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The Missouri State Archives stated that this file had water damage. We think there may also be pages missing. As it came from the Archives, the pages were probably out of order; this is a possible rearrangement of the pages. The file is very difficult to read and understand. The following is a condensed timeline:
22 May 1804: Francis Bittick indebted to Ammon Davis
April 1805 - July 1807: Ammon Davis v Francis Bittick in Court of Common Pleas, Town of St. Louis, District of St. Louis, Territory of Louisiana
April 1805: Francis Bittick to appear June 1805 and answer to charge of trespass and $50 damages to Ammon Davis
May 1806: Subpoena for Leonard Ferrer and Alexander McCourtney
May 1807: Judgment: Francis Bittick to pay Ammon Davis his costs and charges $41.21 & 1/2 cents
Notes:
Missouri Supreme Court Historical Database, Missouri State Archives
http://www.sos.mo.gov/archives/judiciary/supremecourt/
Title Series Superior Court Case Files
Contributor Respondent: Bettrick, Francis
Appellant: Davis, Ammon
Date Date Filed 1805
Coverage County St. Louis
Description Proceedings Civil
Cause of Action Action on Debt
Case Summary Habeas corpus.
Subject: Darneille, Isaac
Hempstead, Edward
Location Box 5
Location F/1/1
Number of Folders 1
Folder 30
Identifier Old Folder Number 19
Format Paper
and holden at the town of St. Louis, in and for
the District of St. Louis, on the third Tuesday
of December, in the year of our Lord 1805.
Be it remembered that heretofore towit, on the seventeenth day of April
in the year of our Lord one thousand eight hundred and five,
on the plaint of Ammon Davis, a writ of Capias ad respondendum
issued from the Prothonotarys office of the Court of Common Pleas in
and for the said District of St. Louis, which said writ is in the words
and figures following ___
District of Louisiana, St. Louis District __ The United States
{Seal} of America to the Sheriff of the District of St. Louis Greetings
We command you to take Francis Biddick if he may be found in your
bailiwick, and him safely keep, so that he be and appear before
Justices of our Court of Common Pleas, to be holden at the town of
St. Louis, in and for the District of St. Louis on the third Tue_
day of June next, then and there to answer unto Ammon Davis
of a plea of Tresspass on the case, to the damage of the Said Ammon
Davis the sum of Fifty Dollars and have then and there this
writ. Witness Charles Gratiot Esquire first Justice of our said
Court as ___ ________ of St. Louis aforesaid this seventeenth day of
April in the year of our Lord one thousand eight hundred
and five, and of the Independence of the United States the
twenty ninth. Thomas F. [L.? ]Riddick Prothy
Upon which said writ is the following endorsement to wit
Cepe Corpus and a bail bond J. Rankin by his Deputy
GC[?] Long.
Hempstead attoy
And afterwards towit at a Court of Common Pleas begun and
holden at the town of St. Louis in and for the said District on
the third Tuesday of June in the year aforesaid before the Justices
Court of Common Pleas aforesaid in Obedience to the Command Contai
-ned in the Said Writ have the Body of the Said Francois Bittick
and a Record of the proceedings Before the Said Court of Common
Pleas had containing the Cause of the Caption and detainer
of the Said Francois Bittick and all things there unto relating which
Said Record of proceedings is in force following to wit Pleas in the
Court of Common Pleas Contained and holden at the Town of St. Louis
in and for the District of St. Louis on the third Tuesday of December
in the Year of our Lord 1805. ~ Be it Remembered that heretofore to
Wit on the seventeenth day of April in the Year of our Lord one
Thousand Eight hundred and five on the plaint of Ammon Davis
a Writ of Capias ad Respondendum issued from the Prothonotarys
office of the Court of Common Pleas in and for the said District of
St. Louis which Said Writ is in the Words and figures following ___
District of St. Louis St. Louis District for the United States of America
to the Sheriff of the District of St. Louis Greeting. We Command you
to Take Francois Bittick if he may Be found in your Bailiwick
and him safely keep so that he be and appear before the Justices of our
Court of Common Pleas to be holden at the Town of St. Louis in and
for the District of St. Louis on the Third Tuesday of June next, then
and there to answer unto Ammon Davis of a plea of trespass on the
Case, to the Damage of the Said Ammon Davis the Sum of fifty
Dollars and have then and there this writ. Witness Charles Gratiot
Esquire first Justice of our Said Court at the Town of St. Louis ___
this Seventeenth day of April in the Year of our Lord one thousand
Eight hundred and five and of the Independence of the United States
The Twenty Ninth. Thomas L. Riddick Prothy. Upon which
Said Writ is the following EnDorsment to wit Cepi Corpad[?]
