John Paul Stone et. al. v. Tallot Chambers et. al.
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In the Superior CourtSuperior Court .
august Term 1818.

northern circuit Court; to wit John Paul Stone, Ram
sey Crooks, and RobertRobert Stuart StuartRobert Stuart ,, citizens of the
state of New YorkYork , merchants and partners in
trade merchandising, and carrying, on Trade with
the northwestern tribes, of indians under the style,
and firm up of the "american fur, company"
by their attorney complain of Tallot Chambers WilliamWilliam J Blaire, and
WilloughbyWilloughby Morgan ,MorganWilloughby Morgan of a plea of trespass, with
force and arms: For that the said TalbotTalbot Chambers
ChambersTalbot Chambers William S. Blair and WilloughbyWilloughby Morgan ,MorganWilloughby Morgan on the
eighteenth day of September in the year of our Lord one thousand eight hundred and seventeen with force and arms at Fort Bramford
in the MichiganMichigan territory to wit,: court at the
County of S LouisCounty of S Louis in the northern Circuit of
the territory of missouri aforesaid, seized, and
took two certain boats, of the said plaintiff together
with the goods wares, and merchandise, of the plaintiff
on board the said boats of great value court
to wit of the value of twelve thousand dollars
and in which said boats, the said plantiffs were
then and there carrying and intended to carry

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the said goods wares, and merchandise to trade and
barter with the northwestern indians and then and
there carried away the said boats together with the
goods wares and merchandise on board thereof and
kept and detained the same for a long time, to wit
for the space of three months. Whereby the said
plaintiffs were hindered and prevented from carrying
on their said trade with the said indians for that
season and last and were deprived, of all, the
profits benifit and advantage which might and would
otherwise, have and accrued, to them therefrom
to wit at the county aforesaid.

And for that also the said defendants after
wards to wit, on the day and year aforesaid with force
and arms at the place aforesaid, seized, took and
carried away certain other boats with the cargo of goods
wares and merchandise on board, court two other
boats with their cargoes the goods and chattels, of the
said plaintiff of great value court of the value
of twelve thousand dollars, then and there found
and being and converted and disposed of the same
to their, own use and other, wrongs to the
plaintiffs the said defendant then and there did
to the great damage of the said plaintiffs and
against the peace and dignity of the united
states. Wherefore the said plaintiffs say they are
injured and have sustained damage to

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The amount of twelve thousand dollars and therefore
they sue,

D. Barton atty
for plff.

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At which said day to wit on the first monday of
august in the year aforesaid comes the said
Talbot ChambersTalbot Chambers by his attorney
and defend the wrong and injury when and
says he is not guilty of the premises in manner
and form as above thereof the plaintiffs have
alleged, against him and of this he puts, himself
upon the county and this plantiff do the
like

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No 200

April Term 1821

John Paul Stone,
Ramsey Crook &
RobertRobert Stuart StuartRobert Stuart ,
vs
Talbot ChambersTalbot Chambers
with WilloughbyWilloughby Morgan ,MorganWilloughby Morgan
& William S. Blair

Declaration plea filed
of august Term of the
Superior CourtSuperior Court 1878.

A. GambleArchibald Gamble clk,

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Know all men by these presents, That we Tolbat,ChambersChambers
John O Fallen & James AJames A are held and firmly bound unto
John W. ThompsonJohn W Thompson , Sheriff of the County of St. LouisCounty of St Louis, his assigns or suc-
cessors in office, in the sum of six thousand dollars
currency of the
United StatesUnited States, to which payment well and truly to be made, we bind our-
selves and each of us by himself, our and each of our heirs, execu-
tors, administrators and assigns, firmly by these presents. Sealed with
our seals and dated this 25th, day of June in the year of our Lord one thousand eight hundred and eighteen

The Condition Of The Above Obligation Is Such, That
if the above bound Tolbot ChambersChambers
shall appear at the superior court
to be held at the town of St. LouisSt Louis, on the fourth monday
of August next, to answer unto John
Ramsey Crooks and Robert StuartRobert Stuart , citizens of
the state of new york merchants and partners in trade
merchandise and carrying on trade with the northwestern tribes,
of Indians under, the style, and firm of the American Fur,
company in plea â trespass, to this damage fifteen, thousand
dollars and judgment be given against at that or any subsequent
term of said court, that the said Tolbot ChambersChambers will
pay the Damages aforesaid and costs, or the amount
of the condemnation of the court, or surrender himself in execution there-
of, or that the said John O. Fallan and JamesJames A ,
AJames A Gimegel,
will do it for ; then the above obligation to be void, else to
remain in full force and virtue in law.

