Springfield-Greene
County LibraryJanuary Term 1864
Book F
p 364.
State of Missouri Plaintiff
vs Selling Liquor Without License #4.
W.H. Worrell Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant being three times solemnly called comes not but herein makes default and it appearing to the Court that the Defendant had been arrested by the Sheriff of Greene County on the 7th day of January 1864 and that the Defendant with Joseph Morris as his security on the 7th day of January 1864 duly executed his bond to the State of Missouri in the sum of $100 for his appearance at the present term of this Court and the said Joseph Morris being three times solemnly called and required to bring in to Court the body of the said William H. Worrell, comes not nor brings the body of the said William H. Worrell but therein makes default. It is considered by the Court that said recognizance be forfeited to the State of Missouri and that a sciria facias issue against the said William H. Worrell and Joseph Morris, his security, and that they be required to appear at the next term of this Court to be begun and held at the Court House in the city of Springfield, Greene County, State of Missouri, on the first Monday in August 1864 and on or before the 6th day of said term if the term shall so long continue, if not, then before the end of said term show cause if any they have why Judgment should not be rendered against them for the sum of $100 and cost laid out and expended in this behalf.
p 364/365.
State of Missouri Plaintiff
vs Selling Liquor Without License #5.
W.H. Worrell Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant being three times solemnly called comes not but herein makes default and it appearing to the Court that the Defendant had been arrested by the Sheriff of Greene County on the 7th day of January 1864 and that the Defendant with Joseph Morris as his security on the 7th day of January 1864 duly executed his bond to the State of Missouri in the sum of $100 for his appearance at the present term of this Court and the said Joseph Morris being three times solemnly called and required to bring in to Court the body of the said William H. Worrell, comes not nor brings the body of the said William H. Worrell but therein makes default. It is considered by the Court that ,said recognizance be forfeited to the State of Missouri and that a sciria facias issue against the said William H. Worrell and Joseph Morris, his security, and that they be required to appear at the next term of this Court to be begun and held at the Court House in the city of Springfield, Greene County, State of Missouri, on the first Monday in August 1864 and on or before the 6th day of said term if the term shall so long continue, if not, then before the end of said term show cause if any they have why Judgment should not be rendered against them for the sum of $100 and cost laid out and expended in this behalf.
p 365/366.
State of Missouri Plaintiff
vs Selling Liquor Without License #6.
W.H. Worrell Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant being three times solemnly called comes not but herein makes default and it appearing to the Court that the Defendant had been arrested by the Sheriff of Greene County on the 7th day of January 1864 and that the Defendant with Joseph Morris as his security on the 7th day of January 1864 duly executed his bond to the State of Missouri in the sum of $100 for his appearance at the present term of this Court and
(continued)
127
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 365/366 (continued)
the said Joseph Morris being three times solemnly called and required to bring in to Court the body of the said William H. Worrell, comes not nor brings the body of the said William H. Worrell but therein makes default.It is considered by the Court that said recognizance be forfeited to the State of Missouri and that a sciria facias issue against the said William H. Worrell and Joseph Morris, his security, and that they be required to appear at the next term of this Court to be begun and held at the Court House in the city of Springfield, Greene County, State of Missouri, on the first Monday in August 1864 and on or before the 6th day of said term if the term shall so long continue, if not, then before the end of said term show cause if any they have why Judgment should not be rendered against them for the sum of $100 and cost laid out and expended in this behalf.
p 366.
Theophilus C. Piper Plaintiff
vs Civil Action
Rufus S. Ford Defendant
Now at this day comes the Plaintiff by Attorney and it appearing to the full satisfaction of the Court that Defendant has been duly notified of the commencement of this action by summons and petition served on him at least 15 days before the first day of this term of Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on an instrument of writing signed by Defendant for the direct payment of money by the examination of which the Court doth find that Defendant is indebted to Plaintiff in the sum of $135 debt and $41.60 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt of $135 and also his damage of $41.60 and also his costs in this behalf laid out and expended and that he have an execution therefor and this Judgment bear 10% interest per annum.
p 367.
State of Missouri Plaintiff
vs Selling Liquor Without License #8.
W.H. Worrell Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant being three times solemnly called comes not but herein makes default and it appearing to the Court that the Defendant had been arrested by the Sheriff of Greene County on the 7th day of January 1864 and that the Defendant with Joseph Morris as his security on the 7th day of January 1864 duly executed his bond to the State of Missouri in the sum of $100 for his appearance at the present term of this Court and the said Joseph Morris being three times solemnly called and required to bring in to Court the body of the said William H. Worrell, comes not nor brings the body of the said William H. Worrell but therein makes default.It is considered by the Court that said recognizance be forfeited to the State of Missouri and that a sciria facias issue against the said William H. Worrell and Joseph Morris, his security, and that they be required to appear at the next term of this Court to be begun and held at the Court House in the city of Springfield, Greene County, State of Missouri, on the first Monday in August 1864 and on or before the 6th day of said term if the term shall so long continue, if not, then before the end of said term show cause if any they have why Judgment should not be rendered against them for the sum of $100 and cost laid out and expended in this behalf.
p 367/368.
