Springfield-Greene
County LibraryAdjourned Term October 1863.
Book F
p 231.
Samuel S. Vinton Plaintiff
vs
John Lair Defendant
Now at this day comes the Plaintiff by attorney and it having been shown to the satisfaction of the Court that Defendant had been duly notified of the commencement of this action by publication in the Springfield Missourian, a newspaper published in Greene County in the State of Missouri weekly for at least four weeks, the last insertion being at least four weeks before the first day of the present term of this Court and the Defendant having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on two promissory notes signed by Defendant for direct payment of money whereby the Defendant's indebtedness is ascertained, the Court doth find from an examination of the same that Defendant owes and stands indebted to Plaintiff in the sum of $504.92 debt and also $110.43 damage.A Writ of Attachment issued from the Clerk's office of the Circuit Court of Greene County on the 17th day of May 1862 directed to the Sheriff by which return dated July 30 in 1862. It is ascertained that said Sheriff levied on the following real estate, viz: SE 1/4 Section 24 Township 29 Range 22 the NE 1/4 Section 21 W1/2 NW 1/4 Section 22 except one acre off South end 7/8 undivided of E1/2 NW 1/4 Section 22 all in Township 29 Range 22 containing 300 acres and Lots Nos 1 and 2 of NE 1/4 fcl 1/4 Section 6 Township 29 Range 21. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendant his said sum of $504.92 debt and also the sum of $110.43 damage and also cost in this suit laid out and expended and that a special execution issue against the real estate levied upon and all or so much be sold as is necessary to satisfy said execution and cost and that this judgment bear 10% interest.
Ordered by the Court that Court adjourn until Court in cause. John S. Waddill C.J.
p 232. Blank.
p 233.IN VACATION.
John H. Barnes Plaintiff
vs
Ninevah C. Barnes Defendant
Now at this day comes the Plaintiff by attorney and files his petition with the Clerk founded on a promissory note againstDefendant dated August 29th 1861 payable to Plaintiff one day after date for the sum of $75.The amount for which Plaintiff claims judgment after allowing all just credits and setoffs is $65.63 and it appearing from the affidavit of the Plaintiff the Defendant has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant that an action has been commenced against him by petition and attachment as above recited and that his property is about to be attached and unless he appears on the first day of the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue if not then before the end of the term plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the same.
64
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
OCTOBER ADJOURNED TERM 1863
p 233/234
Chancery J. Filley Plaintiff
vs
William Norris & John R. Norris Defendants
Now at this day comes the Plaintiff by attorney and files his petition with the Clerk founded on a promissory note against Defendant dated March 18th 1861, payable six months after date to the order of Plaintiff for the sum of $77.77 bearing 10% interest per annum after maturity for which Plaintiff claims judgment, and it appearing from the affidavit of the Plaintiff that the Defendants have absented themselves from their usual places of abode in this State so that the ordinary process of Law cannot be served upon them. It is therefore ordered bythe Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendants that an action has been commenced upon them by petition and unless they appear on the first day of the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue, if not then before the end of the term plead, answer or demur to Plaintiff's petition, the same will be taken as confessed.
p 234.
John L. McCracken Plaintiff
vs
Richard M. Jones & Thomas W. Compton Defendants
Now at this day comes the Plaintiff by attorney and files his petition with the Clerk founded on a promissory note against Defendants dated 1st day of February 1860 and payable on or before the 13th day of August next ensuing to James R. Turner, John L. Turner and Mary M. Carthel forthe sum of $1191.39 bearing 10% interest from due until paid, said note having become the property of the Plaintiff on the 12th day of September 1861 by assignment and endorsement.The amount for which Plaintiff claims judgment after allowing all just credits and setoffs is $1191.39 with interest thereon at the rate of 10% per annum.Also, his affidavit stating that the Defendants are nonresidents of the State of Missouri it is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal a newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue, if not then before the end of the term plead, answer or demur to Plaintiff's petition, judgment will be rendered against them and their property sold to satisfy the same.
p 235.
Halsey H. Baker Plaintiff
vs
Vergel W. Kimball Defendant
Now at this day comes the Plaintiff by attorney and files his petition with the Clerk founded on a Bank Account for goods sold and delivered to Defendant on the 18th day of May 1860. The amount for which the Plaintiff claims judgment after allowing all just credits and setoffs is $233 with interest at 10% on the same from May 18th 1860. The Plaintiff also files his affidavit stating that the Defendant is not a resident of this State. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal a newspaper printedin the State of Missouri for fcur weeks successively the last insertion to be at least four weeks
(continued)
65
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
OCTOBER ADJOURNED TERM 1863
p 235 (continued)
before the first day of the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue, if not then before the end of the term plead, answer or demur to Plaintiff'scpetition, judgment will be rendered against him and his property sold to satisfy thecsame.
p 235/236.
