James Fernon and John Connelly v. James Smith
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county of St LouisCircuit Court
Circuit CourtCircuit Court

James FernonJames Fernon and John
Connelly by their Attoney complain
of James Smith of a plea, for that the
said SmithSmith on the ninth day of may eighteen hundred and seventeen at the town of StLouisSt Louis
in the aforesaid county, justly took twenty
packs of raccoon skins, (of the value of four
thousand dollars) and fifteen packs of
muskrat skins, (of the value of three thousand
dollars) of the goods chattels & property of
the said FernonFernon , & Connelly,, and the same
unjustly detain, to the damage of the plaintiffs
five thousand dollars, wherefore


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The above named plaintiffs upon their
oath state that they verily, belive the property
above complained of to be , is worth

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The sum of one thousand dollars.

John Connelly,


JamesJames Formon

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Sworn to & subscribed before me
their 10th day of May 1817

. . &

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MissouriMissouri Territory
County of St LouisCounty of St Louis


ss

The United StatesUnited States of AmericaAmerica
to the Sheriff of said County
greeting

We command you that if JamesJames Forman, and John
Connelly, shall make you secure you cause to be replaced
twenty packs, of raccoon, skins of the value of four thousand
dollars and fourteen, packs of muskrat, skins
of the value of three thousand dollars and deliver, the
same to the said & the property, of the
said FernonFernon and Connelly as they say which said skins
are detained by SamuelSamuel SmithSmith against sureties, &
pledges, and that you the said SamuelSamuel B Smith
B SmithSamuel B Smith that he be an appear before the
Judge of our circuit court on the first Monday
of August next then there to answer unto the said JamesJames Fernon FernonJames Fernon ,
and John Connelly, of a plea for that the said SmithSmith on the ninth day of may eight hundred and seventeen at the town of StSt Louis
LouisSt Louis in the aforesaid County unjustly, took twenty Packs, of
Racoon, skins and fifteen, packs of muskrat, skins of the,
goods and chattels, of the said FernonFernon and Connelly, to the
damage of, the said plaintiff five thousand dollars and
there this writ

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M.PP Leduc . LeducP Leduc , Clerk of our said court at
the town of St LouisSt Louis this tenth day of may the year of our Lord one, thousand eight hundred and and seventeen and of the
the forty first

M.PP Leduc .LeducP Leduc ,Clk

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This writ was executed on the 12th day of may 1817 by taking twenty
four packs of pelts, consisting of
Beaver pelts, Muskrat, Raccoon,,
Deer skins & bear, skins and delivering,
them up to plaintiff as
commanded, by the also summon the
deponant in the Town of St LouisSt Louis


service & $ 1.50
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T No 6. 1817
FernonFernon , & Connelly,
vs
JamesJames B BJames B ,SmithSmith

Nov
This is an action of
& the clerk
will please, to issue,
his writ accordingly

R WashR Wash


Atty P.2.
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Filed May 10th 1817
Clk
The plaintiff have and saith
that the of the value
of one the Dollars


(may 10)
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know all men by : their presents that we
JamesJames Fernon FernonJames Fernon , & John John Connelly, is prin,
cipals, and Thomas HanlyThomas Hanly as security
are held and firmly bound, unto SamuelSamuel B Smith
BSamuel B Smith SmithSamuel B Smith , in the Just & full sum of two
thousand dollars, well & truly to be paid
upon the following condition

whereas the said JamesJames Fernon FernonJames Fernon , and
John Connelly, have this day forth
a writ of against the said
JamesJames B ,BJames B SmithSmith for certain packs, of
which are about to be seized, & delivered, up to the said JamesJames John & JohnJames John ,
Raccoon skins, & Muskrat skins, & now
therefore if the right to
the said furs, shall be adjudged against
the said JamesJames John & JohnJames John , & they shall there
upon restore the furs, aforesaid to the
said SmithSmith then this obligation shall
be said otherwise to remain in full
force, & effect.

Intestimony whereof the said JamesJames Fernon
FernonJames Fernon , & John Connelly, and Thomas HanlyThomas Hanly
have herento set ther hands, & seals,, this
17th day of may 1817.

J. Connelly

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JamesJames Fernon FernonJames Fernon

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Th Hanly

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Samuel B SmithSamuel B Smith
ads
Fernon G Connelly

Pleas in
In the Circuit CourtCircuit Court
October Term 1817

.

And the said defendant by M
M Girk his attorney comes and defends the wrong
and injury when and where & C and says that he did
not take the property goods and chattels in the said
declaration mentioned or any or any part thereof in
manner and form as they the said plaintiff have above
thereof complained against him and of this he the said
SamuelSamuel puts himself upon the Country

And the said SamuelSamuel for further plea in
this behalf says that the said plaintiffs of having and main
taining their said action thereof against him ought
to be bared and precluded Because he says that the
property of the said goods and chattels in the said
declaration at the said time where it is alleged he
took the same from the said plaintiffs was in him
self the said SamuelSamuel to wit, at Saint LouisSt Louis.

without this that the property of the said goods &
Chattels or any part thereof at the said time mentioned
in the said declaration was in the said plaintiffs
as by the said Declaration above supposed And this
he the said SamuelSamuel is ready to verify wherefore he
prays Judgment and a return of the said goods to be
adjudged, to him and that damages be assessed,
for the of the use of the said goods. and his
Costs.

