Abstract of Circuit Court Record Books 1853 - 1856

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

MARCH TERM 1855.

Monday Morning March 12, 1855.
p 199/200.
Be it remembered that a regular term of the Circuit Court began and held at the Court House in the town of Springfield on the 12th day of March A.D. 1855, were present the Honorable C.S. Yancey Circuit Judge, E. B.Boone Circuit Attorney, Samuel Fulbright Sheriff, A.G. McCracken Clerk.

Now at this day the Sheriff returned into Court the following venire or panel of Grand Jurors, to wit: H.R. Jarrett who was by the Court appointed foreman (1), John Yandle (2), James Thompson (3), William J. Coleman (4), David Wolf (5), Stanford Chapman (6), William Vaughn (7), A.H. Kelly (8), Joseph Gott (9), John Thurman (10), John Nurray (11), Thomas Tiller (12), James Harkness (13), T.N. Compton (14), W.B. Garroute (15), William B. Farmer (16), good and lawful men who being duly elected, charged and sworn retired to consider of their presentments.

68
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1855

p 200.
John Richards Plaintiff
vs                                                   Civil Action
Sanders Noble Defendant
This day comes the plaintiff by his attorney, as well as the Defendant in his own proper person and the said Defendant agrees to pay the costs of this suit and also withdraws and releases all causes of action upon the bond and the suit is dismissed at Defendant's costs.

State of Missouri Plaintiff
vs                                                   Indictment for Murder.
John A.J. Lee Defendant
(Cause continued until the next term of this Court.)

Ordered by the Court that J.V. Wallace and William Kelley be permitted to sign the Roll of Attorneys.

State of Missouri Plaintiff
vs                                                   Indictment for Gaming
Philip Martin Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri as well as the Defendant in his own proper person, who for a plea says that he cannot deny but that he is guilty in manner and form as he is charged in said flill of Indictment, and puts himself upon the mercy of the Court and was by the Court fined ten dollars. It is ordered by the Court that he make his fine by the payment of ten dollars, together with the costs of suit herein expended for all of which execution may issue.

p 201.
State of Missouri Plaintiff
vs                                                   Indictment for Gaming
William Webb Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri as well as the Defendant in his own proper person, who for a plea says he cannot deny but that he is guilty in manner and form as he is charged in said Bill of Indictment and puts himself upon the mercy of the Court and was by the Court fined ten dollars. It is therefore considered by the Court that he make his fine by the payment of ten dollars together with the costs of suit herein expended for all of which execution may issue. It is ordered by the Court that the notes in the hands of Benjamin Potter, Administrator of the estate of Thomas Potter and late Sheriff of Greene County one on Shelton H. McKenney and George McKenney for $540 and the other on John W. Thrower and Joseph Chaffin for $192 be delivered to the Sheriff of the County of Greene and take his receipt therefor and when said money is paid the said Sheriff shall make deed to the parties as purchasers of the real estate of James Day and that said Sheriff pay out to each heir entitled to distribution after deducting the costs of this partition.

Junius T. Campbell
Deed to
Benjamin W. Cannefax
Now at this day comes Junius T. Campbell who is known to the Court to be the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed
(continued)

69
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1855.

p 201 (continued)
and who is known to the Court as the former Sheriff of Greene County and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.

Junius T. Campbell
Deed to
Benjamin C. Hardin
Now at this day comes Junius T. Campbell who is known to the Court to be the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed and who is known to the Court as the former Sheriff of Greene County and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.

p 202.
State of Missouri Plaintiff
vs                                                   Felonious Assault
Terry G. Price Defendant
(Cause continued to next term of this Court)

State of Missouri Plaintiff
vs                                                   Indictment for Gaming
John M. Hopper Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and by leave of the Court says that he will not further prosecute his said suit but will suffer the same to be dismissed. It is therefore ordered by the Court that the State of Missouri take nothing by her said Writ and that the Defendant be hereof discharged and go hence without day.