State of Missouri Plaintiff
vs Selling Liquor Without License #9
W.H. Worrell Defendant
(continued)
128
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 367/368 (cont)
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant being three times solemnly called comes not but herein makes default and it appearing to the Court that the Defendant had been arrested by the Sheriff of Greene County on the 7th day of January 1864 and that the Defendant with Joseph Morris as his security on the 7th day of January 1864 duly executed his bond to the State of Missouri in the sum of $100 for his appearance at the present term of this Court and the said Joseph Morris being three times solemnly called and required to bring in to Court the body of the said William H. Worrell, comes not nor brings the body of the said William H. Worrell but therein makes default.It is considered by the Court that said recognizance be forfeited to the State of Missouri and that a sciria facias issue against the said William H. Worrell and Joseph Morris, his security, and that they be required to appear at the next term of this Court to be begun and held at the Court House in the city of Springfield, Greene County, State of Missouri, on the first Monday on August 1864 and on or before the 6th day of said term if the term shall so long continue, if not, then before the end of said term show cause if any they have why Judgment should not be rendered against them for the sum of $100 and cost laid out and expended in this behalf.
p 368.
State of Missouri Plaintiff
vs Selling Liquor Without License #10.
W.H. Worrell Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant being three times solemnly called comes not but herein makes default and it appearing to the Court that the Defendant had been arrested by the Sheriff of Greene County on the 7th day of January 1864 and that the Defendant with Joseph Morris as his security on the 7th day of January 1864 duly executed his bond to the State of Missouri in the sum of $100 for his appearance at the present term of this Court and the said Joseph Morris being three times solemnly called and required to bring in to Court the body of the said William H. Worrell, comes not nor brings the body of the said William H. Worrell but therein makes default.It is considered by the Court that said recognizance be forfeited to the State of Missouri and that a sciria facias issue against the said William H. Worrell and Joseph Morris, his security, and that they be required to appear at the next term of this Court to be begun and held at the Court House in the city of Springfield, Greene County, State of Missouri, on the first Monday in August1864 and on or before the 6th day of said term if the term shall so long continue, if not then before the end of said term sho cause if any they have why Judgment should not be rendered against them for the sum of $100 and cost laid out and expended in this behalf.
p 369. February 4, 1864.
State of Missouri Plaintiff
vs Gaming
C.H. Barnett Defendant
Now at this day comesthe Circuit Attorney and the Defendant in his own proper person and for a plea says he is guilty as charged in the indictment. It is therefore considered by the Court that Defendant be fined the sum of $10 for committing said offence & that the State of Missouri have and recover of and from the Defendant her said fine of $10 and costs in this behalf laid outand expended for which execution may issue and Defendant be remanded into custody of the Sheriff until fine and costs are paid.
129
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864.
p 370.
State of Missouri Plaintiff
vs Civil Action
Thomas C. Blakey and G.D. Haden Defendants
Now at this day comes the Circuit Attorney, pro tem, who prosecutes on behalf of the State.It appearing to the satisfaction of the Court that a Bill of Indictment was preferred against Thomas C. Blakey by the Grand Jury of Greene County on the second day of February 1863 and on the 16th day of February 1863 said Blakey entered into recognizance to the said State in the sum of $500 with G.D. Haden as his security, that on the 6th day of August 1863 said recognizance was by said Blakey forfeited and that a sciria facias was ordered to issue against the said Blakey and the said G.D. Haden as his security and that said sciria facias was returned executed as the law directs as to the Defendant Haden and the said Haden having failed to appear in obedience to said sciria facias and show cause why Judgment should not be rendered against him for the said sum of $500.It is therefore considered by the Court that the State of Missouri have and recover of and from the Defendant G.D. Haden her said sum of $500 as well as costs in this behalf laid out and expended for which execution may issue.
p 371.
Elisha Headlee, admin Plaintiff
vs Civil Action
J.S. Phelps & J.R. Danforth Defendants
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 Defendant his costs in this behalf laid out and expended for which execution may issue and leave is given Plaintiff to withdraw the instrument sued on by leaving a certified copy of the same.
p 372.
State of Missouri Plaintiff
vs Gaming
James H. Fagg Defendant
Now at this day comes James H. Fagg and Thomas Dodson and Jabez Townsend as his securities and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels, lands and tenements but to be void on condition that the said James H. Fagg shall be and make his personal appearance before the Judgeof our Greene Circuit Court at the next term thereof which will commence on the first Monday in August and be held at the Court House in Springfield, Greene County, Missouri, and on the first day thereof answer an Indictment preferred against him by the Grand Jury of Greene County for Unlawful Gaming and not depart said Court without leave.
p 373.
