Springfield-Greene
County LibraryJuly Term 1865
Book G
July 18th 1865.
p 266.
State of Missouri Plaintiff
vs Felonious Assault
Joseph Wilson Defendant
Now at this day comes the Grand Jury and in this cause return Not A True Bill and find that the prosecutor James L. Raines should pay the costs. It is therefore considered that the said Defendant be discharged from his said recognizance and that he go hence without day and it being shown to the Court that the said prosecutor is insolvent and unable to pay costs it is ordered that a fee bill to the andeties of State.
Motions filed --
B.F. Parks vs Calvin Vance and J.S.C. Huddleston -- Defendants file additional answer.
Elisha Headlee adm vs W.H. Blakey, T.R. Bridges, R.C. Prunty -- file interrogations.
John Carney and S. Blythe vs Reuben Carter, Baker Russell et al -- alias writ filed.
State of Missouri vs C.B. Henslee -- cause continued.
p 267.
Bank of Missouri vs C.A. Haden -- Defendant files answer.
Bank of Missouri vs C.A. Haden, Thompson, et al -- Defendants file answer
Nelson Burkhart vs Samuel Miller et al -- dismisses this cause as to James Grant, Dfd.
T.E. & James Robertson Plaintiffs
vs Sheriff's Deed
Nimrod Ford et al
Now at this day comes into open Court J.F. Brown Coroner of Greene County and acknowledges the execution of a Deed to Isaac N. Wilson for the following real estate E 1/2 NW 1/4, E 1/2 SE 1/4 Section 31, S 1/2 NW 1/4, NW 1/4 SW 1/4 Section 32 all in Township 31 Range 34 and the said J.F. Brown acknowledged that he executed and delivered the same for the purposes therein expressed said real estate being sold by virtue of an execution in the above entitled cause.
T.E. & J.F. Robertson
vs Sheriff's Deed
N. Ford et al
Now at this day comes J.F. Brown who is known to the Court as the Coroner of Greene County and presents a Deed to T.J. Edmonson for the following real estate NE 1/4 SE 1/4 Section 25 Township 30 Range 23 sold under and by virtue of an execution in the above entitled cause and the same Brown acknowledged that he executed and delivered the same as such Coroner for the purposes therein contained.
p 268.
State of Missouri Plaintiff
vs Grand Larceny
Charles Layton Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in person and by attorney who for a plea says he is not guilty and of this puts himself on the Country and the Circuit Attorney doth the like, thereupon came a Jury viz Joseph Chaffin, John A. See, William Woodward, G.W. Thomas, J.B. Hudson, A.T. Graves, John McElhaney, A.A. Gardner, Henry Beard, John B. Cox, C.C. Turner and Joseph Hursh, twelve good and lawful men, who having been sworn to the oath of loyalty under the provisions of the Constitution and by the issue joined, having heard the evidence and instructions of the Court deliver into the Court the following verdict "We the Jury find the Defendant not guilty in manner and form as charged. It is therefore considered and adjudged by the Court that the State of Missouri take nothing by her said suit, that the Defendant be discharged hereof and go hence without day.
87
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
July 18th 1865
p 268/269.
James D. Vanbiber Plaintiff
vs Civil Action
Jemina Zumalt Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court files his petition and affidavit stating that the Defendant is nonresident of this State. It is there fore ordered by the Court that the Defendant be notified that the Plaintiff has commenced a suit by attachment in the Greene Circuit Court against the said Defendant founded on a promissory note for the sum of $34.13 dated 23 March 1860 and due one day after date bearing 10% interest and that unless the Defendant be and appear in the said Court on the first day of the next terni thereof which will be holden at the Court House in Springfield on the first Monday in January 1866 and plead, answer or demur to Plaintiff's petition on or before the third 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 accordingly.And it is further ordered that the order be published in the Missouri Patriot for four successive weeks, the last insertion aleast four weeks before the next term of this Court.
p 269.
State of Missouri Plaintiff
vs Grand Larceny
John Bedford Defendant
Now at this day comes the Defendant and files application verified by affidavit asking a Change of Venue in this cause on account of prejudice in the mind of the Court against him. Whereupon a Change of Venue is awarded in this cause to the Circuit Court of Dallas County in the 7th Judicial Circuit.
