Springfield-Greene
County LibraryJuly Term 1865
Book G
p 318.
Now at this day comes David McWilliams by attorney and by leave of Court files his petition for a Writ of Habeas Corpus whereupon it is ordered that said Writ issue returnable tomorrow.
William K. Benton Plaintiff
vs Civil Action
B.H. Woodson, James Norfleet,
W.S. Norfleet & Jacob Shultz Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to B.H. Woodson and James Norfleet. And it appearing to the satisfaction of the Court that the Defendants, William S. Norfleet and Jacob Shultz have been duly notified of the commencement of t his action by copy of Writ and Petition for more than 15 days before the present term of this Cour t and having failed to answer or demur to Plaintiff's petition, the same being founded on a promissory note signed by Defendants for the direct payment of money and the amount ascertained, thereby the Court doth find from an examination that Defendants are indebted to the Plaintiff in the sum of $282.42 debt and $146.70 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants his said debt of $282.42 and his damage of $146.70, that the judgment bear 10% and that an execution issue therefor.
p 319.
Mary Ann Hunt Plaintiff
vs Civil Action
James A. Overstreet & J.S. Wallace Defendants
Now at this day comes the Plaintiff by her attorney and by leave of Court dismisses this cause as to J.S. Wallace and it appearing to the Court that the Defendant James A. Overstreet has been duly notified of the commencement of this action by copy of Writ and Petition more than 15 days before the first day of this Court and having failed to plead answer or demur to Plaintiff's petition and the same being founded on a promissory note signed by Defendant for the direct payment of money and the amount ascerteined thereby, the Court from an examination of the same doth find that the Defendant is indebted to Plaintiff in the sum of $120 debt and $70 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $126 debt and $70 damage and costs of suit that the judgment bear 10% and that execution issue therefor.
p 319/320.
John S. Holland & A.F. Bigbee Plaintiffs
vs Civil Action
Joseph D. Haden Defendant
Now at this day comes the Plaintiffs by their attorney and it appearing to the Satisfaction of the Court that the Defendant has been duly notified of the commencement of this suit by copy of the original petition and with more than 15 days before the first day of this Court and having failed to plead answer or demur to Plaintiff's petition the same being founded on a promissory note signed by Defendant for the direct payment of money and the amount ascertained thereby the Court from an examination of the same doth find that the Defendant is indebted to the Plaintiff in the sum of $73.20 Debt and $4.16 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said debt of $73.20 and his damage of $4.16 and also costs that this judgment bear 10% and that an execution issue therefor.
117
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 320.
John L. Holland Plaintiff
vs Civil Action
Turner Goodall 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 publication in the Missouri Patriot, a newspaper published in this State for four successive weeks the last insertion at least four weeks before the present term of Court and having failed to plead answer or demur to Plaintiff's petition and the same being founded on a promissory note signed by Defendant the Court doth find that the Defendant is indebted to the Plaintiff in the sum of $75 debt and $34.37 damage and it further appearing to the Court that on the 26th April 1865 a Writ of Attachment was issued in this cause against Defendant and by the Sheriff of Greene County levied on the following real estate viz beginning 40 rods and 48 rods and 15 feet West of NE corner of SE 1/4 of Section 23 Township 29 Range 22 W, thence South 40 rods, thence West 12 rods, thence North 40 rods, thence East 12 rods to beginning also NW 1/4 of W 1/2 SE 1/4 of Section 36 Township 29 Range 22 W. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant the said sum of $75 debt and $34.37 damage and all costs of suit that this judgment bear 10% and that a special execution issue against the property so attached.
p 321
State of Missouri Plaintiff
vs Selling Goods Without License
Charles Jacobs Defendant
Now at this day comes the Circuit Attorney and also the Defendant by Attorney who for a plea says he is not guilty whereupon comes a Jury viz J. Dyer, H. Jones, William McDaniel, F.E. Watterson, George Wiley, E. Spoon, Abel McElhanon, W.B. Gregory, James Lambertson, J.D. Bunch, R.B. Howard and E. Wharton, twelve good and lawful men who being duly elected and sworn as the law directs, having heard the evidence and instructions of Court on their oath say "We the Jury find the Defendant guilty in manner and form charged and assess his fine at $250." It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from Defendant his said fine of $250 and also his costs that she have execution therefor and that the Defendant be and remain in custody of Sheriff until fine and costs are fully paid.
p 321/322.
