Springfield-Greene
County LibraryAugust Term 1862
Book E
p 347 (continued)
next term of this Court which will be held at the Court House in Greene County and State of Missouri on the 4th Monday of January, next, and answer or demur to the petition of the Plaintiff the same will be taken as confessed and judgment rendered against them for the amount of said notes and the interests therein and the costs of this suit. It is further ordered by the Court that this order be published in the Springfield Journal for 4 weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court.
p 348.
Richard H. Coward Plaintiff
vs Civil Action
William Pursley and John Pursley Defendants
Now at this day comes the Plaintiff and it appearing that the Defendants have been duly served with personal service and having failed to plead answer or demur to Plaintiffs petition and the foundation of the same being a note signed by the Defendants whereby the amount is found to be $399 debt and $55 damages, the same is by the Court taken as true. It is therefore considered and adjudged by the Court after an examination of the same that the Plaintiff have and recover of and from the said Defendants the sum of $399 for his debt and $55 for his damages and all his costs in this behalf laid out and expended and that he have execution therefor and interest on the same at the rate of 10%.
p 349.
State of Missouri Plaintiff
vs Disturbing The Peace Of A Family
Robert Edmonson, William Edmonson, Benjamin
Edmonson, Volney Massey, G. Sims, John
Edmonson, Henry Illsby, Robert Ellison,
Shellman Beach, Limuel Austin, Robert
Mathews, Ben Stone, William Williamson,
Nathaniel Jeffries, John Jeffries,
Robert Jeffries Defendants
Now at this day comes the Circuit Attorney and by leave of the Court says he will not further prosecute this suit. It is therefore considered by the Court that the same be dismissed, that the State of Missouri take nothing by her said suit and that the Defendants be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Malicious Wounding Animal
William Farmer Defendant
Now this day the motion to quash the Indictment in this cause coming on to be heard, and the Court being advised of and concerning the premises said motion is by the Court sustained and said Indictment quashed. It is therefore considered by the Court that the State of Missouri take nothing by her suit, that the Defendant be discharged hereof and go home without day.
State Of Missouri Plaintiff
vs Grand Larceny
Benjamin Beal Defendant
Now at this day comes the Circuit Attorney who prosecutes and says by leave of the Court he will not further prosecute. It is therefore considered by the Court that the State of Missouri take nothing by her suit that the same be dismissed and that the Defendant be discharged hereof and go hence without day.
111
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 350.
William H. Huff Plaintiff
vs Civil Action
Reason P. Haden Defendant
Now at this day comes the Plaintiff and it appearing to the Court the Defendant has been personally served with process and having failed to answer or demur to the petition ofthe Plaintiff to 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 at $2000 for his debt and $280.94 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the sum of $2000 for his debt and the further sum of $280.94 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 rage of 10% per annum.
p 351.
State of Missouri Plaintiff
vs Indictment for Gaming
Reuben E. Blakey Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State in this behalf and the Defendant being thrice called came n0t but made default. And it appearing to the satisfaction of the Court that on the 11th day of February 1861 the Defendant entered into a recognizance for $100 with T.C. Blakey as his security to be levied of their respective goods and chattels land and tenements but to be void upon the condition that the said Reuben E. Blakey shall well and truly make his appearance before this Court in this Court House in the County of Greene and the State of Missouri at a Court to be begun and held in and for said County on the 1st Monday of August 1861 and on the 1st day of said term and not depart said Court wit bout leave, otherwise said recognizance was to remain in full force and the said T.C. Blakey being thrice called and required to bring into Court the body of the said Reuben E. Blakey in answer to his said recognizance came not but made default. It is therefore considered by the Court that said recognizance be forfeited and that a scire facias be issued to said Reuben E. Blakey and T.C. Blakey requiring them to appear
January 1863 to show cause if any they have why judgment shall not be rendered against them for $100 and costs in this behalf laid out and expended and execution be issued therefor.
p 351/352.
