Abstract of Circuit Court Record Books January - July 1866

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

January Term 1866
Book G

p 529/530 (cont)
the undivided half of S 1/2, or South part of Lot No 45 in Block 13 fronting on South Street, Springfield, Greene County, Missouri, and that he executed the same for the purposes therein mentioned which is ordered to be entered on the proceedings of this day, which land was sold in the execution issued in the above entitled cause.

p 530.
John D. Burkhart Plaintiff
vs                                                   Civil Action for Damages
Joseph Shelby, William Robertson,
William P. McGinnis, William Robertson,
John T. Coffee Defendants
Now at this day comes the said Plaintiff John D. Burkhart and the Defendants Joseph Shelby, W.F. Crouch, W.P. McGinnis, William Robertson and John T. Coffee, although called, comes not but makes default and the necessity of a Jury being waived by the Plaintiff the cause comes on to be heard before the Court setting as a Jury who having heard the testimony doth find for the Plaintiff in the sum of five thousand dollars damages. It is therefore decreed, ordered and adjudged by the Court that the said Plaintiff have and recover of and from the Defendants the sum of five thousand dollars to be levied of their goods and chattels, lands and tenenents, together with his costs in this behalf expended and that he have execution therefor.

Nelson Burkhart Plaintiff
vs                                                   Civil Action
Samuel Miller et al Defendants
Now at this day comes the Plaintiff by his attorney and by leave of Court dismisses this cause as to Plummer and Ransom Johnson,

p 531.
Nelson Burkhart Plaintiff
vs                                                   Damages. Final Judgment
Samuel Miller, Samuel Welch, Thomas Livingston, Jackman Stand, Mattie Cooper, Lafayette Price, Willie Sparlin, Isaac Jones, Bolin Smith, Allen Russell, George Snider, Joseph Shelby, Sterling Price, William P. McGinnis, William O. Snider, C.B. Churchill, Andres Sparlin, Samuel Walker, James P. Lamanie, Col. Crouch, Thomas Monroe, William Monroe, Simpson Monroe, William Robertson, James McElhaney, 0.S. Winters, Henderson Jennings, William Burns, Rector Johnson, John T. Coffee, John Sherer, Jackson Sparling, Berry Lane, James Mills, George Dickerson, Jonathan S. Smith, George M. Burns, Brice Mayfield, Crack Mayfield, Henry Bolin, James Blythe, Clark Wallace, Capt. Raider, William R. Vestal, Richard Fields, James Fields, James E. Alexander, Eli Jones, William Ogden, J.H. Bryson, Henry Liles, John Newport, Jordan Black, J. Phillips (alias Jack Phillips), Richard Price, John Gibson, James Tate, John Bullard, Doctor Duvall of Newtonia, Joseph Thompson Defendants
Now at this day comes the said Plaintiff Nelson Burkhart and the above named Defendants although called, come not, but make default, and the necessity of a Jury being waived by the Plaintiff and this cause coming on to be heard before the Judge setting as a Jury, who having heard the testimony doth find for the Plaintiff in the sun of seventy five thousand dollars for damages. It is therefore decreed, ordered and adjudged by the Court that the said Plaintiff have and recover of and from the said Defendants the said sum of seventy five thousand dollars for his damages to be levied of the goods and chattels, lands and tenements of the above named Defendants together with his costs of suit in this behalf expended and that he have an execution for the same.

46
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 531.
It is ordered by the Court that the Clerk of the Circuit Court of Greene County, Mo., be furnished with a suitable and sufficient room as an office for the safekeeping of all books, papers and records belonging to the Office of said Clerk as well as for the more convenient dispatch of business connected with said Office. The Office now occupied by said Clerk being entirely two small for the convenience as well as dispatch of Business. It is ordered that the Clerk of this Court certify this order to the Judges of Greene County Court at the next Term of said Court or as soon thereafter as may be convenient to do the same.

p 532.
Ordered by the Court that the Office of the Clerk of the Circuit Court of Greene County, Missouri, be open to the use of the Officers of the Circuit Court at all convenient times, night and day, during the Session of this Court.

James W. Adcock Plaintiff
vs                                                   Civil Action
John W. Caynor et al Defendants
Now at this day this cause coming on to be heard on the motion of the Plaintiff heretofore filed in this cause to strike out the answer of the Defendant, said motion is by the Court sustained and the answer of the Defendant stricken out and said Defendant has further leave to answer in this cause until tomorrow morning ten o'clock.

Grey
vs
Hopson
Now at this day this cause being called by the Court and the Plaintiff being called comes not but makes default. Whereupon it is ordered by the Court that the same be stricken from off the Docket for want of prosecution and that the Defendant have and recover of and from said Plaintiffs his costs of suit expended and that he have an execution for the same.

State of Missouri Plaintiff
vs                                                   Perjury Nolle
W.B. Staley Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri, and by leave of the Court says he will not further prosecute this cause. It is thereupon ordered by the Court that the State of Missouri take nothing by her said suit and that the said Defendant be discharged hereof and go hence without day and have and recover of and from the Plaintiff his costs of suithereof and that a fee bill issue for the same.

p 532/533.
State of Missouri Plaintiff
vs                                                   Perjury Recognizance
W.B. Staley Defendant
Now at this day comes the Circuit Attorney who prosecutes and W.B. Staley as principal and L.T. Watson as his security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $800 to be levied of their goods and chattels, lands and tenements, to be void on condition that the said W.B. Staley who stands indicted by the Grand Jury of said County for perjury be and make his personal appearance before the Judge of the Circuit Court of Greene County, Missouri on the second Monday in July A.D. 1866 at the Court House in Springfield in said County and State aforesaid and answer to said Indictment and not depart said Court without leave.

47
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 533.
State of Missouri Plaintiff
vs                                                   Recognizance
T.J. Orr Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and T.J. Orr as principal and J.L. French as his security who acknowledge themselves to owe and stand indebted to the State of Missouri in the Sum of $500 to be levied of their goods and chattels, lands and tenements to be void on condition that the said T.J. Orr who stands Indicted by the Grand Jury of Greene County, Missouri, be and makes his appearance 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 A.D. 1866 and answer to said Bill of Indictment and not depart said Court without leave.

p 534.
McClurg Murphy and Company Plaintiff
vs                                                   Civil Action alias writ
William Perry Defendant
Now at this day comes the Plaintiffs by their attorney and on application of the Plaintiff an alias writ of summons is ordered to issue to Defendant William Perry directed to the Sheriff of Phelps County returnable to the July Term 1866 of this Court until which term this cause is by the Court continued.

