COURT CASES involving Jefferson County

COURT CASES involving Jefferson County, Missouri extracted from the Secretary of State - Missouri Judicial Records Database. For information about obtaining copies of the records from microfilm, please contact the Missouri State Archives Reference Room at (573) 751-3280

or E-mail archref@sos.mo.gov.

http://www.sos.mo.gov/archives/judiciary/allcourts/default.asp

Prepared for this website by Lisa K. Gendron

Title Supreme Court Case Files

Title Pipkin et al v. Allen et al

Contributor Appellant Allen, Ann R.

Appellant Allen, Thomas

Respondent Ripkin, Philip (Pipkin)

Respondent Beal, James A.

Judge Scott, William

Date Date Filed 1859

Term of Court 1859

Term Month October

Year of the Opinion 1859

Coverage County Jefferson

Description Proceedings Civil

Disposition Writ dismissed

Cause of Action Petition for Partition

Reference 29 Mo. 229

Case Summary Both the plaintiffs and defendants were tenants on 540 acres. This case was a petition to partition the land. The plaintiffs claimed 400 of the acres. The jury found for the plaintiffs for 325 acres. The high court dismissed the writ. The partition that was ordered was never made or confirmed.

Title Supreme Court Case Files

Title Applegate et al v. Smith et al

Contributor Appellant Applegate, Mary Ann

Appellant Schenck, America

Appellant Applegate, John D.

Respondent Smith, James

Respondent Smith, Thomas

Appellant Schenck, J.P.

Appellant Jeffries, Elizabeth

Appellant Jeffries, Richard

Appellant Applegate, Polly

Judge Scott, William

Date Date Filed 1860

Term of Court 1860

Term Month October

Year of the Opinion 1860

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Ejectment

Reference 31 Mo. 166

Case Summary The appellants were heirs of Thomas Applegate and claimed the land in the possession of the Smiths. The Smiths held possession under Martha, Thomas' widow. The lower court found for the Smiths. The high court affirmed the decision. Even though acquired after Thomas executed his will leaving everything to Martha, the title to the land passed to her.

Title Supreme Court Case Files

Contributor Respondent Baptiste

Appellant Chouteau, Pierre

Date Date Filed 1837

Coverage County Jefferson

District Third

Description Proceedings Civil

Cause of Action Assault and Battery

Cause of Action False Imprisonment

Cause of Action Petition for Freedom

Case Summary Issue: Legality of slavery of Indians taken in 1760's French War; court affirmed Marguerite versus Chouteau 1828 or 1834; victors unclear.

Title Supreme Court Case Files

Title Beeler v. Cardwell et al

Contributor Appellant Beeler, Conrad

Respondent Cardwell, James

Respondent Cardwell, D.

Respondent Cardwell, Ruben

Respondent Cardwell, Huffman

Respondent / Attorney Green, Abner

Judge Ewing, Ephraim

Date Date Filed 1859

Term of Court 1859

Year of the Opinion 1859

Term Month October

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Forcible Entry and Detainer

Reference 29 Mo. 72

Case Summary Beeler charged the defendants with unlawfully entering one of the fields on his farm in Big River. The defendants countered that they were not guilty because Beeler had given them access to the field for the purpose of building a fence. They further argued that Beeler agreed to let them stay on the land if they were to cultivate it. The Supreme Court ruled with Beeler, stating that in actions of forcible entry, right to possession is not taken into consideration.

Title Supreme Court Case Files

Series Supreme Court Case Files

Title Beeler, Conrad v. Cardwell

Contributor Judge Bates, Barton

Appellant Cardwell, Huffman

Appellant / Attorney Frissell And Green

Appellant Cardwell, Reuben

Respondent Beeler, Conrad

Appellant Cardwell, D.

Appellant Cardwell, James

Respondent / Attorney Finsking, Thomas

Date Date Filed 1861

Date of Trial 1862

Term of Court 1862

Term Month October

Year of the Opinion 1862

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Petition to Withhold Land

Cause of Action Petition to Compel Payment

Case Summary Beebler claimed that the Cardwells entered his land with force and demanded surveys and money. Beebler wanted to live on the land and felt that they were wrong. The Cardwells wanted him off the land.

Title Supreme Court Case Files

Contributor Respondent Bates, Henry P.

Respondent Wilkson, Anthony

Appellant Shore, Jane

Appellant Skeel, Samuel

Appellant Shore, Stephen

Appellant / Deceased Strong, David

Respondent Fight, Andrew

Appellant Strong, Solomon B.

Date Date Filed 1849

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Estate Settlement

Case Summary Affirmed and revised award of $1199 for Wilkson et al; Skeel replace Wilkson as administrator of Strong and challenged payments.

General Notes See inventory of administrative expenses including: education; slave labor; funeral.

Title Supreme Court Case Files

Series Supreme Court Case Files

Title Totten, Michael J. v Cole, John C.

Contributor Appellant / Attorney Beal, J.A.

Judge Bates, Barton

Respondent Cole, John C.

Respondent / Attorney Green, A.

Appellant Totten, Michael J.

Date Date Filed February, 1861

Term Month October

Year of the Opinion 1862

Coverage County Jefferson

Description Cause of Action Destruction of Property

Case Summary Appellant (Cole) sued for recovery of property when respondent's (Totten) mare jumped over appellant's fence, which is of insufficient height (5'). Mare was killed by Cole's dogs. Totten sought and was awarded $125 damages.

Deceased Notes Judgment affirmed.

Title Supreme Court Case Files

Contributor Appellant Beal, James A.

Respondent Allen, Ann

Respondent Allen, Thomas

Appellant Beal, Ann

Appellant Pipkin, Philip

Date Date Filed 1857

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Land Dispute

Case Summary Pipkin, Beal and Allen all common tenants who claimed land from Boyle, David who sold it to Anderson, James for a horse and cart who sold it to Russell, William. The land, however, was sold to Russell after Anderson was dead.

Title Supreme Court Case Files

Contributor Appellant Bird, Benjamin B.

Respondent Cochran, James

Date Date Filed 1829

Coverage District Third

County Jefferson

Description Proceedings Civil

Disposition Reversed

Cause of Action Action on Debt

Case Summary Bird properly filed security for appeal on day of trial.

Conservation Notes Minor fire damage

Title Supreme Court Case Files

Title King et al v. Blennerhassett et al

Contributor Appellant / Administrator Blennerhassett, Theresa

Appellant Martin, George G.

Appellant / Minor Blennerhassett, Richard Bynn

Respondent King, Robert A.

Appellant Martin, Sarah Annie

Appellant Blennerhassett, Edward N.

Appellant / Minor Blennerhassett, Alice Josephine

Appellant / Minor Blennerhassett, Theresa Bodecia

Appellant / Deceased Blennerhassett, Richard

Respondent Nickerson, Edmund

Judge Scott, William

Date Date Filed 1859

Term of Court 1859

Year of the Opinion 1859

Term Month October

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed

Cause of Action Petition to Set Aside Conveyance of Land

Case Summary The deceased Richard Blennerhassett served as counsel for one Nelson Cross. For compensation for his services he agreed to accept a conveyance of land from Cross. Blennerhassett died during the case, and the plaintiffs took over. The plaintiffs were asking for the conveyance of land to be handed over to them, but the defendants denied because Blennerhassett had performed some services. The high court ruled that the deed to Blennerhassett was absolute and unconditional

Title Supreme Court Case Files

Title Morse, John H. v. Rathburn, George R.

Alternative Title 49 Mo. 91

Contributor Judge Bliss, Philemon

Respondent Morse, John H.

Appellant Rathburn, George R.

Date Term of Court 1871

Term Month October

Date Filed 1871

Coverage County Jefferson

Circuit Jefferson Circuit Court

Description Proceedings civil

Disposition reversed and remanded

Cause of Action contract

General Note This case was previously before the Missouri Supreme Court 42 Mo. 594

Case Summary In 1867 the parties entered into a contract for the sale of real estate in Jefferson county by Morse to Rathburn for $21,000. The agreement contained a stipulation of forfeiture of $2,000 in case of non-performance.

Title Supreme Court Case Files

Title Burgwald, William v. Weippert, John and Weippert, Eliza

Alternative Title 49 Mo. 60

Contributor Judge Bliss, Philemon

Plaintiff in Error Weippert, Eliza

Plaintiff in Error Weippert, John

Defendant in Error Burgwald, William

Date Date Filed 1871

Term of Court 1871

Term Month October

Coverage County Jefferson

Circuit Jefferson Circuit Court

Description Proceedings civil

Disposition judgment reformed

Cause of Action contract

Case Summary John Weippert entered into a contract with Burgwald, by which Burgwald contracted to erect a brick building upon the land of Eliza Weippert.

Title Supreme Court Case Files

Contributor Appellant Austin, James

Respondent Alford, Johnson

Date Date Filed 1839

Coverage County Jefferson

Description Proceedings Civil

Cause of Action Action on Debt

Case Summary Ownership of unpaid promissary note.

Title Supreme Court Case Files

Title Baker, Catherine et al v. Schoeneman, Executor of Estate of Runkle, J.C, deceased

Contributor Defendant in Error Baker, Catherine

Plaintiff in Error / Executor Schoeneman, E.S.

Judge Fagg, Thomas J.C.

Plaintiff / Deceased Runkle, J. C.

Date Date Filed 1867

Term of Court 1867

Term Month October

Coverage County Jefferson

District Second District Court

Description Proceedings Estate

Disposition Reversed and remanded

Cause of Action Estate Dispute

Case Summary Catherine Baker sued the administrator of her late husband's estate to recover property. The administrator, Runkle, then billed the estate for his legal fees and costs. The county court allowed Runkle to charge the estate for his legal fees and costs but the Circuit Court held that the legal fees should have been taken from Runkle's own property rather than the estate. The Supreme Court reversed the Circuit Court's decision and remanded the case.

Title Supreme Court Case Files

Contributor Respondent Boly, William

Appellant Linton & Sappington, George

Date Date Filed 1849

Coverage County Jefferson

Description Proceedings Civil

Cause of Action Action on Debt

Case Summary Debt owed to Boly.

