Springfield-Greene
County LibraryAugust term 1863
Book F
p 88.
Edwin P. Robberson Plaintiff
vs Civil Action
Ripley B. Weaver 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 successive weeks the last insertion at least four weeks before the commencement of the present term, and the Defendant having failed to plead, answer or demur to Plaintiff's petition, the same is taken as true and confessed. It is therefore ordered and adjudged that 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.
Edwin F. Robberson Plaintiff
vs Civil Action
William R. Robberson 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 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.
p 88/89.
William McAdams & Hervey Massey Plaintiffs
vs Civil Action
William T. Carter Defendant
Now at this time 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 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.
p 89.
Divorce Elizabeth Stark vs Charles Stark -- already extracted.
p 90. August 12th 1863
Hervey Massey & William McAdams Plaintiffs
vs Civil Action
Wiley M. Horton Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction
(continued)
182
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F.
AUGUST TERM 1863
p 90 (cont)
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 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 considered and adjudged by the Court that the Plaintiffs have judgment against the Defendant and it not appearing what amount Plaintiffs are entitled to, judgment for, it is ordered that an enquiry 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 the next term of this Court to which time the cause is continued.
Elisha Headlee, assignee for thebenefit
of the creditors ofThomas M. Hawkins Plaintiff
vs Civil Action
James E. Abernathy 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 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 enquiry 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 90/91.
Elisha Headlee, assignee for the benefit
of creditors of Thomas M. Hawkins Plaintiff
vs Civil Action
Miles F. Abernathy 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 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 enquiry 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 91.
Elisha Headlee, assignee for the benefit of
creditors of Thomas M. Hawkins Plaintiff
vs Civil Action
David R. Abernathy 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
(continued)
183.
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 91 (continued)
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 enquiry 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.
Joseph R. Douglas 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 Missourian, a newspaper published in Springfield, County of Greene and State of Missouri for four successive weeks the last insertion being 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 ought to recover, it is ordered that an enquiry of damage be had at the next term of tbis 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.
Thomas J.Bailey Plaintiff
vs Civil Action
John S. Kimbrough Defendant
Now comes the Plaintiff and by leave of Court files herein his motion to strike out the amended answer of the Defendant filed in this cause.
p 92.
Thomas J.Bailey Plaintiff
vs Civil Action
Richard P Jenkins Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant has been personally served with process 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 for the direct payment of money and the amount ascertained thereby, the Court from an examination of the same doth find that the Defendant is indebted to Plaintiff in the sum of $154.80 debt and also $71.58 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant said debt and damage and also his costs in this behalf and have execution therefor.
Marina Bedell & Allen Willis
admins. David Bedell, Deceased Plaintiff
vs Civil Action
John N. Donnell, John Harkness,
William M. Donnell & J.B.F. Small Defendants
Now at this day comes the Plaintiff by attorney and bv leave of the Court dismisses this cause as to J.B.F. Small. It appearing to the Court that the Defendants John M. Donnell, William M. Donnell and John Harkness had been duly served with personal notice
(continued)
184
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 92. (continued)
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 Plaintiffs in the sum of $537 for debt and also $105.41 for damage. It is therefore considered and adjudged by the Court that the Plaintiffs have and recover of and from the Defendants their said debt and damage and also costs laid out and expended and that they have execution therefor bearing 10% interest.
p 93.
A. Nutt Plaintiff
vs Civil Action
Charles S. Starks Defendant
Now at this day comes John Schnook one of the purchasers at the Sheriff's sale under the execution in this cause and files his motion to set aside the order of the Court quashing the sheriff's sale under the said execution and asks a hearing in his behalf.
John M. Wood Plaintiff
against
Joseph Burden, Wade H. Burden
and Elisha Headlee as admin
of estate of J.A. Stephens, Decd. Defendants
Civil Action
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants Joseph Burden and Wade H.Burden have been personally served with process as the Law directs and said Elisha Headlee being personally present and waiving necessity of notice as administrator of estate of John A. Stephens, decd, and said Defendants 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 and the amount ascertained thereby the Court from an examination of the same doth find that the Defendants are indebted to Plaintiff in the sum of $1080.30 for debt and $309.23 for damage. It is therefore considered and adjudged by the Court that the Plaintiff have and r ecover of and from the Defendants his said debt and damage and also his costs in this behalf and that he have an execution therefor against Wade H. Burden and Joseph Burden. (Note at side "Satisfied in full this Dec 9 1878, John N. Griffith by J.E.Griffith).
p 94.
Actions continued until next term:
Thomas Tiller vs Sowell Adams
E. Holbrook vs Thomas Tiller
L.B. Hall vs George Clark
J.M. Carthal vs B.W. Cannefax
Warren Cummins et al vs Jasper Ruyle et al
B. McClure vs C.A. Haden
p 95.
Actions continued to next term
Riley Kimmons vs B.W. Cannefax
John R. Roberts vs John McHenry
Joseph Rountree vs J. McHenry and J.M.Bailey
W.R. McKay vs R.H. Williams
N.A. Davis vs W.B. Farmer
Henry L. Rutihn vs Henry King
185
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 96
John McHenry vs A. Johnson case continued until next term.
