Springfield-Greene
County LibraryIn Vacation
Book F
June 13, l864
p 515.
Court met pursuant to adjournment. Present as on Saturday.
James D. Van Biber Plaintiff
vs Civil Action
Abner Williams 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.
John L. Wallace Plaintiff
vs Civil Action
Ripley B. Weaver Defendant
Now at this day comes the Defendant by attorney and is given until next term of this Court to plead in this cause until the next term of this Court without prejudice to the trial in this cause.
Bank of the State of Missouri Plaintiff
vs Civil Action
V.W. Kimball, W.G. Evans
and W.H. Worrell Defendants
Now at this day comes this cause to be heard on the demurer heretofore filed in this cause and all and singular the prernises being seen and fully understood by the Court, said demurer is by the Court sustained and Plaintiff has leave to amend.
Bank of the State of Missouri Plaintiff
vs Civil Action #1 & #2
T.F. Layton & C.A. Haden Defendants
Now at this day cornes the Plaintiff by attorney and by leave of Court this cause is continued until next term.
p 516.
Thomas J. Bailey Plaintiff
vs Civil Action
John S. Kimbrough Defendant
Now at this day comes the Jury into Court and having wholly failed to agree on a verdict it is ordered by the Court that said Jury be discharged which is accordingly done.
James Atkinson and Benjamin F. Acock Plaintiffs
vs Civil Action
John McElhanon, Allen Edmonson
and Andrew N. Appleby Defendants
Now at this day comes the Defendants by attorney and by leave of Court filed his motion for an arrest of the Judgment in this cause which said motion is by the Court overruled to which ruling by the Court the Defendant excepts.
James Atkinson and Benjamin F. Acock Plaintiff
vs Civil Action
John McElhanon, Allen Edmonson
and Andrew M. Appleby Defendants
Now at this day comes the Defendants by attorney and by leave of Court files his motion for an arrest of the Judgment in this cause which said motion is by the Court overruled to which ruling by the Court the Defendant excepts.
1
GREENE COUNTY,MISSOURI CIRCUIT COURT CASES
BOOK F
JANUARY ADJOURNED TERM
JUNE 13, 1864.
p 517.
State of Missouri Plaintiff
vs Gaming
G.B. Maupin Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and for a plea says he is guilty in manner and form as charged in the Indictment. It is therefore considered by the Court that Defendant G.B. Maupin be fined $10 for committing said offence and that the State of Missouri have and recover of and from Defendant her said sum of $10 as well as costs in this behalf laid out and expended for which execution may issue and Defendant be held in custody until fine and costs are paid.
p 518.
Ordered by the Court adjourn until tomorrow morning 8 o'clock.
John S. Waddill C J
June 14, l864
Court met pursuant to adjournment. Present a on yesterday.
Motions filed
Bank of State of Missouri vs V.W. Kimball. Civil Action
James Atkinson & Benjamin F. Acock admins vs John McElhanon et al. Civil Action
William D. Miller vs J.L. Thompson et al. Civil Action
J.W. McClurg Plaintiff
vs Correction of Sherriff'sDeed
J.W. Rainey Defendant
Now at this day comes T.A. Reed, Sheriff, and asks leave of Court to correct a Deed to J.B. Rainey for lands sold under execution in the above cause so as to make it read Section 8 instead of Section 28 which is by the Court granted and it is ordered by the Court the record be amended accordingly.
p 519.
H.C. McGown Plaintiff
vs Correction of Sheriff'sDeed
W.L. Howard & B.S. Johnson Defendants
Now at this day comes T.A. Reed, Sheriff, and asks leave of Court to correct a Deed to Prior L. Wallace for lands sold under execution in the above cause so as to strike out the SW 1/4 of SE 1/4 in said Deed mentioned, it having been erroneously inserted which is by the Court granted and the Court doth order that the Court amend the record accordingly.
p 519/520.
Bank of the State of Missouri Plaintiff
vs Civil Action
William H. Henslee admin of
Jabez Owen, deceased.