Washington Merritt Plaintiff
vs Civil Action
Samuel Kagarice, G. Thomas,
D. Yount 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 Weekly Missouri Patriot, 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 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 Plaintiff have judgment by default and the Court having examined the note sued on doth find that Defendant is indebted to Plaintiff in the sum of $120.16 debt and $1.70 damage and it further appears that on the 26th day of April 1865 a Writ of Attachment was issued from the Office of the Clerk of the Circuit Court against said Defendants and was on the 26th April 1866 by the Sheriff of Greene County levied on the following real estate of Defendants beginning on the East edge of a 40 ft Street running thence South from the Graveyard in South Springfield and at a point 139 feet North of a double blackjack about 370
(continued)
118
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 321/322 - (continued)
feet South of the SW corner of said Graveyard Lot thence East 298 feet, thence North 30 feet, thence West 98 feet, thence North 103 feet, thence West 200 feet to edge of said street, thence South along said Street 133 feet to beginning. Also starting at a double blackjack on the edge of a 40 feet Street running South from the Graveyard Lot in South Springfield and about 370 feet South of SW corner of said Graveyard Lot, and run North 110 yards and thence East 198 feet for a beginning corner _____, thence South 161 feet thence East 100 feet thence North 161 feet thence West 100 feet to the beginning. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants his said debt of $120.16 and also his damage of $1.70 and also costs, that this Judgment bear 10% and that a special fi fa issue against the property attached.
p 322/323.
Jesse E. Wright admin of
A. Clark deceased Plaintiff
vs Civil Action
J.J. Weaver & J.L. Wallace 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 petition and writ served on them more than fifteen days before the present term of this Court and having failed to plead answer or demur to Plaintiff's petition and the same being founded on a note signed by the Defendants and the amount ascertained by the same, the Court doth find from an examination of the same that the Defendants are indebted to Plaintiff in the sum of $425 debt and $141.25 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendants his said debt of $425 and also his damage of $141.25 and also costs and that this judgment bear 10% and that an execution issue therefor.
p 323.
Edwin T. Robberson Plaintiff
vs Civil Action
Joseph Robberson, Ella Robberson,
Nelly Robberson, William R. Robberson,
Asberry Robberson Defendants
Now at this day comes the Plaintiff by attorney and on motion T.A. Sherwood is appointed guardian ad litive for Jasper and Ella Robberson minor Defendants in this cause, and it appearing to the satisfaction of the Court that the said Defendants, Nelly Robberson, William R. Robberson and Asberry Robberson have been duly notified of the commencement of this suit by publication in the Springfield Journal a weekly newspaper published in this State for four successive weeks, the last insertion at least four weeks before the first day of the present term and having failed to plead answer or demur to Plaintiff's petition, it is by the Court taken as true and adjudged that Plaintiff have judgment by default but it not appearing to the Court here what decree judgment or relief Plaintiff is entitled. It is ordered that an inquiry be had at the next term to ascertain what judgment Plaintiff is entitled to receive to which term this cause is continued.
Ordered that Court adjourn until tomorrow morning 9 o'clock.
S.H. Boyd Cir Judge
p 324. July 26th 1865
Court met pursuant to adjournment. Present as on yesterday.
119
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G.
JULY TERM 1865
26 July 1865.
p 324.
L.B. Hall Plaintiff
vs Civil Action
George Clark Defendant
Now at this day comes this cause on for a hearing and it is ordered by the Court that the same be stricken from the Docket for want of prosecution and it is adjudged by the Court that the Defendant have and recover of Plaintiff his costs and that he have an execution therefor.
Joe M. Carthal Plaintiff
vs Civil Action
B.W. Cannefax Defendant
Now at this day this cause being called, it is ordered that the same be stricken from this docket for want of prosecution and that the Defendant have his costs in this behalf and that execution issue therefor.
Elizabeth Holbrook Plaintiff
vs Civil Action
Thomas Tiller Defendant
Now at this day comes the parties and by agreement and leave of Court this cause is continued until next term of this Court.
R.H. Williams Plaintiff
vs Civil Action
Morrow and Hall Defendants
Now at this day this cause being called and not prosecuted it is ordered that the same be stricken from the docket that Defendant have his costs and execution issue therefor.
Peter Wilson Plaintiff
vs Civil Action
Robert W. Crawford Defendant
Now at this day this cause being called and not prosecuted it is ordered that the same be stricken from the docket and Defendant recover his costs of Plaintiff and have execution therefor.
p 325.
E.B. Miller et al Plaintiff
vs Civil Action
J.J. Weaver et al Defendant
Now at this day this cause being called and not prosecuted it is by the Court stricken from the docket and it is adjudged that Defendants have and recover of Plaintiffs their costs and have execution therefor.
Jesse E. Morris et al Plaintiff
vs Civil Action
Zack Morris et al Defendant
Now at this day this cause being called and not prosecuted it is by the Court stricken from the docket and it is adjudged that Defendants have and recover of Plaintiffs their costs and have execution therefor.
John Bedford Plaintiff
vs Civil Action
William C. Corn Defendant
Now at this day this cause being called and not prosecuted it is ordered by the Court
(continued)
120
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 325 - (cont.)
that the same be stricken from the docket and that the Defendant have and recover of Plaintiff his costs and have execution therefor.