p 203.
State of Missouri Plaintiff
vs                                                   Sabbath Breaking
Carroll Thomas Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and by leave of the Court says that he will not further prosecute his said suit but will suffer the same to be dismissed. It is therefore ordered by the Court that the State of Missouri take nothing by her said Writ and that the Defendant be hereof discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Sabbath Breaking
George W. Bratlin Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and by leave of the Court says that he will not further prosecute his said suit but will suffer the same to be dismissed. It is therefore ordered by the Court that the State of Missouri take nothing by her said Writ and that the Defendant be
hereof discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Indictment for gaming
Carrol Thomas Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and by leave of the Court says that he will not further prosecute his said suit but will suffer the same to be dismissed. It is therefore ordered by the Court that the State of Missouri take nothing by her said Writ and that the Defendant be
hereof discharged and go hence without day.

70
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1855.

p 203.
State of Missouri Plaintiff
vs                                                   Indictment for Gaming
George W. Bratlin Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and by leave of the Court says that he will not further prosecute his said suit but will suffer the same to be dismissed. It is therefore ordered by the Court that the State of Missouri take nothing by her said Writ and that the Defendant be
hereof discharged and go hence without day.

p 204.
Now at this day comes into Court the Grand Jury empannelled and sworn on the first day of this Term of the Court and presented the following Indictments: State of Missouri vs James Shehane and Bartholomew Spence for Sabbath Breaking.

State of Missouri vs Jefferson Clayton for Felonious Assault.

This day comes into Court, Samuel Fulbright, Sheriff of Greene County and presents his report of the sale of the real estate of James W. Blakey, Deceased, for the purpose of partition which said report was by the Court approved. It was therefore ordered by the Court that the Sheriff make a Deed to Jabes Owen for said real estate.

Samuel Fulbright
Deed to
Jabez Owen
Now at this day comes into Court Samuel Fulbright, who is known to the Court to be the identical person whose name appears in an instrument of writing purporting to be a Sheriff's Deed, and who is known to the Court as the Sheriff of Greene County, and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.

p 205.
Lucia Aldridge et al Petition for Partition.
Now at this day comes into Court here Lucia Aldridge, Bedford R. Aldridge, William 0. Hensley and Malinda his wife, Micajah Aldridge and Elizabeth his wife for themselves and Lucia F. Aidridge, Elizabeth A. Aldridge, Rufus T. Aldridge and Nathaniel T.Aldridge by their guardian Micajab Aldridge partitioners who show to the Court here that they are heirs to Richard Aldtidge, deceased, and that the said Richard Aldridge died intestate sometime in the year 1851 seized of the following described real estate situate in the County of Greene, State of Missouri, Viz: the NW 1/4 of the NE 1/4 of Sect 30 TWP 30 Range 19 containing 40 acres, and that said petitioners represent by their mutual petition that they are each seized of one undivided ninth part of said land as
tenants in coparcenary and the said petitioners pray for an order of partition and division of said land giving to each one-ninth part of said land. And it appearing to the Court that partition of the land cannot be made without great prejudice to the owners, and all and singular the premises being seen and by the Court Fully understood. It is ordered, decreed and adjudged by the Court that a sale of said land be made according to the prayer of said petitioners, giving to each of the above named persons respectively distributees one-ninth part of the proceeds arising from the sale of said described land after paying the expense of said sale.

71
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1855

p 205.
State of Missouri Plaintiff
vs                                                   Indictment for Felonious Assault
Jefferson Clayton Defendant
Now at this day comes into Court the Defendant as principal and N.A. Davis and J.V. Wallis as his securities and acknowledge themselves to owe and stand justly indebted unto the State of Missouri in the full and just sum of $400 each to be levied of their respective goods and chattels lands and tenements. To be void, however, upon this condition, that the said Jefferson Clayton make his personal appearance before the Judge of our Greene Circuit Court at a Court to be holden at the Court House in the city of Springfield on the second Monday in September 1855 then and there to answer to an Indictment for Felonious Assault and not depart said Court without leave and otherwise abide the order Judgment and Decree of the Court.

