Springfield-Greene
County LibraryJuly Term 1864
Book F
p 683.
Now at this day Jonathan H. Shaw is by the Court appointed Circuit Attorney Protem who being sworn as the Law directs enters upon the discharge of his duties.
p 684.
Joseph W. McClurg, William D. Murphy,
Marshall W. Johnson, Hervey A. Massey
and Edward D. Torbert partners in
trade doing business under firm name
of McClurg Murphy and Co. Plaintiffs
vs Civil Action
John F. Wade and James Jackson Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to James Jackson and it appearing to the satisfaction of the Court that the Defendants have been duly served with process by a copy of Writ and petition more than 15 days before the first day of the present term of this Court and the Defendant having wholly failed to answer plead or demur to Plaintiff's petition and the same being wholly undefended and founded on an instrument of writing signed by Defendants for the direct payment of money whereby the amount of Defendants indebtedness is ascertained the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $306.68 debt and $90.98 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.
p 685.
Alfred Garrason Plaintiff
vs Civil Action
John Blackman, James P. Walker
and Benjamin R. Cannefax Defendants
Now at this day comes the Plaintiff by attorney and this cause coming on for a final hearing and the necessity of a Jury being waived by the Plaintiff and the Court sitting as a Jury doth find from the evidence adduced that the Plaintiff has sustained damage from Defendants in the sum of $1500. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendants the said sum of $1500 and costs if suit. And it further appearing to the Court that on the 5th day December 1863 a Writ of Attachment issued from this Court against said Defendants and was on the 5th day of December 1863 levied on the following real estate of said Benjamin R. Cannefax viz W 1/2 Lot 1 NE fcl 1/4 and E 1/2 Lot 1 NW fcl 1/4 and N 1/2 SW 1/4 Section 3 Township 28 Range 22. It is therefore considered and ordered that a special execution issue against the real estate aforesaid.
p 685/686.
James Evans Plaintiff
vs Civil Action
John Blackman, Benjamin R. Cannefax,
James R. Walker & D.D. Berry Jr Defendants
Now at this day comes the Plaintiff by attorney and this cause coming on for a final hearing, the Court sitting as a Jury, the right of Jury being waived by Plaintiff, doth find from the evidence that Plaintiff has sustained damage from Defendants in the sum of $1400. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said sum of $1400 and costs of suit and it further appearing to the Court that on the 27th day of November 1863 a Writ of Attachment issued from this Court against said Defendants and was on the 2nd day of December 1863 levied on the following real estate of said Benjamin R. Cannefax viz Lot No 1 NE fcl 1/4 and
(continued)
90
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 685/686 cont.
E 1/2 Lot No 1 NW fcl 1/4 and N 1/2 SW 1/4 all in Section 3 Township 28 Range 22, also the undivided interest that D.D. Berry Jr has of in and to the following described real estate viz SW SE 1/4 Section 34 Township 28 Range 22 SW 1/4 and W 1/2 SE 1/4 of Township 29 Range 22 and E 1/2 SE 1/4 Section 18 Township 30 Range 22. W 1/2 SW 1/4 Section 17 Township 29 Range 23 and NW 1/4 &E 1/2 SW 1/4 Section 23 Township 30 Range 23 and SW 1/4 Section 24 Township 34 Range 23. W 1/2 NE 1/4 Section 3 Township 29 Range 22 and NE 1/4 SE 1/4 Section 24 Township 30 Range 23. N 1/2 E 1/2 NW 1/4 Section 20 Township 29 Range 23, SW fcl 1/4 Section 18 Township 29 Range 21 and S 1/2 SE 1/4 Section 13 Township 29 Range 22 and E 1/2 SW 1/4 Section 13 Township 29 Range 22 & N 1/2 SE 1/4 Section 13 Township 29 Range 22 and SW 1/4 Section 18 Township 29 Range 21 & NW 1/4 NE 1/4 Section 7 Township 29 Range 21 & NE 1/4 NE 1/4 Section 22 Township 30 Range 21 & NE 1/4 NE 1/4 and E 1/2 NW 1/4 and NE 1/4 NE 1/4 Section 23 Township 30 Range 21 and NW 1/4 Section 18 Township 29 Range 21 & NW fcl 1/4 Section 19 Township 29 Range 21 & S 1/2 Section 14 Township 30 Range 24 & W 1/2 SW 1/4 Section 13 Township 30 Range 24 W 1/2 NW & W 1/2 SW 1/4 Section 24 Township 30 Range 24 & E 1/2 NW 1/4 Section 25 Township 30 Range 24 & N 1/2 Lot 29 Block 9 City of Springfield and E 1/2 Lot 17 & Lot 64 and 6 in Block 9 Springfield and 3 acres off Section 23 Township 29 Range 22 adjoining Lots 32 & 33 Springfield on West side and slur 40 acres off South side Section 8 Township 29 Range 31 & 1 1/4 acres in West half SE 1/4 Section 14 Township 29 Range 22. And it is ordered that a special execution jssue against the real estate attached.
p 687.
