Springfield-Greene
County LibraryAugust Term 1862.
p 311.
Be it remembered that at the regular term of the Greene Circuit Court begun and held at the Court House in Springfield on the First Monday in August, A.D. 1862 there was present the Honorable Littleberry Hendrick, Judge of the 14th Judicial Circuit in the State of Missouri, John A. Mack Circuit Attorney, Martin J. Hubble Clerk of said Court and F. Church Coroner and Acting Sheriff of said County when and where the following proceedings were heard.
Now at this day comes the Coroner and acting Sheriff of Greene County and returns into Court the venire as a pannell to constitute a Grand Jury, vis: Woodson Howard who was by the Court sworn as foreman, N.A.H. Murphy, Alsey Oneal, John Harkness, James N. Appleby, James K. Alsup, Samuel Woods, Samuel Waddill, John Breedlove, Barrett Lemmon, Zachariah Sims, William B. Berry, H.G. Ramey, James M. McCroskey, George G. Beal, Junius A. Rountree, eighteen good and lawful men who being duly sworn according to the ordinance of the State Constitution and the Statutes of Missouri and turned the charge of the Court retired to consider of their presentments.
Alexander Evans Plaintiff
vs Civil Action
Hugh Hackney Defendant
Now at this day comes the Plaintiff by attorney and also the Defendant and by leave of Court the Plaintiff withdraws the instrument sued on by leaving a copy thereof and this cause is dismissed at the costs of Defendant.
96
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 312. Tuesday August 5, 1862.
Ordered that Z. Sims be discharged from further attendance on the Grand Jury.
State of Missouri Plaintiff
vs Selling goods without License #1, #2, #3, #4.
A.G. Durvaul tDefendant
Now at this day comes the Circuit Attorney and on his motion it is ordered that an alias writ issue in this cause.
State of Missouri Plaintiff
vs Felonious Assault
Sydney Ingram Defendant
Now at this day comes the Circuit Attorney and says he will no further prosecute said suit but suffer the same to be dismissed. It is therefore considered by the Court that the State take nothing by her said Writ and that the Defendant go hence without day.
p 313.
State of Missouri Plaintiff
vs Felonious Assault
Henry H. Neaves Defendant
Now at this day comes the Circuit Attorney who prosecutes and the Defendant being thrice called comes not but makes default and it appearing to the satisfaction of the Court that said Henry H. Neaves entered into a recognizance on the 17th day of March A.D. 1860 in the sum of $500 with Jabez Owen and James S. Jones as his securities to be void on condition that the said Henry H. Neaves be and make his personal appearance before the Judge of the Greene Circuit Court on the First Monday in August 1860 at the Court House in Springfield, Greene County, Missouri, and answer to a Bill of Indictment preferred against him by t he Grand Jury of Greene County for Felonious Assault and not depart said Court without leave. And the said Jabez Owen and James S. Jones being also three times called and required to bring in the body of the said Henry H. Neaves in obedience to their said recognizance came not but also made default. It is therefore considered by the Court that said recognizance be forfeited to the State of Missouri and that a scire facias be issued to said Henry H. Neaves, Jabez Owen and James S. Jones requiring them to appear before the Judge of the Greene Circuit Court on the First day thereof which commences at the Court House in Springfield on the Fourth Monday in January 1863 and show cause if any they have why judgment should not be rendered against them for the said sum of $500 and costs of suit and an execution be issued thereon.
State of Missouri Plaintiff
vs Disturbing the Peace
J. Creson Defendant
Now at this day comes the Circuit Attorney and says he will no further prosecute said suit but suffer the same to be dismissed. It is therefore considered by the Court that the State take nothing by the said Writ and that the Defendant go hence without day.
p 314.
State of Missouri Plaintiff
vs Felonious Assault
Peter Apperson Defendant
Now at this day comes the Circuit Attorney who prosecutes and the Defendant being thrice called and comes not but makes default and it appearing to the satisfaction of the Court that the said Peter Apperson entered into a recognizance on the 22nd of
(continued)
97
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 314 (continued)
December 1860 with John A. Foster as his security in the sum of $200 to be void on conditition that the said Peter Apperson be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the January term thereof (being the 4th Monday in January 1861) at the Court House in Springfield, Greene County, Missouri, for Felonious Assault and not depart said Court without leave and the said John A. Foster being also three times called and required to bring the said Peter Apperson in obedience to said recognizance came not but also made default. It is therefore considered by the Court that the said recognizance be forfeited to the State of Missouri and that a scire facias be issued to said Peter Apperson and John A. Foster equiring them to appear before the Judge of Greene Circuit Court on the 1st day there of which commences at the Court House in Springfield on the 4th Monday in January 1863 and show cause if any they have why judgment should not be rendered against them for the said sum of $200 and costs of suit and execution issue therefor.
p 315.
