Springfield-Greene
County LibraryJanuary Term 1863
Book E
p 606. (continued)
failed to plead, answer or demur to Plaintiffs 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 Defendant was indebted to Plaintiff in the sum of $2177.22 debt as well as $474.99 for his 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.
Elisha Headlee, Public administrator
of Greene County Plaintiff
vs Civil Action
David Snodgrass & B.C. Hardin Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been served process 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 tbe 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 and the amount ascertained whereby the Court doth find upon an examination of the same that Defendant was indebted to the Plaintiff in the sum of $143.44 debt and also $42.22 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 607.
James R. Danforth Plaintiff
vs Civil Action
John Lair Defendant
Now at this day comes on this cause to be heard and the Plaintiff appearing by his attorney a final hearing is had and the Plaintiff waiving a Jury the enquiry of damage is had before the Court, sitting as a Jury, and after hearing the testimony the Court doth find that the Defendant is indebted to the Plaintiff in the sum of $1010.75. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt as well as his costs in this behalf laid out and expended and for which execution may issue and this execution bear 10% interest and that a special fi fa issue against the following described real estate, viz: Lots No 4 & 5 in the Kimbrough Addition to City of Springfield, Greene County, Mo., and SE 1/4 Sect 24 TWP 29 Range 22 and NE 1/4 Sect 21 W 1/3 NW 1/4 Sect 22 except one acre off South end 7/8 (undivided) of E 1/2 of NE 1/4 Sect 22 all in Township 29 Range 22 and Lots 1 & 2 of NE fcl 1/4 Sect 6 TWP 29 Range 21 and all or so much thereof as necessary be sold to satisfy the same.
Francis E. Watterson Plaintiff
against Civil Action
Josiah Leedy, Harvey H. Neaves,
Thomas G. Neaves and Abel G. Neaves Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Josiah Leedy, Thomas J. Neaves and Abel J. Neaves have been duly served with process by summons served at least 21 days before the commencement of this term of this Court and Harvey H. Neaves was duly notified by publication made in the Springfield Journal in Greene County, State of Missouri, for at least four weeks, the last insertion was at least four weeks before the commencement of this term and the Defendants
(continued)
46
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 607 (cont)
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 and recover of and from the said Defendants judgment interlocutory but it not appearing to the Court what amount Plaintiff ought to recover. It is ordered that an enquiry of damage be had at the next term of this Court to assess Plaintiff's damage to which time this cause is continued, when this judgment will be made final if cause to the contrary be not shown.
p 608.
Edwin T. Robberson Plaintiff
vs Civil Action
Meredith Carter Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant has been duly notified of the commencement of this suit by publication in the Springfield Missourian, a newspaper published in Greene County, State pf Missouri, and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and the said being founded on a promissory note by which Defendants indebtedness is ascertained. by examination of the same the Court doth find that Defendant is indebted to Plaintiff in the sum of $113.53 for his debt and $13.12 for his damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his debt and damage and that he have a special execution against the following property: SE 1/4 of Section 11 TWP 28 Range 23 W and SE 1/4 of SW 1/4 Section 12 TWP 28 Range 23 and S 1/2 SW Section 13 TWP 28 Range 23 and all or so much thereof as is necessary be sold to satisfy this execution. That this execution bear 10% interest.
State of Missouri Plaintiff
vs Stealing Cattle
Henry T. Wilson Defendant
Now at this day comes into Court the Defendant Henry T. Wilson and the Circuit Attorney who prosecutes and on the application of the Circuit Attorney this cause is continued untill next Tuesday and the Defendant is remanded to jail.
p 609.
List of Summons on this page for following:
Jesse S. McKinney and Shelton A. McKinney
J.M. Bailey
William S. Wilkes
W.J. Burney
John L. Hardin
John D. Brown
Edward Mayall and Caloway Mayall
p 610.
List of summons on this page for following
Samuel Kegarice & William H. Blakey
David Wilkerson
John D.Brown
Thomas J.W. Hawkins & Marcus L. Abernathy
Henry Toney
47
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 611.