Alfred Garrison Plaintiff
vs
Leonidas C. Campbell, John Blackman,
James P. Walker and B.R. Cannefax Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk, the object of which is to obtain a Judgment against the the Defendants for damages sustained by Plaintiff from having been taken into custody by the Defendants and imprisoned and wrongfully restained of his liberty without his consent and against his will from the 11th day of August 1862 until the 4th day of October 1862 during that time maltreating and injuring whereby the Plaintiff claims damage in the sum of $5000. Also, on the 11th day of August 1862, Defendants wrongfully and without leave took from Plaintiff the following property and converted it to their own use, viz: one rone gelding and one saddle and bridle whereby Plaintiff claims damage in the sum of $100. Plaintiff also files his affidavit stating that the Defendants have absconded or absented them selves from their usual places of abode in this State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal a newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue, if not then before the end of the term plead, answer or demur to Plaintiff's petition, judgment will be rendered against them and their property sold to satisfy the same.
p 236/237.
Hervey L. Trantham, executor of
estate of Abraham Hankins, deceased Plaintiff
vs
Christian S. Bodenhamer Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant dated the 26th day of January 1897 and payable on or before the 17th day of February next to the said Abraham Hankins, deceased, for the sum of $300 with interest at the rate of 10% per annum from due until paid. on the back of said note are endorsed credits for the interest on the sarne up to the 17th day of February 1860. Plaintiff claims judgment as executor aforesaid against Defendant for the sum of $300 and interest thereon at 10% from the 17th day of February 1860. Plaintiff also files his affidavit stating Defendant is not a resident of the State of Missouri. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue, if not then before the end of the term plead, answer or demur to Plaintiff's petition, judgment will be rendered against him by petition and attachment in said Court as above recited and that his property is about to be attached and unless he appears at the next term of this Court which will be held on the fourth Monday in January 1864 and
(continued)
66
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
OCTOBER ADJOURNED TERM 1863
p 236/237 Ccontinued)
on or before the third day thereof if tbe term shall so long continue if not then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.
p 237.
Joseph R. Brown Plaintiff
vs
Joseph B. Kimbrough, John S. Kimbrough &
Charles Sheppard Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant dated November 12th 1860 pay to Plaintiff one day after date for sum of $375 with interest at the rate of 10% per annum from due until paid. on back of said notes are credits 11th and 12th November 1861 amounting to $37.50. Plaintiff claims judgment for balance of said note and interest thereon and it appearing from the affidavit of the Plaintiff that the Defendant Joseph B. Kimbrough is a nonresident of this State.It is therefore ordered by the Clerk of said Court that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue,if not then before the end of the term plead, answer or demur to Plaintiff's petition, the same will be taken as confessed.
p 238.
Harvey Fry Plaintiff
vs
Leonidas C. Campbell & Simpson Clark Defendants
Now at this day comes the Plaintiff and files his petition in the office of the Clerk of the Circuit Court the object of which is to obtain a judgment against Defendants for damages sustained by Plaintiff from having been taken into custody and imprisoned by Defendants against his will and consent and without any legal authority for the same from the 12th day of August 1862 until the 8th day of October 1862 whereby the Plaintiff claims damages in the sum of $3000. Plaintiff also files his affidavit stating that the Defendants are not residents of the State of Missouri.It is therefore ordered by the Clerk of the said Court, in vacation, that publication be made in the Springfield Journal a newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue, if not then before the end of the term plead, answer or demur to Plaintiff's petition, the same will be taken as confessed.
Elizabeth Rucker Plaintiff
vs
James Hill and Henry Small Defendants
Now at this day comes the Plaintiff and files her petition with the Clerk founded on a promissory note against Defendants dated May 31st 1860 payable to Plaintiff one day after date for sum of $50 with interest at 10 % from date until paid. on said note is a credit of $5 interest paid up to 31st May 1861 and it appearing from the affidavit of the Plaintiff that Defendants are nonresidents of the State of Missouri.It is
(continued)
67
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
OCTOBER ADJOURNED TERM 1863
p 238 (continued)
therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue, if not then before the end of the term plead, answer or demur to Plaintiff's petition, the same will be taken as confessed.
p 239.
Elizabeth Rucker Plaintiff
vs
Thomas J. Crittenden &
William A. Jackson Defendants
Now at this day comes the Plaintiff and files her petition with the Clerk founded on a promissory note dated 19th October 1861 payable to Plaintiff 12 months after date for the sum of $50 with interest from date at 10% per annum for which sum and interest thereon Plaintiff claims judgment after allowing all just credits and setoffs and it appearing from the affidavit of the Plaintiff that the Defendant Thomas J. Crittenden
has absented himself from his usual place of abode in this State the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Court in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue,if not then before the end of the term judgment will be rendered against him and his property which has been attached sold to satisfy the same.
p 239/240.
