Springfield-Greene
County LibraryBOOK E
JANUARY TERM 1861
p 199.
Jacob Majors Plaintiff
vs Civil Action
Joseph Morris & Sylvester R. Larason Defendants
Now at this day comes the Plaintiff by attorney and also Defendants by attorney and the Plaintiff having admitted the counter clauses or set off of Defendant and the facts in the Plaintiff's petition being admitted and 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 $677.37 debt and also the sum of $38.55 damages, after allowing the counter clause aforesaid. 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 of suit and that they have an execution therefor.
State of Missouri Plaintiff
vs Murder
Jacob Heck Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in person and by attorney and on application of Defendant the announcement of being ready for trial by the Defendant is by the Court permitted to be withdrawn whereupon the Court discharged the Jury summoned.
p 200.
Bank of Missouri
vs Sheriff's Deed
James Hughes et al
Now at this day comes Thomas A. Reed who is known to the Court as the Sheriff of Greene County and the person whose name is subscribed to an instrument of writing purporting to be a Sheriff's Deed to William B. Farmer and D.S. Fulbright for the following real estate, viz: N 1/2 Lot 2 SW fcl 1/4 Sect 19 Twp 29 Range 23 except 3 acres sold to G.B. Yound to be laid of S 1/4 in SE corner of S 1/2 Lot also NE 1/4 Sec 17 Twp 29 Range 23 sold by virtue of an execution in the above entitled cause and the said T.A. Reed acknowledged that he executed the same for the purposes therein contained.
State of Missouri Plaintiff
vs Murder
Jacob Heck Defendant
Now at this day comes the Circuit Attorney and Henry Montgomery, E. Ogden and J.H. Price Sr who acknowledged themselves to owe and stand indebted to the State of Missouri in the sum of $200 each to be levied of their respective goods and chattels, lands and tenements to be void on condition that they be and make their personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield, Greene County, Missouri, at an adjourned term of said Court to be holden then and there on the second Monday in June 1861 and testify on behalf of the State in the above entitled cause and not depart said Court without leave.
p 201.
M.N. Carter Plaintiff
vs Civil Action
John Lair & Tyree G. Newbill Defendants
Now at this day comes the Defendant by attorney and by leave of Court withdraws his answer in this cause whereby the said petition of Plaintiff is left wholly unanswered
(cont.)
42
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 201 (cont.)
and the same being founded on an instrument of writing signed by the 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 $1000 debt and $103.63 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendants his said debt and damage and 10% thereon from this time and also costs of such and that he have an execution therefor.
p 202.
City of Springfield Plaintiff
vs Appeal from Recorders Court
Reuben Blakey Defendant
Now at this day the motion to dismiss this cause coming on to be heard the Court being fully advised said motion is sustained and this cause dismissed, It is therefore considered by the Court that the said Plaintiff take nothing by his said suit and that the Defendant be discharged and recover of and from said Plaintiff his costs laid out and expended and have execution therefor.
p 203.
A.H. Beal Plaintiff
vs Civil Action
M.M. Alexander Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court says he will not further prosecute this suit. It is therefore considered by the Court that the Plaintiff take nothing and that the Defendant have his costs laid out and expended and that he have execution therefor.
T.J.M. Hawkins
M.S. Abernathy
S. S. Vinton
P.C. Beal et al
vs Sheriff's Deed
William M. Ross
Now at this day comes Thomas Reed who is known to the Court as Sheriff of Greene County and the person whose name is signed to an instrument of writing purporting to be a Sheriff's Deed to the following real estate, viz: SW 1/4 NE 1/4 and pt NE 1/4 NW 1/4 Sect 16 Twp 30 Range 22 sold by virtue of executors in the above entitled causes and the said T.A. Reed acknowledged that he executed the same for the purposes therein contained.
Ordered by the Court that the Sheriff of Greene County with all convenient speed convey Jacob Heck who stands indicted in this Court for Murder to the Jail of the County of Webster there to remain in custody until the second Monday in June 1861 at which time the Sheriff of Webster County in the State of Missouri is required to have the said Jacob Heck at the Court House or Place of hold Court in the County of Greene, to manage a trial on said charge at an adjourned term of said Court there to be holden.
p 204.
Now at this day comes the Grand Jury and return unto Court the following Bills of Indictment, viz:
State vs James W. Blakey -- Felonious Wounding
State vs Peter Apperson -- Felonious Assault
State vs Marion Thompson and William Thompson -- Disturbing Peace of Family
State vs R.E. Blakey and William N. York -- Disturbing the Peace
(continued)
43
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E.
January Term 1861
p 204 (cont)
State of Missouri vs William N. York -- Felonious Wounding
State of Missouri vs Charles Ham_______ Trespass
State of Missouri vs Peter Cobble -- Disturbing Peace of Neighborhood
State of Missouri vs Samuel Andrews -- Felonious assault
Which said Bills of Indictment are ordered on file and capiases ordered to issue thereon.
