Springfield-Greene
County LibraryJanuary Term 1863
Book E
p 576/577.
Elisha Headlee, admin estate
of William Parrish, Deceased Plaintiff
against Civil Action
B.C. Hardin, David Snodgrass,
Morris R. Hardin Defendants
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that the Defendants have been duly served with process and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a Promissory Note for the direct payment of money and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $322.O8 for his debt and $93.93 for his damages. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants his said debt and damage as well as costs in this behalf laid out and expended that execution may issue therefor and that this judgment bear 10% interest.
p 577.
Divorces previously extracted and published.
p 577/578.
(Part of this cause lost due to torn corner of page)
Elisha Headlee, Public Administrator
of Greene County. Plaintiff
vs Civil Action
Samuel Fulbright, William H. Coker,
Daniel N. Pulbright, Ephraim R. Fulbright,
David L. Fulbright Defendants
Now at this day ((torn area)) by attorney and dismisses this suit ((torn area)) and David L. Fulbright and it appearing ((torn area)) of the Court that Defendants Samuel Fulbright, William H. Coker and Ephraim R. Fulbright had been duly notified by by publication in the Springfield Journal for four successive weeks the last insertion at least 4 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 the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $2126.42 for his debt and also $645.57 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants his said debt and damage as well as his costs in this behalf laid out and expended and execution issue therefore and this judgment 10% interest and that Plaintiff have leave to withdraw the original note by leaving a copy of the same.
p 578.
Bank of State of Missouri Plaintiff
vs Civil Action
Thomas D. Wooten, Turner Goodall,
Joshua M. Bailey Defendants
Now at this day comes the Plaintiff by attorney and asks leave to file his amended petition in this cause which by the Court is granted.
31
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 579.
Bank of State of Missouri Plaintiff
vs Civil Action
James H. Christian, James M. Barker,
William C. Christian, Robert P. Faulkner,
Wiley M. Horton Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to James H. Christian, James M. arker, W.C. Christian and it appearing to the satisfaction of the Court that the Defendant Robert P. Faulkner had been served with process and the other Defendants in this cause had been notified as the Law directs by publication in the Springfield Journal, a newspaper published in the State of Missouri, for four weeks successively, the last insertion at least four weeks before the first day of the present term of this Court and this action being founded on a Bill of Exchange for the direct payment of money and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this Court doth find upon an examination that Defendants are indebted to Plaintiff in the sum of $3000 for debt and also $353.50 interest and also $120 damage for non-payment. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants its said debt, interest and damage as well as cOsts in this behalf laid out and expended and that a special fi fa issue against the following described real estate levied on the property of Wiley M. Horton, viz: W 1/2 of NE 1/4 Sect 27 except a space 2 rods in width commencing at the NE corner and running with the Section West so far as to enclose the Creek and NW 1/4 of Section 27 except 40 acres on the SW corner to be laid so as to secure to the said Wiley M. Horton all the improvementsNow under fence all in Township 29 Range 22 and all or so much thereof as is necessary be sold to satisfy said execution.
p 580.
Bank of the State of Missouri Plaintiff
vs Civil Action
Patrick H. Edwards, Warren H. Graves,
A.C. Graves, Wade H. Burden Defendants
Now at this day comes the Plaintiff by attorney and dismisses this Suit as to Patrick H. Edwards, A.C. Graves, C.H. Graves and W.H. Burden, and it appearing to the Satisfaction of the Court that the Defendant, Warren H. Graves has been 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 the same is taken as confessed and this action being founded on a Bill of Exchange for the direct payment of money whereby the Court doth find on an examination of the same that Defendant is indebted to Plaintiff in the sum of $200 for debt also $16.96 interest as well as $8 damage for the non-payment of the same. It is therefore considered by the Court that the Plaintiff have and recover of and froni said Defendant his said debt, interest and damages as well as his costs in this behalf laid out and expended.
p 580/581.