John F. Wade admin of estate
of J.W.E. Rucker Plaintiff
vs
Thomas J. Crittenden Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on two promissory notes, one dated August 3rd 1859 payable to the order of J.W.E. Rucker on or before the 25th day of December 1860 for the sum of $150.on the back of said note is endorsed a credit of $32.22 dated February 21st 1862.The other note dated January 11th 186, designed to be 1861, payable one day after date to J.F. Wade admin of the estate of J.W.E. Rucker deceased for the sum of $9 with interest at 10% from date and it appearing from affidavit of the Plaintiff that the Defendant has absented himself from his usual place of abode in this State.It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue,if not then before the end of the term judgment will be rendered against him and his property which has been attached sold to satisfy the Same.
p 240/241.
John F. Wade admin of estate of
J.W.E. Rucker Plaintiff
vs
James Jackson & William A. Jackson Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on
(continued)
68
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
OCTOBER ADJOURNED TERM 1863
p 240/241 (continued)
three promissory notes against Defendants and dated October 12th 1859 payable to one Thomas Forsythe on or by the first day of September next for the sum of $37.50 with interest at 10% per annum from date until paid said note having been assigned by said Forsythe on the 11th October 1859 to said J.W.F. Rucker now deceased and one dated October 12th 1859 payable to said Thomas Forsythe on or by the first day of May next for the sum of $37.50 with interest at 10% from date. Said note was assigned on the 18th October 1859 by said Forsythe to said J.W.F. Rucker now deceased, also, one note dated 23rd day of August 1860 payable to J.F. Wade admin of the estate of J.W.F. Rucker deceased 12 months after date for the sum of $47.95 bearing interest at the rate of 10% from maturity until paid. The amount for which the Plaintiff claims judgment after allowing all just credits and setoffs is $161.82 and it appearing from the affidavit of the Plaintiff that the Defendant James Jackson has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue, if not then before the end of the term judgment will be rendered against him and his property which has been attached sold to satisfy the same.
p 241.
John Rainey, guardian of minor
heirs William Martin deceased Plaintiff
vs
Christian S. Bodenhamer & John Breedlove Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated August 16th 1859 payable 12 months after date to Plaintiff as guardian of the minor heirs of William Martin deceased for the sum of $140.87 with 10% interest from date, and if said interest be not paid annually the same to become part of the principal and thereafter bear the same rate of interest as the principal and it appearing from the affidavit of the Plaintiff that Defendant C.S. Bodenhamer has absented himself from his usual place of abode in this State so that the ordinary process of law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue, if not then before the end of the term judgment will be rendered against him and his property which has been attached sold to satisfy the same.
p 241/242.
John F. Wade admin on estate
of J.W.E. Rucker Plaintiff
vs
James Jackson, William A.
Jackson & Thomas J. Crittenden Defendants.
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note dated December 25th 1859 payable one day after date to the order of J.W.F. Rucker, now deceased, for the sum of $100 with interest at the rate of 10% from date until paid. The amount for which Plaintiff claims judgment as administrator
(continued)
69
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
OCTOBER ADJOURNED TERM 1863
p 241/242 (continued)
on the estate of J.W.E. Rucker, deceased, after allowing all just credits and setoffs is $135.83.And it appearing from the affidavit of Plaintiff that the Defendants James Jackson and Thomas J. Crittenden have absented themselves from their usual place of abode in this State, it is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue, if not then before the end of the term judgment will be rendered against them and their property which has been attached sold to satisfy the same.
p 242.
John F. Wade, admin
against
James Jackson Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note dated September 19th 1859 payable 12 months after date to the order of J.W.E. Rucker, now deceased, for the sum of $40 with interest at the rate of 10% from date until paid.The amount for which Plaintiff claims judgment as admin on estate of J.W.E. Rucker, deceased, after allowing all just credits and setoffs, is $51.83 and it appearing from the affidavit of Plaintiff that Defendant has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him.It is therefore ordered by the Clerk of said Court that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue, if not then before the end of the term judgment will be rendered against him and his property which has been attached sold to satisfy the same.
p 243.
