Springfield-Greene
County LibraryJanuary Term 1864
Book F
p 397.February 6th 1864
Pike and Kellog Plaintiffs
vs Civil Action
G.L. Mitchell Defendant
Now at this day this cause coming on to be heard the Plaintiff having been three times solemnly called comes not but makes default.It is therefore considered by the Court that this cause be dismissed and that Defendant have and recover of and from Plaintiff his cost in this behalf laid out and expended for which execution may issue.
Sherman Bacon Samuel T. Hyde
E.C. Pike and George Erskine Plaintiffs
vs Civil Action
George L. Mitchell Defendant
Now at this day comes the Plaintiff by attorney and dismisses this cause and all and singular the premises being seen and fully understood by the Court. It is considered by the Court that Defendant have and recover of and from Plaintiff his cost in this behalf laid out and expended for which execution may issue.
S.S. Vinton Plaintiff
vs Civil Action
John W. Lingo Defendant
Now at this day comes the Plaintiff by attorney and dismisses this cause and all and singular the premises being seen and fully understood by the Court. It is considered by the Court that Defendant have and recover of and from Plaintiff his cost in this behalf laid out and expended for which execution may issue.
p 397/398.
Reuben Beeman Turnball G Russell
George T. Schofield & George W. Parker
in the name style firm and description
of Parker Russell and Co. Plaintiffs
vs Civil Action
Richard B. Coleman and Patrick R. Smith Defendants
Now at this day comes Plaintiff by attorney and it appearing to the Court that Defendant Coleman had been duly served with process at least fifteen days before the first day of the present term of this Court and that Defendant Smith had been duly notified by publication in the Springfield Missourian a newspaper printed 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 said Defendants having failed to plead, answer or demur to Plaintiff's petition within the time prescribed by Law the same is taken as confessed and this action being founded on a promissory note signed by Defendants for the direct payment of money whereby the Plaintiff's damage is ascertained. The Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $744.74 debt and also the sum of $229.41 for their damage. It is therefore considered and adjudged by the Court that Plaintiffs have and recover of and from Defendants the said debt in this behalf laid out and expended for which execution may issue and that this judgment bear 10% interest per annum.
p 399/400.
James R. Danforth Plaintiff
vs Civil Action
Nicholas F. Jones and George M. Jones Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants had been duly notified by publication in the Springfield Journal, a weekly
(continued)
142
GREENE COUNTY, MISSOURI CIRCI3IT COURT CASES
BOOK F
JANUARY TERM 1864
p 399/400 (continued)
newspaper printed in Greene County, 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 confessed and this action being founded on a promissory note signed by Defendants for the direct payment of money whereby the Plaintiff demand is ascertained. The Court doth find from an examination of the same that Defendants are indebted to Plaintiff thereby in the sum of $800 for debt and in the sum of $218.60 for damage.It is therefore considered by the Court that Plaintiff have and recover of and from Defendants the sum first aforesaid for his debt and the sum last aforesaid for his damage as well as cost herein expended. And it further appearing to the Court that a Writ of Attachment was issued to the Coroner the 14th day of July 1862 levied on the following real estate, viz: Lot No. 1 in Kimbrough's First Addition to the City of Springfield containing 120 poles, more or less, commencing at a point 1028 feet North of SW corner of E1/2 NEt Section 14 Township 29 Range 22 running thence East 300 feet, thence South 210 feet, thence West 300 feet, thence North to the place of beginning. Also, beginning at a point 1028 feet North and 30 feet East of SW corner of E 1/2 NE 1/4 Section 14 Township 29 Range 22 and running thence North 190, thence East 280 feet, thence South 190, thence West to place of beginning also West side of South Street West of Lot No. 68 of Block No. l8 containing one and onehalf acres more or less and the N 1/2 of Lots No. 1 and 6 in Kimbrough's Second addition to the City of Springfield in Greene County, Missouri. Also, a Writ of Attachment was issued to the Sheriff of Dade County on the 19th day of June 1862 which Writ of Attachment was returned by said Sheriff on the 27th day of August 1862 levied on the following described real est ate, viz: W 1/2 NE 1/4 and N 1/2 Lot 1 NW 1/4 Section 7 Township 30 Range 28 N 1/2 NE and N 1/2 NW Section 20 Township 30 Range 28 NE 1/4 Section 26 Township 30 Range 28 and the whole of Section 12 Township 31 Range 29, and also on the 23rd day of February 1863 a Writ of Attachment was issued to the Sheriff of Greene County and by said Sheriff returned on the 19th day of March 1863 levied on the following described real estate, viz: N 1/2 of Lot 5 in Kimbrough's Second Addition to the City of Springfield and the undivided one half that G.M. Jones has in and to the following real estate, viz: Lot No. 46 in Block 13 also S 1/2 or South part of Lot No. 45 in Block 13 fronting on South Street, also Lots N four and five Block No 2 in Kimbrough's Second Addition to the City of Springfield, Greene County, Missouri, and that special executions issue against the aforementioned real estate and that all or so much thereof be sold as will be necessary to satisfy said judgment and cost and that this judgment bear 10% interest.