State of Missouri Plaintiff
vs Grand Larceny
John Bedford Defendant
Now at this day comes D.B. Rainey, N.A. McCorkle, Lumda Stephens, Mary Holmes and Benj Shockley who each acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars each to be levied of their goods and chattels land and tenements and to be void on condition that they be and make their personal appearance before the Judge of the Dallas County Circuit Court at the Court louse in Buffalo on the third Monday in September next and testify on behalf of the State in the above entitled cause and not depart said Court without leave.
North and Scott, assign. Plaintiff
vs Civil Action
John and Tapley Daniel Defendants
Now at this day it appearing to the Judge of this Court had been of Counsel in this cause, it is ordered that a Change of Venue be awarded to the Circuit Court and that the same be certified to said Court as Law directs.
State of Missouri Plaintiff
vs Selling Liquor Without License
J.F. Oneal Defendant
Now at this day comes the Circuit Attorney and also Defendant and having announced themselves ready for trial, thereupon came a Juryviz J.D. Bunch, J.J.Campbell, William Lyman, H.R. Jarratt, William McDaniel, Eli Spoon, J. Longcrier, A.C.C. McElhannon A.J. Potter, W.B. Gregory, Barrett Simmons and
J. Cunningham, twelve good and lawful men who having been sworn as the Constitution requires and to try the issue heard
(cont)
88
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 269(continued)
there not being time to complete hearing of the cause are discharged until toniorrow 9 o'clock.
Ordered that Court adjourn until tomorrow morning 9 o'clock.
S.H. Boyd Cir Judge
July 19, 1865
Court met pursuant to adjournment. Present as on yesterday.
Page Wood Plaintiff
vs Civil Action
Samuel Herrald Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court asks to with draw the instrument sued on in this cause which is granted by his leaving a certified copy of same with original papers.
p 271.
Motions
State, to use E. Headlee vs J. Franklin & J.G. Dollison -- leave given Defendants Plea by first day of next term.
John Burkhart vs Joel Shelby et al Henry Raker, -- one of Dfds, files his answer.
Joseph S. Moss, surviving
partner of J.S. Moss & Co. Plaintiff
vs Civil Action
Thomas R. Bridges Defendant
Now at this day comes the Plaintiff by attorney and files petition, affidavit and bond asking Writ of Attachment against the property of Defendant which is granted and said Writ ordered to issue.
p 272.
State of Missouri Plaintiff
vs Disturbing Peace
R.M. Jaccard Defendant
Now at this day comes the Circuit Attorney and also Defendant who for a plea says he is guilty as charged. It is therefore considered by the Court that Defendant be fined the sum of five dollars for the commission of the offense and the Court doth consider and adjudge that the State have and recover of and from Defendant his said fine of five dollars and also costs that she have and execution therefor and that Defendant be and remain in custody of Sheriff until same are fully paid.
State of Missouri Plaintiff
vs Disturbing Peace
James F. Mayes Defendant
Now at this day comes the Circuit Attorney and also Defendant who for a plea says he is guilty as charged. It is therefore considered by the Court that Defendant be fined the sum of five dollars for the commission of the offense and the Court doth consider and adjudge that the State have and recover of and from Defendant his said fine of five dollars and also costs that she have and execution therefor and that Defendant be and remain in custody of Sheriff until same are fully paid.
State of Missouri Plaintiff
vs Disturbing Peace
H.S. Fairchild Defendant
Now at this day comes the Circuit Attorney and also Defendant who for a plea says he
(continued)
89
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G.
JULY TERM 1865
p 272 (continued) July 19th 1865
is guilty as charged. It is therefore considered by the Court that Defendant be fined the sum of five dollars for the commission of the offense and the Court doth consider and adjudge that the State have and recover of and from Defendant his said fine of five dollars and also costs that she have and execution therefor and that Defendant be and remain in custody of Sheriff until same are fully paid.
p 273.
State of Missouri Plaintiff
vs Felonious Assault
F.F. Tilford Defendant
Now at this day comes the Circuit Attorney and on his motion an alias writ is ordered to issue to Dallas County Mo returnable next term.
State of Missouri Plaintiff
vs Selling Liquor Without License
James Long Defendant
Now at this day comes the Circuit Attorney and also Defendant who for a plea says he is guilty as charged, whereupon the Court orders that the Defendant be fined twenty dollars for the commission of the offense. And it is considered and adjudged by the Court that the State of Missouri have and recover of and from Defendant the said fine of twenty dollars and costs and that execution issue thereon and Defendant be and remain in custody of Sheriff until fine and costs are fully paid.
