Springfield-Greene
County LibraryOrders of Publication Issued in Vacation 1864
State of Missouri County of Greene
Townly Rose, admin of the estate
of William R. Rose, deceased Plaintiff
vs.
Thomas Forsythe & Temperence Forsythe Defendants
Now at this day comes the said Plaintiff by attorney and files his petition herein with the Clerk the object of which is to obtain a judgment on a promissory note dated March 19, 1864, for the sum of $240.21 due 24 months after datethereof and given to William R. Rose in his lifetime bearing 10% interest from date and also to foreclose the Equity of redemption in the following described real estate, viz:SW 1/4 of SE 1/4 Section 1 Township 28 Range 24.Said note is credited with $32 dated 19th March 1860. Plaintiff also files his affidavit stating that Defendants have left their usual place of abode in said state so that the usual process of law cannot be served upon them.It is therefore ordered by the undersigned Clerk of said Court that Defendants be notified
(continued)
174
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
IN VACATION JULY TERM 1864
p 459 (continued)
of the commencement of this suit by publication in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion at least four weeks before the first day of the next term of this Court which will commence on the second Monday in July 1864 and unless the Defendants shall appear on or before the 6th day thereof if the term shall so long continue if not then before the end of this term and plead to Plaintiff's petition the same will be taken as confessed and judgment rendered against them and the Equity of Redemption in said real estate be foreclosed.
M.J. Hubble Clerk
p 459/460.
John Wood Plaintiff
vs
John Lair, Charles Sheppard,
Joseph B. Kimbrough, Charles A. Haden Defendants
Now at this day comes the said Plaintiff by attorney and files his petition herein with the Clerk the object of which is to obtain a judgment against Defendants on a promissory note for the sum of $2000 credited by $500. Said note is dated January 1st 1859 and due 12 months after date bearing 10% interest per annum from date. And it appearing from the affidavit of Plaintiffs agent that the Defendant Lair is not a resident of the State of Missouri. It is ordered by the undersigned Clerk of said Court that the Defendant be notified of the commencement of this suit by publication in the Springfield Missourian a newspaper published in the State of Missouri for four weeks successively the last insertion at least four weeks before the commencement of the next term of this Court which will be begun and holden at the Court House in said County on the 2nd Monday in July next and unless Defendant shall on or before the 6th day of said term appear and plead to Plaintiff's petition the same will be taken as confessed. M.J. HubbleClerk
p 460.
John S. Kimbrough Plaintiff
vs
N.F. Jones, George Jones,
Richard M. Jones Defendants
Now at this day comes the said Plaitiff by attorney and files his petition herein with the Clerk the object of which is to obtain Judgment against Defendants on a Promissory Note in the sum of $574 dated 1st March 1860 due 10 months after date thereof bearing 10% interest per annum from date and it appearing from affidavit that the Defendants have absented themselves from their usual place of abode so that ordinary process of Law cannot be served upon them. It is ordered by the undersigned Clerk of said Court that the Defendant be notified of the commencement of this suit by publication in the Springfield Missourian a newspaper published in the State of Missouri for four weeks successively the last insertion at least four weeks before the commencement of the next term of this Court which will be begun and holden at the Court House in said County on the 2nd Monday in July next and unless Defendant shall on or before the 6th day of said term appear and plead to Plaintiff's petition the same will be taken as confessed.
M.J. Hubble Clerk
p 460/461.
Elizabeth D. Campbell, as admin of
Estate of Leonidas C. Campbell,
deceased, who died intestate Plaintiff
vs
Joseph L. Thompson, Harvey Adams,
Francis A. Thompson &
James L. Alexander Defendants
Now at this day comes the said Plaintiff by attorney and files his petition herein with
(continued)
175
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
IN VACATION JULY TERM 1864
p 460.461 (cont.)
the Clerk the object of which is to obtain Judgment against Defendants on a promissory note for the sum of $3000.09 dated June 12th 1861 and due one day after date bearing 10% interest per annum from due and if interest not paid annually then to become principal and bear same rate of interest as principal.And it appearing from the affidavit of Plaintiff's agent that Defendants Joseph L. Thompson, Francis A. Thompson and Harvey Adams have absented themselves from their usual places of abode in this State so that the ordinary process of Law cannot be served upon them.It is ordered by the undersigned Clerk of said Court that Defendants be notified of the commencement of this suit by publication in the Springfield Missourian, a newspaper published in the State of Missouri for four weeks successively the last insertion at least four weeks before the commencement of the next term of this Court which will be begun and holden at the Court House in said County on the 2nd Monday in July next and unless Defendant shall on or before the 6th day of said term appear and plead to Plaintiff's petition the same will be taken as confessed.
M.J. Hubble Clerk
p 461.
