Springfield-Greene
County LibraryIn Vacation
Book E
p 273/274.
Peter Hayden & Pollock Wilson,
partners in trade, doing business under
name of Hayden and Wilson Plaintiffs
against Civil Action
William J. Brown, Gideon F. Brown,
Thompson Brown & a person known as
Don Brown (whose further name is
unknown to Plaintiffs) Defendants
Comes the Plaintiffs by their attorney and files their petition with the Clerk founded on 2 promissory notes against Defendants payable to Plaintiffs, one for $72.23 dated April 2nd 1861, with interest at the rate of 10% after maturity or 6 months after the date of said note. The other for $145,81 dated February 13th 1861 with interest at the rate of 10% after maturity or 6 months after the date of said note. Also, their affidavit stating that the Defendants are not residents of this State, that the Defendants have absconded or absented themselves from their usual place of abode in the State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendants that an action has been commenced against them by petition and attachment in said Court is above recited, and their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue, if not then before the end of the term, judgment will be rendered against them and their property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 274.
Isaac N. Wilson Plaintiff
against Civil Action
James Beler Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant dated January 4th 1861 payable one day after date to W.B. and W.E. Staley for $80.41 with interest at the rate of 10% per annum from maturity. Also, his affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appears at the next term of the Court which will be held on the first Monday in August, next, and on or befote the third day thereof if the term shall so long continue, if not then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 274/275.
Charles B. Owen Plaintiff
against Civil Action
William J. Brown, Gideon T. Brown
& A. Don Brown Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants payable to Plaintiff for $85 with interest at the rate of 10% per annum from March 11th l86l, the date of said note. Also, his affidavit stating that
(continued)
77
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 274/275 (cont)
the Defendants have absconded or absented themselves from their usual place of abode in the State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendants that an action has been commenced against them by petition and attachment in said Court is above recited, and their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue, if not then before the end of the term, judgment will be rendered against them and their property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 275.
Henry Paulsell Plaintiff
against Civil Action
Amos H. Hood Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant payable to Plaintiff for $47.50 bearing 10% interest from March 1st 1859, the date of said note. Also, his affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that an action has been commenced against him by petition and attachment in said Court is above recited, and his property is about to be attached and unless he appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue - if not then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 276.
Henry Paulsell Plaintiff
against Civil Action
Jefferson W. Rainey, Bryan Winfield
and William R. Rose Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants payable to one Nathan Paulsell for $400 with interest at the rate of 10% per annum. from January 11th 1860, the date of said note. Which said note has become the legal property of the Plaintiff by assignment. Also his affidavit stating that the Defendant, Jefferson W. Rainey, has absconded or absented himself from his usual place of abode in the State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendants that an action has been commenced against them by petition and attachment in said Court is above recited, and their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August, next on or before the third day thereof the time shall so long continue, if not then before the end of the term, judgment will be rendered against them and their property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
78
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E.
IN VACATION
p 276/277.
Henry McKinley Plaintiff
against Civil Action
Benjamin E. Burns & Peter Burns Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against the Defendants dated April 27th 1860 payable to Plaintiff on or before the 25th day of December following for $667.50 with 10% interest from date until paid. Also, his affidavit stating that the Defendants have absconded or absented themselves from their usual place of abode in the State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendants that an action has been commenced against them by petition and attachment in said Court is above recited and their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue, if not then before the end of the term, judgment will be rendered against them and their property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 277.
Hervey C. Massey & William McAdams
partners in trade doing business under
firm name of Massey & McAdams Plaintiffs
against Civil Action
William D. Hendrick Defendant
Comes the Plaintiffs and files their petition with the Clerk founded on a promissory note payable to Plaintiffs for $160.51 with interest at the rate of 10% from February 1st 1861, the date of said note. Also his affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in the State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that an action has been commenced against him by petition and attachment in said Court is above recited, and his property is about to be attached and unless he appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue, if not then before the end of the termjjudgment will be rendered against him and his property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 277/278.
Hervey C. Massey & William McAdams
partners in trade doing business under
firm name of Massey & McAdams Plaintiffs
against Civil Action
Ripley Weaver Defendant
Comes the Plaintiffs and files their petition with the Clerk founded on a promissory note payable to one James W. Robertson on or before December - note dated March 13th 1860 - following for $200, said note having since become the legal property of the Plaintiffs. Also their affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in the State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that an action has
(continued)
79
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
P 277/278 (cont)
been commenced against him by petition and attachment in said Court is above recited, and his property is about to be attached and unless he appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue, if not then before the end of the term, judgment will be rendered against him and his property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 278/279.
