Abstract of Circuit Court Record Books 1863

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

January Term 1863
Book E

p 518.
Be it remembered that a Regular Term of the Circuit Court begun and held at the Court House in the City of Springfield in the County of Greene on the 26 Day of January, being on the fourth Monday of said Month of January, A.D. 1863.

Present. Honorable John C. Price, Judge of the 13th Judicial Circuit of the State of Missouri, there being a vacancy in the Office of Judge of the 14th Judicial Circuit of the State of Missouri occasioned by thedeath of the late Honorable Littleberry Hendrick, late Judge of said 14th Judicial Circuit court.

Also: Martin J. Hubble, Clerk of Said Court John A. Nack, Circuit Attorney Thomas A. Reed, Sheriff of said County.

When and where the following procedures were held:
Now at this day comes Thomas A. Reed and files his Bond as Sheriff of Greene County in Open Court which was approved by the Court.

Now at this day comes the Sheriff of Greene County and the Clerk administered to him the oath under the act summoning Grand Jurors.

Now at this day comes James F.Brown and files his appointment as Deputy Sheriff of Greene County which was by the Court approved.

Now at this day conies the Sheriff of Greene County and returns the venire facias for a Grand Jury with the following pannell of Grand Jurors, viz: Z.M. Rountree, M.L. Harris, William Roberts, Joseph Gott, N.A. Hellurphy, K. Alsup, Jacob Woodward, James B. Rodgers, Jeptha Wallis, William Reynolds, Alsey Oneal, Samuel Woods, Elihu Messick, P.C. Beale, William Adams and Joseph Evans, sixteen good and lawful men who being duly sworn according to the Acts of the State Convention and the Statutes of Missouri and having received the charge of the Judge retired to consider of their presentments after A.M. Rountree had by the Court been appointed foreman.

p 519.
State of Missouri Plaintiff
vs                                                   Indictment for Robbery
John C. Calloway Defendant
Now at this day conies the Circuit Attorney who prosecutes and says he is unwilling to further prosecute this cause but suffers the same to be dismissed. It is therefore considered by the Court that the State take nothing by her said writ and that the Defendant go hence without day.

p 519/520.
Ordered by the Court that the following resolutions be spread upon the records at the Clerk's Office of the Circuit court in Springfield, Missouri at which Judge John S. Waddill presided and H.J. Lindenbower was Secretary the following preamble and resolutions were unanimously adopted Whereas the Honorable Littleberry Hendrick, Judge of the 14th Judicial Circuit in the State of Missouri on the 9th instant departed this life, it was therefore Resolved that in the death of Judge Littleberry Hendrick the General and State Government has lost a truly loyal and worthy citizen, this community a social kind-hearted generous and useful member, this bar its ablest advocate and most profound lawyer: The State Judiciary and among its ablest Judges: Temperance its worthiest and most earnest support and his family a kind husband and father.

Resolved That we as members of this bar tender to the family of Judge Littleberry Hendrick our sincere sympathies in this their greatest hour of bereavement.
(continued)

1
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 519/520 (cont.)
Resolved that the Honorable John C. Price Judge Presiding at the present setting of the Circuit Court of this County be requested to cause these resolutions to be spread upon the records of said Court and that the Springfield and St. Louis papers be requested to publish the same and also that a copy hereof under the Seal of the Court be delivered by the Clerk of the Court to his family.
John Waddill President
H.J. Lindenbower Secretary

p 520.
January 27th 1863, 2nd day of Court.

C.F. Jones Plaintiff
vs                                                   Civil Action
Jacob Neff Defendant
Now at this day comes the Defendant by attorney and files herein by leave of Court his motion to rule Plaintiff to Security for costs in the above entitled cause.

Joseph Weaver admin Plaintiff
vs                                                   Civil Action
Joseph M. Carthel and F.M. Fulbright Defendants
.M. Campbell, Garnishee
Now at this day comes the Plaintiff by attorney and by leave of Court files interrogatories against the said E.M. Campbell as garnishee in the above entitled cause.

p 520.
James R. Danforth Plaintiff
vs                                                   Civil Action
John S. Doak Defendant
Now at this day comes the Plaintiff by attorney and by leave of the Court files herein his answer in this cause.

p 521.
Ordered by the Court that George W. Randolph be appointed Circuit Attorney Protem and having taken the oath prescribed by Law he signed the Roll of Attorneys.

