Springfield-Greene
County LibraryNovember Term 1843
p 346. Monday morning, November 13th 1843.
Court met persuant to adjounment.
Present - The Honorable Charles S. Yancey Judge, James H. McBride Circuit Attorney, Joshua Davis Clerk, Thomas B. Neaves Sheriff.
Now at this day came Thomas B. Neaves, Sheriff, within and for the County of Greene and returned here into Court the following venire of Grand Jury, to wit: Joseph Rountree, foreman 1. John L. Casebolt 2. Edward Thompson 3. John P. Alsup 4. Joseph Jones 5. John Bell 6. Matthew Sims 7. John Gibson 8. Peter Jump 9. Robert W. Sims 10. Thomas W. Gray 11. Joseph T. Morton 12. Erastus M. Murray 13. R.P. Haden 14. James C. Turner 15, fifteen good and lawful men elected tried and sworn, received a charge from the Court and retired to consider of their verdicts.
Causes:
John Scott, et al vs Elijah Skidmore - Trespass - filed motion.
Elijah Skidmore vs John Scott et al - Trespass - Files his motion.
State of Missouri vs Wm. C. Jones - Recognizance - files his motion.
State of Missouri vs Samuel Smith - Recognizance - files his motion
James Ellison vs Thomas Jessup and others - Cause continued to next term.
99
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
November Term 1843.
p 347. Tuesday Morning November 14th.
Causes - continued.
State of Missouri vs Samuel Smith - Recognizance to keep the Peace. Defendant released from his said recognizance. Go hence without day.
State of Missouri vs Wm. C. Jones - Recognizance to keep the Peace. Defendant released from his said recognizance. Go hence without day.
John Scott et al vs Elijah Skidmore - Trespass. Court says cause dismissed. Defendant have costs.
p 348.
John Scott and others Plaintiff
vs Trespass
Elijah Skidmore Defendant
Motion to render Judgment against Charles Callen security for costs in this cause. And now at this day came the parties in the above cause by their respective attorneys and the motion filed on yesterday being heard, and it appearing to the satisfaction of the Court that Charles Cal len the security for Plaintiff for costs in the above cause has been duly notified that a motion would be made against him on the first day of the present term of this Court to render Judgment against him for the costs which were adjudged against the said Plaintiff at the last term of this Court. It is therefore considered by the Court that the said Defendants have and recover of said Charles Cal len the amount of costs adjueged against the said Plaintiff at the last term of this Court and that execution issue therefor.
State of Missouri Plaintiff
vs Gaming
A.L. Yarbrough Defendant
Now at this day came the Circuit Attorney and said he will no further prosecute his said suit but suffers the same to be dismissed. It is therefore considered by the Court that said State of Missouri take nothing by her said Writ, that the Defendant be discharged and go hence without day.
State of Missouri Plaintiff
vs Gaming
James Farrier Defendant
Now at this day came James H. McBride who prosecutes in behalf of the State of Missouri and says he will no further prosecute his said suit and voluntarily suffers the same to be dismissed. It is therefore considered by the Court that the said State of Missouri take nothing by her said Writ and that the Defendant be discharged and go hence without day.
N.R. Smith vs Moses Bean - Defendant files his demurer.
p 349.
State of Missouri vs James Jeffries - Recognizance to keep the Peace. Defendant files motion for dismissal.
State of Missouri vs Jas. Jeffries and others - Recognizance. Motion by Court that Defendant be released of Recognizance, be discharged and go hence without day.
Joseph Weaver Plaintiff
vs Debt
L.H. Sims and R.J. McElhaney Defendants
Now at this day came the parties aforesaid in this cause by their respective attorneys and the Defendants says they cannot deny but that they are justly indebted to the said Plaintiff in the sum of $300 Debt also the sum of $16.50 Damages which demand is founded
(continued)
100
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
November Term 1843
p 349 (continued)
on an instrument of writing and the amount ascertained thereby. It is therefore considered by the Court that the said Plaintiff have and recover of and from said defendants the aforesaid $300 debt and also $16.50 damages and costs in this his said suit expended for all of which execution may issue.
p 350.
Daniel D. Berry Plaintiff
vs Debt
Leonard H. Sims Defendant
Now at this day came the Defendant by his attorney and says he cannot deny but that the said Defendant owes and stands justly indebted to the said Plaintiff in the sum of $45.47 debt and 1¢ for his damages for the detention thereof and the demand being founded on an account and the amount ascertained thereby. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant the aforesaid sum of $45.47 for his debt and also the sum of 1¢ for his damages with 10% interest from the rendition of this judgment together with his costs in this behalf laid out and expended for all of which execution may issue.
State of Missouri vs Thomas H. Scott - Recognizance to keep the Peace - Defendant filed his motion.
State of Missouri vs Thomas H. Scott - Recognizance to keep the Peace - Court considers motion be sustained. Discharged from Recognition
State of Missouri vs J.L.C. Huddleston - Larceny - Cause continued until next term.
State of Missouri vs Levi Baker - Shooting - Cause continued until next term.
p 351.
