Abstract of Circuit Court Record Books 1863

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

In Vacation
January Term 1863
Book E

p 709 (continued)
January 1st 1861 until paid. The amount for which Plaintiff claims judgment after allowing all just credits and setoffs is $198.97. And it appearing from the affidavit of the Plaintiffs that 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 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 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.

p 710.
In Circuit Court of Greene County, Mo. August Term 1863.
McElhaney & Jaggard, a firm composed of
Robert J. McElhaney & Clement Jaggard Plaintiffs
against
Meredith N. Carter Defendant
Now at this day comes the Plaintiffs and files their petition with the Clerk founded on a promissory note against the Defendant dated January 1st 1857 payable one day after date to Plaintiffs for the sum of $81.70, with interest after maturity at the rate of 10% per annum. The amount for which the Plaintiffs claim judgment after allowing just credits and setoffs is $125.23 and it appearing from the affidavit of plaintiffs that the Defendant has absconded or 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 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 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 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.

p 710/711.
In Circuit Court of Greene County, Mo. August Term 1863.
Robert J. McElhaney & Clement Jaggard Plaintiffs
against
William S. Wilks Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant dated January 25th 1861 payable one day after date due to McElhaney and Jaggard for the sum of $111.07 with interest at the rate of 10% per annum from January 1st 1861 until paid. The other note payable to McElhaney Jaggard and Co. for the sum of $29.90 with interest at the rate of 10% per annum from January 1st 1861 until paid. Said note having since become the property of Plaintiffs by assignment. The amount for which the Plaintiffs claim judgment after allowing all just credits and setoffs is $175.55, and it appearing from the affidavit of Plaintiffs that the Defendant has absconded or absented himself from his usual place of abode in
(continued)

106
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 710/711 (cont)
this state so that 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 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 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.

p 712.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
William L. Murry, James K. Murry,
James Murry and T.D. Murry 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 to the order of James Murry for the sum of $225 payable at the Bank of Missouri at St. Louis. Plaintiff claims judgment after allowing all just credits and setoffs for said sum of $225 and interest thereon from 28th June 1862, and also for $9 damage for nonpayment. Also, his affidavit stating that the Defendants, William L. Murry, James K. Murry and James Murry have absented themselves from their usual places of abode in this State so that 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 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 712/713.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Meredith N. Carter, William J. McDaniel
and A.C. Bradley 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 M.N. Carter at the branch of the Bank of the State of Missouri at Springfield for the sum of $100 for which sum (after allowing all just credits and setoffs) and interest thereon from 25th November 1861 and $4 damage for nonpayment the Plaintiff claims Judgment. Also, his affidavit stating that the Defendant, Meredith N. Carter, has absented himself from his usual place of abode in the State of Missouri 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
(continued)

107
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 712/713 (cant)
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 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 not, then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.

p 713/714.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Gabriel M. Freeman, James Coleman Gardner
and John Q. Appleby and William A. Appleby,
admin on estate of
W.B. Freeman, deceased 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 Oct 17th 1861 payable four months after date to the order of G.M. Freeman at the branch of the Bank of the State of Missouri at Springfield for the sum of $180 with interest at 8% after due. Plaintiff claims judgment for said sum of $180 and interest from 17th February 1862 and $7.25 damage for nonpayment of same. And it appearing from the affidavit of the Plaintiff that James Coleman Gardner and Gabriel M. Freeman 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 Clerk of said Court 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 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 714/715.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Marshall C. Murry, William L. Murry,
John R. Earnest & John R. Murry Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated March 21st 1861 payable four months after date at the Bank of Missouri at St. Louis to the order of John R. Earnest for the sum of $300 for which sum and interest thereon for 21st day of July 1861 and $12 damages for nonpayment, the Plaintiff claims Judgment. And it appearing from the affidavit of Plaintiff that Defendants Marshall C. Murry and William L. Murry 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 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
(continued)

