Abstract of Circuit Court Record Books 1863

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

January Term 1863
Book E

p 550.
John L. Wallace Plaintiff
vs                                                   Civil Action
Ripley B. Weaver Defendant
Now at this day comes the Plaintiff and files his petition founded on a demand for damages sustained by the Plaintiff by the taking and carrying away by Defendant forceably and without leave of Plaintiff certain property belonging to Plaintiff, viz: three horses, one wagon and one saddle for which the Plaintiff claims damage in the sum of $800 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 made in the Springfield Missourian, a newspaper 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 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 him and his property sold to satisfy the same.

p 551.
State of Missouri, County of Greene
Edwin F. Robberson Plaintiff
against                                                   Civil Action
Ripley B. Weaver Defendant
Now at this day comes the Plaintiff and files his petition founded on a Book Account against Defendant for services rendered as a Physician and Medical Attendance wherein the amount claimed is $89. 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 Missourian, a newspaper 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 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 him and his property sold to satisfy the same.

p 551/552.
Charles Sheppard, Joseph B. Kimbrough
and Edward L. Weaver Plaintiffs
against                                                   Civil Action
Robert G. Abernathy Defendant
Now at this day comes the Plaintiffs and files their petition founded on four promissory notes against Defendant, one dated January first 1861, payable one day after date to the order of the Plaintiffs by name of Sheppard, Kimbrough and Weaver $6.58 with interest at the rate of 10% per annum from due until paid; one for the sum of $36.97 dated January 1st 1861 payable to Plaintiffs one day after date with interest at the rate of 10% per annum from due until paid and dated January 2nd 1860. The other dated January 2nd 1860 payable to Plaintiffs one day after date for the sum of $28.82 with interest at the rate of 10% per annum from due until paid. The amount for which Plaintiffs claim judgment after allowing all just credits and set-offs is $118.55 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 newspaper published in the State of Missouri notifying said
(continued)

16
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 551/552 (continued)
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 be appears at the next term of the Court which will be held on the 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 judgment will be rendered against him and his property sold to satisfy the same.

p 552.
Charles Sheppard & JosephB. Kimbrough Plaintiffs
against                                                   Civil Action
Robert G. Abernathy Defendant
Now at this day comes the Plaintiffs and files their petition founded on a promissory note against Defendant dated January 2nd 1860 payable one day after date to the order of Plaintiffs for the sum of $219.78 with interest at the rate of 10% per annum from due until paid. The amount for which the Plaintiffs claim judgment after allowing all just credits and set-offs is $213.20. 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 made in the Springfield Journal 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 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 him and his property sold to satisfy the same.

p 553.
John P. Campbell Plaintiff
vs                                                   Civil Action
James P. Gray Defendant
Now at this day comes the parties and the Defendant files his written statement verified by his affidavit whereby it appears that the Defendant is indebted to the Plaintiff in the sum of $225.50 debt and also $47 for his damage due upon a note. 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 in this behalf laid out and expended and execution may issue therefor and this judgment bear 10% interest.

February 2nd 1863.

State of Missouri Plaintiff
vs                                                   Gaming
John W. Lingo Defendant
Now at this day comes the Circuit Attorney who prosecutes 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 and that the Defendant go hence without day.

p 554.
Gravener Likens Plaintiff
vs                                                   Civil Action
Greenberry Phillips & John Tyler Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to the Defendant Tyler and it appearing to the satisfaction of the Court that the Defendant Greenberry Phillips had been duly served with process as the Law directs and having
(continued)

17
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 554.(continued)
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 whereby the Court doth find the Defendant owes and stands indebted to Plaintiff in the sum of $127.82 debt and also $52 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damage as well as his costs in this behalf laid out and expended and for which execution may issue and this judgment bear 10% interest. Now at this day comes into Court John A. Patterson and presents his appointment as Deputy Sheriff of Greene County which by the Court is approved and ordered to be filed.