p 400.
Thomas Tiller administration of Estate
John Adams, deceased Plaintiff
against Civil Action
P.H. Crouch, J.T. Hardin &
Charles Crouch 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 the Springfield Journal, a weekly newspaper printed in Greene County, 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 confessed and this action being founded on a promissory note signed by Defendants for the direct payment of money whereby Defenddants indebtedness to Plaintiff is ascertained. The Court doth find on an examination of same that Defendants are indebted to Plaintiff in the sum of $67 debt and also the sum of $18.90 damage. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from said Defendants his said sum of $67 debt and also the said sum of $18.90 damage as well as his cost in this behalf laid out and expended and it appearing to the Court that a Writ of Attachment issued from the Clerk's Office of the Circuit Court of Greene County on the 18th
(continued)
143
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY T ERM 1864
p 400 (continued)
day of September 1863 directed to the Sheriff of Greene County which said Writ of Attachment was returned by said Sheriff 12th day of October 1863 under which he levied on thefollowing described real estate, viz:part of the N 1/2 of E 1/2 SW 1/4 Section 2 Township 30 Range 23 in Greene County, Missouri.It is ordered by the Court that a special execution issue against said Defendants and all or so much of said real estate be sold as is necessary to satisfy said debt and damage and also the cost and that this judgment bear 10% interest.
p 401.
Robert J. McElhaney, Clement
Jaggard & Horace Saunders Plaintiffs
vs Civil Action
Leonidas A. Campbell, Louisa T.Campbell Defendants
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that Defendants had been duly notified as the Law directs by publication in the Springfield Journal a weekly newspaper printed 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 this action being founded on a promissory note signed by Defendants for the direct payment of money whereby the Defendants indebtedness is ascertained.The Court doth find on an examination of the same that Defendants are indebted to Plaintiffs in the sum of $655.96 debt and also the sum of $6.24 damage.It is therefore considered and adjudged by the Court that Plaintiffs have and recover of and from said Defendants the sum first aforenamed for debt and also the sum last aforenamed for damage and also cost in this behalf laid out and expended for which execution may issue and this judgment bear 10% interest.
p 402.
State of Missouri Plaintiff
vs Gaming
Samuel J. Gott Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant who for a plea says he is guilty in manner and form as charged in the Bill of Indictment.It is therefore considered by the Court that the Defendant be fined the sum of $10 forthe commission of said offence. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from the Defendant the fine aforesaid together with the cost laid out and expended in this behalf for which execution may issue therefor.
