Springfield-Greene
County LibraryAugust Term 1863
Book F .
August 3, 1863.
p 1.
Be it remembered that at a regular term of the Greene Circuit Court began and held at the Court House in the City of Springfield, Greene County, Missouri, On the 1st Monday in August 1863, there was present:
The Hon. John S. Waddell, Judge of the 14th Judicial Circuit
J.A. Mack, Circuit Attorney
Thomas Reed, Sheriff of said County
Where and when the following proceedings were had viz: Now at this day comes the Sheriff and returns into Court the following venue janas for a pannel for Grand Jury: Chesley Cannefax who was appointed foreman, P.W. Rudd, H.L. Trentham, J.H. Caynor, T.J. Epperson, T.A. Mills, P.J. Nicholson, G.A. Dillard, J.W. Garton, A.B. Mathews, Jacob Neff, Thomas Rountree, John Harkness, W.J. Ward, George W. Thomas J.W. Gately, 0. Moore, William Cliburn, W.A. Appleby, nineteen good good and lawful men who being duly sworn and charged returned to consider of their presentments.
Now at this day comes J.F.Brown, Deputy Sheriff and files his resignation as such Deputy which is accepted.
Graves and Faulkner Plaintiff
vs
C.L. Stark Defendant
Now at this day comes the Plaintiffs by attorney and by leave of Court file their motion to strike out the answer of Defendant in this cause.
135
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F.
AUGUST TERM 1863
p. 1.
State of Missouri Plaintiff
vs Grand Larceny
William Japes, W.A. Campbell,
Eli Armstrong Defendants
Now at this day comes the Defendants by attorney and by leave of Court file their motion to quash the indictment in this cause.
p 2.
Thomas J.Bailey Plaintiff
vs Civil Action
John S. Kimbrough Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his demurer in this cause.
Bank of Missouri Plaintiff
vs Civil Action
C.S.Bodenhamer Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his answer in this cause.
Avy and Comstock Plaintiffs
vs Civil Action
S.S. Vinton Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion to quash the execution in this cause.
Bank of Missouri Plaintiff
vs Civil Action
W.S. Norfleet, B.H. Woodson
and Jas. Norfleet Defendants
Now at this day comes the Defendant, W.S. Norfleet, by attorney and by leave of Court files his answer in this cause.
Bank of Missouri Plaintiff
vs Civil Action
W.S. Norfleet, Jas. Norfleet,
B.H. Woodson, J.P. Shultz Defendants
Now at this day comes the Defendant, W.S. Norfleet, by attorney and by leave of Court files his answer in this cause.
Bank of Missouri Plaintiff
vs Civil Action
W.H. Henslee, admin of Jabez Owen
Deceased and W.S. Norfleet and James
Norfleet and B.H. Woodson Defendants
Now at this day comes the Defendant, W.S. Norfleet, by attorney and by leave of Court files his answer in this cause.
p 3.
Enders & Biglow Plaintiffs
vs Civil Action
S.S. Vinton Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion to quash the execution issued in this cause.
136
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F.
AUGUST TERM 1863.
p 3.
J.L. Wallace Plaintiff
vs Civil Action
R.B. Weaver Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion to quash the execution issued in this cause.
Bank of Missouri Plaintiff
vs Civil Action
James P. Gray, M.J. Hubble,
W.G. Gray & T.R. Bridges Defendants
Now at this day comes the Defendants, W.G. Gray & M.J. Hubble, by attorney and by leave of Court file their demurrer in this cause.
Bank of Missouri Plaintiff
vs Civil Action
J.B. White, E.T. Robberson and et al Defendants
Now at this day comes the Defendant, E.T. Robberson, by attorney, and by leave of Court files his demurrer in this cause.
Bank of Missouri Plaintiff
vs Civil Action
James W. Boren, James Raines & Miller Defendants
Now at this day comes the Defendant, James W.Boren, by attorney, and by leave of Court files his demurrer in this cause.
Bank of Missouri Plaintiff
vs Civil Action
J.W.Boren, James Raines & John E. Raines Defendants
Now at this day comes the Defendants, J.W.Boren and J.E. Raines, by attorney and by leave of Court file herein their demurrer in this cause.
Bank of Missouri Plaintiff
vs Civil Action
R.J. McElhaney, J.H.Boyd et al Defendants
Now at this day comes the Defendants, R.J. McElhaney and J.H.Boyd, by attorney and by leave of Court file herein their demurrer in this cause.
p 4. and p 5. Filing of motions various.
p 6. Filing of motions various.
p 7. 2nd day of term.
