Springfield-Greene
County LibraryJanuary Term 1865
Book G
p 55.
State of Missouri Plaintiff
vs #3. Selling Liquor Without License
J.F. Oneal Defendant
Now at this day comes J.F. Oneal as principal and P.C. Beal and H.H. Cunningham as securities and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels lands and tenements to be void on condition that the said J.F. Oneal who stands indicted in Greene Circuit Court for Selling Liquor Without License shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will be begun and held at the Court House in Springfield on the 2nd Monday in July 1865 and answer an Indictment preferred against him by the Grand Jury of said Greene County Court for Selling Liquor Without License and not depart said Court without leave.
State of Missouri Plaintiff
vs #4. Selling Liquor Without License
J.F. Oneal Defendant
Now at this day comes J.F. Oneal as principal and P.C. Beal and H.H. Cunningham as securities and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels lands and tenements to be void on condition that the said J.F. Oneal who stands indicted in Greene Circuit Court for Selling Liquor Without License shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will be begun and held at the Court House in Springfield on the 2nd Monday in July 1865 and answer an indictment preferred against him by the Grand Jury of said Greene County Court for Selling Liquor Without License and not depart said Court without leave.
James F. Robinson Plaintiff
vs Civil Action
William Tatum Defendant
Now at this day it appearing to the satisfaction of the Court that the Plaintiff's attorney only took Judgment on one note in this cause whereas there was two and that the second note is unpaid therefore Plaintiff has leave to withdraw said second note by leaving a copy of same.
p 56.
State of Missouri Plaintiff
vs Selling Goods Without License
Moses Haight Defendant
Now at this day comes the Circuit Attorney and the Defendant by attorney and for a plea says he is not guilty as charged in the Indictment and both parties having announced ready for trial whereupon comes a Jury with parties having agreed to try the issue with eleven men as Jurors viz B.W. Henslee, T.V. Massey, S.J. Gott, J.W. McQuigg, J.M. Forester, Henry Westmoreland, T.S. Appleby, J.M. Wood, N. Massey, Eli Spoon and John B. Robinson who having taken the oath presented by the Convention were duly elected tried and sworn to try the issue and after having heard the evidence and received the instructions of the Court retired to consider of their verdict. Upon returning into Court they through their foreman and in the presence of the Jury returned the following verdict "We the Jury find the Defendant not guilty as charged in the Indictment. B.W. Henslee, foreman." It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and that Defendant be discharged and go hence without day and a Fee Bill issue in this cause.
173
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 56.
T.E. Robertson & James Robertson Plaintiffs
vs Civil Action Coroner Deed to Robertson
N. Ford, C.C. Parish & John A. Patterson Defendants
Now at this day comes James F. Brown Coroner of Greene County Missouri and acknowledged making and executing and delivering a Deed to James W. Robertson to the following described real estate viz SW 1/4 of NE 1/4 and SE 1/4 of NW 1/4 and SW 1/4 of NW 1/4 and NW 1/4 of SW 1/4 and NE 1/4 of SW 1/4 and NW 1/4 of SE 1/4 of Section 25 Township 30 Range 23, said Robertson being the highest best and last bidder for said real estate under an execution issued from the Clerk's Office in the above entitled cause.
T.E. Robertson & James Robertson Plaintiffs
vs Civil Action Coroner Deed to Samuel G. Appleby
Ford, C.C. Parish & John A. Patterson Defendants
Now at this day comes the Coroner of Greene County, James F. Brown, and acknowledges in Open Court the execution of a Deed to Samuel G. Appleby of the following described Lots viz Lots No two twenty three and twenty four in Hendricks and Jones Addition to Springfield Missouri said Appleby being the highest and best bidder for said real estate under an execution issued from the Clerk's Office in the above entitled cause.
p 57.
And again comes the Grand Jury into Open Court and through their foreman in the presence of the other members of the Grand Jury returned into Court the following Bills of Indictment viz (Six Bills listed no names)
Which said Bills were by the Court ordered to be filed and capiases issued returnable instanter.