Elizabeth D. Campbell, as admin of
Estate of Leonidas C. Campbell,
deceased, who died intestate Plaintiff
vs
Marshall C. Murray Defendant
Now at this day comes the said Plaintiff by attorney and files her petition herein with the Clerk the object of which is to obtain Judgment against Defendant on a promissory note for the sum of $661.14 dated January first 1860 due one day after date bearing 10% interest per annum from date and also to foreclose the Equity of Redemption in and to the following described real estate, viz: Lot No 1 NW fcl 1/4 Section 7 Township 29 Range 23, also Lot No 2 NW fcl 1/4 same Section Township and Range as above also E 1/2 Lot No 5 NW fcl 1/4 Section 5 and No 6 NW fcl 1/4 same Section, Township and Range and it appearing from the affidavit of Plaintiff's attorney that the residence of Defendant is unknown. It is ordered by the undersigned Clerk of said Court that Defendant be notified of the commencement of this suit by publication in the Springfield Missourian, a newspaper published in the State of Missouri, for four weeks successively the last insertion at least four weeks before the commencement of the next term of this Court which will be begun and holden at the Court House in said County on the 2nd Monday in July next and unless Defendant shall on or before the 6th day of said term appear and plead to Plaintiff's petition the same will be taken as confessed.
M.J. HubbleClerk
p 462.
James W. Boren Plaintiff
vs
Lemuel H. Richey Defendant
Now at this day comes the Plaintiff and files his petition verified by affidavit with the undersigned Clerk in vacation the general object of which is to obtain judgment against Defendant for the sum of $200 for certain personal property taken by Defendant from Plaintiff wrongfully and without leave and it appearing from the affidavit of Plaintiff that Defendant has absconded or absented himself from his usual place of abode in this State.It is therefore ordered that the Defendant be notified by publication in the Springfield Journal for four successive weeks the last insertion at least four weeks before the first day of the next term of this Court to be and make his personal appearance before the Judge of our Greene Circuit Court on the first day of the next term thereof which commences on the 2nd Monday in July next at the Court House in Springfield, Greene County, Missouri, and plead to Plaintiff's petition on or before the 6th day of the term if the term shall so long continue if not then before the end of
(continued)
176
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
IN VACATION JULY TERM 1864
p 462 (cont)
the term or judgment will be rendered against him and his property which has been attached sold to satisfy the same. M.J. Hubble Clerk
p 462/463.
State of Missouri Court of Greene County
Joseph T. Moss Plaintiff
vs
Virgil W. Kimball Defendant
Now at this day comes the Plaintiff by attorney and files herein his petition and affidavit stating among other things that the Defendant has left his usual place of abode in this State so that the ordinary process of Law cannot be served upon him and this action being founded on a promissory note signed by Defendant for the sum of $280 dated September 20th 1860 due 12 months after date thereof bearing interest at the rate of 10% per annum from date until paid and also to foreclose the Equity of Redemption in the following described real estate, viz:31 feet off of the South side of Lots 59 & 60 Block 19 in Springfield, Greene County, Missouri. It is therefore ordered bv the undersigned Clerk of said Court that Defendant be notified of the commencement of this suit by publication in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively the last insertion at least four weeks before the first day of the next term of this Court which will commence on the 2nd Monday in July 1864 at the Court House in Springfield in said County and unless he appears on the 6th day thereof (if the term shall so long continue if not then before the end of the term) and plead to Plaintiff's petition the same will be taken as confessed and judgment rendered according ly and the Equity of Redemption in the real estate mentioned be forever foreclosed.
M.J. Hubble Clerk
p 463.
Joseph W. McClurg, William D. Murphy,
Marshall W. Johnson, Henry A. Massey,
Edward B. Torbert , partners in trade
doing business under firm name of
McClurg Murphy and Co. Plaintiffs
vs
John Hancock Defendant
Now at this day comes the Plaintiff by attorney and files herein their petition with the Clerk, the object of which is to obtain a judgment against Defendant on an Open Account herewith filed the amount of which is $50,000 and it appearing from the affidavit of Plaintiff's attorney that Defendant has absented himself from his usual place of abode in this State so that the usual process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court that Defendant be notified of the commencement of this suit by publication in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively the last insertion at least four weeks before the first day of the next term of this Court which will commence on the 2nd Monday in July 1864 at the Court House in Springfield in said County and unless he appears on the 6th day thereof (if the term shall so long continue if not then before the end of the term) and plead to Plaintiff's petition the same will be taken as confessed and judgment rendered accordingly.
p 463/464.
Martin Brashears Plaintiff
vs
Robert H. Edmonson &
Gabriel M. Freeman Defendants
Now at this day comes the Plaintiff by attorney and files herein his petition, the
(cont)
177
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
IN VACATION JULY TERM 1864
P 463/464 (cont)
object of which is to obtain a judgment against Defendants on a promissory note in the sum of $71.75 dated February 6th 1862 due 1st of October 1862 bearing 10% interest from due until paid and it appearing from the affidavit of Plaintiff's attorney that the Defendant Freeman is not a resident of this State.It is therefore ordered by the undersigned Clerk of said Court that Defendant be notified of the commencement of this suit by publication in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively the last insertion at least four weeks before the first day of the next term of this Court which will commence on the 2nd Monday in July 1864 at the Court House in Springfield in said County and unless they appear on the 6th day thereof (if the term shall so long continue if not then before the end of the term) and plead to Plaintiff's petition the same will be taken as confessed and judgment rendered accordingly.
M.J. HubbleClerk
Elisha Headlee, public administration in
charge of the Estate of Nicholas R.