Henderson Jones, Marcus Boyd,
William H. Frazier, William L. Thompson Defendants
Now at this day comes the plaintiff by attorney and by leave of Court dismisses this suit as to the Defendant Frazier and the Defendant Boyd having answered and both parties waiving a Jury the cause is tried before the Court sitting as a Jury and it appearing to the satisfaction of the Court that the Defendants Jones, Boyd and Henslee had been served with process at least 15 days before the first day of the present term of this Court and the Defendant Thompson had been notified by publication in the Springfield Missourian, 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 present term of this
(continued)
2
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
June 14, 1864.
p 519/520 (cont)
Court to the Defendants Jones, Thompson and Henslee having failed to plead answer or demur to Plaintiff's petition the same is taken as confessed and it further appearing to the satisfaction of the Court that on the 29 day of March 1963 an attachment was issued from the office of the Clerk of the Greene Circuit Court against the Defendant Thompson which was by the Sheriff of said County returned on the 17 day of July 1863 executed by levying upon the following described real estate, viz: W 1/2 of NE 1/4 and E 1/2 of NE 1/4 and E 1/2 SE 1/4 Section 19 Township 28 Range 21 and this action being founded on a Bill of Exchange and the amount ascertained, The Court doth find from an examination of the same and from having the evidence produced by both Plaintiff and Defendant Boyd that the Defendants are indebted to Plaintiff in the sum of $800 debt and $178,66 damage. It is therefore considered by the Court that Plaintiff have and recover of andvfrom Defendants her said debt and damage as well as costs in this behalf laid out and expended and that a execution against the Defendants Boyd, Henslee and Jones and a special fi fa issue against the real estate of Defendant Thompson attached in this cause and all or so much thereof as is necessary be sold to satisfy said execution,
p 520.
State of Missouri Plaintiff
vs Selling Liquor Without License
J.M. Jarrett Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney, both parties having announced ready for trial and waiving the necessity of a Jury, this cause is tried before the Court sitting as a Jury and the Court having heard the evidence produced by both Plaintiff and defendant the Court doth find that Defendant is guilty in manner and form as charged in the indictment, It is therefore considered by the Court that Defendant be fined $20 for committing said offence and that the State of Missouri have and recover of and from Defendant her said sum of $20 as well as costs in this behalf laid out and expended and that Defendant be held in the custody of the Sheriff until fine and costs are paid.
p 521.
W.D. Miller Plaintiff
vs Civil Action
James L. Thompson et al
and
Charles Wadlow Plaintiff
vs Civil Action
J.L. Thompson et al Defendant
Now at this day comes Thomas A Reed Sheriff of Greene County and shows to the Court in making a Deed to lands sold by virtue of executions in the above entitled cause to Gideon Combs (which deed was by him in Open Court acknowledged on the 10 February 1863) there was manifest error in the recitations in said Deed and returns on said executions and presents another Deed and he being known to the Court as the Sheriff of Greene County and the person who executed the Deed first aforesaid and also who executed and delivered the same in lieu of the erroneous Deed aforesaid for the following real estate, viz: NE 1/4 Section 35 SW 1/4 SE 1/4 Section 30 Township 30 Range 24 and NW 1/4 NE 1/4 Section 14 Township 30 Range 23 sold under the execution in the above entitled causes and the said Gideon Combs.
Ordered by the Court that Court adjourn till tomorrow morning 8 o'clock,
John S. Waddill, C.J.
3
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK F
JANUARY ADJOURNED TERM
P 522 June 15, 1864.
Court met pursuant to adjournment.Present as on yesterday.
Bank of the State of Missouri Plaintiff
vs Civil Action
John H. Miller, Fidileo S. Jones
as admin of the estate of
Wilson Hackney, deceased,
and Samuel S. Vinton Defendants
Now at this day comes on to be heard the demurer of Defendants Vinton and Jones heretofore filed in this cause and all and singular the premises being seen and fully understood by the Court said demurer is by the Court overruled and Defendants have leave to plead until tomorrow morning 9 o'clock.
Bank of the State of Missouri Plaintiff
vs Civil Action
J.H. Miller, J.M. Carthel &
Samuel Vinton Defendants
Now at this day comes the demurer of Defendants Carthel and Miller heretofore filed to be heard and the premises being seen and fully understood by the Court said demurer is by the Court overruled and Defendant has leave to plead until tomorrow morning 9 o'clock.
Bank of the State of Missouri Plaintiff
vs Civil Action
D.L. Fulbright, W.H. Roper
and J.L. Fulbright Defendants
Now at this day comes on to be heard the demurer of Defendants Fulbright, heretofore filed in this cause, and all and singular the premises being seen and fully understood by the Court said demurer is by the Court overruled and Defendants have leave to plead until 9 o'clock tomorrow.
p 523.
Bank of the State of Missouri Plaintiff
vs Civil Action
Marcus Boyd, Sempronious H.
Boyd & Richard B. Owen Defendants
Now at this day comes on the motion to strike out Defendant's answer heretofore filed in this cause to be heard and all and singular the premises being seen and fully understood by the Court said motion is by the Court sustained.
Bank of the State of Missouri Plaintiff
vs Civil Action
Marcus Boyd, Sempronious H.