and a Bail Bond J.[I.?] Rankin by his Deputy. GC. Long
Hempstead Atty. and afterwards to wit at a Court of Common
Pleas begun and holden at the Town of St. Louis in and for the
Said District on the Third Tuesday of June in the Year aforesaid
before the Justices of Said Court came as well the Said plff
By his Attorney as the Said defendant in his proper person and John
Ward personally appeared in Court and acknowledged him Self indeb
=ted to Ammon Davis in the Sum of fifty Dollars to be levied
on his goods and Chattels lands and _________ on the Condition
following that if the Said francois Biddick be Cast in the Said
action he shall pay the Continuation[?] money or Surrender his Body in
Prison. or that he John Ward will do it for him. Whereupon the Said
Plaintiff By his Attorney files his Declaration which said Declaration
is in the words and figures following to wit. District of St. Louis
Court of Common Pleas. June Term A. D. 1806 Ammon Davis Com
-plained of francois Biddick in Custody of the Sheriff in an action of
trespass on the Case for that the defendant at the District aforesaid on
the 23? Day of May A. D. 1804 was indebted to the plft in the sum
of twenty one Dollars and forty one cents for Articles mentioned in
the annexed[?] account and being so indebted then and there ______ Upon
him Self and promised the plft to pay him the ____ Sum on ______
and Also for that the deft on the third day of July 1804 at the
District aforesaid by his Certain[?] promissory note of that date under
his hand promised the plft to pay to him on order in one month
after the date of Said note the Just and full Sum of Eleven dol-
=Lars and Eighty four cents in _____ for value Received and Also
for that the Said deft at the place and on the day and year Last
aforesaid was Indebted to the plft in one other sum of fifty
Dollars for so much money before that Time had and Receive to the
Use of the plft and Being So indebted then and there ass___ed
Upon him Self and promised the plft to pay him the Same[?]
Sum on Request. Yet the
Said defendant his several said pro-
=mises and _________ Disregarding hath Even refused and still
Refuses the Said Sums or Either of them to pay though upon
often there unto Requested to the Damage of the Plff. Fifty Dollars
as Said in his writ, and here__ he Sued, and there are pledges of
Prosecuting to wit. John Doe. And Richard Roe[orRae]. Hempstead atty
for plft. The account filed with the foregoing declaration is in
The Words and figures following to wit.
1804 ______ 22. Francois
Bittick To Ammon Davis Dr To Merchandize _________
$= o 44 May 23 ___ ____ 31-00 - $31 = 44 = cents ~ and there =
= Upon on the ________ of the ____ ____ plaintiff by his attorney it is
Ordered that the Said defendant do plead to the Declaration of the
Plaintiff By the next term of this Court, or in default thereof
That Judgment be entered against him for want of Such plea
and it is further ordered By the Judges now here present, that
the action aforesaid be continued to the next Term of this Court of Common
Pleas to be holden at the Town of St. Louis on the Third Tuesday in
September next. ~ At which Said Last mentioned Term of the Said
Court of Common Pleas Before the Justices there of Come the parties
aforesaid By their Attorneys and the Said defendant by his atty
files his plea in answer to the foregoing Declaration of the plft.
