Abstract of Circuit Court Record Books 1860 - 1862

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

In Vacation August 19, 1862.

p 430.
Hugh Boyd and Sarah M. Harrington
admin of estate of Enoch Harrington,
deceased Plaintiffs
vs
R.B. Weaver & J.M. Carthel Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note dated March 5th 1860 payable to A.M.F. Roberson on the 25th day of December 1860 for $85 with a credit of $5 March 14, 1861, with interest at the rate of 10% from due date until paid said note having since become the legal property of Defendants.

p 431/432.
GREENE CIRCUIT COURT IN VACATION SEPTEMBER 29,1862.

William M. McDorman Plaintiff
vs                                                   Civil Action
Alexander R. Williams Defendant
Now at this day comes the Plaintiff and files his petition with the undersigned Clerk, in vacation, the general object and nature of which is to obtain Judgment from Defendant for the sum of $1010.23 interest and also Judgment for the foreclosure of the Equity of Redemption in certain real estate mentioned in a mortgage made to secure the same. And it appearing from the affidavit of Plaintiff that the Defendant is a
(continued)

144
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
GREENE CIRCUIT COURT IN VACATION SEPTEMBER 29, 1862
p 431/432 (continued)
nonresident of the State of Missouri. It is ordered by the Clerk, in vacation, that said Defendant be notified by publication in the Springfield Journal, a weekly newspaper printed and published in this State for four weeks successively, the last insertion to be at least four weeks before the next term of this Court that he be and appear before the Judge of our Greene Circuit Court at the Court House or the place of holding Court in Springfield, Greene County, Missouri, on the first day of the next term thereof which commences on the fourth Monday in January 1863 and plead answer or demur to Plaintiff's petition or the same will be taken as true and Judgment rendered accordingly.
A.J. Hubble Clerk
by E.M. Hendrick DC

IN GREENE CIRCUIT COURT JANUARY TERM 1863

William B. Lay Plaintiff
vs                                                   By Attachment
Charles T. Tatum Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a demand against the Defendant for the sum of $135 and interest thereon for money paid by the Plaintiff for Defendant as security on a bond executed by the Defendant to the County of Greene, State of Missouri, for the use of Township 30 Range for the sum of $100 payable twelve months aft er date bearing interest at the rate of 10% per annum which sum and the interest with costs of suit brought by the County Court of Greene County against Plaintiff as security on said bond Plaintiff was compelled to pay. Also, his affidavit stating that 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 upon him. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying the Defendant that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appears at the next term of the Court which will be held on the fourth Monday in January 1863 and on or before the third day thereof if the term shall so long continue, if not, then before the end of the term Judgment will be rendered against him and his property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick DC

p 433
IN GREENE CIRCUIT COURT JANUARY TERM 1863

Wesley Austin Plaintiff
vs                                                   By Attachment
Lewis Brashears Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a demand against the Defendant for money paid by Plaintiff for Defendant as security on a bond executed by Defendant to the County of Greene, State of Missouri, for the use of School Township 30 Range 20 for the sum of $102 bearing 10% interest per annum which sum with the interest and costs of suit commenced by the County Court of Greene County against Plaintiff as security on said bond amounting to $123.19 was paid by Plaintiff for which he claims Judgment against the Defendant. Also, his affidavit stating that 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 of said Court in vacation that publication be made in the Springfield Journal notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appears at the next term of the Court which will be held on the first Monday in January 1863 and on or before the third day thereof if
(continued)

145
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
IN GREENE CIRCUIT COURT JANUARY TERM 1863
p 433 (continued)
the term shall so long continue, if not, then before the end of the term Judgment will be rendered against him and his property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick DC

p 434
Elisha Headlee Public admin
of Greene County, Missouri Plaintiff
vs                                                   Civil Action on a Note.
Samuel L. Fulbright, William H. Coker,
Daniel N. Fulbright, Ephriam R. Fulbright,
David L. Fulbright Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note dated 8th February 1860 for the sum of $4000 against the Defendants and payable to Stephen Dorrell, now deceased, on or before the 1st day of July, next, thereafter with interest at the rate of 10% from maturity. On said note are Sunday Credits reducing the principal to $2119.29 for which sum and t he int crest thereon the Plaintiff as administrator of the estate of the said Stephen Dorrel, claims Judgment against the Defendants. Plaintiff also files his affidavit stating that the Defendants, Samuel Fulbright, W.H. Coker and E.R. Fulbright are not residents of the State of Missouri so that the ordinary process of the Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court in vacation that publication be made in the Springfield Journal notifying said Defendants that an action has been commenced against them in said Court as above recited and unless they appear at the next Term of the Court which will be held on the fourthMonday in January 1863 and on or before the 6th day thereof if the term shall so long continue, if not, then before the end of the term and answer to the petition the same will be taken as confessed.
M.J. Hubble Clerk
by E.M. Hendrick DC

