Abstract of Circuit Court Record Books 1857 - 1860

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Court in Vacation 1860

p 75.
In Vacation March 16th 1860,
In the matter of the Declaration of John S. Shaw in filing his Declaration to become a Citizen of the United States
State of Missouri, County of Greene

I John Simpkins Shaw do declare on oath that is bonafide my intention to become a Citizen of the United States and to renounce forever all allegiance and fidelity to all and any Foreign Prince, Potentate, State and Sovereignty whatever and particularly to the Queen of the United Kingdom of England, Ireland and Scotland of whom I was subject.
John S. Shaw

Sworn to and subscribed before me March 16th 1860
J W D L F Mack, Clerk.

In Vacation May 14th 1860
T.J.M. Hawkins and M.L. Abernathy Plaintiffs
vs                                                   Civil Action by Attachment
Robert N. Sims Defendant
Now at this day comes the said Plaintiffs and file their affidavit setting forth that the said Defendant has absconded and absented himself from his usual place of abode in this State so that the ordinary course of Law cannot be served on him. It is therefore ordered by the undersigned Clerk of the GreeneCircuit Court in vacation that the said Defendant be notified by publication in the SPRINGFIELD MIRROR, a weekly newspaper printed and published in the State to be and appear before the Judge of our Greene Circuit Court on the first day of the next term thereof which commences on the first Monday in August at the Court House in Springfield, Greene County, Mo., and plead, answer or demur to Plaintiff's petition by suit of attachment taken as confessed and Judgment rendered against him and his property, which has been attached sold to satisfy the same.
J W D L F Mack Clerk.

178
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
IN VACATION MAY 14th, 1860.
p 74.

M.L. Abernathy Plaintiff
vs                                                   Civil Action by Attachment
Robert N. Sims Defendant
Now at this day comes the said Plaintiffs and file their affidavit setting forth that the said Defendant has absconded and absented himself from his usual place of abode in this State so that the ordinary course of Law cannot be served on him. It is therefore ordered by the undersigned Clerk of the Greene Circuit Court in vacation that the said Defendant be notified by publication in the SPRINGFIELD MIRROR, a weekly newspaper printed and published in the State to be and appear before the Judge of our Greene Circuit Court on the first day of the next term thereof which commences on the first Monday in August at the Court House in Springfield, Greene County, Mo., and plead, answer or demur to Plaintiff's petition by suit of attachment taken as confessed and Judgment rendered against him and his property, which has been attached sold to satisfy the same.
J W D L F Mack Clerk

F.J.M. Hawkins Plaintiff
vs                                                   Civil Action by Attachment
Robert N. Sims Defendant
Now at this day comes the said Plaintiffs and file their affidavit setting forth that the said Defendant has absconded and absented himself from his usual place of abode in this State so that the ordinary course of Law cannot be served on him. It is therefore ordered by the undersigned Clerk of the Greene Circuit Court in vacation that the said Defendant be notified by publication in the SPRINGFIELD MIRROR, a weekly newspaper printed and published in the State to be and appear before the Judge of our Greene Circuit Court on the first day of the next term thereof which commences on the first Monday in August at the Court House in Springfield, Greene County, Mo., and plead answer or demur to Plaintiff's petition by suit of attachment taken as confessed and Judgment rendered against him and his property, which has been attached sold to satisfy the same.
J W D L F Mack Clerk

p 75 IN VACATION MAY 21st 1860.
Samuel Woods, Joseph T. Morton &
Sarah Edmonson Plaintiffs
vs                                                   Civil Action
John L. Rainey, Abraham F. Smith
and Sarah V. Smith his wife, formerly
Sarah V. Rainey
David C. Allen and America J. Allen
his wife formerly America J. Rainey
William Townsend and Emily Townsend
his wife formerly Emily Rainey
William Townsend and his wife
Nancy S. Townsend formerly Martha E.
Rainey and Robert Rainey Defendants
(Marriages - William Townsend to Emily Rainey 20 Oct 1842.
William H.A. Townsend to Nancy J Rainey 16 Sept 1855)
Now at this day comes the Plaintiffs and file their petition verified by affidavit, the general object and nature of which is to have errors corrected made in the sale of real estate belonging to the estate of George R. Rainey deceased sold by order of this Court for partition at the May Term 1849 and it appearing from the said petition and affidavit that Abraham F. Smith and Sarah V Smith his wife, George Smith and Martha E. Smith his wife, William Townsend and Emily Townsend his wife, William Townsend and Nancy his wife and Robert Rainey are non-residents of the State of Missouri.
(cont)

