Springfield-Greene
County LibraryIN VACATION April 17th, 1861.
Divorce Mary S. and Andrew J. Griffin Previously extracted.
p 241.
IN VACATION May 4, 1861.
James Miles Plaintiff
vs Civil Action by Attachment
Morris Black Defendant
Now at this day comes the Plaintiff and files his petition verified by affidavit the object and nature of which is to obtain judgment against the Defendant by attachment and it appearing to the satisfaction of the undersigned Clerk in Vacation that the Defendant is a non-resident of the State of Missouri and that the ordinary process of Law cannot be served on him. It is therefore ordered that the Defendant be notified by publication for four weeks, the last insertion to be at least four weeks before the next term of this Court in the Springfield Mirror, a weekly newspaper printed in this State, that he be and appear before the Judge of our Greene Circuit Court on the first day of the next term thereof which commences at the Court House in Springfield, Mo.,on the first Monday in August, next, and plead, answer or demur to Plaintiff petition or the same will be taken as confessed and a decree entered accordingly.
by J.W.D.L.F. Mack Clerk.
58
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
January Term 1861 IN VACATION
IN VACATION May 8th 1861.
John F. Foster Plaintiff
vs
William M. Armstrong Defendant
Now at this day comes into Court IN VACATION John F. Foster Plaintiff in the foregoing cause and files with the Clerk his petition and affidavit wherein he claims to be the owner and entitled to the possession of and demands possession of the following specified personal property, viz one ox-wagon, one two-horse wagon, one black horse mule, one yoke of oxen, one speckled with a drooped horn the other red-sided and lined backed -all of the actual value of $160 from William M. Armstrong, Defendant, in the foregoing entitled cause. It is therefore ordered by the Clerk of the Circuit Court for Greene County in the State of Missouri at the August Term 1861 In Vacation to wit, on the 8th day of May A.D. 1861 that said William M. Armstrong forthwith deliver said personal property to said John F. Foster and if the said Armstrong fail or refuse so to do then that the Sheriff of said Greene County in the State of Missouri seize and take said personal property from and out of the possession of said William M. Armstrong, Defendant, and deliver it to said John F. Foster, Plaintiff, and because it is alledged in the affidavit of Plaintiff that said property was wrongfully taken and that the right of action accrued within one year it is further ordered by the Clerk aforesaid at the Term aforesaid that said Sheriff deliver said property to said Plaintiff not withstanding said Defendant may tender his bond and offer to keep possession thereof.
IN VACATION April 7, 1862.
p 243.
John S. Gott Plaintiff
vs Civil Action by Attachment
John Lair Defendant
Now at this day comes the Plaintiff and files his petition affidavit and filed with the undersigned Clerk of the Greene Circuit Court IN VACATION the object of which is to obtain Judgment against the Defendant by attachment for the sum of $673.33 and interest thereon from the 22nd January 1861 at 10% and it appearing to the satisfaction of said Clerk In Vacation that the Defendant is a Non-Resident of this State. It is ordered that the Defendant be notified by publication in the Springfield Missourian for four successive weeks the last insertion to be at least four weeks before the next term of this Court notify said Defendant to be and appear at the Court House in the town of Springfield and the first day of the next term of said Court which will commence on the first Monday in August 1862 and plead, answer or demur to Plaintiff's petition or the same will be taken as true and Judgment rendered against him and his property which has been attached sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. HENDRICK D.C.
p 243/244.
IN VACATION April 26, 1862
John R. Wilkerson Plaintiff
vs
John Lair Defendant
Now at this day comes the Plaintiff and files his petition and affidavit the object and general nature of which is to obtain a judgment against the Defendant for charcoal sold and delivered to Defendant by Plaintiff and it appearing from the affidavit of Plaintiff that Defendant is not a resident of the State of Missouri. It is ordered that the Defendant be notified by publication in the Springfield Missourian, a newspaper published in the State of Missouri for four weeks successively after commencement of this
(continued)
59
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION April 26, 1862
p 243/244 (continued)
suit the last in succession to be at least four weeks before the first day of the next term of this Court and that unless the Defendant appear before this Court at the next term thereof which will be held at the Court House in said county on the first Monday in August, next, and on or before the sixth day thereof plead to said petition the same will be taken as confessed.
M.J. Hubble Clerk
by E.M. Hendrick D.C.
p 244.
IN VACATION May 6th, 1862.
