Springfield-Greene
County LibraryJuly Term 1864
Book F
p 722.
Rebecca Paine, Anderson H. Paine,
W.H. Paine, John W. Paine, L. McNatt,
John B. McNatt, H.R. Paine & T.B.
Paine Plaintiffs
against Civil Action for Partition
Daniel Paine, Mary Brittain, L.
Brittain, Martha Robinson, Jane Robinson Defendants
Now again comes Henry Matlock, former Sheriff of Greene County, who sold the real estate for partition under decree made in this cause and files herein an additional report showing that one of the noteS taken by him in payment for said land had to be sued upon and that he expended $70 for Attorney Fee in collecting said note. Said report is by the Court approved and said $70 allowed as costs in said cause.
W.R. Hendrick admin
L. Hendricks, deceased Plaintiff
vs Civil Action
Daniel Chandler Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been personally served with notice by petition and summons of the commencement of this Suit and having failed to plead answer or demur to Plaintiff's petiti0n and the same being founded on two promissory notes signed by Defendant whereby his indebtedness is ascertained, the Court having examined the same doth find that the Defendant is indebted to Plaintiff in the sum of $327 debt and $63.45 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.
p 723.
Bank of State of Missouri Plaintiff
vs Civil Action
V.W. Kimbal, W.G. Evans
and W.H. Worrell Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court files his affidavit and application for an appeal to the Supreme Court, which appeal as prayed for by Plaintiff is by the Court granted.
State of Missouri Plaintiff
vs Selling Liquor Without Oath or Bond
John S. McCracken Defendant
Now at this day comes the Court Attorney and also the Defendant who for a plea says he is guilty as charged whereupon the Court doth fine the Defendant the sum of $50 for the commission of the offense. It is therefore considered and adjudged that the State have and recover of and from the Defendant the said Sum of $50 and also her costs in this behalf and that she have execution therefor and that Defendant remain in custody of Sheriff until fine and costs be paid.
State of Missouri Plaintiff
vs Gaming
Mike Grabor Defendant
Now at this day comes the Defendant Mike Grabor as principal and J.B. Winger 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 goods and chattels lands and tenements to be void on condition that the said Mike Grabor who stands indebted to the Greene County Circuit Court for Gaming shall be and make his personal appearance before the Judge of
(cont.)
106
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 723 (cont)
the Greene Circuit Court on the first day of the next term of said Court to commence at the Court House in Springfield Missouri on the first Monday in January 1865 and answer said Bill of Indictment and not depart said Court without leave.
p 724.
Mathias Fisher Plaintiff
vs Civil Action
Thomas Dodds Defendant
Now at this day comes the parties by attorney and having announced ready for trial thereupon came a Jury, viz W.H. Pipkin, A.M. Appleby, W. Esterly, F.L. Mulligan, T.K. Perryman and James G. Lee, six good and lawful men who by agreement are elected tried and sworn to by the issue joined, had 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 issue for 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 have execution therefor.
J.H. Childs Plaintiff
vs Civil Action
Thomason Defendant
Now at this day comes the parties by attorney and being ready for trial thereupon came a Jury viz Joel Philips, G.W. Cooper, J.P. Julian R. Gossage, W. O'Bryant, W.B. McElhaney, six good and lawful men who by agreement are duly elected tried and sworn to try the issue joined having heard the evidence and instructions of Court return the following "We the Jury find the issue for Defendant and assess his damage at $26." It is therefore considered and adjudged by the Court that Defendant have and recover of and from Plaintiff his said damage and also costs of suit and that he have execution therefor.
Ordered by the Court Adjourn until Monday next 9 o'clock. John S. Waddill C J
p 725 Monday August 1st 1864
Court met pursuant adjournment. Present as on yesterday.
Reuben Rose Plaintiff
vs Civil Action
William C. Price, A.M. Julian Defendants
Now at this day comes the Plaintiff by attorney and files his petition wherein he asks Judgment against Defendants for the sum of $370.88 and interest on promissory note dated 23 August 1860 and due 12 months of the date and it appearing to the Court that the Defendant W.C. Price cannot be served with ordinary process. It is ordered that he be notified 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 on or before the 6th day of the term if the same shall so long continue, if not then before the end of the term which commences at the Court House in Springfield on the first Monday in January 1865 or the same will be taken as true and a judgment rendered accordingly and his property which has been attached sold to satisfy the Same.
p 726.
