Abstract of Circuit Court Record Books 1840 - 1845

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

May Term 1843

p 307.
At a circuit Court began and held at Springfield Greene County Mo., agreeably to an act of the Legislature of the said State of Missouri entitled "An act to fix the time and place of holding Circuit Courts" the time filed by said Act being 15th day of May A.D. 1843 said Court met agreeably thereto. Present the Honorable Chas. S. Yancey
Circuit Judge,____________ who prosecutes in behalf of the State of Missouri, Thomas B. Neaves esq Sheriff and Joshua Davis Clerk.

Now at this day came Thomas B. Neaves Sheriff of Greene County and returned here into Court the following venire of Grand Jury, to wit: Joseph Weaver foreman, Caleb Headlee, Archibald Young, Richard Whitlock, Isaac Julian, Wilson Hackney, John K. Kershner, John Smith, William Pryor, Denny Turner, John Williamson, Robert Beatie, Spencer E. Boomes, Solomon Cotner, Samuel Greer and John C. Boone, sixteen good and lawful men who being elected tried and sworn, received a charge from the Court and retired to consider of their presentments.

George W. Carpenter Plaintiff
vs                                                   Debt
James J. Mills and William P. Shackleford Defendants
This day came William P. Shackleford and the Plaintiff by his attorney who having filed a note against Defendants and the said Defendants say they cannot deny but they owe and
(continued)

85
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
May Term 1843
p 307 (continued)
stand justly indebted to the Plaintiff in the sum of $197.50 for his debt and damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the aforesaid debt damages and costs - and it is further agreed that no execution issue until the 1st of Feb. 1844.

p 308.
State of Missouri Plaintiff
vs                                                   Indictment for selling liquor
Joel Phillips Defendant
This day came the Defendant by his attorney and the Circuit Attorney who prosecutes in behalf of the State of Missouri being also present. The Defendant being arraigned says he is not guilty of the charge prefered against him in said bill of indictment and of this he puts himself upon the County, and the Circuit Attorney doth the like and there upon came a Jury, to wit: William McFarland 1. Edward West 2. Michael Welch 3. Wm. P.Cox 4. Marcus Boyd 5. Spencer Clark 6. L.H. Sims 7. William Folden 8. Jesse Halbert 9. Thomas Potter 10. William Cawlfield 11. Larkin Payne 12, twelve good and loyal men elected tried and sworn upon their oath do say the said Defendant is guilty as charged in said Bill of Indictment and assess the fine at $20. It is therefore considered
by the Court that the said State of Missouri have and recover of and from the said Defendant the aforesaid sum of $20 together with her costs in this behalf laid out and expended for all of which execution may issue.

Zephaniah Turner & Wm. E. Voss
vs                                                  
E.B. McLean & John C. Sloss, Garnishee
This day came the said Plaintiffs by their attorney as well as the said Sloss garnishee and neither party requiring a Jury the same is submitted to the Court and the Court finds that the said Sloss was and is indebted to the said McLean in the sum of $22.78. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said John C. Sloss the aforesaid sum of $22.78 together with his costs for all of which execution may issue.

p 309.
State of Missouri Plaintiff
vs                                                   Surety of the Peace
Henry Lineweaver Defendant
This day came the Defendant by his attorney and moves the Court to dismiss the above cause for the want of a sufficient affidavit being filed, etc. and all and singular the premises being heard and fully understood. It is ordered by the Court that the same be dismissed and that the prosecutor pay the costs in this behalf laid out and expended for all of which execution may issue.

L. Hendrick admin.
vs                                                   Assumpsit
William Fulbright
This day came the Plaintiff in the above cause 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 and from the said Plaintiff his costs in this behalf laid out and expended for all of which execution may issue.

p 310.
On Motion it is ordered by the Court that William C. Jones, Aaron Finch, John R. Bedford, T.G. Coffee, M.H. Maddy, John R. Churrult, William H. Otter be permitted to sign the roll of attorneys.

86
GREENE COUNY, MISSOURI, CIRCUIT COURT CASES

Book B.
May Term 1843
p 310. Tuesday Morning May 16th 1843.
Thomas Woodward Plaintiff
vs                                                   Appeal J.P.
Alex Galbreath,
James Simmons, Garnishee
This day came the Plaintiff by his attorney as well as the said Garnishee, and neither party requiring a Jury the same is submitted to the Court, and the Court finds the said Simmons was and is indebted to the said Alexander Galbreath in the sum of twenty one 41/4/100 dollars. It is therefore considered by the Court that the said Plaintiff have and recover from the said Simmons Garnishee as aforesaid sum together with his costs for all of which execution may issue.