State of Missouri Plaintiff
vs Indictment For Gaming
Millie Reed Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State in this behalf and the Defendant being thrice called came not but made default, and it appearing to the satisfaction of the Court that on the 11th day of February 1861 the Defendant entered into a recognizance for $100 with Reuben F. Blakey as her security to be levied of their goods and chattels lands and tenements but to be void upon the condition that the said Millie Reed make her appearance before this Court on the next term thereafter which was to commence and be held at the Court House in County of Greene in the State of Missouri on the 1st Monday of August 1861 and not depart said Court without leave otherwise said recognizance to remain in full force and the said Reuben E. Blakey being also thrice called and required to bring the body of the said Millie Reed into Court in obedience to her recognizance came not but made default. It is therefore considered by the Court that the said recognizance
(continued)
112
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 351/352 continued
be forfeited and that a scire facias issue to the said Millie Reed and Reuben E. Blakey requiring them to appear on the 1st day of the next term of this Court which will commence and be held at the Court House in Greene County, Missouri, on the 4th Monday of January 18611 and show cause if any they have why judgment shall not be rendered against them for $100 and the costs in this behalf laid out and expended therefor.
P 352/353
State of Missouri Plaintiff
vs Indictment Playing Cards on Sunday
Millie Reed Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State in this behalf and the Defendant being thrice called came not but made default, and it appearing to the satisfaction of the Court that on the 11th day of February 1861 the Defendant entered into a recognizance for $100 with Reuben E. Blakey as her security to be levied of their goods and chattels, lands and tenements but to be void upon the condition that the said Millie Reed make her appearance before this Court on the next term thereafter which was to commence and be held at the Court House in the County of Greene in the State of Missouri on the 1st Monday of August 1861 and not depart the Court without leave otherwise to remain in full force and the said Reuben C. Blakey being thrice called and required to bring the body of said Millie Reed into Court in obedience to her said recognizance came not but made default. It is therefore considered by the Court that the recognizance be forfeited and that a scire facias issue to the said Millie Reed and Reuben E. Blakey requiring them to appear in this Court on the first day of the next term thereof which will commence on the 4th Monday of January 1863 and show cause if any they have why judgment shall not be rendered against them for $100 and costs in this behalf laid out and expended and execution issue therefor.
p 353.
Thomas J. Whitlock Plaintiff
vs Civil Action
William A. Campbell & Samuel Vinton Defendants
Now at this day comes the Plaintiff and it appearing to the Court that the Defendants have been personally served with process and this suit being founded on a promissory 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. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants the sum of $441.25 for his debt and also the sum of $57.60 for his damages together with costs in this behalf laid out and expended and that this judgment bear interest at the rate of 10% per annum.
J.S. Pratt vs Thomas Phillips Civil Action Motion to strike out demurrer.
State of Missouri vs A. Demouth and Jack Cisco Cause continued.
p 354.
State of Missouri vs Samuel Andrews Felonious Assault Cause continued.
State of Missouri vs James W. Blakey Felonious Assault Cause continued.
State of Missouri vs J.M. Johnson Malicious Mischief Circuit Attorney unwilling
to prosecute. Defendant discharged.
113
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E.
AUGUST TERM 1862
p 354/355.
State of Missouri Plaintiff
vs Indictment Unlawfully Solemnizing A Marriage.
Edward Tatum Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State in this behalf and the Defendant being thrice called came not but made default, and it appearing to the satisfaction of the Court that the Defendant, on the 21st day of February 1861, entered into a recognizance for $500 with Lewis F. Tatum and W.L.B. Say as securities but to be void upon condition that the said Edward Tatum make his appearance before this Court on the first day of the next term which was to be held at the Court House in the County of Greene in the State of Missouri on the first Monday of August 1861 and not depart said Court without leave and the said Lewis F. Tatum and W.L.B. Say being also thrice called and required to bring the body of the said Edward Tatum into Court in obedience to his said recognizance came not but made default. It is therefore considered by the Court that the said recognizance be forfeited and that a scire facias issue to the said Edward Tatum, Lewis Tatum and W.L.B. Say requiring them to appear in this Court on the first day of the next term thereof which will be held at the Court House in Springfield, Greene County, Missouri on the Monday in January 1863, then and there to show cause if any they have why Judgment shall not be rendered against them for $500 and costs in this behalf laid out and expended and execution be issued therefor.
p 355/356.
State of Missouri Plaintiff
vs Felonious Assault
Thomas H. Boston 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 and being demanded of how he will acquit himself of the charge against him says for plea that he is not guilty and puts himself upon the Country and the Circuit Attorney say doth the like thereupon comes a Jury, to wit: W.H. Graves, John Doran, J.B. Rainey, J.J. Brown, W. Whitlock, A. Caynile', A. Ingram, T.C. Rainey, T. Rogers, Peter Linden, Wash. Merritt, B.F. Fielden, twelve good and lawful men who being tried, elected and sworn well and truly to try this issue joined after hearing the evidence returned the following verdict "We the Jury find the Defendant not guilty in manner and form as he stands charged in the Bill of Indictment." It is therefore considered by the Court that the Defendant be discharged and go hence without day.
p 356.
