Abstract of Circuit Court Record Books 1846 - 1852

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

May Term 1846
Book C

p 91.
At a regular- term of the Circuit Court of Greene County, Missouri, which met persuant to adjournment at the Court House in said County on the 18th day of May A.D. 1846.- Present the Honorable C.L. Yancey Judge of said Court, A.L. Yarborough Sheriff of said County and Joshua Davis Clerk.

Now at this day comes A.L. Yarborough Sheriff of Greene County and by virtue of a Venire Facias returned the following pannel of Grand Jurors, to wit: 1. Samuel Caldwell, who was by the Court appointed foreman, 2. John McMichan 3. William Burford 4. Joseph Burden 5. William L. Harrington 6. John Headlee 7. Jesse H. Kelly 8. Michael Welch 9. John Layton 10. George M. Gibson 11. Joel Perryman 12. John McHaffee 13. Thomas Potter 14. John Norton 15. James W. Gray 16. R.P. Hayden Sixteen good and lawful men who being duly sworn and charged retired to consider of their presentments.

State of Missouri
vs                                                   Indictment for perjury
Joseph Gilmore

State of Missouri
vs                                                   Indictment for Gaining
James Shehen

State of Missouri
vs                                                   Indictment for Bigamy
Benjamin Goodwin
Now at this day comes the Prosecuting Attorney who prosecutes on behalf of the State who says he will not further prosecute said suit but suffers the same to be dismissed. It is therefore considered by the Court that said cause be dismissed and that the Defendant go hence without day.

p 92.
State of Missouri Plaintiff
vs                                                   Assault with intent to Kill
Robert Slone and James Summons Defendants
Now at this day comes the prosecuting Attorney who prosecutes on behalf of the State and says he will no further prosecute said suit but will suffer the same to be dismissed. It is therefore considered by the Court that said cause be dismissed and that the said Defendants go hence without day.

p 93.
George Barker Plaintiff
vs                                                   Petition in Debt
Samuel Waddill Defendant
Now at this day comes the said Plaintiff by his attorney and the said Defendant in his own proper person who says that he cannot deny that he owes and stands justly indebted to the said Plaintiff in the sum of $89.74 for his debt nor but that he has sustained damages by reason of the detention thereof in the sum of $7.09. It is therefore considered by the Court that the said Plaintiff have and recover of the said Defendant the said sum of $89.74 for his debt as well as the said sum of $7.09 for his damages together with his costs and charges in this behalf laid out and expended and that he have execution therefor.

1
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
May Term 1846

p 93.
On a motion of E.D. McKenney who represented to the Court that A. Finch, esq., a member of the Bar has departed this life - and moves that the Court appoint a Commiittee to draft a Preamble and Resolutions expressing the feelings of the Bar toward the deceased. The Court thereupon appoints as said Committee John C. Price, Robert W. Crawford, L. Hendrick, William H. Otter, John T. Coffee, B.F. Robinson - and on further motion C.S. Yancey and E.D. McKenny were added to said Committee - and that the said Committee
make a report tomorrow morning.

p 94. Tuesday morning 18 May 1846.
Now at this day came the Committee appointed on yesterday to draft a Preamble and Resolutions expressive of the feelings of the Court and Bar on the death of General A. Finch, a member of the Bar of this Circuit and through their Chairman L. Hendrick, esq, reported as follows - That therefore and until very recently while death has been visiting the County in every direction without regard to persons or conditions the members of the Bar in this part of the State have never been saluted with the painful intelligence of the death of any of their members. But at the present term of this Court when we met together as formerly and looked around to see who were present, and looked around to see who were present, and who were absent and on inquiring where is General Finch? the unwelcome tidings salutes our ears that he has gone the way of all the earth. That the Decree whereby it was appointed unto all men once to die has been executed upon him. That he has gone hence to return amongst us no more forever. When we think of this departed brother in the profession, we cannot do so without the most vivid recollection of his manners, the generosity of his deportment and the friendly grip which always indicated a warm heart, compels us to regret his sudden and unexpected death. Therefore -

Resolved 1st That in the death of General Aaron Finch, the Court and Bar have lost a kind and generous companion in the profession, the Coumunity a prominent and efficient member of Society, and his son-in-law and only child and daughter, Mr. and Mrs. Bewly of Bolivar a devoted and affectionate father.

Resolved 2nd That the Court and members of the Bar wear the usual badge of mourning on their left arm for 30 days.