Signed sealed and delivered
in the presence of

J. Chambers,

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John,. O' Fallan

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J.

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50

39

39

143

39

1,00

$4,10

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Territory Of MissouriMissouri,
Northern Circuit.

ss.

The United StatesUnited States of AmericaAmerica to RussellRussell ,
Greeting.

You are summoned that all excuses and delays being set aside you
personally be and appear before the judges of the superior court of our terri-
tory aforesaid at our said superior court-
to be held in and for the northern circuit at the town of St. LouisSt Louis, on the thirteenth day of April being the fifth day of the April term of our said court,
to testify and the truth to tell in a certain case then and there to be tried, and wherein John Jacob Stone,
â, others are plaintiff and Talbot ChambersTalbot Chambers
who is impleaded with Willoughby MorganWilloughby Morgan , defendant on the part of the
said Plaintiffs and from day to day
until duly discharged by the court, and not depart the said court without the leave thereof-and
of this fail not at your peril, and our sheriff of our county of St LouisSt Louis, is hereby
commanded then and there to make return of this our writ and certify to our said court how he
executes the same.

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Witness the Honorable Silas BentSilas Bent ,
Esquire presiding judge of our said court this ninth day ofApril in the year of our Lord one thousand eight hundred and nineteen and of our independence the forty third,

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April

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court N. Circuit

John Jacob Stuart â others,
vs
TalbotTalbot Chambers ,ChambersTalbot Chambers


RusselRussel Farham,

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I Served this writ
on RusselRussel Furham,
by reading it to him
24th April 1819 inTown of St. LouisSt Louis

BrownBrown

by JohnJohn K Walker K WalkerJohn K Walker ,

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service, - 33 est
travel, - 6
39

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Territory Of MissouriMissouri,
Northern Circuit,

ss.

The United StatesUnited States of AmericaAmerica to Russell FarnhamRussell Farnham ,
Greeting

You are summoned that all excuses and delays being set aside you
personally be and appear before the judges of the superior court
of our territory aforesaid at our said superior court
to be held in and for the northern circuit at the town of St. LouisSt Louis
on the twenty fourth day of September next, being the fifth day of the September term of our said court, to testify and the truth to tell in a certain case
then and there to be tried, and wherein John Jacob Stuart, and others are
plaintiff and TalbotTalbot Chambers ,ChambersTalbot Chambers who is with WilloughbyWilloughby Morgan ,
MorganWilloughby Morgan , and others defendant on the part of the said Plaintiffs
and from day to day until duly discharged by the court, and not depart the
said court without the leave thereof-and of this fail not at your peril and our sheriff of our coun-
ty of St. LouisSt Louis is hereby commanded, then and there to make return of this our writ
and certify to our said court how he executes the same.

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Witness the Honorable Silas BentSilas Bent ,
Esquire presiding judge of our said court this thirteenth day ofAugust in the year of our Lord one thousand eight hundred and nineteen and of our independence the forty fourth

C.

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SuperiorSuperior Court court N. court
September Term 1879

JohnJohn Jacob Aster Jacob AsterJohn Jacob Aster ,
others
Talbot chambers

24th september
RussellRussell Farnham FarnhamRussell Farnham ,

RussellRussell Farnham FarnhamRussell Farnham ,
not found

John K.WalkerJohn K Walker

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Territory Of MissouriMissouri,
Northern Circuit,

ss.

The United states of AmericaAmerica to PierrePierre Chouteau ChouteauPierre Chouteau ,
Greeting

You are summoned that all excuses and delays being set aside you
personally be and appear before the judges of the superior court
of our territory aforesaid at our said superior court
to be held in and for the northern circuit at the town of St.LouisSt Louis
forthwith, testify and the truth to tell in a certain case
then and there to be tried, and wherein John JacobJohn Jacob Aster ,AsterJohn Jacob Aster & others
plaintiff and Talbot ChambersTalbot Chambers who is
defendant on the part of the said Plaintiff
and from day to day until duly discharged by the court, and not depart the
said court without the leave thereof-and of this fail not at your peril and our sheriff of our coun-
ty of St. LouisSt Louis is hereby commanded, then and there to make return of this our writ
and certify to our said court how he executes the same.