Hervey C. Massey & William McAdams
partners in trade doing business under
firm name of Massey & McAdams Plaintiffs
against Civil Action
Joseph M. Carthel Defendant
Comes the Plaintiffs and files their petition with the Clerk founded on a promissory note against Defendant payable to Plaintiffs for $170 with interest at the rate of 10% from February first 1861, the date of said note. Also, their affidavit stating that the Defendant is not a resident of this State that he has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that an action has been commenced against him by petition and attachment in said Court is above recited, and his property is about to be attached and unless he appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue, if not then before the end of the term, judgment will be rendered against him and his property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 279.
Littleberry Hendrick Plaintiff
against Civil Action
Jabez Owen Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant dated March 10th 1859 payable to Plaintiff 6 months after date for $250. The amount for which Plaintiff claims judgment including interest is $290. Also, his affidavit stating that the Defendant has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that an action has been commenced against him by petition and attachment in said Court is above recited, and his property is about to be attached and unless he appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue, if not then before the end of the term, judgment will be rendered against him and his property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 279/280
R.A.M. Rose Plaintiff
against Civil Action
John C. Gray Defendant
Comes the Plaintiff and files his petition with the Clerk upon a mortgage due from
(continued)
80
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 279/280 (cont)
Defendant to Plaintiff to the following tract of land described as follows, to wit. NW 1/4 of the NE 1/4 and the N 1/2 of the E 1/2 of the NW 1/4 of Section 15 Township 28 Range 23 containing 80 acres more or less for the ret____ securing the Sum of $400 due by a promissory note filed with his petition and asks that the equity of redemption be foreclosed and that said tract be sold or so much thereof as may be necessary to pay off the judgment rendered and for other proper relief. And also his affidavit stating that the Defendant is a nonresident of this State. The Defendant is therefore hereby notified that suit has been commenced against him as above recited and he is hereby required to appear on or before the 6th day of the next term of said Court which will be the first Monday in August, next, and answer to the petition or the same will be taken as confessed.
Martin J. Hubble Clerk.
by E.M. Hendrick D.C.
This order is to be published in the Springfield Missourian
p 280.
Robert G. McQuigg Plaintiff
against Civil Action
Robert G. Abernathy Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant dated the 9th of February 1860 payable one day after date to Plain tiff for $775 with interest at the rate of 10% per annum. The amount for which Plain tiff claims judgment after all juSt credit and set offs $435 and the interest thereon. Also, an affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that an action has been commenced against him by petition and attachment in said Court is above recited, and his property is about to be attached and unless he appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue,if not then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 281.
John W. Danforth Admin. of estate of
Jonathan E. Danforth, Deceased Plaintiff
against Civil Action
Jabez Owen & William H. Henslee Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated November 22nd 1860 payable 12 months after date to J.W. Danforth and H.F. Williams, administrators of the estate of J.E. Danforth, deceased, on order for $55.25 with 10% interest per annum after due. Also his affidavit stating that the Defendants have absconded from their usual place of abode in the State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendants that an action has been commenced against them by petition and attachment is above recited and their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue, if not then before the end of the term, judgment will be rendered against them and their property sold to satisfy the same.
Martin J. Hubble Clerk
by E..M. Hendrick D.C.
This order to be published in the Springfield Missourian
81
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 281/282.
William B. Farmer Plaintiff
against Civil Action
Spencer B. Dickerson &
Franklin J. Abernathy Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated January first 1861 payable one day after date to one W.J. Jopes for $62.50 with interest at the rate of 10% per annum from maturity the Plaintiff having since become the owner and holder of said note. Also, his affidavit stating that the Defendants have absconded or absented themselves from their usual places of abode in the State so that the ordinary process of Law Cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, in Vacation, that publication be made notifying the Defendants that an action has been commenced against them by petition and attachment is above recited and their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue, if not then before the end of the term, judgment will be rendered against them and their property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 282.
William J. McDaniel Plaintiff
against Civil Action
Nicholas F. Jones, George M. Jones
and James S. Jones Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated January 29th 1860 payable to Plaintiff 6 days after date for $399.99 with interest at the rate of 10% from maturity until paid. The amount for which the Plaintiff claims judgment after allowing credits and set offs is $317. Also, his affidavit stating that the Defendants have absconded or absented themselves from their usual places of abode in the State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendants that an action has been commenced against them by petition and attachment is above recited and their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue, if not then before the end of the term, judgment will be rendered against them and their property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 283.
Bank of State of Missouri Plaintiff
against Civil Action
John H. Price, Samuel CaIdwell,
Marcus Boyd Defendants
Comes the Plaintiff before the Clerk in vacation and having heretofore filed a petition founded on a bill of exchange for $2300 and interest from 18th of August 1861 and having also heretofore filed a bond and an affidavit stating that the Defendant John F. Price was about to remove out of this State with intent to change his domicile and now prays for an order of publication. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the said John H. Price that an action has been commenced against him by petition and attachment in said Court as above
(continued)
82
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 283 (cont)
recited that his property is about to be attached and unless he appears at the next term of the Court which will be held on the first Monday in August, next, and on or before the third day thereof, if the term shall so long continue, if not, then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.