State of Missouri Plaintiff
vs Sabbath Breaking #1
James Rains Defendant
Now at this day comes the Circuit attorney who prosecutes and the Defendant in his own proper person and by attorney and pleads guilty in this Indictment. It is therefore considered by the Court that the State have and recover of and from the Defendant the sum of two dollars as well as costs in this behalf laid out and expended and execution issue therefore.
p 611.
State of Missouri Plaintiff
vs Sabbath Breaking #2
James Rains Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf and says he is unwilling further prosecute this cause but suffers the same to be dismissed. It is therefore considered by the Court that the State take nothing by her said Writ and that Defendant go hence without day.
State of Missouri Plaintiff
vs Sabbath Breaking #3
James Rains Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf and says he is unwilling further prosecute this cause but suffers the same to be dismissed. It is therefore considered by the Court that the State take nothing by her said Writ and that Defendant go hence without day.
Bank of the State of Missouri Plaintiff
vs Civil Action
T.D. Wooten, et al Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court files his amended petition affidavit and bond in this cause which by the Court is approved and an order of publication is ordered to issue in this cause.
p 612.
Bank of the State of Missouri Plaintiff
vs Civil Action
Turner Goodall, Thomas D. Wooten Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court files his amended petition affidavit and bond in this cause which by the Court is approved and an order of publication is ordered to issue in this cause.
p 612/613.
John W. Wadlow Plaintiff
vs Civil Action
Ancel Lawson & John J. Jenkins Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to the Defendant Jenkins and it appearing to the satisfaction of the Court that the Defendant Lawson had been duly served with 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 promissory note for the direct payment of money whereby the Court doth find upon an examination of the same that the Defendant is indebted to Plaintiff in the sum of $79 debt and also $14.52 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 his costs in this behalf
(cont)
48
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 612/613 (cont)
laid out and expended and execution issue therefor and this judgment bear 10% interest.
p 613.
J.W. Wadlow Plaintiff
vs Civil Action
B.C. Hardin, David Snodgrass Defendant
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Defendant Snodgrass and it appearing to the satisfaction of the Court that the Defendant Hardin had 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 promissory note for the direct payment of money whereby the Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $255.20 debt and also $53.12 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 his costs in this behalf laid out and expended and execution issue therefor and this judgment bear 10% interest.
Eli G. Parris, admin de bonis non of the estate of John Young, deceased Plaintiff
vs Civil Action
L.A. Campbell, S.H. Boyd, R.J. McElhany Defendants
Now at this day comes the Plaintiff by attorney and suggests the marriage of Mrs Ann E. Young heretofore administrator of the estate of John Young, deceased, and Eli G. Parris having been appointed administrator de bonis non. It is therefore ordered by the Court that said Parris be substituted as Plaintiff in this cause and the Plaintiff files his bond of indemnity in this cause which is approved by the Court.
p 614.
J.K.P. McQuigg Plaintiff
vs Civil Action
Robert G. Abernathy Defendant
Fidelio S. Jones Garnishee
Now at this day comes James W. Mack for Plaintiff and by leave of Court files his answer to Garnishee F.S. Jones answer in this cause denying the facts of said notes mentioned in said Garnishees answer being transferred, assigned and delivered to said Wiley B. Roper. It is therefore ordered by the Court said Wiley b. Roper be notified by publication in the Springfield Journal, a newspaper published in the State of Missouri, for four successive weeks the last insertion at least four weeks before the first day of the next term of this Court which will commence and be held at the Court House in Greene County, Missouri, on the first Monday in August A.D. 1863 notifying said Roper to appear on or before the first day of the next regular term of this Court then and there to defend his title and interest in said note.
State of Missouri Plaintiff
vs Grand Larceny
Peter Goff Defendant
Now at this day comes the Circuit Attorney who prosecutes and by leave of Court continues until next term.
49
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863 9th February 1863
p 615.
James R. Danforth Plaintiff
vs Civil Action
N.F. Jones & G.M. Jones Defendants
Now at this day comes the Plaintiff by attorney and an alias attachment is ordered to issue and the Sheriff has leave to amend his return and an order of publication is ordered to issue.
