Abstract of Circuit Court Record Books 1846 - 1852

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

May Term 1847

p 196.
At a regular term of the Circuit Court begun and held at the Court House in the City of Springfield, Greene County, State of Missouri, on the 17th day of May 1847 which met persuant to adjournment. Present - the Honorable Charles S. Yancey Judge, William McFarland Sheriff, Joshua Davis Clerk. By virtue of a venire facias the Sheriff returned into Court the following pannel of Grand Jurors, tc wit: James W. Gray who was by the Court appointed foreman of said Grand Jury. 2. Joseph Headlee 3. William McClure 4. James Folden 5. Robert Moore 6. Arthur A. Davis 7. Richard B. Womac 8. Samuel McDaniel 9. Benjamin 5. Lane 10. Thomas D. Childress 11. David McHaffie 12. John L. Davis 13. Jesse Taylor 14. Chesley Cannefax 15. .C. Cook, fifteen good and lawful men who being duly elected tried and sworn and being charged by the Court, retired to consider of their presentments.

H.R. Janett Plaintiff
vs                                                   Petition in Debt
William McMillen & Rich Whitlock Defendants
Now at this day came the Plaintiff in this cause by his attorney and the Defendants in their own proper person and says that they cannot deny but that they owe and stand justly indebted to the said Plaintiff in the sum of $100 for his debt and that he has sustained damage to the amount of $6.75 for the detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the aforesaid sum of $100 for his debt and $6.75 for his damages for the detention thereof together with his costs in this behalf laid out and expended for all of which execution may issue.

p 197.
Ordered by the Court that William C. Jones be appointed Prosecuting Attorney Protem and after having taken the oath of office proceeded to the duties thereof.

Ordered by the Court that M. Licheans be permitted to sign the Roll of Attorneys.

Following indictments handed down;
B.W. Cannefax Indicted for obstructing road.
A. Baker and wife Indicted for assault with intent to kill.

State of Missouri Plaintiff
vs                                                   Indictment for Betting on Election
Hezekiah Blankenship Defendant
Now at this day comes the Prosecuting Attorney who prosecutes in behalf of the State of Missouri and the said Defendant by his attorney who for a plea thereof says that he is
(continued)

30
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
MAY TERM 1847

p 197 (continued)
guilty in manner and form as charges against him in said Indictment and neither party requiring a Jury the same is submitted to the Court and the Court doth assess a fine against him the said Defendant in the sum of $5. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of $5 as assessed as aforesaid together with her costs and charges in this behalf laid out and expended for all of which execution may issue.

p 198.
C.J. McConnell by her next friend McConnell Plaintiff
vs                                                   Slander
Henry Martin Defendant
Now at this day came the Plaintiffs by their attorney and says that he will no further prosecute his said suit but suffers the same to be dismissed. It is therefore considered by the Court that 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 198/199.
Nancy Akin, John H. Akin, Thomas L. Akin
Thomas Riddles and Julia his wife, Isaac Hays and Nancy his wife,
John H. Akin guardian of A.L. Smith and M. Smith
vs                                                   Petition for Partition
James P. Akin, Peter Akin, George W. Akin
Peter S. Smith and Jno. E. Smith
This day came the petitioners by their attorney and it appearing to the satisfaction of the Court that a Judgment of default had been rendered at the last term of this Court against the aforesaid Defendants and it further appearing to the satisfaction of the Court that the matters and things set forth in said petition are true and that the Judgment rendered by default in said cause at the last term of this Court be and is now made final and that James Headlee, William Appleby and John Dysart are hereby appointed Commissioners to make partition of the said land amongst all the claimants thereto according to their respective rights as contained in the said Judgment by default rendered at the last term of this Court and that they make report thereof to the present term of this Court.

p 199.
State of Missouri
vs                                                  
Thomas Wilkerson
Now at this day come the Prosecuting Attorney who prosecutes on behalf of the State of Missouri and it appearing to the satisfaction of the Court that one John McHaffie has been subpoenaed to appear in this Court to testify in a cause in this Court pending which summnons he has refused to obey. It is therefore considered by the Court that an attachment issue against the said McHaffie returnable on the 18th instant.

