Abstract of Circuit Court Record Books 1863

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

In Vacation
January Term 1863
Book E

p 660.
In Circuit Court Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
William T. Carter, Meredith N.
Carter & John Dixon Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note in the nature of a Bill of Exchange dated September 5th 1861 payable four months after date at the Branch of the Bank of the State of Missouri at Springfield for the sum of $550 for which sum after allowing all just credits and set-offs with legal interest thereon from four months after the fifth September 1863 and also for $22 damage for non-payment of the same the Plaintiff asks judgment. Plaintiff also files his affidavit stating that 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 Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper published in the State of Missouri, for four weeks succesively, the last insertion to be at least four weeks before the first day of the next term of this Court, 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 this Court which will be held on the first Monday in August 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 them and their property sold to satisfy the same.

p 660/661.
In Circuit Court Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
M.H. Coker (alias W.H. Coker), Samuel
Fulbright, Ephriam R. Fulbright &
Benjamin W. Cannefax Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated June 20th 1861 payable four months after date at the Bank of the State of Missouri at Springfield, Missouri, for the sum of $6000 for which sum and legal interest thereon from 4 months after the date of said Bill of Exchange and also for $240 damage for non-payment of the same after allowing all just credits and setoffs, the Plaintiff claims judgment. Plaintiff also files his affidavit Stating that said 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 Clerk of said Court, in vacation, that publication be made in the SpringfieldJournal, a newspaper published in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court, 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 this Court which will be held on the first Monday in August 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 them and their property sold to satisfy the same.

76
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 661/662
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Samuel Fulbright, M.H. Coker (alias W.H. Coker)
Daniel N. Fulbright & David L. Fulbright Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note, in the nature of a Bill of Exchange dated July 11, 1861, payable four months after date, to the order of Samuel Fulbright Defendant at the Branch of the Bank of the State of Missouri at Springfield for the sum of thousand dollars for which sum, after allowing all just credits and set-offs and legal interest thereon, the Plaintiff claims judgment. And also for $80 damages for non-payment of the same. Plaintiff also files his affidavit stating that Samuel Fulbright and M.H. Coker (alias W.H. Coker) 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 Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri for four months successively, the last insertion to be at least four weeks before the first day of the next term of this Court 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 which will be held on the first Monday in August 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 them and their property sold to satisfy the same.

p 662.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Peyton Nowlin, John Dixon &
Benjamin W. Cannefax Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated May 30th 1861 payable four months after date at the Bank of the State of Missouri at St. Louis, Missouri, for the sum of $3900 for which sum after allowing all just credits and set-offs Plaintiff claims judgment with legal interest thereon from four months after the 30th day of May 1861 and also for $116 damage for non-payment of same. Also, his affidavit stating that said 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 Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri for 4 weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court 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 this Court which will be held on the first Monday in August 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.

p 663.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
John Dixon, William Stewart &
PeytonNowlin Defendants
(continued)

77
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 663 (cont)
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note, in the nature of a Bill of Exchange dated August first 1861 payable four months after date to the order of John Dixon at the Branch of the Bank of the State of Missouri at Springfield for the sum of $450. The Plaintiff claims judgment after allowing all just credits and set-offs for the said sum of $450 and interest thereon from four months after the first day of August 1861 and also for $18 for damage for non-payment of the same. plaintiff also files his affidavit stating that the Defendants John Dixon and PaytonNowlin 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 istherefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court 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 first Monday in August 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 them and their property sold to satisfy the same.

p 663/664.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
John Lair, Samuel S. Vinton &
John A. Miller Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note, in the nature of a bill of Exchange dated August 29th 1861 payable four months after date to the order of John Lair at the branch of the Bank of the State of Missouri at Springfield for the sum of forty hundred dollars. Plaintiff claims judgment after allowing all just credits and set-offs for said sum of forty hundred dollars and interest thereon from four months after the 29th day of August 1861 and also for one hundred and sixty dollars for non-payment of the same. Plaintiff also files his affidavit stating that the Defendant John Lair 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 Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this court 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 this Court which will be held on the first Monday in August 1863 and on or before the third day thereof if the term shall so long continue, if notk then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.

p 664/665.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Christian S. Bodenhamer, Joseph J.
Bodenhamer and Chapman W. Bodenhamer Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note in the nature of a Bill of Exchange dated September 5th 1861, payable
(continued)