Jesse M. Redfearn Plaintiff
vs Civil Action
Leonidas C. Campbell Defendant
Now at this day comes the Plaintiff by attorney and having waived a Jury the inquiry of damage heretofore ordered to be made is had before the Court sitting as a Jury.And after hearing the evidence offered by the Plaintiff the Court doth find that he has been damaged by the acts of Defendant in the sum of $400 and the Court doth assess Plaintiff's damage at that sum.And it appearing to the satisfaction of the Court that a Writ of Attachment issued out of the Clerk's Office of this Court dated 26th of November 1863 and directed to the Sheriff of Greene County and by him returned executed on the 26th day of November 1863 by levying on thirtyshares of Bank Stock of the Bank of the State of Missouri Branch at Springfield and on the first day of December 1863 by seizing on the following real estate situate in Greene County, State of Missouri, viz: SW 1/4 & NW 1/4 Section 15 and NW 1/4 Section 22 & E 1/2 of NW 1/4 Section 14 and SE 1/4 of SW 1/4 Section 9 & SE 1/4 of SW 1/4 & SW 1/4 and W 1/2 of SW 1/4 Section 11 all Township 29 Range 23W.It is therefore considered
(continued)
144
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 402 (cont)
and adjudged by the Court that Plaintiff have and recover of and from the said Defendants the said damage of $400 aforesaid together with costs in this behalf laid out and expended and that a special execution issue against the property attached in this cause and that the same or so much as is necessary to satisfy this judgment be sold and this judgment bear 6% interest.
p 403.
State of Missouri Plaintiff
vs Treason
Abner Hamlin Defendant
Now at this day comes the circuit attorney who prosecutes on behalf of the State and the Defendant Abner Hamlin in his own proper person and by attorney and by leave of Court says he does not want any fur ther time for selection of the Jury in this cause whereupon comes the Jury, viz: Wiley B. Gregory, Caleb C. Headlee, Tellemachus B. Holland, Jacob Painter, Cary A. Dysart, Thompson E. Mason, Henry Matlock, Archer F. Bybee, Joseph R. Douglas, Tillman Carter, Lewis A.D. Crenshaw and John H. Gibson, twelve good and lawful men who having taken and subscribed the oath prescribed by the Convention were sworn as the law directs for a plea says he is not guilty as charged in the Indictment whereupon all the witnesses came forward and were sworn and placed under the rule and there not being time for the further trial of this cause it is continued until Monday.
Ordered by the Court that Court adjourn until Monday morning. John S. Waddill C J
p 404. February 8th 1864
Court met pursuant to adjournment. Present as on Saturday.
Elisha Headlee, public administration of
Greene County having in charge the Estate
of Elizabeth Yancey, deceased. Plaintiff
vs Civil Action
John Lair, Richard B. Owen &
Tyree G. Newbill Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the full satisfaction of the Court that Richard B. Owen has been duly notified of the commencement of this action by Writ of Summons and copy of the petition served on him at least 15 days before the first day of this term of Court and the Defendants John Lair and Tyree G. Newbill notified of this action by publication in the Springfield Missourian a weekly newspaper published in Greene County, State of Missouri, for four successive weeks, the last insertion being at least four weeks before the first day of the present term of this Court and 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 an instrument of writing for the direct payment of money signed by said Defendants whereby their indebtedness to Plaintiff is ascertained. And the Court by an examination thereof doth find that Defendants are indebted to Plaintiff in the sum of $700 for debt and $328.67 for damage. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from the said Defendants his said debt of $700 and damage of $328.67 as well as costs in this behalf laid out and expended and that execution issue therefor and that this judgment bear 10% interest per annum.
145
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 404/405.
Chauncey J. Filley Plaintiff
vs Civil Action
John R. Norris & William Norris Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to William Norris and it appeariing to the full satisfaction of the Court that the Defendant John R. Norris has been duly notified of the commencement of this action by publication in the Springfield Journal, a weekly newspaper published in Greene County, State of Missouri, for four successive weeks 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 an instrument of writing for the direct payment of money signed by the Defendant whereby his indebtedness is ascertained.The Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $77.27 for debt and $22.24 for damage. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from the said Defendants the said debt of $77.27 together with his costs in this behalf laid out and expended and that execution issue therefor and that this judgment bear 10% interest per annum.
p 405.
