Springfield-Greene
County LibraryMay Term 1850
p 360. Monday Morning, 27th Day of May 1850. Court met persuant to adjournment. Present the Honorable Charles S. Yancey Circuit Judge, John T. Coffee Esq Circuit Attorney, George W. Kelley Esq Sheriff of Greene County and Joshua Davis Clerk.
Now at this day comes the Sheriff and returns here into Court the following pannel of Grand Jurors, to wit: Kindred Rose 1. G.M. Gibson 2. John Ramey 3. D.A. Dryden 4. Thos. Tiller 5. Jas. Watts 6. John N. Ruyle 7. John 0. Sheppard 8. William Gray 9. Stephen Julian 10. W. Jones 11. J.K. Gibson 12. Berry Moore 13. Wm. S. Wilkes 14. James W. Gray 15. Wm. S. Herrington 16. John McElhannon 17. Joshua M. Bailey 18. Good and lawful men duly elected tried and sworn. After receiving a charge from the Court retired to consider of their presentments.
p 361.
State of Missouri Plaintiff
vs Indictment for Gaming
Richard Younger Defendant
Now at this day come the Circuit Attorney who presents in behalf of the State of Missouri and says that by leave of the Court he will no further prosecute his said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her suit, and that Defendant be discharged and go
hence without day.
91
GREENE COUNTY, MISSOURI, CIRWIT COURT CASES
MAY TERM 1850
Book C.
p 361.
State of Missouri Plaintiff
vs Indictment for Gaming
John Gott Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri and the said Defendant being also present and for a plea thereof says that lie cannot deny but that he is guilty in manner and form as charged in said Indictment. And neither party requiring a Jury the said cause is submitted to the Court and the Court setting as a Jury do assess a fine against him, the said Defendant, of the sum of one dollar. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the aforesaid sum of one dollar together with her costs and charges in this behalf expended for all of which execution may issue.
State of Missouri Plaintiff
vs Indictment for Gaming
Hervey Bryant Defendant
(unable to locate Defendant. writ of alias capias issued)
p 362.
State of Missouri Plaintiff
vs Indictment for Gaming
Pleasant Smith Defendant
(unable to locate Defendant. writ of alias capias issued)
On motion it is ordered by the Court that John C. Caldwell, John M. Richardson and John W. Payne be permitted to Sign the Roll of Attorneys.
State of Missouri Plaintiff
vs Indictment for gaming
John Wilkinson Defendant
(unable to locate Defendant. writ of plurius capias issued)
p 363.
State of Missouri Plaintiff
vs Indictment for Gaming
Samuel Simpson Defendant
(unable to locate Defendant. writ of plurius capias issued)
p 364 - nil
p 365.
State of Missouri Plaintiff
vs Indictment for Petit Larceny
James Beal Defendant
(Cause continued to next term)
State of Missouri Plaintiff
vs Assault with intent to Kill
James Cohen Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri and says by leave of the Court he will no further prosecute her said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State of Missouri take nothing by her said writ, that the Defendant be hereof discharged and go hence without day.
92
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
MAY TERM 1850.
p 366.
State of Missouri Plaintiff
vs Indictment for Sabbath Breaking
Theodrick Layton Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri the Defendant by his attorney being also present and for a plea thereof says he cannot deny but that he is guilty in manner and form as charged against hirn in said Indictment and neither party requiring a Jury the Court setting as a Jury do assess a fine against said Defendant in the sum of one dollar. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the aforesaid sum of one dollar together with his costs and charges in this behalf laid out and expended for all of which execution may issue.
State of Missouri Plaintiff
vs Indictment for Sabbath Breaking
Henry Inman Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri and says by leave of the Court he will no further prosecute his said suit but will voluntarily suffer the same to be dismissed. It is therefore considered by theCourt that said State take nothing by her said writ, said Defendant be discharged and
go hence without day.
p 367.
State of Missouri Plaintiff
vs Sabbath Breaking
Allen Fielden Defendant
Now at this day comes the Defendant by his attorney and by leave of the Court withdraws his motion to quash said Indictment, the Circuit Attorney being also present, the said Defendant for a plea says that he cannot deny but that he is guilty in manner and form as charged in said Indictment and neither party requiring a Jury the said cause is submitted to the Court and the Court sitting as a Jury do assess a fine against him of the sum of one dollar. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the aforesaid sum of one dollar together with his costs and charges in this behalf laid out and expended for all of which execution may issue.