Richard L. Gott Plaintiff
vs Civil Action
Joseph Forbes et al Defendant
Now at this day comes the Plaintiff by attorney and dismisses this cause. It is therefore considered by the Court that the same be dismissed and that the Defendant have and recover of and from Plaintiff his costs and that he have execution therefor.
William Buyson Plaintiff
vs Civil Action
J.C. Pool Defendant
Now at this day comes the Defendant by attorney and by his motion this cause is by the Court dismissed for want of prosecution. And it is considered and adjudged by the Court that the Defendant have and recover of and from the Plaintiff his costs and that he have an execution therefor.
Causes continued to next term:
Jesse E. Morris vs Z. Morris et al
R.W. Donnell vs J.M. Davis and Wilson S. Kern
W.H. Cornell vs T.J. Abernathy
p 97.
Causes continued to next term:
J.F. Dondal vs Indal Jones et al
Amos Hood vs Fany Blades et al
E.B. Niller et al vs J.J. Weaver et al
A.H. Gibbons vs A.H. Mills et al
Anden Wilson vs William B. Hamilton
William C. Price vs Thomas Tiller
Now at this day comes the Grand Jury into Court and return the following as true bills
State vs ______
State vs ______
State vs ______
p 98.
Hubble and McAdams Plaintiff
vs Civil Action
Andin J. Smith Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant had been duly served with process as the law directs and having failed to plead, answer or demur to Plaintiff's petition the same is by the Court taken as true. It is therefore considered by the Court that the Plaintiff have judgment against said Defendant but it not appearing to the Court what amount Plaintiff ought to recover ordered by the Court that Enquiry be had at the next term of this Court and if no cause be shown on or before the third day of the term why this judgment should be set aside the same will be made final to which time this cause is continued.
p 99.
J.T. Johnson Plaintiff
vs Civil Action
A & J.M. Richardson Defendant
Now at this day it is by the Court ordered that this cause be dismissed by reason of
(continued)
186
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 99 (cont).
non prosecution. It is therefore considered by the Court that the Defendant have and recover of Plaintiff his costs and that he have an execution therefor.
Stephen Ruder Plaintiff
vs Civil Action
W.H. Crockett et al Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion to rule the Plaintiff to give security costs in this cause and on a hearing it is ordered that the Plaintiff give security ninety days before the next term to which time this cause is continued.
p 100.
John S. McCraw Plaintiff
vs Civil Action
Josiah Leedy et al Defendant
Now at this day comes the parties by attorney and on the application of Defendants this cause is continued until next term of this Court and it is considered and adjudged by the Court that the Plaintiff have and recover of Defendants his costs for the present term and that he have an execution therefor.
Zachariah Roberts Plaintiff
vs Civil Action
John Blackman, L.A. Campbell Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to L.A. Campbell. And the cause coming on for a final bearing and there being no cause shown why the judgment ordered last term should be set aside the Court sitting as a Jury having heard the evidence adduced by the Plaintiff doth find from the same that the Defendant JohnBlackman is indebted to Plaintiff in the sum of $300 for damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said damage of $300 and also costs of such laid out and expended and that he have an execution therefor.
Rebecca Robinett vs George Robinette -- Divorce Previously extracted.
p 101.
Adeline Sprague/Lemuel Sprague -- Divorce Previously extracted.
Henry Sheppard and John S. Kimbrough Plaintiff
vs Civil Action
Anna R. Arnold Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant had been duly served with process at least 15 days before the first day of 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 signed by Defendant for the direct payment of money and the amount ascertained thereby, the Court, from an examination of the same doth find that the Defendant is indebted to the Plaintiffs in the sum of $135.37 debt and $111.85 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendant their said debt and damage and also costs and have an execution thereon.
187
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 101/102.
Henry Sheppard and John S. Kimbrough Plaintiffs
vs Civil Action
Daniel N. McCoy Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that on the 30th May 1863 an attachment issued in this cause was on the 7th day of July 1863 had on the following real estate of Defendant, viz: pt SE 1/4 SE 1/4 Section 25 E 1/4 NE 1/4 Section 36 and NE 1/4 SW 1/4 Section 17 all in Township 30 Range 23 and it further appearing to the satisfaction of the Court that the Defendant had been duly notified by publication in the Springfield Missourian, a newspaper published in the State of Missouri as the Law directs for four weeks successively the last insertion at least four weeks before the first day of the term of this Court having failed to plead, answer or demur to Plaintiffs petition and the same being founded on an instrument of writing signed by the Defendant for the direct payment of money and the amount ascertained thereby. The Court doth find from an examination of the same that Defendant is indebted to Plaintiffs in the sum of seventy five eighty one hundred dollars debt and twenty one 45/100 dollars damage. It is therefore considered and adjudged by the Court that the Plaintiffs have and recover of and from the Defendant their said Debt and Damages and also costs of such that they have a special execution to sell the real estate attached and that this debt bear 10% interest.