Joseph W. McClurg, William D. Murphy,
Marshall W. Johnson, Hervey Massey
and Edwin T. Torbert, partners in
trade doing business under the firm name
of McClurg Murphy & Co. Plaintiffs
vs Civil Action
George Barrett Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the full satisfaction of the Court that the Defendant has been duly notified of the commencement of this action by summons and petition served on him at least 15 days before the first day of this term of Court and having failed to plead, answer or demur to the Plaintiffs petition the same is taken as confessed and this action being founded on an instrument of writing signed by the Defendant for the direct payment of money whereby the Defendants indebtedness is ascertained.The Court doth find from an examination of the same that the Defendantis indebted to Plaintiff in the sum of $64.23 for debt and $24.98 for damage. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from the Defendant the said debt and damage aforesaid together with costs in this behalf laid out and expended and for which execution may issue and that this judgment bear 10% interest per annum.
p 406.
Joseph W. McClurg, William D. Murphy,
Marshall W. Johnson, Hervey Massey
and Edwin D. Torbert, partners in trade
doing business under firm name of
McClurg Murphy and Co. Plaintiffs
vs Civil Action
Calvin D. Bray, William C. Price, John W.
Hancock & Alfred Cook, partners in trade
doing business under firm name of
Bray Price and Co. Defendants
Now at this day comes the Plaintiffs by attorney and it appearing to the full satisfaction of the Court that the Defendants have been duly notified of the commencement of this action by publication in the Springfield Journal, a weekly newspaper published in
(continued)
146
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 406 (cont.)
Greene County, State of Missouri, for four successive weeks the last insertion being at least four weeks before the first day of the present term of this Court and 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 an instrument of writing for the direct payment of money whereby Defendant's indebtedness is ascertained.The Court doth find from an examination of the same that Defendants are indebted to Plaintiffs in the sum of $1222.23 for debt and $455.12 for damage.It is therefore considered and adjudged by the Court that Plaintiffs have judgment against said Defendants for the said debt and damages aforesaid as well as for costs in this behalf laid out and expended for which execution may issue and this Judgment bear 10% interest per annum.
David McHaffie and Henry L. Trentham
executors of the last will and testament
of Abraham Hankins, deceased. Plaintiffs
vs Foreclosure of Mortgage
Jesse A. Cunningham Defendant
Now at this day comes the Plaintiffs by attorney and it being shown to the Court that David NcHaffie one of the Plaintiffs in this cause has resigned his letters of executorship and that Henry L. Trentham is the remaining executor.It is ordered by the Court that the suit be prosecuted in the name of the remaining executor and that he have leave to amend the petition by striking out the name of David McHaffie.
p 407. 8th day of February 1864
Henry L. Trentham, remaining executor
of the last will and testament of
Abraham Hankins, deceased Plaintiff
vs Foreclosure of Mortgage
Jesse A. Cunningham Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the full satisfaction of the Court that the Defendant has been duly notified of the commencement of this action by summons and petition being served on him at least 15 days before the first day of the last term of this Court and the Defendant having failed to plead, answer or demur to P1aintiff's petition the same is taken as confessed and this action being founded on an instrument of writing for the direct payment of money signed by Defendant by which his indebtedness is ascertained.And the payment of which is secured by a mortgage deed executed by the Defendant to the Plaintiff conveying to said Plaintiff the following real estate situate in Greene County, State of Missouri, viz:S 1/2 of NE 1/4 Section 16 Township 29 Range 20W upon the following condition that the "said Jesse Cunningham is indebted to the said Abraham Hankins in the sum of $50.96 by note dated 5th day of February 1858 bearing 10% interest from date until paid also by open account for $18.42 which it is agreed shall bear interest from this date at the rate of 10% Now if the said Jesse H. Cunningham shall well and truly pay the said note and account two years from this date together with all interest due thereon then this deed to be void, otherwise to remain in full force" and the prayer of the Plaintiff being for the foreclosure of the Equity of Redemption of the Defendant in said real estate: and the Court doth find from an examination of the instrument sued on and the Mortgage Deed that Defendant is indebted to Plaintiff in the sum of $69.38 for debt and $36 for damage.It is therefore considered and adjudged bythe Court that Plaintiff have judgment against the Defendant for his said debt and damage aforesaid and also for his costs in this behalf laid out and expended and that the Equity of Redemption of the Defendant in the land aforesaid be foreclosed and that the same or so much thereof as is necessary be sold to satisfy this judgment, and if not sufficient to satisfy this judgment that a general execution issue against the said Defendant and that his judgment bear 10% interest per annum.