108.
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
P 714/715 (cont)
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 715.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
William A. Campbell, Richard B. Coleman,
and Eli Parris, administrator of estate
of John Young, deceased Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated May 9th 1861 payable four months after date to the order of John Young at the Bank of the State of Missouri at St. Louis for the sum of $1500 for which sum and interest thereon from 9th Sep 1861 and $60 damage for nonpayment of the same the Plaintiff claims judgment. And it appearing from the affidavit of Plaintiff that the Defendant, William 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 Clerk of said Court, in vacation, that Publication be made in the Springfield Missourian 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 William A. Campbell 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 716.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Louisa T. Campbell, Leonidas A. Campbell,
and John H. Miller 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 four months after date to the order of John H. Miller at the Bank of Missouri at St. Louis for the sum of $1800 for which sum and interest thereon from 28th July 1961 and $72 damage for nonpayment the Plaintiff claims judgment. Also, his affidavit stating that the Defendants, Louisa T. Campbell and Leonidas A. Campbell, 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 Clerk of said Court, in vacation, that publication be made in the Springfield Journal four 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.

109
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 716/717.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Lemuel H. Freeman, William H. Henslee,
administrators of estate of deceased
and James Norfleet 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 to the order of James Norfleet at the Bank of Missouri at St. Louis for the sum of $600 for which sum, after allowing all just credits and setoffs, and interest thereon from 26th June 1861 and $24 damages for nonpayment, Plaintiff claims judgment. Also, his affidavit stating that the Defendants, James Norfleet and Lemuel H. Freeman, have absented themselves from their usual places of abode in this State so that 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 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 717/718.
In Circuit Court of Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
William L. Hancock, William H. Henslee,
administrator of estate of Jabez Owen,
deceased and Abner Hamlin Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of exchange dated June 15th 1861, payable four months after date to the order of Abner Hamlin at the Bank of Missouri at St. Louis for the sum of $450 for which sum (after allowing all just credits and setoffs) and interest thereon from 13th October 1861 and $18 damage for nonpayment of the same, the Plaintiff claims Judgment. Also, his affidavit stating that the Defendant, William L. Hancock, has absented himself from his usual place of abode 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 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 718.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Gabriel M. Freeman, William W.
Lair & 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) dated August 29th 1861, payable four months after date to the order of G.M. Freeman at the branch of the Bank of Missouri at Springfield for the sum of $200 for which sum (after allowing all just
(continued)

110
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 718 (cont)
credits and setoffs) and interest thereon from 29th Dec 1861 and $8 damage for non payment, the Plaintiff claims judgment. Also, his affidavit stating that the Defendants Gabriel M. Freeman and Gabriel P. Shackleford, 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 Clerk of said Court, in vacation, that publication be made in 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 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 719.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
RichardB. Coleman, William A Campbell,
Dewit C. Smith 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 February 18th 1861 payable four months after date to the order of R.B. Coleman, at the branch of the Bank of the State of Missouri at Springfield for the sum of $1600 for which sum and interest thereon from 4 fonths after the 18th February 1861 and also for $64 damage for nonpayment, the Plaintiff claims judgment. Also, his affidavit stating that the Defendants, William A. Campbell and Dewit C. Smith, have absented themselves from their usual place of abode 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 Missoui, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this 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 by petition and attachment in said Court as above recited 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 719/720.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Benjamin C. Hardin, John T.
Hardin and D.G. Hardin 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 B.C. Hardin at theBrangh of the Bank of the State of Missouri at Springfield for the sum of $363.50, for which sum (after allowing all just credits and setoffs) and interest thereon from 26th Jan 1861, and $14.54 damage for nonpayment, the Plaintiff claims judgment. Also, his affidavit stating that the Defendant, Benjamin C. Hardin, 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 weeks successively, the last insertion to be at least four weeks before the first day of
(continued)

111
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION

p 719/720 (cont)
the next term of this Court, notifying said Defendants that an action has been commenced against him by petition and attachment in said Court as above recited 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 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.

p 720/721.
In Circuit Court of Greene County, Mo August Term 1863
Bank of the State of Missouri Plaintiff
against
James K. Murry, James Murry,
A.D. Murry & William L. Murry 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 James K. Murry at the branch of the Bank of the State of Missouri at Springfield for the sum of $600 (for which Sum, after allowing all just credits and setoffs) and interest thereon from four months after the 29th August 1861, and for $24 damage for nonpayment, the Plaintiff claims judgment. 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 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 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 721.
In Circuit Court of Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
Jarvis M.Barker, Thadeus Sharpenstein
and William C. Christian 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 J.M. Barker at the branch of the Bank of the State of Missouri at Springfield for the sum of $1034 for which sum and interest thereon from 19th January 1862, and also for $41.36 damages for nonpayment, the Plaintiff claims judgment. Also his affidavit stating that the Defendant, Thadeus Sharpenstein, 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 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 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 not, then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.

