Springfield-Greene
County LibraryApril Term 1839
Book B.
p.1.
Monday morning April 1st at a Circuit Court commenced and held in the town of Springfield at the Court House in the County of Greene and the State of Missouri. Present the Hon. Foster P. Wright Circuit Judge, Littleberry Hendrick Prosecuting Attorney, Francis Leeper Sheriff and Cornelius D. Terrell Clerk.
The Sheriff of Greene County returns here unto the Court the writ of venire facias to him directed with a pannell of Jurors thereon endorsed to serve as the Grand Inquest of the State of Missouri for the body of the County of Greene who being called comes as follows to wit: John L.C. Huddleston, who by the Court is appointed Foreman, John Ramey, Evans Tyler, James Miller, Thomas Hayton, Benjamin Chapman, Isaac Looney, Arthur Davis, Lewis H. Scruggs, A.J. Bone, John L. Martin, James C. Turner, Elisha Headle, David Headle, Erastus McMurray, John Freeman, William Gideon, Thomas Ellison, Martin Taylor, Joseph Porter, and the said Jury being sworn and received a charge from the Court, retire from the bar to consider of their presentments.
Now at this day on motion of Cornelius D. Terrell, Clerk of the Greene County Circuit Court, Wm. B. Chapman who was appointed Deputy Clerk for the said Circuit Court of Greene which appointment was approved by the Court and the said Wm. B. Chapman was sworn accordingly.
James Y. Warren
vs
H. & E. Fulbright
Now at this day came the Defendants by their council and filed their motion for an injunction to stay the proceeding in the above case and all and singular the premises being understood by the Court it is ordered by the Court that the above motion be overruled.
p 2.
B.W. Cannefax
vs
James Reece
Now at this day came the Defendant by his council and ask leave to file his demurer in the above case which was granted by the Court and the demurer was accordingly filed.
William Kendall
vs Petition in debt
William Sanders
Now at this day came the Plaintiff in the above cause and says he will no further prosecute the said suit and ask leave of the Court to withdraw said note and to him leave is grarnted to withdraw the said note and the said have and recover his costs in this behalf paid out and expended for which execution may issue.
p. 3.
James Y. Warren
vs
H. & E. Fulbright
(motion by Defendants to quash writ of execution. Granted)
112
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. April Term 1839
p 3. (cont)
State of Missouri Plaintiff
vs Indictment for affray
Bennet Thrower and Stanhill Defendants
Now at this day came the Defendants by their Councel and filed the motion to quash the indictment in the above cause for the reasons therein contained. After due reflection of the Court it is ordered that the said indictment be quashed and the said Defendant be discharged.
State of Missouri Plaintiff
vs Indictment for Murder
Randolph Britt Defendant
(continued until next term of this Court)
p 4.
State of Missouri Plaintiff
vs Indictment for Murder
Randolph Britt Defendant
And now at this day came the Defendant in his own and proper person and the State by Robert W. Crawford hjs Attorney Pro Tem and the said Defendant filed his motion and affidavit praying that he be allowed a change of venue for reasons therein contained and the premises being seen and fully understood by the Court it is ordered that a Change of Venue be granted to the County of Benton and that the record in this cause be transcribed by the Clerk and certified to the said County and the original papers therewith.
State of Missouri Plaintiff
vs Indictment for Murder
Randolph Britt Defendant
Now at this day came Lucius A. Rountree in the Open Court and Acknowledged himself to owe and be indebted to the State of Missouri in the just and full sum of one hundred dollars to be levied of his respective goods and chattles lands and tenements to be void however upon conditions that the Lucius A. Rountree shall personally appear at the Benton Circuit Court on the third Monday after the 4th Monday in July, next, on the first day of the said term then and there to give evidence in behalf of the State of Missouri in a certain matter of controversey now pending wherein the State of Missouri is Plaintiff and Randolph Britt is the Defendant and not depart the same without the leave of the Court.
p 5.
State of Missouri Plaintiff
vs Indictment for Murder
Randolph Britt Defendant
Now at this day came Benjamin M. Jewett into Open Court and Acknowledged himself to owe and be indebted to the State of Missouri in the just and full sum of one hundred dollars to be levied of his respective goods and chattles lands and tenements to be void however upon conditions that the said Benjamin M. Jewett shall personally appear at the Benton Court on the third Monday after the fourth Monday in July, next, on the first day of the said term then and there give evidence in behalf of the State of Missouri in a certain matter of controversey now pending wherein the State of Missouri is Plaintiff and Randolph Britt is Defendant and not depart the same without leave of the Court.