p 435

Divorce Mary E. Freeman -- Mortimer Freeman
Previously extracted.

p 435/436.

STATE OF MISSOURI IN ThE CIRCUIT COURT COUNTY OF GREENE JANUARY TERM A.D. 1863.

Robert P. Faulkner & Warren G. Graves Plaintiffs
vs                                                   Civil Action on Note
C.L. Stark Defendant
Comes the Plaintiffs and file their petition with the Clerk founded on a promissory note dated May 13th 1861 against the Defendant and payable to plaintiff for the sum of $153 payable on day after date with interest at the rate of 10% per annum from date until paid on which note there is a credit of $25. Also, their affidavit statingthat the Defendant has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying said Defendant that an action has been commenced against him in said Court as above recited and unless he appears at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 6th day thereof and answer to the petition the same will be taken as confessed.
M.J. Hubble Clerk
by E.M. Hendrick DC

146
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
STATE OF MISSOURI IN THE CIRCUIT COURT COUNTY OF GREENE JANUARY TERM A.D. 1863.
p 436.
Henry Sheppard & John S. Kimbrough Plaintiffs
vs                                                   Civil Action
David F. Smith & Henry Toney Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note dated January 21st 1861 against the Defendants and payable one day after date to one William J. McAdams for the sum of $90 with interest at the rate of 10% from date until paid which note was assigned by said William J. McAdams to the Plaintiffs by endorsement. Also, their affidavit stating that the Defendant David F. Smith is a non resident of this State. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in Springfield Journal notifying said Defendants that an action has been commenced against them in said Court as above recited and unless he appears at the next term of the Court which will be held on the fourth Monday in January 1863 and on or before the 6th day thereof and answer to the petition the same will be taken as confessed.
M.J. Hubble Clerk
by E.M. Hendrick DC

p 437.
Elisha Headlee, admin of State
of Stephen Dorrell Plaintiff
vs                                                   Civil Action
George W. Dorrell Defendant
Comes the Plaintiff and files his petition with the Clerk, founded on a demand as administrator of the estate of Stephen Dorrell deceased against the Defendant for money paid by the said Stephen Dorrell deceased for the Defendant as security diverse notes and judgments against said Defendant in favor of S.C. Nevil and others. The amount for which Plaintiff claims judgment as admin. aforesaid including interest up to the 28th day of October 1862 is $3147.80.Also, his affidavit stating that the Defendant has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appears at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 3rd day thereof if the term shall so long continue if not, then before the end of the term Judgment will be rendered against him and his property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick DC

p 437/438
William North, William P Scott &
Andrew J. Dreas Plaintiffs
vs                                                   Civil Action
G.A. Spillman & J.T. Abernathy Defendants
Comes the Plaintiffs by attorney and files their petition with the Clerk founded on two promissory notes against Defendants and payable to Plaintiffs, one dated April 9th 1861 for $122.78 payable six months after date with interest at 10% per annum from maturity, the other dated October 16th 1860 for $301.15 payable six months after date with interest at the rate of 10% per annum from maturity. Also, their affidavit stating that the Defendants are nonresidents of the State of Missouri. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying said Defendants that suit has been commenced against them in said Court as above recited and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the sixth day thereof and answer to the petition the same will be taken as confessed.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

147
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
STATE OF MISSOURI IN THE CIRCUIT COURT COUNTY OF GREENE JANUARY TERM A.D. 1863
p 438.
William North, William P. Scott,
Andrew J. Dreas Plaintiffs
against                                                   Civil Action
Joseph B. White, Ishmael Lee Defendants
Comes the Plaintiffs by attorney and files their petition with the Clerk founded on debt against Defendants payable to Plaintiffs dated April 23rd 1861 for sum of $476.53 payable 6 months after date with interest at the rate of 10% per annum from maturity also, their affidavit stating that the Defendant Joseph B. White is a nonresident of the state of Missouri. It is therefore ordered bv the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying said Defendant that an action has been commenced against him in said Court as above recited and unless he appears at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 6th day thereof and answer to the petition the same will be taken as confessed.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