Joseph H. January
vs                                                   Attachment
Samuel F. January, R.J. McElhaney
and Garnishies
This day came the Plaintiff by his attorney as well as the said garnishies and neither party requiring a Jury the same is submitted to the Court, and the Court finds that the said Robert J. McElhaney was and is indebted to the said Samuel F. January in the sum of three hundred and thirty seven 35/100 dollars. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Robert J. McElhaney the aforesaid sum of four hundred and forty five dollars and 831/2 cents the amount of the said plaintiffs demand together with his costs in this behalf laid out and expended for all of which execution may issue. (added entry - and that he be allowed five dollars for his answering out of the money in his hands)

p 311.
State of Missouri Plaintiff
vs                                                   Gaming
Eldridge B. Miller Defendant
This day came the Defendant in the above cause by his attorney and the Circuit Attorney being also present the Defendant being arraigned says he is not guilty in manner and form as charged in said bill of indictment of which he puts himself upon the County and the Circuit Attorney doth the like, and thereupon came a Jury, to wit: Joseph Burden 1. S.A. Smith 2. G.M. Goss 3. Presley Beal 4. John Young 5. Henry Fulbright 6. Thomas H. Phillips 7. Randolph Moore 8. William Matlock 9. Eli Harland 10. Edward West 11. James Wyatt 12, twelve good and lawful men elected tried and sworn upon their oath says that the said Defendant is not guilty in manner and form as charged in said bill of indictment. It is therefore considered by the Court that the said Defendant go hence without day.

p 312.
State of Missouri Plaintiff
vs                                                   Gaming
Charles W. Young Defendant
This day came James H. McBride who prosecutes in behalf of the State of Missouri and says he will no further prosecute his said suit, but suffers the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said writ and that the Defendant go hence without day.

State of Missouri Plaintiff
vs                                                   Gaming
James Wills Defendant
This day came the Circuit Attorney who prosecutes in behalf of the State of Missouri and says he will no further prosecute his said suit and voluntarily suffers the same to be
(continued)

87
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
May Term 1843
p 312 (continued)
dismissed - it is therefore considered by the Court that the said State take nothing by her said writ and that the Defendant go hence without day.

p 313.
State of Missouri Plaintiff
vs                                                   gaming
Av't Hollinsworth Defendant
This day came the Circuit Attorney who prosecutes in behalf of the State of Missouri and says he will no further prosecute his said suit, but suffers the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said writ and that the Defendant go hence without day.

State of Missouri Plaintiff
vs                                                   Shooting
Levi Baker Defendant
This day came the Defendant by his attorney and moves the Court for a continuance in said cause and for good cause shown this cause is continued until the next term of this Court and that the Defendant pay the cost thereof.

State of Missouri Plaintiff
vs                                                   Larceny
John L.C. Huddleston Defendant
(cause continued until next term)

State of Missouri Plaintiff
vs                                                   Appeal J.P.
P. Apperson Defendant
(cause continued until next term)

Joseph Vaulx Plaintiff
vs                                                   Debt
B.W. Cannefax, executor
(Continued until next term)

p 314.
J.P. Campbell Plaintiff
vs                                                   Attachment
David 0. Harris, E.C. Moore Garnishee
This day came the Plaintiff in the above cause and dismisses his suit as to said E.C.Moore he having surrendered the property that was in his hands belonging to said Harris to the Sheriff of Greene County, Mo., and continues the same as to the residue of the Garnishees in said cause.

L. Hendrick
vs                                                   Assumpsit
Wm. Townsend and others
This day came the Plaintiff in the above cause and dismisses his said suit. It is considered by the Court that the Defendants have and recover of said Plaintiff their costs in this behalf laid out and expended for all of which execution may issue.

William Walker Plaintiff
vs                                                   Petition in Debt
Benj. Harper Defendant
This day came the parties by their attorneys and neither party requiring a Jury
(continued)

88
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
May Term 1843
p 314 (continued)
the cause is submitted to the Court and the demand being founded on two instruments of writing and the amounts ascertained thereby, the Court do find that the said Defendant owes and stands justly indebted to the said Plaintiff in the sum of eighty dollars for his debt and thirty nine dollars and forty five cents 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 debt, damages and costs for all of which execution may issue.

p 315.
Henry Fulbright Plaintiff
vs                                                   Trespass
Elbert Martin Defendant
This day came the parties by their attorneys and by mutual consent this cause is dismissed and it is agreed that the Defendant pay the costs in this behalf laid out and expended for all of which execution may issue.