Court met persuant to adjournment.
Present Hon. John C. Price, Judge of 13th Judicial Circuit Court
J.A. Mack Circuit Attorney
M.J. Rubble Clerk
T.A. Reed Sheriff.
The said John C. Price being requested by Judge Waddell to hold said Court. More motions filed various.
137
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 7 2nd day of court.
Robert Forester Plaintiff
vs Civil Action
J.Creason and George Creason Defendants
Now at this day comes the Plaintiff and by leave of Court dismisses this suit. It is therefore considered by the Court that the Plaintiff take nothing by his suit, that the same be dismissed and that the Defendant have and recover of and from Plaintiff his costs laid out and expended and that he have an execution therefor.
F.E. Watterson Plaintiff
vs Civil Action
J. Leedy, A.J. Neaves, H.H. Neaves
and Thomas J. Neaves Defendants
Now at this day comes the Defendant, J. Leedy, and by leave of the Court files his demurrer in this cause.
p 8. Filing of pleas and motions various.
p 9.
Enders and Biglow Plaintiffs
vs Civil Action
S.S. Vinton Defendant
Now at this day the motion to quash the execution filed in this cause coming on to be heard and the Court being fully advised of and concerning the premises said motion is by the Court overruled.
Avery and Comstock Plaintiffs
vs Civil Action
S. S. Vinton Defendant
Now at this day the motion to quash the execution file in this cause coming on to be heard and the Court being fully advised of and concerning the premises said motion is by the Court overruled.
H.J. Lindenbower Plaintiff
vs Civil Action
John A. Miller Defendant
Now at this day the Plaintiff comes and by leave of Court dismisses his suit. It is therefore considered and adjudged by the Court that the Plaintiff take nothing by his suit and that the same be dismissed and that the said Defendant have and recover of and from said Plaintiff his costs laid out and expended and that he have an execution therefor.
J.W.D.L.F. Mack Plaintiff
vs Civil Action
R.W. Crawford Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this suit. It is therefore considered and adjudged by the Court that the Plaintiff take nothing by his said suit and that the Defendant have and recover of and from the Plaintiff his costs in this behalf and that he have an execution therefor.
C.W. & J.E. Bodenhamer admin
vs Civil Action
H. Jones, M.H. Frazier &
J.J. Hodges Defendants
Now at this day comes the Plaintiffs by attorney and by leave of Court dismisses this
(cont)
138
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F.
AUGUST TERM 1863
p 9 (cont.)
suit. It is therefore considered by the Court that the same be dismissed and that the Defendants have and recover of and from the Plaintiffs their costs in this behalf laid out and expended and that they have execution therefor.
p 10. 2nd day of Term
A.H. Hollingsworth Plaintiff
vs Civil Action
J.C.S. Huddleston Defendant
Now at this day comes the Defendant by Attorney and by leave of Court files his answerin this cause.
Ordered by the Court that Horan A. Hulehison be appointed assistant Circuit Attorney during the present term of this Court.
Ordered by the Court that the time of pleading be extended until two o'clock tomorrow pm.
State of Missouri Plaintiff
vs Disturbing Peace of Family
David Steel Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney and having announced themselves ready for trial, thereupon comes a Jury, vis: J.M. Stall, J.J. Gardner, Joel Philips, James Foldin, J.C. Franklin, Alsa Woodward, J. Cunningham, B.W. Henslee and J.S. Doren, twelve good and lawful men who being duly elected, tried and sworn to well and truly try the issue forthwith having heard the testimony and upon their oath say "We the Jury find the Defendant not guilty." It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs
Washington Davis Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he will not further prosecute. It is therefore considered by the Court that the same be dismissed, that the State take nothing by her said writ, that the Defendant be discharged hereof and go hence without day and that a fee bill issue.
p 11.
Motions filed
John L. McCraw vs J. Leedy, H.H. Neaves, A.G. Neaves & J.G. Neaves.
Henry Matlock vs J.S. Bigbee and S.C. Vaughn.
F.E. Watterson vs Josiah Leedy, et al.
Bank of Missouri Plaintiff
vs Civil Action
S.S. Vinton, W.C. Hornbeak, R.P. Faulkner Defendants
Now at this day comes the Defendants by attorney and by leave of Court file their motion to quash the execution issued in this cause and all and singular the premises being seen by the Court and fully understood, said motion is by the Court sustained and said execution quashed.