Amos Hood Plaintiff
vs Civil Action
Fanny Blades Defendant
Now at this day this cause being called and not prosecuted it is ordered by the Court that the same be stricken from the docket and that the Defendant have and recover of Plaintiff his costs and have execution therefor.
James Weaver Plaintiff
vs Civil Action
R.G. Abernathy Defendant
Now at this day comes the Defendant by attorney and suggests the death of the Plaintiff in this cause.
J.L. Peck Plaintiff
vs Civil Action
J.W. Lowery Defendant
Now at this day this cause being called and not prosecuted it is ordered by the Court that the same be stricken from the docket and that the Defendant have and recover of Plaintiff his costs and have execution therefor.
p 326.
C.S. Bodenhamer Plaintiff
vs Civil Action
R. Adams Defendant
Now at this day this cause being called and n0t prosecuted it is ordered by the Court to be stricken from the docket and that Defendant have his costs of Plaintiff and that he have an execution therefor.
J.W. Bailey Plaintiff
vs Civil Action
B.H. Woodson Defendant
Now at this day this cause being called and not prosecuted it is ordered by the Court to be stricken from the docket and that Defendant have his costs of Plaintiff and that he have an execution therefor.
Jabez Owen Plaintiff
vs Civil Action
L.A. Campbell Defendant
Now at this day comes the parties and it appearing that the Judge of this Court has been of Counsel in this cause it is ordered that a Change of Venue be awarded to the Polk County Circuit Court and that the same be certified as the law directs.
p 326/327.
May E. Howard Plaintiff
vs Civil Action
John Tyler Defendant
Now at this day comes the Plaintiff by her attorney and it appearing from the return of the Sheriff that the Defendant cannot be found. It is ordered that the Defendant be notified by publication that the Plaintiff has commenced an action against him for the sum of one hundred and sixty dollars for taking and delivering one yoke of oxen
(continued)
121
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 326/327 - (cont)
from the property of Plaintiff and that unless he be and appear at the Court House in Springfield on the first day of the next term of this Court which will be holden on the first Monday in January 1666 and plead, answer or demur to Plaintiff's petition on or bedore the third day (if the term shall so long continue if not then before the end of the term) the said petition will be taken as true and a judgment rendered accordingly. And it is ordered that said notes be published in the Springfield Journal for four successive weeks the last insertion at least four weeks before the next term of this Court.
p 327.
The Bank of Missouri Plaintiff
vs Civil Action
John Lair, John A. Miller and
Samuel S. Vinton Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that said Defendant, John Lair, has been duly served with notice of the commencement of this suit by publication in the Springfield Missourian for four successive weeks the last insertion more than four weeks before the first day of this Court, and that the Defendants, J.A. Miller and S.S. Vinton, had been notified by copy of Writ and Petition more than fifteen days 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 and the Court doth find that Defendants are indebted to Plaintiff in the sum of two thousand dollars debt and four hundred and seventy one dollars damage. The Court doth further find that on the 20th day of April 1863 a Writ of Attachment was issued from the Office of the Clerk of Greene Circuit Court against Defendant, John Lair, which was on the first of June 1863 levied on the following real estate of Defendants John Lair viz Lot I SW fcl 1/4 31 Township 31 Range 21 SE1/4 NW1/4 Section 10 Township 29 Range 22 SE1/4 SE1/4 SW1/4 SE1/4, NW1/4 SE1/4, SW 1/4 SE 1/4 and NW 1/4 SE 1/4 Section 6 and E1/2 SE1/4 and SW1/4 SE1/4 Section 21 Township 29 Range 21 also ten shares in Bank of Missouri also Lot on 5 ___ ___ Being at SW corner of J.S. Phelps Lot on St. Louis Street, this West of J.B. Clark's Lot three North ___ an alley then East with said alley (one line unreadable - written in with very small scribbling). It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants her said debt of two thousand dollars and damage of four hundred and seventy one dollars and costs that a special fi fa issue against the property attached and general execution as to Defendants J.A. Miller and S.S. Vinton.
p 328.
State of Missouri Plaintiff
vs #1 Selling Goods Without License
Kraft Defendant
Now at this day comes the Defendant and files his petition asking a Change of Venue in this cause to some other County on account the prejudice in the minds of the Judge of Greene County Circuit Court against him whereupon the Court doth award a Change of Venue in this cause to the Circuit Court of Polk County in the 7th Judicial Circuit. Whereupon comes the said Defendant Kraft as principal and J.H. Show as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be levied of their goods and chattels, lands and tenements to be void on condition that the said Kraft shall be and make his personal appearance before the Judge of the Polk Circuit Court at the Court House in Boliver on the fourth Monday in September next and answer said indictment and not depart same without leave.
