Abstract of Circuit Court Record Books 1840 - 1845

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

July Term 1842.

p 242.
At a Circuit Court began and held at the Court House in the town of Springfield in the County of Greene, State of Missouri, on Monday the 18th day of July in the year of our Lord 1842.
Present: The Hon. Charles Yancey Judge, James McBride Circuit Attorney, Thomas Horn esq Sheriff and Joshua Davis Clerk.

Now at this day came Thomas Horn, Sheriff, within and for the County of Greene and returns here into Court the veniri facias to him directed with a panel of Grand Jurors endorsed thereon to serve as the Grand inquest of the State of Missouri for the body of the County of Greene, to wit: James Dollison I. Joseph Dacos 2 Elijah Gray
3. Lewis Adkins 4. William Prior 5. Kindred Rose 6. Sarrruel McDaniel 7. William Gideon 8. Benjamin Shockley 9. Jacob Bodenhamer 10. Joseph Evans 11. Thomas Staton 12. Horace Snow 13. Joseph Weaver 14. Mlen Robberson 15. James Alsop 16 William Mitchell 17. Seventeen good and lawful men who having been sworn received a charge from the Court and retired from the Bar to consider of their Presentments.

61
GREENE COUNTY, MISSOURI, CIRWIT COURT CASES

Book B. p 242.
July Term 1842.

S.F. January Plaintiff
vs                                                  
R.W. Sims Defendant
Now at this day came the Plaintiff in the above cause by his attorney and says he will no further prosecute his said suit but voluntarily suffers the same to be dismissed. It is therefore considered by the Court that the said Defendant have and recover of said Plaintiff his costs in this behalf laid out and expended for all of which execution may issue.

p 243.
L. Hendrick Plaintiff
vs                                                   Bill in Chancery
Daniel Kutch Defendant
This day came the said cariplainant and filed here in Court his bill in Chancery. And all and singular the premises being considered by the Court the Court do order that a Writ of Summons be issued requiring said Daniel Kutch to appear before this Court on the first day of the next term thereof and answer bill or show cause why he should not. And it is further ordered by the Court that the said Kutch and all others be restrained and enjoined from proceeding in the collection of the Judgment mentioned in said bill and also from further proceeding in said execution until the further order of this Court.

p 244. Thesday Morning 19 July 1842.
James Wilson, Commissioner of Seat of Justice of Newton County
vs                                                  
Littlebury Hendrick and John S. Waddill
This day came the Defendants in the above cause and by leave of the Court filed their motion to dismiss said suit which motion was sustained by the Court. It is therefore considered by the Court that the said Defendants have and recover of said Plaintiff his costs in this behalf laid out and expended for all of which execution may issue.

R.J. McElhaney Plaintiff
vs                                                   Petition in Debt
Joseph Burden Defendant
This day came the Defendant by his attorney in the above cause and says that he cannot deny that he is indebted to the said Plaintiff as alledged in his said declaration in the sum of $729.90 for his debt and the further sum of $20.85 for the detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of the said Defendant the aforesaid sum of $729.90 for his debt and $20.85 for his damages together with the costs in this behalf laid out and expended for all of which execution may issue.

p 245.
R.K. Payne Plaintiff
vs                                                   Appeal J.P.
B.M. Jewett Defendant
This day came the Plaintiff in the above cause as well as the Defendant by their attorneys and thereupon came a Jury, to wit: James Lee 1. Randolph Moore 2. Thomas P. Henry 3. Joseph Simmons 4. James Massey 5. William Y. Abbott 6. Avt. Hollingsworth 7. Alexander Brown 8. Stephen D. Haley 9. Peter Apperson Jr 10. Samuel Rin 11. and Peter Ooley 12. Twelve good and lawful men who being elected tried and sworn after hearing the allegations and evidence of the parties retired to consider of their verdict and afterward returned into Court the following verdict, to wit: "We the Jury find that the said Defendant owes and is indebted to the said Plaintiff in the sum of $90. It is
(continued)

62
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
July Term 1842.
p 245 (continued)
therefore considered by the Court that the said Plaintiff have and recover of said Defendant the aforesaid sum of $90 together with his costs in this behalf laid out and expended for all of which execution may issue.

