Abstract of Circuit Court Record Books January - July 1866

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

January Term 1866
Book G

p 477.
State of Missouri Plaintiff
vs                                                   Murder
N.H. Choat Defendant
Now at this day comes the Circuit Attorney who prosecutes and it appearing to the satisfaction of the Court that Joseph Allison, a witness in the above cause had been duly recognized to appear before the Judge of the Greene Circuit Court at the Court House in Springfield, Missouri, on the first Monday in January 1866 and testify on the part of the State in this cause and the said Joseph Allison having been thrice called comes not but makes default. It is therefore considered by the Court that his said recognizance be forfeited to the State of Missouri, the same being one hundred dollars and that the State of Missouri have and recover of and from the said Joseph Allison her said forfeiture of one hundred dollars and also her costs in this behalf expended and that she have an execution therefor.

p 477/478.
State of Missouri Plaintiff
vs                                                   (#25) Larceny
John W. Faught Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant being called comes not but makes default and the said Isham Faught, his security, being called and required to bring the said John W. Faught into Court comes not but makes default and it appearing to the satisfaction of the Court that said Defendant with the said Isham Faught entered into their recognizance before the Judge of the County Court of Greene County Missouri on the 5th day of July 1865 in the sum of five hundred dollars for the appearance of said Defendant before the Judge of Circuit Court of Greene County, Missouri, to answer to an indictment against John W. Faught for Obtaining Goods Under False Pretenses and having made default herein. It is therefore considered by the Court that said recognizance be forfeited to the State of Missouri and that she have and recover of and from said John W. Faught and Isham Faught her forfeiture of five hundred dollars and also her cost in this behalf and that she have execution hereof.

p 478.
State of Missouri Plaintiff
vs                                                   (#16) Murder
N.H. Choat Defendant
Now at this day comes the Circuit Attorney and on affidavit of the Defendant this cause is continued until the next Term of this Court.

State of Missouri Plaintiff
vs                                                   (#16) Murder
N.H. Choat Defendant
Now at this day comes the Circuit Attorney who prosecutes and Catherine Bigley, A. Hedgspeth, Martha Renfro, Margaret Carter, C. Merritt, M. Carter, L.J. Stowell, E.J. Bigley, A. Bowles, Mary E. Gibbs, Margaret Bird, Nancy Hicks, Margaret Braun, M.A. Hedgspeth, M.D. Merritt, D. Bowles, Henry Bird, B. Hedgspeth, D. Scott, Henry Preston, J.C. Bowles, Lucretia Preston, P. Simmons, Witnesses on part of Defense, State vs Choat, and acknowledge themselves to owe and stand indebted unto the State of Missouri in the sum of one hundred dollars each to be levied of their goods and chattels lands and tenements to be void on condition that they appear before the Judge of the Circuit Court of Greene County at the Court House in Springfield in said County on the second Monday in July 1866 and testify in the above cause on part of the State and not depart said Court without leave.

16
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 478.
State of Missouri Plaintiff
vs                                                   (#29) Murder
Stephen Hicks Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and also the Defendant by attorney and on the application of the Circuit Attorney this cause is continued until the July Term of this Court 1866.

p 479.
State of Missouri Plaintiff
vs                                                   (#29) Recognizance Witnesses
Stephen Hicks Defendant
Now at this day comes the Circuit Attorney who prosecutes and Catherine Bigley, A. Hedgspeth, Martha Renfro, M. Arter, C. Merritt, M. Carter, L.J. Stowell, E.J. Bigley, A. Bowles, Mary E. Gibbs, M. Bird, Nancy Hicks, M. Braun, M.A. Hedgspeth, M.D. Merritt, D. Bowles, H. Bird, B. Hedgspeth, D.W. Scott, J.C. Bowles, L. Preston and P. Simmons, Witnesses for Defense and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars each to be levied of their goods and chattels, lands and tenements to be void on condition that they appear before the Judge of the Circuit Court of Greene County at the Court House in Springfield in said County on the 2nd Monday in July 1866 and testify in the above cause on part of the State and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   Recognizance
Alfred Bigley Defendant
Now at this day comes the Circuit Attorney who prosecutes and the Defendant by attorney and on affidavit of Defendant this cause is continued until next Term of this Court.

State of Missouri Plaintiff
vs                                                   Recognizance of Witnesses
Alfred Bigley Defendant
Now at this day comes the Circuit Attorney who prosecutes and Cyrus S. Jacobs, Joseph Allison, William Stepp, William Bowles and William Sutton who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars each to be levied of their goods and chattels lands and tenements to be void on condition that they be and appear before the Judge of the Greene Circuit Court at the Court House in Springfield Missouri on the second Monday in July 1866 and testify in the above cause
on part of the State and not depart said Court without leave.