H,M. Parish Plaintiff
vs                                                   Civil Action
W.F. Bodenhamer Defendant
Now at this day comes the Defendant by attorney and by leave of Court files herein his plea in abatement in this cause.

John L. Rainey, et al Plaintiff
vs                                                   Civil Action
Joseph T. Morton Defendant
Now at this day comes the Plaintiff's attorney and suggests to the Court the death of the Plaintiff John L. Rainey and by leave of Court the other Plaintiffs to this suit are permitted to prosecute this suit in their names.

John L. Rainey, et al Plaintiff
vs                                                   Civil Action
Samuel Woods Defendant
Now at this day comes the Plaintiff's attorney and suggests to the Court the death of the Plaintiff John L. Rainey and by leave of Court the other Plaintiffs to this suit are permitted to prosecute this suit in their names.

2
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 522.
State of Missouri Plaintiff
vs                                                   Robbery
Thomas C. Blakey Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion to quash this Indictment.

p 522/523.
State of Missouri Plaintiff
vs                                                   Robbery
James Hicks and John Jenkins Defendants
Now at this day comes the Circuit Attorney who prosecutes and says he is unwilling to further prosecute this cause as to the Defendant James Hicks but suffer the same to be dismissed. It is therefore considered by the Court that the State take nothing by her said Writ and that Defendant go hence without day and the Defendant, John Jenkins, being thrice called comes not but makes default and it appearing to the satisfaction of the Court that on the 29th day of July 1962 the Defendant entered into a recognizance for $1000 with Ishmael Lee and James E. Hicks as his securities to be levied of their respective goods and chattels, lands and tenements in and for the use of the said State of Missouri but to be void upon the condition that the said John Jenkins shall be and make his personal appearance before this Court to be begun and held in and for the said
County on the first Monday of August 1862 and on the first day of said term and not depart said Court without leave otherwise said recognizance was to remain in full force and the said Ishrnael Lee and James E. Hicks being thrice called and required to bring into Court the body of the said John Jenkins in answer to his said recognizance came not but made default. It is therefore considered by the Court that said recognizance be forfeited and that a sciria facias issue against John Jenkins, Ishmael Lee and James E. Hicks requiring them to appear before this Court on the first day of the next term thereof which will continue on the first Monday in August A.D. 1863 to show cause if any they have why judgment shall not be rendered against them for one thousand dollars and costs in this behalf laid out and expended and execution be issued therefor.

p 523. January 28,1863 3rd day.
Henry Fulbright Plaintiff
vs                                                   Civil Action
Joseph Morris & Sylvester R. Larason, Defendants
and Thomas C. Rainey, Garnishee
Now at this day comes the Plaintiff by attorney and by leave of Court files interrogatories against the said Thomas C. Rainey as Garnishee in this cause.

State of Missouri Plaintiff
vs                                                   Robbery
William A. Nelson Defendant
Now at this day comes the Defendant and by leave of Court files his motion to relieve the securities in the above entitled cause and all and singular the premises being seen and fully understood by the Court it is therefore ordered by the Court that said motion be overruled.

p 524. Motions filed
State of Missouri vs John H. Lingo Gaming Defendant taken into Custody.
State of Missouri vs James Mason sciria facias issued.

3.
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 524.
State of Missouri Plaintiff
vs                                                   Selling Goods Without License #1.
A.G. Duvalt Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he is unwilling to further prosecute this cause but suffers the same to be dismissed. It is therefore ordered by the Court that the State take nothing by her said Writ and that Defendant go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Goods Without License #2
A.G. Duvalt Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he is unwilling to further prosecute this cause but suffers the same to be dismissed. It is therefore ordered by the Court that the State take nothing by her said Writ and that Defendant go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Goods Without License #3
A.G. Duvalt Defendant
Now at this day comes the Circuit Attorney who prosecutes and says be is unwilling to further prosecute this cause but suffers the same to be dismissed . It is therefore ordered by the Court that the State take nothing by her said Writ and that Defendant go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Goods Without License #4
A.G. Duvalt Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he is unwilling to further prosecute this cause but suffers the same to be dismissed. It is therefore ordered by the Court that the State take nothing by her said Writ and that Defendant go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Goods Without License #5
A.G. Duvalt Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he is unwilling to further prosecute this causeBut suffers the same to be dismissed. It is therefore ordered by the Court that the State take nothing by her said Writ and that Defendant go hence without day.

