Springfield-Greene
County LibraryMarch Term 1840.
Book B
p 93.
At a Circuit Court began and held at the Courthouse in the town of Springfield and the County of Greene on Monday the 30th day of March in the year of our Lord one eight four zero. Present the Honorable Foster P. Wright, Judge, Littleberry Hendrick, esq., Circuit Attorney, Thomas Horn, Sheriff and Cornelius D. Terrell, Clerk.
The Sheriff returned here into Court the following list of Grand Jurors viz William Townsend, foreman, Jackson Langston, Benjamin Johnston, Allen Roberson, Charles Hatler, Thomas Hayten, William Guthry, Littleberry Webb, Jesse Lewis, Joseph Cannefax, Henry T. Duty, Alpheus Huff, John Holcomb, Matthew Sims, Thomas Coughfield, Thomas Lake, William W. Mann, William Gideon, Thomas Hoggs who being sworn and impanneled retired to consider of their presentments.
State of Missouri Plaintiff
vs Indictment for wounding and disfiguring, etc.
Jesse Looney Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and the Defendant Jesse Looney in his own proper person and it being demanded of him how he will acquit himself upon the County and the Circuit Attorney does the like. And thereupon came a Jury viz Miles Carey, J.T. Morten, Robert W. Sims, Thomas Whitlock, George R. Rainey, H.C. Morrison, Peter Epperson, Daniel Peal, James Lee, Ephraim M. Massey, John W. Hancock and Peter Epperson, - twelve good and lawful men who being duly elected tried and sworn returned into Court the following verdict viz . We the Jury find the Defendant guilty in manner and form as charged in the indictment assess the fine to fifteen dollars. It is therefore considered by the Court that the said State of Missouri have and recover of the said Jesse Looney the aforesaid fifteen dollars so assessed against him together with the costs in this behalf laid out expended and that she have execution therefor.
p 94.
State of Missouri Plaintiff
vs Assault with intent to kill
Ephraim M. Massey Plaintiff
(Cause continued until next term)
State of Missouri Plaintiff
vs Indictment for not keeping road in repair
Thomas Potter Defendant
Now at this day came the Circuit Attorney who prosecutes on behalf of the State of Missouri and says he will not further prosecute the said suit but voluntarily suffers the same to be discontinued. It is therefore considered by the Court that the aforesaid indictment be discontinued and that the Defendant go hence without day.
State of Missouri Plaintiff
vs Indictment for assault with intent to kill.
B. Harrison Defendant
(General continuance granted)
This day personally appeared in Court Chesley Cannefax and acknowledged that he had conveyed by deed to Henry Fulbright the following described lot of land viz The NW quarter of Section No one of Township No. 28 in Range No. 21 containing 160 acres for the uses and purposes therein mentioned it being the lot of land sold the said Chesley Cannefax as Sheriff of Greene County under an execution in favor of William Fulbright and Achilles I. Burnet against Samuel Powers on the first day of July 1837.
1
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1840
p 95
State of Missouri Plaintiff
vs Indictment for not keeping road in repair
Levi Click Defendant
(Motion by Defendant to quash the indictment. Court considered motion be sustained and indictment be quashed)
State of Missouri Plaintiff
vs Indictment for obstructing road
John P. Campbell Defendant
(Motion by Defendant to Quash the indictment. Court considered motion be sustained and indictment be quashed)
Court adjourned till 8 o'clock tomorrow.
State of Missouri Plaintiff
vs Indictment for assault with intent to kill
Ephraim M. Massey Defendant
(Upon motion of Defendant, cause continued until next term of this Court)
Court adjourned until tomorrow morning 8 o'clock.
p 96.
State of Missouri Plaintiff
vs Indictment for assault with intent to kill
Alpheus Huff Defendant
Now at this day comes Delpha Price, a witness in the above cause and by leave of the Court here, filed her motion to retax the costs in the above cause and the matters and things being seen and by the Court here fully understood, it is considered by the Court that the said motion be overruled.