Boyd & Richard B. Owen Defendants
Now at this day comes the Plaintiff by attorney and Defendants having failed to further plead and it appearing to the satisfaction of the Court that the Defendants had been duly served with process and this action being founded on a promissory note signed by Defendants and the amount ascertained the Court doth find from an examination of the same that Defendants are indebted to the Plaintiff in the sum of $400 debt and $83.32 damages. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants her said debt and damage as well as costs in this behalf laid out and expended for which execution may issue.
4
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK F
JANUARY ADJOURNED TERM 1864
p 523.
McElhaney and Jaggard Plaintiffs
vs Civil Action
J.D. Brown Defendant
Now at this day comes the motion of Abraham Woody a purchaser of property sold by the Sheriff by virtue of an execution in the above cause to set aside the sale of the SW 1/4 of the SW 1/4 of Section 17 Township 28 Range 20 and the Court being fully advised in the premises the said motion is hereby sustained. It is therefore ordered by the Court that the sale of the land as above described be set aside and that an execution issue in the above cause for the unsatisfied part of said judgment.
p 523/524.
Bank of the State of Missouri Plaintiff
vs Civil Action
Jacob Woodward Defendant
Now at this day comes the motion for arrest of Judgment heretofore filed in this cause to be beard and the premises being seen and fully understood by the Court said motion is by the Court overruled.
State of Missouri Plaintiff
vs Petition to set aside Judgment
Steven Blackman, Aaron Nutt
and John M. Robertson Defendants
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney and the petition coming on to be heard and set aside the judgment rendered on the sciri facias heretofore issued in this cause and it appearing to the satisfaction of the Court that the said sciri facias does not run in the name of the State of Missouri. It is therefore considered by the Court that said Judgment be set aside, overruled and for naught held.
p 524/525.
John L. McCraw Plaintiff
vs Civil Action
Harvey H. Neaves Defendant
Now at this day comes the Plaintiff by attorney and announcing himself ready for trial therefore comes a Jury, viz: Joel Wilkerson, John M. Hall, L.W. Stafford, J.H. Price Sr, Henry Westmoreland, T.J. Oneal, M.M. Layman, John W. Still, J.H. McCluer, J.M. Kelly, T.W. Patterson and James Vaughan, twelve good and lawful men who after hearing the evidence of Plaintiff retired to consider of their verdict. Upon returning into Court they, through their foreman, presented the following verdict, viz: We the Jury find the
issues for the Plaintiff and assess the damage at $5000, James Vaughan, foreman. And it appearing to the satisfaction of the Court that on the 24th day of June 1862 an attachment was issued from the office of the Clerk of the Greene Circuit Court directed to the Sheriff of Greene County against the Defendant and was by said Sheriff returned on the 28 day of June 1862 executed by levying upon the following described real estate viz: E 1/2 SW 1/4 of SW 1/4 Section 29 Township 29 Range 20 and SE 1/4 of E 1/2 of Lot No 1 of NE fcl 1/4 of W 1/2 of Lot No 1 NE fcl 1/4 of Section 5 Township 28 Range 20 and NW 1/4 of SE 1/4 Section 21 Township 28 Range 20 and W 1/2 Lot 1 NE fcl Section 4 Township 28 Range 20 and SW 1/4 of Sect 4 Township 28 Range 20 and Lot No 1 SW 1/4 Section 18 Township 25 Range 16 and SW 1/4 of SW Section 33 Township 25 Range 16 and SW 1/4 of SW Section 33 Township 33 Range 20 and SE of SW and SW SE Section 29 Township 29 Range 20 and NW of NW Section 9 Township 28 Range 20 and SW of SE Section 4 Township 28 Range 20 and SE 1/2 of NE 1/4 Section 9 Township 28 Range 20 and E 1/2 of NE 1/4 Section 35 Township 29 Range 21 and W 1/2 of NW 1/4 of Section 36 Township 29 Range 21 and NW NW and SE NW Section 23 Township 27 Range 21 and SW 1/4 of SW 1/4 Section 14
(continued)
5
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK F
JANUARY ADJOURNED TERM 1864
p 524/525 (cont)
Township 27 Range 20 and NW 1/4 of Section 32 Township 27 Range 16 and NW 1/4 of SE and NE SW Section 9 Township 28 Range 20 and SW of SE Section 9 Township 28 Range 20 and SE NE Section 14 Township 29 Range 21 and NE of SE Section 16 Township 29 Range 20 and SE 1/4 and NE 1/4 Section 9 Township 28 Range 20 situate in Greene County. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said sum of $5000 as well as costs in this behalf laid out and expended and that a special fi fa issue against the real estate herein described and all or so much thereof as is necessary be sold to satisfy said execution.
p 525.