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Witness the Honorable Silas BentSilas Bent ,
Esquire presiding judge of our said court this sixth day ofOctober in the year of our Lord one thousand eight hundred and nineteen and of our independence the forty fourth

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Executed this writ on ChouteauChouteau ,
in the town of St LouisSt Louis6th october 1819 who says he connot attend
in consequence of indisposition
2 39

KK Walker WalkerK Walker ,

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Sup. Court n Circuit
Sept term 1879

John J, Aster â others

Talbot ChambersTalbot Chambers ,


forthwith,

PeterPierre Chouteau ChouteauPierre Chouteau ,

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Territory Of MissouriMissouri,
Northern Circuit.

ss.

The United StatesUnited States of AmericaAmerica to RichardRichard ,
Greeting.

You are summoned that all excuses and delays being set aside you
personally be and appear before the judges of the superior court of our terri-
tory aforesaid at our said superior court
to be held in and for the northern circuit at the town of St. LouisSt Louis, forthwith,

to testify and the truth to tell in a certain case then and there to be tried, and wherein JohnJohn Jacob Aster
JacobJohn Jacob Aster ,AsterJohn Jacob Aster and others are plaintiff and TalbotTalbot Chambers ,
ChambersTalbot Chambers and others are defendant on the part of the
said plantiff and from day to day
until duly discharged by the court, and not depart the said court without the leave thereofâand
of this fail not at your peril, and our sheriff of our county of St. LouisSt Louis is hereby
commanded then and there to make return of this our writ and certify to our said court how he
executes the same.

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Witness the Honorable Silas BentSilas Bent ,
Esquire presiding judge of our said court this Sixth day ofOctober in the year of our Lord one thousand eight hundred and ninteen and of our independence the forty fourth

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SuperiorSuperior Court court N.C
september term 1879

John Jacob AsterJohn Jacob Aster ,

Tabbot ChambersChambers

forthwith,

RichardRichard

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Executed this writ on RichardRichard Groham,
in the town of St LouisSt Louis on 6th Day of october 1819

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John KJohn K Walker . WalkerJohn K Walker ,
Dshff,

service and travel,

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Territory Of MissouriMissouri,
Northern Circuit,

ss.

The United StatesUnited States of AmericaAmerica to RussellRussell ,
Farnhan,PeterPierre Chouteau ChouteauPierre Chouteau , Richard Graham Greeting

You are summoned that all excuses and delays being set aside you and each of
you personally be and appear before the judges of the superior court
of our territory aforesaid at our said superior court
to be held in and for the northern circuit at the town of St. LouisSt Louis
on the twenty sixth day of Aprilnext being the third day of the April term of our said court, to testify and the truth to tell in a certain case
then and there to be tried, and wherein John JacobJohn Jacob Aster ,AsterJohn Jacob Aster and others are
plaintiff and Talbot chambers
defendant on the part of the said plaintiff
and from day to day until duly discharged by the court, and not depart the
said court without the leave thereofâand of this fail not at your peril and our sheriff of our coun-
ty of St. LouisSt Louis is hereby commanded, then and there to make return of this our writ
and certify to our said court how he executes the same.

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Witness the Honorable Silas BentSilas Bent ,
Esquire presiding judge of our said court this twenty seventh day ofMarch in the year of our Lord one thousand eight hundred and twenty and of our independence the forty fourth

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served, this writ on PeterPierre Chouteau ChouteauPierre Chouteau , Law
in St. LouisSt Louis24th April 1820RussellRussell Farnhan,
not found in my county Richard Graham
not found in my county 20th April 1820

girk

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- 33 est
2 Est - 1.00
- 10
1.43

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SuperiorSuperior Court court n c
april Term 1820

JohnJohn Jacob Aster JacobJohn Jacob Aster ,AsterJohn Jacob Aster and
others

Talbot ChambersTalbot Chambers

29th april

RussellRussell Farnham FarnhamRussell Farnham ,

Richard
Graham,

PeterPierre Chouteau ChouteauPierre Chouteau ,

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State of MissouriMissouri
Third Judicial District

Be Be it, Remembered the to the provision,
in the twenty third section, of of the general assembly, of the State ofMissouri
MissouriMissouri, entitled act regulating the proceedings of the Supreme Court
Joseph Farmer clerk of the Superior CourtSuperior Court of the Terretiory of MissouriMissouri for the
northern Circuit have made and herewith certify a complete transcript, of the
minutes, and proceedings had in a certain, cause pending, in the said court Between
John JacobJohn Jacob Aster AsterJohn Jacob Aster ,, RamsayRamsay Crooks and Robert Stewart plaintiff,, and
Talbat ChambersChambers who is impleaded with WilloughbyWilloughby defendant with,
plea of trespass, victamin, in the words and figures following to wit-

