Springfield-Greene
County LibraryJanuary Term 1865
Book G
p 83 (cont)
State of Missouri
vs Selling Liquor Without License
J TO
State of Missouri
vs Selling Liquor Without License
H&J
State of Missouri
vs Selling Liquor Without License
J AP
p 84.
State of Missouri
vs Selling Liquor Without License
T S
State of Missouri
vs Selling Liquor Without License
W HW
State of Missouri
vs Selling Liquor Without License
E H
State of Missouri
vs Selling Liquor Without License
M DS
State of Missouri
vs Keeping Billiard Table Without License
J. H.
State of Missouri
vs Selling Liquor Without License
W AK
State of Missouri
vs Selling Liquor Without License
J L & J L
State of Missouri
vs Selling Liquor Without License
J L& J L
State of Missouri
vs Selling Liquor Without License
J L & J L
187
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 84 (cont)
State of Missouri
vs Selling Liquor Without License
W HW
State of Missouri
vs Selling Liquor Without Oath and Bond
E H
State of Missouri
vs Selling Liquor Without License
J L & J L
State of Missouri
vs Selling Liquor Without License
J Mc
State of Missouri
vs Selling Liquor Without License
W HW
Which said indictments were by the Court ordered to be files and capiases issued thereon returnable instanter.
p 85.
Bank of State of Missouri
vs
John Lair & G.P. Shackleford
Now at this day comes the Plaintiff by attorney and by leave of Court files her motion to strike out demurer of Defendant heretofore filed in this cause.
Bank of State of Missouri
vs
R.P. Haden, William H. Frazier
& G.P. Shackleford
Now at this day comes the Plaintiff by attorney and by leave of Court files her motion to strike out demurer of Defendant heretofore filed in this cause.
Ordered by the Court adjourn until tomorrow 9 o'clock. John S. Waddill Circuit Judge
Friday January 13th 1865
Court met pursuant to adjournment. Present as on yesterday.
Rest of page 85 motions.
p 86.
Three items on page marked "In Error"
p 87.
Edwin T. Robberson Plaintiff
vs Civil Action
Ripley B. Weaver Defendant
Now at this day comes on to be heard the above entitled cause and the Defendant having
(continued)
188
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G.
JANUARY TERM 1865
p 87 (cont)
failed to show cause why the interlocutory judgment rendered heretofore in this cause should be set aside and the Plaintiff waiving the necessity of a Jury, this cause is tried before the Court sitting as a Jury. The Court doth find from the proof that Defendant is indebted to Plaintiff in the sum of $89 debt and it further appearing to the Court that a Writ of Attachment was issued in this cause on the 28th day of January 1863 which was by the Sheriff on the 28th day of January levied upon the following real estate viz SW 1/4 Section 24 & NW 1/4 Section 25 Township 28 Range 22 W, It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendant the said sum of $89 debt and also his costs in this behalf laid out and expended and that a special fi fa issue and that the real estate above described be sold or so much thereof as may be necessary to satisfy said debt and costs.
p 87/88.
Samuel Vinton Plaintiff
vs Civil Action
Abram Davis & H.G. Davis Defendants
Now at this day comes Plaintiff and by leave of Court dismisses this cause as to A. Davis and this cause coming on to be heard the Plaintiff appearing by attorney and it appearing to the Court that Defendant was 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 the Defendant waiving the necessity of a Jury this cause is tried before the Court sitting as a Jury and this cause 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 Defendant is indebted to Plaintiff in the sum of $100 debt and also $65.12 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his debt and damage as well as costs in this behalf laid out and expended for which execution may issue.
p 88/89.