Which Said plea is in the Words and figures following to wit
francis Bittick __ Ammon Davis plea __ And the Said fran-
Cois Bittick By Isaac Darneill his Attorney _____ and defend
the wrong when __ and says that he did not undertake
and provide in manner and form as the plaintiff hath above
there of complained against him, and of this he puts himself
Upon the Coutry __ I. Darneille Atty. Where upon it is
Ordered By the Judges aforesaid now here present that the Said
Action be Continued to the next Term of this Court of Com=
=mon pleas to be holden at the Town of St. Louis on the third
Tuesday of December next. At which said Last meeting Term
of the Said Court by a writ of Habean Corpus Cum Causa
Court of Common Pleas to be holden at the town of St. Louis
on the third Tuesday of December next. At which said
last mentioned term of the said Court, by a Writ of Habeas
Corpus cum causa from the General Court in and for the
Territory of Louisiana, directed to the Judges of the said
Court of Common Pleas, the body of the said Defendant
Francis Bittick, together with the day and cause of his
caption and detainer were commanded to be had be-
fore the said General Court, to be holden at St. Louis
on the first Tuesday of May next, which said writ is
dated the tenth day of December in the year last aforesaid
Whereupon the body of the said Defendant together with the
day and cause of his caption and detainer are ordered
__[be?] sent to the said General Court accordingly
Territory of Louisiana District of St. Louis ___
I Andrew Steele Prothonotary of the Court of Common
Pleas in and for the District aforesaid do hereby certify
that the foregoing is a true transcript from the original
records filed in my office, in testimony whereof
I have hereunto sett my hand and af-
fixed the seal of said Court of Com-
mon Pleas this thirtieth day of April
in the year of our Lord one thousand eight
hundred and six, and of the Independ-
ence of the United States the Thirtieth
And. Steele P. C. P. D. S L.
Bill of Costs
Prothy ---------- 6.11 ½
Court ----------- 1.25
Attorney ------- 2.50
Sheriff Rank 3.09
12.95 ½
[right edge of this page not copied]
Territory of Louisiana }
General Court } fet [?]
Pleas in the General Court of the Territory of Louisiana
Before the Judes of the Said Court at St. Louis, of the
Term of May in the Year of our Lord one thousand Eigh[t]
hundred and seven, witness The Honorable Return
Jonathan Meigs Junior Esquire Presiding Judge of the
Said Court ~
Be It Remembered that heretofore to Wit on the tenth day of December in
the yea[r]
of our Lord one thousand Eight hundred and five Francois Bittick By
Iasc [Isaac] Darneille his attorney presecuted and Sued[?] out of the office of the
Clerk of the General Court the Writ of the United States of Habeas
Corpus Cum Causa directed to the Justices of the Court of Common Plea[s]
for the District of St. Louis which Said Writ is in the Words follo
wing to wit. Territory of Louisiana fet The United States of Americ[a]
to the Judges of our Court of Common Pleas for our District of St. Louis
Greeting. We Command you that you have the Body of Francois Bittic[k]
in Your Custody detained, as it is said, under safe and secure C__duct
together with the day and cause of his Caption and detainen by what=
=Soever name he may be Called in the Same, before our Judges of our
General Court next to be holden at St. Louis, in and for our Said Terri
=tory on the first Tuesday of May next then and there in our Said
Court to do and Receive whatsoever our Said Judges of our Said
General Court in this behalf Shall then and there Consider and have
him[?] and ___ ______ Witness the Honorable John B. C. Luc[as]
Presiding Judge of our General Court at St. Louis the tenth day
of December in the Year of our Lord one thousand Eight hundre[d]
and five and of Our Independence the thirtieth. William Prince
which said writ is allowed as follows. I Allow this writ let it be
Sealed 18 Decemr 1805. R. Easton. at which said first
Tuesday
in May Being the Sixth day of the Said month in the Year aforesaid[d]
and the day of the Return of the foregoing Writ, the Judges of the Cou[rt]
May 1807 ~ No 19 ~
General Court May Term 1807
Amon Davis }
Francis Biddicks } Record ~
[on back of p. 5]
from the General Court in and for the Territory of Louisiana directed
to the Judges of the Said Court of Common Pleas the Body of the Said
Defendant, francis Bittick together with the day and Cause of
his caption and detainer were commanded to be had before
the Said General Court to Be holden at St. Louis on the first Tuesday
of May next which Said writ is dated the tenth day of December
in the year last aforesaid whereupon the Body of the Said defd
together with the day and cause of his caption and detainer are
ordered to Be Sent to the Said General Court accordingly. ~
at which Said first Tuesday of May came as well the Said Amon Davis as the
Said Francis Bitticks by their a_____ and this case with all things relating
thereto is continued to the last Tuesday of October next before the Juges of the Said
Court at the Town of Saint Louis, the Same day is given to the parties aforesaid thereof[thereby?]
