Abstract of Circuit Court Record Books 1840 - 1845

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

November Term 1841.
Book B.

p 188.
At a Circuit Court commenced on the 15th day of November in the year of our Lord one thousand eight hundred and-forty one. Present Hon C.L. Yancey Judge, Cyrus Stark Prosecuting Attorney, Joshua Davis Clerk, Thomas Horn and N.R. Smith Sheriff.

On motion it is ordered by the Court here that John C. Price be permitted to sign the roll of attorneys. This day came the Sheriff of Greene County and returns a venire facias to him directed with a panel of Grand Jurors for the aody of the County of Greene: Alexander Younger was appointed foreman, James W. Gray, R.J. Davenport, Thomas P. Henry, W.D. Sprowl, W. Summers, Junius T. Campbell, Wm. Vaugn, A.H. Walker, Samuel Snow, Joseph Farrier, Daniel Miller, John Bolin, Thomas Hodges, William Cloud, Fifteen good and lawful men subject to no just objection, having been sworn received a charge from the Court and retired to consider of their presentments.

State of Missouri Plaintiff
vs                                                   Trespass.
Jacob Adams Defendant
Now at this day came the Defendant in the above cause as well as the Prosecuting Attorney who says he cannot deny but that he is guilty in manner and form as charged in said indictment. It is considered by the Court that the State of Missouri recover of said Defendant the sum of $5 together with costs of suit in this behalf laid out and expended for all of which execution may issue.

p 189.
Tuesday morning 16 November Court met persuant to adjournment. Present as of yesterday.

Joseph H. January Plaintiff
vs                                                   Petition in debt.
Peter Apperson Jun. Defendant
(Defendant withdrew demurer)

Chesley Cannefax Plaintiff
vs                                                   Appeal County Court
Peter Apperson adm Defendant
On motion of Plaintiff's attorney leave is given to amend his bill of exceptions.

Ordered by the Court here that Cyrus Stark and E.D. McKenney be permitted to sign the roll of attorneys who plea at this Court.

State of Missouri Plaintiff
vs                                                   Gaming
Ephraim M. Massey Defendant
Ordered by the Court here that an alias capias issue in the above cause to the Sheriff of Greene County.

State of Missouri Plaintiff
vs                                                   Gaming
James Blackwell Defendant
Now at this day came the Defendant by his attorney as well as Cyrus Stark who prosecutes in behalf of the State of Missouri and the said Defendant says that he cannot deny but that he is guilty in manner and form as charged in said indictment. It is considered by the Court that the State of Missouri have and recover of said James Blackwell the sum of $5 together with his costs in this behalf laid out and expended for all of which execution may issue.

41
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. November Term 1841
p 190.
A. Tappan etc Plaintiff
vs                                                   Trespass on the Case
John T. Phelps and Mary Phelps Defendants
Now at this day came the Defendant in his own proper person and by leave of the Court here files his motion to suppress dispositions of Plaintiffs witnesses which motion was sustained, and said cause is continued till the next term of this Court and leave is given to withdraw the dispositions in said cause and that the Plaintiff pay the cost
of continuance.

State of Missouri Plaintiff
vs                                                   Gaming
John Dixon Defendant
Ordered by the Court that an alias capias issue in the above cause directed to the Sheriff of Greene County.

State of Missouri Plaintiff
vs                                                   Gaming
George Reader Defendant
(Cause continued, generally)

Craighead and Allen Plaintiff
vs                                                   Assumpsit
John Phelps and Mary Phelps Defendants
(Continued to next term)

State of Missouri Plaintiff
vs                                                  
Jabez Townsend Defendant
Now at this day came the Defendant in his own person and Cyrus Stark who prosecutes in behalf of the State of Missouri being also present, says he cannot deny but that he is guilty in manner and form as charged in said indictment. The Court do find that the State of Missouri have and recover of said Defendant the sum of $5 together with costs in this behalf for all of which execution may issue.

p 191.
Sarah Carter Plaintiff
vs                                                   Appeal J.P.
Littleberry Hendricks Defendant
(Cause continued to next term of this Court)

State of Missouri Plaintiff
vs                                                   Gaming
James Lee Defendant
This day came the Defendant in his own proper person and Cyrus Stark who prosecutes on behalf of the State of Missouri. The Defendant says he cannot deny but that he is guilty in manner and form as charged in said indictment the premises being understood the Court do consider that the State of Missouri have and recover of said Defendant the sum of $5 together with her costs in this behalf laid out and expended for all of which execution may issue.