Bank of Missouri Plaintiff
vs Civil Action
S.S. Vinton, W.C. Hornbeak & J.M. Bailey Defendants
Now at this day comes the Defendants by attorney and by leave of Court file their motion to quash the execution issued in this cause and all and singular the premises being seen
(continued)
139
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 11 (cont)
and by Court fully understood said motion is by the Court sustained and said execution is by the Court quashed.
p 12. 2nd day.
Bank of Missouri Plaintiff
vs Civil Action
S.S. Vinton, W.C. Hornbeak,
Samuel Thomas Defendants
Now at this day comes the Defendants by attorney and by leave of Court file their motion to quash the execution of this cause and all and singular the premises being seen and by the Court fully understood, the said motion is by the Court overruled.
Other Motions Filed:
Bank of Missouri vs W.A. Campbell, R.B. Coleman & E.G. Paris admin.
Bank of Missouri vs E. Ebbert, J.D. Wooten & E.G. Paris admin.
Bank of Missouri vs William Hendrick, E. Headlee admin, George W. Hancock and Charles Haden.
Bank of Missouri vs E. Headlee admin, R.A. Abernathy and M.V. Small.
p 13.
Bank of Missouri Plaintiff
vs Civil Action
Thomas F. Layton & J.S. Kimbrough Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this Suit. It is therefore considered by the Court that the same be dismissed and that the Defendants have and recover of and from Plaintiff their costs laid out and expended and t hat they have execution therefor.
Bank of Missouri Plaintiff
vs Civil Action
W.S. Hughes, T.F. Layton &
J.S. Kimbrough Defendants
Now at this day comes the Plaintiff by attorney and says by leave of Court he will dismiss this Suit. It is therefore considered by the Court that the same be dismissed and that the Defendants have and recover of and from Plaintiff their costs laid out and that they have execution therefor.
Franklin and Graves Plaintiff
vs Civil Action
C.S. Mack Defendant
Now at this day comes the Plaintiff and by leave of the Court files a motion to strike out the answer of Defendant and all and singular the premises being seen and by the Court fully understood said motion is by the Court overruled.
Bank of Missouri Plaintiff
vs Civil Action
J.M. Richardson et al Defendants
Now at this day comes the parties by attorney and leave is given Defendant until Saturday 10 o'clock to plead in all cases where the Defendant is a party to an action.
p 14. 2nd day of Term.
E. Headlee public admin Plaintiff
vs Civil Action
William Fulbright and D.L. Fulbright Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court says he will
(continued)
140
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
2nd day of Term.
p 14 (cont)
dismiss this cause. It is therefore considered by the Court that the same be dismissed and that the Defendants have and recover of and from Plaintiff his costs in this behalf laid out and expended and that he have execution therefor.
Ordered by the Court adjourn until tomorrow morning 7 o'clock.
John C. Price.
Wednesday, August 5th 1863, 3rd day.
Court met pursuant to adjournment present as on yesterday.
F.E. Watterson Plaintiff
vs Civil Action
Josiah Leedy, A. G. Neaves,
N.H. Neaves & Thomas G. Neaves Defendants
Now at this day comes on to be heard the motion heretofore filed in this cause and all and singular the premises being seen and fully understood by the Court, said motion is by the Court sustained. The demurrer heretofore filed being also argued is by the Court overruled and leave given to Defendants till tomorrow morning 10 o'clock to plead in this cause.
p 14/15.
John L. McCraw Plaintiff
vs Civil Action
Josiah Leedy, Abel G. Neaves,
H.H. Neaves & Thomas G. Neaves Defendants
Now at this day comes on to be heard the motion heretofore filed in this cause. And all and singular the premises being seen and fully understood by the Court said motion is by the Court sustained the demurrer heretofore filed being argued is by the Court overruled and leave given Defendant till tomorrow morning 10 o'clock to plead in this cause.
p 15.
Hugh T. Hunt Plaintiff
vs Civil Action
Kernel H. J. Fairchild &
John Q. Winterstein Defendant
Now at this day comes the Defendant, Q. Winterstein, and by leave of Court files his answer in this cause.
Sheppard & Kimbrough Plaintiffs
vs Civil Action
John K. Murray Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court says he will dismiss this cause. It is therefore considered by the Court that this cause be dismissed and that the Defendants have and recover of and from Plaintiffs his costs in this behalf laid out and expended that they have execution therefor.
State of Missouri Plaintiff
vs Grand Larceny
James Hornr Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and says he is unwilling to further prosecute this cause. It is therefore considered by the Court that the State take nothing by her said writ and that Defendant go hence without day.