State of Missouri Plaintiff
vs Indictment Selling Liquor To A Slave
Allen Fielden Defendant
Now at this day comes the Defendant by his attorney the Circuit Attorney being also present and by leave of the Court withdraws his motion to quash said Indictment and for a plea thereof the said Defendant says he cannot deny but that he is guilty in manner and form as stated in said Indictment and neither party requiring a Jury, and the Court setting as a Jury assess a fine against said Defendant of the sum of $20. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $20 together with her costs in this behalf laid out and expended for all of which execution may issue.
p 368.
State of Missouri Plaintiff
vs Indictment Selling Liquor To A Slave
Allen Fielden Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri and says by leave of the Court he will no further prosecute his said suit but
(continued)
93
GREENE COUNTY, MISSOURI, CIRCUIT CASES
Book C.
MAY TERM 1850.
p 368 (continued)
will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said writ that the said Defendant be hereof discharged and go hence without day.
p 369.
Hiram Hyden Plaintiff
vs Slander and Malicious Prosecution
William Breedlove Defendant
By rnutual consent of parties it is agreed that the Judgment by default rendered at the last term of this Court against the Defendant is set aside and the said Defendant has leave to answer at this term of this Court and it is further agreed that no security for costs is to be required of the Plaintiff by the said Defendant, and the costs which have already accrued is to abide the event of this suit, and after an answer is filed and said cause is to be continued generally and said answer is herein now filed by the leave of the Court.
State of Missouri Plaintiff
vs Indictment for Gaming
John Campbell Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri and says by leave of the Court he will no further prosecute his said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said writ that the said Defendant be hereof discharged and go hence without day.
p 370 - 371 - blank
p 372.
State of Missouri Plaintiff
vs Indictment Assault To Do Great Bodily Harm
James Rains Defendant
Now at this day comes James Rains as principal and Warren H. Graves, Presley Beal, James F. Hornbeak, James Dollison and Joseph Burden his securities acknowledge themselves to owe and stand justly indebted to the State of Missouri in the sum of $400 to be levied of their respective goods and chattels lands and tenements to be void upon this condition that if the said James Rains shall make his personal appearance on the first day of the next term of this Court at the Court House in the City of Springfield which will be holden on the fifth Monday after the fourth Monday in October, next, to answer unto the State of Missouri for an indictment found against him at this term of this Court for Assault to do Great Bodily Harm, and not depart the same without leave, and also obeyall the orders of said Court which shall be made touching on the premises then the above recognizance to be null and void, otherwise to remain in full force and virtue.
State of Missouri Plaintiff
vs Indictment for Gaming
William L. Daniel Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri, the Defendant by his attorney being also present and for a plea thereof says that he cannot deny but that he is guilty in manner and form as charged against him in said Indictment and neither party requiring a Jury the case is sufrlitted to the Court, and the Court setting as a Jury doth assess a fine against him of the sum of ten dollars. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the aforesaid sum of ten dollars together with her
(continued)
94
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
MAY TERM 1850
p 372 (cont)
costs and charges in this behalf laid out and expended for all of which execution may issue with a capias clause.
Peter Copland Plaintiff
vs Trover
Est. of George Yochum, Deceased Defendant
Now at this day come the Plaintiff in this cause and moves the Court to order a sciri acias to issue from this Court directed to the Sheriff of Taney County returnable to the first day of the next term of this Court against Solomon Yochum and Augustine Yochum the administrators of said estate to shwcause, if any they have, why said suit should not be revived against them and all and singular the premises being seen and fully understood by the Court, it is considered by the Court that said motion be sustained and that said sciri facias be awarded accordingly.
p 373.
James F. Hornbeak Plaintiff
against
John P. Campbell Defendant
Now at this day come the parties respectively by their attorneys and the cause being ready for trial thereupon come a Jury to wit: James H.Stewart 1. Samuel Lee 2. Tapley Daniels 3. Charles McClure 4. E.C. Cook 5. Peter R. Wallis 6. James Simmons 7. E.C. Manning 8. David Steel 9. Wm. G. Perkins 10. Peter Dowell 11 and A.B. Brake 12, twelve good and lawful men duly elected, tried and sworn, after hearing the evidence and
the argument of Counsel by the consent of the parties this cause is continued until the next term of this Court and the said Jury hereof discharged.
Cuthbirth Stump
vs
E.E. Black
Now at this day come the Plaintiff in this cause by leave of the Court files herein his motion in this cause, suggesting a demenution of the record in this cause. And the said motion coming up to be heard and all and singular the premises being seen and by the Court fully understood, it is considered that said motion be sustained and that the Clerk of the Circuit Court of Lawrence County be and he is hereby ordered to send up a perfect transcript of all the records and proceedings in this cause.
p 374/375.