179
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
In Vacation May 21st 1860
p 75 (cont)

It is therefore ordered by the undersigned Clerk in vacation that publication be made in the SPRINGFIELD ADVERTISER a weekly newspaper published in this State for four successive weeks the last insertion to be four weeks before the next term of this Court notifying said Abraham F. Smith, Sarah V. Smith, George SmIth, Martha E. Smith, William Townsend, Emily Townsend, William Townsend, Nancy L. Townsend and Robert Rainey to be and appear before the Judge at out Greene Circuit Court at the Court House in Springfield on the first day of the next term thereof which commences on the first Monday in August 1860 and plead answer or demur to Plaintiff's petition or the same will be taken as confessed as to them and a judgment entered accordingly.
J W D L F Mack Clerk.

p 76. Monday June 4, 1860
Court met pursuant to order of adjounment present P.H. Edwards, Circuit Judge Henry Matlock Sheriff of said County, J W D L F Mack Clerk of said Court.

B.B. Harrison
vs                                                   Civil Action
James Burnett
Now at this day comes the parties by attorneys and on motiOn it is ordered by the Court that this cause be dismissed. It is therefore considered by the Court that the Defendant have and recover of and from said Plaintiff his costs laid out and expended and that he have execution therefor.

p 76/77.
Joseph Rountree Plaintiff
vs                                                   Civil Action
John McHenry &
Joshua M. Bailey Defendants
Now at this day comes the parties by attorney and it appearing to the satisfaction of the Court that John McHenry one of said Defendants is a non-resident of this State and that the ordinary process of law cannot be served on him. It is therefore ordered by the Court that the Defendant be notified by publication as the Law directs in the weekly SPRINGFIELD MIRROR, a newspaper printed and published in this State notifying said John McHenry to be and appear before the Judge of the Greene Circuit Court on the first day of the next term thereof which will commence at the Court House in Springfield on the first Monday in August, next, and plead, answer or demur to Plaintiff petition or the same will be taken as confessed by him and a Judgment rendered accordingly.

p 77/78.
Causes continued until next term of this Court.
James H. McBride vs Joseph Gott -- Civil Action
John W. Payne vs John Carter -- Civil Action
James F. Hornbeak vs Fendal C. Cason -- Civil Action
A.L. Galbraith vs C.T. Drumright -- Civil Action
James Burns vs Oscar R. Smith -- Civil Action

p 79.
P.B. Draco
vs                                                   Civil Action
William Wells
Now at this day comes the parties by attorney and by motion it is ordered that a rule issue to the Clerk of the Jasper Circuit Court requiring him to perfect the transcript in the above entitled cause.

180
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
In Vacation May 21st 1860

W.A. Duval Plaintiff
vs                                                   Civil Action
William L. Herrington Defendant
Now at this day comes the Plaintiff and on his motion this cause is dismissed. It is therefore considered by the Court that the Defendant have and recover of and from said Plaintiff his costs laid out and expended and that he have execution therefor.

p 80. Tuesday June 5th 1860
Peyton Nowlin Plaintiff
vs                                                   Civil Action by Confession
Peter Apperson Defendant
Now at this day comes the Plaintiff by attorney and files a statement in writing signed and verified by the affidavit of Defendant wherein he says he is indebted to Plaintiff in the sum of $78.59 now due and confesses judgment in favor of Plaintiff for the same. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant the said sum of $78.55 and also costs of Suit laid out and expended and that he have execution therefor.

Ordered by the Court that A.J. Hall be permitted to sign the Roll of Attorneys.

p 80/81.
State of Missouri Plaintiff
vs                                                   Recognizance to Keep The Peace
Peter Apperson
Now at this day comes Peter Apperson, Thomas R. Bridges and Jabez Owen who acknowledge themselves to Owe and stand indebted to the State of Missouri in the sum of $500 to be bond of their respective goods and chattels, lands and tenements to be void on condition that the said Peter Apperson shall be and appear before the Greene Circuit Court on the first day of the next term thereof and answer to a warrant to keep the Peace and not depart said Court without leave and in the meantime keep the Peace toward Malinda N. Apperson In particular and the good people of the State in general.

