Irene Emerson vs. Dred Scott (of color)
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PRINTED AND SOLD AT THE NEW ERA OFFICE 28 ½ MAIN STREET.
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Dred ScottDred Scott )
versusvs. )
Irene EmersonIrene Emerson ) IN THE
------------------- ) . Louis Circuit CourtCircuit Court

Take Notice, That on the tenth---------------- day of May, 1847,
between the hours of 8 oâclock in the forenoon, and 6 oâclock in the afternoon of that day, at the
dwelling house of , NumberNo. 90 Myrtle StreetMyrtle Street, in the
,------------------------ ---------------,
--------------------, depositions will be taken to be read on the
trial of the above entitled cases on behalf of the plaintiff; and that the taking of
said depositions, if not completed on that day, will be continued from day, to day at the same
place, and between the same hours, until completed.
To the above named defendant ) C.D. DrakeD Drake ,
) AttorneyAtty for PlaintiffsPltffs.
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I acknowledge service of a copy of the within notice in the , this 10th day of May, 1847.

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PRINTED AND SOLD AT THE NEW ERA OFFICE 28 ½ MAIN STREET.

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HarrietHarriet (of color) )
versusvs. )
Irene EmersonIrene Emerson ) IN THE
------------------- ) . Louis Circuit CourtCircuit Court

Take Notice, That on the tenth---------------- day of May, 1847,
between the hours of 8 oâclock in the forenoon, and 6 oâclock in the afternoon of that day, at the
dwelling house of , NumberNo. 90 Myrtle StreetMyrtle Street, in the
,------------------------ ---------------,
--------------------, depositions will be taken to be read on the
trial of the above entitled cases on behalf of the plaintiff; and that the taking of
said depositions, if not completed on that day, will be continued from day, to day at the same
place, and between the same hours, until completed.
To the above named defendant ) C.D. DrakeD Drake ,
) AttorneyAtty for PlaintiffsPltffs.

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I acknowledge service of a copy of the within notice in the , this 10th day of May, 1847.

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PRINTED AND SOLD AT THE NEW ERA OFFICE 28 ½ MAIN STREET.

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Dred ScottDred Scott )
versusvs. )
Irene EmersonIrene Emerson ) IN THE
------------------- ) . Louis Circuit CourtCircuit Court
HarrietHarriet (of Color) )
versusvs. )
Irene EmersonIrene Emerson )

Take Notice, That on the fourteenththirteenth_____day of May-------- 1847,
between the hours of 8 oâclock in the forenoon, and 6 oâclock in the afternoon of that day, at the
office of Charles D. Drake,--------------------------- in the
,------------------------ ---------------,
--------------------, depositions will be taken to be read on the
trial of the above entitled cases on behalf of the plaintiffs; and that the taking of
said depositions, if not completed on that day, will be continued from day, to day at the same
place, and between the same hours, until completed.
To the above named defendant ) C.D. DrakeD Drake ,
) AttorneyAtty for PlaintiffsPltffs.

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Dred ScottDred Scott
versusvs.
Irene EmersonIrene Emerson
------------------
HarrietHarriet (of Color)
versusvs.
Irene EmersonIrene Emerson
-------------------

I acknowledge service of a copy of the within notice in the , this 10th day of May, 1847.

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DEPOSITIONSof witnesses, produced, sworn, and examined, at the dwelling house of , NumberNo. 90 Myrtle StreetMyrtle Streetin the City and County of ; , before me, , Law Commissioner for the said County, in a certain cause now pending in the Saint Louis Circuit CourtCircuit Court in the , between Dred ScottDred Scott , plaintiff, and Irene EmersonIrene Emerson , defendant, on the part of the Plaintiff C---- of the , of lawful age, being duly sworn and examined on the part of the Plaintiff deposeth and saith:---

I know Dred ScottDred Scott , Plaintiff in the above case. During the years1837 and 1838, I knew him as a Slave. at , at the mouth of . on the west side of the . within the Territorial limits of the . Said ScottScott at this time was held as a slave by a Doctor EmersonEmerson , a Surgeon in the United StatesUnited States Army, who was then posted at . I knew the Plaintiff to be held for only one year by Said EmersonEmerson , as a Slave. During that time Said EmersonEmerson exercised control over, and used Plaintiff entirely as a Slave. Since that time I have only seen Plaintiff occasionally. I know HarrietHarriet , the wife of PlaintiffPlaint Said Dred ScottDred Scott . X I first knew her at . She too was a Slave of Doctor EmersonEmerson at the Same time that I knew DredDred . there. This woman, in the year 1837 was hired to me as a servant by Doctor