Ordered that Court adjourn until tomorrow 9 o'clock. S.H. Boyd Circuit Judge.

p 480. 4th day of Term.
Court met pursuant to adjournment. Present as on yesterday.

Bank of Missouri Plaintiff
vs                                                   Civil Action
S. Fulbright, M.H. Coker,
Daniel N. Fulbright and David L. Fulbright Defendants
Now at this day comes the Plaintiff by her attorney and by leave of Court permission is given said Plaintiff to withdraw the original instrument sued on in this cause by leaving a certified copy thereof with the Clerk of this Court.

17
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 480.
Motions filed
#235. Owen, Fuller, et al vs Thomas Keith -- Defendant files demurer
#250. Silas Ray vs William Wooten -- Defendant files motion to quash
John Tennis vs L.P. Ayers -- Defendant files additional Bond
#277 George W. Vanlear vs Henderson Jones -- Court overruled demurer
#277 George W. Vanlear vs Henderson Jones -- Defendant files answer
#298. Likins & Whinnery vs N.P. Murphy -- Defendant files answer

p 481.
#300. James Goskins vs Wiley Oneil et al -- motion for Plaintiff to security
#80. Divorce answer (prev. published)
#274. G.W. Bloan vs William Robertson -- Defendant files answer
#133. Magruder Tannehill vs William Garroute -- Defendant files answer
#329. Sanford Morris vs John Hines -- amend return.

Merchants Bank Plaintiff
vs                                                   Civil Action
Samuel G. Appleby Defendant
Now at this day comes the Plaintiff bv his attorney and leave is given said Plaintiff to withdraw the original instrument sued on in this cause by leaving a copy of the same with the Clerk of the Greene Circuit Court.

Henry Paulsell Plaintiff
vs                                                   #295 Civil Action
T.W. Coltrain Defendant
Now at this day comes the parties in this cause by their attorneys and by leave of Court the Sheriff is granted leave to amend his return in this cause.

p 482.
State of Missouri Plaintiff
vs                                                   #100 Indictment
S.H. Westlick Defendant
Now at this day comes the Defendant by his attorney and by leave of Court files his motion to quash the Indictment in this cause.

State of Missouri Plaintiff
vs                                                   Indictment
R.S. Nelson Defendant
Now at this day it is ordered by the Court that this cause be entered on the Criminal Docket and the Circuit Attorney and the Defendant appearing by his attorney by consent of parties and leave of Court this cause is continued until the next term of this Court.

Nelson Burkhart Plaintiff
vs                                                   #16 Civil Action
Samuel Miller et al Defendant
Now at this day comes the Defendant in the above entitled cause by his attorney and on application of the Defendant's attorney the interlocutory judgment rendered at the July term 1865 of this Court is set aside as to Ransom Johnson one of the Defendants in this cause and said Defendant is granted leave to plead to this cause by the 14th day of January 1866.

18
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 482.
William Kerr Plaintiff
vs                                                   Civil Action
Allen Still,
J.C. Conley garnishee
Now at this day comes J.C. Conley garnishee in this cause and by leave of Court files his answer in this cause and it is ordered by the Court that he be allowed the sun of ten dollars for his answer in this cause.

State of Missouri Plaintiff
vs                                                   #12 Obstructing Highway
Daniel Chandler Defendant
Now at this day comes the Defendant by his attorney and by leave of Court files his demurer in this cause.

Now at this day comes the Grand Jury and return into Court two Bills of Indictment which are ordered by the Court to be filed and capias to issue on the same viz

State of Missouri vs S.B.
State of Missouri vs A.S.S.

p 483.
Sanford, Morris Plaintiff
vs                                                   #322 Replevin
John Hines Defendant
Now at this day comes the Defendant by his attorney and by leave of Court files his answer in this cause.

Joseph Wilkerson Plaintiff
vs                                                   #25 Civil Action
D.D. Berry Defendant
Now at this day comes the Defendant bv his attorney and by leave of Court files his Plea of Abatement in this cause.

S.H. Julian Plaintiff
vs                                                   #220 Civil Action
Elizabeth Campbell Defendant
Now at this day comes the Defendant by her attorney and by leave of Court files her answer in this cause.

John B. Cox Plaintiff
vs                                                   Civil Action
Eli G. Parris Defendant
Now at this day comes the Defendant by his attorney and by leave of Court files his demurer in this cause which is by the Court overruled.

Salvadore Phillips Plaintiff
vs                                                   #216 Civil Action
William Robertson Defendant
Now at this day comes the Defendant by his attorney and files his answer in this cause.