State of Missouri
vs                                                  
Thomas Wilkerson
Now at this day come the Prosecuting Attorney who prosecutes on behalf of the State of Missouri and it appearing to the satisfaction of the Court that one Joel Perryman has been subpoenaed to appear in this Court to testify in a cause therein pending which summons he has refused to obey. It is therefore considered by the Court that an attachment issue against the said Perryman returnable on the 18th instant.

31
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
MAY TERM 1847

p 199/200 Tuesday Morning - 2nd day of Term.
Peter R. Wallis
vs                                                   Ejectment
Daniel Headlee
This day came the said Plaintiff by his attorney and the motion heretofore filed in this cause being taken up and after hearing the argument the said motion for a Judgment by Default is sustained by the Court. It is considered by the Court that the said Plaintiff have and recover of and from the said Defendant the possession of the SW 1/4 of the NW 1/4 of Section No. 2 in the T'WP No. 30 of Range No. 22 as well as his damages by him sustained together with his costs and because it is unknown to the Court the amount of damages by him sustained it is ordered by the Court that a Jury be empannelled on the 5th day of the present term of this Court to enquire of the damages to him sustained.

p 200.
William McFarland
to                                                   Sheriffs Deed
William Hendricks
This day came William McFarland Sheriff of Greene County in the State of Missouri in Open Court and acknowledged a Deed of Conveyance to William Hendricks to the following described tract of land, to wit: the E 1/2 of the SW 1/4 of Section No. 24 in Township No. 30 of Range No. 24 which land was sold by virtue of an execution in favor of Burton A. James against John C. Johnson.

William McFarland
to                                                   Deed
William Cawlfield
This day came William McFarland Sheriff of Greene County in the State of Missouri in Open Court and acknowledged a Deed of Conveyance to William Cawlfield to the following described tract of land, to wit: the W 1/2 of the SE 1/4 of Section No. 17 in Township No. 30 of Range No. 24 which land was sold by virtue of an execution in favor of Burton A James and against William Cox.

William McFarland
to                                                   Deed
William Cawlfield
This day came William McFarland Sheriff of Greene County in the State of Missouri in Open Court and acknowledged a Deed of Conveyance to William Cawlfield to the following described tract of land, to wit: the E 1/2 of the NE 1/4 of Sect. No. 20 and the W 1/2 of the NW 1/4 of Sect. No. 21, all in Township No. 30 of Range No. 24 which land was sold by virtue of an execution in favor of B.A. James and against Thomas Cawlfield.

William McFarland
to                                                   Deed
Thomas J. Bailey
This day came William McFarland Sheriff of Greene County in the State of Missouri in Open Court and acknowledged a Deed of Conveyance to Thomas J. Bailey to the following described tract of land to wit: the SW 1/4 of the NE 1/4 of Sect. No. 17 in Tonship 30 Range No. 24 which land was sold by virtue of an execution in favor of Burton A. James and against William Cox.

p 201
The State of Missouri in the Relation and to the use of William Townsend and Emily his wife
vs                                                   Debt on Admin. Bond
Isaac Woods, Jesse Hickman and Henry Hickman
(continued)

32
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
MAY TERM 1847

p 201 (continued)
Now at this day came the parties by their respective attorney and the motion of the said Plaintiffs heretofore filed for a Judgment by default coming on to be heard, and it appearing to the Court that the said Defendants have failed to plead herein and serve a copy of their pleas persuant to the leave of the Court to them given at the last term of this Court. It is considered by the Court that the said Plaintiff have and recover of and from the said Defendants as well as the said sum of $3627 for her Debt as in said Declaration alledged as the damages by the said Plaintiff sustained by reason of the Breaches of the said condition of the said writing obligatory in this behalf laid out and expended. But because of the truth of said Breaches as well as the amount of said damages is unknown to the Court it is ordered that a Jury be empannelled on the 5th day of the present term of this Court to inquire into the truth of said breaches and to assess said damages.