Smith, deceased Plaintiff
vs
Jarvis M. Barker & John McElhannon Defendants
Comes the Plaintiff by attorney and files herein his petition the object of general nature of which is to obtain Judgment against Defendants on a promissory note dated October 18th 1860 for the sum of $256.72 said note given to Harriet and D.C. Smith as administrators of said note due one day after date bearing 10% interest per annum from date and it appearing from the affidavit of Plaintiff's attorney the Defendant Barker is not a resident of this State.It is therefore ordered by the undersigned Clerk of said Court, in vacation, that Defendant be notified of the commencement of this suit by publication in the Springfield Journal, a newspaper printed in thestate of Missouri, for four weeks successively the last insertion at least four weeks before the first day of the next term of this Court which will commence on the 2nd Monday in July 1864 at the Court House in Springfield in said County and unless they appear on the 6th day thereof (if the term shall so long continue if not then before the end of the term)and plead to P1aintiff's petition the same will be taken as confessed and judgment rendered accordingly. M.J. Hubble Clerk
p 465
Robert J. McElhaney Plaintiff
vs
John Lair Defendant
Now at this day comes the Plaintiff and files his petition, affidavit and bond stating among other things that the Defendant is not a resident of this State so that the ordinary process of Law cannot be served upon him.It is therefore ordered by the undersigned Clerk as aforesaid that publication be made notifying said Defendant that an action has been commenced against him in the Circuit Court of said County by petition and attachment founded on an account for $521.26 that unless he appears in our said Court at the next regular term thereof to be holden for Greene County at the Courthouse in Springfield in said County on the 2nd Monday of July next and on or before the 3rd day of the term if the term shall so long continue if not then before the end of the term and plead to Plaintiff's petition the same will be taken as confessed.It is further ordered that a copy hereof be published in the Springfield Missourian, a newspaper published in Greene County, Missouri, four weeks successively the last insertion to be at least four weeks before the commencement of said term.
178
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
IN VACATION JULY TERM 1864
p 465/466.
Eli J. Armstrong Plaintiff
vs In Circuit Court in Vacation July 1864 by Attachment
William A. Campbell Defendant
Now at this day comes the Plaintiff before the undersigned Clerk in vacation and files his petition, affidavit and bond verified as the Law requires the general object and nature of which is to obtain judgment by attachment against Defendant for the sum of $300 paid by Plaintiff on a Bill of Exchange made to the Bank of the State of Missouri by Plaintiff and to be paid by Defendant as per contract and it appearing from the affidavit of Plaintiff that Defendant has absented or absconded 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 aforesaid, in vacation, that publication be made notifying him that an action has been commenced against him by petition and attachment in the Green Circuit Court in the State of Missouri as above recited that his property is about to be attached and that he be and appear at the next term of said Court to be holden at the Court House in Springfield in the County of Greene on the 2nd Monday of July 1864 and on or before the 3rd day thereof if the term shall so long continue if not then before the end of the term plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered accordingly, it is fur ther ordered that a copy hereof be published in the State of Missouri for four successive weeks the last insertion to be at least four weeks before the commencement of the next term of this Court.
M.J. Hubble Clerk
p466.
William A. Gibson Plaintiff
vs
John Lair & Colley B. Holland Defendants
Now at this day comes William A. Gibson, Plaintiff in the above entitled cause, before the undersigned Clerk of the Circuit Court of Greene County, in vacation, and files his petition duly verified stating among other things that the above named Defendant, John Lair, is a nonresident of this State. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying him that an action has been commenced against him by petition in the Circuit Court of Greene County in the State of Missouri, founded upon a bond for the conveyance to the Plaintiff by said Defendant Lair of the following described real estate situate in said County, to wit Lot No 11 in John Lair's Addition to the town of Springfield, Missouri, and paying for a specific performance of the terms of said bond and unless he, said Lair, be and appear at the next term of said Court to be holden at the Court House in Springfield within the County of Greene on the 2nd Monday of July 1864 and on or before the 6th day thereof judgment will be rendered against him according to the prayer of said petition requiring him to convey to the above described lands to said Plaintiff. It is further ordered that a copy hereof be published in the Springfield Missourian, a newspaper published in said County of Greene for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court.
p 467.
Lucy Martin Plaintiff
vs Petition to Quiet Title to the East Half of the
SW 1/4 Section 20 of T28 R21 in the Dist of
Lands subject to sale at Springfield, Mo., & in
County of Greene, aforesaid
The Heirs and Legal Representatives
of Joseph Rich, deceased, Defendant
(continued)
179
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
IN VACATION JULY TERM 1864
p 467 (cont)
Now at this day comes Lucy Martin, Plaintiff in the above entitled cause, before the undersigned Clerk of the Circuit Court of Greene County aforesaid, in vacation, and files her petition stating that the said Joseph Rich in his lifetime sold to her a preemption right under the Act of 19th June 1834 to the above described tract of land with an improvement thereon that said Plaintiff paid to the United States the purchase money for the same that the patents issued in the name of the said Joseph Rich and that the patents issued in the name of the said Joseph Rich andthat she has, for the last thirty years paidthe taxes on said land, made valuable improvements on the same and has had possession of the same that the said Rich removed to the state of Arkansas and there died, that he left heirs whose names are unknown to her praying the Court to Quiet her Title to said tract of land.It is therefore ordered by the undersigned Clerk in vacation that publication be made notifying the Heirs and Legal Representatives of the said Joseph Rich, deceased, that an action has been commenced against them by petition, the object and nature of which is to obtain a axcnie of the said Circuit Court to Quiet her Titleto said tract of land for which a patent was issued to the said Joseph Rich and that the Heirs of the said Rich, deceased, whose names and residences are unknown to Plaintiff one interested only as the Heirs at Law of the said Joseph Rich, deceased, and that unless they appear at the next term of this Court to be holden at the Court House in Springfield, said County, on the 2nd Monday of July next and on or before the 6th day thereof (if the term shall so long continue, if not then before the end of the term) interlocutory judgment will be rendered in favor of the Plaintiff and against them.It is further ordered that a copy hereof be published in the Springfield Missourian, a newspaper in said Countyof Greene for four weeks successively the last insertion at least four weeks before the first day of the next term of this Court. M.J. Hubble Clerk
p 468.