H.J. Rose Plaintiff
vs Civil Action
Eli G. Parris et al Defendant
Now at this day the Court having been of Counsel in this cause a change of venue is awarded to the Probate and Common plea s Court of Greene County.
J.J. Pratt Plaintiff
vs Civil Action
Thomas Phillips Defendant
Now at this day this cause is dismissed for want of prosecution.
130
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 373.
State of Missouri Plaintiff
vs Grand Larceny
J.M. Donnell Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and this cause is continued on affidavit of Defendant until the next term of this Court.
p 374.
Alexander Evans and Mary Roberson,
admins of estate of
Allen Roberson deceased Plaintiff
vs Civil Action
William R. Roberson Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified according to law by publication in the Springfield Journal, a newspaper print ed 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 action being founded on a promissory note signed by plaintiff for the direct payment of money the Court doth find on an examination of the same that Defendant is indebted to the Plaintiffs in the sum of $75 debt and also the sum of $15.82 for their damage. 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 cost in this behalf laid out and expended and that a special fi fa issue against the following described real estate, levied on under a Writ of Attachment issued from the Clerk's Office of the Circuit Court of Greene County, viz: SW 1/4 of Section 11 Township 30 Range 22, SW 1/4 and E 1/2 of NE 1/4 Section 11 Township 30 Range 22 levied on as the property of William R. Roberson and that all or so much thereof be sold as will satisfy said execution and cost and this Judgment bear 10% interest per annum.
p 374/375.
Henry Sheppard & John S. Kimbrough Plaintiffs
vs Civil Action
William L. Thompson Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly notified by publication as the law directs and having failed to plead to Plaintiff's petition the same is taken as confessed and it further appearing that on the 30th day of May 1863 an attachment was issued from the Clerk's Office which on t he 30th day of May 1863 levied on the following described real estate as the property of William L. Thompson viz: NE 1/4 and 1/2 of SE 1/4 Section 19 Township 28 Range 21 and this action being founded on three promissory notes signed by Defendant the Court doth find from an examination of the same that Defendant is indebted to the Plaintiff in the sum of $162.35 debt and also $45.36 for his damage. It is therefore considered by the Court that the Plaintiffs have and recover of and from Defendant their said debt and damage as well as costs in this behalf laid out and expended and that a special execution issue against the real estate attached in this cause and all or so much thereof as is necessary be sold to satisfy said execution and this Judgment bear 10% interest per annum.
p 375.
R.J. McElhaney & Clement Jaggard Plaintiffs
vs Civil Action
A. Keganice & William H. Blakey Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this suit as to Defendant Keganice, it appearing to the satisfaction of the Court that the
(continued)
131
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 375 (continued)
Defendant Blakey had been duly 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.It is therefore considered by the Court that Plaintiff have Judgment interlocutory but it not appearing what amount Plaintiff should have Judgment for.It is ordered by the Court that an inquiry be held at the next term of this Court when, unless cause to the contrary be shown this Judgment will be made final and this cause is continued until the next term of this Court.
p 375/376.
State of Missouri Plaintiff
vs Selling Liquor Without License #11.
William H. Worrell Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant being three times solemnly called comes not but herein makes default and it appearing to the Court that the Defendant had been arrested by the Sheriff of Greene County on the 7th day of January 1864 and that the Defendant with Joseph Morris as his security on the 7th day of January 1864 duly executed his bond to the State of Missouri in the sum of $100 for his appearance at the present term of this Court and the said Joseph Morris being three times solemnly called and required to bring in to Court the body of the said William H. Worrell, comes not nor brings the body of the said William H. Worrell but therein makes default.It is considered by the Court that said recognizance be forfeited to the State of Missouri and that a sciria facias issue against the said William H. Worrell and Joseph Morris, his security, and that they be required to appear at the next term of this Court to be begun and held at the Court House in the city of Springfield, Greene County, State of Missouri, on the first Monday in August 1864 and on or before the 6th day of said term if the term shall so long continue, if not then before the end of said term show cause if any they have why Judgment should not be rendered against them for the sum of $100 and cost laid out and expended in this behalf.
p 376.
Now at this day comes Thomas A. Reed Sheriff of Greene County, Missouri, and in Open Court acknowledges that he executed a Deed to Zachariah Roberts to the following real estate, viz: NE 1/4 of NW 1/4 and NW 1/4 of NW 1/4 Section 20 Township 28 Range 20 said Roberts being the purchaser of said land under an execution issued from the Clerk's Office of the CircuitCourt of said County and State in favor of Zachariah Roberts and against John Blackman.
p 376/377.