Bank of the State of Missouri Plaintiff
vs Civil Action
J.M. Bailey, T.D. Wooten,
M.M. McCluer, James Vaughan Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant J.M. Bailey, M.M. McCluer and James Vaughan, have been served with process at least 15 days previous to the first day of the present term of this Court and the Defendant, T.D. Wooten, notified by publication in the Springfield Journal, a newspaper published in the State of Missouri, for four successive weeks the
(continued)
32
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 580/581 (cont)
last insertion at least four weeks before the first day of the present term of this Court and the Defendants having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a Bill of Exchange whereby the Court doth find upon an examination of the same that Defendants are indebted to Plaintiff in the sum of $3000 for its debt and $267 interest and also $120 for its damage for non-payment. It is therefore considered by the Court that Plaintiff have and recover of and from said Defendants its said debt, interest and damage as well as costs in this behalf laid out and expended and that execution issue therefor and that a special fi fa issue against the real estate of the said T.D. Wooten the undivided one-half of the following described real estate 1/2 NW 1/4 Sect 33 TWP 29 Range 21 W E 1/2 NW 1/4 Sect 33 TWP 29 Range 21 NE 14 of Sect 33 TWP 29 Range 21 and all or so much of as is necessary thereof be sold to satisfy said execution.
p 581/582.
Bank of State of Missouri Plaintiff
vs Civil Action
Marshall C. Murray, William L. Murray
Zachariah Sims & James C. Murray Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to William L. Murray and James C. Murray and it appearing to the satisfaction of the Court that the Defendant Zachariah Sims had been served with process as the Law directs and the Defendant Marshall C. Murray had been duly notified by publication for four successive weeks the last insertion at least four weeks previous to the first day of the present term of this court in the Springfield Journal, a newspaper published in the State of Missouri, and having failed to plead, answer or demur to Plaintiff's petition the sarne is taken as confessed and this action being founded on a Bill of Exchange for the direct payment of money whereby the Court dot h find on an exarnination of the same that Defendants are indebted to Plaintiff in the sum of $450 debt and $40.05 interest as well as $18 damage for non-payment of same. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant its said debt, interest and damage as well as his costs laid out and expended in this behalf and that execution issue against the following described real estate, viz: Lot #1 NW fcl 1/4 Sect 7 TWP 29 Range 23, also Lot #2 NW fcl 1/4 Sec 7 TWP 29 Range 23 and all or so much thereof as is necessary be sold to satisfy said execution.
p 582.
Bank of State of Missouri Plaintiff
vs Civil Action
J.H. Miller, W.H. Henslee,
F.M. Fulbright, J.M. Carthell Defendants
Now at this day comes the Plaintiff by attorney and dismisses this Suit as to Francis M. Fulbright and it appearing to the satisfaction of the Court that the other Defendants in this cause have been served with process by summons 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 the same is taken as confessed and this action being founded on a Bill of Exchange and the amount ascertained whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $2000 debt and $164 for interest and also $80 damage for non-payment of said debt. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants its said debt, interest and costs that execution issue therefor as well as costs in this behalf laid out and expended and this judgment bear 10% interest.
33
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 583.
Bank of State of Missouri Plaintiff
vs Civil Action
Wiley B. Roper, Lewis A.D. Crenshaw,
Josiah Leedy
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant Wiley D. Roper had been duly notified by publication in the Springfield Journal, a newspaper published in the State of Missouri, for four weeks successively, the last insertion being at least four weeks before the first day of the present term of this Court and that the Defendants Lewis A.D. Crenshaw and William H. Henslee had been served with process by summons 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 the same is taken as confessed and this action being founded on a Bill of Exchange whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $600 for his debt and $48.42 for interest and $24 damage for non-payment of the same. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants its said debt, interest and damage as well as costs in this behalf laid out and expended for which execution may issue and this judgment bear 10% interest and that a special fi fa issue against the following described real estate, viz: part of SE 1/4 of SE of SW 1/4 Section 36 Township 30 Range 22 containing 10 acres more or less and all or so much thereof as is necessary be sold to satisfy said execution.
p 583/584.