Thomas C. Rainey Plaintiff
vs Civil Action
J.N. Wilkes & W.S. Wilkes
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 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 being founded on a promissory note signed by Defendants the Court doth find from an examination of the same that Defendants are indebted to the Plaintiff in the sum of $177 debt and also $31.58 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 and it further appears to the satisfaction of the Court that on the 8th day of June 1863 an attachment issued from the Office of the Circuit Court Clerk which was on the 7th day of July 1863 by the Sheriff levied on the following described real estate viz NE 1/4 SW 1/4 and NW 1/4 of SW 1/4 of Section 26 Township 28 Range 21 and NE 1/4 of SE 1/4 Section 29 Township 28 Range 21. It is therefore ordered by the Court that a special fi fa issue against the real estate herein described and all or so much thereof as is necessary be sold to satisfy said execution.
189
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G.
JANUARY TERM 1865
Bank of the State of Missouri Plaintiff
vs Order Publication
J.G. Adams, J.L. Thompson &
William Thompson Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of tbe Court that the Defendant, J.G. Adams, cannot be served in this cause. It is therefore ordered by the Court that Publication be made notifying said Defendant that an action has been commenced against him in this Court the object and general notion of which is to obtain Judgment against Defendant in the sum of $600 and unless he appears at the next term of said Court which will commence and be held at the Court House in Springfield on the second Monday in July 1865 and on or before the sixth 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. It is further ordered that this order be published 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 the present term of this Court.
p 90/91.
And again came the Grand Jury into open Court and through their foreman in the presence of the Jury returned into Court the following Bills of Indictment viz
State of Missouri
vs
J M
State of Missouri
vs
J M
State of Missouri
vs
W H W
State of Missouri
vs
J H
State of Missouri
vs
W AK
State of Missouri
vs
J F
State of Missouri
vs
J H
State of Missouri
vs
J Hoff
State of Missouri
vs
J H
190
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 90/91 Cont
State of Missouri
vs
J A P
State of Missouri
vs
W HW
State of Missouri
vs
W HW
State of Missouri
vs
J A P
State of Missouri
vs
T L
State of Missouri
vs
J A P
J M
State of Missouri
vs
E Hollingsworth
State of Missouri
vs
E Hollingsworth
State of Missouri
vs
E Hollingsworth
Which said Bills of Indictment were by the Court ordered to be filed and capiases issue returnable
instanter.
p 91.
Benjamin G. Andrews & James Vaughan Plaintiffs
vs Civil Action
George L. Mitchell Defendant
Now at this day this cause comes on for a final hearing and the Court being satisfied that there had been an interlocutory Judgment heretofore rendered in this cause and the Plaintiff waiving the necessity of a Jury this cause is tried before the Court sitting as a Jury and after hearing the evidence the Court doth find that the Defendant is indebted to Plaintiff in the sum of $311.84 damage and the Court being further satisfied that a Writ of attachment issued in this cause which was by the Sheriff of Lawrence County, Missouri, served on L.W. Kelton by attaching in said Kelton's hands all the right credits and evidences of debt and by summoning said Kelton as garnishee and the Court doth further find that the Defendant has been duly notified by order of publication in the Springfield Journal a newspaper published in this State, for four
(continued)
191
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 91 (cont)
successive weeks the last insertion at least four weeks before the first day of this Court. It is ordered by the Court that Plaintiffs have and recover of and from Defendant the sum of $311.84 for their damages in this cause in this behalf expended and that execution issue for the property attached.
p 92.
McClurg, Murphy & Co Plaintiffs
vs Order publication
William Perry & John Perry Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant John Perry cannot be summoned in this cause. It is therefore ordered by the Court that publication be made 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 the present term of this Court which will commence on the second Monday in July 1865 at the Court House in Springfield, Missouri, notifying said Defendant that an action has been commenced against him in this Court as above recited the object and general nature of which is to obtain judgment against him for the sum (not given) and unless he appears on or before the sixth day of said term if the term shall so long continue if not then before the end of the term judgment will be rendered against him for said sum and costs.
p 92/93.
State of Missouri Plaintiff
vs Selling Liquor Without License
_______Haden Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and for a plea says he is guilty in manner and form as charged in the Indictment. It is therefore considered by the Court that Defendant be fined $20 for commission of said offence and that the State of Missouri have and recover of and from Defendant her said fine of $20 as well as costs in this behalf laid out and expended for which execution may issue and Defendant remain in custody of Sheriff until fine and costs are paid.
p 93.
