Abstract of Circuit Court Record Books 1840 - 1845

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

November Term 1842.

p 273.
At a circuit Court begun and held at the Court House in the town of Springfield on the 14th day of November 1842. Present the Honorable Charles S. Yancey Judge, James H. McBride Circuit Attorney, Thomas B. Neaves Sheriff, Joshua Davis Clerk.

This day came Thomas B. Neaves Sheriff of the County of Greene and returned the venira facias with a panel of Grand Jurors endorsed thereon to serve as the Grand Inquest of the State of Missouri for the body of the County of Greene, to wit: Porter Frizell 1. Robert Wisener 2. Abel Arrington 3. John Robberson 4. John Grigsby 5. Wm. McClure 6. James Thompson 7. John Raimey 8. Ezekiel C. Cook 9. Reuben Hale 10. Wm. Smith 11. Archibald Payne 12. Thomas Cawlfield 13. Robert Chaffin 14. Joseph Farrier 15. Fifteen good and lawful men who having been sworn, received a charge from the Court, retired from the Bar to consider of their presentments, Ezekiel C. Cook having been appointed foreman of said Grand Jury.

State of Missouri Plaintiff
vs                                                   Indictment for gaming
Waymire Summers Defendant
This day came James H. McBride who prosecutes in behalf of the State of Missouri and the Defendant by his attorney and for a plea thereof says he is not guilty and puts himself upon the County and the Circuit Attorney doth the like, and thereupon came a Jury, to wit: Isaac Woods 1. Henry Collier 2. John P. Campbell 3. Joseph T. Morton 4. James W. Blakey 5. Robert Wills 6. Thomas Ellison 7. William R. Britt 8. William Pryor 9. Joseph Powell 10. Levi Baker 11. and G.W. Sims 12, twelve good and lawful men elected tried and sworn to render a true verdict and having heard the allegations and proof returned into Court the following verdict "We the Jury find the Defendant guilty in manner and form as charged in said indictment and assess the damage to $10." It is therefore considered by the Court that the State of Missouri have and recover of said Defendant the aforesaid sum of $10 together with his costs in this behalf laid out and expended for all of which execution may issue.

73
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
November Term 1842.
p 274. Tuesday Morning 15 November 1842

State of Missouri Plaintiff
vs                                                   Indictment for Gaming
Guien Leeper Defendant
This day came James H. McBride who prosecutes in behalf of the State of Missouri and Guien Leeper in his own proper person and for a plea thereof says he is not guilty and puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: Z.M. Rountree 1. Henry Matlock 2. L.A. Rountree 3. William Gray 4. James Gray 5. Wm. Cox 6. Benj. Chapman 7. John Weaver 8. Thomas Jessup 9. Daniel Payne 10. John D. Dickey 11. William T. Ward 12, twelve good and lawful men elected tried and sworn to render a true verdict and having heard the allegations and proof returned into Court the following verdict - "We the Jury find the Defendant guilty in manner and form as charged in said Indictment and assesses the fine at $10." It is therefore considered by the Court that the said State of Missouri have and recover of the said Defendant the aforesaid sum of $10 together with her costs in this behalf laid out and expended for all of which execution may issue.

p 275.
State of Missouri Plaintiff
vs                                                   Recognizance to keep peace.
John L.C. Huddleston Defendant
This day came the Circuit Attorney who prosecutes on behalf of the State of Missouri and the Defendant in his own proper person and the proof and allegations having been heard and fully understood by the Court, it is considered by the Court that the said Defendant be discharged from his recognizance to keep the peace and that he pay the costs in this behalf laid out and expended for all of which execution may issue.

p 276.
State of Missouri Plaintiff
vs                                                   Indictment for Gaming
R.B. Coleman Defendant
This day came the Defendant in his own proper person and James H. McBride being also present. The said Defendant says he cannot deny but that he is guilty as charged in the said bill of indictment. It is therefore considered by the Court that the said State of Missouri have and recover of the said Defendant the sum of $10 as a fine imposed together with her costs in this behalf laid out and expended for all of which execution may issue.

p 277.

State of Missouri Plaintiff
vs                                                   Indictment for Gaming
Samuel H. Bunch 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 Attorney for the said Defendant says that he cannot deny but that the Defendant is guilty in manner and form as charged in the said indictment. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Samuel H. Bunch the sum of $10 as a fine imposed together with her costs in this behalf laid out and expended for all of which execution may issue.

