Robert Simpson vs. George F. Shrother
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State of MissouriMissouri
County of St LouisCounty of St Louis

Ss. In the St Louis CircuitCircuit Court
CourtCircuit Court March Term, 1829

Robert SimpsonRobert Simpson , Sheriff St Louis County. Com
plains of GeorgeGeorge F FGeorge F . Shother of a plea that he ren
der unto him the said Plaintiff the sum of five
hundred dollars, which he sues to and unjustly de
tains from him. For that whereas the said GeorgeGeorge F
FGeorge F . Shother, as principal, and one HughHugh M. Stephen
son, by the name and description "H. M. Stephenson
heretofore, to wit, on the fifteenth day of December in the year of Our Lord Eighteen hundred and twenty seven, at the County of St LouisCounty of St Louis, aforesaid,
in the state of MissouriMissouri, by their certain writing
obligatory, sealed with their seals, (and now to the
court here shown, the date whereof is the day and
year aforesaid acknowledged themselves to be held
and firmly bound Jointly & severally, unto the said Robert Simp
son Sheriff of St Louis County in the said sum
five hundred dollars above demanded to be
them, & either of them, paid to said Plaintiff whom
they or either of them should be thereunto after
wards required: which said writing obligatory was
and is subject to a certain conditions there and or
written, which are as follows, to wit; "the conditions
of the above obligations on such, that when
as a certain Mulatto girl named aspasia has
been permitted by the circuit court of St Louis
County to institute suit against Francois Chris
tian to Establish her right to Freedom, and said
court having ordered the sheriff aforesaid, to
him and said Mulatto Girl from Term to Term
of said court, during the presidency of said â
suit for freedom, and the sheriff aforesaid
having hired the said mulatto girl AspasiaAspasia ,
to said George FGeorge F . Shother at four dollars
per month, commencing on the 14th day of December 1827, Now if the said George FGeorge F .
Shother shall pay or cause to be paid the
price of said Mulatto girl when thereunto re
quested and moreover return said Mulatto Girl
to the sheriff of St Louis County at the next
march Term of said Circuit CourtCircuit Court , and not

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"suffer her to be removed act of the jurisdiction
of said court, and grant her a reasonable
liberty of attending her counsel, and not subject
her to any undue severity in cause given on of her
application for freedom, then her obligation is
to become null & void, otherwise to be in aim
in full force and effect ." Nevertheless, the said
Plaintiff in [ fait ] saith, that after the making of
the said writing obligatory, he the said Shother did
not, at the said march Term in said condition â
mentioned, return said Mulatto Girl to the said
sheriff of St Louis County, as he was by said condi
tion of said writing obligatory bound to do, worded
said Shother or any other person for him, return
to said sheriff, the said Mulatto Girl, during the presi
dency of said suit, as he was bound by said condition
to do, but kept & detained said mulatto from
the said Sheriff, in his popepion and contract
till the determination of said suit in said
circuit Court, whereby said Plaintiff hath sustained
damages amounting to the sum of forty seven dollars,
& six & a half cents â whereby are action hath occured to
him the said Plaintiff to demand and
of and from the said GeorgeGeorge Shother the said
sum of five hundred dollars above deman
ded.

And for a further branch of the condition of
said writing obligatory, to the assigned; the said
Plaintiff saith, that the said Shother hath
not as yet ([ atho ] often requested so to do, to wit,
at the county aforesaid, on the sixth day of march in the year Eighteen hundred and twenty nine &
on duener other days before and since the said day
last mentioned) paid or caused to said be paid to said Plaintiff the hire
of said Mulatto Girl AspasiaAspasia , nor any part
thereof, according to condition in said writing obliga
tory contained, which said hire of said Mulatto
girl, at the rate of four dollars per month
from the said fourteenth day of December in the year Eighteen hundred and twenty seven, till the
sixth â day of December in the year Eighteen hundred and twenty Eight, the day on which
said suit for freedom was tried and determined in said
circuit court, as the said plaintiff accm. amounts to