N.R. Smith Plaintiff
vs                                                   Appeal J.P.
J.D. Debruin Defendant
Now at this day came the parties by their attorneys and thereupon came a Jury, to wit: Robert R. White 1. William Warren 2. E. (not listed) 3. T.D. Pullen 4. B. Chapman 5. C.W. Young 6. R.A. Turner 7. John R. Cannefax 8. Wm. Spann 9. Av't Hollingsworth 10. Thos. Stayton 11. Daniel Payne 12, twelve good and lawful men who being elected tried and sworn upon their oath say that the said John Debruin does not owe said Plaintiff as alledged by said Plaintiff. It is therefore considered by the Court that the Defendant have and recover of and from the said Plaintiff his costs in this behalf laid out and expended for all of which execution may issue.

p 316.
State of Missouri Plaintiff
vs                                                   Assault with intent to kill.
John Dixon Defendant
This day came John Dixon principal and J.L.C. Huddleston, C.D. Ladd, his securities and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of one thousand dollars 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 the condition that is to say if the said John Dixon makes 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 the Greene Circuit Court within and for the County of Greene which commences on the third Monday after the fourth Monday in October, next, and answer an Indictment prefered against him by the Grand Jury for commiting and assault with an intent to kill and not depart the same without leave thereof, otherwise to remain in full force and virtue.

State of Missouri Plaintiff
vs                                                   Assault with intent to Kill
Ennis Dixon Defendant
his day came Ennis Dixon principal and John Dixon and Joseph Forbus his securities and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of one thousand dollars 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 the condition that is to say if the said John Dixon makes 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 the Greene Circuit Court within and for the County of Greene which commences on the third Monday after the fourt Monday in October, next, and answer an Indictment prefered
(continued)

89
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
May Term 1843
p 316 (continued)
against him by the Grand Jury for committing an assault with an intent to kill and not depart the same without leave thereof, otherwise to remain in full force and virtue.

p 317.
N.R. Smith Plaintiff
vs                                                   Debt
Moses Bean Defendant
This day came the parties by their attorneys in this cause and neither party requiring a Jury the cause was suhnitted to the Court and the Court sitting as a Jury finds the Defendant owes and stands justly indebted to the Plaintiff in the sum of $173 for his debt and $24.53 for his damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant the aforesaid sum of $173 debt and $24.53 damages 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 318.
John Freeman and others Plaintiff
vs                                                   Petition for partition. Partition amended
Lara Freeman and others Defendant
//at side of copy was written "Erroneous Entry" - Find later in book//

p 319.
Martha May Plaintiff
vs                                                   Trespass
Edward West Defendant
This day came the parties by their attorneys and the said Defendant by his attorney moves the Court to dismiss said cause because the said Plaintiff has failed to file the bond of a responsible person for costs agreeably to a previous order of this Court and after due deliberation has thereon said motion is sustained by the Court and said cause is dismissed and it is further considered by the Court that 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 320.
See Stratton and Remington
vs                                                   Attachment
Samuel F. January
This day came the parties by their respective attorneys and thereupon came a Jury, to wit: William Robinson 1. Joseph Powell 2. Enoch Jessup 3. L.F. Fream 4. John Rogers 5. Joseph Simmons 6. William H. Bedford 7. John R. McFadden 8. Alpheus Huff 9. Joseph Rountree 10. R.P. Haden 11. Joseph Burden 12, twelve good and lawful men elected tried and sworn returned here into Court the following verdict "We the Jury find that the said Defendant did undertake and promise as the Plaintiffs in their declaration has alledged, and for his non- performance of his several undertakings and promised to assess the damages at seven hundred and seven dollars and seven cents. It is therefore considered by the Court that the said Plaintiffs have and recover of and from the said Defendant the aforesaid sum of seven hundred and seven dollars and seven cents the damages assessed in manner and form as aforesaid and costs and charges in this behalf laid out and expended and that execution issue therefore.

p 322.
L.B. Loflin Plaintiff
vs                                                   Appeal J.P.
S.M. McCorkle Defendant
This day came the parties by their attorneys and neither party requiring a Jury the cause
(continued)

90
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
May Term 1843
p 322 (continued)
was submitted to the Court. The demand being founded on an instrument of writing and the amount ascertained thereby the Court sitting as a Jury finds the defendant owes and stands justly indebted to the Plaintiff in the sum of $38 for his debt and $1.57 for his damages for the detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant and Henry Fuibright his security the aforesaid sum of thirty eight dollars debt and one dollar and fifty seven cents damages together with his costs in this behalf laid out and expended for all of which execution may issue.

p 323/324.
E. Skidmore Plaintiff
vs                                                   Trespass
Jno. Scott and others Defendants
This day came the Plaintiff in the above cause by his attorney and moves the Court to grant an attachment against the bodies of Ellis E. Morgan Hiram Gregory William Baker and Henry Fisher, and for good cause shown it is ordered by the Court that the Clerk of this Court issue an attachment directed to the Sheriff of Jasper County, Mo., commanding him to take the bodies of the said Ellis C. Morgan Hiram Gregory William Baker and
Henry Fisher and them safely keep so that he have them before the Honorable Judge of the Greene Circuit Court at the Court House in the town of Springfield on the third day of the next term of this court then and there to answer as for a contempt in disobeying process.

