Springfield-Greene
County LibraryJuly Term 1866.
Book G
p 769.
State of Missouri Plaintiff
vs Grand Larceny
William McCrory Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and also the Defendant in person and by attorney and being duly arraigned said Defendant for a plea says he is guilty in manner and form charged and puts himself on the mercy of the Court and further says that he is under the age of sixteen years and the Court being fully satisfied that the said Defendant is under the ageof sixteen years, it is considered and adjudged by the Court that the Defendant be imprisoned in the County Jail for the period of six months. It is therefore considered and adjudged by the Court that said Defendant be imprisoned in the County Jail of Lawrence County for a period of six months from the time of this sentence; that the State have and recover of and from the Defendant her costs in this behalf expended and that she have an execution therefor.
p 770.
William H. Henslee Plaintiff
vs Civil Action
Francis M. Fulbright 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 pending of this suit by publication in the Weekly Springfield Journal for four successive weeks the last insertion being at least four weeks before the first day of the present term of this Court and the said Defendant having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and it is considered by the Court that the Plaintiff have an interlocutory judgment and it not appearing to the Court what amount or relief Plaintiff is entitled to recover, it is ordered that an inquiry be had on the sixth day of the next term of this Court to ascertain what judgment Plaintiff is entitled to have and this judgment be made final to which time this cause is continued.
David Fulbright Plaintiff
vs Civil Action
Charles Carlton 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 pending 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 present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed but it not appearing to the Court herein the amount of judgment to which Plaintiff is entitled, it is ordered that inquiry be had on the sixth day of the next term of this Court to ascertain the same and that this cause be continued until next term.
p 770/771.
Ezekiel M. Campbell Plaintiff
vs Civil Action
William A. Campbell, William H. Henslee
as admin Jabez Owen, deceased,
Sarah R. Owen, widow of Jabez
Owen, dec'd, Mary F. Owen, Felix
Owen, Sarah L. Owen and
John J. Owen Defendants
Now at this day comes the Plaintiff by attorney and H.J. Lindenbower is by the Court appointed guardian ad litem of Mary F. Owen, Felix G. Owen and Sarah L. Owen, minor heirs of Jabez Owen, deceased. And it appearing to the Court that the said Defendant
(continued)
168
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 770/771 (cont)
William A. Campbell and Sarah R. Owen has been duly notified by publication in the weekly Springfield Journal, a newspaper published in this State for four successive weeks the last insertion at least four weeks before the present term of this Court, and the said W.H. Henslee had been personally served with copy of petition and within fifteen days before the term, of the pending of this suit 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 said Plaintiff have an interlocutory judgment against the said Defendants so notified, but it not appearing to the Courtherein nature or amount of judgment the Plaintiff is entitled to. It is ordered that an inquiry be had on the sixth day of the next term to ascertain the same at which time this judgment be made final to which time this cause is continued.
p 771.
Joseph W. McClurg, William D. Murphy,
Marshal W. Johnson, Henry A. Massey &
Edward D. Forbes, patrons in trade doing
business under the firm name of McClurg,
Murphy and Co. Plaintiffs
vs Civil Action
William Perry and John W. Perry, a firm
doing business under the firm name of
William Perry & Bro Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants cannot be served with ordinary process of Law. It is therefore ordered by the Court that the Defendants be notified by publication that the Plaintiffs have commenced a suit against them in the Greene Circuit Court by petition the object of which is to obtain judgment against them on two promissory notes, one for $692.03 dated 28th July 1859, the other for $600 dated 28th October 1859, both bearing 10% interest and that judgment to foreclose a mortgage deed for S 1/2 NE 1/4 and SW 1/4 NE 1/4 and NE 1/4 NE 1/4 all in Section 13 Township 30 Range 22 West given to same said notes and that unless the Defendants be and appear before the Greene Circuit Court on the first day of the next term thereof and plead, answer or demur to Plaintiff's petition on or before the sixth day if the term of 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 by the Court that this notice be published in the Springfield Journal for four successive weeks, the last insertion at least four weeks before the first day of the next term of said Court.
p 772.
State of Missouri Plaintiff
vs Running Horse on Road
James Swift Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who for a plea says he is not guilty, whereupon the cause is submitted to the Court , the necessity of a Jury being waived, and the Court having heard the testimony adduced doth find that the Defendant is 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 the Defendant be discharged hereof and go hence without day.