Now at this day comes into Court the Grand Jury and release the following True Bill of Indictment viz
S. Chandler and William Jones malicious killing cow.
Thompson and Elliott selling Liquor on Sunday which is ordered to be filed and capias issued.
Jury retire to further consider of their presentments.
p 274.
State of Missouri Plaintiff
vs Selling Liquor Without License
J.F. Oneal Defendant
Now at this day comes the Circuit Attorney and also Defendant by attorney who for a plea says he is not guilty and being ready for trial thereupon comes a Jury viz J. Cunningham, J.D. Burnet, J.J. Campbell, William Lyman, H.R. Jarratt, William McDaniel, Eli Spoon, J. Longcrier, A.C.C. McElhanon, A.J. Potter, W.B. Gregory, B. Lemmon, who being duly sworn as provided by the constitution and also to try the issue having heard the evidence and instructions of Court say "We the Jury find the Defendant not guilty." It is therefore considered and adjudged by the Court that the State take nothing by her suit and that the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Grand Larceny
John Bedford Defendant
Now at this day comes the Defendant John Bedford as principal and Elihu Messick and James McQuerter as securities who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $700 to be levied of their goods and chattels lands and tenements to be void on condition that the said John Bedford who stands indicted in the Greene Circuit Court on a charge of Grand Larceny and has taken a change of Venue to the Circuit Court of Dallas County shall be and make his personal appearance before the Judge of said Dallas Circuit Court at the Court House in Buffalo at the next term thereof to commence and be holden on the 3rd Monday in September, next, and answer said Bill of Indictment and not depart said Court without leave.
90
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 274.
State of Missouri Plaintiff
vs Grand Larceny
Joshua Creson Defendant
Now at this day comes the Circuit Attorney and also Defendant who by his attorney files application for a Change of Venue in this cause on account of the prejudice in the minds of the inhabitants of Greene County against him. It is therefore ordered by the Court that a Change of Venue be ordered to the Circuit Court of Webster County and that the same be certified.
p 275.
State of Missouri Plaintiff
vs Grand Larceny
Joshua Creson Defendant
Now at this day comes Terry G. Price, William Brooks, William Dye and A.M. Julian who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 each to be levied of their goods and chattels, lands and tenements to be void on condition that they, and each of them, be and make their personal appearance before the Judge of the Circuit Court of Webster County at the Court House in Marshfield on the first day of the next term of this Court to be holden on the third Monday in September, next, and testify on behalf of the State in the above entitled cause and not Depart said Court without leave.
State of Missouri Plaintiff
vs #3 Gaming House
J.F. Oneal Defendant
Now at this day coines the Circuit Attorney and says by leave of Court be will not further prosecute this cause. It is therefore considered by the Court that the State take nothing by her suit, that the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs #1 Keeping Gaming House
J.F. Oneal Defendant
Now at this day comes the Circuit Attorney and also the Defendant who for a plea says he is not guilty thereupon came a Jury viz G.W. Thomas, George Wiley, W.H. Whitlock, J.J. Whitlock, T.C. Piper, W.F. Dunn, W.B. Gregory, J.J. Campbell, B. Sinimons, W. Lyman, J.D. Burnet and A.C.C. McElhanon, twelve good and lawful men who having taken the oath of loyalty prescribed by the Constitution and also to try the issue joined having heard the evidence and instructions of the Court say "We the Jury find the Defendant guilty in manner and form charged and assess his fine at ten dollars." It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from Defendant her said fine of ten dollars and also her costs in this behalf that she have an execution therefor and that the Defendant be and remain in custody of the Sheriff until fine and costs are fully paid.
p 276.
State of Missouri Plaintiff
vs #1 Selling Liquor Without License
J.F. Oneal Defendant
Now at this day comes the Circuit Attorney who prosecutes and says by leave of Court he will not further prosecute this cause. It is therefore considered by the Court that the same be dismissed, that the Defendant be discharged hereof and go hence without day.
91
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G.
JULY TERM 1865
p 276.