Robert W. Crawford
vs
David O. George
(Motion by Defendant to quash writ. Court accordingly Quashed)
113
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. April Term 1839
p 6.
State of Missouri Plaintiff
vs Indictment for manslaughter
C.S. Yancey Defendant
Now at this day came Littleberry Hendrick who prosecuted on behalf of the State and filed his motion and affidavit for the continuance of the above cause for reasons therein contained and all and singular the premises being understood by the Court it is ordered that the cause be continued until the next term of this court.
State of Missouri Plaintiff
vs Indictment for manslaughter
C.S. Yancey Defendant
Now at this day came the said Charles S. Yancey and John P. Campbell, Nicholas R. Smith and Larkin Payne his securities and Acknowledged themselves to owe and be indebted to the said State of Missouri in the just and full sum of two thousand dollars to be levied of their respective goods and chattles and lands and tenements for the use of the said State, to be void upon this condition that the said Charles S. Yancey be and appear before the Judge of our Greene Circuit Court and the first day of the next term thereof to answer an indictment for manslaughter preferred against him by the Grand Jury of Greene County and not depart the Court without leave and otherwise be discharged by a due cource of law then this Recognizance to be void otherwise to remain in full and virtue.
p 7.
State of Missouri Plaintiff
vs Indictment for manslaughter
Charles S. Yancey Defendant
And now at this day came Littleberry Hendrick who prosecuted on part of the State in this behalf as well as the Defendant in his own proper person and by mutual consent the continuance of the above cause is ordered by the Court here to be set aside.
State of Missouri Plaintiff
vs Indictment for becoming grocer without license
Joshua Jones Defendant
And now at this day came the Defendant by his council and filed his motion to dismiss the said indictment for reasons therein contained and after due reflection and examination it is ordered by the Court that the said motion be overruled.
John Holcomb Plaintiff
vs Trespass
Alvin Foster Defendant
Now at this day came the Defendant by his council and filed his petition and affidavit for a Change of Venue in the above cause.
p 8
John Holcomb Plaintiff
vs Malicious prosecution
Alvin Foster Defendant
Now at this day came the Defendant by his council and filed his petition and affidavit for a Change of Venue in the above cause.
State of Missouri Plaintiff
vs Indictment for manslaughter
Charles S. Yancey Defendant
This day came the prosecuting Attorney on behalf of the State and the said Defendant in his own and proper person who being forthwith demanded of and concerning the premises,
(continued)
114
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. April Term 1839
p 8.(continued)
and how he will acquit himself of the same saith he is not guilty thereof in manner and form as in said indictment he is charged and for his trial puts himself upon the Country and the Circuit Attorney who prosecutes as aforesaid doth the like, thereupon came a Jury, to wit: Thomas Lawrence, Asa J. Simpson, Joseph Moss, Joseph B. Carey, John W. Thompson, William Parrish, James Nugent, John H. Tatum, Lewis Tatum, John Murry, George Cook and Griffin P. Sanders, who being duly elected tried and sworn well and truly to try and a true deliverance make between the State of Missouri and C.S. Yancey the prisoner at the bar and for want of time this cause was adjourned until toworrow morning 8 o'clock.
p 9. Thesday morning April 2nd Court met pursuant to adjournment. Present as yesterday.
R.W. Sims Plaintiff
vs
John McDaniel Defendant
Now at this day came the Defendant by his council and ask leave to file his plea and demurer in the above case which was granted by the Court and the same was accordingly filed.
William Dye Plaintiff
vs
A. Barnes Defendant
Now at this day came the Defendant by his council and ask leave to file his plea in the above cause which was granted by the Court and the same was accordingly filed.
J. Crutchfield Plaintiff
vs
William Dye Defendant
Now at this day came the Defendant by his council and ask leave to file his petition in the above cause which was by the court granted and was accordingly filed.
State of Missouri Plaintiff
vs Indictment for manslaughter
C.S. Yancey Defendant
Now at this day again came the Circuit attorney who prosecutes for the State of Missouri in this behalf and the said Charles S. Yancey in his own proper person as well as the said Jury who were elected having been heard in said cause for want of time is continued until tomorrow morning.
p 10.
Joseph Crutchfield
vs
William Dye
(Defendant filed affidavit and bond)
p 11.
John Cannefax
vs
S.D. Haley
Now at this day came the Defendant and his council and asked leave to file his motion in the above cause which was granted by the Court and the same was accordingly filed.
115
GREENE COUNTY, MISSOURI CIRCUIT COURT, CASES
Book B. April Term 1839
p 11.