It is ordered by the Court that a fine of five dollars be assessed against John R. Cox for a Contempt of Court and that execution issue for the same.

19
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 483/484.
State of Missouri Plaintiff
vs                                                   #12 Obstructing Highway
Daniel Chandler Defendant
Now at this day comes the Circuit Attorney who prosecutes and on behalf of the State of Missouri and also the Defendant by his attorney who for a plea says he is not guilty and both parties having announced ready for trial, thereupon cane a Jury viz Charles Oneal, W.F. Dunn, Mike Johnson, S. Miller, L. Lyman and W.B. Gregory, five good and lawful men who by agreement of parties are duly elected, tried and sworn to well and truly try the issue joined and having taken and subscribed the Oath required by the Constitution of the State of Missouri and having heard the evidence and received the instructions of the Court return into Court the following verdict "We the Jury find the Defendant guilty as charged in the Indictment and assess his fine at twenty dollars." It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from the said Defendant her said fine of twenty dollars and her costs in this behalf laid out and expended and that she have execution therefor and that the said Defendant remain in custody of the Sheriff until fine and costs are fully paid.

p 484.
State of Missouri Plaintiff
vs                                                   #12 Obstructing Highway
Daniel Chandler Defendant
Now at this day comes the Defendant by his attorney and by leave of Court files his motion to arrest the judgment in this cause.

Bank of Missouri Plaintiff
vs                                                   Civil Action
John L. McCracken Defendant
Now at this day comes the Defendant by his attorney and by leave of Court files his answer in this cause.

State of Missouri Plaintiff
vs                                                   #87 Grand Larceny
Saluder and Hawkins Defendant
Now at this day comes the Circuit Attorney and also the Defendant by Attorney and by leave of Court this cause is continued until next term of this Court and subpoena ordered to issue for the State witnesses returnable at the July term of this Court 1866.

p 484/485.
M.O. Slay Plaintiff
vs                                                   #301 Civil Action
Mrs. Bettis Defendant
Now at this day comes the parties by their attorneys and this cause coming on to be heard and the Court being fully advised of and concerning the premises. It is considered by the Court that this cause be dismissed at the cost of the Plaintiff, the said Defendant claiming no interest in the property involved in this suit. It is therefore considered by the Court that the said Defendant have and recover of and from said Plaintiff her costs in this behalf laid out and expended and taht she have an execution therefor.

p 485.
State of Missouri Plaintiff
vs                                                   Larceny
David Cowan Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and also
(continued)

20
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 485 (continued)
the Defendant by his attorney and in person who for a plea says he is guilty as charged in the Indictment, whereupon the Court doth assess a fine of one dollar on said Defendant for the Commission of the Offense. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her said fine of one dollar and also her costs of suit in this behalf laid out and expended and that she have an execution therefor and that said Defendant remain in custody of the Sheriff until said fine and costs are fully paid.

State of Missouri Plaintiff
vs                                                   #100 Indictment
S.H. Westlake Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who for a plea says he is guilty as charged in the Indictment, whereupon the Court doth assess a fine of twenty dollars on said Defendant for the Commission of the Offense. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her said fine of twenty dollars and also her costs of suit in this behalf laid out and expended and that she have an execution therefor and that said Defendant remain in custody of the Sheriff until said fine and costs are fully paid and John R. Cox, attorney for Defendant, obliges himself to pay said fine and costs.

p 485/486.
State of Missouri Plaintiff
vs                                                   #103 Indictment
S.H. Westlake Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and also the Defendant who for a plea says he is guilty as charged in the indictment where upon the Court doth assess a fine of twenty dollars upon said Defendant for Commission of the Offense. It is therefore considered by the Court that the State of Missouri have and recover of and from said Defendant her said fine of twenty dollars and also her costs of suit in this behalf laid out and expended and that she have an execution therefor and that said Defendant remain in custody of the Sheriff until said fine and costs are fully paid and John R. Cox, attorney for Defendant, obliges himself to pay said fine and costs.

p 486.
State of Missouri Plaintiff
vs                                                   #123 Indictment
William K. Smart Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant by his attorney and files his affidavit in this cause alleging in said affidavit that the mind of the inhabitants of Greene County are so prejudiced against him that he cannot obtain a fair trial in said County and asking for a Change of Venue in this cause to some other County in this Circuit, whereupon it is ordered by the Court that a Change of Venue be awarded in this Cause to the County of Laclede in the State of Missouri and it is further ordered that the Clerk of this Court certify this cause to the Clerk of the Circuit Court of Laclede County as the Law directs.

Ordered that Court adjourn until tomorrow morning 9 o'clock.
S.H. Boyd Circuit Judge

21
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 487.
5th day of January Term 1866
Court met. Present as on yesterday.