Bank of State of Missouri Plaintiff
vs Civil Action
Gabriel Freeman, Lemuel H. Freeman 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 by publication in the Springfield Journal, a newspaper published in the State of Missouri, for four successive weeks the last insertion at least 4 weeks before the first day of this present term of the Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a Bill of Exchange and the amount ascertained whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $1000 debt and $61.50 interest and $40 damages for non-payment of the same. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants its said debt and Interest and damage as well as costs in this behalf laid out and expended and that a special fi fa issue against the following described real estate: E 1/2 Lots 1 and 2 NE E 1/2 SW and SE 1/4 Sect 5 Township 29 Range 21 SW 5W Sect 16 Township 30 Range 20 also ten shares Bank Stock in theBranch Bank of the State of Missouri at Springfield belonging to Gabriel M. Freeman and by suming J.R. Danforth as garnishee and all or so much thereof as is necessary be sold to satisfy said execution.
p 584.
Bank of State of Missouri Plaintiff
vs Civil Action
Elisha Headlee, admin of estate
of Martin v. McQuigg, dec'd
Robert A. Abernathy & A.V. Small Defendants
Now at this day comes the Plaintiff by attorney and asks for an alias writ of attachment as to the Defendants Robert A. Abernathy & A.V. Small and an alias summons as to
(cont)
34
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 584 (cont)
the Defendant Headlee. It is therefore ordered by the Court that said Writ and summons issue.
p 584/585.
Bank of the State of Missouri Plaintiff
vs Civil Action
Samuel Thomas, Samuel S. Vinton,
William C. Hornbeak & Joshua N. Bailey Defendants
Now at this day comes the Plaintiff bv attorney and dismisses this suit as to Samuel Thomas and it appearing to the satisfaction of the Court that the Defendants in this cause had been duly served by summons at least 15 days before the first day of the present term of this Court having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a Bill of Exchange and the amount ascertained whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $360 debt and $30.70 interest and $14 damage for non-payment of same. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants its said debt, interest and damage as well as costs in this behalf laid out and expended for which execution may issue and this judgment bear 10% interest.
p 585.
Bank of the State of Missouri Plaintiff
vs Civil Action
Samuel Thomas, Samuel S. Vinton,
W.C. Hornbeak, Robert P. Faulkner Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Samuel Thornas and it appearing to the satisfaction of the Court that the Defendants in this cause had been duly served by sumtnons at least 15 days before the first day of the present term of this Court having failed to plead, answer or dernur to Plaintiff's petition the same is taken as confessed and this action being founded on a Bill of Exchange and the amount ascertained whereby the Court doth find on an examination of the same that Defendants are indebted to the Plaintiff in the sum of $300 debt and $35.90 interest and $12 damage by reason of non-payment. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants its said debt, interest and damage as well as costs in this behalf laid out and expended for which execution may issue and this judgment bear 10% interest.
Now at this day come the Grand Jury into Court and through their foreman in the presence of the Jurors presented an Indictment against Henry T. Wilson. And having further business retired to consult thereon.
p 586.
John W. Perry & Monroe Ross Plaintiffs
vs Civil Action
William H. Payne Defendant
Now at this day comes the Defendant by attorney and files his motion requiring the Plaintiff to give security for cost and all and singular the premises being seen and fully understood by the Court, the Court doth order that Plaintiffs file their bond as security for costs on or before 60 days previous to the first day of the next term of this Court.
35
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 586.
Aaron Nutt Plaintiff
vs Civil Action
Charles L. Starks Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified by summons at least 15 days before the first day 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 the Court doth find on an examination of the same that Defendant is indebted to Plaintiff in the sum of $346.65 for his debt and also $51.19 for his damages. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damages as well as his costs in this behalf laid out and expended and execution issue therefor and this judgment bear 10% interest.
p 586/587.