State of Missouri Plaintiff
vs #2. Working on Sunday
Dewitt Brewster Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney and for a plea says he is not guilty in manner and form as charged in the Indictment and both parties having announced ready for trial thereupon comes a Jury viz F. Mack, Z.M. Rountree, J.L. McCraw, A. Garason, J.A. Berry, J.F. Robinson, J.J. Bradley, C. Bradley, William Edwards, D.S. Drumright, J.E. Wright and William V. Ingram, twelve good and lawful men who having taken the oath prescribed by the Convention
were duly elected tried and sworn to try the issue and after hearing the evidence of both Plaintiff and Defendant and receiving the instructions of the Court retired to consider of their verdict and upon returning into Court through their foreman returned the following verdict viz "We the Jury find the Defendant guilty and fine him $5. Z.M. Rountree, foreman." It is therefore considered by the Court that the State of Missouri have and recover of and from Defendant her said fine of $5 as well as costs in this behalf laid out and expended for which execution may issue and Defendant remain in custody of Sheriff till fine and costs are paid.
p 58.
Now at this day J.H. Crighton having been duly examined and having taken the oath prescribed by the Convention is by order of the Court permitted to sign the Roll of Attorneys in this Court.
Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill C J
174
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G.
JANUARY TERM 1865
p 58.
Wednesday January 11th 1865
Court met pursuant to adjournment. Present as on yesterday.
p 58/59.
John Murray & John O. Sheppard Plaintiffs
vs Civil Action
Bennett H. Saye Defendant
Now at this day comes on again to be heard the above entitled cause and the Defendant having failed to show cause why the interlocutory judgment heretofore rendered in this cause at the last term of this Court should be set aside and the said Defendant having failed to plead answer or demur to Plaintiffs petition and the Court being satisfied from the proof that the Defendant has been duly notified of the commencement of this Suit by a copy of Writ and Petition left at his usual place of abode with a free white person over the age of 15 years, a member of Defendant's family and being further satisfied from the proof that Defendant executed his promissory note to the Branch Bank of the State of Missouri at Springfield for the sum of $1000 dated on or about the 25th day of May 1861 and due September 25th 1861 and the said John Murray and John O. Sheppard endorsed the same to secure the said Plaintiffs the said Defendant executed his mortgage and to the following real estate viz the E 1/2 of the NE 1/4 Section 26 the E 1/2 of the W 1/2 of the SE 1/4 of Section 26 Township 30 Range 23 also the W 1/2 of the SW 1/4 of Section 29 Township 31 Range 22 in Greene County, Missouri, on the following conditions viz Now if the said Bennett H. Saye his heirs, executors or admins shall well and truly pay the sum of money specified in said note or draft and every part thereof together with all interest thereon if any when said note or draft shall become due and payable according to the true tenor, meaning and effect thereof then this Deed shall be void. And the Court sitting as a Jury doth find from the proof that the Defendant is indebted to Plaintiffs in the sum of $1000 debt and $196.66 damage due Plaintiffs by Defendant. It is therefore considered by the Court that the Plaintiffs have and recover of and from Defendant the said sum of $1000 debt and $196.66 damage and also their costs in this behalf laid out and expended and that the Equity of Redemption of said Defendant be foreclosed and said land and real estate heretofore described or so much thereof as is necessary to pay said debt damage and costs be sold for which a special fi fa may issue, if not sufficient to satisfy said debt damage and costs a general execution may issue.
Rest of page 59 Divorces Previously extracted.
p 60.
Matthew Chapman & William R. Horn admins
of estate of James Horn, deceased Plaintiffs
vs Civil Action
William S. Wilkes Defendant
Now at this day this cause coming on to be heard and the Defendant having failed to show cause why the interlocutory judgment rendered in this cause at the last term of this Court should be set set aside and the said Defendant having failed to plead answer or demur to Plaintiff's petition and this action being founded on three promissory notes signed by Defendant whereby the amount is ascertained. The Court sitting as a Jury doth find from an examination of the same that the Defendant is indebted to Plaintiff in the Sum of $175.37 debt and $47.72 damage. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendant the said sum of $175.37 debt and $47.72 damage and also their costs hereof laid out ane expended and it appearing further that on the 5th day of January 1864 a Writ of Attachment was issued from the Clerk's Office of this Court which was bv the Sheriff on 5th day of June 1864 levied upon the following real estate in Greene County Missouri viz NE 1/4 SW and NW 1/4 SW 1/4 Section 26 Township 28 Range 21 and NE 1/4 SE 1/4 Section 27 Township 28 Range 21. It is further
(continued)
175
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G.
JANUARY TERM 1865 Jan 11th 1865.
p 60 (continued)
ordered that a special fi fa issue to sell the above described real estate or so much thereof as may be necessary to satisfy said debt, damage and costs.
p 60/61.