Mary Freeman vs Mortimer Freeman -- Divorce Previously extracted.
p 103.
McElhaney, Jaggard and CO, a firm
composed of Robert J. McElhaney, Clement
Jaggard and Horace Saunders Plaintiffs
vs Civil Action
William Tatum Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that the Defendant has absented or absconded from his usual place of abode in this State so that the ordinary process of Law cannot be served on him. It is ordered by the Court that publication be made in the Springfield Journal, a newspaper printed in the State for four successive weeks the last insertion to be at least four weeks before the next term of this Court which commences on the fourth Monday in January 1864 at the Court House in the City of Springfield, Greene County, Mo., notifying said Defendant that he be and appear before said Court on or before the 6th day thereof if the term so long continue and plead, answer or demur to Plaintiff's petition or the same will be taken as confessed and a judgment rendered against him and execution awarded thereon and his property sold to satisfy the same.
p 104 motions and actions.
p 105.
State of Missouri Plaintiff
vs Selling Goods Without License
T.E. Mason, William Robertson Defendants
Now at this day comes the Circuit Attorney who prosecutes and also the Defendants in person for a plea say they are guilty in manner and form charged in theBill of Indict ment. It is therefore ordered by the Court that the Defendants be fined in the sum of $50 for the commission of the offense and it is considered and adjudged by the Court that the State of Missouri have and recover of and from Defendants her said fine and also her costs in this behalf laid out and expended and that the said Defendants remain in custody of the Sheriff until the sum be paid and that execution issue thereon.
188
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 105/106.
State of Missouri Plaintiff
vs Gaming
William M. Armstrong Defendant
Now at this day comes William M. Armstrong and J.E. Smith who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to beBond of their goods and chattels, lands and tenements to be void on condition that the said William M. Armstrong shall be and make his personal appearance before the Judge of our Greene Circuit Court at the Court House in Springfield on the first day of the next term of which commences on the fourth Monday in January 1864 and plead or answer to a Bill of Indictment against him for gaming and not depart said Court without leave.
p 106/107.
Henry Sheppard and John S. Kimbrough Plaintiffs
vs Civil action
Thomas D. Wooten Defendant
Now at this day comes the Plaintiffs by attorney into open Court and move the Court that an additional and amended order of publication be made in the above entitled cause. It is therefore ordered by the Court that an additional and amended publication be made in the Springfield Journal, a newspaper published in the State of Missouri for four successive weeks the last insertion to be at least four weeks before the first day of the next term of this Court notifying the said Defendant that an action has been commenced against him in the Circuit Court within and for Greene County in the State of Missouri founded on two promissory notes extended by Defendant to Plaintiffs both dated January 25th 1860, one payable 12 months after date for the sum of $500. The other note for $200 payable 24 months after date with interest on both said notes at the rate of 10% per annum from date which said notes were filed with the petition of Plaintiff at the time of the institution of this suit in the above entitled cause in vacation to wit: June 2nd 1863 that the nature and general object of the said suit is to obtain judgment for the amount of said notes and interest and to enjoin the equitable term which Plaintiffs have in and to the following real estate situate in the City of Springfield in the County aforesaid to wit: a part of Lot No. thirty nine inBlock No. Nine, beginning eighteen feet from the SW corner of said Lot No. Nine, thence North eighteen feet, thence East forty feet, thence South eighteen feet, thence West forty feet to the place of beginning as the Vendors thereof to said Defendant and to have the said real estate sold under the order and decree of said Court or so much of the same as may be sufficient to satisfy the amount of said notes interest and costs. That the personal property of said Defendant has been attached by writ of attachment issued from the office of the Clerk of said Circuit Court of Greene County in vacation at the time of the filing of the aforesaid petition and that unless the said Defendant be and appear at the next term of said Circuit Court which will be began and held at the Court House in the aforesaid County on the fourth Monday in January 1864 and on or before the sixth day of said term if the same shall so long continue, if not before the end of said term plead, answer or demur to Petition of Plaintiff the same will be taken as confessed and Judgment will be rendered against him and his property sold to satisfy the same.
p 107.
Divorce Virginia Hale vs Addison Hale Previously extracted.
Actions:
Bank of Missouri vs V.W. Kimball, W.G. Evans & W.H. Worrell -- leave given to file pleading.
Smith & Vernon vs John & Tapley Daniel -- cause continued to next term.
State of Missouri vs L.D. Boone -- Grand Larceny. Defendant ordered discharged of his recognition and go home without day.
189
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863.
p 107.
Ordered by Court that Court adjourn till tomorrow morning 8 o'clock. John S. Waddell.
p 108. 13 August 1863.
Court met persuant adjournment. Present as of yesterday.
