Springfield-Greene
County LibraryDecember Term 1839
Book B.
p 69.
State of Missouri Plaintiff
vs Indictment assault and Battery
Avanant Hollingsworth Defendant
(Cause continued until next term of this Court)
p 70.
State of Missouri Plaintiff
vs Indictment for not keeping the road in good repair
Levi Click Defendant
(Cause ordered to be continued until tomorrow morning)
State of Missouri Plaintiff
vs Indictment for wounding, disfiguring, etc.
Ephraim M. Massey Defendant
(Continued until next term of this Court
State of Missouri Plaintiff
vs Indictment for assault with intent to kill
James Langston Defendant
(Cause ordered continued at next term of this Court)
p 71.
State of Missouri Plaintiff
vs Indictment for Larceny
P.H. Simmons Defendant
(Cause continued generally)
State of Missouri Plaintiff
vs Indictment for assault with intent to kill
Benjamin Harrison Defendant
(Cause ordered to be continued - generally)
State of Missouri Plaintiff
vs Indictment for becoming auctioneer without license
Casebolt and Stallings Defendants
(Defendants motion to Quash. Motion sustained, accordingly quashed)
p 72.
Smith and Brothers, and company
vs Petition in debt
John P. Campbell Defendant
Now at this day came the Defendant by his attorney and filed his plea in above case.
State of Missouri Plaintiff
vs Indictment becoming auctioneers without license
B.H. Boone and J.C. Boone Defendants
Now at this day came the prosecuting Attorney who prosecutes on behalf of the State of Missouri also the said Defendants who being arraigned upon their arrainments plead not guilty and for their trial put themselves on the Country and the Circuit Attorney doth the like and thereupon came a Jury, to wit: Isaac Woods, John R. Sturdivant, A.N. Foley, William Kindle, Randolph Lanham, Joseph Powell, Samuel Lasley, Stephen H. Davis, Joseph D. Haden, Dixon Jeffries, Thomas Morris and Jesse Louis, twelve good and lawful men who being elected, tried and sworn and truly to try and true deliverance roake between the State of Missouri and Benjamin H. Boone and John C. Boone and after hearing the evidence returned here into Court the following verdict "We the Jury find the said Defendants
(Continued)
139
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. Dec 1839 Term
p 72 (continued)
guilty in manner and form as charged in said Indictment and do assess a fine against the said Defendants of $500". And the said filed their motion in arrest of Judgment upon said verdict is by the Court sustained. Therefore it is considered by the Court that the said Defendants be discharged from custody and go hence without a day.
p 73.
Mcfarland and Holcomb Plaintiffs
vs Petition in debt
Constantine D. Ladd Defendant
This day came the Plaintiffs aforesaid by their attorney and on his motion it is ordered by the Court that this suit be dismissed and on farther motion of said Plaintiffs leave is given them to withdraw their note sued on the said petition mentioned.
State of Missouri Plaintiff
vs Indictment for wounding and disfiguring
Jesse Looney Defendant
(Motion by Prosecutor to continue cause to next term ordered by Court)
Littleberry Hendrick Plaintiff
vs Bill in Chancery
Heirs and representatives of D.B. Miller, Dec'd.
Now at this day came the parties by their respective attorneys and the demurer being taken up for agreement and for want of time the same was continued until tomorrow morn.
p 74.
Tuesday Morning December 3rd 1839. Court met persuant to adjournment. Present as of yesterday.
William P. Smith Plaintiff
vs Petition in debt
John T. Shanks Defendant
(Court ordered cause be continued until next term of this Court)
State of Missouri Plaintiff
vs Indictment for not keeping road in repair
Thomas Potter Defendant
(Court ordered cause be continued until next term of Court)
State of Missouri Plaintiff
vs Indictment for not keeping road in repair
Levi Click Defendant
(Court ordered cause be continued until next term of Court)
p 75.