L.A. Robertson Plaintiff
vs                                                   #296 Civil Action
J.H. Crighten Defendant
Now at this day comes the Defendant and by leave of Court files his answer in this Cause.

J.W. Adcock Plaintiff
vs                                                   #267 Civil Action
J.H. Caynor et al Defendants
Now at this day the motion heretofore filed by this Defendant to dismiss this cause comingon to be heard and all and singular the premises therein being by the Court seen and fully understood, said motion is by the Court overruled and said Defendant has leave to answer in this cause by Monday the 8th of January 10 o'clock.

Bank of Missouri Plaintiff
vs                                                   Civil Action
Patrick R. Smith & Dewitt C. Smith Defendants
Now at this day comes the Plaintiff in this cause by her attorney, and on his application it is ordered by the Court that John A. Patterson Sheriff of Greene County, who has been appointed receiver in this cause collect all book and other papers attached by him in this cause, and act therein as the Law requires as such receiver.

State of Missouri Plaintiff
vs                                                   Recognizance
Albert S. Stanley Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and the Defendant, Albert S. Stanley, as principal and Peter Burns and Morris W. McClure as his Securities who acknowledge themselves to owe and stand indebted unto the State of Missouri in the sum of five hundred dollars to be levied of their goods and chattels, lands and tenements to be void on condition that the said Robert S. Stanley who is indicted in the Circuit Court of Greene County for Perjury shall make his personal appearance before the Judge of the Circuit Court of said County of Greene On the second Monday in July AD 1866 at the Court House in Springfield in said County and answer to said Indictment and not depart said Court without leave. Otherwise this recognizance to be and remain in full force and virtue in Law.

p 488.
State of Missouri Plaintiff
vs                                                   Felonious Assault
James Goskans Defendant
Now at this day comes the Grand Jury into Court and through their foreman make the following return in this cause viz "Not a True Bill" whereupon it is ordered by the Court that the said Defendant James Goskans be discharged hereof and go hence without day and that a Fee Bill issue against the State of Missouri for the cost of this cause.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Robert Yount Defendant
Now at this day comes the Grand Jury into Court and through t heir foreman make the following return in this cause viz "Not a True Bill" whereupon it is ordered by the
(continued)

22
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
P. 488 (cont)
Court that the said Defendant Robert Young be discharged hereof and go hence without day and that a Fee Bill issue against the State of Missouri for the cost of this cause.

State of Missouri Plaintiff
vs                                                   Recognizance
William K. Smart Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and Joseph G. Aumoth who acknowledges himself to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be levied of his goods and chattels lands and tenements, to be void on condition that the said J.G. Aumoth makes his personal appearance before the Judge of the Circuit Court of Laclede County in said State of Missouri at the Court House in the town of Lebanon in said County on the _____ Monday in _____ 1866 and testify on the part of the State of Missouri in the above cause and not depart said Court without leave.

Motions filed
#42. Joel Fagg & Co vs James L. French -- Defendant motion to dismiss
#332 Joseph T. Morton vs Thomas Doolen Ordered by Court this cause entered on Civil Docket.

p 489.
#322 Joseph T. Morton vs Thomas Doolen Defendant motion to dismiss appeal.

William Wooten Plaintiff
vs                                                   #232 Civil Action
M.M. McClure Defendant
Now at this day the motion heretofore filed to set aside the demurer in this cause, coming on to be heard and all and singular the premises being by the Court seen and fully understood said motion is sustained and the demurer set aside. And Plaintiff has leave to amend his petition in this cause until Monday morning.

State of Missouri Plaintiff
vs                                                   Perjury
Stephen Blackman Defendant
Now at this day comes the Circuit Attorney who prosecutes and Stephen Blackman as principal and Leonidas A. Robertson as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one thousand dollars to be levied of their goods and chattels, lands and tenements to be void on condition that the said Stephen Blackman who stands indicted by the Grand Jury of Greene County, Missouri, for Perjury be and make his personal appearance before the Judge of the Circuit Court of Greene County at the Court House in the City of Springfield, Greene County, Missouri, on the second Monday in July A.D. 1866 and answer said indictment and not depart said Court without leave.

p 489/490.
James S. Gaskins Plaintiff
vs                                                   #300 Replevin
Wiley Oneal Defendant
Now at this day comes the Defendant by his attorney and also the Plaintiff by his attorney and the motion heretofore filed by Defendant to rule the Plaintiff to secure the cost in this cause coming on to be heard and the Court being fully advised of and concerning the premises therein. Said motion is by the Court sustained and said Plaintiff ruled to secure the costs of this suit on or before the 10th day of July A.D. 1866.

