Springfield-Greene
County LibraryMarch Term 1841
p 135.
At a Circuit Court begun and held at Springfield on the 15th day of March 1841. Present - The Honorable Charles L. Yancey Judge - Robert W. Crawford Circuit Attorney Protem - Thomas Horn Sheriff - and Joshua Davis Clerk. Ordered by the Court here that Robert W. Crawford be and he is hereby appointed Prosecuting Attorney Protem to serve as such the present term of said Court, he having taken the oath of office as such according to law.
State of Missouri Plaintiff
vs Indictment for gaming
John McElhaney Defendant
Now at this day came John McElhaney in his own proper person into open Court and says that he cannot deny but acknowledges himself guilty as charged in said indictment. It is therefore ordered by the Court here that he be fined the sum of one dollar, together with costs of suit in this behalf laid out and expended and that execution issue therefor.
Ordered by the Court here that John C. Price be permitted to practice Law exgratia at the present term of this Court.
Ordered by the Court here that Rich. H. Ridgley, William W. Blair and Cyrus Stark be and they are hereby permitted to sign the roll of Attorneys.
p 136.
B.W. Cannafax Plaintiff
vs Trespass
B. Chapman & G. Wills Defendants
This day came the parties by their attorneys and thereupon came a Jury, to wit: E. Painter, James Gray, Rob't Pace, Thomas Swadley, Horace Snow, Alex Younger, Rob't D. Dillard, E.B. McCain, R. Lanham, William W. Mann, Thomas Jessup, Twelve good and lawful men elected tried and sworn to try the issue joined between the said parties and after hearing the evidence returned into Court the following verdict - to wit. - We the Jury find the Defendants not guilty in manner and form as by the Plaintiff in his declaration alledged whereupon it is considered by the Court that the said Defendants go hence without day and recover of the Plaintiff his costs in this suit laid out and expended for all of which execution may issue.
18
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1841.
p 136.
16th Thesday Morning. Present as yesterday.
B.W. Cannafax Plaintiff
vs Trespass
B. Chapman and G. Wills Defendants
This day came the Plaintiff by his attorney and filed his motion for a new trial in said cause and after argument of Counsel and all and singular the premises being heard and fully understood it is ordered by the Court here that said motion be overruled.
p 137.
State of Missouri Plaintiff
vs Indictment for Robbery
Hiram Harmon Defendant
Now at this day came Robert W. Crawford who prosecutes in the behalf of the State of Missouri and moves the Court for a change of venue in said cause for the reason the present Judge of this Court was originally Counsel for the Defendant in said cause. It is ordered by the Court here that a change of venue be awarded and that the same be removed to Wright County Circuit Court and that the Clerk of this Court forward to said Wright Circuit Court a file and complete transcript of all the proceedings together with the original papers in said cause.
Cyrus W. McCullock Plaintiff
vs Petition in debt
Lewis H. Scruggs and Joshua Davis Defendants
This day came the Plaintiff by his Attorney and Lewis H. Scruggs one of the Defendants by John S. Waddill who is legally authorized to confess. A Judgment for the amount set forth in the petition of said Plaintiff and Joshua Davis the other Defendant in his own proper person who say they cannot deny but what they are justly indebted to the said Plaintiff in the sum of two hundred and six dollars debt the amount in the Plaintiff's petition mentioned and three dollars and nine cents damages for the detention thereof. It is therefore considered by the Court here that the said Plaintiff have and recover of said Defendants the said sum of two hundred and nine dollars and nine cents together with costs in this behalf laid out and expended and that he have execution therefor.
Joseph Weaver Plaintiff
vs Debt
Christopher McElhannon Defendant
This day came the Defendant by his attorney R.A. Ridgley and files his plea of general issue.
p 138.
C.A. Haden Plaintiff
vs Appeal J.P.
William Dye Defendant
Now at this day came the parties by their attorneys and by leave of the Court here the said C.A. Haden dismisses his said appeal. It is therefore considered by the Court that the said William Dye have and recover of said C.A. Haden his costs in this behalf laid out and expended for all of which execution may issue.
John P. Campbell Plaintiff
vs Petition in debt
Joseph Crutchfield Defendant
Now at this day came the parties in their own proper persons and the Plaintiff dismissed his said cause and obtained leave to withdraw the instrument sued on by leaving a copy
(continued)
19
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1841
p 138. (continued)
thereof in possession of the Clerk of said Court and the Defendant in his own proper person assumed the payment of the costs in said suit laid out and expended. It is therefore considered by the Court that the said Plaintiff have and recover of said Defendant his costs in this behalf laid out and expended for all of which execution may issue.