Charles S. Stark Plaintiff
vs Civil Action
Aaron Nutt Defendant
Now at this day comes the parties by attorney and having announced ready for trial thereupon comes a Jury James Abbott, W.H. Pipkin, Julius Wagner, James Berry, J.H. Doran, J.J. Wintersteen, F. Evans, J.M. Kelly, F. Mack, James Long, W,H. Burden, L.W. House, 12 good and lawful men who having been duly elected tried and sworn to try the issue joined gave the oath prescribed by ordinance having heard the evidence and the instructions of Court and there not being time to agree on a verdict said Jury under charge of Court is dismissed until tomorrow morning 8 o'clock.
p 687/688.
Joel Wilkerson Plaintiff
vs Civil Action
L.C. Campbell, A. Thompson,
R.B. Weaver, James Jones,
W.W. Blackman & John Blackman Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to Leonidas C. Campbell. And it appearing to the Court that the said Defendants Andrew Thompson, Ripley B. Weaver, James Jones, William W. Blackman and John Blackman 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 the same is taken as true. It istherefore considered by the Court that the Plaintiff have judgment interlocutory and unless cause appear why the same be set aside this judgment will be made final.
p 688.
Joel Wilkerson Plaintiff
vs Civil Action
Andrew Thompson, Ripley B. Weaver, James
Jones, William W. Blackman &
John Blackman Defendants
(continued)
91
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 688 (cont.)
Now at this day this cause coming on for a final hearing no cause being shown why the interlocutory judgment rendered be set aside, and the Plaintiff waiving the right of a trial by Jury having heard the evidence adduced doth find from the same that the Plaintiff has been damaged in the sum of $600. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from the Defendant his said sum of $600, his damage and also his costs in this behalf. And it further appearing that on the 27th day of November 1863 a Writ of Attachment issued from this Court against said Defendants and was by the Sheriff on the 2nd December 1863 levied on the following real estate of Andrew Thompson viz W 1/2 NE 1/4 and E 1/2 NE 1/4 Section 19 Township 28 Range 22 and SE 1/4 NE 1/4 and W 1/2 NE 1/4 Section 24 Township 28 Range 22. It is therefore ordered that a special execution issue against the property attached.
p 688/689.
Henry L. Trantham, executor of
estate Abraham Hankins, deceased Plaintiff
vs Civil Action
Christian S. Bodenhamer Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to 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 being wholly undefended and founded on an instrument of writing signed by Defendant for the direct payment of money whereby the amount of Defendants indebtedness is ascertained. The Court doth find from an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $300 debt and $l00 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. And it further appearing to the Court that on the 22nd day July 1864 a Writ of Attachment was issued from this Court against said Defendant and by the Sheriff levied on the following real estate of Defendant vis NE 1/4 Section 19 Township 28 Range 23 and SE 1/4 Section 11 & NW 1/4 NE 1/4 and SE 1/4 NE 1/4 Section 14 Township 29 Range 21 and SW 1/4 and W 1/2 NW 1/4 and SW 1/4 NE 1/4 Section 13 Township 29 Range 21. It is therefore ordered that a special execution issue against the property attached.
p 689.
H.L. Trantham exec of estate of
Abraham Hankins, deceased Plaintiff
vs Civil Action
Jacob E. Bodenhamer & Christian W.
Bodenhamer Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants had heretofore filed their answer to interrogations filed by Plaintiff by which said answer they admitted that they have in their hands belonging to C.S. Bodenhamer the sum of $262 being a part of his distribution share in the estate of Jacob Bodenhamer, deceased. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendants the said sum of $262 less $12 allowed out of this sum for answering the garnishment and that execution issue therefor.
92
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 690.