78
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 664/665 (Cont)
four months after date to the order of C.S. Bodenhamer at the branch of the Bank of the State of Missouri at Springfield for the sum of $517 for which, after allowing all just credits and set-offs and legal interest thereon from the fifth day of September 1861, and also for $20.58 damage for non-payment of the same Plaintiff claims judgement. Plaintiff also files his affidavit stating that Christian S. Bodenhamer, 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 Clerk of said Court, in vacation, that publication be made in the Springfield Journal, newspaper printed in the State of Missouri, for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court, 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 said Court which will be held on the first Monday in August 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.

p 665.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
J.A. Gillespie, Christian S. Bodenhamer,
Higdon R. Jarret Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on two bills of Exchange, one dated April 4th 1863 payable four months after date at the Bank of the State of Missouri at St. Louis for the sum of $50, the other dated April 18th 1861, payable four months after date at the Bank of the State of Missouri at St. Louis for the sum of $300. The amount for which Plaintiff claims judgment after allowing all just credits and set-offs is $350, with legal interest of $50 from 4th August 1861, and also for $14 damage for non-payment. Plaintiff also files his affidavit stating that Christian S. Bodenhamer, 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 Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court 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 said Court which will be held on the first Monday in August 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.

p 666.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Patrick R. Smith, DeWit C. Smith,
H. Jennings Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated March 28th 1861, payable at the Bank of the State of Missouri
(continued)

79
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 666 (cont)
at St. Louis four months after date for the sum of $1000 from which sum after allowing all Just credits and set-offs and legal interest thereon from 28th June 1861 and also for $40 damage for non-payment, the Plaintiff claims judgment. Also his affidavit stating that Defendants Dewit C. Smith and Patrick R. Smith 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 Clerk of said Court, in vacation, that publication be made n the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court, 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 first Monday in August 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 them and their property sold to satisfy the same.

p 666/667.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
John Lair, Thomas J. Whitlock
and William W. Lair Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note in the nature of a Bill of Exchange dated August 15th 1861, payable four months after date to the order of John Lair Defendant at the Branch of the Bank of the State of Missouri at Springfield for the sum of $1500 for which sum after allowing all just credits and set-offs with interest thereon from four months after the 15th of August 1861 and also for $60 damage for non-payment of the same, Plaintiff claims claims judgment. Plaintiff also files his affidavit stating that the Defendant John Lair has absented himself from his usual place of abode in this State so that ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four succesive weeks before the 1st day of the next term of this Court 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 August 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.

p 667/668.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Nathan Robinson, John A. Miller and
Christian S. Bodenhamer Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note, in the nature of a Bill of Exchange dated September 26th 1861, payable to the order of Nathan Robinson (alias N. Robinspn) four months after date at the Branch of the Bank of the State of Missouri at Springfield for the sum of $500 for which sum, after allowing all just credits and set-offs with legal interest thereon from the 26th day of September 1861 and also for $20 for damage for non-payment of the same,
(cont)

80
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
P 667/668 (cont)
the Plaintiff claims judgment. Plaintiff also files his affidavit stating that the Defendant Christian S. Bodenhamer, 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 Clerk of the said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four successive weeks before the first day of the next term of this Court 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 August 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.

p 668.
In Circuit Court Greene County, Mo. Aug. Term 1863
Bank of the State of Missouri Plaintiff
against
John Lair, Samuel S. Vinton,
John A. Miller Defendants
Now at this day cones the Plaintiff and files his petition with the Clerk founded on a promissory note, in the nature of a Bill of Exchange, dated August 29th 1861 payable four months after date to the order of John Lair at the Branch of the Bank of the State of Missouri at Springfield for the sum of forty hundred dollars. Plaintiff claims Judgment after allowing all just credits and set-offs for said sum of forty hundred dollars and interest thereon from four months after the 29th day of August 1861. And, also, for one hundred and sixty dollars damage for non-payment of the same. Plaintiff also files his affidavit stating that the Defendant John Lair 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 Clerk of the said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missrniri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court notifying 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 August 1863 and on or before the third day thereof, if the term 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.

p 669.
In the Circuit Court Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
Jacob Shultz, Gabriel P. Shackleford,
William W. Lair Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note, in the nature of a bill of Exchange, dated September 26, 1861, payable four months after date to the order of Jacob Shultz at the Branch of the Bank of St.Louis Missouri at Springfield for the sum of $1000 for which sum, after allowing all Just credits and setoffs the Plaintiff claims judgment with legal interest from the 26th day of September 1861 and also for $40 damage for nonpayment of same. Also, his affidavit stating that Jacob Shultz and Gabriel P. Shackleford 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 Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed (cont)

