Abstract of Circuit Court Record Books 1840 - 1845

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

March Term 1842.
Book B.

p 206.
At a Circuit Court began and held at the Courthouse in the town of Springfield and the County of Greene on Monday the 21st day of March 1842 - present the Honorable Charles L. Yancey Judge, J. McBride esq. Circuit Attorney, Thomas Horn esq. Sheriff and Joshua Davis Clerk. The Sheriff of Greene County returns here in Court the Writ of venire facias to him directed with a pannel of Jurors thereon indorsed to serve as the Grand Inquest of the State of Missouri for the body of the County of Greene, to wit: Larkin Payne, William Parish, Elbert Martin, Robert Teague, John Marshall, Jeptha Mason, Marcus Boyd, William Y. Abbott, Thomas Prunty, John W. Danforth, Isaac Julian, Josiah Burney, Benjamin Beshears, R.P. Haden, John Pettyjohn, fifteen good and lawful men who having been duly sworn received a charge from the Court, retired from the Bar to consider of their presentments.

p 207.
State of Missouri Plaintiff
vs                                                   Indictment for gaming
John W. Dagen Defendant
This day came James H. McBride who prosecutes in behalf of the State of Missouri and the Defendant in his own proper person and for a plea thereof says he is not guilty and puts himself upon the County and the Circuit Attorney doth the like, thereupon came a Jury, to wit: C.A. Haden, A.H. Payne, L.D. Haley, J.T. Morton, Joseph Simmons, Thomas D. Childress, A.H. Walker, David Steele, Wm Guthry, William Folden, J.P.C. Langston, Joseph Burden - twelve good and lawful men subject to no just objection who being duly elected tried and sworn to render a true verdict and having heard the allegations and proofs returned into Court the following verdict, to wit: We the Jury find the Defendant not guilty as charged in said indictment. It is therefore considered by the Court that the said Defendant go hence without day.

State of Missouri Plaintiff
vs                                                   Indictment for gaming
E.R. Fulbright Defendant
(At recommendation of Attorney James H. McBride - he is not willing to further prosecute. Case dismissed)

State of Missouri Plaintiff
vs                                                   Indictment for gaming
R.B. Coleman Defendant
(At recommendation of Attorney James H. McBride - he is not willing to further prosecute. Case dismissed)

p 208. Tuesday morning 22 March 1842
State of Missouri Plaintiff
vs                                                   Indictment for gaming
G.W. Rice Defendant
(At recommendation of Attorney James H. McBride he is not willing to further prosecute. Case dismissed.)

State of Missouri Plaintiff
vs                                                   Indictment for gaming
T.H. Bunch Defendant
(at Recommendation of Attorney James H. McBride - he is not willing to further prosecute. Case dismissed)

49
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. March Term 1842

p 209.
State of Missouri Plaintiff
vs                                                   Indictment for gaming
N.B. Dunnegan Defendant
(At recommendation of Attorney James H. McBride - He is not willing to further prosecute. Case dismissed)

State of Missouri Plaintiff
vs                                                   Indictment for gaming
James Blackwell Defendant
(At recommendation of Attorney James H. McBride - He is not willing to further prosecute. Case dismissed)

p 210.
State of Missouri Plaintiff
vs                                                   Indictment for gaming
John Jones Defendant
This day came James H. McBride who prosecutes in behalf of the State of Missouri and the Defendant by his attorney and for a Plea thereof says he is not guilty and puts himself upon the County and the Circuit Attorney doth the like, and thereupon came a Jury, to wit: Guian Leeper, Charles Hatler, James W. Blakey, William Guthry, James Lee, Chesley Cannefax, Joseph Simmons, James H. Massey, C.A. Haden, B.A. James, R.A. Huffard, John F. Holland, twelve good and lawful men subject to no just objection who being elected tried and sworn to render a true verdict and having heard the allegations and Proof returned into Court the following verdict to wit: We the Jury find the Defendant guilty as charged in said indictment and assess the fine at $10.It is therefore considered by the Court that the State of Missouri have and recover of the said Defendant the aforesaid sum of $10 together with his costs in this behalf laid out and expended for all of which execution may issue.