23
GREFNE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 490.
Oliver H. Scott Plaintiff
vs                                                   Replevin
Martin J. Hubble Defendant
Now at this day comes the parties in this cause by their attorneys and on the application of the Defendant the interlocutory judgment rendered in this cause at the regular July Term 1865 of this Court is set aside and leave granted said Defendant to plead in this cause by tomorrow morning and it is ordered by the Court that this be the Trial Term of said cause.

Silas Ray Plaintiff
vs                                                   #250 Civil Action
William Wooten Defendant
Now at this day comes the parties in the above entitled cause by their attorneys and the motion heretofore filed by the Defendant to dismiss this cause coming on to be heard and the Court being fully advised of and concerning the same said motion is by the Court sustained and this cause dismissed at the cost of the Plaintiff. And it is considered and adjudged by the Court that the said Defendant have and recover of and from said Plaintiff his costs in this behalf laid out and expended and that executiOn issue therefor.

p 491.
State of Missouri Plaintiff
vs                                                   #88 Perjury
Z. Sims Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and on his affidavit this cause is continued until the July Term 1866 of this Court and subpoenas ordered to issue for State witnesses in this cause returnable to the July Term 1866 of this Court.

Now at this day it is ordered by the Court that the name of no Defendant in any Indictment found by the Grand Jury be entered of Record until said party is arrested or entered into a proper recognizance for his appearance before this Court to answer to said Indictment.

State of Missouri Plaintiff
vs                                                   #12 Indictment
Isaac Hoff Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant by his attorney and the motion for a new trial heretofore filed in this cause coming on to be heard and the Court having seen and fully understood the premises therein, said motion is by the Court sustained and a new trial granted in this cause to said Defendant.

State of Missouri Plaintiff
vs                                                   #38 Indictment
Isaac Hoff Defendant
Now at this day comes the Defendant by his attorney and by leave of Court files his motion to quash the Indictment in this cause.

State of Missouri Plaintiff
vs                                                   #38 Indictment
Isaac Hoff Defendant
Now at this day the motion heretofore filed to quash the Indictment in this cause coming on to be heard and the Court having seen and fully understood the same said motion is sustained by the Court and said Indictment quashed and a Fee Bill ordered to issue for costs in this cause.

24
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 492.
Peter Apperson Plaintiff
vs                                                   #3 Civil Action
W.B. Edwards Defendant
Now at this day it is ordered by the Court that this cause be stricken from the Docket for want of Prosecution and that the Defendant have and recover of and from the Plaintiff his costs in this behalf and that he have an execution therefor. It is ordered by the Court that on Monday the 8th of January James Thompson be examined as an applicant for admission to the Bar in Open Court at 10 o'clock a.m. of said day.

Henry Paulsell Plaintiff
vs                                                   #295 Civil Action
W.J. McDaniel et al Defendants
Now at this day comes the Defendants by their attorney and by leave of Court files herein their motion to arrest the Judgment in this cause.

State of Missouri Plaintiff
vs                                                   Recognizance
Fletcher Ray Defendant
Now at this day comes the Grand Jury into Court and through their foreman makes the following return in this cause, to wit: "Not a True Bill." Whereupon it is ordered by the Court that the said Defendant be discharged hereof and go hence without day and that he have and recover of and from William J. Dailey the prosecutor in this cause his costs in this behalf laid out and expended and that he have an execution therefor.

State of Missouri Plaintiff
vs                                                   Recognizance
Thomas Yeakley Defendant
Now at this day comes the Grand Jury into Court and through their foreman make the following return in this cause, viz: "Not a True Bill." Whereupon it is ordered by the Court that the said Defendant Thomas Yeakley be discharged hereof and go hence without day and that the prosecutor in this cause, Robert Young, pay the costs and that the said Thomas Yeakley have and recover of and from the said Robert Young his costs of suit in this behalf laid out and expended and that he have an execution therefor.

p 493.
Now at this day comes M.V. Leaton, James M. Jones and shows to the satisfaction of the Court that they have taken and Subscribed to the Oath prescribed by the second article and third section of the Constitution of the State of Missouri. It is thereupon ordered by the Court that they be permitted to sign the Roll of Attorneys at this Court.

Joseph Moss as surviving partner
of J.S. Moss and CoPlaintiff
vs                                                   #213 Civil Action
Thomas R. Bridges Defendant
Now at this day comes William S. Baxley as a garnishee in this cause by his attorney and by leave of Court files his answer to the interrogatories filed to him as a garnishee in this cause.