Ordered by the Court that John M. Hall be sworn as a Grand Juror which is done accordingly, instead of William G. Patterson who is released.
107
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 726.
State of Missouri Plaintiff
vs Bigamy
Thomas G. Martin Plaintiff
Now at this day comes Thomas G. Martin as principal and L.A. Rountree as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $1000 to be levied of their goods and chattels, lands and tenements to be void on condition that the said Thomas G. Martin who stands indicted in the Greene Circuit Court for Bigamy shall be and make his personal appearance before the Greene Circuit Court at the Court House in Springfield on the first Monday in January 1865 on the first day thereof and answer said Bill of Indictment and not depart said Court without leave.
McElhaney & Jaggard, a firm
composed of Robert J. McElhaney
and C. Jaggard Plaintiffs
vs Civil Action
William C. Price Defendant
Now at this day comes the Plaintiff and files his petition founded on three promissory notes dated 20th December 1854, 1st January 1857 and 27th March 1860 bearing interest from date one for $69.95, one for $36.72 and one for $180.23 and it appearing to the Court that the said Defendant is a nonresident of this State and 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 thereof which commences at the Court House in Springfield Missouri on the first Monday in January 1865 and that unless Defendant appear and plead answer or demur to Plaintiff's petition on or before the 6th day of the term if the same shall so long c0ntinue if not then before the end of the term the same will be taken as true and Judgment rendered against him and his property which has been attached sold to satisfy the same.
p 727.
State of Missouri Plaintiff
vs Grand Larceny
John Graham Defendant
Now at this day comes John Graham as principal and Joseph B. Robinson, J.F. Robinson and Charles Robinson who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $500 to be levied of their goods and chattels, lands and tenements to be void on condition that the said John Graham who stands indicted in the Greene Circuit Court shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will commence on the first Monday in January 1865 at the Court House in Springfield Missouri and answer said Indictment and not depart said Court without leave.
p 728.
State of Missouri Plaintiff
vs Selling Liquor on Sunday
Pleasant W. Rudd Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Bill of Indictment whereupon the Court doth fine the Defendant the sum of $10 for commission of said offense. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from the Defendant the said sum of $10 and also her costs and that she have execution therefor and that the Defendant be remanded into the custody of the Sheriff of Greene County until fine and costs are fully paid.
108
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
July Term 1864
p 728/729.
E. Freburg Plaintiff
vs Civil Action
Samuel Frankel 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 after hearing the evidence and examination of the premises the issues in favor of 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 laid out and that he have an execution therefor.
p 729.
Ordered by the Court that Jacob Baughman be sworn as a Grand Juror which is accordingly done.
Ordered by the Court adjourn until tomorrow morning 8 o'clock. John S. Waddill C J
p 730. Tuesday August 2nd 1864.
Court met pursuant adjournment. Present as on yesterday.
Jane Payne Plaintiff
vs Civil Action
William R. Ingram Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant, William R. Ingram, cannot be summoned in this action. It is ordered by the Court that publication be made notifying him that an action has been commenced against him by petition and attachment in the Circuit Court of Greene County in the State of Missouri founded on a note for the sum of $1000 dated January 25th 1860 due one day after date with interest thereon at the rate of 10% per annum, that his property has been attached and unless he be and appear at the next term of this Court to be holden at the Court House in Springfield in the County of Greene on the first Monday in January 1865 and on or before the 6th day thereof if the term shall so long continue and if not then before the end of the term and plead to Plaintiff's petition judgment will be rendered against him and his property sold to satisfy the same. It is further ordered that a copy hereof be published in the Springfield Journal a newspaper published in the County of Greene for four successive weeks the last insertion to be at least 4 weeks before the first day of the next term of this Court.
p 731.
Now at this day comes the Grand Jury who through their foreman and in his presence return into Court 25 true bills of indictment which are ordered to be filed and capiases issue therefor.