Ann E. Young Plaintiff
vs Civil Action
William S. Bagby and John J. Kimbrough Defendants
Now at this day comes the parties by their respective attorneys and by consent of parties Judgment is to be rendered against the Defendants for the sum of $3886.58 for their debt and $502.03 for her damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants the said sum of $3886.58 for her debt and also the sum of $502.03 for her damages together with costs in this behalf laid 0ut and expended. It is further agreed between parties and ordered by the Court that execution be not issued till the next term of this Court.
p 356/357.
Crow McCreery & Co Plaintiff
vs Civil Action
Thomas J. Owen Defendant
Now at this day comes on to be heard the motion heretofore filed in the above entitled
(continued)
114
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 356/357 cont,
cause and it appearing to the satisfaction of the Court that neither plaintiff or Defendant reside in this County by reason whereof this Court has no Jurisdiction to try said cauSe. It is therefore considered by the Court that said motion be sustained and this cause be dismissed and that Defendant have and recover of and from said Plaintiffs his cost in this behalf laid out and expended and that execution issue therefor.
p 357.
City of Springfield Plaintiff
vs Appeal From Recorder Court of Said City.
Reuben E. Blakey Defendant
Now at this day comes the Plaintiff by Attorney and the Defendant comes not but makes default and because the Defendant who is appellant fails to prosecute his appeal it is ordered by the Court that the Judgment of Recorder be affirmed. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant Reuben E. Blakey and Thomas C. Blakey his security in the appeal bond the sum of $20 the fine assessed by the Recorder also her costs of suit to wit $10.20 together with the costs of this Court for all which execution may issue.
p 358. Friday August 8th 1862
Lewis A.D. Crenshaw vs Peter Nowlin and John Dixon Alias attachment awarded.
Bacon Hyde & Co. vs George L. Mitchell L.M. Bigbee files his answer to interogatory.
Lewis G. Lemay vs B.H. Woodson and James Norfleet and W.H. Henslee. Leave given Henslee to Plead October next.
H.J. Lindenbower vs John A. Miller Leave given Defendant amend answer.
p 359.
Peter Copeland Plaintiff
vs Civil Action
Jesse Jennings, Admin of George
Yoakum and others Defendants
The Judge of this Court having been of Counsel in this cause, it is therefore ordered by the Court that this cause be removed to the County of Polk in the Seventh Judicial Circuit in the State of Missouri and that the Clerk of this Court make out a full and complete transcript of the record and proceedings in this cause and together with the original papers now on file in this office transmit the same duly authenticated to the Clerk of the Circuit Court of said County of Polk.
p 360. Saturday August 9th 1862
Edward L. Weaver Plaintiff
vs Civil Action on Note
James S. McQuerter, who was impleaded with James Jackson defendants -- Now at this day comes to be heard the demurer heretofore filed in this cause and all and singular the premises being seen and fully understood by the Court said demurer is by the Court sustained and leave is given the Plaintiff to amend his petition in this cause. And said Plaintiff failing and refusing to amend said Petition, it is therefore considered by the Court that Plaintiff take nothing by his said suit but that the same be dismissed and that Defendant go hence without day and have and recover of and from said Plaintiff all cost in this behalf laid out and expended and that execution issue therefor.
115
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 361.
William H. Henslee Plaintiff
vs Civil Action
James S. McQuerter, who was
impleaded with James Jackson Defendant
Now at this day comes to be heard the demurer heretofore filed in this cause and all and singular the premises being seen and fully understood by the Court said demurer is by the Court sustained and leave is given the Plaintiff to amend his petition in this cause. And said Plaintiff failing and refusing to amend said Petition, it is therefore considered by the Court that Plaintiff take nothing by his said suit but that the same be dismissed and that Defendant go hence without day and have and recover of and from said Plaintiff all cost in this behalf laid out and expended and that execution issue therefor.
Wayman Crow, Phocian R. McCreery,
William A. Hargadine, George D. Appleton,
Hugh M. Kittrick, parties in trade under
firm name and style of
Crow McCreery & Co. Plaintiff
vs Civil Action
Robert G. Abernathy, Robert A.