Title Supreme Court Case Files

Contributor Respondent Bryant, Eve

Appellant Cooley, Lawson

Date Date Filed 1847

Coverage County Jefferson

Description Proceedings Civil

Cause of Action Foreclosure

Case Summary Bryant held mortgage on Cooley's land.

Series Supreme Court Case Files

Title Burgess, James et als. v. Kattleman, Henry et als.

Contributor Defendant in Error Burgess, William

Plaintiff in Error Kattleman, Henry

Defendant in Error Allen, Elizabeth

Plaintiff in Error Stouse, William

Plaintiff / Attorney Green, A.

Defendant in Error Burgess, James Jr.

Plaintiff in Error Moody, Charles D.

Plaintiff in Error Hammeel, Murray J. G.

Plaintiff in Error Gottschalk, F.

Plaintiff in Error Gottschalk, L.

Plaintiff in Error Twining, William

Defendant in Error Burgess, Eliza

Defendant in Error Fallon, John Jr.

Defendant in Error Allen, David J.

Date Date Filed 1867

Term Month October

Term of Court 1867

Year of the Opinion 1867

Date of Trial 1867

Coverage District Second

County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Rent

Reference 41 Mo. 480

Case Summary The defendants in error stated that they leased property to the plaintiffs for the purpose of cutting wood. The parties agreed to a lien for the timber in order to secure the rent payment. While the rent remained due, Twining and Moody sold staves to Kattleman. After this transaction, the defendants told the plaintiffs that the lease was no longer good and took possession of all the remaining lumber and staves.

General Notes Two verbatim court opinions included in this file.

Title Supreme Court Case Files

Contributor Appellant Byrd, Thomas

Respondent Knighton, Ammon

Date Date Filed 1842

Coverage County Jefferson

District Third

Description Proceedings Civil

Cause of Action Action on Debt

Case Summary Debt was for $500 in wooden planks.

Title Supreme Court Case Files

Title Cadwallader, Ezra et al. v. West, Catherine et al.

Contributor

Appellant Cadwallader, Ezra

Respondent West, Catherine

Date Date Filed 1870

Term of Court 1870

Term Month October

Coverage County Jefferson

Circuit Jefferson County Circuit Court

Description Proceedings estate

Disposition

Cause of Action estate

Case Summary The action was brought by Ezra Cadwallader and the other heirs of Isaac Cadwallader who claim that Isaac was not in a sound state of mind when he set aside over three hundred acres in Jefferson County to his doctor, William West. West having died only shortly after Isaac Cadwallader is represented by his wife, Catherine West.

Title Supreme Court Case Files

Title Cadwallader, Ezra et al. v. West, Catherine et al.

Alternative Title 48 Mo. 483

Contributor Judge Currier, Warren

Appellant Cadwallader, Ezra

Respondent West, Catherine

Respondent Remmington, Tony

Date Date Filed 1870

Term of Court 1871

Term Month October

Coverage County Jefferson

District Second District Court

Description Proceedings estate

Disposition reversed and cause remanded

Cause of Action estate

General Note There are over fifty appellants in the case, many of whom are also members of the Cadwallader family.

Case Summary When Isaac Cadwallader was about seventy-five years old he enlisted the aid of Dr. William West. In exchange for treating him in his old age, West received 200 acres of property. Over the next thirteen years West cared for and treated Cadwallader, gradually gaining more power over him and his estate as the old man became weaker and as Cadwallader signed successive wills in West's favor. The heirs of Cadwallader brought the suit against West and his heirs because Isaac Cadwallader eventually gave his entire estate over to West. The lower court found for West and his wife Catherine, concluding that no undue influence had occurred in the relationship of the two men.

Title Supreme Court Case Files

Contributor Respondent Chouteau, Gabriel S.

Respondent Barlow, Joseph, Virginia

Appellant Keener, John, Ellen, Ephraim, Catharine

Respondent Chouteau, Henry

Respondent Ulrica, Richard W.

Respondent Paul, Edward W., Gabriel R.

Respondent Ham, Gabriel J., Rene, Anna, William A.

Respondent Garnell, George, Louise, Beckwith, Frederick, Julia

Appellant Waddle, Herman L, Susan

Attorney Polk, Trusten

Respondent Chouteau, Edward A.

Appellant Bollinger, George, Joel, Ann Eliza, Eli S, Henry, John, Eliza

Date Date Filed 1854

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Land Dispute

Case Summary Bollinger, John purchased land from Chouteau and Soulard, but failed to make payments. Chouteau and Soulard brought suit and recovered land. Heirs claim Bollinger died before could make payments. Court held suit against Bollinger void, as he was deceased.

Title Supreme Court Case Files

Contributor Appellant Chouteau, Pierre

Respondent Catiche

Date Date Filed 1837

Coverage District Third

County Jefferson

Description Proceedings Civil

Cause of Action Assault and Battery

Cause of Action False Imprisonment

Cause of Action Petition for Freedom

Case Summary Issue: Legality of slavery of Indians taken in 1760's French War; court affirmed Marguerite versus Chouteau 1828 or 1834; victors unclear.

Title Supreme Court Case Files

Contributor Appellant Chouteau, Pierre

Respondent Helen

Date Date Filed 1837

Coverage County Jefferson

District Third

Description Proceedings Civil

Cause of Action Assault and Battery

Cause of Action False Imprisonment

Cause of Action Petition for Freedom

Case Summary Issue: Legality of slavery of Indians taken in 1760's Fench War; court affirmed Marguerite versus Chouteau 1828 or 1834; victors unclear.

Title Supreme Court Case Files

Contributor Appellant Chouteau, Pierre

Respondent Julia

Date Date Filed 1837

Coverage District Third

County Jefferson

Description Proceedings Civil

Cause of Action Assault and Battery

Cause of Action False Imprisonment

Cause of Action Petition for Freedom

Case Summary Issue: legality of slavery of Indians taken in 1760's French War; court affirmed Marguerite versus Chouteau 1828 or 1834; victors unclear.

Title Supreme Court Case Files

Contributor Appellant Chouteau, Pierre

Respondent Marguirite

Date Date Filed S.D.

Coverage County Jefferson

District Third

Description Proceedings Civil

Disposition Affirmed

Cause of Action Petition for Freedom

Cause of Action Assault and Battery

Cause of Action False Imprisonment

Case Summary Issue: Legality of slavery of Indians taken in 1760's FrenchWar; the opinion read "affirmed" but victors unclear.

Title Supreme Court Case Files

Contributor Appellant Cooney, Lawson

Respondent Rankin, C. S.

Date Date Filed 1848

Coverage County Jefferson

Description Proceedings Civil

Cause of Action Foreclosure

Case Summary Of mortgage, 547 acres. $3000 value.

Title Supreme Court Case Files

Title Cowen, John E. v. The St. Louis & Iron Mountain Railroad Company

Alternative Title 48 Mo. 556

Contributor Respondent Cowen, John E.

Appellant The St. Louis & Iron Mountain Railroad Company

Judge Wagner, David

Date Date Filed 1871

Term of Court 1871

Term Month October

Coverage County Jefferson

Circuit Jefferson Circuit Court

Description Proceedings civil

Disposition affirmed

Cause of Action contract

Case Summary Cowen filed suit on an account for building materials for a ferry.

Title Supreme Court Case Files

Contributor Respondent Craft, Josiah

Appellant Moss, Thomas

Date Date Filed 1847

Coverage County Jefferson

Description Proceedings Civil

Cause of Action Petition to Halt Sale

Case Summary To stall sale for payment of earlier judgment.

Title Supreme Court Case Files

Contributor Appellant Cundiff, James

Respondent Cullum, Tilman

Date Date Filed 1855

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Action on Debt

Case Summary Cundiff owed Cullum $580.90 by promissary note. He paid $474.50 by Clark, William. Cullum sued for remaining debt. Cundiff filed amendment which was denied. Supreme court ruled that it cannot rule on amendments.

Title Supreme Court Case Files

Title Nelson, John, to use of Haenschen & Orthwein v. Luchtemeyer, Frederick et al.

Alternative Title 49 Mo. 56

Contributor Judge Currier, Warren

Respondent Luchtemeyer, Frederick

Respondent Volmack, Frederick

Appellant Nelson, John

Appellant Haenschen, Gutavus

Appellant Orthwein, Charles

Date Term Month October

Date Filed 1871

Term of Court 1871

Coverage County Jefferson

Circuit Jefferson County Circuit Court

Description Proceedings civil

Disposition affirmed

Cause of Action replevin

Case Summary Nelson and the other appellants brought the suit, seeking to recover wood, a cart and a grindstone as well as other property illegally taken.

Title Supreme Court Case Files

Series Supreme Court Case Files

Title Hamill, Hugh and Hamill, Mary v. Daily, Owen et al

Contributor Appellant Daily, James

Respondent / Attorney Hagan, Francis

Appellant / Attorney Fletcher, T.C.

Appellant Daily, Owen

Appellant /Trustee Crickett, Barney

Appellant / Minor Daily, John

Date Date Filed 1861

Date of Trial 1863

Term of Court 1863

Term Month March

Year of the Opinion 1863

Coverage County Jefferson

Description Proceedings Civil

Disposition Dismissed

Cause of Action Estate Settlement

Case Summary Mary Hamill was the widow of the deceased John Daily. As his widow, Hamill wants one-third of his estate given to her in the form of property in her county.

Title Supreme Court Case Files

Series Supreme Court Case Files

Title Bell, William H. v Cowan, John

Contributor Appellant / Attorney Davis and Evans

Judge Bates, Barton

Respondent Bell, William H

Respondent / Attorney Colman, E.d.

Appellant Cowan, John

Date Date Filed September, 1863

Term Month October

Year of the Opinion 1863

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Recovery

Case Summary Plaintiff/respondent claims defendant committed forcible entry onto his lands, then cut and carried off 100 cords of wood. Twice brought to trial, twice ruled for the plaintiff.