State of Missouri Plaintiff
vs                                                   Indictment for Gaming
Samuel H. Bunch Defendant
This day came the Defendant by his Attorney and the Prosecuting Attorney being also present the Defendant says by his attorney he cannot deny but that he is guilty in
(continued)

74
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
November Term 1842.
p 277 (continued)
manner and form as charged in said bill of indictment - It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the sum of $10 as a fine imposed together with her costs in this behalf laid out and expended for all of which execution may issue.

p 278. Wednesday morning.

State of Missouri Plaintiff
vs                                                   Indictment for Gaming
Hervey F. White Defendant
On motion of the Circuit Attorney and for good cause shewn it is ordered by the Court here that the Clerk of this Court issue an attachment directed to the Sheriff of Newton County, Missouri, commanding him to take the body of H.F. White if found in his County and him safely keep so that he have him before the Honorable Judge of Greene Circuit Court at the Court House in the town of Springfield on the first day of the next term of this Court then and there to answer as for a contempt in disobeying process.

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

p 278/279.
State of Missouri Plaintiff
vs                                                   Indictment for Gaming
Joseph Shanks Defendant
This day came the Defendant in his own proper person and the Circuit Attorney being also present and for a plea thereof says he is not guilty and putS himself upon the County, and the Circuit Attorney doth the like and thereupon came a Jury, to wit: James W. Blakey 1. Benjamin W. Cannefax 2. Z.M. Rountree 3. W.G. Summers 4. Benj. S. Lane 5. Afred Davidson 6 William Y. Abbott 7. John Gabehart 8. William Guttry 9. Abraham Woody 10. Joseph D. Haden 11. and John Smith 12., twelve good and lawful men elected tried and sworn to render a true verdict. After hearing the allegations and proof returned here into Court the following verdict, to wit: "We the Jury find the Defendant is guilty in manner and form as charged in said bill of Indictment and assess the fine at $10." 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 $10 together with her costs in this behalf laid out and expended for all of which execution may issue.

L. Hendrick Admin of
James Carter Decd.
vs                                                   Assumpsit
William Fulbright
This day came the Defendant by his attorney and moves the Court for a Judgment of nonpros in the above cause and it appearing to the satisfaction of the Court that the said Plaintiff has failed to file his replication to the Defendants plea of the Statute Limitations according to Law and the rules of the Court. It is therefore considered by the Court that the said suit be discontinued and that the Plaintiff take nothing by his said Writ and that the Defendant go hence without day and that the Defendant recover his costs in this behalf laid out and expended.

75
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
November Term 1842.
p 279/280.
State of Missouri Plaintiff
vs                                                   Indictment for gaming
Jonathan Brawley Defendant
Now at this day comes the State by her august attorney who prosecutes on behalf of the State and the Defendant by his attorney who being arraigned says that he is not guilty of the charges prefered against him in the said bill of Indictment and of this he puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, - viz - Samuel Downing 1.Levi Baker 2. Reason R. Haden 3. William R. Britt 4. William McFarland 5. Henry Collier 6. James Dollison 7. Peter Wallis 8. Benjamin Brown 9. Samuel Harris 10. Samuel Snow, twelve good and lawful men who being duly elected tried and sworn retired to consider of their verdict and afterwards returned into Court and state that they cannot agree on the verdict and by consent of parties the said Jury were by the Court discharged.

p 280.
State of Missouri Plaintiff
vs                                                   Disobeying Process
Hervey F. White Defendant
//Entry beside text says "Erroneous entry"//

p 281
//Same as p. 280//

p 282.
Thomas Woodward
vs                                                   Garnishee
James Simmons
This day came the Plaintiff by his attorney and by leave of the Court here files his allegations and interrogatories against James Sirrirnons who was summoned as a garnishee in said cause in execution and the said Sirrirnons filed his answer thereunto.

