State of Missouri
Circuit, Third Judicial Circuit,March
Term 1831
To, the Honorable William C Carr , Judge
of said
Court In
Chaning Setting
Your complainant William , St Clair ,
who saw in
behalf of himself and
Battimore, a man of color
John Stillwill John Cotton,
John Moore, Brandy a man of
color Joseph,
Davis John Morgan Alexander
Badger, King
Chris Williamson Charles
William, a man of color
William Macky &
William Cassel,
of Judgement of
William Garrard James G
Cear
& William ,,
Clark
represents unto your honor that
that,
the above
named, judgement
material men employed, on board, of the Steam,
Boat
now, called the Stranger previous, to the
sale
of said
boat, as herein after mentioned that
said
Garrard &
Clark, when the named
creditors were employed were
owners, of said
boat,
that said Clark was
during, a part of
the time, said
creditors were employed
on,
said Boat, master thereof
&
employed, said
creditors, your orator, says that
judgements as
follows
&, to the following, amounts have been
atained by the following persons at the times herin,
after stated against said Garrard & Clare ,
for Senders an board of said Boat
Gistauve,
A Bird a justice, of the
Peace in
& for, St Louis County Missouri
namely, the judgements
mentioned
in the
transcripts from the docket, of said Justice
marked, A.
which is
part of this bill.
Said complainant also
says, that the following
Judgements were
recorded, against said Clark
before,
said
Justice,
as mentioned in the
transcript,
of said Justice hereafter as
heretofor, Marked B no
made
part, of this Bill and your complamant says that
all of the
a Judgements remain
in full
force, unpaid, unsecured
& wholly unsatisfied &
that, all of said
Judgements were were
secured, for wages due for servies
rendered on
said
Boat, your
complainant,
says that a
short time
before, said
Judgements were
secured, as aforesaid, said
William Clark , sent sent out, from the St Louis
Circuit, court an attachment against the
Lands
& tenements goods
chattels wages credis & effects, of
said Garrard &
Clare by virtue, of
which,
said Steam Boat
was, attached had said said boat, in possession was, summoned
as in said suit, by attachment,
and
complainant, says
that such had in this court
at the last July
term, that on motion,
of said Clark, said
boat was
ordered, to be sold as perishable property,
by the
Sheriff, of said county some time last summer,
or fall &
brought, your complainant $1500, dollars
Which,
is in the hands of the said
Sheriff or will be, and subject, to the future
and of
this, court of the said,
complainant
says that of said
Clark, had
not made an affidavit
which, the acts, of his case would not
justify, to procure, the
said
attachment, to issue, that said attachment
could not have
been legally issued your
complainant alledges that said
affidavit is
false, in this that
it,
alledges, that the owners
of, said
steam boat said Garrard
& Clare
to said
Clark,
in the
sum, of fifteen hundred dollars
when he knew
that, said owners did, not owe,
him to and when,
he that to make up said sum of,
$1500 he
included the
sum, of about $ 500, due
said Judgement creditors
from, the owners, of
said boat, which
said
Clark, as master deemed
himself liable,
to pay he
paid said Clark stated, in substance,
in said
affidavit that
that,he had reason, to
believe,
that the defendants in the attachment were about to
remove their effects out, of the state,
of Missouri when he well
knew that all,
said defendants, had no other
effects, in
Missouri
except, said steam boat said subject to said attachment &
to him said Clark himself, had possession,
of said
boat,
as master & held it, by
virtue, of a mortgage