Richard S. Gott Plaintiff
vs Civil Action
C.S. Stiles Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified by summons at least 15 days before the first day 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 two promissory notes for the direct payment of money and the amount ascertained whereby the Court doth find that Defendant is indebted to Plaintiff in the sum of $100 for his debt and $23.32 for his damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damages as well as his costs in this behalf laid out and expended and execution issue therefor and this judgment bear 10% interest.
p 587,
Samuel S. Vinton Plaintiff
vs Civil Action
Peter C. King, Robert P. Faulkner Defendants
Now at this day comes the Defendant, Robert P. Faulkner, by attorney, and filed in Court his Writ of Error and record from the Supreme Court staying all further proceedings until a hearing by the Supreme Court in this cause and the Defendant files his bond for prosecuting his Writ of Error in this cause and the Defendant in pursuance of said order files his bond for the sum of $5000 with Warren H. Graves and Phillip H. Lamb as his security and On satisfactory eveadence of the identity of the partys and solvency of the bond the Court approves said bond.
p 588.
State of Missouri Plaintiff
vs Larceny
Henry T. Wilson Defendant
Now at this day comes the cause to be heard and it appearing to the satisfaction of the Court that the Defendant has no counsel in this cause. It is therefore ordered by the Court that Hons John S. Waddell and H.J. Lindenbower act as attorneys for Defendant in this cause.
36
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 588.
James Eastham Plaintiff
vs Civil Action
Stephen Blackman Defendant
Now at this day comes the Plaintiff and defendant into open Court and this cause is by leave of Court dismissed and the costs being paid by Defendant the Plaintiff says that he will no further prosecute this cause.
p 588/589.
Bank of the State of Missouri Plaintiff
vs Civil Action
Marshall C. Murray, William L. Murray,
John R. Earnest, Zachariah Sims Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to William L. Murray and it appearing to the satisfaction of the Court that the Defendants Earnest and Sims have been served with process at least 15 days before the first day of the present term of this Court and the Defendant Marshall C. Murray had been duly notified by publication in the Springfield Journal, a newspaper published in the State of Missouri, at least 4 weeks successively the last insertion being at least four weeks before the first day of the present term of this Court and the Defendants having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a bill of exchange for the direct payment of money and the amount ascertained whereby the Court doth find upon an examination of the same that the Defend-ants are indebted to Plaintiff in the sum of $300 for his debt and $26.50 for his damages for interest and $12 for damages for non-payment. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damages for which execution may issue and that this judgment bear 10% interest. It is further ordered that a special execution issue against the following real estate levied on by virtue of the Writ of Attachment in this cause, to wit: Lot #1 of NW fcl 1/4 Section 7 Township 29 Range 23 and Lot #2 NW fcl 1/4 Section 7 Township 29 Range 23 and all or so much thereof as is necessary be sold to satisfy said execution.
p 589/590.
Elisha Headlee, Public Admin.
of Greene County Plaintiff
vs Civil Action
John T. Hardin, John S. McBride,
J.A. Murray Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to John T. Hardin and it appearing to the satisfaction of the Court that the other Defendants had been served with process at least 15 days previous to 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 Defendants are indebted to Plaintiff in the sum of $133.30 for his debt and $42.76 for his damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants his said debt and damage as well as costs in this behalf laid out and expended and for which execution may issue and that this judgment bear 10% interest.
37
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 590.
Elisha Headlee, Public Administrator Plaintiff
vs Civil Action
A.J. Ivy & C. B. Ward Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to C.E. Ward and it appearing to the satisfaction of the Court that the Defendant Ivy had been served with process at least 15 days before the first day of the present term of this Court, having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money. The Court doth find upon an examination of the same that Defendant is in debted to Plaintiff in the sum of $530.62 debt and also $113.62 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants his said debt and damage as well as costs in this behalf laid out and expended and for which execution may issue and that this judgment bear 10% interest.
p 591.
William B. Farmer Plaintiff
vs Civil Action
Turner Goodall & Thomas D. Wooten Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants had been duly notified by publication in the Springfield Missourian, a newspaper published in the State of Missouri, four weeks, the latest insertion at least 4 weeks previous to 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. The Court doth find upon an examination of the same that Defendant is indebted to Plaintiff in the sum of $94.97 debt and also $24.33 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants his said debt and damage as well as costs in this behalf laid out and expended and for which execution may issue and that this judgment bear 10% interest,
p 592/593.