William J. McDaniel Plaintiff
vs                                                   Garnishee
Samuel S. Vinton Defendant
Now at this day comes McElhaney, Jaggard and McDaniel who were summoned as garnishees in the above entitled cause and by leave of Court files their answer in this cause.

William J. McDaniel Plaintiff
vs                                                   Final Judgment
McElhaney, Jaggard, J.M. McDaniel,
a firm composed of Robert J. McDaniel,
Clement Jaggard & W.J. McDaniel Defendants
Now at this day it appearing to the Court that the Plaintiff William J. McDaniel had recovered a judgment against Samuel S. Vinton and had an execution issued thereon that the amount due on said execution is $251.30 debt, interest and costs and the said Defendants McElhaney, Jaggard and McDaniel having been garnisheed and by their answer filed having admitted that they had in their hands $380.05 belonging to Samuel S. Vinton, it is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from said garnishees the amount of his debt and costs against said Samuel S. Vinton being the sum of $251,30 and that they have an execution therefor and that the said garnishees have the sum of $10 allowed them out of the said funds of the said Vinton for answering said garnishee.

p 534/535.
State of Missouri Plaintiff
vs                                                   Recognizance for State
William Harlow Defendant
Now at this day comes the Circuit Attorney who prosecutes on the part of the State of Missouri and Kenneth McKinley, Josephine Dillard and J.L. Robertson, who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $50 each to be levied of their goods and chattels, lands and tenements to be void on condition that they be and make their personal appearance before the Judge of the Greene Circuit Court
(continued)

48
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 534/535 (cont)
at the Court House in Springfield, Greene County, Missouri, on the second Monday in July A.D. 1866 and testify in the above cause on behalf of the State and not depart said Court without leave otherwise this recognizance to be and remain in full force and virtue of law.

p 535.
State of Missouri Plaintiff
vs                                                   Recognizance of Defendant's Witnesses
William Harlow Defendant
Now at this day comes T.J. Whitlock and Thomas Harlow who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $90 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 Circuit Court of Greene County, Missouri, at the Court House in Springfield in said County on the second Monday in July 1866 and testify in the above cause on the part of the Defendant and not depart said Court without leave.

Bank of Missouri Plaintiff
vs                                                   Leave to Draw Note Dismissed
J.W. Lindel Defendant
Now at this day comes the Plaintiff by her attorney and this cause is dismissed at the costs of Plaintiff and leave given said Plaintiff to withdraw the instrument sued on by leaving a certified copy thereof with the Clerk of the GreeneCircuit Court and it is further considered by the Court that the Defendant have and recover of and from the Plaintiff his costs of suit laid out and expended and that he have an execution for the same.

State of Missouri Plaintiff
vs
William Harlow Defendant
Now at this day this cause is continued by consent of parties until the regular July Term 1866.

p 536.
Jefferson Brown Plaintiff
vs                                                   Civil Action. Continuance Set Aside
Thomas Freeman Defendant
Now at this day comes on to be heard the motion to set aside the order of continuance in this cause and all and singular the premises being by the Court seen and fully understood said continuance is by the Court set aside and this cause ordered to stand for trial in this Court.

J.M. Kelley Plaintiff
vs                                                   Dismissed at Cost of Plaintiff
H. Cawfield Defendant
Now at this day this cause being called and the Plaintiff being called comes not. It is therefore ordered by the Court that this cause be stricken from the Docket for the want of prosecution and that the Defendant have and recover of and from the Plaintiff his costs of suit in this behalf laid out and expended and that he have an execution for the same.

William Steel Plaintiff
vs                                                   Alias Writ of Summons.
J.D. Sharp Defendant
Now at this day comes the Plaintiff in this cause by his attorney and his application.
(continued)

49
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866.
p 536 (continued)
It is ordered by the Court that an alias writ of summons issue in this cause to Defendant directed to Sheriff of Greene County, returnable to the July Term of this Court 1866.

Nathan Robinson Plaintiff
vs                                                   Dismissed at Cost of Plaintiff
J.F. Lewis Defendant
Now at this day comes this cause being called by the Court and said Plaintiff being called comes not but makes default. Whereupon it is ordered and adjudged by the Court that this cause be stricken from the Docket at costs of Plaintiff and that said Defendant have and recover of and from said Plaintiff his costs in this behalf laid out and expended and have execution for the same.

p 537/538.
Joseph S. Moss, as surviving partner
of the late firm of J.S. Moss & Co. Plaintiff
vs                                                   Civil Action
S. Brady Dickerson & Margaret
Dickerson, his wife; Henry
Sheppard & John S. Kimbrough Defendants
Now at this day comes the Plaintiff by his attorney and the said Defendant having failed to answer the Petition of the Plaintiff, it is considered that the Interlocutory Judgment rendered by this cause be final and the suit brought to foreclose the Equity of Redemption to certain premises situated in this City and described as follows beginning at Lewis Stephens SE corner, thence South with Charles Sheppard's East boundary line 12 poles 15 links to a stake, thence Easterly 12 poles 15 links, thence North to James Arnold's line, thence West 12 poles 15 links to the beginning, being a part of Section 24 Township 29 Range 22, containing one acre, more or less, and this cause being submitted to the Court and the Court doth find that on the 20th day of June 1861 the said S. Brady Dickerson and Margaret Dickerson, his wife, did execute to the said Joseph S. Moss and Daniel D. Berry a mortgage deed to said tract of land, the said Moss and the said Berry, then composing the firm of J.S. Moss & Co (((that the said Berry has since that time departed this life))) to secure the payment to the said Moss and Berry of a certain promissory note, executed to the said late firm of J.S. Moss & Co dated 20th June 1861 payable 12 months after its date to the order of the said firm of J.S. Moss & CO for $1172.47 with interest from date at the rate of 10% per annum and if the interest be not paid annually to become as principal and be on the same rate of interest, and the Court finds that the said S.B. Dickerson is indebted by reason of said note to Plaintiff in the sum of $1716.61 and has sustained damages by reason of the detention of said money in the sum of $98.36, and the Court doth further find from that from the execution of the aforesaid mortgage the said S.B. Dickerson made and executed his deed of trust for the aforesaid tract of land to the said Henry Sheppard and John S. Kimbrough and that the said Sheppard and Kimbrough have since the commencement of this suit in persuance of the terms of said deed of trust sold said tract of land and that after the defraying the expenses of said sale of the payment of the debt secured by said deed of truSt there was left in the hands of the said Sheppard and Kimbrough proceeds of said sale the sum of $410.30 and which sum it appears has by the said Sheppard and Kimbrough been paid to Plaintiff on 16 September 1865. It is therefore considered and adjudged by the Court that the said sum of $410.30 be applied in payment of the amount due on the note of the said Dickerson executed to the late firm of J.S. Moss and Co after deducting therefrom the costs and charges in this suit incurred which are taxed at $24,65 leaving a balance of $389.65 to be credited on said note and which will be so applied.