John W. Wadlow Plaintiff
vs Civil Action
Amcil Lawson & John W. Jenkins Defendants
Now at this day comes the Plaintiff and files his affidavit and petition from which it appears that the Defendants are nonresidents of this State. It is therefore ordered by the Court that publication in the Springfield Journal a newspaper published in this State, for four successive weeks the latest insertion at least four weeks before the first day of the next term of this Court notifying said Defendant that the Plaintiff has commenced Suit against them in the Greene Circuit Court by attachment on a promissory note for $79 dated April 1 1861 bearing 10% interest from date and that unless they be and appear before the nCxt term of this Court on the first day thereof which
(continued)
109
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 731 (cont.)
commences on the first Monday in January 1865 at the Court House in Springfield Missouri and answer plead or demur to Plaintiff's petition on or before the 6th 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 judgment rendered against them accordingly.
p 732.
Now at this day comes the Grand Jury and through their foreman and in their presence return into Court three true bills of indictment and it is ordered that the same be filed and that capiases issue thereon. And said Grand Jury having also filed report of condition of County Jury and having no further business are by the Court dismissed.
Eli J. Armstrong Plaintiff
vs Civil Action
William A. Campbell Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant has been duly notified of the commencement of this suit by publication in the 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 will be taken as true and it is considered by the Court that Plaintiff have an interlocutory judgment but itnot appearing to the Court what amount of damage Plaintiff is entitled to recover. It is ordered that unless this judgment be set aside on or before the 6th day of the next term of this Court that enquiry be had and this judgment be made final.
p 733.
James S. Brown Plaintiff
vs Civil Action
Alfred M. Julian Defendant
Now at this day comes the parties by attorney and being ready for trial therefore comes a Jury vis D.B. Rainey, J. Wagner, G.W. Garrison, E. Painter, S.B. Rainey, S. Miller, A.G. Patterson, W.J. Gambel, J.S. Goss, H.R. Jarratt and H. Jones, twelve good and lawful men who being duly elected and sworn to try the issue found and taken the oath prescribed by ordinance having heard the evidence return into Court the following verdict We the Jury find the issues for Plaintiff and assess his debt at $300 and his damage at $62.50. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from the Defendant his said debt of $300 and damage of $62.50 and also costs of suit that this judgment bear 10% and that execution issue therefor.
p 733/734.
State of Missouri Plaintiff
vs Robbery
William A. Campbell Defendant
Now at this day this cause coming on to be heard and the Defendant being three times solemnly called comes not but herein makes default. And it appearing to the satisfaction of the Court that on the 16th day of August 1862 the Defendant William A. Campbell entered into a recognizance in the sum of $500 with Joseph J. Weaver and B.A. Barrett as his securities to be levied of their goods and chattels lands and tenements for the benefit of the State of Missouri but to be void on the condition that the said William A. Campbell who stands indicted in the Greene Circuit Court for Robbery of one William P. Chandler of one waggon shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof to be begun and held at the Court House in Springfield on the first Monday in August 1862 and answer said
(continued)
110
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
July Term 1864
p 733/734 (cont.)
Bill of Indictment and not depart said Court without leave and the said Joseph J. Weaver and B.A. Barrett being also three times solemnly called and required to bring in the body of said William A. Campbell in obedience to said recognizance come not but herein make default. It is therefore considered by the Court that said recognizance be forfeited and that a scire facias issue against the said William A. Campbell, Joseph J. Weaver and B.A. Barrett requiring them to be and appear before the Judge of the Greene Circuit
Court to be begun and held at the Court House in Springfield Missouri on the first Monday in January 1865 on the first day thereof and show cause if any they have why judgment shall not be rendered against them for the said sum of $2000 in favor of said State of Missouri and also costs.
p 734.
Ordered that Court adjourn until tomorrow morning 9 o'clock. John S. Waddill C J
Wednesday August 3rd 1864.
Court met pursuant to adjournment. Present as on yesterday.