Now at this day comes Thomas A. Reed Sheriff of Greene County, Missouri, and in Open Court acknowledges that he executed a Deed to Allen Mitchell to the following described real estate, viz: NW 1/4 of NW 1/4 Section 2 Township 29 Range 22 in Greene County, State of Missouri, said Mitchell being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Nancy Davis and against Newlin A. Davis.
p 377.
Now at this day comes Thomas A. Reed Sheriff of Greene County, Missouri, and in Open Court acknowledges that he executed a Deed to the Bank of the State of Missouri to the following described real estate, viz: NW 1/4 of NW 1/4 Section 11 Township 28 Range 22 said Bank of the State of Missouri being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Bank of the State of Missouri and against William H. Blakey and Eli J. Armstrong.
132
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 377.
State of Missouri Plaintiff
vs Selling Liquor Without License #7.
William H. Worrell Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant being three times solemnly called comes not but herein makes default and it appearing to the Court that the Defendant had been arrested by the Sheriff of Greene County on the 7th day of January 1864 and that the Defendant with Joseph Morris as his security on the 7th day of January 1864 duly executed his bond to the State of Missouri in the sum of $100 for his appearance at the present term of this Court and the said Joseph Morris being three times solemnly called and required to bring in to Court the body of the said William H. Worrell, comes not nor brings the body of the said William H. Worrell but therein makes default. It is considered by the Court that said recognizance be forfeited to the State of Missouri and that a sciria facias issue against the said William H. Worrell and Joseph Morris, his security, and that they be required to appear at the next term of this Court to be begun and held at the Court House in the city of Springfield, Greene County, State of Missouri, on the first Monday in August 1864 and on or before the 6th day of said term if the term shall so long continue, if not then before the end of said term show cause if any they have why Judgment should not be rendered against them for the sum of $100 and cost laid out and expended in this behalf.
p 377/378.
State of Missouri Plaintiff
vs Selling Liquor Without License #12.
William H. Worrell Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant being three times solemnly called comes not but herein makes default and it appearing to the Court that the Defendant had been arrested by the Sheriff of Greene County on the 7th day of January 1864 and that the Defendant with Joseph Morris as his security on the 7th day of January 1864 duly executed his bond to the State of Missouri in the sum of $100 for his appearance at the present term of this Court and the said Joseph Morris being three times solernnly called and required to bring in to Court the body of the said William H. Worrell, comes not nor brings the body of the said William H. Worrell but therein makes default. It is considered by the Court that said recognizance be forfeited to the State of Missouri and that a sciria facias issue against the said William H. Worrell and Joseph Morris, his security, and that they be required to appear at the next term of this Court to be begun and held at the Court House in the city of Springfield, Greene County, State of Missouri, on the first Monday in August 1864 and on or before the 6th day of said term if the term shall so long continue, if not then before the end of said term show cause if any they have why Judgment should not be rendered against them for the sum of $100 and cost laid out and expended in this behalf.
p 378.
James C. Franklin & James G. Dollison
admins estate James Dollison, deceased Plaintiffs
vs Civil Action
David Wilkerson Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant had 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 and this action being founded on a promissory note signed by Defendant for the direct payment of money. The Court doth find on an examination of the same that Defendant is indebted to
(continued)
133
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 378 (cont)
to Plaintiff in the sum of $100 debt and also the sum of $46.66 for damage.It is therefore considered and adjudged by the Court that Plaintiffs have and recover of and from Defendant their said debt of $100 and damage of $46.66 as well as costs in this behalf laid out and expended and that execution issue therefor and this Judgment bear 10% interest per annum.
p 379.
Joseph R. Douglass Plaintiff
vs Civil Action
Leonidas C. Campbell Defendant
Now at this day comes the Plaintiff by attorney and this cause coming on for a final hearing the Enquiry of Damage awarded at the last term of Court is had before the Court sitting as a Jury and after hearing the evidence offered by Plaintiff the Court doth find that Plaintiff has been damaged by Defendant to the amount of $300.It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendant the damage of $300 as well as costs in this behalf laid out and expended. And it further appearing to the Court that a Writ of Attachment was issued out of the Clerk's Office of the Court on the 26th day of December A.D. 1862 directed to the Sheriff of Greene County, Missouri, and by him returned on February 2nd 1863 executed by levying on and attaching the following real estate situate in said Greene County viz: SW 1/4 of Section 15 and NW 1/4 of Section 21 all in Township 29 Range 23W.It is therefore adjudged that Plaintiff have a special execution against the property attached in this cause and that the same or so much as is necessary to satisfy this judgment be sold and this judgment bear 6% interest per annum.
p 380.