Brownbury Rookerd Plaintiff
vs Civil Action by Attachment
James Reler Defendant
Now at this day comes Brownbury Rookerd the Plaintiff in the above entitled cause and files his petition affidavit and bond with undersigned clerk of the Circuit Court of Greene County IN VACATION the object of which is to obtain judgment against said Defendant by attachment and note for the sum of $100 and it appearing from affidavit of said Plaintiff that the Defendant is a non-resident of this State. It is therefore ordered by the Clerk aforesaid, IN VACATION, that the Defendant be notified by publication in the Springfield Missourian for four weeks successively, the last insertion to be at least four weeks before the commencement of the next term of said Court and unless the said Defendant be and appear before this Court at the next term thereof which will be holden at the Court House in the town of Springfield within the County of Greene on the first Monday in August, next, and on or before the sixth day thereof plead to Plaintiff's petition the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the Same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
p 245.
Brownbury Rookerd Plaintiff
against Civil Action
James Reler Defendant
Comes the Plaintiff before the Clerk and files his petition founded on a promissory note against Defendant payable to Plaintiff for $88 with interest at the rate of 10% per annum from the 8th day of October 1860 and also his affidavit stating that Defendant is a non-resident of this State and that he has absconded from his usual place of abode in said County 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 notifying 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 appears at the next term of this Court which will be on the first Monday in August, next, and on or before the third day thereof if the term shall so long continue and if not then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.
Martin J. Rubble Clerk
by E.M. Hendrick D.C.
p 245.
John R. Wilkerson Plaintiff
against Civil Action
John Lair Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a book account for charcoal wherein he claims judgment for $158 and also his affidavit stating that the
(continued)
60
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION May 6th, 1862.
p 245. (continued)
Defendant is not a resident of this State. The Defendant is therefore hereby notified that suit has been commenced against him as above recited and he is hereby required to appear on or before the 6th day of the next term of said Court which will be on the first Monday in August, next, and answer the petition or the same will be taken as confessed. This order to be published in the Springfield Missourian.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
p 246.
John Gott Plaintiff
against Civil Action
John Lair Defendant
Comes the Plaintiff before the Clerk and files his petition founded on two promissory notes against Defendant payable to Plaintiff for $773.33 and interest thereon at the rate of 10% per annum from 22nd January 1861 and also his affidavit stating that the Defendant is a non-resident of this State and that he has absconded from his usual place of abode in said County so that the ordinary process of Law cannot be served upon him. It is thereupon by the undersigned Clerk of said Court In Vacation that publication be made notifying the 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 appears at the next term of the Court which will be on the first Monday in August, next, and on or before the third day thereof if the term shall be so long continue and if not then before the end of the term judgment will be rendered against him and his property sold to satisfy the same. This order to be published in the Springfield Missourian.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
p 247.
John Dade Plaintiff
against Civil Action
John Lair Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against the Defendant payable to Plaintiff for $1067.09 with interest at 10% per annum from the first day of January 1859 the amount claimed by Plaintiff after allowing all Just Credits and set offs being $789.88 also his affidavit stating that the Defendant is a non-resident of this State and that he has absconded from his usual place of abode in said County so that the ordinary process of Law cannot be served upon him. It is thereupon by the undersigned Clerk of said Court In Vacation that publication be made notifying the 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 appears at the next term of the Court which will be on the first Monday in August, next, and on or before the third day thereof if the term shall be so long continue and if not then before the end of the term judgment will be rendered against him and his property sold to satisfy the same. This order to be published in the Springfield Missourian.
Martin J. Flubble Clerk
by E.M. Hendrick D.C.
John Dade Plaintiff
against Civil Action
Thomas D. Wooten Defendant
Comes the Plaintiff and files his petition with the Clerk founded on an article of agreement between said Plaintiff and the Defendant wherein the amount claimed is $240 and interest therein and also his affidavit stating that the Defendant is a non-resident of the State and that he has absconded from his usual place of abode in said County so
(continued)
61
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION May 6th, 1862.
p 247 (cont.)
that the ordinary process of Law cannot be served upon him. It is thereupon by the undersigned Clerk of said Court In Vacation that publication be made notifying the 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 appears at the next term of the Court which will be on the first Monday in August, next, and on or before the third day thereof if the term shall be so long continue and if not then before the end of the term judgment will be rendered against him and his property sold to satisfy the same. This order to be published in the Springfield Missourian.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
p 248.