p 324/325.
John Freeman and others Plaintiff
vs                                                   Petition for Partition. Partition amended.
Lara Freeman and others Defendant
On a motion of the attorney for the Plaintiffs and because it appears to the Court that the order of partition made on the 19th day of November 1842 is entered erroneously, it is considered by the Court that the said order be amended and entered nune protuna as follows - "This day came the Plaintiffs by their attorney and made proof of the order of publication in this cause and that the same has been published in the OZARK EAGLE, a newspaper printed in Greene County once a week for eight weeks successively and the said Defendants being thrice solemnly called come not but makes default and the Court do find that John Freeman, Green Austin and Nancy Austin his wife, Jacob Painter and Fanny Painter his wife and Lemuel H. Freeman, James Freeman and Polly Cannon Elizabeth Cannon Jinny Cannon and Nancy Cannon Sophronia Cannon and Micajah Cannon children of Penelope Cannon and Paulsel Cannon, Roderick Freeman Lara Freeman Elizabeth Smith wife of Isaac Smith Micajah Freeman and Asenath Austin daughter of Rachel Austin and John Austin, and Mary Freeman widow of William Freeman dec'd each have an interest in the following described tracts of land situated in Greene County (viz) the SouthEast qtr of the SouthEast qtr of Section nineteen (19) and the SouthWest qtr of the SouthWest qtr of Section twenty (20) all in Township Twentynine (29) of Range twentyone West - That the rights and interests of the said parties is as follows - that Mary Freeman widow of said William Freeman dec'd is entitled to one third part of said tracts of land during her natural life, that the petitioners John Freeman and Lemuel H. Freeman children of the said William Freeman dec'd are each entitled to one eleventh part of said tract of land. That Nancy Austin wife of said Greene Austin and Fanny Painter the wife of said Jacob Painter are daughters of William Freeman dec'd are each entitled to one eleventh part of said tract of land that Penelope Cannon was a daughter of said William Freeman dec'd and intermarried with Paulsel Cannon, the said Penelope Cannon and Paulsel Cannon are both dec'd and that the said Penelope left the following named children who are entitled to one undivided eleventh part of said tract of land viz Polly Cannon Elizabeth Cannon Jinny Cannon Nancy Cannon Sophronia Cannon and Micaj ah Cannon - that Roderick Freeman, Lara Freeman
(continued)

91
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
May Term 1843

p 324/325 continued-
James Freeman and Micajah Freeman and sons of said William Freeman dec'd and on each entitled to one eleventh part of said tract of land. That Elizabeth Smith who is a daughter of said William Freeman dec'd married Isaac Smith and is entitled to one eleventh part of the said tract of land - and that Rachel Austin who was a daughter of said William Freeman dec'd married John Austin and is now deceased that she had one child, Asenath Austin of said marriage - that John Austin as tenant by curtesy is entitled to the use of one eleventh part after the death of said John Austin. It is therefore considered by the Court partition be made of the said tract of land among the aforesaid persons according to their respective rights, and it is further considered by the Court that Daniel D. Berry, James R. Danforth and Nicholas R. Smith who are freeholders residents of the County of Greene be and they are hereby appointed to make partition of said tract of land amongst the parties according to their respective rights as herein ascertained and determined by the Court.

p 326.
Samuel Harris Plaintiff
vs                                                   Slander
Abraham Woody Defendant
This day came the Plaintiff in this cause and by leave of the Court files his petition and affidavit to prosecute his said suit as a poor person, and for reasons set forth in said petition and the facts sworn to in said affidavit it is ordered by the Court that he be and is hereby permitted to prosecute his said suit as such poor person.

p 327.
(motions of Plaintiffs and Defendants)

p 328
Samuel Harris Plaintiff
vs                                                   Slander
Abraham Woody Plaintiff
This day came the parties by their attorneys and thereupon came a Jury, to wit: Joseph Simmons 1. L.A. Rountree 2. Henry Fulbright 3. R.P. Haden 4. Erastus McMurry 5. Joseph D. Haden 6. William Bedford 7. John Perkins 8. John Holland 9. Alpheus Huff 10. John K. Kershner 11. Anderson Payne 12, twelve good and lawful men elected tried and sworn returned into Court the following verdict "We the Jury find the Defendant is not guilty in manner and form as alledged in said Plaintiff's declaration." It is therefore considered by the Court that the said Defendant have and recover of and from the said Plaintiff his costs which accrued previous to his permission to prosecute as a poor person, in this behalf laid and expended for all of which execution may issue.

p 329.
John C. Price Plaintiff
vs                                                  
J.T. Sanders Defendant
This day came the Plaintiff in the above cause 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.