Thomas S. Young, Alexander Young,
Charles H. Wood, Daniel C. Young,
Charles Perrin & William F. Stone Plaintiffs
vs Civil action
William G. Evans, Thomas B. Morgan
and Eber Compton Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified of the commencement of this suit by publication in the Springfield Patriot, a newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day of this Court and having failed to answer plead or demur to Plaintiff's petition and the same being founded on a promissory note for the direct payment of money the Court doth find from an examination of the same that the Defendants are indebted to the Plaintiffs in the sum of $274.43 debt and $112.80 damage and it further appearing to the Court that a Writ of Attachment was issued in this cause on the 17th day of February 1864 and was by the Sheriff of Greene County on the 25th day of February 1864 levied on the following real estate viz beginning at the NW corner of a parcel of land sold by D.L. Fulbright to Anderson Johnson on 25th day of December 1854 running thence West 7 rods, thence South 26 rods, thence East 7 rods, thence North 26 rods to the beginning containing one acre and 22 rods more or less. It is therefore considered and adjudged by the Court that the Plaintiffs have and recover of and from Defendants the said sum of $274.43 debt and $112.80 damage and also their costs in this behalf laid out and expended and that a special fi fa issue and that the real estate attached be sold or so much thereof as may be necessary to satisfy said debt, damage and costs and that this judgment bear 1% int,
p 61/62.
Enoch Jessup Plaintiff
vs Civil Action
Eli Jessup & William M. Jessup Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant, William M. Jessup, has been duly notified of the commencement of this suit by copy of Writ and Petition served upon him at least fifteen days before the present term of this Court and that Eli Jessop has been duly notified of the commencement of this suit by publication in the Springfield Patriot, a newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day of this Court and having failed to answer plead or demur to Plaintiff's petition and the same remains wholly undefended and it further appearing to the Court that a Writ of Attachment was issued on this cause on the 7th day of November 1864 and was by the Sheriff of Greene County on the 12th day of December 1864 levied on the following real estate property of Eli Jessup viz the NW 1/4 Section 29 Township 28 Range 21 and E 1/2 of NE 1/4 Section 30 Township 28 Range 21 and this action being founded on a promissory note signed by Defendants for the direct payment of money. The Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $200 debt and $60.83 damage. It is therefore considered and adjudged by the Court that the Plaintiff recover of and from the Defendants the said sum of $200 debt and $60.83 damage and also his costs in this behalf laid out and expended and that a general execution issue against Defendant William M. Jessup and that a special fi fa issue against property attached and that the real estate attached be sold or so much thereof as may be necessary to satisfy said debt, damage and costs and that this judgment bear 10% interest per annum.
176
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 62.
Jacob Painter Plaintiff
vs Civil Action
Rufus Shipp Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant has been duly notified of the commencement of this suit by publication in the Missouri Patriot, a newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day of this Court and having to answer plead or demur to Plaintiff's petition the same is taken as true. It is therefore considered and adjudged by the Court that the Plaintiff have judgment interlocutory by default and unless the same be set aside for cause shown by the sixth day of the next term of this Court that enquiry be had and this judgment be made final.
William J. McDaniel Plaintiff
vs Civil Action
Thomas A. Reed, Sheriff of
Greene County, C.W. Bodenhamer alias
Christopher W. Bodenhamer, Joseph E.
Bodenhamer alias J.E. Bodenhamer Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to J.E. Bodenhamer. And it appearing to the satisfaction of the Court that Defendants has been duly notified of the commencement of this suit by personal service of a copy of Writ and Petition served on them 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. It is therefore considered and adjudged by the Court that Plaintiff have Judgment Interlocutory by default and unless the same be set aside for cause shown by the sixth day of the next term of this Court that enquiry be had and this judgment be made final.
p 63/64.
