Springfield-Greene
County LibraryIn Vacation 1866
page 593 Blank
p 594. In the Circuit Court for Greene County. July Term thereof 1866
William J. McDaniel Plaintiff
against
Joseph M. Carthel and F.M. Fulbright Defendants
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendants, Joseph M. Carthel and F.M. Fulbright are nonresidents of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made in the Springfield Journal, a newspaper published in the State for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court, notifying said Defendants, Carthel and Fulbright, that an action has been commenced against them by petition and attachment in the Circuit Court for Greene County, in the State of Missouri, founded on a promissory note for the sum of $2992.50 dated March 13, 1860, due four months after date with interest from due at 10% per annum executed by said Defendants to John Young and J.J. Weaver and transferred to Plaintiff which note is entitled to credits as follows: December 26, 1860, $323.62, March 18th 1861 184.94, May 8th 1861 $393.90 and on same date $25.00 and on July 13, 1863, $2035.00 and that unless the Defendants above named be and appear at the next term of said Court to be holden in the Court House in Springfield in the aforesaid County and State on the second Monday in July A.D. 1866 and on or before the sixth day of said Term (if the term shall so long continue and if not then before the end of the term)and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered accordingly and the property of said Defendants which has been in this behalf attached sold to satisfy the same.
p 594/595.
In the Circuit Court for Greene County. July Term Thereof 1866.
Hosea Mullings Plaintiff
against
William R Robberson Defendant
Now at this day comes the Plaintiff by attorney in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendant, William R. Robberson, in the above entitled cause is a nonresident of the State of Missouri. 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 Circuit Court for Greene County, in the State of Missouri, founded on the wrongful taking of the following property of Plaintiff: one Rockaway Carriage, two brood mares and that unless he be and appear at the next term of this Court to be holden on the second Monday in July 1866 at the Court
(continued)
78
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
In Vacation
p 594/595 (continued)
House in Springfield in said County and State and answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the same. It is further ordered that a copy hereof be published in the Springfield Journal, a weekly newspaper published in Springfield, Missouri, for four weeks successively, the last insertion to be at least four weeks before commencement of the next term of said Court.
p 595.
In the Circuit Court for Greene County. July Term Thereof 1866.
Bank of the State of Missouri Plaintiff
against
Samuel Fulbright Defendant
Now at this day comes the Plaintiff by attorney in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendant, Samuel Fulbright, in the above entitled cause is a nonresident of the State of Missouri. 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 Circuit Court of Greene County, Missouri, founded on a promissory note and that unless he be and appear at the next term of said Court to be holden on the second Monday in July 1866 at the Court House in Springfield in said County and State and answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the same. It is further ordered that a copy hereof be published in the Weekly Missouri Patriot, a weekly newspaper published in Springfield, Missouri, for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court.
In the Circuit Court for Greene County. July Term Thereof 1866.
Samuel Leper Plaintiff
against
E.G. Collins Defendant
Now at this day comes the Plaintiff by attorney in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit Stating amongst other things that the above named Defendant, E.G. Collins, in the above entitled cause is a nonresident of the State of Missouri. 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 Circuit Court of Greene County, Missouri, founded on three promissory notes and that unless he be and appear at the next term of said Court to be holden on the second Monday in July 1866 at the Court House in Springfield in said County and State and answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the same. It is further ordered that a copy hereof be published in the weekly Missouri Patriot, a weekly newspaper published in Springfield, Missouri, for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court.
p 596.
John C. Logan Plaintiff
against In the Circuit Court for Greene County
Henry Small and James Hill Defendants
Now at this day comes the Plaintiff by attorney in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendants, Henry Small and James Hill in the above
(continued)
79
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
IN VACATION
p 596 (continued)
entitled cause are nonresidents of the State of Missouri. 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 and attachment in the Circuit Court of Greene County, Missouri, founded on a claim for unlawful taking the following personal property of Plaintiff's viz one two horse wagon and one set of harness (for two horses) and one breast chain, and that unless they be and appear at the next term of said Court to be holden on the second Monday in July 1866 at the Court House in Springfield in the said County and State and answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against them and their property sold to satisfy the same. It is further ordered that a copy hereof be published in the weekly Missouri Patriot, a weekly newspaper published in Springfield, Missouri, for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of
said Court.
p 596/597.
In the Circuit Court for Greene County. July Term Thereof 1866.
Anthony McRobertson Plaintiff
against
Henry Small and James Hill Defendants
Now at this day comes the Plaintiff by attorney in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendants, Henry Small and James Hill, are nonresidents of the State of Missouri so that the ordinary process of Law cannot be served upon them. 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 and attachment in the Circuit Court of Greene County, Missouri, founded on a claim for unlawful taking of the following personal property belonging to Plaintiff viz one sorrel mare 8 y ears old and that unless Henry Small and James Hill be and appear at the next term of said Court to be holden at the Court House in Springfield in the City of Springfield in the County and State aforesaid on the second Monday in July A.D. 1866 and on
or before the third day thereof (if the term shall so long continue and if not before the end of the Term) and plead answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against them and their property sold to satisfy the same. It is further ordered that a copy hereof be published in the weekly Missouri Patriot, a weekly newspaper published in Springfield, Missouri, for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court.
p 597.