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EmersonEmerson , and was in my family some two or three months. I knew Said woman for the same length of time that I did ^ Dred. During that whole time She was held in Slavery by Doctor EmersonEmerson . When I went to to live, I found Doctor EmersonEmerson posted there. How long he had been there I do not know. Doctor EmersonEmerson . left , in the fall of 1837, but left these slaves there. hire out. They remained there until April 1838, when they left for the South, - for . I think. During the whole time that I knew them at they were held in Slavery by Doctor EmersonEmerson , or by persons to whom they were hired by him. They were universally known there to be Doctor Emersons Slaves. At the time that I was at my name was ThompsonThompson . I was then the wife of , Xa LieutenantLieutenant in the army of the . The Plaintiffs in these cases are now in St. LouisSt Louis; and I have been informed and believe, are at W. SamuelSamuel Russellâs . I went to in the latter part of May, or first of June, 1837. and left in May, 1838.


e------------
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I, Jno. H. Watson , "The Law Commissioner of Saint LouisSt Louis County", in the , do hereby certify that , the deponent, whose place of residence is the , in the , was by me Sworn to testify the whole truth of her knowledge, touching the matter in [illegible]in the Cause aforesaid; that deponent was examin [ed], and her examination reduced to writing by me, and Inscribed by Said deponent in my presence, on the tenth day of May A.D. 1847, between the hours of 8 oâclock in the forenoon and 6 oâclock in the afternoon, at the residence of , numberNo. 90 Myrtle StreetMyrtle Street, in the , in the .

In testimony whereof I have hereunto Inscribed my name and affixed my official seal, on this tenth day of May, A.D. 1847.

Jno. H. Watson.

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Opened & filed MayMy 11th 1847
Jno. RulandJohn Ruland clerk
X


Deposition

Dred ScottDred Scott .
versusvs.
Irene EmersonIrene Emerson .
-----------------------

Commissioner [ Leer[?] ]Fee $1.50.
Paid by Dred ScottDred Scott
AttorneyAtty. for Plaintiff.

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Depositions of witnesses, produced, sworn, and examined at the office of Charles D. Drake , in the , & , before me, the undersigned, , a justice of the peace within & for the aforesaid, in two certain causes now pending in the Circuit CourtCircuit Court , within & for the said , , in one of which causes Dred ScottDred Scott is plaintiff and Irene EmersonIrene Emerson is defendant, and in the other of said causes HarrietHarriet (of color) is plaintiff & the said Irene EmersonIrene Emerson is defendant, on the part of the plaintiffs.

c x of lawful age, being produced, sworn & examined on the part of the plaintiffs, deposes & says:â I know the negro man named DredDred , who is the plaintiff in this suit. I first knew DredDred some time in the year 1834 , at , Illino in the . He was then a servant belonging to Doctor EmersonEmerson , who was there an Assistant Surgeon in the Army of the United StatesUnited States, and was stationed at . He was held in service there by Doctor EmersonEmerson as a slave from the time I first knew him, until April or May 1836. At that time, was evacu ^ ated by the troops, to which was attached, and the troops with Doctor EmersonEmerson went from to , which is situated at the junction of the with the , on the west side of the MississippiMississippi, within the Territorial limits of the and North of the . From the time the troops arrived at until the 7th day of July 1837. I knew DredDred to be held by Doctor EmersonEmerson , as a slave, at . At the last mentioned date I left that place. During all the time I knew DredDred at

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and , he was claimed by Doctor EmersonEmerson as a slave and used by him as such. During the time I have mentioned, I was in the Army of the United StatesUnited States, and attached to the same troops, to which Doctor EmersonEmerson was attached.

I am now Second LieutenantLieutenant in âs Company of Volunteers known as the " MissouriMissouri Guards," raised for service in , and expect, probably some time next week the Company will leave for its destination. Further he saith not.


X

State of MissouriMissouri )

)[illegible abbreviation] I. , a Justice of the Peace within and for the County aforesaid, do hereby certify that , the above named deponent was by me sworn to testify the whole truth of his knowledge, touching the matter in controversy in the causes aforesaid; And that his deposition was reduced to writing and subscribed by him in my presence, on the thirteenth day of May, 1847, between the hours of eight oâclock in the forenoon And Six oâclock in the afternoon, at the Office of Charles D. Drake in the , in the and .