R.K. Payne
vs Assumpsit
B.M. Jewett
Now at this day came the Defendant and his attorney and filed here in Court his plea of general issue and on agreement of Counsel leave is given to the Defendant to file Special Plea 60 days before the next term of this Court by serving the Counsel of the Plaintiff with a copy of the same.
p 139.
State of Missouri Plaintiff
vs Indictment for wounding, disfiguring, etc.
Ephraim M. Massey Defendant
This day came Robert W. Crawford who prosecutes in behalf of the State of Missouri and the Defendant in his own proper person who is charged in the bill of indictment for plea thereto says he is not guilty and puts himself on the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: Z. Sims, Charles Hatler,
David McHaffie, Joseph Rountree, John McHaffie, Henry Martin, Robert Forbus, C.D. Ladd, Thomas Hodges, Ragland M. Langston, Evans Tyler and Joseph Simmons, twelve good and lawful men who being duly elected tried and sworn well and truly to try the issue joined between the parties and true deliverance make between said State of Missouri and the prisoner at the bar and after hearing the evidence in said cause retired to consider their verdict and after due deliberation came into the Court and say they cannot agree and by agreement of Counsel said Jury was discharged by said Court.
Ragland M. Langston
G. Cornelison and
William R. Britt Plaintiffs
vs Petition in Debt
James Ellison Defendant
On a motion by Defendant Counsel leave is given to plead to said suit on tomorrow.
p 140.
Tyson and Mason Plaintiffs
vs Petition in debt
John W. Danforth Defendant
This day came the parties by their attorney and the cause of action being founded on an instrument of writing and neither party requiring a Jury was by the parties submitted to the Court and the Court do find that the said Defendant owes and stands indebted to the Plaintiff in the sum of one hundred eighty three dollars debt and sixty seven dollars and seventy five cents damage. It is therefore considered by the Court that the Plaintiff have and recover of said Defendant the sum of two hundred fifty four dollars and seventy five cents for debt and damages together with costs of suit in this behalf laid out and expended for all of which execution may issue.
Littleberry Hendricks
vs Bill in Chancery
Joseph Weaver, admin of the estate of
Daniel B. Miller, Dec., and John P. Campbell
guardian of Heirs of said Miller
It is ordered by the Court here that in this cause a change of venue be awarded to
(continued)
20
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1841.
p 140 (continued)
the County of Polk in the 7th Judicial Circuit, the Judge of this Court having been previously employed as Counsel in this cause.
p 141. March 17th 1841. Present as yesterday.
John Singleton
vs
James Lee
This day came the Plaintiff by his attorney and says he will no further prosecute his suit but suffers the same to be dismissed. It is therefore considered by the Court that the said Defendant go hence without day and recover of the Plaintiff his cost about his suit laid out and expended and that he have execution therefor.
THE STATE OF MISSOURI
To all who shall see these presents, Greetings.
Know ye that it having been certified to me that the Senate of Missouri has advised and consented to the nomination of Charles L. Yancey as Judge of the Thirteenth Judicial Circuit - Now, therefore, in the name and in behalf of the State of Missouri, I, Thomas Reynolds, Governor thereof do hereby commission him Judge of the Circuit aforesaid, and authorise and empower him to discharge the duties of said office according to Law.
In testimony whereof I have here unto set my hand and caused the Great Seal of the State of Missouri to be affixed at the city of Jefferson the 8th day of February in the year of our Lord one thousand and eight hundred and forty one of the Independence of the United States the sixty fifth.By the Governor, Th. Reynolds
James L. Minor, Secy of State.
I, Charles S. Yancey, do solemnly swear that I will support the Constitution of the United States and the State of Missouri and faithfully demean myself in office as Judge of the Thirteenth Judicial Circuit of said State so help me God.
Charles S. YanceySworn to and subscribed before me 16 Feb. 1841 J. Davis Clerk.
21
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1841
p 143.
Jacob Tease Plaintiff
vs Slander
Pharoah Cook Defendant
This day came the parties by their respective attorneys and the Defendant being charged of slander, for his plea says he is not guilty in manner and form as is alledged in the Plaintiff's declaration, and thereupon came a Jury, to wit: Presley Beal, J.P.C. Langston, James M. Apperson, Peter Apperson Jr, Zenas M Rountree, R.K. Payne, Elijah Gray, Chesley Cannef ax, Benjamin W. Cannefax, John S, Kimbrough, good and lawful men elected, tried sworn well and truly to try this issue between the said parties retired to consider of their verdict and after due deliberation returned into Court here and say cannot agree and by consent of parties it is ordered by the Court here that said Jury be discharged and this cause is continued till the next term of this Court.