147
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 408.
Elisha Headlee Plaintiff
vs Foreclosure of Mortgage
David B. Freeman, Nancy M. Freeman Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants have been duly notified of the commencement of this action by publication in the Springfield Journal, a newspaper published in Greene County, State of Missouri, for four successive weeks the last insertion being at least four weeks before the first day of the last term of this Court and said Defendants having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being for the Foreclosure of a Mortgage Deed executed by the Defendants to Plaintiff, conveying the following real estate situate in Greene County, State of Missouri, viz: the NE 1/4 and NW 1/4 of NE 1/4 and NE 1/4 of Section 15 Township 20 Range 21W on the following conditions, viz: "that whereas the said David B. Freeman and Elisha Headlee executed their promissory note in which said note the said Freeman was principal and the said Headlee security unto the administrator of the estate of A.J. Bass deceased late of Greene County for the sum of between $100 and $105 dated in December 1859 due twelve months after date Now if the said David B. Freeman his executors or administrators shall pay said note according to the requirements thereof or so that the said Headlee does not have the said note or any part thereof to pay then this conveyance shall be void, otherwise to remain in full force and effect."And it appearing to the Court that default has been made andthe condition of said Mortgage broken and that said Plaintiff has been damaged in the sum of $137.57 for debt and $10 for damage. It is therefore considered and adjudged that Plaintiff have and recover from said Defendants his said debt and damage as well as costs in this behalf laid out and expended and that the Equity of Redemption of Defendants to said real estate be foreclosed and said land, or so much thereof as is necessary to satisfy this judgment be sold and if insufficient to satisfy this judgment that a general execution issue against David B. Freeman and this judgment to bear 10% interest per annum.
p 409.
Andrew B. Matthews Plaintiff
vs Civil Action by Attachment
Christian S. Bodenhamer Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the full satisfaction of the Court that Defendant has been duly notified of the commencement of this suit by publication in the Springfield Journal, a weekly newspaper published in Greene County State of Missouri, for four successive weeks the last insertion being at least four weeks before the first day of the January term of this Court for 1863 and the Defendant having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed, andthis action being founded on instruments of writing for the direct payment of money signed by Defendant whereby his indebtedness is ascertained.The Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $94 for debt and $14.12 for damage.It is therefore considered and adjudged by the Court that 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 execution issue against the personal property attached in this cause, viz: two black two year old mules, one bay one year old mule and one sorrel horse and that the same or so much as necessary be sold to satisfy this judgment and t hat $97.50 of this judgment bear 10% and the balance 6% interest per annum.
State of Missouri Plaintiff
vs Treason
Abner Hamlin Defendant
Now at this day it is shown to the Court that the wife of John H. Gibson, one of the
(continued)
148
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 409 (cont)
Jurors in this cause, is dangerously sick of a fever. Said John H. Gibson is by consent of both Plaintiff and Defendant released from service on said Jury and Lemuel Bigbee, one of the original panel and prescribed by convention sworn to try the issue in his stead.
p 410.
Now at this day James H. Shaw is by the Court appointed assistant Circuit Attorney pro tem and sworn as the Law directs.
State of Missouri Plaintiff
vs Civil Action. Forfeiture of Recognizance
W.A. Campbell, B.A. Barnett,
J.J. Campbell Defendants
Now at this day comes on to be heard the demurer of Defendants heretofore filed in this cause and all singular the premises being seen and fully understood by the Court said demurer is by the Court overruled to which ruling of the Court Defendants except and leave is given Defendant till the first Monday in June to plead in this cause.
p 411/412.