Given under my hand May 13th 1847.


Justice of the Peace

Fee $ 1.00 paidpd. by Dred ScottDred Scott , plaintiffplff.

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Opened & filed on May 13th. 1847
Jno. RulandJohn Ruland Clerk.
2

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

HarrietHarriet of Color
versusvs. )
Irene EmersonIrene Emerson
--------------------


Depositions for plaintiff

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SS.
,

To . U.S.A.

GREETING:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear be-
fore our Circuit CourtCircuit Court for the county aforesaid, on the 30th day of June, inst[?]
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,
whereinDred ScottDred Scott is
plaintiff and Irene EmersonIrene Emerson is
defendant on the part of plaintiff
and herein you are in no wise to fail.

Witness, , Clerk of our said Court, with the seal thereof hereto affixed, at office, in the City of St. LouisCity of St Louis, this 24th â day of June in the year of our Lord one thousand eight hundred and forty- seven

Jno. RulandJohn Ruland Clerk Circuit CourtCircuit Court C.C.

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30
Circuit CourtCircuit Court
-----------------------------------

Dred ScottDred Scott
versusvs.
Emmerson
-----------------------------------

Witneses for plaintiff

X 30

||

X 29

X 30

X 28

X 28

||

Executed June 30th 1847 by reading Thos. O Flaherty ThosThomas . Gray & (M H Clark & not found


Sheriff
By Geo N. Stevens DeputyDepty

Fee $2.70

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SS.
,
To (at Whittermores first door above the bank of MissouriMissouriMo on same side) StuartStuart Carter at Pay masters office on 5th StreetSt â
GREETING:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear be-
fore our Circuit CourtCircuit Court for the county aforesaid, on the 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,
whereinDred ScottDred Scott is-----------------------------------------------------------------------------------------
plaintiff and Irene EmersonIrene Emerson ----------------------------------------------------------------------------------
defendant on the part of plaintiffplff----------------------------------------------------------------------------------
and herein you are in no wise to fail.

Witness, , Clerk of our said Court, with the seal thereof hereto affixed, at office, in the City of St. LouisCity of St Louis, this 26 â day of June in the year of our Lord one thousand eight hundred and forty- 7

Jno. RulandJohn Ruland Clerk Circuit CourtCircuit Court C.C.

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ScottScott

versusvs.

Emmerson

forthwith â

X
X
Executed June 30th 1847 by reading

Sheriff
By Geo N. Stevens
DeputyDepty

Fee $1.00
1020
50
25
30
------------
$11.25
420
50
25
30
---------------
5.25
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SS.
,
To
GREETING:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear be-
fore our Circuit CourtCircuit Court for the county aforesaid, on the 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,
whereinDred ScottDred Scott is-----------------------------------------------------------------------------------------
plaintiff and IreneIrene Emmerson is----------------------------------------------------------------------------------
defendant on the part of the defendant.
and herein you are in no wise to fail.

Witness, , Clerk of our said Court, with the seal thereof hereto affixed, at office, in the City of St. LouisCity of St Louis, this 30th â day of June ^ in the year of our Lord one thousand eight hundred and forty- seven

Jno. RulandJohn Ruland Clerk Circuit CourtCircuit Court C.C.

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ScottScott
)
versusvs.) [SubpoenaSpa]
)
Emmerson
=====================


Executed by reading June
30th 1847
SheriffShff
By Deputy
Service 50 cts
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Dred ScottDred Scott ) In . Court
versusvs . ) April Term 1847
IreneIrene Emmerson )
)
Harriet Scott )
versusvs. )
IreneIrene Emmerson )

Now at this day comes the plaintiffs in the above causes and moves the Court to set aside the verdict [rendered] in their cause for the following reasons

1 Because said verdict is against [law] the evidence
2 Because said verdict is against law & evidence
3 Because the verdict is against the weight of evidence,
S M Bay attorneyatty for plaintiffs
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X
ScottScott
versusvs.
EmersonEmerson


MotionMo for new trial


Filed June 30. 1847


. RulandJohn Ruland clerk

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Dred ScottDred Scott )
versusvs. ) In . Louis Circuit CourtCircuit Court
Irene EmersonIrene Emerson ) April Term 1847


HarrietHarriet (of color) )
vs. )
Irene EmersonIrene Emerson )

Now at this day comes the said plaintiffs & [illegible] additional reasons for moves the Court to set aside the verdict rendered herein & grant a new trials in the above entitled Causes for the for the follow reason, in addition to the reasons mentioned in the motion here before filed to wit; Because the said plaintiffs were suprised by the ^ testimonyevidence of the witness RussellRussell who testified in ther Cause.