James D. Dollison & James C. Franklin
admin of estate of James Dollison, dec'd. Plaintiff
vs Civil Action
James H. Fagg Defendant
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that Defendant had been duly served with process as the Law directs 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 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. The Court doth find upon an examination of the same that the Defendant is indebted to Plaintiff in the sum of $186.04 for his debt and $58.12 for his damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damage as well as costs in this behalf laid out and expended and for which execution may issue and that this judgment bear 10% interest.
p 593.
Sarah Robbinson Plaintiff
vs Civil Action
J.W. Prophet, Anton Prophet,
I.N. Jones Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been served with process at least 15 days before the
(cont)
38
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 593 (cont)
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. The Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $100 debt and also $29.15 damage. It is therefore considered by the Court that Plaitiff have and recover of and from the Defendant his said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and that this judgment bear 10% interest.
p 593/594.
Wesley Austin Plaintiff
vs Civil Action
Lewis Brashears Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant has been duly notified by publication in the Springfield Journal, a newspaper published in the State of Missouri, for four weeks successively, the last insertion at least four weeks previous to the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true. And this action being founded on a promissory note for the direct payment of money and the amOunt ascertained whereby the Court doth find on an examination of the same that Defendant is indebted to Plaintiff in the sum of $123.19 debt and also $4,15 damage. It is therefore considered by the Court that Plaintiff have judgment interlocutory and unless cause to the contrary be shown on or before the sixth day of the next term of this Court this judgment whall be made final.
p 594.
Mathew M. Alexander Plaintiff
vs Civil Action
Samuel Fulbright, Charles Sheppard Defendants
Now at this day comes the Plaintiff by attorney and it appears to the satisfaction of the Court that the Defendant Charles Sheppard has been duly served with process at least fifteen days previous to the first day of the present terin of this Court and the Defendant Samuel Fulbright has been notified by publication in the Springfield Journal, a newspaper published in the State of Missouri, for four successive weeks before the first day of the present term of this Court and the said Defendants 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 whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $690 debt and also $143 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants his said debt and damage as well as his costs in this behalf laid out and expended and that a special fi fa issue against the following described real estate, viz: W 1/2 of SE 1/4 and W 1/2 of E 1/2 of SE 1/4 all in Section 34 Township 29 Range 22 and all or so much thereof as is necessary be sold to satisfy said execution.
p 594/595.
Columbus C. Williamson, admin of estate
of J.W, Bradshaw, deceased Plaintiff
vs Civil Action
Joseph B. White and Ishmeal Lee Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant, Joseph B. White , had been duly notified by publication
(continued)
39
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 594/595 (cont)
in the Springfield Journal, a newspaper published in the State of Missouri, for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and the Defendant Ishmeal Lee having been served with process at least fifteen days before the present term of this Court and having failed to plead, answer or demur to the Plaintiff's petition the same is taken as confessed. And this action being founded on a promissory note for the direct payment of money whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $300 debt and $52.50 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants his said debt and damage as well as his costs in this behalf laid out and expended and that execution issue therefor.
Columbus C. Williamson, admin of estate
of J.W. Bradshaw, deceased Plaintiff
vs Civil Action
Joseph B. White, Ishmeal Lee Defendants
& Thomas A. Reed Garnishee
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court from the answer of Thomas A. Reed that he has in his possession money belonging to the Defendants to the amount of $87.60 and that he owes them two store accounts which amount to $58.06 making in all the sum of $145.66 wherefore it is considered by the Court that the said Plaintiff have and recover of and from the said garnishee, Thomas A. Reed, the sum of $145.66 and that the said Thomas A, Reed be allowed the sum of $5 for his expenses and trouble in making said answer leaving a balance of $145.66 for which execution may issue.
p 596.