112
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 721/722.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
Against
Meredith N. Carter, William B.
Edwards & RichardB. Owens Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated May 9th 1861 payable four months after date to the order of R.B. Owen at the Bank of Missouri at St. Louis for the sum of $350 for which sum (after allowing all just claims and setoffs) and interest thereon from 9th September 1861 and for $14 damage for nonpayment the Plaintiff claims judgment. And it appearing from the affidavit of the Plaintiff that the Defendant, Meredith N. Carter has absen ted 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, Meredith N. Carter, 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 722/723.
In Circuit Court of Greene County, Mo. August Term 1863
Elisha Headlee, Public Administrator of
Greene County, Mo., having charge of the
estate of William Parrish, Deceased Plaintiff
Against
John T. Hardin Defendant
Now at this day comes the Plaintiff and having heretofore filed his petition with the Clerk founded on two promissory notes payable one day after date to William Parrish (now deceased), one dated January 13th 1859 for the sum of $200 bearing interesst at the rate of 10% per annum from date until paid on which is a credit of $125. The other note dated May 13th 1859 for the sum of $50 with interest at 10% per annum and on which is a credit of $40. For the remainder of said notes and interest thereon the Plaintiff claims judgment, and also files 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 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, then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.

p 723
Divorce Dewitt C. Brewster & Easter Ann Brewster (Previously extracted)

113
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION.
p 724.
In Circuit Court of Greene County, Mo. August Term 1863
Higdon R. Jarret & G.L. Mitchell Plaintiffs
Against
John W. Hancock Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Book Account for Blacksmith work wherein the amount claimed by Plaintiff is $21.65 and it appearing from the affidavit of Plaintiffs 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 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 this Court which will be held on the first Monday in August 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 724/725.
In Circuit Court of Greene County, Mo August Term 1863
Mary B.Nowlin, executrix and
Peyton Newlin, Executor of the last
will and testament of B.F.Nowlin, deceased Plaintiffs
against
Jacob Shultz Defendant
Now at this day comes the Plaintiff and files their petition with the Clerk founded on a promissory note against Defendant dated October 7th 1859, payable one day after date to Peyton and Mary B.Nowlin, executors of the will of B.F.Nowlin deceased for the sum of $1219.75 with interest at the rate of 10% per annum from date until paid. On said note are 2 credits amounting to $310 the amount for which Plaintiff claims judgment after allowing all just credits and setoffs is $1302.81. And it appearing from the affidavit of the Plaintiffs that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of the 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 this Court which will be held on the first Monday inAugust 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 725/726.
In Circuit Court of Greene County, Mo August Term 1863
James M. Thompson, administrator of estate
of JohnB. Johnson Plaintiff
against
M.D. Hendricks & Mercer Moody Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on
(continued)

114
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 725/726 continued
a promissory note against Defendants dated May 5th 1859 payable one day after date to the order of John B. Johnson for the sum of $220 with interest at the rate of 10% until paid the amount for which Plaintiff as aforesaid claims judgment after allowing all just claims and setoffs is $266.81 and it appearing from the affidavit of Plaintiff that the Defendants have absented themselves from their usual places 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 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 weeks successively, the last insertion 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 and 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 so long continues, 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

p 726.
In Circuit Court of Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
William A. Campbell, James Vaughan
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 August 29th 1861 payable four months after date to the order of W.A. Campbell at the branch of the Bank of the State of Missouri at Springfield for the sum of $250 for which sum, after allowing all just credits and setoffs, the plaintiff claims judgment with interest thereon from 19th December 1861 and ten dollars damage for nonpayment and it appearing from the affidavit of the Plaintiff that defendant W.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, 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 at least four weeks before the first day of the next term of this Court notifying said Defendant, W.A. Campbell, 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 so long continues, 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