State of Missouri Plaintiff
vs                                                   Forfeiture of Recognizance
Joseph Renfro Defendant
Now at this day comes on this cause to be heard and it is ordered by the Court that an-alias capias be issued to the said Defendant and a sciria facias against his securities.

State of Missouri Plaintiff
vs                                                   Felonious Assault
Harvey H. Neaves Defendant
Now at this day comes on this cause to be heard and alias writ is ordered to issue against the Defendant and an alias sciria facias as to his securities.

4.
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 526.
State of Missouri Plaintiff
vs                                                   Felonious Assault
John Laney Defendant
Now at this day comes on this cause to be heard and the Defendant being thrice called comes not but makes default and it appearing to the satisfaction of the Court that on the 21st day of December 1860 the Defendant entered into a recognizance in the sum of $500 with Reuben E. Blakey and Montgomery Jackson as his securities to be levied of their respective goods and chattles, land and tenements in and for the use of the said State of Missouri but to be void upon the condition that the said John Laney shall be and make his personal appearance before the Court at the Court House in the County of Greene and the State of Missouri at a Court to be begun and held in and for said County on the fourth Monday in January 1861 and on the first day of said term and not depart the Court without leave otherwise said recognizance was to remain in full force and the said Reuben F. Blakey and Montgomery Jackson being thrice called and required to Bring into Court the Body of said John Laney and answer to his said recognizance came not But made default. It is therefore considered by the Court that said recognizance be forfeited to the State of Missouri and that a sciri facias issue against John Laney, Reuben E. Blakey and Montgomery Jackson requiring thein to appear before this Court on the first day cf the next term thereof which will commence on the first Monday in August 1863, to show cause if any they have why judgment shall not be rendered against them for $500 and costs in this behalf laid out and expended and execution issue therefor.

p 527.
State of Missouri Plaintiff
vs                                                   Civic Action
George Laney Defendant
Now at this day comes on this cause to be heard and the Defendant George Laney being thrice called comes not but makes default and it appearing to the satisfaction of the Court that on the 24th day of November 1860 entered into a recognizance in the sum of $500 with R.E. Blakey, M. Jackson and S. R. Larason as his securities to be levied of their respective goods and chattels, lands and tenements in and for the use of the State of Missouri, but to be void upon the condition that the said George Laney be and make his personal appearance before the Court at the Court House in the County of Greene, State of Missouri, at a Court to be begun and held in and for said County on the 4th Monday in January A.D. 1861 on the 1st day of said term and not depart said Court without leave otherwise said recognizance was to remain in full force and the said R.E. Blakey, M. Jackson and S.R. Larason being thrice called and required to bring the bodyof the said George Laney into Court in obedience to the said recognizance come not but made default. It is therefore considered by the Court that said recognizance be forfeited and that a sciria facias issue against the said George Laney, R.E. Elakey, M. Jackson and S.R. Larason requiring them to appear before this Court on the first day of the next term thereof which commence on the 1st Monday in August A.D. 1863 to show cause if any they have why judgment shall not be rendered against them for said sum of $500 and costs laid out and expended in this behalf and execution issue therefor.

Henry Fulbright Plaintiff
vs                                                   Civic Action
Joseph Morris, S.R. Larason Defendants
Thomas C. Rainey Garnishee
Now at this day comes Thomas C. Rainey garnishee in this cause and by leave of Court files his answer to interrogatories heretofore filed in this cause.

5
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 528.
Motions filed:

William H. Henslee vs Wiley M. Horton, Lucius A. Rountree and Chesley Cannefax,
Defendants -- Defendants file amended answer.

William H. Henslee vs (same Defendants) Plaintiff files replication.

C.C. Williamson, adm of estate of William J.Bradshaw vs Joseph B. White and Ishmael Lee
Defendants and Thomas A. Reed, garnishee. Plaintiff filesinterrogatories to said Thomas A. Reed.

