Preston, a man of color v. George W. Coons
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[missing figure]

PrestonPreston of Color
Geo M Coon admin of
MiltonMilton Duty Decd

In St. Louis Circuit CourtCircuit Court
April Term 1845

And the said defendant
by attorney comes and moves the court to
dismiss the above entitled cause for the following

1. Because the process issued in this
cause was illegal and granted without authority
of law

2 Because the said plaintiff had
no right to install an action without first
filing an affidavit according to the provisions
of the statute in such case made &

3 Because there is no sufficient affi-
davit filed herein

4 Because the said supposed affi-
davit is illegal & informal

5. Because said plaintiff being a
negro he could not make an affidavit
against the deft who is a white man

6. Because the complaint and
affidavit are in other respects informal
and insufficient

7. Because the clerk acted with
out legal authority in permitting the
plaintiff to sue in manner aforesaid

WalkerWalker Hudson & HudsonWalker Hudson atty
for deft