Title: William H. Pepper v. Isaac White
Plaintiff: Pepper, William H.
Defendant: White, Isaac
Date Filed: March 6, 1829
Term: March Term 1829
Cause of Action: Debt
Case Number: 51
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
thereof in the year of our Lord
1829
attorney complains of
that he under into him the said plaintiff, the sum of
one hundred twenty five dollars, with interest thereon at
the rate of six per centum per annum from the
of January 1818
and from him unjustly detains. For that whereas, the
said plaintiff
saturday the
of our Lord eighteen hundred and eighteen,
Honorable Adam Beatty Judge of the Mason Circuit
Court, at the court house in the Town of
by the Consideration and Judgement of the said
Court, recovered against the said defendant
dollars with interest thereon at the rate of six
centum peramum from the
paid; and also his costs and charges by him about
his suit in that behalf expanded, which in and by
the said Court,
to the said
which he had sustained, as well by
detention of the said debt, as for his costs and charges
by him about suit in that behalf expended,
whereof the said
by the record and proceedings thereof remain-
ing in the said Court a true Copy of Which, or
full and complete transcript of the papers and proceed-
ings in the said suit, wherein the judgement aforesaid
was rendered, as certified by the Clerk of said Court
under the seal of the said Court, and which is now
to the Court hour shown more fully appears;
which said Judgement still
and effect, not reversed, satisfied or otherwise
hath not obtained, any satisfaction of or upon said
Judgement, so recovered as aforesaid; whereby an action
hath accrued to the said
demand and have of and from the said
dollars with interest thereon at the rate of Six per
centum per annum, from the
1818
often requested lo to do) hath not yet paid the said
sum of one hundred and twenty - five dollars, with
interest thereon at the
annum from the
above demanded, the said
and still doth refuse. To the damage
of the said
dollars, and therefore he brings suit
P. Q.
Know all men by that presents That I,
of the
held and firmly bound unto
of fifty dollars, Lawful money of the
payment of which,
my self, my heirs. executers and administrators, firmly
by these presents. I can do with my Seal. Dated at St.
Louisthis
Lord eighteen hundred and Twenty nine.
The above obligation, is never the
condition: Whereas,
an action of debt, in the
on a judgement heretofore
Court in the
said
all costs which may accrue in the aforesaid action now
instituted in the
Willian H. Pepper is plaintiff and the said
and virtue: witness my hand and seal the day
and a year aforesaid -
The
We command you to summon
the Judge of our Circuit court at the next term thereof to be held at the
city of
of March instant then and there to answer unto
of a plea that he render unto him the said plaintiff the sum of one
hundred twenty five Dollars with interest thereon at the rate of Six per
centum per annum from the
damage of the said
you then there this writ
at office this
Eight Hundred and twenty Nine
Executed this writ,
by
acknowledging
In the.
William H.Pepper
vs
This is an action of debt
for $ 125. with interest on
$ 85.00-
Let a summons issue
for deft.
P.Q.
against In Debt Issac White defendant
Pleas at the Court house in the town of
Washington. County of Mason and Commonwealth
of
Beatty. Judge of the Mason Circuit Court, on
Saturday the
Be it remembered that heretofore, to wit:
on the
by his attorney A. R. Depew, filed in the Clerks
office of the Mason Circuit Court, his certain
declaration of a plea of debt, against
Declaration
unto him said plaintiff the sum of One
hundred and twenty five dollars, which to
him he owes and from him unjustly detains.
For that whereas the said defendant on the
County aforesaid, by his certain writing obligations, sealed with his seal, and now to the
Court here shown, the date whereof is the day
and year last aforesaid, promised that he
said defendant, twelve months after the
date of said writing obligations. would pay to
the said plaintiff, the said sum of $ 125
Whensoever he said defendant should be there
unto afterwards requested: Nevertheless the said
defendant although after requested & hath not
as yet paid the said sum of $125. nor any part
thereof, but to pay the same, hath hitherto
wholly failed and refused, and
and therfore he brings his suit &C.
Note
The note upon which the foregoing declaration
was founded is as follows to wit:
Twelve months after date, I promise to
pay
hundred and twenty five dollars, for value
received, as witness my hand and seal this
attest
Credit
Upon the back of which is the following credit.
Received of the within, Fifty dollars
this
Upon the foregoing declaration, issued the following. capias ad
"The Commonwelth of
Sheriff of
command you to take
he may be found within your bailiwick and
him safely to keep. so that you
before the Judge of our
at the Court house thereof in the town of
Term to answer
of debt one hundred and twenty five dollars-
Damage one hundred and twenty five dollars.
And have then and there this writ. Witness
at the Court house aforesaid, the
april 1818,
Commonwealth.
Upon the foregong is the following endorsment and return. to wit
"This is an action of debt. Bail is required.
Came to hand
Executed on the within named
the
special Bail.
We do hereby acknowledge ourselves special
Bail, for the within named
the suit named in the within writ.
Witness our hands and seals this
1818
At a Court held for the Mason Circuit on
Saturday the
Judgment
Came the plaintiff by his attorney and
having filed his declaration on the
April 1818.
thereon being duly executed, the defendant
was solemnly called but came not: Therefore
it is considered by the Court, that the plaintiff
recover against the said defendant the sum
of one hundred and twenty five dollars, the
debt in the specially filed herein mentioned
with Interest thereon at the rate of
per
of January 1818.
and the said defendant in
But this judgment is to
Fifty dollars paid on the
1817
upon the foregoing Judgment issued the
following
1st Execution
``The Commonwealth of
your, that of the estate of
of your
of One hundred and twenty five dollars with Interest
thereon at the rate of six per
from the
which
Circuit Count, hath recovered against him
for
dollars, sixty three and half
said
was
whereof he is convicted, as appears to us of accordance
that your have the said debt.
and costs before the Judge of our said court
on the third Wednesday in July next, to
to the said
interest and costs aforesaid, and have then
there this writ. Witness,
of our said Court, at the Court house in
the
the 27th year of the Commonwealth
Endorsement and return thereon to wit:
This
paid on the
Judgement.
A. M. No property found
Q C. Execution
The Commonwealth of
Sheriff of
you that you take
be found within your
safely keep so that you
our Judge of our
third Wednesday in June next to satisfy
and twenty five dollar with Interest
at the
from the
which the said
against him for debt and interest: also the
sum of five dollars, ninety six and half cents
which to the said W. H. Pepper in the same
Court was
his
is convicted as appears to us of record, and that
you have the said
of our said Court, on the third wednesday
in June next to
Witness
Court at the Court house is the town of
the 27th years of the Commonwealth.
Endorsment and
"This
paid on the
Came to hand
within named
ant of this Commonwealth.
I
certify that the foregoing six pages contain a full
and complete transcript of the
in the
In Testimony whereof I have
set my hand and affixed the seal
of said Court at
37th year of the commonwealth.
the
the
who is clerk of
form given under my
vs
Copy record
Costs of suit is $ 5.96 1/2
copy of record 1.25
seal and tax 1.00
$ 8.21 1/2
In the
And the said
his attorney comes and defends the wrong and injury
when
the said supposed recovery in the said declaration
mentioned
of
plaintiff hath above in his said declaration
verify wherefore he prays Judgment if the
said plaintiff ought further to have or maintain
his action aforesaid there of against him
the said Isaac
atty for
No 5 page 365
Plea
atty
vs.
Cirt Court
Term 1829
I claim my tax fee in
the above case which
the clerk
tax in the
amounting to $ 3.00
1829