Joseph H. January Plaintiff
vs                                                   Attachment
Samuel F. January Defendant
This day came the Plaintiff as well as the Defendant by his attorney and the said Defendant says he cannot deny but that he is indebted to the Plaintiff as is alleged in his Declaration and neither party requiring a Jury and the demand being founded on an instrument of writing and the amount ascertained thereby, the Court do find that the said Defendant owes and stands justly indebted to the said Plaintiff in the sum of $411.54. It is therefore considered by the Court that the said Plaintiff have and recover of said Defendant the aforesaid sum of $411.54 with interest at the rate of 10% per annum together with his costs in this behalf laid out and expended, for all of which execution may issue.

p 246.
A. Tappan and Co. Plaintiff
vs                                                   Trespass
John and Mary Phelps Defendants
(Cause continued until next term of this Court)

Peter Apperson, Adminis. of estate
of C.D. Terrell, deceased
vs                                                   Appeal J.P.
Stephen D. Haley Defendant
This day came the parties by their attorneys and the Plaintiff by leave of the Court withdraws the note payable to Terrell and Jewett.

Peter Apperson, Adminis. of estate
of C.D. Terrell, deceased
vs                                                   Appeal J.P.
S.D. Haley Defendant
This day came the parties by their respective attorneys and neither party requiring a Jury this cause is submitted to the Court. The Court setting as a Jury find that the said Defendant owes and stands justly indebted to the said Plaintiff as Administrator as aforesaid in the sum of $8.50 for his debt and $2.80 damages for the detention there-
of. It is therefore considered by the Court that the said Plaintiff have and recover of the said Defendant Stephen D. Haley and Joseph Weaver his security the sum of $10.68 the debt and damages aforesaid with interest at the rate of 10% per annum together with his costs in this behalf laid out and expended and that he have execution therefor.

p 247.
Thomas H. Phillips Plaintiff
vs                                                   Appeal J.P.
Mexander Cox Defendant
This day came the said Defendant and by leave of the Court files his motion to dismiss said cause.

Thomas Woodward Plaintiff
vs                                                   Appeal J.P.
N. Galbreath Defendant
This day came the Defendant and moves the Court to dismiss said appeal for want of
(continued)

63
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
July Term 1842.

p 247 (continued)
security for costs which motion is sustained by the Court. It is therefore considered by the Court that the said Defendant have and recover of said Plaintiff his costs in this behalf laid out and expended for all of which execution may issue.

State of Missouri Plaintiff
vs                                                   Gaming
R.K. Payne Defendant
This day came the Defendant by his attorney and moves the Court for a release from his recognizance and for good cause shown it is considered by the Court that the said Defendant be and he is released from his said recognizance.

p 248.
State of Missouri Plaintiff
vs                                                   Gaming
R.K. Payne Defendant
(Release from recognizance - 3 items the same)

p 249.
State of Missouri Plaintiff
vs                                                   Indictment for Gaming
John W. Ball Defendant
(Release from recognizance)

State of Missouri Plaintiff
vs                                                   Gaming
Samuel Snow Defendant
(Release from recognizance)

State of Missouri Plaintiff
vs                                                   Gaming
Jonathan Brawley Defendant)
(Release from recognizance)

State of Missouri Plaintiff
vs                                                   Gaming
Waymire Summers Defendant
(Release from Recognizance)

p 250.
State of Missouri Plaintiff
vs                                                  
Guion Leeper Defendant
(Release from recognizance)

State of Missouri Plaintiff
vs                                                   Gaming
John R. McFaddin Defendant
(Release from recognizance)

State of Missouri Plaintiff
vs                                                   Gaming
Thos. P. Henry Defendant
(Release from recognizance)

64
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
July Term 1842
p 250.
State of Missouri Plaintiff
vs                                                   Gaming
R.B. Coleman Defendant
(Release from Recognizance)

p 251.
State of Missouri Plaintiff
vs                                                   Gaming
Charles Hatter Defendant
(Release from recognizance

Wednesday morning 20 July 1942.