p 727.
In Circuit Court of Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
Eli G. Paris, admin of Estate of
John Young, Deceased., E. Ebert
and Thomas D. Wooten Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated February 21st 1861 payable four months after date to the order of T.D. Wooten at the Bank of Missouri at St. Louis for the sum of $200 for which sum and the interest thereon from 21st June 1861 and $8 damage for nonpayment the Plaintiff
(continued)

119
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 727 (continued)
claims judgment. And it appearing from the affidavit of Plaintiff that Defendant, Thomas D. Wooten, 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 Missourian, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion at least 4 weeks before the first day of the next term of this Court notifying said Defendant, Thomas D. Wooten, that an action has been commenced against him by petition and attachment in said Court as above recitee 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 so long continues, 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

p 727/728.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
William L. Thompson, Abner Hamblin
and Andrew J. Thompson 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 W.L. Thompson at the branch of the Bank of the State of Missouri at Springfield for the sum of $279 for which sum, after allowing all just credits and setoffs, with interest thereon from 19th Jan 1862 and $11.16 damage for nonpayment the Plaintiff claims judgment. And it appearing from the affidavit of the Plaintiff that the Defendants, William L. Thompson and Andrew J. Thompson, 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 for four successive weeks, the last insertion at least four weeks before the first day of the next term of this Court which will be held on the first Monday in August, next, notifying said Defendants that suit has been commenced against them by petition and attachment as above recited 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 so long continues, 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

p 728/729.
In Circuit Court of Greene County, Mo August Term 1863
Bank of the State of Missouri Plaintiff
against
William H. Frazier, George L. Mitchell
and James H. Fagg Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated January 10th 1861 payable four months after date to the order of James H. Fagg at the Bank of Missouri at St. Louis, Mo., for the sum of $250 for which sum with interest thereon from 10th day of May 1861 and $10 damage for nonpayment of the same the Plaintiff claims judgment. And it appearing from the affidavit of the Plaintiff that the Defendant, George L. Mitchell, has absented himself from his
(continued)

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BOOK E
JANUARY TERM 1863
IN VACATION
p 728/729 (cont)
usual place of abode 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 Missourian, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion at least four weeks before the first day of the next term of this Court notifying said Defendant, George L. Mitchell, that an action has been commenced against him by petition and attachment as above recited 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 end of the third day thereof if the term so long continues 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

p 729/730.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
James G. Adams, Joseph L.
Thompson, William Thompson 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 James G. Adams at the branch of the Bank of the State of Missouri at Springfield for the sum of $600 for which sum (after allowing all just credits and setoffs) with interest thereon from 29th December 1861 and $20 damage for nonpayment of the Plaintiff claims Judgment. And it appearing from the affidavit of the Plaintiff that the Defendants, Joseph L. Thompson and William Thompson 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, Missour ian, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least 4 weeks before the first day of the next term of this Court notifying said Defendants, Joseph L. Thompson and William Thompson, that an action has been commenced against them by petition and attachment 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, next, 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.
M.J. Hubble Clerk

p 730.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Henry E. Parberry, A.V. Small,
Susan Parberry & James S. Norfleet Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated April 18th 1861 payable four months after date to the order of Susan Parberry at the Bank of Missouri at St. Louis for the sum of $400 for which sum (after allowing all just claims and setoffs) and interest thereon from 18th August 1861 and for $16 for damage for nonpayment the Plaintiff claims Judgment. And it appearing from the affidavit of the Plaintiff that the Defendants, Henry E. Parberry and A.V. Small, 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)