James Rains Plaintiff
vs Civil Action
Jacob Mcperegien and William L. Herrington Defendants
Now at this day come the Plaintiff in this cause and says he will no further prosecute his said suit against the said Jacob Mcperegien but will suffer the same to be dismissed as to him and all and singular the premises being seen and by the Court being fully understood it is considered by the Court that said motion be sustained. And it is also appearing to the satisfaction of the Court here that William L. Herrington has been served with process and having been three times solemnly called come not but make default, and the demand being founded on an instrument of writing-and the amount ascertained thereby the Court do find that the said Defendant is indebted to the Plaintiff in the sum of $384.93 for his debt and $23.54 for his damages for the detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the foresaid debt and damage together with his costs and charges in this behalf laid out and expended for all of which execution may issue.
95
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
MAY TERM 1850
p 375.
Franklin H. Morgan, Calvin Morgan Jr,
and Calvin M. McClung
vs Civil Action
David Johnson and Amasa Maurin Jr.
Now at this day come the Plaintiffs in this cause by their attorney and the Defendant having been three times solemnly called come not but makes default and the Plaintiffs demand being founded on an instrument of writing and the amount ascertained thereby, the Court do find that the said Defendants owe and are justly indebted to the said Plaintiffs in the sum of $1700 for their debt and $30.52 for their damages for the detention thereof. It is therefore considered by the Court that the said Plaintiffs have and recover of and from the said Defendants the aforesaid sum of $1700 debt and $30.53 damages together with their costs in this behalf laid out and expended for all of which execution may issue.
James Arnold et al
Petition for Writ of Adquod Dam Num
Now at this day come the petitioners and file herein their petition praying a Writ of Adquod Dam Num for certain purposes as appear in said petition, and the said petition being by the Court seen and the matters and things therein contained and by the Court fully understood. - It is ordered and adjudged by the Court that the prayer of the petitioners be granted and that said Writ of Adquod Darn Num be awarded to the Sheriff of Greene County requiring said Sheriff to enquire by twelve good and lawful men what damages will accrue if any by reason of the erection of a dam at the height of eight feet on the south side and six feet on the northside of James Fork of White River for the purpose of building a sawmill in Sect 22 in Township 29 Range 20 W at such point on said James Fork of White River as the petitioners shall then and there more specifically designate so that the same be upon the lands of said petitioners as set forth in said petition, to any properties of land, mansion house outhouses cartilages, gardens orchards by mundation consequent upon the erection of said dam, and to what extent ordinary navigation and fish of passage will be obstructed by reason of the erection of said dam and whether and to what extent the health of the neighborhood will be annoyed in consequence of said erection and that said Sheriff return toe verdict of such Jury into this Court on Thursday the 4th day of this Term of this Court, or during the sitting of the same reduced to writing and signed by each of said Jurors.
p 376.
William R. Hyde Petition for
Writ of Adquod Dam Num
Now at this day come the petitioner by leave of the Court and filed herein his petition praying a Writ of Adquod Dam Num for purposes appearing in said petition being by the Court seen and the matters and things therein contained fully understood. It is ordered and adjudged by the Court that the Prayer of the petitioner be granted, and that said Writ of Adquod Dam Num be awarded to the Sheriff of Greene County requiring said Sheriff to enquire by 12 good and lawful men what damages will accrue if any by the erection of said dam according to Law and that he, the said Sheriff, return the verdict of said Jury into this Court on the 4th day of this term of this Court or during the setting of this Court reduced to writing and signed by each of said Jurors.