James F. Hornbeak Plaintiff
vs Attachment
Fendal C. Cason Defendant
Now at this day came the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the said Defendant cannot be summoned and that his property and effects are attached and the Defendant not having appeared and answer the Plaintiff at the return term of the writing on motion of the Plaintiff it is ordered by the Court that publication be made notifying him the said Defendant that an action of Debt has been commenced against him by attachment for the sum of $215.34 and that his property has been attached and that unless he appear at the next term of this Court and on or before the third day thereof Judgment will be rendered against him and his property sold to satisfy the same - and it is further ordered that the said notice be published in some newspaper in this state for four weeks successively and that the last insertion be at least three weeks before the next term of this Court.
R.H.N. Saunders Plaintiff
vs Attachment
F.C. Cason Defendant
Now at this day came the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the said Defendant cannot be summoned and that his property has been attached and the Defendant not having appeared and answered the Plaintiff at the return term of the Writ on motion of the Plaintiff it is ordered by the Court that publication be made notifying him the said Defendant that an action of Debt has been commenced against him by attachment for the sum of $550, that his property has been attached and that unless he appear at the next term of this Court and on or before the third day thereof Judgment will be rendered against him and his property sold to satisfy the same. And it is further ordered that said notice be published in some newspaper in the State
(continued)
101
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
November Term 1843
p 351 (continued)
for four weeks successively and that the last insertion be at least three weeks before the next term of this Court.
State of Missouri vs Conrad and Lewis Hospes - Sabbath Breaking - Motion to quash said indictment.
p 352.
Robert H.W. Saunders Plaintiff
vs Attachment
Fendel C. Cason Defendant
Now at this day came the Plaintiff in this cause by his attorney and it appearing to the satisfaction of the Court that said Defendant cannot be summoned and that his property and effects are attached and the Defendant not having appeared and answered the Plaintiff at the return term of this Writ, 6n motion of the Plaintiff it is ordered by the Court that publication be made notifying him the said Defendant that an action of assumpsit has been commenced against him by attachment for the sum of $216, that his property has been attached and that unless he appear at the next term of this Court and on or before the third day thereof Judgment will be rendered against him and his property sold to satisfy the same. And it is further ordered that the same be published in some newspaper in this State for four weeks successively, the last insertion to be at least three weeks before the next term of this Court.
N.R. Smith vs Moses Bean - Defendant filed his demurer.
Joseph F. Morton vs Fendal C. Cason - Attachment - Plaintiff moved Court for leave to file his allegationsand interrogatories in this case.
State of Missouri Plaintiff
vs Sabbath Breaking
William Hospes Defendant
This day came the State of Missouri by James H. McBride who prosecutes in behalf thereof and the Defendant in his own proper person who being charged upon the said Bill of Indictment for a plea thereto says he is not guilty and puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: Guien Leeper 1. John W. McCall 2. William Folden 3. Daniel Payne 4. John S. Kimbrough 5. Henry King 6. John Moore 7. Wm. Smith 8. Achilles Smith 9. R.M. Langston 10. William H. Irason 11. Jabez Townsend 12, twelve good and lawful men elected tried and sworn well and truly to try the issue after hearing the evidence returns the following verdict: "We the Jury cannot agree", and by mutual consent the Jury was discharged by the Court.
p 353.
State of Missouri vs John Dixon - assault with intent to kill - cause continued.
James W. Blakey vs William Sanders - Debt. - Defendant filed motion to quash.
G.P. Shackleford Plaintiff
vs Appeal J.P.
William P Henderson & Thomas Lawrence Defendants
Now at this day came the Plaintiff by his attorney and the Defendants having three times solemnly called came not but makes a default. The demand having been founded on an instrument of writing and the amount ascertained thereby the Court do find that the said Defendants owes and stands justly indebted to the said Plaintiff in the sum of $71.98 debt and $7.85 damages for the detention thereof. It is therefore considered by the
Court that said Plaintiff have and recover of and from said Defendants the aforesaid sum of $71.98 Debt and $7.85 for his damages together with his costs in this behalf laid out and expended and said Plaintiff agrees that no execution issue until the fourteenth day of May next (1844).
102
GREENE COUNTY, MISSOURI,CIRCUIT COURT CASES
Book B.
November Term 1843
p 353.
Henry King vs Achilles Smith - Appeal J.P. - Defendant files his motion
Joshua Jones vs J.G. Hammons - Debt - Plaintiff files his motion.
p 354.
N.R. Smith vs Moses Bean - Trover - Defendant files his motion
N.R. Smith vs Moses Bean - Trespass - Defendant files motion to rule Plaintiff for security for costs.
John Machin vs James T. Sanders and William Sanders - Attachment. Now at this day came John S. Phelps as amicus curiae and suggests to the Court the death of William Sanders one of the Defendantsin said cause.
Thomas J. Clark Plaintiff
vs Attachment
William Sanders Defendant
Now at this day came John S. Phelps as amicus curiae and suggests to the Court the death-of William Sanders the Defendant in said cause.