William Forsythe Plaintiff
vs                                                   Civil Action
Samuel Fulbright Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant dated October 29th 1861 payable to one E.A. Hale on or before the first day of January, Next, thereafter for the sum of $100, paid note having since become the property of Plaintiff by assignment and endorsement. Also his affidavit stating that the Defendant is a nonresident of the State of Missouri. It is there fore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying said Defendant that suit has been commenced against him in said Court as above recited and he is therefore hereby required to appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 6th day thereof and answer to the petition or the same will be taken as confessed.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 439/440.
Chesley Cannefax Plaintiff
vs                                                   Civil Action
M.N. Carter Defendant
Comes the Plaintiff and files his petition with the Clerk founded on two promissory notes against Defendant, one dated November 26, 1S61, payable to Plaintiff one day after date for $157 with 10% interest from the date thereof, the other dated 24th day of January 1862, payable one day after date to one Thomas W. Chambers for the sum of $110 with interest at 10% from date, said note having since been assigned by endorsement and delivered to Plaintiff. The amount for which Plaintiff claims Judgment after allowing all just credits and set offs is $235.90 exclusive of interest. Also, his affidavit stating that said Defendant has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying the Defendant that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appears at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 3rd day thereof if the term shall so long continue if not then before the end of the term Judgment will be rendered against him and his property sold to satisfy the same.
M.J. Hubble Clerk
E.M. Hendrick D.C.

148
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
STATE OF MISSOURI IN THE CIRCUIT COURT COUNTY OF GREENE JANUARY TERM A.D. 1863
p 440.
John Plummer Plaintiff
vs                                                   Civil Action
Ripley B. Weaver & James M. Carthel Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated March 1st 1860 payable to Plaintiff on the 1st day of June ensuing for the sum of $900 bearing interest from due until paid at the rate of 10% per annum on said note are two credits, one for $400, the other for $300, the remainder of said not yet remaining, due Plaintiff. Also, his affidavit stating that the said Defendants are nonresidents of the State of Missouri so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying the Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 3rd day thereof if the term shall so long continue if not then before the end of the term Judgment will be rendered against them and their property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 441.
State of Missouri, County of Greene In the Circuit Court January Term A.D. 1863.

William Care Plaintiff
vs                                                   Civil Action
Alexander Still & James F. Abernathy Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated 19th day of February 1859, payable to Plaintiff on or before the 25th day of December, next, ensuing for the sum of $108 bearing 10% interest from maturity until paid. On said note are two credits, one for $10.80 the other for $14.20, the remainder of said note remaining yet due the Plaintiff. Also his affidavit stating that the Defendants are nonresidents of the State of Missouri so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying the Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 3rd day thereof if the term shall so long continue if not then before the end of the term Judgment will be rendered against them and their property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

Hugh T. Hunt Plaintiff
vs                                                   Civil Action Attachment
John S. Coleman, William B. Reece,
Silas Duggan, W.C. Devenport,
William Breedlove Defendants
Comes the Plaintiff and pays the cost and dismisses his suit.

p 442.
Elisha Headlee, public admin of Greene County
of the State of Missouri of the estate of
William Parish, deceased Plaintiff
vs                                                   Civil Action
Wiley B. Roper & Robert G. Abernathy Defendants
Comes the Plaintiff and files his petition with the Clerk founded on two promissory
(continued)