Matthew Chapman and Rachel A. Chapman, his wife
Stanford Chapman and Drusilla A. Chapman, his wife
James K. Horn and Elizabeth C. Horn, minors by Petition for Partition
Charles A. Haden, their Guardian and
Joseph H. Miller and Elizabeth Miller, his wife, Exparte
(continued)
96
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
MAY TERM 1850
p 376 (continued)
Now at this day come the parties respectively by their attorney, and James K. and E.C. Horn by their guardian, C.A. Haden, and by leave of the Court files herein their petition for partition and assignment of Dower of the following described real estate, to wit: the SE 1/4 of the SE 1/4 of Sect. 33 and the W 1/2 of the SW 1/4 of Sect. 34 and the SE 1/4 and SW 1/4 of Sect 34 in T'wwnship 28 and Lot No. 2 NW fractional 1/4 of Sect 3 Township 27 all in Range 21 W containing 248.37 acres amongst the above named petitioners according to their respective rights, to wit: Elizabeth Miller, wife of Joseph Miller, formerly Elizabeth Horn, widow of Thomas Horn, deceased, and Rachel A. Chapman, the wife of Matthew Chapman, formerly Rachel A. Horn, daughter and heir of the said Thomas Horn, deceased and Drusilla A. Chapman, the wife of Stanford Chapman, formerly Drusilla A. Horn, daughter and heir of said Thomas Horn, deceased and James K. Horn and Elizabeth C. Horn, heirs of the said Thomas Horn, deceased and all and singular the premises being seen and by the Court fully understood, the Court do find that the said Elizabeth Miller, formerly Elizabeth Horn, widow of Thomas Horn, deceased, is entitled to Dower in the above described real estate. It is therefore considered by the Court that Dower be assigned to the said Elizabeth Miller, formerly Elizabeth Horn and widow of Thomas Horn, deceased and that a division of the residue of the above described tracts of land be made amongst the several heirs of the said Thomas Horn, deceased, according to their respective rights and interest therein as found by the Court, to wit: Matthew A. Chaman and Rachel A., his wife, formerly Rachel A. Horn and Stanford Chapman and Drusilla A., his wife, formerly Drusilla A. Horn and James L. Horn and Elizabeth C. Horn are each entitled to onefourth part of the remainder of said tracts of land above described. And it is further considered by the Court that Kindred Rose, William H. Anderson and Joseph Weaver who are by the Court deemed co:petent be and they are hereby appointed Comissioners who shall proceed to view value and appraise all the real estate herein mentioned and to set off said Widow's Dower therein and apportion the residue of said lands, according to quantity and quality amongst the aforesaid heirs according to their respective interests, giving to each, his or her respective share, and that they make a report at the next term of this Court.
p. 377.
Fisher and Bennet Plaintiff
vs Civil Action
D. Johnson, etc Defendants
Now at this day come the Plaintiffs in this cause by their attorney and the Defendants having been three times solemnly called come not but makes default and the demand being founded on an instrument of writing and the amount ascertained thereby, the Court do find that the said Defendants owe and stand justly indebted to the said Plaintiffs in the sum of $407.82 for their debt and $16.41 for their damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the aforesaid damages together with their costs and charges in this behalf laid out and expended for all of which execution may issue.
p 378.
James W. Blakey
against In Chancery
G.P. Sanders
Ordered by the Court that the following issues of fact be made in the above cause to wit:
1st Whether William Sanders made false representations in regard to the quality of the land and whether Blakey informed himself of his ignorance of land in this county.
2nd Whether said Sanders used means to lull the suspicions of Blakey and to induce him to purchase the land. (continued)
97
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
MAY TERM 1850
p 378 (continued)
3rd Whether Sanders made true representations in regard to the lines and whether they examined the soil in the cultivated land and elsewhere, and whether said Sanders requested Blakey to go over the whole tract and examine for himself to which Blakey replied that he was satisfied without going further.
4th Whether there is any rock except the rock mentioned about the spring and springtract.
5th Whether Sanders told Blakey there was one eighty acre of said land well timbered with as good rail timber as was common around the prairie and whether that representation was true or false.
6th Whether Sanders told Blakey there was one 80 acres of the land pretty sapling timber, and whether that representation was true or false, and whether Sanders requested Blakey to examine that tract and he declined doing so.
7th Whether Sanders represented to Blakey that the spring was a never-failing spring and whether that representation was true or false.
8th Whether Sanders represented to Blakey that there was no wet land on the tract, and whether that representation was true or false.
9th Whether Sanders represented that all of the land was as good as the Wolf Grove except 40 acres and whether that representation was true or false.
10th How much is the land worth less than it would be if it were as represented by Sanders to Blakey.
11th How much less is the land worth as subject to the Widow's Dower than it would be free from that incumbrance.
12th How much less is the land worth including half the Wolf Grove, than it would have been had it included all the Wolf Grove as represented by Sanders.
And thereupon came a Jury, to wit: John S. Holland 1. P.C. Isbell 2. Wm. G. Roberts 3. James F. Hornbeak 4. Wm. P. Cox 5. John Campbell 6. R.B. Owen 7. John Lair 8. Eliem Gott 9. Samuel Densmore 10. Samuel Lee 11. Benjamin Beal 12. Good and lawful men duly elected tried and sworn and not having time to try all the issues presented was by the Court discharged under the usual rule of the Court until tomorrow morning at 3 o'clock.
p 379.
State of Missouri
vs Scieri Facias
Pleasant McCullough
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri, the Defendant being also present moves the Court to set aside the forfeit of his recognizance at the last term of this Court, and all and singular the premises being seen and by the Court fully understood, it is considered by the Court that said motion be sustained and that he be hereof discharged and go hence without day. Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri and informs the Court that John Frazier, Henry Swadley and Reuben Trobridge have been subpoenaed to testify before the Grand Jury at this term of this Court and it appearing to the satisfaction of the Court that they have wholly failed to do so. It is considered that an attachment issue directed to the Sheriff of Greene County to bring them forth with before said Grand Jury to testify as aforesaid and to answer for a contempt in disobeying said subpoena.
p 380. Friday morning, 5th day of May Court.