Title Supreme Court Case Files

Contributor Appellant Dixon, Christopher

Respondent James, Justin

Respondent Jewitt, William

Date Date Filed 1854

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Injunction

Cause of Action Trespass

Case Summary Dixon and Skeel, Samuel were partners in wood cutting business that sold to steamboats from Selma landing which they had a lease for. Skeel died; Dixon refused to administer partnership effects. Skeel's admins seized lease, sold it to James and Jewitt.

Title Supreme Court Case Files

Contributor Appellant / Deceased Dobson, Mary

Respondent / Deceased Butler, Edward

Respondent / Administrator Butler, William

Appellant / Administrator Johnson, Thomas C.

Date Date Filed 1852

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Estate Settlement

Case Summary Dobson married Butler, Edward and then divorced him, claiming abuse. She married Dobson, Jefferson. Butler died and Mary made a claim on a few items and $200. The court held that she was not entitled to the items as she was divorced from Butler.

Title Series Supreme Court Case Files

Contributor Respondent Donnell, Thomas

Respondent England, Margaret

Respondent McCormack, Catharine

Respondent McCormack, Eliza

Respondent Berry, Sarah

Respondent McCormack, Hardy

Respondent McCormack, James

Respondent McCormack, Adaline

Respondent McCormack, Margaret

Respondent McCormack, Sarah

Appellant Heirs of Strickland, Thomas A.

Respondent England, James

Respondent Berry, Willis

Respondent McCormack, Cynthia

Respondent McCormack, James W.

Respondent McCormack, Peter

Respondent Donnell, Mary

Respondent McCormack, Caroline

Date Date Filed 1850

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Ejectment

Case Summary Affirmed chain of title from Reagan to Kendall to McCormack and heirs.

Title Supreme Court Case Files

Title Dover, Jerome B. v. Kennerly, Thomas J. et al.

Contributor Defendant in Error Dover, Jerome B.

Plantiff in Error Kennerly, Thomas J.

Judge Fagg, Thomas J. C.

Date Date Filed 1869

Term of Court 1869

Term Month March

Coverage County Jefferson

Circuit Jefferson Circuit Court

District Second District Court

Description Proceedings Civil

Disposition Reversed and Dismissed

Cause of Action Action on Debt

Case Summary In 1858, Jerome B. Dover gave several negotiable promissory notes to John O'Fallon, secured by a deed of trust on a 160 acre parcel of land. As the notes came due, Dover paid them in money, or as he claimed, in merchandise from his store. O'Fallon transferred some of the notes to Thomas Kennerly and when they came due, the land held in trust was sold at auction. John O'Fallon placed the highest bid but later was unable to pay the amount bid, so the land was again advertised and sold at auction. Thomas Kennerly bought the land then later conveyed the land to John O'Fallon. Dover charged that Kennerly and O'Fallon had conspired to obtain his land at auction and asked the Circuit Court to set aside the trustee's deed to Kennerly. The Circuit Court ruled in favor of Dover, which was affirmed by the Second District Court. On appeal to the Supreme Court, the decision was reversed and the bill dismissed on grounds that no fraud on the part of Kennerly and O'Fallon had been proven by evidence.

Title Supreme Court Case Files

Series Supreme Court Case Files

Title Matthews, Newton v. Cook, Allen

Contributor Judge Dryden, James

Appellant Foster, C.l.

Appellant / Attorney Green, Abner

Respondent Matthews, Newton

Respondent / Attorney Thomas, John S.

Appellant Cook, Allen

Date Date Filed September, 1863

Term Month October

Year of the Opinion 1864

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Petition to Set Aside Deed

Case Summary Plaintiff petitions to set aside a deed to property formerly belonging to himself. Claims that at the time deed conveyed the property to the defendants he was intoxicated, selling land for $160.5

Title Supreme Court Case Files

Series Supreme Court Case Files

Title Taylor, A.R. v Hunt, Isaac, Executor of J. Hunt, deceased, et al.

Contributor Judge Dryden, James

Appellant / Executor Hunt, Isaac

Appellant / Attorney Thomas, J.L.

Respondent / Attorney Green, A.

Respondent Taylor, A.R.

Date Date Filed August, 1863

Year of the Opinion 1863

Term Month October

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Petition to Compel Payment

Case Summary Plaintiff/Respondent won judgment against James Hunt, deceased, for $116 owed. County then gave order for Isaac Hunt, the estate's executor, to pay said amount. Appellant failed to pay, claiming that he did not have the money from the estate to pay amount.

Title Supreme Court Case Files

Contributor Appellant / Administrator Edwards

Respondent McKee, E.

Appellant / Administrator Dunklin

Appellant / Deceased Craven

Date Date Filed 1821

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed

Cause of Action Action on Debt

Case Summary After time elapsed, action on $400 debt still lies.

Title Supreme Court Case Files

Series Supreme Court Case Files

Title State to the use of Jefferson County v. Skeel, William, Smith, Francis, Howe, William S., England, James R., McCormack, Jr., Hardy, and Wiley, Augustine

Contributor Defendant in Error England, James R.

Plaintiff in Error Williams, Joseph J.

Defendant in Error Howe, William S.

Defendant in Error Skeel, William

Defendant in Error Smith, Francis

Defendant in Error McCormack, Jr., Hardy

Defendant in Error Wiley, Augustine

Date Date Filed 1865

Date of Trial 1866

Term of Court 1866

Term Month October

Year of the Opinion 1866

Coverage Circuit Jefferson

Description Proceedings Civil

Disposition Dismissed

Cause of Action Election

Cause of Action Tax Dispute

Cause of Action Tax Assessment

Case Summary This case involves Skeel, one of the defendents, and his election to the office of tax collector in Jefferson County. Apparently, the state believed that he did not turn over to the government the full amount he collected.

Title Supreme Court Case Files

Title Murray, Owen v. Boyne, Edwin

Contributor Judge Fagg, Thomas J. C.

Plaintiff in Error Boyne, Edwin

Defendant in Error Murray, Owen

Date Date Filed 1868

Term of Court 1868

Term Month March

Coverage County Jefferson

District Second District Court

Description Proceedings Criminal

Disposition Affirmed

Cause of Action Assault

Case Summary Murray accused Boyne of assault and battery. The case was appealed on the grounds that the circuit court judge did not instruct the jury to consider that threatening words constitute assault.

Title Supreme Court Case Files

Contributor Appellant Findley, John

Respondent Auditor of The State of Missouri

Date Date Filed 1827

Coverage County Jefferson

Description Proceedings Civil

Cause of Action Action on Debt

Case Summary Petition to prohibit the sale of land to pay off debts.

Title Supreme Court Case Files

Contributor Respondent Flemm, William

Appellant Whitmore, Noah

Date Date Filed 1856

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed

Cause of Action Action on Debt

Cause of Action Account

Case Summary The action was on an account for $40. Several plaintiffs were involved in the case and were dropped when Flemm said he would pay part of the fee. S.C. ruled that it was erroneous for circuit to strike out 2 or several plaintiffs; must be recovery of all.

Title Supreme Court Case Files

Contributor Appellant Floyd, Thomas

Respondent Wiley, Eli

Date Date Filed 1824

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Assumpsit

Case Summary Recovery of runaway horse was an assumpsit.

Title Supreme Court Case Files

Title Fortier, Benom v. Ball, John

Contributor Plaintiff in Error Fortier, Benom

Defendant in Error Ball, John

Judge Baker, James

Date Date Filed 1868

Term of Court 1868

Term Month October

Coverage County Jefferson

District Second District Court

Description Proceedings Civil

Disposition Reversed

Cause of Action Damages

Case Summary Fortier sued Ball in Jefferson County Justice's Court over the killing of a hog. At trial, the Justice of the Peace rendered judgment of non-suit. Later, on a motion of the plaintiff, the justice set the non-suit aside and at trial, rendered judgment for the plaintiff. At issue was the justice's lack of power to set aside a non-suit, and whether Ball's employee was his "servant." The Supreme Court reversed the decision of the District Court.

Title Supreme Court Case Files

Title Foster, Emory S. et al. v. Dunklin, James L.

Contributor Plaintiff in Error Foster, Emory S.

Defendant in Error Dunklin, James L.

Judge Bliss, Philemon

Date Date Filed 1869

Term of Court 1869

Term Month March

Coverage District Second District Court

County Jefferson

Circuit Jefferson County Court

Description Proceedings Civil

Disposition Affirmed

Cause of Action Petition for New Road

Case Summary Citizens of Jefferson County petitioned the county court to establish a new road between the towns of Pevely and Sulphur Springs, and the petition was granted. James L. Dunklin, one whose land the new road would cross, motioned the court to reverse the order, which was overruled. Dunklin appealed to the Circuit Court where the County's decision was affirmed. On appeal to the Second District Court, inquiries were made into whether the road would be of benefit to the community, or was unncessary, as Dunklin claimed. The District Court reversed the lower court's decision. On appeal to the Supreme Court, the District Court's decision was reversed on the grounds that, under an 1868 law, County Courts alone had jurisdiciton over the roads in a county, therefore the District Court's inquiries into the necessity of the new road was outside the law.

Title Supreme Court Case Files

Title Franz, George v. Hilterbrand, Philip and Weber, Albert

Alternative Title 45 Mo. 121

Contributor Plantiff in Error Franz, George

Defendant in Error Hilterbrand, Philip

Judge Wagner, David

Defendant in Error Weber, Albert

Date Date Filed 1869

Term of Court 1869

Term Month October

Coverage County Jefferson

District Second District Court

Description Proceedings civil

Disposition affirmed

Cause of Action damages

Case Summary Appeal regarding amount of damages previously assessed for injury to the plantiff caused by the killing his two horses.

Title Supreme Court Case Files

Series Supreme Court Case Files

Title Gwynn, John R. et al. v Frazier, Thompson

Contributor Respondent Frazier, Thompson

Appellant Gwynn, John R.

Respondent / Assignee Johnson, J.C.

Judge Bates, Barton

Appellant / Attorney Fletcher, T.C.

Date Date Filed August, 1860

Term Month October

Year of the Opinion 1862

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Property Dispute

Case Summary Appellant claims to hold deed from James Cox, signed 1847. Respondent holds title from conveyance from Cox estate attorney.