Homer F. Fellows Plaintiff
vs Civil Action
James Hughes & Ceolia Hughes Defendants
Now at this day comes the Plaintiff by attorney and this cause coming on for a final hearing and the Plaintiff waiving a Jury the enquiry is had before the Court sitting as a Jury and all and singular the premises being seen and fully understood by the Court, the Court doth find that Defendants are indebted to Plaintiff in the sum of $300 debt and also $100 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 his costs in this behalf laid out and expended and this suit being founded on a promissory note secured by a mortgage on the following real estate, viz: E 1/2 of NW 1/4 and NW 1/4 of NW 1/4 Section 21 Township 29 Range 23. It is therefore considered by the Court that the Equity of Redemption in the foregoing real estate be foreclosed and that the same be sold to satisfy said debt and damage and that a special fi fa issue therefor and if said real estate shall be insufficient to pay said debt, damage and costs, then a general execution against the said James Hughes and Ceolia Hughes to satisfy said debt, damages and costs.
p 616.
William F. Enders & John S. Biglow Plaintiffs
vs Civil Action
Samuel S. Vinton & William C. Hornbeak Defendants
Now at this day comes the Plaintiffs by attorney into Court and remits the sum of $35 of a judgment obtained by them on the 6th day of August 1862, at the last term of the Court against the said Defendants, Samuel S. Vinton and William C. Hornbeak, and it appearing from the record in said cause that the judgment was entered for that sum more than was due Plaintiffs from said Defendants. Permission is therefore hereby granted to Plaintiffs and they do hereby remit the said sum of $35 of said Judgment, and the Court does thereby amend the Record of said Judgment so as to make the same $1523.48 debt and $188.44 damage.
p 616/617.
John L. Holland and A,F. Bigbee, partners
in trade doing business under firm name,
Holland and Bigbee Plaintiffs
vs Civil Action, by Attachment
John Lair 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 publication in the Springfield Missourian, a newspaper published in the State of Missouri, for four successive weeks, 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 confessed. It is therefore considered by the Court that Plaintiffs have Judgment interlocutory and it not appearing to the Court what amount Plaintiff ought to recover. It is ordered that an Enquiry of damages be had at the next term of this Court to which time this cause is continued.
50
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
January Term 1863
p 617.
Moses Walker Plaintiff
vs Civil Action
David Snodgrass Defendant
Now at this day comes the Plaintiff bv attorney and it appearing to the satisfaction of the Court that Defendant had been duly served with 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 promissory note for the direct payment of money the amount ascertained, whereby the Court doth find on an examination of the same that Defendant is indebted to plaintiff in the sum of $247 for his debt and also $55.70 for his damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damage as well as his costs in this behalf laid out and expended and that execution issue therefor and that this judgment bear 10% interest.
p 618.
Mercer Moody Plaintiff
vs Civil Action
Nicholas F. Jones & James S. Jones Defendants
Now at this day comes Plaintiff by attorney and nioves the Court to Set aside the Sheriff's sale in this cause of Lots 46 in block 13 in this city of Springfield, Greene County, Missouri, also 1/2 on South part of Lot 45 and block 13 fronting on South Street City and County aforesaid.
p 619. February 10, 1863
Peter Hayden & Pollock Wilson Plaintiffs
against Civil Action
George A. Taylor Defendant
Charles Carlton Garnishee
Now at this day comes the Plaintiffs by their attorney and this cause coming on for a final hearing and the Plaintiff waiving a Jury the cause is heard by the Court sitting as a Jury. And it appearing to the satisfaction of the Court that Charles Carlton has been duly eummoned as Garnishee in this cause and has failed to answer the interrogatories filed and exhibited in this cause. And after hearing the evidence in this cause, the Court doth find that said Charles Carlton is indebted to the Defendant George A. Taylor in the sum of $682. It is therefore considered and adjudged by the Court that Plaintiffs have and recover of and from the said Charles Carlton, Garnishee, the said sum of $682 and that he have execution therefor.