Massey and McAdams Plaintiff
vs on fi fa
W.L. Carter and
J.F. Brown as garnishee Defendants
Now at this day comes the Plaintiff by attorney and it appearing from the answer filed by J.F. Brown a garnishee in this cause that he has in his hand money belonging to Defendant W.L. Carter of sufficient amount to satisfy the demand of Plaintiff. It is considered and adjudged by the Court that the Plaintiff have and recover of and from the garnishee J.F. Brown the sum of $81.82, that the said J.F. Brown be allowed out of said sum $5 as attorney fee for answering the same and that execution issue for the sum of $76.82 and costs. The costs of this proceeding to be paid out of said sum. //Note at side of item "This judgment is paid by satisfying the judgment against William L. Carter. H.J. Lindenbower."//
p 735.
State of Missouri Plaintiff
vs Robbery
James P. Martin Defendant
Now at this day comes the Defendant in to this Court in his own proper person and by attorney and by leave of Court files his affidavit stating that the inhabitants of Greene County are so prejudiced against him that he cannot have a fair trial in this cause and that the same cause exists in the County of Webster and asks for a change of venue to some other County where said prejudice does not exist whereupon the Court orders a Change of Venue in this cause to Circuit Court of Christian County Judicial Circuit that the Defendant be remanded to said and that the Clerk certify this cause to Christian County as this Court directs.
p 736.
Bank of State of Missouri Plaintiff
vs Civil Action
Thomas J. Ingram, Lewis Brashears
and James S. McQuerter Defendants
Now at this day comes the Plaintiff by attorney and files his petition affidavit and bond for an attachment and Writ of Summons in this cause and it also appearing to the Court by Sheriff's return that Lewis Brashears cannot be summoned with process. It is ordered by the Court that publication be made in Springfield Missourian, a newspaper
(continued)
111
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864 p 736 cont.
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 an action commenced him in this Court by petition and attachment founded on a promissory note in the nature of a Bill of Exchange dated June 27 1861 due four months after date for the sum of $100 and that unless he appears at the next term of this Court which commences on the first Monday in January 1865 and on or before the 6th day thereof (if the term shall so long continue if not then before the end of the term) plead, answer or demur to Plaintiff's petition the same will be taken as confessed and his property which has been attached will be sold to satisfy the same.
Alexander Lackey Plaintiff
vs Civil Action Appeal J.P.
Harvey Hammontree Defendant
Now at this day comes the parties by attachment and being ready for trial thereupon comes a Jury, vis, D.R. Riggs, A. Garrison, J.L. Keet, T.E. Mason, J.H. McCluer and William H. Price Sr, six good and lawful men who being duly elected, tried and sworn to try the issue found and having taken the oath prescribed by ordinance and having heard a portion of the evidence and there not being time to complete the same, said Jury is under instructions from the Court and is discharged until tomorrow morning 7:30 o'clock.
Ordered by the Court adjourn until tomorrow morning 7:30 o'clock.
John S. Waddill C J
p 737. August 4th 1864
Court met pursuant to adjournment. Present as on yesterday.
Alexander Lackey Plaintiff
vs Civil Action Appeal J.P.
Harvey Hammontree Defendant
Now at this day again come the Jury empannelled on yesterday and having heard evidence completed and heard the instructions of Court returned the following verdict "We the Jury find the verdict for the Plaintiff." It is therefore considered and adjudged by the Court that the Plaintiff have and retain the said amount and his costs laid out and expended and that execution issue therefor.
James W. Boren Plaintiff
vs Civil Action
Lemuel H. Ritchey and J.P. Owen as
Garnishee Defendants
Now at this day it appearing to the Court from the answer of James P. Owen a garnishee in this cause that the said garnishee has in his possession a printing press, the property of Defendant, which he holds subject to the order of this Court and the Court being satisfied from the evidence introduced that said press is liable to wear and tear and depreciate and will sell as well or better now than at the termination of this suit. It is ordered that the Sheriff of Greene County sell the said printing press at the Court House in Springfield after advertising as the law directs for cash in hand and hold the proceeds of said sale in his hands subject to the orders of this Court.
p 738.
Ordered by the Court adjourn till tomorrow morning 9 o'clock. John S. Waddill C J
Friday August 5th 1864.
Court met pursuant to adjournment. Present as on yesterday
rest of page Motions and answers, filings.
112
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
P. 739.
Motions and filings.