Samuel Burk Plaintiff
vs                                                   Appeal J. P.
(continued till next term)

42
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

Book B. November Term 1841

p 191.
Benjamin M. Jewitt Plaintiff
vs                                                   Assumpslt
R.K. Payne Defendant
(continued till next term)

p 192.
R.K. Payne Plaintiff
vs                                                   Appeal J.P.
B.M. Jewitt Defendant
(case continued till next term)

State of Missouri Plaintiff
vs                                                   Gaming
Eldridge B. Miller Defendant
This day came the Defendant in the above cause by his Attorney as well as by Cyrus Stark who prosecutes in behalf of the State of Missouri and says that he cannot deny but that he is guilty in manner and form as charged in the indictment. It is therefore considered by the Court that the State of Missouri have and recover of said Defendant the sum of $5 together with her costs in this behalf laid out and expended for all of which execution may issue.

p 193.
Jacob Sease Plaintiff
vs                                                   Slander
Pharoah Cook Defendant
This day came the Plaintiff by attorney and the Defendant in his own proper person who says he cannot deny but that the Plaintiff has sustained damage to the amount of two thousand dollars the amount set forth and alledged in the declaration of the said Plaintiff. It is therefore considered by the Court that the said Plaintiff Jacob Sease have and recover of the said Defendant Pharoah Cook the aforesaid sum of two thousand dollars together with his costs about the suit laid out and expended and that he have execution therefor, and thereupon the said Plaintiff Jacob Sease in his own proper person appeared in Open Court and remitted the aforesaid Judgment of two thousand dollars the damage aforesaid on the Defendant paying the costs of this suit for all of which execution may issue.

State of Missouri Plaintiff
vs                                                   Attachment
Isaac Findley Defendant
This day came Isaac Findley whose body had been attached as a witness for nonattendance at this Court and for good cause shown it is considered by the Court that no fine or costs incur against said Defendant and that he go hence without day.

p 194.
James L. Porter Plaintiff
vs                                                   Attachment
Christopher C. Walkup Defendant
This day came the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the said Defendant cannot be summoned, and that his property and effects are attached and the Defendant not having appeared and answered the Plaintiff at the return term of the Writ, on motion of the Plaintiff it is ordered by the Court that publication be made notifying him, the said Defendant, that an action of Assumpsit has been commenced against him on an account for the sum of $35, that his property has been attached and that unless he appear at the next term of this Court and on or before the third day thereof Judgment will be rendered against him and his property sold to satisfy the same.
(continued)

43
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. November Term 1841.
p 194 (continued)
And it is further ordered that the said notice be published in some newspaper in this State for four weeks successively, and that the last insertion be at least three weeks before the next term of this Court.

Chesley Cannefax Plaintiff
vs                                                   Appeal
Peter Apperson adm Defendant
This day came the parties by their attorneys and the Defendant by his attorney filed his motion to dismiss said appeal and all and singular the premises being heard and fully understood by the Court said motion is sustained. It is therefore considered by the Court that said appeal be dismissed and that the said Defendant Peter Apperson adm have and recover of said Chesley Cannefax and Benjamin Cannefax, his security in said appeal, the cost about his suit laid out and expended for all of which execution may issue.

p 195.
Joel H. Haden Plaintiff
vs                                                   Petition in debt
R.K. Payne Defendant
This day came the Plaintiff by his attorney as well as the Defendant in his own proper person and says he cannot deny but that he is justly indebted to the said Plaintiff in the sum of $271 debt and $14.85 damages the premises being heard and fully understood. It is considered by the Court that said Plaintiff have and recover of said Defendant the aforesaid sum of $285.80 for debt and damages with 10% interest, together with his costs in this behalf laid out and expended for all of which execution may issue.