p 206.
State of Missouri Plaintiff
vs                                                 Unlawfully Taking Possession of Real Estate
Henry Sheppard, John S.
Kimbrough, J.S. Moss Defendants
Now at this day comes the Circuit Attorney who prosecutes in the behalf for the State of Missouri as well as the Defendants in their own proper persons who for a plea say they are not guilty in the manner and form as charged in said Bill of Indictment, and put themselves upon the Country for trial and the Circuit Attorney doth the like, and thereupon comes a Jury, viz: Terry G. Price, Hosea Mullings, Abraham Woody, James Potter, Thomas C. Blakey, John Donnell, Daniel Chandler, A.H. Payne, James Faulkner, Thomas Bridges, Augustus Stephenson and John A. Lee, twelve good and lawful men, duly elected, charaed and sworn to well and truly try the issue joined in this cause, and after hearing a portion of the evidence and not having time to complete the same were
permitted to disperse under the rule of the Court.

State of Missouri Plaintiff
vs                                                 Unlawfully Taking Possession of Real Estate
Henry Sheppard, et al Defendants
This day comes the parties by their attorneys and by leave of the Court, Defendants' attorney files herein a motion to exclude all the testimony going to show a renting of the premises mentioned in said indictment, and all and singular the premises being seen and by the Court understood it is ordered that said motion be sustained.
This day comes Samuel Fleadlee and Elisha Headlee, administrators of the estate of Caleb Headlee, deceased, by their attorney, and present their petition to the Court praying for an order requiring the Sheriff to pay to said administ rators the sum of $508.13 being the amount advanced by said administrators in payment of debts allowed against said estate. And all and singular the premises being seen and by the Court fully understood, it is ordered and decreed by the Court that the Sheriff of Greene County to pay over to Samuel Headlee and Elisha Headlee, administrators as aforesaid the sum of $508.13 out of the proceeds of the sale of the real estate of said deceased.

p 207 - nil

p 208.
Ordered by the Court that attachment issue against William T. Burford, Jacob Carpenter, Nicholas Campbell, James Barnes Jr, John C. Arthur, James E. Barklee, Wm. E. Gott, John Feaster, Elbert Fenster, Alvis Cobb, John McDaniel and George W. Hopkins, witnesses in the case of the State vs Daniel Gray directed to the Sheriff of Benton County, Mo. returnable to the 7th day of the next term of this Court.

72
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1855.

p 208.
G.W. Watson Plaintiff
vs                                                   Civil Action
R.M. Jones Defendant
Now at this day comes the Plaintiff by his attorney and files herein a petition praying for a Change of Venue in this cause, and all and singular the premises being seen and by the Court fully understood, it is ordered that a Change of Venue be awarded in said cause to the County of Webster and the Clerk of this Court is hereby required to make out a transcript of the record and proceeding of said cause with original papers in said cause.

p 209.
This day comes Samuel Fulbright Sheriff of Greene County and files herein an account against the estate of James W. Blakey for services and expenses attending the sale of lands of said Blakey for partition for the sum of $39.52 which by the Court is allowed.

State of Missouri Plaintiff
vs                                               For Taking Forcible Possession of Real Estate
Henry Sheppard et al Defendants
Now at this day comes the Jury in this cause empannelled and sworn on yesterday, and after hearing the evidence and arguments of Counsel in this cause, upon their oath do-say that they are unable to agree upon a verdict and by consent of parties were dis charged.

State of Missouri Plaintiff
vs                                                   Felonious Assault
Newlin B. Davis Defendant
Now at this day comes the Circuit Attorney who presents in this behalf for the State of Missouri as well as the Defendant in his own proper person who for a plea says he is not guilty in manner and form as he stands charged in said Bill of Indictment and puts himself upon the Country for trial and the Circuit Attorney doth the like and thereupon comes a Jury, to wit: James S. McQuirtre, James Garrison, Samuel Agnew, Junius T. Campbell, Chesley Cannefax, A.C. Thompson, Russell Breeden, John H. Akin, Jackson Thomas, Robert Broford, Thomas W. Sawyers and James P. Alexander twelve good and lawful men duly elected tried and sworn to well and truly try the issue joined in this cause and after hearing a portion of the evidence and not being time to complete the same were permitted to retire in charge of the Sheriff.

p 210. 15 March 1855 Thursday.
Oliver D. Filley Plaintiff
vs                                                  
Hugh Stuart Defendant
This day comes the Plaintiff by his attorney and by leave of the Court dismisses this cause as well as all the garnishees therein. It is therefore ordered and adjudged that Plaintiff take nothing by his said suit and that Defendant have and recover of and from the said Plaintiff his costs in this suit expended for which execution may issue.