141
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 15.
State of Missouri Plaintiff
vs Felonious Assault
James P. Redfearn Defendant
Now at this day comes the Circuit Attorney who prosecutes On behalf of the State and by leave of Court continues this cause until the next term of this Court.
Bank of State of Missouri Plaintiff
vs Civil Action
W.H. Henslee, admin est Jabez Owen,
deceased, Henderson Jones, Marcus Boyd,
William H. Frazier & William L.
Thompson Defendants
Now at this day comes the Defendant, MarcusBoyd, by attorney and by leave of Court files his demurrer in this cause.
p 16.
Motions filed Various.
Bank of Missouri vs C.C. Parish, W.B. Roper and William S. Baxley.
Bank of Missouri vs David L. Fulbright, John L. Fulbright, William F. Roper.
Bank of Missouri vs Jacob Neff, Nimrod Ford, Ishmael Lee, J.A. Patterson, C.C. Parish. Vinton & Hornbeak vs Marcus Boyd.
Bank of Missouri vs Marcus Boyd, S.H.Boyd, R.B. Owen.
Bank of Missouri vs John H. Miller, Joseph M. Carthel, Sam S. Vinton.
p 17. Motions filed various.
Bank of Missouri vs John Lair, S.S. Vinton, John H. Miller.
Bank of Missouri vs J.B. Clark & Co., John Lair, H. Williams.
Bank of Missouri vs J.A. Patterson, J.H. Hight, C.C. Parish, G.W. Hight.
Bank of Missouri vs H. Sheppard, S.J. Whitlock, S.S. Vinton.
Bank of Missouri vs Jacob Neff, Nimrod Ford, Ishmeal Lea, J.A. Patterson, C.C. Parrish.
p 18. 3rd day Motions filed various.
Bank of Missouri vs F.J. Andrews, R.E.Blakey, T.C.Blakey, S.R. Larason, W.H.Blakey.
Bank of Missouri vs John Lainy
Bank of Missouri vs John H. Miller, F.S. Jones, S.S. Vinton
Bank of Missouri vs P.F. Denton, G.S. Mitchell, J.W. Mitchell, Jos. Mitchum & S.S. Vinton
State of Missouri vs William Thompson Felonious Assault.
State of Missouri vs William Thompson Felonious Assault.
p 19.
Stephen Dickens Plaintiff
vs Civil Action
Henry Tony Defendant
Now at this day comes JohnBanfield a garnishee in this cause and by leave of Court files his answer to Plaintiff's interrogation filed in this cause whereby he says he is indebted to said Defendant, Henry Tony, in the sum of $18Now due. It is therefore considered by the Court that the Plaintiff have and recover of and from said John Banfield the sum of $18 and that execution issue therefor.
Motions filed various.
Janus Atkisson and A.B.F. Acock admin vs John McElhanon
Henry Matlock vs John S. Bigbee and J.C. Vaughn
Franklin and Graves vs C.S. Starke
T. Tiller admin vs W.C. Price and M.Boyd.
142
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 20.
Ordered by the Court that the time of pleading be extended in all cases until 10 o'clock tomorrow.
T.C. Campbell admin Plaintiff
vs Civil Action
J.R. Ruggs and J.S. McQuerter Defendants
Now at this day comes the Defendants by attorney and by leave of Court file their answer in this cause.
J.R. Douglas Plaintiff
vs Civil Action
A.G.W. Jones Defendant
Now at this day comes the Plaintiff by attorney and says he will dismiss this suit. It is therefore considered by the Court that the same be dismissed and that the Defendant have and recover of and from Plaintiff his costs laid out and that he have execution therefor.
State of Missouri Plaintiff
vs
John Carter Defendant
Now at this day comes the Circuit attorney who prosecutes and the Defendant being thrice called comes not but makes default. And it appears to the satisfaction of the Court that Defendant John Carter entered in to a recoginance on the 5th day of April 1859 in the sum of $500 with James Lee and Shadrick Johnson as his securities to be void on condition that the said John Carter be and make his personal appearance before the Judge of the Greene County Circuit Court at the Court House in Springfield on the first Monday in August 1859 and ans to a Bill of Indictment preferred against him by the Grand Jury of Barry County, Mo., for felonious assault and not depart said Court without leave and the said James Lee and Shadrick Johnson also being thrice called and required toBring into Court theBody of said John Carter in obedience to their said recognizance come not but made default. It is therefore considered by the Court that said recognizance be forfeited to the State of Missouri and that a sciria facias be issued against tbe said John Carter, James Lee and Shadrick Johnson requiring them to be and appear before the Judge of our Greene County Circuit Court on the first day of the next term thereof which commences on the fourth Monday in January 1864 and show cause, if any there be, why judgment should not be rendered against them for the said Sum of $500 and costs of suit and execution issue therefor.
p 21.