State of Missouri Plaintiff
vs Felonious Wounding
William N. York Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in person who says he is guilty in manner and form as charged in the Indictment. Whereupon the Court doth assess as a punishment on said Defendant for commission of the offense a fine of one hundred dollars. It is therefore considered by the Court that the State of Missouri have and recover of and from the Defendant her said fine of one hundred dollars and also costs of suit and that she have an execution therefor.
State of Missouri Plaintiff
vs Felonious Wounding
William N. York Defendant
Now at this day comes the Circuit Attorney who prosecutes and William N. York and Joshua M. Bailey who in consideration that execution be stayed on a Judgment this day rendered for one hundred dollars and costs and the said Defendant released from custody. He will stand as security for the same and if said Judgment be not paid thirty days before the next term of this Court the said J.M. Bailey agrees that execution issue against him in connection with Defendant for said judgment and costs.
p 205.
State of Missouri Plaintiff
vs Disturbing the Peace
William N. York Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in person who says he is guilty in manner and form as charged in the Indictment. Whereupon the Court doth assess a fine on the said Defendant of five dollars for commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from Defendant her said fine and costs and that she have an execution therefor.
State of Missouri Plaintiff
vs Disturbing the Peace
William N. York Defendant
Now at this day comes the Circuit attorney who prosecutes and also the Defendant in person and also Joshua M. Bailey who in consideration that execution be stayed and the Defendant released from custody he will stand as security for the Judgment for fine and costs in the above entitled cause and if the same be not paid 30 days before the next term of this Court he agrees that an execution issue against him in connection with the said Defendant for the same.
p 206. February 2nd 1861
L.A.D. Crenshaw Plaintiff
vs Civil Action
Marcus Boyd and H. Fulbright Defendants
Now at this day comes the Plaintiff by attorney and says he will not further prosecute
(cont)
44
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p. 206 (cont)
this suit. It is therefore considered by the Court that the same be dismissed and that the Defendants have and recover of and from said Plaintiff their costs laid out and expended and that they have an execution therefor.
Robert P. Faulkner Plaintiff
vs Civil Action
Tyree G. Newbill Defendant
Now at this day comes the Plaintiff by attorney and the Defendant being three times called comes not but makes default and it appearing to the satisfaction of the Court that the Defendant has been duly served with process and neither plead answered or demurred to Plaintiff's petition and the same being founded on an instrument of writing signed by the Defendant and the amount ascertained thereby.The Court doth find that the Defendant is indebted to the Plaintiff in the sum of $186.88 debt and also the sum of $14 damages. It is therefore considered by the Court that Plaintiff have and recover of the Defendant his debt and damages aforesaid to bear 10% and also costs of suit and that be have anexecution therefore.
p 207.
John Alexander
vs Civil Action
Edward Teague
Now at this day comes Thomas A. Reed of Greene County who is known to the Court as Sheriff and whose name appears to an instrument of writing purporting to be a Sheriff's Deed to James Alexander for the following real estate viz E 1/2 NE 1/4 Sect 26 and W 1/2 NW sect 25 Township 29 Range 23 sold by virtue of an execution in the above entitled cause and the said T.A. Reed acknowledged that he executed the same for the purposes therein contained.
p 208.
Augustus T. Shappleigh, Thomas D. Day,
Woodward Crittenden, Alfred Lee Plaintiffs
vs Action by Attachment Garnishee
William M. Perkins Garnishee
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that said William M. Perkins had been duly summoned to appear and answer to a Garnishee served on him by the Sheriff of Greene County by virtue of an attachment in favor of the above named Plaintiffs and Wilson Skeen and John M. Davis, Defendants. And the said William Perkins having answered to Plaintiff's interrogations by which he admits that he is indebted to said Wilson Skeen and'J.M. Davis as much as will satisfy the debt of said Plaintiffs. It is therefore considered by the Court that the Plaintiffs recover of and from William M. Perkins and J.M. Sanders his security on a note _____ said Perkins to J.M. Davis the sum of $210.18 the amount of said Plaintiff's debt and also the amount of costs in this behalf laid out and expended and that execution issue therefor after the 14th of February 1861.And also that the said Perkins be further allowed an attorney's fee of $10 to be further credited on his indebtedness to said J.M. Davis and W. Skeen.
45
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 209. Monday 4 February 1861
State of Missouri Plaintiff
vs Rape
Preston Jones Defendant
Now at this day comes the Circuit Attorney and it appearing to the satisfaction of the Court that R.P. Jones, Katherine A. Jones and J.H. Pittman did on the 16 day of Sept 1858 enter into a recognizance with the said Defendant in the sum of $800 for his appearance at the term of the Greene County Circuit Court to answer for an Indictment for Rape and that at the January Term of said Court 1859 said recognizance was declared by the Court forfeited and that afterward the said securities obtained from the Governor of the State of Missouri a remission of the penel sum named in said recognizance but required said securities to pay the costs laid out in this behalf. It is therefore considered by the Court that the State of Missouri have and recover of and from the said R.P. Jones, Catherine Jones and J.H. Pittman securities as aforesaid her costs laid out and expended in this behalf and that she have an execution therefor.
