Springfield-Greene
County LibraryJuly Term 1864
Book F
p 629.
State of Missouri Plaintiff
vs #3 Selling Liquor Without Oath or Bond
Anthony Fisher Defendant
Now at this day comes Anthony Fisher as principal and J.B. Cox and W,H. Worrell as securities who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be levied of their goods and chattels lands and tenements to be void on condition that the said Anthony Fisher who stands indicted in the Greene Circuit Court for Selling Liquor Without Oath or Bond shall be and make his personal appearance before the Judge of said Court on the first day of the next term thereof which commences on the first Monday in January 1865 and answer said Bill of Indictment and not depart said Court without leave.
p 630.
State of Missouri Plaintiff
vs Gaming
E. Coker Defendant
Now at this day comes E. Coker as principal and H. Jones as security who 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 E. Coker shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term of thereof which commences on the first Monday in January 1865 and answer said Bill of Indictment and not depart said Court without leave,
James Richardson, Ameeda A. Miller,
William B. English, partners in trade
doing business under the firm name of
Richardson, Miller & Co. Plaintiffs
vs Civil Action
William H, Jopes & William B. Farmer,
partners in trade doing business under
the firm name of W.H. Jopes Defendants
Now at this day again come the Jury impannelled in this cause on yesterday and having heard the evidence and instructions of the Court deliver int0 Court the following verdict "We the Jury find the issues for the Plaintiff against both Defendants and assess their damage at $3344,46." It is therefore considered by the Court that the said Plaintiffs have and recover of and from Defendants the said sum of three thousand three hundred and forty four 46/100 dollars for his damage and that he also recover his costs in this behalf laid out and expended and that they have execution therefor.
Ordered by the Court adjourn until tomorrow morning 8 o'clock.
John S. Waddill, C.J.
p 631. Thursday July 21st 1864
Court met pursuant to adjournment. Present as on yesterday.
p 631/632.
Elizabeth D. Campbell administratrix
Leonidas C. Campbell deceased Plaintiff
vs Civil Action
Joseph L. Thompson, Harry Adams
& Francis A. Thompson Defendants
Now at this day comes the Plaintiff by attorney and said Defendants having failed to file their answer plead or demur to said petition but remains undefended and it appearing that the order of publication heretofore made by the Clerk, in vacation, has been complied with
(continued)
59
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 631/632 (continued)
and that the Defendants have been duly notified of the pending of this suit by a notice published in the Springfield Missourian, a weekly newspaper published at Springfield in this County for four successive weeks and that the last publication was made at least four weeks before the first day of this term. It is therefore considered the Plaintiff have an interlocutory judgment against the said Defendants and because said action is founded on a note for the direct payment of money the Court doth find the Defendants are indebted to the Plaintiff in the sum of four thousand and seventh two 20/100 debt and forty-four 11/100 damage by reason of the detention of the same. It is therefore considered the Plaintiff have and recover of and from the said Defendants the aforesaid sum of four thousand and seventy two and 20/100 dollars debt and the said sum of forty four 11/100 dollars damage and his costs and charges in this behalf laid out and expended and that this judgment shall bind only the property and effects attached and it appearing to the Court that on the 27th day of February 1864 the following described property was attached by the Sheriff of this County viz NE 1/4 NE 1/4 & SE 1/4 NE 1/4 & W 1/2 NW 1/4 all in Section 35 TWP 30 Range 24 also NW 1/4 NE 1/4 Section 14 TWP 31 Range 24 & S 1/2 NW 1/4 Section 29 TWP 30 Range 24 & SW 1/4 SW 1/4 Section 30 TWP 30 Range 24, It is therefore ordered by the Court that a special fi fa issue against the property attached as aforesaid,
p 632.