Now at this day comes Dade and Hardin attorneys for Mrs. Ann C. Young and suggests to the Court the marriage of the aforesaid Mrs. Ann E. Young and files herein their motion to substitute Eli G. Paris admistration de bonis non of the estate of John Young, deceased, as Plaintiff in all suits heretofore brought in the name of the said Ann E. Young as administration of the said Estate which was by the Court granted. It is therefore ordered by the Court Eli G. Paris be substituted as Plaintiff in all cases above referred to.

p 529.
State of Missouri Plaintiff
vs                                                   Nuisance
James S. McQuirter Defendant
Now at this day comes on this cause to be heard and the said Defendant pled not guilty and by consent of parties it was submitted to the Court and the evidence having been heard and all and singular the premises being seen and fully understood the Court doth find Defendant not guilty in manner and form as charged in the Indictment. It is therefore considered by the Court that the said State of Missouri take nothing by her said Writ and that Defendant go hence without day.

p 530.
Allen Mitchell Plaintiff
vs                                                   Civic Action
Allen P. Holcomb,Bracton S. Enos,
Samuel Thompson Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court files his petition in this cause and a Writ of Attachment ordered to issue.

Motions filed
Thomas Masters vs John Morris, Defendant Defendant files his answer.

Charles Sheppard, Joseph P Kimbrough and Edward L. Weaver vs John H. Miller, Defendant,
Plaintiffs file their petition.

Henry Sheppard and John S. Kimbrough vs John H. Miller Plaintiffs file petition.

Lewis S. Lemay Plaintiff
vs                                                   Civic Action
B.F. Woodson, James Norfleet,
W.H. Henslee Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to William H. Henslee.

p 531.
Thomas J.Bailey vs Nicholas F. Jones and George M. Jones Plaintiff files his petition

6
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 531.
Allen Mitchell Plaintiff
vs                                                   Civil Action Order of Publication
Allen P. Holcomb, Bracton S. Enos
Samuel Thompson Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants, A.P. Holcomb,Bracton S. Enos and Samuel Thompson, cannot be summoned in this action. It is ordered by the Court that publication be made notifying him that an action has been commenced against him by petition and attachment.

p 531/532.
Allen Mitchell Plaintiff
against                                                   Civil Action
A.P. Holcomb, Bracton S. Ennis
Samuel Thompson Defendants
Now at this day comes the Plaintiff by attorney and files his petition founded on a demand for money paid by Plaintiff as security for Defendants on a certain Promissory note payable to Renfro Crozier and Co at the Branch Bank of the State of Nissouri atSpringfield for the sum of $370 payable 5 months after the 8th day of February 1861 the date of said note. The amount for which Plaintiff claims Judgment after allowing all just credits and setoffs is $407.25. And it appearing to the satisfaction of the Court that the Defendants, A.P. Holcomb, Eracton S. Enos and Samuel Thorripson, cannot be summoned in this cause. It is therefore ordered by the Court that publication be made in the Springfield Journal notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited andthat their property is about to be attached and unless they appear at the next term of said Court which commences on the 1st Monday in August 1863 and on or before the 3rd day thereof if the term shall so long continue if not then before the end of the time Judgment will be rendered against them and their property sold to satisfy the same.

p 532.
Edwin F. Robberson Plaintiff
vs                                                   Civic Action
William R. Robberson Defendant
Now at this day comes the Plaintiff by agent and files his petition founded on threepromissory notes payable to Plaintiff one day after date for the sum of $100 with interest at the rate of 10% per annum from date until paid one dated March 1st 1861 payable to Plaintiff on or before the 25th day of December, next, thereafter for the sum of $80 with interest at the rate of 10% per annum from mat urity until paid. The other note dated August the 11th 1860 payable to one Reuben A.N. Rose 12 months after date for the sum of $113 with interest at the rate of 10% per annum from maturity until paid on which note the Plaintiff became security for Defendant and on the 24th day ofJanuary 1863 plaintif paid said Reuben A.M. Rose $129.75 including interest) on said note. The amount for which Plaintiff claims judgment against Defendant after allowing all just credits and set-offs is $309.75 exclusive of interest. And it appearing to the satisfaction of the Court that the Defendant cannot be summoned in this cause. It is therefore ordered by the Court that publication be made in Springfield Missourian notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited. That his property is about to be attached and unless he appears at the next term of said court which commences on the first Monday in August 1863 and on or before the 3rd day thereof if the term shall so long
(continued)

7
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 532(cont)
continue if not then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.

p 533. January Term Jan. 30 1863
C.F. Jones Plaintiff
vs                                                   Civil Action
Jacob Neff Defendant
Now at this day comes the Defendant by attorney and files his motion to dismiss this suit because the Plaintiff is a non-resident of this State and was not at the commencement of this Suit. It is therefore considered by the Court that this suit be dismissed and Defendant have and recover of and from said Plaintiff his costs laid out and expended in this behalf.