Title Supreme Court Case Files

Series Supreme Court Case Files

Title Heirs of Ellen Richardson, deceased v. Frederitzee, John M., executor of the estate of John Richardson

Contributor Respondent / Executor Frederitzee, John M.

Appellant / Attorney Pipkin and Thomas

Respondent / Deceased Richardson, John

Judge Dryden, William

Respondent / Attorney Green, Abner

Appellant Heirs Of Ellen Richardson

Date Date Filed March, 1863

Term Month October

Year of the Opinion 1864

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Petition to Obtain Allowance

Reference 35 Mo. 265

Case Summary Plaintiffs are the children of Ellen Richardson, deceased, the sole heir of John Richardson, deceased. Upon her death, the defendant became the executor of the Richardson estate; the plaintiff is seeking an allowance of $100 a month for each child.

Title Supreme Court Case Files

Title Allen, Thomas v. King, Almeida E. et al.

Contributor Appellant / Attorney Frissell And Bush

Respondent King, Almeida E.

Judge Bates, Barton

Respondent King, John B

Appellant Allen, Thomas

Respondent / Attorney Pipkin and Thomas

Date Date Filed November, 1855

Term Month October

Year of the Opinion 1864

Coverage County Jefferson

Description Disposition Affirmed

Cause of Action Ejectment

Cause of Action Land Dispute

Case Summary Plaintiff brought suit in a disputed claim over the southern half of property formerly of St. Louis common land. Plaintiff claims deed from Hardy Ware, the original owner. The defendant's claim is based on a sheriff's deed. In the lower court, the plaintiff's deed was deemed fraudulent

Title Supreme Court Case Files

Contributor Appellant / Administrator Gamble, John G.

Respondent Austin, Moses

Appellant / Deceased Gamble, Robert

Date Date Filed 1821

Coverage County Jefferson

Description Proceedings Civil

Cause of Action Action on Debt

Title Supreme Court Case Files

Contributor Respondent Geiger, John

Appellant Owens, Samuel C.

Date Date Filed 1828

Coverage District Third

County Jefferson

Description Proceedings Civil

Disposition Reversed

Cause of Action Negligence

Case Summary Geiger's knowledge of horse escape must go in evidence.

Title Circuit Court Case Files

Alternative Series Justice of the Peace Case Files

Contributor Defendant Gooch, Drury

Defendant Suites, John

Judge Brinker, A.

Plaintiff Fletcher, C.B.

Date Date Filed 1822

Coverage County Washington

Description Proceedings Civil

Cause of Action Unknown

Case Summary From Jefferson County, 1821-1822

Title Supreme Court Case Files

Series Supreme Court Case Files

Title Callaghan, John v. McMahon, Bernhard

Contributor Respondent / Attorney Green, A.

Respondent Callaghan, John

Judge Bay, W.v.n

Appellant Mcmahon, Bernhard

Appellant / Attorney Thomas, J.L.

Date Date Filed 1861

Date of Trial 1862

Term of Court 1862

Term Month October

Year of the Opinion 1862

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Petition for Compensation

Cause of Action Theft

Case Summary McMahon told Callaway that there was land available in Jefferson County in 80 acre tracts. Callaghan asked McMahon to purchase a tract of land for him to migrate there. McMahon purchased the land in his own name and used $100 from Callaghan to pay for the land. The land only cost $10, although McMahon told Callaghan it would be $1.25 an acre. Callaghan wanted his title and $90.

Title Series Supreme Court Case Files

Title Hammond's Administrator v. Cadwallader

Contributor Respondent Hammond, Amanda

Respondent Hammond, John

Judge Napton, William B.

Appellant Cadwallader, Isaac

Date Date Filed 1859

Term of Court 1859

Year of the Opinion 1859

Term Month October

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed

Cause of Action Breach of Contract

Reference 29 Mo. 166

Case Summary John Hammond became one of the securities on Eli Cadwallader's bond as guardian of several minor children. Eli died indebted to the children, and Hammond was forced to pay that debt. Eli's brother,Isaac, agreed to help Hammond. He agreed to sell and then buy a piece of property and apply the proceeds to Eli's bond debt. This agreement did not occur however and Eli asked the court for judgment for proceeds from the sale of the land and for the amount he paid to the children. While the lower courts ruled in favor of Hammond, the higher court did not. They found that because he brought the case forward with a breach of contract, and not fraud, there were no statutes in his favor.

Title Supreme Court Case Files

Series Supreme Court Case Files

Title Beal, James A. v. Harmon, Antoine

Contributor Plaintiff in Error Harmon, Antoine

Plaintiff / Attorney Pipkin and Thomas

Defendant / Attorney Beal, J. A.

Judge Wagner, David

Defendant in Error Beal, James A.

Date Date Filed 1865

Date of Trial 1866

Term of Court 1866

Term Month October

Year of the Opinion 1866

Coverage Circuit Jefferson

Description Proceedings Civil

Disposition Reversed amd Remanded

Cause of Action Ejectment

Case Summary This case involves a land dispute between the two involved parties. Apparently, the defendant, Beal, acquired the land from the guardian of a minor. Conflict arose when the plaintiff, Harmon, was to be ejected from the property after an order was issued from the Jefferson County Circuit Court.

Title Supreme Court Case Files

Title Harris, Oliver D. v. Vinyard, John

Contributor Plaintiff in Error Harris, Oliver D.

Defendant in Error Vinyard, John

Judge Fagg, Thomas J. C.

Date Date Filed 1868

Term of Court 1868

Term Month October

Coverage County Jefferson

District Second District Court

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Ejectment

Case Summary Harris sued Vinyard to eject him from a tract of land. Vinyard admitted possession of part of the land by means of a contract with the plaintiff's deceased father, though the contract was questionable. The circuit court found in favor of Harris, Vinyard appealed and the district court reversed the decision. The Supreme Court reversed the decision of the lower court and remanded the case to circuit court for further trial.

Title Supreme Court Case Files

Title Herrington et al v. Herrington et al

Contributor Respondent Hiney, Bazile

Appellant Herrington, Isaac A. S.

Respondent Herrington, John

Appellant Herrington, Isaac

Respondent Beal, James A.

Appellant / Guardian Herrington, Isaac

Judge Richardson, John C.

Date Date Filed 1858

Term of Court 1858

Term Month October

Year of the Opinion 1858

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Petition to Obtain Decree of Title to Land

Reference 27 Mo. 560

Case Summary Isaac vested title to the land in question in John to defraud his creditors. John executed a title bond to eventually convey the land to Isaac's children, of which Isaac A. S. is the only surviving one. Beal obtained a judgment against Isaac. As a result, Beal obtained a sheriff's deed for the land and got conveyance of the title from John. Beal conveyed the land to Thomas C. Fletcher, trustee for the county, to insure payment of debt. Fletcher sold the land to Hiney. The lower court denied relief to Isaac and Isaac A. S. because the claim involved fraud. The high court agreed, having decided Hiney held title to the land.

Title Supreme Court Case Files

Contributor Appellant Honey, Elias F.

Respondent Honey, Charles

Respondent Honey, Ellen

Respondent / Administrator Boyce, William H.

Respondent Honey Thomas

Date Date Filed 1853

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Land Dispute

Case Summary Elias bought interest of real estate from John but the deed was not executed before John's death. Heirs of ohn claim Elias was only a tenant on the property. Supreme Court affirms decision because he appealed for a new trial in a different term.

Title Supreme Court Case Files

Contributor Appellant / Deceased Honey, John W.

Respondent / Deceased Ennis, Nicholas

Appellant / Administrator Honey, Mary S.

Appellant / Administrator Rankin, Charles S.

Respondent / Administrator Perry, John

Date Date Filed 1838

Coverage County Jefferson

District Fourth

Description Proceedings Civil

Disposition Reversed

Cause of Action Action on Debt

Case Summary Rankin sued for value of several pigs of lead.

Title Supreme Court Case Files

Contributor Respondent Horine, Mathias T.

Appellant Horine, Benjamin

Date Date Filed 1846

Coverage County Jefferson

Description Proceedings Civil

Cause of Action Estate Settlement

Case Summary Real and personal property.

Subject Minor, Estate, Family

Title Supreme Court Case Files

Title Howe v. Lee

Contributor Appellant Howe, William S.

Judge Napton, William B.

Respondent Lee, John

Date Date Filed 1858

Term of Court 1858

Term Month October

Year of the Opinion 1858

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Petition for Just Compensation

Case Summary Lee purchased the land in question from Thornton Jarvis in exchange for promissory notes. Jarvis conveyed the land to Howe, who purchased the notes with the understanding that the land was to go to Lee when the notes were paid. Howe verbally agreed to postpone payment of the notes for one year, but sold the land to William Vose. As a result, Lee wanted $400, the difference between the sale price and the money still owed on the notes. The lower court awarded Lee $366.75. The high court decided Lee did have the right under equity to a bill for compensation.

Title Supreme Court Case Files

Contributor Appellant Hunt, James

Respondent Frissell, Mason

Respondent Johnston, Robert

Respondent Pipkin, Philip

Date Date Filed 1856

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Breach of Promise

Cause of Action Recovery

Case Summary Hunt & Johnston were both indebted to Casey. Johnston Casey, with attornies, promised Hunt they would continue cause until next term then proceeded to execute judgment against him. Court found that Hunt cannot recover despite the morally improper acts.

Title Supreme Court Case Files

Contributor Appellant James, Austin

Appellant Jewitt, William S.

Respondent Dixon, Christopher V.

Date Date Filed 1855

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Ejectment

Case Summary Court held that Dixon may challenge the status of his partnership (With Skeel, Samuel, deceased) with regard to the leased land along the Mississippi River.

Title Supreme Court Case Files

Title Williams v. Mitchell

Contributor Respondent / Attorney Johnson, T. C.

Appellant Williams, James

Judge Richardson, John C.

Respondent Mitchell, Henry S.