Charles Sheppard, Joseph B. Kimbrough
& Edward L. Weaver, late copartners
under the name of Sheppard, Kimbrough
and Weaver Plaintiffs
vs Civil Action
Jane M. Adams Defendant
Now at this day comes the Plaintiffs by attorney and the said Defendants failed to file her answer plead or demur to said petition but remains therein undefended and it appearing that the order of publication heretofore made by the Clerk, in vacation, has been complied with and that the Defendants have been duly notified of the pending of this suit by a notice published in the Springfield Missourian, a newspaper published at Springfield in this County for four successive weeks and that the last publication was made at least 4 weeks before the first day of this term. It is therefore considered the Plaintiff have an interlocutory judgment against said Defendants and because said action is founded on a note for direct payment of money the Court doth find the Defendants are indebted to the Plaintiff in the sum of $397.21 debt and that the Plaintiff has sustained damage by the reason of retention of the same in the sum of 446.88. It is therefore considered the Plaintiff have and recover of and from said Defendant the aforesaid sum of $397.21 debt and the said sum of $46.88 damage and his costs and charges in this behalf laid out and expended and that the judgment bind only the property attached, And it appearing to the Court that on the 9th May 1864 the following described property was attached by the Sheriff of this County viz NE 1/4 SE 1/4 SW 1/4 &w 1/2 SE 1/4 SE 1/4 =NW 1/4 SE 1/4 = NW 1/4 SE 1/4 Sect 16 TWP 31 Range 20 and the SE 1/4 NE 1/4 Section 16 TWP 31 Range 20 =SW 1/4 SW 1/4 Section 15 TWP 31 Range 20 = N 1/2 NW 1/4 Section 21 TWP 31 Range 20 = SW 1/4 NW 1/4 Section 15 TWP 31 Range 20 = W 1/2 SW 1/4 Section 22 TWP 31 Range 20 = SE 1/4 NW 1/4 Section 22 TWP 31Range 20. It is therefore ordered by the Court that a special fi fa issue against the property attached as aforesaid.
p 633. July 21 1864.
John Wood Plaintiff
vs Civil Action
John Lair, Charles Sheppard,
Joseph B. Kimbrough & C.A. Haden Defendants
Now at this day comes the Plaintiff by attorney and the said Defendants failed to file their answer plead or demur to said petition but remain therein undefended and it
(continued)
60
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
July 21 1864
p 633 (continued)
appearing that the order of publication heretofore made by the Clerk, in vacation, has been complied with and that the Defendants have been duly notified of the pending of this suit by a notice published in the Springfield Missourian, a newspaper published at Springfield in this County for four successive weeks and that the last publication was made at least 4 weeks before the first day of this term, It is therefore considered the Plaintiff have an interlocutory judgment against said Defendants and because said Charles A. Haden and Charles Sheppard have been duly served with personal service more than 15 days before the 1st day of this Court and it also appearing to the Court that the said Joseph B. Kimbrough has not been found, It is therefore considered by the Court that this cause be dismissed as to the said J,B. Kimbrough and it further appearing that the order of publication heretofore made by the Clerk, in vacation, has been complied with and that the Defendant John Lair has been duly notified of the pending of this suit by a notice published in the Springfield Missourian, a weekly newspaper published at Springfield in this County for four successive weeks and that the last publication was made at least four weeks before the first day of this term. It is therefore considered the Plaintiff have an interlocutory judgment against the said Defendants and because said action is founded on a note for the direct payment of money the Court doth find the aaid Defendants are indebted to the Plaintiff in the sum of $2037.66 and that the Plaintiff has sustained damage by reason of detention thereof in the sum of $574.44. It is therefore considered that the Plaintiff have and recover of and from Defendants his said debt and damage and that he have a general execution against the said C.A. Haden and Charles Sheppard and it appearing to the Court that on the 20th February 1864 the following described property was attached by the Sheriff of Greene County belonging to the said John Lair viz the NW 1/4 Section 12 TWP 28 Range 22 = SE 1/4 NW 1/4 Section 23 TWP 28 Range 22 = SE 1/4 Section 21 TWF 29 Range 22 = also part E 1/2 Lot 26 Block 7 2 ten lots as laid down in the plat of the City of Springfield being on the West side of said East half fronting 18 feet on St Louis Street and extending to the rear of said lot also the 28th April 1864 E 1/2 SW 1/4 Section 10 TWP 29 Range 22. It is therefore ordered that a special execution issue against the said property so attached as aforesaid to satisfy said debt and all costs.
p 634.