William R. Watts Plaintiff
vs Civil Action
Andrew Thompson, Robert Horn,
W.M. Blackman, Ripley B. Weaver Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been notified of the commencemenyt of this suit 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 last term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and it further appearing to the satisfaction of the Court that on the 8th day of June 1863 an attachment was issued from the Office of the Clerk of Greene Circuit Court directed to the Sheriff of Greene County which was on the 15th day of July returned executed on the following described real estate, viz: SE 1/4 of NE 1/4 and W 1/2 NW 1/4 Section 24 Township 28 Range 22 belonging to Andrew Thompson one of the Defendants in this cause also SE 1/4 and E 1/2 SW Section 14 and NW NE Section 16 Township 29 Range 23 and SW SE Section 34 and NW SE Section 34 Township 29 Range 21 belonging to Defendant Blackman and this action being founded on a claim for wrongful detention and imprisonment received by Plaintiff from Defendants as well as for property taken from Plaintiff by Defendants and Plaintiff having waived the necessity of a Jurythis cause is tried by the Court sitting as a Jury and the Court finding that there had been an interlocutory judgment rendered at the last term of the Court in this cause. After hearing the evidence doth find that Defendants have injured Plaintiff in the sum of $1500. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendants his said damage of $1500 as well as costs in this behalf laid out and expended and that a special fi fa issue against the real estate heretofore attached in this cause and all or so much thereof as is necessary be sold to satisfy said execution.
p 412
Francis M. Watson and Jane Watson
admins of the estate of Baronet
Watson, decd. Plaintiffs
vs Civil Action
William Gorsuch Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of
(continued)
149
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 412 (cont.)
the Court that the Defendant had been duly suinmoned at least 15 days before the first day of the present term of this Court and having failed to plead to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendant the Court doth find from an examination of the same that Defendant is indebted to Plaintiffs in the sum of $139.83 debt and also $57.64 damage.It is therefore considered by the Court that Plaintiffs have and recover of and from Defendant their said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and this judgment to bear 10% interest.
p 412/413.
John F. Wade, admin estate of
J.W.E. Rucker deceased Plaintiff
vs Civil Action
James Jackson 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 of the commencement of this suit 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 it further appearing that on the 10th day of September 1863 an attachment was issued from the Office of the Clerk of the Circuit Court for Greene County directed to the Sheriff of Greene County and was by him returned on the 9th day June 1864 levied on the following real estate of the Defendant, viz: SW 1/4 of NW 1/4 and NW 1/4 of NW 1/4 Section 24 Township 28 Range 24 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 signed by Defendant the Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $40 debt and also $15 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 real estate attached in this cause and all or so much thereof as is necessary be sold to satisfy said execution.
p 413/414.
John F. Wade, admin of estate of
J.W.E. Rucker, deceased Plaintiff
vs Civil Action
James Jackson, William A. Jackson
and Thomas J. Crittenden Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this suit as to Defendant William A. Jackson and it appearing to the satisfaction of the Court the other defendants 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 at least four weeks before the first day of the present term of this Court and it further appearing that on the 9th day of September 1863 an attachment was issued from the office of the Clerk of the Greene Circuit Court directed to the Sheriff of said County which was by said Sheriff returned on the 9th day of January 1864 executed by levying upon the following real estate, viz: SW 1/4 NW 1/4 and NW NW 1/4 Section 24 Township 28 Range 24 and the W 1/2 of SE and SE of SW Section 25 Township 28 Range 24 levied on as the property of the Defendants James Jackson and Thomas J. Crittenden and the Defendants having failed to plead to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory not e signed by Defendants the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $100 for debt and also $54.27 for his damage.It is therefore
(continued)
150
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 413/414 (cont.)
considered by the Court that Plaintiff have and recover of and from 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 real estate heretofore attached in this cause and all or so much thereof as is necessary be sold to satisfy said execution and this judgment bear 10% int.
p 414.
Thomas Potter Plaintiff
vs Civil Action
Richard M. Jones & George W. Jones Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Defendant George W. Jones and both Plaintiff and Defendant announcing ready and this cause coming on to be heard thereupon comes the Jury, viz: James S. McQuerter, John Hursh, John Steele, F. Watson, R.P. Ellison, G.W. Jamison, A. Cargile, P.C. Hooper, J.H. Kelly, J. Lippman, L.A. Robertson and J.R. Earnest, twelve good and lawful men who having taken and substantiated the oath subscribed by the convention and duly sworn to try the issue and after hearing the evidence and receiving the instructions of the Court retired to consider of their verdict. Upon returning into Court they, through their foreman, and presence of the Court returned the following verdict, viz: we the Jury find for thePlaintiff and assess the damage Plaintiff has sustained at $500, John Hursh, foreman. 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 for which execution may issue.
