Ludwell E. Powell vs. Antoine Lamarche
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No 32

July Term 1835
St Louis Circuit CourtCircuit Court

Ludwell E. PowellLudwell E Powell
vs.
Antione Lamarche

sum
to $450. Issue attach-
ment & garnisher P
& AmericanFur Co.
a capias against
WilliamWilliam FallonFallon as garnishee


atty

Filed 28th April 1835

Archibald GambleArchibald Gamble Clerk

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The Sheriff of the County of Saint LouisCounty of Saint Louis will require
bail of WilliamWilliam FallonFallon the Garnishee in this
case in the sum of Five hundred & fifty Dollars
28th April 1835

Archibald GambleArchibald Gamble Clerk

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Upon the foregoing affidavit it is ordered that a capias issue against WilliamWilliam FallonFallon the Garnishee in
this case and that he said WilliamWilliam FallonFallon be held to bail in the sum of Five hundred and fifty dollars
St. LouisSt Louis28th April 1835

Archibald GambleArchibald Gamble Clerk

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St. Louis Circuit CourtCircuit Court For July Term 1835
County of St. LouisCounty of St Louis:

Ludwell E. PowellLudwell E Powell by J SpaldingJ Spalding
his attorney complains of Antoine Lamarche
of a plea of trespass on the case upon promises.

For that whereas the said defendant heretofore, to wit: on the
first day of April in the year of our Lord one thousand eight hundred and thirty-five at said county was indebted unto said plaintiff
in the sum of a thousand
dollars for the work and labor, care and diligence of the said plaintiff by the
said plaintiff before that time done, performed, and bestowed, in and about the business of the said defendant
and for the said defendant and at his special instance and request; and also in the further sum of
a thousand dollars, of like lawful money, for divers
goods, wares and merchandise, by the said plaintiff before that time sold and delivered to the said defendant
and at his like special instance and request; and also in the further sum of a thousand
of like lawful money, for money by the said plaintiff before that time lent and advanced to, and paid, laid
out and expended, for the said defendant and at his like special instance and request; and also in the
further sum of a thousand dollars,
of like lawful money, for other money by the said defendant before that time had and received to and for
the use of the said plaintiff; and being so indebted, the said defendant in consideration thereof, afterwards,
to wit: on the day aforesaid, at the place aforesaid, undertook, and then and there faithfully promised the
said plaintiff to pay him the said several sums of money, in this count mentioned, when the said
defendant should be thereunto afterwards requested.

And whereas also, said defendant afterards, to wit on the day and
year, and at the county last aforesaid, accounted with said plaintiff of, and concerning divers others sums
of money from the said defendant to the said plaintiff before that time due and owing, and then in arrear
and unpaid, and upon such accounting the said defendant was then and there found to be in arrear and
indebted to said plaintiff in the further sum of a thousand
dollars, like lawful money, and being so found in arrear and
indebted, said defendant in consideration thereof, afterwards, to wit: on the day and year last aforesaid, at
said county, undertook, and then and there promised said plaintiff to pay him said last mentioned
sum of money, when he said defendant should be thereto afterwards requested.

Nevertheless, said defendant, although often requested so to do, has not as yet paid
said several sums of money above mentioned, or either or any part of either of them; but to do so hath
refused and still refuses. To the damage of said plaintiff of a thousand
dollars, and therefore he brings his suit, &c.

JJ Spalding SpaldingJ Spalding atty
for for pltf

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County of St. LouisCounty of St LouisLudwell E. PowellLudwell E Powell being duly sworn on his oath faith
that Antoine Lamarche the defendant in the foregoing declaration men-
tioned is justify indebted unto him the said Ludwell E. PowellLudwell E Powell plaintiff in
the same in the sum of four hundred and fifty dollars and that this
affiant doth verily believe that said Lamarche is not a resident of
nor residing within the State of MissouriMissouri.

And the Lud Powell doth on his oath further State that he doth
verily believe that WilliamWilliam Fallow, now in said St. Louis County,
is indebted unto the said Lamarche the defendant in the sum
of four hundred and fifty dollars: and that the said WilliamWilliam
affiant hath just cause to fear & doth believe that said Wil-
liam FallonFallon is about to leave the State of MissouriMissouri.

sworn to and before 28th day of April 1836

A GambleArchibald Gamble Clerk

Ludwell E. PowellLudwell E Powell

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Discontinued Book 7 page 381

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No 32

Saint Louis Circuit CourtCircuit Court
July Term 1835

Ludwell E PowellLudwell E Powell vs
Attachment
Antomie La marche

P ChouteauPierre Chouteau the American Fur CompanyMissouri Fur Company
FallonFallon Garnishers- - Capies Wm Fallon

29th
Cort Paid

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County of Saint LouisCounty of Saint Louis
The State of MissouriMissouri

To the Sheriff of the county of Saint LouisSt Louis Greeting:

We command you to attach Antonie La marche by all and singular his
lands and tenements goods chattels moneys credits or effects or so much thereof as
shall he sufficient to secure the sum of Four Hundred and fifity dollars with interest
and costs of suit in whose hands or possession soever the same be found in your
bailiwick that the said Antoine La marche be and appear at the next term of the
Circuit CourtCircuit Court before the Judge thereof on the first day of said term to be holden at the
City of St LouisCity of St Louis within and for the County of Saint LouisCounty of Saint Louis on the fourth monday of July
next then and there to answer unto Ludwell E PowellLudwell E Powell of a plea of tresspass on the
case upon promises to the damage of the said plaintiff of a thousand dollars and
also that you might summon all and every person in whose hands or possession
Soever any such lands tenements goods chattels moneys credits or effects may be
found and particulary Pierre ChouteauPierre Chouteau , the American Fur CompanyMissouri Fur Company and WilliamWilliam
FallonFallon that they be and appear before the Judge of our said Court on the first day of
the term aforesaid then and there to answer unto what may be objected against
them. You are also commanded to take WilliamWilliam FallonFallon so that you may have
his body before the Judge of our said Court at the term aforesaid to answer what
may be objected against Him as Garnishee being indebted to said defendant & having in his profession money goods
Chattels or effects of the said Antonie La march
and have you then there this writ.

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Witness Archibald GambleArchibald Gamble Clerk afour said
Circuit CourtCircuit Court at office this Twenty Eighth day of April one thousand Eight Hundred and thirty five

Archibald GambleArchibald Gamble Clerk

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Executed this writ by arresting the Body of
WilliamWilliam FallonFallon on the 29th day of april 1835
in the county of St LouisSt Louis who was discharged
from my custody by order of Josiah SpaldingJosiah Spalding
attorney for plaintiff on his paying the amount
for which he was garnished to the said JosiahJosiah Spalding
SpaldingJosiah Spalding

J BrothertonJames Brotherton shff
by J Hammond Dept.

Service 1.00 Clerks fee 1.00, Cost Paid to Shff by J. SpaldingJ Spalding $487.25 cts and by Fallen