Eli G. Paris, administrator de bonis non
of the estate of John Young deceased Plaintiff
vs Civil Action
Thomas H. Rathbone & Thomas D. Wooten Defendants
Now at this day comes the Plaintiff by attorney and suggests the marriage of Mrs. Ann E. Young, heretofore administration of the estate of John Young, deceased, and Eli G. Paris, having been appointed administration de bonis non. It is therefore ordered by the Court that the said E.G. Paris be substituted as Plaintiff in this cause and it appearing to the satisfaction of the Court that the Defendant Thomas D. Wooten had been duly notified by publication for four successive weeks, the last insertion at least four weeks before the first day of the present term of this Court in the Springfield Missourian, a newspaper published in the State of Missouri, and the Defendant, Thomas H. Rathbone, had been duly served with process in this cause 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
(continued)
51
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 619 (cont)
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 $60 debt and $6.16 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendants his said debt and damage as well as his costs in this behalf laid out and expended and that execution issue therefor and this judgment bear 10% interest.
p 620.
Eli G. Paris Administration de bonis non of
estate of John Young, deceased Plaintiff
vs Civil Action
William D. Hendrick & M.D. Tucker Defendants
Now at this day comes the Plaintiff by attorney and suggests the marriage of Mrs. Ann E. Young, heretofore administration of the estate of John Young, deceased, and Eli G. Paris, having been appointed administration de bonis non. It is therefore ordered by the Court that the said E.G. Paris be substituted as Plaintiff in this cause and it appearing to the satisfaction of the Court that Defendants had been duly notified by publication for four successive weeks, the last insertion 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 instruments of writing whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiffs in the sum of $60 debt and $10.67 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 and that execution issue therefor, that this judgment bear 10% interest.
Eli G. Paris Administration de bonis non of
estate of John Young, deceased Plaintiff
vs Civil Action
Wiley B Roper, Moses Procton,
and Sample Orr Defendants
Now at this day comes the Plaintiff by attorney and suggests the marriage of Mrs. Ann E. Young, heretofore administration of the estate of John Young, deceased. It is therefore ordered by the Court that Eli G. Paris be substituted as Plaintiff in this cause, the Plaintiff assumes this suit as to Sample Orr and it appearing to the satisfaction of the Court that Defendant had been duly notified by publishing in the Springfield Journal, a newspaper published in the state of Missouri, for four weeks, the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiffs petition the same is taken as confessed and this action being founded on a promissory note signed by Defendants whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $106.57 debt and also $15.10 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and that this judgment bear 10% interest.
p 621.
Eli G. Paris administration de bonis non
of estate of John Young, deceased Plaintiff
vs Civil Action
J.M. Barker, William L. Hancock,
Robert W. Crawford & James Eastham Defendants
Now at this day comes the Plaitiff by attorney and suggests the marriage of Mrs Ann (cont)
52
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 621 (continued)
E. Young, heretofore administration of the estate of John Young, deceased. It is therefore ordered by the Court that Eli G. Paris be substituted as Plaintiff in this cause, the Plaintiff assumes this suit. Defendants Barker, Hancock and Crawford have bee duly notified by Publication in the Springfield Missourian for four successive weeks, the last insertion at least four weeks before the first day of the present term of this Court and that the Defendant James Eastham having been duly served with summons atleast 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 signed by Defendants whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $300 debt and also $61.04 damage. It is therefore considered by the Court that Plaintiff have and recover of and frorn Defendants his said debt and damage as well as his costs in this behalf and that execution issue therefor, that this judgment bear 10% interest.
Eli G. Paris administration de bonis non
of estate of John Young, deceased Plaintiff
vs Civil Action
Thomas Greene Defendant
Now at this day comes the Plaintiff by attorney and suggests the marriage of Mrs. Ann E. Young, heretofore administration of the estate of John Young, deceased, and Eli G. Paris, having been appointed administration de bonis non. It is therefore ordered by the Court that the said E.G. Paris be substituted as Plaintiff in this cause and it appearing to the satisfaction of the Court that the Defendant has been duly notified by publication in the Springfield Missourian, a newspaper published in the State of Missouri, for four successive weeks, the last insertion 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 signed by Defendant whereby the Court doth find on an examination that Defendant is indebted to Plaintiff in the sum of $100 debt and $14.16 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damage as well as his costs in this behalf and that execution issue therefor, that this judgment bear 10% interest.
p 622.