David Everly Plaintiff
vs Civil Action
John S. Blackman Defendant
Now at this day comes on to be heard the above entitled cause and the said Plaintiff appearing by attorney the said Defendant comes not but makes default and it appearing to the satisfaction of the Court that said Defendant was duly served with process at least 15 days previous to the first day of the last term of this Court and failing to plead answer or demur to Plaintiff's petition judgment interlocutory was rendered at such last term against said Defendant and it further appearing to the satisfaction of the Court that the said Plaintiff brings his suit in this cause for the correction of an omission and mistake made by said Defendant in a certain deed of conveyance bearing date April 15th 1861 whereby said Defendant sought and intended to convey unto the said Plaintiff the following described real estate purchased by Defendant situate in the County of Greene and State of Missouri to wit: the NE 1/4 of the NW 1/4 and the NW 1/4 of the NE 1/4 of Section No 20 Township No 28 of Range No 20 containing 80 acres more or less but that said Defendant by inadvertance and mistake failed to properly describe said land by failing to insert in said Deed of Conveyance the said land was situate in the County of Greene in the State of Missouri and it further appearing to the satisfaction of the Court that the purchase money of the premises situate as aforesaid has been duly paid by said Plaintiff to said Defendant. It is therefore considered, ordered and decreed by the Court that the prayer of Plaintiff's petition be granted and that in conformity thereto that the said Deed of Conveyance be amended and connected and the said omission therein supplied and the said words of description "situate in the County of Greene in the State of Missouri" be added unto the descriptive words of the said Deed of Conveyance aforesaid and that said Defendant be divested of all title in and to said premises and the said title of the same be vested abso1ute1y in Plaintiff. It is further considered that Plaintiff have and recover of and from Defendant his costs in this behalf and have execution therefor.
p 691.
Ordered that Court adjourn until tomorrow morning 8 o'clock. John S. Waddill C J
p 692.
Wednesday July 27th 1864. Court met pursuant to adjournment. Present as on yesterday.
Charles L. Stark Plaintiff
vs Civil Action
Aaron Nutt Defendant
Now at this day again comes the Jury in this cause and returns into Court the following verdict viz We the Jury find the issue for the Plaintiff and assess his damage at $60. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said damage of $60 and also his costs laid out and that he have an execution therefor.
Now at this day comes the Grand Jury and through their foreman J.G. McGraw and in the presence of the Jury return into Court 15 true Bills of Indictment which are ordered on file and capiases to issue thereon.
p 693.
Joel Wilkerson Plaintiff
vs Civil Action
Jehu Cox Defendant
Now at this day comes the parties by attorney and being ready for trial therefore comes
(continued)
93
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 693 (cont)
a Jury vis Anthony Fisher, A. Baker, David Clayman, S.M. Gresharn, C.C. Moss and Joseph Hursh, six good and lawful men who by agreement of parties are elected tried and sworn to try this issue having taken the oath prescribed by ordinance having heard the evidence and instructions of Court return into Court the following verdict We the Jury find the issues for the Defendant. It is therefore considered and adjudged by the Court that the Plaintiff take nothing by his Suit and that the Defendant have and recover of and from Plaintiff his costs in this behalf and that he have execution,
Ordered that Lewis Jgr be fined $25 for contempt of Court and confined to jail until fine and costs are paid.
Bank of Missouri Plaintiff
vs Civil Action
John Lair, J.A. Miller
and Samuel Vinton Defendants
Now at this day comes the Plaintiff and on his motion an alias Writ is ordered to St. Louis County for said S.S. Vinton.
p 694.
Bank of Missouri Plaintiff
vs Civil Action
John B. Dale, W.H. Burden
and Joseph Burden Defendants
Now at this day comes the Plaintiff by attorney and on motion an alias Writ of Attachment issue to Jasper County against John B. Dale.
p 694/695.
Bank of Missouri Plaintiff
vs Civil Action
William T. Ward, Thomas B.
Ward and John H. Price Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court disinisses this cause as to John H. Price and it appearing to the Court that the said William T. Ward had been personally notified of the commencement of this Suit by copy of Writ of Summons left at his usual place of abode with a free white person a member of his family over the age of 15 years and the said William T. Ward having filed a plea of non est failurn and the said Plaintiff and Defendant being ready for trial on said issue therefore come a Jury viz J.H. Price Sr, G.W. Jarnison, J.M. Brower, A.A. Gardner, G.L. Lund and Thomas Fay, six good and lawful men who by agreement by the issues being elected tried and sworn having heard the evidence doth find the following verdict viz We the Jury find the issues in favor of W,T. Ward. It is therefore considered by the Court that the said Plaintiff take nothing by her suit as to said W.T. Ward and that the said Defendant have his costs. And the said Jury having heard the evidence as to the issue between Plaintiff and T.B. Ward return the following verdict We the Jury find the issue in favor the Plaintiff as against the Defendant T.B. Ward and that her debt is $1600. Her damage $367 and also $64 damage for the nonpayment thereof. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant T.B. Ward her debt and damage as aforesaid and also her costs in this behalf and that she have execution therefor.
94
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 695.
Lucy Acock Plaintiff
vs Civil Action
Ishmael Lee & Thomas J. Whitlock Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to Ishmael Lee. And it appearing to the Court that said Thomas J. Whitlock has been personally served with a copy of the Petition and Writ of Summons for 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 the same is by the Court as true and
the same being founded on a promissory note for the direct payment of money signed by the Defendant and his indebtedness to Plaintiff ascertained thereby the Court doth find that the Defendant is indebted to the Plaintiff in the sum of $470 debt and $262.60 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.
p 696.