149
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
State of Missouri, County of Greene In the Circuit Court January Term A.D. 1863
p 442 (continued)
notes against Defendants, one for $954.70 with a credit of $100 dated May 11, 1860, said note being dated April 11, 1860, due one day after the date thereof and one for $1022.91 dated April 11, 1860 due one day after the date thereof with a credit of $150 dated November 14th 1860 both of said notes bearing 10% interest per annum from due until paid, the remainder of said note being yet due Plaintiff. Also an affidavit stating that Defendants are nonresidents of the State of Missouri so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying the Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 3rd day thereof if the term shall so long continue if not then before the end of the term Judgment will be rendered against them and their property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 442/443.
Warren G. Graves Plaintiff
vs                                                   Civil Action to Foreclose Mortgage
John Friedman Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against said Defendant dated April 1st 1861 payable to Plaintiff 12 months after date for the sum of $178 bearing interest at the rate of 10% per annum from date until paid. Also, a Mortgage Deed on certain Real Estate, viz: Lot #29 of Graves Addition to the City of Springfield for the better securing the payment of said note and asks that by Judgment of the Court that the Equity of Redemption in said Lot be foreclosed and the same sold to satisfy said note and interest. Also, his affidavit stating that the Defendant has absented or removed himself from the State of Missouri so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying the Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 3rd day thereof if the term shall so long continue if not then before the end of the term Judgment will be rendered against them and their property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 443.
John S. Waddill Plaintiff
against                                                   Civil Action
Alexander H. Wiley & John D.L. Wiley Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated the 8th day of October 1859 payable 12 months after date to one James R. Waddill for the sum of $180 with 10% interest from date. Said James R. Waddill having on the 11th day of November 1862 assigned said note to Plaintiff, also, his affidavit stating that one of the Defendants, viz: Alexander H. Wiley, is not a resident of the State of Missouri. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying the Defendant, Alexander H. Wiley, that suit has been commenced against him in said Court as above recited and unless he appears at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 6th day thereof and answer to the Petition the same will be taken as confessed.
M.J. Hubble Clerk
by E.M., Hendrick D.C.

150
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
STATE OF MISSOURI, COUNTY OF GREENE IN THE CIRCUIT COURT JANUARY TERM A.D. 1863

p 444.
John S. Coleman Plaintiff
vs                                                   Civil Action
L.A. Campbell, George M. Jones Defendants
Comes the Plaintiff and files his petition with the Clerk the object of which is to obtain a Judgment against the Defendants for damages sustained by the Plaintiff caused by the taking and carrying away by the Defendants of certain goods and merchandise the property of Plaintiff without leave and against his will. The amount for which Plaintiff claims judgment after allowing all just credits and setoffs is $405. Also, his affidavit stating that the Defendants have left their usual place of abode in this State so that the ordinary process of Law cannot be served on them. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that Publication be made in the Springfield Missourian notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 3rd day thereof if the term shall so long continue, if not, then before the end of the term Judgment will be rendered against them and their property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 444/445.
C.C. Williamson, admin of estate of W.J. Bradshaw deceased Plaintiff
against                                                   Civil Action
Joseph B. White, Ishmael Lee Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated April 16th 1861, payable to W.J. Bradshaw, now deceased, for the sum of $300 with interest at the rate of 10% from date on which Plaintiff as administrator aforesaid, claims judgment against Defendants. Also his affidavit stating that the Defendant, Joseph B. White, is not a resident of the State of Missouri. It is therefore ordered by the undersigned Clerk of the Green Circuit Court, in vacation, that publication be made in the Springfield Journal notifying said Defendant, that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appears at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 3rd day thereof if the term shall so long continue, if not, then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 445/446
Joseph J. Weaver, Surviving Partner and
Admin. of the Partnership effects of
John Young, deceased, a partner in the late
firm of Young and Weaver Composed of
John Young and Joseph Weaver Plaintiff
vs                                                   Civil Action
Joseph M. Carthel, F.M. Fulbright Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated March 13th 1860 payable 4 months after the date thereof to John Young and J.J. Weaver for the sum of $2994.50 bearing 10% interest from maturity the amount for which the Plaintiff claims judgment after allowing all just credits and offsets is $2699.94. Also, his affidavit stating that the Defendants have absented themselves from their usual place of abode in this State so that the ordinary
(continued)

