Springfield-Greene
County LibraryAugust Term 1863
Book F
p 62.
Bank of the State of Missouri Plaintiff
vs Civil Action
Wade H. Burden, Elisha Headlee, admin of
John A. Stephens, decd, & Joseph Burden Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants had been served with process at least fifteen days 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 confessed and this action being founded on a promissory note signed by Defendants Wade H. Burden and Joseph Burden, and the amount ascertained whereby the Court doth find on an examination of the same that Defendants Wade H. Burden and Joseph Burden and the estate of John A. Stephens, deceased,are indebted to Plaintiff in the sum of $500 debt and $73 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants his said debt and damage as well as costs in this behalf laid out and expended and that execution may issue therefor against Joseph Burden and Wade H. Burden.
p 62/63.
Bank of the State of Missouri Plaintiff
vs Civil Action
Marcus Boyd, John H. Price
and Chesley Cannefax Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to John R. Price and it appearing to the satisfaction of the Court that the Defendants Boyd and Cannefax had been duly served with process at least fifteen days 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 confessed and this action being founded on a promissory note whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $350 debt and also $51.63 damages. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants his debt and damages as well as costs in this behalf laid out and expended that execution may issue therefor and this judgment bear 10% interest.
p 63.
Bank of the State of Missouri Plaintiff
vs Civil Action
James P. Gray, Thomas R. Bridges,
William H. Blakey Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Thomas R. Bridges and it appearing to the satisfaction of the Court that the Defendants Blakey and Gray had been served process at least fifteen days 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 confessed and this action being founded on a promissory note for the direct payment of money signed by Defendants whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $3101.80 debt and also the sum of $579.22 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage as well as costs in this behalf laid out and expended and that execution may issue therefor and this judgment bear 10% interest.
167
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 63.
Bank of the State of Missouri Plaintiff
vs Civil Action
Thomas C. Blakey, Reuben E. Blakey,
John H. Miller Defendants
Now at this day comes the Plaintiff by attorney and dismisses this Suit as to Thomas C. Blakey and Reuben E. Blakey and it appearing to the satisfaction of the Court that the Defendant John H. Miller had been duly served with process at least fifteen days 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 confessed and this action being founded on a Bill of Exchange signed by Defendants whereby the Court doth find on an examination of the same that Defendant is indebted to Plaintiff in the sum of $290 debt and also $44.04 for his damage. It is therefore considered by the Court that Plaintiff 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 execution may issue therefor.
p 64. August 10, 1863.
DewitBrewster Plaintiff
vs Civil Action
Easter AnnBrewster Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly notified as the law directs and having failed to plead, answer or demur to Plaintiff's petition, the same is taken as confessed and unless the Defendant appear on or before the sixth day of the next term of this Court this judgment will be made final.
Rest of page 64 contains motions filed as follows
C.L. Starke vs Aaron Nutt -- amended answer in this cause
Hugh L. Hunt vs Winterstein and K.H.S. Fairchild -- Plaintiff files replication
Giles F. Filley vs James M. Wilson -- Defendant files plea
Chauncey L. Filley vs James M. Wilson -- Defendant files plea of abatement
Aaron Nutt vs C.L. Starke -- motion to set aside sale of real estate.
p 65.
Motions filed:
Beardslee & Bro vs W.C. Price & L.H. Boyd -- Defendants file answer
Thomas J. Bailey vs John S. Kimbrough -- Defendant files answer
Bank of State of Missouri vs A.L. Galbreath, Hugh C. Cunningham, Francis E. Waterson & John H. Price -- Plaintiff files amended petition
Bank of State of Missouri vs James T. Abernathy, Hugh Boyd and James L. Abernathy & Daniel McCrea -- motion to quash writ.
p 66.
State of Missouri Plaintiff
vs Grand Larceny
Peter Goff Defendant
Now at this day comes Alfred M. Julian and S.H. Julian and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels lands and tenements but to be void on condition that they each be and appear before the Judge of the Polk Circuit Court on the first day thereof which will be begun and held at the Court House in Bolivar, Polk County, Missouri, on the fifth Monday after the second Monday in September 1863 then and there to testify in a cause pending wherein the State of Missouri is Plaintiff and Peter Goff is Defendant and not depart said Court without leave.
168
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 66.
Motions filed:
Joel Phillips vs William T. Carter Job Rose, garnishee, files answer
T.B. Holland vs James P. Brown, coroner and Mercer Moody Plaintiff files motion to set aside sale of real estate.