John W. Wadlow Plaintiff
vs Civil Action
Benjamin C. Harden &
Morris R. Harden Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have 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, the same is taken as true and being founded on a note for the direct payment of money signed by Defendants and the amount ascertained thereby the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $147.83 debt and also $46.07 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and reciver of and from the Defendant his said debt and damage and also his costs, that he have an execution therefor and this judgment bear 10% interest. And it appearing further that a Writ of Attachment was issued from this Court in this cause and levied on interest of Defendants in $351.53 in U.S. Treasury note in hands of T.A. Reed Sheriff of Greene County. It is ordered that a special execution issue for the said property attached.
p 696/697.
Thomas A. Sherwood Plaintiff
vs Civil Action
Nathan Bray & Jason N. Bruffy Defendants
Now at this day comes the Plaintiff and it appearing to the Court that the said Jason N. Bruffy cannot be served with ordinary process. 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 the next term notifying said Defendant that Plaintiff has commenced suit against him by Attachment in the Greene Circuit Court on their several promissory notes made payable to Robert Campbell and Co, St. Louis, Mo. and signed by said Bray and Bruffy, one dated August 24th 1859 for $267.87 due six months after date, one dated June 25th 1860 by cash $140, one dated June 26th 1860 for $333.32 due 6 months after date all of said notes bearing 10% interest after maturity, said notes being assigned in blank by said Robert Campbell and Co and that unless he be and appear before the said Court on the first day of the next term thereof which commences at the Court House in Springfield
(cont.)
95
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 696/697 (cont.)
Missouri on the first Monday in January 1865 and plead answer or demur to Plaintiff's petition on or before the 6th day thereof if the term shall so long continue if not then before the end of the term the same will be taken as true and judgment rendered accordingly and the property which has been attached in this cause will be sold to satisfy the same.
p 697.
Bank of Missouri Plaintiff
vs Civil Action
Thomas C. Blakey, S.R. Larason
and Beverly A. Barrett Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to S.R. Larason. Now at this day comes the Plaintiff by attorney and this cause coming on to be heard and the parties waiving the right to a trial by Jury the same is submitted to the Court and the Court sitting as a Jury doth find from the evidence that the said Defendants are indebted to Plaintiff in the sum of $400 debt and $96 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage and also costs, that he have an execution therefor.
p 698.
State of Missouri Plaintiff
vs #1. Selling Liquor Without License
John Mills Defendant
Now at this day comes John Mills as principal and Joseph T. Oneal as security 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 said John Mills stands indicted in the Greene County Court for Selling Liquor Without License shall be and make his personal appearance before the Judge of this 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. Selling Liquor Without License
John Mills Defendant
Now at this day comes John Mills as principal and Joseph T. Oneal as security 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 John Mills stands indicted in the Greene County Court for Selling Liquor Without License shall be and make his personal appearance before the Judge of this 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 698/699.
State of Missouri Plaintiff
vs #3. Selling Liquor Without License
John Mills Defendant
Now at this day comes John Mills as principal and Joseph T. Oneal as security 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 John Mills stands indicted in the Greene County Court for Selling Liquor Without License shall be and make his personal appearance before the Judge of this 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.
96
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 699.
State of Missouri Plaintiff
vs #1. Selling Liquor Without Oath and Bond
John Mills Defendant
Now at this day comes John Mills as principal and Joseph T. Oneal 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 John Mills stands indicted in the Greene County Court for Selling Liquor Without Oath and Bond shall be and make his personal appearance before the Judge of this 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. Selling Liquor Without Oath and Bond
John Mills Defendant
Now at this day comes John Mills as principal and Joseph T. Oneal 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 John Mills stands indicted in the Greene County Court for Selling Liquor Without Oath and Bond shall be and make his personal appearance before the Judge of this 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.
Ordered by the Court that Court adjourn till tomorrow morning 8 o"clock.
John S. Waddill County Judge
p 700.
Thursday July 28th 1864. Court met pursuant to adjournment. Present as on yesterday.
p 700/701.
Charles Sheppard Plaintiff
vs Civil Action
Henry Sheppard, William B.