Ordered by the Court that James Dollison be discharged from further service as foreman of the Grand Jury within and for the County of Greene and that Joseph Weaver be appoin ted in his stead.

p 252.
Abram L. Lee, Jacob Stratton
& Richard P. Remington
vs                                                   Attachment
Samuel F. January
Now at this day came the said parties and the issues joined upon the plea in abatement filed by said Defendant being submitted to the Court and neither party requiring a Jury, it is found by the Court that at the time of the suing out of the Writ of Attachment in this cause there was not any other suits pending for the same cause of action and it is also found by the Court that said suit instituted by capias in said plea of said Defendant mentioned was by said Plaintiffs dismissed before the suing out of said Writ of Attachment. It is therefore considered by the Court that the said Samuel F. January further answer the said Plaintiffs to their Writ and Declaration aforesaid.

p 253.
Joseph Vaulx Plaintiff
vs                                                   Debt
Benjamin W. Cannefax Defendant
Now at this day comes the said Plaintiff and on his motion for good cause shewn it is ordered by the Court that the cause stands continued until the next term of the Court and that the said Defendant have and recover of and from the said Plaintiff his costs of suit at this term laid out and expended and that execution issue therefore.

p 253/254.
John Weaver Plaintiff
vs                                                   Debt on Judgment
Abner Pillow Defendant
Now at this day comes the said Defendant and on his motion leave is given him to file special pleas at the next term of this Court by serving adverse Counsel with a copy of pleas 60 days previous to the next term of this Court.

p 254.
Samuel M. McCorcle and
M. Chapman Plaintiffs
vs                                                   Debt
Samuel H. Bunch & John P. Campbell Defendants
This day came the Plaintiffs by their attorney and the Defendants having been thrice
(continued)

65
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
July Term 1842.
p 254 (continued)
solemnly called came not but make default and the demand being founded on an instrument of writing and the amount ascertained thereby, the Court do find that the said Defendants owe and stand justly indebted to the Plaintiffs in the sum of $178 for their debt and $6.52 for damages for the detention thereof. It is therefore considered by the Court that said Plaintiffs have and recover of said Defendants the aforesaid sums together with their costs in this behalf laid out and expended for all of which execution may issue.

p 254/255.
Daniel D. Berry Plaintiff
vs                                                   Debt
Joseph Jones Defendant
Now at this day came the Plaintiff by his attorney and the Defendant having been thrice solemnly called came not but makes default and the demand being founded on an instrument of writing and the amount ascertained thereby the Court do find that the said Defendant owes and stands justly indebted to the Plaintiff in the sum of $231 for his debt and $13.47 for his damages for the detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of the said Defendant the aforesaid sums together with his costs in this behalf laid out and expended, for all of which execution may issue.

p 255
Berry and Snyder Plaintiff
vs                                                   Debt
Fream and McAdams Defendant
This day came the Plaintiff by his attorney and the Defendant having been thrice solemnly called came not but makes default and the demand being founded on an instrument of writing and the amount ascertained thereby the Court do find that the said Defendants owe and stand justly indebted to the said Plaintiffs in the sum of $156.47 for his debt and $12.99 for his damages for the detention thereof. It is therefore considered by the Court that the said Plaintiffs have and recover of said Defendants the aforesaid sums together with costs of suit in this behalf laid out and expended for all of which execution may issue.

John Smith Plaintiff
vs                                                   Debt
James Lee Defendant
(Cause continued)

p 256.
N.R. Smith vs John Debruin - cause continued

State of Missouri vs George W. Rice - Release from recognizance.