The State of Missouri in the Relation and to the use of Robert Rainey
vs                                                   Debt on Administration Bond
Isaac Woods, Henry Hickman and Jesse Hickman
Now at this day comes as well the said Plaintiff by William Townsend curator of the said Robert as the said Defendants by their attorneys and the motion of the said plaintiff heretofore filed for a Judgment by default coming on to be heard and it appealing to the court that the said Defendants have failed to plea herein and serve a copy of their pleas persuant to the leave of the Court to them given at the last term of this Court. It is considered by the Court that the said Plaintiff have and recover of and from the said Defendants as well as the said sum of $3627 for her debt as in said Declaration alleged as the damages by the said Plaintiff sustained by reason of the breaches of the said Declaration together with his costs and charges in this behalf laid out and expended and because the truth of the breaches as well as the amount of damages aforesaid is unknown to the Court it is ordered that a Jury be empannelled on the 5th day of the present term of this Court to enquire into the truth of said breaches and to assess said damages.

p 202.
The State of Missouri in the Relation and to the use of America Rainey
vs                                                   Debt on Admin. Bond.
Isaac Woods, Henry Hickman and Jesse Hickman
Now at this day comes as well the said Plaintiff by William Townsend curator of thesaid Defendants by their attorneys and the motion of the said Plaintiff heretofore filed for a Judgment by default coming on to be heard and it appearing to the Court that the said Defendants have failed to plead herein and serve a copy of their pleas persuant to the leave given to them at the last term of this Court. It is considered by the Court that the said Plaintiff have and recover of and from the said Defendants as well as the said sum of $3627 for her debt as in said Declaration alleged as the damage by the said Plaintiffs sustained by reason of the breaches of the said condition of the said writing obligatory alleged in said Declaration, together with her costs and charges in this behalf laid out and expended. But because the truth of said breaches is unknown to the Court it is ordered that a Jury be empannelled on the 5th day of the present term of this Court to enquire into the truth of said breaches and to assess said damages.

Crawford Crenshaw Plaintiff
vs                                                   Appeal J.P.
Francis S. Coleman Defendant
Now at this day come the parties by their respective attorneys and the motion to dismiss said cause heretofore filed coming on to be heard and after hearing the argument it is
(continued)

33
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
MAY TERM 1847

p 202 (continued)
considered by the Court that 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 for all of which execution may issue.

This day come William Breedlove by his attorney and by leave of the Court files herein his petition for a Writ of ad quod dam num and the matters and things therein contained being understood by the Court it is ordered by the Court that such Writ issue to be executed on the 15th day of July next.

p 203.
State of Missouri Plaintiff
vs                                                   Indictment for Larceny
Lewis A. Whitset Defendant
(cause continued to next term of this Court)

State of Missouri Plaintiff
vs                                                   Indictment for Assault with Intent to Kill
Archibald Brown Defendant
Now at this day comes the Circuit Attorney who prosecutes for the said State in this behalf and the said Defendant being thrice solemnly called comes not but herein makes default and thereupon Henry Bannister, Hezekiah Brown, Archibald Brown senr, Cornelius Brown, Daniel Brown, Alfred Stillions and Samuel Demint the securities in the recognizance being thrice solemnly called and required to bring in the body of the said Defendant Archibald Brown come not but fail to bring in his body as required it is therefore considered by the Court that said recognizance be forfeited and that a scin facias issue thereon returnable to the next term of this Court.

p 204.
State of Missouri Plaintiff
vs                                             Indictment for Playing Cards on the First Day of the Week.
William Martin Defendant
Now at this day comes as well the Circuit Attorney who prosecutes for the said State of Missouri in this behalf as the said Defendant by his attorney and the said Defendant being inquired of how he will acquit himself of the offence laid to his charge says that he is not guilty in manner and form as the said State has alleged in her said indictment and of this he puts himself upon the County, and the said Circuit Attorney doth the like and thereupon came a Jury, to wit: John McHaffie 1. Solomon Cotner 2. Woodsen Thomas 3. Simon D. Bird 4. James Potter 5. Marcus Boyd 6. Lucias A. Rountree 7. Joseph Price 8. Jason Isbell 9. Elijah Gray 10. Burton A. James 11. Charles McClure 12, twelve good and lawful men who being duly elected tried and sworn upon their oaths do say that the said Defendant is not guilty in manner and form as he is charged in said Indictment. It is therefore considered by the Court that the said State take nothing by her said Indictment and that the said Defendant be hereof discharged and go hence without day.