Logan, Horace Saunders Defendants
Now at this day this cause coming on to be heard and the Plaintiff appearing by attorney and the Defendants being thrice called comes not but makes default and it appearing to the Court from an examination of the record that Plaintiff at the January term 1864 of this Court duly dismissed this suit as to Horace Saunders and at the same term took an interlocutory judgment against the said Henry Sheppard and William B. Logan to be made final at the next term thereafter unless good cause to the contrary shall be shown and the said Henry Sheppard and William B. Logan having failed to show cause to the contrary and the Plaintiff having waived a Jury a trial is had before the Court sitting as a Jury and the Court after hearing the evidence offered by the Plaintiff and examining the pleadings and exhibits filed in the cause doth find that on the 18th day of December 1858 John Lair and Margarette Lair his wife duly conveyed to Charles Sheppard, Horace Saunders and William B. Logan as trustees and their____the following real estate, to wit, Beginning 20 feet South of the SE corner of the grant of 50 acres of John P. Campbell to the County of Greene for a County Seat as laid down on the lawn plat, thence East 127 feet, thence South 127 feet, thence West 127 feet, thence North 127 feet to the place of beginning containing ___ acres more or less in trust for the Presbyterian Church of Greene County. That the Plaintiff on the 2nd day of July 1860 at the special instance and request of said trustees advanced and paid out the sum of $385.09 for Deed on Account of valuable improvements made on said trust property. That said trustees then and there undertook and promised to reimburse said Plaintiff out of said trust estate and that the same should become a _____ _____ that Plaintiff is entitled to 6%
(continued)
97
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 700/701/702 (continued)
interest on the said sum of $385.09 from and after the first day of January 1860. That said trustees have abandoned said trust property and that no successors have been elected or appointed and that no provisions have been made for the payment of the said debt due Plaintiff and that there is no fund belonging to said Presbyterian Church out of which said debt can be paid except the trust property. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants as trustees of the Presbyterian Church of Greene County the sum of $488.95 and costs in this behalf laid out and expended and that said trustees be removed from further action in the matters of the trust and that James F. Hardin be appointed trustee and successor to the said trustees of the Presbyterian Church in Greene County and that said trustee proceed to sell the real estate above described at public auction to the highest bidder for cash in hand either at the Court House door in Springfield or on the premises as he may determine after giving 20 days notice of the time place and terms of sale and the real estate to be sold by two or more written or printed handbills posted in ten or more public places in Greene County for which said trustee shall be allowed a reasonable compensation. That said trustee make, execute and deliver to the purchaser upon the payment of the purchase a good and sufficient deed of conveyance. That he pay out of said purchase money first the costs of this Suit and second the expenses of this trust and third to Charles Sheppard the sum of $488.95 with 6% interest from the rendition of this judgment and the balance if any be retained in the hands of the said trustee to abide the further order of this Court and that he report to the next term of this Court his action in the premises.
p 702.
Elizabeth D. Campbell Admx of
L.C. Campbell Plaintiff
vs Civil Action
Robert Faulkner et al Defendant
Now at this day R.P. Faulkner by attorney and by leave of Court files his amended answer to this cause and the Court orders the Plaintiff have leave in his motion to strike out any part of the same to mgr any matter which might have been urged against the filing of the Same.
p 703.
Bank of Missouri Plaintiff
vs Civil Action
T.C. Blakey & B.A. Barnett Defendants
Now at this day comes the Defendant R.A. Barrett by attorney and by leave of Court files his motion to set aside the verdict and judgment in this cause and grant a mistrial and the Court being fully advised said motion is by the Court sustained said judgment set aside and a new trial in this cause granted.
George C. Lee Plaintiff
vs Civil Action
Josiah Leedy Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause. It is therefore considered and adjudged by the Court that the same be dismissed and that the Plaintiff take nothing by his suit.
F.L. Harper Plaintiff
vs Civil Action
J.S. Thompson Defendant
Now at this day comes the Plaintiff by attorney and dismisses this cause. It is therefore considered and adjudged by the Court that the same be dismissed that the Plaintiff
(continued)
98
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 703 (cont)
take nothing by his suit and that the Defendant have and recover of and from Plaintiff his costs in this behalf and that he have execution therefor.
State of Missouri Plaintiff
vs Keeping Common Gaming House
Thomas J. Andrews Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his Bill of Exceptions in this cause.
State of Missouri Plaintiff
vs Selling Liquor Without License
Thomas J. Andrews Defendant
Now at this day comes the Defendant by attorney and by leave cf Court files his Bill of Exceptions in this cause.
p 704.
State of Missouri Plaintiff
vs Keeping Gaming Device
Thomas J. Andrews Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his Bill of Exceptions in this cause.
p 704/705.
Henry Sheppard and John S. Kimbrough Plaintiffs
vs Civil Action
Benjamin C. Hardin Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the Court that the Defendant has been duly notified of the commencement of this suit by publication in the Springfield Journal, a newspaper printed in the State for four weeks the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead answer or demur to Plaintiff's petition the same is by the Court taken as true and the same being founded on a promissory note signed by Defendant for the direct payment of money and whereby the indebtedness of Defendant is ascertained the Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $218.68 debt and $65.04 damages. 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. The Court doth further find that on the 25th of January 1864 a Writ of Attachment was issued from this Court against Defendant in this cause which was on the 25th January 1864 by the Coroner of Greene County served by attaching all goods chattels or effects in the hands of Thomas A. Reed as Sheriff of Greene County and summoning him as garnishee in this cause.
p 705.