William B. Lay Plaintiff
vs Civil Action
Charles F. Tatum Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly notified by publishment for 4 successive weeks the last insertion at least four weeks before the first day of the present term of this Court in the Springfield Journal, a newspaper published in the State of Missouri 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 Defendant is indebted to Plaintiff in the sum of $135 debt and also the sum of $5.60 damage. It is therefore considered by the Court that Plaintiff have judgment interlocutory and unless cause to contrary be shown at the next term of this Court this Judgment shall be made final.
Thomas J. Bailey Plaintiff
vs Civil Action
J.N. Campbell & Firm composed of
John N. & Leonidas A. Campbell Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been duly notified by publishing for four successive weeks the last insertion at least four weeks previous to the first day of the present term of this Court in the Springfield Journal, a newspaper published in the State of Missouri, 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
(cont)
40
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E.
JANUARY TERM 1863
p 596 (cont)
examination of the same that Defendants are indebted to the Plaintiff in the sum of $1280.57 debt and $214.10 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants their said debt and damage as well as his costs in this behalf laid out and expended and for which execution may issue and that this judgment bear 10% interest.
p 597.
Robert P. Faulkner Plaintiff
vs Civil Action
William H. Henslee Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been served with process at least fifteen days before the first day of the present term of this Court and having failed to plead answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money whereby the Court doth find on an examination of the same that Defendant is indebted to Plaintiff in the sum of $192.25 for his debt and also $60.18 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants their said debt and damage as well as his costs in this behalf laid out and expended and for which execution may issue and that this judgment bear 10% interest.
Thomas J. Bailey Plaintiff
vs Civil Action
John A. Miller & Co, a firm composed
of John A. Miller & James S. Jones Defendants
Now at this day comes the Plaintiff by attorney and dismisses this Suit as to James S. Jones and it appearing to the satisfaction of the Court that the Defendant had been duly served with process at least fifteen days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note 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 $200 debt and $51.62 damage. It is considered by the Court that Plaintiff have and recover of and from the Defendants their said debt and damage as well as his costs in this behalf laid out and expended and for which execution may issue and that this judgment be ar 10% interest.
p 598.
Henry McKinley Plaintiff
vs Civil Action
Benjamin E. Burns and Peter Burns Defendants
Now at this day comes the Plaintiff by attorney and by leave of the Court dismisses this suit and leave given to withdraw the instrument sued on by leaving a copy of the Same.
p 598.
State of Missouri Plaintiff
vs Breaking the Sabbath
Peter Goff Defendant
Now at this day the Circuit attorney who prosecutes in behalf of the State and the Defendant in his own proper person and by attorney and by agreement and consent of Counsel this case was tried before the Court and the evidence being heard and all and singular the premises being seen and fully understood by the Court, the Court doth find the Defendant, Peter Goff, guilty in manner and form as indicted. It is therefore (continued)
41
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 598 (cont)
considered by the Court that the Defendant, Peter Goff, be fined $2 and costs in this behalf laid out and expended and that execution issue therefor.
State of Missouri Plaintiff
vs Sabbath Breaking
Peter Goff and Henry Goff Defendants
Now at this day comes the Cir Att who prosecutes and the Defendant in his own proper person and by attorney and the Defendant having announced himself ready for trial and by consent of parties this cause was tried before the Judge and the evidence being heard and all and singular the premises being seen and fully understood by the Court, the Court doth find a verdict of guilty in manner and form as charged in the indict-ment and Peter Goff and not guilty as to Henry Goff. It is therefore considered by the Court that the said Peter Goff be fined $2 as well as costs in this behalf laid out and expended and that execution issue therefor.
p 599.