Elizabeth Campbell as administratrix of
the Estate of Leonidas C. Campbell, Dec'd Plaintiff
vs
Leonidas A. Campbell Defendant
Comes the Plaintiff and files herein petition the object of general nature of which is to obtain a judgment against Defendant on a promissory note for the sum of $1100 dated October 12th 1861 due one day after date bearing 10% interest not paid annually to become principal and thereafter bear the same rateof interest as principal and it appearing from the affidavit of Plaintiff's attorney that 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 said Defendant that an action has been commenced against him by Petition in said Courtas above recited that his property is about to be attached and unless he appears at the next term of this Court which will be begun and held at the Court House in Springfield, County and State aforesaid on the 2nd Monday in July next and on or before the 6th day thereof (if the term shall so long continue if not then before the end of the term and plead to Plaintiff Judgment will be rendered against him.It is further ordered that a copy hereof be published in the Springfield Missourian, a newspaper in said County of Greene for fourweeks successively the last insertion at least four weeks before the first day ofthe next term of this Court.
M.J. Hubble Clerk
p 468/469.
Elizabeth Campbell as administratrix of the
Estate of Leonidas C. Campbell, Dec'd Plaintiff
vs
(continued)
180
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
IN VACATION JULY TERM 1864
p 468/469 (cont)
James S. Jones, Robert P. Faulkner,
John H. Miller, Richard M. Jones Defendants
Comes the Plaintiff and files herein petition the object of general nature of which is to obtain a judgment against Defendants on a promissory note for the sum of $3300, said note given to Leonidas C. Campbell in his lifetime dated March 5th 1858 due 12 months after date.And it appearing from the affidavit of Plaintiff's attorney that the Defendants, James S. Jones and Richard M. Jones, have absented themselves from their usual places 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 the said Court, in vacation, that publication be made in the Springfield Missourian, a newspaper published in the State of Missouri for four successive weeks the last insertion at least four weeks before the first day of the next term of this Court which will commence on the 2nd Monday in July next at the Court House in said County notifying said Defendants that unless they appear on or before the 6th day thereof (if the term shall so long continue if not then before the end of the term and plead to Plaintiff's petition the same will be taken as confessed and judgment rendered accordingly. M.J. HubbleClerk
p 469.
John C. Dunkle Plaintiff
vs.
Bruce M. Meir Defendant
Comes the Plaintiff and files his petition with the Clerk the object and general nature of which is to obtain a judgment on a promissory note dated November 1st 1859 due 25th December 1861 and signed by Defendant. Said note being given to one M.C. Murray and negotiated and it appearing from the affidavit of Plaintiff's attorney that Defendant is a nonresident ofthe State of Missouri. It is therefore ordered by the undersigned Clerk of said Court that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four successive weeks, the last insertion at least four weeks before the first day ofthe next term of this Court which will commence and be held at the Court House in said County on the 2nd Monday in July next notifying said Defendant that an action has been commenced against him by petition in said Court as above recited that his property is about to be attached and unless he appears on or before the 6th day of the next term of said Court and plead to Plaintiff's petition the same will be taken as confessed and judgment rendered accordingly. M.J. Hubble Clerk
p 469/470.
Joseph R. Still Plaintiff
vs
Elisha K. Barnes Defendant
Comes the Plaintiff by attorney and files herein his petition the object and general nature of which is to obtain judgment against Defendant on two promissory notes signed by Defendant, one dated 30th July 1860 due 26th July 1861, the other dated 30th July 1861 due 26th July 1861 bearing 10% interest per annum from maturity and it appearing by the affidavit of Plaintiff's attorney that the Defendant has absconded from his usual place of abode in the State of Missouri.It is therefore ordered by the undersigned Clerk of said Court that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri, for four successive weeks, the last insertion at least four weeks before the first day of the next term of this court which will commence and be held at the Court House in said County on the 2nd Monday in July next notifying said Defendant that an action has been commenced against him by petition in said Court as above recited that his property is about to be attached and unless he appears on or before the 6th day of the next term of said Court and plead to Plaintiff's petition the same will be taken as confessed and judgment rendered accordingly.