James G. Dollison & James C. Franklin vs Higdon R. Jarrett Plaintiff dismisses cause.
p 67.
State of Missouri Plaintiff
vs Grand Larceny
Thomas Housewrite Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State Missouri and the Defendant in his own proper person and by attorney and each having announced himself ready for trial thereupon comes a Jury as follows: John M. Chandler, D.J. Hunt, S.H. Julian, Henry Grant, James Beale, J.A. See, John H. Doran, P. Evans, NA. Hillurphy, E. M. Beardon, John N. Hall & Isaac Dyer, twelve good and lawful men who after having taken and subscribed the oath required by the convention were sworn to try the issue and having heard the evidence and received the instructions of the Court retired to consider their verdict and upon returning into Court presented the following we the Jury find the prisoner guilty as set forth in the indictment and assess his punishment at two years imprisonment in the penitentiary.
S.H. Julian, foreman.
Whereupon the Jury is discharged.
State of Missouri Plaintiff
vs Grand Larceny
Thomas Housewrite Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion to set aside the verdict in this cause.
Now at this day, it appearing to the satisfaction of the Court that J.G. Dollison, A. Oneal, Wilson S. Keene, Allen Gardner, J.B. Brown and Jas Rains who having been summoned to serve on a Jury and having failed to appear in answer to said Summons they are by the Court fined $5 each for the benefit of the State of Missouri and that they be notified at the next term of this Court and show cause if any they have why this judgment should not be collected.
p 68.
Bank of the State of Missouri Plaintiff
vs Civil Action
J.A. Gillespie, Christian S. Bodenhamer
and Higdon R. Jarrett Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses his suit as to J.A. Gillespie and it appearing to the satisfaction of the Court that the Defendant Higdon R. Jarrett has been served with process at least fifteen days before the first day of the present term of this Court and that the Defendant Christian S. Bodenhamer has been notified by publication in the Springfield Missourian, a newspaper printed in Greene County, Missouri, for four weeks succesively the last insertion being at least four weeks before the first day of the present term of this Court and the Defendants having failed to plead, answer or demur to Plaintiff's petition and this action being founded on a Bill of Exchange signed by Defendants and the amount ascertained whereby the Court doth find on an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $50 debt and $6.05 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendants
(continued)
169
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 68 (cont)
his said debt and damage as well as his costs in this behalf laid out and expended and that execution issue therefor and that a special fi fa issue against the following described real estate levied upon the property of the Defendant Christian S. Bodenhamer, viz: W 1/2 of NE 1/4 and SE 1/4 of NE 1/4 and W 1/2 of SW 1/4 and SE 1/4 of SW 1/4 in Section 10 TWP 34 Range 23, containing 240 acres, also SW 1/4 of SW 1/4 and S 1/2 of NE 1/4 of SW 1/4 and S 1/2 of NW 1/4 of the SE 1/4 Section 10 TWP 34 Range 23, containing 80 acres and the W1/2 of NE 1/4 of Sect 15 and NW 1/4 of NE 1/4 of Sect 12 and SW 1/4 of SE 1/4 of Sect 14 and part of SW of NE 1/4 of Sect 28 TWP 34 Range 23 containing 199 acres, also, the SW 1/4 of SE 1/4 and S 1/2 of NW 1/4 of the SE 1/2 of Section 1 Township 34 Range 23, containing 60 acres and that all or so much thereof as is necessary be sold to satisfy said execution.
p 69August 10, 1863
Ordered by Court that Court adjourn until tomorrow morning 8 oclock. John S. Waddill CJ
Tuesday August 11, 1863.
Court met pursuant to adjournment. Present as on Yesterday.
State of Missouri Plaintiff
vs Felonious Assault
William York Defendant
Now at this day comes the Circuit Attorney and on his motion an alias capias is ordered to issue to Phelps County in this cause.
State of Missouri Plaintiff
vs Grand Larceny
Stephen Blackman Defendant
Now at this day comes the Circuit Attorney and on his motion an alias Capias is ordered to issue in this cause.
p 70.
Cornelius Haywood,Charles Dent Carr,
James J. Cartledge Plaintiffs
vs Civil Action
Thomas J.M. Hawkins, Marcus L.