James Ellison vs Thomas Jessup and others - Debt - Replication filed to special pleas of Defendants filed at last term.
p 355.
James Ellison vs Elbert Martin and others - Similiters to General Issue and replications filed to the SpecialPleas of Defendants.
James Ellison vs John H. Kershner and others - Debt - Similiters to General Issue and replications filed to the Special Pleas of Defendants.
State of Missouri Plaintiff
vs Larceny
J.L.C. Huddleston Defendant
Now at this day came the Circuit Attorney who prosecutes in behalf of the State of Missouri and moves the Court for an attachment against Peter Apperson and for good cause shown said motion is sustained by the Court. It is ordered by the Court that the Clerk of-this Court issue an attachment against said Peter Apperson directPd to the Sheriff of Greene County, commanding him to take the body of the said Peter Apperson and him safely keep so that he have him before the Judge of the Greene Circuit Court on the first day of -the next term thereof to show cause why he should not be dealt with as for a contempt in disobeying process and not without leave of the Court.
State of Missouri Plaintiff
vs Assault with intent to kill
John Dixon Defendant
Now at this day came the Circuit AttorneV who prosecutes in behalf of the State of Missouri and moves the Court to award an attachment against Isaac Jul ian and for good cause shown said motion is sustained by the Court and it is ordered by the Court that the Clerk of this Court issue an attachment against said Isaac Julian and him safely keep so that-he have him before the Judge of the Greene Circuit Court on the first day of the next term thereof to show cause why he should not be dealt with as a contempt in disobeying process and not depart the same without leave of the Court.
103
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B
November Term 1843
p 355.
State of Missouri Plaintiff
vs Gaming
Jonathan Bralley Defendant
Now at this day came the Circuit Attorney who prosecutes on behalf of the State of Missouri and moves the Court to award an attachment against James Lee and after deliberation had thereon, it is considered by the Court that said motion be overruled.
p 356.
William Sanders vs James W. Blakey - Execution - Plaintiff files motion to amend execution issued.
State of Missouri vs Lewis Hospes and others - Sabbath Breaking - Motion overruled to quash indictment.
N.R. Smith vs M. Bean - Trover - Motion sustained for Plaintiff amend his declaration.
State of Missouri vs Conrad Hospes - Selling liquor - Continued.
State of Missouri Plaintiff
vs Selling liquor
Conrad Hospes Defendant
Now at this day came the Circuit Attorney and moves the Court to award an attachment against James McElhanon and John McElhanon and for good cause shown an attachment is awarded against the said James McElhanon and John McElhanon directed to the Sheriff of Greene County corrrnanding him to take the bodies of the said James McElhanon and John McElhanon and them safely keep so that they be and appear before the Judge of the Greene Circuit Court on the first day of the next term of this Court to show cause why they shall not depart with as for a contempt and not depart the same without leave thereof.
p 357.
State of Missouri Plaintiff
vs Sabbath breaking
Lewis Hospes and others Defendants
Now at this day came the Circuit Attorney who prosecutes in behalf of the State of Missouri and moves the Court to award an attachment against John and James McElhanon and for good cause shown an attachment is awarded against the said John McElhannon and James McElhanon directed to the Sheriff of Greene County commanding him to take the bodies of the said John McElhanon and James McElhanon and them safely keep so that they be and appear before the Judge of the Greene Circuit Court on the first day of the next term of this Court to show cause why they shall not depart the same without leave.
Constantine Perkins Appellant
vs Appeal
John Mackey Appellee
Now at this day came the Appellant by his attorney and moves the Court to grant a rule requiring the Justice to amend the record filed in this cause and for good cause shown said motion is sustained by the Court. It is further ordered that a rule is granted requiring the said Justice William G. Summers to amend said record returnable at the next term of this Court.
Kindred Rose Plaintiff
vs Appeal J.P.
Peter Apperson & Eli Harlin Defendants
Now at this day came the Plaintiff in this cause by his attorney and the Defendants having been three times called came not but made default and the demand being founded on an instrument of writing and the amount ascertained thereby the Court finds the
(continued)
104
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
November Term 1843
p 357 (continued)
Defendants owe and stands justly indebted to the said Plaintiff in the sum of $13.50 for his debt and $1.06 and three fourth for his damages. It is therefore considered by the Court here that the said Plaintiff have and recover of and from the said Defendants the aforesaid sum of $13.50 debt and $1.06 and three fourths damages and interest at the rate of 10% per annum together with his costs in this behalf laid out and expended for all of which execution may issue.
Silas Grantham vs Jerome G. Hammond - Attachment - Court sustained motion by Plaintiff for allegations and interrogations in cause.
p 358.
George McElhanon Plaintiff
Rachel 0. McElhanon
vs Debt
L. Hendrick Defendant
Now at this day came the Plaintiffs by their attorney in this cause and the Defendant in his own proper person says he cannot deny but that he owes and stands justly indebted to the said Plaintiffs in the sum of $357.76 for their debt and $55.04 damages. It is therefore considered by the Court that the Plaintiffs in this cause have and recover of and from the said Defendant the aforesaid sum of $357.76 debt and $55.04 damages and interest at the rate of 10% per annum together with their cost in this behalf laid out and expended for all of which execution may issue.