State of Missouri vs Jackson Fleetwood -- Felonious Assault ordered that a scira facias issue to county of Douglas.
State of Missouri vs Joseph Renfroe -- False Pretense ordered that a sciri facias issue of forfeiture of recognizance.
A. and V. Brown vs John Richardson -- Civil Action Motion filed to set aside.
p 210.
Thomas H. Tiller Plaintiff
vs Civil Action
Robert N. Sims Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that Defendant had been duly served with process by publication as the Law directs and having neither plead, answered or demurred to Plaintiff's petition and the same being founded on an instrument of writing signed by Defendant and the amount ascertained thereby the Court doth ascertain that the Defendant is indebted to Plaintiff in the sum of $126 debt and damage. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs of suit and that he have an execution thetefor.
John Bedford Plaintiff
vs Civil Action
William Coyn and
William T. Trobridge Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants have been duly served and notified as the Law directs and being called come not but make default and neither plead, answer or demur to Plaintiff's petition. The Court doth find that Plaintiff ought to have Judgment against said Defendants but it not appearing to the Court what amount Plaintiff ought to recover. It is ordered that an enquiry of damages be awarded to the next term of this Court to ascertain to what amount the Plaintiff is entitled to which time this cause is continued.
P 211.
Robert P. Faulkner Plaintiff
vs Civil Action
James M, Barker Defendant
Now at this day comes the Plaintiff by attorney and the Defendant having heretofore filed his answer and the Plaintiff admitting the set off therein planned and the
(continued)
46
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 211 (cont)
Plaintif's petition being founded on an instrument of writing signed by the Defendant and the amount ascertained thereby the Court doth find from an examination of the same that the Defendant is indebted to Plaintiff in the sum of $3321.23 debt and also the sum of $697 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage and the same to bear interest as per the instrument sued on and also his costs laid 0ut and expended and that he have an execution therefor.
Henry Sheppard
John S. Kimbrough Plaintiffs
vs Civil Action by Garnishee
A.S. Adams Garnishee
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the said Garnishee has wholly failed to reply to the denial of Plaintiff to Garnishees answers filed at the last term of this Court. It is considered by the that Plaintiffs ought to have Judgment against said Garnishee in this behalf but it not appearing to what amount Plaintiff is entitled to recover. It is ordered that an enquiry be had on or before the 6th day of the next term of this Court to ascertain what amount Plaintiffs shall have Judgment for to which time this cause is continued.
p 212.
Jessie Brashears Plaintiff
vs Civil Action
estate J.H. Kershner Dec. Defendant
Now at this day comes the parties by attorney and having announced themselves ready for trial thereupon came a jury, viz: J.T. Taylor, A.Johnson, J.D. Weatherford, O.E. Kimball, B. Kite, William Byers, W.G. Evans, and E. Compton, eight lawful men whom it is agreed may try said cause and being sworn to try the issue and a portion of the evidence being heard thereupon came the Plaintiff and says he will take a non-suit with leave to move to set the same aside. It is therefore considered that the Plaintiff take nothing by his suit and that the Defendant have and recover of and from the Plaintiff his costs laid out and expended and that he have an execution therefor.
p 213.
State of Missouri Plaintiff
vs Disturbing The Peace
William Thompson and Marion Thompson Defendants
Now at this day comes the Defendants by their attorney and by leave of the Court files their petition for a Change of Venue in this cause.
State of Missouri Plaintiff
vs Felonious Assault
Peter Apperson Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant Peter Apperson and W.H. Frazier and J.A. Foster who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $500 to be levied of their respective goods and chattles, lands and tenements to be void on condition that the said Peter Apperson shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences at the Court House in Springfield on the first Monday in August 1861 and answer to a Bill of Indictment for a Felonious Assault and not depart said Court without leave.
47
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p. 214.
State of Missouri Plaintiff
vs Felonious Wounding
Samuel Andrews Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant Samuel Andrews and R.Q. Banfield who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $500 to be levied of their goods and chattels, lands and tenements to be void on condition that the said Samuel Andrews shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences on the first Monday in August 1861 and answer to a Bill of Indictment preferred against him for a Felonious Wounding and not depart said Court without leave.
Henry Sheppard and
J.S. Kimbrough Plaintiffs
vs Civil Action
Caleb N. Headlee Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant had been duly served by publication and has failed to answer plead or demur to Plaintiff's petition the same is by the Court considered as admitted to be true. And it not appearing how much Plaintiff is entitled to, it is ordered by the Court that an enquiry be made and unless good cause be shown to the contrary by the 14th day of the present term of this Court the amount due Plaintiff will be ascertained and this Judgment will be made final.
p 215.
James T. Campbell &
Joseph Weaver Plaintiffs
vs Civil Action.