William R. Robertson Plaintiff
against Civil Action
R.G. Abernathy & D.F. Abernathy Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants and payable to Plaintiff for $1138.50 with interest at the rate of 10% per annum from the 25th day of December 1861. The amount claimed by Plaintiff after allowing all just credits and set offs is $258.50 exclusive of the interest. Also his affidavit stating that the Defendants have absconded and absented themselves from their places of abode in said County 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 notifying the 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 the Court which will be on the first Monday in August, next, and on or before the third day thereof if the term shall be so long continue and if not then before the end of the term judgment will be rendered against him and his property sold to satisfy the same. This order to be published in the Springfield Missourian.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
p 248.
Joseph R. Brown Plaintiff
against Civil Action
John Lair & John Kimbrough Defendants
Come the Plaintiff before the Clerk and files his petition founded on a promissory noteagainst Defendants payable to Plaintiff for $572 with interest at the rate of 10% from January first 1861. And also his affidavit stating that the defendants have absented themselves from their usual place of abode in this State so that the ordinary process of law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court In Vacation that publication may be made notifying the Defendants that an action has been commenced against them by petition and attachment in said Court as above recited and that their property is about to be attached and unless they appear at the next term of the Court which will be on the first Monday in August, next, and on or before the third day thereof if the term shall be so long continue and if not then before the end of the term judgment will be rendered against them and their property sold to satisfy the same. This order to be published in the Springfield Missourian.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
Note: page 249/250 torn out - missing.
62
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 251.
Henry B. Elliott Plaintiff
against Civil Action
James Norfleet Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant payable to Plaintiff for $70.50 with interest at the rate of 10% per annum from June 29, 1861, the date of said note. Also his affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this state so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court In Vacation that publication may be made notifying the Defendant that an action has been commenced against him by petition and attachment in said Court as above recited and that their property is about to be attached and unless he appear at the next term of the Court which will be on the first Monday in August, next, and on or before the third day thereof if the term shall be so long continue and if not then before the end of the term judgment will be rendered against him and his property sold to satisfy the same. This order to be published in the Springfield Missourian.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
p 252.
Charles L. Stark Plaintiff
against Civil Action
A.P. Holcomb & Samuel Thompson Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a lost note against Defendants payable to Plaintiff two years after note for $240 with interest at the rate of 10% per annum from the 15th of October 1859 the date of said note. Also his affidavit stating the Defendants have absconded 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 may be made notifying the Defendants that an action had been commenced against them by petition and attachment in said Court as above recited and that their property is about to be attached and unless they appear at the next term of the Court which will be on the first Monday in August, next, and on or before the third day thereof if the term shall be so long continue and if not then before the end of the term judgment will be rendered against them and their property sold to satisfy the same. This order to be published in the Springfield Missourian.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
p 253.
Nancy Allen Plaintiff
against Civil Action
William L. Hancock & John W. Hancock Defendants
Comes the Plaintiff and files her petition with the Clerk founded on a promissory note wherein she claims a judgment for $1000 and interest and also an affidavit by agent stating that the Defendants are not residents of this State. The Defendants are hereby notified that suit has been commenced against them as above recited and they are hereby required to appear on or before the sixth day of the next term of said Court which will commence on the first Monday of August 1862 and answer to the petition or the same will be taken as confessed.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
63
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
P 253.
Wayman Crow
__hocion R. McCreery
William A. Hargadine
George D. Appleton
Hugh McKittrick Plaintiffs
against Civil Action
Nathan Robinson Defendant
Comes the Plaintiffs by their attorney and files their petition with the Clerk founded on a promissory note against Defendant payable to Plaintiffs for $600 dated March 4th 1861, with interest at rate of 10% from date also their affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court In Vacation that publication be made 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 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.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian.
p 254.
Lewis S. Lemay and Company, composed
of Lewis S. Lemay and A.D. Brown Plaintiffs
against Civil Action
Branham H. Woodson, James Norfleet
and William S. Henslee Defendants
Comes the Plaintiffs and file their petition with the Clerk founded upon a penal bond wherein the sum claimed is $1500. Also their affidavit stating that the Defendants have absconded 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 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, 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. This order to be published in the Springfield Journal.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
p 254.
Reuben A.M. Rose Plaintiff
against Civil Action
W.T. Carter Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant payable to Plaintiff dated January 1st 1861 for $640 payable twelve months after date with interest at the rate of 10% per annum from due until paid.
continued)
64
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 254 (cont)
also his affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made 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 be appears at the next term of the 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.
Martin J. Hubble Clerk
by F.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 255.