Sidney N. Ingram Plaintiff
against Civil Action
John S. Blackman & William
Wallace Blackman Defendants
Now at this day comes the Plaintiff by attorney and this cause coming on for a final hearing and the Defendants having been duly notified of the commencement of this action 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 Plaintiff has received damage from the acts of the Defendant to the amount of $277.95. It is therefore considered, ordered and adjudged by the Court that Plaintiff have and recover of and from the said Defendants his said damage of $277.95 together with costs in this behalf. And it further appearing that an attachment issued in this cause on the 26th day of July 1862 against the said Defendants and was by the Coroner and Acting Sheriff of Greene County returned executed on the 30th day of July 1862 by levying on the following real estate viz: the W 1/2 of SE 1/4 and E 1/2 of SW 1/4 of Section Mo. 14 Township Mo. 29 of Range Mo. 23 and NW 1/4 of NE 1/4 Section Mo. 16 in Township Mo. 29 of Range Mo. 23 and SW 1/4 of SE /14 and NW 1/4 of SE 1/4 of Section Mo. 34 Township Mo. 29 and Range Mo. 21 W. It is therefore considered and adjudged that Plaintiff have a special fi fa against the property attached and that the same be sold to satisfy said damage and costs and that this judginent bear 6% int.
Bank of the State of Missouri Plaintiff
vs Civil Action
William Hendricks, George W. Hancock,
Elisha Headlee admin & Charles A. Haden Defendants
Now at this day comes to be heard the motion heretofore filed in this cause to strike out the Defendants demurer which is by the Court overruled and said demurer coming on to be heard and the premises being seen and fully understood by the Court said demurer is by the Court overruled to which decision the Defendant excepts and leave is granted Defendant until tomorrow morning 10 o'clock to answer.
p 109.
Bank of State of Missouri Plaintiff
vs Civil Action
V.W. Kimball, William G. Evans,
William H. Worrell Defendants
Now at this day comes the Defendant William H. Worrell by attorney and by leave of Court files his demurer in this cause.
C.H. McCormick Plaintiff
vs Civil Action
Robinson, et al Defendants
Now at this day comes the Plaintiff and by leave of Court this cause is dismissed at Plaintiff's costs.
190
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 110.
George Jameson Plaintiff
vs Civil Action
A. Koock Defendant
Now at this day comes on to be heard the motion to strike out the plea in abatement to the affidavit of Plaintiff heretofore filed in this cause which is by the Court sustained and said plea in abatement stricken out to which decission the Defendant excepts and leave is granted Defendant to file his amended answer.
Now at this day comes the Grand Jury into Court and presents eleven bills of Indictment which are ordered by the Court to be filed and capias ordered to issue on the same.
John Potter Plaintiff
vs Civil Action
Richard M. Jones & George W. Jones Defendants
Now at this day comes on to be heard the petition for change of venue heretofore filed in this cause which is by the Court overruled.
p 111.
J.J. Pratt Plaintiff
vs Civil Action
Thomas Phillips Defendant
Now at this day comes on to be heard the motion heretofore filed in this cause to rule the Plaintiff to security for costs which is by the Court sustained and Plaintiff is ordered to furnish security on the first day of the next term of this Court.
J.S. Moss Plaintiff
vs Civil Action
Abner Hamblin 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 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 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 $199.54 debt and $95.80 damage. 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.
p 112.
John Potter Plaintiff
vs Civil Action
Richard M. Jones & George W. Jones Defendants
Now at this day comes the parties by their attorneys and by leave of Court this cause is continued until the next term of this Court at the cost of the Defendants.
Hervey Massey & William McAdams Plaintiffs
vs Civil Action
Jabez Owen Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court this cause is dismissed
191
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 112.
Warham McElhaney Plaintiff
vs Civil Action
Newlin W. Cecil Defendant
Now at this day comes on to be heard the motion heretofore filed in this cause which is by the Court sustained and said Judgment set aside.
p 112/113.
Thomas F. Fellows Plaintiff
vs Civil Action
Thomas W. Cecil 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 Plaintiff's petition the same is taken as confessed and this cause 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 $75.25 debt and $18.11 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damage and that execution issue therefor and that this judgment bear 10% interest per annum.
p 113.
S. HaIler Plaintiff
vs Civil Action
E. Freeburg Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court this cause is dismissed.
Thomas C. Rainey Plaintiff
vs Civil Action
P.C. Roberts
Now at this day comes the Plaintiff by attorney and by leave of Court this cause is dismissed and leave granted Plaintiff to withdraw the instrument sued on.
McClurg, Murphy and Co. Plaintiffs
vs Civil Action
James H. Jones Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court this cause is continued until the next term of this Court and an alias writ ordered to issue.
p 114.
Now at this day comes Thomas A. Reed Sheriff of Greene County, Missouri, and in open Court appoints Avenant Hollingsworth Deputy Sheriff of said County which appointment is by the Court approved.
Bank of State of Missouri Plaintiff
vs Civil Action
Eli G. Parris admin of estateof John Young,
decd, E. Ebert and Thomas D. Wooten Defendants
Now at this day comes the Plaintiff by attorney and files his motion to strike out of his petition the following words, viz: "as appearing by Norary's protest herewith filed" which is by the Court granted.
192
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 115.