State of Missouri Plaintiff
vs #2 Selling Liquor Without License
J.F. Oneal Defendant
Now at this day comes the Circuit Attorney who prosecutes and says by leave of Court he will not further prosecute this cause. It is therefore considered by the Court that the same be dismissed, that the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs #3 Selling Liquor Without License
J.F. Oneal Defendant
Now at this day comes the Circuit Attorney who prosecutes and says by leave of Court he will not further prosecute this cause. It is therefore considered by the Court that the same be dismissed, that the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs #4 Selling Liquor Without License
J.F. Oneal Defendant
Now at this day comes the Circuit Attorney who prosecutes and says by leave of Court he will not further prosecute this cause. It is therefore considered by the Court that the same be dismissed, that the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Keeping Gaming House
Joseph Oneal Defendant
Now at this day comes the Defendant by attorney and by leave of Court files Bill of Exceptions in this cause.
p 277.
State of Missouri Plaintiff
vs Selling Liquor Without License
W.H. Worrell Defendant
Now at this day comes the Circuit Attorney and on his motion this cause is continued until the next term of this Court on account of the absence of State Witness in the U.S. Service.
State of Missouri Plaintiff
vs Selling Liquor Without License
David Smith Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged whereupon the Court doth fine the Defendant the sum of twenty dollars for the commission of the offense. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from the Defendant her said fine of twenty dollars and also her costs that she have an execution therefor and that the Defendant be and remain in custody of Sheriff until fine and costs are fully paid.
State of Missouri Plaintiff
vs Selling Liquor Without License
L. Ulman Defendant
Now at this day comes the Circuit Attorney and on his motion this cause is continued until the next term of this Court.
92
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 277/278.
J.S. Moss as surviving partner
of J.S. Moss and Co Plaintiff
vs Civil Action
Thomas R. Bridges Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court files his petition verified by affidavit setting forth that Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Court that the Defendant be notified that Plaintiff has commenced a suit by attachment in the Green Circuit Court against him, the object of which is to obtain a Judgment against said Defendant and note executed by Defedant to J.S. Moss and Co dated 2nd January 1861 for $62.95 due one day after the date with 10% interest 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 will be holden on the first Monday in January 1866 on or before the third day of the term if it shall so long continue if not then before the end of the term and plead answer or demur to Plaintiff's petition, the same will be taken as true and Judgment rendered against him and his property attached and sold to satisfy the same. And it is further ordered that this order be published in the Missouri Patriot for four successive weeks the last insertion to be at least four weeks before the first day of the next term of this Court.
p 276.
Roger Q. Banfield Plaintiff
vs Civil Action
John Daniel Defendant
Now at this day comes the Plaintiff in the above entitled cause into Court and files his petition and affidavit stating amongst other things that the above nemed Defendant is not a resident of the State of Missouri. It is therefore ordered by the Court aforesaid that publication be made notifying said Defendant, John Daniel, that an action has been commenced against him by petition and attachment in the Circuit Court of Greene County in the State of Missouri for damages for wrongfully taking of Plaintiff without his consent one horse worth $135 also clothing worth $40 and that unless said John Daniel be at the next term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the first Monday in January 1866 and on or before the third day thereof (if the term shall so long continue and if not then before the end of the term) and plead answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against him. And it is further ordered that a copy hereof be published in the Missouri Weekly Patriot, a newspaper published in this State for four weeks successively the last insettion thereof to be at least four weeks before the commencement of the next term of this Court.
Ordered that Court adjourn until tomorrow 9 o'clock.
S.H. Boyd Cir Judge
p 279. July 20th 1865
Court met pursuant adjournment. Present as on yesterday
State of Missouri Plaintiff
vs Selling Liquor Without License
L. Ulman Defendant
Now at this day comes the Circuit Attorney and says by leave of Court he will not further prosecute. It is therefore ordered that the same be dismissed and the Defendant be discharged hereof and go hence without day.
93
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865. July 20th 1865
p. 279.
State of Missouri Plaintiff
vs Selling Liquor Without License
W.A. Kelly Defendant
Now at this day comes the Circuit Attorney and says by leave of Court he will not further prosecute. It is therefore ordered that the same be dismissed and the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Selling Liquor Without License
John A. Page Defendant
Now at this day comes the Circuit Attorney and says by leave of Court he will not further prosecute.It is therefore ordered that the same be dismissed and the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Betting on Election
John R. Cox Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged. It is therefore considered and adjudged by the Court that the Defendant be fined the sum of ten dollars for the commission of the offense and it is considered and adjudged by the Court that the State of Missouri have and recover of and from Defendant her said fine of ten dollars. and also her costs in this behalf laid out and expended, that she have an execution therefor and that the Defendant be and remain in custody of the Sheriff until fine and costs are fully paid.
p 280.