Elisha Headlee, Assignee for the
Benefit of the Creditors of
Thomas J.M. Hawkins Plaintiff
vs Civil Action
Miles T. Abernathy Defendant
Now at this day comes on to be beard the inquiry of damage heretofore ordered in this cause and the Plaintiff waiving a Jury this inquiry is had before the Court sitting as a Jury and the Court having heard the evidence produced by the Plaintiff doth find that Defendant is indebted to Plaintiff in the sum of $66.57. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt as well as cost in this behalf laid out and expended for which execution may issue.
p 526.
Elisha Headlee, Assignee for the
benefit of the Creditors of
Thomas J.M. Hawkins Plaintiff
vs Civil Action
David R. Abernathy Defendant
Now at this day comes on to be heard the inquiry of damage heretofore ordered in this cause and the Plaintiff waiving a Jury this inquiry is had before the Court sitting as a Jury and the Court having beard the evidence produced by the Plaintiff doth find that Defendant is indebted to Plaintiff in the sum of $172.80. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt as well as cost in this behalf laid out and expended for which execution may issue.
p 526/527.
State of Missouri Plaintiff
vs Treason
Joseph J. Weaver Defendant
Now at this day comes the Circuit Attorney and says he is unwilling to further prosecute this cause but suffer the same to be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and that Defendant go hence without day.
p 527.
State of Missouri Plaintiff
vs Treason
Joseph J. Weaver Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person as principal and James R. Danforth and William Massey as his securities and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $2500 to be levied of their respective goods and chattels, lands and tenements but to be void upon condition that the said Joseph J. Weaver shall appear in the Supreme Court at the
(continued)
6
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY ADJOURNED TERM 1864
p 527 (continued)
next term thereof to receive judgment on the appeal taken in this cause and in the Court in which the indictment was found if the Supreme Court shall so order at such time and place as said Court shall direct and that he will render himself in execution and obey every order and judgment made in the premises.
Bank of the State of Missouri Plaintiff
vs Civil Action
James Vaughan, William H. Henslee
as Administration of Estate of
Jabez Owen, deceased and
Wade H. Burden Defendants
Now at this day comes the Plaintiff by attorney and the Defendants Vaughan and Burden also appearing by attorney and the said Defendants Vaughan and Burden having answered in the cause and both parties having waived the necessity of a Jury, this cause is tried before the Court sitting as a Jury and it appearing to the satisfaction of the Court that the Defendant Henslee as administration, etc, had been duly served with process at least 15 days before the first day of the present term of this Court and having failed to plead to Plaintiff's petition the same is taken as confessed as to Defendant Henslee and the Court having heard the evidence of both Plaintiff and Defendants doth find that this is an action founded on a Bill of Exchange signed by Defendants whereby the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $900 debt and $188 damage. It is therefore considered by the Court that
Plaintiff have and recOver of and from Defendants her said debt and damage as well as costs in this behalf laid out and expended for which execution may issue against Defendants Vaughan and Burden.
p 528.
Ordered by the Court that Court adjourn untill tomorrow morning 9 o'clock.
Springfield, June 16th 1864.
Court met pursuant to adjournment. Present as on yesterday.
State of Missouri Plaintiff
vs Selling Liquor Without License
Noah Atkins Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney and by leave of Court says he is guilty in manner and form as set forth in the Indictment. It is therefore considered by the Court that Defendant be fined $20 for committing said offence and that the State of Missouri have and recover of and from said Defendant her said sum of $2O as well as costs in this behalf laid out and expended and Defendant be held in custody of the Sheriff until fine and costs are paid.
p 529.
State of Missouri Plaintiff
vs Selling Liquor Without License
Thomas J. Andrews Defendant
Now at this day comes Thomas J. Andrews as principal and B.G. Andrews and J.R. Townsend as his securities and acknowledge themselves each to owe and stand 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 upon condition that the said T.J. Andrews shall be and make his personal appearance before the Judge of our Greene Circuit Court at the next term thereof which will be held at the Court House in said County on the 2nd Monday in July 1864 to answer a Bill of Indictment preferred against him by the Grand Jury of said County and not depart said Court without leave otherwise to remain in full force.
7
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK F
JANUARY ADJOURNED TERM 1864
p 530.
William P. McCullah Plaintiff
vs Civil Action
Leonidas C. Campbell Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court suggests the death of Defendant in this cause and on his motion the interlocutory judgment heretofore rendered in this cause is by the Court Set aside whereupon the Plaintiff files his petition to bring into Court the tegal Representatives of Defendant as Defendant in this cause and a summons ordered to issue.