The Grand Jury comes into Court and presented the following bills of indictment signed by the foreman. A true bill -
State of Missouri vs Thomas Shannon and A.J. Shannon - indictment for keeping grocery door open on the 1st day of the week.
State of Missouri vs R.J. McElhaney - Indictment for keeping grocery door open on the 1st day of the week.
State of Missouri vs Peter Apperson Jr. - Indictment for keeping grocery door open on the 1st day of the week.
p 144.
Robert Casebolt Plaintiff
vs Slander
John MoHaffie Defendant
(Plaintiff dismissed charge. Plaintiff pay costs)
R.M. Langston and others
vs Petition in debt
James Ellison
(Cause continued to next term)
L. Hendrick, Admin of
James Carter decd.
vs Bill in Chancery
Wm. and Henry Fulbright
A change of venue is awarded to Polk County in the seventh Judicial Circuit on account of the present Judge having been previous Counsel in this case.
p 145.
Henry Fulbright
vs Bill in Chancery
Samuel Powers
(Change venue to Polk - as above)
J.P. Campbell Plaintiff
vs Attachment
D.G. Harris Defendant
This day came the Plaintiff by his attorney and the order of publication having been complied with by publishing a copy of the same for four weeks successively in the Ozark Standard, a newspaper published in this state, the last publication having been made more than thirty days previous to the November term of this Court, and the said Harris having been three times solemnly called but not appearing, it is therefore considered
(Continued)
22
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1841
p 145 (continued)
by the Court here that the said Plaintiff have and recover of the said Defendant the sum of four hundred seventy one dollars and eighty four cents debt and damages and also his costs of suit in this behalf expended and that he have execution therefor.
p 145/146.
John P. Campbell Plaintiff
vs Attachment
David G. Harris, J.P.C. Langston
- garnishee Defendants
This day came the parties by their respective attorneys and J.P.C. Langston who has been summoned as a garnishee in the above case who had filed here in Court his answer to the interrogatory at the April term of this Court for the year 1840 and it appearing from said answer that D.G. Harris the above named Defendant held a note on said Langston for five hundred dollars due the first day of October 1839, that against said note the said Langston had before the commencement of this suit noted assigned him by Joseph Powell to the amount of two hundred sixty two dollars and seventy four cents which notes purports to be executed by said D.G. Harris and also that the said note of five hundred dollars had on it a credit entered of two hundred ten dollars and after computation of the several amounts credits and set-offs, etc., that the said Langston is justly indebted to the said David G. Harris the above named Defendant in the Sum of thirty eight dollars and the said Langston be allowed for his trouble as garnishee the sum of five dollars and twenty five cents out of the aforesaid sum of thirty eight dollars and that the said J.P. Canpbell the Plaintiff in this suit have of the said Langston thirty two dollars and fifty five cents, the balance due of the aforesaid sum of thirty eight dollars and that he have execution thereof.
p 146
Ordered by the Court that Alfred S Bone who was elected and sworn as a Juror in the case of Jacob Sease Plaintiff and Pharoah Cook Defendant in an action of Slander in this Court be required to appear at the next term of this Court and shew cause if any he can why the fine of five dollars which is by the Court ordered to be imposed on him for his nonattendance on said Jury shall not be made absolute.
p 147.
Charles Vertrees Plaintiff
vs Petition in Debt
Constantine Perkins Defendant
This day came the Plaintiff and his Attorney and the Defendant being thrice solemnly called came not but makes default and the cause being founded on an instrument of writing purporting to be signed by the Defendant and amount being ascertained by said instrument the Court finds the Defendant owes and stands indebted to the Plaintiff in the sum of three hundred forty eight dollars and thirty three cents for his debt and the sum of five dollars damages for the dentention thereof. It is therefore considered by the Court that the Plaintiff have and recover of the said Defendant the sum of three hundred and fifty eight dollars and thirty three cents debt and damages aforesaid together with the costs in this Suit laid out and expended and that he have execution therefor.
Stark and McKenny
vs Appeal J.P.
A.J. Wallis
This day came the parties by their attorneys and neither party requiring a Jury the Cause was submitted to the Court and after the evidence being heard thereon the said Plaintiffs say they will no further prosecute said suit but suffers the same to be dismissed. It is therefore considered by the Court that the Defendant have and recover of said Plaintiffs the costs of suit in this behalf laid out and expended and that he have execution therefor.