Resolved 3rd That a copy of these proceedings be inserted in the SPRINGFIELD ADVERTISER and TEXAS DEMOCRAT, and that William H. Otter esq wait upon the daughter and son-in-law of the Deceased each with a copy thereof.

p. 95
State of Missouri Plaintiff
vs                                                  
Randolph Moore Defendant
and
Stateof Missouri Plaintiff
vs                                                   Gaming
Jarnes Shehen Defendant
(appeals to Quash Indictments - denied by the Court)

p95/96
John H. Maloney Plaintiff
vs                                                   Trespass
Ennis Dixon Defendant
Now at this day comes the parties by their respective attornies and the motion heretofore filed in this cause being taken up up. It is considered by the Court that the said Plaintiff give good and sufficient security for costs in this cause on or before the fourth day of the present term of this Court and if not then given to file with the Clerk of this Court a good and ufficient Bond for costs 90 days previous to next term of this Court, else the same will be dismissed.

2
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
May Term 1846

p 97
State of Missouri Plaintiff
vs                                                   Gaming
Randolph Moore Defendant
Now at this day comes the Prosecuting Attorney who prosecutes on behalf of the State and the said Defendant in his own proper person who for plea thereof says that he is not guilty in manner and form as charged in the said indictment and puts himself upon the County and the Prosecuting Attorney doth the like and thereupon came a Jury, to wit: D. Steele 1. William Sanders 2. William Cawlfield 3. John S. Bigbee 4. A.M. Summers 5. Thomas Ellison 6. William Townsend 7. Porter Frizzell 8. Edward Moore 9. E. Erby 10. L. Payne 11. David Wallace 12., twelve good and lawful men who being duly elected tried and sworn well and truly to try the issue joined upon their oath dosay "We the jury do find that the Defendant is not guilty in manner and form as charged against him in the Indictment." It is therefore considered by the Court that the said Defendant be discharged and that he go hence without day.

State of Missouri Plaintiff
vs                                                  
William Martin Defendant
Now at this day came the Prosecuting Attorney who prosecutes on behalf of the State and represents to the Court that one William Martin has been subpoened before the Grand Jury who has refused to appear and testify. It is therefore considered by the Court that an attachment issue against the said Martin returnable forthwith - and the said Martin being brought before the Court persisting in his refusal to appear and testify is by the Court committed to the Jail of this County.

p 98.
Sheriff of Greene
vs                                                  
David Johnston et al
Now at this day come Thomas B. Neaves late Sheriff of Greene County by his former deputy A.L. Yarborough in Open Court and acknowledged a Deed to David Johnston et al to the following described real estate situate in the town of Springfield, Greene County, Missouri, to wit: Lot No. 37 in Block No. 9 in the first tier of lots in Sprtngfield, which real estate was sold by virtue of an order of this Court in partition.

p 99. nil

p 100.
Constantine Perkins Complainant
vs                                                   In Chancery
Jerome G. Hammond Defendant
Now at this day came the said Complainant by his solicitor, and the said Defendant, having failed to appear and show cause why the interlocutory decree made in this cause at the last term of this Court should not be made absolute, and it appearing to the satisfaction of the Court that on the sixth day of August 1841 ;the said Complainant executed to the Defendant a Deed in Fee Simple to the following described land to wit: the W 1/2 of the SW 1/4 Sect No. 4 Twp No. 30 in Range No. 24 containing 80 acres for the purpose of saving harmless and undermining the said J.G. Hammond in a securityship in a Bond to Boone and Cawlfield as his said Complainants prior Security in a Bond given to the State of Missouri and that if the said Complainant released the said Boone and Cawlfield as his Securities in the said Bond then the Deed was to become void and of noneffect and that the land above described should be reconveyed to the said Complainant to the said Defendant to the above described land be annulled cancelling and made void and of more effect and that the title to said land be reconveyed to the said Complainant and his heirs and assigns forever and that the said Complainant have and recover of and from the said
(continued)

3
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
May Term 1846

p 100 (continued)
Defendant his costs and charges in this behalf laid out and expended and that he have execution therefor.