92
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
May Term 1843
p 329.
Thomas Lawrence Plaintiff
vs                                                   Appeal J.P.
Matthew Sims Defendant
This day came the parties by their attorneys and neither party requiring a Jury, the demand being founded on an instrument of writing and the amount ascertained thereby the Court sitting as a Jury find the Defendant owes and stands justly indebted to the Plaintiff in the sum of $145 for his debt and $16.65 for his damages for the detention thereof. It is therefore considered by the Court that the Plaintiff have and recover the aforesaid debt and damages together with his costs for all of which execution may issue.

p 330.
L.H. Scruggs Plaintiff
vs                                                   Appeal J.P.
W.B. Farmer Defendant
This day came the parties by their attorneys and neither party requiring a Jury and the demand being founded upon an instrument of writing and the amount ascertained thereby the Court sittinq as a Jury finds that the Defendant owes and stands justly indebted to the Plaintiff in the sum of $100 for his debt and $2.381/2 for his damages for the detention thereof. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant and Robert J. McElhaney his security the afore said sum of $100 debt and $2.381/2 damages with costs of suit for all of which execution may issue.

p 331.
Be it remembered that on this 19th day of May A.D. 1843 personally appeared in Open Court before the Judge thereof Thomas P. Neaves personally known to the Court to be the Sheriff of Greene County and the same person whose name appears to the deed which he here presented to the Court which deed was signed by the said Thomas B. Neaves as Sheriff and acknowledged the same to be his free act and deed for the purpose therein mentioned which said deed was executed by the said Thomas B. Neaves to Robert R. Feaster for the following described tract of land, to wit: The West half of Lot No. one (1) in Township No. twentynine (29) Range No. 24 containing forty (40) acres which tract of land was sold on an execution in favor of James L. Porter and against Christopher C. Walkup.

p 332.
William Sanders Plaintiff
vs                                                   Petition in Debt
James W. Blakey Defendant
This day came the parties by their attorneys and neither party requiring a Jury the same was submitted to the Court and the court sitting as a Jury and demand being founded on an instrument of writing and the amount ascertained thereby. The Court finds that the said Defendant owes and stands justly indebted to the Plaintiff in the sum of $1200 for his debt and $248 for his damages for the detention thereof. It is therefore-considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $1200 and $248 for his damages for detaining the same together with his costs in this behalf laid out and expended for all of which execution may issue.

William Sanders Plaintiff
vs                                                   Petition in Debt
James W. Blakey Defendant
This day came the parties by their attorneys and by leave of the Court the Defendant withdrew his pleas and the ____ came on to be considered and understood by the Court and the Court sitting as a Jury says that the said James W. Blakey doth owe to the said
(continued)

93
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
May Term 1843
p 332 (continued)
Sanders the sum of $294.53 debt and $126.57 as his damages for the detention thereof over and above his costs and charges in this behalf laid out and expended. It is therefore adjudged by the Court that the said Sanders do recover from the said Blakey the aforesaid sum of $294.53 and $126.57 besides his costs and charges in this behalf laid out and expended and for all of which execution may issue and the said Defendant be in mercy.

p 333.
(motions)

p 334.
Ordered that the Sheriff of this County furnish a Chancery Record, a Common Law Record and a Minute Book for the use of - the Court by the next term thereof.

Ordered by the Court that capias issue on all the indictments found at this term of the Court,

p 334/335.
See Stratton and Remington Plaintiff
vs                                                   Attachment
Bryant T. Nowlin Garnishee of
Samuel F. January Defendant
Now at this day comes the said Plaintiffs by their attorney and it appearing to the Court from the answer of the said Nowlin who was sunmoned as a Garnishee in said cause that at the time of the service of said attachment he was indebted to the said Samuel F. January in the sum of $45.96 and that the said January hath sustained Damages by reason of the detention thereof in the sum of $5.97 and that Judgment has been rendered against the said January for Proper amount. It is therefore considered by the Court that there be allowed to the said Nowlin the sum of $5 for his trouble in answering out of the funds confessed in his hands and that the said Plaintiffs have and recover of the said Nowlin the sum of $46.93 the balance of said debt and the costs and charges in this behalf laid out and expended and that execution issue therefor.