Bridges and Brother Plaintiff
vs                                                  
Hugh Stuart Defendant
This day comes Plaintiff by his attorney and by leave of the Court dismisses this cause as well as all the garnishees therein. It is therefore ordered and adjudged that Plaintiff take nothing by his said suit and that Defendant have and recover of and from said Plaintiff his costs in this suit expended for which execution may issue.

73
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1855.

p 210.
State of Missouri Plaintiff
vs                                                   Gaming
Godfrey John Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf for the State of Missouri and says he will not further prosecute her said suit but will suffer the same to be dismissed. It is therefore ordered by the Court the State of Missouri take nothing by her said suit and that the Defendant be hereof discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Gaming
Hiram Friend Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf for the State of Missouri and says he will not further prosecute her said suit but will suffer the same to be dismissed. It is therefore ordered by the Court the State of Missouri take nothing by her said suit and that the Defendant be hereof discharged and go hence without day.

p 211.
State of Missouri Plaintiff
vs                                                  
Elias Friend Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf for the State of Missouri and says he will not further prosecute her said suit but will suffer the same to be dismissed. It is therefore ordered by the Court the State of Missouri take nothing by her said suit and that the Defendant be hereof discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Keeping Open House on Sabbath
Isaiah Clayton Defendant
Now at this day comes the Circuit Attorney who prosecutes on this behalf for the State of Missouri and says he will not further prosecute her said suit but will suffer the same to be dismissed. It is therefore ordered by the Court that the State of Missouri take nothing by her said Writ and that the Defendant be hereof discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Felonious Assault
John Hunt Defendant
Now at this day comes the Circuit Attorney who prosecutes on this behalf for the State of Missouri and says he will not further prosecute her said suit but will suffer the same to be dismissed. It is therefore ordered by the Court that the State of Missouri take nothing by her said Writ and that the Defendant be hereof discharged and go hence without day.

p 212. Friday Morning March 16 1855
George Cannefax and Robert Cannefax,
minors by their guardian, Sarah Cannefax,
Sarah Cannefax, William J. Cannefax, Joseph
Cannefax and Sarah J. Humphrey
Civil Action for Partition of Real Estate Exparte.-
(continued)

74
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.

p 212 (cont.)
Now at this day comes the said parties in the above cause praying for the partition of the real estate of Joseph Cannefax, deceased, and John Cannefax, deceased, according to the prayer of said petition which is hereunto attached and it appearing to the satis faction of the Court interest in said real estate are fully represented by petition, it is ordered and adjudged by the Court that Joseph Rountree, Kindred Rose and Jonathan Carthel be and they are hereby appointed to make partition of said real estate according to the prayer of said petition. Ordered by the Court that R.J. beal be permitted to sign the Roll of Attorneys.

B.D. Potter et al Plaintiff
vs                                                   Civil Action
T. Sharpenstein Defendant
Now at this day comes the parties by their attorneys and the Defendant moves that the cost accruing in this cause the present term of this Court be assessed against the Plaintiffs, and all and singular the premises being seen and by the Court fully understood, it is ordered and adjudged that the Defendant have and recover off and from the Plaintiffs their costs bad expended during this Term for which execution may issue.

p 213/214.
State of Missouri Plaintiff
vs                                                   Disturbing Public Worship
Addison Foren Defendant
This day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri as well as the Defendant by his attorney and files herein his plea in abatement which was by the Court sustained and Indictment quashed. It is therefore ordered by the Court that the State of Missouri take nothing by her said Writ and that the Defendant be hereof discharged and go hence without day.

p 2l4.
State of Missouri Plaintiff
vs                                                   Adultery
Joel Bradbury Defendant
This day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and on his motion it is ordered that an alias capias issue against said Defendant directed to the Sheriff of Taney County and returnable on the first day of the next Term of this Court.

p 215.
State of Missouri Plaintiff
vs                                                   Felonious Assault
James P. Dinkins Defendant
This day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and on his motion it is ordered that an alias capias issue against said Defendant directed to the Sheriff of Lawrence County and returnable on the first day of the next Term of this Court.