State of Missouri Plaintiff
vs Gaming
James Orr Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged. Whereupon the Court doth fine the Defendant the sum of ten dollars for the commission of the offense and it is considered and adjudged by the Court that the State of Missouri have and recover of and from Defendant her said fine of ten dollars and also her costs in this behalf laid out and expended, that she have an execution therefor and that the Defendant be and remain in custody of the Sheriff until fine and costs are fully paid.
State of Missouri Plaintiff
vs Keeping Gaming House
J.F. Oneal Defendant
Now at this day comeE the Defendant by his attorney and by leave of Court files his motion to set aside the verdict and grant a new trial in this cause.
Nelson Burkhart Plaintiff
vs Civil Action
Samuel Miller et al Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to Dr Duval one of the Defendants in this action.
p 280/281.
State of Missouri Plaintiff
vs Selling Liquor Without License
John A. Page Defendant
Now at this day comes the Circuit Attprney and also the Defendant and having announced
(continued)
94
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 280/281 - (cont.)
themselves ready for trial, thereupon came a Jury viz A.B. Matthews, William Reynolds, W. Wallace, J. Longcrier, E. Painter, A.J. Potter, William McDaniel, George Eiley, H.R. Jarratt, E. Spoon, William Lyman, R. Lemmon, twelve good and lawful men who being sworn as provided by the Constitution and also to try the issue joined, the Defendant comes and says he is guilty whereupon the Jury doth assess a fine of twenty dollars on Defendant for the commission of the offense. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from said Defendant her said fine of twenty dollars and also her costs that execution issue therefor, and that the Defendant be and remain in custody of the Sheriff until fine and costs are fully paid.
p 281.
State of Missouri Plaintiff
vs Selling Liquor Without License
William Armstrong, D.C. Brewster Defendants
Now at this day comes the Circuit Attorney and also tbe Defendants, and having announced themselves ready for trial thereupon came a Jury viz A.B. Matthews, William Reynolds, W. Wallace, J. Longcrier, E. Painter, A.J. Potter, William McDaniel, George Wiley, H.R. Jarratt, Eli Spoon, William Lyman and B. Lemmon, twelve good and lawful men who being duly elected and sworn as the Constitution requires and to try the issue joined, having heard the evidence and instructions of Court return into Court the following verdict "We the Jury find the Defendants guilty in manner and form charged and assess their fine at one hundred dollars." It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from the Defendants her said fine of one hundred dollars and also her costs that she have an execution therefor and that the Defendants be and remain custody of the Sheriff until fine and costs are fully paid.
Now at this day for good cause shown it is ordered bv the Court that the fine assessed against R.J. McElhaney for failing to appear as a Juror in obedience to summons be remitted.
p 282.
State of Missouri Plaintiff
vs Resisting Process
David K. Tutt Defendant
Now at this day comes the Circuit Attorney and also Defendant who for a plea says he is not guilty whereupon comes a Jury viz G.W. Thomas, H. Jones, A.C.C. McElhanon, J.D. Bunch, Isaac Dyer, F.E. Watterson, E. Painter, William Reynolds, W. Wallace, J. Longcrier, George Wiley, J.A. Lee, twelve good and lawful men who being duly elected and sworn as provided by the Constitution and to try the issue having heard the evidence and instructions of Court say "We the Jury find the Defendant guilty in manner and form charged and assess his punishment at one hundred dollars. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from Defendant her said fine of one hundred dollars and also her costs that she have an execution therefor and that the Defendant be and remain in custody of the Sheriff until fine and costs are fully paid.
Duke Kimbrough Heirs of Expartee
Petition for Partition
Now at this day comes Henry Matlock who is known to the Court as former Sheriff of Greene County and presents a Deed made by him to Peter Blackwell and Joel A. Blackwell for the following real estate Lots no five and six of NE 1/4 fl gr Sec No two Township 29 Range 23 sold under an order of partition in the above cause and the said Matlock acknowledged that he executed and delivered the same for uses and purposes therein.
95
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 283.