James F. Hardin Plaintiff
vs Civil Action
Thomas J. Andrews Defendant
Now at this day comes the Plaintiff and Defendant appearing by attorney, the parties having waived the necessity of a Jury. The Court sitting as a Jury doth find from an examination that Defendant is indebted to Plaintiff in the sum of $125 debt and it appearing to the Court that a Writ of attachment was issued in this cause on the 9th day of August 1864 and was by the Sheriff levied upon the following real estate viz beginning at the NW corner of Lot #30 Block #10 first tier of Lots in the City of Springfield Missouri running thence East 20 feet, thence South to William McAdams Lot, thence West 20 feet to Pattons Alley, thence North to the place of beginning also by seizing and levying on two billiard tables and fixtures and also Writ of Attachment was issued from the Clerk's Office on the 21st day of September 1864 and was by the Sheriff levied on the 26th day of September 1864 on the following personal property to wit: one billiard table and fixtures also $125 in U.S. Treasury notes. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said sum of $125 debt and a special fi fa issue and that the real estate and personal property attached be sold or so much thereof as may be necessary to satisfy said debt and as per agreement that Defendant recover of and from the Plaintiff the costs in this behalf laid out and expended for which execution may issue.
177
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 64.
State of Missouri Plaintiff
vs Selling Liquor Without Oath and Bond
J.L. Brodie Defendant
Now at this day comes J.L. Brodie as principal and T.R. Dodson as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be levied of their respective goods and chattels, lands and tenements to be void on condition that the said J.L. Brodie who stands indicted in the Greene Circuit Court for Selling Liquor Without Oath and Bond shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will be begun and held at the Court House in Springfield on the second Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.
p 65. 11 January 1865
J.E. Winfield
vs Sheriff's Deed
J. Thurman
Now at this day comes T.A. Reed Sheriff of Greene County by his Deputy, J.F. Brown, who is known to the Court as such and the identical person whose name is subscribed to an instrument of writing purporting to be a Sheriff's Deed to Daniel Clark for SE NE NE SE Section 27 Township 29 Range 23 Greene County Missouri sold under execution in the above entitled cause and the said J.F. Brown acknowledged that he executed and delivered the same for the purposes therein expressed.
State of Missouri Plaintiff
vs Selling Liquor Without Oath and Bond
John A. Page Defendant
Now at this day comes the Circuit Attorney and the Defendant by attorney and for a plea says he is not guilty in manner and form as charged in the indictment and both parties having announced ready for trial thereupon came a Jury viz J.S. McQuerter, T.B. Holland, E.B. Phillips, T.J. Oneal, John L. Gardner, R.A. McCluer, E. Painter, W.G. Porter, John McAdams, J.B. Cox, John McCluer and William Rountree, twelve good and lawful men who having taken and subscribed the oath prescribed by the Convention were duly elected tried and sworn to try the issue and after hearing the evidence of both Plaintiff and Defendant and received the instructions of the Court retired to consider of their verdict before returning into Court having failed toagree were ordered by the Court discharged and this cause is continued until next term.
J.E. Winfield
vs
John Thurman
Now at this day comes Thomas A. Reed Sheriff of Greene County by James F. Brown his Deputy and acknowledges the execution and delivery of a Deed to Daniel Clark for the following described real estate: SE 1/4 SE 1/4 and NE 1/4 of SE 1/4 Section 27 Township 23.(S 27 T29 R23?)
p 65/66.
State of Missouri Plaintiff
vs Selling Liquor Without Oath and Bond
John Mills Defendant
Now at this day comes the Circuit Attorney and the Defendant by Attorney also and for a plea says he is not guilty as charged in the Indictment and both parties having announced ready for trial thereupon comes a Jury viz J.M. Brewer, J.H. Price, Charles H. Browning, John Schmooke, T. Carter, Thomas R. Dodson, W. Merritt, F. Evans,
(continued)
178
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1869
p 69/66 (continued)
J.R. Douglas, A. Woodward, J.A. Keltner and W.S. Norfleet, twelve good and lawful men who having taken and subscribed the oath prescribed by the Convention were duly elected tried and sworn to try the issue whereupon the Circuit Attorney says that he is not willing to further prosecute this cause but suffer the same to be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and that Defendant be discharged hereof and go hence without day.
p 66.
Lucy Martin Plaintiff
vs Action to Quiet Title to Real Estate
The heirs and legal reps of
Joseph Rich, deceased Defendants
Now at this day it appearing to the satisfaction of the Court that at the last term of this Court there was a decree nisi rendered in this cause. The Court doth find from the evidence produced that in l838 or 1839 Plaintiff bought of Joseph Rich an improvement on the public lands to which said Rich had a preemption right under the Act of Congress of the 19th of June 1834 that said tract of land is known as the E 1/2 of the SW 1/4 of Section 20 in Township 28 Range 21 that Plaintiff paid the purchase money to the UnitedStates for said tract of land and that since shortly after the sale of said improvement and preemption right the Plaintiff has been in possession of said tract of land claiming it as her own has paid taxes for the same and has made permanent and valuable improvement on the same and that the patent for the said tract of land was issed in the name of Joseph Rich but the Plaintiff is the real owner of said land. It is therefore ordered
and adjudged and decreed by the Court that the title to the E 1/2 of the SW 1/4 of Section 20 Township 28 Range 21 situated in this County be vested in the said Plaintiff that the said Rich, his heirs and legal representatives, or any person claiming in or through them be barred from claiming any right or interest in said premises.
p 66/67.