Solomon H. Nevill Plaintiff
vs Civil Action
James S. Jones and Richard M. Jones Defendants
Now at this day comes the motion of Benjamin Acock a Judgment Creditor of Defendant R.M. Jones heretofore filed in this cause to be heard to quash the execution heretofore issued in this cause and all and singular the premises being seen and fully understood by the Court sustained and said execution is quashed and the Court doth further order that the final Judgment heretofore rendered in this cause shall be amended and for naught held as a final Judgment but shall be held as a Judgment by default.
State of Missouri Plaintiff
vs Keeping Gaming House
Thomas J. Andrews Defendant
Now at this day comes Thomas J. Andrews as principal and B.C. Andrews and J.R. Townsend as his securities and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $250 to be levied of their respective goods and chattels, lands and tenements but to be void upon this condition that the said T.J. Andrews shall be and make his personal appearance before the Judge of our Greene Circuit Court at the next term thereof which will be held at the Court House in said County on the 2nd Monday in July 1864 to answer a Bill of Indictment preferred against him by the Grand Jury of said County and not depart said Court without leave otherwise to remain in full force.
p 531.
State of Missouri Plaintiff
vs Gaming
Thomas J. Andrews Defendant
Now at this day comes Thomas J. Andrews as principal and B.C. Andrews and J.R. Townsend as his securities and acknowledge themselves each to owe and stand 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 upon this condition that the said T.J. Andrews shall be and make his personal appearance before the Judge of our Greene Circuit Court at the next term thereof which will be held at the Court House in said County on the 2nd Monday in July 1864 to answer a Bill of indictment preferred against him by the Grand Jury of said County and not depart said Court without leave otherwise to remain in full force.
State of Missouri
vs sciria facias and Forfeiture recognizance
Stephen Blackman, Aaron Nutt
and John M. Robertson Defendants
Now at this day comes the Defendants by their attorney and file their niotion to quash the Writ issued in this cause and the Circuit Attorney as well as Defendants by their attorney being present because said Writ does not run in the name of the State of Missouri the motion is sustained and it is considered by the Court that said Writ be quashed.
8
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK F
JANUARY ADJOURNED TERM 1864
p 532.
State of Missouri Plaintiff
vs Forfeiture of Recognizance
Stephen Blackrnan, Aaron Nutt
and John M. Robertson Defendants
Now at this day comes the said Nutt and Robertson by their attorney and brings here into Court the body of the said Blackman in discharge of the said Recognizance and the Court finds that the said Blackman with good and sufficient security is already bound for his appearance to answer said Indictnient found against him in this Court doth order said forfeiture to be set aside and that the said Nutt and Robertson pay the costs attending the said forfeiture.
State of Missouri Plaintiff
vs Forfeiture of Recognizance
Stephen Blackman Defendant
Now at this day comes Stephen Blackman and files his petition to set aside the forfeit ure of recognizance in the above entitled cause and the Circuit Attorney who prosecutes for the State and the Defendant in his own proper person and by attorney announce themselves ready for trial and having waived a Jury, the Court sitting as a Jury after having the evidence produced by the Plaintiff and all and singular the matters being seen and fully understood by the Court said petition is by the Court sustained. It is therefore considered by the Court that the forfeiture be set aside and that the said Blackman go hence and be no further required to answer said recognizance.
p 532/533.
Jesse M. Redfearn Plaintiff
vs Civil Action
Leonidas C. Campbell Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court suggests the death of the Defendant in this cause and on motion of Plaintiff attorney the interlocutory judgment heretofore taken in this cause ordered to be annulled, cancelled and for naught held whereupon Plaintiff files his petition asking that Defendant's Legal Representatives be made parties in this cause and that a summons issue to said Defendants.
p 533.
Joseph R. Douglass Plaintiff
vs Civil Action
Leonidas C. Campbell Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court suggests the death of the Defendant in this cause and on motion of Plaintiff attorney the interlocutory judgment heretofore taken in this cause ordered to be annulled, cancelled and for naught held whereupon Plaintiff files his petition asking that Defendant's Legal Representatives be made parties in this cause and that a summons issue to said Defendants.
State of Missouri Plaintiff
vs Gaming
Theodore McAdams Defendant
Now at this day comes the Circuit Attorney and the Defendant by his proper agent and for a plea says he is guilty in manner and form as charged in the Indictment. It is therefore considered by the Court that the Defendant be fined $10 for the commission of said offence and that the State of Missouri have and recover of and from Defendant her said sum of $10 as well as costs in this behalf laid out and expended for which execution may issue and Defendant be held in custody of the Sheriff until fine and costs are paid.
9
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY ADJOURNED TERM 1864
p 534.