p 335.
See Stratton and Remington Plaintiff
vs                                                   Attachment. Garnishees of Samuel F. January
John S. Wills and Thomas D. Pullen
Now at this day comes the Plaintiffs by their attorney and it appearing to the Court from the answer of the said Wills and Pullen who was summoned as Garnishee in said cause that at the time of the service of said Attachment they were indebted to the said January in the sum of $144.60 debt and $18.15 damages which the said January hath sustained by reason of the detention thereof and that Judgment has been rendered against the said January for a greater amount. It is therefore considered by the Court that there be allowed to the said Wills and Pullen the sum of $5 each for their trouble in answering to be paid out of the funds confessed in their hands and that the said Plaintiffs have and recover of and from the said Wills and Pullen the sum of $152.75 and their costs and charges in this laid out and expended and that execution issue therefore.

p 335/336.
See Stratton & Remington Plaintiff
vs                                                   Attachment
William B. Farmer, Garnishee of Samuel F. January
Now at this day comes the Plaintiffs by their attorneys and it appearing to the Court
(continued)

94
GREENE COUNNY, MISSOURI, CIRCUIT COURT CASES

Book B.
May Term 1843

p 335/336 (continued)
from the answer of the said Farmer who was summoned as Garnishee in the said cause that at the time of the service of said Attachment he was indebted to the said January in the sum of $175 and that the said Farmer be allowed $5 for his trouble in answering thereto out of the funds confessed in his hands and that the said Plaintiffs have and recover of and from the said Farmer the sum of $170 and their costs and charges in this behalf laid out and expended and that execution issue therefore.

p 336.
See Stratton and Remington Plaintiffs
vs                                                   Attachment
Robert J. M. McElhaney, Garnishee
of Samuel F. January
Now at this day comes the Plaintiffs and it appearing to the Court from the answer of said McElhaney who was summoned as a Garnishee in said cause that at the time of the service of said attachment he was indebted to the said Samuel F. January in the sum of $404.83 and that Judgment has been rendered against said January for a greater amount and that the costs in suit of Plaintiffs against said January amount to $39.44 that he be allowed $5 for his trouble in answering thereto out of the funds confessed in his hands and that the Plaintiffs have Judgment for the sum of $399.83, the balance of the Judgment and costs of said Plaintiffs against said January and that execution issue therefor.

Joseph H. January Plaintiff
vs                                                   Attachment
William B. Farmer, Garnishee of Samuel F. January
Now at this day comes the Plaintiff by his attorney and it appearing to the Court from the answer of the said William B. Farmer who was summoned as a Garnishee in the said cause that at the time of the service of said Attachment he was indebted to the said Samuel F. January in the sum of $48 and that Judgment has been rendered against the said January for a greater amount. It is therefore considered by the Court that he be allowed the sum of $5 for his trouble in answering out of the fund confessed in his hands that the said Plaintiff have and recover of and from the said Farmer and sum of $43 and his costs and charges in this behalf laid out and expended and that execution issue therefor.

p 337.
Samuel F. Harris Plaintiff
vs                                                   Slander
A. Woody Defendant
Now at this day comes the Defendant by his attorney and filed his motion for Judgment against William Cloud and Enoch Jessup securities for Plaintiff for costs and the same being taken up by the parties and it appearing that notice had been served on said securities. It is considered by the Court that the said Defendant have and recover of and from said William Cloud and Enoch Jessup securities as aforesaid his costs in their behalf laid out and expended up to the time the said Plaintiff got leave to prosecute said said suit as a poor person and that execution therefor be staid until decision is had in the Supreme Court in this cause.

p 338. Saturday Morning
Samuel Harris Plaintiff
vs                                                   Slander
Abraham Woody Defendant
This day came Samuel Harris principal and William Cloud and Enoch Jessup his securities who are by the Court deemed good and sufficient, and acknowledged themselves to owe and
(continued)

95
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
p 228 (continued)
stand justly indebted to Abraham Woody in the sum of $100 said amount being by the Court deemed a sufficient penalty to be levied of their respective goods and chattles lands and tenements. Conditioned as follows - Whereas the said Samuel Harris has this day appealed from the Judgment of the Court in a case wherein the said Harris is Plaintiff and the said Woody is Defendant. Now if the said Harris will prosecute his appeal with due diligence to a decision in the Supreme Court and if the Judgment appealed from is affirmed or his appeal is dismissed he will pay whatever of debt damages and costs have been recovered against him by the Judgment of the Circuit Court and that he will also pay the costs and damages that may be adjudged against him in the Supreme Court upon his appeal, then this recognizance to be void and it is ordered by the Court that execution on the Judgment appealed from be stayed and on the Judgment against the securities for costs in said cause be also stayed until said decision in the Supreme Court.