State of Missouri Plaintiff
vs Unlawful Gaming
William J. Cannefax Defendant
Now at this day comes the Circuit Attorney who prosecutes and the Defendant being thrice called comes not but makes default and it appearing to the satisfaction of the Court that the said William J. Cannefax entered into a recognizance on the 21st day of February 1861 in the sum of $100 with Samuel Fulbright as his security to be void on the condition that said William J. Cannefax be and make his personal appearance before the Judge of the Greene Circuit Court on the 1st day of the January Term thereof being the 4th Monday in January 1861 at the Court House in Springfield, Greene County, Mo., and answer to a Bill of Indictment preferred against him by the Grand Jury of Greene County, Mo., for Unlawful Gaming and not depart said Court without leave and the said Samuel Fulbright also being three times called and required to bring in the body of the said William J. Cannefax in obedience of said recognizance came not but also madedefault. It is therefore considered by the Court that the said recognizance be forfeited to the State of Missouri and that a scire facias be issued to the said William J. Cannefax and Samuel Fulbright requiring them to appear before the Judge of the Greene Circuit Court on the 1st day thereof which commences at the Court House in Springfield Greene County, Missouri, on the 4th Monday of January 1863 and show cause if any they have why judgment should n0t be rendered against them for the said sum of $100 and costs of suit and an execution issue therefor.
p 316.
State of Missouri Plaintiff
vs Disturbing Peace of a Family
Reuben E. Blakey Defendant
Now at this day comes the Circuit Attorney who prosecutes and the Defendant being 3 times called comes not but makes default and it appearing to the satisfaction of the Court recognizance for $100 with Thomas C. Blakey as his security to be void on the condition that the said Reuben E. Blakey be and make his personal appearance before the Judge of the Greene Circuit Court on the 1st day of the August term thereof being the 1st Monday in August 1861 at the Court House in Springfield, Greene County, Missouri, for Disturbing the Peace of a Family and not depart therefrom without leave of said Court and the said Thomas C. Blakey being also called 3 times and required to bring the said Reuben E. Blakey in obedience to his said recognizance and came not but also made default. It is therefore considered by the Court that the said recognizance be forfeited and a scire facias be issued to the said Reuben E. Blakey and Thomas C. Blakey requiring them to be and appear before the Judge of the Greene Circuit Court
(continued)
98
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 316 (cont)
on the 1st day thereof which commences at the Court House in Springfield, Greene County, Missouri, on the 4th Monday in january 1863 and show cause if any they have why judgment should n0t be rendered against them for the said sum of $100 and cost of suit and execution issued therefor.
p 317.
State of Missouri Plaintiff
vs Unlawful Gaming
A.M. Goddard Defendant
Now at this day comes the Circuit Attorney who prosecutes and the Defendant being 3 times called comes not but makes default. And it appearing to the satisfaction of the Court that the said A.M. Goddard entered into a recognizance for $100 with James H. Fagg as his security to be void on the condition that the said A.M. Goddard be and make his personal appearance before the Judge of the Greene Circuit Court on the 1st Monday in August 1861 at the Court House in Springfield, Greene County, Missouri, and answer to a Bill of Indictment preferred against him by the Judge of Greene County, Missouri, for Unlawful Gaming and not depart therefrom without leave of said Court and the said James H. Fagg being also called 3 times and required to bring in the said A.M. Goddard in obedience to his recognizance and came not but also made default. It is thereforeconsidered by the Court that the said recognizance be forfeited to the State of Missouri
and a scire facias be is sued to the said A.M. Goddard and James H. Fagg requiring them to be and appear before the Judge of our Greene Circuit Court on the 1st day thereof which commences at the Court House in Greene County, Missouri, on the 4th Monday of January 1863 and show cause, if any they have, why judgment should not be rendered against them for the said sum of $100 and cost of suit and execution be issued therefor.
p 318.
