Harriet (of color) vs. Irene Emerson
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To the Hon. John M. KrumJohn M Krum , Judge of the St. Louis Circuit CourtCircuit Court. Dred ScottDred Scott , a man of color, respectfully states to your honor, that he is claimed as a slave by one Irene EmersonIrene Emerson , of the , , widow of the late , who at the time of his death was a surgeon in the United StatesUnited States army. That the said purchased your petitioner in the , about nine years ago, he then being a slave, from one now deceased, and took petitioner with him to in the State of , and then kept petitioner to labor and service, in attendance upon said EmersonEmerson , for about two years and six months, he the said EmersonEmerson being attached to the United StatesUnited States troops there stationed as surgeon. That after remaining at the place last named for about the period aforesaid, said EmersonEmerson was removed from the garrison at aforesaid, to on the St. Peters river in the territory of , and took petitioner with him, at which latter place the petitioner continued to remain in attendance upon doing labor and service, for a period of about five years. That after the lapse of the period last named, said EmersonEmerson was ordered to , and proceeding there left petitioner at in the aforesaid in charge of one , to whom said EmersonEmerson hired Petitioner-that said EmersonEmerson is now dead, and his widow the said IreneIrene claims petitioners services as a slave, and as his owner, but believing that under this state of fact, that he is entitled to his freedom, he prays your honor to allow him to sue said Irene EmersonIrene Emerson in said Court, in order to establish his right to freedom + he will pray be.

DredDred hisXmark Scott

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State of )
To ) Dred ScottDred Scott being sworn
says that the facts set forth in the forgoing petition are true
Sworn to submitted )
the 6th Day of AprilApl 1846 ) DredDred his Xmark of Color
before the undersigned )
justice of the peace )
[eauu] Bullen JP. )

The Judge of the Louis Circuit CourtCircuit Court grants this petitioner leave to sue etc. as prayed for, and orders: First. That the petitioner Dred ScottDred Scott be allowed to sue, on giving security satisfactory to the Clerk, for all costs that may be adjudged against him.

Second. That said Dred ScottDred Scott have reasonable liberty to attend his counsel and the Court, as occasion may require: and that he be not removed out of the jurisdiction of the Court, and that he be not subject to any severity on account of his application for freedom.

April 6. 1846

JohnJohn M Krum KrumJohn M Krum

Judge Louis Circuit CourtCircuit Court

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To the Hon. John M. KrumJohn M Krum , Judge of the St. Louis Circuit CourtCircuit Court.

The Petition of HarrietHarriet , a woman of color states, that she is claimed as a slave by one Irene EmersonIrene Emerson , of the in the , widow of the late , surgeon in the United StatesUnited States army, now [ due! [or] ?[?] ]deceased[decd.] That HarrietHarriet [illegible] about eleven years ago, petitioner was brought from the by one , and carried to on the in the territory of , that after living there, doing labor and service to the said Salliafano , for about two years, he the said Salliafano , sold your petitioner to the said , then also stationed at , who kept and retained them her there for about a year after he became the owner of her, part of the time in charge of , and a that afterward said EmersonEmerson was ordered to in , and having married there, he had petitioner removed to that post from . After remaining at , about 6 months, then saidsd.EmersonEmerson went back to on the in territory and took petitioner with him where she remained with him as a servant about a year longer and from there was brought to of the County aforesaid, where he left her in charge of his wife, while he proceeded to . That said EmersonEmerson is now dead and his widow the said IreneIrene , claims property in her as a slave but believing, that under this state of facts, that she is entitled to freedom, she prays your honor to allow her to sue in said Court the said Irene EmersonIrene Emerson in order to establish her right to freedom and she will pray be.

her
HarrietHarriet X of Color
mark
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)
To )
HarrietHarriet , (of Color) being
duly sworn, says that the facts set forth in the forgoing petition are true.
Sworn to + submitted ) her
The 6th day of April ) HarrietHarriet X of Color
1846, Bifore ) mark
[illegible]Justice of the PeaceJP. )

The Judge of the St. Louis Circuit CourtCircuit Court grants the petitioner leave to sue etc. as prayed for and orders. First. That the petitioner, HarrietHarriet be allowed to sue, on giving security satisfactory to the Clerk, for all costs that may be adjudged against her.

Second. That said HarrietHarriet have reasonable liberty to attend her counsel and the Court, as occasion may require, and that she be not removed out of the jurisdiction of the Court, and that she be not subject to any severity on account of her application for freedom.