Warren H. Graves Plaintiff
vs Civil Action
William C. Price Defendant
(continued)
169
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 772 (cont)
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant has been duly notified of the pending of this suit by publication in the Missouri Weekly Patriot, a newspaper published in this State for four successive weeks the last insertion at least four weeks before the present term of this Court and no cause having been shown why the interlocutory judgmentheretofore rendered should be set aside this cause comes on for a final hearing and the necessity of a Jury being waived the same is submitted to the Court and the Court doth find from the evidence that Defendant is indebted to Plaintiff in the sum of $301.25 for money paid by Plaintiff as security for Defendant. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $301.25 and also costs and it further appearing to the Court that a Writ of Attachment was issued in this cause and by the Sheriff of Greene County levied on the following real estate Lots No 1,2,3 & 4 in Block 1 and Lots 1,2,3 & 4 in Block 2, and also Lots 1,2,3 & 4 in Block 3, also Lots 1,2.3 & 4 in Block 4 in Price's Addition to Springfield. It is ordered that a special fi fa issue against the aforesaid real estate and that the same be sold to satisfy this judgment.
p 773.
Milton Birch Plaintiff
vs Civil Action
John McElhaney 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 pending of this action by personal service with copy of Writ and Petition more than 15 days before the present term of this Court and having neither plead, answered nor demurred to Plaintiffs petition and the same being founded on an instrument of writing signed by Defendant, the Court doth find that the Defendant is indebted to Plaintiff in the sum of $53 debt and damages. It is therefore adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage of $53 and also costs that this judgment bear 10% interest and that execution issue therefor.
W.H. Henslee Plaintiff
vs Civil Action
Joseph M. Carthal 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 pending 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 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 considered that Plaintiff have interlocutory judgment by default, but it not appearing to the Court what nature or amount of judgment the Defendant is entitled to, it is ordered that an inquiry be had on the sixth day of the next term of this Court to ascertain the same to which time this cause is continued.
A. Cohen
vs Civil Action Answer of Garnishee
F. Klotz et al
Now at this day it is ordered by the Court that H. Skeen be allowed $10 as a fee for answering interrogatories in this cause and that he have an execution therefor against said Plaintiff.
170
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 774.
A. Cohen
vs Civil Action Answer of Garnishee
F. Klotz et al
Now at this day it is ordered by the Court that James S. McQuerter garnishee in this cause be allowed the sum of $10 for fee in answering garnishment in this cause and that he have an execution therefor against said Plaintiff.
A. Cohen
vs Civil Action Answer of Garnishee
F. Klotz et al
Now at this day it is ordered by the Court that J.G. Aumoth garnishee in this cause be allowed the sum of $10 for fee in answering garnishment in this cause and that he have an execution therefor against said Plaintiff.
p 775/776.
William F. Langston Plaintiff
vs Civil Action For Partition Real Estate
Jackson P.C. Langston, son of
G.W. Langston, Jackson P.C.
Langston son of J.P.C. Langston,
Byron H. Langston, Howard R.
Langston & Henrietta A. Langston Defendants
Now at this day comes the Plaintiff by attorney as also the Defendants by their attorney and the answer of the said Defendants having admitted the facts stated in Plaintiff's petition to be true and consenting for this cause to have a final hearing at this term of Court the same is submitted to the Court. The Court from an examination of the petition of Plaintiff and the answer of Defendants to find that the said Defendants and Plaintiff are heirs of Jackson P.C. Langston, now deceased, and that as such heirs they together with Mary E. Langston who is intermarried with Thomas H. Anderson and Martha A. Langston now intermarried with one William West also heirs of said J.P.C. Langston, deceased, are entitled to the following real estate as an estate of inheritance from the said J.P.C. Langston, deceased, viz SE 1/4 Section 29 and 29 rods wide off of East side of SW 1/4 Section 29 and NE 1/4 of NE 1/4 and W 1/2 of NE 1/4 and 29 rods wide cut off of the East side of the NW 1/4 of Section 32 and W 1/2 of NE 1/4 of SE 1/4 and NW 1/4 of SE 1/4 and SE 1/4 of SE 1/4 Section 32 N 1/2 of SW 1/4 of Section 28 and SE 1/4 of SW 1/4 and SW 1/4 of SE 1/4 of Section 33 all in Township 29 Range 21W. The Court doth further find that the said William W. Langston has become the purchaser of and is entitled to that portion of said real estate duending to Martha West formerly Martha Langston and William West her husband and is entitled to a one-fourth interest in said real estate. The Court doth further find that since the death of Jackson P.C. Langston his son George W. Langston died intestate leaving as his only heir and child Jackson P.C. Langston who in right of his father is entitled to one-eighth interest in said real estate. The Court doth further find that Mary E. Anderson, formerly Mary E. Langston and Thomas H. Anderson her husband did by deed convey their interest in said real estate to Jackson P.C. Langston Jr., Byron B. Langston, Howard R. Langston and Henrietta A. Langston being one-fourth of one-eighth interest which makes their entire interest in said real estate one-eighth and one-fourth of one-eighth each. The Court doth further find that the amount and character of said real estate and the several interests therein are such that partition in kind cannot be made without great prejudice to the parties interested. It is therefore ordered and adjudged and decreed by the Court that the Sheriff of Greene County sell said real estate as the Law directs at public venden at the Court House door in Springfield during the next term of this Court, for cash in hand and that he pay to
(continued)
171
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 775/776 (cont)
each of the parties, Plaintiffs and Defendants their respective shares as herein set forth after deducting the costs and expenses herein expended and that the Sheriff make report of his proceedings to this Court.
