Mariguette v. Samuel W. McKinney
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No 13

St Louis Circuit CourtCircuit Court
July Term 1831

MariguetteMariguette
vs
Sam TT M Kinney MT M Kinney KinneyT M Kinney

Petition filed
April 7th 1831

A gamble clk

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MaryMary Kets
vs
S. McKinney

petition to sueas
personto
establishtofree
dom

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To the honorable the circuit court of the
county of St LouisSt Louis

Your petitioner MaryMary
to honorable court, that
she was born in the town of Nashashia in
what is now the state of IllinoisIllinois about thirty
years since that she was purchased
an infant by ourMarshallMarshall and taken to St
in what is now the state of MissouriMissouri
And she has continued to reside in this state
for that time until now held as a slave, that
about six or seven months since she was
purchased by oneSamuelSamuel KinneyKinney as your
petitioner who now holds her as a
slave your petitioner is advised that
in the north
she has a claim to and is entitled to the
freedom your petitioner therfore prays that she
may be permitted to institute suit to establish
her right to freedom and the such orders may be
had in the as the law and

Sworn to â subscribed
before me this 17th of April 1831

A gamble Clerk

MariguetteMariguette her mark

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St Louis Circuit CourtCircuit Court March Term 1831

Thursday 7th April 1831

MariguetteMariguette
vs
SamuelSamuel W McKinney

George T Strother presents the petition of
MariguetteMariguette a woman of color praying that she may be permitted
to institute suit against SamuelSamuel W KinneyW Kinney for Establishing
her right to freedom and that she may be permitted to institute
suit against SamuelSamuel W KinneyW Kinney for Establishing her right to
freedom and that she may be permitted to sue as a poor person
thereupon the court permit the said MariguetteMariguette to sue as aforesaid
and direct that an action of assault and Battery and false imprisonment
be brought in the name of the said Marguette and assign
George FGeorge F Strother StrotherGeorge F Strother as her counsel and it is ordered by the court that
the said SamuelSamuel W KinneyW Kinney permit the said MariguetteMariguette to have
a reasonable liberty of attending her 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
subject to any severity of treatment on account of her said
application for freedom

A True copy of the order

Archibald GambleArchibald Gamble Clerk

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No 13

Saint Louis Circuit CourtCircuit Court
July Term 1831

MariguetteMariguette
vs
SamuelSamuel W KinneyW Kinney

This is an action of assault â
battery and false imprisonment
for freedom The Clerk will please
issue a Summons

Filed 12th April 1831

Archibald GambleArchibald Gamble Clerk

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Served this writ by reading the declaration
â writ to SamuelSamuel F MM Kinney KinneyM Kinney on the 14th day of April 1831. served the
the order at of the Circuit CourtCircuit Court
a copy of which is endorsed on the declaration, my reading it to the said MM Kinney .KinneyM Kinney

John K.WalkerJohn K Walker

Service of $ 1.00 of order .50 $1.50
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St Louis Circuit CourtCircuit Court July Term 1831
St Louis County of Wit;

MariguetteMariguette who sues by permission of the Court
Complains of SamuelSamuel W KinneyW Kinney of a plea of trespass. For and
that the said SamuelSamuel W KinneyW Kinney on the first day of February in the year 1831 with force and arms made an assault upon the
said MariguetteMariguette to wit at the County of St LouisCounty of St Louis and then and
there struck and gave the said MariguetteMariguette a great many violent
blows and strokes and then and there imprisoned the said
MariguetteMariguette and kept and detained her in prison there without
any reasonable or probable cause whatsoever for a long space
of time to wit for the space of ten weeks then next following
contrary to law and against the will of the said MariguetteMariguette
whereby she the said MariguetteMariguette was then and there not only
greatly hurt and wounded but was also thereby then and there greatly
injured in her circumstances to wit at St LouisSt Louis aforesaid and the said
MariguetteMariguette avers that before and at the time of committing the
grievences aforesaid to wit at the county of St LouisSt Louis aforesaid
then was and still is a free person and the defendants SamuelSamuel
W KinneyW Kinney â CharlesCharles Wahrensdorff
then held and detained her and still hold (and detain)
her in slavery and other wrongs to the said MariguetteMariguette then
and there did against the peace of the State and to the damage
of the plaintiff Five Hundred dollars and therefore the brings
her suit