Now at this day comes the Grand Jury into Court and their foreman, in the presence of the Grand Jurors, returned into Court the following Bills of Indictment: (four bills without names or charges) Having further business, returned to consider of their presentments.

p 555.
Now at this day comes Jacob Woodward, James K. Alsup and William Roberts and asks leave of the Court to be dismissed. It is therefore ordered by the Court that said Jurors be discharged from the Grand Jury during the term of the Court and the Sheriff is ordered to summon three more Grand Jurors.

Now at this day comes P.L. Anderson, T.A. Mills and J.R. Douglas who have been summoned by the Sheriff as Grand Jurors who having taken the oath prescribed by the Convention and also the oath prescribed by the Statute of Missouri as Grand Jurors and having received the charge of the Judge retired to the room occupied by their fellow jurors.

Thomas J. Whitlock
vs                                                   Civil Action
W.J. Compton, J.P. Compton
Now at this day comes the Plaintiff by attorney and by leave of the Court withdraws this Suit by leaving a certified copy of this note upon which suit was brought. It is therefore considered by the Court that Defendant have and recover of and from Plaintiff his costs in this behalf laid out and expended for which execution may issue.

p 556.
State of Missouri Plaintiff
vs
Henry Johnson Defendant
Now at this day comes the Circuit Attorney who prosecutes 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 and that Defendant go hence without day.

State of Missouri Plaintiff
vs
Samuel Coleman Defendant
Now at this day comes the Circuit Attorney who prosecutes 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 and that Defendant go hence without day.

18
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 556.
State of Missouri Plaintiff
vs
John Murman Defendant
Now at this day comes the Circuit Attorney who prosecutes 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 and that Defendant go hence without day.

State of Missouri Plaintiff
vs
A.J. Brown Defendant
Now at this day comes the Circuit Attorney who prosecutes 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 and that Defendant go hence without day.

State of Missouri Plaintiff
vs
Hiram Tindal Defendant
Now at this day comes the Circuit Attorney who prosecutes 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 and that Defendant go hence without day.

p 557.
State of Missouri Plaintiff
vs
James Robertson Defendant
Now at this day cotties the Circuit Attorney who prosecutes and says he is unwilling to further prosecute this cause but suffer the same to be disinissed. 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
Jacob Heck Defendant
Now at this day comes the Circuit attorney and asks that this cause be continued until next term which by the Court is granted.

State of Missouri Plaintiff
vs                                                   Gaming
John W. Lingo Defendant
Now at this day comes the Circuit Attorney and says he is unwilling to further prosecute this cause but suffer same to be dismissed. It is therefore considered by the Court that the State take nothing by her Writ and that Defendant go hence without day.

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

19
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 557.
State of Missouri Plaintiff
vs
Henry Winters Defendant
Now at this day comes the Circuit Attorney and says he is unwilling to further prosecute this cause but suffer same to be dismissed. It is therefore considered by the Court that the State take nothing by her Writ and that Defendant go hence without day.

p 558.
State of Missouri Plaintiff
vs                                                   Felonious Assault
George Ehmann Defendant
Now at this day comes in to Court George Ehmann and William H. Worrel as his security and acknowledge themselves indebted each to the State of Missouri in the sum of $500 to be levied of their respective goods and chattels, lands and tenements but to be void upon condition that the said George Ehmann be and appear before the Uonorable Judge of our Greene Circuit Court at the present term thereof then and there to answer to an Indictment preferred against him by the Grand Jurors empannelled and sworn to enquire into and for the County of Greene and not depart said Court without leave. Said recognizance to remain in full force.

State of Missouri Plaintiff
vs
Henry Winters Defendant
Now at this day comes the Circuit Attorney who prosecutes 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 and that Defendant go hence without day.

State of Missouri Plaintiff
vs
Jackson Fleetwood Defendant
Now at this day comes the Circuit Attorney who prosecutes 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 and that Defendant go hence without day.

Allen Mitchell Plaintiff
vs                                                   Civil Action by Attachment
A.F. Holcomb, et al Defendants
Now at this day comes the Plaintiff and prays the Court and dismisses this suit.

p 559.
State of Missouri Plaintiff
vs
Thomas McCauley Defendant
Now at this day comes the Circuit Attorney who prosecutes 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 and that Defendant go hence without day.