James Massey Plaintiff
vs                                                   Appeal J.P.
Charles Hatler Defendant
This day came the parties by their attorneys and thereupon came a Jury, to wit: Joel McCoy 1. Washington Wallace 2. John R. Guyn 3. William McFarland 4. Thomas Jessup 5. B.W. Cannefax 6. Andrew Leeper 7. Thos. H. Phillips 8. Joseph Simmons 9. B.S. Lane 10, ten good and lawful men being the number of a panel by the said parties agreed upon and after hearing the evidence and allegations in the said cause retired from the Bar and afterwards returned with the following verdict "We the Jury fine the Plaintiff twenty dollars, the amount of said Plaintiff's demand." It is therefore considered by the Court that the said Plaintiff have and recover of said Defendant the said sum of twenty
(continued)

66
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
July Term 1842.
p 256 (continued)
dollars together with his costs in this behalf laid out and expended for all of which execution may issue.

p 257. Thursday morning.
Stratton and Remington vs Samuel F. Remington 2nd plea in abatement.
James Eastham, Rebecca Eastham, etal vs William McFarland, adminis. bill filed in Chancery.

p 257/258.
Tephaniah Turner & William E. Voss
vs                                                   Debt on Judgment
Ephraim B. McLain
Now at this day came the said parties by their attorneys and the cause being submitted to the Court and the evidence and allegations of the parties being heard it is found by the Court that there is a record of the recovery remaining in the Circuit Court of the United States for the Dictrict of Middle Tennessee in manner and form as by said Plaintiffs in their said Declaration alledged, and it is also found by the Court that the reason of the said recovery the said Defendant is indebted to the said Plaintiff in the sum of $777.73 for their debt and the further sum of $134.54 for their damages by reason of the detention of their said debt. It is therefore considered by the Court here that the said Plaintiffs have and recover of and from the said Defendant the said sums of $777.73 and $134.54 damages together with their costs of suit in this behalf laid out and expended and the execution issue therefor.

p 258/259.
Joseph H. January Plaintiff
vs                                                   Debt
Peter Apperson Jr Defendant
Now at this day came the said parties by their attorneys and thereupon came a Jury, to wit: A. Payne, B. Chapman, A. Horton, Abner Bryan, William Pryor, Washington Wallis, J.R. Gwnn, P. Haden, J. Simmons, C.A. Haden, Thomas P. Henry and W.P. Cox, twelve good and lawful men who being duly tried elected and sworn well and truly to try the issues between the said parties and having heard the allegations and evidence of said parties retired to consider of their verdict. We the Jurors do find for the Plaintiff upon the several issues joined, and we the Jurors also find that the said Defendant is indebted to the said Plaintiff in the sum of $209.27 for his debt and damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of $209.27 debt and damages as aforesaid together with their costs of suit in this behalf laid out and expended and that execution issue therefor.

p 259.
Abram L. Lee, Jacob Stratton & Richard P. Remington
vs                                                   Attachment
Samuel F. January
(motion to strike out 2nd plea in abatement sustained)

p 260.
Samuel Harris Plaintiff
vs                                                   Slander
Abraham Woody Defendant
(motion to strike out pleas. Leave is given)

67
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
July Term 1842
p. 260.
William Sanders Plaintiff
vs                                                  
James W. Blakey Defendant
(Cause continued)

L. Hendrick Plaintiff
vs                                                   Bill in Chancery
Sarah Carter Defendant
(Alias Writ asked for - granted)

p 261.
Joseph Charless Plaintiff
vs                                                   Petition in Debt
Constantine Perkins Defendant
This day came the Plaintiff by his attorney and the Defendant having been thrice solemnly called came not but makes default. And after viewing the allegations and proof the Court do find that the said Defendant owes and stands justly indebted to the said Plaintiff in the sum of $100. It is therefore considered by the Court that the said Plaintiff have and recover of the said Defendant the aforesaid sum of $100 together with his costs in this behalf laid out and expended for all of which execution may issue.