Joel Wilkerson Plaintiff
vs
Leonidas C. Campbell, Andrew Thompson,
Ripley B. Weaver, James Jones,
William W. Blackman & John Blackman Defendants
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Clerk of the Circuit Court of Greene County, Missouri, in vacation, of said Court that the Defendants cannot be summoned in this cause.It is therefore ordered by the Clerk of said Court, in vacation, that said Defendants be notified by publication that an action has been commenced against them in said Court by petition and attachment founded on a claim of the Plaintiff for $2200 damages because of the Defendants having unlawfully and without authority imprisoned Plaintiff and having also forcibly taken from Plaintiff a horse, saddle, bridle and blanket also that their property has been attached and unless they be and appear at the next term of this Circuit Court of Greene County, Missouri, which will be held on the 4th Monday of January 1864 and on or before the 3rd day of said term if the term shall so long continue, if not, then before the end of the term and answer the petition in this cause the same will be taken as confessed and judgment will be rendered against them and their property sold to satisfy the same.It is further ordered that a copy of this order be published in the Springfield Journal, a newspaper printed in Greene County, Missouri, for four weeks successively te last insertion to be at least four weeks before the first day of the next term of said Court.
70
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
OCTOBER ADJOURNED TERM 1863
p 243/244.
James Evans Plaintiff
vs
Leonidas Campbell, John Blackman,
Benjamin R. Cannefax, James P. Walker
and D.D. Berry Jr Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk, the object of which is to obtain a Judgment against the Defendants for damages sustained by Plaintiff from having been taken into custody by the Defendants and imprisoned and wrongfully restrained of his liberty without his consent and against his will from 11th day of August 1862 until the 4th day of October 1862 during that time maltreating and injuring whereby the Plaintiff claims damages in the sum of $5000. Plaintiff also files his affidavit stating that the Defendants have absconded or absented themselves from their usual place of abode in this State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the Clerk of the said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in Greene County, Missouri, for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue, if not then before the end of the term judgment will be rendered against him and his property which has been attached sold to satisfy the same.
p 244.
Joseph W. McClurg, William D. Murphy,
Marshall W. Johnson, Hervey Massey,
Edwin D. Torbet, partners in trade
doing business under firm name of
Murphy, McClurg and Company Plaintiffs
vs
Calvin D. Bray, William C. Price,
John W. Hancock and Alfred Cook,
partners in trade doing business under
firm name of Bray, Price and Company Defendants
Now at this day comes the Plaintiffs and file their petition with the Clerk, founded on a promissory note against Defendants dated May 12th 1860 payable one day after date to Plaintiffs for the sum of $1222.23 with 10% interest from date until paid and it appearing from affidavit of Plaintiffs that the Defendants have absconded or absented themselves from their usual place of abode in this State so that the ordinary process of Law cannot be served upon them.It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in Greene County, Missouri, for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue, if not then before the end of the term judgment will be rendered against him and his property which has been attached sold to satisfy the same.
p 245.
William H. Henslee Plaintiff
vs
William C. Nelson Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on two promissory notes against Defendant, one dated June 28th 1861 payable on the 1st
(continued)
71
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
OCTOBER ADJOURNED TERM 1863
p 245 (continued)
day of October 1861 for the sum of $55 with interest at 6% per annum. The other note dated January 1st 1861 payable to Plaintiff one day after date for the sum of $53.60 with interest on the same at 6%.on said note is endorsed a credit of $35.00 dated 16 May 1863.The amount for which the Plaintiff claims judgment after allowing all just credits and setoffs is $73.60.And it appearing from the affidavit of the Plaintiff that the Defendant has absconded or absented himself from his usual abode in this State so that the ordinary process of Law cannot be served upon him.It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in Greene County, Missouri, for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the 3rd day thereof if the term shall so long continue if not, then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.
p 245/246.
Charles A. Haden Plaintiff
vs
Thomas J. Weaver & Felix B. Weaver Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk, founded on a promissory note against Defendants dated January 12th 1861 payable to Plaintiff one day after date thereof for the sum of $700 with interest at the rate of 10% from due until paid on the 25th September 1861.Defendants paid on said note $118. The Plaintiff claims judgment for the balance of said note and the interest due thereon. And it appearing from the affidavit of the Plaintiff that the Defendants are not residents of this State and it is therefore ordered by the Clerk of said Court, in vacation that publication be made in the Springfield Journal a newspaper printed in Greene County, Missouri, for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this court which will be held on the fourth Monday in January 1864 and on or before the 3rd day thereof if the term shall so long continue and answer to the Plaintiff's petition or the same will be taken as confessed.
p 246.
James Atkinson and Benjamin F.