State of Missouri Plaintiff
vs Indictment assault and battery
A. Hollinsworth Defendant
Now at this day came Avanan Hollingsworth as principal and James Lee as security into Open Court and Acknowledged themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be levied of their respective goods and chattles lands and tenements, upon condition nevertheless that if the said Avanant Hollinsworth shall be and appear on the first day of the next term of the Circuit Court for the County of Greene to be holden at the Court House in the town of Springfield within aforesaid Greene County on the first Monday after the fourth Monday in July, next, then and there to answer an indictment found against him for an assault and battery and shall not depart the Court without leave therein this Recognizance to be void otherwise to remain in full force.
State of Missouri Plaintiff
vs Indictment for perjury
James Boren Defendant
(Alias capias issued in this cause)
p 12.
State of Missouri Plaintiff
vs Indictment for manslaughter
Charles S. Yancey
Now at this day again came the Circuit Attorney who prosecutes for the State of Missouri in this behalf and the said Charles S. Yancey in his own proper person as well as said Jury who were elected tried and sworn in said cause, to try the said cause, and the arguments of council on both sides being heard and fully understood, the Jury returned to consider of their verdict and afterwards returned in to the Court the following verdict "We the Jury find the said Charles S. Yancey not guilty in manner and form as charged in said indictment." Thereforee it is considered by the Court that the said Charles S. Yancey be discharged from custody and go hence without day.
John Holcomb Plaintiff
vs Trespass
Alvin Foster Defendant
Now at this day came the Defendant by his Council and filed his motion for a Change of Venue in the above cause for reasons contained in the aforesaid motion and affidavit the premises being heard and fully understood by the Court it is ordered by the Court that a Change of Venue be awarded to the County of Benton and that a transcript of the record and of all of the original papers and proceedings in said cause be transmitted to the
Clerk of the said Bento Circuit Court.
p 13.
Delphia Price
vs
Alpheus S. Huff
Now at this day came the Defendant by his Council his motion and affidavit for a change of venue in the above cause for reasons contained in the aforesaid motion and affidavit, the premises being heard and understood by the Court. It is ordered by the Court that a Change of Venue be awarded to the County of Barry and that a transcript of the record and of all of the original proceedings in said cause be transmitted to the Clerk of the
Barry County Circuit Court - then adjourned until tomorrow morning 8 o'clock.
Thursday morning April 4th Court met persuant to adjournment. Present as yesterday.
116
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. April Term 1839
p 13.
William Smith
vs Trespass
D. Mallicoat
(By mutual consent - cause ordered dismissed)
p 14.
Joseph Vaulx
vs
B.W. Cannefax
(continued until next term of Court)
State of Missouri Plaintiff
vs Indictment for perjury.
A.H. Payne Defendant
(State no longer prosecute. Defendant go hence)
State of Missouri Plaintiff
vs Indictment for receiving stolen goods
Greene Cumpton Defendant
Now at this day came the Defendant by his council and filed his motion to strike out the first count in said indictment.
State of Missouri Plaintiff
vs Assault with intent to kill
John Dixon Defendant
Now at this day came Littleberry Hendrick who prosecutes on the part of the State as well as the said Defendant in his own proper person who being forthwith demanded of and concerning the premises and how he will acquit himself of the same saith he is not guilty in manner and form as on said indictment he is charged and for his trial puts himself upon the Country and the Circuit Attorney does the like and thereupon came the following Jury, to wit: Jackson Wallis, Larkin Paine, Alexander Lee, Gray Wills, Jesse Lewis, R.P. Haden, Joseph Rountree, Lemuel H. Freeman, Solomon Catner, John Guinn, Joseph D. Haden and Robert Wills, who being duly elected tried and sworn to try the above cause and after hearing the argument of council on both sides being heard and fully understood, the Jury retired to consider of their verdict and afterwards returned here into Court the following verdict "We the Jury find the Defendant not guilty in manner and form as charged in said indictment," thereforee it is considered by the Court that the said John Dixon be discharged from custody and go hence without day.
p 15.
State of Missouri Plaintiff
vs Indictment for becoming grocer without license.
Joshua Jones Defendant
Now at this day came Littleberry Hendrick who prosecutes on the part of the State and says he will no longer prosecute the above indictment. Thereforee it is considered and ordered by the Court here that the said Defendant go hence without day.
State of Missouri
vs Assault and battery and wounding
Alpheus Huff
(Defendant filed demurer - ordered overruled)
117
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. April Term 1839
p 16.