State of Missouri Plaintiff
vs Felonious Assault
James P. Redfearn Defendant
Now at this day comes the Circuit Attorney who prosecutes and the Defendant being called 3 times comes not but made default and it appearing to the satisfaction of the Court that the said James P. Redfearn entered into a recognizance on the 4th day of November 1859 in the sum of $500 with Richard Rose as his security to be void on condition that the said James P. Redfearn be and make his personal appearance before the Judge of the Greene County Court on the 1st day of the present term thereof on the 1st Monday in January 1862 at the Court House in Springfield, Greene County, Missouri, and answer to a bill of Indictment preferred against him by the Grand Jury of Greene County, Mo., for Felonious Assault and not depart said Court without leave and the said Richard Rose being also called 3 times and required to bring in the said James P. Redfearn to answer to his recognizance and came not but also made default. It is therefore considered by the Court that the said recognizance be forfeited and a scire facias be issued to the said James P. Redfearn and Richard Rose requiring them to be and appear beforethe Judge of the Greene County Circuit Court on the 1st day thereof which commences at the Court House in Springfield, Greene County, Missouri, on the 4th Monday in January 1863 and then and there show cause if any they have why judgment should not be rendered against them for the said sum of $500 and costs of suit and execution issue therefor.
p 319.
State of Missouri Plaintiff
vs Sabbath Breaking #1, #2, #3, #4
Peter Guff Defendant
Now at this day comes the Circuit Attorney and on his motion this cause is continued until the next term of this Court.
99
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862.
p 320.
ACTIONS FILED
Ann E. Young, admin. vs W.S. Baxley and J.S. Kimbrough
Henry Paulsel vs J.W. Ramey
Henry M. Kimley vs Benjamin E. Burns et al
James J. Pratt vs Thomas Phillips
B. Roberts vs S. Blackman and E. Hunt.
p 321.
ACTIONS FILED
Crow McCreery vs T.J. Owen
Harriet Smith vs R.P. Jenkins
W.H. Henslee vs James Jackson and J.S. McQuerter
State of Missouri vs Stephen Blackman
S. S. Vinton vs R.P. Faulkner.
p 322.
State of Missouri Plaintiff
vs Grand Larceny
Aaron Nutt Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and also the Defendant in person and by attorney and having announced themselves ready for trial, thereupon came a Jury:John H. Doran, James Dishman, Thomas Gurby, J.D. Waddill, W.M. Garrett, W.S. Landreth, James Folden, Robert Doren, Rich Gott, George Creson, M.B. Potter, George W. Koun, twelve good and lawful men who being duly elected and sworn to well and truly try the issue joined having heard a portion of the evidence and there not being time to complete the same are by the Court discharged until tomorrow 9 o'clock under charge of the Court.
MOTIONS FILED
Pike and Kellog vs George L. Mitchell
Bacon Hyde and Co vs George L. Mitchell
Hayden and Wilson vs George A. Layton.
p323.
Warham McElhaney Plaintiff
vs Civil Action
Peyton Nowlin Defendant
Now at this day comes the Plaintiff and files his interrogatories and this cause against Mary B. Nowlin and Mary Johnson as Garnishers in this cause and the said Mary B. Nowlin causes and files her answer to the interrogations and also the said Mary Johnson files her answer to the interrogations filed in this cause.
p 324. August 6, 1862
State of Missouri Plaintiff
vs Shooting Cattle
William Farmer Jr & William B. Farmer Sr Defendants
Now at this day comes the Circuit Attorney who prosecutes and says he will no further prosecute this cause but suffer the same to be dismissed. It is therefore considered by the Court that the State take nothing by her said Writ but that said Defendant go hence without day.
100
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p. 325.
State of Missouri Plaintiff
vs Indictment for Grand Larceny
Aaron Nutt Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State in this behalf as well as the Defendant in his own proper person and the Jury after hearing all the evidence and receiving the instructions of the Court retired to consider of their verdict and returned here unto Court the following: "We the Jury find the Defendant not guilty as charged in the Indictment. Richard Gott, foreman." It is therefore considered by the Court that the State take nothing by her Writ and the Defendant be discharged from said Indictment and go hence without day.
p 325/326.
John S. Waddill Plaintiff
against Civil Action
William Hendricks, Alfred Hosman,
Augustus Simmons, Nimrod Ford Defendants
Now at this day comes the Plaintiff in the above cause and it appearing to the Court that the Defendants have been personally served with process and that the Defendants have failed to answer or demur to the petition of the Plaintiff and the cause of action being founded upon a promissory note for the direct payment of money whereby the amount being ascertained from inspection of said note, the Court finds that Defendant owes Plaintiff $481 debt and $72.75 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendants the sum of $481 for his debt being the amount of said note and also the further sum of $12.75 for his damages together with all his costs in this behalf laid out and expended for all which Execution.
p 326.