September Term 1819October fifth

and now at this day come the parties aforesaid by their attornies,, and there
also comes a Jury to wit JonathanJonathan , Bout, John Little Rene Paul, Edward,
Kay, Philip , David B Hoffman,James LoperJames Loper , John L,
Sutter,, WilliamWilliam Risley, RichardRichard Millage, and Serge SmithSmith twelve, good
and lawful men who being duly elected, tried and sworn well and truly to try
the issue, joined between the parties aforesaid, and the said plaintiff being called
come do they further thus plea aforesaid against, the said
Talbot ChambersTalbot Chambers . Therefore it is considered by the court before the judges of the
said writ that the said Plaintiff take, nothing by their said writ, but he
for their false and that the said Talbot ChambersTalbot Chambers recover
against the said plaintiff his costs and changes by him about his defence in
this behalf laid out and expended, and that he have thereof
provided, however that or good cause to that effect by the said
Plaintiff the judgement of against thus shall and may be at a side.

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Which said transcript, together with all other papers, the declaration writ, of
plea excepted (not knowing, what has become of the having
out of the belonging thereto I have, sent to the clerk of the circuit
court of the county of St. LouisSt Louis

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In February, whereof I have hereunto, set my hand and,
affixed, the seal of the superior court of as and at StSt Louis-
LouisSt Louis circuit aforesaid at St LouisSt Louis the,,twenty second day of march 1821

atty s.c.n.c.

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of the clerk s.c.n.c. - $ 20.90
-
- 20
Certificate Item 50
$ 22,10

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John JacobJohn Jacob Aster AsterJohn Jacob Aster ,
â, others

T, Chambers
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Territory of MissouriMissouri
northern circuit

The United StatesUnited States of AmericaAmerica to any judge, or justice of the peace of the Territory of
MichiganMichigan , greeting-

and confidence in your intequity and circumspector do command and require
that, you cause to come before you such or person as may be named or provided to you by John JacobJohn Jacob Aster
AsterJohn Jacob Aster , Ramsey Crooks and RobertRobert Stuart StuartRobert Stuart , or any of, their or and them examine under
their to be by you administered, on the holy of Almighty god, touching their Know-
ledge of any thing that may relate to a certain suit now pending, in our superior court of our Territory of
MissouriMissouri, the northern circuit, Between the said John Jacob AsterJohn Jacob Aster Ramsey Crooks and RobertRobert Stuart StuartRobert Stuart ,
plaintiffs and Talbot ChambersTalbot Chambers who is impleaded with WilliamWilliam MorganMorgan , and defendant
on the part of the said plaintiff and having recieved, the said deposition so by you take as aforesaid into-
writing, you send the same with this commission under your seal to our said superior court with
all

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Witness the Honorable John Bc af our said court at
St LouisSt Louis this seventh day of october 1818 and af our and the fourty three

s.c.n.c.

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John JacobJohn Jacob Aster AsterJohn Jacob Aster , Ramsey Crooks
& RobertRobert Stuart StuartRobert Stuart ,
TalbotTalbot Chambers ChambersTalbot Chambers , who is

october 17th 1878

on motion, of the Plaintiffs by their attorney Mr Baston, it is ruled that,
to any judge or justice, of the peace of the Territory of MissouriMissouri,
to take the deposition of witnesses, for said plaintiffs-

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No. 200 April 1821
Superior CourtSuperior Court Northern Circuit
March Term 1819

John JacobJohn Jacob Aster AsterJohn Jacob Aster â others,
vs
Talbot ChambersTalbot Chambers who is impleaded
with others

court
$ 20.90 -

I.

filed April 1821

A GambleArchibald Gamble Clerk

David Barton atty

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No. 200

April Term 1821
Circuit CourtCircuit Court

John Jacob Astor
vs
Talbot ChambersTalbot Chambers imp.

filed may 30th 1825

Agamble

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St Louis Circuit CourtCircuit Court April Term 1821

John JacobJohn Jacob Aster AsterJohn Jacob Aster ,
RamsayRamsay Crooks &
RobertRobert Stuart StuartRobert Stuart ,
vs
Talbot ChambersTalbot Chambers who is impleaded with WilloughbyWilloughby Morgan ,
MorganWilloughby Morgan & William J,. Blair