R.K. Boyd, John R. Earnest,
John Murray, Joseph B.M. McElhanon,
G.B. McElhanon, James Jones
and Nathan Robinson Defendants
Now at this day comes the Plaintiff by attorney and the said Defendants being three times called come not but make default and it appearing that said Defendants have been duly served with process and neither pleading, answering or demurring to Plaintiff's 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 the Plaintiffs in the sum of $1893.84 debt and damage. It is therefore considered by the Court that the Plaintiffs have and recover of and from Defendants their said Debt and Damage and also costs of suit and that they have an execution therefor.
p 216. Tuesday, February 5th, 1861.
William J. McAdams &
Edwin J. McAdams Plaintiffs
vs Civil Action
Alexander Braden Defendant
Now at this day this cause coming on to be heard and the Defendant having wholly failed to plead, answer or demur to the Plaintiff's petition though properly notified of the pendency of this suit by publication in a newspaper published in said County of Greene proof of which publication is to the satisfaction of the Court made but is in default. It is therefore considered by the Court that Plaintiffs have and recover Judgment against said Defendant and that unless for good cause shown on or before the sixth day of the (continued)
48
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 216. (continued)
next term of this Court to be begun and held at the Court House in said County in June on the first Monday of August 1861 this Judgment be set aside the same will be made final and the lien in Plaintiff's petition mentioned be inforced and that the amount of the indebtedness of Defendant to Plaintiffs may be ascertained. It is further ordered by the Court that a Writ of Inquiry of damages issue in this cause returnable to the next term of this Court.
Branham H. Woodson Plaintiff
vs Civil Action
John M. Richardson &
George E. Ward Defendants
Now at this day this cause coming on to be heard and neither party requiring a Jury the same is submitted to the Court who after having the allegations and proofs of the parties doth find for the Plaintiff and assess his debt and damages at the sum of $1136.76. It is therefore considered, ordered and adjudged by the Court that said Plaintiff recover of said Defendants said sum of $1136.76 that the same bear interest at the rate of 10% and that said Plaintiff have thereof execution.
p 217.
North and Scott Plaintiffs
vs Civil Action
J.S. Wallace Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that Defendant has been duly notified by publication and being three times called comes not but makes default and having neither plead answered or demurred to Plaintiff's petition and the same being founded on an instrument of writing signed by the Defendant and the amount ascertained thereby the Court doth find from an examination of the same that the Defendant is indebted to Plaintiff in the sum of $445.28 debt and also the sum of $148.40 damages.It is therefore considered by the Court that the Plaintiff have of and from the Defendant his said debt and damages bearing 10% interest and also costs of Suit and that he have an execution therefor.
J.H. Hall and Co Plaintiff
vs Civil Action
James J. Wallace Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that Defendant has been duly notified by publication and being three times called comes not but makes default and having neither plead answered or demurred to Plaintiff's petition and the same being founded on an instrument of writing signed by the Defendant and the amount ascertained thereby the Court doth find from an examination of the same that the Defendant is indebt ed to Plaintiff in the sum of $407.18 debt and $135.70 damages. It is therefore considered by the Court that the Plaintiff have of and from the Defendant his said debt and damages bearing 10% interest and also costs of Suit and that he have an execution therefor.
p 218. Wednesday February 6th, 1861.
Rebecca Payne et al
vs Petition Partition
Daniel Payne et al
Now at this day comes J.K. Gibson of Christian County and files report of sale of land lying in Christian County ordered to be sold in the above entitled cause with a bill of cost viz- Printer's fee $3.00 Commission $3.20 which report is by the Court approved and bill of cost allowed.
49
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861.
p 219.
H.R. Jarratt et al vs Joseph Gott -- Civil Action. Cause continued.
H.R. Jarratt et al vs Joseph Gott -- Civil Action. Ordered amended petition be filed.
P.B. Dean vs William Wells -- Civil Action. Cause continued.
J.R. Edwards, admin vs William J. Cannefax et al -- Civil Action. File assignment of errors in this cause.
J.W. McClung vs Garrison and Tillmon -- Civil Action. Cause continued.
H.L. Crutcher vs Henry King -- Civil Action. Cause continued.
p 220.
John Wood Plaintiff
vs Civil Action to Foreclose Mortgage
Tyree G. Newbill, John Lain &
Richard B. Owen Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that Defendants have been duly served with process and having neither plead, answered or demurred to Plaintiff's petition and being three times called come not but make default. It is considered and adjudged by the Court that Plaintiff ought to have judgment against Defendants by default but it not appearing to the Court what the rights of the parties are nor for what amount Defendants are liable and Plaintiff entitled. It is ordered if good cause be not shown to the contrary by the 6th day of the next term of this Court that this judgment will be made and the equity of redemption in the mortgaged premises mentioned in Plaintiff's petition foreclosed, and the same ordered to be sold to satisfy amount found due to Plaintiff.