State of Missouri Plaintiff
vs                                                   Indictment for gaming
Samuel G. Thompson Defendant
(At recommendation of Attorney James H. McBride - He is not willing to further prosecute. Case dismissed)

State of Missouri Plaintiff
vs                                                   Indictment for gaming
Jacob Painter Defendant
(At recommendation of Attorney James H. McBride -He is not willing to further prosecute. Case dismissed)

p 211
State of Missouri Plaintiff
vs                                                   Indictment for gaming
Jonathan Brawley Defendant
(Same as above)

State of Missouri Plaintiff
vs                                                   Indictment for gaming
Samuel Snow Defendant
(Same as above)

State of Missouri Plaintiff
vs                                                   Indictment for gaming
Waymin Summers Defendant
(Same as above)

50
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. March Term 1842

p 211.
State of Missouri Plaintiff
vs                                                   Indictment for gaming
J.R. McFadden Defendant
(At recommendation of Attorney James H. McBride - He is not willing to further prosecute. Case dismissed)

p 212.
State of Missouri Plaintiff
vs                                                   Indictment for gaming
R.J. McElhaney Defendant
(Same as above)

State of Missouri Plaintiff
vs                                                   Indictment for gaming
James Mlison Defendant
(Same as above)

State of Missouri Plaintiff
vs                                                   Indictment for gaming
H.F. White Defendant
(Same as above)

p 213.
State of Missouri Plaintiff
vs                                                   Indictment for gaming
Charles Hatler Defendant
(Same as above)

State of Missouri Plaintiff
vs                                                   Indictment for gaming
Guien Leeper Defendant
(Same as above)

State of Missouri Plaintiff
vs                                                   Attachment for disobedience of Process
Wayne Burden Defendant
This day came the Defendant by his attorney and files his motion to release the said Defendant and for good cause shown, it is considered by the Court that he be discharged and that he go hence without day.

State of Missouri Plaintiff
vs                                                   Indictment for gaming on Sunday
John Jones Defendant
On motion of the Prosecuting Attorney, James H. McBride, and for good cause shown it is considered by the Court that an alias capias issue in the above cause directed to the Sheriff of Greene County returnable to the next term of this Court.

p 214.
State of Missouri Plaintiff
vs                                                   Indictment for keeping gaming house
R.J. McElhaney Defendant

This day came James H. McBride who prosecutes in behalf of the State of Missouri and the Defendant in his own proper person and for a Plea says he is Not Guilty and puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit:
(continued)

51
GREENE COUTTY, MISSOURI, CIRCUIT COURT CASES

Book B. March Term 1842

p 214(continued)
James Massey, Joseph Simmons, William Guthry, Enoch Jessup, A.H. Payne, A.S. Bone, Jacob Painter, Randolph Lanham, Elijah Gray, John Nash, John H. Smith, James T. Sanders, twelve good and lawful men liable to no just objection having been duly elected tried and sworn to render a true verdict and having heard the allegations and proof returned into the Court the following verdict - "We the Jury find the Defendant not guilty as
charged in the said indictment." It is therefore considered by the Court that the said State of Missouri take nothing by her said Writ, that the Defendant be discharged and that he go hence without day.

State of Missouri Plaintiff
vs                                                   Indictment for gaming
John W. Ball Defendant
This day came John W. Ball into Court and Charles A. Haden, his security, who acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of $50 each to be levied of their respective goods chattles lands and tenements for the use of said State of Missouri to be void on this condition that is to say if the said J.W. Ball, the Defendant, do make his appearance in his own proper person at the Courthouse in the town of Springfield on the first day of the next term of said Court which commences on the third Monday in June, next, to answer an indictment against him in said Court for gaming and not depart the same without leave thereof otherwise to remain in full force.

p 215.
Christopher McElhannan Plaintiff
vs                                                   Appeal J.P.
John Dixon Defendant
(Dixon's appeal voluntarily dismissed)

Samuel Harris Plaintiff
vs                                                   Slander
Abram Woody Defendant
This day came the Defendant by his attorney and moves the Court to rule the Plaintiff in the above cause to Security for costs which motion is sustained by the Court, and that he file his bond with Security for costs 30 days before the next term of next Court.

p 216.
G.N. Shelton Plaintiff
vs                                                   Debt
L. Hendricks and John Edwards Defendants
(Defendants file for change of venue)

State of Missouri Plaintiff
vs                                                   Indictment for gaming
Thomas P. Henry Defendant
(At recommendation of Attorney James H. McBride - he is not willing to further prosecute. Case dismissed)