98
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
p 380.
State of Missouri Plaintiff
vs Attachment
Reuben Trobridge Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri the Defendant being also present and the premises being seen and by the Court fully understood, the Court do assess his fine against him in the sum of one dollar. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant the aforesaid sum of one dollar together with her costs and charges in this behalf laid out and expended for all of which execution may issue.
State of Missouri Plaintiff
vs Attachment
John Frazier Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri as well as the Defendant in the attachment and this cause is submitted to the premises being seen and by the Court fully understood doth assign a fine against him of the sum of one dollar. It is therefore considered by the Court that the said State have and recover of and from said Defendant the aforesaid sum of one dollar fine together with her costs and charges in this behalf laid out and expended for all of which execution may issue.
p 381.
State of Missouri Plaintiff
vs Attachment
Henry Swadley Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri as well as the said Defendant and this cause coming on to be heard and all and singular the premises being seen and fully understood the Court doth assess a fine against the said Defendant in the sum of one dollar. It is therefore considered by the Court that the said State have and recover of and from the said Defendant the aforesaid sum of one dollar together with her costs and charges in this behalf laid out and expended for all of which execution may issue.
G.W. Kelley
to Deed
John Delaney
Now at this day come George W. Kelley personally known by the Court to be the same person whose name appears to an instrument of writing purporting to be a Sheriff's Deed of Conveyance and also known to the Court to be the Sheriff of Greene County and acknowledged the same to be his act and deed for the purposes therein mentioned.
G.W. Kelley, Sheriff by P.H. Edwards, Deputy Sheriff
to Deed
John Henry and Edward Cunningham
Now at this day come George W. Kelley, Sheriff by P.H. Edwards who is personally known to the Court to be the same person whose name appears to an instrument of writing purporting to be a Sheriff's Deed and also known to the Court to be Deputy Sheriff of Greene County and acknowledged the same to be his act and deed for the purposes therein mentioned.
D.D. Berry Plaintiff
vs Execution
James P. Akin, John H. Akin, Garnishee
Now at this day come the Plaintiff in this cause by his attorney and it appearing by
(continued)
99
GREENE COUNTRY, MISSOURI, CIRCUIT COURT CASES
Book C.
MAY term 1850
p 381 (continued)
the answer of the said Garnishee that he has in his hands the sum of fiftyfour dollars due to James P. Akin. It is considered by the Court that the said John W. Akin be allowed one dollar for his trouble about making his answer in this cause and that he retain the same together with the other costs in this behalf expended and that he pay over the residue to the said Daniel D. Berry. It is therefore considered that the said D.D. Berry have and recover of and from the said John H. Akin fifty dollars for all of which execution may issue.
p 382 through 389 skipped over in Book.
p 390.
James W. Blakey
vs In Chancery
G. P. Sanders, Exec.
Now at this day came the parties aforesaid by their respective attorneys and the Jury Impannelled on yesterday being also in Court and thereupon the Complainant withdrew so much of said Bill as charged that the said William Sanders could not make title to a portion of the land mentioned in said Bill and abandoned all claim of damage for said defective title, and after hearing the evidence and argument of Counsel returned into Court the following verdict "We the Jury find for the Plaintiff on the various issues as follows:
1st Sanders did make false representations to Blakey respecting the tract of land.
2nd Sanders did use means to bill the suspicions of Blakey and induce him to purchase the land without seeing it.
3rd Sanders did make representations respecting the lines, the soil on the average eighty was examined but nowhere else. Sanders did not request Blakey to examine the whole tract of land.
4th There is more rock on the land than was represented by Sanders.
5th Sanders did tell Blakey that there was one eighty of land which contained as good rail timber as was common round the Prairie. Not true.
6th Sanders did tell Blakey that one eighty of land was covered with pretty sapling timber. Not true. Nor did Sanders request Blakey to examine the same.
7th Sanders did represent the spring as never failing. Not true.
8th There was more wet land on the tract than Sanders represented.
9th Sanders did represent all the land to be as good as the Wolf Grove (except 40 acres). Not true.
10th The whole tract of land is worth twelve hundred dollars less than it would have been had it filled Sanders representations to Blakey.
11th The tract of land is worth six hundred and sixtysix dollars less in consequence of the widow's dower in the same.
12th This issue is found in number 10. P.C. Isbell, foreman.
p 391. Saturday Morning June 1st 1850.