20
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 559.
State of Missouri Plaintiff
vs
George Sanders Defendant
Now at this day comes the Circuit Attorney who prosecutes 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 and that Defendant go hence without day.

State of Missouri Plaintiff
vs
G. Lewis Defendant
Now at this day comes the Circuit Attorney who prosecutes 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 and that Defendant go hence without day.

State of Missouri Plaintiff
vs
John Foster Defendant
Now at this day comes the Circuit Attorney who prosecutes 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 and that Defendant go hence without day.

State of Missouri Plaintiff
vs
B.C. Hardin Defendant
Now at this day comes the Circuit Attorney who prosecutes 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 and that Defendant go hence without day.

p 560.
State of Missouri Plaintiff
vs
John W. Lingo Defendant
Now at this day comes the Circuit Attorney who prosecutes 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 and that Defendant go hence without day.

Now at this day comes John R. Cox and after having subscribed to the oath prescribed by the Convention is perinitted by the Court to sign the Roll of Attorneys.

State of Missouri Plaintiff
vs                                                   Disturbing Public Worship
Albert D. Smith Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he is unwilling to further prosecute this cause ut 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.

21
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E.
JANUARY TERM 1863
p 560.
State of Missouri Plaintiff
vs                                                   Disturbing Peace of Family
H.J. Davis Defendant
Now at this day comes on this cause to be heard and at the request of the Circuit Attorney it is by the Court continued.

State of Missouri Plaintiff
vs                                                   Robbery
W.A. Campbell, William H. Jopes &
Eli J. Arrnstrong Defendants
Now at this day comes this cause to be heard and is continued until next term at application of Defendants until next term. It is therefore considered by the Court that the State of Missouri have and recover of and from Defendants her costs in this behalf laid out and expended and that execution may issue therefor.

p 561.
State of Missouri Plaintiff
vs                                                   Indictment for Felonious Assault
William N. York 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 Defendant on the 30th day of August 1860 entered into recognizance in the sum of $500 with R.E. Blakey, Samuel Thomas, J.M. Bailey, W.S. Hughes, M. Jackson and James Barron as his securities to be levied of their respective goods and chattels, lands and tenements for the benefit of the State of Missouri but to be void upon condition that the said William N. York be and appear before the Judge of our Greene Circuit Court on the first day of the next term thereof which will commence on the 4th Monday in January 1861 then and there to answer an Indictment preferred against him by the Grand Jury for a felonious assault and not depart said Court without leave otherwise to remain in full force and the said R.E. Blakey, Samuel Thomas, J.M. Bailey, W.S. Hughes, M. Jackson and James Barron being thrice called and required to bring the body of the said William N. York into Court in obedience to the recognizance come not but make default. It is therefore considered by the Court that said recognizance be forfeited to the State of Missouri and that a scire facies issue against the said William N. York, R.E. Blakey, Samuel Thomas, J.M. Bailey, W.S. Hughes, M. Jackson and James Barron requiring them to appear before the Judge of our Greene Circuit Court at the Court House in Springfield, Greene County, Missouri at a Court to be begun and held commencing on the first Monday in August A.D. 1863 to show cause if any they have why judgment should not be rendered against them for said sum of $500 as well as costs in this behalf laid out and expended and execution issue therefor.

p 562.
State of Missouri Plaintiff
vs                                                   Robbery
William A. Nelson Defendant
Now at this day comes on the 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 Defendant on the 21st day of June 1862 entered into recognizance in the sum of $1000 with William Hudgings as his security to be levied of their respective goods and chattels lands and tenements for the benefit of the State of Missouri to be void on condition that the said William H. Nelson be and appear before the Judge of our Greene Circuit Court on the first day of the next term thereof which will commence on the
(continued)

22
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 562 (continued)
first Monday in January 1863 then and there to answer to an Indictment prefferred against him by the Grand Jury for the crime of Robbery and not depart the Court without leave otherwise to remain in full force and the said William Hudgings being thrice called and required to bring the body of William A. Nelson in to Court in obedience to their recognizance come 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 issue against William A. Nelson and William Hudgings requiring them to be and appear before the Judge of our Greene Circuit Court at the Court House in the town of Springfield, Greene County, Missouri, at a Court to be begun and held commencing on the first Monday-in August A.D. 1863 to show cause if any they have why judgment should not be rendered against them for the said sum of $1000 as well as cost in this behalf laid out and expended and execution issue therefor.

p 563. February 3, 1863
Now at this day comes into Court George Ehman in obedience to his recognizance and on motion of the Circuit Attorney he was released from said recognizance. It is therefore ordered by the Court that State take nothing by her said recognizance and that Defendant go hence without day.