Henry C. Ewing & Edward L. Edwards Plaintiffs
vs
William Hendricks, Augustus Simmons,
Alfred Hosman, Nimrod Ford Defendants
Now at this day comes the Plaintiff and it appearing to the Court that the Defendants have been personally served with process in this cause and that the cause of action being a promissory note for the direct payment money whereby the amount is ascertained and that the Defendants have failed to appear and demur or answer this petition of the Plaintiffs, the Court finds that the Defendants owe the Plaintiff $100 for this debt and $15 damages. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendants in the above cause the sum of $100 for their debt and also the further sum of $15 for his damages, together with all costs in this behalf laid out and expended for all which execution may issue this judgment bear 5 10%.
p 327.
James Eastman Plaintiff
against Civil Action
Nancy Klepper Defendant
Now at this day comes the Plaintiff and it appearing that the Defendant has been personally served with process and it also appearing that the foundation of this action is a promissory note for the direct payment of money whereby the amount is ascertained tobe $100 debt and $15 damage and that the Defendant has failed to answer or demur to the petition of the Plaintiff. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the sum of $100 for his debt and the further
(continued)
101
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862.
p 327 (cont)
sum of $15 for his damages together with all costs in this behalf laid out and expended for all which execution may issue.
p 328.
John C. Price Plaintiff
against
William Hendricks, Alfred Hosman,
Augustus Simmons Defendants
Now at this day comes the Plaintiff and it appearing to the Court that the Defendants have been personally served with process, and that the Defendants have failed to demur to or answer toe petition of the Plaintiff and this action being founded upon a promissory note for the direct payment of money, whereby the amount is ascertained to be $539.50 debt and further sum of $76.57 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants in this cause the said sum of $539.50 for his debt and also the further sum of $76.57 for his damages, together with all costs in this behalf laid out and expended for all which execution may issue and that this judgment bear interest at the rate of 10% per annum.
Joseph E. Winfield Plaintiff
against
William Hendricks & others Defendants
Comes the Plaintiff and dismisses as to R.E. Blakey and Nimrod Ford.
p 328/329.
Joseph E. Winfield Plaintiff
against Civil Action
William Hendricks, Alfred Hosman,
& Augustus Simmons Defendants
Now at this day comes the Plaintiff and it appears to the Court that the Defendants have been personally served with process in this cause and that its Defendants have failed to demur or to answer the petition of the Plaintiff which is taken as confessed and this action being founded on a promissory note for the direct payment of money whereby the amount is ascertained to be $539.50 debt and $76.57, it is thereby considered by the Court that the Plaintiff have and recover of and from the Defendants in this cause the said sum of $539.50 for his debt and also the further sum of $76.57 for his damages together with all costs in this behalf laid out and expended for all which execution may issue and that this judgment bear interest at the rate of 10% per annum.
Joseph E. Winfield Plaintiff
against
William Hendricks and others Defendants
Comes the Plaintiff and dismisses as to R.E. Blakey and Nimrod Ford.
p 328/329.
Joseph E. Winfield Plaintiff
against Civil Action
William Hendricks, Alfred Hosman
and Augustus Simmons Defendants
Now at this day comes the Plaintiff and it appears to the Court that the Defendants have been personally served with process in this cause and that its Defendants have failed to demur or to answer the petition of the Plaintiff which is taken as confessed and this action being founded on a promissory note for the direct payment of
(continued)
102
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 328/329 (cont)
money whereby the amount is ascertained to be $539.50 debt and $76.57 damages. It is thereby considered by the Court that the Plaintiff have and recover of and from the Defendants in this cause the said sum of $539.50 for his debt and also the further sum of $76.57 for his damages together with all costs in this behalf laid 0ut and expended for all which execution may issue and that this judgment bear interest at the rate of
10% per annum.
p 329.
Nancy Allen Plaintiff
vs Civil Action
C.A. Haden, et al Defendants
Comes the Plaintiff and dismisses this suit as to C.A. Haden and Andrew J. Thompson.
p 329/330.
Nancy Allen Plaintiff
against Civil Act ion
Junius T. Campbell &
David L. Fulbright Defendants
Now at this day comes the Plaintiff and it appearing to the Court that the Defendants have been personally served with process and that the Defendants have failed to answer or demur to the petition of the Plaintiff. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants the sum of $970 for her debt and the further sum of $440 for her damages together with all costs in this behalf laid out and expended for all which execution may issue and this judgment is to bear interest at the rate of 10% per annum.
p 330.
