Dred Scott vs. Irene Emerson
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State of )
)
Dred ScottDred Scott , a Slave )
versusvs. ) . Louis Circuit CourtCircuit Court
Irene EmersonIrene Emerson )
-------------------------- ) of the November Term A D 1849
HarriettHarriett , of color )
vs. )
Irene EmersonIrene Emerson )
vs.

And now at this time comes Irene EmersonIrene Emerson , by GarlandGarland Norris & NorrisGarland Norris her Attorneys & moves this Honorable Court for a new Trial in the above entitled Causeâs, & herewith files her reasons in support of said motion

1st The verdict was contrary to Law
2d The verdict was not supported by the Evidence
3d The Instructions asked for by the Plaintifs counsel & given by the Court, were not according to the Law & the Evidence
4th The Court erred in refusing the Instructions asked by the Defendants Counsel.
GarlandGarland Norris & NorrisGarland Norris
DefendatsDeftsAttorneyAtty
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. Louis Circuit CourtCircuit Court
----------------------------
Dred ScottDred Scott â Slaveâ
versusvs.
Irene EmersonIrene Emerson
----------------------------

MotionMo for New Trial

Filed Jan 12. 1850
M. S. Carrȳ clerkclk.

GarlandGarland and NorrisG & N
DefendantsDftsAttorneyAtty
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State of )
)
Hariet of Color )
versusvs. ) . Louis Circuit CourtCircuit Court
Irene EmersonIrene Emerson )
-------------------------- ) of the November Term Anno DominiA D1849

And now at this time comes Irene EmersonIrene Emerson , by GarlandGarland Norris & NorrisGarland Norris her Attorneys & moves this HonorableHon Court for a new trial in the above entitled Cause, & herwith files her reasons, in support of said motion, to wit.

1st The verdict was contrary to Law
2d The verdict was not supported by the Evidence
3d The Court erred in giving the instructions asked by the Plaintiffs Counsel
4th The Court erred in refusing the Instructions asked by the Defendants Counsel.
GarlandGarland Norris & NorrisGarland Norris
Defendant'sDeftsAttorneysAttyâs
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. Louis Circuit CourtCircuit Court
----------------------------
Hariet â of Colorâ
versusvs.
Irene EmersonIrene Emerson
----------------------------

MotionMo for New Trial

Filed Jan 12. 1850
M. S. CerrȳCerrȳ clerkclk.
&
Defendant'sDftsAttorneysAttyâs
Mar 17.. 1847
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State of )
County of Louis ) Louis Circuit CourtCircuit Court
--------------------------- --------------------------
Harriet , of Color ) of the November Term Anno DominiA D1850
versusvs. )
Irene EmersonIrene Emerson )

It is hereby Stipulated by and between the parties in the above entitled cause, by their respective Counsel, that inasmuch as the points & principles of Law to be decided in the case of Dred ScottDred Scott versusvs. Irene EmersonIrene Emerson are identical with those on the cause in the caption that the decision of the Supreme CourtSupreme Court , in said Scotts case, Shall also decide & conclude the case of the Said, HarrietHarriet his wife & that upon the filing of a duly certified copy of the decision & decree of the Supreme CourtSupreme Court of the State of MissouriMissouri in Said Scotts cause, in the case of HarrietHarriet , of Color against Irene EmersonIrene Emerson , the same shall have equal force & Effect as in Scotts Caseâ

.N. Hall ,
AttorneyAtty. at Law,
GarlandGarland Norris & NorrisGarland Norris
Defendant'sDftsAttorneysAttys
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. Louis Circuit CourtCircuit Court
---------------------------
HarrietHarriet of Colorâ
versusvs.
Irene EmersonIrene Emerson
---------------------------
âStipulationâ
Filed Feb 12. 1850
M.. S. CerrȳCerrȳ clerk
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ScottScott
versusv verdict & by Courtjudgementjudgt for DefendantD
Emerson
No 2 Nov T. 1846HarrietHarriet
versusv
EmersonEmerson

In accordance withBy stipulation filed filed Feb 12. 1850, ^ that the judgment in this case was to abide the decision of the case of ScottScott versusvEmersonEmerson , the judgment in this case is set aside, & verdict & judgment for defendant, to