Date Date Filed 1858

Term of Court 1858

Term Month October

Year of the Opinion 1858

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Breach of Bond

Cause of Action Petition to Set Aside Settlement

Case Summary Williams was the guardian of Mitchell. Mitchell claimed Williams did not correctly perform his duties as a guardian. In particular, Williams made fraudulent claims regarding expenditures. Thus, Mitchell argued that a previous settlement was void. The lower court awarded Mitchell $247.57. The high court reversed the decision, because Mitchell could not maintain an action on Williams' bond to perform his duties or in a suit to set aside the previous settlement.

General Notes In Mitchell's petition, the value of slaves owned and their names are mentioned.

Title Supreme Court Case Files

Contributor Appellant Johnston, Robert

Respondent Hunt, James

Date Date Filed 1857

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Action on Debt

Case Summary Johnston and Hunt tenants in common of land. Johnston, by agreement with Hunt, was to sell 1/2 of the property for no less than $10,000. Excess money Johnston could keep plus 1/4 interest, $1250. Hunt was to receive 1/4 interest also but did not.

Title Supreme Court Case Files

Contributor Appellant Kerr, Sarah

Respondent Sippy, Mary Ann

Appellant Johnson, Jesse G.

Respondent Sippy, Abraham

Appellant Floyd, Benjamin L.

Appellant Kerr, George E.

Date Date Filed 1855

Coverage County Jefferson

Circuit Ninth

Description Proceedings Civil

Disposition Dismissed

Cause of Action Land Dispute

Cause of Action Recovery

Case Summary Sippy claims land from conveyance of original U.S. land patent to Glover, Richard. Johnson claims land as tenant of Floyd who was sold land from conveyance by Glover also. Parties settled before coming before Supreme Court. Case was dismissed.

Title Supreme Court Case Files

Title Kimm, Theodore v. Weipert, John and Weippert, Eliza

Contributor Plaintiff in Error Kimm, Theodore

Defendant in Error Weippert, John

Judge Wagner, David

Defendant in Error Weippert, Eliza

Date Date Filed 1870

Term of Court 1870

Term Month October

Coverage County Jefferson

Circuit Jefferson Circuit Court

District Second District Court

Description Proceedings Civil

Disposition Affirmed

Cause of Action Action on Debt

Case Summary John Weippert and his wife Eliza purchased three town lots in Kimmswick, Jefferson County from Theodore Kimm, paying for the lots with three promissory notes, secured by a deed of trust. When Weipert and wife defaulted on the notes, the lots were sold, but did not bring enough to cover the entire debt. Kimm then sued to recover the remainder of the debt and seized another town lot owned separately by Eliza Weippert. The Circuit Court rendered judgment in favor of Kimm but the District Court overturned the decision. The Supreme Court affirmed the District Court's decision arguing that the contract between the Weiperts and Kimm did not intend that Eliza Weipert's property would be used to satisfy any debts from the contract.

Title Supreme Court Case Files

Series Supreme Court Case Files

Title Doan, King & Co. v. Boley, Elridge and Moon, William H.

Contributor Defendant in Error King, Wyllys

Plaintiff in Error Boley, Elridge

Defendant / Attorney Green, Abner

Defendant in Error Doan, William A.

Defendant in Error Bigelow, Richard H.

Defendant in Error King, Charles E.

Plaintiff / Attorney Thomas, John L.

Judge Wagner, David

Plaintiff in Error Moon, William H.

Defendant in Error Doan, King & Co.

Defendant in Error Bigelow, Richard

Date Date Filed 1866

Date of Trial 1866

Term of Court 1866

Term Month October

Year of the Opinion 1866

Coverage Circuit Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Promissory Note

Cause of Action Action on Debt

Reference 38 Mo. 449

Case Summary This case involves a debt incurred by King and the other defendants in error in the form of a promissory note issued to Boley and Moon, the plaintiffs in error. In Jefferson County, the defendants did not appear for the case, thus judgement was in favor of the plaintiffs.

Title Supreme Court Case Files

Contributor Respondent / Administrator Lee, Rebecca

Respondent Lee, Mary

Respondent / Deceased Lee, Archeleaus

Respondent Lee, Giles

Appellant Lee, Giles

Respondent Lee, Jemima

Respondent Lee, Dorothy

Date Date Filed 1853

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Land Dispute

Case Summary Giles brother of Archeleaus and sells Archeleaus' land after his death which he held in trust. Rebecca appeals because of exclusion of evidence.

Title Supreme Court Case Files

Contributor Appellant Long, Gabriel

Respondent Kindall, Jeduthan

Respondent Hammond, Samuel

Date Date Filed 1821

Coverage County Jefferson

Description Proceedings Civil

Cause of Action Action on Debt

Case Summary Debt; summons only item in file.

Title Supreme Court Case Files

Contributor Respondent Loughridge, Robert

Appellant State of Missouri

Date Date Filed 1840

Coverage County Jefferson

Description Proceedings Criminal

Disposition Reversed

Cause of Action Assault

Case Summary Indictment for assisting slaves with assault of Rueben Cranmer; found guilty; 2 years in penetintiary.

Title Supreme Court Case Files

Contributor Respondent Louis I. I.

Appellant Walsh, Julia

Respondent Allen, Nelson

Respondent Allen, Odille

Respondent Robert, Charles

Respondent Robert, Nelson

Respondent Robert, Louis

Respondent Robert, Mary

Appellant Walsh, Eward

Date Date Filed 1854

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Land Dispute

Case Summary Chouteau, Auguste owed 6002 acres of land. Walsh heir of Chouteau who conveyed a portion of land to Robert. Robert claimed 20 years adverse possession.

Title Supreme Court Case Files

Contributor Respondent Maddox, Thomas H.

Appellant Morse, John H.

Date Date Filed 1854

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Breach of Contract

General Notes See two other rulings by the court on this same lawsuit.

Case Summary Morse agreed to lease house and mill from maddox. when maddox did not repair dam, Morse's mill failed. case here in 1853. in circuit 2nd time, judge instructed jury that morse gave no evidence. court held this instruction was error on part of circuit.

Title Supreme Court Case Files

Contributor Appellant Maddox, Thomas H.

Respondent Morse, John H.

Date Date Filed 1853

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Breach of Contract

Case Summary Morse had agreement for lease, grants, rents to farm, house and mill with Maddox. Maddox did not repair dam and Morse's mill failed. Morse sued Maddox for damages. Ryland reverses judgment that Maddox did nothing to hinder Morse's mill.

Title Supreme Court Case Files

Contributor Appellant Maddox, Thomas H.

Respondent Morse, John H.

Date Date Filed 1855

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Breach of Contract

General Notes Third time court ruled on same lawsuit. See 17 MO reports and 19 MO reports.

Case Summary Maddox leased space at his Big River Saw and Grist Mill to Morse for a "Saddle tree manufactory." Maddox cut the water and threatened to raise a mob and tar and feather Morse. Court lamented hearing this case again.

Title Supreme Court Case Files

Contributor Appellant Maupin, Charles W.

Respondent Triplett, William

Date Date Filed 1838

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed

Cause of Action Damages

Cause of Action Action on Debt

Case Summary $94 judgment exceeded $34 claim in declaration.

Title Supreme Court Case Files

Contributor Appellant Miller, Lucretia A.

Respondent / Administrator Pipkin, Philip

Appellant / Guardian Murrell, John

Respondent / Deceased McCreery, Elijah

Date Date Filed 1856

Coverage County Jefferson

Description Proceedings Civil

Disposition Dismissed

Cause of Action Action on Debt

Cause of Action Estate Settlement

Case Summary Lucretia claims McCreery was her natural father and before his death wrote her a note for $800. In fear, note was later destroyed. Circuit found that Lucretia is Illegitimate daughter of McCreery, but note was void and can not recover. Case dismissed here.

Title Supreme Court Case Files

Contributor Appellant Morse, John H.

Respondent Marsh, Charles S.

Date Date Filed 1853

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Debt for Rent

General Notes Note: Gamble did not sit for this case.

Case Summary Marsh sought payment of rent from Morse. When Morse did not show for trial, it was continued several times. On motion of plaintiff, court proceeded with trial and judgment found against Morse. Court held circuit erred in proceeding without Morse present.

Title Supreme Court Case Files

Contributor Appellant Morse, John H.

Respondent Marsh, Charles

Date Date Filed 1856

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Debt for Rent

General Notes Note: see case when previously at court.

Title Supreme Court Case Files

Title Morse, John H. v. Rathburn, George R.

Contributor Plaintiff in Error Morse, John H.

Defendant in Error Rathburn, George H.

Judge Wagner, David

Date Date Filed 1868

Term of Court 1868

Term Month October

Coverage County Jefferson

District Second District Court

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Damages

Case Summary A contract through which Morse sold Rathburn a farm in Jefferson County for $21,000 contained a provision for liquidated damages in the amount of $2000 should either party fail to comply with the contract. Rathburn did not comply with some portion of the contract and Morse sued to collect the damages. The circuit court ruled that the liquidated damage provision was really a penalty, therefore Morse could only collect actual damages. The district court upheld the decision. The Supreme Court reversed the decision and remanded cause to circuit court, arguing that the damages were not excessive in view of the magnitude of the contract.

Title Supreme Court Case Files

Title Moss, Joseph T. v. Green, Michael W.

Contributor Plaintiff in Error Moss, Joseph T.

Defendant in Error Green, Michael W.

Judge Wagner, David

Date Date Filed 1867

Term of Court 1867

Term Month October

Coverage County Jefferson

District Second District Court

Description Proceedings Civil

Disposition Reversed

Cause of Action Breach of Contract

Case Summary In November 1864, Moss, Green and a third party made an agreement, indicated by a memorandum, that should one of them be selected in the upcoming military draft, each of them would contribute $100 toward the cost of hiring a substitute draftee. Moss and the third man, George Moss, were both drafted but Green refused to pay. Joseph T. Moss then paid another man $700 to take his place in the Army, and sued Green to recover the money pledged. At issue was whether the memorandum constituted a binding agreement, and whether oral evidence related to the memorandum and agreement should be allowed as evidence. The county court upheld the contract, but the district court reversed the decision without stating its reasons. The Supreme Court reversed the decision of the district court, affirming the decision of the county court.