April 6, 1846JohnJohn M Krum KrumJohn M Krum
Judge . Louis CircuitCircuit Court

CourtCircuit Court
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) Circuit CourtCircuit Court of . Louis
To ) County. AprilNovember Term 1846

Dred ScottDred Scott , a man of color, complains of Irene EmersonIrene Emerson of a plea for that the said defendant on the fourth day of April in the year eighteen hundred and forty six, with force and arms etc., made an assault upon the said plaintiff, to wit at in the County aforesaid, and then and there beat, bruised and ill treated him, the said plaintiff and then and there imprisoned him the said plaintiff, and kept and detained him in prison there, without any reasonable or probably cause whatsoever, for a long time to wit, for the space of twelve hours, there next following, contrary to the laws of the said state, and the will of said plaintiff: And the said plaintiff avers, that before and at the time of the committing of the said grievances, he was and still is a free person and that the said defendant held and still holds him in slavery: To the plaintiffs damage ten dollars and therefore he brings suit etc.

F. B. MurdochF B Murdoch

[ Pub ]PlaintiffPlffAttorneyAtty

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Apr
April Term 1846
. Louis . Court
------------------------------------

Dred ScottDred Scott )
versusv. )
Irene EmersonIrene Emerson )
------------------------------------

Summons in false ImprisonmentImprisont.

------------------------------------

DamagesDamags $ 10.

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) Circuit Court of
To ) . LouisCounty. AprilNovember Term
1846

HarrietHarriet , a woman of Color, complains of Irene EmersonIrene Emerson of a plea for that the said defendant on the fourth day of April in the year eighteen hundred and forty six, with force and arms etc., made an assault upon the said plaintiff, to wit at in the County aforesaid, and then and there beat, bruised and ill treated her, the said plaintiff and kept and detained her in prison there, without any reasonable or probable cause whatsoever, for a long time to wit, for the space of twelve hours, there next following, contrary to the laws of the said state, and the will of said plaintiff â And the said plaintiff avers, that before and at the time of the committing of the said grievances she was and still is a free person and that the said defendant held and still holds her in Slavery: To the plaintiffs damage ten dollars and therefore she brings suit etc.

F. B. MurdochF B Murdoch

[ [illegible] ]PlaintiffPlffAttorneyAtty

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. Louis . Court
AprilNovember Term 1846.
------------------------------------
HarrietHarriet (of Color) )
versusv. )
Irene EmersonIrene Emerson )
------------------------------------

Action in false
Imprisonment
------------------------------------

DamagesDamags $ 10.

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To the Sheriff of , GREETING:

WE command you to summon IreneIrene Emmerson if she be found in your county that she be and appear

before the Judge of our Circuit CourtCircuit Court , on the first day of the next term thereof, to be held at the , within and for the , on the third Monday of November next, then and there to answer unto Dred ScottDred Scott of a plea in Trespass

to the damage of said plaintiff ten dollars: And have you then there this writ.

WITNESS, , Clerk of our said Court, with the seal thereof hereto affixed, at office, in the , this Sixth day of April in the year of our Lord eighteen hundred and forty-six.

Jno. RulandJohn Ruland CLERK
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I acknowledge myself bound for all costs that may accrue in the above cause.

WITNESS my hand and seal, at St. LouisSt Louis, this 6 day of Apl 1846

F.B. Murdoch
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No 1
St Louis Circuit CourtCircuit Court
November Term 1846
------------------------
Dred ScottDred Scott
versus[v] Summons
x Irene EmersonIrene Emerson 17 apr
---------------------
Trespass [Damgs] $10.00
--------------------
F. B. MurdochF B Murdoch
AttorneyAtty. for plaintiffplff
------------
Filed 6 Apr 1846
Jno RulandJohn Ruland Clerk
Cost[s Paid]
[The Judge of the . Louis Circuit]
[Court grants this petitioner leave to sue]
[etc. as prayed for and orders. First.]
[That the petitioner, Dred ScottDred Scott be allowed to]
[sue, on giving security satisfactory to]
[the Clerk, for all costs that may be]
[adjudged against him. Second. That said]
[Dred ScottDred Scott have reasonable liberty to attend]
[his counsel and the Court, as occasion]
[may require, and that he be not]
[removed out of the jurisdiction of the Court,]
[and that he be not subject to any severity]
[on account of his application for freedom.]
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17p357 [illegible][plaintiffplf][illegible] 18p27 âPlaintiffPlf ordered elect 18p38 [illegible] 18p74 of exceptionsexcept 18p76 [contd] 18p91 [illegible]SheriffShfforderedord out plaintiffplf[bond] [motionmo for] [illegible] [paid by ] 19p295 [motionmo] for new trial [illegible]motionmo for new trial 19p307 Bill of ExceptionsExcept 19p340 April Term 1852â Motion for order [on] and [order] for order on filed 22p52 Motions Overruled 22p111. ContinuedCont waiting decisiondec. Court 24p33 Nov Term 1854 ContinuedContd. 24p407 OctoberOctTermT55ContinuedCont. 25p228 MarchMchTermT56ContinuedCont 25p364 OctoberOcttermt56ContinuedCont 26p30 â MarchMchTermT'57Mch 18 Jury waived, sub & JudgementJudgt for defendantdeft 26p163