John Plummer Plaintiff
vs                                                   Civil Action
Ripley B. Weaver & Joseph M. Carthell Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants have been duly notified as the Law directs by publication in the Springfield Journal and having failed to plead, answer or dernur to Plaintiff's petition the same is taken as true and this action being founded on a promissory note for the direct payment of money and the am0unt ascertained whereby the Court doth find on examination of the same that Defendants are indebted to Plaintiff in the surn of $238.25 debt and also $23 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendants his said debt and damage as well as his costs in this behalf laid out and expended and that execution rnay issue therefor and this judgrnent bear 10% interest.

State of Missouri Plaintiff
vs                                                   Felonious Assault
J. Press Redfearn Defendant
Now at this day comes on this cause to be heard on a motin heretofore filed which motion was by the Court sustained as to the 2nd count and overruled as to the 1st and 3rd counts.

p 564.
Thomas J. Bailey Plaintiff
vs                                                   Civil Action
Lemuel H. Freeman Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants have been duly notified as the Law directs by publication in the Springfield Missourian and having failed to plead, answer or demur to Plainiff's petition the same is taken as true and this action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find on examination of the same that Defendants are indebted to Plaintiff in the sum of $472.19 for his debt and also $77.81 for his damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and
(continued)

23
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 564 (continued)
damage as well as costs in this behalf laid out and expended and that a special fi fa issue against the real estate attached as follows, viz: E 1/2 of Lots 1 and 2 NW 1/2 SW and SE 1/4 Sect 5 Township 29 Range 21 SW SW of Sect 16 Township 30 flange 20 and all or so much thereof as is necessary be sold to satisfy said execution and this judgment bear 10% interest.

Elisha Headlee admin of estate
of William Parrish, decd. Plaintiff
vs                                                   Civil Action
David Snodgrass & B.F. Hardin Defendants
Now at this day comes the Plaintiff by is attorney and it appearing to the satisfaction of the Court that the Defendants h ve been duly notified as the Law directs by summons and having failed to plead answer or demur to Plaintiff's petition and the same being founded on an instrument of writing by which defendants indebtedness is ascertained is taken as confessed. It is therefore considered by the Court that Plaintiff have judgment interlocutory against Defendants and unless cause to the contrary be shown this judgment shall be made final and no cause to the contrary being shown. The Court doth find from an examination of the instrument sued on that the Defendants are indebted to Plaintiff in the sum of S143.44 for debt and $42.22 for his damage. It is therefore considered that the Plaintiff recover of and from the Defendants his said debt and damage and that he have execution therefor and that this judgment bear 10% interest.

p 565.
John S. Doake Plaintiff
vs                                                   Civil Action
Joshua M.Bailey Defendant
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that the Defendant has been duly notified as the Law directs by summons and having failed to plead, answer or dernur 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 whereby the Court doth find upon an examination of the same that Defendant is indebted to Plaintiff in the sum of $130 for his debt and also $27.37 for his 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 in this behalf laid out and expended and execution may issue therefore and that this judgment bear 10% interest.

p 565/566.
Henry Sheppard and John S. Kimbrough Plaintiffs
vs                                                   Civil Action
David F. Smith and Henry Toney Defendants
Now at this day comes the plaintiffs and it appearing to the satisfaction of the Court that the Defendants have been duly notified as the Law directs by publication in the Springfield Journal 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 whereby the Court doth find upon an examination of the same that Defendant is indebted to Plaintiff in the sum of $90 for his debt and $19 for his 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 in this behalf laid out and expended and execution may issue therefore and that this judgment bear 10% interest.