23
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
March Term 1841
p 150.
Ball and Snyder Plaintiff
vs Appeal J.P.
R.K. Payne Defendant
Change of venue awarded in this cause to Wright County in the Fourteenth Judicial Circuit for the reason that the present Judge of this Court was previous Counsel in the case.
State of Missouri Plaintiff
vs Indictment for Keeping grocery door open, etc.
A.J. Shannon Defendant
This day came A.J. Shannon and says that he cannot deny but that he is guilty as charged in said indictment and Robert W. Crawford who prosecutes in behalf of the State of Missouri being also present - It is considered by the Court that the said J.J. Shannon do pay a fine to the State of Missouri of five dollars together with costs and that
execution issue therefor.
State of Missouri Plaintiff
vs Indictment for keeping grocery door open, etc.
R.J. McElhaney Defendant
This day came R.J. McElhaney and says that he cannot deny but that he is guilty as charged in said indictment and Robert W. Crawford who prosecutes in behalf of the State of Missouri being also present - It is considered by the Court that the said R.J. McElhaney do pay a fine to the State of Missouri of five dollars together with costs and that execution issue therefor.
p 151.
State of Missouri Plaintiff
vs Indictment for keeping grocery door open, etc.
Peter Apperson Jun. Defendant
This day came Peter Apperson Jun,, and says that he cannot deny but that he is guilty as charged in said indictment and Robert W. Crawford who prosecutes in behalf of the State of Missouri being also present - It is considered by the Court that the said Peter Apperson Jun., do pay a fine to the State of Missouri for five dollars together with costs and that execution issue therefor.
Ordered by the Court here that Isaac Findley be discharged from further service as a Grand Juror.
Ordered by the Court that the Sheriff summon another Grand Juror to fill the vacancy occasioned by the discharge of said Findley, Edward Thompson being summoned, came into Court and was sworn as a Grand Juror according to Law.
Ordered by the Court that Capiases issue against the Defendants in indictments found at this Court.
Peter Apperson Jun. Plaintiff
vs Forcible Entry and Detaining.
J.J. Ingram Defendant
Change of venue awarded in the above cause to Polk County in the seventh Judicial Circuit the present Judge being previous counsel in the case. (Written at side taken by Phelps)
p 152.
Thursday Morning 18th March 1841. Court met persuant to adjournment. Present as yesterday.
24
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
p 152.
J. VauIz Plaintiff
vs Debt
B.W. Cannefax Defendant
This day came the Plaintiff by his attorney and by leave of the Court files his bond for costs of suit.
Ordered by the Court that Capiases issue in the several indictments presented by the Grand Jury.
Maupin and Haley Plaintiffs
vs Appeal J.P.
John Edwards Defendant
This day came the parties by the attorneys and the Defendant by his attorney says he will no further prosecute his said suit but suffers the same to be dismissed. It is therefore considered by the Court that the said Plaintiffs have and recover of said Defendant his costs in this suit laid out and expended and that execution issue therefor.
Fream and McAdams Plaintiff
vs Appeal J.P.
Moses Bean Defendant
This day came the parties by their attorneys and the Defendant by his attorney says he will no further prosecute his said suit but suffers the same to be dismissed. It is therefore considered by the Court that the said Plaintiffs have and recover of said Defendant his costs in this suit laid out and expended and that execution issue therefor.
p 153.
A. Tappan and Co. Plaintiff
vs Trespass on the Case
John S. Phelps and Mary Phelps, his wife Defendants
This day came the parties by their attorneys and by agreement of Counsel plea of General Issue filed and issue joined thereon and the plea of Statute of Limitation withdrawn by said Defendant's counsel.
Craighead and Allen Plaintiffs
vs Trespass on the Case
John S. Pheips and Mary Phelps, his wife Defendants
This day came the parties by their attorneys and by agreement of Counsel plea of General Issue filed and issue joined thereon and the plea of Statute of Limitation withdrawn by said Defendant's counsel.
Berry/Snyder Plaintiff
vs Attachment. Order of Publication.
Robert Casebolt Defendant
This day came the Plaintiffs by their attorneys and it appearing from the return of the officer that the said Casebolt was not found within the County it is ordered by the Court here that the notice of the commencement of this suit be served on the said Casebolt by publishing and attested copy of this order in some newspaper printed within this State for four weeks successively, the last publication to be made at least 30 days previous to the first day of the next term of this Court. (written at side - "wrong entry")
(same entry repeated below it)
25
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1841
p 154.