State of Missouri Plaintiff
vs                                                   Indictment for Gaming
R.K. Payne Defendant
(Prosecuting Attorney moves Court to award alias capias in this cause)

52
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. March Term 1842

p 217
State of Missouri Plaintiff
vs                                                   Indictment for Gaming
John Tunley Defendant
(Cause continued)

p 218.
John Smith Plaintiff
vs                                                   Debt
James Lee Defendant
(Cause continued)

A. Tappan, etc Plaintiff
vs                                                   Trespass on the case
J.S. Phelps and Mary Phelps Defendants
(Cause continued)

Craighead and Allen Plaintiff
vs                                                   Trespass on the case
J.S. Phelps and Mary PheIps (Cause continued)

(Cases of William Guthry vs James T. Sanders - Debt and State of Missouri vs William Plitt - gaming - continued)

p 219.
State of Missouri vs Charles Cline gaming - continued
State of Missouri vs Joseph Malugin gaming alias writ awarded
State of Missouri vs E.M. Massey gaming case dismissed
State of Missouri vs Wade Burden Attachment for disobedience - dismissed.

p 220. Wednesday morning.
Samuel Harris vs Abram Woody Slander continued
Noel Cates vs B.W. Cannefax Assumpsit continued
Henry Fulbright vs Elbert Martin Trespass - continued
Jesse Tiner vs Joseph Crutchfield Trespass - continued

p 221.
Noel Cates Plaintiff
vs                                                   Trespass
B.W. Cannefax Defendant
This day came the Defendant by his attorney and moves the Court to suffer him to withdraw his Plea of non-assumpsit and leave is hereby given him to withdraw.

Samuel Burk Plaintiff
vs                                                   Appeal J.P.
Peter Apperson Defendant
This day came the parties in the above cause by their attorneys and the said Defendant by his attorney says he is not willing to further prosecute his said appeal but voluntarily suffers the same to be dismissed. It is therefore considered by the Court that the said Plaintiff have and recover of him the said Defendant his costs in this behalf laid out and expended for all of which execution may issue.

53
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. March Term 1842.

p 222.
William Britt Plaintiff
vs                                                   Appeal J.P.
John S. Phelps Defendant
This day came the parties by their attorneys and the Defendant by his attorney says he is not willing any further to prosecute his said appeal but voluntarily suffers the same to be dismissed. It is therefore considered by the Court that the papers be remanded back to the Justice Court from whence they came and that the Plaintiff have and recover of said Defendant his cost about this appeal laid out and expended for all of which execution may issue.

Joseph H. January Plaintiff
Assignee of S.F. January
vs                                                   Petition in debt
John S Phelps Defendant
This day came the parties in the above cause by their attorneys and the Defendant by his attorney saying nothing against the said Plaintiff's demand which is founded on an instrument of writing and the amount ascertained thereby and neither party requiring a Jury the Court sitting as a Jury do find that the Defendant owes and stands justly indebted to the said Plaintiff in the sum of $221.50 debt and $14.76 damages with 10% interest. It is therefore considered by the Court that the said Plaintiff have and recover of said Defendant the aforesaid sums of $221.50 debt and the further sum of $14.7'6 damages for the detention thereof with 10% interest together with his costs in this behalf laid out and expended for all of which execution may issue.

Samuel F. January Plaintiff
vs                                                   Appeal J.P.
John Holcomb Defendant
(Plaintiff no longer wishes to prosecute. Case dismissed)

p 223.
John Phillips Plaintiff
vs                                                  
Benjamin M. Jewett & Joseph Crutchfield Defendants
This day came the parties by their attorneys and neither party requiring a Jury the cause was submitted to the Court, the demand being founded on an instrument of writing and the amount being ascertained thereby, the Court sitting as a Jury do find that the said Defendants owes and stands justly indebted to the Plaintiff in the sum of $188.58. It is therefore considered by the Court that the said Plaintiff have and recover of said Defendants the aforesaid sum of $188.58 for his debt and damages with interest at the rate of 10% together with his costs in this behalf laid out and expended for all of which execution may issue.