John Smith Plaintiff
vs Civil Action
Samuel Fulbright & Daniel Fulbright Defendants
Now at this day comes Plaintiff by attorney and the said Defendants having failed to file their answer plead or demur to said petition but therein remain undefended and it appearing that the order of publication heretofore made by the Clerk, in vacation, has been complied with and that the Defendants have been duly notified of the pending of this suit by a notice published at Springfield in this County for four successive weeks and that the last publication was made at least four weeks before the first day of this term. It is therefore considered the Plaintiff have an interlocutory judgment against the said Defendants and because said action is founded on a note for the direct payment of money the Court doth find the Defendants are indebted to the Plaintiff in the sum of $3200 and that the Plaintiff has sustained damage by reason of retention of the same in the sum of $1138.64, It is therefore considered the Plaintiff have and recover of and from the said Defendants the aforesaid sum of $3200 debt and the said sum of $1138.64 damages and his costs and charges in this behalf laid out and expended and that execution issue therefor and that this judgment shall bind only the property and effects attached and it appearing to the Court that on the 30th day of April 1864 the following described property was attached by the Sheriff of this County viz W 1/2 SW 1/4 Section 23 TWP 29 Range 22 = Lots Nos 1 & 2 NE fc1 1/4 Section 6 TWP 29 Range 21 & SE 1/4 Section 6
(continued)
61
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 634 (cont)
TWP 29 Range 21 and SE 1/4 Section 11 TWP 28 Range 22 and SW 1/4 Section 12 TUP 28 Range 22 and E 1/2 and SW 1/4 of NE 1/4 Section 23 TWP 28 Range 22 and SE 1/4 SE 1/4 Section 22 TWP 28 Range 22, It is therefore ordered by the Court that a special fi fa issue against the property attached as aforesaid.
p 635.
State of Missouri Plaintiff
vs Exercising the Business of
Auctioneering Without License,
Higdon R. Jarratt Defendant
Now at this day comes Higdon R. Jarratt as principal and James S. McQuerter as security and acknowledge theniselves to owe and stand indebted to the State of Missouri in the sum of $500 to be levied of their respective goods and chattels lands and tenements to be void on condition that the said Higdon R. Jarratt stands indicted in the Greene Circuit Court for Exercising the Business of Auctioneering Without License shall be and rnake his personal appearance before the Judge of this Court which commences on the first Monday in January 1865 and answer said Bill of Indictrnent and not depart said Court without leave.
State of Missouri Plaintiff
vs Selling Goods Without License
George Gillis Defendant
Now at this day comes George Gillis as principal and Bedford W. Henslee 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 goods and chattels lands and tenements to be void on condition that the said George Gillis stands indicted in the Greene Circuit Court for Selling Goods Without License shall be and make his personal appearance before the Judge of this Court which commences on the first Monday in January 1865 and answer said Bill of Indictment and not depart said Court without leave.
State of Missouri Plaintiff
vs Selling Goods Without License
George Gillis Defendant
Now at this day comes George Gillis as principal and Bedford W. Henslee as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the surn of $250 to be levied of their respective goods and chattels lands and tenements to be void on condition that the said George Gillis stands indicted in the Greene Circuit Court for Selling Goods 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 commences on the first Monday in January 1865 and answer said Bill of Indictment and not depart said Court without leave.
Higdon R. Jarratt & George L. Mitchell Plaintiffs
vs Civil Action
John W. Hancock Defendant
Now at this day Common Pleas Court of Greene County, the Court having been of Counsel in this cause, it is ordered that the Clerk of this Court certify the same to said Court.
p 636.
Jacob R. Winger Plaintiff
vs Civil Action
Joshua M. Bailey Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant has been duly notified of the commencement of this action
(continued)
62
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 636 (cont)
by writ of summons and copy of petition served on him at least 15 days before the first day of this term of Court and failing to plead answer or demur to Plaintiff's petition the same is taken as confessed and this action being to quit the title of Plaintiff against the claim of the Defendant to the following real estate NE 1/4 of NW 1/4 & NW 1/4 of NW 1/4 of Section 36 Township 29 Range 22 West.It is therefore considered and adjudged by the Court that the Plaintiff have judgment interlocutory against the Defendant and if cause to the contrary be not shown on or before the 6th day of the next term of the next term of this Court a decree will be entered against Defendant forever stopping him from setting up any claim or demand to the land aforesaid.
Stephen Samuels Plaintiff
vs Civil Action
Jonathan W, Wilks & William S. Wilks Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified by publication in the Springfield Journal a newspaper published in the State of Missouri as the law directs and the Defendants having wholly failed to plead answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a note signed by Defendants for the direct payment of money the Court doth find on an examination of the same that the Defendants are indebted to Plaintiff in the sum of $100 debt and also the sum of $40 damages. It is therefore ordered and adjudged by the Court that the Plaintiff have and recover of and from the Defendants the said sum of $100 debt and also the sum of $40 damages and also his costs laid out and expended and that he have execution therefor and that this judgment bear 10% interest.