W.C. Hornbeak & Samuel S. Vinton Plaintiffs
vs Civil Action
Marcus Boyd Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion asking for interrogations to Plaintiff praying that a rule be made against Plaintiffs to show cause why they couldnt answer said interrogations on the first day of the next term of this Court.
p 116 August 13, 1863.
Joel Phillips Plaintiff
vs Civil Action
Herman Foster Defendant
Now at this day this cause comes on to be heard and both parties announcing themselves ready for trial, therefore comes a Jury, viz: Samuel Woods, B.W. Henslee, Neely McCorkle, E.P. Gott, P.G. Patten, J.B. Cox, W.H.Burden, A.T. Graves, M.H. Fiske, W.R. Hendrick, Richard Jones, W.A. Patten, twelve good and lawful men who after having taken and subscribed to the oath required by the convention were sworn to try the issue. After hearing the evidence by consent of Counsel Neely McCorkle is discharged rom the Jury and it is agreed that eleven Jurors shall decide this cause and they having received tbe instructions of the Court retired to consider of their verdict. After due deliberations they return into Court and present as follows "We the Jury find for Plaintiff and assess his damage at $120.60." It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said damage as well as costs in this behalf laid out and expended and execution issue therefor.
Now at this day comes J.B. Brown in to Open Court and renders his excuse for not appearing when summoned on a Jury and all and singular the premises being seen and fully understood by the Court for the fine heretofore assessed against said Brown is revoked.
p 117.
William McDorman Plaintiff
vs Civil Action
Alexander R. Williams Defendant
Now at this day comes on this cause to be heard and it appearing to the Court that this action being founded on a Promissory Note an interlocutory judgment had been rendered at the last term of this Court and no cause being shown why the same should be set aside the Court from an examination of the premises sued on doth find that the Defendant is indebted to Plaintiff in the sum of $1010.23 debt and $303.06 damage and the Court doth further find that the same is secured by a mortgage executed by Defendant to Plaintiff for the following real estate, viz: the SE 1/4 Section 16 Township 29 Range 24 and Lot No. 7 NW fcl 1/4 Section 3 Township 29 Range 24. The W 1/2 Lot 8 NW fcl 1/4 Section 3 Township 29 Range 24. It is therefore considered adjudged and decreed by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also his costs in this behalf and that the Equity of Redemption in said real estate be foreclosed and that the same be sold to satisfy the said debt and that a special execution issue to sell the same and in default of payment that the same be levied of other property of Defendant to satisfy this judgment.
William B. Say Plaintiff
vs Civil Action
Charles T. Tatum Defendant
Now at this day comes on to a final hearing this cause and it appearing to the Court that on 23 Oct 1862 an attachment issued against Defendant and was on the 3oth Oct 1862
(continued)
193
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
(continued)
levied on the following real estate of Defendant, viz: Lot 6 and E 1/2 Lot 5 NW fcl Sect ion 1 Township 29 Range 23 and SW 1/4 of SW 1/4 Section 16 Township 29 Range 23. And it further appearing that at the last term of this Court an interlocutory judgment was rendered against Defendant and no cause being shown why the same should not be made final. The Court from the evidence adduced doth find that the Defendant is indebted to Plaintiff in the sum of $135 debt and $12.37 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and froni Defendant his said debt, damage and costs laid out and expended and that a special fi fa issue to sell the real estate attached.
p 118.
Edwin J. McAdams & William J.
McAdams Plaintiffs
vs Civil Action, Mechanics Lien
Alexander S. Braden Defendant
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 to be had in this cause is had before the Court sitting as a Jury and after hearing the testimony of witnesses the Court doth find that the Defendant is indebted to the Plaintiffs in the sum of $36.40. It is therefore considered, ordered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant the sum of $36.40 and their costs in this behalf. And it further appearing that the Plaintiffs have a mechanic's lien on a small frame building one story high situate on Lot Mo. 9 in block No. 2 in City of Springfield, Greene County, Missouri. It is therefore ordered that said payment of said debt be enforced out of the said building and that the same be sold to satisfy said debt and that Plaintiffs have a general execution against Defendant.
p 118/119.