Nathan Robinson Plaintiff
vs                                                   Civil Action
Benjamin Kite 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 the Plaintiff his costs laid out and expended in this behalf for which execution may issue.

p 533/534.
Joseph Farrier Plaintiff
vs                                                   Civil Action
James S. Jones, Warran G. Graves,
Robert P. Faulkner Defendants
Now at this day conies the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been duly served with process as the Law directs and this action being founded on a promissory note for the direct payment of money and Defendants having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and all and singular the premises being seen and fully understood by the Court, the Court doth find the Defendant is indebted to Plaintiff in the sum of $2000 debt and also $616.67 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damage as well as his costs laid out and expended in this behalf and that execution may issue therefor and that this judgment bear 10% interest.

p 534.
Harrison J. Lindenbower Plaintiff
vs                                                   Civil Action
John A. Miller Defendant
Now at this day comes the Defendant and by leave of the Court files his motion to continue this cause until the next term. It is therefore considered by the Court that this cause be continued until the next term that Plaintiff have and recover of and from Defendant his costs laid out and expended in this behalf.

p 534/535.
John S. Waddill Plaintiff
vs                                                  
John D.L. Wiley & Alexander H. Wiley Defendant
(continued)

8
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 534/535 (continued)
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant Alexander H. Wiley has been duly notified by publication in the Springfield Journal for four weeks, the last insertion at least four weeks before the first day of the present term of this Court and the Defendant John D.L. Wiley had acknowledged personal service and this suit being founded on a promissory note for the direct payment of money and the Defendant having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and all and singular the premises being seen and fully understood by the court the Court doth find that Defendants owe and stand indebted to the Plaintiff in the sum of $180 Debt and $58.60 for his Damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage as well as his costs laid out and expended in this behalf and that execution inay issue therefor and the execution bear 10% interest.

p 535.
Joseph W. McClurg, Edward D. Torbert,
William D. Murphy, Hervey C. Massey,
Marshall W. Johnson & William A.
McPhail Plaintiffs
vs                                                   Civil Action
Jefferson W. Rainey Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified as the Law directs and this action being founded on a promissory note for the direct payment of money and the Defendants having failed to plead answer or demur to Plaintiff's petition the same is taken as confessed and all and singular the premises being seen and fully understood by the Court the Court doth find the Defendant is indebted to the Plaintiffs in the sum of $102.99 debt and also $19.21 damage. It is therefore considered by the Court that Plaintiffs have and recover of and from the Defendant their said debt and damages as well as costs laid out and expended in this behalf and that execution may issue therefor and this judgment bear 10% interest.

p 536.
Joseph W. McClurg, William D. Murphy,
Marshall W. Johnson and
William P. McPhail Plaintiffs
vs                                                   Civil Action
Abner Hamblin Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been served with process as the Law directs and this action being founded on a promissory note for the direct payment of money and the Defendant having failed to plead answer or demur to Plaintiffs petition the same is taken as confessed and all and singular the premises being seen and fully understood by the Court the Court doth find that Defendant is indebted to Plaintiffs in the sum of $300 debt and also $92.50 damage. It is therefore considered by the Court that Plaintiffs have and recover of and from Defendant their said debt and damage as well as his costs laid out and expended in this behalf and execution may issue therefor and this judgment bear 10% interest.

Joseph W. McClurg, William D. Murphy,
Hervey A. Massey, William P. McPhail &
W. Marshal Johnson Plaintiffs
vs                                                   Civil action
John Thurman & Jefferson W. Rainey Defendants
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that Defendants had been served with process as the Law directs and this action
(continued)

9
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 536 (continued)
being founded on a promissory note for the direct payment of money and the Defendants having failed to plead answer or demur to Plaintiffs petition the same is taken as confessed and all and singular the premises being seen and fully understood by the Court the Court doth find that Defendant is indebted to Plaintiffs in the sum of $3475.75 debt and also $700. 98 damage. It is therefore considered by the Court that Plaintiffs have and recover of and from Defendant their said debt and damage as well as his costs laid out and expended in this behalf and execution rnay issue therefor and this judgment bear 10% interest.

p 537.
State of Missouri Plaintiff
vs                                                   Robbery
Thomas C. Blakey Defendant
Now at this day comes the Defendant in his own proper person and by attorney and having heretofore filed a motion to quash the Indictment in this cause, said motion was argued and all and singular the premises being seen and fully understood by the Court said motion was by the Court sustained and the Indictment quashed.