State of Missouri Plaintiff
vs #3 Working on Sunday
Dewitt Brewster Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney and for a plea says he is not guilty as charged in the Indictment and both parties having announced ready for trial thereupon comes a Jury viz J.M. Brewer, T.M. Forester, J.M. Wood, J.A. Keltner, C.H. Browning, Reeves H. Westmoreland, J.Hackney, C. Bradley, R. Gossage, A. Woodward and F. Evans, twelve good and lawful men who having taken and subscribed the oath prescribed by the Convention were duly elected tried and sworn to try the issue and after hearing the evidence of both Plaintiff and Defendant and receiving the instructions of the Court retired to consider of theirverdict. Upon returning into Court, through their foreman in the presence of the Jury they presented the following verdict viz We the Jury find the Defendant not guilty as charged in the Indictment. J.M. Forester, foreman. It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and Defendant go hence without day and a fee bill issue in this cause.
p 67.
State of Missouri Plaintiff
vs Disturbing the Peace of a Family
P.M. Jaccard Defendant
Now at this day comes P.M. Jaccard principal and William H. Worrell as his security and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $200 to be levied of their respective goods and chattels, lands and tenements but to be void if the said P.M. Jaccard shall make his personal appearance from
(continued)
179
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 67 (continued)
day to day before the honorable Judge of our Greene Circuit Court now sitting and answer an indictment preferred against him for Disturbing the Peace of a Family and not depart said Court without leave.
p 68.
Causes continued
State of Missouri vs James Hayes -- #2 Selling Liquor Without License
State of Missouri vs James Hayes -- #3 Selling Liquor Without License
State of Missouri vs James Hayes -- #1 Selling Liquor Without Oath and Bond
State of Missouri vs James Hayes -- #3 Selling Liquor Without Oath and Bond
State of Missouri vs James Hayes -- #4 Selling Liquor Without Oath and Bond
State of Missouri vs James Hayes -- #5 Selling Liquor Without Oath and Bond
State of Missouri vs James Hayes -- #6 Selling Liquor Without Oath and Bond
State of Missouri vs James Hayes -- Selling Liquor on Sunday
p 69/70.
Thomas P. Nelson Plaintiff
vs Civil Action
William M. Armstrong, B.W. Henslee
& William S. Norfleet as admins of
G.P. Shackleford, dec. Defendants
Now at this day comes on to be heard this cause and the Plaintiff appearing and the Defendant having failed to set aside the default and interlocutory judgment rendered at the last term of this Court or to plead, answer or demur, but continuing in default and Plaintiff waiving a Jury. This cause is tried by the Court and the Court doth find from the evidence the constable's bond of Defendant William M. Armstrong upon which G.P. Shackleford, deceased, was security was and is forfeited and the condition therefore has been violated and that the Plaintiff has been damaged by said breach and violation of said bond in the sum of $100 amount of Defendant receipt for at that time and damage for interest $41.33. Wherefore it is considered and adjudged by the Court that Plaintiff have and recover of and from Defendants the sum of ten thousand dollars the amount of said bond and that Plaintiff have execution against said William M. Armstrong for said sum of one hundred dollars original debt and forty one 35/100 for interest that this judgment for like amount of one hundred dollars debt and forty one 35/100 dollars be transcribed certified and transcript sent to Probate Court of Greene County, Missouri for allowance against estate of G.P. Shackleford deceased, and this Judgment bear 10% interest.
p 70.