State of Missouri Plaintiff
vs Selling Liquor Without License
________Haden Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and for a plea says he is guilty in manner and form as charged in the Indictment. It is therefore considered by the Court that Defendant be fined $20 for commission of said offence and that the State of Missouri have and recover of and from Defendant her said fine of $20 as well as costs in this behalf laid out and expended for which execution may issue and Defendant remain in custody of Sheriff until fine and costs are paid.
State of Missouri Plaintiff
vs Selling Liquor Without License
________Jarrett Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and for a plea says he is guilty in manner and form as charged in the Indictment. It is therefore considered by the Court that Defendant be fined $20 for commission of said offence and that the State of Missouri have and recover of and from Defendant her said fine of $20 as well as costs in this behalf laid out and expended for which execution may issue and Defendant remain in custody of Sheriff until fine and costs are paid.
192
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 93.
State of Missouri Plaintiff
vs Selling Liquor Without License
_______Jarrett Defendant
Now at this day comes the Circuit Attorney and the Defendant in his Own proper person and for a plea says he is guilty in manner and form as charged in the indictment. It is therefore considered by the Court that Defendant be fined $20 for commission of said offence and that the State of Missouri have and recover of and from Defendant her said fine of $20 as well as costs in this behalf laid out and expended for which execution may issue and Defendant remain in custody of Sheriff until fine and costs are paid.
p 94.
William S. Pollard Plaintiff
vs Civil Action
E.B. Baldwin 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 process at least fifteen days before the first day of the last 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 the wrongful taking of personal property from Plaintiff by Defendant the Court doth find from the evidence produced that Defendant is indebted to Plaintiff in the sum of $133.75 debt and damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damage as well as costs in this behalf laid out and expended for which execution may issue.
p 95.
James S. Doren as admin of the
estate of Josiah Leedy, deceased Plaintiff
vs
William S. Baxley Defendant
Now at this day comes on 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 Plaintiff waiving a Jury Defendant has been personally served with process at least fifteen days before the first day of the present term of this Court and the Court sitting as a Jury doth find from the evidence that during the lifetime of Josiah Leedy the Defendant granted bargained and sold to said Josiah Leedy the undivided half of the following real estate to wit beginning at E.S. Roots NE corner, thence North 30 rods, thence West 45 rods, thence South 30 rods, thence East 40 rods to the place of beginning, being a part of the W 1/2 of the SW 1/4 of Section 14 Township 29 Range 22 Situate in Greene County, Missouri, in consideration of the sum of $325. That at the time of the sale in A.D. 1859 the said Defendant put said Leedy in possession of said real estate who remained in possession until his death in the year 1864. The said Leedy had made valuable and lasting improvements on said real estate. That said Leedy had paid the full amount of the purchase money for said real estate. It is therefore ordered adjudged and decreed that the said Defendant be divested of all the right title interest and estate that he had of in the aforesaid real estate and that the title thereof be rested in the Plaintiff for the use and benefit of the heirs at law of Josiah Leedy deceased and that Plaintiff have judgment for his costs in this behalf laid out and expended and that execution issue therefor.
193
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 95.
State of Missouri Plaintiff
vs Forfeiture Recognizance
William A. Hudgins Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant also by attorney and this cause coming on to be heard on the demurer heretofore filed. The Court doth find that the Writ of sciria facias and the proceedings in the cause tinder it are insufficient for the said State of Missouri to maintain her said suit against the Defendant and the said State by her attorney asks leave to amend, which is granted.
Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill Circuit Judge
p 96.
Saturday January 14th 1865
Court met pursuant to adjournment. Present as on yesterday.
John R. McCluer & Dealtha E. McCluer by
Francis A. McCluer, their father and
guardian and Eldridge B. Miller Plaintiffs
vs Civil Action
Charles A. Haden, Louisiana Haden his wife,
Joseph J. Weaver, R.B. Weaver, Joseph W.