N.H. Stephenson Plaintiff
vs Trespass
Jesse Looney Defendant
Now at this day came the Plaintiff aforesaid by his attorney and all and singular the premises being heard and by the Court here fully understood it is considered by the Court that this cause be dismissed and that the said Defendant have and recover his costs in this behalf laid out and expended and that he have execution therefore.
140
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
December 1839 Term
p 75.
James McBride Plaintiff
vs Action of Debt
R.W. Crawford Defendant
Now at this day came the Plaintiff by his attorney and moved the Court to amend his replication to the defendants second plea which to him leave was granted and thereupon the Defendant by leave of the Court withdrew said second plea.
John Lair Plaintiff
vs Appeal
B.W. Jewett Defendant
Now at this day came the Defendant by his attorney and the Plaintiff being thrice solemnly called comes not nor do he prosecute his said suit therefore it is considered by the Court that the said Defendant have and recover of the said Plaintiff his costs in this behalf laid out and expended as well in this Court as in the Court below and that he have thereof execution.
p 76.
Constantine Perkins Plaintiff
vs Petition in debt
Peter E. Blow Defendant
Now at this day comes the Defendant by his attorney and files here in Court his demurer to the Plaintiff''sdeclaration.
James McBride Plaintiff
vs
Robert W. Crawford Defendant
Now at this day came the parties aforesaid by their respective attorneys and neither party requiring a Jury this cause is submitted to the Court and the Court do find that the said Plaintiff was the legal holden of said note and also that said writing obejatory was not obtained from the Plaintiff by the said Defendant by fraud and misrepresentation and do find that the defendant doth owe the said Plaintiff the sum of $300 and that the Plaintiff hath sustained damages in the sum of $16.95. Therefore it is considered by the Court that the Plaintiff have and recover of the said Defendant the sum of $300 for his debt and the sum of $16.95 for his damages and his costs and charges in this behalf laid out and expended for which execution may issue.
Peter E. Blow Plaintiff
vs Petition in Debt
C. Perkins and Miles N. Carey Defendants
Now at this day came the Defendant by his attorney and filed here in Court his motion to quash in the above cause and all and singular the premises being heard and fully understood by the Court it is ordered by the Court that the said motion be sustained and the writ was accordingly quashed.
p 77.
Gray Wills and James B. McElhannon Plaintiffs
vs Petition in debt
James Dollison Defendant
Now at this day came the Defendants and their council and filed here in Court their moti0n to quash the Writ in the above cause and all and singular the premises being by the Court here fully understood it is considered by the Court that said motion be sustained and the writ was quashed accordingly.
141
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
December 1839 Term
p 77.
Zachariah Sims Plaintiff
vs
Ruth Campbell and I.G. Walker Defendants
(Defendants filed to quash above cause. Court said motion be sustained. Accordingly it was quashed)
John P. Campbell Plaintiff
vs Petition in debt
John W. Ball Defendant
(Defendant filed to quash cause. Motion sustained, accordingly quashed)
p 78.
Smith Brothers and Co. Plaintiff
vs Petition in debt
Campbell and Hunt Defendant
(Defendants filed motion to quash. Court quashed)
Smith Brothers and Co. Plaintiff
vs Petition in debt
John P. Campbell Defendant
(Defendant filed motion to Quash. Court accordingly quashed)
Walter L. Brown Plaintiff
vs Petition in debt
C.D. Terrill Defendant
(Defendant filed motion to Quash. Court accordingly quashed)
p 79.
Henry W. Burrow Plaintiff
vs Appeal
Ididiah Landreth Defendant
(above cause dismissed by Court)
Henry W. Burrow Plaintiff
vs Appeal
I. Landreth Defendant
Now at this day came the Plaintiff by his attorney and says he will no further prosecute said suit but suffers the same to be dismissed which is accordingly done.
Wednesday Morning December 4th 1839. Court met persuant to adjournment. Present as of yesterday.
R.W. Sims Plaintiff
vs Trespass on the case
John McDaniel Defendant
(Court orders cause to be dismissed)
p 80.