151
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
STATE OF MISSOURI, COUNTY OF GREENE IN THE CIRCUIT COURT JANUARY TERM A.D. 1863

p 445/446 (continued)
process of Law cannot be served upon them. it is therefore ordered by the undersigned Clerk of the Greene Circuit Court, in vacation, that publication be made in the Springfield Journal notifying said defendantsthat an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 3rd day thereof if the term shall so long continue, if not, then before the end of the term Judgment will be rendered against them and their property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 446.
William F. Young Plaintiff
against                                                   Civil Action on Promisory Note
Branham H. Woodson, James Norfleet,
William S. Norfleet, Jacob Shultz Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against the Defendants dated August 11, 1859, payable five months after the date thereof to Plaintiff for the sum of $990 with interest at the rate of 10% dated 15th October 1860. Also his affidavit stating that the Defendants, B.H. Woodson, James Norfleet and Jacob Shultz are nonresidents of the State of Missouri so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in Springfield Journal notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 3rd day thereof if the term shall so long continue, if not, then before the end of the term Judgment will be rendered against them and their property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 447.
Thomas J. Bailey Plaintiff
against                                                   Civil Action
Lemuel H. Freeman Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant dated November 16th 1859 payable one day after date to Plaintiff for the sum of $472.19 with interest at the rate of 10% per annum. The amount for which Plaintiff claims Judgment after allowing all just credits and setoffs is $513.47. Also his affidavit stating that the Defendant has 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 of said court, in vacation, that publication be made in Springfield Journal notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appear at the next term of the Court which will be held on the 4th Monday in January l863 and on or before the 3rd day thereof if the term shall so long conti'nue, if not, then before the end of the term Judgment will be rendered against him and his property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

152
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

STATE OF MISSOURI, COUNTY OF GREENE IN THE CIRCUIT COURT JANUARY TERM A.D. 1863

p 448.
Warren G. Graves Plaintiff
vs                                                   Civil Action Foreclose Mortgage
Noble S. Barnum Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against the Defendant dated June 28th 1861 payable to Plaintiff one day after date for the sum of $165.32 bearing interest at the rate of 10% from date until paid. Also on a Mortgage Deed on certain real estate, to wit: Lots #23 and #24 in Graves Addition to the City of Springfield, Missouri, given by Defendant to Plaintiff for the purpose of securing the payment of said note. The Plaintiff therefore asks that he have judgment of foreclosure of said Mortgage and the Equity of Redemption thereon and that the same be sold to satisfy said note and interest. And it appearing from the affidavit of the Plaintiff that said Defendant has absented or removed 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 of said Court, in vacation, that publication be made in Springfield Journal notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 3rd day thereof if the term shall so long continue, if not, then before the end of the term Judgment will be rendered against him and his property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 448/449.
The Bank of The State of Missouri Plaintiff
vs
James H. Christian, Jarvis M. Barker,
William C. Christian, Robert P. Faulkner,
W.M. Horton Defendants.
Comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated 18th day of October 1860, payable 4 months after date for $3000 with legal interest from and after the 18th day of February 1861. Also, his affidavit stating that the Defendant, W.H. Horton has absented himself from his usual place of abode in this State so that the ordinary process of law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 3rd day thereof if the term shall so long continue, if not, then before the end of the term Judgment will be rendered against them and their property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 449.
M.M. McCluer, R.A. McCluer,
John McCluer Plaintiffs
against                                                   Civil Action
D.F. Smith & Henry Toney Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated August 18th 1860 payable to Plaintiffs by the name of M.M. McCluer and Co. four months after date for the sum of $170 bearing interest at the rate of 10% per annum from date until paid. The amount for which the Plaintiffs claim judgment after allowing all just credits and setoffs is $208.25. Also their affidavit
(continued)

153
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
STATE OF MISSOURI, COUNTY OF GREENE IN THE CIRCUIT COURT JANUARY TERM A.D. 1863

p 449 (cont)
stating that one of the Defendants, to wit: .F. Smith has absconded or absented himself from his usual place of abode in this state so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of the said Court, in vacation, that publication be made in the Springfield Journal notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 3rd day thereof if the term shall so long continue, if not, then before the end of the term judgment will be rendered against them and their property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 450.
William G. Gray Plaintiff
against                                                   Civil Action
W.H. Blakey, James P. Gray,
Thomas R. Bridges Defendants
Comes the Plaintiff by agent and files his petition with the Clerk founded on a Bond dated October 13th 1859 wherein the Defendants for value received promised to pay the Plaintiff 24 months after date the sum of $550 with 10% interest after due until paid. Also his affidavit stating that one of the Defendants, to wit: Thomas R. Bridges, has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him, It is therefore ordered by the undersigned Clerk of the said Court, in vacation, that publication be made in the Springfield Journal notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 450/451.
Thomas J. Bailey Plaintiff
vs                                                   Civil Action
J.N. & L.A. Campbell, a firm
composed of John N. Campbell
& Leonidas A. Campbell Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against the Defendants payable to Plaintiff one day after the 16th day of May 1861, the date of said note, for the sum of $1280.57 with interest from date until paid at 10% and on failure to pay said interest annually the same to become principal. Also.his affidavit stating that the Defendants are nonresidents or have so absented themselves from their usual place of abode in this State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of the said Court, in vacation, that publication be made in the Springfield Journal notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy the same.
M.J. Hubble Clerk
by E.,M. Hendrick D.C.