p 766.
Ordered that Court adjourn until tomorrow morning 8 o'clock.
R.W. Fyan Cir Judge
p 777. August 1st
Court met pursuant to adjournment. Present as on yesterday.
S.M. Brown et al
vs Civil Action
Ancil Lawson
Now at this day comes the parties by attorney 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 Circuit Court of Lawrence County and that the Clerk of this Court certify the record and original papers to said Court as the Law directs.
State of Missouri Plaintiff
vs Grand Larceny
John W. Estes Defendant
Now at this day comes Hopkins, witness on part of the State and acknowledges himself to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be levied of his goods and chattels, lands and tenements to be void on condition that he be and appear before the Judge of the Greene Circuit Court at the Court House in Springfield on the first day of the next term which commences on the third Monday in January 1867 and testify in the above entitled cause and not depart said Court without leave.
p 778.
State of Missouri Plaintiff
vs Selling Liquor on Sunday
James Hayes Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant and being ready for trial the said Defendant pleads not guilty and a Jury being waived this cause is submitted to the Court. And the Court sitting as a Jury having heard the evidence adduced doth find that the Defendant is not guilty. It is therefore considered and adjudged by the Court that the State take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.
p 779.
M.J. Hubble Plaintiff
vs Civil Action
James Vaughn & M.M. McClure Defendants
Now at this day comes the parties by attorney and having announced ready for trial thereupon came a Jury viz M. Putman, P.G. Wise, Asa Lyman, Francis Evans, Jas.Patterson, Robt Pate, J. Adams, John Samy , J.A. Roult, W.D. Sparkman, G.D. Wiley, A.J. Potter, twelve good and lawful men who being duly elected tried and sworn as the Law requires having heard a portion of the evidence and there not being time to com
plete the same, the Jury are discharged under instructions of the Court until 9 o'clock tomorrow.
172
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 780.
James Fagg, Henry Sheppard,
John S. Kimbrough, under name
and Style of J. Fagg & Co Plaintiffs
vs Civil Action
J.L. French Defendant
Now at this day comes the parties by attorney and having announced ready for trial thereupon came a Jury viz Daniel Chandler, R.Q. Banfield, P. Cantrel, A. Fisher, William Robertson and Allen Biggs, six good and lawful men who by consent of parties are sworn to try the issue joined and having heard the evidence on their oath say "We the Jury find the issues for the Defendant." It is therefore considered and adjudged by the Court that the Plaintiffs take nothing by this suit and that the Defendant have and recover of and from Plaintiffs his costs in this behalf expended and have execution therefor.
Doctor S. Pearce Plaintiff
vs Civil Action
William Jackson & Norville Davis Defendants
Now at this day comes the Plaintiff by his attorney and this cause coming on for a final hearing and it appearing that the Defendant has been duly notified of the pending of this suit by publication in the Missouri Weekly Patriot for four successive weeks the last insertion at least four weeks before the first day of the last term of this Court and having neither plead, answer or demurred to Plaintiff's petition the same is taken as confessed and neither party requiring a Jury the cause is submitted to the Court, and the Court sitting as a Jury and having heard the evidence doth find that the Defendants are indebted to the Plaintiff on account of damage by him sustained in the sum of $300. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants the said sum of $300 and also costs of suit and that he have an execution therefor.