Francis E. Waterson Plaintiff
against Civil Action
Josiah Leedy, Abel J. Neaves, Harvey
Neaves & Thomas J. Neaves Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to Josiah Leedy. And this cause coming on for a final hearing and it appearing to the Court that Thomas J. Neaves and Abel J. Neaves have been duly notified of the commencement of this suit by summons served on them personally 20 days before the commencement of the last term of this Court and that Harvey H. Neaves was duly notified of the commencement of this action by publication made in the Springfield Journal for four weeks, the last insertion being at least four weeks before the first day of the last term of this Court, And the Plaintiff waiving a Jury and the Enquiry of Damage ordered to be had in this cause is had before the Court sitting as a Jury and after hearing the testimony of witnesses in this cause the Court doth find that the Defendants Abel J. Neaves, Harvey H. Neaves and Thomas J, Neaves have damaged the Plaintiff to the amount of $1000. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the said Defendants his damage of $1000 and also costs in this behalf. And it further appearing that on the 7th day of July 1862 an attachment issued out of the Clerk's office of this Court against said Defendants, which was by the Coroner and acting Sheriff returned on 15th of July 1862 executed by levying on the following real estate, viz: E 1/2 SW 1/4 Section 29 Township 29 Range 20 and W 1/2 Lot No. 1 NE fcl 1/4 Section 5 Township 28 Range 20 and NW 1/4 SE 1/4 Section 21 Township 28 Range 20 and W 1/2 Lot No, 1 NE fcl 1/4 Section 4 Township 28 Range 20 and SW 1/4 Section 4 Township 28 Range 20 and Lot No. 1 SW 1/4 Section 18 Township 18 Range 20 & SW 1/4 SW 1/4 of Section 33 Township 29 Range 20 & SE 1/4 SW 1/4 of SW /14 of Section 20 Township 29 Range 20 & NW fcl 1/4 of NW 1/4 of Section 9 Township 28 Range 20 and SW 1/4 SE 1/4 of Section 4 Township 28 Range 20 & S 1/2 NE 1/4 of Section 9 Township 20 Range 20 &
(continued)
194
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 118/119 (cont)
E 1/2 NE 1/4 Section 35 Township 29 Range 21 & W 1/2 of NW 1/4 Section 36 Townsbip 29 Range 21 & NE 1/4 NW 1/4 of SE 1/4 of NW 1/4 of Section 23 Township 28 Range 21 & SW 1/4 of SW 1/4 of Section 14 Township 28 Range 20 & NW 1/4 of SE 1/4 & NE 1/4 of SW 1/4 Section 9 Township 28 Range 20 & NE 1/4 of SE 1/4 Section 16 Township 29 Range 20 & SE 1/4 and NE 1/4 of SW 1/4 Section 9 Township 28 Range 20. It is therefore considered bv the Court that the Plaintiff have a special fi fa against the said real estate and that the same as so much as may be necessary to satisfy this Judgment be sold and that the Plaintiff have a general execution against Thomas J. Neaves and Abel J. Neaves and that this Judgment bear 6% interest.
p 119.
Bank of State of Missouri Plaintiff
against Civil Action
Eli G. Parris as admin of
estate of John Young, decd,
Edwin Ebert & Thomas D. Wooten Defendants
Now at this day comes on to be heard the demurer heretofore filed in this cause and the Court being fully advised of and concerning the premises doth consider and adjudge said petition wholly insufficient and that Plaintiff have leave to amend her said petition and the said Plaintiff utterly failing and refusing to amend said petition according to the leave and permission of the Court it is therefore considered by the Court that Plaintiff take nothing by her said suit and that the Defendants have execution therefor and go hence without day, and the said petition be dismissed.
Henry Matlock Plaintiff
vs Civil Action
John S. Bigbee & S.C. Vaughan Defendants
Now at this day personally appeared in open Court John S. Bigbee for himself and S.C. Vaughan as principal and John Dade and T.B. Holland as securities and acknowledge themselves to owe and stand indebted to Henry Matlock in the sum of $300 to be levied of their respective goods and chattels, lands and tenementsBut to be void upon the condition that whereas the Defendant in the above entitled cause have prayed an appeal from the Judgment of the Court to the Supreme Court. The Defendants shall prosecute their appeal with due dilligence to a decision in the Supreme Court and shall perform such Judgment as shall be given by the Supreme Court such as the Supreme Court may direct the Circuit Court to give and if the Judgment of the Circuit Court, or any part thereof be affirmed that they will comply with and perform the same so far as it may be affirmed and will pay all damages and costs which may be awarded against the appellants by the Supreme Court.
Ordered by the Court that Court adjourn till tomorrow morning 8 o'clock.
John S. Waddill, C.J.
p 121 August 14th 1863. 11th day of Court.
Court met pursuant to adjournment. Present as on yesterday.
Joel Phillips Plaintiff
vs Civil Action
William Tipton Carter Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the full 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 Greene County, State of Missouri, at Springfield, for four successive weeks the last insertion at least four weeks before the first day of this term and the Defendant having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and
(continued)
195
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
August 14th 1863. 11th day of Court.
p 121 (continued)
this action being founded on promissory notes or instruments of writing signed by the Defendant for direct payment of money by which Defendant's indebtedness to Plaintiff is ascertained. The Court doth find from an Examination of the same that the Defendant is indebted to the Plaintiff in the sum of $300 for debt and $100.97 for damage. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from the said Defendant his said debt and damage and also his costs in this behalf laid out and expended. And it further appearing that a Writ of Attachment issued out of the Clerk's office of the Circuit Court of this County in favor of Plaintiff and against the Defendant on the 13th day of August 1862 directed to the Coroner of Greene County which was by him returned on August 14th 1862 executed by levying on the following real estate, viz: NW 1/4 of SW 1/4 Section 13 Township 28 Range 23, SW 1/4 of SW 1/4 Section 25 Township 28 Range 23, NE 1/4 of SW 1/4 and W 1/2 of NE 1/4 and E 1/2 NW 1/4 and NW 1/4 of SE 1/4 of Section 13 Township 28 Range 23 W. And it further appearing that another Writ of Attachment was issued on the 24th of February 1863 by the Clerk of this Court directed to the Sheriff of this County and returned executed by him on the 24th day of February 1863 by seizing of seven head of cattle, one bureau, one dressing table, one twohorse plow, two onehorseplows, two bedsteads and one spinning wheel. It is therefore considered that Plaintiff have a special fi fa against said property and that the same or so much be sold as will pay this Judgment and that the same bear 10% interest.