p 205.
State of Missouri Plaintiff
vs                                                   Indictment for Betting on Election.
John Wilkinson Defendant
Now at this day comes as well the Circuit Attorney who prosecutes for the said State in this behalf as the said Defendant by his attorney and the said Defendant being inquired of how he will acquit himself of the offence charged against him says that he is not guilty in manner and form as he is charged in said Indictment and of this he puts himself
(continued)

34
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
MAY TERM 1847

p 205 (continued)
upon the County and the said Circuit Attorney doth the like and thereupon came a Jury, to wit: Lemuel H. Freeman 1. Isaac Woods 2. Marcus Boyd 3. Joseph Price 4. David Appleby 5. Elijah Gray 6. Randolph Moore 7. James Potter 8. Annanias West 9. Edward Moore 10. Thomas J. Whitlock 11. Junius M. Rountree 12, twelve good and lawful men who being duly elected tried and sworn well and truly to try this issue joined upon their oaths do say that the Defendant is not guilty in manner and form as he is charged in said Indictment. It is therefore considered by the Court that the said State take nothing by her said Indictment and that the said Defendant be hereof discharged and go hence without day.

Burton A. James impleaded with William Cox, et al
vs                                                   In Chancery
Josiah Burney
Now at this day comes the said James By his solicitors and files herein his petition setting forth that he is the first incumbrance on said land in said bill mentioned under the said Cox and that he is entitled next after said Burney to have the proceeds of said lands applied to paying his debt and praying that an order to that effect be made at the final decree in this cause and that an order be now made for the parties to this suit to show cause to the contrary if any they can before the final decree herein. It is therefore ordered by the Court that the parties to this suit show cause if ariy why the prayer of the said James in his petition should not be granted.

p 206.
State of Missouri Plaintiff
vs                                                   Indictment for Assault with Intent to Kill
Absalom Baker and wife Defendants
Now at this day comes as well the Circuit Attorney who prosecutes for the said State in this behalf as the said Defendants in their own proper persons and the demurer of the said Defendants coming on to be heard it is considered by the Court that said demurer be sustained and that the said Indictment is not sufficient in Law to compel the said Defendants to answer the same, wherefore for want of a sufficient Indictment in this behalf it is considered by the Court that the said State take nothing by her said Indictment and that the said Defendants be hereof discharged and go hence without day. To which opinion of the Court the said Circuit Court Attorney excepts.

State of Missouri Plaintiff
vs                                                   Indictment for Assault with Intent to Kill
Absalom Baker and Loretta his wife Defendants
Now at this day comes the Circuit Attorney who prosecutes for said State in this behalf and pray an appeal from the Judgment in this cause to the Supreme Court which prayer is by the Court granted and such appeal allowed and it is ordered by the Court that said Defendants be committed or recognized and thereupon the said Defendants and Thomas Jones as his security acknowledges themselves to owe and stand justly indebted to the State of Missouri in the sum of $500 to be levied of their respective goods and chattels lands and tenements to be void upon this condition that if the said Defendants appear in the Supreme Court at the next term thereof to receive Judgment on said appeal and on this Court at such time and place as the Supreme Court shall direct and will render themselves in execution and obey every order and Judgment which shall be made in the premises
then this recognizance shall be void otherwise to remain in full force and effect.