C.D. Ladd Plaintiff
vs In Debt
James Panky Defendant
And this day came the Plaintiff by his attorney and the said Defendant being thrice solerrnly called did not appear but made default. It is therefore considered by the Court here that the said Plaintiff take Judgment against the said Defendant by default and that a writ of enquiry be awarded, returnable at the next term of this Court to ascertain the damages which the said Plaintiff hath sustained.
Daniel D. Berry Plaintiff
vs Attachment.
Robert Casebolt Defendant
On motion of Attorneys for the Plaintiff it is ordered that the said Defendant be notified that an action founded upon a promissory note hath been commenced against him by the said Plaintiff, that his property has been attached and that unless he be and appear before the Circuit Court to be holden within and for the County of Greene at Springfield in said County at the next term thereof and in or before the third day of the said term plead to the action aforesaid according to Law, a Judgment will be rendered against him and his property be sold to satisfy the same by publishing an attested copy of this order in some newspaper printed in this State for four weeks successively the last publication to be at least thirty days previous to next term of this Court.
p 155.
John Link Plaintiff
vs Appeal J.P.
John Letterman and William Wilkerson Defendants
This day came the Plaintiff by his attorneys and moves the Court to dismiss said appeal for the want of sufficient affidavit and bond and all and singular the premises being heard and fully understood by the Court here said motion is therefore overruled by the Court.
B.W. Cannefax Plaintiff
vs
B. Chapman and Gray Wills Defendants
(Bill of exceptions and affidavit for Appeal. - Bond approved and filed)
p 156.
The Grand Jury came into Court and returned the following bills of indictment, to wit:
State of Missouri vs
John R. Short -- Larceny
James Blackwell -- Gaming
Eldridge Miller -- Gaming
Dixon Jeffries, George Reader and Tabiz Townsend -- Gaming
John P. Campbell -- Suffering Gaming, etc.
Benjamin Cannefax -- Gaming
Guyan Leeper -- Gaming
James L. James, William Windham and Elias Rice -- Gaming
And the Grand Jury, having no further business before them, was discharged.
Ordered by the Court here that the several members of the Grand Jury be allowed for their services as such at the rates of one dollar per day and five cents per mile each travelling to form this Court.
26
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1841
p 157.
J. Vaulx Plaintiff
vs Debt
B.W. Cannefax Defendant
This day came the Defendant by his attorney and files here in Court his plea of nilldebit and nondetinet with leave to file special pleas 30 days before the next term of this Court.
State of Missouri Plaintiff
vs Indictment
Thomas Shannon Defendant
This day came Robert W. Crawford who prosecutes in behalf of the State of Missouri and by leave of the Court enters a nolipresequi in the above case.
State of Missouri Plaintiff
vs Indictment for Gaming
Isaac Finley Defendant
This day came the Defendant in his own proper person into open Court together with John Kimbrough, his security, who acknowledge themselves to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars to be levied of their respective goods and chattles lands and tenements for the use of the State of Missouri. To be void on the following condition that is to say that the said Defendant Isaac Finley make his personal appearance on the first day of the next term of the Greene Circuit Court which commences on the third Monday after the fourth Monday in June, next, at the Court House in the town of Springfield to answer an indictment against him and not depart the Court without leave thereof.
p 157/158.
State of Missouri Plaintiff
vs Indictment Gaming
B.W. Cannefax Defendant
This day came Benjamin W. Cannefax and says that he cannot deny but that he is guilty as charged in the said indictment and Robert W. Crawford who prosecutes in behalf of the State of Missouri being also present. It is considered by the Court that said Benjamin W. Cannefax do pay a fine to the State of Missouri of one dollar together with costs and that execution issue therefor.
p 158.
Berry and Snyder Plaintiffs
vs In Attachment
Robert Casebolt Defendant
On motion of the attorneys for the Plaintiffs it is ordered that the said Defendant be notified that an action of assumpsit has been against him by the Plaintiffs for goods sold and delivered that his property has been attached and that unless he be and appear before the Greene Circuit Court at the next term thereof which will be holden at Springfield within and for said County of Greene on the third Monday after the fourth Monday of June, next, and on or before the third day of said term plead to the aforesaid action according to Law, a Judgment will be rendered against him and his property sold to satisfy the same by publishing an attested copy of this order in some newspaper printed in this state the last publication to be at least thirty days previous to the first day of the next term of this Court.
27
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES.
Book B. March Term 1841
p 158/159.