Following orders and actions issued
State of Missouri vs H.H. Neaves -- felonious assault.
State of Missouri vs Peter Goff -- #1 Grand Larceny change of venue.
State of Missouri vs Peter Goff -- #2 Grand Larceny change of venue.
State of Missouri vs Peter Goff -- #3 Grand Larceny change of venue.
Thursday August 6th 1863.
Court met pursuant to adjournment. Present: Hon John S. Waddill, presiding as Judge of Court and the other officers of the Court.
p 22.
State of Missouri Plaintiff
vs Cruelty to Animals
Joseph Slakeley Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and
(continued)
143
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F.
AUGUST TERM 1863
p 22. (continued)
the Defendant being thrice called comes not but makes default and it appearing to the satisfaction of the Court that Defendant had entered into recognizance on the 21st day of May 1861 for the sum of $100 with J.W. Rainey as his security to be void on condition that the said Joseph Slakeley be and make his personal appearance before the Judge of our Greene Circuit Court to be held at the Court House in Springfield, Greene County, Missouri, on the first Monday in August A.D. 1861, then and there to answer a Bill of Indictment preferred against him by the Grand Jury of said County for Cruelty and mortally Wounding an Animal and not depart said Court without leave. The said J.W. Rainey being thrice called and required to bring into Court theBody of the said Joseph Slakeley in obedience to his said recognizance came not but made default. It is therefore considered by the Court that said recognizance be forfeited to the State of Missouri and that a sciria facies be issued to the said Joseph Slakeley and J.W. Rainey requiring them to appear before the Judge of our Greene Circuit Court on the first day of the next term which will commence on the fourth Monday in January 1864 and show cause if any they have why judgment shall not be rendered against them for the said sum of $100 and cost of suit and execution issue therefor.
p 22/23.
State of Missouri Plaintiff
Robbery
William A. Campbell Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant being thrice called comes not but makes default. And it appearing to the satisfaction of the Court that Defendant William A. Campbell on the 16th day of August 1862 entered into recognizance for the Sum of $500 with J.J. Weaver and B.A. Barrett as his securities to be void on condition that the said Campbell be and make his personal appearance before the Judge of our Greene Circuit Court at the next term thereof which will be held at the Court House in Springfield, Greene County, Missouri on the fourth Monday in January 1864 and on the first day thereof answer to an Indictment preferred against him by the Grand Jury of said County for Robbery and not depart said Court without leave and the said J.J. Weaver and B.A. Barrett being thrice called and required to bring into Court the body of the said William A. Campbell in obedience to said recognizance came not but made default. It is therefore considered by the Court that said recognizance be forfeited to the State of Missouri and that a sciria facies be issued to the said William A. Campbell, J.J. Weaver and B.A. Barrett requiring them to be and appear before the Judge of our Greene Circuit Court on the first day of the next term thereof which will commence on the fourth Monday in January 1864 at the Court House in Springfield, County and State aforesaid, 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 execution issue therefor.
p 23.
State of Missouri Plaintiff
vs Grand Larceny
Thomas C.Blakey Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant being thrice called comes not but makes default. And it appearing to the satisfaction of the Court that Defendant Thomas C.Blakey on the 16th day of February 1863 entered into recognizance in the sum of $500 with George D. Haden as his security to be void on condition that the said T.C.Blakey be and make his personal appearance before the Judge of our Greene County Circuit Court at a Court to be held at the Court House in Springfield, County and State aforesaid, commencing on the fourth Monday in January 1864 then and there to answer to a Bill of Indictment preferred
(continued)
144
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 22/23 (cont)
against him by the Grand Jury of said County for Grand Larceny and not depart said Court without leave and the said George D. Haden being thrice called and required to bring into Court the body of said Thomas C.Blakey in obedience to his said recognizance came not but made default. It is therefore considered by the Court that said recognizance be forfeited to the State of Missouri and a sciria facies be issued to said Thomas C.Blakey and George D. Haden requiring them to be and appear at the next term of the Greene Circuit Court at a Court to commence on the fourth Monday in January 1864 at the Court House in Springfield, County and State aforesaid, 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 execution issue therefor.
p 24. Aug 6th, 4th day of Term.