Allen Mitchell Plaintiff
vs Motion for an Execution
John McHenry Defendant
Now comes on to be heard the motion heretofore filed by Plaintiff asking for an execution be issued on the Judgment rendered in this cause and it appearing to the full satisfaction of the Court that the Defendant has been notified of the intention of Plaintiff to file said motion at least 10 days before the filing of the same by written notice posted in the Clerk's Office of the Circuit of this County and also by notice served on Defendant's agent more than 10 days before the first day of the present term of this Court and it further appearing to the Court from evidence offered that Defendant is not a resident of this State and that no part of the judgment has been paid. It is therefore considered and adjudged by the Court that Plaintiff have an execution on said judgment to enforce the judgment of his said debt and damage together with his costs laid out and expended.
p 534/535.
Bank of the State of Missouri Plaintiff
vs Civil Action
David L. Fulbright , William F.
Roper and John L. Fulbright Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Defendant Roper and the Defendants David L. Fulbright and John L. Fulbright appearing by attorney and both parties waiving the necessity of a Jury this cause is tried before the Court sitting as a Jury and the Court having heard the evidence produced by both Plaintiff and Defendants doth find that Defendants are not indebted to Plaintiff as set forth in her petition. It is therefore considered by the Court that Defendants have and recover of and from Plaintiffs their costs in this behalf laid out and expended for which execution may issue whereupon Plaintiff files his motion for a new trial which is by the Court overruled.
p 535.
Thomas A. Reed as Sheriff Plaintiff
vs Motion for Judgment
Henry Sheppard Defendant
Now at this day this cause is continued as an affidavit. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his costs in this behalf laid out and expended for which a fee bill may issue.
State of Missouri Plaintiff
vs Selling Liquor Without License
J.M. Jarrett Defendant
Now at this day comes the motion for a new trial heretofore filed in this cause to be heard and all and singular the premises being seen and fully understood by the Court said motion is by the Court overruled.
State of Missouri Plaintiff
vs Gaming
John H. Rosey Defendant
Now at this day comes the Circuit Attorney the Defendant in his own proper person and for a plea says he is guilty in manner and form as charged in the Indictment. It is therefore considered by the Court that the State of Missouri have and recover of and from Defendant her said sum of $10 as well as costs in this behalf laid out and expended and that Defendant be held in custody of the Sheriff until fine and costs are paid.
10
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES.
BOOK F
JANUARY ADJOURNED TERM 1864
p 535.
Ordered by the Court that Court adjourn until tomorrow morning 8 o'clock.
John S. Waddill C J
pages 536 and 537 blank.
p 538. June 17th 1864.
Court met pursuant to adjournment. Present as on yesterday.
State of Missouri Plaintiff
vs Gaming
Davis Lutt Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and for a plea says he is guilty in manner and form as charged in the Indictment. It is therefore considered by the Court that Defendant be fined $l0 for committing said offence and that the State of Missouri have and recover of and from the Defendant her said sum of $10 as well as costs in this behalf laid out and expended and be held in custody of the Sheriff untill fine and costs are paid.
p 539.
Bank of the State of Missouri Plaintiff
vs Civil Action.
John H. Miller, Joseph M. Carthel
and Samuel S. Vinton Defendants
Now at this day comes the Plaintiff by attorney and the Defendant also and the Defendant having failed to further plead and the Defendant Miller having been served with process 15 days prior to this term, the Plaintiff waiving the necessity of a Jury in this cause is tried before the Court sitting as a Jury and the Court having examined the evidence produced by Plaintiff doth find this is an action founded on an instrument for direct payment of nioney, of writing, signed by Defendants and that Defendants are indebted to Plaintiff in the sum of $723 debt and also $137.92 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants her said debt and damage as well as costs in this behalf laid out and expended for which execution may issue.
p 540.
Bank of the State of Missouri Plaintiff
vs Civil Action
John Lair, Samuel S. Vinton
and John Miller Defendants
Now at this day comes the Plaintiff by attorney and the Defendant also appearing by attorney and the attorney and the Defendant having failed to further plead to Plaintiff's petition and the Defendants, Lair and Miller having been duly notified as the law directs, Plaintiff having waived the necessity of the Jury this cause is tried before the Court sitting as a Jury and the Court having heard the evidence produced by Plaintiff doth find from an examination of the same that this is an action founded on an instrument of writing signed by Defendants and that Defendants are indebted to Plaintiff in the sum of $4000 debt and also the suni of $733.33 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants her said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and a special fi fa against the following described real estate heretofore attached in this cause as the property of Defendant Lair Lot 1 SW fc 1/4 in Section 31 Township 29 and SE NW and NE NW Section 22 SE SW and NE SW Section 10 and SE SE and SW SE and NE SE and NW SE Section 6 and SE SE and SW SE Section 21 Township 29 Range 21 and all or so much thereof as is necessary be sold to satisfy said execution.