H & R.B. Whitmore Plaintiff
vs Civil Action
D. Johnson and Co. Defendants
Now at this day come the Plaintiff by his attorney and the Defendants having been three times solemnly called come not but makes default and the demand being founded on a book account and the amount ascertained thereby the Court do find that the Defendants owe and are indebted to the Plaintiffs in the sum of $227.54. It is therefore considered by the Court that the said Plaintiffs have and recover of and from the said Defendants the aforesaid sum of $227.54 together with their costs and charges laid out and expended for all of which execution may issue.
100
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
MAY Term 1850
p 392.
State of Missouri Plaintiff
vs Indictment for Selling Liquor (Whiskey)
William Webb Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri, the Defendant in his own proper person being also present, and for a plea thereof says that he cannot deny but that he is guilty in manner and form as charged against him in said Bill of Indictment, and all and singular the premises being seen and by the Court fully understood the Court doth assess a fine against him of the sum of one dollar. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the aforesaid sum of one dollar together with her costs and charges in this behalf laid out and expended for all of which execution may issue.
p 392.
State of Missouri Plaintiff
vs Attachment
William J. Trowbridge Defendant
Now at this day come the Circuit Attorney who prosecutes for the State of Missouri and the Defendant in his own proper person being also present and all and singular the premises being seen and by the Court fully understood. The Court do find that the said Defendant has been guilty of a contempt to this Court in refusing to obey the process thereof for which contempt it is ordered by the Court that he be confined in the Jail of the County of Greene for the space of five days and that he remain in the custody of the Sheriff until he pays the costs in this behalf expended. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant her costs and charges in this behalf expended and that execution issue with a clause of capias for the same.
John Groves Plaintiff
vs Appeal J.P.
Samuel McDaniel Defendant
Now at this day come the respective parties in this cause by their attorneys and neither party requiring a Jury this cause is submitted to the Court and the Court sitting as a Jury do find that the Defendant is indebted to the Plaintiff in the sum of seven dollars and fifty cents. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant and his securities in his appeal bond the aforesaid sum of $7.50 together with his costs and charges in this behalf laid out and expended for all of which execution may issue.
p 393.
State of Missouri Plaintiff
vs Indictment for Playing Cards on Sunday
Enoch Herrington Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri and the Defendant by his attorney and for a plea thereof says that he cannot deny but that he is guilty in manner and form as he is charged in the said Bill of Indictment and all and singular the premises being seen and by the Court fully understood the Court doth assess a fine against him of the sum of one dollar. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the aforesaid sum of one dollar together with her costs and charges in this behalf expended for all of which execution may issue.
101
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
MAY Term 1850
p 393.
State of Missouri Plaintiff
vs Indictment for Playing Cards on Sunday
John Gott Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri and the Defendant by his attorney and for a plea thereof says that he cannot deny but that he is guilty in manner and form as he is charged in the said Bill of Indictment and all and singular the premises being seen and by the Court fully understood the Court doth assess a fine against him in the sum of one dollar. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the aforesaid sum of one dollar together with her costs and charges in this behalf expended for all of which execution may issue.
James W. Blakey
vs In Chancery
Griffin P. Sanders, Exec of
William Sanders, Deceased.
Now at this day come again the parties by their respective attorneys and this cause coming on for hearing on Bill answer and replication, the verdict of the Jury having been returned into Court upon the issues submitted to them by the order of the Court and it appearing from all the evidence introduced by the parties and finding of the Jury that the said bonds and judgments thereon mentioned in said bill, were the balance of the consideration for the purchase of the lands specified in said bill and that by reason of the false representations of William Sanders the said complainant sustained damage to an amount comensurate with the amount of the said bond for twelve hundred dollars and said Judgment therefor which ought to be set off against, and to extinguish tbe same from time said bond for twelve hundred dollars become due. So that no interest ought to accrue thereon. And it further appearing from the evidence and finding of the Jury, that the said bond for two hundred dollars and ninetyfour dollars and fortyfour onehundredths and said Judgment therefor and the interest that grew due on the same up to the death of the said William Sanders which was a short time before the May Term of this Court in the year of 1844 amounts to the sum of four hundred and sixtythree dollars and ninety cents at which time in consideration of the right of dower accruing to the widow of William Sanders the interest on said last mentioned Judgment ought to stop. And the said finding of the Jury of sixhundred and sixtysix dollars in consideration of said right of dower ought to be set off against and extinguish said last mentioned Judgment. It is therefore ordered adjudged and decreed by the Court due deliberation being had that said complainant receive of and from said G.P. Sanders, exec, as aforesaid the said sums found by the Jury of one thousand eight hundred and sixtysix dollars and that the same be set off against and extinguish said Judgments so that the said Judgments be considered as fully satisfied and discharged and that the said complainant recover of and from the said G.P. Sanders as exec, as aforesaid and the residue of $202.00 be paid out of the estate of William Sanders. It is further ordered, adjudged and decreed that said G.P. Sanders, exec., as aforesaid and all others be forever and perpetually enjoined and restrained from ever proceeding to collect said Judgment or either of them and that complainant recover his costs.
p 394.