John Cannefax Plaintiff
vs
S.D. Haley Defendant
Now at this day came the Defendant by his council and filed his motion to rule the said Plaintiff in the above cause to secutity for costs and after evidence being introduced and heard by the Court it is ordered that he enter bond and security for costs in the above cause 30 days before the next term of Court.
B.H. Boone
vs
Josiah Burney
(Motion by Defendant to dismiss - overruled)
B.H. Boone
vs Appeal
Josiah Burney
Now at this day came the Defendant by his council and filed his motion and affidavit for n Elizer in the above cause whereupon it was ordered by the Court here that Junius T. Campbell be and he is hereby appointed an Elizer in the above cause and was accordingly sorn as such.
p 17.
Jesse Lewis
vs Appeal
Lee and Reno
Now at this day came the Defendant by their council and upon their motion this cause was ordered to be continued until the next term of this Court for reasons therein contained and it is further ordered that the said Defendant pay all the cost at this term of the Court.
B.H. Boone
vs Appeal
Josiah Burney
Now at this day came the Plaintiff by his attorneys as well as the said Defendant by his attorneys and said they were ready for trial in the above cause and thereupon came a Jury, to Wit: Hugh Smiley, Benjamin Harper, Larkin Paine, Kindred Rose, John Biggs, Jackson Wilkerson, Hoseah Mullins, Joseph Rountree, Edward S. Smiley, Eli Ussery, Lemuel H. Freeman and C.G. White who were elected tried andswornas a Jury in the above cause and who having heard the evidence and the arguments of Council on both sides returned here to the Court the following verdict, "We, the Jury, cannot agree'; thereupon it is ordered by the Court that the said Jury be discharged and the cause to be continued until the next term of this Court.
p 18.
The Grand Jury returned herein the Court a bill of Indictment against:
J. Renott, A. Maupin for gaming, a true bill
also, a bill of indictment against J. Hawk and A.H. Paine for an affray, a true bill
also, a bill of indictment against David 0. George for becoming an auctioneer, a true bill
also, a bill of indictment against James Langston for an assault with the intent to kill, a true bill.
also, a bill of indictment against Joshua Jones for selling liquor to Indians, a true bill
also, a bill of indictment against R.J. McElhaney for selling liquor to Indians, a true bill
also, a bill of indictment against Lucius Rountree for an assault and battery, a true bill
(continued)
118
GREENE COUNTY, MISSOSRI, CIRCUIT COURT CASES
Book B. April Term 1839
p 18. (continued - Indictments)BR>
also, a one other indictment against R.J. McElhaney for selling liquor to Indians, a true bill.
also one other indictment against E. Hollinsworth for an assault and battery, a true bill
also, a bill of indictment against Casebolt and Stallings for selling goods without a license, a true bill
also, a bill of indictment against Benjamin H. Boone and John C. Boone for becoming auctioneers, a true bill
also, an indictment against W. McEthary for selling Liquor to Indians, a true bill
also, an indictment against Joshua Jones for selling liquor to Indians,a true bill
also, one other indictment against said Joshua Jones fr selling liquor to Indians, a true bill
also, one indictment against R.J. McElhaney for selling liquor to Indians, a true bill
And the Grand Jury, stating that there was no further business before them, are discharged by the Court.
p 19
Benj. W. Cannefax
vs Trespass
Benj. Chapman and Gray Wills
Now at this day came parties by their attorneys and on motion this cause was ordered to be continued at the cost of said Defendants.
Adam Biggs Plaintiff
vs
B.W. Cannefax Defendant
Now at this day came the Plaintiff by his attorney and dismissed the above cause thereforee it is considered by the Court that the said Defendant have and recover of the said Plaintiff his cost in this behalf laid out and expended for which execution may issue.
Jesse Lewis Plaintiff
vs
D. Smith and S. Hancock
Now at this day came the said Plaintiff by his attorney and filed his motion to dismiss said appeal and all and singular the premises being heard and fully understood by the Court it is ordered that the said cause be dismissed and the papers in the above cause be remanded to the Justice of Peace.
p 20.
Jesse Lewis Plaintiff
vs Appeal
D. Smith and S. Hancock Defendants
Now at this day came the Plaintiff by his attorney and the defendants in the above cause being solemnly called comes not but makes default thereforee it is considered by the Court that the said Plaintiff have and recover of the said Defendants and the said James Lee security in the appeal bond the sum of $55 for his debt and 94¢ for his damages together with the costs by him in this behalf as well as this Court and the Court below laid out and expended for all which execution may issue.
John Biggs Plaintiff
vs
Levi Click
Now at this day came the Plaintiff by his attorney and dismissed the above cause, thereforee it is considered by the Court that the said Defendant have and recover of the said Plaintiff his costs in this behalf laid out and expended for which execution may issue.