The above order to be published in the Springfield Missourian
p 283/284
William Massey Plaintiff
against Civil Action
J.M. Carthel Defendant
Comes the Plaintiff and files his petition with the Clerk founded on two promissory notes against Defendant payable to Plaintiff, one for $36.50 with interest at the rate of 10% per annum from the 27th of May 1860, the date of said note; the other for $74 with interest at 10% per annum from the 18th of April 1861, the date of said note; the sum for which Plaintiff claims judgment is $150.50 after allowing all just credits and set offs. Also his affidavit stating that the Defendant is not a resident of this State, that he has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Court, In Vacation, that publication be made notifying the Defendant that an action has been commenced against him by petition and attachment in said Court, as above recited, that his property is about to be attached and unless he appears at the next term of the Court which will be held on the first Monday in August, next, and on or before the third day thereof, if the term shall so long continue, if not, then before the end of the term, judgment will be rendered against him and his property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.
The above order to be published in the Springfield Missourian
p 284.
William B. Farmer Plaintiff
against Civil Action
Jabez Owen Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant dated January first 1861 payable one day after date to one W.H. Jopes for $85.85 with interest from Maturity at the rate of 10% per annum. The Plaintiff having since become the owner of said note by assignment. Also his affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that an action has been commenced against him by petition and attachment in said Court, as above recited, that his property is about to be attached and unless he appears at the next term of the Court which will be held on the 1st Monday in August, next, and on or before the 3rd day thereof, if the term shall so long continue, if not, then before the end of the term, judgment will be rendered against him and his property sold to satisfy the same. The above order to be published in the Springfield Missourian
M.J. Hubble Clerk
by E.M. Hendrick D.C.
83
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E.
IN VACATION
p 284/285
William Massey Plaintiff
against Civil Action
William D. Hendricks Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant for $38.44 with interest at the rate of 10% per annum from April 10, 1861, the date of said note. The sum for which the Plaintiff claims judgment after allowing all just credits and set offs is $35.67. Also, an affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that an action has been commenced against him by petition and attachment in said Court, as above recited, that his property is about to be attached unless he appears at the next term of the Court which will be held on the first Monday in August, next, and on or before the third day thereof, if the term shall so long continue, if not, then before the end of the term, judgment will be rendered against him and his property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
The above order to be published in the Springfield Missourian
p 286.
Court met on Monday May 19th, 1862, pursuant to previous notice.
Present: L. Hendrick, Judge, M.J. Hubble, Clerk, by E.M. Hendrick, his deputy; Anthony F. Church, Coroner; at which the following proceedings were had, viz: The Court appointed H.J. Lindenhower Circuit Attorney, protem, who was sworn as the law directs. The Coroner returned herein the venire heretofore issued with the panel of a Grand Jury. The following persons were sworn as Grand Jurors, viz: Woodson Howard, who was by the Court appointed foreman, Thomas W. Laurence, J.L. Raney, John Breedlove, C. Cannefax, Joel Phillips, David Potter, John Robertson, A.B. Matthews, Thomas Rountree, William Ward, J.P. Moore, Alexander Evans, G,W, Cooper, John Gibson, and C.B. Hensley, who being sworn and charged by the Court retired to consider of their duties.
The following is the order made by the Judge of this Court for this special term
State of Missouri,
County of Greene
Whereas information has this day been communicated to me that two men, one by the name of William Baker and the other by the name of John Daniels who are charged with Grand Larceny are now confined in the jail of the County of Greene, therefore I, Littleberry Hendrick, Judge of the Circuit Court at said County do hereby order that a Special Term of said Court be held at the Court House in the City of Springfield on the 19th day of this present month (May) for the trial of said prisoners given under my hand this 8th day of May 1862.
Littleberry Hendrick
A copy of which order was served on each of those persons mentioned on the 8th day of May 1862 and also the Circuit Attorney as appears by the Coroner's return The Court adjouned till tomorrow morning at
9 o'clock.
L. Hendrick judge
Tuesday May 20th 1862
Court met pursuant to adjournment. Present as yesterday.
There being no business the Court adjourned till tomorrow morning 9 o'clock.
Littleberry Hendrick Cir Judge
84
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
P 287 Wednesday May 21st 1862
Court met pursuant to adjournment. Present as on yesterday. Now at this day comes the Grand Jury into Court and through their foreman in the presence of the Grand Jury presents to the Court the following bill of Indictment, viz:
State of Missouri vs Thomas C. Blakey -- Indictment for Robbery,
which by order of the Court was filed and capias issued and forthwith executed by having the Defendant in Open Court. And this cause continued till the next regular term of the Court and Defendant ordered into the custody of the Coroner.