R.Q. Banfield Plaintiff
vs Civil Action
John Daniels 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 any cause why the interlocutory judgment heretofore rendered should be set aside, the cause is submitted to the Court and the Court having heard the evidence doth find that the Plaintiff has sustained from Defendant damage to the amount of $175. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $175 and also costs of suit and that the money in hands of the Sheriff received on sale of property ordered to be sold be paid to Plaintiff which if not sufficient to satisfy Plaintiff demand he have execution for residue.
p 781.
Theodora Smith, Eliza E. Weaver and
E.S. Weaver her husband, Sarah
Smith by Harriett Smith her guardian Plaintiffs
vs Civil Action for Partition
Charles Clark & Jennie Clark his wife,
D.C. Smith, P.R. Smith, A.B. Smith,
H.J. Lindenbower & Bank of Missouri Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that P.R. Smith and Oscar B. Smith are nonresidents of this State. It is ordered by the Court
(continued)
173
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 781 (continued)
that said P.R. and O.B. Smith be notified by publication that suit has been commenced against them by petition in the Greene Circuit Court the object of which is to obtain judgment of partition and sale of the real estate belonging to said parties Plaintiff and Defendant as heirs and distributes of N.R. Smith, deceased and that unless they be and appear before the Judge of the Greene Circuit Court on the first day of the next Term thereof which commences at the Court House in Springfield on the third Monday in January 1867 and plead, answer or demur to Plaintiff's petition on or before the sixth 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 advise interest accordingly and it is further ordered that said notice be published in the Southwest Union Press 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 781/782.
John Carney & Absalom Blythe Plaintiffs
vs Civil action
Reuben Carter, John R. Williams
Baker Russell & Charles J. Price Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court (one line mostly missing at bottom of page) and it appearing to the Court that the said Defendants, Williams and Russell have been duly served with copy of Writ more than 15 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 same being founded on an instrument of writing signed by Defendants, the Court from an examination of the same doth find that the Defendants are indebted to Plaintiffs in sum of twelve hundred and fifty dollars debt and six hundred and thirty five and 41/100 dollars damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from said Defendants the said sum of twelve hundred and fifty dollars debt and six hundred and thirty five dollars and 41/100 damage and also his costs, that this judgment bear 10% and that execution issue therefor.
p 782/783.
William A. Campbell & Eli G. Parris
admin of John Young, deceased Plaintiffs
vs Civil Action on Mortgage
Elisha Headlee, admin of estate of
Richard B. Coleman, deceased Defendant
Now at this day comes this cause on for a final hearing and it appearing to the Court that an interlocutory judgment had heretofore been rendered in this cause against said R.B. Coleman, now deceased, during his lifetime at the July Term of this Court A.D. 1864, and it further appearing that the said Elisha Headlee is the Public Administrator having in charge the estate of said R.B. Coleman, deceased and that he as such admin had been duly notified of this suit and substituted as Defendant therein and he having failed to show to the Courthere any cause why said judgment interlocutory should be set aside the inquiry heretofore is had before the Court sitting as a Jury, the necessity of a Jury being waived. And the Court having heard the evidence adduced, doth find that the said Defendant was in his lifetime indebted to Defendants in the sum of fifteen hundred dollars debt and that the damage by way of interest thereon is five hundred and eighty three dollars and the Court doth further find that on the 11th day of September A.D. 1860 this said R.B. Coleman executed to the said Plaintiff William A. Campbell and John Young (who is now deceased and the said Eli G. Parris is acting as administrator of his said Young's estate) a deed of trust in the nature of a
(continued)
174
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
Mortgage Deed the debt and interest aforesaid on the following described real estate viz E 1/2 Lot 4 SE 1/4 Section 2 Township 29 Range 22 and SW 1/4 NW 1/4 of SE 1/4 Section 11 Township 29 Range 22 also a part of Lot No 36 in Block No 10 in the City of Springfield beginning at the SE corner of said Lot on South Street running North 40 feet, West 22 feet, South 40 feet thence East 22 feet to the beginning. It is therefore considered and adjudged by the Court that said Plaintiffs have and recover of and from the estate of the said R.B. Coleman deceased the sum of fifteen nundred dollars debt and five hundred eighty three dollars damage and also costs and that the real estate aforesaid mortgaged as aforesaid be sold and redemption therein foreclosed and that this judgment be by the Clerk of this Court certified to the probate and common pleas Court of Greene County and that the judgment herein rendered be carried into effect by said Elisha Headlee, public administrator having in charge said estate, and that he make report of his proceedings therein to said Court.
p 783.