Thomas M. Cox Plaintiff
vs                                                   Petition in debt
James Lee Defendant
This day came the Plaintiff by his attorney as well as the Defendant in his own proper person who says he cannot deny but that he is justly indebted to the Plaintiff in the sum of $60 and $510 damages. Demand is examined an instrument of writing executed by the Defendant wherefor it is considered by the Court that said Plaintiff have and recover of said Defendant the aforesaid sum of $65.10 debt and damage and 10% interest together with his costs on this behalf laid out and expended for all of which execution may issue.

Wednesday morning - Court met persuant adjournment. Present as yesterday.

G.P. Shackleford Plaintiff
vs                                                   Debt
John S. Wills Defendant
This day came the Plaintiff by his attorney and the Defendant having been thrice solemnly called came not but makes default and the demand being founded on an instrument of writing and the amount ascertained thereby the Court do find that the said Defendant owes and stands justly indebted to the said Plaintiff in the sum of $250 for his debt and the further sum of $4.35 for damages. It is therefore considered by the Court that said Plaintiff have and recover of said Defendant the aforesaid debt and damages together with his costs in this behalf laid out and expended for all of which execution may issue.

p 196.

Samuel F. January Plaintiff
vs                                                   Debt
A.N. Farmer Defendant
Now at this day came the Plaintiff by his attorney and the Defendant having been thrice solemnly called came not but makes default and the demand being founded on an instrument
(continued)

44
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. November Term 1841

p 196 (continued)
of writing and the amount as contained thereby the Court do find that the said Defendant owes and stands justly indebted to the Plaintiff in the sum of $104.95 for his debt and damages. It is therefore considered by the Court here that the said Plaintiff have and recover of said Defendant the aforesaid sum of $104.95 for his debt and damages bearing 10% interest together with costs in thisbehalf laid out and expended for all of which execution may issue.

Edmund Turner Plaintiff
vs                                                   Petition in Debt
E.B. McLain Defendant
This day came the Plaintiff by his attorney and the Defendant having been thrice solemnly called came not but makes default and the demand being founded on an instrument of writing and the amount being ascertained thereby the Court do find that the said Defendant owes and stands justly indebted to the said Plaintiff in the sum of $825 for his debt and $85.93 for his damages for the detention thereof. It is therefore considered by the Court here that the said Plaintiff have and recover of said Defendant the aforesaid sum of $825 for his debt and $85.93 for his damages together with his costs in this behalf laid out and expended with 10% interest for all of which execution may issue-.

J. Vaulx Plaintiff
vs                                                   Debt
B.W. Cannefax Defendant
(Continued till next term)

p 197.
James Lee Plaintiff
vs                                                   Appeal J.P.
John Dixon Defendant
This day came the parties by their attorneys and thereupon came a Jury (to wit) John W. Hancock, David Reynolds, Elijah Gray, John M. Sims, Robert W. Sims, John H. Gibson, Levi Baker, James Beal, Benjamin W. Cannefax, Robert Dillard, Thomas J. Bailey and Thomas J. Mills, twelve good and lawful men who having been duly tried elected and sworn well and truly to try the issue found between the said parties and having heard the allegations and proofs of the said parties retired to consider of their verdict. And afterward the aforesaid Jurors returned into Court the following verdict: We the Jurors do find that the said Defendant is not indebted to the said James Lee in manner and form as the said James Lee has above thereof complained against him, the said John Dixon. It is therefore considered by the Court here that the said John Dixon have and recover of and from the said James Lee his costs of suit in this behalf laid out and expended and that he have execution therefor.