Farrier, Daniel N. Fulbright & Emelet
Fulbright his wife, E.L. Weaver, Ann E.
Weaver, Felix B. Weaver, Archibald Clark
and Mary S. Clark his wife, Judith E.
Weaver, M.E. Weaver, John S. Phelps,
Charles Sheppard & Joseph B. Kimbrough Defendants
Now at this day comes the Plaintiffs by attorney and by leave of the Court dismisses this suit as to Charles A. Haden, Louisiana Haden, his wife, Joseph J. Weaver, R.B. Weaver, Joseph W. Farrier, Daniel N. Fulbright and Emelet Fulbright his wife, E.L. Weaver, Ann E. Weaver, John S, Phelps and all other persons except Joseph B. Kimbrough and Charles Sheppard.
John R. McCluer and Dealtha E. McCluer by
Francis A. McCluer their father and
guardian and Eldridge B. Miller Plaintiff
vs Civil Action
Joseph B. Kimbrough and
Charles Sheppard Defendants
Now at this day comes the Plaintiffs by attorney and by leave of the Court files his motion for judgment against the Defendants for possession of the property claimed in Plaintiff's petition and for back rents as claimed in Plaintiff's petition, which motion is by the Court overruled and judgment refused to which ruling of the Court the Plaintiffs by their attorney excepted.
p 96.
State of Missouri Plaintiff
vs Forfeiture of Recognizance
W.A. Campbell, B.A. Barrett
and J.J. Weaver Defendants
Now at this day comes the Defendants by attorney and by leave of Court files his demurer to the sci fci issued in this cause and all and singular the premises being seen and
(continued)
194
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G.
January term 1865
p 96 (cont)
fully understood by the Court, the Court doth find from an examination of the same that said sciria facias is considered by the Court insufficient for the State to maintain her said suit therefore said demurer is sustained and the Defendant discharged hereof and Plaintiff leave to amend.
P. 97
State of Missouri Plaintiff
vs Selling Liquor Without Oath and Bond
James Hayes Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant in his own proper person and by attorney and it appearing that the Defendant has made due application for an appeal in this cause and has entered into recognizance to the satisfaction of the Court. It is ordered by the Court that the said appeal be granted and that the Clerk make out a complete transcript of the record and proceeding in this cause and transmit the same without delay to the Clerk of the Supreme Court and that this appeal operate as a supersedias in this cause.
Again comes the Grand Jury into Open Court and through their foreman in the presence of the other Jurors returned the following true Bills of Indictment viz (four Bills listed without names or initials) Which said Indictments were by the Court ordered to be filed and capiases issued returnable instanter.
p 98.
And again comes the Grand Jury into Open Court and through their foreman in the presence of the other Jurors return the following Bills of Indictment viz (Four Bills listed no names or initials)
p 98/99.
James Burns Plaintiff
vs Civil Action
Oscar B. Smith Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant had been duly notified of the commencement of this suit by copy of Writ and Petition served on Defendant at least fifteen days before the first day of the present term of this Court and the parties appearing by attorney and announcing ready for trial wherefore comes a Jury viz J.M. Forrester, John McElhaney, J.H. Gibson, John McClellan, Samuel Crenshaw, Daniel Chandler, W.G. Porter, J.B. Brown, F.M. Watson, G.W. Jamison, H.J. Cain and J.B. Cox, twelve good and lawful men who being elected tried and sworn to try the issue and having taken the oath prescribed by ordinance of convention after hearing the evidence and receiving the instructions of the Court retired to consider of their verdict, on returning into Court present the following verdict viz "We the Jury find for the Plaintiff $25 and cost, J.H. Gibson, foreman. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $25 damage and his costs in this behalf laid out and expended for which execution may issue.
Ordered by the Court that Court adjourn until Monday morning 9 o'clock.
John S. Waddill Circuit Judge
p 99.
Monday January 16th 1865
Court met pursuant to adjournment. Present as on Saturday.
195
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G.
JANUARY TERM 1865
Monday January 16th January 1865.