Ordered that Court adjourn until tomorrow morning 9 o'clock.
R.W. Fyan Cir Judge
Thursday August 2nd 1866
Court met pursuant to adjournment. Present as on yesterday.
M.J. Hubble
vs Civil Action
James Vaughn & M.M. McClure
Now at this day again come the parties as also the Jury impannelled in this cause and having heard a portion of the evidence and there not being time to complete the same the said Jury are permitted to disperse under charge of the Court until tomorrow morning 9 o'clock.
p 784.
Continuances to next session:
E.D. Campbell admin L.C. Campbell vs L.A. Campbell
R.L.Z. Ingram vs Cannefax et al
J.W. Langston vs D. Wolf et al
McClurg Murphy and Co vs J.H. Kelley et al
J.W. & Juliet Peacher vs Cannefax et al
Landon Neil vs Nathaniel Anderson.
p 785.
Continuances
Lucy Watson vs James Watson
_____ Hill vs R.B. Owen
p 786.
McClurg and Carson Plaintiffs
vs Civil Action
B.F. Acock Defendant
Now at this day 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 Circuit Court of Lawrence County and that the Clerk of this County certify the record and original papers in this Cause to said Court as the Law requires.
175
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 786.
H.C. Young vs J.F. Oneal Cause continued.
State of Missouri Plaintiff
vs Grand Larceny
John W. Hall Defendant
Now at this day comes John W. Hall as principal and Daniel Chandler as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of five hundred dollars to be levied of their goods and chattels, lands and tenements to be void on condition that the said John W. Hall who stands indicted in the Greene Circuit Court for Grand Larceny shall be and make his personal appearance before the Judge of said Court on the first day of the next term thereof which commences at the Court House in Springfield on the third Monday in January 1867 and answer said Indictment and not depart said Court without leave.
McClurg Murphy and Co
vs Civil Action
John W. Hancock
Now at this day comes the Defendant by his attorney and by leave of Court files his motion to set aside the interlocutory judgmentheretofore tendered in this Court.
Leander Neil
vs Civil Action
N.B. Anderson
Now at this day comes the Defendant by attorney and by leave of Court files his motion to require Plaintiff to find surety for costs in this cause.
M.J. Hubble
vs Civil Action
James Vaughn et al
Now at this day comes the Plaintiff by attorney and files his motion to exclude evidence offered in this cause.
p 787.
Bank of Missouri Plaintiff
vs Civil Action
A.F. Ingram Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause whereupon it is adjudged the Defendants have of Plaintiff their costs expended and that they have an execution therefor and Plaintiff have leave to withdraw the instrument sued on by leaving a certified copy.
Bank of Missouri Plaintiff
vs Civil Action
W.H. Henslee admin Defendant
Now at this day comes the Plaintiff and dismisses this cause wherefore it is considered by the Court that the Defendant recover of Plaintiffs his costs that he have an execution therefor and that Plaintiff have to withdraw the instrument sued on by leaving a copy.
Bank of Missouri Plaintiff
vs Civil Action
William H. Frazier et al Defendant
(continued)
176
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 787 (continued)
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause wherefore it is considered by the Court that the Defendant recover of Plaintiffs his costs that he have an execution therefor and that Plaintiff have to withdraw the instrument sued on by leaving a copy.
Bank of Missouri Plaintiff
vs Civil Action
James G. Adams et al Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause wherefore it is considered by the Court that the Defendant recover of Plaintiffs his costs that he have an execution therefor and that Plaintiff have to withdraw the instrument sued on by leaving a copy.
p 788.
Ordered by the Court that P.C. Roberts be permitted to sign the Roll of Attorneys.
J.J. Hankins Plaintiff
vs Partition
_______Hawkins Defendant
Now at this day comes the Commissioners appointed by this Court to make partition in this cause as this report heretofore filed by them is by the Court approved and it is considered and adjudged by the Court that the rights of the said parties and the parcels of land assigned to each in said report be vested in said parties as therein set forth and it is further considered by the Court that where any difference of valuation may exist in any of said assigned lots of land that those having the most valuable shall be held to have received as advancement such excess of value and it is further ordered that H.J. Lindenbower attorney be allowed seventyfive dollars as attorney fee and that the costs and expenses of this proceeding be paid out of the personal estate of Abraham Hankins deceased by the executor of deceased.