Hosea Mullings Plaintiff
against Civil Action
Joseph J. Weaver Defendant
Now at this day comes the Plaintiff and it appearing to the Court that the Defendant has been personally served with Process and having failed to answer or demur to the petition of the Plaintiff and this action being founded upon a promissory note for the direct payment of money. It is therefore considered by the Court that Plaintiff have and..recover of and from the Defendant the sum of $1285 for his debt and the further sum of $204.33 for his damages together with all costs in this behalf laid out and expended for all which execution may issue and this is to be an interest at the rate of 10% per annum.
p 330/331.
Josiah Birney Plaintiff
against
Alfred Kime Defendant
Now at this day comes the Plaintiff and it appearing to the Court that the Defendant has been personally served with process and having failed to answer or demur to the petition in this cause and this action being founded upon a promissory note for the direct payment of money whereby the amount is ascertained to be $504 debt and $75.60 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the sum of $504 for his debt and the further sum of $75.60 for his damages together with all costs in this behalf laid out and expended for all which execution may issue and that this judgment bear 10% interest per annum.
103
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 332.
Samuel McClelland Plaintiff
against
Robert P. Faulkner Defendant (Dismisses as to N.F. & J.S. Jones)
Now at this day comes the Plaintiff and it appearing to the Court that the Defendant has been personally served with process and that this action is founded upon a promissory note for the direct payment of money whereby the amount is ascertained to be $413.50 debt and $202.95 damages and the Defendant having failed to demur to or answer to petition of the Plaintiff is taken as confessed. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the sum of $413.50 for his debt and the further sum of $202.95 for his damages together with all costs in this behalf laid Out and expended for all which execution may issue and that this judgment bear interest at the rate of 10% per annum.
p 333.
Crow McCreery and Co, a mercantile
firm composed of Wayman Crow,
William A. Hargadine, George D. Appleton
and Hugh McKittrick, surviving partners of said firm Plaintiffs
against Civil Action by Confession
Thomas J.M. Hankins & Marcus L. Abernathy, a firm trading under the firm name of Hawkins and Abernathy Defendants
Now at this day comes J.W.D.L.F. Mack and by leave of Court files a statement verified by affidavit of Plaintiff and also a power of attorney duly acknowledged authorizing the said J.W.D.L.F. Mack to confess judgment in favor of said Plaintiffs against said Defendants on certain notes signed by Defendants and filed with said statement of Plaintiff and the Court from an examination of same find that Defendants are indebted to P1aintiffs in the sum of $1841.52 debt and damage. Whereupon the said attorney of Defendants confesses judgment in favor of said Plaintiffs and against said Defendants for the same. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendants the said sum of $1841.52 and also their costs laid 0ut and expended and that they have execution therefor and this judgment is to bear interest at 10% per annum.
p 334.
Christian Hoffman Plaintiff
vs Civil Action
J.W. Rainey & J.W. Sparkman Defendants
Now at this day comes the Plaintiff by attorney and it appearing that a jack ass attached in this cause liable to perish and depreciate in value by reason of expense in keeping it is ordered by the Court that the Sheriff sell the jann as the Law directs and keep the proceeds of said sale in his hands subject to the order of this Court.
State of Missouri Plaintiff
vs Indictment for Forgery
Jesse Spain Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State in this behalf and the Defendant being present in his own proper person says he is not guilty in manner and form as he stands charged in the Indictment and for trial puts himself upon the Country. Thereupon comes a Jury, to wit: Sylvester Blackwell, Andrew
(continued)
104
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 334 (cont)
Jackson, M.M. Busby, Jacob Garton, John Layton, Ephraim Daniel, W.P. Ramey, W.N. Brown, Jefferson Kinser, John B. Wilkerson, Thomas Overstreet and J.E. Winfield, twelve good and lawful men who were tried elected and sworn well and truly to try the issue joined.
p 334/335.
State of Missouri Plaintiff
vs Indictment for Forgery
Jesse Spain Defendant
Now at this day comes the Defendant and by leave of the Court files his motion to quash the Indictment in this cause and all and singular the premises being seen and by the Court understood. It is considered by the Court that said Indictment is bad for duplicity and the Defendant is not bound to answer the same and that the said Indictment be quashed. It is further considered by the Court that the said State take nothing by her writ and that the Defendant be discharged and go hence without day.
p 335.