Rebecca Payne et al Plaintiff
vs Civil Action
Daniel Payne et all Defendant
Now at this day comes Henry Matlock who is known to the Court as the former Sheriff of Green County and the person who extended a Sheriff's deed to S.C. Vaughan and John A. Bigbee for the E 1/2 of SE 1/4 Section 17 Township 28 Range 22 sold under a judgment for partition and orders from this Court in the above entitled cause and acknowledged that he executed and delivered the same for the purposes therein expressed.
p 740.
State of Missouri Plaintiff
vs #1 Selling Liquor Without Oath or Bond
Henderson Jones Defendant
Now at this day comes Henderson Jones as principal and John NcElhaney 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 said Henderson Jones who stands indicted in the Greene Circuit Court for Selling Liquor Without Oath or Bond shall be and make his personal appearance before the Greene Circuit Court on the first day of the next term thereof which will be held at the Court House in Springfield 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 or Bond
Henderson Jones Defendant
Now at this day comes Henderson Jones as principal and John McElhaney 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 said Henderson Jones who stands indicted in the Greene Circuit Court for Selling Liquor Without Oath or Bond shall be and make his personal appearance before the Greene Circuit Court on the first day of the next term thereof which will be held at the Court House in Springfield 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 #3 Selling Liquor Without Oath or Bond
Henderson Jones Defendant
Now at this day comes Henderson Jones as principal and John McElhaney 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 said Henderson Jones who stands indicted in the Greene Circuit Court for Selling Liquor Without Oath or Bond shall be and make his personal appearance before the Greene Circuit Court on the first day of the next term thereof which will be held at the Court House in Springfield on the first Monday in January 1865 and answer said Bill of Indictment and not depart said Court without leave.
p 741.
William M. Atchley Plaintiff
vs Civil Action
Jackson Shaddox Defendant
Now at this day this cause is dismissed by Plaintiff attorney. It is therefore considered by the Court that Defendant have and recover of Plaintiff his costs laid out and expended and that he have execution therefor.
113
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F.
JULY TERM 1864
p 741/742.
Joseph W. McClurg, William D. Murphy,
Hervey A. Massey, Marshal W. Johnson
and Edward D. Torbet Plaintiffs
vs Civil Action
John W. Hancock Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant has been duly notified of the commencement of this Suit by publication in the 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 or plead or demur to Plaintiff's petition the same is taken as true and it is considered by the Court that the Defendant have an interlocutory judgment but it not appearing to the Court what amount of damage Plaintiffs are entitled to recover. It is ordered that unless this judgment be set aside on or before the 6th day of the next term of this term that enquiry be had and this judgment be made final.
p 742.
Joseph Moss, surviving partner of
Joseph S. Moss & Co and admin of
D.W. CPortin, D.D. Berry Plaintiff
vs Civil Action
John Hyle, Triphina Hyle, his wife Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that Defendant John Hyle had been duly notified of this action by a copy of petition and Writ of Summons left at his usual place of abode with the Defendant Triphina Hyle, a white member of the family over the age of 15 years and on Luphina Hyle by a copy of said petition and summons and the said Defendants having failed to answer plead or demur to Plaintiff's petition and the same being founded on a promissory note signed by Defendant John Hyle secured by mortgage deed on real estate. The Court doth consider that Plaintiff have interlocutory judgment by default and unless the same be set aside for cause shown on or before the 6th day of next term of this Court enquiry be had and that the same be thereby made final.
Philip M. Slaughter Plaintiff
vs Civil Action
Joseph Wilkins Defendant
Now at this day comes the parties by attorney and by agreement announce themselves ready for trial whereupon came a Jury, vis, W.H. Burden, J.W. Leathers, W.B. Gregory, G.T. Beal, W.T. Cromwell and H.J. Potter, six good and lawful men who by agreement and duly elected tried and sworn to try the issue joined and having heard the evidence and instructions of Court return into Court the following verdict, We the Jury find for the Defendant. It is therefore considered and adjudged by the Court that the said Defend ant have and retain the possession of the said horse in controversy and also recover of and from Plaintiff his costs in this behalf laid out and expended and that he have an execution therefor.
p 743.
H.I. Rose Plaintiff
vs Civil Action
W.T. Carter & K. Rose Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses the attachment in this cause and also dismisses this suit as to Kindred Rose.
114
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 743.