Abernathy Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been duly served with process and having failed to plead, answer or defer to Plaintiffs petition the same being founded on an instrument of writing for the direct payment of money and the amount ascertained thereby the Court doth find from an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $242.84 debt and also $67.30 damage. It is therefore considered and adjudged by the Court that the Plaintiffs have and recover of and from the Defendants his said debt and damage and that he have execution therefor with 10% interest.
Greene County, State of Missouri Plaintiff
vs Civil Action
S. S. Vinton, W.C. Hornbeak,
Higdon R. Jarratt and John H. Miller Defendants
Now at this day comes the Plaintiff by his attorney and by leave of Court dismisses this suit as to S.S. Vinton and W.C. Hornbeak. And it appearing to the Court that the Defendants Higdon R. Jarratt and John H. Miller had been duly served with Process and have
(cont)
170
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 70 (cont)
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 and the amount ascertained thereby. The Court from an examination of the same doth find that the Defendants are indebted to the Plaintiff in the sum of $109 debt and $17.55 damage. It is therefore considered and adjudged by the Court that the Plaintiffs have and recover of and from the Defendants his said debt and damage and that he have execution therefor with 10% interest.
p 71.
Greene County, State of Missouri Plaintiff
vs Civil Action
Sheppard, J.B. Kimbrough, Edwin L.
Weaver, John Sain and John S. Kimbrough Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants had been duly served with process and had failed to plead, answer or demur to Plaintiff's petition and the same being founded on an instrument of writing signed by Defendants for the direct payment of money and the amount ascertained thereby. The Court doth find from an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $364.30 debt and the sum of $10.20 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage and that he have execution therefor with 10% interest.
Henry Sheppard & John S. Kimbrough Plaintiffs
vs Civil Action
Benjamin C. Hardin Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that on the 29th day of April 1863 an attachment issued in this cause and was on the 2nd day of May 1863 bond upon the real estate of Defendant viz the W 1/2 SW 1/4 Section 23 E 1/2 SE and NW 1/4 Section 22 and W 1/2 SE 1/4 Section 20 all in Township 30 Range 23, and that the Defendant had been duly notified by publication as the law directs and having failed to plead, answer or demur to Plaintiff's petition and the same being founded on an instrument of writing signed by Defendants for the direct payment of money and ehe amount ascertained thereby. The Court doth find from an examination of tbe same that the Defendant is indebted to the Plaintiff in the sum of $211.68 debt and $55.10 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage and that he have execution with 10% interest.
p 72. August 11,1863.
Warren H. Graves Plaintiff
vs Civil Action
William H. Trowbridge Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant had been personally served with process and having failed to plead, answer or demur to Plaintiff's petition and the same being founded on an instrument of writing signed by Defendant for the direct payment of money and the amount ascertained thereby. The Court doth find by an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $82.40 debt and $17.12 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage and that he have execution with 10% interest.
171
GREENE COUNTY MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 72.
Hugh C. Wilkerson, admin of
A.J. Wilkerson, decd Plaintiff
vs Civil Action
Shelton A. McKinney and
Jesse L. McKinney Defendants
Now at this day comes the Plaintiff by attorney and it appearing to tbe Court that the Defendants had been duly notified by publication as the Law directs and having failed to plead, answer or demur to Plaintiff's petition and the same being founded on an instrument of money and the amount ascertained thereby. The Court from an examination of the sum doth find that the Defendants are indebted to the Plaintiff in the sum of $240 debt and $44.12 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage and that he have execution with 10% interest.
p 72/73. Aug 11, 1863.
Lindsay Nichols, admin of
William Lower, decd Plaintiff
vs Civil Action
James L. Abernathy, Pike Bayless and
Jesse M. Redfearn Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants had been served with process and notified as the Law directs and having failed to plead, answer or demur to Plaintiffs petition and the same being founded on an instrument of writing 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 $150 debt abd $30 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants his said debt and damage that he have execution with 10% interest.
p 73.
Greene County, State of Missouri Plaintiff
vs Civil Action
DeWit C, Smith, Patrick R. Smith,
Harriett Smith Defendants
Now at this day comes the Plaintiff by attorney and dismisses this cause as to Patrick R. Smith and it appearing to the Court that the Defendant DeWit C. Smith and Harriett Smith had been duly served with process and having failed to plead, answer or demur to Plaintiff's petition and the same being founded on an instrument of writing signed by the Defendants for the direct payment of money. The Court from an examination of the same doth find that the Defendants are indebted to the Plaintiff in the sum of $750.75 debt and $213.16 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendants his said debt and damage and that he have execution with 10% interest.