State of Missouri Plaintiff
vs Indictment for assault and battery
Avinant Hollingsworth Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri as well as the Defendant and his attorneys and Hugh Wilkinson, endorsed as Prosecutor in the said indictment being thrice solemnly called came not but made default and thereupon the Circuit Attorney saith that he will not further prosecute the said indictment but voluntarily suffers the same to be discontinued and that the Defendant go hence without day. And it is further considered by the Court that the said Defendant have and recover of the said Hugh Wilkinson prosecutor as aforesaid his costs in this behalf laid out and expended and that he have thereof execution.
State of Missouri Plaintiff
vs Indictment for neglecting to keep road in repair
George R. Rainey Defendant
(Court says said suit be discontinued and that Defendant go hence without day)
p 97.
Isaac Redfearn Plaintiff
vs Slander
Ephraim Fulbright Defendant
Now at this day comes the Defendant and by leave of the Court files here his plea in the above cause.
2
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1840
p 97.
State of Missouri Plaintiff
vs Indictment for assault with intent to kill
James Langston Defendant
Now at this day comes the Defendant and moves the Court to compel the Circuit Attorney to elect which of the two counts in the said indictment he will try, which said motion of the said Defendant was by the Court overruled.
State of Missouri Plaintiff
vs Indictment for obstructing
Thomas Allison Defendant
Now at this day comes the Defendant by his attorney and by leave of the Court filed his plea in the above case.
State of Missouri Plaintiff
vs Indictment assault with intent to kill
James Langston Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri as well as the Defendant in his own proper person and it being demanded of him how he will acquit himself for a plea in this behalf sayeth he is not guilty in manner and form as he is charged in said indictment and for the trial thereof puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury viz William Parish 1, Preston Hampton 2, Benjamin H. Butler 3, Randolph Moon 4, Sherrod Kidd 5, A.W. Maupin 6, Joseph Haden 7, William Murrel 8, L.H. Sims 9, Benjamin B. Snyder 10, Peter Epperson Jr 11 and Tindal C. Casson 12, twelve good and lawful men who being duly elected tried and sworn returned into Court and say that they cannot agree and thereupon by consent of parties the Jury were discharged by the Court.
p 98.
James Clemens Plaintiff
vs Action of Debt
S. & J. Pulliam Defendants
Now at this day comes the Plaintiff by his attorney and says he is unwilling further to prosecute his said suit but voluntarily suffers the same to be discontinued. It is therefore considered by the Court that the said suit be discontinued and that the Defendant go hence without day and it is further considered by the Court that the Defendants have and recover of the said Plaintiff their costs in this behalf laid out and expended and that they have thereof execution.
Walter L. Brown Plaintiff
vs Petition in debt
C.D. Terrell Defendant
The Defendant by his attorney filed here by leave of the Court his motion to rule Plaintiff to give security for costs.
Constantine Perkins Plaintiff
vs Bill in Chancery
Miles Carey Defendant
Upon application of Defendant's Solicitor leave is given by the Court to him to file his answer to said bill
60 days from this term of Court.
p 98/99
State of Missouri Plaintiff
vs Recognizance on charge for perjury
Madison Turner Defendant
This day Robert W. Sims one of the securities of the said Madison Turner who is
(continued)
3
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1840
p 98/99 (continued)
recognized upon a charge of Perjury brought here into Court the said Madison Turner who was let the bail on said charges and delivered up the said Madison Turner in discharge of his bail. It is therefore ordered by the Court that the said Madison Turner be and he is therefore ordered by the Court that the said Madison Turner be and he is from the date of this order in the custody of the Sheriff of Greene County.
Court adjourned till tomorrow morning eight o'clock.
1st Day of April 1840
p 99.
Court resumed - same court officials.
Littlebury Hendrick Plaintiff
vs
The heirs of Bird Miller, Deceased
Bill in Chancery on demurrer to the bill taken under advisement at the last term of this Court.