11
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY ADJOURNED TERM 1864
June 17, 1864
p 541.
Bank of the State of Missouri Plaintiff
vs Civil Action
John H. Miller, Fidelio S. Jones
as adminstration of the Estate of
Wilson Hackney, deceased
and Samuel S. Vinton Defendants
Now at this day comes the Plaintiff by attorney and the Defendant also by attorney and Defendant having failed to plead answer or demur to Plaintiff's petition and Defendant Miller having been served with process as the Law directs and the Plaintiff having waived the necessity of a Jury this cause is tried before the Court sitting as a Jury and the Court having heard the evidence of the Plaintiff doth find that this is an action founded on an instrument of writing signed by Defendants and further from an examination of the same that Defendants are indebted to Plaintiff in the sum of $568.75 debt and also $118.29 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damages as well as costs in this behalf laid out and expended.
Elisha Headlee as public administration Plaintiff
vs Civil Action
B.C. Hardin et al Defendants
Now at this day comes the Plaintiff by attorney and by leave of the Court files his motion to set aside sale of land in this cause.
p 542.
State of Missouri Plaintiff
vs Selling Liquor Without License
Nrs 1 through 12.
W.H. Worrell Defendant
Now at this day the motion heretofore filed in this cause is by the Court continued until the regular term of this Court.
State of Missouri Plaintiff
vs Selling Liquor Without Oath and Bond
James Burns Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and for a plea says he is guilty in manner and form as charged in the Indictment. It is therefore considered by the Court that the Defendant be fined $50 for committing said offence and that the State of Missouri have and recover of and from Defendant her said sum of $50 as well as costs in this behalf laid out and expended and Defendant be held in custody of Sheriff until fine and costs are paid.
p 542/543.
State of Missouri Plaintiff
vs Selling Liquor Without License #1.
James Burns Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney and for a plea says he is guilty in manner and form as charged in the Indictment. It is therefore considered by the Court that Defendant be fined $20 for the commission of said offence and that the State of Missouri have and recover of and from Defendant her said sum of $20 as well as costs in this behalf laid out and expended and Defendant be held in custody of Sheriff until fine and costs are paid.
12
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F.
JANUARY ADJOURNED TERM 1864
p 543.
State of Missouri Plaintiff
vs Selling Liquor Without License #2.
James Burns Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney and for a plea says he is guilty in manner and form as charged in the Indictment. It is therefore considered by the Court that Defendant be fined $20 for the commission of said offence and that the State of Missouri have and recover of and from Defendant her said sum of $20 as well as costs in this behalf laid out and expended and Defendant be held in custody of Sheriff until fine and costs are paid.
p 543/544.
Joseph R. Douglass Plaintiff
vs Civil Action Appeal From Justice Court
William Cannon Defendant
Now at this day comes this cause to be heard upon the issue joined upon Plaintiff's affidavit for an attachment in this cause and the Plaintiff appearing by H.J. Lindenbower his attorney and the Defendant by Baker and Julian his attorney likewise whereupon comes a Jury, viz: J.S. McQuerter, J.L. McCraw, Thomas Fay, N.M. Rountree, R.M. McCluer, L. Epperson, six good and lawful inen who having taken the oath prescribed by the convention were duly sworn to try the issue aforesaid and having heard the evidence the arguments of Counsel and the instruction of the Court retired to consider of their verdict and upon returning into Court they, through their foreman, and in the presence of the Jury, returned into Court the following verdict, viz: We the Jury find upon the issue for the Defendant John L. McCraw foreman. It is therefore considered by the Court that the said Plaintiff take nothing by his said suit and that the Defendant have and recover of and from Plaintiff his costs in this behald laid out and expended for which execution may issue,
p 544.
Ordered by the Court that Court adjourn untill tomorrow morning 8 o'clock.
John S. Waddill C J
June 18th 1864
Court met pursuant to adjourninent. Present as on yesterday
Ordered by the Court that a special adjourned session of this Court in continuation of the January term be held at the Court House on the 5th day of July 1864.
State of Missouri Plaintiff
vs Selling Liquor Without License
J.M. Jarrett Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his affidavit for an appeal in this cause which is by the Court granted.
p 544/545.
