Jeffrie vs. Joseph Robdoun
View original image: Page  099
[missing figure]

MissouriMissouri, County of St LouisCounty of St Louisss = I Archibald GambleArchibald Gamble Clerk
of the Circuit CourtCircuit Court for the county of St LouisSt Louis do certify that the
above is a true copy of the orders made in the case of Jeffry
vs - Joseph RobidouxJoseph Robideaux at the November Term of the Circuit CourtCircuit Court
for the County of St LouisCounty of St Louis in the year Eighteen hundred and twenty nine as the same now remains in my Office SS Given under
my hand and the seal of the said Circuit CourtCircuit Court at office this
Thirteenth day of February Eighteen hundred and thirtyArchibaldArchibald Gamble
GambleArchibald Gamble Clerk" = On which said Notice is endorsed the following return
Return to wit "Served this Notice or order of Court upon JosephJoseph Robi-
doux by shewing to him the notice & further by reading to him the
same, at the city of St LouisSt LouisFebruary 13# 1830 = R SimpsonR Simpson Sheriff
by D E Cyler Depty Shff" And afterwards to wit on Friday the
twenty seventh day of June Eighteen hundred and thirty the follow-
ing further proceedings were had in said Cause to wit âJeffrey
vs = Joseph RobidouxJoseph Robideaux = On mature deliberation it is considered
by the court that the motion of the said Jeffrey to set aside
the Judgment heretofore rendered in this case be overruledâ =
To which decision of the court overruling said motion the Plaintiff by
his attorney & af excepted and file afterwards to wit on the thirty
first day of August in the year eighteen hundred and thirty filed his
Bill of Exception which is in the words and figures following to wit
Bill of Exceptions âJeffrey = vs = Robidoux St LouisSt Louis Circuit = Be it [ remember ] that on the
to show cause why the Judgment rendered in this cause should not be
set aside for irregularity the said RobidouxRobideaux showed for cause nothing but
the record and proceedings in said Cause = The said Jeffrey showed that all
the authority which RachaelRachael Camp who prosecuted said suit as his guard-
ian or next friend had for so doing was derived from an order of which
the following is a copy = JeffrieJeffrie by his next friend RachelRachel Camp = vs =
Joseph RobidouxJoseph Robideaux Robert WashRobert Wash presents the petition of JeffrieJeffrie
praying that he may be permitted to institute a suit against
Joseph RobidouxJoseph Robideaux for establishing his right to freedom and that
he may be permitted to sue as a poor person = thereupon the court
permit the said JeffrieJeffrie to sue as aforesaid and direction action
of assault and Battery and false imprisonment to be brought
in the name of the said JeffrieJeffrie by his next friend RachaelRachael Camp
against the said JosephJoseph Robidous and it is orderd by the

View original image: Page  100
[missing figure]
Court that the said defendant permit the said JeffrieJeffrie to have a
reasonable liberty of attending his counsel and the court when
occasion may require it and that the said petitioner shall not be
taken or removed out of the Jurisdiction of this Court or be sub=
ject to any seventy of treatment on account of his application
for freedom = The said Plaintiff also offered to prove that at the time
of the commencement of said suit and at the time of the condition of
the verdict & judgment he was an infant under the age of twen=
ty one years, namely that he was born the fourteenth day of May 1806 = The Court refused to hear the evidence, discharged
the rule & refused to set aside said judgment for irregularity
To the decisions of the court in refusing to hear the evidence
offered as aforesaid in discharging said rule & refusing to set
aside said judgments said Jeffry excepts & tenders this Bill of
exceptions which is signed and sealed and made part of the
records WillWill C CarrCarr Seal
[missing figure]
And afterwards to wit on the
first day of November eighteen hundred and thirty one, was filed
in the Office of the Clerk of the Circuirt Court aforesaid, a transcript of the opinion
of the Supreme CourtSupreme Court in this case which is in the words and figures
Opinion Sup Court following to wit "JeffrieJeffrie = vs= Robidous = In Error = It appears by
the Record that in the year 1822JeffrieJeffrie the Plaintiff in Error by RachelRachel
Camp his next friend by Robert WashRobert Wash Esqr. An Attorney as law
presented his petition to the Circuit CourtCircuit Court of St Louis County for leave
to sue as a poor person for his freedom = The leave was granted, the suit
was instituted and the proceedings afterwards were carried on by
Jeffrie & R Camp the next friend by their attorney - a trial was had
verdict and judgment were against JeffrieJeffrie , at a subsequient Term
of the court JeffrieJeffrie moved the court to set aside the Judgment on
the ground of the proceedings being irregular and produced evi=
dence to show that at the time the suit was instituted & judgment
rendered he was an infant under the age of twenty one years, the
court refused to set the proceedings aside & the whole case is brought
to this court by a writ of Error = The points made by the plaintiff
in error are, that the court erred in refusing to set aside the Judgment for irregularity
Secondly that the plaintiff appeared by a next friend and by at=
torney in the court below do that if he were an infant the