Alpheus Huff Plaintiff
vs                                                   Petition in debt
Cyrus Stark, Joel H. Haden,
John P. Campbell, John S. Phelps Defendants
This day came the parties by their attorneys and neither party requiring a Jury the cause was submitted to the Court and the demand being founded on an instrument of writing and the amount ascertained thereby, the Court sitting as a Jury do find that the said Defendants owes and stand justly indebted to the Plaintiff in the sum of $200 debt and $55.871/2 damages for the detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of said Defendants the aforesaid sum of $255.871/2 together with his costs in this behalf laid out and expended for all of which execution may issue.

54
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. March Term 1842

p 224
Joseph Weaver Plaintiff
vs                                                   Petition in debt
Littleberry Hendrick Defendant
This day came the Plaintiff by his attorney and the Defendant having been thrice solemnly called came not but makes default. The demand being founded on an instrument of writing and the amount being ascertained thereby the Court sitting as a Jury do find that the said Defendant owes and stands justly indebted to the Plaintiff in the sum of $444.87 for his debt and $16.011/2 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 sum of $457.481/2 together with his costs in this behalf laid out and expended for all of which execution may issue.

James Clemens Jr Plaintiff
vs                                                   Petition in debt
J.T. Sanders and J.C. Price Defendants
This day came the parties by their attorneys and neither party requiring a Jury and the demand being founded on an instrument of writing and the amount being ascertained thereby the Court sitting as a Jury after hearing argument of counsel in the case the premises being understood by the Court do find that the Defendants, James T. Sanders and John C. Price owes and stands justly indebted to the said Plaintiff the sum of $814.61 for his debt and the sum of $67.88 for the detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of the said Defendants the aforesaid sum of $883.49 and interest at the rate of 10% together with his costs in the behalf laid out and expended for all of which execution may issue.

p 225.
John H. Smith Plaintiff
vs                                                   Petition in debt
Alfred S. Bone 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 being ascertained thereby the Court do find that the said Defendant Afred S. Bone, owes and stands justly indebted to the said Plaintiff in the sum of $165.00 for his debt and $35.06 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 sum of $200.06 with interest at the rate of 10% together with his costs in this behalf laid out and expended for all of which execution may issue.

William Guthry Plaintiff
vs                                                   Petition in debt
James T. Sanders Defendant
This day came the parties by their attorneys and neither party requiring a Jury this cause is submitted to the Court, the demand being founded on an instrument of writing and the amount being ascertained thereby the Court sitting as a Jury do find that the said Defendant owes and stands justly indebted to the Plaintiff in the sum of $400 for his debt and $4.25 for his damages for the detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of said Defendant the aforesaid sum of $404.25 for his debt and damages with interest at the rate of 6% together with his costs in this behalf laid out and expended for all of which execution may issue.

p 226.
Sarah Carter Plaintiff
vs                                                   Appeal
Littleberry Hendricks Defendant
This day came the parties by their attorneys and neither party requiring a Jury this cause is submitted to the Court the premises being heard and understood by the Court
(continued)

55
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. March Term 1842

p 226 (continued)
the demand being founded on an instrument of writing and the amount being ascertained thereby the Court sitting as a Jury do find that the said Defendant owes and stands justly indebted to the Plaintiff in the sum of $154.18 for her debt and damages. It is therefore considered by the Court that the said Plaintiff have and recover of said Defendant the aforesaid sum of $154.18 together with her costs and charges in this behalf laid out and expended for all of which execution may issue.

p 227.
Lee Stratton & Remington Plaintiff
vs                                                   Attachment
Samuel F. January Defendant
This day came the Plaintiffs by their attorney and it appearing to the satisfaction of the Court that the said Defendant cannot be summoned and that his property and effects are attached and the Defendant not having appeared and answered the Plaintiff at the return term of this Writ, on motion of the Plaintiff it is ordered by the Court that publication be made notifying him the said Defendant that an action of assumpsit has been commenced against him on a note for the sum of $642.59 that his property has been attached and that unless he appear at the next term of this Court and or before the third day thereof Judgment will be rendered against him and his property sold to satisfy the same. And it is further ordered that the said notice be published in some newspaper printed in the State for four weeks successively that the last insertion be at least three weeks before the next term of this Court.