Greene County, State of Missouri Plaintiff
vs Civil Action
Samuel Fulbright, David S.Fulbright
and Ephraim R. Fulbright Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been duly served and notified as the law directs and having failed to plead, answer or demur to Plaintiff's petition and the same being founded on an instrument of writing and the amount ascertained thereby. The Court from
(continued)
172
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 73 (continued)
an examination of the same doth find that the Defendants are indebted to Plaintiff in the sum of $110 debt and also $28.71 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants his said debt and damage and that he have execution with 10% interest.
p 74.
Wesley Austin Plaintiff
vs Civil Action
LewisBrashears Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that on the 23 October 1862 an attachment issued in this cause and on the 25 October 1862 was levied on the following real estate vis: E1/2 SW 1/4 Section 10 and E 1/2 NW 1/4 Section 10 W 1/2 NE 1/4 and E 1/2 NW 1/4 Section 9 all in Township 28 Range 21. And that at the January Term 1863 of the Court an interlocutory judgment was rendered against said Defendant he having been duly notified as the Law directs and having failed to plead, answer or demur to Plaintiff's petition and no cause having been shown why the same should not be made final, the Court sitting as a Jury doth find from the evidence that the Defendant is indebted to the Plaintiff in the sum of $123.49 debt and $7.49 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants his said debt and damage and that he have execution with 10% interest.
William R. Watts Plaintiff
vs Civil Action
Andrew Thompson, Robert Horn, William
W. Blackman, Ripley B. Weaver Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants had been duly notified by publication of the commencement of this suit as the Law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and it not appearing to the Court what amount of damage Plaintiff is entitled to recover, it is ordered by the Court that a writ of inquiry be had at the next term of this Court to ascertain what amount Plaintiff is entitled to recover to which time this cause is continued.
p 74/75.
Nathan P. Murphy & Martin J. Hubble Plaintiffs
vs Civil Action
Benjamin E. Hopson Defendant
Now at this day comes on to be heard this cause for final determination and the Court from an examination of the instruments sued on this being signed by Defendant and for the direct payment of money, the Court doth find that the Defendant is indebted to Plaintiffs in the sum of $439 debt and also $148.70 damage. It is therefore considered and adjudged by the Court that the Defendants have and recover of and from the Defendants the said Debt and Damage and also costs and that the Equity of Redemption in the following real estate be foreclosed start at the SW corner of SE 1/4 SE 1/4 Section 23 TWP 29 Range 22 then East 20 poles then North 12 poles for a beginning corin running then East 20 poles then North 28 poles then West 20 then South 28 poles to the beginning. And that a special execution be issued thereon to sell the same.
p 75.
Warren H. Graves Plaintiff
vs Civil Action
John Friedmann Defendant
Now at this day comes the Plaintiff by attorney and this cause coming on for a final
(continued)
173
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 75 (continued)
hearing the Court doth find that an Interlocutory Judgment was rendered in this cause at the January Term 1863 of this Court and no cause being shown why the same should not be made final the Court sitting as a Jury doth find that the Defendant is indebted to Plaintiff in the sum of $178 debt and $43.50 damage and the Court doth further find that the following real estate was mortgaged to secure the same viz: Lot No 29 of Graves addition to City of Springfield, Missouri, fronting 46 feet on the West side of Campbell Street excepting and reserving the right of way for the SW branch of the Pacific Railroad. 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 and that the Equity of Redemption be foreclosed in said real estate and that the same be sold to satisfy the same and that a special execution issue therefor.
State of Missouri Plaintiff
vs Grand Larceny
William H. Jopes Defendant
Now at this day comes on to be heard the motion heretofore filed to quash the indictment in this cause which by the Court is overruled.
State of Missouri Plaintiff
vs Selling Goods Without License
B.M. Sadler Defendant
Now at this day comes on to be heard the motion heretofore filed to quash the indictment in this cause which by the Court is overruled.
p 76.
