Springfield-Greene
County LibraryAugust Term 1863
Book F
p 36.
State of Missouri Plaintiff
vs Disturbing the Peace
Josiah Leedy Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his affidavit for a continuation of this cause and all and singular the premises being seen and fully understood by the Court the said cause is continued until next term.
Bank of State of Missouri Plaintiff
vs Civil Action
William H. Frazier, George L.
Mitchell & John M. Richardson Defendants
Now at this day comes the Defendant John M. Richardson by attorney and by leave of Court files his demurer to this action.
State of Missouri Plaintiff
vs Selling Goods Without License
Charles Levi Defendant
Now at this day comes the Defendant in his own proper person and by attorney and throwing himself upon the mercy of the Court pleads guilty as charged in the Indictment. It is therefore considered by the Court that the Defendant be fined $50 and costs of suit. It is therefore considered by the Court that State of Missouri have and recover of and from Defendant the said sum of $50 and costs in this behalf laid out and expended and execution issue therefor and the Defendant be remanded into custody of the Sheriff until costs and fine are paid.
p 37.
Bank of Missouri Plaintiff
vs Civil Action
John Lair, Gabriel P. Shackleford Defendants
Now at this day comes on to be heard the motion heretofore filed asking for a rule on the Sheriff to produce the Writ of Attachment in this cause and all and singular the premises being seen and fully understood by the Court said motion is by the Court sustained. It is therefore ordered by the Court that the Sheriff produce said Writ of Attachment in this cause.
Bank of Missouri Plaintiff
vs Civil Action
Jos.Burden, Wade H,Burden,
E. Hadlee admin. Defendants
Now at this day comes the Plaintiff by attorney and the motion heretofore filed requiring the Sheriff to produce in Court the Writ of Summons coming on to be heard, said motion is by the Court sustained. It is therefore ordered by the Court that the Sheriff produce said Writ of Summons in this cause or show cause for not doing so.
State of Missouri Plaintiff
vs Felonious Assault
Charles Hamice Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he is unwilling to further prosecute this cause. It is therefore considered by the Court that the State of Missouri take nothing by her said Writ but suffer the same to be dismissed and that Defendant go hence without day.
151
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 37.
State of Missouri Plaintiff
vs Selling Goods Without License
William H. Worrell Defendant
Now at this day comes the Circuit Attorney who prosecutes and the Defendant in his own proper person and for a plea says he is guilty as charged in the Indictment. It is therefore considered by the Court that Defendant W.H. Worrell be fined $50 and that the State of Missouri have and recover of and fom Defendant the said sum of $50 as well as costs in this behalf laid out and expended and that execution issue therefor.
p 38. 5th day of Term.
State of Missouri Plaintiff
vs Grand Larceny
Thomas Housewrite Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he is unwilling to further prosecute this cause but suffers the same to be dismissed. It is therefore considered by the Court that the State take nothing by her said Writ and that Defendant go hence without day.
Bank of Missouri Plaintiff
vs Civil Action
Gabriel M. Freeman, J.C. Gardner, J.Q.
Appleby, J.A. Appleby adm, W.B. Freeman Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court files his interrogatories to R.B. Edmonson garnishee in this cause.
Bank of State of Missouri Plaintiff
vs Civil Action
John B. Clark Jr, Robert J.
McElhaney and S.H.Boyd Defendants
Now at this day comes the Plaintiff by leave of Court and dismisses this cause and leave is granted to withdraw the instrument sued on by leaving a copy. It is therefore considered and adjudged by the Court that the Defendants have and recover from the Plaintiff his costs in this behalf laid out and expended and execution issue therefor.
McHaffie and Trantham admin Plaintiff
vs Civil Action
J.H. Fagg, J.A. Gillespie and
C.S.Bodenhamer Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court withdraw the instrument sued on by leaving a coppy of the same. Now at this day comes the Grand Jury into Court and through their foreman returned into Court a Bill of Indictment. And having furtherBusiness, retired to consider of their presentments and said Indictment is by the Court ordered to be filed.
p 39.
Thomas J. Bailey Plaintiff
vs Civil Action
John S. Kimbrough Defendant
Now at this day comes on to be heard the demurer to Plaintiff petition heretofore filed in this cause which by the Court is overruled and leave given Defendant until Tuesday to plead in this cause to which ruling Defendant excepted.
152
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F.
AUGUST TERM 1863
p 39.
State of Missouri Plaintiff
vs Forfeiture Recognizance
William York Defendant
Now at this day comes the Circuit Attorney who prosecutes and on his motion a sciria facias is ordered to issue in this cause.