Newel Cates Plaintiff
vs                                                   Assurripsit
Benjamin W. Cannefax Defendant
Now at this day came the Defendant in the above cause and filed his affidavit for a Change of Venue in the said cause and for reasons set forth in the said affidavit and for good cause shown, a Change of Venue is awarded to the Dade County Circuit Court. And it is ordered by the Court that the said cause and a transcript of said proceedings in said cause be sent to the said Court in the time required by law.

p 262.
John D. Dickey Plaintiff
vs                                                   Appeal J.P.
Joseph C. Price Defendant
This day came the parties by their respective attorneys and thereupon came a Jury, to wit: Joseph Simmons, David Wallis, Thomas P. Henry, Christopher Grider, Jesse Halbert, R.K. Payne, Eli Ussery, Joseph Rountree, James H. Massey, Thomas J. Mills, Peter Apperson Jr and B. Slans, twelve good and lawful men, elected tried and sworn. After hearing the allegations and proofs, the said Plaintiff by his attorney says he will no further prosecute his said suit but voluntarily suffers the same to be dismissed. It is therefore considered by the Court that the said Defendant have and recover of said Plaintiff his costs in this behalf laid out and expended for all of which execution may issue.

p 263.
Joseph Charless Plaintiff
vs                                                   Assumpsit
Constantine Perkins Defendant
Now at this day came the said parties by their attorneys and neither party requiring a Jury the cause is submitted to the Court. And it is found by the Court sitting as a Jury that the said Defendants did undertake and promise in manner and form as by said Plaintiff in his said declaration above alleged and that said Plaintiff has sustained damages by reason of the non-performance of said several promises and undertakings by
(continued)

68
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
July Term 1842
p 263 (continued)
said Defendant in the sum of $100. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of $100 together with his costs of suit by him in this behalf laid out and expended and that he have execution therefor.

p 264. Friday morning.
This day came the Grand Jurors within and for the body of the County of Greene and returned here into Court the following indictments, to wit:
State of Missouri vs

R.K. Payne for gaming - a true bill
John R. McFadden for gaming - a true bill
James Dollison misdemeanor - a true bill
Charles Hatler gaming - a true bill
Joel Phillips retailing spirits - a true bill
Samuel Snow gaming - a true bill
Joseph Shanks gaming - a true bill
John Hoover retailing spirits - a true bill
Charles Young gaming - a true bill
Avt. Hollingsworth gaming - a true bill
James Mills gaming - a true bill
John L.C. Huddleston Larceny - a true bill
W.G. Burden gaming - a true bill
Waymire Summers gaming - a true bill
Jonathan Brawley gaming - a true bill
A.L. Yarbrough gaming - a true bill
Guien Leeper gaming - a true bill
R.B. Coleman gaming - a true bill
Eldridge B. Miller gaming - a true bill
John W. Humphrey gaming - a true bill
Francis Warren gaming - a true bill
Wade Burden gaming - a true bill
William Pritt gaming - a true bill
G.W. Rice gaming - a true bill
R.J. McElhaney gaming - a true bill
Joseph Farrier gaming - a true bill
Jacob Pa inter gaming - a true bill
Samuel H.C. Bunch gaming - a true bill
Samuel H.C. Bunch gaming - a true bill
George T. Price gaming - a true bill
James Allison gaming - a true bill
James M. Kindrick adultery - a true bill
Emeline Good adultery - a true bill
Daniel M. Williamson gaming - a true bill
Jno. W. Ball gaming - a true bill

And having no further business was discharged by the Court. It is ordered by the Court that capiases issue on the several indictments found by the Grand Jurors at this term of this Court.

p 265.
A. Tappan & Co vs J.S. Phelps and Mary Phelps, his wife, Assumpsit
Craighead and Allen vs J.S. Phelps and Mary Phelps, his wife, Assumpsit
Both continued until next term of this Court.