122
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
July Term 1865
P 328/329
State of Missouri Plaintiff
vs #2 Selling Goods Without License
Kraft Defendant
Now at this day comes the Defendant and files his application for a Change of Venue in this cause to some other Circuit on account of the prejudice in the mind of the Judge of this Court against him whereupon the Court doth award a Change of Venue in this cause to the Circuit Court of Polk County in the 7th Judicial Circuit. Whereupon comes the said Defendant Kraft as principal and J.H. Show as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be levied of their goods and chattels, lands and tenements to be void on condition that the said Kraft shall be and make his personal appearance before the Judge of the Polk Circuit Court at the Court House in Bolivar on the fourth Monday in September next and answer said indictment and not depart same without leave.
p 329.
State of Missouri Plaintiff
vs #3 Selling Goods Without License
Kraft Defendant
Now at this day comes the Defendant and files his motion for a Change of Venue in this cause to some other Circuit on account of the prejudice in the mind of the Judge of this Court against him whereupon the Court doth award a Change of Venue in this cause to the Circuit Court of Polk County in the 7th Judicial Circuit. Whereupon comes the said Defendant Kraft as principal and J.H. Show as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be levied of their goods and chattels, lands and tenements to be void on condition that the said Kraft shall be and make his personal appearance before the Judge of the Polk Circuit Court at the Court House in Bolivar on the fourth Monday in September next and answer said indictment and nOt depart same without leave.
p 330.
James Vaughn Plaintiff
vs Civil Action
L.E. Greene Defendant
Now at this day comes the Defendant and on his application this cause is continued until the next term of this Court at the cost of Defendant and it is ordered that execution issue against the Defendant for the costs of the present term.
Henry Matlock Plaintiff
vs Civil Action
Daniel Payne, David Payne
& John Payne Defendants
Now at this day comes the Plaintiff by leave of Court dismisses this cause as toWilliam Payne, David Payne and Daniel Payne.
John Tennis Plaintiff
vs Civil Action
C.S. Bodenhamer, William Edmonson
& B.H. Edmonson Defendants
Now at this day comes the Defendant by attorney and by leave of Court files their motion to set aside the interlocutory judgment heretofore rendered in this cause and all and singular the premises being seen said motion is sustained and said judgment set aside and leave given Defendants William and B.H. Edmonson to file their answer which was accordingly filed.
123
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 330/331.
Jos. W. Faught Plaintiff
vs Civil Action
C.S. Bodenhamer et al Defendant
Now at this day comes the Defendant by attorney and by leave of Court file their motion to set aside the interlocutory judgment rendered in this cause which said motion is by the Court sustained and said judgment set aside and by leave of Court Defendants William and B.H. Edmonson file their answer in this cause.
State of Missouri to use of
E. Headlee adm A. King Plaintiff
vs Civil Action
H. Fulbright, Henry Sheppard and
Ephraim R. Fulbright Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this Cause - also E. Fulbright. And on application of Defendants this cause is continued until next term at Defendant's costs and it is ordered that Defendants pay the costs of continuance and have execution therefor.
C.W. Goss Plaintiff
vs Civil Action
S.H. Boyd Defendant
Now at this day this cause being called and it appearing that the Defendant is Judge of this Court a Change of Venue is awarded to the Circuit Court of Lawrence County in the 13th Judicial Circuit and the Clerk of this Court ordered to certify the same as the Law directs.
Now at this day comes J.C. Wilbur an attorney at Law and shows to the Court that he has filed in the proper office his oath of loyalty prescribed by the Constitution.
Ordered that Court adjourn until tomorrow morning 9 o'clock S.H. Boyd Cir Judge.
p 332.
July 27th 1865.
Court met pursuant to adjournment. Present as on yesterday.
p 332/333.
State of Missouri Plaintiff
vs Selling Liquor Without License
Ephraim Daniel Defendant
Now at this day comes the Circuit Attorney and also Defendant who for a plea says he is not guilty whereuon comes a Jury viz A.J. Potter, H. Jones, J. Dyer, William Reynolds, F.E. Waterson, Eli Spoon, George Wiley, H.R. Jarratt, J.J. West, J. Richardson, J.D. Bunch and J.J. Campbell, twelve good and lawful men who being duly tried and sworn to try this issue joined having heard the evidence and instructions of Court on their oath say "We the Jury find the Defendant not guilty in manner and form charged." It is therefore considered and adjudged by the Court that the State take nothing by her suit and that Defendant be discharged hereof and go hence without day.
p 333.
McClung Murphy & Co Plaintiff
vs Civil Action
William Perry and John Perry Defendants
Now at this day comes the Plaintiff and it appearing to the Court that the Defendant
(continued)
124
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 333 - (cont)
John Berry cannot be found, it is ordered by the Court that the said Defendant John Perry be notified by publication that the Plaintiff has commenced a Suit against him in the Greene Circuit Court the object of which is to recover judgment against him on a promissory note dated 28 July 1859 due one day after date for six hundred and thirty two 03/100 dollars also on date 28th October 1859 for six hundred dollars with ten percent interest and to forclose mortgage deed to secure the same and that unless he be and appear before said Court at the Court House in Springfield on the first day of the next term of this Court which commences 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 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 it is further ordered that this notice be published for four successive weeks the last insertion at least four weeks before the next term of this Court in the Springfield Journal, a newspaper published in this State.
p 334.