State of Missouri Plaintiff
vs Selling Liquor Without Oath and Bond
James Hayes Defendant
Now at this day comes the Defendant James Hayes as principal and Frank Duffy as his Security and acknowledge themselves to owe and stand indebted to the State of Missouri in the just and full sum of $200 to be levied of their respective goods and chattels lands and tenements to be void upon condition whereas James Hayes has this day taken an appeal from the Judgment of the Circuit Court to the Supreme Court in this cause. Now if the said James Hayes shall be and make his personal appeal before the Judge of the Greene Circuit Court as such time as the Supreme Court shall direct and abide and perform the Judgment of the Supreme Court or such Judgment of the Supreme Court shall direct the Circuit Court to enter and not depart the Court without leave then this recognizance is to be void otherwise to be and remain in full force and effect.
180
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 70.
Mercer Moody Plaintiff
vs Civil Action
Nicholas F. Jones & George M. Jones Defendants
Now at this day on motion leave is granted to J.F. Brown, late Coroner of Greene County Missouri and T.A. Reed late Sheriff of said County to amend their respective returns of the levy and sale on the Writ of execution in said cause.
Ordered by the Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill C J.
Thursday, January 12th 1865.
Court met pursuant to adjournment. Present as on yesterday.
p 71.
Charles A. Haden Plaintiff
vs Civil Action
Charlotte Murphy and N.A. H. Murphy Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been served with process at least fifteen 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 Defendants and the amount ascertained whereby the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $325.58 debt and also $53.30 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 costs in this behalf laid out and expended.
p 71/72.
Robert J. McElhaney & Clement Jaggard Plaintiffs
vs Civil Action
William C. Price 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 this State, for four successive weeks the last insertion at least four weeks before the first day of this Court and having failed to answer plead or demur to Plaintiff's petition and the same is taken as confessed and this action being founded on 3 promissory notes signed by Defendant for the direct payment of money and the amount ascertained whereby the Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $285.95 debt and also $161.14 damage. It also further appearing to the satisfaction of the Court that there was issued from the Clerk's Office of the Circuit Court on the 25th day of July 1864 an attachment which was by the Sheriff on the same day levied upon the following described real estate viz Lots 1,2,3,4 in W.C. Price's addition to Springfield, Missouri, and SW 1/4 of NW 1/4 and NW 1/4 of SW 1/4 except 4 45/100 acres W 1/2 NE 1/4 SW 1/4 all in Section 23 Township 28 Range 23 all in Greene County, Missouri. It is therefore considered by the Court that Plaintiffs have and recover of and from the Defendant their 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 and all or so much thereof as is necessary be sold to satisfy said execution.
p 72.
James F. Robinson Plaintiff
vs Civil Action
Charles T. Tatum Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of
(continued)
181
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 72 (continued)
the Court that the Defendant has been duly notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day of this Court and having failed to answer plead or demur to Plaintiff's petition the same is taken as confessed and this action being founded on two promissory notes signed by Defendants and the amount ascertained whereby the Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $249.82 debt and also $84.39 damage and it further appearing that on the 19th day of June 1864 an attachment was issued from the Clerk's Office and was by the Sheriff levied upon the following described real estate viz SW 1/4 SW 1/4 Section 16 Township 30 Range 22 on the 6th day of December 1864. 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 a special fi fa shall issue against the real estate herein attached and all or so much thereof as is necessary be sold to satisfy said execution.
p 72/73.
William Snow Plaintiff
vs Civil Action
Joseph K. Weaver & William C. Price Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this suit as to Defendant Price and it appearing to the satisfaction of the Court that the other 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 for the direct payment of money and the amount ascertained whereby the Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $432.41 debt and also $103.70 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said debt damage and costs in this behalf laid out and expended for which execution may issue.
p 73.
Thomas A. Sherwood Plaintiff
vs Civil Action
Nathan Bray & Jason N. Bruffy Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant, Nathan Bray had in writing acknowledged service and the Defendant Bruffy had been duly notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in this State, for four successive weeks the latest insertion at least four weeks before the first day of this Court and having failed to answer plead or demur to Plaintiff's petition the same is taken as confessed and it also further appearing to the satisfaction of the Court that on the 21st day of March 1864 an attachment was issued from the office of the Clerk of the Circuit Court of Greene County, Missouri, directed to the Sheriff of Barton County, Missouri, which was by said Sheriff of said Barton County, Misosuri, which was by said Sheriff on the 22 day of June 1864 levied upon the following described real estate vis NE 1/2 NE 1/4 Section 32 Township 32 Range 30 and West 1/2 of NE 1/4 Section 13 Township 32 Range 31 and SE 1/4 Section 7 Township 32 Range 30 and NE 1/4 Section 10 Township 32 Range 30 and SE 1/4 NE 1/4 Section 29
Township 32 Range 30 and N 1/2 and SW 1/4 of NW 1/4 Section 29 Township 32 Range 30 and E 1/2 and SW 1/4 of SE 1/4 Section 29 Township 32 Range 30 all in Barton County, Missouri, and this action being founded on instruments of writing signed by Defendants. The Court doth find from an examination of the same that Defendants are indebted to Plaintiffs in the
(continued)
182
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 73 (cont)
sum of $800.91 debt and also $354.26 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants his said debt and damage as well as his costs in this behalf laid out and expended for which a special execution may issue against the property of the Defendant Bruffy and a general execution against the Defendant Bray and this judgment bear 10% interest.
