Abstract of Circuit Court Record Books 1857 - 1860

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Special Adjourned Session August 1858

John Edwards admin.
of the Estate of Joseph Cannefax Deceased
vs                                                   Civil Action on Admin., for Bond
William J. Cannefax, John H. Miller,
William Massey, Raglan M. Langston, John S. Bigbee
Now on this day comes the Plaintiff by his attorney and the said Defendants being thrice severally called into Court come not but make default and fail to plead answer or demur to Plaintiffs petition herein and it appearing to the Court that the above named Defendants have been duly served with process more than Fifteen days before the first day of the present term of Court it is therefore considered by the Court that the Plaintiff ought to recover and that he have Judgment by default awarded against said Defendants, but not appearing what amount said Plaintiff is entitled to recover. It is ordered by the Court that a Writ of Enquiry be awarded to ascertain and assess the damages of Plaintiff in the next term of this Court.

IN VACATION MAY 13, 1858.
p 160. Divorce previously extracted.

p 160/161.
IN VACATION May 22, 1858.
William W. Jeffries, Elihu Messick et al Plaintiff
vs                                                   Petition for Partition in Green Circuit Court
Order of Publication
Thomas H. Jeffries, May J. Adair
wife of John Adair and Louisa V. Jeffries Defendants
Now at this day comes the Plaintiffs and file with the undersigned Clerk in vacation their petition praying for an order and judgment of partition and sale of the real estate belonging to James Jeffries deceased and it appearing to the undersigned Clerk in vacation that the said Defendants, Thomas H. Jeffries, May S. Adair wife of John Adair and Mary V. Jeffries are non-residents of the State of Missouri and that ordinary process cannot be served on them. It is therefore ordered by the Clerk in vacation that publication be made in the SPRINGFIELD ADVERTISER a weekly newspaper printed in this State for eight weeks successively the last insertion to be at least four weeks before the next term of this Court notifying said Defendants to appear on the first day of the next term of this Court which commences on the first Monday in September 1858 and plead, answer or demur to said petition or the same will be taken as confessed and a decree entered accordingly.

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GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
IN VACATION
May 31, 1858

p 162.
Mary Ann Poston and
Charles Posten her husband Plaintiff
vs                                                  
John P. Campbell, Leonidas A. Campbell
Ruth Owen and Jabez Owen her husband James Campbell, Thomas Campbell, et al Defendants
Now at this day comes the said Plaintiff and file the petition with the undersigned Clerk of the Greene County Circuit Court in vacation verified by affidavit the general object and nature of which is to obtain a decree to title of land and it appearing to the satisfaction of the undersigned that John P. Campbell and Leonidas A. Campbell are non-residents of the State of Missouri and that ordinary process cannot be served on them. It is therefore ordered by the Clerk in vacation that publication be made in the weekly SPRINGFIELD ADVERTISER a weekly newspaper printed in this State for four successive weeks the last insertion to be at least four weeks before the first day of the next term of this Court notifying said John P. and Leonidas Campbell to be and appear on the first day of the next term of this Court which commences on the first Monday in September 1858 and plead answer or demur to Plaintiffs petition or the same will be taken as confessed as to them and a decree entered accordingly.

p 163.
IN VACATION 30 AUG. 1858
Ordered by the Court that J.C. Vaughan be permitted to sign the roll of attorneys.

Edward West Expartee Petition for AD QUOD
Now at this day comes Edward West and presents his petition for a Writ of ad quod damnum whereupon it is ordered by the Court that a Writ issue returnable at the next term of this Court and that a Jury be summoned to enquire of the matter contained in said petition to meet on the premises described in said petition on the fourth day of September 1858.

D.P. Simmons Plaintiff
vs                                                   Appeal J.P.
Nathan Philips et al Defendants
Now at this day comes the Plaintiff and by leave of the Court files his affidavit setting forth that cannot safely go to trial for want of material testimony and asks a continuance and all and singular the premises being seen and by the Court this cause is continued until next term of this Court and adjudged that the Plaintiff pay the costs of the present adjourned term of this Court and that Defendant have execution therefor.

p 164.
IN VACATION TUESDAY AUGUST 31, 1858
Sarah Cannefax Plaintiff
vs                                                   Civil Action
John R. Edwards Defendant
Now at this day comes the Plaintiff by attorney and by leave of the Court and says she will not further prosecute this suit, will suffer the same to be dismissed. It is therefore considered by the Court that the Plaintiff take nothing by her suit and that the Defendant be discharged hereof and have and recover of and from the Plaitiff his costs laid out and expended and have execution therefor.

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