Sheppard Kimbrough & Weaver Plaintiffs
vs Civil Action
John Lair Defendant
Now at this day, the Court having been counsel in this cause a Change of Venue is awarded to the Probate and Common Pleas Court of Greene County.
p.637
Isaac N. Wilson Plaintiff
vs Civil Action
Joseph B. Love and Nimrod Ford Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been duly served with process by leaving a certified copy of Petition and Summons at the usual places of abode with a whiteperson over the age of 15 years, Defendant Ford by reading to him a copy of Writ and petition in Greene County at least 15 days before the first day of the present term of this Court and the Defendants having wholly failed to plead answer or demur to Plaintiffs petition and this action being founded on a notesigned by Defendants whereby the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $175 debt and also the sum of $54.49 damages.It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants the said sum of $175 debt and also the sum of $54.49 damages and also his costs laid out and expended and that he have execution therefor and that his judgment bear 10% interest.
George Kepley Plaintiff
vs Civil Action
Elisha Headlee admin of Estate of
John M. Donnell, deceased
& Charles W. Huff Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of
(continued)
63
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 637 (cont)
the Court that the Defendants had been duly served with process at least 15 days before the first day of the present term of this Court and the Defendants having wholly failed to plead answer or demur to the Plaintiff's petition the same is taken as confessed and this action being founded on a note signed by Defendants for the direct payment of money, the Court doth find from an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $600 debt and also $356.66 damages. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendants the said sum of $600 debt and $356.66 damages and also his costs laid out and expended and that he have execution therefor and t hat this judgment bear 10% interest.
p 638.
Henry Sheppard and John S. Kimbrough Plaintiffs
vs Civil Action
Thomas D. Wooten Defendant
Now at this day comes on to be heard the above entitled cause and it appearing to the satisfaction of the Court that said Defendant has been duly notified by an order of publication published in the Springfield Journal a weekly newspaper published in Springfield, 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 to the satisfaction of the Court that said Defendant has wholly failed to plead answer or demur to Plaintiff's petition the same is taken as confessed. And it is further ordered by the Court that interlocutory judgment be rendered and that this cause be continued until the 12th day of the present term of this Court and that unless cause be shown to the contrary on or before that day the same will be made final,
Elizabeth D. Campbell admx of estate
of L.C. Campbell, deceased Plaintiff
vs Civil Action
Marshall C. Murray Defendant
Now at this day comes on to be heard the above entitled cause and it appearing to the satisfaction of the Court that the said Defendant has been duly notified of the pending of this cause by publication in this County the last publication at least four weeks before the first day of the present term of Court and having failed to answer plead or demur to Plaintiff's petition and remains therein wholly undefended and the same being founded on a note for the direct payment of money and a mortgage deed to sum the same, It is considered by the Court that the Plaintiff have an interlocutory judgment by default and that the same be made final at the next term of this Court unless the Defendant for cause shown have the same set aside.
p 639.
North South & Co, a firm composed of
William North, William L. South
and Andrew J, Dreas Plaintiffs
vs Civil Action
John A. Miller & James S. Jones Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to John A. Miller and it appearing to the Court that the said Defendant James S. Jones had been duly notified by publication in the Springfield Journal, a newspaper published in this County for four successive weeks the last insertion at least four weeks before the first day of the present term of this Court of the pending of this suit and having failed to answer plead or demur to Plaintiff's petition and remains hence wholly undefended and the same being founded on a note for the direct payment of money the Court doth find that the Defendant is indebted to Plaintiffs in the sum of $2468.33 debt
(continued)
64
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 639 (cont)
and $852.26 damages. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendants his said debt and damage and also his costs and it further appearing to the Court that in this cause an attachment was issued and by the Sheriff of Greene County on the following real estate in Greene County vis Beginning West side of South Street South of Lot No 68 of Block 18 containing l 1/2 acres, it being Lot sold to J,S. Jones by John H. and P.M. Miller by deed on page 168 situate in City of Springfield, Greene County, also that the following real estate was attached by the Sheriff of Dade County vis the W 1/2 NE 1/4 and Lot I NW 1/4 Section 7 Township 30 Range 28 = all of Section 17 Township 30 Range 28 N 1/2 NE 1/4 and N 1/2 NW 1/4 Section 20 Township 30 Range 28 & the NE 1/4 Section 26 Township 30 Range 28. It is ordered by the Court that special fi fa issue to Greene and Dade Counties that the said real estate be sold to satisfy said debt, damage and costs.
State of Missouri Plaintiff
vs Robbery
W,A. Campbell, E.G. Armstrong and Lair Defendants
Now at this day comes the Circuit Attorney who says he will not further prosecute this suit. It is therefore considered by the Court that the same be dismissed, that the State take nothing by her writ and that the Defendants be discharged hereof and go hence without day.
p 640.