And the said SamuelSamuel for further plea in
this behalf says the said plaintiffs of having and

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maintaining their aforesaid action thereof ought to be
bared and precluded Because he says that at the
time of the supposed taking of the goods pettrics and
furs mentioned in the plaintiffs declaration they
the said plaintiffs and the said defendant were in
partnership for the purpose of trading with the
Indian tribes residing on the MississippiMississippi River, RiverMississippi River &
its contributary streams, and that the said goods
at the time mentioned in the declaration were
the joint goods and Chattels, of them the said
plaintiffs and the said defendant as partners as
aforesaid, without this that they were the goods and
chattles of the said plaintiffs at the time mentioned
in the said declaration as thereby supposed and
this he the said SamuelSamuel is ready to verify Wherefore
he prays Judgment and a return of the said
goods and chattels may be adjudged to him
and that he may have his damages assessed,
for the loss of the use of said goods & chattels
and that his costs be allowed him

MM McGirk McGirkM McGirk attorney


for Deft
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Samuel B SmithSamuel B Smith
ads
FernonFernon & Connelly

Plea.

Filed oct 31st 1817 M P LeducP Leduc ,
clk By

A.P.McGirk Dlk

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Territory Of MissouriMissouri, County Of St. LouisSt Louis, sct.

The United StatesUnited States of AmericaAmerica, to the Sheriff of S LouisS Louis County,
Greeting.

You are hereby commanded to summon John Manson,
that setting aside all manner of execuse and delay he be and appear in proper per
son before the judge of our circuit court on the 10th day of June
at the town of St. LouisSt Louis, then there to testify and the truth to say in a certain matter of contro
versy now pending in our said court, wherein FernonFernon & Connelly,
are plaintiff, and J B SmithB Smith is defendant,
on the part of the defendant and have you then and there this writ.

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Witness, ArchibaldArchibald gamble Clerk of our said circuit court,
at the town of St. LouisSt Louis, this 9th day of Junein the year of our Lord, one thousand eight hundred and eighteen
and of the Independence of the United StatesUnited States, the Forty second

A gamble

Clerk, of St. LSt Louis.C.C.
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Executed


Service 33
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J B Smith, Smith
ads
FernonFernon & Connelly,

John Manson,


10th of June 1818
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MissouriMissouri Territory,
St.Louis County,


Ss.

The United StatesUnited States of
AmericaAmerica, to the sheriff of said county-Greeting.

We command you to attach John Manson
if he may be found within your bailiwick and bring him
forthwith before the judge of our circuit court now setting at the
town of St. LouisSt Louis, within and for the county of St. LouisSt Louis, then there
to answer unto the United StatesUnited States of AmericaAmerica, touching a certain
contempt by him committed in to attending as a witness in
the case of JamesJames Fernon FernonJames Fernon , and Jn Connelly,
plaintiff and Samuel B SmithSamuel B Smith
defendant, on the part of the Defendant after being
legally summoned by the sheriff of said county, and have you then

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Witness A GambleArchibald Gamble clerk of our
said court, at the town of St. LouisSt Louis, this
16th of June in the year of our Lord one thousand, eight hundred and Eighteen and
of our independence the forty second,

A GambleArchibald Gamble Clerk

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not, 29 found,


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Alla
circuit Court
June FernonFernon ,


vs
James BJames B SmithSmith

for

John manson


forthwith
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Territory Of MissouriMissouri, County Of St. LouisSt Louis, sct.

The United StatesUnited States of AmericaAmerica, to the Sheriff of St Louis County,
Greeting.

You are hereby commanded to summon JosephJoseph
that setting aside all manner of execuse and delay he be and appear in proper
person before the Judge of our Circuit court on the Forthwith
at the town of St. LouisSt Louis, then there to testify and the truth to say in a certain matter of contro
versy now pending in our said court wherein FernonFernon & Connelly
is plaintiff, and SamuelSamuel B Smith ,BSamuel B Smith SmithSamuel B Smith ,
he part of the Deft and have you then there this writ.

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Witness, ArchibaldArchibald gamble Clerk of our said circuit court,
at the town of St. LouisSt Louis, this 17 th day of Junein the year of our Lord, one thousand eight hundred and eighteen
and of the Independence of the United StatesUnited States the forty second

A gamble

Clerk, St. LSt Louis.C.C.
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Excuted

Jn W Thompson


ser 33
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vs
smith

for


forthwith