Homer F. Fellows Plaintiff
vs Civil Action to Foreclose Mortgage
Ceola R. Hughes and
James Hughes Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that Defendants have been duly served with process and having neither plead, answered or demurred to Plaintiff's petition and being three times called come not but make default. It is considered and adjudged by the Court that plaintif have Judgment by default and that if good cause be not shown on or before the 6th day of the next term of this Court why the same should be set aside the same will be made final and the equity of redemption in the mortgaged premises mentioned in Plaintiff's petition will be foreclosed and the same ordered to be sold to satisfy the Same.
p 221.
Mercer Moody Plaintiff
vs Civil action
N.F. Jones, G.W. Jones
and James S. Jones Defendants
Now at this day comes the Plaintiff by his attorney and by leave of Court says he will dismiss the cause as to G.W. Jones and the said N.F. Jones and James S. Jones being duly served and three times called come not but make default and having failed to answer or plead to Plaintiff's petition and the same being founded on an instrument of writing signed by the Defendants and the amount ascertained thereby the Court doth find that the Defendants are indebted to Plaintiff in the sum of $1413.61 debt and damages. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendants his said debt and damages to bear 10 % interest and also costs of suit and that he have an execution therefor.
50
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861.
p 221.
G.R. Shackelford
vs Sheriff's Deed
C.B. Deeds
Now at this day comes T.A. Reed who is known to the Court as Sheriff of Greene County and the person whose name is subscribed to an instrument of writing purporting to be a Sheriff's Deed to G.P. Shackelford for the following real estate viz in Lots 5 and 6 NW fcl 1/4 Sect 1 Twp 29 Range 22 and W 1/2 Lot 4 NE fcl 1/4 Sect 1 SW 1/4 Lot 7 NE fcl 1/4 Sect 1 Twp 29 Range 22 sold by virtue of an execution in the above entitled cause and the said T.A. Reed acknowledged that he executed the same for the purposes therein contained.
p 222.
Hubble McAdams and Co Plaintiff
vs Civil Action
A.J. Smith Defendant
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that Defendant has been duly served with process and being called three times comes not but makes default and neither plead, answered or demurred to Plaintiff's petition. The Court doth consider that Plaintiffs have judgment by default, and it not appearing to the Court what amount Plaintiffs ought to recover. It is ordered that an enquiry be had at the next term of this Court to ascertain the amount due Plaintiffs by Defendant and this judgment made final.
p 223. Thursday Feb. 7, 1861
C.R. Fulbright Plaintiff
vs Civil Action
Fendan C. Cason Defendant
Now at this day comes the Defendant by attorney and by leave files his motion to dismiss this cause for want of prosecution which said motion is by the Court sustained. And said cause by the Court is dismissed. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his costs laid out and expended and that he have execution therefor.
Holland and Bigbee Plaintiff
vs Civil Action
J.M. Barker Defendant
Now at this day comes the Plaintiff and files his petition and also the Defendant who files his answer by which he says he is indebted to Plaintiff in the sum of $282.16 and confessed judgment in favor of Plaintiffs for that sum. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendant his said debt of $282.16, bearing 10%, and also costs of suit and that they have an execution therefor.
p 224.
John Gibson & William S. Hancock Plaintiffs
vs Civil Action
J.M. Barker Defendant
Now at this day comes the Plaintiff and files his petition and also the Defendant and files his answer by which he says he is indebted to Defendants for the sum of $267.76, and confesses judgment in favor of Defendants for that Sum. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant the said debt of $267.76 bearing 10% and also their costs and that they have an execution therefor.
51
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 224.
James W. Boren Plaintiff
vs Appeal From J.P.
Littleberry Hendrick Defendant
Now at this day come the parties and it is agreed that the Judgment be rendered against said Defendant in favor of said Defendant in favor of said Plaintiff for the sum of $28. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant and Isaac Dyer his security in appeal bond the said sum of $28 and also costs of suit and have an execution therefor.
p 225.
Samuel Woods, J.T. Morton
and Sarah Edmonson Plaintiffs
vs Civil Action
A.F. Smith et al Defendants
Now at this day comes the Plaintiffs by attorney and say they will not further prosecute this Suit and asks leave to withdraw exhibits filed. It is therefore considered by the Court that the same be dismissed and Plaintiffs have leave to withdraw exhibits filed and that Defendants have and recover costs laid out and expended and have execution therefor.
J.E. Smith Plaintiff
vs Civil Action
David Parker et al Defendants
Now at this day comes the Plaintiff by his attorney and says he will not further prosecute this suit. It is therefore considered by the Court that the same be dismissed and that the Defendants have and recover of and from Plaintiff their cost laid out and expended and that they have execution therefor.
p 226.