State of Missouri Plaintiff
vs Grand Larceny
Thomas Housewrite Defendant
Now at this day comes the Circuit Attorney who prosecutes and the Defendant by his own proper person and by attorney and the motion heretofore filed for a new trial coming on to be heard by the Court is overruled. It is therefore considered by the Court that the Defendant Thomas Housewrite be by the Sheriff of Greene County, State of Missouri, taken hence to the Jail of said County of Greene and from thence to deliver said Defendant Thomas J. Housewrite to the Keeper of the Penitentiary of the State of Missouri that the said Defendant be there confined in said penitentiary for the term of two years the term assessed by the Jury as aforesaid as a punishment for the commission of said offense. And it is further ordered by the Court that the Clerk of this Court make out a certified copy of this Judgment under the Seal of this Court and deliver it to the Sheriff of said County of Greene to be by him delivered with the Defendant to the Keeper of the Penitentiary aforesaid and that the said State of Missouri have and recover of and from said Defendant her costs in behalf laid out and expended and that execution may issue therefor.
Bank of State of Missouri Plaintiff
vs Civil Action
William A. Spillman, James T. Abernathy,
Daniel McCrea, Benjamin C. Hardin Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to the Defendants, Hardin, Spillman and McCrea and it appearing to the satisfaction of the Court that the Defendant James T. Abernathy had been notified by publication in the Springfield Journal for four weeks successively, the last insertion at least four weeks before the first day of the present term of this Court and having
(continued)
174
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 76 (cont)
failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a Bill of Exchange and the amount ascertained thereby. The Court doth find on an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $430 debt and also $43 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant said debt and damage as well as costs in this behalf laid out and expended and that a special fi fa issue against the following described real estate, viz: NW 1/4 of NE 1/4 Section 4 TWP 28 Range 23 levied and attached as the property of James T. Abernathy and all or so much thereof as is necessary be sold to satisfy the same and also a general execution against his property.
p 77.
Following actions filed:
George Jamison vs August Koock -- motion to strike out plea in abatement.
J.K.P. McQuigg vs Robert G. Abernathy & F.S. Jones, -- garnishee cause continued.
T.J. Bailey vs J.S. Kimbrough -- motion to strike out part of Defendant answer. Sustained.
Bank of State of Missouri vs Elisha Headlee, admin C.A. Haden -- Defendant files his
demurer.
State of Missouri Plaintiff
vs Robbery
Samuel Matlock Defendant
Now at this day comes the Circuit Attorney who prosecutes and the Defendant in his own proper person and by attorney and upon theBill of Indictment being read to him for a plea says he is not guilty.
Mary L. Clifford Plaintiff
vs Petition for Divorce
Charles Clifford, alias
Alexander Hollenburg Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been notified by publication in the Springfield Missourian four weeks successively, the last insertion at least four weeks before the first day of the present term of this Court, having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and unless he appears on or before the 6th day of the next term of this Court this Judgment will be made final.
p 78.
John C. Price Plaintiff
vs Civil Action
Thadeus Sharpenstein, James M. Adams Defendants
Now at this day this cause comes on for a final hearing and neither party demanding a Jury, the inquiry is had before the Court sitting as a Jury and all and singular the premises being seen anf fully understood by the Court, the Court doth find the Defendants are indebted to Plaintiff in the sum of $10 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage and also costs in this behalf laid out and expended for which execution may issue.
175
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 78/79.
State of Missouri Plaintiff
vs Grand Larceny
Stephen Blackman Defendant
Now at this day comes on this cause to be heard and the Defendant being thrice called comes not but makes default and it appearing to the satisfaction of the Court that on the 19th day of July 1863 the Defendant StephenBlackman entered into recognizance in the sum of $500 with William A. Campbell, John M. Robertson and Aaron Nutt as his securities to be levied of their respective goods and chattels, lands and tenements for the benefit of the State of Missouri but to be void upon the condition that the said Stephen Blackman be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof to be begun and held at the Court House in the town of Springfield in Greene County on the first Monday in August 1863 and then and there to answer to an indictment preferred against him by the Grand Jury of Greene County for unlawfully committing Grand Larceny and not depart said Court without leave otherwise to remain in full force and the said William A. Campbell, John M. Robertson and Aaron Nutt being thrice called and required to bring in the body of said Stephen Blackman in obedience to said recognizance came not but made default. It is therefore considered by the Court that said recognizance be forfeited and that a scire facias issue against the said Stephen Blackman, William A. Campbell, John M. Robertson and Aaron Nutt requiring them to be and appear before the Judge of our Greene Circuit Court at a Court to be held at the Court House in Springfield on tbe fourth Monday in January 1864 to show cause if any they have why judgment should not be rendered against them for the sum of $500 and the costs laid out and expended in this behalf.
p 79/80.