35
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
MAY TERM 1847.

p 206.
Crawford Crenshaw
vs                                                Appeal from J.P. Forcible Entry and Detainer
Franklin S. Coleman
Now at this day came the said parties by their attorneys and the motion to dismiss this cause being taken up it is considered by the Court that said motion be sustained and this cause dismissed and that said Defendant recover from said Plaintiff his costs in this behalf for which execution may issue.

p 207. Wednesday morning 19 May 1847
William C. McBee Plaintiff
vs                                                   Petition in Debt
Thomas J.M. Hawkins et al Defendants
Now at this said day come the Plaintiff by his attorney and the said Defendants Thomas J.M. Hawkins and Priscilla Hawkins having been three times solemly called comes not but makes default and the demand being founded on an instrument of writing and the amount ascertained thereby the Court do find that the said Defendants owe and stand justly indebted to the said Plaintiff in the sum of $201.67 and that said Plaintiff has sustained damages by reason of the detention thereof in the sum of $30.75. It is therefore considered by the Court that said Plaintiff recover from the said Defendants the said sum of $201.67 for his debt and $30.75 for his damages and also his costs in this behalf expended for all of which execution may issue.

State of Missouri Plaintiff
vs                                                   Indictment for Obstructing Road
Thomas Wilkerson Defendant
Now at this day comes the Circuit Attorney who prosecutes for said State in this behalf and says he will not further prosecute said Indictment. It is therefore considered by the Court that said Defendant be discharged and that he go hence without day.

p 208.
State of Missouri Plaintiff
vs                                                   Indictment for Obstructing Road
Hugh Wilkinson Defendant
Now at this day comes as well the Circuit Attorney who prosecutes for the said State in this behalf as the said Defendant by his attorney and the said Defendant being inquired of how he will acquit himself of the offence charged in his said Indictment and of this he puts himself upon the County and the said Circuit Attorney doth the like, thereupon came a Jury, to wit: James Eastham 1. James Apperson 2. David Appleby 3. Isaac Woods 4. Joseph H. Miller 5. Edward Thompson 6. Edward Manning 7. B.R. Ragsdale 8. A.L. Rountree 9. Samuel Fulbright 10. Frederick Chambers 11. and Thomas Jessup 12. twelve good and lawful men who being duly elected tried and sworn well and truly to try the issue joined upon their oaths do say that the said Defendant is guilty in manner and form as charged in said Indictment and they assess the punishment of the said Defendant at a fine of six and one-fourth cents. It is therefore considered by the Court that the said State have and recover from the said Defendant the said sum of six and one-fourth cents for the fine aforesaid and her costs and charges in this behalf laid out and expended for all of which execution may issue.

p 209.
Nancy Akin et al Plaintiff
vs                                                   Petition for Partition
James Akin et al Defendant -
Now at this day come the said Petitioners by their attorney and no cause being shown why the said report should not be confined and the report of the Commissioners appointed
(continued)

36
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
MAY TERM 1847

p 209 (continued)
to make partition being that partition of said land in said petition mentioned cannot be made without great prejudice to the owners of the same and the Court being satisfied that such report is just and correct, it is therefore considered by the Court that said report be confined and that the Sheriff of Greene County sell the premises, to wit: the NW 1/4 of the NE 1/4 and the E 1/2 of the NN 1/4 and the NE 1/4 of the NE 1/4 of Sect. 23 in
Township 30 Range 21 and the NE 1/4 of Sec 22 Tnwnship 30 Range 21 at public auction to the highest bidder on a credit of 12 months taking bonds with approved security for the payment of the purchase money bearing interest at the rate of six percent per annum.

State of Missouri Plaintiff
vs                                                   Indictment Betting on Elections.
Edward Roberts Defendant
Now at this day comes the Circuit Attorney who prosecutes for said State in this behalf and says that he will not further prosecute. The said State take nothing by her said Indictment. It is therefore considered by the Court that the said Defendant be hereof discharged and go hence without day.