State of Missouri Plaintiff
vs Selling Liquor Without License
James Hays Defendant
Now at this day comes the Circuit Attorney who prosecutes and also C.S. Moss and Presley C. Real, State witnesses, who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be bond of their goods and chattels, lands and tenements to be void on condition that the said C.C. Moss and P.C. Beal shall be and appear before the Judge of the Christian Circuit Court on the second Monday in September next at the Court House in Ozark and testify in the above entitled cause on behalf of the State and n0t depart said Court without leave.
County of Greene in the
State of Missouri Plaintiff
vs #1 Appeal from Probate Court
John M. Wood Defendant
Now at this day the motion to dismiss the appeal in this cause coming on to be heard and all and singular the premises being seen and by the Court understood said motion is sustained and said appeal dismissed, and it is considered by the Court that the Appelee have and recover of and from the Appelant her costs in this behalf expended and that she have execution therefor.
p 334/335.
Greene County Plaintiff
vs #2 Appeal from Probate Court
Kindred Rose Defendant
Now at this day comes the motion to dismiss this appeal in this cause to be heard and all and singular the premises being seen and by the Court understood said motion is by the Court sustained and said appeal dismissed, and it is considered by the Court that the Appelee have and recover of and from the Appelant her costs in this behalf expended and that she have execution therefor.
p 335.
Greene County Plaintiff
vs Appeal From Probate Court
Harriett Smith Defendant
Now at this day the motion to dismiss the Appeal in this cause coming on to be heard and all and singular the premises being seen and by the Court understood said motion is
(continued)
125
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 335 - (cont)
by the Court sustained and said appeal dissmissed and it is considered by the Court that the Appellee have and recover of the Appellant her costs in this behalf expended and that she have execution therefor.
p 336.
Samuel Frankel Plaintiff
vs Civil Action
Eugene Fribourg Defendant
Now at this day come the parties by attorney and having announced ready for trial thereupon came a Jury viz William Reynolds, A.J. Potter, H. Jones, H.R. Jarratt, George Wiley, J.D. Bunch, F.E. Watterson, J.J. Campbell, James Lamberton, J. Richardson, J.J. West and E. Wharton, twelve good and lawful men who being duly elected tried and sworn to try the issue joined having heard the evidence and there not being time to complete the whole thing are discharged under charge of the Court until tomorrow morning 9 o'clock.
p 337.
State of Missouri Plaintiff
against
Hays and Gorman Defendants
Selling Liquor Without Oath and Bond
Now at this day comes the motion to quash the indictment in this cause to be heard and the Court being advised said motion is by the Court sustained and said judgment quashed and it is considered and adjudged by the Court that the State take nothing by her suit and the Defendant be discharged hereof and go hence without day. Whereupon comes the Circuit Attorney and by leave of Court files his Bill of Exceptions in this cause.
Ordered by the Court adjourn until tomorrow morning 9 o'clock. S.H. Boyd Cir Judge
July 28th 1865. Court met pursuant to adjournment. Present as on yesterday.
Samuel Frankel Plaintiff
vs Civil Action
Eugene Fribourg Defendant
Now at this day comes on again the Jury impannelled on yesterday and having heard the evidence and instructions of the Court upon their oath say "We the Jury find the issue for the Plaintiffs and assess his damage at seven hundred and four 65/100 dollars." It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant the said sum of seven hundred and four 65/100 dollars damage as aforesaid and also his costs and that he have execution therefor.
p 338.
State of Missouri Plaintiff
vs #1 Auctioneering Without License
John S. Bigbee Defendant
Now at this day comes the Circuit Attorney and also the Defendant, John Bigbee, as principal and J.H. Show as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $550 to be bond of their goods and chattels lands and tenements to be void on condition that the said John S. Bigbee who is indicted in the Greene Circuit Court for Auctioneering Without License shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof to be holden at the Court House in Springfield on the first Monday in January 1866 and answer said Indictment and not depart said Court without leave.
126
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 338/339.
State of Missouri Plaintiff
vs #2 Auctioneering Without License
John S. Bigbee Defendant
Now at this day comes the Circuit Attorney and also the Defendant, John Bigbee, as principal and J.H. Show as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $550 to be bond of their goods and chattels lands and tenements to be void on condition that the said John S. Rigbee who is indicted in the Greene Circuit Court for Auctioneering Without License shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof to be holden at the Court House in Springfield on the first Monday in January 1866 and answer said Indictment and not depart said Court without leave.
p 338.