Abernathy, Daniel F. Abernathy Defendants
Now at this day comes the Plaintiffs by their attorney and suggest the death of Plaintiff McCreery and leave is given the Plaintiffs to amend their Petition and prosecute this suit in the name of the survivors.
Wayman Crow, William Hargadine, George
D. Appleton and Hugh M. Kittrick
Surviving partners of the firm of
Crow McCreery and Co Plaintiff
vs
Robert G. Abernathy, Robert A.
Abernathy, Daniel T. Abernathy Defendants
Now at this day comes the Plaintiffs by their attorney and it appearing from the return of the Sheriff that the Defendants cannot be summon. It is therefore ordered by the Court that the Defendants be notified of the commencement of this suit by publication in the Springfield Missourian for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court the object of which is to obtain a Judgment upon a promissory note dated February 18th 1859 due 6 months after date for thirty six hundred and fifty seven dollars and seventeen cents and that unless the Defendants appear in this court at the next term which be begun and held at the Court House in the city of Springfield in the County of Greene and State of Missouri and on or before the sixth day of said term answer or demur to the petition of the Plaintiff the same will be taken as confessed and Judgment rendered for the amount and interest as costs of suit.
p 362.
J.M. Montgomery Plaintiff
vs Civil Action
Charles Robinson, S.J. Robinson &
Henry McKinley Defendants
Now at this day comes the Plaintiff and dismisses this suit as to Charles Robinson and S.J. Robinson and it appearing that the Defendant Henry McKinley has been personally served with process and 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 promis-
continued)
116
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 362 continued.
sory note for the direct payment of money and the amount found to be due is $120 for his debt and $24.40 for his damages. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendant Henry McKinley the said sum of $120 for his debt and also $24.40 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.
p 363.
State of Missouri Plaintiff
vs False Pretense
Joseph Renfro Defendant
Now at this day comes the Circuit Attorney who prosecutes and the Defendant being called three times comes `not but makes default and it appearing to the satisfaction of the Court that the said Joseph Renfro entered into a recognizance on the 13th day of September 1859 in the sum of $300 with John F. Norton, A.S. Adams, M.V. Abernathy, John F. Abernathy and M.L. Abernathy as his securities to be void on condition that the said Joseph Renfro be and make his personal appearance before the Judge of our Greene Circuit Court the first day of the next term thereof which was begun and held 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 the Grand Jury of Greene County for obtaining money under false pretense and not depart without leave of said Court and the said John F. Norton, A.S. Adams, M.V. Abernathy, John F. Abernathy and M.L. Abernathy being also called three times and required to bring in the body of said Joseph Renfro to answer his recognizance came not but also made default. It is also considered by the Court that the said recognizance be forfeited to the State of Missouri and a scire facias be issued to the said Joseph Renfro, John F. Norton, A.S. Adams, M.V. Abernathy, John J. Abernathy, M.L. Abernathy, requiring them to be and appear before the Judge of the Greene Circuit Court on the first 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 $30 and costs of suit and an execution issue therefor.
p 364.
Ordered by the Court that the time for pleading in all attachment cases be extended till Thursday of Next Week, inclusives.
Ordered by the Court that the Court adjourn until Monday morning 8 o'clock.
p 365. Monday August 11, 1962.
It now appearing to the Court that Woodson Howard, foreman of the Grand Jury, being sick and unable to serve. Chesley Cannefax is appointed and sworn as foreman of the Grand Jury.
State of Missouri Plaintiff
vs Warrant Assault and Battery. Appeal From Justice Court.
B.C. Hardin Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State in this behalf and the Defendant failing to appear and prosecute his appeal in this cause the Judgment of the Justice is by Court affirmed the Defendant being the Appellant in this cause. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant and Lewis F. Tatum, his security, the sum of $10 the fine assessed in Justice Court against the Defendant together with
(continued)
117
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 365 Continued.
$8.25 the costs in Justice Court and all costs in this Court laid out and expended for which execution may issue with a capias clause.
State of Missouri Plaintiff
vs
J.M. Kelly Defendant
Now at this day comes the Circuit Attorney and says he is unwilling to further prosecute this Indictment .It is therefore considered by the Court that the State take nothing by her writ and that the Defendant be discharged and go hence without day.
p 366.