p 339.
This day came Joseph Wise, a native of France, who having heretofore to wit at the Vermillion Circuit Court in the County of (not listed) and State of (not listed) at the Septemper Term of said Circuit Court A.D. 1840 and on the 16th day of said month declared in Open Court before the Judge thereof his bonafide intention to become a citizen of the United States and to renounce and abjure forever all allegiance and fidelity to every foreign Prince Potentate, State and Sovereignty whatever, and particularly allegiance and fidelity to Louis Philip King of France. And be it remembered that on the 6th day of the May term of the Greene Circuit Court and on the 20th day of the said month in the year 1843 the said Joseph Wise now a resident of the said County of Greene, State of Missouri, appeared in Open Court here and applied to be admitted to become a citizen of the United States, and it appearing to the satisfaction of the Court that the said Joseph Wise was a resident within the limits and under the jurisdiction of the United States in the year 1834, and that he hath continued to reside within the same and it also appearing to the satisfaction of the Court here that the said Joseph Wise hath resided within the limits of the United States over five years and one year in the State of Missouri, that during all the time he has resided in the United States, has conducted himself as a man of good moral character attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the same. And the said Joseph Wise having declared on oath taken in Open Court here, that he will support the Constitution of the United States, and he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, State and Sovereignty whatever, and particularly all allegiance and fidelity to Louis Philip, King of France. The Court here thereupon admits the said Joseph Wise to become a Citizen of the United States.

p 340.
John S. Phelps Plaintiff
vs                                                   Petition to Foreclose Mortgage
Rodolph A. Huf ford Defendant
Now at this day came the Plaintiff and filed his petition to foreclose a Mortgage executed by the Defendant in his own proper person in Open Court says that he cannot deny but that he owes the said Plaintiff the sum of $200 nor but that the said Plaintiff has sustained damages by reason of the detention thereof in the sum of $17.50 nor but that said debt and damages were secured by a Mortgage on the printing press, types, furniture and all the appurtenance and appendages thereto belonging and appertaining to the said Defendant the aforesaid sum of $200 Debt and $35 Damages and 761/4 costs of suit to be levied of the mortgaged property - to wit: the said printing press, type, furniture and all the appurtenances and appendages thereto belonging and appertaining and that the said mortgaged property be not sufficient to satisfy said debt, damages and costs, then the residue to be levied of other goods and chattles lands and tenements of said Defendant and that the Plaintiff have execution therefor.

96
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
May Term 1843
p 340.
Joel T. Haden Plaintiff
vs                                                   Petition to foreclose
Rodolph A. Huf ford Defendant
Now at this day came the Plaintiff by his Attorney and by leave of the Court filed his petition to foreclose a Mortgage executed by the Defendant to the Plaintiff and the said Defendant in his own proper person in Open Court says that he cannot deny but that he owes the said Plaintiff the sum of $200, nor but that the said Plaintiff has sustained damage by the reason of the detention thereof in the sum of $17.50 not but that said debt and damages were secured by a Mortgage on the printing press, type, furniture and all the appurtenances and appendages thereto belonging and appertaining to the said Defendant. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $200 Debt and $17.50 Damages and costs of suit to be levied of the mortgaged property, to wit: the said printing press, type, furniture and all other appurtenances and appendages thereto belonging or appertaining. And if said mortgaged property be not sufficient to satisfy said debt, damages and costs, then the residue to be levied of other goods and chattles lands and tenements of said Defendant and that the Plaintiff have execution thereof.

p 341.
Joshua Jones Plaintiff
vs                                                   Petition on Debt
Jerome G. Hammond 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 two instruments 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 $53.07 Debt and $7.01 Damages. It is therefore considered by the Court that he have and recover of and from the said Defendant the aforesaid sum of $53.07 Debt and $7.01 Damages together with his costs about his said suit laid out and expended for all of which execution may issue.

William E. Voss Plaintiff
vs                                                   Ejectments
John Norton Defendant
This day came the Plaintiff in this cause by his attorney and the Defendant having been thrice solemnly called came not but made default. Whereby the said action remains against the said Defendant then undefended. Wherefore the said Plaintiff ought to recover against the said Defendant by reason of the premises and because the damages are not liquidated it is ordered that a Writ of Inquiry be awarded returnable to the next term of this Court, to which time this cause is continued.

p 342.
Be it remembered that on this 20th day of May A.D. 1843 personally appeared in Open Court before the Judge thereof Thomas B. Neaves, Sheriff of said County and in Open Court made the following acknowledgement:
State of Missouri, County of Greene - Be it remerribered that on this 20th day of May A.D. 1843 personally appeared in open Court Thomas B. Neaves who is known to the Court to be the Sheriff of said County of Greene and the same person whose name appears to the instrument of writing by him presented to the Court and acknowledged the same to be a deed which he executed freely for the purposes therein mentioned - The aforesaid deed was executed by said Sheriff to Thomas J. Bailey for the following described tract of land, to wit: the W. half of the NW qtr of Sect twentyeight (28) Township twentynine (29) Range twentyone (21) containing eighty (80) acres which said tract of land was sold on an execution in favor of William Parrish against Littleberry Hendrick.