from, the owners with,
full
power, to contract
& dispose,
of said
boat, to pay said mortgage
& what was
due, him &, the boat, hands for
services
rendered, on said Boat
your complainant, says that when, said boat was sold, said Garrard, & Clare were, the sale owners, of
said
Boat, your complainant says that in
the month
of April 1830 at the instant,
of Harnbrook
two, attachments were,
sent out one, in
favor, of said Harnbrook against, said Clare , to
secure, about,
$300
alledged, to be due, said Harnbrook,
by
note
another, in favor, of said Clare ,
for
the use of said
Harnbrook, against said Garrard
& Carrel
on, an account alledged, to be due
from,
the defendants, in the attachment,
to said Clare ,
for services rendered, on
said boat which account was
assigned, by said Clare , to said
Harnbrook, to secure, the payment of the said
note of
about, $300 on which, an
attachment
had
issued, as aforesaid,, and your complainant
alledges that
these, a
on the statement made on oath that, the defendants,
to remove their effects, of
the state of Missouri whe in
fact the
affiants well know that
defendants, had no
effects, in
Missouri
subject, to said attachements
except,
said steam boat which
affiants know, had
been
already, attached at the suit, of said Clark
& others
& was, in the custody, of the Law & could not be
removed, your complements says
said
William
Clark , is a non
resident of
Missouri & that, the above, Judgement
creditors have no
means, of securing the, said
the costs but, by has or, shall come, to the hands of said
Sheriff from the
sale, of said boat, to the payment
of the Judgements
against, said Clark, &
costs,
your complainant
alledges, that said Garrard, &
Clare ,
are as such
they made out & delivered, to
the late
sheriff,
of St , Louis county,
among their
things, a list, of
there creditors,
in
which, they acknowledge, to
our William
Clark , $1500 where, complainant
says that a
few days before making
making out, said
list of
creditors, said Garrard & Clark & Clare
, the understand to make an arrangement by which said
boat could be released from Clarks attachment & it ws
then admitted by said
Garrard Clark & Clare that the
sum due
said Clark from said Garrard & Clare
was eight, hundred dollars or thereabouts
your, complainant says that said Judgement
creditors have
endeavored, by legal means, to
inform the payment of the
above, Judgements
but have entirely
failed, the exceptions were
issued,
on each of said Judgements against, said
Clark,
& for
want, of goods & chattels, to
be,
found to satisfy, said the
body, of said
Clark was taken &
committed, to the gaol,
of St Louis County
& that John Stillwell
one of,
said
creditors, has has paid six dollars,
for
jail
fees, for said creditors that, your
orator,
has been
compelled, to pay eight dollars,
for
the same
purpose, & that said creditors
being
unwilling, to pay any more fees &, said
Clark being
unable, to do so was discharged from jail,.
your complainants say that
both,
said Garrard
& Clare accountable, to
said,
judgement
creditors, for the amount of the said,
Judgements recovered
against, said Clark as
aforesaid,. and your complainant says,
that
in
convergence, of said attachments, this
wrongfully
& illegally obtained said creditors,
have
from
securing, these Judgments aforesaid, &
make,
said Garrard & Clare & Clark
& Harnbrook &,
John K Walker
defendants, to this
Bill in
consideration, of the promises, your complainant
prays, the interposition, of this court
that said attachment may be or all
in such manner, as
the
court, shall direct, that said
defendants,
may be compelled, to fully
answer, an oath, all
the allegations,