Joel Phillips Plaintiff
vs Civil Action
Herman Foster Defendant
Now at this day comes the Defendant and by leave of Court files his motion for a new trial in this cause which motion is by the Court overruled
Ordered by the Court that there be an adjourned term of this Court held on the 30th day of September 1863.
Benjamin Chapman Plaintiff
vs Civil Action
James S. McQuerter Defendant
Now at this day comes the parties by their attorneys and the Court having been of Counsel in this cause a change of venue is awarded to the probate and common pleas Court of Greene County, Missouri.
p 122/123
Bank of State of Missouri Plaintiff
vs Civil Action
George L.Mitchell, James Vaughan
& Benjamin G. Andrews Defendants
Now at this day comes the Plaintiff and by leave of Court dismisses this suit as to the Defendant George L. Mitchell, and it appearing to the satisfaction of the Court that the Defendants, James Vaughan and Benjamin G. Andrews have 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 Defendants are indebted to Plaintiff in the sum of $250 debt and $22.25 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 that execution issue therefor and that this Judgment bear 10% interest.
196
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
August 14th 1863. 11th day of Court.
p 123.
Bank of State of Missouri Plaintiff
vs Civil Action
George L. Mitchell, James Vaughan
and Benjamin G. Andrews Defendants
Now at this day comes D.C. Dade, attorney for Plaintiff and acknowledges in Open Court payment in full of the foregoing Judgment rendered in this cause by the Defendant, Benjamin G. Andrews.
Following Motions Filed:
State of Missouri vs Thomas J. Housewright. Indictment for Grand Jury Files bill of exceptions.
Bank of State of Missouri vs William Hendricks, George W. Hancock, Elisha Headlee (adm) and Charles A. Haden. Attorney for Haden files his bill exceptions.
Thomas Potter vs Richard M. Jones and George W. Jones. Files bill of Exceptions.
Isaac N. Wilson vs Joseph B. Love & Nimrod Ford. Writ filed.
p 124.
Warren H. Graves vs Noble S. Barnum. Case dismissed.
Stephen Samuels Plaintiff
vs Civil Action
Jesse A. McKinney and Shelton A.
McKinney Defendants
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that the Defendants have been duly notified of the commencement of this suit by publication in the Springfield Journal, a newspaper printed in the County of Greene, State of Missouri, for four weeks successively the last insertion having been at least four weeks 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 and the amount ascertained whereby the Court doth find that the Defendants are indebted to the Plaintiff in the sum of $151.67 debt and $35.86 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 his costs in this behalf laid out and expended and that execution issue therefor and that this Judgment bear 10% interest per annum.
p 125.
John S. Holland & A.F. Bigbee Plaintiffs
vs Civil Action
John Lair Defendant
Now at this day comes the Plaintiff by attorney and this cause coming on to a final hearing and the Plaintiff waiving a Jury, the inquiry of damages ordered to be had in this cause is had before the Court sitting as a Jury and after hearing the testimony of witnesses, the Court doth find that the Defendant is indebted to the Plaintiffs in the sum of $120.24 damages. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendant their said damages 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: SW fcl 1/4 Sect. 31 TWP 31 Range 21. NE 1/4 SE 1/4 Sect 6 TWP 29 Range 21, W 1/2 NW 1/4 Sect. 12 TWP 28 Range 22W, SE 1/4 of NW 1/4 Sect 23 TWP 28 Range 22. E 1/2 NW 1/4 Sect 12 TWP 28 Range 22 W.SE 1/4 Sect 21 TWP 29 Range 22, 160 acres, NE 1/4 Sect 21 TWP 29 Range 22. W 1/2 NW 1/4 Sect 22 TWP 29 Range 22. W 1/2 Lot No.26 Block 7 City of Springfield beginning 73 feet East of Lot No. 14 on the North Boundary line of said Lot No 13,
(cont)
197
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
August 14th 1863. 11th day of Court.
p 125 (cont)
thence south through a blackwalnut tree to said Lair's lot, thence West 20 feet, thence North to the North boundary line of said Lot No. 13, thence East to the place of beginning, and that all or so much thereof as is necessary be sold to satisfy said execution and that this judgment bear 6% interest per annum.
Dabney C. Dade & James F. Harden Plaintiffs
vs Civil Action
Thomas G. Neaves Defendants
Now at this day comes the Plaintiff and by leave of Court cause is dismissed at Plaintiff's costs and leave is given Plaintiffs to withdraw the instrument sued on.