State of Missouri Plaintiff
vs Robbery
William H. Jopes Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney and says he is not guilty and of this puts himself on the Country whereupon came a Jury viz N. Massey, J.R. Edwards, T.J. Epperson, J.B. Cox, C.C. Moss, A.M. Appleby, John Steel, Anthony Fisher, F,W. Schollen, H. Westmoreland, J.M. Kelly, and B.W. Henslee, twelve good and lawful men who being duly elected and sworn to try the issue and taken the oath prescribed by ordinance and having heard a part of the evidence the Circuit Attorney comes and says he does not wish to further prosecute and agrees that the Jury render a verdict when the said Jury return a verdict vis We the Jury find the Defendant not guilty as charged. It is therefore considered by the Court that the State take nothing by her writ that the Defendant be discharged hereof and go hence without day.
Thomas F. Layton, F.S. Jones,
J.S. Kimbrough & Henry Sheppard Plaintiffs
vs Civil Action
Blackston H. Bills Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the said Defendant had been duly notified of the pending of this suit by the Sheriff of Greene County having a copy of Plaintiff's petition and writ at his usual place of abode in Greene County with a white person a member of his family over the age of 15 years and having failed to answer plead or demur and herein remains wholly undefended and the action being founded on a note for the direct payment of money and a mortgage deed to sum the same. It is considered by the Court that the Plaintiffs have judgment interlocutory by default against said Defendant and that the same be made final at the next term of this Court unless the same be set aside for good cause shown.
65
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 640.
State of Missouri Plaintiff
vs Recognizance To Keep The Peace
E. Childers Defendant
Now at this day comes the Circuit Attorney and also the Defendant and the Court doth consider and adjudge that the said Defendant be held and bound to keep the peace under his said recognizance until the next term of this Court.
p 641.
L.A.D. Crenshaw Plaintiff
vs Civil Action
W.A. Campbell, W.H. Jopes &
E.J. Armstrong Defendants
Now at this day comes the parties and having announced ready for trial, therefore comes a Jury J.H. Rountree, A.H. Scott, R.A. McCluer, W. R. Robertson, R.F. Shockley, N.R. Jarratt, T. _ . Massey, J.S. Appleby, James Appleby, J.H. Gibson, W.H. Rutman, J.G. Pittman, twelve good and lawful men who being duly elected, tried and sworn to try the issue joined having taken the oath prescribed by ordinance and heard the evidence and instructions of Court and not having time to agree on a verdict are by the Court discharged under its charge until 9 o'clock tomorrow.
p 642.
W.H. Wommack, admin of estate of
James Wommack, deceased Plaintiff
vs Civil Action
W.T. Bryant, Jas. B. Small &
George W. Donnell Defendants
Now at this day comes the Plaintiff by attorney and dismisses this cause as to W,T. Bryant and Jas. B. Small, and it appearing to the satisfaction of the Court that the said George W. Donnell had been personally served with notice of the pending of this Suit and having failed to answer plead or demur and remains herein wholly undefended and the same being founded on a note for the direct payment of money signed by Defendant and the amount ascertained thereby the Court from an examination of the same dotli find that the Defendant is indebted to Plaintiff in the sum of $315.30 debt and also $154.60 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and froin the Defendant his debt and damage and also his costs and that he have execution thereof with 10% interest.
Ordered that Court adjourn until tomorrow morning 8 o'clock.
John S. Waddill C J
p 643. Friday July 22nd 1864
Court met pursuant to adjournment. Present as on yesterday.
Peter J. Wirs admin of
N. Barthman deceased Plaintiff
vs Civil Action
J.H. Rhea, Fidelio S. Jones
and Thomas F. Layton Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to James H. Rhea and it appearing to the satisfaction of the Court that the said Defendants F.S. Jones and Thomas F. Layton have been personally served with notice of the present term of Court and having failed to answer plead or demur to Plaintiff's petition and the same remaining wholly undefended and the same being founded on a note signed by Defendants for the direct payment of money the Court doth find that the
(continued)
66
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864 July 22nd
p 643 (continued)
Defendants are indebted to Plaintiff in the sum of $157.52 debt and $54.25 damages. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants his said debt, damage and costs and that he have execution thereof and this judgment bear 10% interest.