Bank of the State of Missouri Plaintiff
vs Debt
John P. Campbell Defendant
Now at this time came the Defendant by his attorneys and his motion to withdraw the deposition of Henry Shurlds filed in this cause having been taken up and deliberation had thereon. It is considered by the Court that the said motion be overruled.
C.W. McCullock Plaintiff
vs Trespass
John W. Ball Defendant
Now at this day came the parties by their attorneys and the Plaintiffs attorney says he will no further prosecute his said suit but suffers the same to be dismissed and by agreement of parties it is considered by the Court that the same be dismissed at the costs of the Defendant that the said Plaintiff have and recover of said Defendant his
costs in this behalf laid out and expended and that execution issue therefor.
p 359.
William Folden vs John Lair - Cause continued.
Silas Grantham vs J.G. Hammond - Attachment - Plaintiff filed his allegations and interrogatories.
William L. Herrington vs Ruth Leeper and Guien Leeper - Petition in Debt - Defendants filed plea of the General Issue.
State of Missouri Plaintiff
vs Assault with an intent to commit manslaughter
Ennis Dixon Defendant
Now at this day came the Circuit Attorney who prosecutes in behalf of the State of Missouri and the Defendant in his own proper person who being charged on the said Bill of Indictment, and for a plea thereto says he is not guilty in manner and form as charged in said Indictment and puts himself upon the County and the Circuit Attorney
(continued)
105
GREENE COUNlY, MISSOURI, CIRCUIT COURT CASES
Book B.
November Term 1843
p 359 (continued)
doth the like and thereupon came a Jury, to wit: William Latem 1. Jacob Proctor 2. Thomas H. Blanchard 3. Wilson King 4. David Wallis 5. Isaac Cottrell 6. Jacob Ramey 7. James F. Hornbeak 8. William McFarland 9. William Folden 10. William Tatem Jr 11. John Lair 12. Twelve good and lawful men elected tried and sworn, after hearing the testimony do say "We of the Jury do find the Defendant Ennis Dixon guilty in manner and form as charged in the indictment and do assess a fine of $10. " 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 $10 together with her costs in this behalf laid out and expended for all of which execution may issue.
p 360.
Bank of the State of Missouri vs John P. Campbell - Assumpsit - Defendant files motion to- suppress deposition of Henry Shulds and Andrew Eliott
William Sanders vs James W. Blakey - Execution - Motion overruled to amend the execution in said cause.
William Sanders vs James W. Blakey - Execution - Motion to Quash said Execution sustained. Causequashed.
John Toller vs Levi Baker - Assumpsit - Plaintiff says he will no further prosecute his said suit.
p 361.
The Bank of the State of Missouri vs John P. Campbell - Assumpsit - Motion overruled to suppress
deposition of Andrew Eliott and H. Shurlds.
Joshua Jones Plaintiff
vs Petition in Debt
Robert J. McElhaney Defendant
Now at this day came the Plaintiff by his attorney and the Defendant in his own proper form who says he cannot deny but that he owes and stands justly indebted to the said Plaintiff in the sum of $158.89 Debt and $10.59 Damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from said Defendant the afore said sum of $158.89 debt and $10.59 damages together with interest at 10% per annum together with his costs laid out and expended. Execution be stayed until the 16th day of May 1844.
Charles A. Haden Plaintiff
vs Appeal J.P.
Joel Phillips Defendant
Now at this day came the Plaintiff by his attorney and the Defendant having been three times called comes 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 Defendant owes and stands justly indebted to the Plaintiff in the sum of $46.07 Debt and $5.04 for his damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $46.07 Debt and $5.04 for his damages together with his costs in this behalf laid out and expended for all of which execution may issue.
p 361/362.
J.B. Lusk & E.G. Hill adm, etc Plaintiff
vs Appeal J.P.
A.H. Bryan and Levi Stites defendants
Now at this day came the Plaintiffs in said cause by their attorneys and the Defendants having been three times solemnly called came not but made default the demand being
(continued)
106
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
November Term 1843
p 361/362 (continued)
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 Plaintiffs in the sum of $22.80 for their Debt and $1.48 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 A.H. Bryan and Levi Stites and Aaron Neff, security in the Appeal Bond the aforesaid sum of $22.80 Debt and $1.48 damages together their costs in this behalf laid out and expended and that they have thereof execution.
p 362.
John Lair Plaintiff
vs Appeal J.P.
Joseph Burden Defendant
Now came the parties by their respective Attorneys and the Defendant says he will no further prosecute his said appeal but voluntarily suffers the same to be dismissed. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant his costS in this behalf laid out and expended and that he have -
execution therefor, and that the papers be remanded to the Justice.