In the Circuit Court for Greene County. July Term Thereof 1866.
John A. Mack Plaintiff
against
Daniel N. Fulbright Defendant
Now at this day comes the Plaintiff by attorney in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendant Daniel N. Fulbright , is a nonresident of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made in the Springfield Journal, a weekly newspaper published in this State for four weeks successively, the last insertion to be at least four weeks before the commencement of the next Term of said Court notifying said Defendant Daniel N. Fulbright that an action has been commenced against him by petition and attachment in the Circuit Court for Greene County founded on the unlawful taking of the following personal property belonging to Plaintiff, viz 500 bushels of Corn of the value of $5000
(continued)
80
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
IN VACATION
p 597 (continued)
forty tons of hay of the value of $800, fifty bushels of rye worth $100, five acres of standing Hungarian Grass worth ninety dollars and 35 gallons vinegar of the value of $10, and that unless the Defendant above named be and appear at the next term of said Court to be holden at the Court House in Springfield in the aforesaid County and State on the second Monday in July A.D. 1866 and on or before the third day thereof (if the term shall so long continue and if not before the end of the Term) and plead answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against them and their property sold to satisfy the same. It is further ordered that a copy hereof be published in the weekly Springfield Journal, for four weeks successively the last insertion to be at least four weeks before the commencement of the next Term of said Court.
p 598. In the Circuit Court for Greene County. July Term Thereof 1866.
Jay L. French & John E. Phelps Plaintiffs
against
Andrew J. Doren Defendant
Now at this day come the Plaintiffs by attorney in the above entitled cause before the undersigned Clerk, in vacation, and files their petition and affidavit stating amongst other things that the above named Defendant Andrew J. Doren, is a nonresident of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made in the weekly Missouri Patriot, a newspaper published in the State for four weeks successively, the last insertion being at least four weeks before the commencement of the next Term of said Court notifying said Defendant, Andrew Doren that an action has been commenced against him by petition in the Circuit Court for Greene County in the State of Missouri, founded on unsettled business of the copartnership formerly existing between the said Plaintiffs and the Defendant in which Plaintiffs ask judgment in the sum of $4095.56 and that unless the above named Defendant be and appear at the next term of said Court to be holden in the aforesaid County and State on the second Monday in July 1866 and on or before the third day of said term (if the Term shall so long continue and if not before the end of the term) and plead answer or demur to Plaintiff's petition the same will be taken as confessed.
p 598.
In the Circuit Court for Greene County. July Term Thereof 1866
William H. Henslee Plaintiff
against
Joseph M. Carthell Defendant
Now at this day comes the Plaintiff by attorney in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendant Joseph M. Carthell, is a nonresident of the State. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made in the Springfield Journal, a newspaper published in this State for four weeks successively, the last insertion being at least four weeks before the commencement of the next Term of this Court, notifying said Defendant, Joseph M. Carthell, that an action has been commenced against him by petition in the Circuit Court for Greene County, in the State of Missouri, for money paid as security for Defendant to the Bank for which he asks judgment for the sum of $1150 and interest on same at 10% per annum, since 22nd day of August 1863 and that unless the Defendant above named be and appear at the next Term of said Court to be holden at the Court House in Springfield, in the aforesaid County and State on the second Monday in July A.D. 1866 and on or before the third day of said Term (if the Term shall so long continue if not before the end of the term) and plead answer or demur to Plaintiff's petition the same will be taken as confessed.
81
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
IN VACATION
p 599
March 12th 1866. In the Circuit Court of Greene County, Missouri.
William H. Henslee Plaintiff
against
Francis Marion Fulbright Defendant
Now at this day comes the Plaintiff by attorney in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendant Francis Marion Fulbright , is a nonresident of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendant, Francis Marion Fulbright, that an action has been commenced against him by petition and attachment in the Circuit Court of Greene County in the State of Missouri, founded on a claim against him as a joint security with Plaintiff and John H. Miller on a Bill of Exchange dated 23rd May 1861 payable four months after date for S2000 and executed by Joseph M. Carthel as principal on which Plaintiff claims frorn Defendant $713 and 10% interest since 22 August 1863 and that unless the said Francis Marion Fulbright be and appear at the next Term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the third Monday in July A.D. 1866 and on or before the third day thereof (if the Term shall so long continue if not before the end of the term) and plead answer or demur to Plaintiff's petition the same will be taken as confessed. It is further ordered that a copy hereof be published in the Springfield Journal, a newspaper published in this State for four weeks successively, the last insertion thereof to be at least four weeks before the commencement of the next Term of said Court.
p 599/600.