Andrew B. Matthews Plaintiff
vs                                                   Civil Action
Christian S. Bodenhamer Defendant
Now at this day comes the interpleader, R. B. Edmonson, in this cause by attorney and leave is given to file his interplea at any time during the present term of this Court and the time is extended to Plaintiff to plead by the first day of April by serving copy on the attorney of interpleader.

State of Missouri Plaintiff
vs
John Carter Defendant
Now at this day comes on this cause to be heard and the Circuit Attorney who prosecutes on behalf of the State asks for a rule upon the Clerk of this Circuit Court of Stone County requiring said Clerk to furnish this Court with the papers in this cause. It is therefore ordered by the Court that said Clerk furnish this Court with all the Papers in this cause.

p 538.
Motions filed:

State of Missouri vs James P. Redfearn alias sciria facias ordered.

State of Missouri vs A.M. Huff Alias Sciri Facias ordered issued Webster County.

State of Missouri vs A.M. Gash Cause continued

State of Missouri vs Peter Apperson Alias Writ to Phelps County.

State of Missouri Plaintiff
vs                                                   Passing Counterfeit Money
William Fallis Defendant
Now at this day comes the Circuit Attorney and says he is unwilling to further prosecute tbis suit but suffers the same to be dismissed. It is therefore considered by the Court that the State take nothing by her said Writ and that Defendant go hence without day.

10
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p. 539.
Charles L. Stark Plaintiff
vs                                                   Civil Action
John W. Williams, Nelson Cox,
John Davis, Jesse Mankins Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been served with process as the Law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money and the amount ascertained and all and singular the premises being seen and fully understood by the Court the Court doth find that Defendant owes Plaintiff $166.66 debt and also $33.86 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants his said debt and damage as well as his costs laid out and expended in this behalf and that execution may issue therefor and that this judgment bear 10% interest.

p 540.
State of Missouri Plaintiff
vs                                                   Indictment Disturbing Peace of a Family.
William Thompson Defendant
Now at this day comes this cause to be heard and the Defendant being thrice called comes not but makes default and it appearing to the satisfaction of the Court that the Defendant entered into a recognizance on the 20th day of February 1861 in the sum of $100 with John C. Thompson as his security to be levied of their goods and chattlels, lands and tenements for the benefit of the State of Missouri, but to be void upon the condition that the said William Thompson shall be and make his personal appearance at the next regular term of this Court before the Judge of said Court at the Court House-in Springfield, Greene County, Missouri, on the first Monday in August 1861 and on the first day of said term and not depart said Court without leave otherwise said recognizance to remain in full force and the said John C. Thompson being thrice called and-required to bring into Court the body of the said William Thompson in obedience to said recognizance came not but made default. It is therefore considered by the Court that said recognizance be forfeited to the State of Missouri and that a scirie facias issue against the said William Thompson and John C. Thompson requiring them to be and appear before the Judge of Greene Circuit Court on the first day of the next term which will be begun and held at the Court House in said County on the first Monday in August A.D. 1863 to show cause if any they have why judgment shall not be rendered against-them for said sum of $100 and costs in this behalf, laid out and expended and execution issue therefor.

p 541.
Henry Sheppard & John S. Kimbrough Plaintiffs
vs                                                   Civil Action
John Lair Defendant
Now at this day comes the Plaintiff and files his petition founded on a Book Account for goods sold and delivered by Plaintiff to Defendant wherein the amount claimed is $210.96 and it appearing to the satisfaction of the Court that the Defendant cannot be summoned in this cause. It is therefore ordered by the Court that publication be made in the Springfield Journal, a publication in the State of Missouri, notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited. That his property is about to be attached and unless he appears at the next term of the Court which commences on the first Monday in August
(continued)

11
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 541 (continued)
1863 and on or before the 3rd day thereof if the term shall so long continue if not then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.