119
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. April Term
p 20.
Thomas Wilkerson Plaintiff
vs
James Lee and Joel H. Haden Defendants
(Plaintiff dismissed cause. Defendants recover expenses from Plaintiff)
p 21.
State of Missouri Plaintiff
vs Indictment assault and battery, wounding, intent to kill
A. Huff Defendant
Now at this day came the Defendant by his attorney and asked leave to file his motion and affidavit for a change of venue in the above cause for reasons contained in the aforesaid motion and affidavit and the premises being heard and fully understood by the Court it is ordered that a Change of Venue be awarded to the County of Barry and that a transcript of the record and all of the original papers and proceedings in said cause be transmitted to the clerk of Barry County.
John Biggs
vs
Levi Click
Now at this day came the Plaintiff by his attorney and asked leave to withdraw the note filed in the above cause and to him leave was granted and the same was accordingly withdrawn.
Elisha Painter Plaintiff
vs
D. Smith and S. Hancock Defendants
Now at this day came the Plaintiff by his attorney and the said defendants being solemnly called and comes not but makes default thereforee it is considered by the Court that the said Plaintiff have and recover of the said Defendants and James Lee the security in the appeal bond the sum of $45 for his debt and 75c for his damages together with his cost in this behalf laid out and expended as well in this Court as in the Court below for all which execution may issue.
p 22.
Campbell Hunt Plaintiff
vs
James Lee Defendant
Now at this day came the above Plaintiffs by their Council as well as the said Defendant in to open Court, the said Defendant having nothing to say why Judgment should not be rendered against the said Defendant for the sum of $65 for their debt and $3.79 for their damages together with all cost which have accrued in the above cause for all which execution may issue.
Jesse Lewis Plaintiff
vs Appeal
James Lee Defendant
Now at this day came the Plaintiff by his attorney and the Defendant being solemnly called but makes default thereforee it is considered by the Court here that the said Plaintiff have and recover of the said Defendant the sum of $10 for his debt together with all costs that has accrued in the above cause as well as in the Court below for all which execution may issue.
Court adjourned until tomorrow morning 8 o'clock.
120
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. April Term 1839
p 23. Friday morning April 5th Court met persuant to adjournment. Present as of yesterday.
State of Missouri Plaintiff
vs Indictment for selling liquor to Indians
Joshua Jones Defendant
Now at this day came Joshua Jones the above Defendant together with Thanas R. Hunt his security, who acknowledged themselves to owe and stand justly indebted unto the State of Missouri in the just and full sum of $450 for the use of our said State to be levied of their respective goods and chattles lands and tenements; to be void, however, upon this condition that the said Joshua Jones be and personally appear before the Judge of our Greene Circuit Court on the first day of our next term of said Court then and there to answer three several indictments preferred against him for selling liquor to Indians and not depart the same without leave of the Court and otherwise abide the decisions of the said Court.
p 23/24.
State of Missouri Plaintiff
vs Indictment for giving liquor to Indians
William McElhaney Defendant
Now at this day came William McElhaney the above Defendant together with A.H. Payne, L.A. Rountree his securities who Acknowledged themselves to owe and stand indebted to the State of Missouri in the just and full sum of $150 for the use of our said State, to be levied of their respective goods and chattles lands and tenements, to be void however upon condition that the said William McElhaney be and personally appear before the Judge
of our Greene Circuit Court on the first day of our next term of the said Court then and there to answer an indictment against him by the Grand Jury for the County of Greene for giving liquor to Indians and not depart the same without leave of the Court and otherwise abide the decision of the Court.
p 24.
State of Missouri Plaintiff
vs Indictment for receiving stolen goods
Greene Cumpton Defendant
(Defendant filed motion to strike first count in indictment. Motion sustained)
State of Missouri Plaintiff
vs Indictment receiving stolen goods.
Greene Cumpton Defendant
Now at this day came the Defendant by his attorney and filed his motion to quash the said indictment for reasons therein contained and all singular the premises being heard and fully understood by the Court it is considered by the Court that the said motion be sustained and the indictment quashed to which decision of the Court the Circuit attorney excepted and appealed therefrom and the Court being of opinion that it is expedient to have the Judgment of the Supreme Court therein orders that the Recognizance remain in force until the next term of this Court.
p 25.
Alvin Foster Plaintiff
vs Trespass
John Holcomb Defendant
(Cause continued until next term of Court)
121
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. April term 1839
p 25.