Thomas Tiller Plaintiff
vs Civil Action to Foreclose Mortgage
Ishmael Lee, L.L. Whitlock &
J.J. Whitlock 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 copies of petition and summons more than 15 days before the first day of this Court and having failed to plead, answer or demur to Plaintiffs petition the same is taken as true and it being founded on a note and mortgage deed extended by Defendant Ishmael Lee to Plaintiff it is considered that Plaintiff have judgment interlocutory by default but it not appearing to the Court what judgment or relief Plaintiff is entitled to recover, it is ordered that an enquiry be had at the next term of this Court to ascertain the same to which time this cause is continued.
Thomas Tiller, admin
John Adams dec'd Plaintiff
vs Civil Action to Forclose Mortgage
Robert Wills and Sophronia Wills Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the Court that Defendants have been duly notified of the commencement of this suit by copy of petition and writ of summons within 15 days before the first day of this Court and having failed to plead, answer or demur to Plaintiff's petition the same being founded on two promissory notes and mortgage deed to the same. It is considered by the Court that the Plaintiff have interlocutory judgment by default but it not now appearing to the Court what judgment or relief the Plaintiff is entitled to recover it is ordered that an enquiry be had at the next term of this Court to ascertain the same to which time this cause is continued.
p 340.
William A. Campbell & Eli G. Parris Plaintiffs
vs Civil Action
R.B. Coleman Defendant
Now at this day comes the Plaintiff by attorney and file petition suggesting the death of Defendant Coleman and the appointment of Elisha Headlee as admin of his estate and asking that said Elisha Headlee be summoned as original Defendant in this cause. Whereupon the premises being seen and fully understood by the Court it is considered by the Court that said Elisha Headlee, admin, be substituted as Defendant and that a summons with a copy of petition be issued against him as admin aforesaid to appear at the next term of this Court to answer the petition of Plaintiff.
127
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 341.
Charles Layton Plaintiff
vs Civil Action For Slander
Lucinda Stephens Defendant
Now at this day came the parties by their respective attorneys and having announced themselves ready for trial thereupon came a Jury viz D. Headlee, J.A. Appleby, G.M. Laney, W.B. Gregory, H.R. Jarratt, A.G. Potter, G.W. Wiley, J.D. Bunch, F.E. Watterson, J.J. Campbell, J. Lamberton and J.C. Richardson, twelve good and lawful men who being duly elected tried and sworn to try the issue found and taking the oath of Loyalty, Having heard the evidence and instructions of Court on their oath say "We the Jury find the issue for the Plaintiff and assess his damages at one dollar." It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant her said damage of one dollar and also costs of suit and have an execution therefor.
Ordered that Court adjourn until tomorrow morning 9 o'clock.
p 342.
July 29th 1865. Court met pursuant to adjournment. Present as on yesterday.
State of Missouri Plaintiff
vs #1 Selling Liquor Without License
E. Elliott Defendant
Now at this day comes the Circuit Attorney who prosecutes pleas for the State and also Defendant, E. Elliott, as principal and T.D. Hudson as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their goods and chattels, lands and tenements to be void on condition that the said E. Elliott who is indicted in the Greene Circuit Court for Selling Liquor Without License shall be and make his personal appearance before the Judge of the 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 1866 and answer said indictment and not depart said Court without leave.
State of Missouri Plaintiff
vs #2 Selling Liquor Wit hout License
E. Elliott Defendant
Now at this day comes the Circuit Attorney who prosecutes pleas for the State and also Defendant, E. Elliott, as principal and T.D. Hudson as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their goods and chattels, lands and tenements to be void on condition that the said E. Elliott who is indicted in the Greene Circuit Court for Selling Liquor Without License shall be and make his personal appearance before the Judge of the 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 1666 and answer said indictment and not depart said Court without leave.
p 343.
State of Missouri Plaintiff
vs Auctioneering Without License
Oliver H. Scott Defendant
Now at this day comes the Circuit Attorney and also the Defendant who for a plea says he is not guilty whereupon the necessity of a Jury is dispensed with and by agreement a trial is had by the Court sitting as a Jury having heard the evidence doth find that the Defendant is guilty in manner and form charged and doth assess a fine of $500.60 on Defendant for the commiting of the offence. And it is therefore considered
(continued)
128
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 343 - (continued)
and adjudged by the Court that the State have and recover of and from Defendant her said fine of $500.60 and also 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.
Layton Jones and Co Plaintiff
vs Civil Action
Henry Fulbright Defendant
Now at this day comes the Plaintiff and by leave of Court dismisses this suit. It is therefore considered and adjudged by the Court that Defendant have his costs in this behalf laid out and expended and that he have an execution therefor.
p 344.