State of Missouri Plaintiff
vs Selling Liquor without License
M.D. Smith Defendant
Now at this day comes the Circuit Attorney and also the Defendant who for a plea says he is guilty whereupon the Court doth assess a fine of twenty dollars on the Defendant for the commission of the offense. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from Defendant her said fine of twenty dollars and also that the Defendant be and remain in custody of the Sheriff until fine and costs are fully paid.
State of Missouri Plaintiff
vs Selling Liquor Without License
James Long Defendant
Now at this day comes the Circuit Attorney and also the Defendant who for a plea says he is guilty whereupon the Court doth assess a fine of twenty dollars on the Defendant for the commission of the offense. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from Defendant her said fine of twenty dollars and also that the Defendant be and remain in custody of the Sheriff until fine and costs are fully paid.
State of Missouri Plaintiff
vs Resistance of Civil Officer
David K. Tutt Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion to set aside the verdict and judgment in this cause and grant a new trial.
p 284.
State of Missouri Plaintiff
vs Lewdness
Wilson Stower & Jane Black Defendants
Now at this day comes the Circuit Attorney and says by leave of Court he will not further prosecute this suit. It is therefore considered by the Court that the same be dismissed and that the State take nothing by her suit and that the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Keeping Billiard Table Without License
Isaac Hoff Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who for a plea says he is not guilty and being ready for trial thereupon came a Jury F.E. Watterson, A.B. Matthews, William Reynolds, W. Wallace, N.C. Chaffin, Joe Chaffin, William McDaniel, H.R. Jarratt, William Lyman, Eli Spoon, J.J. Campbell and Elisha Painter, twelve good and lawful men who being duly elected and sworn as provided by the Constitution and also to try the issue formed and having heard a portion of the evidence and there not being time to complete the same, said Jury is discharged under charge from the Court until tomorrow morning 9 o'clock.
Abels Taussig & Co., a firm composed
of Charles Taussig, Amlia Abels &
Morris Taussig Plaintiff
vs Civil Action
R.K. Boyd & James H. Jones Defendants
Now at this day comes the Plaintiff by Attorney and this cause coming on for a final
(continued)
96
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 284 (cont)
hearing and the Defendant having failed to plead, answer or demur or show cause why the Interlocutory Judgment returned at the last term of this Court set aside the cause being submitted to the Court sitting as a Jury having examined the proofs doth find that the Defendants are indebted to Plaintiffs in the sum of $234.58 debt and $95.29 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendants the said debt of $234.58 damage and $95.29 damage and also her costs in this behalf that this judgment bear 10% interest and that an execution issue for the same.
p 285.
Catherine Williams Plaintiff
vs Civil Action
Benjamin C. Hardin & Morris R. Hardin Defendants
Now at this day comes the Plaintiff by her attorney and this cause coming on for a hearing and the said Defendants having failed to plead to this cause why Judgment should not be rendered and the same being submitted to the Court, the Court from an examination of the same doth find that the Defendants are indebted to Plaintiff in the sum of $78.97 debt and $16.16 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendants her said debt of $78.97 and damage of $16.16 and costs of suit, that this Judgment bear 10% and that execution issue therefor.
James Wood Plaintiff
vs Civil Action
Benjamin C. Hardin, Morris R. Hardin 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 commencement of this Suit by publication in the Missouri Weekly Patriot for four successive weeks the last insertion at least four weeks before the present term of the Court and having wholly failed to plead, answer or demur to Plaintiff's petition the same is taken as true and the Court from an examination of the same doth find that Defendants are indebted to Plaintiff in the sum of $80.00 debt and $42.70 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants his said debt of $80.00 and $42.70 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants his said debt of $80.00 and damage of $42.70 and also costs of this Judgment bear 10% and that execution issue thereon.
p 285/286.
Rufus A. John & Morris M. McCluer a
company firm of M.M. McCluer and Co. Plaintiff
vs Civil Action
Turner Goodall & Thomas D. Wooten
composing firm of Goodall and Wooten Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants had been duly notified of t he commencement of this Suit by publication in the Missouri Weekly Patriot for four successive weeks, the last insertion at least four weeks before the present term of the Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true. It is found by the Court that the Defendants are indebted to the Plaintiff in the sum of $66.44 debt and $28.10 damage. It is therefore considered and adjudged by the Court that the Plaintiffs have and recover ofand from Defendants their said debt of $66.44 and damage of $28.10 and also costs, that this judgment bear 10% and that execution issue.
97
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G.
JULY TERM 1865
p 286.