Now at this day it appearing to the satisfaction of the Court that Elisha White had been summoned to serve as a Juror in this Court and having failed to do so it is ordered by the Court a rule be entered against said White for him to appear at the next term of this Court to show cause if any he have why he should not be fined $5 for contempt of Court.
State of Missouri Plaintiff
vs
Abner Hamlin Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney and the Jury also coming into Court this trial progresses.
Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill C.J.
February 9, 1864. Court met pursuant to adjournment present as on yesterday.
p 415.
Bank of the State of Missouri Plaintiff
vs Civil Action
David L. Fulbright, Jasper
Weaver & William D. Fulbright Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this suit as to Defendant William D. Fulbright and it appearing to the satisfaction of the Court that the other Defendants had been 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 signed by Defendants the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $1900 debt and also $104.50 for damage.It is therefore considered by the Court that the
(continued)
151
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 415 (continued)
Plaintiff have and recover of and from Defendants his said debt and damage as well as for costs in this behalf laid out and expended for which execution may issue.
p 415/416.
John F. Wade as admin of the estate
of J.W.E. Rucker, deceased Plaintiff
vs Civil Action
James Jackson, William A. Jackson Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant William A. Jackson had been served with process at least 15 days before the first day of the present term of this Court and the Defendant James Jackson had been duly notified by publication in the Springfield Journal, a newspaper published in the State of Missouri for four weeks before the first day of the present term of this Court the last insertion at least four weeks before the first day of the present term of this Court and it further appearing to the satisfaction of the Court that on the 10th day of September 1863 an attachment was issued from the office of the Clerk of the Circuit Court for Greene County directed to the Sheriff of said County and was by him returned on the 9th day of January 1864 executed by attaching the following described real estate, viz: SW 1/4 NW 1/4 and NW 1/4 NW 1/4 Section 24 Township 28 Range 24 as the property of the Defendant James Jackson and the Defendants having failed to plead to Plaintiffs petition the same is taken as confessed and this action being founded on a promissory note signed by Defendants the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $122.95 debt and also $45.21 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 a special fi fa issue against the real estate attached and also so much thereof as is necessary be sold to satisfy said debt and damage.
p 416.
John F. Wade admin of the estate
of J.W.E. Rucker, deceased Plaintiff
vs Civil Action
Thomas J. Crittenden Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been 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 before the first day of the present term of this Court and having failed to plead to Plaintiffs petition and it further appearing that on the 9th day of September 1863 an attachment issue from the office of the Clerk of the Greene Circuit Court directed to the Sheriff of said County which Writ was by him returned on the 9th day of January 1864 executed by levying upon the following real estate of Defendant, viz: W 1/2 SE 1/4 Section 25 and SE of SW Section 25 Township 28 Range 24 and this action being founded on two promissory notes signed by Defendant.The Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $147 debt and $37.70 damage.It is therefore considered by t he Court that the Plaintiff have and recover of and from the Defendant his said debt and damage as well as costs in this behalf laid out and that a special execution may issue against the real estate attached in this cause and all or so much thereof as is necessary be sold to satisfy said execution.
152
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 417.
William B. Logan & John Morton, doing
business under the name and style of
Logan and Morton Plaintiffs
vs Civil Action
Richard M. Jones Defendant
Now at this day comes the Plaintiff by attorney appearing to the satisfaction of the Court that the Defendant had been duly served with process at least 15 days before the first day of the present term of this Court and having failed to plead to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendant. The Court doth find from an examination of the same that Defendant is indebted to Plaintiffs in the sum of $175.96 for debt and also S36.19 for damage. It is therefore considered by the Court that Plaintiffs have and recover of and from Defendant their said debt and damage as well as costs in this behalf laid out and expended for which execution may issue.
p 417/418.