69
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book 3.
July Term 1842.
p 265.
James Wilson, Court of seat of Justice in Newton County
vs                                                   Petition in Debt
L. Hendricks and John S. Waddill
This day came the Plaintiff in the above cause by Attorney and says he will no further prosecute his said suit but voluntarily suffers the same to be dismissed. It is therefore considered by the Court that the said Defendants have and recover of the said Plaintiffs their costs in this behalf laid out and expended for all of which execution may issue and leave is also given to said Plaintiff to withdraw the note or instrument sued on.

p 266.
State of Missouri Plaintiff
vs                                                   Indictment for gaming
Samuel Snow Defendant
This day came Samuel Snow principal and John S. Waddill his security in the above cause and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of $100 each, to be levied of their respective goods and chattles lands and tenements for the use of the said State of Missouri to be void upon this condition, that is to say, if the said Defendant shall make his appearance in his own proper person at the Court House in the town of Springfield on the first day of the next term of said Greene Circuit Court which commences on the third Monday after the fourth Monday in October, next, and answer unto an indictment preferred against him for gaming and not depart the same without leave thereof otherwise to remain in full force and virtue.

State of Missouri Plaintiff
vs                                                   Indictment for selling spiritous liquor
Joel Phillips Defendant
This day came Joel Phillips, principal and R.J. McElhaney, his security, in the above cause and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of $100 each, to be levied of their respective goods and chattles lands and tenements for the use of the said State of Missouri to be void upon this condition, that is to say, if the Defendant shall make his appearance in his own proper person at the Court House in the town of Springfield on the first day of the next term of said Greene Circuit Court which commences on the third Monday after the fourth Monday in October, next and answer unto an indictment prefered against him for gaming and not depart the same without leave thereof otherwise to remain in full force and virtue.

p 266/267
State of Missouri Plaintiff
vs                                                   Indictment for gaming
Charles Hatler Defendant
This day came Charles Hatler, principal, and R.P. Haden, his security, in the above cause and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of $100 each, to be levied of their respective goods and chattles lands and tenements for the use of the said State of Missouri to be void upon this condition, that is to say, if the said Defendant shall make his appearance in his own proper person at the Court House in the town of Springfield on the 1st day of the next term of said Greene Circuit Court which commences on the 3rd Monday after the 4th Monday in October, next, and answer unto an indictment preferred against him for gaming and not depart the same without leave thereof otherwise to remain in full force and virtue.

70
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
July Term 1842
p 267.
Peter Ooley Plaintiff
vs                                                   Petition for Writ of Prohibition
Wm. Sutmners Defendant
On petition of the Plaintiff in the above cause and for good cause shown it is ordered by the Court that the said Justice of the Peace, William G. Summers, be required to stay the proceedings on two Judgments against the said Plaintiff, one in favor of John Hargraves and the other in favor of John Miles both against the said Peter Ooley until the further order of this Court and that a Writ of Prohibit ion issue returnable to next term of this Court and that he also appear at the Court House in the town of Springfield and show cause if any he have why said Writ shall not be made absolute and perpetual.

State of Missouri Plaintiff
vs                                                   Indictment for Misdemeanor
James Dollison Defendant
This day came James Dollison principal, and Thomas Shannon, his security in the above cause and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of $100 each, to be levied of their respective goods and chattles ands and tenements for the use of the said State of Missouri to be void upon this condition, that is to say, if the said Defendant shall make his appearance in his own proper person at the Court House in the town of Springfield on the 1st day of the next term of said Greene Circuit Court which commences on the 3rd Monday after the 4th Monday in October, next, and answer unto an indictment prefered against him for gaming and not depart the same without leave thereof otherwise to remain in full force and virtue.

p 268.
William Fulbright Plaintiff
vs                                                   Assumpsit
Littleberry Hendrick, adrn of
James Carter, Decd. Defendant
Now at this day comes the said Defendant by his attorney and by leave of the Court files plea in the cause and on his motion leave is given him to file pleas at the next term of this Court by serving a copy of pleas on Plaintiff's attorney 60 days previous to next term of this Court.