E.B. Gensley and John Gibson, who were sworn as Grand Jurors for this Special Term absented themselves from the Court and refused to serve longer as Grand Jurors, whereupon the following orders were made, viz
State of Missouri Plaintiff
vs Contempt
C.B. Hensley Defendant
Now at this day it appearing to the satisfaction of the Court that C.B. Hensley who was sworn and charged as a Grand Juror in this Court has refused further to serve and absented himself from the Court. It is therefore ordered by the Court that the said C.B. Hensley be required to appear here on the first day of the term of this Court which will be the 1st Monday in August, next, and show cause why he shall not be fined and imprisoned therefor, and that he be served with a copy of this order.
State of Missouri Plaintiff
vs Contempt
John Gibson Defendant
John Gibson who was sworn and charged as a Grand Juror, having refused further to Serve and absented himself from the Court. It is therefore ordered by the Court that the said John Gibson be required to appear here on the first day of the term of this Court which will be the 1st Monday in August, next, and show cause why he shall not be fined and imprisoned therefor, and that he be served with a copy of this order.
p 288.
It is ordered by the Court that two competent persons be summoned to Serve as Grand Jurors in place of C.B. Hensley and John Gibson and accordingly the following persons who were summoned came forward into Court and were sworn to serve as Jurors, viz: Nathan Phelps (no other named) - The Grand Jury still having business before them, the Court adjourned till tomorrow morning at 9 o'clock.
Thursday Morning May 22, 1862.
Now at this day comes the Grand Jury into Court and through their foreman in the presence of the Grand Jury presents to the Court the following Bill of Indictment -
State of Missouri Plaintiff
vs Indictment for Grand Larceny
John Daniels and William Baker Defendants
Which Indictment was by order of the Court filed and a capias awarded returnable forthwith.
The Grand Jury having other business before them retired to consider further of their duties.
85
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
P 288.
Now at this day the Court ordered the following as a rule of this Court:
There shall be a new Roll of Attorneys made out and Attorneys duly licensed to Practice Law permitted to sign the same by first taking an oath in open Court to support the Constitution of the United States and that the State of Missouri, and be faithful in their practice.
p 289. Thursday May 22nd 1862.
Now came Alfred Julian, James W. Mack, H.J. Lindenbower, M. Cavanaugh and D.C. Dade, licensed attorneys at Law in Open Court and were permitted to sign the Roll of Attorneys.
State of Missouri Plaintiff
vs Indictment for Grand Larceny
John Daniels and William Baker Defendants
Now comes the Coroner and shows to the Court here that he has executed the Writ issued against the Defendants and brings the same with the Defendants into Court and the Court orders the Defendants into the custody of the Coroner to be by him safely kept until they shall be duly discharged or the further order of the Court.
State of Missouri Plaintiff
vs Indictment for Grand Larceny
John Daniels and William Baker Defendants
Now came the Defendants and file their motion to quash the Indictment in their case which was submitted to the Court after the argument of counsel. And all and singular the premises being understood by the Court, it is considered by the Court here that the Indictment is sufficient in Law and that the Defendants are bound to answer the same. It is further considered by the Court here that the motion to quash the Indictment be overruled and Defendants have leave to answer the Indictment.
State of Missouri Plaintiff
vs Indictment for Robbery
Thomas C. Blakey Defendant
Comes J.M. McCrosky, Nancy C. McCrosky and W.M. McCrosky and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 each, to be levied of their respective goods and chattels to be void upon condition that they make their appearance before the Judge of the Greene County Circuit Court at the August term 1862 on the first day thereof and testify on part of the State in the above cause and not depart the Court without leave.
p 290. Friday morning May 23rd 1862
State of Missouri Plaintiff
vs Indictment for Larceny
John Daniels and William Baker Defendants
Now come the Defendants in their own proper person who stand charged with the crime of Larceny and being demanded of and how they will acquit themselves for their plea say they are not guilty in manner and form as they are charged in the Bill of Indictment and put themselves upon the Country and the Circuit Attorney doth the like and announced themselves ready for trial and thereupon came a Jury, viz: Peter Goff, D.R. Riggs, John J. McQuerter, R.B. Coleman, J.B. Cox, Wilson Keen, M.H. Boren, F. Warren, John Demoth, W.J. Cox, D.J. Hunt, Thomas J. Oneal, twelve good and lawful men who being tried elected and sworn to try the issue joined, heard a portion of the evidence and there not being sufficient time to complete the trial on the present day the Jury were permitted by consent of parties to disperse under the directions of the Court until tomorrow morning at 9 o'clock.
86
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 290.
The Grand Jury comes into Court and by their foreman in the presence of the Grand Jury presents to the Court the following Bills of Indictment, viz:
State of Missouri vs ___________ Indictment for Robbery
State of Missouri vs ___________ Indictment for Larceny
Which were by order of the Court filed and capiases awarded against the Defendants returnable to next term.
p 291. Friday May 22nd 1862
The Grand Jury Having other business before them retired to consider of their duties. Rufus Robinson was discharged from further serving on the Grand Jury.