H.I. Rose Plaintiff
vs Civil Action
William T. Carter Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the said Defendant has been duly notified of the pending of this suit by publication in the Springfield Journal, a newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day of this Court and having failed to answer plead or demur to Plaintiff's petition and the same being founded on a promissory note for the direct payment of money signed by Defendant 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 $200 debt and also $78.50 damage. 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 his costs, that this judgment bear 10% and that Plaintiff have execution therefor.
Townly Rose admin of estate of
William R. Rose deceased Plaintiff
vs Civil Action
Thomas Forsythe & Temperence Forsythe Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants have been duly notified of the pending 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 and the same being founded on an instrument of writing signed by Defendants for the direct payment of money and a mortgage deed to same, the same is considered and adjudged by the Court that the Plaintiff have interlocutory judgment against Defendants by default and that unless the same be set aside on or before the sixth day of the next term of this Court for cause shown enquiry be had and this judgment will thereby be made final.
p 744.
Ordered that Court adjourn until tomorrow morning 9 o'clock. John S. Waddill C J
Saturday August 6th 1864. Court met pursuant adjournment. Present as on yesterday.
Massey and McAdams, a firm
composed of Harvey A. Massey &
William M. McAdams Plaintiffs
vs Civil Action
Elisha White Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant has been duly served with notice of the commencement of this suit by a copy of petition and Writ of Summons at least fifteen 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 being founded on two promissory notes signed by Defendant and the
amount ascertained thereby. The Court doth find from an examination of the same that the Defendant is indebted to Plaintiff in the sum of $156.65 and also $51.73 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage and also costs, that he have an execution therefor and this judgment bear 10$ interest.
115
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 745.
Alexander Lackey Plaintiff
vs Civil Action
Harvey Hammontree Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion for a new trial in this cause.
Ordered by the Court that Elihu Messick be fined $5 for contempt of Court in not appearing and answering to his name after being duly summoned by the Sheriff as a Jurist and that a rule issue requiring him to appear and show cause if any he have which execution should not issue for the same.
Bank of Missouri Plaintiff
vs Civil Action
T.C. Blakey & B.A. Barrett Defendants
Now at this day coming on for a new hearing and the same being submitted to the Court the right of Jury being waived by the parties and the Court sitting as a Jury having heard the evidence adduced doth find from the same and the instrument sued on that the Defendant is 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 Defendant his said debt and damage and also his costs and that he have an execution therefor.
p 746.
Bank of Missouri Plaintiff
vs Civil Action
T.C. Blakey & B.A. Barrett Defendants
Now at this day comes Defendant B.A. Barrett and by leave of Court files his motion for a new trial in this cause and the Court being fully advised said motion is by the Court overruled. Whereupon came the said Defendant and by leave of Court files his Bill of Exceptions in this cause.
N.A.H. Murphy & Chintolk Murphy Plaintiffs (wife's name is Constantina)
vs Civil Action
John Polk Campbell Defendant
Now at this day comes the parties by attorney and having announced themselves ready for trial thereupon caine a Jury vis F.W. Sholten, G.W. Jamison, J.W. Steel, J.Q. Winterstein, E.A. Fleming, J.A. Coleman, B.B. Havant, J. Vaughan, E.L. McElhaney, H.C. Wilkerson, S.M. Bagby & S. Miller, 12 good and lawful men who having been duly elected tried and sworn to try the issue joined and also taken and subscribed the oath prescribed by ordinance having heard the evidence and instructions of Court return into Court the following verdict vis We the Jury find for the Plaintiff and assess his damage at $50. 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 747.
Charles A. Haden Plaintiff
vs Civil Action
John W. Hancock Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant had been duly notified of the Commencement of this suit by 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
(cont)
116
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F July Term 1864
p 747 (cont )
to answer to answer plead or demur to Plaintiff's petition and the same remaining hereby wholly undefended, it is considered that the same is true and adjudged by the Court that Plaintiff have a judgment interlocutory by default against said Defendant and that unless the same be for cause shown set aside on or before the sixth day of the next term of this Court that enquiry he had, the amount ascertained and this judgment made final.