State of Missouri Plaintiff
vs Attachment
William J. Trobridge Defendant
Now at this day comes the Defendant by his attorney, J.W. Barker and moves the Court to commute the punishment of imprisoning the Defendant five days and assess a fine commensurate with his crime against him. And all and singular the premises being seen and fully understood, it is considered by the Court that said motion be sustained and that
(continued)
102
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
MAY Term 1850
p 394 (continued)
said imprisonment be commuted and that a fine of five dollars be assessed against him. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant the aforesaid sum of five dollars together with her costs and charges in this behalf expended and that the said Defendant remain in the custody of the Sheriff of Greene County until all of said fine and costs are paid.
Monday Morning 3 June 1850
Joseph Perham Plaintiff
vs Appeal J.P. Action on Note of $26.00
Joseph Jones
And now at this day come the said parties by their respective attorneys and thereupon come a Jury, to wit:
David Roper 1. Melitian Townsend 2. Cicero MoGinty 3. Caleb Cartel 4. John H.Gibson 5. W.H. Graves 6., six good and lawful men duly elected,tried and sworn well and truly to try the issue joined returned into Court the following verdict "We the Jury find the issue for the Plaintiff and assess the damage at three dollars." It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of three dollars together with his costs and charges in this behalf laid out and expended for all of which execution may issue.
p 395.
State of Missouri, to the use of John H. Howard
vs Debt on Bond
Stanford B. McLernon, William Harrissen, Macom Mclernon
Now at this day come the parties in this cause by their respective attorneys and thereupon come a Jury to wit: Charles T. Drumright 1. Joseph Jones 2. R.B. Edmondson 3. William L. Daniels 4. William Massey 5. John H. Miller 6. William H. Sewell 7. D.D. Martin 8. Wilson Hackney 9. Hugh Stewart 10. Peter R. Wallis 11. Samuel Lee 12. Twelve good and lawful men duly elected tried and sworn well and truly to try the issue joined after hearing the evidence of the witnesses returned into Court the following verdict, to wit: "We the Jury find the issues for the Plaintiff and assess the damage of John H. Howard at the sum of $226." It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Stanford B. McLernon, William Harris, sen., and Macom McLernon the aforesaid sum of $1000 Debt and together with his costs and charges in this behalf laid out and expended for all of which execution may issue, for the damages so assessed as well as costs.
Jacob Bodenhamer Plaintiff
vs Attachment
James P. Akin Defendant
Now at this day come the Plaintiff in this cause by his attorney and shows to the Court that he has commenced a suit against the debt by attachment in the Greene Circuit Court for the sum of _________ and that the said Defendant cannot be summoned and that his property has been attached to satisfy said debt, damage and costs and the said Defendant having failed to appear and answer the action of the Plaintiff during the present term
of this Court. It is therefore ordered by the Court that the said Defendant be notified by publication that unless he be and appear at the next term of this Court to be hold at the Court House in the city of Springfield on the 5th Monday after the 4th Monday in October next (1850) and on or before the third day of that term, Judgment will be rendered against him and his property sold to satisfy the same.
103
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
MAY Court 1850
p 395/396.
This day was exhibited the report of a Jury summoned by the Sheriff of Greene County by virtue of a Writ of Adquod Damnum at the suit of James Arnold, et. al, ordered to issue from this Court requiring said Sheriff to summon such Jury to make return at this term of this Court of the damages and any person would sustain in consequence of the erection of a dam across James Fork of White River in Sect 22 T'ownship 29 Range 20 which verdict is as follows "We the Jury sworn to examine the Mill Site as prayed for in the petition of James Arnold, etal, after having viewed the proposed place of erecting a saw mill and the premises being seen and by us fully understood, make the following report:
1st We the Jury do not believe that by the erection of said dam any person will sustain any damage by reason of inundation or overflow consequent upon the erection of said dam.
2nd We do not believe that any mansion house couthouses, etc., will be overflowed. We do not believe that it will materially affect the passage of fish. We do not believe the health of the neighborhood will be materially annoyed by or in consequence of such erection.
It is therefore considered by the Court that the said James Arnold, et al, be permitted to erect their said dam on the premises above described as well as their said machinery according to the prayer of the petition of the said Arnold, et al, and that they pay the costs of the same for all of which execution may issue.
p 396.