Ordered by the Court here that the following Grand Jurors be allowed for their services at the March term of the Circuit Court as follows, to wit:
to serving |
|||
James W. Blakey |
4 days |
10 miles |
$4.50 |
Fendal C. Cason |
4 days |
14 miles |
$4.70 |
J. W. Hancock |
4 days |
10 miles |
$4.50 |
Thomas C. Wilson |
4 days |
20 miles |
$5.00 |
Andrew Friend |
4 days |
30 miles |
$5.50 |
Leonard H. Sims |
4 days |
20 miles |
$5.00 |
Joseph T. Morton |
4 days |
10 miles |
$4.50 |
B. L. Lane |
4 days |
1 mile |
$4.05 |
Spencer Clark |
4 days |
29 miles |
$5.45 |
Solomon Cotner |
4 days |
5 miles |
$4.25 |
Charles L. Peck |
4 days |
30 miles |
$5.50 |
John T. Boals |
4 days |
34 miles |
$5.70 |
John Bolin |
4 days |
5 miles |
$4.25 |
Wm. Killingsworth |
4 days |
34 miles |
$5.70 |
Edward Thompson |
1 day |
10 miles |
$1.50 |
Isaac Finley |
3 days |
4 miles |
$3.20 |
December Term 1840 |
|||
John T. Boals |
2 days |
34 miles |
$3.70 |
Spencer Clark |
2 days |
29 miles |
$3.45 |
All of which is adjusted and ordered to be certified to the County Court for allowance.
p 159.
John Link Plaintiff
vs Forcible entry and detainer, appeal J.P.
John Letterman and William Wilkerson Defendants
This day came the parties by their respective attorneys and thereupon came a Jury, to wit: Peter Wallis, Z.M. Rountree, R.K. Payne, Thomas J. Mills, John W. Dagen, Thomas Stokes, Hugh Smiley, Isaac Woods, Alexander Younger, J.P.C. Langston, Thomas Polk and William P. Cox, twelve good and lawful men elected tried and sworn to try the issue joined between the parties and after hearing the evidence in said cause the said Jury retired to consider of their verdict and after due deliberation thereupon returned into Court the following verdict (to wit) We the Jury find the Defendants guilty of the forcible entry and detainer as the said complainant hath alledged in his complaint. It is therefore considered by the Court that the said Link, the Plaintiff, have writ of restitution of the premises directed to the Sheriff of Greene County as set forth in the Plaintiff's complaint and that the said Plaintiff have and recover of the said Defendants his costs in this suit laid out and expended and that he have execution therefor. And the said Defendants thereupon moved the Court by their counsel to set aside the verdict aforesaid and to strike the cause from the docket because the Court had no Jurisdiction of the cause.
p 160.
Friday Morning March 19, 1841, present same as yesterday
State of Missouri Plaintiff
vs Indictment for suffering gambling deviceto be set upon his premises.
John P. Campbell Defendant
Now at this day came as well the Circuit Attorney who prosecutes for the State of Missouri in this behalf as the said John P. Campbell in his own proper person who being demanded of and concerning how he will acquit himself thereof says he is not guilty in manner and form as charged upon him in said indictment and for his trial puts himself upon the county and the Circuit Attorney doth the like and thereupon came a Jury, to wit:
(continued)
28
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1841.
p 161 (continued)
John W. Dagen, Henry Matlock, John Holland, Thomas J. Gates, John W. Ball, Jacob Painter, A.M. Julian, R.A. Huffard, C.A. Haden, John Bell, J.M. Kendrick, Randolph Moore, Twelve good and lawful men elected tried and sworn well and truly to try the issue and true deliverance make between the State of Missouri and John P. Campbell upon their oath do say that the said John P. Campbell is not guilty in manner and form as charged in said indictment. It is therefore considered that the said Defendant go hence without day.
This day came the State of Missouri by Robert W. Crawford who prosecutes in behalf thereof and moves the cause to order an attachment for the body of Isaac Finley Jun. Who having been regularly summoned as a witness in the above cause and failing to appear it is ordered by the Court here that an attachment issue accordingly. Ordered that said Isaac Finley Jun. pay the costs of said attachment.
p 161.
State of Missouri Plaintiff
vs Indictment for Gaming
John T. Shanks Defendant
This day came the above Defendant John T. Shanks and also R.K. Payne his security into Open Court and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars to be levied of their respective goods chattles lands and tenements for the use of our said State of Missouri to be void however upon the condition that if the said John T. Shanks be and appear before the Judge of our said Court on the first day of the next term thereof which commences on the third Monday after the fourth Monday in June next to answer an indictment for Gaming and not depart the same without leave of said Court then this recognizance to be void otherwise to remain in full force and virtue.