Motions filed in causes:
State of Missouri
vs                                        Gaming
F.W. Warren

William Sanders
vs                                                   Pet. in Debt
James W. Blakey

N.R. Smith
vs                                                   Pet. in Debt
Moses Bean

All motions overruled.

p 283.
State of Missouri Plaintiff
vs                                                   Indictment for Gaming
Wade Burden Defendant
This day came the State by her Circuit Attorney who prosecutes in behalf of the State of Missouri and the Defendant by his attorneys who being arraigned says he is not guilty of the charge prefered against him in the Bill of Indictment and of this he puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: David Wolf 1. Benjamin Cowan 2. Samuel Harris 3. Joel McCoy 4. John H. Smith 5. Wm. R. Medley 6. Wm. McGee 7. Benjamin Beal 8. J.A. Garrison 9. R.P. Haden 10. Afred Davidson 11. Thos. Cawlfield 12., twelve good and loyal men elected tried and sworn retired to consider of their verdict. "We the Jury find the Defendant guilty as charged in the said Bill of Indictment and assess the fine at $10."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 $10 together with her costs in this behalf laid out and expended for all of which execution may issue.

76
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
November Term 1842
p 283.
This day came the Grand Jurors within and for the body of the County of Greene and returns here into Court the following Indictment - State of Missouri against Levi Baker for shooting a true bill. And having no further business were discharged by the Court.

p 284. Thursday morning.
State of Missouri Plaintiff
vs                                                   Indictment for Gaming
Hervey F. White Defendant
This day came the State by her Circuit Attorney who prosecutes on behalf of the State of Missouri and the Defendant by his attorney who being arraigned says that he is not guilty of the charges preferred against him in the said Bill of Indictment and of this he puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: D.D. Berry 1. Thos. Cawlfield 2. A.J. Shannon 3. Wilson Hackney 4. Samuel Harris 5. Benjamin Cowan 6. C.A. Haden 7. Joel McCoy 8. Alfred Davidson 9. William Guttry 10. L.F. Fream 11. E.B. Holland 12. twelve good and lawful men, elected tried and sworn retired to consider of their verdict and afterwards returned into Court the following verdict "We the Jury find the Defendant guilty in manner and form as charged in said indictment and assess the fine at $10." 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 $10 together with his costs in this behalf laid out and expended for all of which execution may issue.

p 285.
Alpheus Huff Plaintiff
vs                                                   Petition in debt judgment amended.
Cyrus Stark Judgment rendered 23 March 1842
Joel Haden
John P. Campbell
John S. Phelps
On motion of the Attorney for the Plaintiff and because it appeared to the Court that the said Judgment is erroneously entered, it is considered by the Court that said Judgment be amended and entered nunc pro tune as follows -
Alpheus Huff
vs                                                   Petition in debt Judg't. By default.
Cyrus Stark
Joel H. Haden
John P. Campbell
John S. Phelps
This day came the Plaintiff by his attorney and the said Defendants being thrice solemnly called came not but make default nor have they pleaded to the _______of the Plaintiff and the suit being founded upon an instrument of writing and the amount being ascertained thereby the Court finds that the Defendants owe the said Plaintiff the sum of $200 debt and that he has sustained damages by reason of the detention thereof in the sum of $108.82. Therefore it is considered by the Court that the Plaintiff have and recover of the said Defendants the aforesaid debt and damages and his cost and that execution issue therefor.

p 286.
State of Missouri Plaintiff
vs                                                   Indictment for Gaming
Charles Hatler Defendant
This day came the State by her Circuit Attorney who prosecutes in behalf of the State and the Defendant by his attorney who being arraigned says that he is not guilty
(continued)

77
GREENE COUNTY MISSOURI CIRCUIT COURT CASES

Book B.
November Term 1842.
p 286 (continued)
as charged in said Bill of Indictment and of this he puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury - viz. - James W. Blakey 1. Benj. S. Lane 2. Abraham Woody 3. David Wolf 4. John H. Smith 5. James Lee 6. Joseph Simmons 7. John Gabehart 8. John Smith 9. Zenas M. Rountree 10. Presley Beal 11. Randolph Moore 12., twelve good and lawful men elected tried and sworn, retired to consider of their verdict and afterwards returned into Court the following verdict "We the Jury find the Defendant guilty in manner and form as charged in the said bill of indictment and assess the fine at $10". It is therefore considered by the Court that the said State have and recover of and from the said Defendant the aforesaid sum of $10 together with her costs in this behalf laid out and expended for all of which execution may issue.