Saturday, May 24th 1862.
State of Missouri Plaintiff
vs Indictment for Larceny
John Daniels and William Baker Defendants
Now again came the Jury and the Defendants being also present in their own proper person and after testimony was closed and the argument of Counsel the case was submitted to the Jury with the instructions of the Court who retired to consider of their verdict.
Now came again the Grand Jury into Court and by their foreman in the presence of the Grand Jury presents the Court the following Bills of Indictment -
State of Missouri vs ___________ Indictment for Larceny
State of Missouri vs ___________ Indictment for Larceny
State of Missouri vs William G. Roberts, R.J. Nelson, William A. Nelson, Henry Nelson which were by the order of the Court filed and capiases awarded.
p 292.
State of Missouri Plaintiff
vs Larceny
John Daniels and William Baker Defendants
The Jury after having retired for sometime came in to Court and say they cannot agree and thereupon the Court ordered that the Jury be kept together until the further order of the Court or until they shall agree upon a verdict.
Monday morning May 26th 1862.
State of Missouri Plaintiff
vs Larceny
John Daniels and William Baker Defendants
Now comes the Jury and in the presence of the Defendnts who were in court and returned a verdict against the Defendant, John Daniels, viz: We the Jury find the Defendant John Daniel guilty in manner and form as he stands charged in the Bill of Indictment and assess the value of the gray mare at $65 and his punishment at 10 years imprisonment in the penetentiary. And the Jury not being able to agree as to the guilt or innocence of William Baker were by the Court discharged.
p 293. Tuesday Morning May 27th 1862.
Came into Court J.M. McCrosky, Nancy C. McCrosky and W.M. McCrosky and acknowledged themselves severally indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels, lands and tenements, but to be void if they will make their personal appearance before the Greene Circuit Court at the Court House in Springfield on the 1st day of the next term thereof which will be the 1st Monday in
(continued)
87
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 293 (cont)
August, next, to give evidence on the part of the State of Missouri in the trial of Thomas C. Blakey for Robbery, whereof the said Thomas C. Blakey is indicted and not depart said Court without leave.
State of Missouri Plaintiff
vs Attachment for Disobeying Process
Richard W. Bragg Defendant
The said Richard W. Bragg comes into Court and shows to the Court good cause for his not obeying the process and was by the Court discharged.
p 293/294.
State of Missouri Plaintiff
vs Indictment for Larceny
John Daniels, who was impleaded
with William Baker Defendant
Now again came the Defendant John Daniels into open court who having nothing to say why the judgment of the Law shall not be pronounced against him and all and singular the premises being understood. It is considered by the Court that the Defendant John Daniels who is convicted by the verdict of the Jury for Grand Larceny as he is charged in the Bill of Indictment that he the said John Daniels be punished for the said offence by imprisonment in the penitentiary. But in consideration of the youthfulness of Defendant John Daniels and all the circumstances of the case, it is the opinion of the Court that the punishment of 10 years imprisonment is greater than ought to be inflicted, wherefore it is considered by the Court that the same be reduced for imprisonment for two years instead of ten and that the Coroner convey the said John Daniels to the City of Jefferson and there deliver him to the Keeper of the Penitentiary to be kept in close confinement in the penitentiary for the period of two years. It is also considered by the Court that the State of Missouri recover of and from the Defendant her costs by her in this behalf laid out and expended. And thereupon the Defendant prayed for an appeal from the judgment of the Court in this case rendered to the Supreme Court, which appeal is by the Court allowed. It is thereupon ordered by the Court that the execution of the judgment of the Court be stayed and suspended until a decision of the Supreme Court can be had, and that the Defendant be remanded to the Jail of the County of Greene the keeper whereof is required the said John Daniels to keep safely until he be discharged by due cause of law.
p 295.
Indictments names not given.
p 296. Wednesday May 28th 1862.
State of Missouri Plaintiff
vs Indictment for Robbery
John Daniels, who was
impleaded with William Baker Defendant
Now comes the Defendant John Daniels and files his Bill of Exceptions in this case. The Court then adjourned till the 1st Monday in July, next.
L. Hendrick Judge.
In Circuit Court, Greene County August Term 1862
N.A. Inman Plaintiff
vs
Jefferson W. Rainey Defendant
Comes the Plaintiff and dismisses his suit and pays the cost.
88
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 296.