Kimmball G. Russell, Reuben Beeman,
George G. Schoolfield and
George W. Parker, parties in trade
under the firm name and style of
Parker Russell & Co Plaintiffs
vs Civil Action
Wade H. Burden & Hugh L. Holland Defendants
Now at this day comes the Plaintiffs by their attorney and dismisses this suit as to the Defendant Hugh L. Holland and it appearing to the Court that the Defendant Wade H. Burden has been personally served with process and having failed to answer or demur to the petition of the Plaintiff the same is taken as confessed and this suit being founded upon a promissory note for the direct payment of money whereby the amount is ascertained to be $281.20 debt and $38.28 damages. It is therefore considered by the Court that the Plaintiffs have and recover of and from the said Defendant Wade H. Burden the sum of $281.21 for his debt and also the further sum of $33.28for his damages together with all costs in this behalf laid out and expended and that this judgment bear 10% interest for all which execution may issue.
p 336.
James M. Kellog Plaintiff
vs Civil Action On Note
Silvester Blackwell, Lewis F. Tatum
and William Tatum Defendants
Now at this day comes on to be heard the above entitled cause and the said Plaintiff appearing by his attorney and one of the said Defendants, Silvester Blackwell appearing by his attorney, the said Defendant Blackwell withdraws his answer in this cause and consents that judgment go against him for the amount mentioned in the petition of Plaintiff. And the said Plaintiff by leave of the Court dismisses this suit as to Defendant William Tatum and takes judgment as to the other Defendants, Lewis F. Tatum and Silvester Blackwell and this suit being founded on a promissory note and the Plaintiffs demand being ascertained thereby said note being for the sum of $400 with interest thereon at the rate of 10% per annum from the 15th day of November A.D. 1861 and it appearing also to the satisfaction of the Court that said Defendants Silvester Blackwell and Lewis E. Tatum, have been duly served with process as required by Law at least 15 days before the commencement of the present term of this Court,
(continued)
105
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 336 (cont)
and the said Lewis F. Tatum having wholly failed to plead answer or demur to petition of Plaintiff within the time prescribed by Law, but makes default. It is therefore considered by the Court that Plaintiff have and recover of and from the said defendants Silvester Blackwell and Lewis F. Tatum the said sum of $400 for his debt and the further sum of $29.06 for his damage together with his costs in this behalf laid out and expended but that in conformity to an agreement entered into between said Plaintiff and said Defendant Blackwell execution shall not issue therefor until after the expiration of 10 months from the rendition of this judgment unless sooner desired by said Defendants.
p 337.
Joel Phillips Plainttff
vs Civil Action
R.B. Coleman, Jabez Owen, A.M. Julian Defendants
Now at this day comes the Plaintiff and dismisses his suit as to the Defendant Jabez Owen, and it appearing that the Defendants R.B. Coleman and A.M. Julian have been personally served with process and that the said Defendants have failed to answer or demur to the petition of Plaintiff. The same is taken as confessed and this action being founded upon a promissory note for the direct payment of money whereby the amount is ascertained to be $340 debt and $80.07 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants, Reuben B. Coleman and Alfred M. Julian the sum of $340 for his debt and $80.07 for his damages together with all costs in this behalf laid out and expended and that this Judgment bear 10% interest for all which execution may issue.
p 337/338.
William F. Endors (or Enders)
John W. Bigelow Plaintiffs
vs
Samuel S. Vinton & William C. Hornbeak Defendants
Now at this day comes the Plaintiffs and it appearing to the Court that the Defendants have been personally served with process and that the Defendants have failed to answer or demur to the petition of the Plaintiff the same is taken as confessed and this action being founded upon a promissory note for the direct payment of money whereby the amount is ascertained $1505.98 debt and $234.40 damages. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendants the sum of $1505.98 for his debt and the further sum of $234.40 damages together with all costs in this behalf laid 0ut and expended and that this judgment bear 10% interest for all of which execution may issue.
p 338.
Lorenzo T. Watson Plaintiff
vs Civil Action by Attachment
Brittain Freeman Defendant
Now at this day comes the Plaintiff and it appearing that the Defendant has been personally served with process and the Defendant's property has been attached by virtue of this Writ of Attachment issued in this cause and that the Defendant has failed to answer or demur to the petition of the Plaintiff the same is taken as confessed and this action being founded on a promissory note for the direct payment of money whereby the amount is ascertained at $254.85 debt and 52.34 for damages. It is considered by the Court that the Plaintiff have and recover of and from the
(continued)
106
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 338 (cont)
Defendant the Sum of $254.85 for his debt amd also the sum of $52.34 for his damages together with all costs in this behalf laid out and expended for all which execution may issue. It is further considered that the Sheriff of Greene County sell the property attached in this case and apply the proceeds to the payment of this Judgment.