David McHaffie & Henry L. Trentham,
administrations of estate of
A. Hawkins, deceased Plaintiff
vs Civil Action
James H. Fagg, J.A. Gillespie,
C.S Bodenhamer Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to C.S. Bodenhamer, and it appearing to the satisfaction of the Court that the other Defendants in this cause had been duly served with 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 whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $300 debt and also $59 for his damage. It is therefore considered by the Court that Plaintiffs have and recover of and from Defendants their said debt and Damage as well as costs in this behalf laid out and expended and execution issue therefor and this judgment bear 10% interest.
53
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
January Term 1863
p 622.
Eli G. Paris administration de bonis non
of estate of John Young, deceased Plaintiff
vs Civil Action
John Lair Defendant
Now at this day comes the Plaintiff by attorney and suggests the marriage of Mrs. Ann E. Young, heretofore administration of the estate of John Young, deceased and Eli G. Paris, having been appointed administration de bonis non. It is therefore ordered by the Court that the said E.G. Paris be substituted as Plaintiff in this cause and it appearing to the satisfaction of the Court that the Defendant has been duly notified by publication in the Springfield Missourian, a newspaper published in the State of Missouri, for four successive weeks, the last insertion 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 signed by Defendant whereby the Court doth find on an examination that Defendant is indebted to Plaintiff in the sum of $220 debt and also $27.88 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendant his said debt and damage as well as costs in this behalf laid out and expended and that a special fi fa issue against the following described real estate, viz: SW fcl 1/4 of Sect 31 TWP 31 Range 21 and NE of SE 1/4 and S 1/2 of SE 1/4 Sect 21 TWP 29 Range 21, SE 1/4 Sect 6 TWP 29 Range 21 and commencing at SW corner of J.S. Phelps lot on St. Louis street thence West along said Street to John B. Clarks and Co Lot thence North to an alley, thence along said alley to Cumberland Presbyterian Church, thence South to place of beginning and all or so much thereof as is necessary be sold to satisfy said execution and this Judgment bear 10% interest.
p 623.
Chesley Cannefax Plaintiff
vs Civil Action by Attachment
M.N. Carter 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 publication in the Springfield Journal, a newspaper published in the State of Missouri, for four weeks the last insertion 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 true 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 the said Defendant is indebted to the Plaintiff in the sum of $267 debt and also $27.77 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damage as well as costs in this behalf laid out and expended and that a special fi fa issue against the following real estate, viz: SE 1/4 of Sect 11 TWP 28 Range 23 and SE 1/4 of SW 1/4 Sect 12 TwP 28 Range 23, S 1/2 of SW 1/4 Sect 13 TWP 28 Range 23 and all or so much thereof as is necessary be sold to satisfy said execution and this judgment bear 10% interest.
Mary F. Clarke Plaintiff
vs Civil Action
A. Bates & James S. McQuerter Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been duly served with 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 true and this action being founded on a promissory note for the direct payment of money and signed by the Defendants where by the Court doth find on an examination of the same that Defendants are indebted to
(continued)
54
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 623 (cont)
Plaintiff in the sum of $225 debt and also $43.29 damate. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damage as well as costs in this behalf laid out and expended in this behalf and that execution issue therefor, that this judgment bear 10% interest.
p 624. February 10th 1863
Hugh Boyd administration of estate
of Sarah Harrington, Enoch Harrington Plaintiff
vs Civil Action
R. B. Weaver & J.C. Carthel 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 publication in Springfield Missourian, a newspaper published in the State of Missouri, for four successive weeks, the last insertion 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 signed by Defendants whereby the Court doth find on an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $80 debt and also $17.25 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 and that execution issue therefor, that this judgment bear 107 interest.