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Executed this writ in the on the Seventh day of April 1846. by reading it and the Petition + order of the Judge to IreneIrene Emmerson the defendant.

service $2.00 SheriffShff
notice .50 By DeputyDepty
$2.50
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To the Sheriff of , GREETING:

WE command you to summon IreneIrene Emmerson if she be found in your county that she be and appear

before the Judge of our Circuit CourtCircuit Court , on the first day of the next term thereof, to be held at the , within and for the , on the third Monday of November next, then and there to answer unto HarrietHarriet ofa woman of color of a plea of Trespass

to the damage of said plaintiff ten dollars: And have you then there this writ.

WITNESS, , Clerk of our said Court, with the seal thereof hereto affixed, at office, in the , this Sixth day of April in the year of our Lord eighteen hundred and forty-six.

Jno. RulandJohn Ruland CLERK
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I acknowledge myself bound for all costs that may accrue in the above cause.

WITNESS my hand and seal, at St. LouisSt Louis, this 6 day of Apl 1846

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2
In the . Louis Circuit CourtCircuit Court
November Term 1846
------------------------------
HarriettHarriett a woman of color
[versusvs.] Summons
+Irene EmersonIrene Emerson 17 apr-
------------------------------

Trespass [Damgs] $10.00

---------------------------

F.B. Murdoch
AttorneyAtty. For plaintiffplff
Filed 6 April 1846
Jno RulandJohn Ruland Clerk
26
[The Judge of the . Louis Circuit]
[Court grants the petitioner leave to sue]
[etc. as prayed for and orders. First.]
[That the petitioner, HarrietHarriet be allowed to]
[sue, on giving security satisfactory to]
[the Clerk, for all costs that may be]
[adjudged against her. Second. That said]
[HarrietHarriet have reasonable liberty to attend]
[her counsel and the Court, as occasion]
[may require, and that she be not]
[removed out of the jurisdiction of the Court,]
[and that she be not subject to any severity]
[on account of her application for freedom.]
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Plea 17p357 PlaintiffPlf ordered to elect 18p3 8[rest of line illegible]
[18p48] mo for [illegible] 18p89- corr. 18p [illegible] mo for new trial [illegible] 18p[illegible] Bill of exceptionsexcept
18p192 motionmo to hire out plaintiffplf 18p205 SheriffShff ordered to hire out plaintiffplf[illegible] $600.00 18p213
Jury verdict judgementjudgt for plaintiffplfJan 12 1850- 19p295 motionmo for new trial [illegible] mo for new trial
overruled 19p307 - Stipulation filed 19p339- April Term 1852 Motion for
order of 22. p 51 order on LabeaumeLabeaume 22p
52 Motion overruled 22p111 MarchMchTermTâ57 Mch 18 by consent
and according to stipulation judgementjudgt set aside-Jury waived, [sub] & JudgementJudgt for
DefendantDeft 26p163
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Executed this writ in the County of Saint LouisCounty of Saint Louis on the Seventh day of April 1846. by reading it and the Petition & ^ order of the Judge to IreneIrene Emmerson thee defendant.
service $2.00 SheriffShff
notice .50 By DeputyDepty
$2.50
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 [ gap: ;reason: torn ] [S]tate of MissouriMissouri ) In the Louis Circuit CourtCircuit Court ,
 [ gap: ;reason: torn ] [Cou]nty of St. LouisSt Louis )
Dred ScottDred Scott

Take notice that on the 9th. day of April 1846 I shall move the court to dismiss the suit of yourself against me for your freedom ^now pending in this Court on the ground that the conditional orders by Judge in this case directed have not been complied with according to the law in such case made & provided.