James Vaughan vs S.F. Jones, William J. McDaniel -- files answer.
James Atkinson and Benjamin F. Acock adm estate of R.E.Block deceased vs John McElhanon -- Replication.
John L. Wallace vs Ripley B. Weaver -- Plea in abatement. Horatia M. Parish vs William Roberts -- files plea.
Bank of State of Missouri vs John H. Miller, F.S. Jones admin of estate of W. Hackney,
and S.S. Vinton -- demurer
John L. McCraw vs Josiah Leedy, A.G. Neaves, H.H. Neaves & Thomas G. Neaves -- files ans.
p 25.
F.E. Watterson vs Josiah Leedy, A.G. Neaves, H.H. Neaves & Thomas J. Neaves. -- Files ans.
Henry Matlock, Sheriff Plaintiff
vs Civil Action
John S. Bigbee & Sol C. Vaughan Defendants
Now at this day comes to be heard the motion to strike out Defendant's answer heretofore filed in this cause and all and singular the premises being seen and fully understood by the Court, said motion is by the Court sustained to which ruling of the Court Defendant's attorney excepts.
State of Missouri Plaintiff
vs Solemnizing Matrimony Unlawfully
Edward Tatum Defendant
Now at this day comes the Circuit Attorney and asks that an alias sciria facies be issued against the Defendant in this cause which by the Court is granted.
Bank of Missouri vs John Lair and G.P. Shackleford Sheriff asked toBring into Court writ of attachment.
Bank of Missouri Plaintiff
vs Civil Action
Joseph Burden admin estate of
John A. Stephens Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court files his motion for a rule upon the Sheriff of Greene County to produce a Writ of Summons in this cause.
145
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
August Term 1863
p 26
Motions Actions filed.
Thomas Tiller admin vs William C. Price, Marcus Boyd -- answer filed.
Archileaus Vaughan vs James K. Horn, Charles A. Haden, William S. Wilkes -- answer filed.
Bank of Missouri vs B. Hardin, James T. Abernathy & Spillman and Daniel McLerea
Motion to quash.
Bank of Missouri vs James T. Abernathy, Hugh Boyd & John Boyd -- motion to quash.
State of Missouri vs William Gash -- felonious assault alias sciria facies issued.
John Mihall Plaintiff
vs Civil action
John Appleby Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court asks to dismiss this cause. It is therefore considered by the Court that this cause be dismissed and Defendant have and recover of and from Plaintiff his costs in this behalf laid out and expended and execution issue therefor.
p 27.
Actions and Motions:
Ann E. Young admin vs William S.Baxley -- Plaintiff files motion to amend
Bank of Missouri vs A.S. Layton, F.F. Layton and C.A. Haden -- files answer
Bank of Missouri vs A.S. Layton, F.F. Layton -- Files answer
Dabney C. Dade Plaintiff
vs Civil action
Michael Garroutte, David A. Smith,Amos P.
Thomas, Robert Shultz, I. Fountain, E. Britton,
George W.Britton & George Vanderpool Defendants
Now at this day comes the said Defendants and file their statement in writing verified by affidavit where they state that they are indebted to the Plaintiff in the sum of $310Now due and confess judgment in favor of said Plaintiff for the sum. It is therefore considered and adjudged by the Court that the said Plaintiff have and recover of and from said Defendant the said sum of $310 for his debt and also his costs in this behalf laid out and expended and that he have an execution therefor.
State of Missouri Plaintiff
vs
A.M. Goddard Defendant
Now at this day comes the Circuit Attorney who prosecutes and on his motion ordered that an alias sciria facias issue in this cause.
p 28.
Richardson Mutten & Co vs W.H. Hopes & W.B. Farmer -- files answer
H. King Plaintiff
vs Civil Action
John Jenkins and J.E. Hicks Defendants
Now at this day comes the Plaintiff by his attorney and suggests the death of J.E. Hicks one of the Defendants in this cause whereupon comes E. Headlee, public administration in charge of estate of deceased and enters his appearance in this cause.
146
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F.
AUGUST TERM 1863
p 28.
State of Missouri Plaintiff
vs Indictment
Peter Coble Defendant
Now at this day comes the Circuit attorney who prosecutes and on his motion an alias sciera facias is ordered to issue in this cause.