97
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
May Term 1843
p 342.
James W. Blakey Complainant
vs                                                   Bill in Chancery
William Sanders Defendant
This day came the complainant by his attorney and files here in Court his bill in Chancery, which bill among other things prays that William Sanders the Defendant as well as all others be restrained and enjoined from the collection of the amount of two Judgments rendered at this term of this Court and on the conrnon law side of said County against the said Complainant and in favor of said Defendant, which application for an injunction was opposed by the Defendant's Counsel, and after being heard and fully understood by the Court was by the Court refused to which opinion of the Court in refusing to award said injunction the complainant excepts and tenders his Bill of Exceptions which is signed and sealed by the Court and made a part of the Record, which bill of exceptions the Plaintiff files here in Court.

342/343.
Joseph H. January Plaintiff
vs                                                   Attachment
R.J. McElhaney, Garnishee
of Samuel F. January
Now at this day comes the Plaintiff by his attorney and it appearing to the Court from the answer of the Garnishee (Robert J. McElhaney) in said Court that at the time of the service of the said Attachment he was indebted to the said Samuel F. January in the sum of $342.35 and that Judgment has been rendered against the said Samuel F. January for a greater amount. It is therefore considered by the Court that he be allowed the sum of $5 for his trouble in answering out of the funds confessed in his hands and that the said Plaintiff have and recover of and from the said Robert J. McElhaney the sum of $337.35 together with his costs and charges in this behalf laid out and expended for all of which execution may issue.

p 343.
John Freeman and others Plaintiff
vs                                                   Petition for Partition
Lara Freeman and others
Now at this day came the petitioners by their attorney and filed the report of the Commissioners who were appointed by the Court to make partition of the premises in said Petition mentioned which report states that partition cannot be made of said premises without great prejudice to the owners. It is therefore considered by the Court that the report of said Camnissioners be confirmed. And it is further considered and ordered by the Court that the said premises, to wit: the SE qtr of the SE qtr of Section twenty (20) all in Township twentynine (29) of Range twenty one (21) be sold by the Sheriff at the Court House door at the next term of this Circuit Court during the hours and with like notice as in case of sales of real estate on execution. On a credit of 12 months the purchaser to give bond with two good and sufficient securities and that the petitioner have and recover their costs and charges in this behalf laid out and expended to be paid them out of the funds arising from said sale.

It appearing to the Court that the Clerk has failed to enter on the record in its proper place the fact that the Grand Jury returned into Court the following Bills of Indictment on the 3rd day of the present term of this Court. It is therefore considered by the Court that the entry be made nunc protime:

State of Missouri vs John Dixon Indictment for an assault with intent to kill.
a true bill signed by Joseph Weaver, foreman.
State of Missouri vs Ennis Dixon Indictment for an assault with intent to kill.
a true bill signed by Joseph Weaver, foreman.
(continued)

98
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
May Term 1843.
p 344.
Indictments - continued -

State of Missouri vs Wm. Hospes Indictment Sabbath Breaking
A true bill signed by Joseph Weaver, foreman.
State of Missouri vs Conrad Hospes Indictment Retailing whiskey without license.
A true bill signed by Joseph Weaver, foreman.
State of Missouri vs Lewis Hospes Indictment Sabbath breaking
A true bill signed by Joseph Weaver, foreman.
State of Missouri vs Conrad Hospes Indictment Sabbath breaking
A true bill signed by Joseph Weaver, foreman.
Having no further business before them were discharged by the Court.

James Wilson
vs                                                   Petition in Debt
L. Hendricks and J.J. Waddill
Now at this day came the Plaintiff in this cause by his attorney, the Defendants being also present in their own proper persons and by mutual consent this cause is dismissed and leave is given the Plaintiff to withdraw the instrument sued on and it is further agreed that the Defendants pay the costs and that execution issue therefor.

p 345.
State of Missouri to the use
of Isaac Woods adm.
vs                                                   Debt
Stephen Fisher
Now at this day came the Plaintiff by his attorney and the Defendant having been three times solemnly called came not but makes default. It is therefore considered by the Court that Judgment by default be rendered against the said Defendant, and that a Writ-of Enquiry be awarded returnable to the next term of this Court to ascertain the damages sustained by the said Plaintiff by the nonperformance by the said Defendant of the condition of the bond set forth in the said Plaintiff's declaration.

ENDS MAY TERM 1843.

99

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