Thomas J. Bailey Plaintiff
vs Civil Action
William J. Cannefax and
R.P. Headlee Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been personally served with notice of the pending of this suit more than 15 days before the first day of the present term of this Court and having failed to answer plead or demur to Plaintiff's petition and the same being wholly undefended herein and the said petition being founded on a promissory note signed by Defendants for the direct payment of money the Court doth find from the same that the Defendants are indebted to said Plaintiff in the sum of $206.00 debt and also $172.80 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants his said debt and damage and also costs, that he have an execution therefor and this judgment bear 10% interest.
p 644.
Henry Matlock Plaintiff
vs Civil Action
William R. Ingram, Chesley
Cannefax & Lucias A. Rountree 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 Writ of Summons and copy of petition served upon them at least 15 days before the first day of the present term of this Court and this action being founded on an instrument of writing signed by Defendants for the direct payment of money whereby the Defendants indebtedness is ascertained and having failed to plead answer or demur to Plaintiffs petition the same is taken as confessed. And the Court doth find from an examination of the same that the Defendants are indebted to Plaintiff in the sum of $4188.89 debt and $1204.16 damage and the Court doth further find that on the 14th day of June 1864 a Writ of Attachment issued out of the Clerk's Office of this Court against the Defendant William R. Ingram directed to the Sheriff of Greene County and by him bruyny on and seizing the following real estate of said William R. Ingram situate in Greene County, State of Missouri, viz 100 acres of the North end of SW 1/4 of Section 27 Township 29 Range 22. Also, W 1/2 SE 1/4 Section 27 Township 29 Range 22 being that part of said land lying North of Richland Creek otherwise called B.F.Nowlands Spring Branch and known as the Dow___ of James Payne in S.S. Ingram's estate,also, the E 1/2 SE 1/4 and E 1/2 NE Section 35 and SW 1/4 Section 27 Township 29 flange 22, also beginning at the NW corner of N 1/2 of NE 1/4 of Section 23 Township 29 Range 22 thence South 20 rods to a beginning point, thence East 12 rods to a lot of land belonging to Thomas H. Patterson thence West 12 rods, Thence South 8 rods to the beginning. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from said Defendants his said debt and damage and also his costs and that a special execution issue against the property attached and a general fi fa issue against all the Defendants and that this judgment be at 10% interest.
67
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 645 July 22nd 1864
Henry Matlock Plaintiff
vs Civil Action on Garnishment
William Massey Garnishee
Now at this day it appearing to the satisfaction of the Court that Wil]iam Massey has been summoned as a Garnishee and by virtue of a note of attachment issued out of this Court in a cause in which Henry Natlock is Plaintiff and William R. Ingram, Chesley Cannefax and L.A. Rountree are Defendants as a creditor of Defendant W.R. Ingram, and the said William Massey Garnishee as aforesaid having in answer to Interrogations filed by Plaintiff admitted that he is indebted to the said W.R. Ingram in the Sum of $202.02
now due money arising from the copartnership property. It is therefore considered and adjudged by the Court that the Plaintiff Henry Matlock have and recover of and from said Garnishee William Massey the said sum of $204.02 allowed him for answering as such Garnishee and that he have an execution therefore.
Joseph W. McClurg, William D. Murphy,
Marshal W. Johnson, Harvey A. Massey
and Edwin D. Torbitt Plaintiffs
vs Civil Action
Noah Atkins Defendant
Now at this day comes the Plaintiff by attorney and the Defendant having failed to file a good and sufficient answer to the petition of the Plaintiff which is founded on an instrument of writing signed by the Defendant for the payment of money whereby his indebtedness is ascertained. The Court doth find from an examination of the same that the Defendant is indebted to the Plaintiffs in the sum of $387.99 and also the sum of $93.95 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage and also costs, that he have an execution therefor and this judgment bear 10% interest.
State of Missouri Plaintiff
vs No. 2 Robbery
A. Davidson Defendant
Now at this day comes the Circuit Attorney and also the Defendant in a motion to quash the indictment in this cause coming on to be heard and the Court being fully advised said motion is by the Court overruled.
p 646.
Joseph W. Langston Plaintiff
vs Civil Action
David Wolf Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant has been duly notified of the commencement of this action by copy of original petition and writ of summons delivered to a free white person over the age of 15 years and a member of Defendant's family at his usual place of abode in Greene County,State of Missouri, at least 15 days before the first day of the present term of this Court and said Defendant failing to plead, answer or demur to Plaintiff's petition the same is taken as confessed. It is therefore considered and adjudged by the Court that the Plaintiff have and recover from the Defendant judgment interlocutory and unless cause to the contrary be shown on or before the 6th day of the next term of this Court said judgment will be made final at which time an inquiry will be had of Plaintiffs damage to which time this cause is continued.