Richardson Mutten and Co Plaintiff
vs Civil Action
Farmer and Jopes Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court files his motion to strike out Defendant's answer filed in this cause.
State of Missouri Plaintiff
vs Gaming #1
Reuben E.Blakey, Millie Reed Defendants
Now at this day comes the Circuit Attorney and says that he will not further prosecute. It is therefore considered by the Court that the same be dismissed. That the State take nothing by her suit and that the Defendants be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Gaming #2
Reuben E.Blakey, Millie Reed Defendants
Now at this day comes the Circuit Attorney and says that he will not further prosecute. It is therefore considered by the Court that the same be dismissed. That the State take nothing by her suit and that the Defendants be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Gaming #3
Reuben E.Blakey, Millie Reed Defendants
Now at this day comes the Circuit Attorney and says that he will not further prosecute. It is therefore considered by the Court that the same be dismissed. That the State take nothing by her suit and that the Defendants be discharged hereof and go hence without day.
p 29.
City of Springfield Plaintiff
vs Appeal From Recorder's Court
T.M.Bailey Defendant
Now at this day comes the Plaintiff by attorney and says she will not further prosecute this suit. The same is by the Court ordered to be dismissed.
State of Missouri Plaintiff
vs Murder
Jacob Heck Defendant
Now at this day comes the Circuit Attorney who prosecutes and on his motion it is ordered that an alias capias issue in this cause.
State of Missouri Plaintiff
vs
A.M. Goddard Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he will not further prosecute this Suit. It is therefore considered by the Court that the same be dismissed,
(continued)
147
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F.
AUGUST TERM 1863.
p 29 (cont)
that the State of Missouri take nothing by her Writ and that the Defendant be discharged hereof and go hence without day.
p 30
State of Missouri vs John Jenkins Grand Larceny. Alias capias issued.
State of Missouri vs John Jenkins Grand Larceny. Scire facias to Ishmal Lea as
security on Bail Bond.
State of Missouri vs R.T. Nelson -- continued to next term.
State of Missouri vs William Maxfield -- Murder. Alias capias issued.
State of Missouri vs Susan King -- Under a peace warrant.
State of Missouri vs Henry Wilson -- Grand Larceny. Cause continued.
p 31.
State of Missouri Plaintiff
vs Selling Goods Without License.
M.B. Sadler & Wassal Defendants
Now at this day comes the Circuit Attorney who prosecutes and also Defendants by attorney and having announced ready for trial thereupon came a Jury, vis: J.M. Chandler, William Massey, J.B. Cox, H.R. Jarratt, Joseph Beal, Isaac Dyer, H. Hickman, F.W. Schotton, J.J.Bodenhamer, W.H. Whitlock, F. Evans, B.W. Henslee, twelve good and lawful men who being duly elected and sworn to try the issue formed, having heard the evidence and heard the instructions of the Court, upon their oath say: "We the Jury find the Defendant M.B. Sadler guilty and assess his fine at fifty dollars and we further find the Defendant Wassal not guilty in manner and form as charged." It is therefore considered by the Court that the State of Missouri have and recover of and from the said M.B. Sadler her said fine of fifty dollars and also her costs in this behalf and that she have execution therefor. And it is further considered by the Court that the State of Missouri take nothing by her suit against said Wassil and that he be discharged hereby and go hence without day.
p 32. 4th day of Term.
Now at this day comes the Grand Jury and return into Court three trueBills of indict ment which ordered to be filed and capias to issue on the same.
James M. Thompson admin Plaintiff
vs Civil Action
W.D. Hendricks & Mercer Moody Defendants
Now at this day comes J.F.Brown a garnishee in this cause by attorney and by leave of Court files his answer to Plaintiff's interrogations filed in this cause. And it is considered by the Court that said garnishee be allowed the sum of $5 as a fee for answering the same to be paid out of the funds in his hands.
State of Missouri Plaintiff
vs Grand Larceny #1
Peter Goff Defendant
Now at this day the application for a change of venue in this cause coming on to be heard, the said petition is granted and a change of venue awarded to the Circuit Court of Polk County, Mo., in the 7th Judicial Circuit. Said application is awarded on his written application verified by affidavit stating that the Judge of the 14th Judicial Circuit was so prejudiced against him that he could not have a fair trial.
148
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 32.
State of Missouri Plaintiff
vs Grand Larceny #2
Peter Goff Defendant
Now at this day the application for a change of venue in this cause coming on to be heard, the said petition is granted and a change of venue awarded to the Circuit Court of Polk County, Mo., in the 7th Judicial Circuit. Said application is awarded on his written application verified by affidavit stating that the Judge of the 14th Judicial Circuit was so prejudiced against him that he could not have a fair trial.