at which Said last Tuesday of October before __ Judge of the Said Court at St. Louis
came _______________________________________________
first Tuesday of May next before the Judge of the General court at the Town of St.
Louis in the Same days given to the parties aforesaid there __ at which Said
first Tuesday in May in this Same term before the Judge aforesaid came the parties
aforesaid by their attornies and the Said Amon Davis by Edward Hempstead his
Attorney _______ here in court before the Judge of the Said court that he here
in court the plea aforesaid against the Said Francois Bitticks with not further
prosecute he the Said Francis Bitticks paying the Said Amon his costs and
Charges by him about the Said Suit in that behalf laid out and _______ ~
Therefore It is considered by the Said Court here before the Juges
thereof that
the Said Amon Davis recover against the Said Francis Bitticks his costs
and charges aforesaid which Said costs and charges by the court here
before
the Judges thereof adjudged to the Said Amon by his _____ amount to the
Sum of forty one dollars & twenty one ½ cents
and the Said Francis Bitticks in _____ __
General Court May 1806
Amon Davis }
vs. } Costs on Habeas Corpus ~
Francis Bitticks }
Drawing Sealing _______ Writ 82
Retrial[?] & filing 12 ½
entering appearance 12 ½
entering Suit on Judges Book 6
Rule that transcript be filed 18
filing transcript 12 ½
Subpoena 82
Return & filing 12 ½
Rule for Continuance 18
Continuance 40 3 = 6
October Term
Entering appearance 12 ½
Rule for Continuance 18
Continuance 40 70[or 90] - ½
May Term 1807
Entering appearance 12 1/2
Rule for dis Continuance 18
Discontinuance 12 ½
Rule for Judgement for Costs 18
Entering Judgment 28
Making of [up?] Record 25 ½ folios at 18 4 59
filing Record 12 ½
Executive 82
Return & filing 12 ½
entering ____ faction_
18 6 = 93
$10 49 ½
Attorneys fees General Court 7=00
Sheriff fees G. C.
Summoning 2 witnesses 1 12 ½
Mileage 4 20 = 5 = 32 ½
$22 = 82
Carried over ~
Amount Brought forward $22 = 82
April issuing cap_ 50 T apper 6 Mot. S. Bail 10- 66
to thg, Recovy 18 filing decal_ of amt. 12 Mo _ R. to pleas 42 1/~
Mot for Courtee 10 Coutinuance 20 ----------------------------- 30
Suterg app ee afil__g ple Def. O _ M. for Court ee 10 -------- 22
Coutinuance ------------------------------------- 20
Reading __ Hab. Corp. 25 Records H. Neet/160 ------------- 1- 85
Sugnofing 96 Copy Record 160 -------------------------------- 2 = 62 6 = 2_ - ½
_________ ~
Court Act 37 ½ Bail 25 Allowing Hab.} ------------------------1 37 ½
C___ 50 ______ __ Corta 25 } ------------------------
Atty
---------------------------------------------- 2 = 50
Sheriff ~
Serving Writ 50 Taking Bl 50 ___ 9 Mileage 200. 3-9-
Serving Subpaena 37 ½ . 35 Mil 210 topm in ____ }
Couttny 37 ½ . 35 Mil Tu__ 210 ---------------------} -4-87-1/2 = 7-96-1/2
$40 = 93 = ½
Executive ------------------------------ 28
$41 = 21 = ½
J. _ _____ att__
Examined, Allowed & Signed this 13th day of July 1807
John B. C. Lucas
A. Davis
vs
Francis Biddick
Amount Brot forward -------------------------------- $18 4 ½
Ececution ---------------------------------------------- - 28
$18 32 ½
This Bile Taxes by me $18 32 t
Aug Chouteau
[on back of Item 9]
1805 Amon Davis }