Title Supreme Court Case Files

Contributor Respondent Moss, Mark

Appellant State of Missouri

Date Date Filed 1845

Coverage County Jefferson

Description Proceedings Civil

Cause of Action Action on Debt

Case Summary On an official bond, $6000

Title Supreme Court Case Files

Contributor Appellant Moss, William, Thomas, and Mark

Respondent Hammond, George

Respondent Smith, Chauncey

Date Date Filed 1827

Coverage County Jefferson

Description Proceedings Civil

Cause of Action Ejectment

Case Summary Original case one of forcible entry, ruling for plaintiff.

Title County Civil Proceedings

Plaintiff Moss, Mark

Defendant Marks, Dennis

Plaintiff Attorney Bent, John

Case Number 104 Nov 1831 St. Louis City County Civil Proceedings

Cause of Action Appeal: Breach of covenant for faulty clock; depositions from Herculaneum, Jefferson County, MO

1 Folder; Microfilm Reel # C51561; Folder 44

Title Supreme Court Case Files

Title Deriar v. Williams

Contributor Judge Napton, William B.

Appellant Deriar, William H.

Respondent Williams, James L.

Date Date Filed 1860

Term of Court 1860

Term Month October

Year of the Opinion 1860

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Unlawful Detainer

Reference 31 Mo. 13

General Notes Judge Scott dissented.

Case Summary Deriar had Williams' permission to build a shanty on Williams' property and occupy it. Later, Williams gave Deriar thirty days notice to quit the property. Williams wanted possession of his land and damages for timber Deriar had cut. The lower court found for Williams. The high court affirmed the decision. Possession of land for an indefinite period did not constitute tenancy from year to year. Therefore, three months notice was not necessary.

Title Supreme Court Case Files

Title Mitchell v. Williams

Contributor Judge Napton, William B.

Appellant Williams, James

Respondent Mitchell, Erving

Date Date Filed 1859

Term of Court 1859

Year of the Opinion 1859

Term Month October

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Breach of Trust

Reference 29 Mo. 132

Case Summary Williams was assigned as Mitchell's guardian. Mitchell charged Williams with not faithfully discharging his trust. He won $247.57 in judgment in the lower court. The high court reversed and remanded the case, for they found no facts in the case.

Title Circuit Court Case Files

Contributor Plaintiff / Deceased Nowland, John

Defendant Womder. Enoch Impleaded With McCormak, James

Date Date Filed 1827

Coverage County Ste. Genevieve

Description Cause of Action Action on Debt

Case Summary Debt (execution from Jefferson County, McMullin, Samuel)

Title Supreme Court Case Files

Title O'Fallon, Jr., John v. Kennerly, Thomas J., et al.

Alternative Title 45 Mo. 124

Contributor Plantiff in Error O'Fallon, John

Defendant in Error Kennerly, Thomas J.

Judge Bliss, Philemon

Date Date Filed 1868

Term of Court 1869

Term Month October

Coverage County Jefferson

Circuit Jefferson Circuit Court

Circuit St. Louis Circuit Court

Description Proceedings civil

Disposition affirmed

Cause of Action contract

Case Summary Suit to enforce the specific performance of a bond to convey real estate

Title Supreme Court Case Files

Contributor Respondent Ogden, G.

Respondent Bush, L.

Respondent Husky, Silas

Respondent Arnold, G.

Respondent Northcut, Samuel

Respondent Gray, John

Respondent Johnson, A.

Respondent Burgess, Thomas, Aaron, Simeon, James

Appellant Burgess, Sanders

Respondent Swirl, A.

Respondent Watson, J.

Respondent Harrington, J.

Respondent Cromme, J.

Date Date Filed 1851

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Ejectment

Case Summary Sanders' claim to former Spanish land grant never confirmed by board of land commissioners.

Title Supreme Court Case Files

Title Orthwein, William et al. v. Leuchtmeyer, Frederick et al.

Contributor Appellant Orthwein, William

Appellant Baur, Louis S.

Appellant / To The Use Of Haueschen, Gustovus J.

Appellant / To The Use Of Orthwein, Charles F.

Respondent Leuchtmeyer, Frederick

Respondent Volmach, Frederick

Respondent Cheatham, George C.

Judge Currier, Warren

Date Date Filed 1871

Term of Court 1871

Term Month October

Coverage County Jefferson

Circuit Jefferson Circuit Court

Description Proceedings civil

Disposition affirmed

Cause of Action replevin

Case Summary Orthwein sued in replevin to recover possession of various articles of furniture.

Title Supreme Court Case Files

Contributor Respondent / Administrator Perry, John

Appellant / Administrator Alford, Johnson H.

Appellant / Deceased Bates, Ellias

Appellant / Deceased Ennis, Nicholas

Date Date Filed 1838

Coverage District Fourth

County Jefferson

Description Proceedings Civil

Disposition Reversed

Cause of Action Action on Debt

Case Summary Bates sued for value of several pigs of lead.

Title Supreme Court Case Files

Contributor Appellant Pipkin, Phillip

Respondent Casey, John H.

Date Date Filed 1849

Coverage County Jefferson

Description Proceedings Civil

Cause of Action Damages

Case Summary Pipkin sued to recover a slave from the estate of Keeton, John.

Title Series Supreme Court Case Files

Title Powers, James C. v. Kueckhoff, Caspar H.

Contributor Defendant in Error Powers, James C.

Plaintiff in Error Kueckhoff, Caspar H.

Judge Wagner, David

Date Date Filed 1867

Term of Court 1867

Term Month October

Coverage County Jefferson

District Second District Court

Description Proceedings Civil

Disposition Affirmed

Cause of Action Land Dispute

Case Summary This case comes from Powers' attempt to recover a tract of land in Jefferson County and to recover damages for timber cut from said land.

Title Supreme Court Case Files

Title Reppy, B. S. et al. v. Reppy, H. S. et al.

Alternative Title 46 Mo. 571

Contributor Defendant in Error Reppy, B. S.

Defendant in Error Reppy, R. N.

Plaintiff in Error Reppy, H. S.

Plaintiff in Error Reppy, H. E.

Judge Currier, Warren

Date Date Filed 1870

Term of Court 1870

Term Month October

Coverage County Jefferson

District Second District Court

Description Proceedings civil

Disposition reversed and remanded

Cause of Action promissory note

Case Summary Both parties owed monies to Mrs. Reppy.

Title Supreme Court Case Files

Title Reppy, S. A. vs. Jefferson County

Alternative Title 47 Mo. 66

Contributor Plaintiff in Error Reppy, S. A.

Defendant in Error Jefferson County

Judge Bliss, Philemon

Date Date Filed 1870

Term Month October

Coverage County Jefferson

District Second District Court

Description Proceedings civil

Disposition reversal of District Court is affirmed

Cause of Action contract

Case Summary Reppy was hired by Jefferson County to index land records. He brought the suit seeking the remainder of his pay based on the verbal agreement with the County.

Title Supreme Court Case Files

Title Richardson, George, by Guardian v. Richardson, Henry et al.

Alternative Title 49 Mo. 29

Contributor Appellant Richardson, Henry

Respondent Richardson, George

Respondent / Guardian Frederitz, John M.

Appellant Richardson, John

Appellant Richardson, Skelton

Appellant Richardson, Cynthia

Appellant Richardson, Merrill

Judge Currier, Warren

Date Date Filed 1871

Term of Court 1871

Term Month October

Coverage County Jefferson

Circuit Jefferson Circuit Court

Description Proceedings ejectment

Disposition reversed and remanded

Cause of Action will

Case Summary Both parties claimed the same land under the will of John Richardson.

Title Supreme Court Case Files

Contributor Respondent Roberts, Phil

Appellant Coleman, John

Date Date Filed 1821

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed

Cause of Action Assumpsit

Case Summary Taking care of child was gratuitous service.

Title Supreme Court Case Files

Title Bishop, A. W. v. Schneider, Julius F. et al.

Alternative Title 46 Mo. 472

Contributor Plaintiff in Error Schneider, Julius F.

Judge Wagner, David

Plaintiff in Error Reynolds, Thomas

Defendant in Error Bishop, A. W.

Plaintiff in Error Reynolds, Nancy A.

Date Date Filed 1870

Term of Court 1870

Term Month October

Coverage County Jefferson

District Second District Court

Description Proceedings civil

Disposition affirmed

Cause of Action promissory note

Case Summary Reynolds executed to Robert E. Warren his promissory note and to secure the payment of the note he delivered to Warren a mortgage on real estate in Jefferson County.

Title Supreme Court Case Files

Contributor Respondent School Township No 6, Jefferson County

Appellant Wilson, Avington

Date Date Filed 1856

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Breach of Contract

Case Summary County court of Jefferson ordered that a sale on all school lands should be set aside and held for naught. Wilson, however, had already purchased the lands. The court then ordered that the sheriff should put the land back on the market.

Title Supreme Court Case Files

Contributor Respondent Scott, John C.

Appellant Hammon, John

Date Date Filed 1848

Coverage County Jefferson

Description Proceedings Civil

Cause of Action Action on Debt

Case Summary $318.07 for minerals and farming on land.

Title Supreme Court Case Files

Title Allen v. Moss et al

Contributor Judge Scott, William

Respondent Moss, Thomas

Respondent Hensley, Alexander

Appellant / Attorney Glover, S.T.

Appellant Allen, Thomas

Date Date Filed 1857

Term of Court 1858

Term Month October

Year of the Opinion 1858

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Ejectment

Cause of Action Unlawful Possession

Case Summary Allen argued Hensley was in possession of and Moss claimed ownership of land that rightfully belonged to Allen. Moss claimed ownership as a heir of James Smirl, who had obtained the land through a chain of assignment from Hardy Ware. Allen claimed ownership through a claim of the legal representatives of Ware. The lower court found for Moss and Hensley, but the high court discovered several errors in the instructions to the jury and the admission of evidence.

General Notes A small survey map is included in the circuit transcript. William Clark had title to part of the land claimed by Hardy Ware's legal representatives. Judge Richardson was not sitting.