John G. Roberts Plaintiff
vs Action of Replevin
J.H. Show and Alexander Reed Defendants
Now at this day comes tbe parties by attorney and having announced ready for trial thereupon came a Jury viz W.R. Gregory, F.E. Watterson, George Wiley, Isaac Dyer, Joseph Gott, A.J. Potter, J.J. Campbell,
J. Richardson, D. Headlee, Ensly Wharton, J. Appleby and J.J. West, twelve good and lawful men who being duly elected tried and sworn to try the issue found, having heard the evidence and instructions of Court (the Defendant J.H. Show having by leave of Court his discl_______ as to having any interest in this suit) on their oath say "We the Jury find the issue for the Plaintiff as against Defendant Reed." It is therefore considered and adjudged by the Court that the said Plaintiff have and retain the possession of the property in question and also her costs in this behalf laid out and expended and have execution therefor.
State of Missouri Plaintiff
vs Selling Goods Without License
Charles Jacobs Defendant
Now at this day conies the Defendant by his attorney and files an affidavit for an appeal in this cause to the Supreme Court which is by the Court granted and an appeal awarded to the Supreme Court.
p 344/345
Lucy Acock Plaintiff
vs Civil Action
James Atkison Defendant
Now at this day comes the Plaintiff by attorney and this cause coming on for a final hearing and the said Defendant having failed to plead, answer or demur to Plaintiff's petition the same being founded on a Claim for property delivered to Defendant and the necessity of a Jury being waived the final hearing of the cause is submitted to the Court and the Court sitting as a Jury doth find from the evidence that the Defendant is indebted to the Plaintiff in the sum of $1302 debt and damage and it further appearing to the Court that a writ of attachment was issued from the office of the Clerk of this Court dated 19th July 1864 directed to the Sheriff of Pettis County which was by him on the 24th day of July 1864 levied on the following real estate viz Lots No two, three, four and six in Block No thirty in the town of Sedalia in said County of Pettis. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant her said debt of $1302 and also her costs and that a special execution issue against the property attached directed to the Sheriff of Pettis County.
129
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 345/346.
Fidelio S. Jones adm
Wilson Hackney deceased Plaintiff
vs Civil Action
William C. Price 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 weekly Missouri 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 and it is adjudged that the Plaintiff have judgment by default but it not appearing to the Court the nature or amount of judgment to which Plaintiff is entitled. It is ordered that enquiry be had at the next term to ascertain the same to which time this cause is continued.
Joseph S. Moss, surviving partner
of James S. Moss & Co. Plaintiff
vs Civil Action
S. Brady Dickinson and Margaret
Dickinson, his wife, H. Sheppard
and John S. Kimbrough Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the Court that the Defendants S.B. Dickinson and Margaret Dickinson have been duly notified by publication of the commencement of this suit for four successive weeks in the weekly Missouri Patriot the last insertion at least four weeks before the first day of this Court and that the Defendants H. Sheppard and J.S. Kimbrough have served with copy of writ and petition and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and it is considered by the Court that Plaintiff have judgment by default but it not appearing what the nature or amount of judgment Plaintiff is entitled. It is ordered that enquiry be had at the next term of this Court to ascertain the same to which time this cause is continued.
Ordered that Court adjourn until 9 a.m. Monday morning. S.H. Boyd Circuit Judge.
p 347.
July 31st 1865. Court met pursuant to adjournment. Present as on Saturday.
Henry Matlock
vs Sheriff's Deed to J.W. Peacher et al
S. Fulbright and B.W. Cannefax
Now at this day comes J.A. Patterson Sheriff of Greene County and presents a deed made by him as Sheriff to J.H. Peacher, B. Ingram and S.S.P. Ingram for the following real estate viz the W1/2 of SE1/4 Section 27 Township 29 Range 22 except thirty three off the North end of alying and being in Greene County, Missouri and sold under an execution in the above entitled cause and the said Patterson acknowledged that he executed and delivered the same for the uses and purposes therein contained.
F.S. Jones
vs Sheriff's Deed to O.H. Scott
John H. Price
Now at this day comes J.A. Patterson Sheriff of Greene County and presents a deed made by him as Sheriff to O.H. Scott for SE1/4 SE1/4, NE1/4 SE1/4 Section 13 Township 29 Range 20 which was sold by virtue of an execution in the above entitled cause and the said Patterson acknowledged that he executed and delivered the same for the uses and purposes therein contained.
130
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 347.
Ira Fulton
vs Sheriff's Deed to Ira Fulton
Samuel T. Tillman
Now at this day comes J.A. Patterson Sheriff of Greene County and presents a Deed made by him as Sheriff to Ira Fulton for the following real estate viz W1/2 Lot Two NW fcl 1/4 Section 30 Township 28 Range 20 sold under an execution in the above entitled cause and the said J.A. Patterson acknowledged that he executed and delivered the same for the uses and purposes therein contained.
p 347/348.