William McFarland, Respondent
vs                                                   Bill in Chancery
James Eastham, Rebecca Eastham
& others, Complainants
Now at this day comes the said respondent and by leave of the Court files his demurer to the bill of said complainant. And the premises being seen and by the Court fully understood it is considered by the Court that the said Bill of said complainant is insufficient, and that said complainants are not entitled to the relief prayed for by their said bill, and it is further considered by the Court that the proceedings in the suit at Law instituted by said respondent against said complainants be not enjoined and also that the said bill of said complainants be dismissed and that the said respondent recover of and from the said complainants his costs in this behalf laid out and expended and that he have execution therefor.

p 269.
State of Missouri Plaintiff
vs                                                   Indictment for gaming
R.K. Payne Defendant
Now at this day came the Defendant in the above cause and J.H. McBride who prosecutes
(continued)

71
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. July Term 1842

p 269 (continued)
in behalf of the State of Missouri being also present. The Defendant says that he cannot deny but that he is guilty as charged in said bill of indictment and the premises being heard and fully understood the Court do find that the said Defendant be fined the sum of ten dollars together with costs of suit in this behalf laid out and expended for all of which execution may issue.

State of Missouri Plaintiff
vs                                                   Indictment for gaming
John R. McFadden Defendant
Now at this day came the Defendant in his own proper person and the Circuit Attorney being also present, the Defendant says that he cannot deny but that he is guilty as charged in said bill of Indictment and the premises being heard and fully understood the Court do find that the said Defendant be fined the sum of ten dollars together with costs of suit in this behalf laid out and expended for all of which execution may issue.

State of Missouri Plaintiff
vs                                                   Indictment for Misdemeanor in Office.
James Dollison Defendant
Now at this day came the Defendant in the above cause in his own proper person and the Circuit Attorney being also present, the Defendant says that he cannot deny but that he is guilty as charged in said bill of Indictment and the premises being heard and fully understood the Court do find that the Defendant be fined the sum of ten dollars together with costs of suit in this behalf laid out and expended for all of which execution may issue.

p 270.
James W. Blakey Complainant
vs                                                   Bill in chancery
William Sanders Respondent
This day came the Complainant by his solicitor and filed here in Court his bill in the above cause and the respondent voluntarily appearing and filing his demurer and all matters and things being fully understood by the Court said demurer is overruled and said respondent has leave to file his answer in vacation (and it is further ordered by the Court that the said William Sanders, the above respondent be restrained from the collection of the residue of money now due of which may hereafter fall due in consequence of the sale of the land specified in the above named bill) and that all proceedings be stayed in the suit instituted in this Court for the collection of part of said money until the final hearing of said bill.

p 271.
William McFarland, admin.
vs                                                   Debt
James Eastham, Rebecca Eastham, Samuel Austin, James Beal
Now at this day came the parties by their attorneys and the Defendants by their attorneys files their pleas in said cause and the Plaintiff files his special demurer to the 2nd and 3rd pleas of said Defendants and all and singular the premises being seen and fully understood by the Court, it is considered by the Court that the 2nd and 3rd plea of the Defendants are insufficient. And the Court do find that the said writing obligatory is the deed of the said Rebecca Eastham, Samuel Austin sen and James Beal and that the said Defendants are indebted to the Plaintiff in the sum of $238.09. Therefore it is considered by the Court that the said Plaintiff have and recover of and from the said Defendants the aforesaid sum of $238.09 for his debt and damages together with his costs in this behalf laid out and expended for all of which execution may issue.

72
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
July Term 1842

p 271
Alexander E. Cox Plaintiff
vs                                                   Appeal J.P.
Thomas H. Phillips Defendant
Now at this day came the parties by their respective attorneys and the Defendant by his Attorney moves the Court to dismiss said suit and for good cause shown the same is dismissed and it is considered by the Court that the said Defendant have and recover of and from the said Plaintiff his costs about his said suit laid out and expended for all of which execution may issue.

p 272.
Cyrus W. McCullock Plaintiff
vs                                                   Trespass
John W. Ball Defendant
Now at this day comes the Plaintiff and dismisses said suit. It is therefore considered by the Court that the said Defendant recover of the said Plaintiff his costs in this behalf laid out and expended and that execution issue therefore.

END OF JULY TERM 1842.

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