State of Missouri Plaintiff
vs                                                   Indictment for Adultery
Thomas House Defendant
This day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri, as well as the Defendant by his attorney, who for a plea says he is not guilty in manner and form as he is charged in said Bill of Indictment and puts himself upon
(continued)

75
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.

p 215 (continued)
the Country for trial and the Circuit Attorney doth the like and thereupon comes a Jury, to wit: Kindred Rose, M.B. Potter, J.A. Jarnegin, Jabez R. Townsend, Anderson Lattimer, Ripley R. Weaver, Samuel S. Vinton, Daniel Gray, Joseph H. Miller, James Faulkner, A.F. Bigbee and Ephraim R. Fulbright, twelve good and lawful men, duly elected, tried and sworn to well and truly try the issue joined in this cause and after hearing the evidence and arguments of Counsel upon their oath returned into Court the following verdict: "We the Jury find the Defendant not guilty as he stands charged in said Indictment. Jabez R. Townsend, foreman." It is therefore ordered and adjudged by the Court that the State of Missouri take nothing by her said writ, and that the Defendant be hereof discharged and go hence without day.

p 215/216.
George W. Sims Plaintiff
vs                                                   Civil Action
Terry G. Price Defendant
This day comes the Defendant by his attorney and files herein a motion to dismiss this Cause and the Premises being seen and by the Court understood it is ordered that said motion be sustained and this cause dismissed. It is therefore ordered that since Plaintiff take nothing by his said writ and that Defendant have and recover of and from said Plaintiff his costs had and expended in this cause for which execution may issue.

p 216.
State of Missouri Plaintiff
vs                                                   Cutting Wood on School Land
John McQuerter Defendant
At this time the motion to quash the Indictment in this cause coming up for hearing and all and singular the premises being seen and by the Court fully understood said motion was sustained. It is ordered that the State of Missouri take nothing by her said suit and that the said Defendant be hereby discharged and go hence without day.

p 217.
Sheriff's Deed
to
S.W. Headlee
Now at this day comes Samuel Fulbright who is known to the Court to be the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed and who is known to the Court to be the Sheriff of Greene County and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.

Sheriff's Deed
to
C.N. Headlee
Now at this day comes Samuel Fulbright who is known to the Court to be the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed and who is known to the Court to be the Sheriff of Greene County and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.

p 218.
James R. Danforth Plaintiff
vs                                                   Civil Action
N.M. Gillespie Defendant
Now at this day comes the Plaintiff by his attorney and says he will not further prosecute his said suit but will suffer the same to be dismissed. It is therefore ordered by
(continued)

76
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
March Term 1855.

p 218 (continued)
the Court that the said Plaintiff take nothing by his said suit and that Defendant have and recover off and from the said Plaintiff. his cost in this case expended for which execution may issue.

Agnis Sumers Plaintiff
vs                                                   Civil Action.
Z. Sims Defendant
Now at this day comes the Plaintiff by his attorney and says he will n0t further prosecute his said suit but will suffer the same to be dismissed. It is therefore ordered by the Court that the said Plaintiff take nothing by his said suit and that Defendant have and recover off and from the said Plaintiff his cost in this case expended for which execution may issue.