Now at this day come the parties by their respective solicitors and the Cause being before the Court on a demurrer to the said bill, the Court is of the opinion upon mature deliberation thereupon had that the Register and Receiver in their decision on the subject matter had jurisdiction of the same and that their action thereupon was ministerial. But it is the opinion of the Court that the decision of those offices may be reviewed in a Court of Equity in the same manner and for similar reasons that judgments and decrees of other Courts are reexamined. In such cases the particular acts of fraud and collusion must be set forth. The Court is also of opinion that the evidence in substance which was produced or offered to be produced before the Register and Receiver (page 100)
by complainant should have been set forth in the bill and also that the particular matter and the extent of the cultivation in eighteen hundred and thirty three is not sufficiently stated so as to present clearly on the face of the bill material error in the decision of the Register and Receiver and manifestly to show a preemption right in complainant. It is therefore the opinion of the Court that the said bill is insufficient and leave is given to the complainant to amend the same. And in the event that the complainant does not elicit to amend his said bill it is ordered adjudged and decreed by the Court that the said bill be dismissed without prejudice at complainant's costs and the said complainant now here in Court elects to amend and leave is given to him to amend said bill by the next term of this Court till which time this cause is continued.
p 100.
C.D. Terrell Plaintiff
vs Petition in Debt
Walter L. Brown Defendant
(Court orders Walter L. Brown give security for costs)
State of Missouri Plaintiff
vs Indictment for obstructing road
Thomas Allen Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and says he is unwilling to further prosecute the said indictment but voluntarily suffers the same to be discontinued. It is therefore ordered by the Court that the said indictment be discontinued and that Defendant go hence without day.
4
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1840
p 101.
William P. Smith Plaintiff
vs Assumpsit
John T. Shanks Defendant
Now at this day came the parties by their respective attorneys and thereupon came a Jury viz Preston Hampton 1, George Tooly 2, David Roper 3, William Murrel 4, John R. Gwyn 5, Reece P. Frizell 6, David Ross 7, William Warren 8, John Roberson 9, Benjamin B. Snyder 10, Robert W. Simms 11 and Thomas Wilson 12, twelve good and lawful men who being duly elected tried and sworn returned here into Court the following verdict viz We the Jury find that the Defendant did undertake in manner and form as in the plaintiff's declaration alledged and assess the Plaintiff's damages to fourteen dollars and twenty four cents. It is therefore considered by the Court that the Plaintiff have and recover of the said Defendant fourteen dollars and twenty four cents for his damages together with his costs in this behalf laid out and expended and that he have execution therefor.
Joel H. Haden Plaintiff
vs Petition in debt
Constantine Perkins Defendant
Now at this time came the Plaintiff by his attorney and the Defendant in his own proper person comes into Court and says that he cannot deny but that he is indebted to the said Plaintiff in the sum of three hundred and forty eight dollars and thirty three cents. It is therefore considered by the Court that the said Plaintiff have and recover of the said Defendant the aforesaid sum of money viz three hundred and forty eight dollars and thirty three cents together with his costs in this behalf laid out and expended and that he have thereof execution.
p 102.
Constantine Perkins, impleaded with Miles Carey
vs Petition in debt
Peter E. Blow
And now at this day by consent of Plaintiff's Counsel and by leave of the Court the Defendant Constantine Perkins files here his plea in the above cause.
Following Attachments filed - continued until next Court session.