Shother V.2..
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I have copied the original declaration as well as I could make it out the same not being made
out as required by Rule of court and being also very badly written

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

To the Sheriff of the County of Saint LouisCounty of Saint Louis
Greetings

We command you to Summon SamuelSamuel W KinneyW Kinney that he be
and appear before the Judge of our Circuit CourtCircuit Court at the next July
Term thereof to be held at the City of St LouisCity of St Louis within and for the county
of Saint LouisSt Louis on the Fourth Monday of July next then and there to answer
unto MariguetteMariguette of a plea of trespass to the damage of the plaintiff
Five Hundred dollars and have you then there this writ

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Witness Archiblad Gamble Clerk of our said
Court at Office this twelfth day of April in the year of Our Lord One thousand Eight Hundred and thirty one

Archibald GambleArchibald Gamble Clerk

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No 13

July Term 1831

Maryguette
vs
SamuelSamuel L W

This is an action of
assault and battery
and false imprisonment for freedom on the
clerk will issue a
summons

p.q.

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St Louis Circuit CourtCircuit Court July term 1831

St LouisSt Louis county to wit MaryMary guette
who sues by of the court complains of SamuelSamuel LMcKinney of
a plea of trespass for that the said SamuelSamuel
MM Kinney KinneyM Kinney on the first day of February in the year 1831 with force and orders made
an assaultupon the said MaryMary guette
to wit at the county of St LouisSt Louis and
then and there and gave the said
MaryMary guette a great many violentblows
and strokes and then and there imprisoned
the said MaryMary guette and left and detained
her in prison there without
any reasonableorprobable cause whatsover
for a long space of time to wit for the space
of ten weeks then next following contrary
to law and against the will of
the saidMaryMary guettewhereby she the
said MaryMary guette was then and there not only
greatlybeatand wounded but was also
then and theregreatlyinjured in her circumstances
to wit at St LouisSt Louis aforesaid and the
said MaryMary guetteavers that beforeand at the time
of concluding the grievances aforesaid to wit at the

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county of St LouisSt Louis aforesaid she was and still
is a free person and the defendant SamuelSamuel
L WW Kinney KinneyW Kinney then held and detained her
and still holds and detains her in slavery and
after ways to the said MaryMary guette then
and there did against of
and to the damage of the plaintiff
$ 500 and therefore she brings her suit

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St. Louis Circuit CourtCircuit CourtMariguetteMariguette
vs
SamuelSamuel TT M Kinney MT M Kinney KinneyT M Kinney

July Term A.D.1831

And the said MM Kinney KinneyM Kinney comes
and defends the force and injury when â c. and says
that said plaintiff ought not to have or maintain her
aforesaid action thereof against him because he says
that at the time when this suit was commenced he had
not nor claimed to have nor hath he nor doth he now
claim to have but disavoweth â disclaimeth to have
any title or interset in said MariguetteMariguette as a slave nor
did he then hold nor hath he since had nor doth he now, hold
her as a slave: and this he is ready to verify, where
fore he prays proficient â c.


for deft

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and the said CharlesCharles Wahrendorff WahrendorffCharles Wahrendorff by his attorney
comes and defends the force â injury when
â c. â says that he is not guilty of the said supposed
trespasses â wrongs in manner and form as in said
declaration alleged: and of this he puts himself
upon the country â c.

and for further plea in this behalf he
says that said plaintiff ought not to have or maintain
her aforesaid action thereof against him because
he says, that said plaintiff at â before the time mentioned
in said declaration for the committing said supposed
trespasses â grievances, said plaintiff was â now
is his slave, without there that she was or is a
free person: â this he is ready to verify. Wherefore he
prays â c.

forWahrendorffWahrendorff

filed August 12th 1831

A gamble Clerk

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Book 6 Page 92

Non suit Book 7 page 157

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No 13

July Term 1831

MariguetteMariguette
vs
SamuelSamuel T.McKinney


Disclaimer


Filed July 28th 1831

A GambleArchibald Gamble Clk

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by WahrendorffWahrendorff

filed August 12th 1831

A GambleArchibald Gamble Clk

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

To the Sheriff of St. Louis County---Greeting.