24
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 566.
Frederick V. Goss Plaintiff
vs                                                   Civil Action
James B. Small Defendant
Now at this day comes the Plaintiffs and it appearing to the satisfaction of the Court that the Defendants have been duly notified as the Law directs by publication in the Springfield Missourian, 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 whereby the Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $255 for his debt and $51 for his damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damage as well as his costs in this behalf laid out and expended and execution may issue therefor and that this judgment bear 10% interest.

p 566/567.
William F. Yount Plaintiff
against                                                   Civil Action
Branham H. Woodson, James Norfleet,
William Norfleet, Jacob Shultz Defendants
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that the Defendants have been duly notified as the Law directs by publication in the Springfield Journal and having failed to plead, answer or demur to the 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 whereby the Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $864.50 for his debt and $198.11 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 in this behalf laid out and expended and that execution may issue therefore and this judgment bear 10% interest.

p 567.
William Care Plaintiff
vs                                                   Civil Action
Alexander Still & James T. Abernathy Defendants
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that the Defendants have been duly notified as the Law directs by publication in the Springfield Journal and having failed to plead, answer or demur to the 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 whereby the Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $108 for his debt and $3.40 for his damage. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage as well as his costs in this behalf laid out and expended and that execution may issue therefor and that this judgment bear 10% interest.

p 567/568.
William R.V. Martin & Charles G. Martin Plaintiffs
against                                                   Civil Action
John Chapman Bigbee, Joseph B. White &
Ishmeal Lee Defendants
Now at this day comes the Plaintiffs and it appearing to the satisfaction of the Court
(continued)

25
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 567/568 (cont)
that the Defendants John C.Bigbee and Ishmeal Lee have been duly notified as the Law directs by summons and having failed to plead, answer or demur to the 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 whereby the Court doth find upon an examination of the same that Defendants are indebted to the Plaintiffs in the sum of $75.25 for debt and $16.40 for their damage. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendants their said debt and damage as well as their costs in this behalf laid out and expended that execution may issue therefor and that this judgment bear 10% interest.

p 568.
Elisha Headlee, admin estate of
William Parrish, deceased Plaintiff
vs                                                   Civil Action
D.G. Hardin Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendant has been duly notified as the Law directs by summons 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 direct payment of money and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted to Plaintiffs in the sum of $50 for his debt and $12.99 for his damages. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendant their said debt and damage as well as their costs in this behalf laid out and expended that execution may issue therefor and that this Judgment bear 10% interest.

Elisha Headlee, admin estate of
William Parrish, deceased Plaintiff
vs                                                   Civil Action
John D.L. Wiley, Lewis F. Tatum,
William B. Lay Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendant has been duly notified as the Law directs by summons and having failed to plead, answer or demur to Plaintiffs petition the same is taken as confessed, and this action being founded on a promissory note for direct payment of money and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiffs in the sum of $80 for his debt and $23.78 for his damages. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants his said debt as well as his costs in this behalf laid out and expended and that execution may issue therefor and that this judgment bear 10% interest.

p 569.
Thomas J. Bailey Plaintiff
vs                                                   Civil Action
William S. Baxley, Josiah Leedy Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendant has been duly notified as the Law directs by summons and having failed to plead, answer or demur to Plaintiffs petition the same is taken as confessed, and this action being founded on a promissory note for direct payment of money and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $385.28 for his debt (continued)

26
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 569 (continued)
and $83.56 for his damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants his said debt and damages as well as his cost in this behalf laid out and expended that execution may issue therefor and that this judgment bear 10% interest.