John L. Ramey et al Plaintiffs
vs Civil Action
Sarah Edmonson Defendant
Now at this day come the parties by attorney and having announced themselves ready for trial thereupon came a Jury viz N. Philips, John McElhaney, John Johnson, William Justice, T.B. Ward, William M. Morris, W.M. Garrett, David Hardin, J.M. Hall, John Thurman, J.F. Brown and E.R. Fulbright, twelve good and lawful men who being elected tried and sworn to try the issue having heard a portion of the evidence and there not being time to complete the same are permitted to disperse under charge of the Court until tomorrow 9 o'clock.
p 227.Friday February 8th 1861
John L. Ramey et al Plaintiffs
vs Civil Action
Sarah Edmonson Defendant
Now at this day come again the parties as also the Jury impannelled yesterday and say they will take a non-suit with leave to move to set the same aside. It is therefore considered by the Court that Plaintiff take nothing by his suit and that Defendant have and recover of and from Plaintiffs their costs laid out and expended and have execution therefor.
52
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 228.
James F. Hornbeak Plaintiff
vs Civil Action
Fendal C. Cason Defendant
Now at this day comes the Plaintiff by attorney and the Defendants answer being by the Court striking out and it appearing to the satisfaction of the Court that Defendant had been duly notified by publication as the Law directs and being three times called comes not but herein makes default. And the Court doth find from an examination of the evidence adduced that Defendant is indebted to Plaintiff in the sum of $215.34 debt and also the sum of $382.15 damages. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant the said debt and damage aforesaid and also costs of suit and that the real estate attached, viz be sold to satisfy the same and that a special fira facias issue to sell the same.
Anderson Johnson Plaintiff
vs Civil Action
John Thurman &
J.W. Ramey Defendants
Now at this day comes the parties by attorney and having announced themselves ready for trial, thereupon came a Jury, viz J.T. Morton, W. G. Gray, J.T. Morton, Thomas Epperson, B.H. Edmonson, W.B. Roper, C.A. Young and N. Massey, eight lawful men who by agreement try this cause, who being duly elected tried and sworn to try the issue joined having heard a part of the testimony and there not being time to complete the same said Jury are permitted to disperse under charge of the Court until tomorrow nine o'clock.
p 228/229.
R.J. McElhaney, Jaggard and Co
vs Civil Action
J.M. Barker Defendant
Now at this day comes the Plaintiff and files his petition and the Defendant also appears and waves the necessity of services of notice and the cause is submitted to the Court and the Court doth find from an examination of the note filed with Plaintiffs petition that Defendant is indebted to Plaintiff in the sum of $150 debt and also $1.45 damage. It is therefore considered by the Court that the Plaintiffs have and recover of and from said Defendant his said debt and damages and also costs of suit and that they have execution.
p 229
Now at this day comes the Grand Jury and returns into Court the following true bills of Indictment, viz:
State vs David Steel, H.I. Davis and Washington Davis -- disturbing the peace of a family.
State vs Robert Edmonson, Benjamin Edmonson, John Edmonson, William Edmonson, Volney
Massey, G. Lewis, Henry Illsby, Robert Ellison, Stiltman Beach, Samuel Austin, Robert Mathis, John Mathis, Benjamin Stone, William Williamson, Nathaniel Jeffries and Robert Jeffries -- for disturbing peace of family.
State vs Joseph Shakely -- Cruelty to Animal.
State vs James Dickens and John Dickens -- disturbing religious assembly
State vs J.M. Johnson -- cruelty to an animal
State vs ________ ________ Forgery
(continued)
53
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 229. (cont)
State vs Rupe -- Selling Liquor Without License
State vs Thomas H. Boston -- Disturbing Religious Meeting
State vs A.M. Goddard -- Selling Liquor to a Slave.
State vs Rupe -- For Gaming.
State vs Rupe -- Selling Liquor Without License.
State vs Joshua Creson -- Disturbing Peace of Family.
State vs R.E. Blakey and Mille Reed -- Gaming
State vs R.E. Blakey and Mille Reed -- Playing Cards on Sunday.
State vs Edward Galum -- Solemnizing Marriage Unlawfully.
State vs Albert Demoth and Jack Sislo -- Disturbing Religious Meeting.
State vs N.S. Richmond -- Felonious Assault.
State vs William J. Cannefax -- Gaming
State vs William Farmer -- Wounding a mare.
State vs William Farmer Jr and William B. Farmer -- Wounding Cattle.
State vs John W. Lingo and A.M. Goddard -- Gaming
State vs John Dickens, James Dickens, William Dickens,
Samuel Foster, John Foster, Calvin Rector,
Solomon Dickens, Reese Gott, Joseph Gott,
Lee Roberts, James White, Lewis Banfield,
John Daniels and Charles Thornhill -- Trespass and Disturbing the Peace.
State vs R.A.M. Rose, Charles Bacon and John Smith -- Disturbing Peace of Neighborhood.
p 230.
State vs James Dickens, John Foster, Samuel Foster,
Stephen Chandler, John Dickens, Solomon Dickens,
Charles Thornhill, Thomas Dickens,
William Dickens and Lewis Banfield -- Disturbing peace of Family.