State of Missouri Plaintiff
vs Indictment for Robbery
Thomas C. Blakey Defendant
On this 20th day of June 1862 comes the Defendant Thomas C. Blakey as principal and R.P. Haden as his security before Joseph Rountree one of the Justices of the County Court within and for the Court of Greene in the State of Missouri who acknowledges themselves indebted to the State of Missouri in the sum of $500 to be levied of their respective goods and chattels, lands and tenements to be void on condition that the said Thomas C. Blakey be and appear before the Judge of the Greene County Circuit Court at the next term thereof on the first day of said Court at the Court House in Spring field, Mo., and answer to a Bill of Indictment preferred against him by the Grand Jury in and for the County of Greene and State of Missouri in the Circuit Court of said County for Robbery and not depart said Court without leave.
p 297.
State of Missouri Plaintiff
against Indictment for Robbery
William A. Nelson Defendant
On this 21st day of June 1862 comes the Defendant William A. Nelson as principal and William Hudgings as his security before H.J. Linderbower Judge of the Probate and Common Pleas Court of Greene County, Missouri, in the sum of $1000 for the payment of which they bind themselves their executors and administrators to be void on condition that the said William A. Nelson be and appear before the Judge of the Greene County Circuit Court at the next term thereof and on the first day of said Court which will be on the first Monday in August 1862 to answer the charges of such Indictment as may be presented against him and not depart the Court without leave, otherwise to remainin full force.
State of Missouri Plaintiff
vs Indictment for Grand Larceny
Aaron Nutt Defendant
On this 28th day of June 1862 comes the Defendant Aaron Nutt as principal and John M. Robertson and Martin Evans as securities before Littleberry Hendrick Judge of the Greene County Circuit Court who acknowledge themselves to be indebted to the State of Missouri in the sum of $500 for the payment of which they bind themselves their executors and administrators to be void on condition that the said Aaron Nutt appear before the Judge of the Greene County Circuit Court at the next term thereof and on the first day of said Court which will be on the first Monday in August 1862 to answer the charges of such Indictment as may be presented against him and not depart the Court without leave otherwise to remain in full force.
p 298.
Sheppard & Kimbrough, a Mercantile
firm composed of Henry Sheppard
and John S. Kimbrough Plaintiffs
vs Civil Action
John A. Ray Defendant
Comes the Plaintiffs by attorney and pays the costs and withdraws their suit.
89
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK F
IN VACATION
p 299/300.
J.K.P. McQuigg Plaintiff
against Civil Action
Robert G. Abernathy Defendant
Comes the Plaintiff by attorney and files his petition with the Clerk, founded on a promissory note against Defendant dated 22nd day of February 1860, payable to Plaintiff one day after date for $690 with interest at the rate of 10% per annum from due. The amount for which Plaintiff claims Judgment after allowing all just credits and set offs, is $630 and interest therein also his affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court In Vacation that publication be made notifying the Defendant that action has been commenced against him by petition and attachment is above recited and his property is about to be attached and unless he appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue, if not then before the end of the term, judgment will be rendered against him and his property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p. 300.
James R. Danforth Plaintiff
against Civil Action
N.F. Jones, G.M. Jones, James F. Jones Defendants
Comes the Plaintiff before the Clerk and files his petition founded on a promissory note gainst Defendants payable to Plaintiff for $1200 payable to one Mercer Moody with Interest at the rate of 10% per annum from March 7th 1860, the date of said note, Plaintiff having since become the sole owner of said note claims judgments against Defendants after allowing all just credits and set offs for $200.31. Also his affidavit stating that the Defendants have absented themselves from their usual place of abode in this State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendants that action has been commenced against them by petition and attachment is above recited and their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereoftime shall so long continue, if not then before the end of the term, judgment will be rendered against them and their property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 301.
Civil Action in the Circuit Court of Greene County, Missouri
Thomas F. Layton, Fidelio S. Jones,
Henry Sheppard and John S. Kimbrough Plaintiffs
against
Jane M. Adams Defendant
Comes the Plaintiffs before the Clerk and files their petition founded on a promissory note against Defendant dated January 1st 1861 payable one day after date to Layton Jones and Co for $78.51 with interest from maturity at the rate of 10% per annum, also their affidavit stating that the Defendant is not a resident of this State, that she has absconded or absented herself from her usual place of abode in this State so that the ordinary process of Law cannot be served upon her. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the
(continued)
90
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 301 (continued)
Defendant that action has been commenced against her by petition and attachment is above recited and her property is about to be attached and unless she appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue, if not then before the end of the term, judgment will be rendered against her and her property sold to satisfy the same.
This order to be published Martin J. Hubble Clerk
the Springfield Missourian by E.M. Hendrick D.C.
p 301/302.
Henry Sheppard and John S. Kimbrough Plaintiffs
against Civil Action
Meredith N. Carter Defendant
Comes the Plaintiffs and files their petition with the Clerk founded on a promissory note against Defendant dated January 2nd 1860 payable one day after date to Plaintiff for $98.01 with interest from maturity at the rate of 10% per annum. Also, their affidavit stating that the Defendant is not a resident of the State and that he has absconded or absented himself from his usual place of abode in this State so that the ordinary process of law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that action has been commenced against him by petition and attachment is above recited and his property is about to be attached and unless he appear at the next term of the Court which will be held on the 1st Monday in August, next, on or before the 3rd day thereof the time shall so long continue, if not then before the end of the term, judgment will be rendered against him and his property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 302/303.