p 198/199.
John Dixon Plaintiff
vs                                                   Petition to foreclose mortgage
James Pankey Defendant
To the above named James Pankey and all others concerned, you are hereby notified that a suit of the above title has been commenced against you the said James Pankey on the 20th day of September AD 1841. Summons issued on the 7th day of October following returnable to the November Term of the Greene Circuit Court. Then following and at the return day of said Writ, and it appearing to the satisfaction of the said Court that the said James Pankey is a non-resident of this State an order was made by said Court on the 17th day of said Month of November 1841, that said James Pankey the Defendant be notified by publishing the following order in some newspaper published in this State for eight weeks successively the last insertion to be at least thirty days before the commencement of the next
(continued)

45
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. November Term 1841.

p 198/199 (continued)
term of this Court which will commence at the Courthouse in Springfield on the third Monday after the fourth Monday in February, next, 1842. The substance of the allegations of the petition is that on the 19th day of December AD 1839, you, the said James Pankey, who is not now a resident of this State, made and executed your mortgage deed to said Plaintiff, John Dixon, wherein you conveyed to him the premises therein described to wit: all that piece or parcel of land lying and being in the County of Greene and State of Missouri and described as follows, to wit: the SW qtr of Section number 25, Township number 28 Range number 23, it being the same tract of land the day conveyed to you by the said John Dixon containing 40 acres more or less. To have and to hold the same to him and his heirs to their own proper use and in which you the said James Pankey for yourself and your heirs did warrant and defend the title to the above described premises against all claims and demands whatever. Conditioned as follows that whereas the said Pankey is indebted to the said Dixon the sum of $105 payable on the first day of May next after the date aforesaid (of 19th December 1839) if you said James Pankey the Defendant shall well and truly pay the said sum of money according to the tenor of said deed that then the same to be void. That the said sum of money in said deed mentioned yet remains unpaid and the prayer of said petition is that said Court will render Judgment for said sum of money so due and unpaid from you the said James Pankey and damage for the detention thereof together with costs and that the equity of redemption of the said mortgage premises may be foreclosed, that said mortgaged property may be sold to satisfy the amount due your petitioner - viz - the amount of $105 as aforesaid and that unless you appear at the next term of this Court to be holden as aforesaid and on or before the 3rd day of said term plead, answer or demur to said petition the allegations therein will be taken as confessed and a decree accordingly.

p 200 (Divorce published separately)

p 201.
James A. Bouldin Plaintiff
vs                                                   Petition in debt
F.C. Cason Defendant
This day came the parties by their attorneys and said cause being founded on an instrument of writing and the amount having been ascertained thereby, and neither party requiring a Jury, the cause was submitted to the Court and the Court sitting as a Jury do find that said Defendant owes and stands justly indebted to the Plaintiff in the sum of $321.50 for his debt and damages for the detention thereof to the amount of $54.65. It is therefore considered by the Court that he have and recover of said Defendant the sum of $376.15 for his debt and damages together with his costs in this cause laid out and expended for all of which execution may issue.

State of Missouri Plaintiff
vs                                                   Attachment
James Lee Defendant
On motion of Cyrus Stark Prosecuting Attorney 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 Greene County, commanding him to take the body of James Lee and have him before the Judge of the Greene Circuit Court now sitting instanter to give evidence before the Grand Jury and not depart the same without leave.

p 202.
State of Missouri Plaintiff
vs                                                  
Peter Apperson Jun. Defendant
This day came Cyrus Stark who prosecutes in behalf of the State of Missouri and for good cause shown it is ordered by the Court here that an attachment issue against said Peter Apperson returnable instanter.

46
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. November Term 1841.

p 202
State of Missouri Plaintiff
vs                                                  
Peter Apperson Jun. Defendant
This day came Cyrus Stark who prosecutes in behalf of the State of Missouri and for good cause shown it is ordered by the Court here that an attachment issue against said Peter Apperson returnable instanter.

State of Missouri Plaintiff
vs                                                  
Eldridge B. Miller Defendant
This day came Cyrus Stark who prosecutes in behalf of the State of Missouri and for good cause shown it is ordered by the Court here that an attachment issue against said Eldridge B. Miller returnable instanter.