p 746 item overlooked
Woody Michell and Co. Plaintiff
vs Civil Action
J W D L F Mack Defendant
Now at this day comes on to be heard and the parties having waived the necessity of a Jury and submitting the same to the Court the Court sitting as a Jury doth find from an examination of the instrument sued on, it being a Draft on the Bank of the State of Missouri at St. Louis that the Defendant is indebted to the Plaintiff in the sum of $87.50 debt and $5.30 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 747 (again)
William A. Gibson Plaintiff
vs Civil Action
John Lair & C.B. Holland Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant John Lair has been duly notified of the pending of this suit by publication in the Springfield Missourian for four successive weeks the last insertion at least four weeks before the first day of the present term of this Court and having failed to answer plead or demur to Plaintiff's petition whereby the same remains wholly undefended herein. It is therefore considered and by the Court adjudged that Plaintiff have an interlocutory judgment by default against Defendant Lair and that unless the same for causes shown be Set aside on or before the sixth day of the next term of this Court that enquiry be had to ascertain the nature and amount of Plaintiff's demand and that final judgment be therein rendered.
Ordered that Court adjourn until Monday morning 9 o'clock. John S. Waddill C J
p 748.
Monday August 8th 1864. Court met pursuant to adjournment. Present as on Saturday.
Jacob Winger Plaintiff
vs Civil Action
J.M. Bailey Defendant
Now at this day comes the Plaintiff by attorney and on his application and for cause shown the interlocutory judgment rendered in this cause is by the Court set aside and Plaintiff by leave of Court answers his petition in this cause.
p 749.
N.A.H. Murphy, et al Plaintiffs
vs Civil Action
J.P. Campbell Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion for arrest of judgment in this cause, also his motion for a new trial and the Court being fully advised said motions are by the Court overruled.
117
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 749.
N.A.H. Murphy, et al Plaintiff
vs Civil Action
John P. Campbell Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his affidavit and bond asking for an appeal to the Supreme Court which bond is by the Court approved and an appeal in this cause granted.
p 750.
James Mills Plaintiff
vs Civil Action
Morris Black Defendant
Now at this day comes the parties by attorney and by agreement of parties this cause is continued until the next term of this Court with leave to plead on the first day of next term.
T.A. Reed Plaintiff
vs on Motion for Judgment
Henry Sheppard Defendant
Now at this day comes the parties by attorney the Defendant files motion and affidavit for a continuance which is by the Court granted. And it is adjudged by the Court that Plaintiff recover of Defendant his costs for this term and that he have execution therefor.
Ordered that Court adjourn until tomorrow morning 8 o'clock. John S. Waddill C J
Tuesday August 9th 1864
Court met pursuant to adjourninent. Present as on yesterday.
p 751.
Motions filed
J.L.. Rainey, et al Plaintiff
vs Civil Action
Joseph T. Morton Defendant
Now at this day it appearing to the Court from affidavit that Plaintiff has deceased. It is ordered that D.C. Allen admin of Deceased be substituted as party Plaintiff in this cause.
p 752.
Now at this day comes Elisha Messick and for cause shown the fine assessed for contempt is by the Court released and the said Elisha Missuk discharged on payment of costs.
State of Missouri Plaintiff
vs Selling Liquor Without Oath and Bond
Isaac Studer Defendant
Now at this day comes Isaac Studer as principal and John A. Morton 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 Isaac Studer who stands indicted in the Greene Circuit Court for Selling Liquor Without Oath and Bond shall be and make his personal appearance before the Judge of our Greene Circuit Court on the first day of the next term thereof which will be held at the Court House in Springfield Greene County, Missouri, on the first Monday in January 1865 and answer said Bill of Indictment and not depart said Court without leave.
118
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 752/753.
James F. Hardin Plaintiff
vs Civil Action
Thomas J. Andrews Defendant
Now at this day comes the Plaintiff by attorney and files his petition, affidavit and attachment which is by the Court approved and a Writ of Attachment is ordered to issue and it appearing to the satisfaction of the Court that the Defendant has absented or absconded from his usual place of abode in this State so that he cannot be served with process. It is therefore ordered by the Court that publication be made in the Springfield Missourian, a newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day of this Court notifying said Defendant that the Plaintiff has commenced a Suit by attachment against him in the Greene Circuit Court where he asks judgment for $200 for services and as an attorney and that unless he be and appear before the Greene Circuit Court at the Court House in Springfield, Missouri on the first day of the next term thereof which commences on the first Monday in January 1865 and plead answer or demur to the 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 judgment rendered against him accordingly and his property sold to satisfy the same.