John W. Ball vs Alanson Botton
Levi Click vs Alanson Botton
R .J. McElhaney vs Alanson Botton
p 102/103
The Grand Jury returned into Court the following bills of Indictment
State of Missouri vs Madison Turner Obstructing road
State of Missouri vs Thomas Ellison Obstructing road
Tyson Mason Plaintiff
vs Petition in Debt
J.W. Danforth Defendant
(Defendant filed his plea)
p 1031st of April 1840
David Humphreys Plaintiff
vs Trespass, Assault and Battery
Jonathan Harper Defendant
Now at this day came the parties by their respecive attorneys and thereupon came a Jury viz A.W. Maupin, Peter Apperson, David Rolston, Christopher McElhannon, L.B. Jewett, David Wallace, William Mitchell, Benjamin Chapman, John W. Dagon, John C. Farmer, (continued)
5
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1840
1st of April 1840
p 103 (continued)
Joseph Powel and Randolph Moore, twelve good and lawful men who being elected tried and sworn returned into Court the following verdict viz We the Jury find the Defendant guilty and assess the damages to eight dollars. It is therefore considered by the Court that the Plaintiff have and recover of the Defendant eight dollars for his damages together with the costs of this suit and that he have thereof execution.
p 104.
Following causes filed -
Hadend Shirley vs Alanson Botton Attachment
Benjamin W. Cannefax vs B. Chapman and G. Wills Trespass
Court adjourned till tomorrow.
Thursday morning April 2nd 1840 - same Court officials.
Peter E. Blow
vs Petition in Debt
Constantine Perkins impleaded
with Miles Carey
(plaintiff files his demurer to Defendant's second plea)
State of Missouri Plaintiff
vs Indictment for selling goods at Auction without license
B.H. Brown Defendant
On motion of Circuit Attorney it is ordered an alias writ issue in above cause.
p 105.
Jno P. Campbell Plaintiff
vs Attachment
D.G. Harris Defendant
Now at this day comes W.C. Langston who was summoned as garnishee in above cause and by leave of the Court filed here his answer in the above cause.
Jno P. Campbell Plaintiff
vs Attachment
D.G. Harris Defendant
(Same as above except Edward C. Moore named)
Green Austin Plaintiff
vs Trespass
James C. Langston Defendant
Now at this day came the parties by their respective attorneys and thereupon came a Jury iz Jacob Panter 1, John W. Sims 2, George W. Sims 3, David Steel 4, Samuel Henson 5, L.B. Jewett 6, John C. Farmer 7, James M. Graham 8, Levi Baker 9, Benjamin Alsop 10, John Briscoe 11, Henry Martin 12, twelve good and lawful men who being duly elected tried and sworn returned here into Court the following verdict, to wit, we the Jury find the Defendant guilty in manner and form as alledged in the said declaration and assess the damages to six dollars and thirty three cents. Therefore it is considered by the Court that the said Plaintiff have and recover of the said Defendant six dollars and thirty cents for his damages together with costs in their behalf laid out and expended and that he have thereof execution.
p 106.
On a motion of John S. Waddle esq, George Dixon esq , is permitted to sign the roll of Practicing Attorneys of this Court.
6
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1840.
2nd April 1840.
p 106.
Cornelius D. Terrell Clerk of this Court now here in Court tenders his resignation as Clerk of said Court which resignation is accepted by the Court.
Joshua Davis is by the Court appointed Clerk of the Circuit Court of Greene County to fill the vacancy occasioned by the resignation of Cornelius D. Terrell to have hold and enjoy the same until his successor is duly elected and qualified and the said Joshua Davis being by the Court duly sworn took the oath to support the Constitution of the United States and of the State of Missouri and faithfully to demean himself in office as Clerk of the said Greene Circuit Court during his continuance as such according to the best of his abilities and that said Davis having entered into bond to the State of Missouri with sufficient securities conditioned as the law directs which is approved by the Court now enters upon the duties of his office.
p 107.
Abraham Barnes Plaintiff
vs Petition in debt
William Dye Defendant
And now at this day came the parties by their respective attorneys and the cause of action being founded on an instrument of writing and neither party requiring a Jury was by the parties submitted to the Court and the Court do find that the said Defendant owes and stands indebted to the Plaintiff in the sum of four hundred and twenty nine dollars and sixty five cents for his debt and damages. It is therefore considered by the Court that the Plaintiff have and recover of the said Defendant four hundred twenty nine dollars and sixty five cents together with his costs in this behalf laid out and expended and that he have thereof execution.