John L. Holland, administration of the estate
of J.H. Jarnigan, deceased Plaintiff
vs Civil Action
Thomas F. Layton & William A. Peacher 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 suttimons at least fifteen days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money signed by Defendants, whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $200 debt and also $22.40 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 and that execution issue therefor, that this judgment bear 10% interest.
p 625.
John L. Holland, administration of the estate
of J.H. Jernigan, deceased Plaintiff
vs Civil Action
Thomas F. Layton 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 summons at least fifteen days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money signed by Defendant, whereby the Court doth find on an examination of the same that Defendant is indebted to Plaintiff in the sum of $200 debt and also $42.22 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 and that execution issue therefor, that this judgment bear 10% interest.
55
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 625.
Horatio M. Parish Plaintiff
vs Civil Action
W.F. Bodenhamer Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been served with summons 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 true and this action being founded on two promissory notes for the direct payment of money signed by Defendant whereby the Court doth find on an examination of the same that Defendant is indebted to Plaintiff in the sum of $66.25 debt and also $16.14 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 and that execution issue therefor, that this judgment bear 10% interest.
James R. Gilmore Plaintiff
vs Civil Action
Daniel Brower Defendant
Now at this day comes the Plaintiff and pays the cost and dismisses his suit.
p 626.
John L. Holland and A.F. Bigbee partners in
trade doing business under the firm in name
of Holland and Bigbee Plaintiff
vs Civil Action
Joseph M. Carthel 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 served with summons 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 true and this action being founded on a promissory note for the direct payment of money signed by Defendant whereby the Court doth find upon an examination of the same that Defendant is indebted to Plaintiff in the sum of $66.52 debt and also $14.63 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damage as well as his costs in this behalf and that execution issue therefor, that this judgment bear 10% interest.
Samuel W. Baldwin and Samuel M. Dodd,
partners in trade doing business under
the firm name of Baldwin & Dodd Plaintiff
vs Civil Action
John A. Miller and James S. Jones,
partners in trade doing business under
firm name of John A. Miller & Co. Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Defendant Jones and it appearing to the satisfaction of the Court that the Defendant John A. Miller had been duly served with summons 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 true and this action being founded on a promissory note signed by Defendant for 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 $264.49 debt also $49.64 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damage as well as his costs in
(cont)
56
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 626 (cont)
this behalf and that execution issue therefor, that this judgment bear 10% interest.
p 627.
Lewis S. Lemay Plaintiff
vs Civil Action
B.H. Woodson, James Norfleet Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants, Woodson and Norfleet, had been summoned with notice by publication in the Springfield Journal for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition but made default and this action being founded on a bond the amount which is fifteen hundred. It is therefore considered and adjudged by the Court that Plaintiff have judgment but it not appearing to the satisfaction of the Court what amount the Plaintiff ought to recover of Defendants. It is therefore ordered by the Court that enquiry be made at the next term of this Court and the amount ascertained whereupon this judgment will be made final and this cause is continued until the next term of this Court.
p 628.
William F. Enders & John W. Bigelow,
partners in trade doing business
under the firm name of
William F. Enders and Co. Plaintiff
vs Civil Action
Samuel S. Vinton Defendant
Now at this day comes on the motion heretofore filed to quash execution in the cause to be argued and all and singular the premises being seen and fully understood by the Court, the Court doth find that said motion be sustained. It is therefore ordered by the Court that said execution be quashed.
James J. Gott Plaintiff
vs Civil Action
James P. Gray Defendant
Now at this day comes the Plaintiff by attorney and the Defendant in his own proper person and files in open Court his written statement ____fied by affidavit admitting that he owes and stands indebted in the sum of $150 debt and also $4.07 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage as well as his costs in this behalf laid out and expended and execution issue therefor and this judgment bear 10% interest. Now at this day comes the Grand Jury into Court and through their foreman in presence of the Grand Jury presented their Bills of Indictments and was by the Court dismissed until the first Monday in June.
p 629.