Warren H. Graves Plaintiff
against Civil Action
John Friedmann 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 as the law directs by publishing in the Springfield Journal, a newspaper published in the State of Missouri, four weeks successively, the last insertion being at least four weeks before the first day of the present term of this Court, and the Defendant having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money and the amount being ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $178 for his debt and $32.65 for his damage and said note being secured by mortgage deed on certain real estate, viz: Lots #29 of Graves Addition to the City of Springfield fronting 46 feet on the West side of Campbell Street reserving the right of way for the SW branch of the Pacific Rail Road heretofore given by said Graves to the Pacific Rail Road Company. 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 may issue therefor and that the Equity of Redemption in said real estate be foreclosed and special fi fa issue against the same sold or so much thereof as is necessary to satisfy said debt and damage and unless cause to the contrary be shown at the next term of this Court this Judgment will be made final.
p 599/600.
William McDorman Plaintiff
vs Civil Action
Alexander R. Williams 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 as the law directs by publishing in the Springfield Journal, a newspaper published in the State of Missouri, four weeks successively, the last insertion being at least four weeks before the first day of the present term of this Court, and the Defendant having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money and the amount being ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $1010.23 for his debt and $237.37 for his damage, and said note being secured by mortgage deed on certain real estate, viz:
(continued)
42
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 599/600 (cont)
the SE 1/4 of NE 1/4 of Sect 16 TWP 29 Range 24 and Lot #7 NW fcl 1/4 Sect 3 TWP 29 Range 24 and W 1/2 of Eight NW fcl 1/4 Sect 3 TWP 29 Range 24. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant his debt and damage, that execution may issue therefor and that the Equity of Redemption in said real estate be foreclosed and the same be sold and so much thereof as will be necessary to satisfy said debt and damage and that unless the Defendants show cause to the contrary on or before the third day of the next term of this Court this judgment shall be made final.
p 600/601.
Martin J. Hubble, Nathan P. Murphy
& Higdon R. Jarrett Plaintiffs
vs Civil Action
Benjamin E. Hopson Defendant
Now at this day comes the Plaintiffs and it appearing to the satisfaction of the Court that the Defendant has been duly notified as the law directs by publishing in the Springfield Missourian, a newspaper published in the State of Missouri, for four weeks successively the last insertion being 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 two promissory notes and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiffs in the sum of $439 for their debt and $140.60 for their damage and said notes being secured by mortgage deed on certain real estate, viz: start at SW corner of SE 1/4 of SE 1/4 of Sect 23 TWP 29 Range 22, run thence East 20 poles, thence North 12 poles for a beginning point. From thence running East 20 poles, thence North 8 poles, thence West _ poles. Thence South 28 poles to the beginning, containing 31/2 acres. It is therefore considered by the Court that the Equity of Redemption in the foregoing real estate be foreclosed and that Plaintiffs have judgment interlocutory and unless good cause to the contrary be shown at the next term of this Court this judgment shall be made final.
p 601.
Warren H. Graves Plaintiff
vs Civil Action
Noble S. Barnum Defendant
Now at this day comes the Plaintiffs and it appearing to the satisfaction of the Court that the Defendant has been duly notified as the law directs by publishing in the Springfield Journal, a newspaper published in the State of Missouri, for four weeks successively the last insertion being 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 upon an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $155 for his debt and $24.60 for his damage and said note being secured by mortgage deed in certain real estate, viz: Lots 23 & 24 in Graves Addition to the City of Springfield as said lots were originally deeded to the said Noble S. Barnum by Warren H. Graves. It is therefore considered by the Court that Plaintiff have judgment interlocutory and that the Equity of Redemption in said real estate be foreclosed and the same sold or so much thereof as will be sufficient to satisfy said debt and damage unless cause to the contrary be shown on or before the third day of next term of this Court this judgment shall be made final.
43
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 602. February 6, 1863.
Samuel S. Vinton Plaintiff
vs Civil Action
Robert P. Faulkner Defendant
Now at this day comes the Plaintiff by attorney into Court and moves the Court to remit the sum of $129.50 of a judgment obtained by him on the 13th day of August 1862 at the last term of this Court against the said Defendant Faulkner and it appearing from the record in said cause that the judgment was entered for that sum more than was on Plaintiff from said Defendant. Permission is hereby granted and he does hereby remit the said sum of $129.52 of said judgment and the Court _____ him by _____ the record of said judgment so as to make the same $2201.09. It is therefore considered by the Court that Plaintiff have judgment in pursuance of the premises above recited.