of this bill that the said
John K Walker ,
shall be to payto, your
orator,
and said creditors, the
amount of has to these
Judgements as aforesaid &,
all costs your orator
prays, the writ, of subpoena & such further &
other relief, as he, may be
in equity & good conscience your orator will
ever, pray
May 5th 1830
warrant 18 3/4
affidavit, 39 1/2
judgement, 39 1/2
Constable fees, 50
Ex,5 May 1830 25
returned with James G Lcare
& William Garrard in custody,
& the defendants
confessed, they owed, the
plaintiff forty eight
dollars & seventy five cents,
for which amount I gie
judgement against,
the defendants
taken, with costs,
vs
James G Clare
William Garrard who,
May 5th 1830 issued a warrant
it was
same day returned
with, the defendants first
named in
custody who confessed, the plaintiffs demand therefore it
is
considered that the plaintiff have &
recieve,
of the defendants seventy dollars twenty five cents
& costs,
affidavit, 341/2
warrant, 189/4
judgt, 391/2
constibles fees, 50
Ex, & 5 May 1830 25
May 5th 1830
as
vs
James G Clare and William Garrard impleaded
with,
May 5th 1830 issued a warrant was
same, day with the defendants first named in custody who confessed
plaintiffs demand it is therefore considered,
that the
plaintiffs have &
recover, of the defendants, the demand confessed which is
$ 18 & the cots,5 may 1830 to the as 95
warrant & affidavit, 56 1/4
judgt, 34 1/2
constables fees, 50
vs
James G Clare & William
Garrard impleaded with Edward Carrel,
May 5th 1830 issued a
warrant,
it was same day returned
with,
the two first named defendants,
in
custody who confessed
plaintiffs demand, to $21, 25 therefor is is considered
that, the plaintiff have & recover
of, the defendants, $21 25 &
costs,
May 5 1830 4th as
affidavit & warrant 56 3/4
judgment 37 1/2,
constables fees, 50
vs
James G Clare & William Garrard
impleaded with Edward Carrel,
May 5th 1830 issued a warrrant it
was same, day returned with,
the
two first named
defendants in custody who confessed plaintiffs demand
to, $24, 55 therefore it is considered that, the
plaintiff have and recover
of the defendants, $24, & costs,5 may 1830 75 4 June 1830 as
Affidavit & warrant 56 2/9,
judgment, 39 1/2
constables fees, 50
I certify, the above to be a, full transcript from my basket, of the proceedings in each of, the foregoing cases,
of the peace,
vs
James G Clare &
Edward Garrard impleaded
with Edward Carrel,
May 8th 1830 issued a warrant it was
same, day returned with defend
ants first named in
custody, and the
defendants
confessed, they owed, the plaintiff seventy nine
dollars,
affidavit, 37 1/2
warrant & subpoena, 39 1/2
oath & judgt, 48 3/4
Ex,8th may 1830 25
June 1830
constables fees, 50
that the of
is the his by the of $1, 50
vs
James G Clare &
William Garrard,
judgt, 37 1/2
Ex,8 may 1830 25
8 25
may 8th 1830 that they owed the plaintiff seventy six dollars sixty
two & third cents it, is therefore
considered, that the
plaintiff
recover, of said defendants, the
sum so confessed
& costs, of have by for $1,50
vs
William G Clare &
William Garrard,
Judgt, 37 1/2
Ex,8th May 1830 25
alias & sum,8th June 1830 25
May 8th 1830 the parties come before me
without process &, the said defendants
confessed, that they owed the plaintiff
the sum of, $96, 62 1/3
it,
is therefore
considered, that the plaintiff
recover,
of the defendants so confessed &
costs,
by
$150
James G Clare &
William Garrard,
May 8th 1830 the parties appeared
before,
me & the defendants confessed,
they owed, the
plaintiffs $
60, 98
therefor it is, considered that the
plaintiff, have & recover of the
defendants the sum confessed &
costs,
returma nulla leuna
discharged under .