P 753/754.
Elizabeth D. Campbell admin of
Leonidas C. Campbell , deceased Plaintiff
vs Civil Action
William W. Blackman Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the said Defendant has been duly notified of the commencement of this suit by publication in the Springfield Missourian, a newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day of this Court and having to answer plead or demur to Plaintiff's petition whereby the same remains wholly undefended, and the same being founded on a promissory note for the direct payment of money signed by Defendant and his indebtedness ascertained thereby. The Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $1649.65 debt and $74.21 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from said Defendant his said debt and damage and also costs that this judgment bear 10% interest and it further appearing that on the 4thMay 1864 a Writ of Attachment issued in this cause and by the Sheriff of Greene County on the same day and on the following real estate in Greene County vis NW fcl 1/4 Section 32 Township 29 Range 21 and N 1/2 NE 1/4 and E 1/2 Lot No 2 NW fcl 1/4 Section 3 Township 28 Range 21 and SE 1/4 SW 1/4 Section 34 Township 29 Range 21 and E 1/2 NW 1/4 Section 11 Township 29 Range 21. Also, a Writ of Attachment was on the 13 May 1864 issued to the Sheriff of Lawrence County and by him on the 19th May 1864 levied on the following real estate in said County vis SW 1/4 Section 31 Township 28 Range 26. It is therefore ordered that special execution issue to sell this property attached or so much thereof as shall be sufficient to satisfy debt damage and costs.
p 754.
Henry Matlock Plaintiff
vs Civil Action
John W. Payne & Daniel Payne, W.H.
Payne and David W. Payne Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant John W. Payne has been duly served with notice of the commencement of this suit by publication in the Springfield Journal, a newspaper published in this state, for four
(continued)
119
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 754 (cont)
successive weeks the last insertion at least four weeks before the first day of this Court and also that the said William H. Payne had been served with notice by having a copy of the original writ and petition left at his usual place of abode in this State with a white person a member of his family over the age of 15 years and having failed to plead answer or demur to Plaintiffs petition the same is taken as true and it is considered and adjudged by the Court that the Plaintiff have a judgment interlocutory by default against said John W. Payne and W.H. Payne and unless the same be set aside for cause by the sixth day of the next term of this Court that enquiry be had and the judgment be made final.
p 754.
Thomas J. Bailey Plaintiff
vs Civil Action
John S. Kimbrough Defendant
Now at this day comes the parties and being ready for trial thereupon came a Jury vis J.A. Kithen, J.A. See, J.A. Coleman, J.W. Kelly, Thomas Hagwood, J. Wagner, J.P. Cuthburton, John Rush, F. Mack, E. Holland, E. Painter and A.A. Gardner, twelve good and lawful men who being duly elected tried and sworn to try the issue joined and taken and subscribed the oath prescribed by ordinance are by the Court discharged under orders until tomorrow morning 9 o'clock.
p 755.
Ordered that Court adjourn until tomorrow morning 9 o'clock. John S. Waddill C J
Wednesday August 10th 1864.
Court met pursuant to adjournment. Present as on yesterday.
(Divorce)
Mary E. Martin by next friend
Edward Almond
vs
Thomas G. Martin, George Gibson
and ______ Hooper. (Previously extracted)
p 756.
Thomas J. Bailey Plaintiff
vs Civil Action
John S. Kimbrough Defendant
Now at this day again comes the Jury empannelled on yesterday and having heard the testimony and isntructions of Court return into Court the following verdict viz We the Jury find for the Plaintiff and find his debt for $1071 and his darnage at $510.36. It is therefore considered and adjudged buy the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage and also costs and that this judgment bear 10% interest and that execution issue therefor.
State of Missouri Plaintiff
vs Robbery
James P. Martin Defendant
Now at this day comes Defendants attorney and on his application the Defendant is brought into Court for the purpose of entering into recognizance and having failed to offer good and sufficient bail is by the Court remanded to jail.
120
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