Jaines F. Hornbeak Plaintiff
vs                                                   Civil Action
John P. Campbell Defendant
Now at this day comes the Plaintiff by his attorney and says he will not further prosecute his said suit but will suffer the same to be dismissed. It is therefore ordered the Court that the said Plaintiff take nothing by his said suit and that Defendant have and recover off and from the said Plaintiff his cost in this case expended for which
execution may issue.

p 219.
State of Missouri Plaintiff
vs                                                   Indictment For Lac______Behavior
Sarah NcNary Defendant
Now at tbis day comes the said State of Missouri who procutes in this behalf and the said Sarah NcNary being three times solemnly called conies not but herein niakes default and the said John McNary being also thrice solemnly called and required to bring in the body of said Sarah McNary and he also thrice fails to do so, wherefore the recognizance entered into by the said Sarah McNary and John NcNary become forfeited. It is therefore ordered by the Court that the State of Missouri have and recover of the said Sarah McNary and John McNary the said sum of $100, the amount of said recognizance, and that a writ of sciri facias issue returnable on the first day of the next Term of this Court causing the said Sarah and John McNary to show cause why an execution should not issue herein.

p 220.
Sheriff's Deed
to
S.A. McKinley
Now at this day comes Samuel Fulbright who is known to the Court to be the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed and who is known to the Court to be the Sheriff of Greene County and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.

Sheriff's Deed
to
John Thrower
Now at this day comes Samuel Fulbright who is known to the Court to be the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed and who is known to the Court to be the Sheriff of Greene County and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.

77
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1855.

p 221.
State of Missouri Plaintiff
vs                                                   Indictment For Felonious Assault
Thomas J. Apperson Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri in this behalf as well as the Defendant, Thomas J. Apperson, and John W. Hancock and Elijah Gray, who acknowledged themselves to owe and stand indebted unto the State of Missouri in the full and just sum of $200 each to be levied upon their respective goods chattels lands and tenements, to be void upon condition that the said Thomas J. Apperson shall make his personal appearance before the Judge of our Greene Circuit Court at a Court be holden at the Court House in the City of Springfield on the second Monday in September 1855 on the first day of said Term then and there to answer an Indictment preferred against him in said Court for Felonious Assault and not depart said
Court without leave.

p 222.
A.B. Nephlis Plaintiff
vs                                                   Civil Action
Elizabeth Tate Defendant
Now at this day comes the Defendant by her attorneys and files herein her motion to quash the Writ in the above cause because it does not summon the Defendant to appear on the return day of said Writ. And the same being seen and by the Court fully understood the Defendant's said motion was by the Court sustained. It is therefore ordered by the Court that the Defendant have and recover of the Plaintiff his costs had and expended for which execution may issue.

Jarnes R. Danforth Plaintiff
vs                                                   Civil Action
A.W. Maupin et al Defendants
Now at this day comes the Defendants by their attorneys and files herein their motion to quash the Writ in the above cause because it does not summon the Defendant to appear on the return day of said Writ. And the same being seen and by the Court fully understood the Defendant's said motion was by the Court sustained. It is therefore ordered by the Court that the Defendant have and recover of the Plaintiff his costs had and expended for which execution may issue.

John W. Danforth Plaintiff
vs                                                   Civil Action
Joseph Carthel et al Defendant
Now at this day comes the Defendants by their attorneys and files herein their motion to quash the Writ in the above cause because it does not summon the Defendant to appear on the return day of said Writ. And the same being seen and by the Court fully understood the Defendant's said motion was by the Court sustained. It is therefore ordered by the Court that the Defendant have and recover of the Plaintiff his costs had and expended for which execution may issue.

C.B. Holland Plaintiff
vs                                                   Civil Action
A.W. Maupin & W.H. Graves Defendants
Now at this day comes the parties aforesaid and the said Defendant failing to answer the Plaintiff's petition and the suit being founded on a note of hand the Defendant consenting thereto. It is considered by the Court that Plaintiff have and recover of and from said Defendant the sum of $203.00 for his debt and $7.67 for his damages
(continued)

78
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1855

p 222. (continued)
together with the costs by him laid out and expended in prosecuting his suit for all of which execution may issue.