Henry King vs John Jenkins, James E. Hicks -- strike out amended answer.
William G. Gray vs William H.Blakey and James R. Gray -- files interrogatories.
p 40.
James R. Danforth Plaintiff
vs
N.F. Jones, G.M. Jones Defendants
Now at this day comes the Plaintiff and by affidavit shows to the Court that the Defendants cannot be summoned in this cause. It is ordered by the Court that the Defendants be notified by publication that an action has been commenced against them by petition and attachment in said Court founded on a promissory note against Defendants dated November 21st 1860, payable 12 months after date to the order of Samuel McClelland for the sum of $800 with interest from date at the rate of 10% per annum. Said note having since become the property of the Plaintiff by assignment and delivery. The Plaintiff claims judgment after allowing just credits and setoffs for the said sum of $800 and interest thereon according to the tenor and effect of said note. Also, that their property has been attached and unless they appear at the next term of the Court which will be held on the first Monday in January 1864 and on or before the third day thereof if the term shall so long continue, if not, then before the end of the Term and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and Judgment rendered against them and their proprty sold to satisfy the same. It is ordered further that this order be published in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court.
p 41. 5th day of Term
James Eastham Plaintiff
vs Civil Action
J.M. Barker, W.L. Hancock,
R.W. Crawford Defendants
Now at this day comes the Plaintiff by his attorney and by leave of Court files his interrogatories in this cause to J.H. Gibson a garnishee in this cause.
W.H. Graves admin
James Burns, deceased Plaintiff
vs
Thomas J. Weaver Defendant
Now at this day comes the Plaintiff by attorney and no cause appearing why the interlocutory judgment rendered at the last term of Court in this cause should be set aside, the Court setting as a Jury and having heard the testimony adduced by Plaintiff doth find that Defendant is indebted to the Plaintiff in the sum of $76.80 debt and $4.60 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs in this behalf laid out and expended and that he have an execution therefor.
State of Missouri Plaintiff
vs Felonious Assault
N.S. Richmond Defendant
Now at this day comes N.S. Richmond, Joseph Oneal and Jabez R. Townsend who acknowledge
(continued)
153
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 41 (cont)
themselves to owe and stand indebted to the State of Missouri in the sum of $900 to be levied of their goods and chattels, lands and tenements to be void on condition that the said N.S. Richmond shall be and make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield on the first day of the next term thereof which will be began and held on the fourth Monday in January 1864 and then and there answer to a Bill of Indictment preferred against him by the Grand Jury of Greene County for a felonious assault and not depart said Court without leave.
Ordered that Court adjourn until tomorrow morning 8 o'clock.
John S. Waddill Cir Jdge
p 42. August 8th 1863.
Court met pursuant to adjournment. Present Hon. John C. Price, Judge of the 13th Judicial Circuit. Other officers as on yesterday.
Bank of State of Missouri Plaintiff
vs Civil Action
A.S. Layton, Thomas F. Layton,
Charles A. Haden Defendants
Now at this day comes the Plaintiff and by leave of Court files his demurer to Defendants answer in this cause.
Bank of State of Missouri Plaintiff
vs Civil Action
William H. Frazier, Sample Orr,
John M. Richardson Defendants
Now at this day comes the Defendants, Sample Orr and John M. Richardson, by attorney and by leave of Court files their demurer to Plaintiff's petition in this cause.
Giles F. Filley Plaintiff
vs Civil Action
James M. Wilson Defendant
Now at this day comes the Defendant in this cause and by the Court is granted leave until Monday 2 o'clock to plead in this cause.
Eli G. Paris admin debonis non
on estate of John Young deceased Plaintiff
vs Civil Action
John S. Phelps Defendant
Now at this day comes the parties by their attorneys and by consent of Counsell this cause is continued until the next term of this Court.
Joseph J. Weaver vs John S. Phelps Defendant -- files demurer.
p 43.
John S. Waddill & John H. Caynor Plaintiffs
vs Civil Action
John H. Miller Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that the Defendant, John H. Miller, has been duly served with process and this action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find upon an examination of the same that Defendant is indebted to Plaintiffs in the sum of $200 debt and $33.33 damage and the
(continued)
154
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 43 (cont)
Defendant having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendant his said debt and damage together with his costs laid out and expended in this behalf and that execution issue therefor and that this Judgment bear interest at the rate of 10% per annum.