State of Missouri Plaintiff
vs Grand Larceny #3
Peter Goff Defendant
Now at this day the application for a change of venue in this cause coming on to be heard, the said petition is granted and a change of venue awarded to the Circuit Court of Polk County, Mo., in the 7th Judicial Circuit. Said application is awarded on his written application verified by affidavit stating that the Judge of the 14th Judicial Circuit was so prejudiced against him that he could not have a fair trial.
p 33.
State of Missouri Plaintiff
vs Grand Larceny #1
Peter Goff Defendant
Now at this day comes Peter Goff, Samuel S. Vinton and Robert J. McElhany who acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of $500 to beBond on the respective goods and chattels, lands and tenements to be void on condition that said Peter Goff shall be and make his personal appearance before the Judge of the Polk Circuit Court in the 7th Judicial Circuit of the State of Missouri on the first day of the next term thereof which will commence and be holden at the Court House in Bolivar, Polk County, Missouri, On the 5th Monday after the second Monday in September, next, and answer to a Bill of Indictment pending in said County against him by change of venue from the Greene Circuit Court for Grand Larceny and not depart said Court without leave.
State of Missouri Plaintiff
vs Grand Larceny #2
Peter Goff Defendant
Now at this day comes Peter Goff, Samuel S. Vinton and Robert J. McElhany who acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of $500 to beBond on the respective goods and chattels, lands and tenements to be void on condition that said Peter Goff shall be and make his personal appearance before the Judge of the Polk Circuit Court in the 7th Judicial Circuit of the State of Missouri on the first day of the next term thereof which will commence and be holden at the Court House in Bolivar, Polk County, Missouri, on the 5th Monday after the second Monday in September, next and answer to a Bill of Indictment pending in said County against him by change of venue from the Greene Circuit Court for Grand Larceny and not depart said Court without leave.
State of Missouri Plaintiff
vs Grand Larceny #3
Peter Goff Defendant
Now at this day comes Peter Goff, Samuel S. Vinton and Robert J. McElnany who acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum
(continued)
149
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 33 (cont)
of $500 to be Bond on the respective goods and chattels, lands and tenements to be void on condition that said Peter Goff shall be and make his personal appearance before the Judge of the Polk Circuit Court in the 7th Judicial Circuit of the State of Missouri on the first day of the next term thereof which will commence and be holden at the Court House in Bolivar, Polk County, Missouri, on the 5th Monday after the second Monday in September, next and answer to a Bill of Indictment pending in said County against him by change of venue from the Greene Circuit Court for Grand Larceny and not depart said Court without leave.
p 34.
Ordered that Court adjourn until tomorrow morning 8 o'clock. John S. Waddill Cir Jdge
Friday August 7th 1863
Court met pursuant to adjournment present as on yesterday.
State of Missouri Plaintiff
vs Selling Goods Without License
M.B. Sadler Defendant
Now at this day comes the Defendant by attorney and by leave of Court and files his motion for a new trial in this cause.
Ann E. Young admin of
John Young deceased Plaintiff
vs Civil Action
William S. Baxley Defendant
Now at this day comes on to be heard the motion heretofore filed in this cause to alter and amend the judgment in this cause so as to make said Judgment bear 10% interest per annum and if interest not paid annually then to be considered principal for same rate of interest as principal and all and singular the premises being seen and fully understood by the Court, said motion is by the Court sustained and it is considered by the Court that the Judgment be awarded accordingly and the amendment is so made by the Court.
State of Missouri Plaintiff
vs Felonious Assault
N.S. Richmond Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant in his own proper person and by attorney and on motion of Defendant and by entering into recognizance for $500 said cause is by the Court continued.
p 35 5th day of Court
T.J. Hooker vs Peter Goff files -- plea in abatement
State of Missouri vs L. Lopez -- Selling goods without license Cause continued.
State of Missouri vs E. Friebourg -- Selling goods without license Cause continued.
State of Missouri vs Josiah Leedy -- Robbery. Cause continued until next term
John S. Phelps vs J.J. Weaver admin -- Motion to quash.
Now at this day comes James H. Fagg by attorney and presents his statement verified by affidavit giving his reason for not appearing before the Court at the summons directed to him heretofore and all and singular the premises being seen and fully understood assessed against J.H. Fagg be and is hereby remitted.
150
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