50
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 538.
Ordered by the Court adjourn until 9 o'clock tomorrow morning. S.H. Boyd Circuit Judge

p 539. Thursday January 11th 1866.
Court met persuant to adjournment. Present as on yesterday.

George W. Vanlear Plaintiff
vs                                                   Dismissed at Plaintiffs Costs
H. Jones admrs Defendant
Now at this day this cause being by the Court called the Plaintiff being called comes not but makes default, whereupon it is ordered by the Court that this cause be stricken from the Docket at the costs of the Plaintiff and that said Defendant have and recover of and from the Plaintiff his costs of suit laid out and expended and that he have an execution for the same and that the Plaintiff have leave to withdraw the original instrument sued on in this cause by leaving a certified copy of the same with the Clerk of the Greene Circuit Court.

Rose
vs                                                   Order of Publication
Murray
Now at this day comes the Plaintiff in the above entitled cause before the Judge of the Circuit Court of Greene County, Missouri, and files his petition and affidavit it stating among other things that the above named Defendant is not a resident of this State. It is therefore(((((Item and page end here. Next page doesn't pick it up and is by different person with different ink and penmanship)))))

p 540.
Asa Lyman Plaintiff
vs
John C. Thompson, William Hancock
& Wallace Blackburn Defendants
Now at this day comes the said Plaintiff, Asa Lyman and the said Defendants, John C. Thompson, William Hancock and Wallace Blackburn, although called come not but make default and the necessity of a Jury being waived by the Plaintiff the cause comes on to be heard before the Judge sitting as a Jury, who having heard and fully understood the testimony doth find for the Plaintiff in the sum of $1500 damages. It is therefore decreed, ordered and adjudged by the Court that the said Plaintiff have and recover of and from the said Defendants the said sum of $1500, to be levied of their goods and chattels, lands and tenements together with his costs in this behalf expended and that execution issue therefor.

p 540/541.
Jefferson Brown Plaintiff
vs
Thomas Freeman, Henry Pace, Joseph B. Love,
Horatio McFarland, John Campbell, Francis
McCray, Boyd Fox, James Jones, James Rowes,
James Chambers, William Campbell, James Jack Defendants
Now at this day comes the Plaintiff, Jefferson Brown, and the said Defendants, Thomas Freeman, Henry Pace, Joseph B. Love, Horatio McFarland, John Campbell, Francis McCray, Boyd Fox, James Jones, James Rowes, James Chambers, William Campbell and James Jack, being called, comes not, but make default and the necessity for a Jury being waived by the Plaintiff, the cause came on to be heard before the Judge sitting as a Jury, who having
(continued)

51
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 540/541 (cont.)
heard and fully understood the testimony doth find for the Plaintiff in the sum of ten thousand dollars damages. It is therefore decreed, ordered and adjudged by the Court that the said Plaintiff have and recover of and from the said Defendants the said sum of ten thousand dollars to be levied of their goods and chattels, lands and tenements together with his costs in this behalf expended and that execution issue therefor.

p 541.
Bank of the State of Missouri Plaintiff
vs                                                   Order of Publication
J.W. Campbell, A.J. Carter,
Jessie Lewis & W.G. Townsend Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court upon the return of the summons by the Sheriff in this case that the Defendants, J.W. Campbell, A.J. Carter, Jessie Lewis and W.G. Townsend, cannot be found in this action and being further satisfied that process cannot be served it is ordered by the Court that publication be made in the "Missouri Weekly Patriot" notifying said Defendants that an action has been commenced against them in the Circuit Court for Greene County in the State of Missouri founded on an instrument for the direct payment of money for the sum of $200 and unless they be and appear at the next term of this Court to be holden on the 2nd Monday in July A.D. 1866 on or before the sixth day of said Term if the Term shall so long continue (and if not then before the end of said term) judgment will be rendered against them. It is further ordered that a copy hereof be published in the "Missouri Weekly Patriot," a newspaper published in the County of Greene for four weeks successively the last insertion to be at least four weeks before the commencement of the next Term of this Court.

p 541/542/543.
James J. Hankins Plaintiff
vs
Sarah R. Hankins, William Taylor Hankins,
Ann L. Hankins & Susan M. Hankins Defendants
Now at this day comes the Plaintiff by attorney and also comes the Defendants, William T. Hankins, Ann L. Hankins and Susan M. Hankins by their guardian ad litem and by consent and agreement of the parties of the above cause is submitted to the Court, sitting as a Jury, and the Court after hearing the evidence offered by the respective parties doth find that one Abraham Hankins departed this life on or about the ___ day of 186__being seized and possessed at the time of his death of an estate of inheritance in and to the following real estate Situate in Greene County, Missouri viz the East half of SE 1/4 of SE 1/4 of Section 9 and SW 1/4 of SW 1/4 of Section 10 and NE 1/4 of NW 1/4 of Section 15 all in Township 29 Range 20. Also, beginning at a stone planted 22 poles East of the SW corner of the NW 1/4 of SE 1/4 of Section 9 Township 29 Range 20 thence running North 31 poles l2 1/2 links to a stone thence East 58 poles to a Stone planted thence South 31 poles l2 1/2 links to a stake thence 58 poles to a place of beginning also, NW 1/4 of NE 1/4 and NW 1/4 of NE 1/4 in Section 16 Township 29 Range 20 also E 1/2 Lot No 7 of NWfcl 1/4 Section 4 Township 29 Range 20 and NW 1/4 of NE 1/4 Section 34 Township 30 Range 20, also, land described as beginning at a stake on South boundary of Lot No 6 NWfcl 1/4 Section 4 Township 29 Range 20 West 75 poles East of the SW corner of said Lot thence running East 85 poles to SE corner of said Lot thence running North 80 poles to NE corner of said Lot thence running West 100 poles to a stake on Northern boundary of said Lot thence South 9 degrees 20' East to beginning also Lot No 6 NEfc1 1/4 Section 4 Township 24 Range 20 also the preemption right in the following described tract of land granted to the Pacific Railroad Company viz Lot No 7 of Nefcl 1/4 of Section 4 Township 29 Range 20. The Court
(continued)