IreneIrene Emmerson
( By

( G.W. GoodeG W Goode , her Attorney
(April 8th 1846

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Served the within notice in the on the 8th day of April 1846. by delivering a true copy of the same to Dred ScottDred Scott ,

Fee $0.50 ⯠⯠⯠⯠⯠⯠⯠â¯
Sheriff
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) In the Louis Circuit CourtCircuit Court

)

To

HarriettHarriett a woman of Colour,

Take notice that on the 9th day of April 1846. I shall move the Court to dismiss the suit of yourself against me for the reason ^your freedomnow pending in this court, on the ground that the conditional orders by the Judge in this case directed, have not been Complied with according to the law in such case made & provided.

( IreneIrene Emmerson
( By
( G.W. GoodeG W Goode , Atty.
( April 8th, 1846

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Served the within notice in the on the 8th day of April 1846. by delivering a true Copy of the same to HarriettHarriett a woman of Colour

Fee $0.50

Sheriff

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HarriettHarriett a woman of Colour PlaintiffPltff.
vs.
IreneIrene Emmerson DefendantDefdt. In the St. LouisCircuit Court
Circuit CourtCircuit Court, NovemberNov.Term 1846

And the Said Defendant by G.W. GoodeG W Goode , her attorney, comes and defends the force & injury when [illegible] & Says that she is not guilty of the said several grievances above laid to her charge or any or either of them or any part thereof in manner & form as the Said Plaintiff has above thereof complained against her; and of this She, the Said Defendant, puts herself upon the Country.

G.W. GoodeG W Goode
Attorney for DefendantDefendt.

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X

In the . Louis Circuit CourtCircuit Court
November Term 1846.
------------------------------
HarriettHarriett a woman of colour
vs. )
IreneIrene Emmerson
------------------------------

Plea,

Goode Defendant'sDefdtâsAttorneyAtty.

filed 19 Nov. 1846
Jno. RulandJohn Ruland ClerkClk

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Dred ScottDred Scott , Plaintiff
vs.
IreneIrene Emmerson In the St. Louis Circuit CourtCircuit Court
Defendant. NovemberNov: Term 1846

And the Said Defendant by G.W. GoodeG W Goode , her attorney, comes and defends the force & injury when [illegible] & Says that she is not guilty of the said several grievances above laid to her charge or any or either of them or any part thereof in manner & form as the Said Plaintiff has above thereof complained against her; and of this She, the Said Defendant, puts herself upon the Country.

G.W. GoodeG W Goode
AttorneyAtty: for DefendantDefdt.

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In the . Louis CircuitCircuit Court
CourtCircuit Court .
NovemberNov. Term 1846
--------------- ---------------

Dred ScottDred Scott
vs. )
IreneIrene Emmerson
------------------------------

Plea,

Goode Defendant'sDefdtâs
AttorneyAtty.

filed 19 Nov. 1846

Jno. RulandJohn Ruland ClerkClk

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17 Saint Louis Circuit CourtCircuit Court Record 357
Thursday November 19th 1846
Dred ScottDred Scott
versusvs The defendant by her attorney this day files a plea herein.
IreneIrene Emmerson
HarrietHarriet a woman of color
versusvs The defendant by her attorney this day files a plea herein.
IreneIrene Emmerson
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Saml Russell EsquireEsqr
Present[?]

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June 2, 1847
Mr Russle
Sir

You will examine & furnish me with date upon which you hired DredDred to work ^ for you. From whom you hired him whether from Mrs EmersonEmerson or any one acting as her agent and to whom you have paid the wages [arising] therefrom.

Yours Respectfully

You will please state the same facts in regard to his wife
L
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Dred ScottDred Scott
versusvs.
Irene EmersonIrene Emerson
---------------
Exhibit âAâ
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Mr. J. R. Lackland
[illegible-Sir?]

I hired DredDred & his wife in March 46â from Mrs EmersonEmerson I paid the hire of the servents to Mrs EmersonEmerson . until after She left for . During her absence Mr SandfordSanford collected amountamt of their hires Y

S Russell
[illegible-June? 2d] of 47

that no statement made by Mr. SandfordSanford as respects the purpose [of] for which he stated he wanted the money he got of Mr. RusselRussel , can ^ of itself and in the absence of a proof of his assumed agency for the Defendant, be taken as proof of any ^ such agency.