81
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 669 (cont)
in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court, 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 first Monday in August 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 them and their property sold to satisfy the same.

p 669/670.
In Circuit Court Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
James S. Jones, George C. See, as
admin. of estate of Alvin C. Graves,
deceased & John A. Miller Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note (in the nature of a Bill of Exchange) dated May 24th 1861, payable four months after date to the order of James S. Jones, Defendant, at the Branch of the Bank of the State of Missouri at Springfield, for the sum of $400. Plaintiff claims judgment after allowing all just credits and set-offs for said sum of $400 and interest thereon from 29th September 1861 and also for $16 damage for nonpayment of the same. Plaintiff also files his affidavit stating that James S. Jones, 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 Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court, 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 August 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.

p 670/671.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Samuel Fulbright & David L. Fulbright Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note (in the nature of a Bill of Exchange) dated September 19th 1861 payable four months after date to the order of Samuel Fulbright, Defendant, at the Bank of the State of Missouri at Springfield for the sum of $300 for which sum (after allowing all just credits and setoffs) with legal interest thereon from four months after the 19th day of September 1861, and also for $12 damage for nonpayment of the same, the Plaintiff claims judgment. Plaintiff also files his affidavit stating that Samuel Fulbright, 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 Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court,
(continued)

82
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 670/671 (cont)
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 August 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.

p 671/672.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
James S. Jones, William G. Evans &
John A. Miller Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated may 16th 1861 payable four months after date at the Bank of the State of Missouri at St. Louis for the sum of $400 for which sum (after allowing all just credits and setoffs) with legal interest thereon from the 16th September 1861, and also for $16 damage for nonpayment of the same, the Plaintiff claims judgment. Plaintiff also files his affidavit stating that Defendants James S. Jones and William G. Evans 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 Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court, 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 first Monday in August 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 them and their property sold to satisfy the same.

p 672.
In Circuit Court Greene County, Mo. August Term 1863
William F. McCullah Plaintiff
against
Leonidas C. Campbell Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a demand against the Defendant for damage sustained by Plaintiff by the taking and carrying away wrongfully and without leave by the Defendant the following property of the Plaintiff, that is to say, 200Bushels of corn, worth 5O per Bushel and 20,000 Binds of oats worth 2 per Bind and also a lot of merchandise worth $6000. The amount for which the Plaintiff claims judgment, after allowing all just credits and setoffs is $7500. Plaintiff also files 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 Clerk of said Court, in vacation, that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this court, 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 August 1863 and On or before the third day thereof, if the term shall so long continue, if not,
(cont)

83
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 672 (cont)
then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.

p 673.
In Circuit Court Greene County, Mo. August Term 1863
John F. Wade, Admin. of the estate
of J.W.C. Buckner, Deceased Plaintiff
against
Mercer Moody & Lewis A.D. Crenshaw Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated 23rd day of August 1860 payable 12 months after date to J.F. Wade, administrator of the estate of J.W.E. Buckner, deceased, for the sum of $48.50 bearing 10% interest from maturity for which, after allowing all just credits and setoffs, the Plaintiff claims judgment; also, his affidavit stating that Defendant Mercer Moody, is not a resident of the State of Missouri and 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 Clerk of said Court, in vacation, that publication be made notifying said Defendant that an action has been commenced against him by petition and attachment in said amount as above recited, that his property is about to be attached and unless he appears at the next term of this Court which will be held on the first Monday in August 1863 at the Court House in County and State aforesaid and on or before the third day thereof and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment him and his property sold to satisfy the Same. It is further ordered that this order be published in the Springfield Journal, a newspaper published in the State of Missouri, for four successive weeks, the last insertion to be at least four weeks before the first day of the next term of this Court.

p 673/674.
In Circuit Court Greene County, Mo. August Term 1863
The Bank of the State of Missouri Plaintiff
against
James S. Jones, John A. Miller
& Evans, Morgan & Co, a firm
composed of William G. Evans, Thomas
B. Morgan and Eber Compton Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated February 28th 1861, payable four months after date at the Bank of the State of Missouri at St. Louis for the sum of $1000 for which sum (after allowing all just credits and setoffs) the Plaintiff claims judgment with legal interest thereon from the 15th July 1861 and also $40 for damage for nonpayment of the same. Plaintiff also files his affidavit stating that the Defendants, James S. Jones, William G. Evans, Thomas B. Morgan and Eber Compton 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 Clerk of said Court, in vacation, that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court, notifying said Defendants that an action has been coinmenced 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 first Monday in August 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 them and their property sold to satisfy the same.