State of Missouri Plaintiff
vs Indictment for becoming auctioneer
B.H. Boone and John C. Boone Defendants
Now at this day came the Defendants in the above cause together with Burton A. James their security who acknowledged to owe and stand justly indebted to the State of Missouri in the just and full sum of $500 for the use of our said State to be levied of their respective goods and chattles lands and tenements, to be void however upon the condition that the said Defendants Benjamin H. Boone and John C. Boone be and personally appear before the Judge of our Greene Circuit Court on the first day of our next term of said Court, then and there to answer an indictment perferred against them by the Grand Jury of the County of greene, for becoming Auctioneers and not depart the same without leave of the Court and otherwise abide the decision of the Court.
p 26.
State of Missouri Plaintiff
vs Indictment for Purgery
John Kennon Defendant
(Writ of Alius capias filed by Prosecutor)
State of Missouri Plaintiff
vs Indictment assault and battery
Lucius A. Rountree
Now at this day came the above named Defendant Lucius A. Rountree together with Nicholas R. Smith his security who acknowledged themselves to owe and stand justly indebted to the State of Missouri in the just and full sum of $100 levied of their respective goods and chattles lands and tenements for the use of our said State to be void however upon the condition that the said Lucius A. Rountree be and appear before the Judge of our Greene Circuit Court on the first day of our next term then and there to answer an indictment preferred by the Grand Jury for the body of Greene for an assault and battery and not depart the same without leave and otherwise abide the decision of the said Court.
p 27,
William Dye Plaintiff
vs Appeal
Henry Collier Defendant
(Continued to next term of Court)
E. Hogan, for the use of
H.T. Lafferty Plaintiff
vs Appeal
John E. Stallings Defendant
Now at this day came the Plaintiff by his attorney as well as the said Defendant by his- attorney into open Court and the said Defendant says nothing why Judgment should not be rendered against him thereforee it is considered by the Court that the said Plaintiff have and recover of the said Defendant and John W. Danforth his security in the Appeal Bond the sum of $70.14 for his debt and $11.71 for his damages together with his costs in the Court as well as in the Court below by him laid out and expended for all which execution may issue.
Junius T. Campbell Plaintiff
vs Petition in debts
R.K. Payne Defendant
Now at this day came the Plaintiff by his attorney and the Defendant being solemnly called comes not but makes default. And the said debt being founded on an instrument of writing and submitted to the Court - the Court do find that the said Defendant stand
(continued)
122
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. April term 1839
p. 27 (continued)
indebted to said Plaintiff in the sum of $500 for his debt and $7.50 for his damages. Thereforee it is considered by the Court that the said Plaintiff have and recover of the said Defendant the said sum of $500 for his debt and $7.50 for his damages together with the cost in this behalf by him laid out and expended for all which execution may issue.
p 28.
A. Hollensworth Plaintiff
vs Appeal
C.A. Haden Defendant
Now at this day came the Plaintiff and his Counsel and the Defendant in the above cause being solemnly called comes not but makes default thereforee it is considered by the Court that the said Plaintiff have and recover of the said Defendant the sum of $17 for his debt and 44¢ for his damages together with the cost by him laid out and expended as well in this Court as in the Court below for all which execution may issue.
David Humphrey Appellee
vs Appeal
Benjamin Harper Appellant
Now at this day came the Defendant and filed his motion and affidavit for a continuance for reasons therein contained and all and singular the premises being heard and fully understood by the Court it is ordered that the Cause be continued until next term of this Court at the cost of the said Defendant.
p 29.
John T. Wills Appellee
vs Appeal
John Edwards Appellant
Now at this day came John Edwards, Appellant in the above cause, by his attorney and filed his motion and affidavit for a continuance for reasons therein contained and all and singular the premises being heard and fully understood by the Court it is considered by the Court that the above cause be continued until the next term of this Court at the cost of the said Defendant.
State of Missouri Plaintiff
vs Indictment for gaming
A.W. Maupin and J. Reno Defendants
Now at this day came A.W. Maupin into open Court together with A.N. Foley his security who acknowledged themselves to owe and stand justly indebted to the State of Missouri in the just and full sum of $150 to be levied of their respective goods and chattles lands and tenements for the use of our said State to be void however on this condition that the said A.W. Maupin be and appear before the Judge of our Greene Circuit Court on the first day of our next term of our said Court then and there to answer an indictment preferred against him by the Grand Jury for the County of Greene for gaming, and not depart the same without leave of the said Court and otherwise abide the decisions of the said Court.
p 30.
James Reese
vs
B.W. Cannefax
(Cause ordered continued until next Court term)
123
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. April Term 1839
p 30.