Joseph Chaffin Plaintiff
vs Civil Action
Harvey H. Neaves Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been 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 before the first day of the present term of this Court and this action being an action on a promissory note signed by Defendant the Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $200 debt and also $61.12 damage and it further appearing to the satisfaction of the Court that on the 19th day of August 1863 an attachment was issued from the office of the Clerk of the Greene County Circuit Court directed to the Sheriff of said County and was by him returned on the 27th day of August 1863 executed by levying upon a certain jackass and it further appearing that said jackass was by said Sheriff sold for the sum of $125 under an order from the Judge of the 14th Judicial Circuit and it further appearing from said return of said Sheriff that on 24th day of September 1863 he levied upon and seized the following personal property, viz: one mouse colored yearling jackass, two cows and calves, the running gear of a carriage,one cooking stove and part of utinsils of same, one feather bed and bedding and one carpet and it further appearing that after the sale of said jackass he was released from under attachment by order of Plaintiff on the 10th day of October 1863.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 property attached in this cause and all or so muchthereof as is necessary be sold to satisfy said execution and that the Sheriff pay to Plaintiff the amount after deducting the necessary expenses for which said property sold.
p 419.
Bank of State of Missouri Plaintiff
vs Civil Action
William C. Price, John H. Price
and Marcus Boyd Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this suit as to Defendant John H. Price and it appearing to the satisfaction of the Court that there had heretofore been rendered an interlocutory judgment in this cause and Defendant Boyd had been served with process at least fifteen days before the first day of the present term of this Court and the Defendant William C. Price had been duly
(continued)
153
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 419 (cont)
notified by publication in the Springfield Missourian for four weeks successively the last insertion at least four weeks before the first day of the present term of thie Court and this action being founded on a promissory note signed by the Defendants and also to foreclose the Equity of Redemption in and to the following described real estate, viz: Lot #7, 2, 3 and 4 of Block one and Lots 1, 2, 3, 4 in Block 2 in Price Addition, said real estate belonging to Defendant William C. Price, to the town of Springfield, Missouri and Defendants having failed to plead to Plaintiff's petition the same is taken as confessed.The Court doth find from an examination of the instrument sued on that Defendants are indebtedto Plaintiff in the sum of $3250 debt and also $605.04 damage.It is therefore considered by the Court that the Plaintiff have and recover of and from Defendants her said debt and damage as well as costs in this behalf laid out and expended that an execution may issue against the Defendant Boyd for said sum and also that the Equity of Redemption in the real estate heretofore mentioned in this cause shall be forever foreclosed and that the same be sold and that a special fi fa issue against the above described real estate and all or so much thereof as is necessary be sold to satisfy said execution.
p 420. February 9th 1864.
John F. Wade admin of the estate
of J.W.E. Rucker, deceased Plaintiff
vs Civil Action
R.J. Ragsdale Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant could not be summoned in this cause. It is therefore ordered by the Court that publication be made notifying said Defendant that an action against him has been commenced by the Plaintiff based upon a note signed by Defendant for the sum of $100 and given by Defendant to one Alfred Ragsdale and by said Alfred Ragsdale assigned to J.W.E. Rucker in his lifetime.Amount for which Plaintiff claims judgment is $100 and interest from date of said note. It is further ordered by the Court that publication be made in the Springfield Journal, a newspaper published in the State of Missouri four weeks successively the last insertion at least four weeks before the first day of the next term of this Court which will commence on the first Monday in August 1864 and on or before the third day thereof if the term shall so long continue if not then before the term shall end and plead to Plaintiffs petition the same will be taken as confessed and judgment rendered accordingly.
p 420/421.
William B. Logan, John McDowell
& William McDowell, a firm doing
business under name and style of
W.B. Logan & Co. Plaintffs
vs Civil Action
Thomas Wilkerson Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant cannot be served in this cause.It is therefore ordered by the Court that publication be made 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 next term of this Court notifying said Defendant that an action has been commenced against him by Plaintiffs to obtain a judgment on a certain promissory note signed by Defendant for the sum of $285.73 that unless he appears at the next term of this Court which will commence on the first Monday in August A.D. 1864 and on or before the 3rd day thereof if the term shall so long continue, if not, then before the end of term plead to Plaintiff's petition the same will be taken as confessed and judgment rendered accordingly.
154
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