p 210.
State of Missouri Plaintiff
vs                                                  Indictment. Playing Cards on the First Day of the Week.
Wade Burden Defendant
Now at this day comes as well the Circuit Attorney who prosecutes for the said State in this behalf as the said Defendant by his attorney and the said Defendant being inquire of how he will acquit himself of the offence charged against him for plea says that he is not guilty in manner and form as charged in said indictment and of this he puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: J.A. Renshaw 1. L. Payne 2. Hugh Wilkinson 3. Thomas Wilkinson 4. Marcus Boyd 5. E. Gray 6. James Eastham 7. Thomas J. Whitlock 8. Joseph T. Morton 9. L.A. Rountree 10. Benjamin Beal 11. R.P. Haden 12. twelve good and lawful men who being duly elected tried and sworn well and truly to try the issue joined upon their oaths do say that the said Defendant is not guilty in manner and form as the sdid State has alleged in her said Indictment. It is therefore considered by the Court that the said State take nothing by her said Indictment and that the said Defendant be hereof discharged and go hence without day and so forth.

State of Missouri Plaintiff
vs                                                   Indictment. Sabbath Breaking
William Anderson Defendant
Now at this day comes the said Circuit Attorney who prosecutes for said State in this behalf and says that he will not further prosecute said Indictment. It is therefore considered by the Court that the said State take nothing by her said Indictment and that the said Defendant be hereof discharged and go hence without day.

p 211.
State of Missouri Plaintiff
vs                                                   Indictment. Sabbath Breaking
James Shehane Defendant
Now at this day comes the said Circuit Attorney who prosecutes for said State in this behalf and says that he will not further prosecute said Indictment. It is therefore considered by the Court that the said State take nothing by her said Indictment and that the said Defendant be hereof discharged and go hence without day.

37
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
MAY TERM 1847

p 211.
State of Missouri Plaintiff
vs                                                   Indictment for Gaming.
Thomas Degraffenreid Defendant
Now at this day comes the said Circuit Attorney who prosecutes for said State in this behalf and says that he will not further prosecute said Indictment. It is therefore considered by the Court that the said State take nothing by her said Indictment and that the said Defendant be hereof discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Indictment for Gaming.
Henry Josses Defendant
Now at this day comes the said Circuit Attorney who prosecutes for said State in this behalf and says that he will not further prosecute said Indictment. It is therefore considered by the Court that the said State take nothing by her said Indictment and that the said Defendant be hereof discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Indictment for Gaming
G.M. Gass Defendant
Now at this day comes the said Circuit Attorney who prosecutes for said State in this behalf and says that he will not further prosecute said Indictment. It is therefore considered by the Court that the said State take nothing by her said Indictment and that the said Defendant be hereof discharged and go hence without day.

p 212/213.
State of Missouri Plaintiff
vs                                                   Indictment for Sabbath Breaking
John Cox Defendant
Now at this day comes as well the Circuit Attorney who prosecutes for the State in this behalf as the said Defendant by his attorneys and the said Defendant by being inquired of how he will acquit himself of the offence charged against him says that he is not guilty in manner and form as charged in said indictment and of this he puts himself upon the County and the said Circuit Attorney doth the like and thereupon came a Jury, to wit: A.J. Renshaw 1. L. Payne 2. Hugh Wilkinson 3. Thomas Wilkinson 4. Marcus Boyd 5. E. Gray 6. James Eastham 7. Thomas J. Whitlock 8. Joseph T. Morton 9. L.A. Rountree 10. Benjamin Beal 11. R.P. Haden 12,. twelve good and lawful men who being duly elected tried and sworn well and truly to try the issue joined upon their oaths do say that the said Defendant is guilty in manner and form as charged in said Indictment and the said Jury not having declared the punishment of said Defendant by their verdict the Court does assess and declare the punishment of the said Defendant to be a fine of three dollars. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant the sum of three dollars for the fine aforesaid and also the costs of the said State in this behalf laid out and expended for all of which execution may issue.

p 214.
D.D. Berry
vs                                                   Attachment
James P. Akin
Now at this day come the Plaintiff in this cause and it appearing to the satisfaction of the Court that James P. Akin has been notified by publication in the SPRINGFIELD ADVERTISER a weekly newspaper published in the City of Springfield in Greene County, Missouri, and the said James P. Akin having been three times solemnly called comes not but makes
(continued)