Nelson Burkhart Plaintiff
vs                                                   Civil Action For Damages
Samuel Miller, et al Defendants
Now at this day comes the parties by their attorney and by leave of the Court this cause is dismissed as to Henry Baker, John S. Redding, William Maxey & J. Maxey, Dfds

25
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 493.
John Burkhart Plaintiff
vs                                                   #5
Joseph Shelby, et al Defendants
Now at this day comes the Defendants by their attorney and by leave of Court this cause is dismissed as to Henry Baker of the Defendants in this cause.

p 493/494.
Eli T. Bray Plaintiff
vs                                                   #235 Civil Action
Charles McClure et al Defendants
Now at this day comes Charles McClure, one of the Defendants in this cause, by his attorney and by leave of Court files herein his separate answer to Plaintiff's petition in this cause.

p 494.
State of Missouri Plaintiff
vs                                                   Recognizance
James S. Gray et al Defendants
Now at this day comes the Grand Jury into Court and through their foreman make the following return in this cause, viz: "Not a True Bill." It is therefore ordered by the Court that said Defendant be discharged hereof and go hence without day and that a fee bill issue in this cause for the costs in this behalf.

M.M. McClure Plaintiff
vs                                                   Civil Action
J. Weaver et al Defendants
Now at this day the above entitled cause coming on to be heard it is ordered by the Court that said cause be stricken from the Civil Docket of this Court for the want of prosecution and that the Plaintiff have and recover of and from said Defendants his costs of suit in this behalf laid out and expended and that he have an execution therefor.

p 495.
Ordered by the Court that the time of pleading in all cases when by law the same are allowed to be filed on or before the sixth day of the term, be extended until Tuesday morning the 9th day of January 1866.

Now at this day comes John W. Danforth administrator of James R. Danforth, deceased, by his attorney D.C. Dade, and on his application it is ordered by the Court that the said John W. Danforth, as admin aforesaid, of the estate of James R. Danforth, deceased, be and he is hereby substituted as Plaintiff in the place of said James R. Danforth in a certain execution wherein James R. Danforth was Plaintiff and J.F. & G.M. Jones were Defendants.

Now at this day it is ordered by the Court that the fine assessed against John R. Cox for a Contempt of this Court be and the same is hereby released for good and sufficient cause shown to the Court.

State of Missouri Plaintiff
vs                                                   Recognizance
L.A.D. Crenshaw Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and William L. Ward and Nelson Burkhart who severally acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars each to be
(continued)

26
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 494 (cont)
levied of their goods and chattels, lands and tenements to be void on condition that they be and appear before the Judge of the Circuit Court of Greene County, Missouri, at the Court House in the City of Springfield in said County on the second Monday in July A,D. 1866 and then and there testify in the above entitled cause on behalf of the State of Missouri and not depart said Court without leave.

p 495/496/497
Granville Smith and James A.
McCullah executors of the
estate of John Smith, deceased Plaintiffs
vs                                                   Civil Action
Mercer Moody and Charles A. Haden Defendants
Now at this day comes on this cause to be heard and it appearing to the Court from the return of the Sheriff that Charles A, Haden has been personally served with process in this cause at least 20 days before commencent of this Term of the Court by said Sheriff reading the summons to said Haden and by delivering to him a certified copy of the original petition which service was made in the County of Greene and it further appearing to the Court that from the affidavit of the Plaintiff's attorney that Mercer Moody is not a resident of the State of Missouri and that the Judge of this Court at the last term ordered publication to be made in the Springfield Journal, a newspaper published weekly in Springfield, Missouri, notifying the Defendant Mercer Moody that an action had been commenced against him in the Greene Circuit Court by petition and attachment on a note dated 12th of April 1861 payable one day after date to John Smith for $350 and signed by Defendant and Charles A. Haden, that his property had been attached and that unless he be and appear at the next term of this Court to be held at the Court House in Springfield, Missouri, on the first Monday in January 1866, and on or before the 3rd day of said term if the same shall continue so long, (and if not then before the end of the term) and plead, answer or demur to Plaintiff's petition, the same would be taken as confessed and judgment rendered and his property sold to satisfy the same, and it appearing to the satisfaction of the Court from the affidavit of James W. Bowren, the publisher of the paper aforesaid that said publication had been made in said paper of dates September 25th and October 2nd and 9th and 16th and of November 19, 20, 21 and 22, the last insertion being at least four weeks before the commencement of the present term of this Court, It further appearing to the satisfaction of the Court that neither one of the Defendants has answered and both Defendants being called come not, but made default. It is therefore adjudged by the Court that the Plaintiffs have judgment by default, for want of an answer, and it further appearing to the Court that this action is based on a note signed by Defendants for the direct payment of money. The Court doth find that the Defendants stand and justly owe Plaintiffs $350 debt and $170.62 interest. It is therefore considered by the Court that Plaintiffs have judgment against Defendants for $350 debt and $170.62 damages and for their costs of suit in the behalf laid out and expended and that Plaintiffs have a general execution against Charles A. Haden. It is further adjudged by the Court that the $700 admitted by the answer of J.F. Brown, a garnishee in this cause, be in his hands belonging to the Defendant Mercer Moody be set apart by said Brown, garnishee in this cause and paid to Plaintiffs or so much thereof as shall be sufficient to pay this judgment and costs. It is further adjudged that the amount paid by said Brown and required by said judgment be taken as a payment to Defendant Moody and that said Brown be released from all claims of the said Moody, for the amount so paid.