State of Missouri Plaintiff
vs Selling Liquor Without License
W.A. Kelly Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and also Defendant in his own proper person and says he is guilty in manner and form as charged in the Indictment, wherefore the Court doth fine the Defendant the sum of $20 for the commission of the offence. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from Defendant the said sum of $20 fine and also her costs in this behalf laid out and expended for which execution may issue and that Defendant remain in custody of Sheriff until fine and costs are fully paid.
State of Missouri Plaintiff
vs Selling Liquor Without Oath and Bond
W.A. Kelly Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and also Defendant in his own proper person and says he is guilty in manner and form as charged in the Indictment, wherefore the Court doth fine the Defendant the sum of $50 for the commission of the offence. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from Defendant the said sum of $90 fine and also her costs in this behalf laid out and expended for which execution may issue and that Defendant remain in custody of Sheriff until fine and costs are fully paid.
p 100
State of Missouri Plaintiff
vs Grand Larceny
Larkin Russell Defendant
Now at this day comes Larkin Russell as principal and Davis K. Tutt, Thomas G. Martin, J.B. Hickock and John H. Jenkins as securities and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $1000 to he levied of their respective goods and chattels, lands and tenements to be void on condition that Larkin Russell who stands Indicted in the Greene Circuit Court for Grand Larceny 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 on the second Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.
p 101.
Joseph S. Moss admin of estate of
Daniel D. Berry, deceased Plaintiff
against Civil Action
Blackston H. Bills and Elizabeth
Bills, his wife Defendants
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 Plaintiff's petition and the Court being satisfied from an examination of the same that Defendant executed his promissory note to D.D. Berry, now deceased, for the sum of $483 dated January 14th 1861 bearing interest at the rate of 10% per annum and if the interest be not paid annually to become as principal and be at the same rate of interest to secure the payment of said note. The Defendant executed his mortgage deed to D.D. Berry, now deceased, to the following described real estate viz the E 1/2 of Lots 1 & 2 and the E 1/2 of NE 1/4 Section 3 and
(continued)
196
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G.
JANUARY TERM 1865
p 101 (continued)
NW 1/4 of SW 1/4 of Section 2 all in Township 29 Range 22 in the County of Greene and State of Missouri, which mortgage was on condition that whereas the said Blackston H. Bills has this day made, executed and delivered to the said D.D. Berry, now deceased, his promissory note as above described shall pay said sum of money specified in said note and all interest thereon according to the tenor and effect of said note then this conveyance shall be void otherwise it shall be and remain in full force and virtue in Law and the Court sitting as a Jury doth find from the proof that the Defendant is indebted to Plaintiff in the sum of $439.40 debt and damage. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendant the said sum of $439.40 debt and damage and also his costs in this behalf laid out and expended and that the Equity of Redemption of said Defendant before closed in and to said real estate heretofore described and that the Same or so much thereof as may be necessary be sold to satisfy said debt and damage and costs for which a special fi fa may issue and this judgment bear 10% interest.
p 102.
Joseph S. Moss, surviving partner &
admin. of Estate of Daniel D.
Berry, Dec'd Plaintiff
against Civil Action
Blackston H. Bills &
his wife Elizabeth D. Bills Defendants
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 should be set aside and having failed to plead answer or demur to Plaintiff's petition the Court being satisfied from the proof that the Defendant executed his promissory note to J.S. Moss and Co for the sum of $246.51 dated January 1861 and 12 months after date bearing interest at the rate of 10% per annum. And if the interest be not paid annually to become as principal and bear the same rate of interest to secure the payment of said note, defendants executed their Mortgage and to J.S. Moss & Co a firm composed of Plaintiff and Daniel D. Berry conveying to them the said copartners a tract of land situated in the County of Greene and State of Missouri described as follows the East 1/2 of Lots Nos one and two and the E 1/2 of the NE 1/4 of Section No 3 and the NW 1/4 of the SW 1/4 of Sect No. 2 all in Township 29 of Range No. 22 upon the following conditions that the said note specified the Mortgage to be void otherwise that it should remain in full force, and the Court sitting as a Jury doth find from the proof that Defendant is indebted to Plaintiff in the sum of $483 debt and $159.83 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $483 debt and $159.83 damage and also his costs in this behalf laid out and expended and that the Equity of Redemption of said Defendant be foreclosed in said land and realestate heretofore described and that the same be sold or so much thereof as may be necessary to satisfy said debt, damage and costs for which a special fi fa may issue and this judgment bear 10% interest.
p 102/103.