p 287.
State of Missouri Plaintiff
vs                                                   Indictment for gaming
John W. Ball Defendant
This day came the State by her Circuit Attorney who prosecutes in behalf of the State and the Defendant by his attorney who says the said Defendant is not guilty in manner and form as charged 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: James W.Blakey 1. Benjamin S. Lane 2. Abraham Woody 3. John Wolf 4. John H. Smith 5. James Lee 6. John Gabehart 7. John Smith 8. Zenas M. Rountree 9. Presley Beal 10. Randolph Moore 11. William Warren 12. Twelve good and lawful men elected tried and sworn, retired to consider of their verdict and afterwards returned into Court the following verdict "We the Jury find the Defendant not guilty as charged in said bill of Indictment." It is therefore considered by the Court that the said State receive nothing by her said writ and that the said Defendant go hence without day.

p 288. 4th day of November Term.
Wilson Hackney and wife Mary B. Hackney,
John S. Kimbrough, William C. Price and
Sarah Jane Price, his wife
vs                                                   Petition for Partition
Wilson Hackney, guardian of William H.
Kimbrough and Catherine L. Kimbrough
This day came the said petitioners by their attorney and the service of said petition and notice having been acknowledged by the Defendants and the time of service having been waived by said Defendants in open Court nor do they plead thereto and Judgment nildicit being rendered in said case, and from evidence produced by said petitioners for sale of said real estate for which said Plaintiffs now sue in manner and form as in said petition set forth that is to say as heirs of John Kimbrough dec'd the said petitioners are entitled as follows (viz) Wilson Hackney and wife, Mary B., are entitled to one-sixth part of said real estate and William C. Price and Sarah Jane Price are entitled to one-sixth of said real estate John Kimbrough is entitled to one-sixth part of said real estate and that Catherine L. Kimbrough, William H. Kimbrough and Joseph B. Kimbrough, Defendant minors as aforesaid in said petition mentioned, are each entitled to one-sixth part of said real estate, the right of dower of the widow of the late John Kimbrough having been relinquished it is therefore considered by the Court that the said real estate so vested as aforesaid be aparted and set off according to the respective rights of those specified in said petition and it is hereby ordered by the Court that James R. Danforth, Daniel D. Berry and Joseph Farrier three citizens free holders of the County of Greene, be and they are hereby appointed cormiissioners to make partition of said real estate so adjudged as aforesaid according to the respective rights of the parties, and report their proceedings to this Term of the Court.

78
GREENE COUNTY, MISSOURI, CIRCIJIT COURT CASES

Book B.
November Term 1842.
p 289.
Samuel F. January Plaintiff
vs                                                   Petition in Debt
Mary Perkins Defendant
This day came the Plaintiff by his Attorney and the Defendant having been three times 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 $61.26 debt and $7.91 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 $61.26 debt and $7.91 damages together with his costs in this behalf laid out and expended for all of which execution may issue.

William C. Boone Plaintiff
vs                                                   Petition in debt
Michael Fanning and Moses Baker Defendants
This day came the Plaintiff by his attorney and the Defendants having been three times solemnly called came not but makes defeault and the demands being founded on two instruments of writing and the amount ascertained thereby the Court do find that the said Defendants owes and stands justly indebted to the Plaintiff in the sum of $200 debt and $9.83 damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the aforesaid sum of $200 debt and $9.83 for his damages together with his costs in this behalf laid out and expended for all of which execution may issue.

p 290.
State of Missouri Plaintiff
vs                                                   Indictment for gaming
F. Warren Defendant
This day came the Defendant in his own proper person and James H. McBride who prosecutes in behalf of the State and the said Defendant says that he cannot deny but that he is guilty in manner and form as charged in said bill of indictment. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the sum of $10 as a fine imposed together with her costs in this behalf laid out and expended for all of which execution may issue.

State of Missouri Plaintiff
vs                                                   Indictment for gaming
W.G. Burden Defendant
This day came the Defendant by his attorney and the Circuit Attorney who prosecutes in behalf of the State and the said Defendant says that he cannot deny but that he is guilty in manner and form as charged in said bill of indictment. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the sum of $10 as a fine imposed together with her costs in this behalf laid out and expended for all of which execution may issue.

p 291.
Samuel Abbott Plaintiff
vs                                                   Appeal from J.P.
James Lee Defendant
This day came the parties aforesaid and the said Plaintiff saith he will not further prosecute his said suit. It is therefore considered by the Court that the said Plaintiff take nothing by his said suit and that the Defendant have and recover of the Plaintiff his costs and charges in this suit laid out and expended for which execution may issue.