Smith Brothers Plaintiff
vs Petition in debt.
Jno. P. Campbell & Jno. D. Shannon Defendants
Now at this day comes the parties by their respective attorneys and the Plaintiff by his attorney says he is unwilling for them to prosecute his said suit against John D. Shannon but voluntarily suffers the same to be discontinued. It is therefore considered by the Court that the said suit be discontinued as to the said Shannon and the said P. Campbell comes here into Court in his own proper person and says he cannot deny but that he is indebted to the said Plaintiff in the sum of three hundred and twelve dollars and ninety five cents. It is therefore considered by the Court that the said Plaintiffs have and recover of the said Defendants the aforesaid sum of three hundred and twelve dollars and ninety five cents together with his costs in this behalf laid out and expended and that he have thereof execution.
p 108
Robert W. Sims Plaintiff
vs Appeal from Justice of Peace
N. Holt and A. Holt Defendants
Now at this day came the Appellee and by leave of the Court filed here his motion to dismiss said cause for reasons in said motion set forth and the premises being seen and by the Court here fully understood. It is considered by the Court that the said motion be sustained that the judgment of the Justice be reversed and that the said cause be dismissed and it is further considered by the Court that the said Appellee have and recover of the said Robert W. Sims his costs in this behalf laid out and expended and that he have thereof execution and leave is given to withdraw the instrument of writing.
7
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1840
2nd April 1840
p 108.
William Dye Plaintiff
vs Appeal from County Court of Greene County
Henry Collier, Admin of
Samuel Dixon, Deceased Defendant
Now at this day came the parties by their respective attorneys and the Court having seen and fully understood the premises it is considered by the Court that there is no error in the proceedings in the above cause in the Court below. It is therefore remanded to the County Court for further proceedings in the above cause and the decision of the County Court be affirmed and that the Appellee have his costs in this court about the above cause laid out and expended and that he have thereof execution.
p 109. Friday morning April 3rd 1840
William P. Smith Plaintiff
vs Assumpsit
John T. Shanks Defendant
Now at this day came the parties by their respective attorneys and the argument of Counsel being heard and by the Court here fully understood it is considered by the Court that so much of the judgment rendered at this term of this Court as relates to costs in this cause is erroneous. It is therefore considered by the Court that so much of said judgment which is for the costs be set aside and vacated and that neither of the parties recover of the other his costs in this cause, but it is adjudged by the Court that each party pay his own costs.
p 110.
Robert W. Casebolt Plaintiff
vs Slander
John McHaffie Defendant
Now at this day came the Plaintiff by his Attorney and by leave of the Court filed here his Declaration against John McHaffie for slander.
p 110/111.
Peter E. Blow Plaintiff
vs Petition in debt
Carey and Perkins Defendants
Now at this day came the parties by their respective attorneys and the action being founded on an instrument in writing and neither party requiring a Jury it was submitted to the Court and the Court after hearing the evidence do find that the said Defendants were indebted to the said Plaintiff and that the said Miles Carey and Constantine Perkins were partners trading and doing business by the name of Carey and Perkins at the time and place in said replication set forth and alledged and that the said Miles Carey executed the note sued on to the Plaintiff by the name and style of Casey Wilkins in consideration of merchandise purchased by the said Miles Carey as partner of said Perkins and for the use of the said firm of Carey and Perkins and further find that the said Carey and Perkins are indebted to the said Peter E. Blow in the sum of eight hundred and twenty one dollars and ninety five cents for his debt and one hundred and six dollars and ninety five cents for his damages. It is therefore considered by the Court that the Plaintiff have and recover of the said Defendant the aforesaid sum of eight hundred and twenty one dollars and ninety five cents for his debt and one hundred and six dollars and ninety cents for his damages and also his costs in this behalf laid out and expended and that he have thereof execution.
8
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1840.