Elisha Headlee admin estate of
William Parrish, deceased Plaintiff
vs                                                   Civil Action
William B. Roper & Robert G. Abernathy Defendants
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that the Defendants have been duly notified as the Law directs by publication in the Springfield Journal and having failed to plead, answer or demur to Plaintiffs petition the same is taken as confessed and this action being founded on a promissory note for direct payment of money and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $1727.61 debt and $501.33 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 in this behalf laid out and expended that execution may issue therefor and that this judgment bear 105 interest.

p 570.
William G. Gray Plaintiff
vs                                                   Civil Action
William H.Blakey, James P. Gray
& Thomas R. Bridges Defendants
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that the Defendants W.H. Blakey and James P. Gray have been personally served of the commencement of this suit by publication in the Springfield Journal a newspaper published in the State of Missouri for four weeks successively the last insertion being at least four weeks before the present term of this Court and the Defendants failing to appear and plead to the petition of the Plaintiff and the foundation of this action being upon a promissory note for the direct payment of money the same is taken as confessed and upon an examination the Court finds the Defendants to be indebted to the Plaintiff in the sum of $550 for his debt and the sum of $71.75 for his damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants the said sum of $550 for his debt and also the sum of $71.75 for his damages together with costs in this behalf laid out and expended for all which execution may issue and that this judgment bear 10%. It is further ordered that a special execution issue against the following real estate levied by this Writ of attachment in this cause to wit: NE 1/4 of W fcl1/4 S 1/2 of Lot 2 of NW fcl 1/4 Section 19 Township 28 Range 22 and that the same be sold to satisfy said execution and the costs.

p 570/571.
M.M. McClellan Plaintiff
vs                                                   Civil Action
D.F. Smith & Henry Toney Defendants
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that the Defendant Henry Toney has been personally served with process and that the Defendant D.F. Smith has been duly notified as the Law directs by publication in the Springfield Journal and the Defendants 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 whereby
(continued)

27
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 570/571 (continued)
the Court doth find upon an examination of the same that the Defendants are indebted to the Plaintiff in the surn of $170 for his debt and $41.75 for his damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and dainages as well his costs in this behalf laid out and expended that execution may issue therefor and that this judgment bear 10% interest. It is further ordered that a special execution issue against the following real estate levied as the property of the Defendant David F. Smith to wit: beginning at the NW corner of tbe NE 1/4 of the SE 1/4 Section 23 Township 29 Range 22 W, thence South 20 feet, thence East 383 feet, thence South 146 feet to a beginning corner, thence East 117 feet and 6 inches to a street, thence South 160 feet, thence West 117 feet and 6 inches, thence North 160 feet to the beginning point or corner. And that the same be sold to satisfy said execution and costs.

p 571/572.
Joseph Farrier Plaintiff
vs                                                   Civil Action
James S. Jones & Ann V. Jones Defendants
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that the Defendants have been served with process and that the foundation of this action is a note of hand for the direct payment of money secured by mortgage deed executed by Defendants to the Plaintiff conveying to the Plaintiff upon condition that if the note mentioned in the Plaintiff's petition be not paid according to the term and offset then if said Deed to remain in full force to the following real estate lying and being in the County of Newton and State of Missouri, to wit: the undivided one-half of the E 1/2 of NW 1/4 E 1/2 SW 1/4 and SW 1/4 SW 1/4 of Section 21 and the E 1/2 and SW 1/4 of Section 29 all in Township 27 Range 31 containing 1000 actes more or less and the Plaintiff by his pray Set forth in his petition asks that the equity of redemption in said real estate be foreclosed and that the same be sold to satisfy said note and the interest and the Defendants having failed to answer or demur to the petition of the Plaintiff the same is taken as confessed and upon examination the Court finds the Defendant James S. Jones to be indebted to the Plaintiff in the sum of $2000 for his debt and also the sum of $618 for his damages and further that said note be paid as expended by the mortgage and deed mentioned in Plaintiff's petition. It is therefore ordered and decreed by the Court that the equity of redemption in said Real Estate be foreclosed and that the Plaintiff have and recover of and from the said Defendants the sum of $2000 for his debt and also the sum of $618 for his damages and that unless the Defendant appear on or before the 3rd day of this cause that this judgment be made final.

p 572/573.
Thomas W. Chandler Plaintiff
vs                                                   Civil Action
Joseph M. Carthel and W.H. Blakey Defendants
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that the Defendants have been duly notified as the Law directs by summons 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 being ascertained whereby the Court doth find upon an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $105 for his debt and $5.8l for his damages. 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
(continued)

28
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 572/573 (cont.)
costs in this behalf laid out and expended that execution issue therefor and that this judgment bear 10% interest.