79
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

November Term 1842
Book B.
p 292. Friday Morning 18 November 1842.
James W. Blakey Plaintiff
vs                                                   Pleas filed
William Sanders Defendant

Same Plaintiff and Defendant as above - Replication filed.

State of Missouri Plaintiff
vs                                                   Indictment for gaming
Joseph Shanks Defendant
(Motion for new trial filed)

Charles Hatler Plaintiff
vs                                                   Indictment for gaming
State of Missouri Defendant
(Motion for new trial filed)

Guien Leeper Plaintiff
vs                                                  
State of Missouri
(Motion for new trial filed)

p 293.
Wade Burden
vs                                                   Indictment for gaming
State of Missouri
(Motion for new trial filed)

H.F. White
vs                                                   Indictment for gaming
State of Missouri
(Motion for new trial filed)

James Wilson Plaintiff
vs                                                   Petition in debt
Hendrick and Waddill Defendants
This day came the Defendants and by leave of the Court files their amended plea in the above case.

State of Missouri Plaintiff
vs                                                  
A.L. Yarbrough Defendant
This day came the Circuit Attorney who prosecutes in behalf of the State and the Defendant by his attorney being arraigned says he is not guilty in manner and form as charged in said Bill of Indictment and for this he puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: Joel McCoy 1. David Wolf 2. R.P. Haden 3. Afred Davidson 4. Samuel Harris 5. Benjamin Cowan 6. Henry Matlock 7. B.S. Lane 8. Hannibal Thurston 9. John T. Johns 10. L.F. Friam 11. Abraham Woody 12., twelve good and lawful men elected tried and sworn retired to consider of their verdict and afterwards returned into Court the following verdict "We the Jury find for the State and assess the fine of $10." It is therefore considered by the Court that the said State have and recover of and from the said Defendant the sum of $10 with costs for all of which execution may issue.

80
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
November Term 1842
p 294.
State of Missouri Plaintiff
vs                                                   Indictment for gaming
Robert J. McElhaney Defendant
This day came the Defendant in his own proper person and the Circuit Attorney being also present the said Defendant says he cannot deny but that he is guilty in manner and form as charged in said indictment. It is therefore considered by the Court that the said State have and recover of and from the said Defendant the sum of $10 together with her cost in this behalf laid out and expended for all of which execution may issue.

State of Missouri Plaintiff
vs                                                   Indictment for selling liquor
Joel Phillips Defendant
(Cause continued to next Court term)

p 295.
State of Missouri Plaintiff
vs                                                   Indictment for selling liquor
John Hoover Defendant
This day came the Circuit Attorney who prosecutes in behalf of the State and the Defendant by his attorney being arraigned says he is not guilty in manner and form as charged in said bill of indictment and of this he puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: John D. Dickey 1. Edward West 2. David Wolf 3. Washington Wallis 4. John Perkins 5. Benjamin Cowan 6. Lewis F. Fream 7. Benjamin Brown 8. R.P. Haden 9. John H. Smith 10. W.G. Summers 11. Henry Matlock 12, twelve good and lawful men duly elected and tried and sworn who retired to consider of their verdict and afterwards returned into the Court the following "We the Jury find the Defendant guilty in manner and form as charged in said bill of indictment and assess the fine at $20". It is therefore considered by the Court that the said State have and recover of said Defendant the aforesaid sum of $20 together with his costs in this behalf laid out and expended for all of which execution may issue.

State of Missouri Plaintiff
vs                                                   Indictment for gaming
D.M. Williamson Defendant
This day came the Circuit Attorney who prosecutes in behalf of the State who 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 will take nothing by her said writ and that the said Defendant go hence without day.

p 296.
State of Missouri Plaintiff
vs                                                   Indictment for gaming
Samuel Snow Defendant
This day came the Circuit Attorney who prosecutes in behalf of the State and the defendant in his own proper person who being arraigned says 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 : John D. Dickey 1. Edward West 2. David Wolf 3. Washington Wallis 4. John Perkins 5. Benjamin Cowan 6. L.F. Fream 7. Benjamin Brown 8. R.P. Haden 9. John H. Smith 10. W.G. Summers 11. Henry Matlock 12, twelve good and lawful men elected tried and sworn retired to consider of their verdict, to wit: "We the Jury find for the State and assess the fine at $10." It is therefore considered by the Court that the said State have and recover of and from the said Defendant the aforesaid sum of $10 together with her costs in this behalf laid out and expended for all of which execution may issue.