You are hereby commanded to summon Clayton TiffinClayton Tiffin
that setting aside all manner of excuse and delay, he be and appear in proper person before the
Judge of our Circuit CourtCircuit Court , 3rd day of Aprilnext at the
City of 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 MariguetteMariguette is
plaintiff, and SamuelSamuel T McKinney â Charles WahrendorffCharles Wahrendorff are defendants,
on the part of the plaintiff; and have you then there this writ.

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Witness: Archibald GambleArchibald Gamble , Clerk of our said
Circuit CourtCircuit Court , at the City of St. LouisCity of St Louis, this 20 day of February in the year of our Lord one thousand eight hundred and thirty two

Archibald GambleArchibald Gamble

Clerk C.C.
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March Term 1832

MariguetteMariguette
vs
F.T. McKinney â W WahrendorffW Wahrendorff

for plff

Clayton TiffinClayton Tiffin 6

on 3d April

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Executed on this
writ on Clayton TiffinClayton Tiffin in the
city of St LouisSt Louis on the 6th day of March 1832

Jno K WalkerJohn K Walker Sheriff

by JJames Brotherton .BrothertonJames Brotherton $ 1.00
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County Of St. LouisSt Louis, Sct.
The State Of MissouriMissouri,

To The Sheriff Of St. Louis County,
Greeting.

We command you to attach Clayton TiffinClayton Tiffin
by his body, and him safely keep, so that you have his
body before the Judge of our Circuit CourtCircuit Court , now in session at the City of St. LouisCity of St Louis, within and for the
county of St. LouisSt Louis, forthwith 18,
then and there to testify and the truth to say in a certain matter of controversy, now pending in our said
Circuit CourtCircuit Court , between MariguetteMariguette plaintiff and MariguetteMariguette S T M. Kinney
is defendant, wherein the said TiffinTiffin
has heretofore been summoned on the part of the said plaintiff

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Witness, Archibald GambleArchibald Gamble , Clerk of our said Court, at the
City of St. LouisCity of St Louis, this 24th april - 1832

A GambleArchibald Gamble Clerk

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Executed & have the body of
ClaytonClayton Tiffin TiffinClayton Tiffin in Court 24th April 1832

JnoJohn K Walker KJohn K Walker
WalkerJohn K Walker

Sum $
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MariguetteMariguette
vs
S T McKinney

for

ClaytonClayton Tiffin TiffinClayton Tiffin

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County Of St. LouisSt LouisSct.
State Of MissouriMissouri,

To the Sheriff of St. Louis CountyâGreeting.

You Are Hereby Commanded To Summon Alexis AmelinAlexis Amelin
that setting 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 City of 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 MariguetteMariguette
is plaintiff, and S. T. McKinney
is defendant, on the part of the plaintiff
and have you then there this writ.

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Witness: Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court ,
at the City of St. LouisCity of St Louis, this 25th day ofApril in the year of our Lord one thousand eight hundred and thirty two

A GambleArchibald Gamble

Clerk C.C.
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Served this
writ on AlexisAlexis Amelin
AmelinAlexis Amelin on the 25h April 1832

K WalkerK Walker Sheriff

sum. 50
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Marguritte
vs
S.T. McKinney

for

Alexis AmelinAlexis Amelin
forthwith
for plff

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County Of St. LouisSt LouisSct.
State Of MissouriMissouri,

To the Sheriff of St. Louis CountyâGreeting.

You Are Hereby Commanded To Summon Clayton TiffinClayton Tiffin andAlexisAlexis Amelin
AmelinAlexis Amelin
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 30h day of Julynext
at the City of 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 MariguetteMariguette
is plaintiff, and SamuelSamuel T M. Kinney â
WW Wahrendorff WahrendorffW Wahrendorff are
defendants, on the part of the plaintiff
and have you then there this writ.