M.J. Hubble Clerk
181
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
IN VACATION JULY TERM 1864.
p 470
John Smith Plaintiff
vs In Greene Circuit Court July Term 1864
Samuel Fulbright & Daniel N. Fulbright Defendants
Comes the Plaintiff by attorney and files herein his petition the object and general nature of which is to obtain judgment against Defendants on a promissory note dated August 10th 1860 and due the first day of January 1861 for the sum of $3200 bearing 10% interest per annum and it appearing from the affidavit of Plaintiff's attorney that the Defendants had absented themselves from their usual places of abode in the State of Missouri so that the ordinary process of Law cannot be served upon them.It is ordered by the undersigned Clerk of the said Court that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri, for four successive weeks, the last insertion at least four weeks before the first day of the next term of this Court which will commence and be held at the Court House in said County on the 2nd Monday in July next notifying said Defendants that an action has been commenced against them by petition in said Court as above recited that their property is about to be attached and unless they appear at the next term of said Court and on or before the 6th day thereof and plead to Plaintiff's petition the same will be taken as confessed and judgment rendered accordingly. M.J. Hubble Clerk
p 470/471.
Bank of the State of Missouri Plaintiff
vs
Reuben E. Blakey Defendant
Comes the Plaintiff by attorney and files herein his petition the object and general nature of which is to obtain judgment against Defendant on a Bill of Exchange for the sum of $250 dated January 30th 1861 due four months after date and it appearing from the affidavit of Plaintiff's attorney that the Defendant has absented himself from his usual place of abode so that the ordinary process of Law cannot be served upon him. It is ordered by the undersigned Clerk of said Court that the Defendant be notified of the commencement of the suit by publication in the Springfield Missourian, a newspaper published in the State of Missouri for four successive weeks the last insertion at least four weeksbefore the first day of the next term of this Court which will be begun and holden at the Court House in said County on the 2nd Monday in July, next, and unless Defendant shall on or before the 6th day of said term appear and plead to Plaintiff's petition the same will be taken as confessed. M.J. Hubble Clerk
p 471.
Bank of the State of Missouri Plaintiff
vs
A.S. Layton, Thomas F. Layton
& John W. Hancock Defendants
Comes the Plaintiff by attorney and files herein his petition the object and general nature of which is to obtain judgment against Defendant on a promissory note in the nature of a Bill of Exchange for the sum of $155.10 dated October 10th 1861 due four months after the date thereof and it appearing from the affidavit of Plaintiff's attorney that the Defendants A.S. Layton and John W. Hancock, have absented themselves from their usual places of abode so that the ordinary process of Law cannot be served upon them.It is ordered by the Clerk of said Court that Defendants be notified of thecommencementof this suit by publication in the Springfield Missourian, a newspaper published in the State of Missourifor four successive weeks the last insertion at least four weeks before the first day of the next term of this Court which will be begun and holden at the Court House in said County on the 2nd Monday in July, next, and unless Defendant shall on or before the 6th day of said term appear and plead to Plaintiff's petition the same will be taken as confessed.
M.J. Hubble Clerk
182
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
IN VACATION JULY TERM 1864
p 471/472.
Bank of the State of Missouri Plaintiff
vs
J.B. Love, James Rowan, T.G. Newbill
& Alfred M. Julian Defendants
Comes the Plaintiff by attorney and files herein his petition the object and general nature of which is to obtain judgment against Defendants on a Bill of Exchange for $750 dated October 25th 1860 and due four months after the date and it appearing from the affidavit of Plaintiff's attorney that the Defendants T.G. Newbill and J.B. Love have absented themselves from their usual places of abode so that the ordinary process of Law cannot be served upon them. It is ordered by the Clerk of said Court that the Defendants be notified of the commencement of this suit by publication in the Springfield Missourian, a newspaper published inthe State of Missouri for four successive weeks the last insertion at least four weeks before the first day of the next term of this Court which will be begun and holden at the Court House in said County on the 2nd Monday in July, next, and unless Defendant shall on or before the 6th day of said term appear and plead to Plaintiff's petition the same will be taken as confessed.
M.J. Hubble Clerk
p 472.
Bank of the State of Missouri Plaintiff
vs
S.G. Martin, H.H. Cunningham
and R.M. Jones Defendants
Comes the Plaintiff by attorney and files herein his petition the object and general nature of which is to obtain judgment against Defendants on a Bill of Exchange dated March 21st 1861 for the sum of $100 due four months after date and it appearing from the affidavit of Plaintiff's attorney that the Defendant R.M. Jones has absented himself from his usual place of abode so that the usual process of Law cannot be served upon him. It is ordered by the undersigned Clerk of said Court that Defendants be notified of the commencement of this suit by publication in the Springfield Missourian, a newspaper published in the State of Missouri for four successive weeks the last insertion at least four weeks before the first day of the next term of this Court which will be begun and holden at the Court House in said County on the 2nd Monday in July, next, and unless Defendant shall on or before the 6th day of said term appear and plead to Plaintiff's petition the same will be taken as confessed. M.J. Hubble Clerk
p 472/473.
Elizabeth Campbell as administratrix of
Estate of Leonidas C. Campbell Plaintiff
vs.
William W. Blackman Defendant
Comes the Plaintiff by attorney and herein files her petition the object and general nature of which is to obtain a Judgment against Defendant on a promissory note in the sum of $1534.40 dated February 28th 1861 credited by $160 June 20th 1861 and it appearing from the affidavit of Plaintiff's attorney that the Defendant has absented himself from his usual place of abode in this State so that the usual process of Law cannot be served upon him. It is ordered by the undersigned Clerk of said Court that Defendant be notified of the commencement of this suit by publication in the Springfield Missourian, a newspaper published in the State of Missouri for four successive weeks the last insertion at least four weeks before the first day of the next term of this Court which will be begun and holden at the Court House in said County on the 2nd Monday in July, next, and unless Defendant shall on or before the 6th day of said term appear and plead to Plaintiff's petition the same will be taken as confessed.