Henry Sheppard and John S. Kimbrough Plaintiffs
against Civil Action
David Wilkerson & Spencer B. Dickerson Defendants
Comes the Plaintiffs and files petition with the Clerk founded on a promissory note against Defendants payable to Plaintiffs for $143.04 with interest at the rate of 10% from January 1st 1861. the date of said note. Also, their affidabits stating that the Defendants have absented themselves from their usual place of abode in this State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendants that action has been commenced against them by petition and attachment is above recited and their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue, if not then before the end of the term, judgment will be rendered against them and their property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 303.
Henry Sheppard and John S. Kimbrough Plaintiffs
against Civil Action
Harrison M. Kelley & Robert Goodin Defendants
Comes the Plaintiffs and files their petition with the Clerk founded on a promissory note against Defendants dated Jan 1st 1860 payable to Sheppard and Kimbrough on order
(continued)
91
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 303 (cont)
three months after date for $85.37 with interest at the rate of 10% from date until paid. Also, their affidavit stating that the Defendants have absconded or absented themselves from their usual place of abode in this State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendants that action has been commenced against them by petition and attachment is above recited and their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue, if not then before the end of the term, judgment will be rendered against them and their property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 303/304.
Samuel S.Vinton Plaintiff
against
B.E. Hopson Defendant
Comes the Plaintiff and files his petition with the Clerk founded on two promissory notes against Defendant, one payable to Vinton and Hornbeak, dated January 1st 1860 for $60.80 with interest at the rate of 10% per annum from due or 12 months after the date of said note. The latter payable to H.R. Jarratt dated January 12th 1861 for $100 with interest at the rate of 10% per annum, from due to 12 months after the date of said note, both of which said notes have since become the legal property of the Plaintiff by assignment in blank; the amount for which Plaintiff claims judgment is $220.80 and interest thereon as above stated. Also, his affidavit stating that the Defendant has absented himself from his ueual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that action has been commenced against him by petition and attachment is above recited and his property is about to be attached and unless he appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue, if not then before the end of the term, judgment will be rendered against him and his property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 304/305
Thomas F. Layton, Fidelio Jones, Henry
Sheppard & John S. Kimbrough Plaintiffs
against Civil Action
William D. Hendricks Defendant
Comes the Plaintiffs and files their petition with the Clerk founded on a promissory note against Defendant dated January 1st 1861 payable one day after date to Layton Jones and Co for $80.82 with interest at the rate of 10% per annum from maturity, also their affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that action has been commenced against him by petition and attachment is above recited and his property is about to be attached and unless he appear at the next term of the Court which will be held on t he first Monday in August, next, on or before the third day thereof the time shall so long continue, if not then before the end of the term, judgment will be rendered against him and his property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
92
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
P 305.
Charles Sheppard, Joseph B. Kimbrough
and Edward L. Weaver Plaintiffs
against Civil Action
Wiley M. Horton Defendant
Comes the Plaintiffs and files their petition with the Clerk founded on a Promissory Note against Defendant dated January 1st 1861 payable one day after date to Sheppard, Kimbrough and Weaver for the sum of $105.22 with interest at the rate of 10 % from due, also, their affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that action has been commenced against him by petition and attachment is above recited and his property is about to be attached and unless he appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue, if not then before the end of the term, Judgment will be rendered against him and his property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 306.
Samuel S. Vinton Plaintiff
against Civil Action
Jane M. Adams Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant Dated January 1st 1861 payable to Vinton and Hornbeak one day after date for $37.14 with interest at the rate of 10% per annum, from the date thereof said note having since become the legal property of the Plaintiff by assignment and endorsement in blank. Also, his affidavit stating that the Defendant has absented herself from her usual place of abode in this State so that the ordinary proceess of Law cannot be served upon her. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that action has been commenced against him by petition and attachment is above recited and his property is about to be attached and unless she appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue, if not then before the end of the term, judgment will be rendered against her and her property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published the Springfield Missourian
p 306/307.
Warham McElhaney Plaintiff
against Civil Action
Peyton Nowlin Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant for $445 dated October 3rd 1860 payable one day after date with interest at the rate of 10% per annum from maturity. The sum for which the Plaintiff claims judgment after allowing all just credits and set offs is $219.73. Also, his affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that action has been commenced against him by petition and attachment is above recited and his property is about to be attached and unless
(continued)
93
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 306/307 (cont.)
he appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof the time shall so long continue, if not, then before the end of the term, judgment will be rendered against him and his property sold to satisfy the same.
Martin J. Hubble Clerk
by F.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 307.