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Witness: Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court ,
at the City of St. LouisCity of St Louis, this 29th day ofJune in the year of our Lord one thousand eight hundred and thirty two

Archibald GambleArchibald Gamble

Clerk C.C.
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July Term 1832

MariguetteMariguette
vs
S.T. W Kinney â WW Wahrendorff WahrendorffW Wahrendorff

for plff

Clayton TiffinClayton Tiffin

Alexis AmelinAlexis Amelin

on 30th July

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Executed this writ on Clayton TiffinClayton Tiffin
â Alexis AmelinAlexis Amelin in the city of St LouisSt Louis
on the 3rd day of July 1832

John K WalkerJohn K Walker Sheff

by BrothertonBrotherton

service 1.00
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County Of St. LouisSt Louis, Sct.
State of MissouriMissouri,

To the Sheriff of St. Louis County,
--Greeting.

We command you to attach Clayton TiffinClayton Tiffin â andAlexis AmelinAlexis Amelin
by by their bodies, and them safely keep, so that you have their bod ies before
the Judge of our Circuit CourtCircuit Court , now in session at the City of St. LouisCity of St Louis, within and for the County of St. LouisCounty of St Louis, on the8th day of August 1832, then and there to testify and the truth to say in a
certain matter of controversy, now pending in our said Circuit CourtCircuit Court , between MariguetteMariguette
plaintiff and SamTT M Kinney MT M Kinney KinneyT M Kinney
defendant, wherein the said TiffinTiffin and â AmelinAmelin have
heretofore been summoned on the part of the said plaintiff

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Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the City of StCity of St Louis.
LouisCity of St Louis, this Third day of August in the year of our Lord, one thousand eight hundred and thirty-two

A GambleArchibald Gamble

Clerk C.C.
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MariguetteMariguette
vs
MM Kinney KinneyM Kinney

for

Clayton Tiffen

AlexisAlexis Amelin AmelinAlexis Amelin

attachment
to 8th august

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Executed â havethebody
of TiffinTiffin ßAmelinAmelin in
of 7 Augst 1832

JnoJohn K Walker K WalkerJohn K Walker
Sheriff

Service $ 2.00
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County Of St. LouisSt LouisSct.
State Of MissouriMissouri,

To the Sheriff of St. Louis CountyâGreeting.

You Are Hereby Commanded To Summon Clayton TiffinClayton Tiffin and Alexis AmelinAlexis Amelin
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , Fifth day of Decembernext
at the City of 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 MariguetteMariguette
is plaintiff, and SamuelSamuel T. M Kinney and
defendant, on the part of the plaintiff-
and have you then there this writ.

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Witness: Archibald GambleArchibald Gamble , Clerk of our said
Circuit CourtCircuit Court , at the City of St. LouisCity of St Louis, this 2nd day ofNovember in the year of our Lord one thousand eight hundred and thirty two

Archibald GambleArchibald Gamble

Clerk C.C.
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November Term 1832

MariguetteMariguette
vs
S.T. McKinney â CWWahrendorffWahrendorff

for the plaintiff

Clayton TiffinClayton Tiffin 12

Alexis AmelinAlexis Amelin 14

on 5th Dec

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Executed this writ on Clayton TiffinClayton Tiffin on
the 12th Nov 1832 and A. Amelin on
the 14tNov 1832 by reading the same
to them in the County of St LouisCounty of St Louis

John K WalkerJohn K Walker Sheriff

by S.Brotherton shff

$ 1.00
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County Of St. LouisSt Louis--Sct.
State Of MissouriMissouri,

To the Sheriff of St. Louis County--Greeting.

You are hereby commanded to summon Clayton TiffinClayton Tiffin â Alexis AmelinAlexis Amelin
that setting aside all manner of excuse and delay, they be and appear in proper person before the
Judge of our Circuit CourtCircuit Court , on the Twenty ninth day of Marchnext
at the City of 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 MariguetteMariguette is plaintiff, and SamuelSamuel T M KinneyT M Kinney and CharlesCharles Wahrendorff
WahrendorffCharles Wahrendorff are defendants, on the part of the plaintiff
and have you then there this writ.

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Witness: Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the City ofCity of St Louis
St. LouisCity of St Louis, this Twenty third day of February in the year of our Lord one thousand eight hundred and thirty three

Archibald GambleArchibald Gamble

Clerk C.C.
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Executed this writ by reading it to ClaytonClayton Tiffin
TiffinClayton Tiffin and Alexis AmelinAlexis Amelin in the County of StCounty of St Louis
LouisCounty of St LouisMarch 1st 1833

John K WalkerJohn K Walker Sheriff

by JJames Brotherton .BrothertonJames Brotherton

service $ 1.00
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March Term 1833

MariguetteMariguette
vs
S.T.McKinney â WW Wahrendorff WahrendorffW Wahrendorff

for plff

Clayton TiffinClayton Tiffin 1st

Alexis AmelinAlexis Amelin 1st

on 29th March

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

To the Sheriff of St. Louis County--Greeting.