Elisha Headlee, Public Admin of
Greene County, having in charge
estate of Stephen Darral Plaintiff
against Civil Action
George W. Darrall Defendant
Now at this day this cause coming on to be heard and the said Defendant having failed to show cause why the interlocutory judgmentheretofore rendered should be set aside this cause comes on to be heard by the Court sitting as a Jury, and from the evidence adduced the Court doth find that the Defendant is indebted to Plaintiff as public administrator having in charge the estate of Stephen Darral deceased in the sum of $3735.34 debt and damage. It is therefore considered and adjudged by the Court that the Plaintiff as admin as aforesaid have and recover of and from Defendant the said sum of $3735.34 and also costs of suit that this judgment bear 10% interest and that execution issue thereon.
Ordered that Court adjourn until tomorrow morning 9 o'clock.
p 789. August 3rd 1866
Court met pursuant to adjournment. Present as on yesterday.
177.
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 789.
State of Missouri Plaintiff
vs Perjury
Stephen Blackman Defendant
Now at this day the application for a Change of Venue in this cause coming on to be heard, said application is granted and a Change of Venue awarded to the Circuit Court of Polk County and it is ordered that the Clerk of this Court certify the Record to said Court as the Law directs.
State of Missouri Plaintiff
vs Perjury
Stephen Blackman Defendant
Now at this day comes Stephen Blackman as principal and J.T. Campbell as his security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of five hundred dollars to be bond of their goods and chattels, lands and tenements to be void on condition that the said Stephen Blackman who has been indicted by the Grand Jury of Greene County for Perjury and has taken a Change of Venue to the Circuit Court of Polk County shall be and make his personal appearance before the Judge of the Circuit Court of Polk County on the first day of the next term thereof which commences at the town of Bolivar on the first Monday in September next and answer said Bill of Indictment and not depart said Court without leave.
State of Missouri Plaintiff
vs Forfeited Recognizance
W.F. Simpson et al Defendants
Now at this day comes Martha A. Patterson and by attorney and by leave of Court files their rnotion to set aside and vacate the judgment rendered in this cause on the forfeited recognizance.
p 790.
State of Missouri Plaintiff
vs Perjury
Stephen Blackman Defendant
Now at this day comes A.B. Matthews and Francis Evans, witnesses on part of the State who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of fifty dollars each to be bond of their goods and chattels, lands and tenements to be void on condition they be and make their personal appearance before the Judge of the Polk Circuit Court on the first day of the next term thereof which commences at the Court House in Bolivar on the first Monday in September next and testify in the above entitled cause and not depart said Court without leave.
State of Missouri Plaintiff
vs Perjury
Albert S. Stanley Defendant
Now at this day comes the application for a Change of Venue in this cause on to be heard and the Court being advised said application is granted and a Change of Venue awarded to the Circuit Court of Polk County and it is ordered that the Clerk of this Court certify the record in the cause to said Court as the Law directs.
State of Missouri Plaintiff
vs Perjury
Albert S. Stanley Defendant
Now at this day comes the said Albert S. Stanley as principal and John H. Caynor as
(continued)
178
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 790 (continued)
Security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of five hundred dollars to be levied of their goods and chattels lands and tenements to be void on condition that the said Albert S. Stanley who has been indicted in the Greene Circuit Court for perjury and has taken a Change of Venue to the Circuit Court of Polk County shall be and make his personal application before the Judge of the Polk Circuit Court on the first day of the next term of said Court which commences at the Court House in Bolivar on the first Monday in September next and answer said Bill of Indictment and not depart said Court without leave.
p 791.
Salvadore D. Philips Plaintiff
vs Civil Action
Joseph S. Thompson &
Franklin A. Thompson Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court files his petition verified by affidavit by which it appears that the Defendants are nonresidents of this State. It is therefore ordered by the Court that the said Defendants be notified that the Plaintiff has commenced suit against them in the Greene Circuit Court by petition and attachment wherein he asks judgment for $150 and interest thereon at 10% from the 25th December 1860 founded on a note given by Defendants to T.G. Barham and that unless he be and appear before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences on the third Monday in January 1867 and plead, answer 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 judgment rendered against him and his property which has been attached sold to satisfy the same. And it is further ordered that the said notice be published in the weekly Springfield Journal for four successive weeks the last insertion at least four weeks before the first day of the next Term of this Court.