Henry King Plaintiff
vs Civil Action
John Jenkins & James E. Hicks Defendants
Now at this day comes the demurers to be heard and all and singular the premises being seen and fully understood by the Court said demurer is by Court sustained and leave is given the Defendant to amend his answer during the present term of this Court.
p 367.
Sidney Wilson Plaintiff
vs Civil Action
William Thompson, George W. Sloan
& Joseph L. Thompson Defendants
Now at this day comes the Plaintiff and dismisses this suit as to Joseph L. Thompson and it appearing to the Court that the Defendants have been served with process and failing to appear and 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 and all and singular the premises being seen and fully understood by the Court. The Court finds the amount due the Plaintiff to be $300 for his debt and also the sum of $41.25 for his damages. It is therefore considered by the Court that Plaintiff have and recover from the Defendant the said sum of $300 debt and $41.25 damage for all execution may issue with costs and interest this Judgment . The interest at 10%.
Sidney Wilson Plaintiff
vs Civil Action
John Turner Defendant
Now at this day comes the Plaintiff and it appearing to the Court the Defendant has been notified of the commencement of this suit by publication in the Springfield Journal a newspaper published in the State of Missouri for four weeks successively the last insertion being at least 4 weeks before the first day of this term of this Court and the said Defendant failing to appear and answer or demur to the petition of the Plaintiff the same is taken as confessed and all and singular the premises being seen and fully understood by the Court this action being founded on a promissory note for the direct payment of money. The Court finds the amount due to be $505 for his debt and $66.65 for his damages.It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $505 for his debt and the sum of $66.65 for his damages together with all costs in this behalf laid out and expended for all of which execution may issue and that this Judgment bear 10% interest per annum.
118
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 368.
Thomas C. Rainey Plaintiff
vs Civil Action
John H. Miller Defendant
Now at this day comes the Plaintiff and it appearing that the Defendant has been 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 and all and singular the premises being seen and fully understood by the Court. The Court finds the amount due to be $106.02 debt and $17.65 damages.It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $106.02 debt and $17.65 damages together with all costs in this behalflaid out and expended for which execution may issue and this Judgment is to bear 10% interest per annum.
p 368/369.
Thomas C. Rainey Plaintiff
vs Civil Action
J.M. Bailey Defendant
Now at this day comes the Plaintiff and it appearing that the Defendant has been 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 and all and singular the premises being seen and fully understood by the Court the Court finds theamount due to be $187.54 debt and $30.27 damages.It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $187.54 for his debt and the sum of $30.27 for his damages together with all costs in this behalf laid out and expended for all which execution may issue and that this Judgment interest at the rate of 10% per annum.
p 369.
Thomas C. Rainey Plaintiff
vs Civil Action
John H. Price Defendant
Now at this day comes the Plainiff and it appearing that the Defendant has been served with process and that this action is founded on a promissory note for the direct payment of money and the Defendant having failed to appear and answer or demur to the petition of the Plaintiff the same is taken as confessed and all and singular the premises being seen and fully understood the Court finds that the amount due to be $157.82 debt and $58.40 damages.It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant the sum of $157.82 and also the sum of $58.40 together with all costs in this behalf laid out and expended for all which execution may issue and that that this Judgment bear 10% interest per annum.
p 370.
Theophilus Piper Plaintiff
vs Civil Action
William H. Henslee Defendant
Now at this day comes the Defendant and files his affidavit and asks a continuance of the cause and all and singular the premises being seen and fully understood by the Court and that Defendant pay the costs of this term for which execution may issue.
119
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 370.
William H. Henslee, assignment of
Jabez Owen Plaintiff
vs Civil Action
Franklin J. Abernathy Defendant
Now at this day comes William H. Henslee by his attorney and by leave of Court files his petition verified by affidavit and also an instrument of writing signed by Jabez Owen assigning and transferring the demand of said Plaintiff (Owen) against said Defendant (Abernathy) to the said Petition. Henslee who asks that he be substituted as party Plaintiff instead of said Owen and introduced evidence to the Court to prove the genuineness of the signature of and to said assignment. It is ordered that the said William H. Henslee be substituted as party Plaintiff in this cause with all the rights and privileges of the same.
p 371.