38
GREENE COURT, MISSOURI, CIRCUIT COURT CASES

Book C.
MAY TERM 1847.

p 214. (continued)
a default and the demand being founded on two instrutnents of writing and the amount ascertained thereby the Court do find that the said Defendant owes and stands justly indebted to the said Plaintiff in the sum of $85.13 for his debt and $73.77 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 $85.13 for his debt and $73.77 for his damages for the detention thereof together with his costs in this behalf laid out and expended for all of which execution may issue to be levied of the property attached, to Wit: the NE 1/4 of the NE 1/4 of Sect. 22 and the NW 1/4 of the NE 1/4 and the E 1/2 of NW 1/4 and the NE 1/4 of the NE 1/4 of the last three last named pieces in Sect. 23 TWP 30 Range 21 W.

p 215,216 - Divorces previously published.

p 217 - nil

p 218.
John W. McCaw Plaintiff
vs                                                   Appeal from J.P.
Thomas Dodds Defendant
Now at this day come the parties aforesaid by their respective attorneys and thereupon came a Jury to wit: Elijah Gray, Joseph Miller, Joseph Burden, William Guthrie, Edward Moore and Solomon Cotner who being duly elected tried and sworn well and truly to try the issue joined upon their oaths do say that the said Defendant owes and stands justly indebted to the said Plaintiff in the sum of $2.15. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of $2.15 for his debt together with his costs in this behalf for which execution may issue.

David Potter Plaintiff
vs                                                   Appeal from J.P.
William H. Frazier Defendant
Now at this day come the parties aforesaid by their respective attorneys and neither party requiring a Jury the Court do find that the said Defendant owes and stands justly indebted to the said Plaintiff in the sum of $9.42 and that the said Plaintiff has sustained damage by reason of the non-payment thereof in the sum of $2.20. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of $9.42 for his debt and $2.20 for his damages as well as his costs in this behalf for which execution may issue and so forth.

p 218.
State of Missouri Plaintiff
vs                                                   Indictment for Obstructing Road
Hugh Wilkinson Defendant
Now at this day comes as well the Circuit Attorney who prosecutes for the said State in this behalf as the said Defendant by his attorney and the said Defendant's motion in arrest of Judgment coming on to be heard it is considered by the Court that said indict ment is insufficient in Law for the said State to hear Judgment against the said Defendant. It is therefore considered by the Court that said State take nothing by said indictment and that said Defendant be hereof discharged and go hence without day.

p 219.
State of Missouri Plaintiff
vs                                                   Indictment for Obstructing Road
Benjamin W. Cannefax Defendant
Now at this day comes as well the Circuit Attorney who prosecutes for the State in this
(continued)

39
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

May Term 1847
Book C.

p 219 (continued)
behalf as the said Defendant by his attorney and the said Defendant's motion to quash said indictment being seen by the Court and fully understood it is considered by the Court that said indictment is insufficient to compel the said Defendant to answer the same and that the same be quashed. It is therefore considered by the Court that the State take nothing by her said indictment and that the said Defendant be hereof discharged and go hence without day.

Friday Morning May 21st. Present as on yesterday.

The State of Missouri in the relation and to the use of
William Townsend and Emily, his wife
vs                                                   Debt and Administrative Bond
Isaac Woods, Henry Hickman, Jesse Hickman
Now at this day comes the parties aforesaid by their respective attorneys and the said Defendant's motion in arrest of Judgment being seen by the Court and the premises fully understood, it is considered by the Court that said motion be overruled.

The State of Missouri in the relation and to the use of Robert Rainey
vs                                                   Debt on Administration Bond
Isaac Woods, Henry Hickman and Jesse Hickman
Now at this day comes as well the said Plaintiff by William Townsend curator of the said Robert as the said Defendants by their attorneys and the said Defendants motion in arrest of Judgment being seen by the Court and the premises fully understood. It is considered by the Court that said motion be overruled.

p 220.
The State of Missouri in the relation and to the use of America Rainey
vs                                                   Debt on Administration Bond
Isaac Woods, Henry Hickman and Jesse Hickman
Now at this day comes as well the said Plaintiff by William Townsend curator of the said America as the said Defendants by their attorneys ard the said Defendants motion in arrest of Judgment being seen by the Court and the premises fully understood. It is considered by the Court that said motion be overruled.