Acock admin on estate of
Robert E. Acock, deceased Plaintiffs
vs
Richard N. Jones, John Lair Defendants
Now at this day comes the Plaintiffs and files their petition with the Clerk founded on a promissory note against Defendants dated January 11th 1859 payable to one Robert Beatie on or before the 1st day of March 1860 for the sum of $2100 with interest at the rate of 10% from date on the 22nd of February 1859, said Robert Beatie assigned said note to Robert E. Acock.Said Defendants paid on the 22nd February 1860 to said R.E. Acock $240.80 which is endorsed as a credit on the back of said note.Plaintiff claims judgment as administrators aforesaid for the balance of note and the interest due thereon and it appearing from the affidavit of the Plaintiffs that the Defendants have absconded or absented themselves from their usual places of abode in this State so that the usual process of Law cannot be served upon them.It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield ______( blank)a newspaper printed in Greene County, Missouri, for four weeks successively the last insertion to be at least four weeks before the first day of the next
(continued)
72
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
OCTOBER ADJOURNED TERM 1863
p 246 (continued)
term of this Court which will be held on the fourth Monday in January 1864 and on or before the 3rd day thereof if the term shall so long continue and answer to the Plaintiff's petition or the same will be taken as confessed.
p 247.
Joel Milkenon
vs
Richard Campbell et al
Now at this day comes the Plaintiff by attorney and dismisses the suit heretofore filed in this cause.
Alfred Garrison
vs
Barbara Campbell et al
Now at this day comes the Plaintiff by attorney and dismisses the suit heretofore filed in this cause.
James Evans
vs
Richard Campbell et al
Now at this day comes the Plaintiff by attorney and dismisses the suit heretofore filed in this cause.
p 247/248.
Harvey Fine Plaintiff
vs
Richard Campbell et al Defendant
Now at this day comes the Plaintiff by attorney and dismisses the suit heretofore filed in this cause.
James T. Campbell Plaintiff
vs
Leonidas A. Campbell Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a demand against Defendant for money paid by Plaintiff for Defendant as security for a certain Bill of Exchange dated 28 day of March 1861 payable to the order of John N. Campbell four months afterthe date thereof at the Bank of Missouri at St. Louis, Missouri, for the sum of $1800, said Bill of Exchange having been delivered to the said John N. Campbell and endorsed by him and delivered to the Bank of Missouri who thereby became the legal owner of the same the Defendant for the purpose of securing Plaintiff as security in the payment of said Bill of Exchange executed a Mortgage Deed conveying to Plaintiff the following described real estate situate in said County of Greene: viz: SW 1/4 Section 25 Township 29 Range 22, except l3 1/2 acres lying in a square in the SW corner of said 1/4 Section, also, except a strip 26 rods wide off the East side of said land. Plaintiff claims judgment for the amount of said Bill of Exchange with interest due thereon from 28 July 1861 and $75 damage for nonpayment which amount has been paid by Plaintiff on said Bill of Exchange for Defendant as security aforesaid and also that the Equity of Redemption in said real estate be foreclosed and the same or so much thereof as may be necessary be sold to pay off and discharge the judgment rendered and it appearing from the affidavit of the Plaintiff that Defendant's place of residence is unknown to Plaintiff so that the ordinary process of Law cannot be served upon him.It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of
(continued)
73
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
OCTOBER ADJOURNED TERM 1863
p 247/248 (continued)
Missouri for four successive weeks the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant that suit has been commenced against him by petition in said Court as above recited unless he appears at the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the 6th day thereof if the term shall so long continue if not then before the end of the term and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against him and his property sold tosatisfy the same.
M.J. Hubble
p 248/249.
Henry Matlock Plaintiff
vs
John Payne, Daniel Payne,
William H. Payne & David M. Payne Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant and dated August 6th 1860 payable 12 months after date to Henry Matlock for $1940 for which sum and the interest thereon Plaintiff asks judgment also his affidavit stating that the Defendant John W. Payne has absconded or absented himself from his usual place of abode in this State so that the ordinary process of law cannot be served upon him.It is therefore ordered by the undersigned Clerk, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri for four successive weeks the last insertion to be at least four weeks before the first day of the next term of this Court notifying said that suit has been commenced against him by petition in said Court as above recited and unless he appears at the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the 6th day thereof if the term shall so long continue if not then before the end of the term and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered accordingly. M.J. Hubble
p 249/250
John Small Plaintiff
vs
John W. Hancock Defendant
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk of the Circuit Court of Greene County, in vacation, and files his petition and affidavit stating among other things that the above named Defendant, John W. Hancock, has absconded or absented himself from his usual place of abode in this State so that the ordinary process of law cannot be served on him.It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying him that an action has been commenced against him by petition in Circuit Court, Greene County, Missouri, founded on a contract for conveyance of the following real estate situate in Greene County, Missouri, viz: E1/2 NE 1/4 and NE SE 1/4 Section 8 and SW 1/4 SW 1/4 Section ? Township 30 Range 24W and asking for the specific performance of said contract and a decree of Title of said land to Plaintiff and that unless he be and appear at the next term of said Court to be held at the Court House in Springfield within the County of Greene of Missouri on the fourth Monday in January 1864 and on or before the 3rd day thereof if the term shall last so long if not then before the end of the term a Decree will be rendered against him in accordance with the prayer of Plaintiff.It is further ordered that a copy hereof be published in the Springfield Journal, a newspaper printed in Springfield within the County of Greene for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court.