Daniel Payne Plaintiff
vs Civil Action
Benjamin W. Cannefax & R.B. Cannefax Defendants
Now at this day comes the Plaintiff and dismisses this suit as to the Defendant B.R. Cannefax and it appearing that the Defendant B.W. Cannefax has been served with process and this action being founded upon a promissory note for the direct payment of money whereby the amount is ascertained and the said Defendant saving failed to appear and answer or demur to the Petition of the Plaintiff the same is taken as confessed and all and singular the premises being seen and fully understood by the Court, the Court finds the amount due to be $500 debt and also the sum of $95.72 for his damage 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.
Samuel S. Vinton Plaintiff
vs Civil Action
James H. Fagg Defendant
Now at this day comes the Plaintiff and it appears that the Defendant has been served with process and this action being founded upon a promissory note for 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 and all and singular the premises being seen and fully understood by the Court, the Court finds the amount due to be $302.51 for debt and $47.27 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said $302.51 for his debt and also the sum of $47.27 for his damages for all of which execution may issue together with costs and that this judgment bear 10% interest per annum.
p 372.
Samuel S. Vinton Plaintiff
vs Civil Action
William H. Frazier Defendant
Now at this day comes the Plaintiff and it appearing that the Defendant has been served with process and this action being founded on a promissory note for the direct payment of money and the award being ascertained thereby and the Defendant has failed to answer or demur to the petition of the Plaintiff the same is taken as confessed and all and singular the premises being seen and fully understood by the Court, the Court finds the amount due to be $171.71 debt and $28.29 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $171.71 for his debt and $28.29 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.
120
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 372.
Samuel S. Vinton Plaintiff
vs Civil Action
Samuel J. Whitlock Defendant
Now at this day comes the Plaintiff and it appearing that the Defendant has been served with process and the action being founded upon a promissory note for the direct payment of money thereby the amount is ascertained and the Defendant having failed to answer or demur to the petition of the Plaintiff the same is taken as confessed and all and singular the premises being seen and fully understood by the Court the Court finds the amount due to be $212.69 debt and $58.65 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $212.69 for his debt and $58.65 for his damages together with costs and for all which execution may issue and that this judgment bear 10% per annum.
p 373.
Ann E. Young Plaintiff
vs Civil Action
David Clagman, William G. Bagby Defendants
Now at this day comes the Plaintiff and it appearing that the Defendants have been served with process and this action being founded on a promissory note for the direct payment of money whereby the amount iS ascertained and the Defendants having failed to answer or demur to the petition of the Plaintiff the same is taken as confessed and all and singular the premises being seen and fully understood by the Court, the Court finds the amount due to be $125.40 debt and also the sum of $16.72 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendants the said sum of $125.40 for her debt and the sum of $16.72 for her damages together with all costs in this behalf laid out and expended for all which execution may issue and this judgment bear interest at 10% per annum.
p 373/374.
Ann E. Young Plaintiff
vs Civil Action
William H. Henslee, James S. McQuerter,
Warren H. Graves Defendants
Now at this day comes the Plaintiff and it appearing that the Defendants have been served with process and this action being founded on a promissory note for the direct payment of money whereby the amount is ascertained and the Defendants having failed to answer or demur to the petition of the Plaintiff the same is taken as confessed and all and singular the premises being seen and fully understood by the Court the Court finds that amount due to be $712.95 debt and $106.73 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants the said sum of $712.93 for her debt and also the sum of $106.73 for her damages together with all costs in this behalf laid out and expended for all which execution may issue and this judgment bear interest at the rate of 10% per annum.
p 374.
Ann Young Plaintiff
vs Civil Action
Lewis Lemay, William H. Hensley,
James S. McQuerter Defendants
Now at this day comes the Plaintiff and it appears that the Defendants have been served with process and this action being founded upon a promissory note for the direct payment of money whereby the amount is ascertained and the Defendants having failed to
(continued)
121
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 374 (cont)
answer or demur to the Petition of the Plaintiffs the same is taken as confessed and all and singular the premises being seen and fully understood by the Court, the Court find the amount due to be $245 debt and $39.81 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants the said sum of $245 for her debt and also $39.81 for her damages together with costs in this behalf laid out and expended for all which may issue and that this judgment bear 10% interest.
p 375.
William J. McDaniel Plaintiff
vs Civil Action
Joshua M. Bailey Defendant
Now at this day comes the Plaintiff and it appearing that the Defendant has been served with process and this action being founded on a note for the direct payment of money and the Defendant having failed to appear and answer or demur to the Petition of the Plaintiff the same is taken as confessed and all and singular the premises being seen and fully understood by the Court, the Court finds the amount due to be $204 for his debt and $31.30 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $204 for his debt and also the sum of $31.30 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 376.