81
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
November Term 1842
p. 296.
State of Missouri Plaintiff
vs                                                   Indictment for gaming
George T. Price Defendant
This day came the Defendant in his own proper person and the Circuit Attorney being also present and the Defendant says he cannot deny but that he is guilty in manner and form as charged in said bill of indictment. It is therefore considered by the Court that the said State have and recover of and from the said Defendant the sum of $10 together with her costs in this behalf laid out and expended for all of which execution may issue.

p 297.
John Smith Plaintiff
vs                                                   Petition in Debt
James Lee Defendant
This day came the parties by their attorneys and the Plaintiff says he will no further prosecute his said suit but suffers the same to be dismissed upon the condition that Defendant pay the costs of said suit which condition said Defendant agrees to comply with. It is therefore considered by the Court that the said Plaintiff have and recover of said Defendant his costs in this behalf laid out and expended for all of which execution may issue. And it is further ordered that the said Plaintiff have leave to withdraw the instrument sued on.

State of Missouri, for the use in the relation of Isaac Woods,
Adm. of Est. of Jas. Crow, dec'd
vs                                                  
Stephen Fisher and G.N. Shelton
This day came Isaac Woods adm. as aforesaid and moves the court to grant him an alias writ in the above cause directed to the Sheriff of Cape GirardeauCounty, Mo., in the above cause and for good reasons set forth it is ordered by the Court that such writ issue directed to the said Sheriff of said County of Cape Girardeau County made returnable to the next term of this Court.

p 298.
Charles Vertrees Plaintiff
vs                                                   Petition in debt
John S. Waddill Defendant
This day came the parties in this cause 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 setting as a Jury finds that the Defendant owes and stands justly indebted to the said Plaintiff in the sum of $500 for his debt and $15.70 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 $515.70 together with his costs laid out and expended for all of which execution may issue.

p 299.
State of Missouri Plaintiff
vs                                                   Indictment for gaming
James Allison Defendant
This day came the Circuit Attorney J.H. McBride who prosecutes in behalf of the State 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 the said State take nothing by her said writ and that the said Defendant go hence without day.

82
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

Book B.
November Term 1842
p 299.
State of Missouri Plaintiff
vs                                                   Adultery
James M. Kendrick Defendant
This day came the Circuit Attorney who prosecutes in behalf of the State 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 the said State of Missouri take nothing by said writ and that the Defendant go hence without day.

State of Missouri Plaintiff
vs                                                   Adultery
Emeline Good Defendant
This day came the Circuit Attorney who prosecutes in behalf of the State 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 the said State of Missouri take nothing by said writ and that the Defendant go hence without day.

p 300.
Wilson Hackney and wife and others
vs                                                   Petition for Partition
Wilson Hackney and others gdn.
Now at this day came James R. Danforth, Daniel D. Berry and Joseph Farrier who were appointed commissioners by the Court to make partition of the real estate of the late John Kimbrough dec'd consisting of the following tracts and lots of land in said petition mentioned, to wit: the NE qtr of the NE qtr of Sect. No. 10 Township No. 29 Range No. 22 West containing 40 acres also the NW qtr of the NW qtr of Sec no. 11 same Township and Range containing 40 acres. Also the following lots in the town of Springfield, County of Greene Viz the West 1/2 of Lot No. 26 Block No. 7 - and also Lots Nos. 41 & 42 in Block No. 15 in said town and made their report that partition of said tracts and lots of land cannot be made without great prejudice to the owners of the same and the Court being satisfied that the said report is just and correct, it is therefore considered by the Court that the Sheriff of the County make sale of the said tracts and lots of and and the appurtenances thereunto belonging on a credit of twelve months with interest at the rate of 10% per annum from the date of sale.