154
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E.
STATE OF MISSOURI, COUNTY OF GREENE IN THE CIRCUIT COURT JANUARY TERM A.D. 1863

p 451.
Thomas J. Bailey Plaintiff
vs                                                   Civil Action
Patrick H. Edward Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note dated January 1st 1856 against Defendant and payable to Plaintiff one day after the date thereof for the sum of $184.84 with 10% per annum from due until paid. Also, his affidavit stating that the Defendant is a nonresident or has so absented himself from his usual place of abode in this state so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in Springfield Journal notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appear at the next term of the Court `which will be held on the 4th Monday in January 1863 and on or before the 3rd day thereof if the term shall so long continue, if not, then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 452.
Ann E. Young, Admin of the estate
of John Young, deceased Plaintiff
against                                                   Civil Action
L.A. Campbell, S.H. Boye,
R.J. McElhaney Defendants
Come the Plaintiff by attorney and files her petition with the Clerk founded on a Last Note against Defendants dated May 21st 1860 payable to John Young on or before the 21st day of May 1861 for the sum of $3600 with 9% interest per annum from date until said note should become due and 10% interest per annum from due until the same was paid. Also, her affidavit by agent stating that the Defendant, Leonidas A. Campbell, has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 452/453.
Bank of the State of Missouri Plaintiff
vs
Joseph M. Carthel, John H. Miller,
William H. Henslee, Francis M. Fulbright Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated May 23rd 1861 payable 4 months after date at the Bank of Missouri, St. Louis, for the sum of $2000. Plaintiff claims Judgment after allowing all just credit and setoffs for the amount of said Bill of Exchange with legal interest on the same from 4 months after May 23rd 1861 with $80 damage for nonpayment of the same. The Plaintiff also files his affidavit stating that the Defendants Joseph M. Carthel and Francis M. Weaver have absented themselves from their usual places of abode in this state so that the ordinary process of Law cannot be served upon them. It is therefore
(continued)

155
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
STATE OF MISSOURI, COUNTY OF GREENE IN THE CIRCUIT COURT JANUARY TERM A.D. 1863

p 452/453 (continued)
ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying the said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 453.
The Bank of the State of Missouri Plaintiff
against                                                   Civil Action
Marshall C. Murry, William L. Murry,
Zachariah Sims & James C. Murry Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated April 11th 1861 payable four months after the date thereof at the Bank of Missouri at Springfield for $450. Plaintiff claims judgment against Defendants after allowing all just credits and setoffs for the amount of said Bill of Exchange with legal interest from four months after April 11th 1861 the date of said Bill and also for $18 damage for nonpayment of same. Also, his affidavit stating that the Defendant, Marshall C. Murry, has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him . It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying the said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the end of the term Judgment will be rendered against them and their property sold to satisfy same. M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 454.
The Bank of The State Of Missouri Plaintiff
against                                                   Civil Action
Marshall C. Murry, William L. Murry,
J.R. Earnest & Zachariah Sims Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated 25th day of April 1861 payable four months after date at the Bank of Missouri, St. Louis, for the sum of $300. The Plaintiff claims judgment after allowing all just credits and setoffs for the amount of said Bill with legal interest from four months after the 25th of April 1861, and $12 damage for nonpayment of said Bill of Exchange. Plaintiff also files his affidavit stating that the Defendant Marshall C. Murry has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying the said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 454/455.
The Bank of the State of Missouri Plaintiff
against                                                   Civil Action
J.M. Bailey, T.D. Wooten,
M.M. McCluer, James Vaughan Defendants
(continued)