M.J. Hubble Clerk
183
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
IN VACATION JULY TERM 1864
p 473.
John W. Wadlow Plaintiff
vs
Benjamin C. Hardin & Morris R. Hardin Defendants
Comes the Plaintiff by attorney and herein files his petition the object and general nature of which is to obtain a judgment against Defendants on a promissory note in the sum of $144.42 dated January 14th 1861 and it appearing from the affidavit of Plaintiff that the Defendant Benjamin C. Hardin has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him and the said Morris R. Hardin is not a resident of this State.It is therefore ordered by the undersigned Clerk of said Court that Publication be made in the Springfield Missourian, a newspaper published in the State of Missouri for foursuccessive weeks the last insertion at least four weeks before the first day of the next term of this Court which will be begun and holden at the Court House in said County on the 2nd Monday in July, next, that an action has commenced againstthem by petition in said Court as above recited that their property is about to be attached and unless they appear at the next term of this Court which will commence at the Court House in said Countyand on or before the 6th day thereof answer Plaintiff's petition the same will be taken as confessed. M.J. Hubble Clerk
p 473/474.
John H. Graham Plaintiff
vs
James M. Graham Defendant
Comes the Plaintiff and files herein his petition the object and general nature of which is to obtain a judgment against Defendant on an Open Account herewith filed, the amount of which is $191, and it appearing from the affidavit of Plaintiff that the Defendant is not a resident of the State of Missouri.It is therefore ordered by the undersigned Clerk of said Court that publication be made in the Springfield Missourian, a newspaper published in the State of Missouri for four weeks successively the last insertion at least 4 weeks before the 1st day of the next term of this Court notifying him that an action has been commenced against him by petition in said Court as above recited, that his property is about to be attached and unless he appears on or before the 6th day of the next term of this Court which will be holden at the Court House in said County on 2nd Monday in July next and plead to Plaintiffs petition the same will be taken as confessed. M.J. Hubble Clerk
p 474.
Greene County Plaintiff
vs
William G. Robinson, William Tatum,
James M. Graham Defendants
Comes the Plaintiff and files herein his petition the object and general nature of which is to obtain a judgment against Defendants on a promissory note dated March 16th 1861 due January 1st 1862 for the sum of $75 bearing 10% interest per annum and it appearing from the affidavit of Plaintiff's agent that the Defendants have absented themselves from their usual places 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 that the Defendants be notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion at least 4 weeks before the 1st day of the next term of this Court notifying them that an action has been commenced against them by petition in said Court as above recited, that their property is about to be attached and unless they appear on or before the 6tb day of the next term of this Court which will be holden at
(cont)
184
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
IN VACATION JULY TERM 1864
p 474 (continued)
the Court House in said County on 2nd Monday in July next and plead to Plaintiff's petition the same will be taken as confessed. M.J. Hubble Clerk
James F. Robinson Plaintiff
vs
Charles F. Tatum Defendant
Comes the Plaintiff and files herein his petition the object and general nature of which is to obtain a judgment against Defendant on two promissory notes, one dated may 6th 1861 for the sum of $195.82 and credited by $12.25 22 May 1861, the other dated February 21st 1860 for $50 with a credit of $20 6th November and it appearing from Plaintiff's affidavit 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 ordered by the undersigned Clerk of said Court that the Defendant be notified of the commencement of suit by publication in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion at least four weeks before the first day of the next term of this Court notifying him that an action has been commenced as above recited, that their property is about to be attached and unless he appears on or before the 6th day of the next term of this Court which will be holden at the Court House in said County on 2nd Monday in July next and plead to Plaintiff's petition the same will be taken as confessed. M.J. Hubble Clerk
James Robinson Plaintiff
vs
William Tatum Defendant
Comes the Plaintiff and files herein his petition the object and general nature of which is to obtain a judgment against Defendant on two.promissory notes, one dated April 19th 1861 for the sum of $146.67, the other dated March 5th 1860 for the sum of $100 bearing 10% interest. And it appearing from Plaintiff's affidavit 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 ordered by the undersigned Clerk of said Court that the Defendant be notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion at least four weeks before the first day of the next term of this Court notifying him that an action has been commenced as above recited, that his property is about to be attached and unless he appears on or before the 6th day of the next term of this Court which will be holden at the Court House in said County on 2nd Monday in July next and plead to Plaintiff's petition the same will be taken as confessed.
M.J. Hubble Clerk
James F. Robinson Plaintiff
vs
James M. Graham Defendant
Comes the Plaintiff and files herein his petition the object and general nature of which is to obtain a judgment against Defendant on 2 promissory notes signed by Defendant, one for the sum of $125 and dated April 15th 1860 both due one day after date and bearing 10% interest and it appearing from the affidavit of Plaintiff that 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 ordered by the undersigned Clerk of said Court that the Defendant be notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in the State of Missouri for 4 weeks successively the last insertion at least 4 weeks before the 1st day of the next term of this Court notifying him that an action has been commenced as above recited, that his property is about to be attached and unless he appears on or before the 6th day of the (continued)
185
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
IN VACATION JULY TERM 1864.
p 475 (cont)
next term of this Court which will be holden at the Court House in said County on 2nd Monday in July next and plead to Plaintiff's petition the same will be taken as confessed.