S M Bay attorneyatty for plaintiffsplffs

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X
additional Reasons for new trial
Filed July 1st. 1847
Jno. RulandJohn Ruland clerk
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Dred ScottDred Scott )
versusvs. )
Irene EmersonIrene Emerson )

Dred ScottDred Scott , the plaintiff in this Cause in Support of his motion for a new trial[ [,] ]States upon oath. That he was Surprised in the testimony of the witness , by whom he expected to move that he, this affiant, was hired as a Salon by Said RussellRussell from the defendant, previous to the Commencement of this Suit, & that Said RussellRussell Paid to Said defendant money for the hire of this affiant as a X Slave, and that he did not know previous to, or as [illegible] the trial of Said Cause that he could ^proveXSaid facts, or Could prove that he was claimed as a Slave or held in Slavery by Said defendant, by any other person than Said RussellRussell , and therefore relied solely upon the testimony of Said RussellRussell to prove Such facts as now necessary to maintain Said Suit of which Said defendant, is the person holding this affiant in Slavery. XThis affiant in support of this affidavit makes an exhibit of a certain letter addressed to Said RussellRussell by J.R. Lackland one of the Counsel of this affiant & the answer of Said RussellRussell to the Said letter âfrom which it will appear, that previous to Said trial Said RussellRussell informed Said Lackland that he Said RussellRussell hired this affiant in March 1846.

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from the defendant & that he Said RussellRussell Paid the Said hire of this affiant to Said defendant.

This affiant further states that relying solely upon the testimony of Said RussellRussell to prove these facts & knowing no other person by whom he could prove the same facts, or other facts tending to the Same [ends], he went into trial. When to his Surprise Said RussellRussell testifyed in effect that he did not hire this affiant from XSaid defendant, nor did he pay Said hire to Said defendant, for that his Knowledge of such facts was solely derived from the information of his Wife. This affiant thus taken by surprise in the testimony of Said RussellRussell [,] was unable to establish Said facts to the Satisfaction of the Jury, for which reason, he supposes, a verdict was rendered against him.

This affiant states that previous to said trial he had no knowledge that the Wife of Said RussellRussell had any knowledge that this affiant was held in Slavery by Said defendant but that if a new trial is granted to him he expects to prove by the testimony of the Wife of Said RussellRussell that Said defendant, previous to the Commencement of Said Suit hired this affiant to the Wife of Said RussellRussell ,

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acting as the agent of her Said husband, and that her acts in this ocassion were ratifyed & approved by her Said husband & that Said defendant Claimed this affiant as her Slave.

This affiant avers that previous to Said trial he had no knowledge that the Wife of Said RussellRussell , or any other person ^ than Said RussellRussell had any knowledge that this affiant was held in Slavery by Said defendant.

This affiant avers that the facts [illegible] in his petition to sue for his freedom are true. That he was & is a free man & was at the time of the Commencement of this Suit held in Slavery by Said defendant [.] That the verdict against this affiant is unjust & oppressive tending to the [...]tion of rights to which he is entitled by the laws of the land. And that upon a new Xtrial he will be able to establish his right to freedom & to prove that he was & is unjustly & unlawfully held in Slavery by Said defendant.

his
DredDred X ScottScott
mark

Subscribed & sworn this

24th July 1847. Jno. RulandJohn Ruland clerk

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X
Dred ScottDred Scott
versusvs.
Irene EmersonIrene Emerson

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

Affidavit of Dred ScottDred Scott
an application for a new trial

---------

Filed July 24th 1847
Jno. RulandJohn Ruland clerk

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Dred ScottDred Scott
versusvs.
IreneIrene Emmerson .