Charles Vertrees Plaintiff
vs                                                   Petition in debt
Thomas Jessup and others Defendants
This day came the Plaintiff in the above cause by his attorney and the Defendants having been three times solemnly 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 Thomas Jessup, Eli Jessup and William Cox owes and stands justly indebted to the said Plaintiff in the sum of $310 for his debt and $16.55 for his damages for the detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of said Defendants the aforesaid sum of $310 debt and $16.55 damages with costs expended for all of which execution may issue.

p 301. Saturday Nov 19th 1842. (All this item very poor scribbling, doubtfuls underlined)

This day came Thomas B. Neaves Sheriff of Greene County and made the following acknowledgment - - State of Missouri, Greene County, 19th day of Nov. A.D. 1842 personally appeared in the Open Court Thomas B. Neaves who is known to the Court, the Sheriff of Greene County and the person whose name is subscribed to and acknowledged a deed which he then presented to the Court and signed by him to be his _________ act a deed for the purposes therein mentioned. The aforesaid deed was executed by the said Neaves to

(continued)

83
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
November Term 1842.
p 301 (continued)
William E. Ross for the following described tracts of land to wit - the West half of the SW qtr of Section three (3) Township thirty (30) Range twenty one West (21) containing eighty acres - the East half of lot number one of the NE fractional qtr of Section four (4) Township thirty (30) Range twentyone (21) West containing 39.76 acres -
the East half of the Southeast qtr of Section four (4) of Township thirty (30) Range twenty one (21) West containing eighty acres - also the Northeast qtr of the Northeast qtr of Section nine (9) Township thirty (30) Range twentyone West containing thirtysix acres - and which said several tracts of land were sold on an execution in favor of Zephaniah Turner and William E. Voss against Ephraim B. McLean.

p 301/302.
This day came Thomas B. Neaves Sheriff of Greene County and made the following acknowledgment -

State of Missouri, County of Greene -- Be it remembered that on this 19th day of Nov. A.D. 1842 personally appeared before the Greene Circuit Court Thomas B. Neaves known to the Court to be Sheriff of Greene County and the person whose name is subscribed to the said instrument and acknowledged the same to be his free act and deed for the purposes therein mentioned which deed was presented to the Court signed by him as such Sheriff as aforesaid. The aforesaid deed was executed to Alpheus Huff for the following described tract of land, to wit: the East half of the Southeast qtr of Section six Township thirty Range twenty containing eighty acres which said tract of land was sold on an execution in favor of Alpheus Huff against Hiram Robberson.

p 302.
Peter Ooley Plaintiff
vs                                                   Prohibition
W.G. Summers Defendant
Now at this day came the parties by their attorneys and the premises having been seen the allegations and proof being heard by the Court, and it appearing to the satisfaction of the Court that said prohibition ought not to be made perpetual. It is therefore considered by the Court that said prohibition be dissolved and that said Summers have and recover of the said Peter Ooley his costs in this behalf laid out and expended for all of which execution may offer.

James Boone Plaintiff
vs                                                   Petition in debt
Abner Bryan, William Folden,
Darling Smith Defendants
This day came the Plaintiff by his attorney in the above cause and dismisses his said suit as to the said Folden and Smith and the said Bryan having been served with process and having been thrice solemnly called came not but makes default, the amount ascertained thereby the Court do find that the said Abner Bryan owes and stands justly indebted to the said Plaintiff in the sum of (not entered)together with the further sum of (not entered) and also the sum of (not entered) for his costs. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Abner Bryan the aforesaid debt, damages and costs as aforesaid for all of which execution may issue.

p 303.
State of Missouri - Plaintiff
vs                                                   Indictment for gaming
A.L. Yarbrough Defendant
This day came the Defendant by his attorney and moves the Court to set aside the verdict of the Jury and to grant him a new trial and for good cause shown said motion is sustained and a new trial granted in said cause.

84
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B.
November Term 1842
p 303.
State of Missouri Plaintiff
vs                                                   Indictment for gaming
Jacob Painter Defendant
This day came the Defendant by his attorney into open Court the Circuit Attorney who prosecutes in behalf of the State of Missouri being also present. The said Defendant says that he cannot deny but that he is guilty in manner and form as is charged in said indictment. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the sum of $10 together with her costs in this behalf laid out and expended for all of which execution may issue.

p 304.
Littleberry Hendrick Plaintiff
vs                                                   Administration
William Fulbright Defendant

This day came the Plaintiff in this cause and moves the Court to set aside the Judgment of non pros and for good cause shown said this motion is sustained and leave is hereby given to file replications 60 days before the next term of this Court by serving the attorney of the adverse party with copies of the same..

James W. Blakey
vs                                                   Bill in Chancery
William Sanders
This day came the complainant and by leave of the Court files his amended bill and is adjudged to pay his own costs at this term of the Court and leave is given the Defendant to file his demurers at the next term of this Court and also to amend his answer on or before the next term of said Court.

p 306. Nothing.
Here Ends year 1842.

85

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