with others have come into the possession,
custody or charge of the said
Peter Powell or the said Peter Powell and
Joseph Powell or, as far as he
knows either of them, alone or with
others, and therefore he is unable as
he is frequently requested in the
said plaintiff's interragatories, "particu
larly
to specify and describe" any property or effects, or "to add the name
of the person to whom the same belong," or, "the value thereof to wit
the value of each item."
The above are the matters and answers under oath which the said
Peter Powell summoned as one of the garnishees in the above
entitled
cause by leave to be permitted to put in to the said
plaintiff's several
allegations and Interrogatories according to the
tenour of the said plain
tiff's prayer and of the statute in that behalf
made and provided
which said answers, statements & matters are
as full positive and
satisfactory as in the nature of the case and
circumstatnces may be
possible.
Sworn & Subscribed before
me this 26th day of Feby 1836 William Peter Powell
Philadelphia County SS
I Richard
of the court of Common Pleas
for
the City & County of Philadelphia
Do
Herebycertify
that William Milnor Esquire
is an Alderman for
the City of Philadelphia
Ex officer a Justice of the
Peace duly Commissioned
and Justified and that full faith
is Justly due to all her
acts
as
In Witness Whereof I have
hereunto Set
my hand and
affixed the seal of said Court
the 26 day of Feby A D 1836
No 35 November Term 1835
James Adams
vs
Benj . L. E. Bonneville
Answer of Peter Powell Garnishee
Filed 10th March 1836 John Ruland Clerk
St. Louis Cir. Court Nov Term 1836
attachment
Adams
vs
Benjamin L.E.Bonneville
publication of notice to Deft signed by
Clerk A
Gamble Esqre. published in Mo.Repub 4
weeks
publication comd23d Jany 1836 end 13th Feby. 1836
costs of publication$ 3 25/100 Recd same of Bryan
Mullanphy
Charles
By
in which these
would probably involve the commit-
Pre
yet, if the Senate thought the the
nic
oper
direction, he was ready tounder-aw
ke it,
and they shall be subjected to the whi
ctest
scrutiny. They cannot be passed Co
thout
legislative action, and none of the
Filed in open Court March
17. 1836
Jn. Ruland Clk
vs.
Benjamin L.E.Bonneville .
St. Louis Circuit Court
>November Term, 1835
On motion of the plaintiff by his attorney , It is ordered
that the said
Benjamin L.E.Bonneville be notified
that an action of assumpsit,
damages two thousand dollars,
has been commenced against him by
the said Jas. Adams -
that a write of attachment has issued against his
estate, and
that unless he be and appear at the next March Term of
this court, and plead to the action aforesaid, according to
law, a
judgment will be entered Against him, and his estate
sold so
satisfy the same; and it is further ordered, that
a copy of this order
be inserted for four weeks succes
sively, in some newspaper published in
the city of St .
Louis , and at least twenty days before the nest March
term
of this court. - A true copy of the order,
Jan 16
Archibald Gamble , Clerk.
State Of Missouri ,
County Of St. Louis .
Personally appeared before the undersigned, a Justice of the Peace, within
and for the county afore
said, Edward Charles , who being duly sworn,
deposeth and saith, that the annex
ed advertisement was published in the
Missouri Republican, the newspaper of which he is printer, for
four weeks, successively, the first insertion
being on the twenty
three day
of January,
1836, and the last insertion
on the thirteenth
(13th) day of
february, 1836,-- as follows, To Wit: In No. 21 ,January 23d ; in No. 30,January 30 ; in No. 31, February 6th ; in No. 32 , February
13; in No , ; in No , ; in No , '
in No , ; in No. , ;
Sworn to and subscribed before me, this
>16th day of March 1836 J.P. Edwd Charles
Adams
vs
Bonneville
attachment
Replication to answer
of garnishee Peter Powell
filed april 27th 1836 John Ruland Clerk
Circuit Court of the County of Saint Louis
March Term A. D. 1836
Between James Adams plaintiff
vs Peter Powell Garnishee in an attachment
suit of
of
assumpsit wherein above James Adams is
plaintiff
& Benjamin L.E. Bonneville is Defendant
The replication Between
of James Adams Pltff to the
Answer (to the
Allegations & inter
rogatories in this
suit
) of Peter Powell , garnishee
This reppliant, saving & reserving to
him
self all and all manner of advantage
of exception to the
manifold insufficiencies
of the said answer, for replication there
unto sayeth that he will aver & prove
his said Bill &allegationsinterrogatories to be true certain
and
sufficient in the law to be answered unto
and that the said
answer of the garnishee
is uncertain untrue
and unsufficient
to be replied unto by this repliant, without
that, that any other matter or thing whtat
soever in the said answer contained
material
or effecient in the law to be
replied unto, confefred and avoided
traversed on denied is true; all
which
matters & things this repliant is & will
be
ready to aver & prove as this
honoura
ble Court shall direct and humbly prays
James Adams by his atty
Bryan Mullanphy
Adams
vs
Bonneville
attachments
Replication to
answer
of garnishe Joseph
Powell
filed april 27th 1836 John Ruland
Circuit Court of the County of Saint Louis
March Term A D. 1836
Between James Adams Pltff vs Joseph Powell garnishee
in an attachment suit of
aforesaid wherein
above James Adams
is plaintiff & Benjamin
L. E. Bonneville is
defendant
The replication of James Adams Pltff to
the answer (to the
allegations & interogations
in this Suit) of Joseph Powell Garnishee
This repliant saving & reserving to himself all &
all
manner of advantage of to
the manifold
insufficiencies of the
said answer for replication
thereuntosayeth
that he will aver & prove
his said Bill
or Allegations & interrogatories to be true
cer
tain & sufficient in the Court to be answered
unto and
that the said answer of the
said garnishee is uncertain untrue
& in
sufficient to the replied unto by this repliant
without that
, that any other matter or
thing whatsoever in the said answer con
tained material or effectual in the law to
be
replied unto, confessed & avoided traversed
or denied is true; all
which matters & things
this repliant is & will be ready
to aver
& prove as this honourable Court shall
&
humbly prays &c
James Adams by his
atty Bryan Mullanphy
Executed this writ by reading to Francis Corella
& David Solomon on
the 1st day of July 1836 in the
county
of St Louis & Gilbert Solomon
not found in
my county of
Service$1.0012 1/21.12 1/2
James Brotherton Sheriff
by Louis
Deputy
July Term 1836,
James Adams
vs
B. L. E. Bonneville
Plff
Francis Corella
David Solomon
Gilbert Solomon 21 July.
County of St. Louis , sct.
State of Missouri ,To the Sheriff of St. Louis County-Greeting.
You are hereby commanded to summon
Francis Corella , David Solomon &
Gilbert Solomon that setting aside
all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit Court , on the 21st July next.
at the city of
St. Louis , then and there to Testify
and the truth to say in a certain
matter of controversy now pending in our said Court,
wherein James Adams
is plaintiff and B. L. E.
Bonneville
is defendant on the part of the
plaintiff and have you
then and there this writ.
Witness, John Ruland , Clerk of our said Circuit Court ,
at the
City of St. Louis , this 29th day of June
in the year of our Lord one thousand eight hundred
and thirty six. Jn Ruland Clerk
C.C.