At this term the plaintiffs moved to
take up this case as upon a rule to
why the nonsuit entered, at the September term of the Superior CourtSuperior Court of the year one thousand eight hundred and nineteen
should, not be set aside â a new trial,
granted, which was objected to by
who declined appearing for the Defendant; but,
who had been of counsel, for the Defendant
in said Superior CourtSuperior Court , on the allegation
that the cause was discontinued by reason
of no motion to set a side that nonsuit,
having been made nor the question disposed,
of or, taken up at either said September
or any following term of said SuperiorSuperior Court
CourtSuperior Court - the plaintiff moved leave,
to enter, the continuances in said case
as at said september term of the following
April term of the Superior CourtSuperior Court
which the court permitted â the, plaintiffs
entered the continuances - and it appeared
that neither at that September term now
at the succeeding term of the
Court was the whole of the Docket, of
those respective, terms gone through nor
the business, pending before the Court
disposed of at the respective, adjourn-
ments thereof - the plaintiffs insisted,
that the condition annexed, to the judgement,
entered on that nonsuit, the certifying
of the case to this Court as unfinished

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business, of the Superior CourtSuperior Court , showed
sufficiently that said cause was state pend-
ing, and that that conditional entry by
the Superior CourtSuperior Court was in legal effect
a rule, pending to shew cause why
that should be set aside
on cause shown, & that they had a right
now to show why it should be set aside
but this Court was of opinion that the
entry annexed, to said Judgment did not
amount to such rule, but only to a
kind of stipulation, at the time of suffering
the non suit for leave to make a
subsequent, motion to set it aside, and
on that opinion adjudged, the case, to be
dismissed, from the Docket, to which opinion the plaintiffs except, and
- In testimony,
whereof the plaintiffs may this their bill
of exceptions, to be signed by the Court,
which is done

. B.

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Chambers

Aster,

On the trial of this cause No. who had/as
he admitted been formerly of counsel, for the defendant,
and who at the June term of this Court in the year 1822. had appeared on his behalf and the
setting aside the nonsuit,/ appearing as the attorney for
the defendant, but offered, himself to the court as an
, and in that character attended the trial. On the rule, to
set aside the Judgment the same gentleman appeared and then
for the first time insisted, that the plea in the record had been
placed on the files, by the plaintiff's command, which was admitted,
but they contended, that it was the same in substance with the
plea filed originally, by the defendant, which was
which facts the defendant prayed, by his counsel, might be spread upon
the record - and the same is ordered to be done

M. B. Tucker,

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County of St. LouisCounty of St Louis, Sct.

The State Of MissouriMissouri,

To The Sheriff Of St Louis County-Greeting:

You are hereby commanded to Summon RusselRussel Farham,
that seeting aside all manner of excuse and delay he be and appear in proper person before the Judge of
our Circuit CourtCircuit Court , forthwith, at the town of St.Lious, then
and there to testify and the truth so say in a certain matter of controversy now pending in our said court,
wherein JohnJohn Jacob Aster Jacob AsterJohn Jacob Aster , & others plaintiff,
and Talbot ChambersTalbot Chambers is defendant,
on the part of the plaintiffs and have you then there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the
town of St. LouisSt Louis, this 29th day of October in the year of our Lord, one thousand eight hundred an twenty two

A GambleArchibald Gamble

Clerk, C.C.
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served, this on
RussellRussell , Farman
on the 29th october 1822
by reading it to
him in the
town ship, of
St LouisSt Louis,


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John JacobJohn Jacob Aster ,AsterJohn Jacob Aster
vs
Talbot ChambersTalbot Chambers

for RussellRussell Farman,

Forthwith, for
Plaintiff

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Joshna Barton Esq,

Sir

As counsel for the plaintiff in
the case, of John John Jacob, Aster and others against TalbotTalbot Chambers
ChambersTalbot Chambers & others you will, please to take notice that
on motion, of myself as counsel, for said ChambersChambers
to was ordered by the Honble, the Circuit CourtCircuit Court for the county
of St LouisSt Louis that you as counsel, aforesaid show cause, on
saturday the 2nd of november next why the judgement which
has been up in this case should not be set aside,
for irregularity,

Reasons. 1. There were no process against the
said ChambersChambers

2.There was no of any, writ

3.The Plaintiff if entitled, to any judgment
should has taken judgment by default

4.There was no plea in the case by
deft,

October 31st 1822

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ChambersChambers ,
as
Astor

Reasons
to set
aside
judgment.

filed nov 1st 1822

A.gamble clerk

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5. That the diclaration was permitted to be filed at the last, term of the court,
where it did not appear that there was, or had been, any process,-any
review of any writ upon the said or any declaration
declaration previously filed in said case.

6. That the said case was heard examined into a verdict, taken
& judgment given part."

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Equitable discretion