Title: Estate of Gabriel Cerre by August Chouteau, Exceutor v. Antoine Delard
Plaintiff: Chouteau, AugustCerre, Gabriel (deceased)
Defendant: Delard, Antoine
Date Filed: October 12, 1816
Term: May Term, 1817
Cause of Action: Trespass
Case Number: 2
Court: St. Louis Circuit Court
Publication Info: St. Louis, Missouri: Washington University in St. Louis, University Libraries
2011
Source: The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Availability: Documents are in the public domain
Ss.
said letters of administration and
to the count here their, complains of Antoine Delard of
a plea of Trespass or the law. Ya that the said
at the John of saint Louis, and county
Louis and within the jurisdiction of this county on the
seven hundred & Ninety three
note of that doth by him by the name of Ant.
Delard subscribed and to the said Gabriel Cerre then
and description of
sum of Five Hundred, thirty five
and nineteen
You the said Defendant though of
to pay to the said
still doth refuse 1. pay the same to the plaintiff
his execution to the damage of
of Gabriel
vs
Caps
This is an
$200.
The sheriff will take
Bail for two hundred
M.
Non Est
Non Est 50 dts
1811
Delard ads. Cerri
1. Plea.
Stat. Lim
and the said Antoine Delard by
a
where & where
chartow
to have a maintain his said
against him, because he
cause of action in the said declaration
ed did not accused to the said plaintiff at
any time in their five years before the
of the fill of he said
this
said plaintiff
against him the said continue
this he is
action aforesaid thereof against him ought
to have and maintain.
2. Plea
Sol. ad
diem.
and for further plea in this
to the statute in that case made and provided
the said
definds the
him, because he
Deland on the
year are thousand seven hundred and ninety three
to the said
of among mentioned in the declaration
of the said request
him, according to
of the said from is
named and this he is
wherefore he
said
as maintain his aforesaid
thereof against him.
3. Plea.
Sol.
diem.
and the said
plea in this behalf
stated in that case made
by his said
among and
and
said
to have
after the said
the year one thousand and seven hundred
and ninety three
day of May in the year one thousand
seven hundred and ninety five
submit
mentioned in the plaintiff declaration
against him, together with
and effect of the said
and this he is
he
against him
and the said plaintiffs for
and
at
being
was
thousand eight hundred & sixteen
the
the
And for
the
in the Year one thousand, seven Hundred & ninety
three
and the debt does the same
tho
said plaintiff saith he ought not to be found produces
because he says that the said Defendant did not who
the county aforesaid, on the
seven hundred & Ninety five
Gabrial
he pay may be
and the deft does the same
Benton.
Antoine Dulard
ads.
Pleas
1. State
2. Jol. ad diem.
3. Jol. post dienr.
Day
Delard ads. Cerris
Rejoiner in to replication to the first plea.
And the said Antonie Dulard, as to the said replication of
the said plaintiff to the first plea of him the said Antonie
Delard, saith that he said plaintiff ought not by season
of any thing on that replication above alledged to have
or maintain his aforesaid actions agree to him because
he says, that within five years
times of the writ of the said plaintiff is this case he
was
of
of the
aforesaid, and this be pays on
this county.
Deland ads
Regeindon to Repb.
read on said
Deland on the part of the Deft.
The said deponent being first duly
be had known the Deft. Automic Deland since thirty years and
twenty four years of that time on this
last of the year 1796 and the
and automic
were at that time employed at the pioias that Con. automic
Delard was well able in this time and ever since to pay his debts
that Mc. automic Delard has aesided since twenty one years at
the piore as and that almost every fall and opeing denory the life
of Con Cenre, he Con Cenre was in the habet of passing by
the pioias on his way to & from Mainaum and that he often
saw Mc. cenre and Mc Delard together, and at one time the
whole there, that is the acponent, M. Delard and Mc Cerne
went in three canoes in company to Maconour which was
in the seon 1797 in the month of June and July of that zean,
and that he does not know that Mc Delard has been about
from his home at the Piorias,
in the
in the year 1315 he deponent came with the said automic Delard
from Maimann and parted from him at the
was
in open court, this
vs
Antoine Delard
Dep. of Laroche
1817
Know all men by these presents, That
as
bound unto
in office, in the sum of
currency of the
selves and each of us by
assigns, firmly by these presents. Sealed with our seals and dated this
The condition of the above obligation is such, That if the above bound
in a plea of Trespass on the
Damage of the said
said
and if judgment be given against
the said
aforesaid and costs, or the amount of the condemnation of the court, or surren-
der
will do it for
virtue in law.
Signed sealed and delivered
in the presence of
Nicholas H Lecompte
mark
Greeting.:
You are hereby commanded to summon
that setting aside all manner of excuse and delay
person before the judge of our circuit court
at the town of
controversy now pending in our said court, wherein
of
part of the
our Lord, one thousand eight hundred and
Independence of the
A. J. McGirk
Augt. Chouteau
vs
Executed
Greeting:
You are hereby commanded to summon
that setting aside all manner of excuse and delay
person before the judge of our circuit court
at the town of
controversy now pending in our said court, wherein
part of the
Lord, one thousand eight hundred and
pendence of the
A. J. McGirk
Augt. Chouteau
vs
Antonie
Louis Bison
forthwith
sum 33
Greeting.:
You are hereby commanded to summon
that setting aside all manner of excuse and delay
person before the judge of our circuit court
at the town of
controversy now pending in our said court, wherein
G. Gerre
part of the
our Lord, one thousand eight hundred and
Independence of the
Chouteau
Deland.
Jpa. for Iho.
Executed
Shff
Greeting:
You are hereby commanded to summon
that setting aside all manner of excuse and delay
person before the judge of our circuit court on the
at the town of
controversy now pending in our said court, wherein
Coni
part of the
our Lord, one thousand eight hundred and
Independence of the
And
2.50
33
33
39
33
3.88
10
6
4.04
Aug Chouteau
vs
Louis Buisson
for plff
Non est
non
Greeting:
You are hereby commanded to summon
that setting aside all manner of excuse and delay
person before the judge of our circuit court
at the town of
controversy now pending in our said court, wherein
part of the
Lord, one thousand eight hundred and
pendence of the
of bare
vs
antoni
for
behalf of the dependant
Executed
A.
for J.
service 33
sct.
We command you
if
for the county of
to answer unto
of
damage of the said
there thiw writ.
presiding Judge
one thousand eight hundred and
of the
sct.
We command you to take
if
body before the judge of our
for the county of
to answer unto
damage of the said
the sum of
there
presiding Judge of our said court
day of
thousand eight hundred and
the