p 101.
A. Payne
vs                                                   Appeal from J.P.
John Dixon
Now at this day comes the said appellee by his attorney and the motion heretofore filed being taken up. It is considered by the Court that the said motion be sustained and that said cause be dismissed and that the said Appellee have and recover of and fran the said Appellant his costs and charges in this behalf laid out and expended and that he have execution therefor. -

p 102.
State of Missouri Plaintiff
vs                                                   Recognizance
N.J. PhillipsDefendant
Now at this day come the Defendant by his attorney and the Prosecuting Attorney who prosecutes on behalf of the State and the motion heretofore filed being taken up. It is considered by the Court that the said Defendant be discharged from his recognizance and that the said Plaintiff recover her costs in this behalf and that she have execution therefor.

p 103.
Silas Grantham Plaintiff
vs                                                   Attachment
Thomas Cawlfield Defendant
Now at this day come the said parties by their attarnies and the issue being joined on the plea, in the nature of a plea in abatement in said cause. Then came a Jury, to wit: Benjamin Cannefax 1. Larkin Payne 2. Benjamin Chapman 3. A. Payne 4. G.R. Davis 5. Elisha Headley 6. John Murray 7. Jerome Rountree 8. David Rolston 9. William Townsend 10. Marcus Boyd 11. A.H. Payne 12, twelve good and lawful men who being elected tried and sworn well and truly to try the issue joined in said cause upon their oath do say "We the Jury find the issue for the Defendant". It is therefore considered by the Court that the said suit be dismissed and the said Defendant have and recover of and from the said Plaintiff his costs and charges in this behalf laid out and expended, and that he have execution therefor, and that the said Defendant have restitution of his property attached.

State of Missouri Plaintiff
vs                                                   Contempt of Court
William Martin Defendant
Now at this day came the said Defendant in custody of the Sheriff of this County by virtue of an attachment issued against him for a contempt of Court and being inquired of by the Court if he can show any reason why the Law in such cases made and provided should not be enforced against him, to which he makes no answer. It is therefore considered by the Court that the said Defendant be fined $25 and that he be imprisoned at the County Jail five days and in default of payment of the fine and costs attending this cause the said Defendant to be retained in custody twenty days.

4
GREENE COUNTY, MISSOORI, CIRCUIT COURT CASES

Book C.
May Term 1846

p 104. Thursday morning 21 May 1846.
Silas Grantham
vs                                                   Attachment
William Cox
Now at this day came the said Plaintiff by his attorney and by leave of the Court dismisses this cause. It is therefore considered by the Court that said cause be dismissed and that the said Plaintiff have leave to withdraw the instrument sued on and that the said Defendant have restitution of estate attached and that he recover-of and from the said Plaintiff his costs and charges in this behalf laid out and expended and that he have execution therefor.

John Smith Plaintiff
vs                                                   Attachment
William Cox Defendant
Now at this day came the said Plaintiff by his attorney and by leave of the Court dismisses this cause. It is therefore considered by the Court that said cause be dismissed and that the said Plaintiff have leave to withdraw the instrument sued on and that the said Defendant have restitution of estate attached and that he recover of and from the said Plaintiff his costs and charges in this behalf laid out and expended and that he have execution therefor.

p 104/105.
Joseph Vaulx Plaintiff
vs                                                  
Benjamin Cannefax Defendant
Now at this day came the said Plaintiff by his attorney and by leave of the Court dismisses said suit. It is therefore considered by the Court that the said suit be dismissed and that the said Defendant have and recover of and from the said Plaintiff his costs and charges in this behalf laid out and expended and that he have execution therefor.

p 105.
John M. Crochet Plaintiff
vs                                                   Assumsit
Thomas Jessup et al Defendants
Now at this day came the said Plaintiff by his attorney and by leave of the Court dismisses said cause. It is therefore considered by the Court that the said cause be dismissed and that the said Defendants have and recover of and from the said Plaintiff their costs in this behalf laid out and expended and that they have execution therefor.

p 106.
James McClure Plaintiff
vs                                                   Execution
John C . Johnson & William Folden Defendants
Now at this day came James Folden administrator of Mary Folden dec'd who was suxmnoned as Garnishee on said execution by his attorney and by leave of the Court files herein his motion to dismiss said Garnishment which motion being seen and fully understood by the Court is by the Court sustained. It is therefore considered by the Court that the said Plaintiff take nothing by his said Garnishment and that said Garnishee be herefore discharged and go hence without day and recover of and from the said Plaintiff his costs and charges in this behalf laid out and expended and that he have execution therefor.