Flourney and Hickman Plaintiffs
vs Appeal from Justice
Gray Wills Defendant
Now at this day came the Defendant by his attorney and filed here in Court his motion to reverse the Judgment of the Justice and dismiss said suit with leave for the said Plaintiffs to withdraw the instrument said on and all and singular the premises being by the
(continued)
142
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
December 1839 Term
p 80. (continued)
Court here fully understood it is considered by the Court that the Judgment of the Justice be reversed and the said suit be dismissed with leave for the said Plaintiffs to withdraw the instrument sued on.
Peter E. Blow Plaintiff
vs Petition in debt
Constantine Perkins and Miles Carey Defendants
Now at this day came the Plaintiff by his attorney and for his motion moved the Court to dismiss the above cause with leave to withdraw the instrument sued on and all and singular the premises being by the Court here fully understood it is considered by the Court that the said cause be dismissed and leave is given to Plaintiff to withdraw the instrument sued on.
p 81.
James Dollison Plaintiff
vs Petition in debt
Gray Wills and J.B. McElhnnnon Defendants
(Cause dismissed on recomrnendation of Plaintiff)
Zachariah Sims Plaintiff
vs Petition in debt
Ruth Campbell and I.G. Walker Defendants
(Court dismissed on request of Plaintiff)
Greene Austin Plaintiff
vs Trespass
James Langston Defendant
Now at this day comes the Defendant by his attorney and files here in Court his plea of general issue.
p 82.
B.W. Cannefax Plaintiff
vs Trespass
Benj. Chapman and G. Wills
(Defendants file their separate pleas in above cause)
B.W. Cannefax Plaintiff
vs Trespass
B. Chapman and G. Wills Defendants
Now at this day came Benjamin Chapman one of the Defendants in the above cause by his attorney and files herein Court his separate Plea in the above cause.
John Holmes Plaintiff
vs Appeal
Ferrell and Ball Defendant
Now at this day came the parties aforesaid by their respective attorneys and thereupon came a Jury, to wit: Richard C. Price, Jesse Bruton, William Sprowls, Peter Apperson, Daniel D. Berry, William Dye, James Garrison, I.B. Jewet, K. Rose and Isaac Woods who being elected tried and sworn well and truly to try the Cause (D.D. Berry was discharged from serving on the Jury and the remainder were received as a full and sufficient Jury by agreement of parties) upon their oath do say "We the Jury find for the Plaintiff the amount of his account $34.921/2." It is therefore considered by the Court that the Plaintiff recover of the Defendants the sum aforesaid assessed by the Jurors in their verdict and that he also recover of the Defendants his cost by him in this cause expended and that he have execution therefor and that the said Defendant in mercy.
143
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
December 1839 Term
p 83.
A. Barnes Plaintiff
vs attachment
William Dye Defendant
(Cause dismissed by the Court)
D. Humphrey Plaintiff
vs Trespass
B. Harper Defendant
Now at this day came the Defendant by his attorney and filed his plea in the above cause.
Joseph Crutchfield Plaintiff
vs Petition in debt
William Dye Defendant
(Cause dismissed by the Court)
p 84.
David Humphrey Plaintiff
vs Appeal
Benjamin Harper Defendant
Now at this day came the parties aforesaid by their respective attorneys and neither party requiring a Jury after hearing the evidence the cause is submitted to the Court and the Court do find that the said Defendant is justly indebted to the said Plaintiff in the sum of $31.87 therefore it is considered by the Court that the said Plaintiff have and recover of the Defendant the aforesaid sum of $31.87 also his costs and charges in this behalf laid out and expended as well in this Court as in the Court below and that he have execution therefore.
Harris G. Joplin Plaintiff
vs Petition in Debt
R.W. Hamilton and T.J.W. Whitlock Defendants
Now at this day came the Plaintiff by his attorney and the said Defendants thrice solemnly called came not therefore it is considered by the Court that the said Plaintiff have and recover of the said Defendants the sum of $509.75 for his debt and the sum of $18.38 for his damages also his costs and charges in this behalf laid out and expended and that he also have execution therefore.
p 85.