Andrew B. Matthews Plaintiff
against Civil Action
Christian S. Bodenhamer Defendant
Comes the Plaintiff and files his petition with the Clerk founded on money paid by Plaintiff to M.M. McClure and Co on a note made by said Defendant to the said M.M. McClure and Co dated 20th July 1861 for $75 bearing 10% interest on which Plaintiff became security for Defendant the amount paid by Plaintiff on said note including interest was $85. Also, on a due bill against Defendant dated 20th February 1861 for $9. The amount for which Plaintiff claims judgment is $94 and interest thereon. Also, his affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying the Defendant that an action has been commenced against him by petition and attachment in said Court, as above recited, that his property has been attached and unless he appears at a term of the Court to be held on the fourth Monday in January, next (1863), and on or before the third day thereof, if the term shall be so long continue, if not, then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.
M.J. Hubble Clerk
by F.M. Hendrick D.C.
p 308. IN VACATION Monday Morning July 7th, 1862.
The Court met pursuant to adjournment
Present Littleberry Hendrick, Judge
M.J. Hubble by his Deputy, Hendrick, Clerk
John A. Mack, Circuit Attorney
The Grand Jury was by the Court ordered to be discharged. Court adjourned untill tomorrow morning at 9 o'clock.
Tuesday Morning July 8th, 1862.
Special Term Court met pursuant to adjournment, present as before. The account of the Coroner against GreeneCounty for (no amount given) was examined and by the Court approved and ordered to be paid.
Court adjourned untill tomorrow morning at 9 o'clock.
Wednesday Morning July 9th 1862.
Court met pursuant to adjournment. Present as before. There being no further business the Court adjourned until Court in course.
94
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
P 308.
Wayman Crow, Phocion R.McCreery,
William A. Hargadine, George D. Appleton,
Hugh McKittrick Plaintiffs
against Civil Action
Nathan Robinson Defendant
Comes the Plaintiffs by their attorney and pays the costs and withdraws their suit.
Sheppard and Kimbrough, a firm
composed of Henry Sheppard &
John S. Kimbrough Plaintiffs
against
James C. Norman Defendant
Comes the Plaintiffs by their attorney and pays the costs and withdraws their suit.
IN VACATION July 26, 1862,
Charles Wadlow Plaintiff
against
James E. Hicks & Franklin White Defendants
Comes the Plaintiff by his attorney and pays the costs and withdraws his suit.
p 309.
State of Missouri Plaintiff
vs Indictment for Grand Larceny
Stephen Blackman Defendant
On the 19th day of July 1862 comes the Defendant Stephen Blackman as principal and William A. Campbell, John M. Robertson and A. Nutt as his securities before Littleberry Hendrick Judge of the Greene Circuit Court and acknowledge themselves to be indebted to the State of Missouri in the sum of $500 for the payment of which they bind themselves their executors and administrations, to be void upon condition that the said Stephen Blackman appear before the Judge of the Greene Circuit Court at the next term thereof which will be held on the first Monday in August, next, and on the first day thereof to answer the charge of an Indictment preferred against him for grand larceny and not depart the Court without leave otherwise to remain in full force.
Sheppard & Kimbrough, a firm
composed of Henry Sheppard and
John S. Kimbrough Plaintiffs
against Civil Action
Charles Layton Defendant
Comes the Plaintiffs and pays the costs and dismisses their suit.
Martin J. Rubble Plaintiff
against Civil Action
Peter C. King, Samuel S. Vinton
and William C. Hornbeak Defendants
Now at this day comes the Plaintiff by his attorney and pays the cost and dismisses his suit.
Am E. Young, administratrix
vs
F.S. Jones Defendant
Comes the Plaintiff by Attorney and orders her suit dismissed, in vacation, at her cost.
95
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
P 309
Washington Merritt Plaintiff
vs Civil Action
Sample Orr & James Dollison Defendants
Comes the Plaintiff by attorney in vacation and pays the cost and orders his suit dismissed.
p 310
IN VACATION July 11th 1862.
Mathew M. Alexander
vs Civil Action by Attachment
Samuel Fulbright & Charles Sheppard Defendants
Now at this day comes the Plaintiff and files his petition verified by affidavit of which is to claim judgment against the Defendants for the sum of $690 and Interest and it appearing that the Defendant Samuel Fulbright has absented himself from his usual place of abode in this State it is therefore ordered by the Clerk, In Vacation, that the Springfield Journal a weekly newspaper printed in the State for four successive weeks, the last insertion to be at least four weeks before the next term of this Court that he be and appear before the Judge of our Greene Circuit Court on the first day of the January Term thereof which commences at the Court House or place of holding Court in Springfield, Greene County, Missouri, on the fourth Monday in January 1863 and plead, answer or demur to Plaintiff's petition or the same will be taken as true and judgment rendered against him and his property which has been attached sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.
96
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