Thomas Masters Plaintiff
vs Civil Action
John Morris Defendant
Now at this day comes the Defendant and files his affidavit for a continuance in this cause and the premises being seen and fully understood by the Court it is ordered that this cause be continued until the next term of this Court at the costs of the Defendant for which execution may issue.
p 126.
Motions Filed:
William G. Gray vs William H. Blakey and Thomas R. Bridges. Plaintiff withdraws interrogatory against T.R. Bridges.
Polley Steele vs John W. Steele. motion to strike out Plaintiffs supplimental petition.
Mary B.Nowlin & Peyton Nowlin vs Jacob Schultz. Answer filed.
Joel Phillips vs Herman Foster. Motion for new trial overruled.
Bank of State of Missouri vs Eli Parris (adm) estate John Young, decd, Ebert V Thomas, D. Wooten. Motion to arrest judgment granted.
p 126/127.
State of Missouri Plaintiff
vs Indictment Selling Goods Without License
William H. Worrell Defendant
Now at this day comes the Defendant, William H. Worrell for himself as principal and James W. Boren (name Wade H Burden is scratched through) as security 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 for the benefit of the State of Missouri to be void on the condition that the said William H. Worrell be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will be begun and held at the Court House in the town of Springfield on the fourth Monday in January 1863 then and there to answer to an indictment proferred against him by the Grand Jury of Greene County for unlawfully selling intoxicating liquors without a license or other legal authority to do the same and not depart the Court without leave otherwise to remain in full force
Now at this day comes the Grand Jury into Court and presents nineteen bills of Indictment which are by the Court ordered to be filed and capiases ordered to issue on the same.
p 127.
John S. Coleman Plaintiff
vs Civil Action
Leonidas A. Campbell & George W. Jones 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 notified of the commencement of this action
(continued)
198
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
August TERM 1863
August 14th 1863. 11th day of Court.
p 127 (continued)
by publication in the Springfield Missourian a newspaper printed in Greene County, State of Missouri, for four weeks successively, the last insertion having been at least four weeks 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. It is therefore considered by the Court that Plaintiff have Judgment interlocutory against Defendants and it not appearing what amount the Plaintiff is entitled to it is ordered that an Inquiry of Damages be had at the next term of this Court to which time this cause is continued.
p 128.
Now at this day comes Edward Moore and William Cliborne who are by the Court dismissed from further attendance on the Grand Jury as members of the Grand Jury.
p 129.
State of Missouri Plaintiff
vs Selling Gpods without License
A.O. Fairchild Defendant
Now at this day comes A.O. Fairchild as principal and Benton H. Ingram as Security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 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 A.0. Fairchild be and appear at the next term of this Court which will be held at the Court House in Greene County, Missouri, on the fourth Monday in January 1864 and on the first day thereof answer to an Indictment preferred against him by the Grand Jury of said County for Selling Goods Without License and not depart said Court without leave otherwise to remain in full force.
p 130
State of Missouri Plaintiff
vs #2 Selling Goods Without License
A.O. Fairchild Defendant
Now at this day comes A.0. Fairchild as principal and benton H. Ingram as Security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 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 A.0. Fairchild be and appear at the next term of this Court which will be held at the Court House in Greene County, Missouri, on the fourth Monday in January 1864 and on the first day thereof answer to an Indictment preferred against him by the Grand Jury of said County for Selling Goods Without License and not depart said Court without leave otherwise to remain in full force.
p 130.
State of Missouri Plaintiff
vs #3 Selling Goods Without License
A.O. Fairchild Defendant
Now at this day comes A.0. Fairchild as principal and Benton H. Ingram as Security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 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 A.0. Fairchild be and appear at the next term of this Court which will be held at the Court House in Greene County, Missouri, on the fourth Monday in January 1864 and on the first day thereof answer to an Indictment preferred against him by the Grand Jury of said County for Selling Goods Without License and not depart said Court without leave otherwise to remain in full force.
199
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
August 14th 1863. 11th day of Court.
p 130/131.
Robert B. Edmonson as interpleader Plaintiff
vs Civil Action
A.B. Matthews Defendant
Now at this day comes the parties by their attorneys and the trial of the interplea filed by Plaintiff in the cause of A.B. Matthews vs Christian S. Bodenhamer coming on to be heard and by agreement tried before J.S. Waddill Judge, and the parties being ready for trial thereupon came a Jury viz: H. Hickman, J.E. Wood, E.P. Gott, George Jameson, J. Cunningham, J.S. Hale, J.C. Bigbee, Allen Edmonson, James Coleman, J.C. Conley and W.P. Dysart, eleven men (who by consent of parties by this cause) and having heard the evidence and received the instructions of Court upon their oath say "We the Jury find the property mentioned in the interplca to be the property of Christian S. Bodenhamer." It is therefore considered and adjudged by the Court that the said interpleader, Robert B. Edmonson, take nothing by his said interplea and that the said A.B. Matthews have and recover of and from said Robert B. Edmonson the interpleader his costs laid out and expended in the said interplea and that he have an execution therefor.
p 131.
Ordered by the Court that Court adjourn until tomorrow morning 8 o'clock.
John S. Waddill C.J.
200
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