The plaintiff Elects to take a new Trial

Field & Hall
for plaintiffplff

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Filed Nov 15th 1847
Jno. RulandJohn Ruland clerk

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Supreme Court of MissouriSupreme Court of Missouri ~~ March Term 1848
==========================================================
Irene EmersonIrene Emerson )
vs. ) [ Envoi[?] ]Error to Louis Circuit CourtCircuit Court .
Dred ScottDred Scott (of Color) )

Now at this day come again they parties aforesaid by their respective attornies, and the Court here being now sufficiently advised of and concerning the premises, do consider and adjudge that the judgmen said plaintiff take nothing by her writ of error sued out in the ab [ gap:  ] [ove entit]led causeâ but that the said writ be dismissed, and  [ gap:  ] [that] the said  [ gap:  ]  go thereof without day and recover of the said plaintiff his costs an [ gap:  ] [d char]ges herein expended and have thereof execution.

==========================================================

State of MissouriMissouri

I, Clerk of the Supreme CourtSupreme Court of the State of MissouriMissouri, do hereby certify that the foregoing is a full and complete transcript of the judgment of said Supreme CourtSupreme Court , rendered at its March Term 1848, in the Case of Irene EmersonIrene Emerson Plaintiff in error, and Dred ScottDred Scott (of Color) defendant in error, âfrom t [ gap: ;reason: torn ] [he] Louis Circuit CourtCircuit Court .

In testimony whereof I hereunto set out my hand and affix the seal of said Court, at office, in the City of JeffersonCity of Jefferson, the 24th of July anno dominiAD 1848.

H.S. Boon


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In the Louis Circuit CourtCircuit Court
November Term 1847
19 / nee[?] Nov. 46
Irene EmersonIrene Emerson
[vs.]
Dred ScottDred Scott , of Color
------------------------------

Dismissed at Costs of PlaintiffPltff.

Filed Dec. 11th 1848.
Jno. RulandJohn Ruland Clerk

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EMMERSON v. HARRIET (of color.)

1. A writ of error will not lie to a judgment granting a new trial; it is no final judgment.
2. Nor can the improper granting a new trial be assigned for error.


ERROR to St. Louis Circuit CourtCircuit Court.

SCOTT, J., delivered the opinion of the Court.

This is an action to try the right of HarrietHarriet to her freedom. There was a verdict for the defendant. Afterwards, a motion for a new trial was made and sustained. An exception was taken by the defendant to the granting of the motion, which being overruled she has brought the cause here by writ of error.

From the foregoing statement of facts, it is clear, that there is no final judgment, upon which a writ of error can only lie. The cause is still pending in the court below. Moreover, the case of Helm v. Bassett , 9 Mo. R. 52, settles the point that the granting of a new trial cannot be assigned for error. a The other Judges concurring, the writ will be dismissed.

The other Judges concurring, the writ will be dismissed.



~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
EMMERSON v. DRED SCOTT (of color.)
ERROR to St. Louis Circuit CourtCircuit Court.
SCOTT , J. delivered the opinion of the Court.

This case is in all respects similar to that of Emmerson v. HarrietHarriet , decided at this term, and a similar disposition is made of it.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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Supreme Court of MissouriSupreme Court of Missouri ~~ March Term 1848

==========================================================

Irene EmersonIrene Emerson )
vs. ) [ Envoi[?] ]Error to Louis Circuit CourtCircuit Court .
HarrietHarriet (Colored woman )

Now at this day come again they parties aforesaid by their respective attornies, and the Court here being now sufficiently advised of and concerning the premises, do consider and adjudge that the said plaintiff take nothing by her writ of error sued out in the above entitled cause â but that the said writ be dismissed, and that the said go thereof without day and recover of the said plaintiff his costs and charges herein expended and have thereof execution.

==========================================================

State of MissouriMissouri

I, Clerk of the Supreme CourtSupreme Court of the State of MissouriMissouri, do certify that the foregoing is a full and complete transcript of the judgment of said Supreme CourtSupreme Court , rendered at its March Term 1848, in the case of Irene EmersonIrene Emerson Plaintiff in error, and HarrietHarriet (Colored woman) defendant in error, from the Louis Circuit CourtCircuit Court .

In testimony whereof I hereunto set out my hand and affix the seal of said Court, at office, in the City of JeffersonCity of Jefferson, the 24th of July anno dominiAD 1848.

H.S. Boon

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20
Louis Circuit CourtCircuit Court
November Term 1847
no 1 Nov. T. 1846
Irene EmersonIrene Emerson
[vs.]
Harriet , (Col woman)
------------------------------

Reversed + dismissed

Filed Dec. 11th 1848.

Jno. RulandJohn Ruland Clerk