M.J. Hubble
74
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
OCTOBER ADJOURNED TERM 1863
p 250.
The State of Missouri to the use of
Elisha Headlee Public Administrator
of Greene County having in charge the
Estate of Nathan Boone, Deceased. Plaintiff
vs
Bedford W. Henslee & William S. Norfleet
as Administrators of Gabriel P. Shack1eford,
deceased, James Boone, William C. Price,
Benjamin H. Boone & John Lair Defendants
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit stating among other things that the above named Defendants, James Boone, William C. Price, B. Boone and John Lair have absconded or absented themselves from their usual places of abode in this State so that the ordinary process of Law cannot be served upon them.It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying them that an action has been commenced against them by petition in the Circuit Court of Greene County, State of Missouri, founded on an Executors Bond given to the State of Missouri by James Boone and Gabriel P. Shackleford as principals and William C. Price, B.H. Boone and John Lair as securities, conditioned that the said James Boone and G.P. Shackleford as executors of the estate of Nathan Boone, deceased, shall faithfully administer account for pay and deliver all money and property of said estate and per form all other things required by Law in regard to said estate.Said petition asks for judgment against Defendants for the sum of $8870 with interest on same since 18th August 1860, and unless they be and appear at the next term of said Court to be holden at the Court House in Springfield, within the County of Greene on the fourth Monday in January 1864 and on or before the sixth day thereof judgment will be rendered against them and their property sold to satisfy the same.It is further ordered that a copy hereof be published in the Springfield Missourian, a newspaper printed in Springfield within the County of Greene for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court.
p 251.
The State of Missouri to the use of
Elisha Headlee Public Administrator
of Greene County having in charge the
Estate of A. (or J.) Kinney, deceased Plaintiff
vs
Henry Fullbright, Henry Sheppard
& Ephraim R. Fullbright Defendants
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit stating among other things that the above named Defendants, Henry Fullbright and Ephraim R. Fullbright have absconded or absented themselves from their usual places of abode in this State so that the ordinary process of Law cannot be served upon them.It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying them that an action has been commenced against them by petition inthe Circuit Court of Greene County in the State of Missouri founded on an administrator's bond given by Henry Fullbright as principal and Henry Sheppard and Ephraim B. Fullbright as securities for the sum of $2000.Plaintiff asks judgment for the sum of $639.30 and the interest thereon since the 1st of November 1860 and unless they be and appear at the next term of said Court to be holden at the Court House in Springfield within the County of Greene on the 4th Monday in January 1864 and on or before the 3rd day thereof Judgment will be rendered against them and their property sold to satisfy the same.It is
(continued)
75
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
OCTOBER ADJOURNED TERM 1863
p 251 (continued)
further ordered that a copy hereof be published in the Springfield Missourian, a newspaper printed in Springfield within the County of Greene for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court.
p 251/252.
The State of Missouri to the use of
Elisha Headlee Public Administrator
of Greene County having in charge the
Estate of Thomas Prunty, deceased. Defendant
vs
William H. Blakey, Thomas R.
Bridges & Robert C. Prunty Defendants
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit stating among other things that the above named Defendants are nonresidents of this State so that the ordinary process of Law cannot be served upon them.It is therefore ordered by the aforesaid Clerk, in vacation, that publication be made notifying them that an action has been commenced against them by petition in the Circuit Court of Greene County in the State of Missouri for the sum of $18,000 by William H. Blakey as principal and Thomas R. Bridges and Robert C. Prunty as securities conditioned that the said William H. Blakey as Executor of the estate of Thomas Prunty, deceased, should faithfully administer said estate according to Law and do all things touching the execution of the last will of said Thomas Prunty, deceased, that might be enjoined by law or the decree of any Court of competent jurisdiction.Plaintiff claims judgment against said Principal and his securities for a breach of the conditions of said bond in the sum of $4430 and interest thereon since October 1860 and that unless they be and at the next term of said to be held in Springfield, within the County of Greene and in the State of Missouri on the 4th Monday in January 1864 and on or before the 3rd day thereof judgment will be rendered against them and their property sold to satisfy the same.It is further ordered that a copy hereof be published in the Springfield Missourian, a Newspaper printed in Springfield within the County of Greene for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court.
p 252/253.