H.G. Joplin
vs Assumpset
R.W. Hamilton
(Defendant filed plea of Abatement - Court overruled)
R.W. Crawford
vs
James McBride
Now at this day came the Defendant and filed his plea to the Declaration in the above cause.
Dreury Merritt Plaintiff
vs Assumpset
Benjamin Kimberlin
Now at this day appearing to the satisfaction of the Court that the said Dreury Merritt is deceased it is considered by the Court that said suit be dismissed.
p 31.
James McBride Plaintiff
vs
R.W. Crawford Defendant
Now at this day came the Plaintiff and ask leave to file his replication to the third plea of the Defendant in the above cause which was accordingly done.
B.W. Cannefax Plaintiff
vs
James Reese Defendant
Now at this day for good cause shown leave is given the Defendant to file special pleas on said cause by serving a copy on the Plaintiff's attorney before the 15th of May, next.
Guinn Leeper Plaintiff
vs
Jonathan Harper Defendant
Now this day came the Plaintiff by his attorney and moved the Court to permit him to sue for a non-suit in the above cause. Whereupon it is ordered by the Court that the same be allowed and leave granted to withdraw the note.
John W. Ball Plaintiff
vs
Greene County Defendant
Now at this day came John W. Ball and filed his account against Greene County for boarding Oren Collier who was confined in the jail of said County on a charge of Grand Larceny for 42 days amounting to $15.75 which was examined by the Court and ordered to be certified to the County Court for allowance.
p 32.
Abraham Barnes Plaintiff
vs
William Dye Defendant
(Cause continued until next court term)
R.W. Sims Plaintiff
vs
John McDaniel
Now at this day came the Defendant by his attorney and filed his demurer to the Plaintiffs Declaration in the above cause.
124
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. April Term 1839
p 32.
E. Brown Plaintiff
vs Appeal
James Moore Defendant
Now at this day came the Plaintiff by his attorney and the Defendant being solemnly called came not but makes default whereupon after hearing all the allegations and proofs of the Plaintiff it is considered by the Court that the Plaintiff recover of the said Defendant and Charles A. Haden, his security in the appeal, the sum of $54.061/2 for his debt and 54¢ for his damages and the costs as well in the Court below as in this Court by him laid out and expended and that he have execution thereforee.
p 33.
Benjamin H. Boone Plaintiff
vs Appeal
Josiah F. Burney Defendant
Now at this day came the Plaintiff in the above cause by his Attorney and says he will no longer prosecute the said appeal thereforee it is considered by the Court that said cause be dismissed and the said Defendant have and recover of the said Plaintiff the costs by him laid out and expended as well in this Court as in the Court below, and that he have execution thereforee.
Alexander Hollingsworth Appellant
vs Appeal
Charles A. Haden Appellee
Now at this day came the parties aforesaid by their respective attorneys and the cause having been taken under advisement at the last term by the Court the Court sitting as a Jury find that the said Defendant is indebted to said Plaintiff in the sum of $17 for his debt after allowing so much of said defendants act off as was proven it being the amount of the Judgment of the Justice rendered' in said cause [and also the further sum of 44¢ for his damages accruing since the Judgment of said Justice]. Thereforee it is considered by the Court that said Alexander Hollingsworth have and recover of the said Charles A. Haden the sum of $17 for his debt and his costs and charges in said Justices Court laid out and expended and that he have execution thereforeE. And it is further considered by the Court that the said Charles Haden have and recover of the said Alexander Hollingsworth his costs and charges in this behalf laid out and expended in this Court and that he have execution thereforee.
p 34.
H.G. Joplin Plaintiff
vs Attachment as assumpsit. Plea in abatement.
R.W. Hamilton Defendant
Now at this day came the parties and their attorneys and issue being joined in said pleas and the same submitted to the Court the allegations and proof being heard and fully understood by the Court the Court do find that the said R.W. Hamilton was not an inhabitant of this State at the time of issuing said writ it is thereforee considered by the Court that the Defendant answer over.
E. Brown Plaintiff
vs Appeal
James Moore Defendant
Now at this day comes the Plaintiff by his attorney and the Defendant being solemnly called comes not but makes default and all and single the allegations and proofs of thePlaintiff being fully understood by the Court the Court do find that the Defendant stands indebted to the said Plaintiff in the sum of $54.061/2 for his debt and 54¢ for his damages. Therefore it is considered by the Court that the Plaintiff recover of the said Defendant
(Continued)
125
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. April Term 1839
p 34. (Continued)
and Charles A. Haden, his security, the said sum of $54.06 1/2 for his debt and 54¢ for his damages and as well the costs of this Court as in the Court below and that he have execution therefore
.