Peter Haden & Pollock Wilson Plaintiffs
vs Civil Action
Joseph Gott Defendant
Now at this day comes the Plaintiff and it appearing that the Defendant has been personally served with process and that the Defendant has failed to answer or demur to this petition of the Plaintiff and the same is taken as confessed and this action being founded upon a promissory note for the direct payment of money whereby the amount is ascertained to be $220 debt and $31.42 damage.It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendant the sum of $220 for his debt and $31.42 for his damages together with all costs in this behalf laid out and expended and that this judgment bear 10% int erest for all which execution may issue.
p 339.
J.K.P. McQuigg Plaintiff
vs Civil Action by Attachment
R..G. Abernathy
Now at this day comes the Plaintiff and files herein his interogatories and Fidelio S. Jones and Lewis D. Lole garnishees in this case comes and files herein their answers to the interagotories in this case.
State of Missouri Plaintiff
vs Indictment for Grand Larceny
John Jenkins & James E. Hicks Defendants
Now at this day comes the Circuit Attorney who prosecutes for the State in this behalf and the said Defendants being present in their own proper person on the application of the Defendants this case is continued until the next term of this Court.
p 340.
State of Missouri Plaintiff
vs Indictment for Grand Larceny
John Jenkins & James E. Hicks Defendants Now at this day comes Henry King, Rutledge King and J.L. King into Court and acknowledges themselves to owe and stand indebted to the State of Missouri, each in the sum of $100 to be levied of their respective goods and chattels lands and tenements but to be void upon condition that they make their respective appearance on the first day of the Next term of this Court at the Court House in the County of Greene in the State of Missouri which said next term will commence on the (no more)
p 340/341.
Charles Sheppard, Joseph B. Kimbrough
and Edward L. Weaver Plaintiffs
vs Civil Action
John L. Wallace Defendant
Now at this day comes the Plaintiff and it appearing that the Defendant has been personally served with process and having failed to answer or demur to the petition of Plaintiffs the same is taken as confessed and this action being founded on a promissory note for the direct payment of money whereby the amount is ascertained.
(cont)
107
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 340/341 (cont)
It is considered by the Court that the Plaintiffs have and recover of and from the Defendant the sum of $7.41 for their debt and also $11.63 for their damages together with all costs in this behalf laid out and expended for all which execution may issue and that this judgment bear 10% interest.
p 341.
Thomas C. Rainey Plaintiff
vs Civil Action for Attachment
Marcus Boyd Defendant
Now at this day comes the Plaintiff and it appearing that the Defendaint has been personally served with process and that the Defendant has failed to answer or demur to the petition of Plaintiff the same is taken as confessed and this action being founded on a promissory note for the direct payment of money whereby the amount is ascertained to be $250.71 debt and $58.34 damages. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant the sum of $250.71 for his debt and also the sum of $58.34 for his damages together with all costs in this behalf laid out and expended for all which execution may issue and that this judgment bear 10% interest.
p 341/342.
William McAdams, guardian of the
minor heirs of Joseph Powell Plaintiff
vs Civil Action
Abner Hamblin Defendant
Now at this day comes the Plaitiff and it appearing to the Court that the Defendant has been personally served with process and this action being founded on a promissory note for the direct payment of money whereby the amount is ascertained to be $83.07 and $21.44 & the Defendant having failed to answer or demur to the petition of the Plaintiff the same is taken as confessed. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the sum of $83.07 for this debt and also the sum of $21.44 damages together with all costs in this behalf laid out and expended for which execution may issue and that this judgment bear interest at the rate of 10% per annum.
p 342.
Chesley C. Ramey (or Rainey?) Plaintiff
vs Civil Action
Neely A. McCorkle and
Washington B. Anderson Defendant
Now at this day comes the Plaintiff and it appearing that the Defendants have been personally served with process and the foundation of this action being a note for the direct payment of money. And the Defendants having failed to answer or demur to the petition of the Plaintiff, the same is taken as confessed whereby the amount is found to be $200 debt and $68.40 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants the sum of $200 for his debt and also the sum of $68.40 for his damages together with all costs in this behalf laid out and expended for which execution may issue and that this judgment bear interest at the rate of 10% per annum.
108
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 342/343.
Henry Sheppard & John S. Kimbrough
partners in trade doing business
under firm name and style of
Sheppard & Kimbrough Plaintiffs
vs Civil Action
Abner Hamblin Defendant
Now at this day comes the Plaintiff and it appearing that the Defendant has been personally served with process and this action being founded on a promissory note for the direct payment of money the Defendant having failed to answer or demur to the petition of the Plaintiff the same is taken as confessed. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the sum of $400 for his debt and also the sum of $66.47 for his damages together with all costs in this behalf laid out and expended for all which execution may issue and that this judgment bear interest at the rate of 10% per annum.
p 343.