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the sum of forty seven dollars & six and a half cents, by
of which said persons but the same to pay, or â
any part thereof, to him the said plaintiff, he the
said Shother hath & doth still neglect & refuses
to do, by means of which said promises the said
plaintiff hath sustained damages to a large â
amount, to wit, of five hundred dollars and
thereby an action hath occured to him the
said Plaintiff to demand and have of &
from the said George FGeorge F . Shrother the said
sum of five hundred dollars above demanded.
Yet the said defendant, altho. often requested so
to do, has not as yet paid the said sum of
five hundred dollars above demand or any part
thereof to said Plaintiff, but to pay the sum
to him has hitherto wholly refused and still does
refuse so to do. To the damage of
the said Plaintiff of five hundred and fifty
dollars, and therefore he sues, &c.

J. C. McGirkMcGirk Atts for
Plff.

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County of St LouisCounty of St Louis Ss
The State of MissouriMissouri

To the Coraner of St Louis County-Greeting

We command you to summon George FGeorge F . Shrother that he be
and appear before the Judge of our Circuit CourtCircuit Court at the next
Term thereof to be held at the city of St LouisSt Louiswithin and
for the County of St LouisCounty of St Louis on the fourth Monday of
March Instant then and there to answer unto RobertRobert Simpson
SimpsonRobert Simpson Sherriff of the County of St LouisCounty of St Louis in a Plea of Ndst
to the damage of said plaintiff of five hundred dollars
and have yan then there this writ.

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Witness Archibald GambleArchibald Gamble Clerk of our said
Circuit CourtCircuit Court at this seventh day of March in the year 1828

Archibald GambleArchibald Gamble Clerk

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No 53 â

March Term 1829

Robt. Simpson Shiff
of St Louis County
vs
George FGeorge F . Shother

This is an action of
Debt on a penal bond
for $ 500-

Issue a summons

McGirkMcGirk for Plff

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Executed on the seventh day of March Eighteen Hundred and twenty Nine by the defen
dant ack giving the writ and declaration to the defendant to read and His
acknowledging the service thereof in the city of St LouisSt Louis-

fee one Dollor

John BobbJohn Bobb
Coroner

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GeorgeGeorge F FGeorge F Shother
ads
R. SimpsonR Simpson
Sheriff of the County of St LouisCounty of St Louis

March Term 1829

And the said George FGeorge F by his
attorney comes and defends the wrong and injury
when Jo and Rays that the said plaintiff ought
not to have or maintain his action aforesaid
thereof against him the said George FGeorge F . becauser
he says that the said mulatto Girl Aphasia
in said writing obligatory mentioned was
was hired by said plaintiff to the said GeorgeGeorge F
FGeorge F . was by the judgement and consideration of
this Court as the Term thereof
in the year declared to be a free
woman which judgement is stated in full
force not stayed coverded or cancelled as by the
heared and proceedings of said Court therein
remaining will fully and at large appear
by means whereof the said Asphasiabecame
entitled to from the said plaintiff
the money owing for the time for which
she was hired by the said George FGeorge F . did af
terwardsby her instrument in writing bearing
the first day of April in the year - one thousand eight hundred and twenty nine
at the County aforesaid, the hand and
seal of said Asphasia being thereunto of
fixedaequist release and discharge the said
George FGeorge F . from allliabilityowing from
said writing obligations all which the said
George FGeorge F . is ready to verify wherefore he
prays Judgement if the said plaintiff

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ought further to have or maintain his
aforesaid thereof against him
the said George F. Magrinsatts for Dfn
And for a further plea in this behalf
the said George FGeorge F saith that the said
Plaintiff ought not further to have
or maintain his action aforesaid thereof
against him the said George FGeorge F . because
he says that on the first day of Novem ber in the year Eighteen hundred and twen- ty eight at the county aforesaid he the said
George FGeorge F . did well and pay to the
said plaintiff the said sum of forty seven
dollars and six and a half cents in said
second Court mentioned and this he is
ready to verify wherefore he prays Judg-
ment if the said plaintiff ought further
to have or maintain his action aforesaid
thereof against him the said George F.