Joseph H. January Plaintiff
vs                                                   Attachment
Samuel F. January Defendant
This day came the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the said Defendant cannot be summoned and that his property and effects are attached and the Defendant not having appeared and answered the Plaintiff it is ordered by the Court that Publication be made notifying him, the said Defendant, that an action -of petition in debt for $359.18 on a note has been commenced against him, that his property has been attached and that unless he appear at the next term of this Court and on or before the third day thereof Judgment will be rendered against him and his property sold to satisfy the same. And it is further ordered that the said notice be published in some newspaper printed in this State for four weeks successively the last insertion to be at least 3 weeks before the next term of this court.

p 228.
Gabriel N. Shelton Plaintiff
vs                                                   Petition in debt
Littleberry Hendricks & John Edwards Defendants
And now at this day comes the Defendants by their attorneys and filed their petition fora change of venue in the above cause for reasons in the said petition set forth. And theCourt having examined said petiti0n and being satisfied of the sufficiency thereof do order that the said cause and the papers in said cause be sent to the County of Barry in the time required by Law. And it is therefore ordered that a change of venue be awarded to the County of Barry in said cause.

p 229.
William McFarland & Martha A. McFarland
vs                                                   Petition for partition of land
James Eastham & Rebecca Eastham his wife and
John Henry Moore, John Roberts Moore,
and Mary A.E.R. Moore
Now at this day came the said William McFarland and Martha Ann McFarland petitioners
(continued)

56
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. March Term 1842

p 229 (continued)
for the partition of certain real estate described in this petition and it appearing to -the Court that due notice of the presentation of said partition had been given to all parties interested in said real estate according to Law by publication in eight weeks successively in the OZARK EAGLE a Paper published in said County of Greene of an order made by Clerk in vacation on motion of the said Plaintiffs. It is ordered that all parties interested shall appear and plead before the adjournment of the Court that John Roberts Moore and Mary A.E.R. Moore are minors under the age of 21 years. It is ordered by the Court that John L. Phelps be appointed as guardian
ad litem to said John Roberts Moore and Mary A.E.R. Moore.

This day came the Grand Jury into Court and returns the following bills of indictments - to wit:
Charles Hatter, Guien Leeper, Harvey F. White, Richard B. Coleman - a true bill
Also one against Thomas P. Henry, a true bill
Also one against James Allison, a true bill
Also one against James Allison, a true bill
Also one against R.J. McElhaney, George W. Rice, Samuel H. Bunch, Waymire Summers, Jacob Painter, J.R. McFadden - a true bill.

So signed by Larkin Payne, foreman. And the Grand Jury having no further business were discharged by the Court ordered Court adjourn until tomorrow morning 8 o'clock.
C.L. Yancey Circuit Judge

p 230. Thursday Morning 24 March
State of Missouri Plaintiff
vs                                                   Indictment gaming
Jacob Pa inter Defendant
This day came Jacob Painter and John L. Waddill who is by leave of the Court taken as his security, who acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of $50 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 on the condit ion that is to say if the said Defendant do make his appearance in his own proper person at the Courthouse in the town of Springfield on the first day of the next term of the said Court which commences on the third Monday after the fourth Monday in June, next, and answer an indictment against him in said Court for Gaming and not depart the same without leave thereof - otherwise to remain in full force.

p 231.
Lee Stratton & Remington Plaintiffs
vs                                                   Attachment
Samuel F. January Defendant
Now at this day came the said Plaintiffs by their attorney and on their motion and for -good cause shown leave is given to file interrogatories to the several persons summoned as garnishees in the cause, to wit: B.T. Nowland, R.J. McElhaney, John S. Wills, Thomas D. Pullen, William B. Farmer and Jesse Girard, which said interrogatories were by said Plaintiffs filed.

57
GREENE COURTY, MISSOURI, CIRCUIT COURT CASES

Book B. March Term 1842
p 233.
John Dixon Plaintiff
vs                                                   Petition to forclose mortgage
James Pankey Defendant
This day came the Plaintiff by attorney and it appearing to the satisfaction of the Court that the said Defendant had been legally notified by publication in the OZARK EAGLE and the said Defendant being thrice solemnly called to come into Court came not but made default and it appearing to the satisfaction of the Court that said Pankey the above named Defendant had executed a mortgage deed to the said Plaintiff John Dixon bearing date the 19th day of December 1939 for the following described tract of land, to wit: The SW qtr of the SW qtr of section #125 TWP #28 Range #23 containing 40 acres situate in said County of Greene and State of Missouri, to secure the payment of a note executed to said Plaintiff by said Defendant for the sum of $105 due on the first day of May 1840. The Court do find that the said Defendant has not complied with the condition of the mortgage and the amount of the debt of said Plaintiff is $105 and that he has sustained damage to the amount of $12 by reason of the detention thereof, wherefore it is considered by the Court that the said Plaintiff have and recover of said Defendant the aforesaid sum of $105 for his debt and $12 for his damages together with costs and that the Plaintiff have execution therefor directed to the Sheriff of Greene County commanding him to sell the above described tract of land for the payment of said Judgment.