52
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 541/542/543 (cont)
doth further find that by the last will and testament of the said A. Hankins, deceased the real estate aforesaid was divised to the said Sarah Hankins, widow of the deceased, during her lifetime or widowhood and after the death of said widow then to be equally divided between Plaintiff, J.S. Hankins and the Defendants, William T. Hankins, Ann L. Hankins and Susan M. Hankins, and the Court further finds that the said Sarah Hankins released and quitclaimed to the Plaintiff the one undivided onefourth of the real estate aforesaid. So that the Plaintiff Hankins is entitled to the onefourth part of said real estate and that the said Defendant Sarah Hankins is entitled to the undivided threefourths of the said real estate, to be divided between William T. Hankins, Ann L. Hankins and Susan W. Hankins. It is therefore adjudged and considered by the Court that partition of the said real estate be made between the Plaintiff and Defendants and that the said James J. Hankins, Plaintiff, have and recover the onefourth of said real estate and that the same be set apart and ad_______ to the said Plaintiff. It is further considered and adjudged by the Court that the threefourths part of said real estate be set apart to Defendants, Sarah R. Hankins and that the said Sarah R. Hankins hold and enjoy the same during her natural life and then that such threefourths interest be equally divided between the Defendants William Hankins, Susan M. Hankins and Ann L. Hankins and that the said land be divided in to four equal parts so that the value of each part will be as nearly equal as may be and that each of the Defendants, William T. Hankins, Susan M. Hankins and Ann L. Hankins have each a fourth part of said real estate subject to the life estate of the said Defendant, Sarah R. Hankins. It is further ordered by the Court that Henry L. Trantham, John L. McCraw and George A. Dillard be and they are hereby appointed commissioned to partition the said real estate in accordance with the Judgment of this Court.

p 543.
Elizabeth Campbell admin of
Leonidas C. Campbell, decd. Plaintiff
vs
Tyree G. Newbill, John Lair, Richard
B. Owens, William B. Logan Defendants
Now at this day comes the Plaintiff by her attorney and by leave of the Court files an amended petition in this cause and prays a summons against Elisha Headlee as Public admin of Greene County and in charge of the estate of Elizabeth Lancy, deceased. Nancy Newbill, John S. Newbill, Samuel Newbill, Kiziah Newbill, Henry Newbill, Giles Newbill, Acton Newbill and Virgil Newbill, children of said Tyree Newbill, and it is ordered that a summons issue against them to make them parties of this suit.

Elizabeth Campbell as admin of
Leonidas C. Campbell, decd. Plaintiff
vs
Tyree C. Newbill, John Lair, Richard
B. Owen, William B. Logan Defendants
Now at this day comes the Plaintiff by her attorney and by leave of the Court files an amended petition in this cause and prays a summons against Elisha Headlee as Public Administrator of Greene County and in charge of the estate of Elizabeth Lancy, deceased, Nancy Newbill, widow of Tyree C. Newbill, Josephine Newbill, John S. Newbill, Samuel Newbill, Kiziah Newbill, Henry Newbill, Giles Newbill, Acton Newbill and Virgil Newbill, children of the said Tyree Newbill and it is ordered that a summons issue against them to make them parties to this suit.

53
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 544.
Joseph S. Moss, as surviving partner of
the late firm of J.S. Moss & Co, which
was composed of the said Moss & Daniel D.
Berry, deceased, Plaintiff
vs                                                   Final Judgment
S. Brady Dickerson Defendant
Now at this day comes the said Dickerson by his attorney and it appearing to the satisfaction of the Court that the Defendant had been duly notified of the commencement of this suit by publication in the "Missouri Weekly Patriot" a weekly newspaper published in said County for at least four weeks the last insertion thereof being at least four weeks before the present term of this Court as appears by the affidavit of A.F. Ingraham publisher of dates May 4th, 11th and 18th A.D. 1865 and he having failed to plead, answer or demur to Plaintiff's petition and this cause being submitted to the Court, the Court, sitting as a Jury doth find from an examination of the cause that the said cause of action is founded on an instrument of writing signed by the Defendant for the direct payment of money dated June 20, 1861, due 12 months after that date thereof with interest at the rate of 10% per annum and if the interest be not paid annually to become as principal and bear the same rate of interest. And the Court doth find that the Defendant is indebted to the Plaintiff in the sum of $1465 debt and that he has sustained damages in the sum of $45.09 for the detention thereof. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant the said sum of $1465 debt and $45.09 damages to be levied of the rights, credits, property and effects attached in the hands of Margaret White, garnishee in this cause and which effects are in the hands of Daniel Spencer who was by the Court appointed receiver in this case. And it is further considered by the Court that there be allowed the said Margaret White the sum of $25 for her Services and expenses in attending this Court to be paid her by the said receiver out of the effects of the said Defendant in his hands.

p 545/546.
Robert J. McElhaney Plaintiff
vs
W.A. Gibson, garnishee of
John Lair Defendant
Now at this day comes the Plaintiff and files his motion to amend the Judgment rendered in this case at the November Adjourned Term of this Courtheld in continuation of the last July Term of this Court and all and singular the premises being seen, heard and fully understood by the Court, it is considered said Judgment be amended as follows and entered nunc pro func, viz

Robert J. McElhaney Plaintiff
vs
W.A. Gibson, garnishee of
John Lair Defendant
Now at this day comes the said McFlhaney and the said Gibson by their respective attorneys and neither party requiring a Jury this cause is submitted to the Court and the Court doth find that at the time of the service of the said garnishment upon the said Gibson in the suit of the Plaintiff against John Lair, the said Gibson was indebted to the said Lair by note as described in his said answer for the sum of $350 with interest and the Court further finds that in a suit lately pending in this Court wherein the said Gibson was Plaintiff and John Lair and Colley B. Holland were Defendants this Court did make an order that the sum of money in said notes specified be paid into the hands of the Clerk of this Court who then was Martin J. Hubble, subject to further order of this Court and subject to the payment of the costs in said suit and that then is in the hands of the said Hubble the sum of $445.25 subject to the order of this Court. And the Court doth
(continued)