117
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BOOK E
JANUARY TERM 1863
IN VACATION
P 730 (continued)
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 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, Henry E. and Susan Parberry, that an action has been commenced against them by petition and attachment 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, next, 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.
M.J. Hubble Clerk

p 730/731.
In Circuit Court of Greene County, Mo. August Term 1863
Henry Sheppard and John S. Kimbrough Plaintiffs
against
Dee McCoy Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant dated January 1st 1861 payable one day after date to Sheppard & Kimbrough on order for the sum of $75.80 with interest at the rate of 10% from date until paid and on failure to pay interest annually the same to be principal and bear same rate interest as the principal. And it appearing from the affidavit of the Plaintiff 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 there fore 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 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 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, next, 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

p 731/732.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Thomas C. Blakey, Reuben E. Blakey
and John H. Miller Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated January 3rd 1861 payable four months after the date thereof to the order of John H. Miller at the Bank of Missouri at St. Louis for the sum of $250 for which sum (after allowing all just claims and setoffs) and interest thereon from third day of May 1861, and $10 damage for nonpayment the Plaintiff claims judgment. And it appearing from the affidavit of the Plaintiff that Defendant, Reuben E. Blakey,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 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 as above recited that his property is about to be attached and unless
(continued)

118
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 731/732 (continued)
he appears at the next term of this Court which will be held on the first Monday in August, next, 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

p 732.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
William H. Jopes, William A. Campbell
and Dewit C. Smith 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 4th 1861 payable four Months after date to the order of W.A. Campbell at the Bank of the State of Missouri at Springfield for the sum of $250 for which sum with interest thereon from November 4th 1861 and $10 damage for nonpayment the Plaintiff claims judgment. And it appearing from the affidavit of Plaintiff that the Defendants Dewit C. Smith and William A. Campbell 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 Missourian, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion at least four weeks before the first day of the next term of this Court notifying said Defendants, William A. Campbell and Dewit C. Smith, that an action has been commenced against them by petition and attachment in this 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, next, 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.
M.J. Hubble Clerk

p 733.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
P.F. Denton, George L. Mitchell, Isaac
W. Mitchell, James Mitchum,
and Samuel S. Vinton Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated February 21st 1861 payable four months after date to the order of Isaac W. Mitchell at the Bank of Missouri at St. Louis for the sum of $1800 for which sum (after allowing all just credits and setoffs) with interest thereon from 21st June 1861 and also for $72 damage for nonpayment the Plaintiff claims judgment and it appearing from the affidavit of Plaintiff that the Defendants, George L. Mitchell and Isaac W. Mitchell, have absented themselves from their usual places of abode 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 madein the Springfield Missourian, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion 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 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 on the first Monday in August next and on 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.
M.J. Hubble Clerk

119
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 733/734.
In Circuit Court of Greene County, Mo. August Term 1863.
M.J. Hubble Plaintiff
against
B.W. Cannefax Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note dated May 1861 due on or before the first day of September following for $380 for value received with a credit on same for $81.42 dated June 10th 1862 the Plaintiff claims judgment for theBalance of said note and interest thereon. And it appearing from the affidavit of Plaintiff that Defendant is not a resident of 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, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion 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 and that his property is about to be attached and unless he appear at the next term of this Court which will be held on the first Monday in August, next, 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

p 734/735.
In Circuit Court of Greene County, Mo. August Term 1863
Elisha Headlee Public Administrator
of Greene County Plaintiff
against
William G. Grant and William Perry Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated August 23rd 1860 payable 12 months after date to plaintiff as public administrator for Greene County and for the estate of A.H. Mathes deceased for the sum of $42.50 with interest at the rate of 10% per annum from date. And it appearing from the affidavit of the Plaintiff that the Defendant (Wm. G. Grant) is a nonresident of the State of Missouri. 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 (Wm. G. Grant) that suit has been commenced against him in said Court as above recited and unless he appears at the next term of this Court which will be held on the first Monday in August, next, and on or before the third day there of, 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

p 735.
In Circuit Court of Greene County, Mo. August Term 1863
Brigg G. Sims Plaintiff
against Thomas Z. Sims Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant dated 1st October 1860 payable five months after date to the order of Plaintiff for the sum of $253.95 with interest at the rate of 10% per annum from maturity. The amount for which the Plaintiff claims judgment, after allowing all just credits and setoffs, is $336.13. and it appearing from the affidavit (continued)

120

In Vacation Cases Continued
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