William H. Henslee Plaintiff
against In the Circuit Court of Greene County,
Missouri
Joseph M. Carthel Defendant
Now at this day comes the Plaintiff by attorney in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendant, Joseph M. Carthel, is a nonresident of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendant, Joseph M. Carthel, that an action has been commenced against him by petition and attachment in the Circuit Court of Greene County, in the State of Missouri, founded on an account for money paid by Plaintiff as security for Defendant on a Bill of Exchange dated 23rd May 1861 and payable four months after date for $2000 and also for money paid out on the said Bill of Exchange by one John H. Miller as security for Defendant and on account of which was assigned by said Miller to the Plaintiff and for which Plaintiff claims $2138.66 and 10% interest since 23rd day August 1863 and that unless the said Joseph M. Carthel be and appear at the next term of said Court to be holden at the Court House in Springfield in the County and State aforesaid, on the third Monday in July A.D. 1866 and on or before the third day thereof (if the term shall so long continue and if not then before the end of the Term) and plead answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the same. It is further ordered that a copy hereof be published in the Springfield Journal, a newspaper published in this State for four weeks successively, the last insertion thereof to be at least four weeks before the commencement of the next term of said Court.
p 600.
John R. Earnest Plaintiff
against Order for Delivering of Specific Property
William Porter Defendant.
82
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
IN VACATION
p 600 (continued)
Now at this day comes the Plaintiff by attorney in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit stating amongst other things that he is the owner of and entitled to the possession of the following described personal property , to wit: "one sorrel gelding about 9 years old 15 hands and one or two inches high, three white feet, a ball face of the value of $125 and that the same was wrongfully detained from him by Defendant, and that he is in great danger of losing said property unless it be taken from Defendant or otherwise secured. It is therefore ordered by the Clerk aforesaid, in vacation, that the Defendant be required to deliver the property specified in Plaintiff's petition to the Sheriff, and if the same be not delivered, the Sheriff is commanded to take the property specified out of the possession of the Defendant and deliver the same to the Plaintiff.
p 601.
In the Circuit Court for Greene County July Term Thereof A.D. 1866
Ezekiel M. Campbell Plaintiff
against
William Campbell, William H. Henslee, admin
Jabez Owen, deceased, Sarah R. Owen,
widow of Jabez Owen, deceased,
Mary F. Owen, Felix G. Owen,
Sarah L. Owen & John H. Owen,
minor heirs of said Jabez Owen, deceased Defendants
Now at this day comes the Plaintiff by attorney in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendants, William A. Campbell, Sarah R. Owen, Mary F. Owen, Felix G. Owen, Sarah L. Owen and John R. Owen are nonresidents of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made in the Springfield Journal, a newspaper published in this State for four weeks successively, the last insertion being at least four weeks before the commencement of the present Term of said Court, notifying said Defendants last above named that an action has been commenced against them by petition in the Circuit Court for Greene County, in the State of Missouri, for the sale of the following described real estate situated in the County aforesaid, to wit: the SE 1/4 Section 26 also 30 acres off of the South end of the E 1/2 of the NE 1/4, also, 32 acres off of the South end of the W 1/2 of the NE 1/4 all in Section 26 Township 29 Range 22 containing 222 acres for the payment of the purchase money of said land, the said debt evidenced by a promissory note for the sum of $4660 dated May 30, 1859, due January 1st 1866 with 10% interest from maturity, said note being given by said Jabez Owen, deceased, to said William A. Campbell and by said Campbell assigned and transferred to Plaintiff and having endorsed thereon a credit dated April 3 1866 for $2300 and that unless the Defendants above named be and appear at the next term of said Court to be holden at the Court House in Springfield in the aforesaid County and and State on the second Monday in July A.D. 1866 and on or before the sixth day of said Term (if the Term shall so long continue and if not then before the end of the Term) and plead answer or demur to Plaintiff's petition the Same will be taken as confessed.
p 601/602.
In the Circuit Court of Greene County July Term 1866.
Charles S. Yancey, Jr. Plaintiff
against
George W. Parks Defendant
To George. W. Parks, above named Defendant. Now at this day comes the Plaintiff by his attorneys in the above entitled cause before the undersigned Clerk of the Circuit Court
(continued)
83
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book G
In vacation D
p 601/602 (continued)
of Greene County, Missouri, in vacation, and files his petition stating among other things that the Defendant, George W. Parks, in the above entitled cause is a nonresident of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying him that an action has been commenced against him on three certain promissory notes dated January 10th 1860 one for $1333.33 and the other two for $1333.33 with interest on each at rate of 10% per annum from April first 1860 and payable respectively on or before the first day of April 1861-1862-1863 and alleging that said notes were given for part payment of the purchase money for the following described tract or parcel of land to wit the SW 1/4 Section 11 Township 29 Range 22 in Greene County, Missouri and that unless he be and appear at the next term of said Court to be holden on the 3rd Monday in July 1866 to Plaintiff's petition the same will be taken as confessed and judgment rendered against him and said land sold to satisfy the same. It is further ordered that a copy hereof be published in the Springfield Journal, a weekly newspaper published in Greene County, Missouri, for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court.
p 602. In the Circuit Court of Greene County July Term 1866.