You are hereby commanded to summon Clayton TiffinClayton Tiffin â Alexis AmelinAlexis Amelin ,
that setting aside all manner of excuse and delay, they be and appear in proper person before the
Judge of our Circuit CourtCircuit Court , on the 25th day of Julynext
at the City of 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 MariguetteMariguette is
plaintiff, and SamuelSamuel T M KinneyT M Kinney and Cha. WahrendorffWahrendorff
are defendants, on the part of the plaintiff
and have you then there this writ.

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Witness: Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the City ofCity of St Louis
St. LouisCity of St Louis, this 14th day of June in the year of our Lord one thousand eight hundred and thirty three

A GambleArchibald Gamble

Clerk C.C.
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July Term 1833

MariguetteMariguette
vs
S.T. M Kinney â ChasWahrendorff

for plaintiff

Clayton TiffinClayton Tiffin 18

Alexis AmelinAlexis Amelin 19

on 25th July

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Executed this writ on Clayton TiffinClayton Tiffin 18th on Alexis AmelinAlexis Amelin
the 19th July 1833 in the County of St LouisCounty of St Louis

John K WalkerJohn K Walker Sheriff

$ 1.00
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County Of St. LouisSt Louis--Sct.
State Of MissouriMissouri,

To the Sheriff of St. Louis County--Greeting.

You are hereby commanded to summon Clayton TiffinClayton Tiffin â Alexis AmelinAlexis Amelin ,
that setting aside all manner of excuse and delay, they be and appear in proper person before the
Judge of our Circuit CourtCircuit Court , on the 2nd day of Decembernext
at the City of 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 MariguetteMariguette is
plaintiff, and SamuelSamuel T M KinneyT M Kinney and CharlesCharles Wahrendorff
WahrendorffCharles Wahrendorff are defendants, on the part of the plaintiff
and have you then there this writ.

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Witness: Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the City ofCity of St Louis
St. LouisCity of St Louis, this 28th day of October in the year of our Lord one thousand eight hundred and thirty three

Archibald GambleArchibald Gamble

Clerk C.C.
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November Term 1833

MariguetteMariguette
vs
M Kimmey â WahrendorffWahrendorff

for plff

Clayton TiffinClayton Tiffin 18

Alexis AmelinAlexis Amelin 11

on 2d Decr

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Executed this writ on Alexis AmelinAlexis Amelin
11th Clayton TiffinClayton Tiffin 18th days of November 1833

John K WalkerJohn K Walker

by BrothertonBrotherton

Service $ 1.00
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County Of St. LouisSt Louis, Sct.
State of MissouriMissouri,

To the Sheriff of St. Louis County,
--Greeting.

We command you to attach Clayton TiffinClayton Tiffin â AlexisAlexis Amelin AmelinAlexis Amelin
by their bod ies, and them safely keep, so that you have their bod ies before
the Judge of our Circuit CourtCircuit Court , now in session at the City of St. LouisCity of St Louis, within and for the County of St. LouisCounty of St Louis,
forthwith 183, then and there to testify and the truth to say in a
certain matter of controversy, now pending in our said Circuit CourtCircuit Court , between Marguette
is plaintiff and S. T. MKinney â C WahrendorffWahrendorff
defendant, wherein the said TiffinTiffin â AmelinAmelin have
heretofore been summoned on the part of the said plaintiff

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Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the City of StCity of St Louis.
LouisCity of St Louis, this 10th day of December in the year of our Lord, one thousand eight hundred and thirty-Three

A GambleArchibald Gamble

Clerk C.C.
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Marguette
vs
Wm Kenney â
WahrendorffA

for

Clayton TiffinClayton Tiffin

AlexisAlexis Amelin AmelinAlexis Amelin

attachment
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Executed this writ â the body
of C TiffinTiffin â A in Court
14th December 1833

by

Service of 200