This day was exhibited the report of a Jury summoned by the Sheriff of Greene County by virtue of a writ of Adquod Damnum at the suit of William R. Hyde ordered to issue from this Court requiring said Sheriff to su'mon such Jury to make return at this term of Court of the damages that any person would sustain in consequence of the erection of a dam across a small stream in the NW 1/4 of the NW 1/4 of Sect 27 Township 29 Range 20, which verdict is as follows, to wit: We the Jury sworn to examine the Mill Site as prayed for in the petition of William R. Hyde after having viewed the proposed place of erecting a grist mill and the premises being seen and by us fully understood make report as follows:
First We the Jury do not believe that by the erection of said dam that any person will sustain any damage by reason of inundation overflow consequent upon the erection of said dam.
Second We do not believe that any mansion house or outhouses, etc., will be injured or overflowed. We do not believe it will materially affect the passage of fish. We do not believe that the health of the neighborhood will be annoyed in consequence of such erection.
It is therefore considered by the Court that the said petitioner be permitted to erect his said dam and machinery on the premises above described and that he pay the costs of the same, for all of which execution may issue.
James McCoy Plaintiff
vs Civil Action
D. Johnson and Co. Defendants
Now at this day come the Plaintiff in this cause and the Defendants having been three times solemnly called come not but make default and the amount being founded on a Book Account and the amount ascertained thereby, the Court do find that the said Defendants owe and are justly indebted to the said Plaintiff in the sum of eight dollars and twenty five cents debt. It is therefore considered by the Court that said Plaintiff have and recover of and from the said Defendants the aforesaid debt together with his costs and charges in this behalf laid out and expended for all of which execution may issue.
104
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
MAY Term 1850
p 396/397.
Miller and Young Plaintiff
vs Civil Action Note and Book A/C
Hyatt Sanford Defendant
Now at this day come the Plaintiffs in this cause by their attorney and the Defendant being three times solemnly called came not but makes default and the demand being founded on instruments of writing and the amount ascertained thereby the Court do find that the said Defendant owes and is indebted to the said Plaintiffs in the sum of $390.70. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $390.70 together with their costs and charges in this behalf laid out and expended for all of which execution may issue.
p 397/398.
John W. Ruyle Plaintiff
vs Attachment
Larkin H. Blake Defendant
Now at this day come again the parties by their attorneys and the issue on the plea in abatement coming on to be heard, thereupon canm a Jury, to wit: William Townsend 1. Tapley Daniel 2. Thomas D. Childress 3. Wilson Hackney 4. Militian Townsend 5. John Hunt 6. Six good and lawful men duly elected tried and sworn well and truly to try the issue joined after hearing all the evidence and the argument of the Counsel in the case return into Court the following verdict "We the Jury find the issue in favor of the Plaintiff." It is therefore considered by the Court that said cause proceed.
p 398/399.
R.J. McElhaney
vs Petition for Partition
Joseph Burden
Now at this day come the petitioner by his attorney and the petition and the matters and things therein contained coming on to be heard, and the same being seen and by the Court fully understood, and it appearing to thc Court that said Defendant has not according to law and the practice of this Court either plead, answered or demurred, after appearance and leave of the Court for such purpose but suffers the same to go undefended. It is therefore considered by the Court that the said petition and the matters and things therein contained be taken as confessed, that the said Plaintiff have and recover of and from the said Defendant onehalf of the said promises as is prayed for in said petition, to wit: beginning at the NW corner of Lot No. 30 in Block No. 10 in the first tier of lots as laid down on the Plat of said Town, thence East 40 feet 2 inches, thence South to the corner of a lot formerly owned by L.F. Fream and now owned by William McAdams, thence West thirteen feet four inches, thence South eight feet, thence West to Patton's Alley, thence North to the beginning, and that John H. Miller, Warren H. Graves and G.P. Shackleford be and they are hereby appointed comissioners to view and make partition of said premises according to the respective rights of the said parties and if partition of the same cannot be made in kind without great injury to the parties that they report to the next term of this Court.
p 399.
A. Tappan, etc
vs Assumpsit
John S. and Mary Phelps
Now at this day come the respective parties by their attornies and neither party requiring a Jury this cause is submitted to the Court and the demand being founded on Book Accounts and the amounts ascertained thereby the Court sitting as a Jury do find that the said Defendants did undertake and promise to pay to the said Plaintiffs the sum of
(continued)
105
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
MAY Term 1850
p 299 (continued)
$636 and that by reason of the non-payment thereof the said Plaintiffs have sustained damage to the amount of $636. It is therefore considered by the Court that said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $636 together with their costs and charges in this behalf expended for all of which execution ay issue.
END OF MAY 1850 TERM.
106
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