McElhaney Haggard & Co Plaintiffs
vs Civil Action
Henry Toney Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant, Henry Toney, has been duly served with process and this action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find on an examination of the same that Defendant is indebted to Plaintiff in the sum of $135.13 debt and $9 damage, and the Defendant having failed to plead, answer or demur to Plaintiff's petition, the same is taken as confessed. It is therefore considered by the Court that the Plaintiff have and recover of and from the defendant his said debt and damage together with his costs laid out and expended in this behalf and that execution issue therefor and that this Judgment bear interest at the rate of 10% per annum.
p 43/44.
Robert J. McElhaney, Clement Haggard,
Horace Saunders Plaintiffs
vs Civil Action
Meredith N. Carter Defendant
Now at this day comes the Plaintiffs by attorney and if appearing to the satisfaction of the Court that the Defendant, Meredith N. Carter, has been duly notified by publication in the Springfield Missourian, as the law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and the same being founded on a promissory note signed by Defendant and the amount ascertained whereby the Court doth find on an examination of the same that Defendant is indebted to the Plaintiffs in the sum of $196.55 debt and $13.12 damage. It is therefore considered by the Court that Plaintiffs have and recover of and from Defendant his said debt and damage as well as his costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: the SF 1/4 of Section 11 Township 28 Range 23. The SE 1/4 of SW 1/4 Section 12 Township 28 Range 23. The S 1/2 of SW 1/4 Section 13 Township 28 Range 23 and that all or so much thereof as is necessary be sold to satisfy said execution and that this Judgment bear 10% interest.
p 44.
McElhaney, Jaggard & Co. Plaintiff
vs Civil Action
John D. Brown Defendant
Now at this day comes the Plaintiff by attorney and not appearing to the satisfaction of the Court that the Defendant John D. Brown has been duly served with process as the Law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find on an examination of the same that the Defendant is indebted to Plaintiffs in the sum of $79.08 debt and $27.70 damages. It is therefore considered by the Court that Plaintiffs have and recover of and from the Defendant his said debt and damage as well as his costs in this behalf laid out and expended and that execution issue therefor and that this judgment bear interest at the rate of 10% per annum.
155
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 44/45.
William J. McElhaney and
Clement Jaggard Plaintiffs
vs Civil action
William S. Wilkes Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that the Defendant has been duly notified by publication in the Springfield Missourian as the law directs and having failed to plead, answer or demur to the Plaintiffs petition the same is taken as true and the same being founded on two promissory notes signed by the Defendant and the amount ascertained whereby the Court doth find on an examination of the same that the Defendant is indebted to the Plaintiffs in the sum of $170.56 debt and $11.34 damage. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendant his said debt and damage as well as his costs in this behalf laid out and expended and that a special fi fa issue to Christian County against the following described real estate, viz: W 1/2 of NE 1/4 Sect 39 Twp 28 Range 21 containing 80 acres and also that a special fi fa issue to Greene County against the following real estate, viz. NE 1/4 of SW 1/4 of SW 1/4 Sect 26 Twp 28 Range 21 and NE 1/4 of SE 1/4 Sec 27 Twp 28 Range 21 and that all or so much thereof as is necessary be sold to satisfy said execution.
p 45/46.
Robert J. McElhaney, Clement
Jaggard & Horace Saunders Plaintiffs
vs Civil Action
John N. Campbell & Leonidas Campbell Defendants
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified by publication in the Springfield Journal as the law directs and having failed to plead, answer or demur to the Plaintiffs petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money signed by the Defendants and the amount ascertained whereby the Court doth find on an examination of the same that the Defendants are indebted to the Plaintiffs in the sum of $508.98 debt and $237.54 damages. It is therefore considered by the Court that the Plaintiffs have and recover of and from Defendants their said debt and damage as well as their costs in this behalf laid out and expended and that a special fi fa issue against the following described real estate, Viz: beginning at the SW corner of Sect 24 Twp 29 Range 22, thence East 54 poles. 69 poles 2 links, thence West 54 poles, thence 69 1/2ples 2 links containing 23.30 acres and including Campbell's Addition to Springfield being numbered in lots from 1 to 39 inclusive, except lot No 15 sold to George C. Lee also the SW 1/4 of Sect 25 Twp 29 Range 22, except 13 1/3 acres in the SW corner of said 1/4 Sect and except a slip 26 rods wide off of the East of said 1/4 Sect. Also, beginning on the South side of the first East and West alley South of Public Square and on East side of Main South Street, thence East with said alley 117 1/2 feet, thence South 25 feet, thence West 117 1/2 feet, thence North 25 feet to the place of beginning being part of Block 14 Lot 44, second tier of lots town plat of Springfield, Missouri, and that all or so much thereof as is necessary be sold to satisfy said execution.
p 46.