Sarah A. Neaves Plaintiff
vs
Harry H. Neaves Defendant
Now at this day comes the Plaintiff in the above entitled cause before the Clerk of the Greene Circuit Court, in vacation, and files her petition and affidavit stating amongst other things that the above named Defendant, Harvey H. Neaves, is not a resident of this State. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendant, Harvey W. Neaves, that an action has been commenced against him by petition and attachment in the Circuit Court of Greene County in the State of Missouri founded on a promissory note filed with said petition for the sum of $626 dated November 12th 1863 and that unless Harvey H. Neaves be and appear at the next term of said Court to be holden at the Court House in Springfield, in County and State aforesaid, on the second Monday in July A.D. 1866 and on or before the third day thereof (if the term shall so long continue, and if not, then before the end of the term) and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the same. It is further ordered that a copy hereof be published in the Missouri Weekly Patriot, a weekly newspaper published in Greene County, Missouri, for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court.
p 602/603.
E. Friborg Plaintiff
against In Circuit Court of Greene County
Joseph Pollock & Frank Klutz
& E.F. Kraft & J.G. Aumoth Defendants
Now at this day comes the Plaintiff in the above entitled cause before the Clerk of the Greene Circuit Court, in vacation, and files his petition and affidavit stating that he is entitled to the possession of the following described specific personal property viz a certain stock of goods now in Springfield, Missouri, in a Store in Danforth's Block in said Springfield and in the NE corner of the Block next to and on the Alley said stock of goods consisting of coats, pants, boots, shoes, hats, caps, hosiery, shirts and various other articles appertaining to such a store and about two dozen silver watches and a safe and all of said described goods and property as were in said store on the 22nd day of September 1865, that said goods and property are wrongfully detained by Defendants in the above entitled cause.
(continued)
84
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book G
IN VACATION
p 602/603 (cont)
It is therefore ordered by the Clerk as aforesaid that the Defendants be required to deliver the property specified in the affidavit of Plaintiff to the Sheriff and if the same is not delivered the Sheriff is required to take it from the Defendants and deliver it to the Plaintiff.
p 603.
David L. Fulbright Plaintiff
against In the Circuit Court of Greene County Mo.
Charles Carlton Defendant
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk of the Greene County Court and files his petition stating amongst other things that the above named Defendant, Charles Carlton, is a nonresident of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendant, Charles Carlton, that an action has been commenced against him by petition and attachment in the Circuit Court of Greene County in the State of Missouri to enforce the vendors lien of said Plaintiff against the following real estate sold by Plaintiff to said Defendant, to wit: Commencing at the SE corner of the W 1/2 of the SE 1/4 of Section 23 Township 29 Range 22 thence West 58 poles, thence North (4l 1/2 degrees E) 88 poles, thence South 66 poles and 8 links and situated in Greene County Missouri and to have the above real estate or a sufficiency thereof sold for the payment of the purchase money evidenced by two promissory notes executed to Plaintiff by Defendant, one for $600 dated December 1st 1859 due in 8 months with a credit of $50 dated December 25th 1860, the other note dated as the first for a like amount due in one day with interest on both said notes at 10% per annum and that unless said Defendant be and appear at the next term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the 2nd Monday in July A.D. 1866 and on or before the 6th day thereof (if the term shall so long continue, and if not, then before the end of the term) and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the same. It is further ordered that a copy hereof be published in the Springfield Journal, a weekly newspaper published in Greene County, Missouri, for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court.
p 604.
Eugene Fribourg Plaintiff
against In the Circuit Court of Greene County Mo
Frank Klutz, Joseph
Pollock & J.G. Aumoth Defendants
Now at this day comes the Plaintiff in the above entitled cause before the Clerk of the Greene Circuit Court, in vacation, and files his petition and affidavit stating amongst other things that he is entitled to the possession of the following specific property, viz, 20 boxes containing one dozen bottles in each box of wine of the value of $300 and that the said property is wrongfully detained by Defendants in the above entitled cause. It is therefore ordered by the Clerk as aforesaid, in vacation, that the Defendants be required to deliver the property specified in the affidavit of the Plaintiff to the Sheriff and if it be not delivered the Sheriff is hereby required to take it from the possession of the Defendants and deliver it to the Plaintiff.
85
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
IN VACATION
P 604.
Joel Abbott Plaintiff
vs In The Circuit Court of Greene County, Mo.
Sample Orr, Benjamin W. Cannefax,
Joseph M. Cannefax, Sr, Samuel
Fulbright, The Bank of the State
of Missouri, William J. Cannefax,
Sarah Cannefax, John R. Edwards
and wife Sarah Jane Edwards,
Robert H. Cannefax, J.M. Rountree,
Olivia Cannefax, Lucinda Cannefax Defendants
Now at this day comes the Plaintiff in the above entitled cause before the Clerk of the Greene County Circuit Court, in vacation, and files his petition and affidavit stating amongst other things, that some of the above named Defendants viz Sample Orr, Benjamin W. Cannefax, William Cannefax, Joseph M. Cannefax Sr, and Samuel Fulbright are nonresidents of this State. It is therefore ordered by the Clerk aforesaid that the publication be made in the Springfield Journal, a newspaper published in this State for four weeks successively, the last insertion being at least four weeks before the commencement of the next term of said Court, notifying said Defendants, Sample Orr, B.W. Cannefax, J.M. Cannefax and Samuel Fulbright, that an action has been commenced against them by petition in the Circuit Court for Greene County in the State of Missouri, the object and nature of which is to obtain partition of the following real estate viz E 1/2 of SE 1/4 Section 32 and SE 1/4of the SE 1/4 Section 30 and the NE 1/4 of the SE 1/4 of Section 30, all in Township 29 Range 22, and the NE 1/4 of NW 1/4 Section 5 Township 28 Range 22, also the W 1/2 of SE 1/4 Section 32 Township 29 Ramge 22, also E 1/2 SW 1/4 Section 32 Township 29 Range 22, also NE 1/4 of NW 1/4 Section 32 Township 29 Range 22, also W 1/2 of SE 1/4 Section 32 Township 29 Range 22, and that unless the Defendants above named be and appear at the next Term of said Court to be holden at the Court House in Springfield in the aforesaid County and State, on the second Monday in July A.D. 1866 and on or before the third day of said Term (if the term shall so long continue, and if not, then before the end of the term) and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered according to the prayer of said Plaintiff.