Joseph S. Moss, surviving partner and admin
of Estate of Daniel D. Berry, Dec'd Plaintiff
against Civil Action
John Hyle & Trifena Hyle, his wife Defendants
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 should be set aside and having failed to plead answer or demur to Plaintiffs
(continued)
197
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 102/103 (cont.)
petition, the Court being satisfied from the proof that the Defendant executed his promissory note to J.S. Moss and Co for the sum of $215.97 dated March 5th 1861 bearing 10% interest per annum and when interest not paid annually to become principal and that to secure said note Defendant executed a Mortgage Deed to J.S. Moss and Co. a firm composed of Plaintiff and Daniel D. Berry conveying to them the following described real estate Situate in Greene County, Missouri, viz W 1/2 of Lot No 7 NW 1/4 of Section 5 Township 29 Range 23 upon condition that Defendants should pay said note specified then this Mortgage to be void otherwise to remain in full force, and the Court sitting as a Jury, the Court doth find from the proof that Defendants are indebted to Plaintiff in the sum of $115.97 debt and $34.86 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 and that the Equity of Redemption in the foregoing real estate be foreclosed and a special fi fa issue against said real estate and all or so much thereof as is necessary be sold to satisfy the same.
p 103/104.
Townly Rose admin estate of
William R. Rose, deceased Plaintiff
vs Civil Action
Thomas Forsythe and Temperence
Forsythe Defendants
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 should be set aside and Defendants having failed to plead to Plaintiff's petition and the Court being satisfied from the evidence that Defendants gave Plaintiff a note for the sum of $240.20 and that to secure the payment of said note Defendants executed their Mortgage Deed to Defendant to the following described real estate situate in Greene County, Missouri, viz SW 1/4 SE 1/4 and NW 1/4 of SE 1/4 of Section one Township 28 Range 24, the condition of the above mentioned Deed that if said note were paid then this Deed be void otherwise to remain in full force and it appearing to the satisfaction of the Court that this action is founded on the above described Mortgage and a promissory note the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $240.20 debt and also Sll6.09 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 cost in this behalf laid out and expended and that the Equity of Redemption in the forementioned real estate be foreclosed and a special fi fa issue against said real estate and all or so much thereof as is necessary be sold to satisfy the same.
p 104.
Phillip Bennett Plaintiff
vs Civil Action
Carick W. Aiken 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 served with process in this cause 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 Plaintiff in the sum of $23.95 debt and $4.34 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 for which execution may issue.
198
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 104/105.
William W. McCoy Plaintiff
vs Civil Action
G.M. Tutler et al Defendants
Now at this day comes on to be heard the motion heretofore filed to rule the Plaintiffs to costs and all and singular the premises being seen and fully understood said Plaintiff is by the Court required to give security for costs thirty days before the first day of the next term of this Court.
Francis Turner Plaintiff
vs Civil Action
Wallace Turner Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause. It is therefore considered by the Court that Defendant have and recover from Plaintiff his costs in this behalf laid out and expended for which execution may issue.
Following causes continued:
State of Missouri vs Oliver Scott -- #1 Auctioneering Without License
State of Missouri vs Oliver Scott -- #2 Auctioneering Without License
State of Missouri vs Oliver Scott -- #3 Auctioneering Without License
p 106.
State of Missouri Plaintiff
vs Selling Liquor Without License
William Stubblefield Defendant
Now at this day comes the Circuit Attorney and says he is unwilling 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 but suffer the same to be dismissed and that Defendant go hence without day and a fee bill issue.