McElhaney & Jaggard Plaintiffs
vs Civil Action
Meredith N. Carter Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that the Defendant has been duly notified by publication in the Springfield Missourian as the law directs and having failed to plead, answer or demur to the
(continued)
156
GREENE COUNTY MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 46 (continued)
Plaintiff's petition the same is taken as confessed and the same being founded on a promissory note for the direct payment of money, whereby the Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiffs in the sum of $83.91 debt and $40.95 for his damage. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendant their said debt and damage as well as his Costs in this behalf laid out and expended and that a special fi fa issue against the following described real estate, viz: the SE 1/4 Sect 11 Twp 28 Range 23, the SE 1/4 of SW 1/4 Sec 12 Twp 25 Range 23, the S 1/2 of SW 1/4 Sec 13 Twp 28 Range 23, and that all or so much thereof as is necessary be sold to satisfy said execution.
p 46/47.
Robert J. McElhaney, Clement
Jaggard & Horce Saunders Plaintiffs
vs Civil Action
John E. Newton Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that the Defendant John E. Newton, has been duly served with process and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed, and this action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find on an examination of the same that the Defendant is indebted to the Plaintiffs in the sum of $219.94 for his debt and $14,66 for his damages. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendant their said debt and damage and that execution issue therefor and that this judgment bear interest at the rate of 10% per annum.
p 47.
Robert J. McElhaney, Clement
Jaggard & Horace Saunders Plaintiffs
vs Civil Action
Leonidas A. Campbell Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that the Defendant, Leonidas A. Campbell, has been duly notified by publication in the Springfield Journal as the law directs and having failed to plead, answer or demur to Plaintiffs petition and the same being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find on an examination of the same that the Defendant is indebted to the Plaintiffs in the sum of $204.75 debt and $54.54 damages. It is therefore considered by the Court that Plaintiffs have and recover of and from the Defendant their said debt and damage and that a special fi fa issue against the following described real estate, viz: beginning at the SW corner of Section 24 TWP 24 Range 22, thence East 54 poles, thence South 69 poles 2 links, thence West 54 poles, thence South 69 poles 2 links containing 23.30 acres and included in Campbell's Addition to Springfield numbered in Lot from 1 to 39 inclusive except Lot No 15 sold to George C. Lee. Also, SW 1/4 Sect 25 in TWP 29 Range 22 except 13 1/3 acres in the SW corner of said 1/4 Sect and except also a slip 26 rods wide off the East side of said 1/4 Section. Also, beginning on the South side of the first East and West alley South of Public Square in Springfield 127 1/2 feet from said Square and on East side of Main South Street thence East with said alley 117 1/2 feet, thence South 25 feet, thence West 117 1/2 feet, thence North 25 feet to beginning, being part ofBlock 14, Lot 44, 2nd tier of Lots according to Plat of said town of Spring field, and that all or so much thereof as is necessary be sold to satisfy said execution.
157
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 48.
Robert J. McElhaney and Clement Jaggard Plaintiffs
vs Civil Action
John D. Brown Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that the Defendant, John D. Brown, has been duly served with process and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money and the amount being ascertained whereby the Court doth find on an examination of the same that Defendant is indebted to the Plaintiff in the sum of $85.99 debt and $41.89 damages. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendant their said debt and damage and that execution issue therefor and that this judgment bear interest at the rate of 10% per annum.
Elisha Headlee, adm of estate
of Stephen Dorrell, deceased Plaintiffs
vs Civil Action
George W. Dorrell Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant has been duly notified by publication in the Springfield Journal and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on two promissory notes for the direct payment of money and the amount ascertained whereby the Court doth find on an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $3147.80 debt and $262.24 damages. It is therefore considered by the Court that the Plaintiffs have and recover of and from Defendant his said debt and damage as well as his costs in this behalf laid out and expended and that a special fi fa issue against the following real estate, viz: East 1/2 SE 1/4 SW 1/4 of SE 1/4 and SE 1/4 of NE 1/4 Sect 32 TWP 30 Range 24. Part of SW 1/4 of SW 1/4 of Sect 33 TWP 30 Range 24 and that all or so much thereof as is necessary be sold to satisfy said execution.
p 49.