Homer F. Fellows Plaintiff
vs Civil Action
John Hursh Defendant
Now at this day comes the Plaintiff and it appearing that the Defendant has been served with process and this action being founded upon 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 and all and singular the premises being seen and fully understood by the Court, the Court finds the amount due to be $1683.30 debt and $258.93 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $1683.30 debt and $258.93 damages for all of which execution may issue together with costs in this behalf laid out and expended and that this judgment bear interest at 10% per annum.
(attached note reads as follows:
I, James T. Hardin assignee of W.M. Shipley successor to Homer F. Fellows former assignee for and in consideration of the sum of six hundred dollars do transfer assign and convey to P.C. Morhizer a judgment of the Greene Circuit Court in favor of H.F. Fellows and against John Hursh rendered on the 11th day of August 1862 for $1683.30 debt and $258.93 damages and recorded in Book E page 376. Said Judgment having been sold to me on the 29th day of December 1867 by virtue of an order of the Circuit Court of Greene County made and entered of record on the 18th day of December 1869, in Book II page 776 at which sale said P.C. Morhizer was the highest bidder at and for the said sum of six hundred dollars.
Given under my hand this 29th day of December 1869
James F. Haden, Assignee of W.M. Shipley )
p 376/377.
Edward W. Bryan &
Addison L. Hardcastle
vs Civil Action
Samuel S. Vinton &
William C. Hornbeak Defendants
Now at this day comes the Plaintiff and dismisses as to William C. Hornbeak and it
(continued)
122
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E.
AUGUST TERM 1862
(p 376/377 cont. )
appearing that the Defendant S.S. Vinton has been served with process and this action being founded upon a promissory note for the payment of money whereby the amount on this ascertained and the Defendant having failed to appear and answer or demur to the petition of the Plaintiff the same is taken as confessed and all and singular the premises being seen and fully understood by the Court, the Court finds the amount due to be $512.51 debt and $45.72 damages. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendant Samuel S. Vinton the sum of $512.51 debt and $45.72 damages together with costs in behalf laid out and expended for all which execution may issue and that this judgment bear interest at the rate of 10%.
p 377.
John T. Raney Plaintiff
vs Civil Action
Benjamin W. Cannefax Defendant
Now at this day comes the Plaintiff and it appearing that the Defendant has been served with process and this action being founded upon a promissory note for the payment of money whereby the amount is ascertained and the Defendant having failed to answer or demur to the petition of the Plaintiff the same is taken as confessed and all and singular the premises being seen and fully understood by the Court, the Court finds the amount due to be $660 debt and $43.83 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the sum of $660 debt and also the sum of $43.83 for his damages for all which execution may issue and that this judgment bear 10% interest.
p 378. August 11, 1862.
State of Missouri Plaintiff
vs Indictment for Murder
A.J. Rice Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State in this behalf and the said Defendant being present in his own proper person and the Defendant files herein his affidavit stating that the Judge of the 14th Judicial Circuit is so prejudiced against him that he cannot have a fair trial in said Circuit and prays for a Change of Venue to another Circuit in the State of Missouri and all and singular the premises being seen and fully understood by the Court a Change of Venue is awarded in this cause to the County of Phelps in the 18th Judicial Circuit in the State of Missouri. It is therefore ordered by the Court that this cause be removed from this Court to the Circuit Court of Phelps and that the Clerk of the Court make out a full transcript of all the record and the proceedings in this cause including the order of removal the petition therefor and the recognizance of the witnesses and transmit them duly certified under the seal of this Court to the Clerk of the Circuit Court of Phelps County in the State of Missouri. It is further ordered by the Court that the Sheriff of this County convey the body of the Defendant to the part of the County of Phelps and deliver him to the Keeper thereof together with this order.
p 379.
Ordered by the Court that Court adjourn until tomorrow morning 8 o'clock.
L. Hendrick Judge
123
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 380. Tuesday, August 12, 1862.
Littleberry Hendrick Plaintiff
vs Civil Action by Attachment
Jabez Owen Defendant
The Judge of this Court being the Plaintiff in this cause, it is ordered that this cause be removed to the Probate and Common Pleas Court of the County of Greene and and State of Missouri. It is further ordered that the Clerk of this Court make out a full transcript of the record and proceedings in this cause and transmit them under the Seal of this Court to the Clerk of said Probate and Common Pleas Court.