Joseph Crutchfield Plaintiff
vs Appeal
Henry Collier and Daniel Kootch Defendants
Now at this day came the parties aforesaid by their respective attorney and thereupon came a Jury, to wit: Guian Leeper, David 0. George, Isaac Woods, John Holmes, Jonathan Harper and A.N. Foley who being elected tried and sworn well and truly to try the said cause who by the agreement of parties were considered a full and sufficient Jury to try the said cause - upon their oaths do say "We the Jury find the Defendant justly indebted to the said Plaintiff in the sum of $14.25 and that he the said Plaintiff have and recover of the said Defendant his costs and charges by him in this behalf laid out and expended as well in this court as in the Court below and that he have execution therefore.
The Grand Jury returned here in to Court the following bills of Indictments: against B.H. Boone for becoming auctioneer without license signed by foreman,
a true bill Thomas Allison for obstructing the road signed by the foreman, a true bill
George R. Ramey for neglecting to keep road in repair, signed by the foreman, a true bill.
And the said Grand Jury stating that there was no further business before them are by the Court discharged.
144
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
December 1839 Term
p 86.
James Reese Plaintiff
vs Petition in Debt
Benjamin W. Cannefax Defendant
This day came the Defendant by his attorney and by leave of the Court withdrew all his pleas filed by him except the plea marked A and also came the Plaintiff by his attorney and neither party requiring a Jury this cause is submitted to the Court and the Court and after hearing the evidence do find that upon sale of said negro slave by said Thomas Sims and Isham Sims to the said Defendant it was agreed by the said Thomas and Isham in consideration of said sale of said negro that the said note was to be given up to be cancelled in manner and form as to the said Defendant hath above alledged. Therefore it is considered by the Court that said Benjamin W. Cannefax have and recover of the said James Reese his costs and charges in this behalf laid out and expended and that he have execution therefore.
Greene Erskin and Stephen Gore Plaintiffs
vs Petition in debt
John E. Stalling Defendant
This day came the Plaintiffs by their attorney and the Defendant being thrice solemnly called came not nor hath he pleaded to the Plaintiffs said suit but remains therein undefended and the Plaints suit being founded upon an instrument of writing and the demand is ascertained by said instrument the Court do assess the damages and do find that the said John E. Stallings doth owe and stand indebted to the Plaintiffs in the sum of $217.56. Therefore it is considered by the Court that the said Plaintiffs have and recover of the said Defendant the sum of $217.56 and their costs and charges in this behalf laid out and expended for which execution may issue.
p 87.
James Smith, Wm H. Smith
& John Cavender Plaintiffs
vs
J.T. Campbell and Thomas R. Hunt Defenders
And now at this day come the Plaintiffs by their attorney and the said Defendants in their own proper person and the said Defendants say they cannot deny but they are and stand justly indebted to the said Plaintiffs in manner and form as the said Plaintiffs have declared against them and that they are indebted to the Plaintiff in the sum of
$613 and damages. Therefore it is considered by the Court that the said Plaintiffs recover of the said Defendants the said sum of $613 for their debt and damages aforesaid together with costs. They thereof have execution.
George Hood, Abner Hood
and John C. Abbott Plaintiffs
vs Appeal from the Just ices Court
David O. George Defendant
Now at this day come the parties by their respective attorneys and all and singular the premises being fully understood by the Court. The Court do find that the said Defendants are and stand justly indebted to the said Plaintiffs in the sum of $36.95 debt and damages. Therefore it is considered by the Court that the said Plaintiff recover of the said Defendants the sum of $36.95 debt and damage aforesaid together with costs and that they have execution therefore.
p 88.
John B. Camden, Marble Camden
and Peter G. Camden Plaintiffs
vs Petition in debt
John E. Stallings Defendant
Now at this day came the Plaintiffs by their attorney and the Defendant being thrice solemnly called came not but makes default and the Plaintiffs suit being founded on an
(Continued)
145
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
December 1839 Term
p 88. (continued)
instrument of writing and the demand being ascertained said instrument of writing the Court do find that the said Defendant owe and stand justly indebted to the said Plaintiffs in manner and form as the said Plaintiffs have declared against him in the sum of $756.07 debt and $81.90 damages. Therefore it is considered by the Court that this said Plaintiff have recover of the said Defendant the said$756.07 debt and $81.90 damage together with
costs as aforesaid and have execution therefore.