Alexander Evans Plaintiff
against Civil Action
William T. Murray Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against the Defendant payable to the Plaintiff for $2050 with interest at the rate of 10% from the 17th of January 1861, the sum claimed by Plaintiff after allowing all just credits and set offs $1938 exclusive of interest. Also his affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made 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, 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.
Martin J. Hubble Clerk
by F.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 255/256.
Joseph Evans Plaintiff
against Civil Action
William T. Murray Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant payable to Plaintiff for $570 dated August first 1860 and due the first day of January following bearing interest at the rate of 10% from maturity the amount claimed by the Plaintiff after allowing all just credits and set offs is $470 exclusive of interest. Also his affidavit stating that the Defendant absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made 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, next, and on or before the third 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.
Martin J. Hubble Clerk
by F.M. Hendrick D.C.
This order to be published in the Springfield Missourian
65
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 256.
William D. Miller Plaintiff
against Civil Action
Joseph L. Thompson, Henry Adams,
Franklin A. Thompson and
Samuel H. Thompson Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant payable to one J.H. Tackins for $240 bearing interest at the rate of 10 % from the 8th day of April 1861, the date of said note. William D. Miller, the Plaintiff, having since become the legal owner of said note. Also, his affidavit stating that the Defendants have concealed themselves so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said ourt, In Vacation, that the publication be made 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 that they appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof if the time shall be 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.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 256/257
Lewis A.D. Crenshaw Plaintiff
against Civil Action
Peyton Nowlin, John Dixon and other
persons unknown to Plaintiff, partners in trade
doing business under firm name of Peyton Nowlin, John Dixon And Company Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against the Defendants and payable to Plaintiff for $95 with interest at the rate of 10% from the 25th day of October 1860, the date of said note. Also his affidavit stating that the Defendants have absconded or 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 the publication be made 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 that they appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof if the time shall be 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.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 257.
Lewis A.D. Crenshaw Plaintiff
against Civil Action
Peyton Nowlin Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note dated January 15th, 1861, for $375 payable 11 months and 15 days after date with interest from maturity at the rate of 10% per annum. Also his affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that the publication be made
(continued)
66
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
P 257 (cont)
notifying the Defendant that an action has been commenced against him by petition and attachment in said Court as above recited. That their property is about to be attached and unless that they appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof if the time shall be 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.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 258.
Samuel S. Vinton Plaintiff
against Civil Action
John Lair Defendant
Comes the Plaintiff and files his petition with the Clerk founded on two notes, one dated January first 1859 for $60.81 due one day after date the other dated January second 1860 made payable to Vinton and Hornbeak for $75.80 due one day after date and by Vinton and Hornbeak assigned in blank and delivered to Plaintiff, also a book account for $368.31 and claims judgment against Defendant for $504.92 and also files his affidavit stating that the Defendant has absented himself from his usual place of abode in this State and 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 the publication be made 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 that he appear at the next term of the Court which will be held on the first Monday in August, next, on or about the third day thereof if the time shall be 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.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 258/259.
Christinia Hoffman Plaintiff
against Civil Action
J.W. Rainey, Jacob Garton &
W.D. Sparkman Defendants
Comes the Plaintiff and files her Petition with the Clerk founded on a promissory note against Defendants dated January 17th 1861 payable one day after date to the Plaintiff $226.26 with interest at the rate of 10% per annum from maturity the amount for which Plaintiff claims judgment after allowing all just credits and set offs is $162.80 with interest as above stated. Also an affidavit by agent stating that the Defendant, J.W. Rainey, has absented himself from his usual place of abode in the State so 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 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 that they appear at the next term of the Court which will be held on the first Monday in August, next, on or before the third day thereof if the time shall be 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.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
67
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
P 259.
Charles Wadlow Plaintiff
against Civil Action
Joseph L. Thompson, Harvey Adams,
F.A. Thompson and S.H. Thompson Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated June 16th, 1860, payable on or before the 25th day of December thereafter to one Gideon Combs for $900 with interest at the rate of 10% from maturity Plaintiff having on the 12th day of November 1861 become the legal owner of said note by assignment. Also his affidavit stating that the Defendants have absconded or absented themselves from their usual place of abode in this State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of the said Court, In Vacation, that publication be made notifying the Defendants that 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, next, on or about the 3rd day thereof the time shall be 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.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 260.