54
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G.
JANUARY TERM 1866
p 545/546 (cont)
allow to the said Gibson the sum of $25 for his answer and attending Court in this case which leaves a balance of $418.25 to be applied toward the satisfaction of this judgment of the said McElhaney against the said Lair, this sum being the credits of the said John Lair attached in the hands of the said Gibson and that the costs and expenses of this garnishment be paid out of said money and therefore the said Hubble pays into the hands of the Attorney for the Plaintiff here in Court the said sum of $143.25.

p 546.
Joseph S. Moss, surviving partner of
the late firm of J.S. Moss & Co. Plaintiff
vs
Thomas R. Bridges Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Clerk of this Court, in vacation, ordered that the Defendant be notified of the pendency of this suit stating the nature and amount of the Plaintiff's demand and notifying the Defendant that his property was about to be attached and that unless he appear at the next term and plead on or before the third day thereof if (the term shall so long continue) and if not then before the end of the term Judgment will be rendered against him and his property sold to satisfy the same and which notification was ordered to be published in the "Missouri Weekly Patriot", a newspaper published in this County and it appearing that said notification was published for four weeks consecularly, the last insertion at least four weeks before the commencement of this Term in the said "Missouri Weekly Patriot" and the Defendant having failed to appear and answer said suit, it is considered that the interlocutory judgment be rendered against him and the said suit being founded on an instrument of writing executed by the Defendant for the direct payment of money, the Plaintiff not requiring a Jury, the Court doth find the Defendant is indebted to the Plaintiff in the sum of $95.85. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant the said sum of $95.85 and his costs and charges in this behalf laid out and expended to be levied of the property of the Defendant attached in this cause.

p 547.
Joseph S. Moss, surviving partner of
the late firm of J.S. Moss & Co. Plaintiff
vs
William Baxley, garnishee
of Thomas R. Bridges Defendant
Now at this day comes the parties aforesaid and neither party requiring a Jury this cause is submitted to the Court and the Court doth find that at the time of the service of the Garnishment on him he was indebted to the said Thomas R. Bridges in the sum of $75, and the Court doth order that there be allowed the said Baxley the sum of $10 for attending Court and answering the garnishment to be retained by him out of the money confessed in his hands. It is therefore considered by the Court that the Plaintiff have and recover from the said Baxley garnishee as aforesaid the sum of $65 for which execution may issue to be applied in payment of the judgment of the Plaintiff against the said Thomas R. Bridges.

Asa Lyman Plaintiff
vs
John C. Thompson et al Defendants
Now at this day comes the Plaintiff by his attorney and by leave of Court dismisses this cause as to Cloud.

55
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G.
JANUARY TERM 1866
p 547.
It is ordered by the Court that the Clerk of the Circuit Court for Greene County, Missouri send the seal of said Court to St. Louis, Missouri, and cause the same to be repaired that it will make a full and perfect impression.

H. Donica Plaintiff
vs                                                   Alias Writ of Summons
A.M. Kelly et al Defendants
Now at this day comes the Plaintiff in this cause by his attorney and on his application it is ordered by the Court that an Alias Writ of Summons issue in this cause to the Sheriff of McDonald County returnable at the July Term of this Court A.D. 1866.

p 548.
State of Missouri Plaintiff
vs
Tony Radcliffe & Jordan Allen Defendants
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri in this cause and the said Defendants who for a plea say they are not guilty and both parties having announced ready for trial thereupon comes a Jury viz: T.A. Miles, J.R. Douglas, Lawson Lyman, Asa Lyman, Thomas J. Patterson, R.A. McClure, W.F. Dunn, S.M. Gresham, J. Wintersteen, J. Wagner, J.M. Kelly and Charles Scholten, twelve good and lawful men, who being duly elected, tried and sworn to well and truly try the issue joined and having taken and subscribed to the oath prescribed by the Constitution of the State of Missouri, after hearing all the evidence in the case and having received the instructions of the Court retired to consider of their verdict. It is ordered by the Court that all fines heretofore imposed during this term for contempt of Court and not already released are hereby remitted.

State of Missouri Plaintiff
vs
J.W. Vaught Defendant
Now at this day comes the said Defendant by his attorney and files an affidavit for a Change of Venue in this cause the premises being heard seen and fully understood by the Court, it is granted and a Change of Venue is awarded to Christian County.

p 549.
State of Missouri Plaintiff
vs
J.W. Vaught Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri in this behalf and J.W. Vaught as principal and Isham W. Vaught, Joseph Vaught and Levi C. Vaught as securities, who acknowledge themselves to owe and be indebted to the State of Missouri in the sun of $500 to be levied of their goods and chattels, lands and tenements to be void on the following condition if the said J.W. Vaught who stands indicted by the Grand Jury for Greene County, Missouri, be and appear before the Judge of the Circuit Court at the Court House in Christian County on the second Monday in March 1866 and answer to said Bill of Indictment and not to depart said Court without leave.

p 550.
Motions etc.

Smith & McCullah, admins of John Smith, decd, vs Eli Parrish et al -- replication.

James Gaskins vs Wiley Oneal et al -- Plaintiff not present; case stricken from Docket. (continued)

56
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 550 (cont)

State of Missouri vs Tony Radcliffe, Jordan Allen -- Motion to strike out evidence.

Elizabeth Campbell, admin vs John Lair, T.G. Newbill -- Plaintiff files amended petition.

J.E. Winfield vs G.C. See -- Plaintiff files demurer to Defendant's answer.

p 551.
Isham W. Faught Plaintiff
vs
(Christian) Whitman Defendant
Now at this day this cause coming on to be heard and the Plaintiff being duly called, comes not. It is therefore 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 said Plaintiff his costs in this behalf expended and that execution issue therefor.