p 73/74.
Thomas Goss Plaintiff
vs Civil Action
John R. Norris & William Norris 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 of the commencement of this Suit by publication in the Missouri Patriot, a newspaper published in this State, for four successive weeks the latest insertion at least four weeks before the first day of this Court and having failed to answer plead 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 $72.73 debt and also $24.81 damage. And it further appearing to the satisfaction of the Court that on the 18th day of August 1864 an attachment issued out of the Office of the Clerk of the Circuit Court in this cause and was by the Sheriff levied upon the following described real estate viz beginning at the SW corner of the SE 1/4 of the NE 1/4 of Section 29 Township 31 Range 20, thence North 7 chains and 50 links, thence East 2 chains 66 1/2 links , thence South 7 chains and 50 links, thence East 2 chains 66 1/2 links, thence South 7 chains and 50 links, thence West 2 chains and 66 1/2 links to the place of beginning also, lots 27,28,29 & 30 in Hendricks and Jones addition to the city of Springfield, also, beginning at the NE corner of a Lot formerly owned by J.B. Shockley on the South side of St. Louis Street in the city of Springfield, thence East on the South side of said Street running parallel to said street 316 1/4 links thence South 316 1/4 links, thence West 316 1/4 links parallell with said street, thence North to the place of beginning on the 18th day of August 1864. 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 costs in this behalf laid out and expended and that a special fi fa issue against the real estate therein named and all or so much thereof as is necessary be sold to satisfy the Same.
p 74/75.
George Hussman, Surviving partner
of Hussman & Manwaring Plaintiff
vs Civil Action
Herman Foster, surving partner of
Graves and Foster Defendants
Now at this day comes on to be heard and the Plaintiff appearing by attorney produced into Court a statement of the Defendant Herman Foster wherein said Foster stated on oath that he was indebted to Plaintiff for money due to the amount $1727.96 which said indebtedness arose out of the purchase by the firm of Graves and Foster from the firm of Hussman and Manwaring of fruit trees and shrubbery on the 8th day of November 1860. Defendant also states that the amount for which judgment ought to be rendered to be $1727.96 and also authorizizes the rendition of judgment against himself in favor of Plaintiff for that amount. The Court after examining the statement of Defendant and being satisfied the statement was sworn to as the Law directs an answer to be shown to and being fully satisfied that Defendant executed the statement in writing and made the affidavit as required and all things being seen and fully understood by the Court, the Court finds that Herman Foster the Defendant is indebted to the Plaintiff in the sum of
(continued)
183
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 74/75 (cont)
$1727.96. It is therefore ordered decreed and adjudged by the Court that Plaintiff have and recover of and from Defendant his said debt aforesaid as well as costs in this behalf laid out and expended for which execution may issue.
p 76.
All motions:
James L. Peck vs John H. Lowery
John L. Holland vs Jehu Robinson
State of Missouri vs H.R. Jarrett -- cause continued
C.S. Bodenhamer vs Robb Adams
Alex Evans vs W.L. Murray
Now at this day comes James Baker atty for Plaintiff and dismisses this suit.
Crow McCreery & Co vs R.G. Abernathy & Co.
Firle & Schoeble vs James Raines
p 77.
Joseph Moss
vs Civil Action
Turner Goodall
Long item marked at side "In Error"
p 78.
Jabez Owen & Sarah R. Owen vs L.A. Campbell marked "In Error"
Henry Matlock vs William Payne et al cause continued
B.H. Stephens et al vs _____ White et al Leave given to withdraw orig. papers.
Joseph Moss
vs Civil Action
John Lair
Long Item marked "In Error"
p 79.