Elisha Headlee, admin on estate
of A.H. Mathes, deceased Plaintiff
vs Civil Action
William G. Grant and William Perry Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant, William Perry, has been duly served with process and that the Defendant, William G. Grant, has been duly notified by publication in the Springfield Journal as the law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed. And this action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find that the Defendant is indebted to Plaintiff in the sum of $42.50 debt and $12.42 damages. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendant their said debt and damage and that execution issue therefor and that this judgment bear interest at the rate of 10% per annum.
Elisha Headlee public admin of
Greene County, Mo., having in charge
the estate of William Parrish, deceased Plaintiff
vs Civil Action
John T. Hardin Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant, John T. Hardin, has been duly notified by publication
(continued)
158
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 49 (continued)
in Springfield Missourian as the Law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on two promissory notes for the direct payment of money and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted to Plaintiff in the sum of $77.78 debt and $32.73 damages. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his debt and damage as well as his cost in this behalf laid out and expended and that execution issue therefor and that this judgment bear interest at the rate of 10% per annum.
p 50.
Charles Sheppard & Joseph B. Kimbrough Plaintiffs
vs Civil Action
John H. Miller Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant has been duly notified by publication in the Springfield Journal and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for direct payment of money and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted to Plaintiff in the sum of $141.46 debt and $64.42 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage as well as his costs in this behalf laid out and expended and that execution issue therefor and that this judgment bear 10% interest per annum.
Benjamin Kite Plaintiff
vs Civil Action
Herman Foster Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant has been duly served with process and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the payment of money and the amount ascertained whereby the Court doth find on an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $136 debt and $2.80 damages. It is ther fore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damages as well as his costs in this behalf laid out and expended and that execution issue and that this judgment bear 10% interest per annum.
p 50/51.
James Vaughan Plaintiff
vs Civil Action
Fidelio S. Jones and William J. McDaniel Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been duly served with process and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find on an examination of the same that the Defendants are indebted to Plaintiff in the sum of $250 debt and $64.59 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damages as well as his costs in this behalf laid out and expended and that execution issue and that this judgment bear 10% interest per annum.
159
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 51.
Samuel S. Gott Plaintiff
vs Civil Action
Joanah L. Jessup and Smith W. Jessup Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been duly served with process and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find on an examination of the same that the Defendants are indebted to Plaintiff in the sum of $150 debt and $39.75 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damages as well as his costs in this behalf laid out and expended and that execution issue and that this judgment bear 10% interest per annum.
p 51/52.
Nancy Davis Plaintiff
vs Civil Action
Newlin A. Davis Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant has been duly notified by publication in the Springfield Journal as the Law directs and having failed to plead, answer or demur to the Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted to Plaintiff in the sum of $444.56 debt and $141.82 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant her said debt and damage as well as her costs in this behalf laid out and expended and that a special fi fa issue against the following real estate, to wit: W 1/2 of Lot No 1 NW fractional 1/4 and E 1/2 Lot Mo. 1 NW fractional 1/4 Sect 1 TWP 29 Range 22 and that all or so much thereof as is necessary be sold to satisfy said execution.
p 52.
Thomas Tiller, admin pendentiliti
an estate of John Adams, deceased Plaintiff
vs Civil Action
Samuel B. Frank, Pascal McMin,
William A. Huff & M.P. Henslee Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been served with process as the Law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find in an examination of the same that the Defendants are indebted to Plaintiff in the sum of $766.70 debt and $185.12 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damages as well as his costs in this behalf laid out and expended and that execution issue and that this judgment bear 10% interest per annum.
p 52/53.
Granville Vaughan Plaintiff
vs Civil Action
John H. Miller Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant has been duly served with process and having failed to
(continued)
160
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 52/53 (continued)
plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money and the amount being ascertained whereby the Court doth find on an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $128.12 debt and $23.46 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damages as well as his costs in this behalf laid out and expended and that execution issue and that this judgment bear 10% interest per annum.
p 53.
Peter B. Bodenhamer Plaintiff
vs Civil Action
David Wolf & Benjamin A. Stone Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Defendant David Wolf, and it appearing to the satisfaction of the Court that the Defendant had been duly served with process and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find on an examination of the same that the Defendants are indebted to Plaintiff in the sum of $229 debt and $38.16 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damages as well as his costs in this behalf laid out and expended and that execution issue and that this judgment bear 10% interest per annum.
p 53/54.