p 234.
State of Missouri Plaintiff
vs                                                   Indictment for gaming
R.J. McElhaney Defendant
This day came R.J. McElhaney, principal, and Peter Apperson, his security, who acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of $50 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 on this condition that is to say if the said Defendant make his appearance in his own proper person at the Courthouse in the town of Springfield on the first day of the next term of said Court which commences on the third Monday after the fourth Monday in June, next, and answer an indictment against him in said Court for gaming and not depart the same without leave thereof otherwise to remain in full force.

Benjamin M. Jewett Plaintiff
vs                                                   Trespass on the case
Rodham K. Payne Defendant
Now at this day came the parties aforesaid by their respective attorneys and thereupon came a Jury, to wit: Joseph Burden, Edmund Thompson, Jesse Girard, William McFarland, Benjamin W. Cannefax, Peter Apperson, Joseph Farrier, Joseph Headlee, Harrison J. Cane, Thomas B. Neaves, John W. Hancock and Chesley Cannef ax, twelve good and lawful men who being duly elected tried and sworn returned into Court the following verdict: "We the Jury find the Defendant did undertake and promise in manner and form as the Plaintiff in his declaration has alledged and we assess the damages by reason of the nonperformance of the said several promises and undertakings by the Plaintiff sustained and the sum of $332.70. It is therefore considered by the Court that the Plaintiff have and recover of the said Defendant the said sum of $332.70 damages and his costs and charges laid out and expended and that execution issue therefore.

p 235.
James L. Porter Plaintiff
vs                                                   Attachment
Christopher C. Walkup Defendant
Now at this day came the Plaintiff by his attorney and the order of publication having

(continued)

58
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. March Term 1842
p 235(continued)
been complied with by publishing a copy of the same for four weeks successively in the OZARK EAGLE, a weekly newspaper published in this State the last publication having been more than 30 days previous to the present March Term of this Court and the said Walkup having been three times solemnly called, but not appearing it is therefore considered by the Court that Judgment by default be rendered against the said Defendant and that a Writ of Inquiry be awarded returnable to the next term of this Court to ascertain the damages sustained by the said Plaintiff by reason of the nonperformance by the said Defendant of the promises and undertakings set forth in the said Plaintiff's declaration.

William McFarland &
Martha A. McFarland Plaintiffs
vs                                                   Petition for partition of Real Estate
James Eastham, Rebecca Eastham
John H. Moore, John Roberts Moore
Mary A.E.R. Moore Defendants
Now at this day came Chesley Cannefax, Joseph Burden and James Dollison, who were by the Court appointed commission to make partition of the tract of land in said petition mentioned and made their report that partition of said tract of land cannot be made without -great prejudice to the owners of the same and the Court being satisfied that said report is just and correct. It is therefore considered by the Court that the Sheriff of the County make sale of said tract of land and the appurtenances there unto belonging on the first day of the next term of this Circuit Court of this County at the Court House door and that said premises be sold on a Writ of one or two years from the date of said sale in equal payments with intent from date of sale at 10% per annum the purchaser to give bond with two good securities for the payment of said purchase money.

p 236.
State of Missouri Plaintiff
vs                                                   Indictment for gaming
R.J. McElhaney Defendant
This day came R.J. McElhaney principal and Peter Apperson Jr his security in the above cause and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars 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 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 thereof which commences on the third Monday after the fourth Monday in June, next, and answer an indictment preferred against him for gaming, and not depart the same without leave thereof. Otherwise to remain in full force and virtue.

p 237.
Friday morning 5 March 1842. Court met persuant to adjournment. Present as yesterday.