p 81.
Lewis A.D. Crenshaw Plaintiff
vs                                                   Civil Action
A.F. Bigbee and Joseph M. Carthal
adm for Jonathan Carthal, deceased Defendant
Now at this day comes the parties by attorney and having announced ready for trial, thereupon comes a Jury, viz: E.L. NcElhaney, W.P. Dysart, A.L. Woodward, Hugh Boyd, Joseph Gott, John Ray, S.F. Gibson, James Harkness, William B. Edwards, J.B. Perkins, W.G. Perkins and Scott Ray, twelve good and lawful men who being elected and sworn to well and truly try the issue joined, having heard the evidence in regard to the first and second issues in said petition and there not being time to complete the trial of the same are permitted to disperse under charge of the Court until tomorrow 9 o'clock.

p 82. Wednesday June 6th 1860
Ordered by the Court that R.F. Crawford be allowed to sign the Roll of Attorneys.

L.A.D. Crenshaw Plaintiff
vs                                                   Civil Action
A.F. Bigbee and M. Carthal adm. Defendants
Now at this day comes again the Jury impannelled in this cause having heard the instructions of the Court upon their oath say "We the Jury find the first issue in favor of
(cont)

181
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
In Vacation Wednesday June 6th 1860.
p 82. (cont)
the Plaintiff." Whereupon said Jury is by the Court discharged.

A.L. Galbraith vs C.T. Drumright et al -- Civil Action Permission granted to
file amended petition.

p 83.
John M. Gibson Plaintiff
vs                                                   Civil Action
J.C. Augheltree Defendant
Now at this day comes the parties and having announced ready for trial thereupon comes a Jury, viz: J.T. Morton, R.C. Graves, T.J. Epperson, D.N. Fulbright, E.P. Gott and R.M. Erwin, six good and lawful men being duly elected and sworn to try the issue joined. Having heard the evidence and received the instructions of Court upon their oath say "We the Jury find the Issues in favor of the Defendant." It is therefore considered by the Court the Plaintiff take nothing by his said suit and that the Defendant be discharged hereof and go hence without day and recover of and from the Plaintiff his costs laid out and expended and that he have an execution therefor.

p 84/85. Thursday, June 7th 1860.
Jared Smith Plaintiff
vs                                                   Civil Action on Mechanics Service
Braden Bros and Co, a firm composed
of A.S. Braden, A.A. Braden
& J.E. Braden Defendants
Now at this day comes the Plaintiff by attorney and files his petition on mechanics service verified by affidavit the object and nature of which is to obtain judgment and the information of a mechanic's service under the provision of the Stature in such case made and provided and it appearing that the Defendants are non-residents of the State and that the ordinary process of Law cannot be served on them. It is ordered by the Court that Defendants be notified by publication in the SPRINGFIELD MIRROR, a weekly newspaper printed and published 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 the Court which will begin at the Court House in Springfield on the first Monday in August, next, and plead, answer or demur to Plaintiff petition or the same will be taken as confessed and judgment rendered against them and the said mechanic service inforced.

p 85.
Samuel Brashears
vs                                                   Civil Action
estate John Kershner, deceased
Now at this day comes the parties by attorney and by agreement and leave of Court the further consideration of the motion for a new trial is continued until the next term of this Court.

William P. Davis Plaintiff
vs                                                   Civil Action
John M. Richardson Defendant
Now at this day again comes the parties by attorney and the Court having heard the evidence and on examination of the instrument sued on doth find that the Defendant is indebted to Plaintiff In the sum of $84.19 debt and $12.41 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendant and Anderson Johnson his security his said debt and damages and also his costs laid out and expended and that he have execution therefor.

182
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
In Vacation Thursday, June 7th 1860
p 86.