State of Missouri Plaintiff
vs Selling Liquor Without Oath and Bond
William Stubblefield Defendant
Now at this day comes the Circuit Attorney and says he is unwilling 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 but suffer the same to be dismissed and that Defendant go hence without day and a fee bill issue.
p 107.
James Hughes Plaintiff
vs Civil Action
William B. Farmer, David L.
Fulbright, Isaac R. Julian Defendants
Now at this day comes on to be heard the petition of Defendant Fulbright for a change of venue in this cause and all and singular the premises being seen and fully understood by the Court, a Change of Venue is awarded to Christian County, Missouri. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant her costs in this behalf laid out and expended for which execution may issue.
State of Missouri Plaintiff
vs Disturbing Peace of a Family
Thomas Harlow Defendant
Now at this day comes Thomas Harlow as principal and William Reynolds as Security and acknowledge themselves each to owe and stand indebted to the State of Missouri in the
(continued)
199
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G.
JANUARY TERM 1865
p 107 (cont.)
sum of $200 to be levied of their respective goods and chattels lands and tenements but to be void on condition that the said Harlow shall be and make his personal appearance on the first day of the next term of the Greene Circuit Court which will commence at the Court House in said County on the second Monday in July 1865 then and there to answer an Indictment preferred against him by the Grand Jury of said County for Disturbing the Peace of a Family and not depart said Court without leave.
State of Missouri Plaintiff
vs Disturbing the Peace of a Family
W.J. Harlow Defendant
Now at this day comes W.J. Harlow as principal and William Reynolds as 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 on condition that the said Harlow shall be and make his personal appearance on the first day of the next term of the Greene Circuit Court which will commence at the Court House in said County on the second Monday in July 1865 then and there to answer an Indictment preferred against him by the Grand Jury of said County for Disturbing the Peace of a Family and not depart said Court without leave.
p 108.
R.B. Edmonson Plaintiff
vs Civil Action
Benjamin Kite Defendant
Now at this day comes on to be heard the motion of Defendant for continuance heretofore filed in this cause and all and singular the premises being seen and fully understood by the Court said mOtion is by the Court sustained and this cause is continued till next term.
Elisha White Plaintiff
vs Civil Action
James Graham 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 of the commencement of this suit, the same is taken as confessed and this action being but it not appearing to the satisfaction of the Court what amount Plaintiff ought to recover from Defendant an enquiry of damage is ordered to be heard at next term of this Court and the amount ascertained when unless cause to the contrary is shown, this judgment will be made final and this cause is continued till the next term of this Court.
p 109.
State of Missouri Plaintiff
vs Gaming
William Cates Defendant
Now at this day comes the Circuit Attorney and Defendant in his own proper person and for a plea says he is guilty in manner and form as charged in the Indictment. It is therefore considered by the Court that Defendant be fined $10 for commiting said offence and that the State of Missouri have and recover of and from the Defendant her said sum of $10 as well as costs in this behalf laid out and expended for which execution may issue.
200
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 109.
Bank of the State of Missouri Plaintiff
vs Civil Action
Reuben E. Blakeley Defendant
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 Missourian, a newspaper published in this State, 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 answer plead or demur to Plaintiff's petition the same is taken as confessed. It further appearing to the satisfaction of the Court that on the 29th day of April 1864 an attachment was issued to the Sheriff from the Office of the Clerk of the Circuit Court which was by said Sheriff on the 22 day of June 1864 levied on the following described real estate viz beginning at the NE corner of Lot No 30 Block 10 first tier of Lots, thence South 19 feet, thence West to Mills and Pattons Alley, thence North 19 feet, thence East to beginning, also, beginning at the NW corner of said Lot No 30 Block 10, thence East 40 feet and 2 inches, thence South to corner of William McAaday Lot, thence West 13 feet and 4 inches, thence South 8 feet, thence West to Pattons Alley, thence North to place of beginning and it appearing to the satisfaction of the Court that this action is founded on an instrument of writing herewith filed 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 $250 debt and also $66.25 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant her 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 described and all or so much thereof as is necessary be sold to satisfy said execution.
p 110.