This day comes the Grand Jury in to Court and returns the following Bills of Indictment into Court

State of Missouri vs Henry S. Mason and Joseph Mason (charges not listed)

p 224 Monday Morning March 19, 1855. nil

p 225.
Sheriff's Deed
to
H. McKinley
Now at this day comes Samuel Fullbright who is known to the Court to be the identical person whose name appears on an instrument of writing purporting to be a Sheriff's Deed and who is known to the Court to be the Sheriff of Greene County and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.

C.S. Williams Plaintiff
vs                                                   Civil Action
Thomas Tiller Defendant
Now at this day comes again the parties by their attorneys and the motion to quash the Writ in this cause again coming on for hearing. And the same being seen and by the Court fully understood, said motion was sustained.

p 226.
G.P. Shackleford Plaintiff
vs                                                   Civil Action
Eliza Weaver and Sarah Shackleford,
Mary Shackleford and Eliza J. Shackleford
minor heirs of W. Shackleford, Deceased Defendants
Now at this day comes the parties by their attorneys and moves the Court that John S. Waddill be appointed guardian ad litim for said minor heirs and all things being seen and by the Court understood the said John S. Waddill was by the Court appointed said guardian ad liturn for said minors, to wit: Sarah, Mary and Elizabeth J. Shackleford minor heirs of William Shackleford, deceased.

p 227- Tuesday Morning March 20th
William Caldwell Plaintiff
vs                                                   Civil Action
Ambrose Nelson Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that Defendant had been served with process and having failed to answer and being three times solemnly called comes not. And the demand being founded on an instrument of writing signed by the Defendant and the same being submitted to the Court and all and singular the premises being seen and by the Court understood it is ordered and adjudged that the Plaintiff have and recover of and from the said Defendant the sum of $1600 for his debt and damages and also his costs had and expended in this cause for which execution may issue.

79
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.

p 227.
Now at this day comes the Grand Jury into Court and returns the following Bill of Indictment:

State of Missouri vs John Dunn trading with slaves.

p 228.
State of Missouri Plaintiff
vs                                                   Indictment for Trading With Slaves
John Dunn Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri as well as the Defendant John Dunn and James Dunn who acknowledge themselves to owe and stand justly indebted to the State of Missouri in the sum of $200 each to be levied upon their respective goods and chattles, lands and tenements to be void upon condition that the said John Dunn shall make his personal appearance before the Judge of our Greene Circuit Court at a Court to be holden at the Court House in the town of Springfield on the second Monday of September 1855 on the first day of said Term then and there to answer to an indictment preferred against him in said Court for unlawfully trading with slaves and not depart said Court without leave.

T.C. Blakey Plaintiff
vs                                                   Civil Action by Attachment
Austin Mills Defendant
Now at this day comes the parties by their attorneys and Defendant pleaded in abatement whereupon issue was joined and the parties announcing themselves ready for trial thereupon came a Jury, to wit: William S. Appleby, William Townsend, Frederick Goss, C.B. Henslee, Absalom Ketner, John R. Weaver, William Webb, I.W. Faught, Charles B. Ellis, Denny Turner, Robert Caldwell and John B. Perkins, twelve good and lawful men duly
elected, tried and sworn to well and truly try the issue joined in this cause. After hearing the evidence and arguments of attorneys retired to consider of their verdict, and again returning into Court do upon their oaths aforesaid present the following verdict, to wit: "We the Jury find the issue in favor of the Defendant, William Townsend foreman." It is therefore ordered and adjudged by the Court that the said Plaintiff take nothing by his said suit and that the Defendant have and recover of and from said Plaintiff his costs had and expended for which execution may issue.

Nancy Ann Inman Plaintiff
vs                                                   Civil Action
Peter Ussery Defendant
Now at this day comes the Defendant by his attorney and moves the Court that Plaintiff's present husband be made a party to this suit which was by the Court ordered and this cause is continued by consent until the next term of this Court.

p 229.
Sheriff's Deed
to
Joseph S. Weaver
Now at this day comes Samuel Fulbright who is known by the Court to be the identical person whose name appears on an instrument of writing purporting to be a Sheriff's Deed and who is known to the Court to be the Sheriff of Greene County and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.

80

March Term Continued
Table of Contents