John Richmond Plaintiff
vs Civil Action
William H. Blakey, Samuel Fulbright,
Thomas R. Bridges and James P. Gray Defendants
Now at this day comes the Plaintiff and it appearing that the Defendants James P. Gray and William H. Blakey have been served with process and that the other Defendants have been notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion being at least four weeks before the first day of the present term of this Court and this action being founded on a promissory note for the direct payment of money whereby the amount is ascertained and the Defendants having failed to answer or demur to Plaintiff's petition. The said is taken as confessed and all and singular the premises being seen and fully understood by the Court, the Court finds the amount due the Plaintiff to be $850 debt and $214.33 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $850 for his debt and the further sum of $214.33 for his damages together with costs and that he have execution therefor and that this judgment bear interest at the rate of l0% per annum.
p 381.
John B. Wilkerson Plaintiff
vs Civil Action
John Lair Defendant
Now at this day comes the plaintiff and it appearing that the Defendant has been notified of the commencement of this suit by publication in the Springfield Missourian a newspaper published in the State of Missouri for four weeks successively, the last insertion being at least 4 weeks before the first day of the present term of this Court and the foundation of this action being an account and the Defendant having failed to answer or demur to the petition of the Plaintiff, the same is taken as confessed and unless the Defendant appears at the next term of this Court and on or before the 6th day thereof shows cause to the contrary and inquiry having been had and final Judgment will be rendered against him for the amount found to be due and also costs.
Nancy Allen Plaintiff
vs Civil Action
William L. Hancock and John W. Hancock Defendants
Now at this day comes the Plaintiff and it appearing that the Defendants have been notified of the commencement of this suit by publication in the Springfield Missourian a newspaper published in the State of Missouri for four weeks successively the last insertion being at least four weeks before the first day of the present term of this Court and this action being founded on a promissory 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 and all and singular the premises being seen
(continued)
124
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1862
p 381 - cont.
and fully understood by the Court, the Court finds that the Defendants to be indebted to the Plaintiff in the sum of $1000 debt and $158 damages. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants the said sum of $1000 debt and also the sum of $158 damages together with costs in this behalf laid out and expended for all of which execution may issue and that this judgment bear interest at the rate of 10% per annum.
p 382.
Samuel M. Brown, admin. of estate
of Elisha E. Headlee & James B. Headlee Plaintiff
vs Civil Action
Ancel Lawson Defendant
Now at this day comes the Plaintiffs and it appearing that the Defendant has been served with process and this action being founded on a promissory note for 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 and all and singular the premises being seen and fully understood by the Court, the Court finds that the Defendants to be indebted to the Plaintiff in the sum of $2000 debt and $173.33 damages. It is therefore considered by the Court that Plaintiffs have and recover of and from the Defendant the said sum of $2000 debt and also the sum of $173.33 damages together with costs in this behalf laid out and expended for all of which execution may issue and that this judgment bear interest at the rate of 10% per annum.
James Eastham Plaintiff
vs Civil Action
John W. Brown Defendant
Now at this day comes the Plaintiff and it appearing the Defendant has been served with process and that this action being founded upon a promissory note for the direct payment of money whereby the amount is ascertained and the Defendant having failed to answer or demur to the petition of the Plaintiff the same is taken as confessed and all and singular the premises being seen and fully understood by the Court, the Court finds that the Defendant to be indebted to the Plaintiff in the sum of $206 Debt and $26 damages. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant the said sum of $206 debt and $26 damages together with costs in this behalf laid out and expended for all of which execution may issue and that this judgment bear interest at the rate of 10% per annum.
p 383.
Jason H. Lowe Plaintiff
vs Civil Action
J.W. Williams, John L. Davis, Jesse
Mankin & Nebun J. Cox Defendants
Now at this day comes the Plaintiff and it appearing that the Defendants have been personally served with process and this action being founded on a promissory 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 and all and singular the premises being seen and fully understood by the Court, the Court finds the Defendants to be indebted to the Plaintiff in the sum of $83.33 debt and $19.40 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendants the said sum of $83.33 for his debt and also the sum of $19.40 damages together with costs for which execution may issue and that this judgment bear,10% interest.
125
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