Cooper B. Rountree Plaintiff
vs Civil Action
Wiley M. Horton & Lucias A. Rountree Defendants
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that the Defendant, Wiley B. Horton, Cannot be summoned in this cause. It is therefore ordered by the Court that publication be made notifying said W.M. Horton of the commencement of this suit the object of which is to obt ain judgment against Defendants for the sum of $200 borrowed money evidenced by a written instrument dated Feb 18,1861,
(continued)
57
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 629 (cont)
by which Defendants promised to pay Plaintiff said sum of $200 with interest at the rate of 10% from date that his property has been attached and that unless he appears on or before the third day of the next term of this Court, which will be held on the first Monday in August 1863 and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the same. It is further ordered that this order be published in the Springfield Missourian, a newspaper published in the State of Missouri, for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court.
p 629/630.
Homer F. Fellows Plaintiff
against Civil Action
Thomas W. Cecil Defendant
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that Defendant, Thomas W. Cecil, cannot be summoned in this cause. It is therefore ordered by the Court that publication be made notifying Defendant of the commencement of this suit, the object of which is to obtain judgment against Defendant on two promissory notes, one dated October 20th 1860 payable to one Levi Shipley six inonths after date for the sum of $55 with interest at the rate of 10% from date untill paid. One said note is endorsed a credit of $3.75 dated October 20th 1860 also an assignment from said Levi Shipley to one W.M. Shipley. The other note dated March 23rd 1861 payable one day after date to W.M. Shipley for the sum of $3.25 with interest at 10% from maturity. Said notes having been assigned to Plaintiff by an instrument of writing constituting Plaintiff assignee of said note in trust for said W.M. Shipley's creditors. And unless said Defendant T.W. Cecil appears on or before the 6th day of the next term of this Court which will be held on the first Monday in August 1863 and plead, answer or demur to Plaintiffs petition the same will be taken as confessed. It is further ordered that this order be published in the Springfield Missourian, a newspaper published in the State of Missouri, for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court.
p 630.
Charles Beardslee, Reuben Beardslee, Phineas Beardslee Plaintiffs
against Civil Action
Simphronius H. Boyd and William C. Price Defendants
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that the Defendants cannot be summoned in this cause. It is therefore ordered by the Court that publication be made notifying said Defendants of the commencement of this suit the object of which is to obtain judgment against the Defendants for the sum of $498.55 with 10% interest from the second day of September 1859 for money received by Defendants as attorneys for Plaintiffs in a cause wherein the said Charles beardslee, Reuben beardslee and Phineas beardslee were Plaintiffs and James M. Morgan was Defendant in the Circuit Court of Greene County, Missouri, and unless the Defendants appear on or before the 6th day of the next term of this Court, which will be held on the first Monday in August 1863, and plead, answer or demur to Plaintiff's petition, the same will be taken as confessed. It is further ordered that this order be published in the Springfield Journal, a newspaper published in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court.
58
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 631.
Joseph J. Weaver, surviving partner &
administration of the partnership
effetsts of John Young, deceased,
a partner in the late firm of Young
and Weaver, composed of John Young &
Joseph J. Weaver Plaintiff
vs Civil Action
James M. Carthel & F.F. Fulbright Defendants
E.M. Campbell Garnishee
Now at this day comes thePlaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been duly served with notice by publication in the Springfield Journal, a newspaper published in the State of Missouri, for four successive weeks, the last insertion at least four weeks before the first day of the present term of this Court having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendants whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $2293.25 debt and also $398.76 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage as well as costs in this behalf laid out and expended and that a special fi fa issue against the following described real estate, viz:: S 1/2 of SE 1/4 and pt of E 1/2 of NE 1/4 NE 1/4 of SE 1/4 Section 16 Township 28 Range 22; NE 1/4 of NE 1/4 of SE 1/4 Section 16 Township 28 Range 22; NE 1/4 of SE 1/4 Section 21 Township 28 Range 22 W 1/2 NW 1/4 and W 1/2 of SW 1/4 Section 15 Township 28 Range 22 and all or so much-thereof as is necessary be sold to satisfy said execution and it further appearing from the answer heretofore filed of E.M. Campbell, Garnishee, in this cause that he owes the said Carthell and Fulbright the sum of $1800 debt and $152 interest. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants said amount mentioned in said garnishes answer, viz: $1800 debt and $152 interest-and for which execution may issue and this judgment bear 10% interest.
p 632.