27
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 497.
Granville Smith & James A,
McCullah, executors of estate
of John Smith, deceased Plaintiffs
vs                                                   Civil Action
Charles A, Haden & Mercer Moody Defendants
Now at this day this cause coming on to be heard and Judgment having been rendered against the Defendants for $350 debt and the further sum of $170.62 damages and costs of suit and it further appearing to this Court that J.F, Brown has been garnisheed in this cause and that said Brown in his answer states that he has $700 in his hands belonging to Defendant Mercer Moody, It is therefore adjudged by the Court that Plaintiff have a Judgment, J.F. Brown, garnishee for the sum of $527 and the costs of this suit and that execution issue therefor. It is further adjudged by the Court that said garnishee have and be allowed out any money in his hands belonging to the Defendant Nercer Moody, the sum of $10 for his costs and trouble of answering the interrogatives of the Plaintiffs,

p 497/498.
Burr H. Emerson Plaintiff
vs                                                   #151 Civil Action
Carrick W. Akin Defendant
Now at this day this cause coming on to be heard and the Plaintiff appearing by his attorney and the said Defendant being called, comes not, and the Court setting as a Jury finds from an examination of the same and from the affidavit of James W. Bowren and J.W.D.L.F, Mack, publishers of the Springfield Journal, a weekly newspaper published in Greene County, Missouri that the Defendant had been duly notified of the commencement of this suit by publication in said paper of dates of the 16th, 23,30 of May and the 6th and 12 of June 1864, the last insertion thereof being at least four weeks before the commencement of the present term of this Court. And it further appearing to the Satisfaction of the Court that on the 26th day of October 1863 a Writ of Attachment was issued in this cause against the Defendant C.W. Akin by the Clerk of the Circuit Court of Polk County in the State of Missouri which said Writ of Attachment was by the Sheriff of Polk County in said State of Missouri on the 26th day of October 1863 levied upon the following real estate of the Defendant situated in the town of Bolivar in said County of Polk, viz: S 1/2 Lot No 5 in Block No. 14 and also Lots No 4 & 5 as laid down in the plat of the town of Bolivar, Polk County, Missouri, also 2 framed buildings upon the S 1/2 Lot No 5 in the town of Bolivar and the Court doth further find from an examination of the premises that said Defendant is indebted to the Plaintiff in the sum of $256 debt for services rendered as an attorney for said Defendant and also for his costs of suit in this behalf laid out and expended. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from said Defendant his said debt of $256 and also his said costs of suit in this behalf laid out and expended and that a special execution issue to the Sheriff of Polk County, Missouri, to sell the property attached in this suit to satisfy said debt, damage and costs and if the same be not sufficient to satisfy the same that a general execution issue against the said Defendant in this cause.

p 498/499.
Henry Paulsell Plaintiff
vs                                                   #295 Civil Action
T.W. Coltrain et al Defendant
Now at this day comes the Plaintiff by his attorney and this cause coming on to be heard, the Court doth find from an examination of the same that the Defendants, Thomas W, Coltrain, A,C.C, McElhannon and William J. McDaniel are indebted to the Plaintiff in the sum of $439.24 for debt and in the sum of $131.76 for damages and the Court doth further
(continued)

28
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 498/499 (continued)
find from an examination of the same that said Defendants have been duly notified as the Law directs of the commencement of this suit as appears from the Sheriff's return to the Writ of Summons and a copy to Defendant Coltrain of the Original petition in this cause on the 23rd of September, 2 and 6 of October A.D. 1865 and it further appearing to the satisfaction of the Court that this claim is founded on an instrument of writing duly signed by the Defendants, whereby they promise to pay to the Plaintiff Henry Paulsell $139.24 with interest thereon at the rate of 10% per annum. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from said Defendants his said debt of $439 and his damage amounting to $131.76 and his costs of suit in this behalf laid out and expended and that he have an execution for the same.