State of Missouri Plaintiff
vs                                                  
Wade Burden Defendant
This day came Cyrus Stark who prosecutes in behalf of the State of Missouri and for good cause shown it is ordered by the Court here that an attachment issue against said Wade Burden returnable instanter.

p 203.
State of Missouri Plaintiff
vs                                                   Attachment for disobedience of Process
James Lee Defendant
This day came James Lee in his own proper person and the Circuit Attorney being also .present, it appearing to the satisfaction of the Court that the said James Lee had been duly summoned to appear in Court to give evidence before the Grand Jury at the present term thereof and it appearing to the Court that the said James Lee had wilfully refused to obey the said summons and absented himself after he had been thrice solemnly called at the Courthouse door during the sitting of the Court. It is therefore considered by the Court that said State of Missouri have and recover of said James Lee the sum of one dollar as a fine imposed together with costs of suit in this behalf laid out and expended and that she have execution thereof.

Friday Morning 19 November 1841.

A.C. Adams Plaintiff
vs                                                   Appeal J.P.
C.D. Ladd Defendant
(Plaintiff says no longer will he press suit)

John Philips Plaintiff
vs                                                   Debt
Benjamin M. Jewett & Joseph Crutchfield Defendants
Now at this day came the Plaintiff in the above cause by his attorney and on motion of said attorney it is ordered by the Court here that an alias Writ be awarded against B.M. Jewett directed to the Sheriff of Polk County returnable to next term of Court.

p 204.
State of Missouri Plaintiff
vs                                                   Attachment for disobedience of Process
Peter Apperson Jun Defendant
Now at this day came Peter Apperson Jun in his own proper person and Cyrus Stark who prosecutes in behalf of the State of Missouri being also present the Premises being fully understood by the Court. It is considered by the Court that the said State of Missouri have and recover of said Peter Apperson Jun the sum of $10 together with her costs in this behalf laid out and expended for all of which execution may issue.

47
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. November Term 1841

p 204.
Peter Apperson Jr. Plaintiff
vs                                                  
State of Missouri Defendant
This day came the said Peter Apperson Jr by his attorney and moves to remit said fine and costs and for good cause shown the said fine of $10 and costs are and they are hereby remitted.

State of Missouri Plaintiff
vs                                                   Attachment
E.B. Miller Defendant
On a motion for good cause shown by Cyrus Stark who prosecutes in behalf of the State of Missouri it is ordered by the Court here that an alias attainment issue directed to the Sheriff of Greene County returnable to the next term of this Court against said E.B. Miller.

State of Missouri Plaintiff
vs                                                   Gaming
R.J. McElhaney Defendant
This day came the Defendant R.J. McElhaney in his own proper person into Open Court together with R.W. Crawford, his security, and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of $50 to be levied of their respective goods and chattles lands and tenements for the use of the said State of Missouri to be void on this condition that the said Robert J. McElhaney be and appear before the Judge of our said Circuit Court on the first day of our next term thereof which commences on the third Monday after the fourth Monday in February next and not depart the same without leave thereof then the recognizance to be void otherwise to remain in full force and virtue.

p 205.
State of Missouri Plaintiff
vs                                                   Indictment for keeping gaming house.
Robert J. McElhaney Defendant
This day came the Defendant in the above cause by his attorney and moves the Court to quash said indictment for reasons set forth in said motion which motion after having been examined by said Court was overruled by the Court.

State of Missouri Plaintiff
vs                                                   Attachment for disobedience of process.
Wade Burden Defendant
Now at this day came the Defendant in the above cause and Cyrus Stark who prosecutes in behalf of the State of Missouri being also present and all and singular the premises being heard and fully understood by the Court it is considered by the Court that the said State of Missouri have and recover of said Wade Burden the sum of $2.50 as fine together with her costs in this behalf laid out and expended for all of which execution may issue.

p 206
It is ordered by the Court that all causes and motions not otherwise disposed of be and the same are hereby continued until the next term of this court.

End of November Term 1841

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