84
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 674/675.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Nicholas F. Jones, George M. Jones
and John A. Miller Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note (in the nature of a Bill of Exchange) dated September 26th 1861, payable four months after date to the order of N.F. Jones at the branch of the Bank of the State of Missouri at Springfield for the sum of $465.30 for which sum (after allowing all just credits and setoffs) the Plaintiff claims judgment, with legal interest, on the same from four months after the 26th September 1861. And also for the sum of $18.60 for damages for nonpayment of the same. Plaintiff also files his affidavit stating that the Defendants, Nicholas F. Jones and George M. Jones 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 Clerk of said Court, in vacation, that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court, 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 first Monday in August 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 them and their property sold to satisfy the Same.

p 675/676.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Rufus Shipp, Lemuel H. Freeman
and Jacob Painter Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note (in the nature of a Bill of Exchange) against Defendants dated October 17th 1861 payable four months after date at the branch of the Bank of the State of Missouri at Springfield to the order of Rufus Shipp for the sum of $972. Plaintiff claims judgment after allowing all just credits and setoffs for said sum of $972 with legal interest thereon from four months after the 17th day of October 1861 and also for the sum of $38.88 damage for nonpayment of the same. Plaintiff also files his affidavit Stating that the Defendants, Rufus Shipp and Lemuel H. 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 Clerk of said Court, in vacation, that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri for four weeks successively, the last in sertion to be at least four weeks before the first day of the next term of this Court, 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 first Monday in August 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 them and their property sold to satisfy the same.

85
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 676.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
John Lair, John A. Miller,
Samuel S. Vinton Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note (in the nature of a Bill of Exchange) against Defendants dated Sept. 28th 1861 for the sum of $2000 payable from month after date to the order of John Lair, Defendant, 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 $2000 with legal interest thereon from four months after the 28th day of September 1861, and also for the sum of $80 damages for nonpayment of the same. Also, their affidavit stating that John Lair, 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 Clerk of the said Court, in vacation, that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court , 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 August 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.

p 677.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
John Lair, William W. Lair,
Alfred M. Julian Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note (in the nature of a Bill of Exchange) dated July 25th 1861 payable four months after date to the order of John Lair at the branch of the Bank of the State of Missouri at Springfield for the sum of $2027 for which amount and interest thereon from four months after 25th July 1861 (after allowing all just credits and setoffs) and also for $80.08 damage for nonpayment of the same, the Plaintiff claims judgment also his affidavit stating that John Lair, 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 Clerk of said Court, in vacation, that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri, 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 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 August 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.

86
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 677/678
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Benjamin W. Cannefax, Samuel Fulbright
and James Vaughan Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded On a promissory note (in the nature of a Bill of Exchange) dated August 15th 1861, payable four months after date to the order of B.W. Cannefax at the branch of the Bank of the State of Missouri at Springfield for the sum of $1500 for which sum and legal interest thereon from four months after the 19th August 1861, and also for $60 damages for non payment of same, the Plaintiff claims judgment. Plaintiff also files his affidavit stating that the Defendants, Benjamin W. Cannefax and Samuel Fulbright, 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 Clerk of said Court, in vacation, that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri, 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 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 first Monday in August 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 them and their property sold to satisfy the same.

p 678/679.
In Circuit Court Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
Nicholas F. Jones, George M. Jones,
John A. Miller & Gabriel P. Shackleford Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated August 1st 1861 for the sum of$S200 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 $200 with legal interest from the first day of August 1861, and also for $8 damages for nonpayment of the same. Plaintiff also files his affidavit stating that the Defendants, Nicholas F. Jones, George M. Jones and Gabriel P. Shackleford have absented themselves from their usual place of abode in the State of Missouri so that the ordinary process of law cannot be served upon them. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri 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 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 first Monday in August 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 them and their property sold to satisfy the same.