p 499.
Martha Skelton, admin of the
estate of Elizabeth Rucker, Deceased Plaintiff
vs                                                   Civil Action
Magruder, Tannehill Defendants
Now at this day comes the Plaintiff by her attorney and this cause coming on for a final hearing and it appearing to the satisfaction of the Court that at the July Term 1865 of this Court an interlocutory judgment by default was rendered in this cause and a final hearing of the same ordered to be had at the present term of this Court, and the said Defendant wholly failing to appear and show cause why the judgment by default should not be made final at this cause. The Court does find from an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $110 debt and also the sun of $61.37 for damages and for her cost of suit in this behalf laid out and expended. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the said Defendant her said debt, damages and costs and that she have an execution against Defendant therefor.

p 499/500.
State of Missouri Plaintiff
vs                                                   Indictment
John A. Page Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and also the Defendant by his attorney and this cause coming on for a final hearing upon the petition of the Defendant heretofore filed in this cause asking to be discharged from the custody of the Sheriff of Greene County under the provisions of an Act of the General Assembly of the State of Missouri approved March 23rd 1863 and all and singular the premises in said petition of the Defendant being by the Court seen and fully understood, said petition of the Defendant is by the Court sustained and the Defendant in this cause ordered to be discharged from further custody of Sheriff in consequence of the judgment heretofore rendered in this cause against him and it is further ordered by the Court that a fee bill issue in this cause against the State for the costs of this suit.

p 500.
John S. Phelps, receiver of
S.B. Dickerson Plaintiff
vs                                                   #228 Civil Action
Albert Cargile Defendant
Now at this day comes the Plaintiff by his attorney and this cause coming on to be heard the Court doth find from an examination of the same and from the Sheriff's return on the Writ of Summons in this cause that the said Defendant has been duly notified of the
(continued)

29
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 500. (continued)
commencement of this suit at least 15 days before the commencement of the present term of this Court by the Sheriff delivering to him a true copy of the Writ and a Certified Copy of the original Petition in this cause on the 14th December 1865. And the Court further finds that the claim of the Plaintiff is founded on an instrument of writing signed by the Defendant for the direct payment of money to the S.B. Dickerson one day after the date thereof and dated November 13th 1861 signed by said Defendant for the sum of $117.64 with interest from date at the rate of 10% per annum and if said interest be not paid annually to become as principal and bear the same rate of interest as principal until paid. It is therefore considered and adjudged by the Court that said Plaintiff have and recover of and from the said Defendant his said debt of $117.64 and also his interest on said note amounting to $67.03 and his costs of suit in this behalf laid out and expended and that he have an execution hereof.

p 500/501.
Joseph S, Moss as surviving partner
of the firm of J.S, Moss & Co Plaintiff
vs                                                   #260 Civil Action
Albert Cargile Defendant
Now at this day comes the Plaintiff by his attorney and this cause coming on to be heard and it appearing to the satisfaction of the Court from an examination of the Sheriff's return to the Writ of Summons in this cause that the Defendant had been duly notified of the commencement of this suit by leaving with him a true copy of the Writ and a certified copy of the original petition in this cause at least 15 days before the commencement of the present term of this Court and the Court doth further find that the claim of the said Plaintiff is founded on an instrument of writing signed by the Defendant dated April 23rd 1863 due one day after the date thereof for the sum of $63.08 debt with interest thereon at the rate of 10% per annum until paid, said interest to become as principal and bear the same rate of interest as the principal if not punctually paid when due, and the Court doth further find that said Defendant, on the 9th day of June A.D. 1864 paid on said note the sum of $20 which is entered as a credit on the back of said note with the date thereof. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the said Defendant his said debt amounting to the sum of $50.16 as his debt after deducting the above credit therefrom and also the sum of $8.15 for his damage, and his costs of suit in this behalf laid out and expended and that he have an execution therefor.

p 501/502.
Joseph S, Moss as surviving partner
of J.S. Moss & Co Plaintiff
vs                                                   #213 Civil Action
Thomas R. Bridges &
W.S. Baxley, garnishee Defendants
Now at this day comes the Plaintiff by his attorney and this cause coming on to be heard on the answer of William S. Baxley, garnishee, the Court doth find from an examination of the same that the said William S. Baxley as garnishee aforesaid is indebted to the said Defendant Thomas R. Bridges in the sum of $95.85 which he admits in his answer as garnishee in this cause. It is therefore considered and adjudged by the Court that the said garnishee William S. Baxley be allowed the sum of $10 for his answer in this cause to be deducted out of the amount acknowledged by him to be owing by him to said Defendant and that the Plaintiff have and recover of and from the said garnishee, William S, Baxley, his said debt and damages after deducting therefrom the amont allowed to the said garnisbee for his trouble and answering in this cause and that he have an execution for the same.

30

January Term Continued
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