William Tatum Plaintiff
vs                                                   Execution
John C. Johnson & William Cox Defendants
(continued)

5
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C
May Term 1846

p 106 (continued)
Now at this day came James Folden administrator of Mary Folden dec'd who was summoned as Garnishee on said execution by his attorney and by leave of the Court files herein his motion to dismiss said Garnishment which motion being seen and fully understood by the Court is by the Court sustained. It is therefore considered by the Court that the said Plaintiff take nothing by his said Garnishment and that said Garnishee be heretofore discharged and go hence without day and recover of and from the said Plaintiff his costs and charges in this behalf laid out and expended and that he have execution therefor.

John McMichen to the use of John Young
vs                                                   Appeal from J.P.
William F. McCarty
Now upon this day come the parties aforesaid by their respective attolnies and the said plaintiff by leave of the Court voluntarily takes a non-suit in this cause with leave to withdraw the instrurnent sued upon. It is thereby 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 and that he have execution therefor.

p 107.
John H. Maloney
vs                                                   Trover
John Dixon et al
Now at this day came the parties by their respective attornies and this cause being ready for trial thereupon came a Jury, to wit: Washington Wallace, J.R. Perkins, J.M.Crochett, R.R. Boyd, John Young, H.D. Parrish, James Rolden, D.J. Gish, Edward Moore, William Cawlfield, William Robinson, H.M. Suimiers, twelve good and lawful men who being duly elected, tried and sworn upon their oaths to say "We the Jury do say that we find the Defendants guilty of the Trover and conversion in manner and form as charged against them in the Declaration and assess the damages to the sum of $72." It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the said sum of $72 his damage assessed as aforesaid and charges in this behalf laid out and expended and that he have execution therefor.

p 107/108.
Joshua Jones Plaintiff
vs                                                   Petition in Debt
C. Perkins Defendant
Now at this day cane the said Plaintiff by his Attorney and the said Defendant being thrice solemnly called comes not but makes default herein, whereby the action remains undefended against him and the suit being founded on an instrument of writing and the amount ascertained thereby the Court, sitting as a Jury, do find that the said Defendant owes and is justly indebted to the said Plaintiff in the sum of $83.54 for his debt and the further sum of $31.50 for his damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of $83.54 for his debt and $31.50 for his damages assessed as aforesaid together with his costs and charges in this behalf laid out and expended and that he have execution therefor.

p 108.
State of Missouri Plaintiff
vs                                                   Contempt
William Martin Defendant
Now at this day came the Defendant in his own proper person and presented to the Court his petition praying the Court to remit a fine assessed against him and discharge him from imprisonment. It is therefore considered by the Court that the fine heretofore
(continued)

6
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
May term 1846.

p 109 (continued)
assessed against him be remitted and that he be discharged from imprisonment and that he-go hence without day and that the said Plaintiff have and recover of and from the said Defendant her costs and charges in this behalf and that execution issue therefor.

B.M. Jewett
vs                                                  
R.K. Payne
Now at this day came the said Jewett by his attorney, and it appearng to the satisfact ion of the Court that there is a record of Judgment in this Court in favor of the said Jewett and against the said Payne for the sum of $332.70 and it further appearing to the satisfaction of the Court that there is a record of a Judgment in this Court in favor of the said Payne against the said Jewett for the sum of $90, it is considered by the Court that $80 of the said Jewett's Judgment be set off against the said Judgment of the said Payne.

p 110 nil

p 110/111.
M. Davis
vs                                                   Trespass on the Case
J.C. Price et al
Now at this day came the parties by their respective attornies and the demurrer heretofore filed in this case being considered by the Court it is thereby considered by the Court that said demurrer be sustained and that the said Plaintiff have and recover of and from the said Defendants his costs in this behalf and that execution issue therefor.

p 112.
It is ordered by the Court that an adjourned session of the Court be held in continuance of the present term on the second Monday of July, next.

John Hancock Plaintiff
vs                                                   Attachment
William Cox Defendant
Now at this day came the parties by their respective attornies and by consent of parties this cause is continued to the adjourned session of this Court at the cost of the defendant. It is therefore considered by the Court that the said Plaintiff have of and frorn the said Defendant his costs in this behalf and that he have execution therefor.