p 541/542.
Charles Sheppard, Joseph B. Kimbrough
& Edward L. Weaver Plaintiffs
vs                                                   Civil Action
John Lair Defendant
Now at this day comes the Plaintiffs and file their petition founded on a promissory note against Defendant dated September 26th 1861 payable to Plaintiffs on order one day after date for the sum of $110 with interest at the rate of 10% from date until paid. Also, on a Book Account for goods sold and delivered to Defendant by Plaintiffs for the sum Of $102.10 and interest on the same for forbearance and delay. The amount for which the Plaintiffs claim judgment after allowing all just credits and set-offs is $226.78, and it appearing to the satisfaction of the Court that the Defendant cannot be summoned in this cause. It is therefore ordered that publication be rnade in the Springfield Journal, a paper published in the State of Missouri, notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited. That his property is about to be attached and unless he appears at the next term of the Court which will be held first Monday in August 1863 and on or before the 3rd day thereof if the term shall so long continue if not then before the end of the term judgrnent will be rendered against him and his property sold to satisfy the same.

p 542. January 31st 1863
State of Missouri Plaintiff
vs                                                   Felonious Assault
Peter Apperson Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he is unwilling to further prosecute this cause but suffers the same to be dismissed. It is therefore considered by the Court that the State take nothing by her said Writ and that Defendant go hence without day.

Orders issued:
State of Missouri vs William J. Cannefax Gaming Ordered alias scire facias.
State of Missouri vs Reuben E. Blakey Circuit Attorney asks alias scire facias.
State of Missouri vs H.J. Daniel & David Steel Cir. Atty asks alias scire facias.

p 543.
State of Missouri Plaintiff
vs
Charles Bacon, John Smith Defendants
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 take nothing by her said Writ but suffer the same to be dismissed and that Defendant go hence without day.

State of Missouri Plaintiff
vs                                                   Disturbing a Family
John Dickens, James Dickens Defendants
Now at this day comes the Circuit Attorney and says he is unwilling to further prosecute
(continued)

12
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 542 (continued)
this cause but suffer the same to be dismissed. It is therefore considered by the Court that the State take nothing by her said Writ but suffer the same to be dismissed and that Defendant go hence without day.

p 544.
State of Missouri Plaintiff
vs                                                   Felonious Assault
Samuel Andrews 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 take nothing by her said Writ but suffer the same to be dismissed and that Defendant go hence without day.

State of Missouri Plaintiff
vs                                                   Unlawfully Solemnizing Marriage.
Edward Tatum Defendant
Now at this day comes the Circuit Attorney and asks that an alias scire facias issue in this cause which by the Court is ordered to issue.

p 544/545.
State of Missouri Plaintiff
vs                                                   Felonious Assault
James W. Blakey Defendant
Now at this day comes on this cause to be heard and the Defendant being thrice called and comes not but makes default and it appearing to the satisfaction of the Court that Defendant on the 2nd day of January 1861 entered into recognizance in the sum of $200 with William H. Blakey as his security to be levied of their respective goods and chattels, lands and tenements for the benefit of the State of Missouri but to be void on condition that the said James W. Blakey be and make his personal appearance before the Honorable Judge of our Greene Circuit Court on the 4th Monday in January 1861 and on the first day of said term and not depart said without leave otherwise to remain in full force and the said Williarn n. Blakey being thrice called and required to bring the body of said James W. Blakey in to Court in obedience to his said recognizance came not but made default. It is therefore considered by the Court that said recognizance be forfeited to the State of Missouri and that a scire facias be issued against the said James W. Blakey and William H. Blakey requiring them to be and appear before the Judge of our Greene Circuit Court at the Court House in Springfield, County and State aforesaid on the first Monday in August 1863 and on the first day thereof to show cause if any they have why judgment should not be rendered against them for the said sum of $200 and execution issue therefor as well as costs laid out and expended in this behalf

p 546.
State of Missouri Plaintiff
vs
John Dickens, James Dickens Defendants
Now at this day comes the Circuit Attorney who prosecutes and says he is unwilling to further prosecute this suit but suffer the same to be dismissed. It is therefore considered by the Court that the State take nothing by her said Writ and that Defendant go hence without day.