Greene Austin Plaintiff
vs Civil Action
Eli F. Graham & James M. Graham Defendants
Now at this day comes the Plaintiff by attorney and dismisses his suit as to Eli F. Graham and it appearing to the satisfaction of the Court that the Defendant, James N. Graham, has been duly served with process and having failed to plead, answer or demur to Plaintiff's petition the same iS taken as confessed and this action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find on an examination of the same that the Defendant, James M. Graham, is indebted to the Plaintiff in the sum of $120 debt and $15.40 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damages as well as his costs in this behalf laid out and expended and that execution issue and that this judgment bear 10% interest per annum.
p 54.
William A. Campbell Plaintiff
vs Civil Action
Nimrod Ford Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant, Nimrod Ford, has been duly served with process and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and the action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find on an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $165 debt and $37.13 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damages as well as his costs in this behalf laid out and expended and that execution issue and that this judgment bear 10% interest per annum.
161
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 54.
Thomas F. Fellows Plaintiff
vs Civil Action
James S. Mcquerter & John J. Mcquerter Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendantw have been duly served with process and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find on an exam of the same that Defendants are indebted to Plaintiff in the sum of $151.25 debt and $9.23 damage. It is therefore considered by the Court the Plaintiff have and recover of and from the Defendants his said debt and damages as well as his costs in this behalf laid out and expended and that execution issue and that this judgment bear 10% interest per annum.
p 55.
Lewis A.D. Crenshaw Plaintiff
vs Civil Action
William A. Campbell, Eli
Armstrong & William H. Jopes Defendants
Now at this day comes the Defendants, Eli Armstrong and William H. Jopes, and by leave of Court file their answer in this cause.
Bank of Missouri Plaintiff
vs Civil Action
William Hendrick, Eli Headlee admin
George W. Hansack & Charles A. Haden Defendants
Now at this day comes the Defendants by attorney and by leave of Court file their amended answer in this cause and leave is granted Defendants until Tuesday 2 o'clock to plead.
Polly W. Steel Plaintiff
vs Civil Action
John W. Steel Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his answer and crossbill in this cause.
John Edwards, admin Plaintiff
vs Civil Action
J.H. Miller, J.S. Bigbee, et al Defendants
Now at this day comes the Plaintiff by attorney and by leave of the Court says he will take a nonsuit in this cause and suffer the same to be dismissed. It is therefore considered by the Court that the same be dismissed and that the Plaintiff have and recover of and from Defendants their costs in this behalf laid out and expended and that they have execution therefor.
Aaron A. Nutt Plaintiff
vs Civil Action
Charles L. Stark Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his petition to set aside the sale of real estate sold under an execution at this term of Court.
162
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 55.
State of Missouri Plaintiff
vs Civil Action
Thomas Housewrite Defendant
Now at this day the Defendant appears in his own proper person and by attorney and is arraigned and for a plea says he is not guilty.
Ordered by the Court adjourn until Monday morning 8 o'clock.
p 56. Monday August 10 1863
Court met pursuant to adjournment. Present and presiding Hon. J.S. Waddill, Judge 14th Judicial Circuit with other officers Court present.
Bank of Missouri Plaintiff
vs Civil Action
Jarvis M.Barker, Thaddius
Sharpenstein & William Christian Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to Jarvis M.Barker and it appearing to the satisfaction of the Court thatthe Defendants had been duly served by publication as the Law directs and that an attachment had been issued on tbe 23rd day of May 1863 and levied on the following real estate of Defendant T. Sharpenstein on the 4th day of June 1863, viz: Lots 1,2,3,4,5 & 6 Block 3 First Addition Marshfield, Lot 6 NE 1/4 Sect 4 Lot 6 NW 14 Sect 3 W 1/2 Lot 5 SW 1/4 and W 1/2 Sec 3 and E 1/2 Lot 5 NW fcl 1/4 Sec 5 all in TWP 29 Range 19, also the undivided interest of E1/2 SE1/4 Sec 35. The SW 1/4 SW 1/4 Sec 36 all in TWP 30 of Range 19. And the said Defendants havingfailed to plead, answer or demur to Plaintiffs petition the same is by the Court taken as true. The same being founded on an instrument of writing for the direct payment of money signed by the Defendants. The Court from an examination of the same doth find that the Defendants are indebted to the Plaintiff in the sum of $1034 for debt and also the sum of $137.51 damage. It is therefore considered by the Court the Plaintiff have and recover of and from the Defendants his said debt and damage as well as his costs in this behalf laid out and expended and that have a special execution against T. Sharpenstein and for the sale of the land attached and a general execution against William Christian.
p 56/57.
Bank of Missouri Plaintiff
vs Civil Action
Richard B. Coleman, Dewit C.