J.L. McCracken Plaintiff
vs Civil Action
D. Holliwood Defendant
Now at this day comes the Plaintiff by his attorney and by leave of Court dismisses this cause. It is therefore considered and adjudged by the Court that the Plaintiff take nothing by his suit and tbat the Defendant have and recover of and from Plaintiff his costs in this behalf and that he have an execution therefor.
99
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 706.
Harriet Smith Plaintiff
vs Civil Action
Peter Goff Defendant
Now at this day comes the Plaintiff by leave of Court Dismisses this cause. It is therefore considered by the Court that the Plaintiff take nothing by this suit.
H.R. Jarratt & G.L. Mitchell Plaintiffs
vs Civil Action
G.P. Shackleford Defendant
Now at this day the Court having been of Counsel in this cause a Change of Venue is awarded to the Probate and Common Pleas Court of Greene County and that the Clerk certify the same of said Court.
p 707.
S.S. Vinton & W.C. Hornbeak Plaintiff
vs Civil Action
Marcus Boyd Defendant
Now at this day comes the parties by attorney and this cause being submitted to the Court sitting as a Jury the right of Jury having been waived by the parties the Court doth find from the petition of Plaintiff and the answer of Defendant and the evidence adduced the same being founded on a promissory note and that Defendant is indebted to Plaintiffs in the sum of $262.10 debt and also $2.08 damages. 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.
Anderson Johnson Plaintiff
vs Civil Action
Philip Kagner Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the said Defendant cannot be served with ordinary process. It is 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 the Plaintiff has commenced
suit in the Greene Circuit Court against him on a lost promissory note wherein the amount claimed is $110, and that unless he be and appear before the Greene Circuit Court at the Court House in Springfield on the first day of the next term thereof which commences on the first Monday in January 1865 and plead answer or demur to Plaintiff's petition on or before the sixth day of the term if the same shall so long continue if not then before the end of the term the same will be taken as true and a judgement rendered against him accordingly.
p 708.
State of Missouri Plaintiff
vs Selling Liquor Without License
A. Hollingsworth Defendant
Now at this day comes the Circuit Attorney and says he will not further prosecute this Suit. 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.
100
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864.
p 708.
Bank of Missouri Plaintiff
vs Civil Action
Sample Orr, J.W. Richardson
and William H. Frazier Defendants
Now at this day comes the parties by attorney and being ready for trial thereupon came a Jury vis E.J. Armstrong, J.H. Gibson, H. Scholten, J.W. Peacher, J.W. McQuigg, W.A. Potter, W.D. Robinson, F.M. Jones, S.M. Coleman, A.J. Potter, F.M. Chaffin, J.B. Perkins, twelve good and lawful men who being duly elected, tried and sworn to try the issue found and taken the oath prescribed by ordinance and there not being time to complete the trial are discharged under orders of Court until tomorrow morning 9 oclock.
p 709.
Ordered that Court adjourn until tomorrow morning 8 o'clock. J.S. Waddill C J
Friday July 29th 1864.
Court met pursuant to adjournment. Present as on yesterday.
State of Missouri for use of
B.W. Henslee, admin et al Plaintiff
vs Civil Action
B.W. Henslee & W.S. Norfleet admin et al Defendants
Now at this day the motion to set aside the interlocut ory judgment heretofore rendered in this cause coming on to be heard the Court being fully advised said motion is by the Court set aside and leave given Defendant H.M. Parish to plead answer or demur during present week.
p 710.
W.H. Sewell & M.C. Wadlow
admins Charles Wadlow, deceased Plaintiffs
vs Civil Action
Allen Edmonson and ___ . J. Edmonson Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court files their petition in this cause and it is ordered that a Writ of Summons issue to said Defendants.
Elizabeth D. Campbell adms Plaintiff
vs Civil Action
Robert P. Faulkner et al Defendant
Now at this day comes the Defendant R.P. Faulkner by attorney and by leave of Court files his amended answer in this cause and the Court orders the Plaintiff have leavein his motion to strike out any part of the same to urge any matter which might have been urged against the filing of the same.
p 711.
Bank of Missouri Plaintiff
vs Civil Action
Sample Orr, John M. Richardson
and W.H. Frazier Defendants
Now at this day again come the Jury impannelled in this cause and having heard the evidence and instructions of Court return into Court the following verdict We the Jury find the issues in favor of Plaintiff and assess his debt at $1000 and damage for interest at $246.66 and also damage for nonpayment at $40. 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.
101
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 712.