Henry Sheppard and John S. Kimbrough Plaintiffs
vs
Thomas D. Wooten Defendant
Now at this day comes the Plaintiffs by attorney in to Open Court and move the Court that an additional and amended order of publication be made in the above entitled cause.It is therefore ordered by the Court that an additional and amended publication be made in the Springfield Journal, a newspaper published in the State of Missouri for four successive weeks the last insertion to be at least four weeks before the first day of he next term of this Court notifying the said Defendant that an action has been commenced against him in the Circuit Court within and for Greene County, Missouri, founded on two promissory notes executed by Defendant to Plaintiffs, both dated Jan. 25th 1860 one payable 12 months after date for the sum of $200, the other note for $200 payable 24 months after date with interest on both at the rate of 10% per annum from date which notes were filed with the petition of Plaintiff at the time of the institution of this suit in the above entitled cause, in vacation, to wit, June 2nd 63.That the nature and general object of the suit is to obtain judgment for the amount of said notes and interest and to enforce the Quitable Lien which Plaintiffs have in and to the following real estate situate in the City of Springfield in the
(continued)
76
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F.
OCTOBER ADJOURNED TERM 1863
p 252/253 (continued)
County aforesaid, to wit: A part of Lot No 39 in Block No 9 beginning 18 feet from the SW corner of said Lot No 9 thence North 18 feet, thence East 40 feet, thence South 18 feet, thence West 40 feet to place of beginning as the vendors thereof to said Defendant and to have the said real estate under the order and decree of said Court or so much of the same as may be sufficient to satisfy the amount of said notes, interest and costs. That the personal property of said Defendant has been attached by Writ of Attachment issued from the Office of the Clerk of said Circuit Court of Greene County, in vacation, at the time of the filing of the aforesaid petition and unless he, the said Defendant, be and appear at the next term of said Circuit Court which will be begun and held at the Court House in the aforesaid County on the 4th Monday in January 1864 and on or before the 6th day of said term, if the same shall so long continue if not before the end of the term and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment will be rendered against him and his property sold to satisfy the same.
p 253/254.
Thomas Tiller, AdministratorTendentitlite
of the Estate ofJohn Adams, deceased Plaintiff
vs
T.H. Crouch, J.T. Hardin &
Charles Crouch Defendants
Now at this day comes the Plaintiff by attorney and files his petition with the Clerk founded on a bond against Defendants dated March 1st 1861 payable one day after date to Plaintiff as administrator tendentilite of the estate of John Adams, deceased, for the sum of $67 with 10% interest per annum until paid.The amount for which Plaintiff claims judgment after allowing all just credits and setoffs is $86.30.Plaintiff also files his affidavit stating that the Defendants have absconded or absented themselves from their usual place of abode in this State so that the ordinary process of law cannot be served upon them.It is therefore ordered by the Clerk of said Court in vacation, that publication be made in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited and unless he appears at the next term of the Court which will be held on the fourth Monday in January 1864 and on or before the 3rd day thereof if the term shall so long continue if not then before the end of the term judgment will be rendered against them and their propertysold to satisfy the same.
p 254.
Caleb Squibb Plaintiff
vs
Benjamin S. Johnson Defendant
Now at this day comes the Plaintiff by attorney and files his petition with the Clerk founded on a promissory note against Defendant 2nd day of March 1861 payable to Plaintiff on or before the first day of September next thereafter for the sum of $45 with interest at the rate of 10% till paid.The amount for which Plaintiff claims judgment after allowing for all just credits and setoffs is $52.12.And it appearing from the affidavit of the Plaintiff that the Defendant has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him.It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion to be at least four weeks
(continued)
77
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
OCTOBER ADJOURNED TERM 1863
p 254 (continued)
before the first day of the next term of this Court notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited and unless he appears at the next term of the Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue if not then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.
p255
Solomon C. Nevell Plaintiff
vs
James S. Jones & Richard M. Jones Defendants
Now at this day comes the Plaintiff by attorney and files his petition with the Clerk founded on a demand against the Defendants for the sum of $2366.15 paid by Plaintiff on the 27th August 1863 to the Bank of the State of Missouri at Springfield, Missouri, that being the amount due said Bank on a certain judgment rendered at the August term 1863 of the Circuit Court of Greene County, Missouri, on a certain promissory note for the sum of $2067.85 dated September 5th 1861 and due four months after the date thereof executed to said Bank of Missouri by said James S. Jones as principal and said Richard N. Jones and the Plaintiff as securities.Plaintiff claims judgment for said sum paid by him as security aforesaid and interest thereon at 10% per annum and it appearing from the petition of Plaintiff that the Defendant James S. Jones has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him.It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited and unless they appear at the next term of the Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue if not then before the end of the term judgment will be rendered against them and their property sold to satisfy the same.
p 255/256.