State of Missouri Plaintiff
vs
C.C. Tribbe and Charles Williams Defendants
Now at this day comes the Circuit Attorney and the Defendants in their own proper person, and by attorney, being arraigned and for a plea say they are not guilty as charged in the indictment.
State of Missouri Plaintiff
vs
C.C. Tribbe and Charles Williams Defendants
Now at this day comes the Circuit Attorney and the Defendant Charles Williams in his own proper person and by attorney and announces ready for trial whereupon the Court doth order a Jury for tomorrow morning 9 o'clock and Defendants are remanded to Jail.
State of Missouri Plaintiff
vs Selling Liquor Without License
Isaac Hoff Defendant
Now at this day comes Isaac Hoff in his own proper person and Richard B. Owen as security and acknowledge themselves each 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, but to be void on condition that the said Hoff shall be and make his personal appearance before the Honorable Judge of our Greene Circuit Court on the first day of the next term thereof which will commence at the Court House in Greene County Missouri on the 2nd Monday in July 1865 and answer an Indictment preferred against him by the Grand Jury of said County and not depart said Court without leave otherwise this bond to remain in full force.
201
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 111.
State of Missouri Plaintiff
vs Keeping Billiard Table Without License
Isaac Hoff Defendant
Now at this day comes Isaac Hoff as principal and Richard B. Owen as security and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $400 to be levied of their respective goods and chattels, lands and tenements, but to be void on condition that the said Hoff shall be and make his personal appearance before the Honorable Judge of our Greene Circuit Court on the first day of the next term thereof which will commence at the Court House in Greene County, Missouri, on the 2nd
Monday in July 1865 and answer an Indictment preferred against him by the Grand Jury of said County and not depart said Court without leave otherwise this bond to remain in full force.
p 111/112.
William A. Gibson Plaintiff
vs Civil Action
John Lair & Cally B. Holland Defendants
Now at this day this cause coming on to be heard and the Plaintiff appearing by Baker and Julian, his attorneys and the Defendant Cally B. Holland appearing by D.C. Dade, his attorney and the Defendant John Lair having been thrice called comes not but makes default and it appearing to the satisfaction of the Court that the said Lair had been duly notified of the pendency of this suit by publication in the Springfield Missourian a weekly newspaper published in Greene County, Missouri, for four successive weeks the last insertion at least 4 weeks before the first day of the last term of this Court and the said Defendant, John Lair, having failed to plead, answer or demur to Plaintiff's petition in this cause. It is ordered that the same be taken as confessed as to said Defendant Lair, thereupon this cause comes on to be heard upon the petition answer exhibits to Defendant Cally B. Holland and upon the petition so taken as confessed and exhibits as to Defendant John Lair and it appearing to the satisfaction of the Court that the Plaintiff is entitled to the specific performance of the contract mentioned in and exhibited with the petition in this cause. It is therefore ordered, adjudged and decreed by the Court that the said Defendants be divested of all interest to the legal and equitable in and to the real estate in said petition mentioned and described to Lot No 11 in John Lair's Addition to the City of Springfield situate in Greene County, State of Missouri and that the said Defendant Cally B. Holland surrender the possession of the same that the said Plaintiff have a Writ of Restitution for the same and it is further ordered, adjudged and decreed by the Court that the said Plaintiff pay into the hands of the Clerk of the Court the said sum of $350 with interest at the rate of 10% per annum thereon from the 27th day of March 1861 until the payment of the money is paid and that in default thereof this decree shall be held for naught and that the costs of this suit be paid out of said money by the Clerk aforesaid and that the said Clerk retain the residue of said money until the further order of this Court be had. It is further ordered that this decree shall not interfere with or be a bar to any suit the said Plaintiff may bring against the said Defendant Holland for the use or rent of the premises aforesaid.
Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill Circuit Judge
202
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