Ira Fulton
vs Sheriff's Deed to J.H. Woody
Samuel T. Tillman
Now at this day comes J.A. Patterson Sheriff of Greene County and presents a Sheriff's Deed made by him to John H. Woody for the following real estate viz NW1/4 NW1/4 Section 5 Township 28 Range 21 sold under and by virtue of an execution in the above entitled cause and the said J.A. Patterson acknowledged that he executed and delivered the same for the uses and purposes therein contained.
p 348.
McClurg, Murphy and Co Plaintiff
vs Sheriff's Deed for J.A. McConnell
Thurman and Ramey
Now at this day comes J.A. Patterson Sheriff of Greene County and presents a Sheriff's Deed made by him to J.A. McConnell for the following real estate viz NW1/4 Section 34 Township 29 Range 23 sold under and by virtue of an execution in the above entitled cause and the same J.A. Patterson acknowledged that he executed and delivered the same for the purposes therein contained.
J.N. Wilson
vs Sheriff's Deed to J.N. Wilson
Nimrod Ford
Now at this day comes J.A. Patterson Sheriff of Greene County and presents a Sheriff's Deed made by him to J.N. Wilson for the following real estate viz E1/2 NE1/4, E1/2 SE1/4 Section 31 and S1/2 NW1/4, NW1/4 SW1/4 Section 32 Township 31 Range 24 and the said J.A. Patterson acknowledged that he executed and delivered the same for the uses and purposes therein contained.
J.F. Robertson
vs Sheriff's Deed to J.F. Robertson
C.T. Tatum
Now at this day comes J.A. Patterson Sheriff of Greene County and presents a Sheriff's Deed made by him to J.F. Robertson for the following real estate viz SW1/4 of SW1/4 Section 16 Township 30 Range 22 sold by virtue of an execution in the above entitled cause and the said J.A. Patterson acknowledged that he executed the same for the uses and purposes therein contained.
p 348/349.
Lucy Acock Plaintiff
vs Civil Action
Benjamin Atkison Defendant
Now at this day comes the Plaintiff by attorney and this cause coming on for a final hearing and the Defendant having failed to show cause why the interlocutory judgment
(continued)
131
GREENE COUNTY, MISSOURI CIRCUIT. COURT CASES
BOOK G
JULY TERM 1865
p 348/349 (continued)
should be set aside and the same being submitted to the Court the Court sitting as a Jury doth find from the evidence adduced that Defendant is indebted to Plaintiff in the sum of $1302 for property delivered unto Defendant by Plaintiff and whereas the credits of said Defendant Benjamin Atkison in the hands of B.F. Acock were on the third day of June 1864 by the Sheriff of Greene County attached and whereas on the 19th July 1864 a Writ of Attachment was issued from the Clerk's Office of the Court in favor of Plaintiff and against Defendant directed to the Sheriff of Pettis County and by him on the 24th July 1964 levied on Lots No Two, Three, Four and Six, Block Thirty, in the town of Sedalia. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendant her said debt of $1302 and also costs to be levied on the said attached property and such credits as may be found in the hands of said Benjamin F. Acock and that special executions issue therefor.
p 349.
Warren H. Graves Plaintiff
vs Civil Action
William C. Price Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant is a nonresident of this State. It is ordered that he be notified by publication of the commencement of this suit which is brought to obtain judgment against him for $252.46 for money paid for him to the Bank of Missouri that unless he be and make his application before the Judge of the Greene Circuit Court at the Court House in Springfield on the first day of the next term thereof to be holden 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 it shall so long continue if not then before the end of the term) the same will be taken as true judgment rendered against him and his property which has been attached sold to satisfy the same and it is further ordered that this notice be published in the weekly Missouri Patriot for four successive weeks the last insertion at least four weeks before the first day of the next term.
p 349/350.
John S. Holland Plaintiff
vs Civil Action
John Robinson Defendant
Now at this day comes the Plaintiff by attorney and the said Defendant having heretofore filed his answer to the Plaintiff's petition from and by which the issue between Plaintiff and Defendant is brought before the Court and the necessity of a Jury having been dispensed with the Court sitting as a Jury heard the evidence adduced doth find that the Plaintiff has sustained damage from Defendant in the sum of $1500. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $1500 and also costs of suit and that he have an execution therefor.
p 350.
Joseph Gott and Joseph Burns
vs Sheriff's Deed to R.B. Owen
A.B. Smith
Now at this day comes J.A. Patterson Sheriff of Greene County and presents a Deed made by him to R.B. Owen for the following real estate viz W1/2 Lot 2 NE fcl 1/4 Lot 3 NE fcl 1/4 E1/2 Lot 4 fcl 1/4.Lot 3 NW fcl 1/4 Lot 4 all in Section 1, E1/4 Lot 3 NE fcl1/4 W1/2 Lot 5 NE fcl 1/4 Section 2 W1/2 SE1/4 Section 12 all in Township 29 Range 22, sold under and by virtue of executions in the above entitled cause and the said Patterson acknowledged that he executed and delivered the same for the uses and purposes therein contained.
132
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