Washington C. Merritt Plaintiff
vs
William C. Porter Defendant
Now at this day comes the Plaintiff by attorney and files his petition with the Clerk founded on a promissory note against Defendant dated January 22d 1860 payable one day after date to Plaintiff for the sum of $880 with interest at 10% per annum from date until paid and if said interest is not paid annually to become as principal and bear the same rate of interest.The amount for which Plaintiff claims judgment after allowing all just credits and setoffs is said sum of $880 and interest due thereon at the present time.Plaintiff also files his affidavit stating that the Defendant is a nonresident of the State of Missouri.It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited and unless he appears at the next term of the Court which will be held on the 4th Monday in January 1864 and on or before the third day thereof if the term shall so long continue if not then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.
78
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
OCTOBER ADJOURNED TERM 1863
p 256/257.
James R. Danforth Plaintiff
vs
N.F. Jones and G.M. Jones Defendants
Now at this day comes the Plaintiff and by affidavit showing tothe Court that the Defendants cannot be summoned in this cause.It is ordered by the Court that the Defendants be notified by publication that an action has been commenced against them by petition and attachment in said Court founded on a promissory note against Defendants dated November 21st 1860 payable 12 months after date to the order of Samuel McClelland for the sum of $800 with interest from date at the rate of 10% per annum said note having since become the property of the Plaintiff by assignment and delivery. The Plaintiff claims judgment after allowing just credits and offsets for the sum of $800 and interest thereon according to the tenor and effect of said note.Also, their property has been attached and unless they appear at the next term of the Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue if not then before the end of the term and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against them and their property sold to satisfy the same. It is ordered further that this order be published in the Springfield Journal, a newspaper print ed in the State of Missouri, for four weeks successively the last insertion to be at least 4 weeks before the 1st day of the next term of this Court.
p 257.
Sheppard, Kimbrough & Weaver Co.
(A firm composed of Charles Sheppard,
S.B. Kimbrough & Edward L. Weaver) Plaintiffs
vs
Franklin J. Abernathy Defendant
Now at this day comes the Plaitiffs and files their petition with the Clerk founded on two promissory notes against Defendant dated January 1st 1861 payable one day after date to Plaintiffs, one for the sum of $25.75, the other note for the sum of $51.12, both notes bearing interest at the rate of 10% per annum from due untill paid and on failure to pay said interest annually the same to become principal and thereafter bear the same rate of interest as the principal.The amount for which Plaintiffs claim judgment after allowing all just credits and setoffs is $76.87 with 10% interest from 1st January 1861.And it appearing from the affidavit of the Plaintiff that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of law cannot be served upon him.It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of the Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue if not then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.
p 258.
Charles A. Haden Plaintiff
vs
John W. Hancock Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on two promissory notes against Defendant dated January 11th 1861 payable on demand to Plaintiff for the sum of $103.71 with interest at the rate of 6% per annum and also on a demand against Defendant for the sum of $400 and the interest thereon from the
(continued)
79
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
OCTOBER ADJOURNED TERM 1863
p. 258 (continued)
2nd day of April 1860 for money paid by Plaintiff for debt at his special instance and request to Joel H. Haden for a tract of land conveyed by said Haden to Plaintiff for all of which the Plaintiff claims judgment. And it appearing from the affidavit of the Plaintiff that the Defendant is not a resident of the State of Missouri. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of the Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue if not then before the end of the term and plead, answer or demur to Plaintiff's petition the same will be taken as confessed.
259.
Joseph Chaffin Plaintiff
vs
Harvey H. Neaves Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant dated January 22d 1861 payable 12 months after date to the order of Plaintiff, for the sum of $200 bearing 10% from date. The amount for which Plaintiff claims judgment after allowing all just credits and set-offs is $271.66. And it appearing from the affidavit of the Plaintiff that the Defendant has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of the Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue if not then before the end of the term and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgement rendered against him and his property sold to satisfy the same.
p. 260
Elisha Headlee, Public Administrator of Greene
County, Missouri, having in charge the Estate
of Elizabeth Yancey, deceased Plaintiff
vs
John Lair, Richard B. Owen and Tyree
G. Newbill Defendants
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk of theCircuit Court of Greene County, in vacation, and files his petition and affidavit, stating among other things that the above named Defendants, John Lair and Tyree G. Newbill have absconded or absented themselves from their usual places of abode in this State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the Clerk aforesaid that Publicaiton be made notifying them that action has been commenced agianst them by petition in the Circuit Court of Greene County, State of Missouri, founded on a note for the sum of $700 and interest on same at the rate of 10% since 12th May 1858 and unless they be and appear at the next term of said Court to be holden at the Court House in Springfield within the county of Greene on the 4th Monday in January 1864 and on or before the 3rd day thereof judgment will be rendered against them and their property sold to satisfy the same. It is further ordered that a copy hereof be published in the Springfield Missourian a newspaper published in thecounty of Greene for four weeks successively the last insertion to be at least 4 weeks before the commencement of the next term of said Court.
80
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