April 5th 1840
p 111.
It is ordered by the Court that an election be held at the next General Election for Clerk of the Greene Circuit Court to fill the vacancy occasioned by the resignation of C.D. Terrell former Clerk of said Court and that the Sheriff of Greene County give notice of said election according to law.
W.L. Brown Plaintiff
vs Petition in Debt
C.D. Terrell Defendant
Now at this day comes the Plaintiff by his attorney and the Defendant being thrice solemnly called came not but made default and the said suit being founded on an instrument of writing and the demand being ascertained by said instrument the Court do assess the damages to two hundred and forty six dollars and forty cents. It is therefore considered by the Court that the said Plaintiff have and recover of the said Defendant the aforesaid sum of two hundred and forty six dollars and forty cents for his debt and damages together with his costs in this behalf laid out and expended and that he have thereof execution.
p 112.
Capias issued in the following causes:
State vs Madison Turner Indictment for Perjury
State vs John P. Campbell Indictment for obstructing road
State vs Thomas Ellison Indictment for obstructing road
J. Boone, impleaded with
B.H. Boone Plaintiff
vs Trespass, assault and battery
Josiah Burney Defendant
his day came the Defendant by his attorney and by leave of the Court filed here his plea of general issue in the above cause and leave to plea specially in vacation.
p 113.
Joseph Vaulx Plaintiff
vs Debt
Benjamin W. Cannifax, Executor
of Isham Sims, Deceased. Defendant
Now at this time comes the parties by their respective attorneys and the Plaintiff's attorney saith he is unwilling to further prosecute the said suit but voluntarily suffers the same to be discontinued. It is therefore continued and that the Defendant go hence without day and it is further considered by the Court that the Defendant have and recover of the said Plaintiff his costs in this behalf laid out and expended and that he have thereof execution.
Joseph Vaulx Plaintiff
vs Debt
John P. Campbell, Executor of
Isham Sims, Deceased Defendant
Now at this day comes the Defendant by his attorney by leave of the Court filed here his motion to rule Plaintiff to security for costs for reason set forth which motion was by the Court sustained and it is ordered by the Court that the Plaintiff give security for costs within 15 days from this term of the Court.
9
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B. March Term 1840
April 3rd 1840
p 114.
Constantine Perkins Plaintiff
vs Bill in Chancery
Miles Carey Defendant
Leave is granted to complainant upon his motion to amend the bill and to answer at the next term of this Court.
Joseph Vaulx Plaintiff
vs
John P. Campbell, Executor
(Plea filed)
Robert Sims Plaintiff
vs Motion to retax costs
John McDaniel Defendant
By leave of the Court Robert W. Sims by his attorney filed here his motion to re-tax the costs in the above cause.
p 115.
State of Missouri Plaintiff
vs Indictment for perjury
Madison Turner Defendant
This day came the State by L. Hendrick Circuit Attorney as well as the said Defendant in his own proper person who being arraigned upon his arraignment pleads not guilty and for trial thereof puts himself upon the County and the Circuit Attorney in behalf of our said State doth the like. Thereupon came a Jury, to wit, Joseph D. Haden 1, Samuel Rerilsback 2, Sexton B. Jewett 3, Samuel Hanson 4, Randolph Moore 5, Thomas Gilbraith 6, David 0. George 7, John Robinson 8, Joshua Jones 9, Stephen D. Haley 10, James Harper 11, Ragland M. Langston 12, twelve good and lawful men who being duly elected tried and sworn well and truly to try the issue joined after hearing the evidence, retired to consider of their verdict.
The court adjourned until tomorrow morning.
Saturday Morning 4 April 1840
p 115.
State of Missouri Plaintiff
vs
Madison Turner Defendant
Now at this day came the Circuit Attorney on the part of the State and Madison Turner in his own proper person and the Jury empanneled yesterday returned into Court and say that they cannot agree and it being the last day of the March Term of this Court were discharged.
10
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