Hawkins & Abernathy Plaintiffs
vs Civil Action
James E. Abernathy Defendant
Now at this day comes the Plaintiffs by attorney and on their motion the final judgment rendered on the 12th day of August 1862 is amended in the caption so as to show that Thomas J.M. Hawkins and Marcus L. Abernathy were Plaintiffs in said cause.
Bank of Missouri Plaintiff
vs Civil Action
J.G. Adams, J.S. Thompson
& William Thompson Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the said J.G. Adams cannot be served with notice. It is 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 J.G. Adams that suit has been commenced against him in the Greene Circuit Court by attachment wherein the amount claimed is $600 and interest by a Promissory note signed by Defendant that he be and appear before the Judge of the said Court at the Court House in Springfield, Missouri, on the first Monday in January 1965 and plead answer or demur to Plaintiff's petition or the same will be taken as true and a judgment rendered against him accordingly.
Charles S. Stark Plaintiff
vs Civil Action
B.W. Henslee Defendant
Now at this day comes the Defendant and files his affidavit and application for a Change of Venue in this cause to some other County on account of the Judge and the Citizens of this County are against him. Whereupon it is ordered that a Change of Venue in this cause be awarded to Christian County that the Clerk certify the same as the Law requires and that the Plaintiff pay the costs of this term and that execution issue for the same.
p 713.
Charles S. Stark Plaintiff
vs Civil Action
B.W. Henslee, J.H. Caynor
& Allen Mitchell Defendants
Now at this day comes the Defendant and by leave of Court files his affidavit and application for a Change of Venue in this cause to some other County on account of prejudice in the minds of the inhabitants of this County against him, wherefore it is ordered by the Court that a Change of Venue in this cause be awarded to Christian County that the Clerk certify the same as the Law directs and that the Plaintiff pay the costs of this term and that execution issue therefor.
p 714.
Elisha White Plaintiff
vs Civil Action
James Graham Defendant
Now at this day comes the Plaintiff by attorney and it appearing that the said Defendant cannot be served with process. It is ordered by the Court that 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 the next term of this Court notifying him that the Plaintiff has commenced Suit against him in the Greene Circuit
(continued)
102
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 714. (cont)
Court by attachment for the taking and carrying away of 4000 fence rails wherein he asks judgment for the sum of $200 and that unless he be and appear before the said Court on the first day of the next term thereof which will commence in the Court House in Springfield on the first Monday in January 1865 and plead, answer or demur to Plaintiff's petition on or before the 6th day of said term if the same shall so long continue if not before the end of the term or the same will be taken as true and judgment rendered accordingly.
p 715.
Greene County Plaintiff
vs Civil Action
William G. Robinson, William
Tatum & J.M. Graham Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to J.M. Graham. And it appearing to the satisfaction of the Court that the said William G. Robinson has been duly served with notice of this action 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 being founded on a note signed by Defendant and the amount of his indebtedness ascertained the Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $75 debt and $25.31 damages. 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. And it further appearing that on the 20th May 1864 a Writ of Attachment was issued from this Court and on the 5th day of July 1864 on the following real Cstate of Defendant vis W 1/2 Lot one NW fcl 1/4 Section one Township 29 Range 23. It is ordered that a special fi fa issue against the same.
p 716.
Thestate of Missouri to the use of
Elisha Headlee as Public Admin of
Greene County,State of Missouri
Having in Charge the estate of Thomas
Prunty, dec. Plaintiff
against Civil Action
William H. Blakey, Thomas R.
Bridges & Robert C. Prunty Defendants
Now at this day comes the Plaintiff by attorney and the enquiry of damage awarded at the last term of this Court coming on for a hearing therefore comes a Jury, to wit: T.W. Patterson, J.H. Bryant, Joel Phillips, William West, A.A. West, J.C. Brown, L.A. Shannon, D.B. Rainey, James Appleby, J.W. Mcquigg, H. Vaughan and J.B. Cox, twelve good and lawful men who being duly elected tried and sworn to try the issue joined and having taken and subscribed to the oath prescribed by the Convention, and having heard the evidence offered by Plaintiff and received the instructions of the Court retire to consider of their verdict and afterwards on the same day return into Court the following verdict, to wit, We the Jury find the issues in favor of the Plaintiff and assess his damage at the sum of $5275.70. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from said Defendants the sum of $18,000 being the penalty of the Bond on which this action is founded for the breeches of said Bond on which and that an execution issue in favor of the State of Missouri for use and benefit of Elisha Headlee as public admin of the County of Greene State of Missouri having in charge the estate of Thomas Prunty, deceased, and against said William H. Blakey, Robert C. Prunty and Thomas R. Bridges for the said sum of
$5275.70 and that 6% interest per annum be collected on the same.
103
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864.
p 717. July 29th 1864.
State of Missouri Plaintiff
vs Scire Facias
William A. Campbell, B.A.