State of Missouri Plaintiff
vs Felonious Assault
J.M. Grantham Defendant
Now at this day comes the Circuit Attorney and it appearing that the Grand Jury had failed to return a True Bill in this cause. It is ordered by the Court that the Defendant and his Securities John W. Grantham and Geo. Cooper be discharged from their said recognizance and go hence without day.
p 792.
E. Philips Plaintiff
vs Civil Action
Benjamin Johnson Defendant
Now at this day comes the Plaintiff by attorney and this cause coming on for a final hearing and it appearing to the Court that the Defendant has failed to Show cause why the interlocutory judgmentheretofore rendered should be set aside and inquiry is had before the Court, a Jury having been waived, and the Court sitting as a Jury doth find from the evidence adduced that the said Plaintiff has sustained damage from said Defendant in the sum of four hundred dollars. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant the said sum of four hundred dollars and also his costs laid out and expended and have execution therefor.
179
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 792/793.
Bank of Missouri Plaintiff
vs Civil Action
Patrick R. Smith & Dewitt C. Smith Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant, D.C. Smith, has made his personal appearance in this Court and it further appearing to the Court that the said P.R. Smith has been duly notified of the pending of this suit by publication in the Weekly Springfield Journal for four successive weeks the last insertion at least four weeks before the present term. And the said Defendants having failed to make sufficient answer to Plaintiff's petition and the same being founded on an instrument in writing signed by Defendants the Court doth find from an examination of the same that the Defendants are indebted to Plaintiff in the sum of twenty nine hundred and forty 40/100 dollars debt and four hundred and forty four dollars damage. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendants her said debt and damage and also costs. And it further appearing that a Writ of Attachment was issued by theClerk of this Court in this cause to the Sheriff of Newton County which was by him bond on the following real estate viz a part of the NW 1/4 of Section 19 in Township 25 Range 31 beginning at the South boundary line of said 1/4 Section at a point 54 poles East of SW corner of said 1/4 Section, thence due East 28 poles, thence North 38 degrees, East 40 poles, thence North 74 poles, thence East 38 poles, thence North to the Section line on the North boundary of said 1/4 Section, thence East with said line to the NE corner of said 1/4 Section, thence South to the SE corner of said 1/4 Section, thence West to the place of beginning. And also a Writ of Attachment to the Sheriff of Greene County, which was by him levied upon personal property of said P.R. Smith viz three ledges and one day book. It is therefore ordered by the Court that a special fi fa issue to the Sheriff of Newton County and the real estate aforesaid be sold and that the personal property aforesaid be placed in the hands of a r____ and provided with according to Law.
p 793.
William J. McDaniel Plaintiff
vs Action for Correction of Deed
Thomas A. Reed, former Sheriff Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his answer to Plaintiff's petition by which he acknowledges the facts stated in Plaintiff's petition to be true and brings into Court a Corrected Deed made in accordance with the record and facts in this case and asks to be permitted to acknowledge the same and the Court being advised it is ordered that the corrections asked by Plaintiff be made and that the Defendant as former Sheriff of Greene County acknowledge the Deed so made.
William Massey
vs Sheriff's Deed to W.J. McDaniel
Jas M. Carthal
Now at this day comes T.A. Reed who is known to the Court as the former Sheriff of Greene County and presents a corrected deed made by him to W.J. McDaniel for W 1/2 NW 1/4 and W 1/2 SW 1/4 Section 15 and E 1/2 NE 1/4 and E 1/2 NE 1/4 and S 1/2 SE 1/4 Section 6 all in Township 28 Range 22W sold by virtue ofexecution in the above and other entitled causes and the said T.A. Reed acknowledged that he executed and delivered the same as his voluntary act and did for the purposes therein stated.
180
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 793/794.
Alson Burney, as Curator of
William Burney, Christopher C.
Burney, John F. Burney, James R.