George W. Avery & Thomas J. Comstock Plaintiffs
against Civil Action
Samuel S. Vinton Defendant
Now at this day comes on this cause to be heard and the parties appearing by their attorneys a final hearing is had, and the Plaintiff waiving a Jury. The inquiry of damage is had before the Court sitting as a Jury and after hearing the testimony the Court doth assess the damage of the Plaintiff in the sum of $150. It is therefore considered by the Court that Plaintiffs have and recover of and from the Defendant their said debt and that they have execution therefor and that this execution bear 6% interest.
p 602/603.
John Dade Plaintiff
against Civil Action
Thomas D. Wooten Defendant
Now at this day comes on this cause for a final hearing and the Plaintiff appearing by attorney, and waiving a Jury. The inquiry of damage is had before the Court sitting as a Jury and after hearing the evidence the Court doth assess that the Defendant is indebted to Plaintiff in the sum of $240 for his debt and $48.68 damage. It is therefore considered and adjudged by the Court that Plaintiff have judgMent for his said debt and damage and that a special fiera facias issue against his property attached in this cause, viz: NW 1/4 of Section 36 Township 29 Range 22 and w 1/2 of SE 1/4 of Section 36 Township 29 Range 22, also NW 1/4 of NW 1/4 of Section 28 Range 21.
p 603. February 7th 1863
William Massey Plaintiff
against Civil Action
Joseph M. Carthel Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that a clerical error was made in entering up the judgment in this cause. It is therefore ordered that the said judgment rendered in this cause at the last term be so amended as to be for the sum of $102.49 debt and $10.05 damage being the amount for which judgment was rendered as shown by the rolls of this Court instead of $28.49 debt and $5.51 damage as erroniously entered up by the clerk.
p 604.
Sydney N. Ingram Plaintiff
against Civil Action
William H. Blackman & John S. Blackman Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction
(cont)
44
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 604 (continued)
of the Court that the Defendants have been duly notified of the commencement of this action by publication made in the Springfield Missourian, a newspaper published in the State of Missouri, for at least four weeks the last insertion at least four weeks before the first day of this term and the Defendants 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 sum the Plaintiff is entitled to, it is ordered that an inquiry of darnages be had at the next term of this Court to which time this cause is continued.
Samuel Caldwell Plaintiff
against Civil Action
Solomon C. Vaughan, Thomas B. Ward
& William SandersFulbright Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified of the commencement of this suit, Thomas B. Ward and William Sanders Fulbright by summons served at least twenty days before the commencement of this term and Solomon C, Vaughan having been notified by publication in the Springfield Missourian, a newspaper published in the State of Missouri, for at least four weeks and the last insertion at least four weeks before the commencement of this term and the Defendants having failed to plead, answer or demur to Plaintiff's petition, the same is taken as confessed. It is therefore considered that the Plaintiff have judgment interlocutory against Defendants and it not appearing what amount Plaintiff ought to recover an inquiry of damage is ordered to be had at the next term of this Court to assess Plaintiff's damage to which time this cause is continued.
p 605.
Thomas J. Bailey Plaintiff
against Civil Action
Patrick H. Edwards 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 thissuit by publication in the Springfield Journal, a newspaper published in the State of Missouri, for at least four 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 Plaintiff have interlocutory judgment against Defendant and if no cause to the contrary be shown this judgment will be made final. And no cause to the contrary being shown and this action being founded on a promissory note for the direct payment of money whereby the Defendants indebtedness is ascertained. The Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $184.84 for debt and $130.92 damage. It is therefore considered by the Court that Plaintiff have judgment for his said debt and damage and that he have execution therefor and that this judgment bear 10% interest.
p 606.
George W. Wiley Plaintiff
vs Civil Action
James McSpadin Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been served with process as the law directs at least fifteen days before the first day of the present term of this Court and having
(continued)
45
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