State of Missouri Plaintiff
vs Selling Liquor Without License
J.M. Jarrett Defendant
Now at this day comes the Defendant in his own proper person as principal and James W. Macks as his security and acknowledge themselves each to owe and stand 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 on condition that the said J.M. Jarrett shall be and make his personal appearance in the Circuit Court of Greene County to receive judgment in the appeal taken in this cause and in the Court in which the Indictment was found if
(continued)
13
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
JANUARY ADJOURNED TERM 1864
p 544/545 (continued)
the Supreme Court shall so order at which time and place and said Court shall direct and that he will render himself in execution and obey every order and judgment made in the premises.
p 545.
Bank of the State of Missouri Plaintiff
vs Civil Action
Hugh Boyd, T.J. Abernathy
and John Boyd Defendants
Now at this day comes on to be heard the demurer of Defendants Boyd heretofore filed in this cause and the premises being seen and fully understood by the Court said demurer is by the Court overruled and Defendant has leave to plead during the first week of the next term of this Court without prejudice to the trial in this cause.
p 546.
State of Missouri Plaintiff
vs Gaming
Thomas J. Andrews Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and having announced ready for trial Defendant for a plea says he is not guilty in manner and form charged in the Indictment whereupon comes a Jury, viz: J.H. Caynor, Elihu Messick, W.S. Dillard, John M. Hall, Thomas Phillips, Jeff Kinser, M.B. Gregory, James Appleby, Lawson Alexander, T.S. Burns, L.M. Bagby and Jesse Brashears, twelve good and lawful men who after taking the oath prescribed by the convention were sworn to try the issue and after hearing the evidence and receiving the instructions of the Court retired to consider of their verdict. Upon returning into Court, they, through their foreman in the presence of the Jury returned their verdict which is in words and figures as follows, viz: We the Jury find the Defendant not guilty in manner and form as charged in the Indictment, J.H. Caynor foreman. It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and that Defendant have and recover of and from Plaintiff his costs in this behalf laid out and expended for which a fee bill may issue and Defendant go hence without day.
p 547.
Bank of the State of Missouri Plaintiff
vs Civil Action
Jacob Shultz, Gabriel P.
Shackleford and William W. Lair Defendants
Now at this day comes the Plaintiff by attorney and by leave of the Court dismisses as to G.P. Shackleford and it appearing to the satisfaction of the Court that the said Defendant Jacob Shultz had been duly notified of the coqnencement of this suit by publication in the weekly Springfield Journal for four succesive weeks the last insertion at least four weeks before the first day of the present term of this Court and that the Defendant William Lair had been duly served with process as the Law requires and it further appearing that said Defendants have neither plead answered or demurred to Plaintiff's petition the same is taken as confessed and the Court from an examination of the instrument sued on doth find that the said Defendants are indebted to the Plaintiff in the sum of $1000 debt and $181.66 damage and it also appearing to the Court that in this action a Writ of Attachment was issued and on the first June 1863 on the following property of the Defendants G.P. Shackleford and Jacob Shultz viz: the NE 1/4 Section 19 Township 29 Range 21, the SE 1/4 Section 18 Township 29 Range 21, NW fcl 1/4 Section 19 T 29 R 21, SW fcl 1/4 Sect 18 T29 R21, SW 1/4 NW 1/4 Sect 21 T29 R21, SW 1/4 Sect 17 T29 R21, NE 1/4 Sect 18 T29 R21, Lots 5 & 6 NW fcl 1/4 Sect 1 T29 R22, W 1/2 Lot 4 NE fcl 1/4 Sect 1 T25 R22, W 1/2 Lot 7 NE fcl 1/4 Sect 1 T29 R22, also 20 shares in the Bank of the State of Missouri. It is
(continued)
14
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
JANUARY ADJOURNED TERM 1864
p 547 (cont)
therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendants her said debt and damage and costs and that a special execution issue to sell the real estate and property attached and a general execution issue against the said W.W. Lair in this behalf.
State of Missouri Plaintiff
vs Gaming
Henry MatlockDefendant
Now at this day comes the Circuit Attorney who prosecutes for the State and also the Defendant who for a plea says he is guilty as charged in the Bill of Indictment where upon the Court doth fine the Defendant in the sum of $10 for the commission of the offense. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from the Defendant her said fine and costs and that she have an execution therefor and that the Defendant remain in custody of the Sheriff until fine and costs are paid.
p 548.
State of Missouri Plaintiff
vs Gaming
Albert Moss Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who for a plea says he is guilty as charged in the Bill of Indictment whereupon the Court doth fine the Defendant in the sum of $10 for the commission of the offense. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from the said Defendant her said fine and costs and that she have execution therefor and that Defendant remain in custody of the Sheriff until fine and costs are paid.
Ordered by the Court that Court adjourn till 5th day of July next at 10 o'clock.
John S. Waddill C J
15
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