State of Missouri Plaintiff
vs Robbery
William A. Campbell Defendant
Now at this day comes on this cause to be heard and the Defendant being thrice called comes not but makes default and it appearing to the satisfaction of the Court that on the 28th day of May 1862 the Defendant, William A. Campbell, entered into a recognizance in the sum of $2000 with Joseph J. Weaver and B.A. Barrett as his securities to be levied of their respective goods and chattels, lands and tenements for the benefit of the State of MissouriBut to be void upon the condition that the said William A. Campbell be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof to be begun and held at the Court House on the first Monday in August 1863 and then and there to answer to an indictment preferred against him by the Grand Jury of Greene County for unlawfully committing the crime of Robbery and not depart said Court without leave otherwise to remain in full force and the said Joseph J. Weaver and B.A. Barrett being thrice called and required tobring in the body of said William A. Campbell in obedience to 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 against the said William A. Campbell, Joseph J. Weaver and B.A. Barrett requiring them to be and appear before the Judge of our Greene Circuit Court at a Court to be held at the Court House in Springfield on the fourth Monday in January 1864 to show cause if any they have why judgment should not be rendered against them for the sum of $2000 and the costs laid out and expended in this behalf.
p 80.
State of Missouri Plaintiff
vs Robbery
William H. Jopes & Eli J. Armstrong Defendants
Now at this day comes on this cause to be heard and the Defendant Eli J. Armstrong
(continued)
176
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 80 (cont)
thrice called comes not but makes defeult and it appearing to the satisfaction of the Court that on the 28th day of May 1862 the Defendant Eli J. Armstrong entered into recognizance in the sum of $1000 with James Vaughan and William B. Farmer as their securities to be levied of their respective goods and chattels lands and tenements for the benefit of the State of Missouri but to be void upon the condition that the said Eli J. Armstrong be and make his appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof to be begun and held at the Court House in the town of Springfield on the first Monday in August 1862 then and there to answer to an Indictment preferred against him by the Grand Jury of Greene County for unlawfully committing the Crime of Robbery and not depart said Court without leave otherwise to remain in full force and the said James Vaughan and William B. Farmer being thrice called and required to bring into Court the body of the said Eli J. Armstrong in obedience to said recognizance came not but made default. It is therefore considered by the Court that said recognizance be forfeited and that a scire facias issue against the said James Vaughan and William B. Farmer requiring them to be and appear before the Judge of our Greene Circuit Court at a Court to be held on the fourth Monday in January 1864 and show cause if any they have why judgment should not be rendered against them for the sum of $1000 and the costs laid out and expended in this behalf.
p 81.
T.J. Hooker Plaintiff
vs Civil Action
Peter Goff Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause. It is therefore considered by the Court that Defendant have and recover of and from the Plaintiff his costs in this behalf laid out and expended for which execution may issue.
State of Missouri Plaintiff
vs Public Indecency
Reuben A. Rose Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion verified by affidavit for a continuance of this cause and all and singular the premises being seen and fully understood by the Court this cause is continued until next term. Now at this day comes Reuben A.M. Rose and Alfred M. Julian and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $200 to be levied of their respective goods and chattels lands and tenementsBut to be void on condition that the said Reuben A.M. Rose be and appear at the next term of the Greene Circuit Court which will commence and be held at the Court House in Springfield, Greene County. Missouri, on the fourth Monday in January 1864 on the first day thereof answer to a Bill of Indictment preferred against him by the Grand Jury of Greene County for Public Indecency and not depart said Court without leave, otherwise to remain in full force.
Thomas J.Bailey Plaintiff
vs Civil Action
John S. Kimbrough Defendant
Now at this day comes the Defendant by attorney and bv leave of Court has permission to file his amended answer in this cause by 10 o'clock tomorrow.
177
GREENE COUNTY, MISSOURI, COUNTY CLERK CASES
BOOK F
AUGUST TERM 1863
p 81.
John W. Payne Plaintiff
vs Civil Action
John Carter Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause. It is therefore considered by the Court that Defendant have and recover of and from Plaintiff his costs in this behalf laid out and expended for which execution may issue.
p 82.
State of Missouri Plaintiff
vs Grand Larceny
Peter Goff Defendant
Now at this day comes L.M. Bigbee and J.N. Powell and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels lands and tenements to be void on condition that they be and appear before the Judge of the Polk Circuit Court at a Court to be held at the Court House in Bolivar, Polk County, Missouri, on the fifth Monday after the second Monday in September then and there the truth to speak in a cause pending wherein the State of Missouri is Plaintiff and Peter Goff is Defendant and not depart said Court without leave otherwise to remain in full force.