H. Mullings & E. Headlee Exos etc Plaintiffs
vs Attachment
Alred E. Wilson Defendant
Now at this day came the Plaintiffs in this cause by their attorney and it appearing to the satisfaction of the Court that the Defendant cannot be summoned and that his property and effects has been attached and the Defendant not having appeared and answered the Plaintiff at the return term of the Writ, on motion of the Plaintiff it is ordered by the Court that Publication be made notifying him the said Defendant that an action of Debt has been commenced against him by attachment for the sum of $120 that his property has been attached and that unless he appear at the next term of this Court and on or before the third day thereof Judgment will be rendered against him and his property sold to satisfy the same. And it is further ordered that the same be published in some newspaper in this state four weeks successively the last insertion to be at least three weeks before the next term of this court.
Elijah Skidmore Plaintiff
vs Trespass
John Scott et al Defendant
Now at this day came the Plaintiff in this cause and by leave of the Court files his motion to arrest the Judgment rendered against Charles Callen at this term of this Court.
p 363.
Elijah Skidmore vs John Scott et al - Trespass - Plaintiff filed his motion to set aside Judgment againstCharles Callen.
The bank of The State of Missouri vs John P. Campbell - Assumpsit - Defendant filed motion forcontinuance. Court overruled.
Abner Pillow Plaintiff
vs
John Weaver Defendant
Now at this day came the parties by their respective attorneys and thereupon came a Jury to wit: Joseph D. Haden 1. John C. Farmer 2. William H. Bedford 3. Peter Wallan 4. Lazarus Nichols 5. David Wallis 6. Joseph Farrier 7. William Thwnsend 8. Joseph Simmons 9. L.A. Rountree 10. John R. Guinn 11. Benj. S. Lane 12, twelve good and lawful men elected tried and sworn. And the Plaintiff says he will no further prosecute his said suit but suffers the same to be dismissed. It is therefore considered by the
(continued)
107
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
November Term 1843
p 363 (continued)
Court that the said Defendant have and recover of and from the Plaintiff his costs in this behalf laid out and expended for all of which execution may issue.
p 364.
The Bank of the State of Missouri Plaintiff
vs Assumpsit
John P. Campbell Defendant
This day came the parties aforesaid by their respective attorneys and neither party requiring a Jury the cause is submitted to the Court. The Court sitting as a Jury finds that the Defendant did undertake and promise in manner and form as the Plaintiff has declared and that the Plaintiff has sustained damages by reason of the nonperformance ofsaid promises and undertaking in the sum of $672.90. Therefore it is considered by the -
Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $672.90 together with her costs in and about said suit laid out and expended for all of which execution may issue.
Josiah Burney
vs
Petition for adquod
Now at this day came the said Josiah Burney and by leave of the Court filed his petition for a Writ of Adquod Damnum, and all and singular the premises being seen and fully understood by the Court it is considered by the Court that the prayer of said petition be granted and that a Writ of Adquod Damnum be issued directed to the Sheriff of Greene County corrirnanding him to summon twelve fit persons of this county to meet at the place where said MILL DAM is proposed to be erected on the 23rd day of Nov (instant) then and there to inquire 1st What will be the amount of damage to each proprietor by reason of inundation consequent upon the erection of the dam as proposed. 2nd Whether the mansion house of any such proprietor or the outhouses, curtilages or gardens thereunto immediately belonging, or orchard will be overflowed thereby. 3rd And whether and what extent navigation and fish of passage will be obstructed by such erection and whether and by what means the same may be prevented or dimished. Whether the health of the neighborhood will be materially annoyed by such erection made returnanble to the next term of this Court.
p 365.
State of Missouri Plaintiff
vs Larceny
John R. Short Defendant
Now at this day came James H. McBride who prosecutes in behalf of the State of Missouri and says he will no further prosecute his said suit but voluntarily suffers the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said Writ and that the said John R. Short go hence without day.
The Bank of the State of Missouri
vs Assumpsit
John P. Campbell Defendant
Now at this day came the Defendant and by leave of the Court files his motion to set aside the verdict and grant him a new trial in said cause.
Elijah Skidmore vs John Scott et al - Trespass - Motion to set aside Judgment overruled
Achilles Smith vs Henry King - Appeal J.P. - Motion to dismiss said appeal sustained.
108
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
Noveniber Term 1843
p 365.
John Machin
vs Attachment
James T. and William Sanders
The death of William Sanders suggested to the Court is considered by the Court that this cause be continued until next term.
p 366.
Alfred Tatem Plaintiff
vs Assumpsit
Benjamin Brown Defendant
Now at this day came the parties by their attorneys and thereupon came a Jury, to wit: William Townsend 1. Jacob Ramey 2. John R. Guinn 3. David Ralston 4. John S. Kimorough 5. Elbert Rose 6. William Smith 7. Joseph Weaver 8. James Rowen 9. S. Cooper 10. C. Cannefax 11. M. Rountree 12, twelve good and lawful men elected tried and sworn and after hearing the evidence in said cause returns here in Court the following verdict, to wit: "We the Jury find the said Defendant did undertake and promise as alleged in the said Plaintiff's declaration and that the Plaintiff has sustained damages by reason of the nonperformance of said promises and undertakings in the sum of $81.821/2." It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $81.821/2 together with his costs in this behalf laid out and expended for all of which execution may issue.
p 367.