Court adjourned until tomorrow morning half past seven o'clock.
p 35.
Saturday morning April 6th Court met persuant to adjournment. Present as yesterday.
Guyan Leeper Plaintiff
vs Appeal
Jonathan Harper Defendant
(Plaintiff ask leave withdraw note in above case. Accordingly withdrawn)
Jacob Alderman and James Lee Appellants
vs Appeal from Justice Court
Lewis Polk Appellee (Plaintiff)
Now at this day came Lewis Polk by his attorney as well as the said Alderman and Lee by their attorney who having nothing to say why Judgment should not be rendered against them in favor of Lewis Polk it is considered that the said Polk have and recover of the said Alderman and Lee the sum fourteen dollars and fortythree and three quarters cents together with his cost of suit in the behalf laid out and expended as with in this Court as in the Court below for all which execution may issue.
R. McElhaney
vs
Alonson Botton
(Cause ordered continued next term of Court)
p 36.
John W. Ball
vs Attachment
Alonson Botton
(Cause continued until next term of Court)
Levi Click
vs Attachment
Alonson Botton
(Cause continued until next term of Court)
Brown and George
vs Appeal from Justice Court
Campbell Stuard
(Cause dismissed by Plaintiff in above suit)
p 37.
L. Hendrick Plaintiff
vs Bill in Chancery
Dan B. Miller Defendant
It appearing to the satisfaction of the Court that the said Dan B. Miller since the issueing and serving of the said bill and summons upon the said Miller, has deceased and that he is the sole respondant named in the said bill the said orator by leave of Court filed his petition and affidavit praying that a summons in the nature of a scire facias issue in said case against certain persons named in said petition and that they be made respondents to said bill; and all and singular the premises being heard and fully understood
(continued)
126
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. April Term 1839
p 37. (continued)
it is ordered and considered by the Court that a summons in the nature of a scire facias issue against the persons in said petition rendered in due firm of law - and a motion leave is given the oraton to file his amended bill at least thirty days before the next term of this Court.
State of Missouri Plaintiff
vs Indictment for affray
John H. Hawk and A.H. Payne Defendants
Now at this day came John H. Hawk and Anderson H. Payne and Benj. W. Cannefax, A.N. Foley and Daniel R. Coleman their securities in to Open Court and acknowledged themselves to owe and stand indebted unto the State of Missouri in the sum of $100 to be levied of their respective goods and chattles lands and tenements to be void upon this condition that if the said John H. Hawk and Anderson H. Payne shall be and appear before the Judge of our Greene Circuit Court at the Court House in the town of Springfield on the first day of our next term thereof to be holden on the first Monday after the fourth Monday of July, next, then and there to answer an indictment prefered against the said Hawk and Payne for an affray and abide the Judgment of the Court therein and not depart the same without leave therefore recognizance to be void.
p 38.
John T. Shanks
vs
Wm. P. Smith
(Defendant filed plea in above cause)
James Moore
vs
Elisha Brown
(Defendant filed plea in above cause)
R.W. Hamilton
vs
B. Duke
(Defendant filed Plea in above cause)
State of Missouri Plaintiff
vs Recognizance to keep the peace
Dixon Jeffries Defendant
This day came the Defendant by his attorney and moved the Court to discharge him from his Recognizance which motion was sustained by the Court.
State of Missouri Plaintiff
vs Recognizance to keep the peace
Dunnagan Defendant
This day came the Defendant by his attorney and moved the Court to discharge him from his Recognizance which motion was sustained by the Court.
p 39.
R.W. Sims
vs
John McDaniel
(Defendant filed his demurer then filed his pleas)
127
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. April 1839 Term
p 39.
R.W. Hamilton
vs
Chatton Duke
(Defendant filed his plea)
Alexander Hollinsworth Plaintiff
vs Appeal
Haden and Shirley Defendants
And now this day came the Plaintiff by his attorney and filed his motion to set aside the Judgment and grant a new trial in the above cause and all and singular the premises being heard and fully understood by the Court. The same is overruled.
State of Missouri Plaintiff
vs Indictment for petty larceny
Greene Cumpton Defendant
Now at this day came the Circuit Attorney and filed his bill of Exceptions in the above cause.
p 40.
Ordered by the Court that capias issue on all indictments to the Sheriff of Greene County except the State vs Boren which is to be directed to the Sheriff of Newton County. Ordered that all business not attended to at this term of the Court be continued until the next term thereof. Court adjouned till Court in Cause. F.P. Wright
128
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