87
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 679.
In Circuit Court Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
Ephraim R. Fulbright, Daniel N.
Fulbright, Henry Fulbright Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note (in the nature of a Bill of Exchange) dated September 12th 1861 payable four months after date at the branch of the Bank of the State of Missouri at Springfield to the order of E.R. Fulbright for the sum of $540 for which sum the Plaintiff claims judgment, after allowing all just credits and setoffs, with legal interest thereon, from four months after the date of said Bill of Exchange and also for the sum of $27 damage for nonpayment of the same. Also, his affidavit stating that the Defendants, Ephraim R. Fulbright and Henry Fulbright, 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 Clerk of said Court, in vacation, that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri 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 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 first Monday in August 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 them and their property sold to satisfy the same.

p 680.
In Circuit Court Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
Ephraim R. Fulbright, John Y. Fulbright,
David L. Fulbright Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note, in the nature of a Bill of Exchange, dated October 17th 1861 payable four months after date to the order of Ephraim R. Fulbright, Defendant. for the sum of $1749 at the branch of the Bank of the State of Missouri at Springfield. Plaintiff claims judgment after allowing all just credits and setoffs for said sum of $1749 with legal interest thereon from 4 months after the date of said Bill of Exchange and also for $69.96 damage for nonpayment of the same. Plaintiff also files his affidavit stating that the Defendant Ephraim R. Fulbright 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 Clerk of said Court, in vacation, that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri 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 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 first Monday in August 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.

88
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 681
In Circuit Court Greene County, Mo.August Term 1863
Bank of the State of Missouri Plaintiff
against
Patrick R. Smith, Dewit C. Smith,
Harriet Smith Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on two promissory notes (in the nature of Bills of Exchange) one dated May 11th 1861 payable to the order of P.R. Smith four months after date at the branch of the Bank of the State of Missouri at Springfield for the sum of $1500 for which sum with legal interest from 11th may 1861 and also for $60 for damage for nonpayment of the same, Plaintiff claims judgment. The other note dated June 11th 1861 payable to the order of P.R. Smith from four months after date at the branch of the Bank of the State of Missouri at Springfield for the sum of $200 for which the Plaintiff claims judgment with legal interest thereon from four months after the 11th June 1861 and also for $8 damage for nonpayment of the same. Also, his affidavit stating that the Defendants Patrick R. Smith and Dewit C. Smith 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 Clerk of said Court, in vacation, that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri, 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 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 first Monday in August 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy the same.

p 681/682.
In Circuit Court Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
James S. Jones, Richard M. Jones
and Solomon C. Nevill Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note (in the nature of a Bill of Exchange) dated September 5th 1861 payable four months after date at the branch of the Bank of the State of Missouri at Springfield to the order of James S. Jones for the sum of $2067.85 for which sum and legal interest thereon from four months after the 5th of September 1861 and for $82.71 damage for nonpayment of same the Plaintiff claims judgment after allowing all just credits and setoffs. Plaintiff also files his affidavit stating that the Defendant, James S. Jones, has absented himself from his usual place of abode in the State so that ordinary process of law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri, 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 the Defendant. that an action has been commenced against them 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 August 1863 and on or before the end of the term judgment will be rendered against him and his property sold to satisfy the same.

89
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 682/683.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Nicholas F. Jones, George M. Jones
and Gabriel P. Shackleford Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note (in the nature of a Bill of Exchange) against Defendants dated October 3rd 1861 payable four months after date to the order of N.F. Jones at the branch of the Bank of the State of Missouri at Springfield for the sum of $514 for which amount the Plaintiff claims judgment, after allowing all just credits and setoffs, with legal interest thereon from four months after the date of said Bill of Exchange and also for the sum of $20.56 damage for nonpayment of the same. Also, his affidavit stating that the Defendants 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 ordered by the undersigned Clerk of said Court, in vacation that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri, 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 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 first Monday in August 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy the same.

p 683/684.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Reason P. Haden, William F. Frazier
and Gabriel P. Shackleford Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated May 30th 1861, payable four months after date to the order of G.P. Shackleford at the Bank of the State of Missouri at St. Louis for the sum of $500 for which sum (after allowing all just credits and setoffs) and interest thereon from four months after 30th May 1861 and also for $20 damage for nonpayment of the same Plaintiff claims judgment. Also, his affidavit stating that the Defendant Gabriel P. Shackleford 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 thereby ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal a newspaper print ed in the State of Missouri, 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 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 first Monday in August 1863 and on or before the end of the term judgment will be rendered against him and his property sold to satisfy the same.

p 684.
In Circuit Court Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
William G. Evans, John A. Miller,
Bedford W. Henslee Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a
(continued)

90

In Vacation Cases Continued
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