judgt, 39f
Ex 8 may 1830 25
alias 8 June 1830 25
James G Clare & William Garrard,
may 8th 1830 came the defendants
&
plaintiff, before me without, process
& defendants confessed that they owed
the plaintiff $60,
78,
therefore it is considered that the plaintiff
have
& recover of the defendants 60, 78
cents &
costs
judgt 37
Ex,8 May 1830 25
alias,8 June 1830 25
aleas Mulla lona lasts for $150
James G Clare &
William Garrard
May 8th 1830 parties appeared before
me
without, process &
defendants,
confessed they owed the
plaintiffs
$58, 12 therefore it is considered that
the plaintiffs
have &
recover, of the
defendants fifty eight
dollars 12 cents
& costs
judgt 34
Ex 8 may 1830 25
alias 8 June 1830 25
returned nulla Buna & defts committed & discharged,
under
for $150
James G Clare , William Garrard
May 8th 1830 the defendants came
before
me &
confessed, that they owed
the plaintiffs
fifty eight dollars 12
it, is
there
considered, that said plaintiffs
have,
& recover of said defendants said
Sum as confessed
& costs
alias returned, nulla bana
judgt 39
Ex 8 may 1830 25
alias 8 June 1830 25
No, 305
March Term, 1831
St
Louis Circuit Court In
Chancery,
William Garrard,
James Clare,
William Clark &,
John K Walker ,
Original, Bill in
Chancery, for
The Clerk of the
St Louis County
Court will please issue a
subpoena,
for filed 12th March 1831 A Gamble
Clk,
May 5th 1830 issued a warrant it
was, the same
day returned with, the
defendant, in custody,
& after
hearing, the
it is
considered,
that the plaintiff, have &
recover, of the
defendant, his debt, of Seventy six dollars,
& 13
cents, & costs,
affidavit 39,
warrant & subpoena 39 1/2,
oath & judgt 43 3/4,
constables fees 50,
Ex,5 may 1830 25 was
returned no goods or charrels, of
the
defendant found
&, for want thereof defendants body taken
& delivered in jail fees, 75
may 5th 1830 issued warrant it was same, day returned with the defendant in custody from, the
affidavit 39,
39 1/2,
oath & judgt 43 3/4,
that the that the plaintiff
of the
of the 75
may 5the 1830 day be the the the
of the of the 50 no
of the his to 75
5th May 1830 25
vs
Clark
May 5th 1830
same day returned
in custady - on the of the
that the plaintiff
of the
Dollars fifty cents &
5th May 1830 25
-50- returned
of
the his body
to for
vs
amblark
May 5th 1830
same day the defondent
in custody after hearing the
proofs
of the that the
plantiff have procedure of the defendant
costs returned 16
units of costs
affidavit 39 1/2
39 1/2
43 3/5
5 May 1830 25
fees 50
vs
black
May 5th 1830 a it was
same day returned with the depondant
in custody after hearing the
it
is considered that the plantiff of
the depondent thirty Dollars
three units
affidavit 39 1/2
39 1/2
43 2/A
5 May 1830 25
50
vs
Clark
May 6th 1830 appeared a
chales same day returned the
depondant in custody after hearing
the
is that the
plaintiff of the depondant
dollar fifty costs
expenditure
returned
of lefts founded
his
to 75 units
affidavit 39 1/2
25
39 1/2
25
fees 25
Vs
May 5th 1830 sameday returned
depondant in custody after
hearing the is
that the plaintiff have
of the depondant eight
this costs
returned costs
24 2/2/
25
29 1/2
fees 25
returned an of thereof his body common to said 75 units
vs
same day
-
the it is that the
52 75
37/2
25
37/2
25
25
I a a of the
Louis of to to
a full of the in of
the
march 12th 1831
County of Louis The State of Missouri To the of County
command you to James G . William
Clerk and John that they
be and appear before the judge of our
Circuit Court ,
sitting in , at
the next term thereof to
at the
City of Louis within and for the
County of Louis
on the monday of March then and there
to answer the of Complaint of William Clair who
for himself and behalf of the Judgment Creditors
of William
Garrard, James William
and then this
Clerk of
our said
Court at Office the twelth day
of March
eighteen hundred thirty one Archibald Gamble
this writ on John K Walker the
of march 1831 by reading the same to him and
the bill and exhibits that were
handed
the Clerk with said John
K Walker the other
Defendents not found John
No. 305 -
March term 1831
Louis Circuit
Court
and the of
vs
others
In
James John Service $1,00
filed April 3rd
1831
min by these presents that
gustauns a Bind john
are
held to firmly bound unto the
of
all when are on may be intitle a
to in a sent in Chanury wherein
william for himself of in of others is
of william clarth are defentants
in the st Louis cercuit court
of
the payment of white casts to any and
all who are a may be into the
the bind our in the panal
sum of one hundred ballars april 23rd 1831 the truss our hands