Burney & Benjamin H. Burney, minor
heirs of Louisa M. Burney, deceased expartee
Now at this day this cause coming on for a final hearing and the Court having heard the testimony adduced doth find that it will be beneficial to said minor heirs that the real estate heretofore described and mentioned in Plaintiff's petition be sold and the proceeds thereof reinvested or put to the best advantage of Said heirs. It is therefore ordered, adjudged and decreed by the Court that the following real estate viz N 1/2 SW 1/4 andS 1/2 NW 1/4 Section 19 Township 30 Range 24 and SW SE and SE SE Section 5 Township 29 Range 24 and NW 1/4 NE 1/4 Section 8 and S 1/2 NE of SE Section 5 Township 29 Range 24 be sold by the said Alson Burney Curator of said minor heirs in accordance with the req uirements of Law on some day during the session of the Probate and Common Pleas Court Circuit or County Courts of Greene County for cash in hand and that the Curator before selling said land enter into bond in double the appraised value thereof for the faithful performance of his duty and the proper accounting for and the reinvestment of the proceeds thereof and that the said Curator reinvest or put at interest the proceeds of said sale in accordance with the orders of the Probate and Common Pleas Court of Greene County and that he from time to time make report of his proceeding herein to said Court.
Ordered that the Court adjourn until tomorrow morning 8 o'clock.
R.W. Fyan Cir Judge
p 794. Saturday, August 4th 1866.
Court met pursuant to adjournment. Present as on yesterday.
M.J. Hubble
vs Civil Action
James Vaughn & M.M. McClure
Now at this day again come the parties by attorney and also the Jury who upon their oath say "We the Jury find the issues for the Defendants." It is therefore considered and adjudged by the Court that the said Plaintiff take nothing by his suit and that the Defendants have and recover of Plaintiff their costs in this behalf and that they have execution therefor.
p.795
Now at this day comes the Grand Jury and return into Court True Bills of Indictment which are ordered to be filed and capiases to issue thereon. And said Jury having no further business are by the Court discharged.
p 796
State of Missouri Plaintiff
vs Forfeited Recognizance
J.J. Leeper et al Defendants
Now at this day comes the Circuit Attorney and also Defendant by attorney and on motion the Judgmentheretofore rendered by the Court set aside. Whereupon by leave of Court the said Defendants by attorney file their answer herein.
State of Missouri Plaintiff
vs Forfeited Recognizance
J.J. Leeper, Henry Yount and
B.W. Henslee Defendants
Now at this day comes the Circuit Attorney and also the Defendants by their attorney
(continued)
181
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 796 (cont)
and having by their answer admitted that there was no cause why this Judgment should not be rendered and said forfeiture made final. The Court doth consider and adjudge (the said parties consenting thereto) that the State of Missouri have and recover of and from the said Defendants the said sum of five hundred dollars the amount of said forfeited recognizance and also her costs in this behalf and that she have an execution therefor.
State of Missouri Plaintiff
vs Forgery
James H. Fagg Defendant
Now at this day comes C.F. Drumwright, a witness on behalf of the State, and acknowledges himself to owe and stand indebted to the State in the sum of fifty dollars to be bond of his goods and chattels, lands and tenements to be void on condition that he be and appear before the Judge of theCircuit Court on the first day of the next term of theCounty Circuit Court which commences on the Monday in 186 and testify in the above entitled cause and not depart said Court without leave.
State of Missouri Plaintiff
vs Perjury
Albert S. Stanley Defendant
Now at this day comes John Harkness a witness on behalf of the State, and acknowledges himself to owe and stand indebted to the State in the sum of fifty dollars to be bond of his goods and chattels, lands and tenements to be void on condition that he be and make his personal appearance before the Judge of the Polk County Circuit Court on the first day of the next term thereof which commences on the first Monday in September next at the Court House in Bolivar and testify in the above entitled cause and not depart the same without leave.
State of Missouri Plaintiff
vs Perjury
Stephen Blackman Defendant
Now at this day comes Thomas Rountree and Zach Roberts witnesses on behalf of the State and acknowledge themselves to owe and stand indebted to the State in the sum of fifty dollars to be bond of his goods and chattels, lands and tenements to be void on condition that he be and make his personal appearance before the Judge of the Polk County Court on the first day of the next term thereof which commences at the Court House in Bolivar on the first Monday in September next and testify in the above entitled cause and not depart said Court without leave.
p 797.
John R. Byrnes Plaintiff
Petition for Relief
Exparted
Now at this day the Petition of John R. Byrnes to be relieved from the disabilities created by the Second Section of the Third Article of the Constitution of the State coming on to be heard the Court having examined the same and heard the evidence adduced and the applicants discharge from the Voluntary Service of the United States doth consider and adjudge that the same John R. Byrnes be relieved from the disabilities created by the Second Section of the Third Article of the Constitution and be entitled to the privileges granted therein, and that the said applicant pay all costs incurred herein.
Ordered that Court adjourn until Monday Morning.
R.W. Fyan Cir Judge.
182
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