Christianana Hoofman
vs
Jefferson W. Rainey
Now at this day comes on to be heard the motion heretofore filed by Plaintiff to amend the Judgment rendered at the August term 1862 of this Court so as to correspond to the original attachment issued in this cause and all and singular the premises being seen and fully understood by the Court, the Court from an examination of the papers in this cause doth so find that there was an error in said Judgment in this viz said Judgment recites E 1/2 of SE 1/4 of Section 28 and SE 1/4 of SW 1/4 Section 8 Township 27 Range 23.It is therefore considered and decreed by the Court that said Judgment be so amended as to read E 1/2 of SE 1/4 of Section 28 and SE 1/4 of SW 1/4 of Section 28 and SE 1/4 of SW 1/4 Section 8 Township 28 Range 23 and all or so much thereof as is necessary be sold to satisfy said Judgment heretofore referred to and now amended
Ordered by the Court that Court adjourn till tomorrow morning 9 o'clock.
John S. Waddill C J
Court met pursuant to adjournment on Friday February 5th 1864. Present as on yesterday.
p 381.
John Small Plaintiff
vs Civil Action for Title to Real Estate
John W. Hancock Defendant
Now at this day comes the Plaintiff by attorney and this cause coming on to be heard and the Defendant having been duly notified of the commencement of this action as the law directs by publication in the Springfield Missourian, a weekly newspaper published in Greene County, State of Missouri, for four weeks, the last insertion being at least
(continued)
134
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 381 (continued)
four weeks before the first day of the present term of this Court, and the Defendant having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed, and it is ordered by the Court that Plaintiff have an interlocutory judgment and that unless Defendant be and appear on or before the 6th day of the next term of this Court, the same will be made final until which time this cause is continued.
p 381/382.
The State of Missouri to the use and for
the benefit of Peter Hayden and Pollock
Wilson doing business under the firm name
of Hayden and Wilson Plaintiffs
vs Civil Action
James S. Jones Defendant
Now at this day comes the Plaintiff by attorney and it being shown to the Court that Defendant has been duly notified of the commencement of this action by publication in the Springfield Missourian, a newspaper published in Greene County, State of Missouri, weekly, for at least four weeks the last insertion being at least four weeks before the first day of the last term of this Court and the Defendant having failed to plead, answer or demur to Plaintiff's petition, the same is taken as confessed and this action being founded on a special bond to the State of Missouri for the sum of $8700, and this cause coming on for a final hearing, the Enquiry awarded at the last term of this Court is bad before the Court sitting as a Jury, the plaintiff having waived a Jury. And the Court finds from the evidence introduced that the condition of said bond has been broken by the said James S. Jones. It is therefore considered and adjudged by the Court that the Plaintiff have judgment against said Defendant for the sum of $8700 and the Court doth further find from the evidence introduced that Peter Hayden and Pollock Wilson for whose use this suit has been damaged by the breach of said bond in the sum of $1611.84 for debt and $306.80 for damage. It is therefore considered ordered and adjudged that an execution issue in this cause for the benefit of Peter Hayden and Pollock Wilson for the said sum of $1611.84 for debt and $306.80 f or damage as well as for costs in this behalf laid out and expended.
p 382/383.
Edwin T. Robberson Plaintiff
vs Civil Action
William R. Robberson Defendant
Now at this day comes the Plaintiff by attorney and the enquiry of damage heretofore awarded in this cause coming on for a hearing and the Plaintiff waiving a Jury. The enquiry is had before the Court sitting as a Jury and after hearing evidence introduced the Court doth find that Defendant is indebted to Plaintiff on promissory notes signed by Defendant and for money paid by Plaintiff as security for Defendant in the sum of $309.75 for debt and $59 for damage. It is therefore considered and adjudged and ordered that Plaintiff have judgment against Defendant for the said sum of $309.75 for debt and $59 for damage together with costs in this behalf laid out and expended. The Court doth also further find that on the 29th day of January 1863 a Writ of Attachment issued in this cause directed to the Sheriff of Greene County, State of Missouri, and was by him returned executed on the 29th day of January 1863 by levying on and seizing as the property of the Defendant the following real estate situate in said Greene County State of Missouri, viz: W 1/2 of SE 1/4 and SW 1/4 and NW 1/4 and E 1/2 of NE 1/4 and SW 1/4 of NE 1/4 all being in Section 11 Township 30 Range 22W also E 1/2 of SE 1/4 Section 29, W 1/2 of SW 1/4 Section 28 and NW 1/4 of NW 1/4 of Section 33 all in Township 31 Range 24W also Lot No 5 Block 2 in Fair Ground Addition to City of Springfield. It is further considered by the Court that a special execution issue on this cause against the property attached and that the same or so much as will satisfy this judgment be sold.
135
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 383.