Asa Lyman Plaintiff
vs Civil Action
John C. Thompson, Robert Cloud,
William Hancock, Wallace Blackman,
David Wolf Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified of the commencement of this suit by publication for four successive weeks in the Missouri Weekly Patriot, the last insertion at least four weeks before the present term of this Court and having failed to plead answer or demur to Plaintiff's petition the same is taken as true, but it not appearing to the Court what amount of judgment Plaintiff is entitled to recover. It is considered and adjudged by the Court that the Plaintiff have an interlocutory judgment by default and that a final hearing of this cause be had at the next term of this Court and inquiry of damage be had and this cause be continued until the next term of this Court.
p 286/287.
Jasper Brown Plaintiff
vs Civil Action
Thomas Freeman, James Campbell,
Henry Pace, John Campbell,
Francis McCray, Joseph B. Love,
Boyd Fox, James Jones,
Horatio McFarland, James Rowes,
James Chambers, William Campbell,
James Jack & Felix Lotspeach Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified of the commencement of this suit by publication in the Missouri Weekly Patriot for four successive weeks the last insertion at least four weeks before the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true. It is therefore considered by the Court that the Plaintiff have interlocutory judgment by default against said Defendants but it not appearing to the Court what amount Plaintiff is entitled to recover. It is ordered that inquiry be had at the next term of this Court to ascertain the amount of damage Plaintiff has sustained to which time this cause is continued.
p 287.
Jefferson Brown Plaintiff
vs Civil Action
Thomas Freeman, Henry Pace,
Joseph B. Love, Horatio McFarland,
James Campbell, John Campbell,
Francis McCray, Boyd Fox,
James Jones, James Rowes,
James Chambers, William Campbell,
James Jack & Felix Lotspeach Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified of the commencement of this suit by publication in the Missouri Weekly Patriot for four successive weeks the last insertion at least four weeks before the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true. It is there fore considered by the Court that the Plaintiff have interlocutory judgment by default against said Defendants but it not appearing to the Court what amount Plaintiff is
(continued)
98
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 267 (continued)
entitled to recover. It is ordered that inquiry be had at the next term of this Court to which time this cause is continued.
John D. Burkhart Plaintiff
vs Civil Action
Joseph Shelby, Col Crouch, William P.
McGinnis, William Robertson and
John T. Coffee 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 commencement of this suit by publication in the Missouri Weekly Patriot for four successive weeks the last insertion being at least four weeks before 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 it is considered by the Court that the Plaintiff have an interlocutory judgment by default but it not appearing what amount Plaintiff is entitled to recover. It is ordered by the Court that an inquiry of damage be had at the next term of this Court to assess the amount to which time this cause is continued.
p 288.
Nelson Burkhart Plaintiff
vs Civil Action
Samuel Miller, Samuel Welch, Thomas Livingston,
Jackman Stand, Mattie Cooper, Lafayette Price,
William Sharein, Isaac Jones, Rolin Smith,
Allen Russell, George Snider, William Snider,
Joseph Shelby, Sterling Price, William P. McGinnis,
William A. Snider, Samuel Walker, James P. Lamanie,
Col Crouch, Thomas Monroe, Simpson Monroe,
William Robertson, James McElhaney, O.S. Winters,
Henderson Jenning, William Burns, Rector Johnson,
John T. Coffee, John Sherer, Jackson Sparling,
Berry Lane, James Mills, George M. Burns,
Brice Mayfield, Crack Mayfield, Henry Bailin,
James Blythe, Clark Wallace, Capt. Raider,
Ransom Johnson, William R. Vestal, Richard Fields,
James Fields, James E. Alexander, Eli Jones,
William Ogden, J.H. Bryson, Henry Liles,
John Newport, Jordan Black, J. Philips (alias Jack Philips),
Richard Price, John Gibson, James Tate,
John Bullard, James Thompson, C.B. Churchill Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the said Defendants have been duly notified of the commencement of this suit by publication in the Missouri Weekly Patriot for four successive 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 it is considered that Plaintiff have an interlocutory judgment by default against said Defendants, but it not appearing to the Court what damage Plaintiff has sustained. It is ordered that inquiry be had at the next term of this Court to ascertain the amount to which Plaintiff is entitled to which time this cause is continued.
Ordered that Court adjourn until tomorrow morning 8 o'clock.
S.H. Boyd C J
99
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