State vs Daniel Bul _____, Oliver West, Newton Booker,
John Keltner, Harrison Keltner, Thomas McCauley,
John Sanders, George Sanders -- Disturbing Peace of a Neighborhood.
All of which said Bills of Indictment is ordered to be filed and capias to issue thereon, and there being no further business for said Grand Jury, said Jury is by the Court discharged.
p 230. Saturday February 9th 1861.
James Weaver vs R.G. Abernathy -- Civil Action Cause Continued.
John S. Raney et al vs Sarah Edmonson -- Civil Action Files motion to set aside.
Josiah P. Cain vs Thomas J. Bridges -- Civil Action Cause continued.
p 231.
J.E. Smith Plaintiff
vs Civil Action
Alexander Braden Defendant
Now at this day comes the Plaintiff by attorney and no cause being shown why the interlocutory judgment rendered at the last term of this Court should be set aside, the Court doth find from the evidence aduced that the Plaintiff performed the work and furnished the materials named in his petition at the instance of Defendant and that therefor Defendant is indebted to Plaintiff for the same in the sum of $271.95 for said work and materials and the Court doth find that said labor and materials were performed and placed on a framed house situate on South part of Lot No 9 Block No 2 in the city of Springfield. The fee simple of the title of said land being in John T. Smith. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of & from the Defendant his said debt and also costs of suit and that said mechanics be informed and that a special fi fa issue requiring the Sheriff to sell the house described and situate as aforesaid to satisfy the mechanics aforesaid.
54
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E.
JANUARY TERM 1861
p 231.
A.L. Galbraith and A.J. Klepper Plaintiffs
vs Civil Action
C.F. Drumright et al Defendant
Now at this day comes the Plaintiff by his attorney and says by leave of Court he will not further prosecute this suit. It is therefore considered by the Court that the same be dismissed and that the Defendants have and recover of and from Plaintiffs their costs laid out and expended and that they have an execution therefor.
A. Johnson Plaintiff
vs Civil Action
John Thurman and J.W. Ramey Defendants
Now at this day again comes the Jury and having heard the testimony and instructions of Court upon their oath say they find the issue for Plaintiff and assess his damage at nineteen dollars and twenty five cents. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendants his said damage and alsocosts of such laid out and expended and that he have execution therefor.
p 232 Divorce Previously extracted.
p 233.
E.B. Miller et al Plaintiff
vs Civil Action
J.J. Weaver et al Defendant
Now at this day comes the Plaintiff by attorney and on his motion P.S. Wilks is by the Court appointed guardian ad litem for Martha Haden, Judith Haden, Gabrilla Haden, Joel Haden, John (alias Jack) Haden and Mary Haden, minor heirs of Louisiana Haden, deceased.
p 234. Monday July 11, 1861.
Mary Rose
vs Sheriff's Deed
J. Rose et al
Now at this day comes Henry Matlock who is known to the Court as the Former Sheriff of Greene County and the person whose name appears to an instrument of writing purporting to be a Sheriff's Deed to Henry J. Rose for the W 1/2 SW 1/4 Sect 26 Twp 29 Range 23, sold for partition in the above entitled cause and the said acknowledged that he executed the same for the purposes therein contained.
p 235.
Thomas J.N. Hawkins Plaintiff
vs Civil Action
Robert N. Sims Defendant
Now at this day comes the Plaintiff by his attorney and no good cause having been shown why the said interlocutory judgment rendered at the last term of this Court should be Set aside and the enquiry being submitted to the Court, the Court doth find from the evidence aduced that the Defendant is indebted to Plainiff in the sum of $1484.94 debt and $59.39 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of-and from Defendant his said debt and damage and also costs of suit laid out and expended and that the property attached be sold to satisfy the same and a special fi fa issue therefor.
55
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JAN TERM 1861
Thomas J.M. Hawkins Plaintiff
vs Civil Action
Robert N. Sims Defendant
Now at this day comes the Plaintiff by his attorney and no good cause having been shown why the said interlocutory judgment rendered at the last term of this Court should be set aside and the enquiry being submitted to the Court, the Court doth find from the evidence adduced that the Defendant is indebted to the Plaitiff in the sum of $145.43 debt and also $8.72 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs of suit laid out and expended and that the property attached be sold to satisfy the same and a special fi fa issue therefor.
p 235/236.
M.L. Abernathy Plaintiff
vs Civil Action
Robert N. Sims Defendant
Now at this day comes the Plaintiff by his attorney and no good cause having been shown why the said interlocutory judgment rendered at the last term of this Court should be set aside and the enquiry being submitted to the Court, the Court doth find from the evidence adduced that the Defendant is indebted to the Plaintiff in the sum of $158 debt. It is therefore considered and adjudged by the Court that the Plaintiff have and recover from Defendant his said debt and damage and also costs of suit and that the property attached be sold to satisfy the same and that a special fi fa issue for the same.
p 236.