p 573.
John S. Coleman Plaintiff
against                                                   Civil Action
L.A. Campbell & George W. Jones Defendants
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that the Defendants have been duly notified by publication in the Springfield Missourian a newspaper published in the State of Missouri, and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this cause being founded upon an action for trespass and the amount not being ascertained. It is therefore considered by the Court that the Plaintiff have an inquiry of damages at the next term of this Court.

p 573/574.
State of Missouri Plaintiff
vs
Pres Redfearn Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he is unwilling to further prosecute this cause. 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 574.
James H. Mc Bride Plaintiff
against                                                   Civil Action
Joseph Gott Defendant
The Plaintiff in this cause being thrice called comes not to prosecute his action. It is therefore considered by the Court that this cause be dismissed for want of prosecution and that the Defendant have and recover of and from the Plaintiff the costs in this behalf laid out and expended for which execution may issue.

Joseph Cain Plaintiff
vs                                                   Civil Action
Thomas H.Bridges Defendant
Now at this day comes H.J. Lindenbower, attorney for Plaintiff, and dismisses his suit. It is therefore considered by the Court that the Defendant have and recover of and from the Plaintiff his costs in this behalf laid out and expended for which execution may issue.

Wright County Plaintiff
vs                                                   Civil Action
Webster County Defendant
Now at this day comes this cause to be heard and there being no one to prosecute this suit is by the Court ordered to be dismissed for want of prosecution and that the Defendant have and recover of and from the Plaitiff his costs laid out and expended in this behalf,

29
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
p 575.
Henry Fulbright Plaintiff
against                                                   Civil Action
Joseph Morris, Sylvester Larason,
John L. Rainey & William Massey Defendants
and Thomas C. Rainey Garnishee
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the said Thomas C. Rainey has been duly summoned as garnishee to appear and answer interrogatories to be filed in this cause served on him by the Coroner and acting Sheriff of Greene County, by virtue of an execution in favor of the above Plaintiffs and against the said Defendants. And the said Thomas C. Rainey having answered to Plaintiff's interrogatories by which he admits that he is indebt ed to owe one of the Defendants, Joseph Morris, $808.83. It is therefore considered and adjudged by the Court that the Plaintiff recover of and from the said garnishee, Thomas C. Rainey, the sum of $646.69 the amount of said Plaintiff's debt and interest on the same up to this time, and also the amount of costs in this behalf laid out and expended. And that execution issue therefor and also that the said Thomas C. Rainey be allowed an attorneys fee of $5 to be credited on his indebtedness to the Defendant Joseph Morris.

p 575/576.
John L. McCraw Plaintiff
against
Josiah Leedy, Harvey H. Neaves,
Thomas G. Neaves & Abel G. Neaves Defendants
Now at this day comes the Plaintiff by his attorney and dismisses this suit as to Thomas G. Neaves, and it appearing to the satisfaction of the Court that Josiah Leedy and Abel G. Neaves have been duly served with process as the Law directs by summons, at least 15 days before the commencement of this term and it further appearing that Harvey H. Neaves has been duly notified by publication made in the Springfield Journal a newspaper published in Springfield, Greene County, Missouri, and said Defendants Josiah Leedy, Abel J. Neaves and Harvey H. Neaves having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed. It is therefore considered and adjudged by the Court that Plaintiff have and recover judgment interlocutory against the said Defendants and that an inquiry of damage be had at the next August term of this Court to assess plaintiff's damages unless cause to the contrary be shown to which time this cause is continued.

p 576.
B. Roberts Plaintiff
vs                                                   Civil Action
John S. Blackman, L.A. Campbell Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to L.A. Campbell and it appearing to the satisfaction of the Court that the Defendant John S. Blackman had been served with process as the Law directs at least 15 days before the first day of the present term of this Court having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed. It is therefore considered and adjudged by the Court that Plaintiff have and recover judgment interlocutory against the said Defendant and that an inquiry of damage be held at the next August term of this Court to assess Plaintiff's damages unless cause to the-contrary be shown to which time this cause is continued.

30

January Term Continued
Table of Contents