State of Missouri Plaintiff
vs Indictment for Gaming
Thomas Horn Defendant
This day came the above Defendant Thomas Horn and also James Dollison, his security into Open Court and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars to be levied of their respective goods chattles lands and tenements for the use of our said State of Missouri to be void however upon the condition that the said Thomas Horn be and appear before the Judge of our said Court on the first day of the next term thereof which commences on the third Monday after the fourth Monday in June next to answer an indictment for Gaming and not depart the same without leave of said Court then this recognizance to be void otherwise to remain in full force and virtue.
p 161/162.
State of Missouri Plaintiff
vs Indictment for Gaming
R.K. Payne Defendant
This day came the above Defendant R.K. Payne and James Dollison his security into Open Court and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars to be levied of their respective goods chattles lands and tenements for the use of our said State of Missouri to be void however upon the condition that the said R.K. Payne be and appear before the Judge of our said Court on the first day of the next term thereof which commences on the third Monday after the fourth Monday in June next to answer an indictment for Gaming and not depart the same without leave of said Court then this recognizance to be void otherwise to remain in full force and virtue.
29
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1841.
p 162.
State of Missouri Plaintiff
vs Indictment for Gaming
Layton Moore Defendant
This day came the above Defendant Layton Moore and Benjamin W. Cannefax his security into Open Court and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars to be levied of their respective goods chattles lands and tenements for the use of our said State of Missouri to be void however upon the condition that the said Layton Moore be and appear before the Judge of our said Court on the first day of the next term thereof which commences on the third Monday after the fourth Monday in June next to answer an indictment for Gaming and not depart the same without leave of said Court then this recognizance to be void otherwise to remain in full force and virtue.
p 162
State of Missouri Plaintiff
vs Indictment for Gaming
Randolph Moore Defendant
This day came the above Defendant Randolph Moore and John P. Campbell his security into Open Court and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars to be levied of their respective goods chattles lands and tenements for the use of our said State of Missouri to be void however upon the condition that the said Randolph Moore be and appear before the Judge of our said Court on the first day of the next term thereof which commences on the third Monday after the fourth Monday in June next to answer an indictment for Gaming and not depart the same without leave of said Court then this recognizance to be void otherwise to remain in full force and virtue.
p 162/163.
State of Missouri Plaintiff
vs Indictment for Gaming
Jabez Townsend Defendant
This day came the above Defendant Jabez Townsend and Benjamin W. Cannefax his security into Open Court and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars to be levied of their respective goods chattles lands and tenements for the use of our said State of Missouri to be void however upon the condition that the said Jabez Townsend be and appear before the Judge of our said
Court on the first day of the next term thereof which commences on the third Monday after the fourth Monday in June next to answer an indictment for Gaming and not depart the same without leave of said Court then this recognizance to be void otherwise to remain in full force and virtue.
p 163.
State of Missouri Plaintiff
vs Indictment for Gaming
John Jones Defendant
This day came the Defendant John Jones and Randolph Moore, his security into Open Court and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars to be levied of their respective goods chattles lands and tenements for the use of our said State of Missouri to be void however upon the condition that the said John Jones be and appear before the Judge of our said Court on the first day of the next term thereof which commences on the third Monday after the fourth Monday in June next to answer an indictment for Gaming and not depart the same without leave of said Court then this recognizance to be void otherwise to remain in full force and virtue.
30
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1841.
p 164
State of Missouri Plaintiff
vs Indictment for Gaming
Peter Apperson Jun. Defendant
This day came the above Defendant Peter Apperson Jun. and Isaac Finley his security into Open Court and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars to be levied of their respective goods chattles lands and tenements for the use of our said State of Missouri to be void however upon condition that the said Peter Apperson Jun. be and appear before the Judge of our said Court on the first day of the next term thereof which commences on the third Monday after the fourth Monday in June next to answer an indictment for Gaming and not depart the same without leave of said Court then this recognizance to be void otherwise to remain in full force and virtue.
State of Missouri Plaintiff
vs Indictment for Gaming
Ephraim M. Massey Defendant
This day came the above Defendant Ephralm M. Massey and John P Sturdivant his security into Open Court and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars to be levied of their respective goods chattles lands and tenements for the use of our said State of Missouri to be void however upon the condition that the said Ephraim M. Massey be and appear before the Judge of our said Court on the first day of the next term thereof which commences on the third Monday after the fourth Monday in June next to answer an indictment for Gaming and not depart the same without leave of said Court then this recognizance to be void otherwise to remain in full force and virtue.
p 165.