James W. Wilson Plaintiff
vs                                                   Civil Action
R.K. Boyd Defendant
Now at this day comes the parties by attorney and having announced ready for trial, thereupon comes a Jury viz: J.E. Smith, R.G. Abernathy, W.H. Frazier, W.L. Hancock, N.H. Whitlock, J.S. Holland, R.A. Abernathy, G.M. Freeman, F.M. Fulbright, Joseph Burden, J.W. Scathers and N.S. Richmond, twelve good and lawful men who being duly sworn, having heard the evidence and heard the instructions of the Court, upon their oath say: "We the Jury find the issues in favor of the Plaintiff and find his debt and damage at $1598.15." It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage and also his costs laid out and expended in this behalf and that he have an execution therefor.

p 87.
Michael Carrol Plaintiff
vs                                                   Civil Action
Jefferson D. Montgomery &
Jonathan T. Rankin as executors
of Jonathan Weir, deceased Defendants
Now at this day comes the Plaintiff by his attorney and the Defendants by their attorney and neither party requiring a Jury the cause was by consent submitted to the Court and by the consent and agreement of the Plaintiff and Defendants attorneys the Court doth find that the said Jonathan Weir in his lifetime was indebted to said Michael Carrol in the sum of $1613.36 for his debt and the further sum of $586.64, his damages for the detention of the same. It is therefore considered by the Court that the said Plaintiff have and recover judgment against said Defendants as executors of the last will and testament of said Jonathan Weir, deceased, the sum of $2200 for his debt and damages as aforesaid and his cost by him laid out and expended in the prosecution of this suit.

p 88. Friday, June 8th 1860.
Numda McGaugh et al
Expartee Petition for Partition Sheriff's Deed
Now at this day comes Henry Matlock who is known to the Court as the Sheriff of Greene County and the person whose name is subscribed to an instrument of writing purportory to be a Sheriff's Deed to Francis H. Dysart for the following described real estate, viz: W 1/2 of Lot 2 NW fcl 1/4 and S 1/2 of W 1/2 Lot 3 NW fcl 1/4 Sec 1 E 1/2 Lot 2 NW fcl 1/4 Sect 1 and part of E 1/2 Lot 3 NE fcl 1/4 Sect 2 all in Township 29 Range 22 sold by order of this Court for the purpose of partition In the above entitled cause and the said Henry Matlock acknowledged that he executed and delivered the same for the uses and purposes therein contained.

p 88/89.
Numda McGaugh et al
Expartee Petition for Partition Sheriff's Deed
Now at this day comes Henry Matlock who is known to the Court as the Sheriff of Greene County and the person whose name Is subscribed to an instrument of writing purportory to be a Sheriff's Deed to James M. Davis for the following real estate viz: E 1/2 Lot 2 NW fcl 1/4 Sect 1 Township 29 Range 22 sold by order of this Court for partition in the above entitled cause and the said Henry Matlock acknowledged that he executed and delivered the same for the uses and purposes therein contained.

183
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
In Vacation Friday June 8th, 1860
p 89.

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

William Byers Plaintiff
vs                                                   Civil Action
John Butterfield Defendant
Now at this day comes the parties by attorney and having announced ready for trial thereupon came a Jury viz: S.M. Gresham, Joseph Farrier, E.J. Armstrong, J.H. Martin, John Lazenby, N.S. Barnum, J.F. Brown, W.C. Hornbeak, R.B. Coleman, V.W. Kimball, J.S. Jones, M.H. Boren, twelve good and lawful men who being duly sworn having heard the evidence and received the instructions of the Court upon their oath say: "We the Jury find the issue in favor of the Plaintiff and assess his damage at $200. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said sum of S200 for his debt and also his costs laid 0ut and expended and that he have execution therefor.

Theodoseous Strang Plaintiffs
James B. Adrian
Stephen B. Strang &
John McMurthe
vs                                                   Civil Action
Joseph Hursh &
John Demoth Defendants
Now at this day come the Plaintiffs by their attorney and fIle their petition and the said Defendants also appear and consent that judgment be rendered against them in favor of said Plaintiffs and the Court from an examination of the premises doth find that Defendants are indebted to said PlaintIffs in the sum of $410.23 debt and $50.25 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendants his said debt and damage and also his costs laid out and expended and that he have an execution therefor.

p 90. June 8th, 1860
George H. Barnes &
William Osterhout Plaintiffs
vs                                                   Civil Action
Joseph Hursh &
John Demoth Defendants
Now at this day comes the Plaintiff by attorney and also the Defendant and consents that Judgment be rendered against them in favor of said Plaintiff and the Cause being submItted to the Court, the Court doth find that the Defendants are indebted to the said Plaintiffs in the sum of $210.37 for debt. It Is therefore considered by the Court that the Plaintiffs have and recover of and from said Defendants the said sum of $210.37 and also his costs laid out and expended and that he have an execution therefor.

