Abstract of Circuit Court Record Books June 1864 - January 1865

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Adjourned Term of July 1864

p 784.
P.C. Beal Plaintiff
vs                                                   Civil Action
John Smith Defendant
Now at this day comes the Plaintiff by attorney and files his petition with the Clerk founded on a promissory note dated December 28th 1859 whereby W.S. Hughes promised to pay Defendant on his order $65 12 months after date which note was assigned to Plaintiff by endorsement also his affidavit stating that the Defendant is not a resident of the State of Missouri. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Missouri Patriot for four successive weeks, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant that an action has been commenced against him in said Court as above recited and that unless he appears at the next term of this Court which will be held at the Court House in Springfield, Missouri, in January 1865 and on or before the 6th day thereof (if the term shall so long continue if not then before the end of the term) and plead answer or demur to Plaintiff's petition the same will be taken as confessed.

p 785.
Jacob Garton & W.D. Sparkman Plaintiffs
vs                                                   Civil Action
J.W. Rainey Defendant
Now at this day comes the Plaintiffs before the undersigned Clerk in vacation and files their petition affidavit and bond verified as the Law requires the object and general nature of which is to obtain Judgment by Attachment against the Defendant for the sum of $206 amount paid by Plaintiff on a Judgment obtained in the Greene Circuit Court against Plaintiffs as security for Defendant to one Christian Hoofman and which Plaintiffs paid to D.C. Dade attorney for said Christian Hoofman and it appearing from the affidavit of Plaintiff that the Defendant has absconded himself from his usual place of abode in this State and is not a resident of the State of Missouri so that the ordinary process
(continued)

138
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
ADJOURNED TERM OF JULY TERM 1864
p 785 (cont)
of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Missouri Patriot for four successive weeks, the last insertion to he at least four weeks before the first day of the next term of this Court notifying said Defendant that an action has been commenced against him by petition and attachment in the Circuit Court of Greene County in the State of Missouri and that unless they be and appear at our Circuit Court on the first day of the next term which will be held on the first Monday in January 1865 and on or before the 6th day thereof (if the term shall so long continue if not then before the end of the term) and plead answer or demur to Plaintiff's petition the same will be taken as confessed

p 786/787.
Thomas Goss Plaintiff
vs                                                   Civil Action
John R. Norris and William Norris Defendants
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk of the Greene Circuit Court in vacation and files his petition and affidavit stating that amongst other things that the above named Defendants John R. Norris and William Norris are nonresidents of this State and is not a resident of the State of Missouri so that an ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Missouri Patriot for four successive weeks, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendants John R. Norris and William Norris that an action has been commenced against them by petition and attachment in the Greene Circuit Court in the State of Missouri founded on a note for the sum of $72.73 dated March 16th 1861 and that their property is about to be attached and that unless they 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 first Monday in January 1865 and on or before the 6th day thereof (if the term shall so long continue, if not then before the end of the term) and plead 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 Missouri Patriot, a newspaper published in this State for four weeks successively the last insertion to be at least four weeks before the first day of the next term of said Court.

p 787.
Sheppard, Kimbrough & Weaver a firm
composed of Charles Sheppard, Joseph
B. Kimbrough & Edwin L. Weaver Plaintiffs
vs                                                   Civil Action
Thomas J. Weaver & Felix B. Weaver Defendants
Now at this day comes the Plaintiffs in the above entitled cause before the undersigned Clerk of the Greene Circuit Court, in vacation, and files their petition and affidavit stating that amongst other things that the above named Defendants are nonresidents of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendants that an action has been commenced against them by petition and attachment in the Circuit Court of Greene County in the State of Missouri founded on an account for goods, wares and merchandise sold and delivered to said Defendants at their request for the sum of $168.38 and that unless they be and appear at the next term of said County and State aforesaid on the first Monday in January 1865 and on or before the 6th day thereof (if the term shall so long continue if not then before the end of the term) and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and a Judgment rendered against them
(continued)