Smith & William A. Campbell Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that on the 22nd day of May 1863 an attachment issued in this cause against the Defendants, D.C. Smith and W.A. Campbell and that on the 18th day of June 1863 the sum was levied on the following real estate of said Smith and Campbell viz: NE 1/4 SE 1/4 NW 1/4 SE 1/4 SW 1/4 SE 1/4 SE 1/4 SE 1/4 all in Section 26 Township 29 Range 22. Also Lots 1,2 & 7 Block I and Lots 8,9,10,15 and 16 Block 4 in Fair Ground Addition to Springfield, Mo., as this property of W.A. Campbell and the S 1/2 N 1/2 Lot 11Block 1 in the City of Springfield and the undivided interest of D.C. Smith in E 1/2 W 1/2 Lot 4 NE fcl 1/4 Lot 2 NE fcl 1/4 Lot 4 NE fcl 1/4 W 1/2 Lot 3 NE fcl 1/4 Lot 4 NW fcl1/4 E 1/2 Lot 3 NW fcl 1/4 Sect 1 and E 1/2 Lot 3 NE fcl 1/4 and W 1/2 Lot 5 NE fcl 1/4 and E 1/2 Lot 4 NE fcl 1/4 Sect 2. E 1/2 NW 1/4 & W 1/2 SE 1/4 E 1/2 SW /14 Sect 12 all in Township 29 Range 22. And it further appearing that said Defendants had been duly served with process as the Law directs and the said Defendants having failed to plead, answer or demur to Plaintiff's petition the same is taken as true. And the same being founded on an instrument of writing for the direct payment
(continued)
163
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 56/57 (cont)
of money signed by Defendants. The Court doth find from an examination of the same that the Defendants are indebted to Plaintiff in the sum of $1600 debt and also the sum of $261.23 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendants the said debt and damage and also costs laid out and expended and that she have a special execution to sell the land attached of Smith and Campbell and a general execution issued as to Coleman.
p 57.
Bank of Missouri Plaintiff
vs Civil Action
William H. Frazier, George L.
Mitchell & James A. Fagg Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to G.L. Mitchell and it appearing to the satisfaction of the Court that the Defendants, W.H. Frazier and J.H. Fagg, had been duly served with process and having failed to plead, answer or demur to Plaintiffs petition the same is taken as true and the same being founded on an instrument of writing for the direct payment of money signed by Defendants and the amount ascertained whereby the Court doth find from an examination of the same that the Defendants are indebted to Plaintiffs in the sum of $250 for debt and also $43.75 for damage. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendants his said debt and damage and also costs laid out and expended and that she have execution therefor.
p 57/58.
Bank of Missouri Plaintiff
vs Civil Action
William H. Blakey John H. Miller &
Thomas C. Bailey Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to T.C. Bailey and it appearing to the Court that the Defendants, W.H. Blakey and John H. Miller had been duly served with process and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and the same being founded on an instrument of writing for the direct payment of money, signed by Defendants and the amount ascertained thereby the Court doth find from an examination of the same that the Defendants are indebted to Plaintiff in the sum of $206.17 debt and also $27.12 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt damage and costs laid out and expended and that she have an execution therefor.
p 58.
Bank of Missouri Plaintiff
vs Civil Action
Meredith M. Carter, William J.
McDaniel, A.C. Bradley Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that on the 22nd day of May 1863 an attachment was issued against Defendant, N.N. Carter, and on the 21st day of May 1863 the same was levied on the following real estate of Carter viz: the SE 1/4 of Sect 11 TWP 28 Range 23, the SE 1/4 Sect 12 TWP 28 Range 23, the S 1/2 of SW 1/4 Sect 13 TWP 28 Range 23 and it appearing to the satisfaction of the Court that the Defendants had been duly served with process and having neither plead, answered or demur to Plaintiff's petition and the same being founded on an instrument of writing, for the direct payment of money, signed by the Defendants and the amount ascertained thereby
(continued)
164
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 58 (cont)
the Court from an examination of the same doth find that the Defendants are indebted to Plaintiff in the sum of $100 debt and $14.20 damage by way of interest $4 damages for nonpayment. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendants his said Debt, interest and damage and also costs of suit and that she have a special execution against said Carter to sell the real estate attached and a general execution as to Defendants, W.J. McDaniel and A.C.Bradley.
p 58/59.
Bank of Missouri Plaintiff
vs Civil Action
Louisa T. Campbell, Leonidas A.