George H. Barnes &
W.M. Osterhout Plaintiffs
vs                                                   Civil Action
Joseph Hursh &
John Demoth Defendants
Now at this day comes the Plaintiff by attorney and also the Defendants and consents that judgment be rendered against them in favor of said Plaintiff and the cause being submitted to the Court, the Court doth find from an examination of the same that the Defendants are indebted to the said Plaintiffs in the sum of $268.63 debt and also the sum of $36.26 damage. It is therefore considered by the Court that the Plaintiffs (continued)

184
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
In Vacation June 8th, 1860.
p 90 (cont)
have and recover of and from the said Defendants the said sum of $268.63 debt and also the sum of $36.26 damage and also his costs laid out and expended and that they have an execution therefor.

p 91.
L.A.D. Crenshaw Plaintiff
vs                                                   Civil Action
A.F. Bigbee & J.M. Carthal
adm for Jonathan Carthal, deceased Defendants
Now at this day comes the Plaintiff and says by leave of the Court he will take a non-suit in this cause. It is therefore considered by the Court that the Plaintiff take nothing by his suit that the same be dismissed and that the Defendants have and recover of and from Plaintiff his costs laid out and expended and that they have an execution therefor.

p 92.
L.A.D. Crenshaw Plaintiff
vs                                                   Civil Action
A.F. Bigbee & J.M. Carthal
adm for Jonathan Carthal, deceased Defendants
Now at this day comes the Plaintiff and by leave of Court files his motion to set aside the non-suit and grant a new trial In this cause.

p 93. Greene Circuit Court in Vacation June 4, 1860.
Thomas J.M. Hawkins Plaintiff
vs                                                   Civil Action by Attachment
Robert N. Sims Defendant
Now at this day comes the Plaintiff and files with the undersigned clerk of the Greene Circuit Court in vacation his petition verified by affidavit the general object and nature of which is to obtain judgment against said Defendant for amount by said Plaintiff as security for Defendant on curators bond and it appearing from affidavit of the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served on him. It is therefore ordered by the undersigned Clerk in vacation that the Defendant be notified by publication in the SPRINGFIELD MIRROR, a weekly newspaper printed and published in this State for four successive weeks the last insertion to be four weeks before the first day of the next term of this Court to be and appear before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences on the first Monday in August, next, at the Court House in Springfield, Greene County, Mo., and plead, answer or demur to Plaintiffs petition or the same will be taken as confessed and a judgment rendered against him and his property attached and sold to satisfy the same.

p 93/94.
Greene County Circuit Court in Vacation June 5th 1860
Thomas H. Tiller Plaintiff
vs                                                   Civil Action
Robert W. Sims Defendant
Now at this day comes the Plaintiff and files his petition verified by affidavit the object of which is to obtain judgment against said Defendant on a promissory note and it appearing that the Defendant is a non-resident of the State of Missouri so that the ordinary process of Law cannot be served on him. It is therefore ordered by the undersigned Clerk in vacation that the Defendant be notified by publication in the
(continued)

185
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
Greene County Circuit Court in Vacation June 5th 1860
p 93/94 (cont)
the SPRINGFIELD MIRROR, a weekly newspaper printed and published in this State for four successive weeks the last insertion to be four weeks before the first day of the next term of this Court to be and appear before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences on the first Monday in August, next, at the Court House in Springfield, Greene County, Mo., and plead, answer or demur to Plaintiff's petition or the same will be taken as confessed as a judgment rendered against him and his property attached and sold to satisfy the same.

p 94.
James P. McCurdy Plaintiff
vs                                                   Civil Action by Attachment
William B. Berry Defendant
Now at this day comes the Plaintiff and files his petition verified by affidavit the object of which is to obtain judgment against said Defendant on a promissory note and it appearing that the Defendant is a non-resident of the State of Missouri so that the ordinary process of Law cannot be served on him. It is therefore ordered by the undersigned Clerk in vacation that the Defendant be notified by publication in the SPRINGFIELD MIRROR, a weekly newspaper printed and published in this State for four successive weeks the last insertion to be four weeks before the first day of the next term of this Court to be and appear before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences on the first Monday in August, next, at the Court House in Springfield, Greene County, Mo., and plead, answer or demur to Plaintiff's petition or the same will be taken as confessed as a Judgment rendered against him and his property attached and sold to satisfy the same.

END OF JANUARY TERM AND COURT IN VACATION IN JUNE 1860.

186

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