139
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
ADJOURNED TERM OF JULY 1864
p 787 (cont).
and their property sold to satisfy the same. It is further ordered that a copy hereof be published in the Missouri Patriot, a newspaper published in this State for four weeks successively the last insertion to be at least four weeks before the first day of the next term of said Court.

p 788.
Samuel Spears Plaintiff
vs                                                   Civil Action
John W. Hancock Defendant
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk of the Greene Circuit Court, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendant John W. Hancock is not a resident of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendant John W. Hancock, 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 note for the sum of $150 dated May 4th 1862 and that his property is about to be attached and that unless he 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 first Monday in January 1865 and on or before the 6th day thereof (if the term shall so long continue if not then before the end of the term) and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and a 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 Patriot, a newspaper published in this State for four weeks successively the last insertion to be at least four weeks before the first day of the next term of said Court.

p 788/789.
Joseph W. Faught Plaintiff
against                                                   Civil Action
Christopher Bodenhamer,
William Edmundson and
Benjamin H. Edmundson Defendants
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk of the Greene Circuit Court, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendants are not residents of the State of Missouri. It is therefore ordered by the Clerk aforesaid in vacation that publication be made notifying said Defendants that an action has been commenced against
them by petition and attachment in the Circuit Court of Greene County in the State of Missouri founded on a claim for damage for the sum of $2500 for unlawfully imprisoning Plaintiff and taking his property and that their property is about to he attached and that unless they 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 first Monday in January A.D. 1865 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 them and their property sold to satisfy the same. It is furthermore ordered that a copy hereof be published 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.

p 789.
William R. Horn & Matthew Chapman
admins Estate of James Horn, deceased Plaintiffs
against
(continued)

140
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
ADJOURNED TERM JULY 1864
p 789 (cont)
William S. Wilks Defendant
Now at this day comes the Plaintiffs in the above entitled cause before the undersigned Clerk of the Greene Circuit Court in vacation and files their petition and affidavit stating amongst other things that the above named Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendant 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 3 promissory notes dated March 16, 1860, one 12 months after date for $254.51 and his property is about to be attached and that unless he 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 first Monday in January 1865 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 furthermore ordered that a copy hereof be published in the Missouri Patriot 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.

p 789/790.
Enoch Jessup Plaintiff
vs                                                   Civil Action
Eli Jessup and William M. Jessup Defendants
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk of the Greene Circuit Court, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendant Eli Jessup is a nonresident of this State and that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notify ing said Defendant, Eli Jessup, 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 note dated 16 September 1860 for the sum of $200 one 25th day of December 1861 with 10% interest per annum from date and that his property is about to be attached and that unless he 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 first Monday in January A.D. 1865 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 furthermore ordered that a copy hereof be published in the Missouri Patriot 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.

p 790/791.
John Tennis Plaintiff
vs                                                   Civil Action
Christopher Bodenhamer, William Edmundson
and Benjamin H. Edmundson Defendants
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk of t he Greene Circuit Court, in vacation, and files his petition and affidavit Stating amongst other things that the above named Defendants are not residnts of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendants that an action has been commenced against
them by petition and attachment in the Circuit Court of Greene County in the State of
(continued)

141
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
ADJOURNED TERM OF JULY 1864
p 790/791 (cont)
Missouri founded on a claim for damage for the sum of $2500 for unlawfully imprisoning Plaintiff and taking his property and that their property is about to be attached and that unless they 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 first Monday in January A.D. 1865 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 them and their property sold to satisfy the same. It is furthermore ordered that a copy hereof be published 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.

p 791.
Springfield Missouri December 31, 1864
Court rnet pursuant to adjournment present Honorable John S. Waddill Judge of the 14th Judicial Circuit in the State of Missouri Martin J. Hubble Clerk of said Court and John A. Patterson Sheriff of said County when and where the following proceedings were held.

List of motions only.
p 792
Ordered by the Court adjourned until the next regular term.
John S. Waddill Circuit Judge

142

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