T.J.M. Hawkins Plaintiff
M.L. Abernathy
vs Civil Action
Robert V. Sims Defendant
Now at this day comes the Plaintiffs by attorney and no good cause being shown why the interlocutory judgment rendered at the last term of this Court should be set aside and the cause being submitted to the Court, the Court doth find from the evidence adduced doth find that the Defendant is indebted to Plaintiff in the sum of $140.69 debt and also the sum of $4.25 damage. It is therefore considered by the Court that the Plaintiff have and recover from the Defendant his said debt and damage and also costs of Suit and the property attached be sold to satisfy the same and that a special fi fa issue for the same.
John L. Raney Plaintiff
vs Civil Action
Sarah Edmonson Defendant
Now at this day comes the motion filed to set aside the non-suit taken in this cause on to be heard, the Court being advised, said motion is by the Court overruled whereupon comes the Plaintiff by attorney and by leave of Court files his bill of exceptions in this cause.
p 237.
State of Missouri Plaintiff
vs Felonious assault
James Blakey Defendant
Now at this day comes the Defendant and Reuben E. Blakey as his securiry who acknowledge themselves to stand indebted to the State of Missouri in the sum of $500 to be
(continued)
56
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 237 (cont)
levied of their respective goods and chattels, lands and tenements to be void on condition that the said James Blakey shall be and make his personal appearance at the Court House in Springfield on the first Monday in August, next, and answer to a Bill of Indictment preferred against him for a Felonious Assault and not depart said Court without leave.
State of Missouri Plaintiff
vs Felonious Assault
N.S. Richmond Defendant
Now at this day comes the said Defendant and S.J. Whitlock and J. Creson as his security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $500 to be levied of their respective goods and chattels, lands and tenements to be void on condition that the said N.S. Richmond shall be and make his personal appearance at the Court House in Springfield on the first Monday in August, next, and answer to a Bill of Indictment preferred against him for a Felonious Assault and not depart said Court without leave.
Arnold and Drumright Plaintiffs
vs On An Injunction
A.L. Galbraith A.J. Klepper Defendants
Now at this day comes the Defendants by attorney and the motion to dissolve the injunction in this cause coming on to be heard the Court being advised said motion is by the Court sustained and said Injunction dissolved and it is further ordered by the Court that an enquiry be had at the regular term of this Court to be holden on the first Monday in August, next, to ascertain the damage to which Defendants are entitled by reason of said Injunction, to which time this cause is continued.
p 238.
M.M. McClure et al
vs Sheriff's Deed
James Adams
Now at this day comes T.A. Reed who is known to the Court as the Sheriff of Greene County and the person whose name is subscribed to an instrument of writing purporting to be a Sheriff's Deed to Peter Burns for the SW 1/4 NW 1/4 and E 1/2 NW 1/4 Sect. 14 TWP 29 Range 21 sold by virtue of an execution in the above entitled cause. And the said T.A. Reed acknowledged that he executed the same for the purposes therein contained.
p 238. Tuesday February 12, 1861.
John L. Raney et al vs Sarah Edmonson -- Plaintiff files affidavit for appeal and Appeal Bond Appeal granted to Supreme Court.
William Byers vs John Butterfield -- Plaintiff files affidavit for appeal and Appeal Bond Appeal granted to Supreme Court.
p 239.
Henry Sheppard and John S. Kimbrough Plaintiffs
vs Civil action.
Caleb N. Headlee Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the Court that there is no cause why the interlocutory judgment rendered at the present term of this Court should be set aside and the Court doth find from an Examination of the instrument sued on that the Defendant is indebted to Plaintiff in the sum of $125.86 debt and also
(cont)
57
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 239 (cont)
the sum of $26.22 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his debt and damage and also costs of suit and that the said Plaintiff have special fi fa for the same and that the effects attached and garnished be sold and appropriated to pay the same.
Myer and Braun
vs Sheriff's Deed
William H. Hunt
Now at this day comes T.A. Reed who is personally known to the Court as the Sheriff of Greene County and the person whose name is subscribed to an instrument of writing purported to be a Sheriff's Deed ;to Theodore Myer and Frederick Braun for the following real estate, viz Lying in Greene County and being a part of SE 1/4 SE 1/4 Sect 14 TWP 29 Range 22 in the city of Springfield, Missouri, sold by virtue of an execution in the above entitled cause and the said T.A. Reed acknowledged that he executed the same for the uses and purposes therein contained.
p 240.
John How
vs Sheriff's Deed
J.F. Brown
Now at this day comes T.A. Reed who is known to the Court as the Sheriff of Greene County and the person whose name is subscribed to an instrument of writing purporting to be a Sheriff's Deed to John How for the following described real estate, viz A part of the SE 1/4 SE 1/4 Sect 14 TWP 29 Range 22 and being in the city of Springfield, Missouri, sold under execution in the above entitled cause and the said T.A. Reed acknowledged that he executed the same for the purposes therein contained. Ordered by the Court that all causes and motions not otherwise disposed of be continued until second Monday in June, next.
58
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