State of Missouri Plaintiff
vs Public Indecency
Reuben A.M. Rose Defendant
Now at this day comes Job Rose and acknowledges himself to owe and stand indebted to the State of Missouri in the sum of $50 to be levied of his goods and chattels lands and tenements but to be void on condition that he be and appear before the Judge of our Greene Circuit Court at a Court to be held at the Court House in the County and State aforesaid on the fourth Monday in January 1864 then and there the truth to speak in a cause pending wherein the State of Missouri is Plaintiff and Reuben A.M. Rose is Defendant and not depart said Court without leave otherwise to remain in full force.
p 83.
William H. Henslee Plaintiff
vs Civil Action
Chesley Cannefax, Lucias A. Rountree
& Wiley M. Horton Defendants
Now at this day comes on this cause to be heard and the Court having been one of Counsel in this cause, a Change of Venue is awarded in this cause to the Probate and Common Pleas Court of Greene County, Missouri.
State of Missouri Plaintiff
vs Robbery
William H. Jopes Defendant
Now at this day comes William H. Jopes and William B. Farmer and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $1000 to be levied of their respective goods and chattels lands and tenements but to be void on condition that the said William H. Jopes be and appear at the next term of this Court 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 the said County and not depart said Court without leave otherwise to remain in full force.
178
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 83.
State of Missouri Plaintiff
vs
James Mason Defendant
Now at this day comes the Circuit Attorney and on his motion a scire facias is ordered to issue in this cause.
p 84.
Bank of Missouri Plaintiff
vs Civil Action
V.W. Kimball, William G. Evans &
M.H. Worrell Defendants
Now at this day comes the Plaintiff by attorney andBv leave of Court files his amended petition in this cause.
p 84/85.
Samuel Caldwell Plaintiff
vs Civil Action
Solomon C. Vaughan, Thomas B. Ward,
William Sanders Fulbright Defendants
Now at this day comes the Plaintiff by attorney and this cause coming on for a final hearing and the Plaintiff waiving a Jury, the inquiry of damage ordered at the last term of this Court is had before the Court sitting as a Jury and after hearing the testimony of witnesses the Court doth find that the Defendants have damaged the Plaintiff to the amount of $481. It is therefore considered and adjudged by the Court that Plaintiff have judgment for $481 against said Defendants and also costs in this behalf. And it further appearing that an attachment issued in this cause on the third day of July 1862 against the said Defendants and was by the Sheriff returned executed on the 18th day of July 1862 by levying on the following real estate, viz: beginning at Allen Fieldings SW corner on College Street in City of Springfield, County of Greene, State of Missouri, running thence West to an Alley thence running North alongside said alley to Olive Street thence East along said Street to Allen Fieldings NorthWest corner thence South with Fieldings line to beginning point. And also Lot (85) eightyfive in the City of Springfield, County and State aforesaid and also beginning at NorthEast corner of said Lot and running East to John Lair's line thence South with said line to Lot owned by New School Presbyterian Church thence West with line of said Lot to Street (Jefferson St.) thence North to Lot No (85) eightyfive the SouthWest corner of said Lot Thence East to SouthEast corner of said Lot thence North to beginning also one black stud colt two years old and oneBlack pacing stallion. And it is further considered that the Coroner pay over to Plaintiff the money received for property sold heretofore by order of this Court and that Plaintiff have a special fi fa against the property attached remaining unsold and a general execution against the property of Thomas B. Ward and William S, Fulbright and that this judgment bear six percent int.
p 85.
Henry Matlock Plaintiff
vs Civil Action for Debt
John S. Bigbee & Solomon C. Vaughan Defendants
Now at this day comes the Plaintiff by attorney and also the Defendants by attorney, file herein their answer which is by the Court deemed insufficient and is therefore stricken out, and the said Defendants failing to file a good and sufficient plea in this cause to Plaintiff's petition and the same being founded on an instrument of writing for the direct payment of money is taken as confessed (being signed by Defendants) and
(continued)
179
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 85 (cont)
the amount of the Defendant's indebtedness to Plaintiff being ascertained by the said instrument of writing the Court doth find on examination of the same that the Defendants owe and stand indebted to the Plaintiff in the sum of $1200 for debt and $144 for damage. It is therefore considered and adjudged by the Court that Plaitiff have and recover of and from the Defendants his said debt of $1200 and his damage of $144. And that he have an execution therefor and that this judgment bear 6% interest.