John R. Dunkle Plaintiff
vs Civil Action by Attachment
Bruce R. Wier 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 of the commencement of this Suit by publication in the Springfield Journal, a newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day of this Court and having failed to answer plead or demur to Plaintiff's petition and the same is taken as confessed and this action being founded on an instrument of writing signed by Defendant. The Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum or $220 debt and also $111.80 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 costs in this behalf laid out and expended and it further appearing to the Court that a Writ of Attachment was issued in this cause on the 27th day of April 1864 and was by the Sheriff levied on 11th day of May 1864 on the following real estate viz E 1/2 Lot 7 NW 1/4 Section 5 Township 29 Range 23 containing 39 acres and 95/100, also the E 1/2 of Lot 5 at NW fcl 1/4 Section 5 Township 29 Range 23 containing 39 99/100 acres. It is further considered and adjudged by the Court that a special fi fa issue and that the real estate attached be sold or so much thereof as may be necessary to satisfy said debt, damage and cost and that this judgment bear 10% int.
184
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 79.
(rest of page marked "In Error")
p 80
Two items marked "In Error" includes
State of Missouri vs Samuel Heron -- Grand Larceny
State of Missouri vs Maston Bredon -- Menacing and Threatening
p 81.
Lewis A.D. Crenshaw Plaintiff
vs Civil Action
William A. Campbell Defendant
Now at this day comes the Plaintiff and by leave of Court dismisses this suit as to Defendants Jopes and Armstrong and also that Defendant by attorney and both parties having announced ready for trial and agreeing to try this issue with 6 Jurors thereupon comes a Jury viz T.R. Dodson, J.H. Doran, T.J. Oneal, J. Wagner, John Schmooke and Daniel Clayman, six good and lawful men who having taken and subscribed the oath presented by the Convention were duly elected tried and sworn to try the issue and after hearing the evidence and receiving the instructions of the Court retired to consider of their verdict and upon returning into Court through their foreman in the presence of the Jury returned the following verdict viz We the Jury find for the Plaintiff and assess his damage at $176. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt as well as costs in this behalf laid out and expended for which execution may issue.
p 81/82.
Mary Howard Plaintiff
vs Order Publication
John Tyler Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant cannot be summoned in this cause. It is therefore ordered by the Court that Publication be made in the Springfield Journal, a newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day of this Court notifying said Defendant that action has been commenced against him by Plaintiff the object of which is to obtain a judgment against him on a promissory note for the sum of ? and unless Defendant shall appear at the next term of this Court which will commence at the Court House in said County on the 2nd Monday in July 1865 and on or before the 6th day thereof if the term shall so long continue, if not then before the end of the term and plead to Plaintiff's petition the same will be taken as confessed and judgment rendered accordingly.
p 82.
Reuben A.M. Rose Plaintiff
vs Order of Publication
William C. Price & Alfred M. Julian Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant W.C. Price cannot be summoned in this cause. It is therefore ordered by the Court that Publication be made in the Springfield Patriot, a Newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day of this Court notifying said Defendant that action has been commenced against him by Plaintiff the object of which is to obtain a judgment against him on a promissory note and unless Defendant shall appear at the next term of this Court which will commence and be held at the Court House in said County on the 2nd Monday in July 1865 on or before the 6th day thereof if the term shall so long continue
(continued)
185
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 82 (cont)
if not then before the end of the term and plead to Plaintiff's petition the same will be taken as confessed and judgment rendered accordingly.
p 83.
J.S. Moss Plaintiff
vs Civil Action
James Evans & John A. Patterson
Sheriff of Greene County Defendants
Now at this day comes Plaintiff by attorney and by leave of Court files his petition to Set aside sale of real estate sold under execution in case of James Evans against D.D. Berry Junior and others.
Now at this day comes the Grand Jury into open Court and through their foreman and in the presence of the other members of the Grand Jury return 26 true bills of Indictment
State of Missouri
vs Selling Liquor Without License
J. L. B.
State of Missouri
vs Selling Liquor Without License
S W
State of Missouri
vs Selling Liquor Without License
H & J
State of Missouri
vs Selling Liquor Without License
J. H.
State of Missouri
vs Grand Larceny
E P
State of Missouri
vs Selling Liquor Without License
J H
State of Missouri
vs Selling Liquor Without License
E. D.
State of Missouri
vs Selling Liquor Without License
W A & E CB
State of Missouri
vs Selling Liquor Without License
J M
186
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