State of Missouri Plaintiff
vs
Tony Radcliffe & Jordan Allen Defendants
Now at this day this motion to strike out testimony heretofore filed in this cause coning on to be heard and all and singular the premises being seen and heard and fully understood by the Court the said motion is by the Court overruled.

p 552.
Bank of State of Missouri Plaintiff
vs                                                   Final Judgment
Allen Edmonson & Alfred M. Julian Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified of the commencement of this suit by delivering to them a true copy of the writ and to Allen Edmonson, the party first served, also a certified copy of the original petition at least fifteen days before the commencement of the present term of this Court and the same being submitted to the Court, the Court sitting as a Jury doth find from an examination of the issue that said Defendants are indebted to the Plaintiff on an instrument of writing signed by the Defendants and being for the direct payment of money in the sum of $200 debt and $57.66 damages for detention of the same and his costs in this behalf expended. It is therefore decreed, ordered and adjudged by the Court that the said Plaintiff have and recover of and from the said Defendants his said debt, damages and costs and that execution issue therefor.

p 552/553.
Bank of State of Missouri Plaintiff
vs                                                   Final Judgment
Allen Edmonson, Alfred Julian
& Charles A. Haden Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified of the commencement of this suit by delivering to them a true copy of the writ and the original petition to Allen Edmonson, the party first served, at least fifteen days before the commencement of the present term of this Court and the same being submitted to the Court, the Court sitting as a Jury doth find from an examination of the same that said Defendants are indebted to the Plaintiff on an instrument of writing signed by the Defendants and being for the direct payment of money in the Sum of $500 debt and $143.75 damages for detention of the same and his costs in this behalf expended. It is therefore decreed, ordered and adjudged by the Court that the said Plaintiff have and recover of and from the said Defendants his said debt, damages and costs and that execution issue therefor.

57
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 553/554.
Elisha Headlee as pub admin of Greene
County, having in charge the estate of
William Parrish, dec'd, and administering
the same under the last will
of said deceased Plaintiff
vs                                                   Final Judgment
Ishmael Lee & Solomon H. Owen Defendants
Now at this day comes the said Plaintiff bv his attorney and it appearing to the satisfaction of the Court that Defendants have been duly notified of the commencement of this suit by delivering to them a true copy of the writ and also certified copy of the original petition to Ishmael Lee, the party first served at least fifteen days before the commencement of the present term of this Court and the same being submitted to the Court sitting as a Jury doth find from an examination of the same that the said Defendants are indebted to the said Plaintiff on an instrument of writing signed by the Defendants and for the direct payrnent of money in the sum of $1000 debt and $279.80 damages for the detention of the same and his costs in this behalf expended. It is therefore decreed, ordered and adjudged by the Court that the said Plaintiff have and recover of and from the Defendants his said debt, damages and costs and that execution issue therefor.

p 554.
Bank of the State of Missouri Plaintiff
vs
W.F. Bodenhamer, J.W. Caynor
and Bedford W. Henslee Defendants
Now at this day comes the said Plaintiff by his attorney and it appearing to the satisfaction of the Court that Defendants have been duly notified of the commencement of this suit by delivering to them a true copy of the writ and also certified copy of the original petition to W.F. Bodenhamer the party first served at least fifteen days before the commencement of the present term of this Court and the same being submitted to the Court sitting as a Jury doth find from an examination of the same that said Defendants are indebted to the said Plaintiff on an instrument of writing for the direct payment of money in the sum of $160 debt and $20.80 damages for detention of the same, and his costs in this behalf expended. It is therefore decreed, ordered and adjudged by the Court that the said Plaintiff have and recover of and from the Defendants his said debt, damages and costs and that execution issue therefor.

p 554/555.
John Hagan, admin of estate of
John G. Galbraith, dec'd. Plaintiff
vs                                                   Final Judgment
Andrew L. Galbraith
Now at this day comes the said Plaintiff by his attorney and it appearing to the Satisfaction of the Court that Defendants have been duly notified of the commencement of this suit by reading to the said Defendant the writ and delivering to him a certified copy of the original petition at least fifteen days before the commencement of the present term of this Court and the same being submitted to the Court the Court sitting as a Jury doth find from an examination of the same that said Defendant is indebted to the said Plaintiff on an instrument of writing for the direct payment of money in the sum of $262.82 debt and $27.92 as damages for detention of the same and his costs in this behalf expended. It is therefore ordered and adjudged by the Court that the said Plaintiff have and recover of and from the said Defendant his said debt damages and costs to be levied of his goods, chattels, lands and tenements and that execution issue therefor.

58
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 555.
John O. Sheppard & John Murray Plaintiffs
vs                                                   Final Judgment.
Allen Edmonson & J.J. Edmonson Defendants
Now at this day comes the said Plaintiffs by their attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified of the commencement of this suit by delivering to them a true copy of the writ and also a certified copy of the original petition to Allen Edmonson, the party first served, at least 15 days before the commencement of the present term of this Court, and the same being submitted to the Court, the Court sitting as a Jury doth find from an examination of the same that the said Defendants are indebted to the said Plaintiffs on an instrument of writing for the direct payment of money in the sum of $154 debt and $77 damages for the detention of the same and his costs in this behalf expended. It is therefore decreed ordered and adjudged by the Court that the said Plaintiff have and recover of and from the said Defendants said debt, damages and costs to be levied of their goods, chattels lands and tenements and that execution issue therefor.

p 556.
A.W. Littington Plaintiff
vs                                                   Final Judgment
Peter Burns Defendant
Now at this day comes the said Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified of the commencement of this suit by delivery to them of a true copy of the writ and also a certified copy of the original petition at least fifteen days before the commencement of the present term of this Court and the Same being submitted to the Court, the Court sitting as a Jury doth find from an examination of the same that the said Defendant is indebted to said Plain
tiff on an instrument of writing for the direct payment of money in the sum of $243.93 debt and $113.66 damages for the detention thereof and his costs in this behalf expended. It is therefore decreed ordered and adjudged by the Court that the said Plaintiff have and recover of and from the said Defendant his said debt , damages and costs to be levied of his goods, chattels lands and tenements and that execution issue therefor.