Given.
[ Depts ]DefendantsDefts

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18 Saint Louis Circuit CourtCircuit Court Record 10
Wednesday June 30th 1847
Dred ScottDred Scott of color ) Trespass
versusvs )
Irene EmersonIrene Emerson )

This day came the parties by their attorneys, and came also a Jury Court: John Sap-pington , , , , , , , , , , (x) , and twelve good and lawful men who being duly elected tried and sworn the truth to speak upon the issue joined between the parties upon their oaths do find and say that the said defendant is not guilty in manner and form as the plaintiff hath in his declaration complained against her Therefore it is considered that the said defendant go hence without day and recover of the said plain-tiff her costs in his behalf expended.

The plaintiff by his attorneys files a motion for a new trial herein.
set aside Vol 18 p 74
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18 Saint Louis Circuit CourtCircuit Court Record 27
Saturday July 24th 1847

Dred ScottDred Scott )
versusvs ) affidavit of plaintiff filed
Irene EmersonIrene Emerson )
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18 Saint Louis Circuit CourtCircuit Court Record 38
Saturday July 31st 1847
Dred ScottDred Scott ) Dred ScottDred Scott ) Freedom
versusvs ) Freedom versusvs )
Irene EmersonIrene Emerson ) Alex. SandfordAlex Sandford , Saml. Russell & Irene EmersonIrene Emerson )
It is ordered that the plaintiff in these two suits, make his election on or before the first day of the next term of this court, which of said suits he will continue to prosecute.
HarrietHarriet of color ) Freedom HarrietHarriet of color ) Freedom
versusvs ) versusvs )
Irene EmersonIrene Emerson ) Alex. SandfordAlex Sandford , Saml. Russell & Irene EmersonIrene Emerson )
It is ordered that the plaintiff in these two suits, make her election on or before the first day of the next term of this court, which of said suits she will continue to prosecute.
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18 Saint Louis Circuit CourtCircuit Court Record 74
Thursday December 2nd 1847
Dred ScottDred Scott )
versusvs )
Irene EmersonIrene Emerson )

On consideration of the motion of the plaintiff for a new trial herein It is ordered that the same be sustained and that the verdict and the judgment herein rendered be set aside and a new trial had.

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18 Saint Louis Circuit CourtCircuit Court Record 76
Saturday December 4 1847
Dred ScottDred Scott )
verusvs ) Bill of exceptions filed
Irene EmersonIrene Emerson )
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18 Saint Louis Circuit CourtCircuit Court Record 89
Saturday December 11th 1847
HarrietHarriet of color )
versusvs )
Irene EmersonIrene Emerson )

It appearing to the court that certain proceedings had in this cause on the thirtieth day of June Eighteen hundred and forty seven, were by mistake omitted to be entered of record on that day, it is ordered that the same be now entered as of that day in the words and figures following to wit:


June 30th 1847
HarrietHarriet of color ) Trespass
versusvs )
Irene EmersonIrene Emerson )

This day come the parties by their attorneys, and came also a Jury Court: , , , , , , , , , , , and twelve good and lawful men who being duly elected tried and sworn the truth to speak upon the issue joined between the parties upon their oaths do find and say that the said defendant is not guilty in manner and form as the plaintiff hath in her declaration complained against her, It is therefore it is considered that the said defendant go hence without day and recover of the plaintiff her costs herein and have thereof execution.

The plaintiff by her attorneys files a motion for a new trial herein
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18 Saint Louis Circuit CourtCircuit Court Record 91
Monday December 13th 1847
Dred ScottDred Scott )
versusvs ) Continued
Irene EmersonIrene Emerson )
HarrietHarriet of color )
versusvs ) Continued
Irene EmersonIrene Emerson )
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18 Saint Louis Circuit CourtCircuit Court Record 92
Monday December 13th 1847
HarrietHarriet of color )
versusvs )
Irene EmersonIrene Emerson )

It appearing to the court that certain proceedings had in this cause on the second day of December Eighteen hundred and forty seven, were by mistake omitted to be entered of record, It is ordered that the same be now entered as of that day in the words and figures following to wit:

December 2nd 1847
HarrietHarriet of color )
versusvs )
Irene EmersonIrene Emerson )

On consideration of the motion of the plaintiff for a new trial herein, It is ordered that the same be sustained, and that the verdict and the judgment herein rendered be set aside and a new trial had.