Joseph E. Winfield Plaintiff
vs Civil Action
John Thurman Defendant
Now at this day comes the Plaintiff and it appearing to the Court that the Defendant has been personally served with process and this action being founded on a promissory note for the direct payment of money and the Defendant having failed to answer or demur to the petition of the Plaintiff the same is taken as confessed whereby the amount is founded to be $302.00 debt and $76.33 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the sum of $302 for his debt and also the sum of $76.33 for his damages together with all costs in this behalf laid out and expended for all which execution may issue and that this judgment bear interest at the rate of 10% per annum.
Henry Paulsel Plaintiff
vs Civil Action by Attachment
Jefferson W. Rainey
Now at this day comes Charles Sheppard garnishee in this cause and files herein his answer to the interogatories heretofore filed in this cause and the said Charles Sheppard is allowed the sum of $15 for his services in appearing and answering the said interogatories.
p 344.
Henry Sheppard & John S. Kimbrough
vs Civil Action
Thomas L. Fay, William Peacher
and Thomas F. Layton Defendants
Now at this day comes the Plaintiffs and it appearing to Court that the Defendants have been personally served with process and it appearing that this action is founded upon a promissory note given by the Defendant, Thomas L. Fay, and by the Defendant William Peacher and Thomas F. Layton assigned to the Plaintiffs, the same is taken as confessed and the amount is ascertained as $450 debt and $128.43 damages. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendants the sum of $450 for their debt and also the sum of $128.43 for their damages and also costs in this behalf laid out and expended for all which execution may issue first against the Defendant Thomas L. Fay and upon failure to make the amount of this judgment out of the property of the said Thomas L. Fay, thenexecution is to issue against the Defendants William Peacher and Thomas F. Layton and that this judgment bear interest at the rate of 10% per annum.
109
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 345.
William McAdams Plaintiff
vs Civil Action
W.N. Burden & Joseph Burden Defendants
Now at this day comes the parties in this cause and by consent a credit of $37.50 as a payment is allowed upon its note filed in this cause and by consent of the parties judgment is to be rendered in favor of Plaintiff against Defendants for the recovery of said note, being the sum of $210 exclusive of interests. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants the said sum of $210 for his debt and also the further sum of $35.50 for his damages together with his costs in this behalf laid out and expended for all which execution may issue and that this judgment bear interest at the rate of 10% per annum.
Harriet Smith Plaintiff
vs Civil Action
Richard P. Jenkins Defendant
Now at this day comes the Plaintiff and it appearing that the Defendant has been personally served with process and this action being founded on a promissory note for the direct payment of money, whereby the amount ascertained and the Defendant having failed to answer or demur to the petition of Plaintiff the same is taken as confessed and the Court finds the Defendant owes the Plaintiff $85 debt and $13.59 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the sum of $85 for the debt and the further sum of $13.59 for her damages together with costs in this behalf laid out and expended for all which execution may issue and that this judgment bear interest at the rate of 10% perannum.
p 346.
Ann E. Young Plaintiff
vs Civil Action by Attachment
Wiley B. Roper & Moses Proctor Defendants
Now at this day comes the Plaintiff and it appearing to the Court by the return of the Coroner that the Defendants, Wiley B. Roper and Moses Proctor, cannot be summoned, it is therefore ordered by the Court that the Defendants be notified of the commencement of this suit the general notion of which is to recover a judgment upon a note made payable to Sample Orr by the said Moses Proctor and assigned to the Plaintiff by Riley B. Roper that unless the Defendants appear at the next term of this Court which will be held at the Court House in the City of Springfield in the County of Greene and State of Missouri on the 4th Monday of January, next, and on or before the 6th day of said term answer or demur to the petition of the Plaintiff the same will be taken as confessed and judgment rendered against them for the amount due upon said note and the interest thereon and that this order be published in the Springfield Journal 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 347.
Ann E. Young Plaintiff
vs Civil Action
W.D. Hendricks & M.D. Tucker Defendants
Now at this day comes the Plaintiff and it appearing from the return of the Coroner that the Defendants cannot be summoned. It is ordered by the Court that the Defendants be notified of the commencement of this Suit the notion of which is a petition filed to recover a judgment upon two notes of hand made payable to John Young, one note for $53.50 due one day after date dated May 20th 1861 the other for $7 due May 20th 1861 and that unless the Defendants appear on or before the 6th day of the
(continued)
110
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