John B. Wilkerson Plaintiff
vs Interlocutory Judgment
John Lair Defendant
Now at this day comes the Plaintiff by attorney and this cause coming on for a final hearing. The Plaintiff waives a Jury and the enquiry of damages is held before the Court sitting as a Jury and after hearing the evidence the Court doth find that Defendant is indebted to the Plaintiff in the sum of $158 damage. It is therefore considered by the Court that the Plaintiff have judgment for his said damage as well as costs in this behalf laid out and expended and for which execution may issue, and this judgment bear six percent interest.
p 633.
Eli G. Paris, adm. De bonis non of
estate of John Young, deceased Plaintiff
vs Civil Action
L.A. Campbell, S.H. boyd,
R.J. McElhaney Defendants
Now at this day comes the Plaintiff and suggests the marriage of Mrs. Ann E. Young former administrator of the estate of John Young deceased and Eli G. Paris having beenappointed administrator de bonis non. It is therefore ordered by the Court that said Paris be substituted as Plaintiff in this cause and it appearing to the satisfaction of the Court that the Defendant McElhaney has been served with summons at least 15 days (continued)
59
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
p 633 (cont)
before the first day of the present term of this Court and the Defendants Campbell and Boyd had 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 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 true 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 $3600 debt and also $939 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and Damage as well as costs in this behalf laid out and expended and that execution issue therefor and that a special fi fa issue against the following described real estate levied on as the property of L.A. Campbell, viz: beginning at the Southwest corner of Section 24 TWP 29 Range 22, thence East 54 poles, thence North 69 poles and two links, thence West 54 poles, thence South 69 poles and two links to beginning, containing 23.3 acres and 30 poles also beginning on South side of the first East and West alley South of Public Square in Springfield l27 1/2 feet from said Square and on East side of Main South Street, thence East with the said Alley 1l7 1/2 feet, thence South 25 feet, thence West ll7 1/2 feet, thence North 25 feet to the place of beginning being part of block 14 Lot 44 2nd tier of Lots Town Plat Springfield, Missouri, and allow so much thereof as is necessary be sold to satisfy said execution and this judgment bear 10% int.
p 634.
Now at this day comes Thomas A. Reed by his Deputy James F. Brown, Sheriff of Greene County, Missouri, and acknowledges the execution and delivery of a deed to William J. McDaniel to the following described real estate, viz: NW 1/4 of NW 1/4 of Section 15 and NE 1/4 of NE 1/4 of Section 16 and SE 1/4 of SE 1/4 of Section 16 and SW 1/4 of NW 1/4 Section 15 and SW 1/4 of SW 1/4 of Section 15 and NW 1/4 of SW 1/4 of Section 15 and SW 1/4 of SE 1/4 Section 16 and SE 1/4 of SE 1/4 of Section 16 and NE 1/4 of NW 1/4 of Section 15 TWP 28 Range 22.
Now at this day comes Thomas A Reed of Greene County, Missouri, by his Deputy James F. Brown and acknowledges the execution and delivery of a Deed to Henry Sheppard to the following described real estate, viz: beginning on Lewis Stephens SE corner, thence withJohn W. James, R. Danforth East Boundary line 12 poles and 15 links to a stake, thence Easterly 12 poles and 15 links to Joseph Arnold's South Boundary line, thence North to said Joseph Arnolds, thence West 12 poles and 15 links to the beginning Section 24 Township 29 Range 22.
Now at this day comes Thomas A. Reed of Greene County, Missouri, by his Deputy James F. Brown and acknowledges the execution and delivery of a Deed to Deborah H. Anderson to the following described real estate, viz: lots #4 and #5 in Kimbrough Addition to the City of Springfield, Greene County, Missouri.
p 634/635.
Now at this day comes Thomas A. Reed, sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a Deed to Y.G. Cannon to the following described real estate, viz: beginning on the NE corner of John Norris lot, thence in an east direction, thence in a South direction, with the said John Norris line the full length to his SE corner, thence in an East direction so far as to make one acre.
60
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