Joseph W. McClurg, William D. Murphy,
Marshal W. Johnson, Hervey A. Massey,
and Edwin R. Torbert, partners in trade
doing business under the firm name of
McClurg Murphy and Company Plaintiffs
vs Civil Action
R. QuaIls Banfield & John Foster, doing
business under firm name Banfield
& Foster Defendants
Now at this day comes the Plaintiffs by attorney and it appearing to the Court that the Defendants have been duly notified of the commencement of this action by Writ of Summons served on them at least 15 days before tbe commencement of this Court, and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on an instrument of writing for the direct payment of money whereby the Defendants indebtedness is ascertained. The Court doth find from an examination of the same that the Defendant owes and stands indebted to Plaintiff in the sum of $816.60 for debt and $272.88 for damage. It is therefore adjudged by the Court that Plaintiffs have and recover of and from Defendants their said debt and damage together with costs in this behalf laid out and expended and that execution issue therefor.
p 383/384.
Charles A. Haden Plaintiff
vs Civil Action
John W. Hancock Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the full satisfaction of the Court that the Defendant has been duly notified of the commencement of this said suit by publication for at least 4 weeks in the Springfield Journal, a weekly newspaper published in Greene County, State of Missouri, the last insertion at least 4 weeks before the first day of this term of Court and Defendant having failed to plead answer or demur to Plaintiff's petition the same is taken as confessed and the action being founded on a promissory note signed by the Defendant for the direct payment of money whereby Defendant's indebtedness is ascertained the Court doth find from anexamination of the same that Defendant owes and is indebted to Plaintiff in the sum of $103.71 for debt and $18.67 for damage. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendant his said debt and damage together with costs laid out and expended in this behalf for which execution may issue and this judgment bear 6% interest per annum.
Charles A. Haden Plaintiff
vs Civil Action
Thomas J. Weaver & Felix B. Weaver Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants have been duly notified of the commencement of this suit by publication in the Springfield Journal, a weekly newspaper published in Greene County, State of Missouri, for four weeks successively the last insertion being at least four weeks before the first day of this term of Court 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, signed by Defendants, whereby their indebtedness is ascertained from which by examination thereof the Court doth find that Defendants are indebted to Plaintiff in the sum of $630.61 for debt and $148.65 for damage. It is therefore considered and adjudged by the Court that 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 issue therefor and that this judgment bear 10% interest per annum.
136
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 384.
James Atkison and Benjamin F. Acock
as admins of Robert E. Acock, deceased. Plaintiffs
vs Civil Action
Richard M. Jones and John Lair Defendants
Now at this day comes the Plaintiffs by attorney and it appearing to the full satisfaction of the Court that the Defendants have been duly notified of the commencement of this action by publication in the Springfield Journal, a weekly newspaper published in Greene County, State of Missouri, for four weeks successively, the last insertion being at least four weeks before the first day of this term of this Court 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 an instrument of writing signed by Defendants for the direct payment of money whereby their indebtedness is ascertained. The Court doth find from an examination of the same that the Defendants are indebted to Plaintiffs in the sum of $2095.45 for debt and $824.74 for damage. It is therefore considered and adjudged by the Court that Plaintiffs have and recover of and from said Defendants their said debt and damage aforesaid as well as costs in this behalf laid out and expended and that execution issue therefor and that this judgment bear 10% interest per annum.
p 385/386.
Following causes - Change of Venue to Probate and Common Pleas Court Greene County
Magruder Tannehill vs Amos H. Hood and James Jackson.
Robert P. Faulkner and Warren H. Graves vs Charles L. Stark.
Hugh T. Hunt vs John J. Wintersteen and K.H.S. Fairchilds.
J.K.P. McQuigg vs Robert G. Abernathy and Fidelio S. Jones.
R.J. Ragsdale vs James Hill.
John S. Coleman vs L.A. Campbell and George M. Jones.
Joseph Burden vs William J. Biggs and James S. McQuerter.
H.B. Matthews vs C.S. Bodenhamer.
John Morris vs Thomas Masters.
Avanant Hollingsworth vs John L.C. Huddleson.
p 387.
Samuel S. Vinton Plaintiff
vs Civil Action
William B. Farmer Defendant
Now at this day this cause is dismissed by attorney for Plaintiff.
Daniel Bedell Plaintiff
vs Civil Action
Edith Bedell Defendant
Now at this day the death of the Plaintiff is suggested to the Court therefore this cause is by the Court dismissed.
State of Missouri Plaintiff
vs Misdemeanor
Enos Pipkin Defendant
Now at this day the demur heretofore filed in this cause comes on to be heard and all and singular the premises being seen and fully understood by the Court said demurer is by the Court sustained to which ruling of the Court Plaintiff excepts.
p 388.
State of Missouri Plaintiff
vs Treason
J.P. Campbell Defendant
Now at this day comes on to be heard the motion heretofore filed to quash the indictment
(continued)
137
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 387 (continued)
in this cause and the Defendant appeared in person and all and singular the premises being seen and fully understood by the Court said motion is by the Court overruled to which ruling of the Court Defendant excepts.
p 388.