Now at this Day comes here into Court the Grand Jury and present here in Court the following indictments as true bills - to wit:

State of Missouri vs
David Winneyham and Lucinda Denny -- Indictment for Lewdness
Hezekiah Blankenship -- Felonious assault
William Martin and John -- Cox Gaming.

Arthur Tappan et al
vs                                                   Assumpsit
John S. Phelps and Mary his wife
Now at this day come the said plaintiffs by their attorney and by leave of the Court strike cut of their declaration herein the fifth count thereof and on their motion leave is by the Court given therein to amend their replications to the said Defendants' pleas of the Statute of Limitations.

p 221.
Ordered by the Court that capiases issue upon all Indictroents found at the present term of this Court.

40
GREENE COUNTY, MISSOURI, CIRCEJIT COURT CAEES

Book C.
May Term 1847.

p 221/222.
Greene County, to the use of the road and canal fund
vs                                                   Petition in Debt
Littleberry Hendricks, John Edwards and Isaac Woods.
Now at this day comes as well the said Plaintiff by the Circuit Attorney as the said Defendants by their attorney and by leave of the Court withdraw their pleas in this cause. It is therefore considered by the Court that the said Plaintiff have Judgment by default against the said Defendants - and that this suit being founded on an instrument of writing and the amount being ascertained thereby the Court do find that the said Defendants owe and stand justly indebted to the said Plaintiff in the sum of $177.80 and that the said Plaintiff has sustained damages by reason of the detention thereof the sum of $116.46. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the said sum of $177.80 for her debt and also the said sum of $116.46 for her damages together with her costs in this behalf laid out and expended for all of which execution may issue.

p 222.
Ordered that a Special Adjourned Session of this Court in continuation of the present term of this Court be held on the second Monday of August 1847 to which time all causes and motions not otherwise determined are hereby continued.

State of Missouri, in the relation and to the use of Robert Rainey
vs                                                   Debt on Administration Bond
Isaac Woods, Henry Hickman and Jesse Hickman.
Now at this day came as well the said Plaintiff by William Townsend curator of the said Robert as the said Defendants by their attorneys and thereupon came a Jury, to wit: Mabane W. Anderson 1. James Lee 2. William S. Wilkes 3. William McGhee 4. George W. Kelly 5. Samuel Fulbright 6. Joseph D. Sharp 7. Benjamin S. Lane 8. Ezekiel C. Cook 9. Arthur N. Davis 10. Jacob Proctor 11. Stephen Samuels 12. Twelve good and lawful men who being duly sworn well and truly to inquire into the truth of the breaches of the said condition of the said writing obligatory in said declaration alleged and to assess the damages sustained thereby upon their oaths do say that the third breach assigned in the said Plaintiff's declaration is true and that the said Plaintififf has sustained damages thereby to the amount of $265.41. It is therefore considered bt the Court that the said Plaintiff in the relation and to the use of the said Robert Rainey have and recover of and from the said Defendants the sum of $3627 for her sum of $265.41 for her damages assessed as aforesaid together with her costs in this behalf laid out and expended. And it is further considered by the Court that the said Plaintiff in the relation and to the use of the said Robert Rainey have execution for her damages and costs aforesaid.

p 223.
The State of Missouri in the relation and to the use of Robert Rainey
vs                                                   Debt on Administration Bond
Isaac Woods, Henry Hickman and Jesse Hickman
Now at this day came the said Defendants by their attorneys and by leave of the Court file herein their Bill of Exceptions and also an affidavit for an appeal to the Supreme Court and the said Defendants by their attorney may an appeal to the Supreme Court which appeal is by the Court allowed.

END OF MAY TERM 1847.

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