William F. Matlock Plaintiff
vs Civil Action
Leonidas C. Campbell Defendant
Now comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant has been duly notified of the commencement of this action at least four weeks before the commencement of this term of Court by notice of publication published in the Springfield Journal, a newspaper published in Greene County, State of Missouri, for four weeks the last insertion being at least four weeks before the commencement of this term of Court. And the Defendant having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed. It is therefore considered and adjudged by the Court that Plaintiff have judgment interlocutory against the Defendants and that an inquiry of damage be had at the next January term of this Court to assess the Plaintiff's damage unless cause to the contrary be shown on or before the third day of said term of Court to which time this cause is continued.
Ordered by the Court that Court adjourn till tomorrow morning, 8 o'clock.
p 86. August 12th 1863
Court met persuant to adjournment present as on yesterday.
Fidelio S. Jones Plaintiff
vs Civil Action
John Lair Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly notified of the commencement of this action by publication in the Springfield Journal, a newspaper published in Greene County State of Missouri, and in City of Springfield, for four successive weeks the last insertion being at least four weeks before the commencement of this term, and same is taken as confessed. It is therefore ordered and adjudged by the Court that the Plaintiff have judgment against said Defendant and it not appearing what amount Plaintiff ought to recover, it is ordered that an inquiry of damage be had at the next term of this Court to assess Plaintiff's damage when this judgment will be made final unless cause to the contrary be not shown on or before the third day of said term to which time cause is continued.
Jesse M. Redfearn Plaintiff
vs Civil Action
Leonidas C. Campbell 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 of the commencement of this action by publication in the Springfield Journal, a newspaper published in Springfield, Green County, State of Missouri for four weeks successively the last insertion being at least four weeks before the commencement of this term and the Defendant having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed. It is therefore ordered and adjudged by the Court that the Plaintiff have judgment against said Defendant and it not appearing what amount Plaintiff ought to recover
(continued)
180
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 86 (cont)
It is ordered that an inquiry of damage be had at the next term of this Court to assess Plaintiff's damage when this judgment will be made final unless cause to the contrary be shown on or before the third day of said term to which time this cause is continued.
p 86/87.
State of Missouri to the use
Peter Hayden & Pollock Wilson Plaintiffs
vs Civil Action
James S. Jones 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 of the commencement of this action by publication in the Springfield Missourian, a newspaper published in Springfield, Greene County State of Missouri, for four weeks, the last insertion being at least four weeks before the commencement of this term of Court and the Defendant having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed. It is therefore ordered and adjudged by the Court that the Plaintiff have judgment against said Defendant and it not appearing what amount Plaintiff ought to recover. It is ordered that an inquiry of damage be had at the next term of this Court to assess Plaintiff's damage when this judgment will be made final unless cause to the contrary be shown on or before the third day of said term to which time this cause is continued.
p 87.
Harrison J. Lindenbower Plaintiff
vs Civil Action
Nicholas Fain Jones Defendant
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that the Defendant has been duly notified of the commencement of this action by publication in the Springfield Missourian, a newspaper published in Springfield, Greene County, State of Missouri for four successive weeks the last insertion at least four weeks before the first day of this term of Court and the Defendant having failed to plead answer or demur to Plaintiff's petition the same is taken as confessed. It is therefore ordered and adjudged by the Court that the Plaintiff have judgment against said Defendant and it not appearing what amount Plaintiff ought to recover, it is ordered that an inquiry of damage be had at the next term of this Court to assess Plaintiff's damage when this judgment will be made final unless cause to the contrary be shown on or before the third day of said term to which time this cause is continued.
David McHaffie & Henry L. Trentham,
executors of the last will and testament
of Abraham Hawkins, deceased Plaintiffs
vs Foreclosure of Mortgage.
Jesse A. Cunningham 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 of the commencement of this action by service of summons at least 15 days before the commencement of this term and the Defendant having failed to plead, answer or demur to Plaintiff's petition, the same is taken as confessed. It is therefore ordered and adjudged that Plaintiff have judgment against said Defendant and this action being for the foreclosure of a mortgage deed and it not appearing for what sum Plaintiffs should have judgment it is ordered that an inquiry of damage be had at the next term of Court to assess the Plaintiff's damage when this judgment will be made final unless cause to the contrary be shown on or before the third day of said term to which time this cause is continued.
181
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