John Wilkerson Plaintiff
vs Appeal J.P.
John D. Dickey Defendant
Now at this day came the parties by their respective attorneys and thereupon came a Jury, to wit: David Wallis 1. John H. Miller 2. Lewis Fream 3. John W. Hancock 4. James W. Blakey 5. Regin P. Haden 6., which by mutual consent was deemed sufficient,after hearing the testimony and argument of counsel returned into Court the following verdict: "We the Jury find for the Plaintiff $34 Debt and $8.29 Damages." It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant and Robert D. Dillard, his security in approval bond, the aforesaid Debt and Damages together with his costs in this behalf laid out and expended and that have thereof execution.
p 368.
Constantine Perkins Complainant
vs In Chancery
Jerome G. Hammond Defendant
Now at this day came the Complainant by his solicitor and filed his Bill of Complaint herein and it appearing to the satisfaction of the Court that the said Defendant is a non resident of this State. It is therefore considered by the Court that the said. Defendant, Jerome G. Hammond, be notified that the said Complainant, Constantine Perkins, has commenced a suit against him by filing his Bill of Complaint in which among other things he states and alleges that he was possessed of his own right in fee simple of a tract of land situate in the County of Greene and State of Missouri and known and desig nated as the West half of the SouthWest quarter of Section No. 4 of Township No. 30 of Range No. 24, containing 80 acres, and being so possessed of said land, on the 6th day of August A.D. 1841 in order to indemnify the said Jerome G. Hammond as the security of this said Complainant said Benjamin Howard Boone and William Cawlfield in a bond that said Complainant would release the said Boone and Cawlfield as his prior securities in a bond before that time given to the State of Missouri as the guardian of Samuel R. Trousdale, a minor - the said Complainant conveyed the said tract of land to the said
(continued)
109
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
November Term 1843
Book B.
p 368 (continued)
Jerome G. Hammond by a general warranty deed but said Complainant avers that the said deed was executed with the express understanding and agreement that upon the releasing the said Boone and Cawlfield as his securities in the bond aforesaid then the said deed was to become void annulled and cancelled, and that the said land was reconveyed by the said Hammond to the said Complainant, and that the said Complainant avers that he did will and truly release his said Boone and Cawlfield, his securities in the bond aforesaid, and fully complied with every stipulation and agreement in the premises but the said Hammond fraudulently intending to injure and defraud said Complainant had said deed aforesaid recorded in the Office of the Clerk of the Circuit Court in Greene County aforesaid and wholly neglected and refused to cancel and annul said deed and reconvey said tract of land to said Complainant. Wherefore the said Complainant prays the Circuit Court to require the said Hammond to answer the premises and to decree a reconveyance of the land aforesaid to the Complainant and that the said Jerome G. Hammond be notified to appear the first day of the next term of the Greene Circuit Court to be holden at the CourtHouse in Springfield in the said County on the third Monday after the fourth Monday in April next to answer the Complainants Bill or it will be taken as confessed. And it is further ordered that this order of publication be published at least four weeks in some newspaper printed in this State four weeks, the last insertion of which shall be six weeks before the next term of this Court.
p 369.
James Ellison Plaintiff
vs Debt
John G. Kershner and T.A. Hagans Defendants
Now at this day came the Plaintiff by his attorney and the Defendants having been 3 times solemnly called came not but makes default the demand being founded on 2 instruments of writing and the amounts being ascertained, thereby the Court setting as a Jury finds that the said Defendants owes and stands justly indebted to the said Plaintiff in the sum of $200 Debt and $12.50 Damage. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the aforesaid sum of $212.50 for his Debt and Damage with interest at the rate of 10% per annum together with his costs in this behalf laid out and expended all of which execution may issue.
James Ellison Plaintiff
vs Debt
Elbert Martin and Alfred S. Bone, Security, Defendants
Now at this day came the Plaintiff by his attorney and the Defendant having been 3 times solemnly called came not but made default, the demand being founded on an instrument of writing and the amount being ascertained, thereby the Court setting as a Jury finds the Defendant Elbert Martin as principal and Alfred S. Bone his security, are justly indebted to the said Plaintiff in the sum of $60 for his Debt and $3.75 Damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the Defendants the aforesaid sum of $63.75 Debt and Damages with interest at the rate of 10% per Annum together with his costs in this behalf laid out and expended for all of which execution may issue.
p 369.
G.P. Shackleford
vs
Thomas B. Neaves, Sheriff
Now at this day came the Plaintiff by his attorney and moves the Court to order Thomas B. Neaves the present Sheriff of Greene County to execute a Deed to said G.P. Shackleford for N.E. fol Qt of Sect 2 Twp 28 Range 21 he having been the purchaser of said land when sold by Thos. Horn, former Sheriff of said County and for which the said
(continued)
110
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
November Term 1843
p. 369 (continued)
Horn failed to make a title, the premises being heard and understood the said motion is sustained by the Court and the said Thomas B. Neaves is ordered to make said Deed.
p 370.
Joseph Weaver Plaintiff
vs Appeal J.P.