68
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 646.
Joseph McClurg, William D. Murphy,
Marshal W. Johnson, Harvey A. Massey
and Edward D. Torbitt Plaintiffs
vs Civil Action
John M. Sanders & Samuel R. Waddill 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 served with personal notice of pending of this suit and having failed to answer to Plaintiff's petition and the same being founded on an instrument of writing signed by Defendants for the payment of money and the amount ascertained thereby. The Court doth find from an examination of the same that the Defendants are indebted to Plaintiffs in the sum of $302.88 for debt and also the sum of $105.98 for damages and also costs. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs, and that he have an execution therefor and this judgment bear 10% interest.
p 647.
Thomas Craig Plaintiff
vs Civil Action
Peter Burns 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 personal notice more than fifteen days before the first day of the present term of this Court and having failed to plead answer or demur to Plaintiff's petition and the Same being founded on an instrument of writing signed by Defendant for the direct payment of money and the amount ascertained thereby the Court doth find from an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $152.16 debt and $86.86 damages. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from the Defendant the said sum of $152.16 and the sum of $86.86 and also his costs laid out and expended and that he have execution therefor and that this judgment bear 10% interest.
State of Missouri Plaintiff
vs Selling Liquor Without Oath and Bond #4
Anthony Fisher Defendant
Now at this day comes Anthony Fisher as principal and William H. Worrell 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 Anthony Fisher stands indicted in the Circuit Court of Greene County 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 commences on the first Monday in January 1865 and answer said Bill of Indictment and not depart said Court without leave.
State of Missouri Plaintiff
vs #2 Robbery
A. Davidson Defendant
Now at this day comes the Defendant in his own proper person and by attorney and by leave of Court files his affidavit for a continuance in this cause which by the Court is granted and this cause is continued to the next term of this Court.
p 648.
John Gott Plaintiff
vs Civil Action
John M. Richardson Defendant
(continued)
69
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 648 (continued)
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 15 days before the first day of the present term of this Court and having wholly failed to answer plead or demur to Plaintiff's petition and this action being founded on two notes signed by Defendant for the direct payment of money the Court doth find from an examination of the same that the Defendant is indebted to Plaintiff in the sum of $500 debt and $212.50 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said sum of $500 debt and $212.50 damage also his costs laid out and expended and that he have execution therefor and that this judgment bear 6% interest.
Matthew Chapman & William R. Hom
admins of Estate of James Hom, deceased Plaintiffs
vs Civil Action
William P. Cox & Charles A. Haden Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been served with process at least fifteen days before the first day of the present term of this Court and the Defendants have wholly failed to answer plead or demur to Plaintiff's petition and this action being founded on a 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 Plaintiffs in the sum of $269.70 debt and $155.07 damage. It is therefore considered and adjudged by the Court that the Plaintiffs have and recover of and from Defendants their said sum of $269.70 Debt and $155.07 Damages and also his costs laid out and expended and that he have execution therefor and that this judgment bear 10% interest.
p 649.
Bank of Missouri Plaintiff
vs Civil Action
William A. Campbell, Dewit C.
Smith & William H. Jopes Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants William A. Campbell and Dewit C. Smith had been duly notified of the commencement of this suit by order of publication in the Springfield Missourian, a newspaper published in this County for 4 successive weeks the last insertion at least 4 weeks before the first day of the present term of this Court and Defendant W.H. Jopes had been duly served with process at least 15 days before the first day of the present term of this Court of the pendency of this action and having failed to answer plead or demur to the petition of Plaintiff and remains herein wholly undefended and the same being founded on an instrument of writing signed by Defendants for the direct payment of money whereby the Court doth find from an examination of the same that the Defendants are indebted to the Plaintiffs in the sum of $250 debt and $41.87 damages
and also her costs laid out and expended. And it appearing to the Court that a Writ of Attachment was issued by the Clerk of this Court dated the 30th day of March 1863 which was by the Sheriff of this County levied on the first day of June 1863 on the following described real estate viz SE 1/4 Section 26 Township 29 Range 22 SW 1/4 SE 1/4 Section 26 Township 29 Range 22 Lots 1,2,7 & 8 Block 1 and Lots 9,10,15 and 16 in Block 4 in the Fairground Addition to the City of Springfield, Missouri. It is ordered that a special fi fa issue against the real estate attached and that a general execution issue against Defendant W.H. Jopes and that his judgment be ar 6% interest.