p 605.
D.C. Galbraith and
Francina M. Galbraith, his wife Plaintiffs
vs In the Circuit Court of Greene County, Mo.
Margaret M. Neaves, Harvey H. Neaves,
Sarah Neaves, Ann Eliza Neaves,
Mary Francis Neaves, Margaret
Burton Neaves, Thomas Little and
Elizabeth Little his wife, James B.
Neaves and Leonard Z. Neaves Defendants
Now at this day comes the Plaintiffs in the above entitled cause before the Clerk of the Greene County Circuit Court, in vacation, and files their petition and affidavit stating amongst other things that the above named Defendant, Harvey H. Neaves, is a nonresident of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendant, Harvey H. Neaves, that an action has been commenced against him by petition and publication in the Circuit Court of Greene County in the State of Missouri for partition of the following real estate belonging to the estate of Thomas B. Neaves, deceased viz E 1/2 W 1/4 of SW 1/4 Section 29 Township 29 Range 20, SE 1/4 Section 5 Township 28 Range 20, E 1/2 Lot 1 NE fcl 1/4 Section 5 Township 28 Range 20, W 1/2 Lot 1 NE fcl Section 5 Township 28 Range 20 NW 1/4 SE 1/4 Section 21 Township 28 Range 20, W 1/2 Lot 1 NE fcl 1/4 Section 4 Township 28 Range 20 SW 1/4 Section 4 Township 28
(continued)
86
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
IN VACATION
p 605 (cont)
R 20, NW 1/4 NW 1/4 Section 9 Township 28 Range 20, SW 1/4 SE 1/4 Section 4 Township 28 Range 20, S 1/2 NE 1/4 Section 9 Township 28 Range 20, also the following lands in Douglas County, Missouri, Lot 1 SW 1/4 Section 18 Township 25 Range 16, and that unless the Defendant, Harvey H. Neaves be and appear at the next term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the second Monday in July A.D. 1866 and on or before the third day thereof (if the term shall so long continue, and if not, then before the end of the term) and plead answer or demur to Plaintiff's petition the same will be taken as confessed. It is further ordered that a copy hereof be published in the Missouri Weekly Patriot, a newspaper published in this State for four weeks successively the last insertion thereof to be at least four weeks before the commencement of the next term of said Court.
p 606.
Harvey Hammontree Plaintiff
vs In the Circuit Court of Greene County, Mo.
Emily Renshaw Defendant
Now at this day comes the Plaintiff in the above entitled cause before the Clerk of the Greene Circuit Court, in vacation, and files his affidavit stating that he is entitled to the possession of the following specific personal property viz one iron gray horse four years old of the value of $100 which the Defendant wrongfully detains from the Plaintiff. It is therefore ordered by thg Clerk, as aforesaid, that the Defendant be required to deliver the property specified in Plaintiff's petition to the Sheriff of Greene County and if the same be not delivered the Sheriff is required to take the same from out of possession of the Defendant and deliver it to the Plaintiff.
Edwin T. Robberson Plaintiff
against In the Circuit Court of Greene County, Mo.
Patrick R. Smith, Dewit C. Smith
Sarah Smith, The Bank of the
State of Missouri, Dotia Smith Defendants
Now at this day comes the Plaintiff in the above entitled cause before the Clerk of the Greene Circuit Court, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendants, Patrick R. Smith and Dewit C. Smith, are nonresidents of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made in the Springfield Journal, a newspaper published in this State for four weeks successively, the last insertion being at least four weeks before the commencement of the next term of said Court notifying said Defendants, Patrick R. Smith and Dewit C. Smith, that an action has been commenced against them in the Circuit Court for Greene County in the State of Missouri for partition of the following real estate belonging to the estate of Nicholas R. Smith, deceased, viz E 1/2 NW 1/4 and E 1/2 SW 1/4 and W 1/2 SEt Section 12 Township 29 Range 22 and that unless the Defendants above named be and appear at the next term of said Court to be holden at the Court House in Springfield in the afore said County and State on the second Monday in July A.D. 1866 and on or before the third day of said term (if the term shall so long continue, and if not, then before the end of the term) and plead, answer or demur to Plaintiff's petition the same will be taken as confessed.
p 607.
In The Circuit Court of Greene County, Mo.