Marcus Boyd Defendant
Now at this day came the Plaintiff in this cause and the Defendant having been 3 times solemnly called came not but made default and the demand being founded on an instrument of writing and the amount being ascertained, thereby the Court setting as a Jury do find that the Defendant owes and is indebted to the Plaintiff in the sum of $115.50 for his Debt and $6.23 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 and Joseph Powell, his security in the appeal bond, the aforesaid sum of $115.50 Debt and $6.23 Damages together with his costs in this behalf laid out and expended for all of which execution may issue.
Minerva Jones Plaintiff
vs Petition in Debt
Caleb Headlee and David H. Bedell Defendants
Now at this day came the Plaintiff by her attorney and the Defendant having been 3 times solemnly called comes not but makes default, the demand being founded on an instrument of writing and the amount being ascertained. Thereby the Court setting as a Jury do find the Defendant owes and is indebted to the Plaintiff in the sum of $260.20 for her Debt and $23.30 for her damages for the detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the aforesaid debt and damages together with her costs in this behalf laid out and expended for all of which execution may issue.
p 371.
Joseph T. Morton Plaintiff
vs Attachment
Fendel C. Cason Defendant
Now at this day came the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendant cannot be summoned and that his effects has been attached and on his motion it is ordered that the following publication be made in some newspaper printed in this State for four weeks the last insertion to be made at least four weeks before the next term of Court.
Joseph T. Morton Plaintiff
vs
Fendel C. Cason Defendant
Attachment - in the Greene Circuit Court Nov. Term 1843.
To Fendel C. Cason, Defendant in said suit - You are hereby notified that the Plaintiff in this suit has cormnenced an action of debt by attachment against you to recover the sum of $202.70 and interest which is due to said Plaintiff upon two notes that your property has been attached and that unless you appear at the next term of this Court to be holden on third Monday after the fourth Monday in April and on or before the third day thereof and answer unto said suit, Judgment will be rendered against you and your property sold to satisfy the same.
111
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
November Term 1843
p 372.
James P. Hornbeak Plaintiff
vs Attachment
Fendel C. Cason Defendant
to Fendel C. Cason - The Defendant in said cause: You are hereby notified that a suit by petition in Debt by attachment has been commenced against you by said Plaintiff and your property been attached and that unless you appear at the next term of this Court to be holden on the 3rd Monday after the 4th Monday in April, next, and on or before the third day of the term thereof and plead, answer or demur to said suit, Judgment will be given against you and your property sold to satisfy the same.
Robert H.N. Saunders Plaintiff
vs Attachment
Fendel C. Cason Defendant
to Fendel C. Cason - The Defendant in said cause: You are hereby notified that a suit by petition in Debt by attachment has been commenced against you by said Plaintiff and your property been attached and that unless you appear at the next term of this Court to be holden on the 3rd Monday after the 4th Monday in April, next, and on or before the third day of the term thereof and plead, answer or demur to said suit, Judgment will be given against you and your property sold to satisfy the same.
p 373.
This day came Thomas B. Neaves Sheriff of Greene County and exhibited an instrument of writing purporting to be a Sheriff's Deed, executed by the said Thomas B. Neaves as Sheriff of Greene County, Missouri, conveying to Wilson Hackney the NorthEast qtr of the NorthEast qtr of Section 10 and the NorthWest qtr of the NorthWest qtr of Section 11, all in Township 29 of Range 22 containing 80 acres. It being a portion of the real estate which belonged to the late John Kimorough dec'd for which Wilson Hackney and wife and others heirs of said dec'd petitioned for partition and aportion of the same lands that J.R. Danforth, Joseph Farrier and D.D. Berry commissioners appointred to make partition of said real estate according to the said petition reported not susceptible of division without good prejudice to the owners and a part of the same that was by this Court at its November term 1842 ordered to be sold by said Sheriff of Greene County to the highest bidder on a credit of 12 month, etc. The said Thomas B. Neaves being to said instrument of writing and the Sheriff of Greene County, Missouri, acknowledged the same in Open Court to be his act and deed for the purposes therein mentioned. This day came Thomas B. Neaves, Sheriff of Greene County and exhibited in Open Court an instrument of writing purporting to be a Sheriff's Deed executed by the said Thomas B. Neaves as Sheriff of Greene County, Missouri, conveying to William C. Price lots 41 and 42 in block No. 15 situated in the town of Springfield. It being a portion of the real estate which belonged to the late John Kirnbrough dec'd for which Wilson Hackney and wife and others heirs of said dec'd petitioned for partition and a portion of the same estate that J.R. Danforth, Joseph Farrier and Daniel D. Berry commissioners appointed to make partition of said real estate according to the said petition reported not susceptible of division without prejudice to the owners - and a part of the same that was by this Court at its Nov. Term 1842. Ordered to be sold by said Sheriff of Greene County to the highest bidder on a credit of 12 months, etc. The said Thomas B. Neaves being known to this Court to be the person whose name is subscribed to said instrument of writing and the Sheriff of Greene County, Missouri, acknowledged the same in Open Court to be his act and deed for the purposes therein mentioned.