State of Missouri Plaintiff
vs No. 1 Misdemeanor
Enos Pipkin Defendant
Now at this day comes the Circuit Attorney and prays the Court that an appeal be granted in this cause and all and singular the premises being seen and fully understood by the Court said appeal is granted and Defendant is held under his recognizance until the next term of this Court.
State of Missouri Plaintiff
vs Forfeiture Recognizance
W.A. Campbell, B.A. Barrett
and J.J. Weaver Defendants
Now at this day comes the Defendants, B.A. Barrett and J.J. Weaver by attorney and by leave of Court files his motion to Quash the sciria facias issued in this cause.
State of Missouri Plaintiff
vs Treason
J.P. Campbell Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court files his Bill of Exceptions in this cause.
p 389.
Now at this day it appearing to the satisfaction of the Court that an offence had been committed since adjournment of the Grand Jury, at the present term of this Court.It is ordered by the Court that a special Grand Jury be summoned and appear instanter to take cognizance of such cases as may come before it and that the Clerk of this Court issue a venire to the Sheriff of this County to summon the same returnable instanter.
State of Missouri Plaintiff
vs Treason
Abner Hamblin Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant in his own proper person and by attorney and the respective parties having announced ready for trial the Sheriff returns into Court a panel of forty men from which to select a Jury to try t his cause thirty six of whom were sworn to answer questions and also sworn as required by the Convention after which a list of said thirty six persons was given to the Circuit Attorney and also to the Defendant and his Counsel.
p 390/391.
Motions filed
Bank of Mo. vs J.B. Clark Jr & Co, John Lair Homer F. Fellows.
Smith and Vernon vs Davis and Sken
James Mills vs Morris Black.
Charles H. Smith and James Vernon vs J.M. Davis and Wilson Sceene
C.S. Bodenhamer vs Robert Adams.
Popelwell Swink & Co. vs John Daniels and Tapley Daniels.
J.M. Bailey vs B.H. Woodson
Josiah Leedy vs J.C. Freemont et al.
B.A. Stephens vs R.J.D. Stephens.
138
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 391.
Now at this day the Sheriff of Greene County returns his venire for a special Grand Jury, viz:Ches. Cannefax, J.B. Perkins, J.B. Brown, Joel Phillips, H.R. Jarrett, J.F. Fielden, Josiah Cunningham, Jacob Baughman, John W. Steele, Eli Spoon, E. McMurray, G.P. Beal, J.W. Jenkins, Rufus Robinson, M.M. Parsely and A.C. Graves, sixteen good and lawful men who having taken and subscribed the oath prescribed by the Convention, Chesley Cannefax was by the Court appointed foreman whereupon they were duly sworn as the Law directs and having received the charge of the Court retired to consider of their presentments.
p 391/392.
State of Missouri Plaintiff
vs Keeping Gaming Device
T.J. Andrews Defendant
Now at this day comes the Defendant T.J. Andrews and B.C. Andrews and N.H. Burden as his securities and acknowledge themselves each to owe and stand indebted 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 on condition that the said T.J. Andrews shall be and make his personal appearance before the Judge of our Greene Circuit Courtat the next term thereof which will commence and be held at the Court House in Springfield Greene County, Missouri, on the first Monday in August A.D. 1864 and on the first day thereof answer to an Indictment preferred against him by the Grand Jury of said County for Keeping a Gaming Device and not depart said Court without leave.
p 392.
State of Missouri Plaintiff
vs Gaming
Thomas J. Andrews Defendant
Now at this day comes T.J. Andrews and B.G. Andrews and W.H. Burden as his securities and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels, lands and tenements but to be void on condition that the said T.J. Andrews shall be and make his personal appearance before the Judge of our Greene Circuit Court at the next term thereof which will commence and be held at the Court House in Springfield, Greene County, Missouri, on the first Monday in August A.D. 1864 and on the first day thereof answer to an Indictment preferred against him by the Grand Jury of said County for Keeping a Gaming Device and not depart said Court without leave.
p 392/393.
State of Missouri Plaintiff
vs Selling Liquor on Sunday
Thomas J. Andrews Defendant
Now at this day comes T.J. Andrews and B.G. Andrews and W.H. Burden as his securities and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels, lands and tenements but to be void on condition that the said T.J. Andrews shall be and make his personal appearance before the Judge of our Greene Circuit Court at the next term thereof which will commence and be held at the Court House in Springfield, Greene County, Missouri, on the first Monday in August A.D. 1864 and on the first day thereof answer to an Indictment preferred against him by the Grand Jury of said County for Selling Liquor on Sunday and not depart said Court without leave.
139
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 393.
State of Missouri Plaintiff
vs Selling Liquor Without License.
Thomas J. Andrews.