M.J. Hubble Clerk
p 476.
Thomas Tiller, administrator pendentilite
of Estate of John Adams, deceased Plaintiff
vs
Jane M. Adams, Thadeus Sharpenstein,
John S. Waddill Defendants
Comes the Plaintiff and files herein his petition the object and general nature of which is to obtain a judgment against Defendants for the sum of $2708 dated March 1st 1860 due one day after date and bearing 10% interest from date and it appearing from the affidavit of Plaintiff's attorney that the Defendants, Jane N. Adams and Thadeus Sharpenstein have absented themselves from their usual places of abode in this State so that the ordinary process of Law cannot be served upon them.It is ordered by the undersigned Clerk of said Court that the Defendants be notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion at least four weeks before the first day of the next term of this Court notifying him that an action has been commenced as above recited, that his property is about to be attached and unless he appears on or before the 6th day of the next term of this Court which will be holden at the Courthouse in said County on 2nd Monday in July next and plead to Plaintiff's petition the same will be taken as confessed.
M.J. Hubble Clerk
Thomas Tiller, administrator pendentilite
of Estate of John Adams, deceased Plaintiff
vs
Jane M. Adams, John R. Hill,
Francis M. Shockley Defendants
Now at this day comes Thomas Tiller administrator pendentilite of the estate of John Adams, deceased, the Plaintiff in this cause and files his petition and affidavit with the Clerk stating among other things that the Defendants, Jane M. Adams and John P. Hill are nonresidents of the State.It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying them that an action has been commenced against them by Petition in said Court as above recited founded upon a note and a mortgage to secure the same for the sum of $2633.93 and that unless they be and appear at the next term of said Court to be holden at the Courthouse in said County on the 2nd Monday of July 1864 and on or before the 6th day thereof and answer to said petition a default will be entered and the said petition will be taken as confessed and a judgment will be rendered against them for the amount of said note with interest and costs and a decree will be entered foreclosing and forever barring the Equity of Redemption of the said Defendants or either of them in and to the real estate described in said petition and authorizing the sale of the same or so much thereof as will be sufficientfor the payment of such judgment with the interests and costs.It is further ordered that a copy hereof be published in the Springfield Journal, a newspaper published in said County for four weeks successively the last insertion at least four weeks before the commencement of said Court.
M.J. Hubble Clerk
p 477.
John Carney & Absolem Blythe Plaintiffs
vs
Reuben Carter, John R. Williams,
Baker Russel and Charles J. Price Defendants
(continued)
186
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
IN VACATION JULY TERM 1864
p 477 (cont)
Comes the Plaintiffs by attorney and files herein their petition, the object and general nature of which is to obtain a judgment against Defendants on a promissory note for the sum of $1250 dated January 1st 1861 due 6 months after the date thereof bearing 10% interest from maturity and it appearing from the affidavit of Plaintiff's attorney that the Defendants Carter, Russel and Price are nonresidents of the State of Missouri.It is therefore ordered by the undersigned Clerk of said Court that the Defendants be notified of the commencement of this suit by publication in the Springfield Missourian a newspaper published in the State of Missouri for four weeks successively the last insertion at least 4 weeks before the 1st day ofthe next term of this Court notifying them that an action has been commenced against them by petition in said Court as above recited, that their property is about to be attached and unless they appear on or before the 6th day of the next term of this Court which will be holden at the Courthouse in said County on the 2nd Monday in July next and plead to Plaintiff's petition the same will be taken as confessed.
M.J. Hubble Clerk
p 477/478.
Elizabeth Campbell as administratrix of
Estate of Leonidas C. Campbell, dec'd Plaintiff
vs
Tyree G. Newbill & John Lair Defendants
Comes the Plaintiff and files herein her petition the object and general nature of which is to obtain a judgment against Defendants on a promissory note signed by Defendants dated March 13th 1859 for the sum of $1100 due one day after date bearing 10% interest and if interest not paid annually to become principal and bear same rate of interest and also to foreclose the Equity of Redemption in and to the following described real estate, viz: SE 1/4 Section 21 Township 29 Range 22 on which Defendant Newbill gave Plaintiff a mortgage as appears by the papers herewith filed and it appearing from the affidavit of Plaintiff's attorney that the Defendants have left their usual places 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 that the Defendants be notified of the commencement of this suit by publication in the Springfield Missourian, a newspaper published in the State of Missouri for weeks successively the last insertion at least four weeks before the first day of the next term of this Court notifying them that an action has been commenced against them by petition in said Court as above recited that their property is about to be attached and unless they appear on or before the 6th day of the next term of this Court which will be holden at the Courthouse in said County on the 2nd Monday in July next and plead to Plaintiff's petition the same will be taken as confessed and judgment rendered against them and the Equity of Redemption in and to the foregoing real estate be foreclosed and all or so much thereof as is necessary thereof be sold to satisfy said judgment.
M.J. Hubble Clerk
p 478.