State of Missouri Plaintiff
vs                                                   Indictment for gaming
Jacob Painter Defendant
(Marked at side of page -"Previously entered on page 230" - this is correct)

Motions filed:
Turner & Voss vs E.B. McLean impleaded with D.V. McLean Debt of Judgment.
Joseph H. January vs Samuel F. January Attachment.
Benjamin M. Jewett vs Rodham K. Payne Motion to set aside verdict - overruled.

59
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
March Term 1842.

p 238.
William Guthry Plaintiff
vs                                                   Petition in Debt
James T. Sanders Defendant
This day came the Defendant in the above cause by his attorney and moves the Court for leave to amend the record of the Judgment in this cause so as to correspond with the Amount due on the note sued on which record of Judgment is entered at p. 225. It is ordered by the Court that the amount of said Judgment be and the same is hereby corrected so that the amount be $380.69 instead of $404.25 together with his costs for all of which execution may issue.

State of Missouri Plaintiff
vs                                          Indictment for becoming auctioneer without license.
B.H. Boone Defendant
This day came Joshua Davis clerk of the Greene Circuit Court and moves the Court to retax the costs in the above cause and for good cause shown it is ordered by the Court that the same be and the cosss in said cause is hereby retaxed. This day came Thomas Horn the Sheriff of Greene County by Nicholas R. Smith, his deputy, into Open Court and acknowledged the execution of an instrument of writing purporting to be a Sheriff's Deed conveying a certain tract of land sold by the said Sheriff - by his Deputy by virtue of an execution in hands at the instance of Joel H. Haden against Roadham K. Payne which said Deed conveyed the said land with its appurtenances to John P. Campbell. It is ordered by the Court that the said Deed be recorded according to Law.

p 239.
State of Missouri Plaintiff
vs                                                   Misdemeanor in Office.
James Dollison Defendant
This day came James Dollison principal and John R. McFadden his security and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars 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 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 thereof which commences on the third Monday after the fourth Monday in June, next, and answer an indictment preferred against him for gaming, and not to depart the same without leave thereof. Otherwise to remain in full force and virtue.

State of Missouri Plaintiff
vs                                                   Indictment for gaming
John R. McFadden Defendant
This day came John R. McFadden principal and James Dollison his security to answer an indictment preferred against him for gaming and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars 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 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 thereof which commences on the third Monday after the fourth Monday in June, next, and answer an indictment preferred against him for gaming, and not to depart the same without leave thereof. Otherwise to remain in full force and virtue.

60
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
March Term 1842.

p 240.
Nathan Boone Plaintiff
vs                                                   Petition in Debt
Abner Bryan Plaintiff
This day came the Plaintiff by his attorney and the Defendant having been thrice solemnly called came not but makes default, the demand being founded on an instrument of writing and the amount ascertained thereby, the Court setting as a Jury do find that the said Defendant owes and stands justly indebted to the said Plaintiff in the sum of $224.00 for his debt and $8.40 for his damages for the detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of said Defendant the aforesaid sum of $224.00 debt and $8.40 damages together with his costs in this behalf laid out and expended for all of which execution may issue.

Nuel Cates Plaintiff
vs                                                   Assumpsit
Benjamin W. Cannefax Defendant
This day came the Defendant in the above cause by his attorney and by leave of the Court files his plea of non-assumpsit and leave is hereby given to the said Defendant to plead specially at next term of the Court by serving the Plaintiff's attorney with a copy of said plea 30 days before the first day of the next term of this Court.

p 241.
John C. Price Plaintiff
vs                                                   In Chancery
James T. Sanders and William Sanders Defendants
On a motion of the Plaintiff leave is given him to file his bill against the Defendants and the Court doth enjoin the said Defendants, William Sanders and James T. Sanders and Co. until the further order of this Court. And the Court doth further adjudge and order that the said James T. Sanders and William Sanders deliver to N.R. Smith of Greene County all the notes and accounts and evidence of debt of the late firm of James T. Sanders and Co. who is hereby appointed a receiver to receive from the said William and James T. Sanders and to collect and take care of the sum until the further order of this Court. And it is further ordered by the Court that the said Smith execute bond and security to the said William and James T. Sanders and John C. Price in a penalty of $2000 faithfully to account for all monies and property which may come to his hands as receiver aforesaid. And the Court doth further order that the said Smith report his proceedings to the next term of this court.

END OF MARCH TERM 1842.

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