Y.G. Warren Plaintiff
vs                                                   Attachment
William Cox Defendant
Now at this day came the parties by their respective attornies and by consent of parties -this cause is continued to the adjourned session of this Court at the cost of the Defendant. It is therefore considered by the Court that the said Plaintiff have of and from. the said Defendant his costs in this behalf and that he have execution therefor.

p 113.
John C. Boone Plaintiff
vs                                                   Injunction
John Young Defendant
Now at this day came the said Defendant by his attorney and by leave of the Court files his motion to dismiss said cause. It is therefore considered by the Court that the said motion be sustained and that the said cause be dismissed and that the said Defendant have and recover of and from the said Plaintiff his costs and charges in this behalf expended and that he have execution therefor.

7
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
May Term 1846.

p 113.
State of Missouri Plaintiff
vs                                                   Indictment
James Shehane Defendant
Now at this day came the prosecuting Attorney who prosecutes on behalf of the State who says that he will not further prosecute said cause but will suffer the same to be dismissed by the Court that said suit be dismissed and that said Defendant go hence without day.

p 114, 115, 116 nil.

p 117.
State of Missouri Plaintiff
vs                                                   Recognizance
Anderson Fletcher Defendant
Be it remembered that on this day personally appeared in Open Court James B. Headley, Samuel N. Headley, Daniel Headley, Peter R. Wallace, witnesses in the above cause who severally acknowledged themselves to owe and stand justly indebted to the State of Missouri in the full sum of $50 each to be levied of their respective goods and chattles lands and tenements, nevertheless to be void on this condition that the above bound James B. Headley, Samuel N. Headley, Daniel Headley and Peter Wallace be and appear before the Greene Circuit Court at the Court House in the town of Springfield in said County at the adjourned session of said Court to be holden at the Court House in said County on second Monday in July, next, then this obligation to be void, otherwise to remain in full force and virtue in law.

p 117/118.
State of Missouri Plaintiff
vs                                                   Recognizance
Joseph Gilmore Defendant
Be it remembered that on this day personally appeared in Open Court R.P. Frizzell, Eston Erby, Joel C. Robertson and John H. Maloney, witnesses in the above case who severally acknowledged themselves to owe and stand justly indebted to the State of Missouri in the full sum of $50 each to be levied of their respective goods and chattles lands and tenements, nevertheless to be void on this condition that the above bound R.P. Frizzell, Eston Erby, Joel C. Robertson and John H. Maloney, be and appear before the Greene Circuit Court at the Court House in the town of Springfield in said County at the adjourned session of said Court to be holden at the Court House in said County on second Monday in July, next, than this obligation to be void, otherwise to remain in full force and virtue in Law.

p 118.
Sheriff of Greene County
to                                                   Deed
William Cawlfield
Now at this day came A.L. Yarborough Sheriff of Greene County in Open Court and acknowledged a Deed to William Cawfield for the following described real estate situate in the County of Greene, to wit: the NW 1/4 of the NE 1/4 of Section No. 20 in Township No. 30 in Range 24 containing 40 acres which land was sold by virtue of an execution in favor of Jesse Mason vs Thomas Cawfield and also in favor of John McElhannon vs Thomas Cawfield and acknowledged the same to be his Act and Deed for the purposes herein contained.

Sheriff of Greene County
vs                                                   Deed
Isaac Woods
Now at- this day came the Sheriff of Greene County A.L. Yarborough in Open Court and acknowledged a Deed to Isaac Woods for the following described real estate situated in the County of Greene to wit: lot
No. 9 in Block No. 2 in the 2nd tier of lots in the (continued)

8
GREENT COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
May Term 1846

p 118 (continued)
town of Springfield Missouri - also the E 1/2 of the SE 1/4 of Section No. 11 Township 29- Range 22, containing 80 acres which land was sold by virtue of an execution in favor of William Parrish and against L. Hendrich, John Edwards and Isaac Woods and acknowledged the same to be his Act and Deed for the purpose therein contained.

p 119.
Sheriff of Greene County
to                                                   Deed
David Johnson, Alexander Johnson and A. Maurice Jr.
Now at this day came Thomas B. Neaves by his Deputy A.L. Yarborough Sheriff of Greene County, Missouri, in Open Court and acknowledged a Deed to David Johnson, Alexander Johnson and A.Maurice, Jr, for the following described real estate situate in Greene County, Missouri (said Neaves having been proved to be former Sheriff of said County) to wit: Lot No. 37 in Block No. 9 in the 1st tier of lots in the town of Springfield, Missouri, containing 50 rods which real estate was sold by virtue of an order of sale of the Circuit Court of Greene County in partition between John W. Degan, George W. Rice and acknowledged for the purposes therein contained.

END OF MAY 1846 TERM.

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