R.D. Blades et al
vs                                                   Sheriff's Deed
William B. Garroutte et al
Now at this day comes Henry Matlock, former Sheriff of Greene County, Missouri, in to Open Court and acknowledges the execution by him of a Deed of Conveyance in his capacity aforesaid to Parson D. Dodds, conveying the following real estate Situate in said County viz the SW 1/4 of SW 1/4 Section 26 Township 28 Range 24W, which real estate was sold by him under order in above entitled cause for purpose of partition among the heirs of Samuel Garroutte, deceased.

p 557.
John B. Cox Plaintiff
vs                                                   Civil Action
Eli G. Parris Defendant
Now at this day this cause comes on to be heard upon the petition of the Plaintiff and the answer of the Defendant, and the Plaintiff appeared by attorney and announced ready for trial but the Defendant although three times solemnly called and required to come into Court came not but made no appearance and the Plaintiff waiving a Jury, the trial was had before the Court sitting as a Jury and thereupon the Plaintiff introduced his evidence from which the Court doth find that the said Defendant is indebted to the Plaintiff on a
(continued)

59
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866.
p 557 (cont.)
Bill of Exchange duly accepted by the Plaintiff in the sum of two thousand dollars for debt and one hundred and fifteen dollars for damages for nonpayment of said Bill of Exchange and the interest thereon. It is therefore considered and adjudged and decreed by the Court that the Plaintiff have and recover of and from the Defendant his debt of two thousand dollars and his damages of one hundred dollars and also his costs in this behalf laid out and expended and that he have an execution therefor.

Alfred M. Julian Plaintiff
vs
Bank of State of Missouri Defendant
Now at this day comes on this cause for hearing, and the Defendant having failed and refused to file a good and sufficient pleading in this behalf whereby the petition of the Plaintiff remains wholly undefended and the same is by the Court taken as confessed and the Plaintiff appearing and waiving a Jury the trial is had before the Court sitting as a Jury, and thereupon the Plaintiff introduced testimony from which the Court doth find that the Plaintiff is the rightful owner of ten shares of Bank Stock in the Bank of the State of Missouri Branch at Springfield which was formerly the property of John Lair and was so shown and on the Stock Book of said Defendant appeared as the property of John Lair. And it further appears to the Court that the Defendant has wilfully failed and refused to transfer the said Stock to Plaintiff and give to Plaintiff a certificate and transfer of said Stock on the Stock Books of Defendant, after having been duly notified of the sale thereof, and after demand in writing duly made by Plaintiff on said Defendant. It is therefore considered adjudged and decreed by the Court that the said Defendant transfer to Plaintiff the ten shares of Bank Stock formerly owned by John Lair, and standing on the Stock Books of Defendant as the property of John Lair and that Plaintiff have all the rights, interests and benefits of said Bank Stock from the day of _____A.D. 1866, and all dividends and interest which the said John Lair would have been entitled to the time aforesaid and that the Plaintiff have and recover of and from the said Defendant his costs in this behalf laid out and expended.

p 558/559.
Edwin T. Robberson Plaintiff
vs                                                   Petition for Partition
Jasper Robberson, Ella Robberson,
Nettie Robberson, William R. Robberson &
Asbury Robberson Defendants
Now at this day comes the Plaintiff by attorney and this cause coming on for a final hearing, and the guardian ad litem for Jasper Robberson and Ella Robberson, minor Defendants in this cause not appearing and the Plaintiff waiving a Jury, the trial of this cause is had before the Court sitting as a Jury. Thereupon the Plaintiff offers proof from which the Court doth find that Bennett Robberson during his lifetime was seized of an estate of inheritance of in or to the following real estate situate in Greene County, Missouri the SW 1/4 and W 1/2 SE 1/4 and the SW 1/4 of the NE 1/4 and that part of the NW 1/4 described as beginning at the SE corner of the NW 1/4, running thence West 134 poles thence North 27 poles thence East 137 poles thence South 27 poles to the beginning all situate in Section 11 Township 30 Range 22W. And that the said Bennett Robberson died intestate leaving the following children who were his heirs at Law, viz Edwin T. Robberson, the Plaintiff, William R. Robberson, Asbury F. Robberson, Defendants John S. Robberson and Fanny Robberson and that each of such children of the said Bennett Robberson took by inheritance the one undivided onefifth part of such real estate the Court further finds that Fanny Robberson died intestate, leaving no children and that her brothers were her heirs at Law and ather death inherited the undivided interest which she had in said land The Court further finds that John S. Robberson
(cont)

60
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 558/559 (cont)
departed this life intestate leaving the Defendant Nettie Robberson as his widow and Jasper Robberson and Ella Robberson Defendants his children and the Court doth find that William R. Robberson's interest in said land has been acquired by the Plaintiff, Edwin T. Robberson by purchase and the transfer thereof by purchase. And the Court further finds that Asbury F. Robberson sold and conveyed his interest in said Land to Plaintiff, Edwin T. Robberson. The Court finds that the parties in interest in said real estate at this time are the Plaintiff, Edwin T. Robberson, who is entitled to the undivided threefourths interest in said land and that Defendant Nettie Robberson is entitled to a life estate in and to the undivided third part of onefourth part of said real estate and the Defendants, Jasper Robberson and Ella Robberson, are each entitled to one undivided eighth part of said real estate subject to the widow's dower in the same which is the interest of Nettie Robberson of a life estate in the undivided one third part of onefourth part. It is therefore considered and adjudged that partition of said real estate be made and that the same be set apart and divided So as to give to Plaintiff Edwin T. Robberson the threefourth part in value of said real estate and that Nettie Robberson have the one third part of the one-fourth part of such real estate during her life, and after her death that the same go to Jasper and Ella Robberson, and that Jasper Robberson have set apart to him one-eighth part of said real estate, subject to the life estate of Nettie Robberson, and that Ella Robberson have set apart to her one-eighth part of said real estate subject to the life estate of Nellie Robberson. It is further considered and adjudged that John McElhaney, Joseph Evans and Hosea Mullings be and they are hereby appointed commissioners to set apart and partition said real estate in accordance with the above finding.

p 559/560.
Bank of the State of Missouri Plaintiff
vs                                                   Final Judgment
Allen Edmonson, J.J. Edmonson
& Alfred M. Julian Defendants
Now at this day comes the said Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified of the commencement of this suit by delivery to them of a true copy of the Writ and also a Certified Copy of the original petition to Allen Edmonson, the party first served, at least 15 days before the commencement of the present term of this Court and the Defendants having failed to plead, answer or demur to said Plaintiff's petition the same is taken as confessed and this cause being submitted to the Court, the Court sitting as a Jury doth find from an examination of the same that said Defendants are indebted to the said Plaintiffs on an instrument of writing for the direct payment of money signed by the Defendants in the sum of $200 debt and $57.66 damages for the detention of the same and his costs in this behalf expended. It is therefore decreed, ordered and adjudged by the Court that the said Plaintiff have and recover of and from the said Defendants his said debt, damages and costs, to be levied of their goods and chattels, lands and tenements and that execution issue therefor.