State of Missouri Plaintiff
vs Grand Larceny
Nathan Andrews Defendant
Now at this day it appearing to the satisfaction of the Court, that at the regular July
(continued)
87
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
IN VACATION
p 607. (cont)
term of the Greene Circuit Court which was begun and held at the Court house in the town of Springfield, Greene County, Missouri on the second Monday in July A.D. 1865 and on the first day of said term, it being the 10th day of July A.D. 1865 a forfeiture of recognizance was taken against Nathan Andrews and George W. Andrews, his security, in the sum of $1000 and that on the 10th day of July 1865 a scira facias was issued directed to the Sheriff of Pulaski County, Missouri, requiring the said Nathan Andrews and George W. Andrews to be and appear at the next term of this Court which would commence on the first Monday in January 1866 and on the 1st day thereof and show cause, if any they have, why such judgment should not be made final, and it appearing from the Sheriff's return that the said Nathan Andrews is a nonresident of this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Court that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri for four successive weeks, the last insertion to be at least four weeks before the first day of the next term of this Court which commences on the 2nd Monday in July 1866, notifying said Nathan Andrews to appear on the first day of the next term of this Court and show cause if any he has why judgment should not be rendered against him and his property sold to satisfy the same.
p 608.
Monday, May 28, 1866.
Court met pursuant to adjournment. Present Hon Robert W. Fyan, Judge of the 14th Judicial Circuit; J W D L F Mack, acting Circuit attorney; R.A.C. Mack, Clerk of said Circuit and J.A. Patterson, Sheriff of said County when and where the following proceedings were held.
Now at this day comes J.A. Patterson, Sheriff, and returns the special venire issued by the Judge of the Court for a Pannell of Grand Jurors with the following named persons summoned as Grand Jurors viz William T. Ward who is by the Court appointed foreman, H.R. Jarrett, L.A. Rountree, William Reynolds, W.B. Gregory, John M. Brewer, J.B. Perkins, W.J. McDaniel, Joel Abbott, John Roatte, E. Painter, George Obryant, Henderson Jones, Isaac Dyer, W. Wallis, George Wiley, William Cleburn, James West, 18 good and lawful men who being elected sworn and charged retired to consider of their presentments.
Asa Lyman
vs Civil Action
John C. Thompson
Now at this day comes the Defendant by attorney and by leave of Court files his motion to set aside the final and interlocutory judgment rendered in this cause.
Hash and Dudley
vs Civil Action
St. John
Now at this day this cause being by the Court called and the Plaintiff failing to appear and present his action, it is ordered by the Court that the same be stricken from the Docket, that the Plaintiff be adjudged to pay the costs herein expended in this behalf and that execution may issue therefore.
p 608/609.
M.E. Howard
vs Civil Action
John Tyler
Now at this day this cause being called by the Court and the Plaintiff failing to appear and prosecute his action, it is by the Court ordered to be stricken from the Docket and
(continued)
88
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
IN VACATION
p 608/609 (continued)
it is adjudged that the Plaintiff pay the costs herein expended on this behalf and that an execution may issue therefor.
p 609.
Causes continued until next term of this Court
John A. Mack vs E.D. Pipkin
D.S. Pearcy vs William Jackson and Norrell Jones
John Tennis vs L.P. Ayers
Sarah Woolsey
vs Civil Action
J.F. Oneal
Now at this day comes the Plaintiff by his attorney and says by leave of Courthe will dismiss this cause. It is therefore considered by the Court that this cause be dismissed, that the Plaintiff take nothing by his suit and that the Defendant have and recover of Plaintiff his costs laid 0Ut and that execution nay issue therefor.
W. Wooten
vs Civil Action
W. McClure
Now at this day comes the Plaintiff by attorney and says by leave of Courthe will not further prosecute this suit. It is therefore considered by the Court that the same be dismissed, that the Plaintiff take nothing by his suit and that the Defendant recover his costs laid out and expended and that he have an execution therefor.
p 610.
Claiburn Burns
vs Civil Action
Joseph Elkins
Now at this day comes the Plaintiff by attorney and says by leave of Courthe will not further prosecute this suit. It is therefore considered by the Court that the same be dismissed and that the Plaintiff take nothing by his suit, that the Defendant have and recover his costs expended and have execution therefor.
William Friend
vs Civil Action
A.J. Klepper
Now at this day comes the Plaintiff by attorney and says by leave of Courthe will not further prosecute this suit. It is therefore considered by the Court that the Same be dismissed and that the Plaintiff take nothing by his suit, that the Defendant have and recover his costs expended and have an execution therefor.
Ordered that Court adjourn until tomorrow 9 o'clock. R. Fyan Cir Judge
Tuesday May 29th 1866. Court met pursuant to adjournment. Present as on yesterday.
John Logan
vs Civil Action
J.C. Conley
Now at this day comes the Plaintiff by attorney and by leave of Court files his motion to dismiss the appeal in this cause.
89
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
IN VACATION
p 610.
Ordered by the Court that Nathan Bray and Parsons be permitted to sign the Roll as Attorney at Law.
p 611.
Causes continued to next term:
Jasper Brown vs Thomas Freeman
Charles Layton vs Spencer Hooper
George R. Barrett vs Berry Hardin
J.T. Campbell vs L.A. Campbell
Moses Hunter vs W.C. Caldwell and George Price.
p 612.