Barrett, J.J. Weaver Defendants
Now at this day appeared Plaintiff by attorney and B.A. Barrett and J.J. Weaver and it was agreed by all parties the case be continued until the next term of this Court and it is further ordered that an order of publication made as to the said William A. Campbell in the Springfield Missourian four weeks successively the last insertion to be at least four weeks before the commencement of the next term at which the said William A. Campbell is required to appear. Now therefore said William A. Campbell is notfied a forfeiture has been taken on a recognizance entered into by him on 28th May 1862 wherein he and B.A. Barrett and Joseph J. Weaver acknowledged themselves each to owe the State of Missouri $2000 to be levied on their respective goods and chattels, lands and tenements to be void if the said Campbell made his appearance at the term of the Greene Circuit Court on the first day thereof and not depart said Court without leave and the said Campbell having failed to comply with the said recognizance a forfeiture has been taken and a scire facias issued commanding the Sheriff of Greene County to summon the said Campbell, Weaver and Barrett to be and appear before the Greene Circuit Court on the fourth Monday in January 1864 to answer to the State of Missouri the charges set forth in said scire facias and in said return informed the Court said Campbell cannot be found. The said William A. Campbell is therefore notified that an action has been commenced against him and the said E.A. Barrett and J.J. Weaver by scire facias in the recognizance aforesaid by the State of Missouri wherein the State asks judgment against him for $2000 and that unless he be and appear before the Greene County Circuit Court at its next term to be holden at the Court House in Springfield, Missouri, on the first Monday in January 1865 and plead, answer or demur to said scire facias on or before the 6th day of the term the matters and things stated in said scire facias will be taken as confessed.
Ordered that Court adjourn until tomorrow 8 o'clock. J.S. Waddill C J
p 718. Saturday July 30 1864
Court met pursuant adjournment. Present same as yesterday.
State of Missouri Plaintiff
vs Selling Liquor Without Oath or Bond
Daniel Chandler Defendant
Now at this day comes Daniel Chandler as principal and John McElhaney as security 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 Daniel Chandler who stands indebted in the Greene Circuit Court for Selling Liquor Without Oath or Bond shall be and appear before the Judge of the Greene Circuit Court on the first day of the next term thereof which will commence at the Court House in Springfield, Missouri, on the first Monday in January 1S65 and answer said Indictment and not depart said Court without leave.
Joseph T. Morton Plaintiff
vs Civil Action
A.B. Matthews & R.H. Edmonson Defendants
Now at this day comes the Plaintiff by attorney and Defendant Matthews by his attorney and the Court after deliberation and finds that answer of said Defendant Matthews is not sufficient in law to bear the said action of Plaintiff and the said Matthews by leave of Court files his amended answer and by agreement of parties the demurrer of
(continued)
104
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 718 (cont)
Plaintiff filed to former amended answer is regarded as filed and applicable to the said amended answer and the Court finds said amended answer of said Matthews is insufficient in law to bar the Plaintiff in the prosecution of his said action and said Matthews has leave to file further answer.
p 719.
John Murray & John A. Sheppard Plaintiffs
vs Civil Action Petition to Foreclose Mortgage
Bennett H. Saye Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the Court that the said Defendant has been duly notified of the commencement of this suit by the Sheriff of Greene County having a copy of Plaintiff's petition and Writ of Summons at Defendant's usual place of abode with a free white person a member of his family over the age of fifteen years and having failed 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 Plaintiffs have judgment interlocutory by default and it not appearing to the Court what amount or relief Plaintiff is entitled to recover. It is ordered that enquiry be had on the sixth day of the next term of this Court to which time this cause is continued at which time this judgment will be final.
Joseph T. Morton Plaintiff
vs Civil Action
Andrew B. Matthews &
R.H. Edmonson Plaintiffs
Now at this day comes the Plaintiff by his attorney and the said Edmonson not having filed his answer or plea or demurrer to the said petition but makes default and the said Matthews having declined to file any further answer in this cause and the said petition being founded on an instrument of writing signed by Defendants the Court finds from an examination of the same that said Defendants are indebted to Plaintiff in the sum of $150 and that Plaintiff has sustained damage in the sum of $52.92. 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.
p 721.
Sheppard & Kimbrough Plaintiffs
vs Civil Action
John Lair Defendant
Now at this day it is ordered by the Court that a Change of Venue be awarded in this cause to the Probate and Common Pleas Court of Greene County, the Judge of this Court having been of Counsel in the cause and that the Clerk of the Court certify the same as the Law directs.
Sheppard & Kimbrough Plaintiffs
vs Civil Action
John Lair Defendant
Now at this day comes the Court order that a Change of Venue be awarded in this cause to the Probate and Common Pleas Court of Greene County, the Judge of this Court having been of Counsel in the cause and that the Clerk of this Court certify the same as the Law directs.
105
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