R.W. Sims Plaintiff
vs Trespass on the case
John McDaniel Defendant
Now at this day came the said Plaintiff by his attorney and says he will not further prosecute his said suit but voluntarily suffers the same to be discontinued therefore it is considered by the Court that the said Defendant have and recover of the said Plaintiff his costs and charges in this behalf laid out and expended that he have execution therefore.
p 89.
Thursday Morning December 5th 1839. Court met persuant to adjournment. Present as of yesterday.
L. Hendrick Plaintiff
vs in Chancery
The heirs and representatives
of D.B. Miller, Dec'd. Defendants
Now at this day come the complaintant and by leave of the Court files with his bill exhibit No. 2 and on his motion leave is given to except or reply to the plea and answer at the next term of this Court.
Curtis Skinner and James S. Thomas Plaintiffs
vs Petition in Debt
Jno. E. Stallings Defendant
Now at this day came the Plaintiffs by their attorney and the Defendant being solemnly called comes not nor hath he pleaded to the action of the said Plaintiffs but thereof makes default and the suit being founded on an instrument of writing by which the amount of the said demand is fully ascertained the Court do find that the said Defendant owes and stands justly indebted to the said Plaintiff in manner and form as the said Plaintiffs have alledged in the sum of $277.21 debt and $40 for his damages. Therefore it is considered by the Court that the said Plaintiffs recover from the said Defendant the said $277.21 and $40 damages as aforesaid together with costs and that they have execution therefore.
p 90.
Levi Click Plaintiff
vs attachment
A. Botton
Now at this day came the Plaintiff by his attorney and it appearing that the said Defendant cannot be summond it is ordered by the Court that the Defendant be notified that an action of assumpset has been commenced against him his property attached to satisfy the debt for the sum of $200 and that unless he appear at the next term of this Court on or before the third day thereof Judgment will be rendered against him and his property sold to satisfy the same and it is further ordered that this order be published in some newspaper printed in this State four weeks in succession the last insertion to be at least four weeks before the next term of this Court
146
GREENE COUNI'Y, MISSOURI, CIRCUIT COURT CASES
Book B
December 1839 Term
p 90.
State of Missouri Plaintiff
vs Indictment for not keeping road in repair
Thomas Potter Defendant
(Prosecuting Attorney says he will no longer prosecute this cause)
W.L. Brown Plaintiff
vs Petition in debt
C. D. Terrell Defendant
Now this day on motion of said Plaintiff leave is given him to withdraw the instrument sued on.
p 91.
L. Hendricks, Admin. Of James Carter, Dec'd.
vs In chancery
Wm. Fulbright and Henry Fulbright
(Plaintiff petitions to amend his bill)
Smith Brothers and Co. Plaintiff
vs Petition in debt
J.P. Campbell and J.D. Shannon Defendants
Now at this day come the Plaintiffs by their attorney and their motion is in order that an alias writ issue in the above cause against said Defendants.
William Dye Plaintiff
vs Appeal from Justice Court
Henry Collier Defendant
(petition overruled)
p 91.
S & J Kerr surviving partners
vs Petition in debt
B.W. Cannefax
(Plaintiff says will no further prosecute. Court dismisses cause)
Ordered by the Court that capias issue on all indictments to the Sheriff of Greene County and all business not attend to at this term of the Court be continued until the next term thereof. Court adjourned.
p 92.
in vacation
James McBride Judgment
vs debt 300
Robert W. Crawford damages $16.95
I, James McBride the Plaintiff in the above named Judgment do hereby acknowledge satisfaction of the debt, damages and costs in said Judgment be satisfied February 19th 1840.
End of Court Term of December 1839 and "In Vacation".
147
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