156
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
STATE OF MISSOURI, COUNTY OF GREENE IN THE CIRCUIT COURT JANUARY TERM A.D. 1863

p 454/455 (continued)
Comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated on the 11th day of April 1861 for the sum of $3000 payable four months after date thereof at the Bank of Missouri at Springfield. The Plaintiff claims judgment against Defendants after allowing all just credits and setoffs for the sum of $3000 with legal interest from four months after the 11th day of April 1861 and also for $120 damage for nonpayment of said Bill of Exchange. Plaintiff also files his affidavit stating that T.D. Wooten, one of the Defendants, has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying the said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 455.
William B. Farmer Plaintiff
against                                                   Civil Action
Thomas Goodall and
Thomas D. Wooten Defendants
Comes the Plaintiff and files his petition with the Clerk founded on two promissory notes one dated January 1st 1861, payable to one W.H. Jopes one day after date for $86.65 with interest at the rate of 10% per annum, the other dated January 2nd 1860 payable one day after date to W.H. Jopes for $60.32 with interest at the rate of 10% per annum. On said note are two credits, one of $20 date 22nd May 1860, the other for $20 dated 27 January 1861. Plaintiff claims judgment for the balance due on said notes and interest thereon. The Plaintiff also files his affidavit stating that the Defendants are nonresidents of the State of Missouri so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying the said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the court which will be held on the 4th Monday in January 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 456.
Bank of the State of Missouri Plaintiff
vs                                                   Civil Action
Thomas D. Wooten, Thomas Goodall,
and Joshua M. Bailey Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated 22nd August 1861 payable four months after date thereof at the Branch of the Bank of the State of Missouri, at Springfield, for the sum of $350. Plaintiff claims Judgment for the amount of said Bill of Exchange after allowing all just credits and setoffs with interest thereon from four months after the 22nd day of August 1861, and for $14 damage for nonpayment of the same. Plaintiff also files his affidavit stating that the Defendants Thomas D. Wooten and Thomas Goodall having absented themselves from their usual place of abode in this State so that the ordinary process of,Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said
(continued)

157
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
STATE OF MISSOURI, COUNTY OF GREENE IN THE CIRCUIT COURT JANUARY TERM A.D. 1863

p 456 (continued)
Court, in vacation, that publication be made in the Springfield Journal notifying the said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy same.
M.J. Hubble Clerk
by F.M. Hendrick D.C.

p 456/457.
The Bank of the State of Missouri Plaintiff
vs                                                   Civil Action
Gabriel M. Freeman, Lemuel H. Freeman Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated September 26th 1861 for the sum of $1000 payable four months after date at the Branch of the Bank of the State of Missouri, at Springfield. The amount for which Plaintiff claims judgment after allowing all just credits and setoffs is $1000 with interest from four months after the date of said Bill of Exchange and also for $40 damages for nonpayment of same. Also, his affidavit stating that the Defendants have absented themselves from their usual place of abode in this State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

p 457.
The Bank of the State of Missouri Plaintiff
against                                                   Civil Action
Lemuel H. Freeman, Samuel Austin,
Gabriel M. Freeman Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated September 26th 1862 for the sum of $2000 payable four months after date at Branch Bank of the State of Missouri at Springfield. The amount for which Plaintiff claims judgment after allowing all just credits and setoffs is $2000 with interest thereon from the 26th day of January 1862 and also for $80 damage for nonpayment of the same. Plaintiff also files his affidavit stating that the Defendants Lemuel H. Freeman and Gabriel M. Freeman have absented themselves from their usual place of abode in this State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy same.
M.J. Hubble Clerk
by E.M. Hendrick D.C.

158
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
STATE OF MISSOURI, COUNTY OF GREENE IN THE CIRCUIT COURT JANUARY TERM A.D. 1863

p 458.
The Bank of the State of Missouri Plaintiff
vs                                                   Civil action
Wiley B. Roper, Lewis A.D. Crenshaw,
Josiah Leedy Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated April 30th 1861 for the sum of $600 payable at the Branch Bank of the State of Missouri at Springfield four months after the date thereof. Plaintiff claims judgment after allowing all just credits and setoffs for the amount of said Bill of Exchange with interest thereon from four months after the 30th day of April 1861. Also, for $24 damages for nonpayment of the same. Plaintiff also files his affidavit stating that Wiley B. Roper, one of the Defendants, has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy same. M.J. Hubble Clerk
by E.M. Hendrick D.C.

159

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