State of Missouri Plaintiff
vs Indictment for Gaming
Scott Brame Defendant
This day came the Defendant Scott Brame and says that he cannot deny but that he is guilty as charged in said indictment and Robert W. Crawford who prosecutes in behalf of the State of Missouri being also present. It is considered by the Court that said Scott Brame to pay a fine to the State of Missouri of one dollar together with costs of suit and that execution issue therefor.
John Link Plaintiff
vs Forcible entry and Detainer
John Letterman and William Wilkerson Defendants
The motion filed by the Defendants Counsel to set aside the verdict of the Jury and strike said cause from the docket and after argument of Counsel being heard said motion was overruled by the Court.
John R. French Plaintiff
vs Appeal J.P.
Gray Wills Defendant
This day came the Plaintiff by his attorney in the above cause and the said Defendant being thrice solemnly called comes not but makes default and the suit being founded on an instrument of writing and the amount being ascertained thereby the Court do find that the said Defendant owes and stands justly indebted to the Plaintiff in the sum of twenty eight dollars for his debt and sixty two and one half cent for his damages. It is therefore considered by the Court here that the said Plaintiff have and recover the said sum of twenty eight dollars and sixty two and one half cents together with costs of suit in this behalf laid out and expended and that he have execution therefor.
31
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1841.
p 166.
R.W. Sims Plaintiff
vs Petition in Debt
Davis C. Price and Andrew B. Gwyn Defendants
This day came the Plaintiff by his attorney in the above cause and the said Defendants having been thrice solemnly called come not but make default the said suit being founded on an instrument of writing and the amount being ascertained thereby the Court do find that the said Defendants owe and stand justly indebted to the said Plaintiff in the sum of two hundred fifty dollars for his debt and nineteen dollars damage for the detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of said Defendants the sum of two hundred sixty nine dollars for his debt and damage together with his costs of this suit laid out and expended and that he have execution therefor.
Another cause with identical Plaintif and Defendants except Sum to read two hundred fifty for his debt and four dollars for his damages - total sum two hundred fifty four dollars//
p 167.
Winford Townsend Plaintiff
vs Debt
Littleberry Hendrick Defendant
This day came the Plaintiff by his attorney John T. Waddill who is authorized by the said Defendant by letter of attorney to confess Judgment in said case and the suit being instituted on an instrument of writing executed by said Defendant to Benjamin W. Cannefax and assigned by said Cannefax to the said Plaintiff the said Defendant says he cannot deny but that he owes and stands justly indebted to the Plaintiff in the sum of three hundred fifty dollars debt and eight dollars and seventy cents damages for the detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of said Defendant the aforesaid sum of three hundred fifty eight dollars and seventy cents for his debt and damages together with the cost of this suit laid out and expended and that he have execution therefor.
Ordered by the Court that the bond given by Joshua Davis as Clerk of the Greene Circuit Court having this day been examined and approved in open Court and ordered to be recorded.
Saturday morning 20 March 1841. Court met persuant to adjournment. Present as yesterday.
Chesley Cannefax
vs
Greene County
This day came Chesley Cannefax in his own proper person and exhibited an account against the County for seventy two dollars for services rendered by him as a former Sheriff of said County and all and singular the premises being heard and being fully understood by the Court it is ordered by the Court that the same be certified to the County Court for allowance.
State of Missouri Plaintiff
vs
John P. Campbell Defendant
Indictment for obstructing road.. Fee bill filed $12.471/2.
Now at this day came Joshua Davis Clerk of Greene Circuit Court and exhibited an account against Greene County for twelve dollars and forty seven and one half cents which bill of costs having been examined and found to be correct and ordered to be certified down to the County Court for allowance.
32
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book 3. March Term 1841.
p 168/169.
Following fees applied for similar to above:
Joshua Davis fee bill filed for $41.871/2 for cause of Madison Turner.
Joshua Davis fee bill filed for $4.781/2 for cause of Thomas Allison.
Joshua Davis fee bill filed for $4.711/4 for cause of George Rainey.
Joshua Davis fee bill filed for $5.421/2 for cause of Levi Click.
Joshua Davis fee bill filed for $11.20 for cause of John P. Campbell.
Joshua Davis fee bill filed for $6.061/4 for cause of Thomas Ellison.
p 170.
B.W. Cannefax Plaintiff
vs Petition in Debt
John and Augustus Kerr Defendants
This day came the Defendant in the above cause and by leave of the Court filed his plea of fraud in the above cause.
END OF MARCH TERM 1841.
33
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