vs } Case 50 ---
Francis Biddick } Fee Bill ---
Apr 14 Do Spring Caps 50 T. appearce 6 motr S. Bail 10 ---- $ 66
taking Reof [or Rcof] 18 filing Decbr 8 ant 12 mot. _ __ _ ___ -- 42 ½
motion for Contin 10 Contin 20 --------------------------------- 30
Sepr 7 Entering appr 6 filing ple De__ 6 motr for Contn 10 ------------- 22
Continuiane 20 --------------------------------------------------------- 20
Decr 7 Reading H Hab Corps 25 Record 10 _hs 160 --------------------- 1 85
Eng__ing 90 Copy Record 160 ------------------------------------ _ - 62
Protho -------- 6 27 ½
Court actr 37 ½ Base 25 allowing Hab Corp 50 }
Signing Bill Costs 25 -------------------------------- } --------------- 1 37 ½
Atty ---------- 2 50
Sheriff serving writ 50 Taking Bail 50 ____ 9 }
Milage 200 ----------------------------------} -------------------- 3 9
Serving subpon 37 ½ - 35 ____ 210 suptr on ____ }
Courtny 37 ½ - 35 mile Trav 210 ------------------------} ----------- 4 87 ½
Amt Bot forward 18 4 ½
Summoned as within directed
For Connor [Common?] Sheriff
Genl Court May 1806
Ammon Davis }
vs }
Francios Bittick }
Subpoena
For
Leonard Ferrer &
Alexanda McCourtney
Territory of Louisiana for The United States of America, To Leonard Ferrer & Alexander
McCourtney of the District of Saint Louis Greeting
We command you and each of you that laying aside all manner of
Business[?] and excuse you be and appear before the Judges of our General[?]
_______ at the General Court to be held at the Town of Saint Louis
In and for the Territory aforesaid on the first Tuesday of May next
then and there to testify your knowledge of a certain _____ _____
therein in which Ammon Davis is Plaintiff and Francis Bittick
is Defendantz on the part of the Plaintiff, and this you ___ ___
to omit on the penalty of one Hundred Dollars Each and have
then there this Writ
Witness the Honorable John B. Lucas Esquire
Presiding Judge of our said faeu___ at the Town of Saint
Louis aforesaid the _______ ____ day of March in the
Year of our Lord one Thousand eight hundred ____[six?] &
Of the Independence of the United States the thirtieth[?]
Wm Prince Clk
No 19
Amon Davis } Hab.
} Corp
vs } Cum
} Causa
Francis Bittick }
I allow this writ
Let it be Sealed.
18 Decem. 1805
R. Easton
I.Darneille Atty
Territory of Louisiana StL
The United States of America To the Judges of our Court
of Common Pleas for our District of St. Louis
Greeting:
We command you that you have the Body of Francis Bittick -----------
in your Custody detained as it is said under safe and secure conduct toget=
=ther with the day and cause of his caption and detainer, by whatsoever name
he may be called in the Same before our Judges of our General Court
next to be holden at St. Louis in and for our said Territory on the first
Tuesday
of May next then and there in our said Court to do and receive whatsoever
our said Judges of our Said General Court, in this behalf, shall then
and there consider and have then there this writ.
Witness The Honorable John B. C. Lucas presiding Judge of
our general court at St. Louis the tenth day of December
in the year of our Lord One thousand Eight hundred and
five, and of our Independence the Thirtieth.
William Prince Clk
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