Title Supreme Court Case Files

Title Seeman, George v. Weippert et al.

Alternative Title 49 Mo. 61

Contributor Defendant in Error Seeman, George

Plaintiff in Error Weippert, John

Plaintiff in Error Weippert, Eliza

Judge Bliss, Philemon

Date Date Filed 1871

Term of Court 1871

Term Month October

Coverage County Jefferson

Circuit Jefferson County Circuit Court

Description Proceedings civil

Disposition reversed

Cause of Action contract--mechanics' lien

Case Summary George Seeman provided the materials and labor for the construction of a brick dwelling for the Weippert's on their property. After the Weippert's refused to compensate him for the work it filled suit and won a mechanic's lien against the couple in a lower court.

General Note This case in the counterpart to Burgwald v. Weippert et al., 49 Mo. 60.

Title Supreme Court Case Files

Contributor Respondent Sentor, William

Appellant State of Missouri

Date Date Filed 1837

Coverage County Jefferson

Description Proceedings Criminal

Cause of Action Assault and Battery

Case Summary Of Thomas J. Graham found guilty, $50 fine.

Title Supreme Court Case Files

Contributor Appellant Sexton, Patrick

Respondent Stevens, Simon

Date Date Filed 1846

Coverage County Jefferson

Description Proceedings Civil

Cause of Action Trouber

Case Summary Steve took Sexton's horse.

Title Supreme Court Case Files

Contributor Appellant Slade, Anton

Respondent State of Missouri

Date Date Filed 1857

Coverage County Jefferson

Description Proceedings Criminal

Disposition Affirmed

Cause of Action State License Violation

Case Summary Court upheld the conviction of Slade for selling liquor without a license. Slade argued that the amount was too small to require a license under Missouri law.

Title Supeme Court Case Files

Title Slevin, B. et al v. Reppy, Hamilton S.

Alternative Title 46 Mo. 606

Contributor Defendant in Error Slevin, Bernard

Judge Bliss, Warren

Defendant in Error Slevin, John

Defendant in Error Slevin, Edward

Defendant in Error Cain, Joseph

Plaintiff in Error Reppy, Hamilton S.

Date Date Filed 1870

Term of Court 1870

Term Month October

Coverage County Jefferson

District Second District Court

Description Proceedings civil

Disposition affirmed

Cause of Action promissory note

Case Summary Reppy was authorized by his brother to do mercantile business in DeSoto. To pay for supplies Reppy was issued a promissory note by his brother. Reppy was denied the use of the note by the defendants in error.

Title Supreme Court Case Files

Contributor Respondent Southerland, George

Appellant / Deceased Warner, Charles M.

Appellant / Administrator Hunt, James

Date Date Filed 1855

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Damages

Cause of Action Trespass

Case Summary Southerland claimed Warner entered his land and killed 5 hogs. In a jury trial judgment was given for Southerland. Warner appealed, but lost judgment again. Court affirmed because there was nothing from previous trial excepted to.

Title Supreme Court Case Files

Title State ex rel. State Auditor v. Clerk of the County Court of Jefferson County, The

Contributor Appellant / Ex Rel State Auditor

Appellant State of Missouri

Respondent Clerk of the County Court of Jefferson County, The

Judge Holmes, Nathaniel

Date Date Filed 1867

Term of Court 1867

Term Month October

Coverage County Jefferson County

Court of Record Missouri Supreme Court

Description Proceedings Civil

Disposition Mandamus Granted

Cause of Action Petition for Mandamus

Case Summary The State Auditor seeks to compel Jefferson County to collect the Militia tax. The Jefferson County Clerk of Courts argues the legislature failed to provide for tax assessment and collection. The Supreme Court declares that the General Revenue Act of 1866 makes the necessary provision for remedying this omission.

Title Supreme Court Case Files

Series Supreme Court Case Files

Title State of Missouri v Scaggs, Abraham

Contributor Appellant State of Missouri

Judge Bates, Barton

Appellant / Attorney Gale, Daniel G.

Respondent Scaggs, Abraham

Date Date Filed February, 1862

Year of the Opinion 1862

Term Month October

Coverage County Jefferson

Description Proceedings Criminal

Disposition Reversed and Remanded

Cause of Action Gambling

Case Summary Defendant/Respondent tried for illegal gaming for holding card games in his home that went "against the peace and dignity of Missouri." In lower court, defendant claimed he was not gambling and moved to quash the indictment; court sustained.

Title Supreme Court Case Files

Title State of Missouri v. Cole, John C.

Alternative Title 48 Mo. 70

Contributor Respondent State of Missouri

Appellant Cole, John C.

Judge Currier, Warren

Date Date Filed 1871

Term of Court 1871

Term Month March

Coverage County Jefferson

Circuit Jefferson Circuit Court

Description Proceedings criminal

Disposition affirmed

Cause of Action assault and battery

Case Summary Cole was convicted of assault and battery.

Title Supreme Court Case Files

Contributor Appellant State of Missouri

Respondent / Interpleader Davidson, David A.

Date Date Filed 1854

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Recognizance

Case Summary Davidson bound for $100 to wright as security for Wright to appear in court. Circuit ruled that the remission of Wright discharged Davidson. Supreme Court said remission not applicable to the recognizance.

Title Supreme Court Case Files

Title State of Missouri v. Graham, John

Alternative Title 46 Mo. 490

Contributor Plaintiff in Error State of Missouri

Defendant in Error Graham, John

Judge Wagner, David

Date Date Filed 1870

Term of Court 1870

Term Month October

Coverage County Jefferson

District Second District Court

Description Proceedings civil

Disposition affirmed

Cause of Action killing a hog

Case Summary John Graham was convicted of killing Husky's hog.

Title Supreme Court Case Files

Contributor Respondent State of Missouri

Appellant Hilderband, William

Date Date Filed 1840

Coverage District Fourth

County Jefferson

Description Proceedings Criminal

Disposition Reversed

Cause of Action Grand Larceny

Case Summary Unproven venue on first count of "stealing a mare"; victim of theft: Harness, Allen.

Title Supreme Court Case Files

Contributor Appellant State of Missouri

Respondent Hinson, Isham

Date Date Filed 1841

Coverage County Jefferson

Description Proceedings Criminal

Cause of Action Adultery

Case Summary With his sister-in-law; found guilty, $100 plus 1 month in jail.

Title Supreme Court Case Files

Contributor Respondent State of Missouri

Appellant McKay, Burt

Date Date Filed 1849

Coverage County Jefferson

Description Proceedings Criminal

Cause of Action Grand Larceny

Case Summary Of gold coins from William H. Timberlake.

Title Case Files

Contributor Plaintiff State of Missouri

Defendant Shuffield, John

Date Term of Court 1827

Term Month Nov

Coverage County St. Louis City

Description Proceedings Criminal

Cause of Action Horse stealing

General Notes Victim: Jonathan Drinnen; change of venue from Jefferson County

Title Supreme Court Case Files

Contributor Appellant State of Missouri

Respondent Steen, James

Date Date Filed 1828

Coverage County Jefferson

District Third

Description Proceedings Criminal

Disposition Reversed

Cause of Action Assault and Battery

General Notes See circuit transcript in oversize 4/5.

Case Summary Due process requires grand jury for breaches of peace; alleged victim: Wiley, J.

Title Supreme Court Case Files

Contributor Respondent State of Missouri

Appellant Wilkson, Fight, & Bates

Date Date Filed 1848

Coverage County Jefferson

Description Proceedings Criminal

Cause of Action Attachment

Case Summary Wilkson, et al, sued to have execution satisfied.

Title Supreme Court Case Files

Series Supreme Court Case Files

Title State of Missouri v. Wilson, Augustus

Contributor Respondent State of Missouri

Appellant Wilson, Augustus

Appellant / Attorney Gale, Daniel L.

Judge Wagner, David

Date Date Filed 1866

Date of Trial 1866

Term of Court 1866

Term Month October

Year of the Opinion 1866

Coverage Circuit Jefferson

Description Proceedings Civil

Disposition Stricken from the Docket

Cause of Action Judicial Procedure

Cause of Action Murder

Case Summary This is an appeal from the Jefferson County Circuit Court. Apparently, the appellants were not present at the courthouse when they were found guilty by a jury, and as such they are allowed to try for an appeal.

General Notes This case was ordered to be stricken from the docket.

Title Supreme Court Case Files

Contributor Appellant / Deceased Stone, John

Appellant / Administrator Tagart, John

Respondent State of Indiana

Date Date Filed 1851

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Recovery

Case Summary Affirmed circuit jury instruction that statute of limitations did not start until stone in Missouri.

Title Superior Court Case Files

Contributor Respondent Strickland, Abner

Appellant Wood, Abner

Date Date Filed 1820

Coverage County Jefferson

Description Proceedings Civil

Cause of Action Action on Debt

Case Summary Owed $215.70 from a prior court judgment.

Title Supreme Court Case Files

Contributor Appellant / Administrator Tagart, John

Appellant / Deceased Sloan, John

Appellant Sloan, Mary

Appellant Sloan, Priscilla

Appellant Sloan, Elizabeth

Respondent Sloan, Levi

Appellant Ward, James B.

Appellant Sloan, Benjamin

Appellant Sloan, Eliza Jane

Respondent Wilson, John

Appellant Foster, Chapel L.

Appellant Williams, James

Date Date Filed 1853

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Recovery

Case Summary Sloan, Levi was sent to purchase a plot of land at a sheriff's sale for Sloan, John. Levi Y. had land deeded to himself after using John's money for purchase. Heirs of John seeking to claim property. court held there was no basis for circuit's judgment.

Title Supreme Court Case Files

Contributor Appellant The Mammoth Mining Company

Respondent Churchill, Levi

Respondent Chamberlin, Frederick B.

Date Date Filed 1854

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Action on Debt

Case Summary Chamberlin and Churchill won a judgment against Mammoth for sum of $28. Mammoth moved to quash execution. Court held that Redding, J.V. as acting president of company was the proper person to serve execution on and execution was proper.