Elisha Headlee vs Henry Fulbright -- cause continued until next term.
J.F. Hardin
vs Civil Action
William Smith
Now at this day this cause being called and it appearing that the Judge of this Court has been Counsel in this cause, it is ordered that this cause be removed into the Probate and Common Pleas Court of Greene County and that the Clerk of this Court certify the Record and Original Papers therein to said Court.
M.M. Alexander
vs Civil Action, Motion to Quash Fi Fa
Samuel Fulbright and Charles Sheppard
Now at this day the motion to quash the execution in this cause and enter satisfaction of record coming on to be heard and the Court being fully advised of and concerning the premises said motion is sustained and it is adjudged by the Court that the said execution be quashed and that satisfaction of record be entered on said judgment.
Now at this day comes the Grand Jury and return into Court a Bill of Indictment against William Mosely for Grand Larceny and that capias issue forthwith.
Ordered that Court adjourn until tomorrow morning 9 o'clock. R.W. Fyan Cir Judge
p 613. Adjourned January Term May 30, 1866.
Court met pursuant to adjournment present as on yesterday.
D.C. Galbraith
vs Civil Action
James Smith
Now at this day this cause being called and it appearing that the Judge of this Court has been Counsel it is ordered that this cause be removed to the Probate and Common Pleas Court of Greene County and that the Clerk of this Court certify the Original Papers and the Record in this cause to said Court.
W.F. Creiger
vs Civil Action
M. Hughes
Now at this day this cause being called and it appearing that the Judge of this Court has been Counsel it is ordered that this cause be removed to the Probate and Common Pleas Court of Greene County and that the Clerk of this Court certify the Original Papers and the Record in this cause to said Court.
90
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
IN VACATION
P 614.
J.S. McQuerter
vs Appeal from J.P.
N.S. Richmond
Now at this day comes the Appellant and this cause is dismissed at the Appellants cost and it is therefore considered that the Appellee have and recover of and from the Appellant his costs expended and that he have execution therefor.
William Smith
vs Civil Action
R.B. Brown
Now at this day this cause being called and it appearing that the Judge of this Court has been Counsel it is ordered that this cause be removed to the Probate and Common Pleas Court of Greene County and that the Clerk of this Court certify the Original Papers and the Record in this cause to said Court.
Elizabeth Rice vs John McElhanon -- cause continued until next term of this Court.
p 615.
Joseph Weaver
vs Civil Action
Abernathy
Now at this day this cause being called and the same not being prosecuted the cause is by the Court stricken from the Docket and it is considered by the Court that Defendant recover of Plaintiff his costs expended and have an execution therefor.
James Vaughn vs L.E. Green Cause continued until next term of this Court.
Denny Turner et al
vs Civil Action
I.H. Paul et al
Now at this day comes the parties by attorney and for cause shown the interlocutory judgment rendered is by the Court Set aside and vacated and leave given Defendant to file his answer at the present term of this Court.
Eli G. Parris, admin John Young
vs Civil Action
A.C. Bradley
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant has been duly notified of the commencement of this suit by personal service of Writ of Summons more than 15 days before the first day of the present term of Court and having failed to plead, answer or demur to Plaintiff's petition the same being founded on a note of hand signed by Defendant for direct payment of money and the amount ascertained thereby. It is considered that the Plaintiff have judgment by default and the Court from an examination of the same doth find that the Defendant is indebted to the Plaintiff in the sum of $361.66 debt and $189.84 damage. It is therefore considered by the Court that the Plaintiff have and recover of Defendant his said Debt and Damage aforesaid and also costs, that the same bear 10% and that execution may issue therefor.
p 616.
State of Missouri Plaintiff
vs Grand Larceny
William Mosely Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and(continued)
91
GREEN COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
IN VACATION
p 616 (cont)
also the Defendant, William Mosely, in proper person and being arraigned before the Court and the Bill of Indictment having been read to him in open Court, he, the said William Mosely, did for a plea say that he was guilty in manner and form charged in the Bill of Indictment whereupon the Court doth find that the said Defendant, William Mosely, is guilty and doth assess a punishment on said Defendant imprisonment in the penetentiary of this State for the period of three years and that the Sheriff of Greene County without unnecessary delay convey him, the said William Mosely, to the State Penetentiary at Jefferson City, Missouri, and deliver him to the Keeper thereof to be by him confined as aforesaid. And it is considered and adjudged that the State of Missouri have and recover of and from the Defendanther costs laid out and expended and that an execution issue therefor.
John Logan
vs Appeal from J.P.
J.C. Conley
Now at this day comes the motion to dismiss the appeal in this cause on to be heard and the Court being advised, said motion is by the Court overruled and the appellant allowed to file sufficient bond, which bond is accordingly filed and by the Court approved. Clark McDonald vs T.J. Bishop Cause continued until the next term of Court.
p 617.