Campbell, John H. Miller Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Leonidas A. Campbell and John H. Miller and it appearing to the Court that an attachment was issued in this cause on the 21st day of May 1863 and on the 27th May and I June 1863 was by the Sheriff levied on the following real estate, viz: beginning 60 feet South NE corner SE 1/4 Sect 23 TWP 29 Range 22, thence South 65/100 rods, thence East 71 rods, thence North 24 65/100 rods, thence West 71 rods to a beginning running North 5 45/71 rods thence 71 rods West 5 45/100 rod South then 71 rods East also E1/2 SW 1/4 and the SE 1/4 and the SW1/2 SW 1/4 Sect 24 TWP 29 Range 22. And it appearing to the satisfaction of the Court that the Defendant had been duly served with process as published as the Law requires four weeks before the first day after the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition, and being founded on an instrument of writing for the direct payment of money, is taken as true and the Court from an examination of the instrument sued on doth find that the Defendant is indebted to Plaintiff in the sum of $1800 Debt. Also $292 damage by way of interest and $72 damage for nonpayment of the sum. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendants the said debt and damages and that a special fi fa issue against Louisa T. Campbell to sell the property attached.
p 59.
Bank of Missouri Plaintiff
vs Civil Action
William H. Blakey, John H. Miller,
T.C. Blakey Defendants
Now at this day comes the Plaintiff attorney and by leave of Court dismisses this cause as to T.C. Blakey. And it appearing to the satisfaction of the Court that the Defendants, M.H. Blakey and John H. Miller had been duly served with process more than 15 days before the present term of this Court and having failed to plead, answer or demur to the Plaintiff's petition and the same being founded on an instrument of writing for the direct payment of money signed by the Defendant and the amount ascertained therefore the Court doth find from an examination of the same that the Defendants are indebted to Plaintiff in the sum of $250 for debt and $27.08 damage by way of interest and $10 damage for nonpayment of same. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants her said debt and damage and also her costs laid out and expended and that she have an execution therefor.
p 59/60.
Bank of Missouri Plaintiff
vs Civil Action
Ephraim R. Fulbright, D.N. Fulbright &
Henry Fulbright Defendants
(continued)
165
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 59/60 (cont.)
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to D.N. Fulbright. And it appearing to the Court that on the 21st April 1863 an attachment was issued against said Defendants and on the 7th June 1863Bond on the following real estate of Defendants, viz: the SW 1/4 Section 14 Township 29 Range 22 of Henry Fulbright and 10 shares in the Bank of the State of Missouri belonging to E.R. Fulbright and it appearing to the satisfaction of the Court that the Defendants had been duly notified by publication more than four months before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and the Court from an examination of the instrument sued on doth find that the Defendants are indebted to Plaintiff in the sum of $540 debt and $50.20 damages by way of interest and $21.60 damages for the nonpayment of same. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendants her said debt and damages and that a special fi fa issue to sell the property attached.
p 60.
Bank of Missouri Plaintiff
vs Civil Action
A.J. Burden, Wade H. Burden
& Joseph Burden Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to A.J. Burden. And it appearing to the satisfaction of the Court that the Defendants had been duly served with process more than 15 days before the present term of this Court and having failed to plead, answer or demur to plaintiff's petition and the same being founded on an instrument of writing for the direct payment of money signed by Defendants and the amount ascertained thereby the Court doth find from an examination of the same that the Defendants are indebted to Plaintiff in the sum of $560 debt and $60.20 damages by way of interest and $42.40 damage for the nonpayment of the same. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants her said debt and damage and that an execution issue therefor.
AUGUST TERM
P 61/62
Bank of the State of Missouri Plaintiff
vs Civil Action
Samuel Fulbright & David L. Fulbright Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant David L. Fulbright had been served with process at least 15 days before the first day of the present term of this Court and the Defendant, Samuel Fulbright, had been served with notice by publication in the Springfield Missourian, a newspaper published in Springfield, Greene County, Missouri, four weeks successively, the last insertion at least four weeks before the first day of the present term of this Court and this action being founded on a promissory note whereby the Court doth find on an examination of the same that the Defendants are indebted to Plaintiff in the sum of S300 debt and also $40.25 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants her said debt and damage as well as costs in this behalf laid out and expended therefor for which execution may issue against said Fulbright and that a special fi fa issue against the following described real estate, viz: E 1/2 NW 1/4 & NE 1/4 Sect 34 Township 29 Range 22 also 5 shares of Bank Stock in the Bank of the State of Missouri levied upon and attached as the property of Samuel Fulbright and all or so much thereof as is necessary be sold to satisfy the same and that this judgment bear 10% interest.
166
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