p 560.
D.C. Brewster & William Armstrong Plaintiffs
vs                                                   Final Judgment
Valentin Deck & Thomas Masters Defendants
Now at this day comes the said Plaintiffs by their attorney and it appearing to the satisfaction of the Court that the Defendants have been notified of the commencement of this suit by delivery to them of a true copy of the original petition to Valentin Deck, the party first served, at least 15 days before the commencement of the present
(continued)

61
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 560 (cont.)
term of this Court and it further appearing to the Court that on the 29th day of June 1865 a Writ of Attachment was issued by the Clerk of this Court against Valentin Deck and Thomas Masters in favor of D.C. Brewster and William Armstrong, which Writ of Attachment was, by the Sheriff of Greene County, on the 30th day of June 1865 levied upon the following property of said Defendants, viz: the undivided 1/2 of the ice in an ice house at a place known as the place of Elizabeth Campbell, in Campbell Township, Greene County, Missouri, also by levying on the interest of Thomas Masters in the house and bakery that joins the Lot that McDaniel has in Springfield which lies on the NW corner of the Public Square, also the interest of Valentin Deck has in and a certain bay horse pony, also the interest of the said deeds in and to a certain Lot in Springfield, Missouri. The Court doth therefore find from an examination of the same that the Defendants are indebted to the Plaintiffs in the sum of $350 debt and the sum of $24.30 damage and costs of this suit. It is therefore considered and adjudged by the Court that the Plaintiffs have and recover of and from the Defendants his said debt, damage and costs, and that they have a special execution against the property of the Defendants attached in this cause. (Note written at side of page "for value received, I, D.C. Brewster assign to W.M. Armstrong all my right title and intereSt in the within judgment February 13th 1866. For value received, I, William M. Armstrong assign to D.C. Brewster $40 of the within judgment this February 13th 1866. William M. Armstrong". Attest R.A.C. Mack Clerk J.H. Snow.)

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

p 561. January 12th 1866
Court met persuant to adjournment. Present as on yesterday.

State of Missouri Plaintiff
vs                                                   Perjury
W.B. Stalie Defendant
Now at this day it is ordered by the Court that the Indictment found against Defendant at the July Term A.D. 1865 for Perjury be quashed and said Defendant be discharged there from and go hence without day and that a fee bill issue in this cause for the costs of said suit against the State of Missouri.

Eli T. Bray Plaintiff
vs                                                   Civil Action
Greene A. Spillman Defendant
Now at this day comes the Plaintiff by his attorney and by leave of Court said Plaintiff is granted leave to file his replication in this cause on or before the first day of the Adjourned Term 1866.

State of Missouri Plaintiff
vs                                                   Forfeiture of Recognizance
Larkin Russell Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and the Defendant, Larkin Russell, being thrice called comes not but makes default, and the said securities, Thomas S. Martin, James B. Hickock and T.H Jenkins being thrice called and required to bring the body of the said Larkin Russell into Court come not, neither do they bring the said Defendant into Court. It is therefore considered and adjudged by the Court that the said recognizance of the Defendant be and the same is hereby forfeited unto the State of Missouri. And it is further ordered and adjudged by the Court that a scira facias issue to the said Thomas G. Martin, James B. Hickock and J.H. Jenkins, Securities of the said Larkin Russell, be and appear before the Judge
(cont.)

62
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 561 (cont.)
of the Greene Circuit Court at the January Term 1866 should not be made final with the said Thomas S. Martin, James B. Hickock and J.H. Jenkins as his securities and execution ssue for the Same.

p 562.
Ordered by the Court that no attorney shall be taken as security in any cause between the State of Missouri and any party Defendant as security on part of said Defendant.

John Phelps
vs                                                   Complaint Filed
R.A.C. Mack
Now at this day comes John S. Phelps and files in Open Court his complaint or petition requiring therein that the Clerk of this Court show cause on or before the next Regular Term of this Court why certain ent ries were not made of record on the 9th day of the present term of this Court.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Daniel Ridenhour Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and also the Defendant, Daniel Ridenhour, in person and by attorney and being arraigned before the Court and the Indictment read to him in Open Court, he, the said Daniel Ridenhour, did then and there for a plea say he was guilty in manner and form as charged in the Bill of Indictment, wherefore the Court doth find that the said Defendant, Daniel Ridenhour, is guilty and doth assess as a punishment on said Defendant imprisonment in the Penetentiary of the State of Missouri for the period of two years. It is therefore considered and adjudged by the Court that the said Defendant, Daniel Ridenhour, be confined in the Penetentiary of the State of Missouri for the period of two years and that the Sheriff of Greene County without delay convey him, the said Daniel Ridenhour, to the State Penetentiary at Jefferson City, Missouri, and deliver him to the Keeper thereof to be by him confined as aforesaid and that the State of Missouri have and recover of and from the said Defendant, Daniel Ridenhour, her costs in this behalf laid out and expended and that she have an execution therefor.

p 563.
State of Missouri Plaintiff
vs                                                   Grand Larceny
Tony Ratliff Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and also the Defendant, Tony Ratliff, in person and by attorney and being arraigned before the Court and the Indictment read to him in Open Court, he, the said Tony Ratliff, did then and there for a plea say he was guilty in manner and form as charged in the Bill of Indictment, wherefore the Court doth find that the said Defendant, Tony Ratliff, is guilty and doth assess as a punishment on said Defendant imprisonment in the Penetentiary of the State of Missouri for the period of two years. It is therefore considered and adjudged by the Court that said Defendant, Tony Ratliff, be confined in the Penetentiary of the State of Missouri for the period of two years and that the Sheriff of Greene County without delay convey him, the said Tony Ratliff, to the State Penetentiary at Jefferson City, Missouri, and deliver him to the Keeper thereof to be by him confined as aforesaid and that the State of Missouri have and recover of and from the said Defendant, Tony Ratliff, her costs in this behalf laid out and expended and that she have an execution therefor.

63

January Term Continued
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