Now at this day comes T.J. Andrews and B.G. Andrews and W.H. Burden as his securities and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels, lands and tenements but to be void on condition that the said T.J. Andrews shall be and make his personal appearance before the Judge of our Greene Circuit Court at the next term thereof which will commence and be held at the Court House in Springfield, Greene County, Missouri, on the first Monday in August A.D. 1864 and on the first day thereof answer to an Indictment preferred against him by the Grand Jury of said County for Selling Liquor without a License and not depart said Court without leave.
Ordered by the Court adjourn untill tomorrow morning 9 o'clock. John S. Waddill C J
Springfield Missouri, February 6th 1864.
Court met pursuant to adjournment. Present as on yesterday.
p 393/394.
Joseph S. Moss, administration of Estate
of Daniel D. Berry, deceased Plaintiff
vs Civil Action
Elisha Headlee, administration of Estate
of William G. Loyd deceased
and John Turner Defendants
Now at this day comes on to be heard the above entitled cause and the said Plaintiff appearing by attorney dismisses this suit as to Defendant John Turner and Defendant Headlee comes not but makes default and it appearing to the satisfaction of the Court that said Defendant has been duly served with process at least 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition within the time prescribed by law said petition is taken as confessed.It is therefore considered by ghe Court that Plaintiff recover judgment against said Defendant and that the same be made final at the present term. And it appearing to the satisfaction of the Court that this suit is founded on fiveseveral promissory notes signed by William L. Loyd, deceased (of whose estate the said Defendant, Elisha Headlee has been appointed administration) whereby Plaintiff's demand is ascertained. The Court doth find upon an examination of said notes that Defendant Elisha Headlee, administration of said William G. Loyd, deceased, is indebted to Plaintiff by reason thereof in the sum of $864.50 for principal and the sum of $308.58 interest thereon. It is therefore by the Court in this behalf further considered that Plaintiff have and recover of and from said Elisha Headlee, administrator as aforesaid, out of the property and assets of the said William G. Loyd, deceased, remaining in his hands to be administered the said sum of $864.50 for his debt and the sum of $308.58 for his damage for the nonpayment of said debt as well as his cost in this behalf laid out and expended and that this judgment bear10% interest per annum.
p 394/395.
Joseph S. Moss, surviving partner of
the firm J.S. Moss and Co Plaintiff
vs Civil Action
Jacob Shultz Defendant
Now at this day comes on to be heard the above entitled cause and the Plaintiff appearing by attorney.Defendant comes not but makes default and it appearing to the satisfaction of the Court that the Defendant has been duly served with process at least fifteen
(continued)
140
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 394/395 (continued)
days before the first day of the present term of this Court and having failed to plead answer or demur to Plaintiff's petition the same is taken as confessed. It is therefore considered by the Court that Plaintiff recover judgment against said Defendant and that the same be made final at the present term of this Court and it appearing to the satisfaction of the Court that this suit is founded on several promissory notes signed by Defendant whereby Plaintiff's demand is ascertained. The Court doth find upon an examination of the same that Defendant is indebted to Plaintiff thereby in the sum of $210.47 debt and the sum of $67.61 damage for the nonpayment of said debt. It is therefore further considered that Plaintiff have and recover of and from said Defendant the sum of first aforesaid for his debt and sum last aforesaid for his damage as well as his cost herein expended and that execution issue therefor and that this judgment bear 10% interest per annum.
p 395.
James Eastham Plaintiff
vs Civil Action
J.M. Barker et al Defendants
Now at this day it is ordered by the Court that John H. Gibson, garnishee in this cause, be allowed $10 for his answers to be retained out of the part of W.L. Hancock's assets now in his hands.
Jabez Owen Plaintiff
vs Civil Action
L.A. Campbell Defendant
Now at this day the death of the Plaintiff in this cause is suggested to the Court.
p 396.
Bank of Missouri Plaintiff
vs Civil Action
M.Boyd, S.H. Boyd & R.B. Owen Defendants
Now at this day comes on to be heard the demurer heretofore filed in this cause and all and singular the premises being seen and fully understood, it is by the Court overruled to which overruling the Defendant Excepts and leave is grant ed to the Defendant to plead on Monday the 13th day of this term.
B.H. Woodson Plaintiff
vs Civil Action
W.M. Armstrong, W. Hackney Defendants
Now at this day this cause coming on to be heard and the Plaintiff being three times solemnly called comes not. It is therefore considered by the Court that this cause be dismissed for want of prosecution and that the Defendants have and recover of and from the Plaintiffs their cost laid out and expended in this behalf and that they have execution therefor.
Reed and Markham Plaintiffs
vs Civil Action
G.L. Mitchell Defendant
Now at this day this cause coming on to be heard the Plaintiff having been three times solemnly called comes not but makes default. It is therefore considered by the Court that this cause be dismissed and that Defendant have and recover of and from Plaintiff his cost in this behalf laid out and expended for which execution may issue.
141
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