Charles Sheppard, Joseph B. Kimbrough
& Edward L. Weaver late copartners
under name of Sheppard Kimbrough
& Weaver Plaintiffs
vs
Jane M. Adams Defendant
Now at this day comes Plaintiffs and files herein their petition the object of which is to obtain a judgment against Defendant on 3 promissory notes, one for $156.35 dated January 1st 1861 with interest at the rate of 10% due, and on failure to pay said interest annually it shall be principal and bear the same rate of interest as principal.And one note for $90.85 dated January 1st 1861 with interest at the rate of 10% from due, and on failure to pay said interest annually it should become principal and thereupon bear
(continued)
187
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
IN VACATION JULY TERM 1864
p 478 (continued)
the same rate of interest as the principal.And also one other note dated December 15th 1860 payable to the order of Henry Sheppard and assigned to Plaintiffs for $81.50 with interest from maturity at the rate of 10% per annum and it appearing from the affidavit of Charles Sheppard and one of the Plaintiffs that Defendant is not a resident of the State of Missouri.It is ordered by the undersigned Clerk of said Court that the Defendant be notified of the commencement of this suit by publication in the Springfield Missourian, a newspaper published in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of this Court which will be begun and holden at the Court House in said County on the 2nd Monday in July next and unless the Defendant shall on or before the 6th day of said term appear and plead to Plaintiff's petition the same will be taken as confessed.
p 479. June 6th 1864
Court met pursuant to adjournment.Present
The Honorable John J. Waddill, Judge of the 14th Judicial Circuit in the State of Missouri James F. Hardin Circuit Attorney for said Circuit M.J. Hubble Clerk of said Court for Greene County Thomas A. Reed Sheriff of said County, when and where the following proceedings were had, viz:
Now at this day comes the Sheriff of Greene County and returns into Court a venire for a Grand Jury, viz:A.G. McCracken who is by the Court appointed foreman, A.J. Potter, John Lany, James Squibb, William H. Hamilton, H.C. McGown, Robert H. Williamson, J.R. Ray, Martin Ingram, Solomon Catner, William F. Ward, William H. Sewell, R.R. Putman, Harrison Kelly, James Abbott Sixteen good and lawful men who having received the charge of the Court retired to consider of their presentments.
Warham S. McElhaney Plaintiff
vs Civil Action
Peyton Nowlin Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court files his motion to set aside the order of dismissal heretofore made in cause and reinstate the case on this docket and all and singular the premises being seen and fully understood by the Court said motion is by the Court sustained and said cause reinstated for trial.
p 479/480
Warham McElhaney Plaintiff
vs Civil Action
William D. Hendrick Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause.It is therefore considered by the Court that Defendant have and recover of and from Plaintiff his costs in this behalf laid out and expended for which execution may issue.
p 480.
Now at this day it appearing to the satisfaction of the Court that the jail of Greene County is insuvvicient for the safekeeping of the prisoners therein confined.It is therefore ordered by the Court that the Sheriff of Greene County appoint a guard of not more than three men to guard said prisoners.
p 480/481.
State of Missouri Plaintiff
vs Disturbing the Peace of a Family
C.B. Henslee Defendant _
(continued)
188
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
IN VACATION JULY TERM 1864
p 480/481 (continued)
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney and by consent of parties this cause is continued until the next term of this Court.
p 481.
State of Missouri Plaintiff
vs Felonious Assault
C.B. Henslee Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney and by consent of parties this cause is continued until the next term of this Court.
State of Missouri Plaintiff
vs Selling Goods Without License
Simon Lopez Defendant
Now at this day comes the Circuit Attorney who prosecutes and the Defendant being thrice called came not but made default.It is appearing to the satisfaction of the Court that on the 28 day of February 1863 the Defendant entered into recognizance in the sum of $100 with W.F. Bodenhamer as his security conditional that if the said Simon Lopez shall make his personal appearance before the Judge of the Circuit Court of Greene County, Missouri, on the first day of the next term of which will be held at the Court House in said County commencing on the first Monday in August 1863 then and there to answer an Indictment preferred against him by the Grand Jury of said County for unlawfully selling goods wit hout license and not depart said Court without leave and abide all orders touching the premises then this obligation to be void otherwise to remain in full force and the said W.F. Bodenhamer being thrice called.and required to bring in to Court the body of Simon Lopez in obedience to his said recognizance be forfeited to the State of Missouri and that a sciria facias be issued to the said Simon Lopez and W.F. Bodenhamer requiring them to appear on the first day thereof of the Greene Circuit Court which will commence on the 2nd Monday in July next at the Court House in said County and show cause if any they have why judgment shall not be rendered against them for said sum of $100 and costs of said suit.
p 482.
State of Missouri Plaintiff
vs No 1 Treason vs the State
Joseph J. Weaver Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney, the motion heretofore filed in this cause and all and singular the premises being seen and fully understood by the Court the Court doth hold that said Indictment in matters therein as stated are insufficient for the State of Missouri to hold said Defendant to answer the charges therein set forth and the State of Missouri take nothing by her said writ and that Defendant go hence without day and a fee bill issue in this cause.
State of Missouri Plaintiff
vs No 1 Treason vs the State
Joseph J. Weaver Defendant
Now at this day comes the Circuit Attorney and excepts the ruling of the Court in this cause and prays an appeal to the Supreme Court ofthis State which by the Court is granted.
189
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