112
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
November Term 1843
p 374.
This Day came Thomas B. Neaves Sheriff of Greene County and exhibited in open Court an instrument of writing purporting to be a Sheriff's Deed executed by the said Thomas B. Neaves as such Sheriff of Greene County, Missouri, conveying to John Kimbrough the West half of Lot No. 26 in block No. 27 situate in the town of Springfield, it being a part of the real estate which belonged to the late John Kimbrough dec'd for which Wilson Hackney and wife and other heirs of said dec'd petitioned for partition and part of the same lots that J.R. Danforth, Joseph Farrier and D.D. Berry commissioners appointed to make partition of said estate according to said petition reported not susceptible of division without great prejudice to said heirs and a part of the same that was by this Court at its November Term 1842 ordered to be sold by the Sheriff of said Greene County, Missouri
to the highest bidder on a credit of 12 months - The said Thomas B. Neaves being known to the Court to be the same person whose name is subscribed to said instrument of writing and the Sheriff of Greene County, Missouri and acknowledged the same in Open Court to be his act and deed for the purposes therein mentioned. This day came Thomas B. Neaves, Sheriff of Greene County, Missouri by his deputy, William C. Price, and exhibited in Open Court an instrument of writing purporting to be a Sheriff's Deed executed by the said William C. Price as Deputy of Thomas B. Neaves, Sheriff of Greene County, Missouri, conveying the East half of the SouthEast qtr of Section 5 containing 80 acres also the West half of the SouthWest qtr of section 4 - containing 80 acres all in Township 30 of Range 24 which said several tracts of land were sold by virtue of an execution in favor of Joshua Jones against Jerome G. Hammonds.
p 375.
This day came Thomas B. Neaves, Sheriff of Greene County, Missouri, and exhibited in Open Court an instrument of writing purporting to be a Sheriff's Deed executed by the said Thomas B. Neaves, Sheriff of said County of Greene as aforesaid conveying to John S. Phelps the West half of Lot No. 2 NorthWest fractional qtr of No. 6 Township 29 of Range 24 containing 46.30 acres which said land was sold by virtue of an execution in favor of Edward West against Martha May. This day came Thomas B. Neaves, Sheriff of Greene County, Missouri, and exhibited an instrument of writing purporting to be a Sheriff's Deed executed by the said Thomas B. Neaves as such Sheriff of Greene County, Missouri, conveying to John C. Farmer the SouthEast qtr of the SouthEast qtr of Section 19 and the SouthWest qtr of the SouthWest qtr of Section 20 all in Township 29 of Range 21 containing 80 acres (be the same more or less) it being the real estate which belonged to the late William Fruman dec'd for - which John Freeman and others heirs of said dec'd petitioned for partition and the same land that the corrrrlissioners appointed to make partition according to said petition reported not susceptible of division without great prejudice to said heirs and the same land that was ordered by the Greene Circuit Court to be sold by the said Sheriff of Greene County, Missouri, on a credit of 12 months on the first day of its November Term 1843 at the Court House door. The said Thomas B. Neaves being known to the Court to be the same person whose name is subscribed to the said instrument of writing and the Sheriff of said County of Greene and acknowledged the same to be his act and deed for the purposes therein mentioned.
This day came Thomas B. Neaves, Sheriff of Greene County, Missouri, and exhibited an instrument of writing purporting to be a Sheriff's Deed executed by the said Thomas B. Neaves, Sheriff aforesaid conveying to Gabriel P. Shackleford the NorthEast fractional qtr of Section No. 2 of Township No. 28 of Range 21 which said land was sold by virtue of an execution in favor of John H. Smith against Alfred S. Bone.
113
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
November Term 1843
p 375
This day came Thomas B. Neaves, Sheriff of Greene County, Missouri, and exhibited an instrument of writing purporting to be a Sheriff's Deed executed by the said Thomas B. Neaves, Sheriff aforesaid, conveying to Gabriel P. Shackleford the NorthEast fractional qtr of Section No. 2 of Township No. 28 of Range 21 which said land was sold by virtue of an execution in favor of John H. Smith against Alfred S. Bone.
p 376.
Benjamin W. Cannefax Plaintiff
vs Trespass
Benjamin Chapman and Gray Wills Defendants
Now at this day came the parties in the above cause and the Defendant says he cannot deny but that he is guilty as the said Plaintiff has alleged and by agreement of the said parties the Plaintiff has sustained damages to the amount of $62.50. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the aforesaid sum of $62.50 together with his costs in this behalf laid out and expended for all of which execution may issue.
Jacob Ramey Plaintiff
vs Appeal J.P.
William R. Medley Defendant
Now at this day came the parties in the above cause and the Defendant in his own proper person and says that he cannot deny but that he owes and is indebted to the Plaintiff in the sum of $5.50 for his debt and 50¢ for his damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the Defendant and John H. Smith his security in the appeal bond the aforesaid sum of $5.50 together with costs
laid out and expended for all of which execution may issue.
p 377. nil.
114
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