Magrins
attn for dfn

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And for a replication to the said plea of the said de
fendant by him secondly above pleaded, says ss the said
plaintiff says he ought not to be banned or precluded
from having his aforesaid action thereof against him,
the said defendant, because he says, that said plaintiff
defendant did not pay the said sum of money in the
defendants dutoration mentioned, in manner and form
as I said defendant hath in his said plea alledged,
and this he the said plaintiff prays may, he
enquired of by the country, she.

McGirkMcGirk for plff..

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No 53

St Louis Circuit CourtCircuit Court
March Term 1829

George FGeorge F . Shother
ads
R. SimpsonR Simpson
sheriff a St Louis
County
Plus
1. Special Plea
2. Payment

Filed April 30th 1829

A GambleArchibald Gamble Clk

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Robert SimpsonRobert Simpson , Sheriff
of St Louis County
vs
George FGeorge F . Shother

St Louis CircuitCircuit Court
CourtCircuit Court .

And the said plaintiff, by J. C.
McGirkMcGirk his attorney, causes and saith, that
that the said plea of him the said defend
ant by him first above pleaded, and the
matters therein contained, in manner and
form as the same our in that plea above
pleaded & set forth are not sufficient in
law to bar or preclude the said plain
tiff from having or maintaining his afore
said action thereof against him, the said
defendant, and that he the said plaintiff
is not bound by the law of the land to
answer the summons, and this he is ready to veri
fy; wherefore, for want of a sufficient -
plea in thatbehalf, the said plaintiff knowrequire
ment and his debt aforesaid, together with
his damages by him sustained by reason
of the how thereof, to be to
him, &c.

McGirkMcGirk for Plff.

Filed 29th May 1829

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Archibald GambleArchibald Gamble Clerk

Demurrer sustained page 378
No 5 A GambleArchibald Gamble Clerk

Discontinued Book 5 page 453
A GambleArchibald Gamble Clerk

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No 53

March Term 1829

Simpson, Sheriff
vs
George FGeorge F . Shother.

Demurrer to
first plea

Filed 29th May 1829

Archibald GambleArchibald Gamble Clerk

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County Of St. LouisSt Louis, Sct.
The State Of MissouriMissouri,

To The Sheriff Of St. Louis County--Greeting.

You are hereby commanded to summon Dudley Kimbal
that setting aside all manner of excuse and delay, he be and appear in proper person before the
Judge of our Circuit CourtCircuit Court , on theforthwithday of, at the City ofCity of St Louis
St. LouisCity of St Louis, then and there to testify and the truth to say in a certain matter of controversy now pending
in our said Court, wherein Robt Simpson Sheriff plaintiff
and George FGeorge F Shother defendant
on the part of Defen; and have you then there this writ.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the City of St. LouisCity of St Louis, this 13th dayAugust in the year of our Lord one thousand eight hundred and twenty nine

A GambleArchibald Gamble

Clerk C.C.
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July 1829

Simpson Srff
vs
G. F. Shother
for
D. Kimball

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Executed this writ on Dudley Kimball
by reading the same to him Augst 14th 1829.

Service $1.00

R SimpsonR Simpson Srff
By Dep

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County Of St. LouisSt Louis, Sct.
The State Of MissouriMissouri,

To The Sheriff Of Saint LouisSt Louis County--Greeting.

You are hereby commanded to summon Dudley Kimball
that setting aside all manner of excuse and delay, he be and appear in proper person before the
Judge of our Circuit CourtCircuit Court , on the third day of December, at the City ofCity of St Louis
St. LouisCity of St Louis, then and there to testify and the truth to say in a certain matter of controversy now pending
in our said Court, wherein Robert SimpsonRobert Simpson Sheriff is plaintiff
and George FGeorge F Shother is defendant
on the part of the defendant; and have you then there this writ.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the City of St. LouisCity of St Louis, this 28th dayof October in the year of our Lord one thousand eight hundred and twenty nine

Archibald GambleArchibald Gamble

Clerk C.C.
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Executed this writ on Dudley KimbalNovember 5th 1829 by Reading the to him the same

R. SimpsonR Simpson Sheriff
by BrothertonBrotherton DShff

Services 50 cts
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November Term 1829

Robt Simpson Sheriff
vsGeorge FGeorge F Shother
for defendant
Dudley Kimbal
on 3rd December