Title Supreme Court Case Files

Series Supreme Court Case Files

Title Hendrickson, Rebecca J., Administrator , & Co. v The St. Louis and Iron Mountain Railroad Company

Contributor Appellant The St. Louis And Iron Mountain Railroad Company

Respondent Hendrickson, Rebecca J.

Judge Dryden, James

Appellant / Attorney Primm And Taylor

Respondent / Attorney Beal And Hendrickson

Date Date Filed August, 1863

Term Month October

Year of the Opinion 1863

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Recovery

Case Summary Plaintiff brought suit against defendant for damages to 96 cords of wood taken and damaged from plaintiff's property. Awarded $192 for damages in lower court because defendant failed to appear for trial.

Title Supreme Court Case Files

Title O'Fallon v. The St. Louis and Iron Mountain Railroad Company

Contributor Appellant The St. Louis And Iron Mountain Railroad Company

Respondent O'Fallon, John

Date Date Filed 1859

Term of Court 1859

Term Month October

Coverage County Jefferson

Description Proceedings Civil

Disposition Dismissed by Appellant at their Costs

Cause of Action Petition for Just Compensation

Case Summary O'Fallon claimed to have sold the railroad $2,843.75 worth of ties. He further stated that the company promised to pay him a bonus for delivering on time. The railroad company did not pay him for the ties or award the promised bonus. The defendants demurred due to insufficient evidence for the cause of action. O'Fallon won $4245.28, and the appeal was later dismissed by the appellants.

Title Superior Court Case Files

Contributor Appellant United States

Respondent Todd, Moses

Date Date Filed 1819

Coverage County Jefferson

Description Proceedings Criminal

Cause of Action Murder

General Notes See also 47/23.

Case Summary Murder of Benjamin Quick with gun.

Title Superior Court Case Files

Contributor Respondent Todd, Moses

Appellant United States

Date Date Filed 1820

Coverage County Jefferson

Description Proceedings Criminal

Cause of Action Murder

General Notes See also 47/20.

Case Summary Murdered Benjamin Quick with a gun.

Title Supreme Court Case Files

Contributor Appellant Valle, Francois B.

Respondent Rector, Wharton

Respondent Oden, Robert

Appellant Valle, Jean Baptiste

Respondent Bean, Johnathan L.

Appellant Janis, Antoine

Date Date Filed 1828

Coverage County Jefferson

Description Proceedings Civil

Cause of Action Land Dispute

Case Summary Patents and boundaries, slaves used to dig boundary lines.

Title Supreme Court Case Files

Contributor Respondent Vanzant, Abner

Appellant Fletcher, Clement B.

Date Date Filed 1822

Coverage District Third

County Jefferson

Description Proceedings Civil

Disposition Reversed

Cause of Action Action on Debt

Case Summary Vanzant liable on $164 bond.

Title Supreme Court Case Files

Contributor Respondent Vanzaut, Abner

Appellant Barton, Joshua

Date Date Filed 1822

Coverage County Jefferson

District Third

Description Proceedings Civil

Disposition Affirmed

Cause of Action Action on Debt

Case Summary Writ issued was for recognizance, not damages.

Title Supreme Court Case Files

Series Supreme Court Case Files

Title Weinwick, George v. Bender, Joseph et al.

Contributor Respondent Weinwick, George

Respondent / Attorney Green, A.

Appellant / Attorney Beal, J.a.

Appellant Bender, Joseph

Appellant Bender, Nicholas

Judge Dryden, James

Date Date Filed 1861

Date of Trial 1862

Term of Court 1862

Term Month October

Year of the Opinion 1862

Coverage County Jefferson

Description Disposition Reversed and Remanded

Cause of Action Petition to Compel Payment

Case Summary A promissory note in the amount of $16.64 was refused when Weinwick tried to cash it in. Signing the note to change hands was not allowed.

Title Supreme Court Case Files

Contributor Respondent Wells, Solomon

Respondent Wells, Sarah

Appellant Spitts, Florence

Date Date Filed 1853

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Recovery

General Notes Note: Gamble did not sit for this case.

Case Summary Spitts married sister of Wells and lived on land willed to her. He made improvements to the land. When land was partitioned the lines were redrawn. He was later ejected from his property and now moves to recover cost of improvements. Court held for wells.

Title Supreme Court Case Files

Contributor Appellant Whitsett, James

Respondent Gharty, David

Date Date Filed 1852

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Account

Case Summary Whitsett sued for a store account of $13.85, he won a judgment for $2.25 but the circuit dismissed the appeal; court reinstated the appeal as valid.

Title Case Files

Contributor Defendant Wideman, Meredeth

Plaintiff Magenis, Arthur

Date Term Month Nov

Term of Court 1826

Coverage County St. Louis City

Description Proceedings Civil

Cause of Action Assumpsit

General Notes For service as attorney and counselor in murder trial of Pierre Auguste Labeaume; change of venue from Jefferson

Title Supreme Court Case Files

Contributor Appellant Wilcox, Abraham

Respondent Strickland, William

Respondent Daniels, John

Date Date Filed 1855

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Detainer

Cause of Action Forcible Entry

Case Summary Wilcox sued Daniels for forcible entry and detainer. Daniels file a recognizance saying he would pay all damages/rent/etc. Wilcox never prosecuted recognizance and Daniels moved for court to dismiss it. Court held Wilcox can still recover on recognizance.

Title Supreme Court Case Files

Title Wiley v. Robert

Contributor Respondent Wiley, Augustine

Appellant Robert, Louis

Judge Richardson, John C.

Date Date Filed 1857

Term of Court 1858

Year of the Opinion 1858

Term Month October

Coverage County Jefferson

Description Proceedings Civil

Disposition Reversed and Remanded

Cause of Action Recovery

Reference 27 Mo. 388

Case Summary As Sheriff, Wiley was ordered to sell off a tract of land. Robert was the purchaser, but he did not pay. In his defense he stated that he and the owner were going to agree upon the price of the sale. Wiley motioned for the answer to be stricken; it was. In the appeal, Robert claimed that the deputies were not authorized to make the sale official. The high court ruled in favor of Robert. They found that striking Robert's answer was wrong, for it was vital to his case.

Title Supreme Court Case Files

Title Wiley v. Robert

Contributor Respondent Wiley, Augustine

Judge Napton, William B.

Appellant Robert, Louis

Date Date Filed 1860

Term of Court 1860

Year of the Opinion 1860

Term Month October

Coverage County Jefferson

Description Proceedings Civil

Disposition Affirmed

Cause of Action Petition to Compel Payment

Reference 31 Mo. 212

Case Summary This case had been heard by the Supreme Court once before. Wiley had acted as Sheriff in selling a tract of land. He claimed that Robert was the purchaser and signed a memorandum declaring so, but that he never paid. Robert claimed that the clerks who authorized the memorandum acted fraudulently as they were not agents acting for him. The judges sided with Wiley. They were not satisfied with Robert's claim, as he could not produce a written copy of the contract he said he had with the land's owner to purchase the tract outside of the official sale by the Sheriff.

Title Supreme Court Case Files

Series Supreme Court Case Files

Title Livermore, Heber, et al. v Wright, Henry H.

Contributor Appellant Wright, Henry H

Appellant / Attorney Noell, John W.

Respondent / Attorney Garesche And Farish

Respondent Livermore, Heber

Date Date Filed October, 1862

Term Month October

Year of the Opinion 1863

Coverage County Jefferson

Description Disposition Affirmed

Cause of Action Mechanics' Lien

Case Summary Plaintiff/respondent furnished Wright with tools and materials for the erection of a building and then placed two mechanics liens against the property because the materials were delivered at two different times. Appellant disputes the placing of two liens against the property for the said materials.

Series – Freedom Suit

Year - 1832

Term of Court - Jul

Case Number - 55

Plaintiff - Matilda, a woman of color

Defendant - Mitchell, Henry G.; Russell, Henry

Action - Trespass, assault & battery, false imprisonment

Verdict - Freedom Suit - Plaintiff won case and freedom. Decision may have been reversed on appeal.

Office - St Louis City Circuit Court Clerk

Court of Record -

Case Type - Civil

General Notes - Plaintiff sued defendants for imprisonment, sought $500 damages; writ of habeas corpus included; plaintiff held in Jefferson County for safekeeping; defendant Mitchell initially not found.

Series – Freedom Suit

Year - 1832

Term of Court - Jul

Case Number - 50

Plaintiff - Nathan, a person of color

Defendant - Field, Alexander P.; Mitchell, Elijah

Action - Trespass, assault & battery, false imprisonment

Verdict - Freedom Suit - Defendant won. Plaintiff not freed. Decision may have been reversed on appeal.

Office - St Louis City Circuit Court Clerk

Court of Record -

Case Type - Civil

General Notes - Defendant also spelled Alexander P. Fields; plaintiff son of free woman Lydia in St. Clair County, IL; alleged defendants kidnapped him & took him on the way to Herculaneum, Missouri; sought $600 damages; defendants arrested in Jefferson County, Missouri.

Series – Freedom Suit

Year - 1832

Term of Court - Jul

Case Number - 57

Plaintiff - Anson, a boy of color

Defendant - Mitchell, Henry; Russell, Henry

Action - Trespass, assault & battery, false imprisonment

Verdict - Freedom Suit - Plaintiff won case and freedom. Decision may have been reversed on appeal.

Office - St Louis City Circuit Court Clerk

Court of Record -

Case Type - Civil

General Notes - Plaintiff, who sued by next friend William Clark, sought $500 damages; writ of habeas corpus included; defendants arrested in Jefferson County on charges of kidnapping.

Series – Freedom Suit

Year - 1833

Term of Court - Jul

Case Number - 9

Plaintiff - Sarah, a girl of color

Defendant - Johnson, Thomas; Johnson, Janus

Action - Trespass, assault & battery, false imprisonment

Verdict -

Office - St Louis City Circuit Court Clerk

Court of Record -

Case Type - Civil

General Notes - Plaintiff claimed she was free, living in Jefferson County, Missouri; sued by next friend Isham Williams & sought $500 damages; sold to trader & feared sale to Mississippi or Louisiana; plaintiff's death suggested & suit abated.