R.Q. Banfield Plaintiff
vs Civil Action
John Daniels Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant has been duly notified of the commencement of this suit by publishing in the weekly Springfield Patriot for four successive weeks the last insertion at least four weeks before the first day of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true. It is therefore considered by the Court that the Plaintiff have judgment against Defendant by default, but it not appearing to the Court what relief or amount the Plaintiff ought to recover. It is ordered that inquiry be had at the next term of this Court to ascertain the sum and that this cause be continued.
B.G. Andrews
vs Civil Action
T.J. Andrews
Now at this day comes the Plaintiff by attorney and says he will not further prosecute this suit. It is therefore considered by the Court that the same be dismissed and that the Defendant recover of Plaintiff his costs and that execution issue therefor.
N.P. Murphy
vs Civil Action
John L. Smith
Now at this day this cause being called and it appearing that the Judge of this Court has been of Counsel in this cause, it is ordered that the Clerk of this Court certify the Record and Original Papers herein to the Probate and Common Pleas Court of Greene County to which Court this cause is transferred.
p 618.
Denny Turner et al
vs Civil Action
F.K. Paul et al
(continued)
92
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
IN VACATION
P 618 (cont)
Now at this day comes the Defendant by attorney and by leave of Court files his answer in this cause and it appearing that the Judge of this Court has been of Counsel in this cause, it is ordered that a change of venue be made in this cause to the Circuit Court of Lawrence County and that the Clerk of this Court certify the Record and Original Papers in this cause to said Lawrence County Circuit Court.
John Logan Plaintiff
vs Civil Action by Appeal J.P.
J.C. Conley Defendant
Now at this day comes the parties by their attorneys and being ready for trial thereupon came a Jury viz F.M. Shockley, William Kinshen, Samuel Wood, T.J. Hubbard, T.B. Holland and T.R. Dodson, six good and lawful men who being duly elected and Sworn to try the issue joined having heard the evidence and instructions of Court upon their oath say "We the Jury find the issue for the Plaintiff and assess his damage at $36.66 2/3. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from the Defendant the said Sum of $36.66 and also his costs laid out and expended and that he have an execution therefor.
p 619.
Ordered by the Court adjourn until tomorrow morning 9 o'clock. R.W. Fyan Cir Judge
May 31st 1866
Court met persuant to adjournment present as on yesterday.
Causes continued until next term:
J. Fagg and Co vs J.L. French
John W. Faught vs Christopher Bodenhamer et al
John Tennis vs C. Bodenhamer et al
Elisha White vs B.H. Bills
p 619/620
F.H. Ashlock Plaintiff
vs Civil Action
Henry Ashlock Defendant
Now at this day this cause being called and the same not being prosecuted, it is ordered by the Court that the same be stricken from the Docket and that the Defendant have and recover of and from the Plaintiff his costs of suit in this behalf laid out and expended and that he have an execution therefor.
p 620.
Atkinson & Acock Plaintiffs
vs Civil Action
Lucy C. Acock Defendant
Now at this day this cause being called and the same not being prosecuted. It is ordered by the Court that the same be struck from off the Docket, and it is further adjudged by the Court that the Defendant have and recover of and from the Plaintiffs her costs in this behalf laid out and expended and that she have an execution therefor.
Young Plaintiff
vs Civil Action
Henry King Defendant
Now at this day this cause being called and the same not being prosecuted. It is ordered by the Court that the same be struck from off the Docket, and it is further adjudged
(continued)
93
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
IN VACATION
p 620 (cont)
by the Court that the Defendant have and recover of and from the Plaintiffs her costs in this behalf laid out and expended and that she have an execution therefor.
Lucinda Bragg Plaintiff
vs Civil Action
R.W. Bragg Defendant
Now at this day this cause being called and the same not being prosecuted. It is ordered by the Court that the same be struck from off the Docket, and it is further adjudged by the Court that the Defendant have and recover of and from the Plaintiffs her costs in this behalf laid out and expended and that she have an execution therefor.
J.T. Campbell Plaintiff
vs Civil Action
N.F. Jones Defendant
Now at this day comes the parties in the above entitled cause by their attorneys and by consent of the parties and leave of this Court this Cause is continued until the next term of this Court.
p 620/621.
E.L. Weaver Plaintiff
vs Civil Action
James Jackson Defendant
Now at this day comes the parties in the above entitled cause by their attorneys and by consent of the parties and leave of this Court this cause is continued until the next term of this Court.
p 621.
John H. Graham Plaintiff
vs Civil Action
James M. Graham Defendant
Now at this day comes the parties in the above entitled cause by their attorneys and by consent of the parties and leave of this Court this cause is continued until the next term of this Court.
R.J. McElhaney et al Plaintiffs
vs Civil Action
William G. Perkins Defendant
Now at this day comes the parties in the above entitled cause by their attorneys and by consent of the parties and leave of this Court this cause is continued until the next term of this Court.
Eli G. Parris Plaintiff
vs Civil Action
J.C. Eubanks Defendant
Now at this day comes the parties in the above entitled cause by their attorneys and by consent of the parties and by leave of the Court this cause is continued until the next term of this Court.
R.B. Whitamore Plaintiff
vs Civil Action
S.H. Boyd Defendant
Now at this day comes the parties in the above entitled cause by their attorneys and by consent of the parties and leave of this Court this cause is continued until the next term of this Court.
94
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