70
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 650.
Thomas Tiller admin pendentilite
estate John Adams deceased Plaintiff
vs Civil Action
Jane M. Adams, Thaddius Sharpenstein
and John S. Waddill Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to John S. Waddill. And it appearing to the satisfaction of the Court that the said Defendants Jane M. Adams and Thaddius Sharpenstein bave been duly notified of the pendency of this suit by publication for four successive weeks in the Springfield Journal, a newspaper printed in this State 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 and the same remaining wholly undefended the same is taken as true and the same being founded on an instrument of writing for the direct payment of money and t he amount ascertained thereby the Court doth find from an examination of the same that the Defendants are indebted to Plaintiff in the sum of $2708 debt and also the sum of $919.20 damages. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs, that he have an execution therefor and this judgment bear 10% interest.
State of Missouri Plaintiff
vs No. 1 Robbery
A. Davidson Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney and by agreement this cause is continued until the next term of this Court as on affidavit.
State of Missouri Plaintiff
vs No. 3 Robbery
A. Davidson Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney and by agreement this cause is continued until the next term of this Court as on affidavit.
p 651.
John F. Wade admin
J.W.E. Rucker, deceased Plaintiff
vs Civil Action
R.J. Ragsdale (Christian name unknown) Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the said Defendant has been duly notified of the pendency of this suit by notice published for four successive weeks in the Springfield Journal, a weekly newspaper printed and published in the State 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 whereby the same remains wholly undefended and the same being founded on an instrument of writing or note signed by Defendant for the direct payment of money and the amount ascertained thereby the Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $100 debt and also the sum of $35 damages. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs, that he have an execution therefor and this judgment be ar 10% interest.
71
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 651/652.
Bank of State of Missouri Plaintiff
vs Civil Action
Gabriel M. Freeman, William
W. Lair & S. Norfleet & B.W.
Henslee admins of Gabriel R.
Shackleford Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this Suit as to John Lair. And it appearing to the satisfaction of the Court that said W.W. Lair has been duly served with process more than 15 days before the first day of the present term of this Court and the said B.W. Henslee and W.S. Norfleet admins of G.P. Shackleford, deceased, having appeared in Court the said Gabriel M. Freeman and G.R. Shackleford having previously been notified by publication for four successive weeks in the Springfield Journal a newspaper published in this State the last insertion at least four weeks before the first day of the present term of this Court and the said W.W. Lair and W.S. Norfleet and B.W. Henslee administrators as aforesaid having failed to answer plead or demur to Plaintiff's petition and the Same being wholly undefended and the same being founded on a promissory note for the direct payment of money and the amount ascertained thereby the Court doth find from an examination of the same doth find that the said Defendants are indebted to Plaintiff in the sum of $200 debt and also $38.66 damages. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs, that he have an execution against the said W.W. Lair for the same and it further appearing that on the first day of June 1863 the Sheriff of Greene County attached the following property of the said G.R. Shackleford,viz 20 shares in the Bank of State of Missouri also the following real estate in Greene County viz the NE 1/4 and NW fcl 1/4 Section 19 and the SE 1/4 and SW fcl 1/4 and NE 1/4 Section 18 the SW 1/4 Section 21 and SW 1/4 Section 19 all in Township 29 Range 21, also Lots 5 & 6 NW fcl W 1/2 Section 4 NE fcl W 1/2 Lot 7 NE fcl Section 1 Township 29 Range 22. Whereby it is considered by the Court that said attachment bind the property as against the said administrators.
p 652.
H.L. Trantham, exec of estate
of A. Hankins, deceased Plaintiff
vs Civil Action
C.S. Bodenhamer Defendant
Now at this day comes the Plaintiff by attorney and on his motion an alias writ of attachment is ordered to Greene County.
p 652/653.
State of Missouri Plaintiff
vs Robbery
James M. Donnell Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney and being arraigned says for a plea he is not guilty and on this he puts himself on the Country whereupon comes a Jury, viz, J.S. Jordan, N.M. Rountree, R.B. Coleman, H. Schollen, J.B. Brown, A.A. Gardner, J.H. Doren, J.S. Howard, L.L. Whitlock, H. Westmoreland, B.W. Henslee, S.B. Rany, twelve good and lawful men who being duly elected tried and sworn to well and truly try the issue joined having heard the evidence and instructions of the Court return into Court the following verdict We the Jury find the Defendant not guilty as charged. It is therefore considered by the Court that the State take nothing by her Writ and that the Defendant be discharged hereof and go hence without day.
72
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