13
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 546.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #1
Russe Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he is unwilling to further prosecute this suit but suffer the same to be dismissed. It is therefore considered by the Court that the State take nothing by her said Writ and that Defendant go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #2
Russe Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he is unwilling to further prosecute this suit but suffer the same to be dismissed. It is therefore considered by the Court that the State take nothing by her said Writ and that Defendant go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #3
Russe Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he is unwilling to further prosecute this suit but suffer the same to be dismissed. It is therefore considered by the Court that the State take nothing by her said Writ and that Defendant go hence without day.

p 547.
State of Missouri Plaintiff
vs                                                   Disturbing Peace of Family
Peter Cobble Defendant
Now at this day comes this cause to be heard and Defendant being thrice called comes not but makes default and it appearing to the satisfaction of the Court that on the 18th day of February 1861 the Defendant Peter Cobble entered into recognizance in the sum of $100 with Jacob Neff as his security to be levied of their respective goods and chattels, lands and tenernents for the benefit of the State of MissouriBut to be void upon the condition that the said Peter Cobble be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof to be begun and held at the Court House in Springfield, in Greene County, on the first Monday in August A.D. 1861 then and there to answer to an Indictment preferred against him by the Grand Jury of Greene County for unlawfully disturbing the peace of a neighborhood and not depart said Court without leave otherwise to remain in full force and the said Jacob Neff being thrice called and required to bring into Court the body of the said Peter Cobble in obedience to said recognizance came not but made default. It is therefore considered by the Court that said recognizance be forfeited and that a scire facias issue against the said Peter Cobble and Jacob Neff requiring them to be and appear before the Judge of our Green Circuit Court at a Court to be held at the Court in Springfield on the first Monday in August A.D. l863 to show cause if any they have why judgment should not be rendered against them for the said sum of $100 and costs laid out and expended in this.

p 548/549.
State of Missouri Plaintiff
vs
Marion Thompson Defendant
Now at this day comes this cause to be heard and the Defendant being thrice called
(continued)

14
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 548/549 (cont)
comes not but makes default and it appearing to the satisfaction of the Court that the Defendant on the _____ day of _____ 186in the sum of ______ dollars with John C. Thompson as his security to be levied of their respective goods and chattels, lands and tenements for the benefit of the State of Missouri on condition that the said Marion Thompson be and inake his personal appearance before the Judge of our Greene Circuit Court at the Court House in Springfield in Greene County, Missouri, at a Court to be begun and held at the Court `louse in County and State aforesaid then and there to answer an Indictment preferred against him by the Grand Jury of Greene County and not depart said Court without leave and the said John C. Thompson being called three times and required to bring into Court the body of the said Marion Thompson in obedience to his recognizance and carne not but rnade default. It is therefore considered by the Court that said recognizance be forfeited to the State of Missouri and that a scire facias be issued to said Marion Thompson requiring him to be and appear before the Honorable Judge of our Greene Circuit Court at the next term thereof which will be begun and held at the Court House in Springfield, Greene County, Missouri, on the first Monday in August A.D. `1863 then and there to show cause if any they have why judgment should not be rendered against them for the said sum of dollars as well as costs in this behalf laid out and expended.

p 549.
State of Missouri Plaintiff
vs
Millie Reed Defendant
Now at this day comes the Circuit Attorney and says that he is unwilling to further prosecute this suit but suffer the same to be dismissed. It is therefore considered by the Court that the State take nothing by her said Writ and that Defendant go hence without day.

p 549/550.
Thomas J, Bailey Plaintiff
vs                                                   Civil Action
Nicholas F. Jones and George M. Jones Defendants
Now at this day comes the Plaintiff and files his petition founded on a promissory note against Defendants dated April 21st 1860 payable 6 months after date to Sarnuel S. Vinton on order for the sum of $205 with interest thereon at the rate of 10% per annum from due until paid.On said note is a credit of $70 November 22, 1860. Said note was assigned by said Samuel S, Vinton by endorsement thereon. The amount for which Plaintiff claims judgment after allowing all just credits and set-offs is $135. And it appearing to the satisfaction of the Court that the Defendants cannot be summoned in this cause it is therefore ordered that publication be made in the Springfield Missourian a newspaper published in the State of Missouri, notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August 1863 and on or before the third day thereof if the term shall so long continue if not then before the end of the term Judgment will be rendered against them and their property sold to satisfy the same.

15

January Term Continued
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