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State of ) . Louis Circuit CourtCircuit Court
CountyCounty Saint Louis of . LouisCounty Saint Louis ) of the November Term A D 1849
------------------------
Dred ScottDred Scott ^ (a man of color)a slave )
versusads. ) Bill of Exceptions
Irene EmersonIrene Emerson )
------------------------

Be it remembered that on the trial of this Cause at the November Term of this Court Anno DominiAD1849â That the entire evidence offered by the Plaintiff Dred ScottDred Scott was contained in the following Depositions (here insert the Depositions of , & Catharine A Anderson ) & the testimony of who testified that he hired the Plaintiff ScottScott of Mrs. EmersonEmerson ^ the widow of . John Emerson who was a surgeon in the United StatesUnited StatesU.S. army at and & paid the wages due, sometimes to her & sometimes to her agent, that such hiring was previous to the commencement of this suit & was in the City & County of . LouisSt Louis ^ she claimed the PlaintiffPltff as her Slave â That the Defendant EmersonEmerson offered no testimony illegible on said trial, but asked of the Court the following instructions (here set out instructions marked âAâ) which the Court refused to give, to which refusal the Defendant, by Counsel, then & there exceptedâ That thereupon the Plaintiff ScottScott , by Counsel, asked the following instructions (here set out instructions marked âBâ) which were given by the Court & to the giving of which the Defendant by her Counsel there & then Excepted â That under Said Depositions Testimony & Instructions the Jury on the trial aforesaid, âfound for the plaintiffâ ^ the following verdict. (here insert the verdict) Whereupon Defendant filed by her Attorney at the Same Term & within four days after trial & verdict the following motion, with the accompanying reasons for a New trial ( here insert the motion etc. filed JanuaryJany 12th1850â50) that said Motion afterwards coming on to be heard at Said Term in its regular place upon the Law Docket, after hearing was by the Court refused, to which refusal to grant a new trial, Defendant by Counsel then & there duly Excepted & now Excepts & to preserve the Evidence of all of which, the Counsel for the Defendant asks that this

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her Bill of Exceptions may be signed & made part of the Record all which is done accordingly A. HamiltonAlexander Hamilton Judge. [illegible]

. Louis Circuit CourtCircuit Court
-------------------------
Dred ScottDred Scott )
againstags )
Irene EmersonIrene Emerson )

Bill of Exceptions
& NorrisGarland G Norris N NGarland G Norris N
Defendant'sDftsAttorneysAttys
Filed Feb 13 1850
M. S. CerrȳCerrȳ clerk
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In Supreme CourtSupreme Court , MissouriMissouri, at S LouisS Louis, March Term 1852.
Dred ScottDred Scott )
versusvs. ) Error to St Louis Circuit CourtCircuit Court .
)

Now come again the parties herein by their respective attorneys, and the Court here being now sufficiently advised of and concerning the premises, do consider and adjudge that the Judgment aforesaid, in fore aforesaid by the said Circuit CourtCircuit Court rendered, be reversed, annulled, and for nought held and esteemed, and that said appellant be restored to all things which he has lost by reason of said judgment; and the Court further consider, that said cause be remanded to said Circuit CourtCircuit Court for further proceedings, according to the opinion of this Court herein delivered, and that said plaintiff recover against said Defendant his costs and charges herein expended and have thereof execution

The State of MissouriMissouri .

I , Clerk of the Supreme CourtSupreme Court of the State of MissouriMissouri, at LouisSt Louis, certify that the foregoing is a full and true transcript of the judgment of said Court in the case of Dred ScottDred Scott against Irene EmersonIrene Emerson , decided at the aforesaid term of said Court. Witness my hand and the Seal of said Court at Office in S LouisS Louis this Tenth day of April Anno Domini Eighteen hundred and fifty two.

Wm. S. G. Carrville
Clerk
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Cir. CourtCircut Court .
ScottScott
versusvs.
EmersonEmerson
-----------------
JudgementJudgt.
. Court.
filed May 28th 1852
M. S. CerrȳCerrȳ ClerkClk