John Plummer Plaintiff
against Civil Action
David T. Gallaher Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against the Defendant and payable to Plaintiff nine months after date for $125 with interest at the rate of 10% per annum from the date thereof. Also his affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that an action has been commenced against him by petition and attachment in said Court as above recited, and his property is about to be attached and unless he appear at the next term of the Court which will be held on the first Monday in August, next, on or about the 3rd day thereof the time shall be 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.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 260/261
James Roston Plaintiff
against Civil Action
James Beler Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant payable to the Plaintiff for $133.35 with interest at the rate of 10% per annum from the 16th of January 1861, the date of said note. Also his affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that an action has been commenced against him by petition and attachment in said Court as above recited, and his property is about to be
(continued)
68
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
P 260/261 (continued)
attached and unless he appear at the next term of the Court which will be held on the first Monday in August, next, on or about the 3rd day thereof the time shall be 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.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 261.
Joseph Evans Plaintiff
against Civil Action
William L. Murray Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendant payable to Plaintiff for $570 dated August first 1860 and due the first day of January following, bearing interest at the rate of 107. from maturity the amount claimed by the Plaintiff after allowing all just credits and set offs is $470, exclusive of interest. Also his affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that an action has been commenced against him by petition and attachment in said Court as above recited, and his property is about to be attached and unless he appear at the next term of the Court which will be held on the first Monday in August, next, on or about the third day thereof the time shall be 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.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
p 262.
Nathan P Murphy Plaintiff
against Attachment
John T. Smith Defendant
Now at this day comes the Plaintiff by attorney and files his petition, the object and nature of which is to obtain judgment by attachment against Defendant for $37.75 on an account filed for medicine and services as a physician and it appearing to the satisfaction of the Clerk of said Court, In Vacation, that Defendant is absent from the State of Missouri and that the ordinary process of law cannot be served upon him. It is therefore ordered that publication be made in the Springfield Journal for four successive weeks the last insertion to be at least four weeks before the next term of this Court notifying said Defendant to be and appear at the Court House or place of holding Court in the City of Springfield, Greene County, Missouri, on the first day of the next term of this Court which commences on the first Monday in August 1862 and plead, answer or demur to the Plaintiff's petition or the same will be taken as true and Judgment rendered against him and his property which has been attached, sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
Sidney Wilson Plaintiff
against Civil Action
John Turner Defendant
Comes the Plaintiff by attorney and files his petition with the Clerk founded on two promissory notes against Defendant and for $200 dated the 20th day of January 1861,
continued)
69
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 262 (cont)
and payable to Plaintiff on or before the first day of September, next, thereafter with interest at the rate of 10% per annum from due until paid. The other for $305 dated 20th January 1861 payable to Plaintiff on or before the 25th day of December following with interest at the rate of 10 % per annum from due until paid. Also an affidavit stating that the Defendant is a nonresident of the State of Missouri. The Defendant is therefore hereby notified that a suit has been commenced against him as above recited and he is hereby required to appear on or before the 6th day of the next term of said Court which will be on the first Monday in August, next, and answer to the petition or the same will be taken as confessed.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Journal
p 263.
Charles Wadlow Plaintiff
against Civil Action
James Beler & Jacob Neff Defendants
Comes the Plaintiff and files his petition with the Clerk founded on 2 promissory notes against Defendants payable to Plaintiff, one for $170.30 with interest at the rate of 10% per annum from February 2nd 1860, the date of said note. The other for $92.43 with interest at the rate of 10% per annum from February 3rd 1860, the date of said note. The amount for which Plaintiff claimed judgment after allowing all just credits and set offs is $257.75 and interest thereon as above stated. Also his affidavit stating that James Beler, one of the Defendants, has absconded or absented himself from his usual place of abode in this state so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that an action has been taken against them by petition and attachment in said Court as above recited, and 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, next, on or about the third day thereof the time shall be 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.
Martin J. Hubble Clerk
by E.M. Hendrick
This order to be published in Springfield Journal
p 263/264.
Faulkner and Graves, a firm composed
of Robert P. Faulkner and
Warren H. Graves Plaintiffs
against Civil Action
J.W. Rainey Defendant
Comes the Plaintiffs by their attorney and files their petition with the Clerk founded on a promissory note against Defendant payable to Plaintiffs for $246.85 with interest at the rate of 10% per annum from April 20th 1861 the date of said note. Also an affidavit by agent stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that an action has been taken against him by petition and attachment in said Court as above recited, and his property is about to be attached and unless he appear at the next term of the Court which will be held on the first Monday in August, next, on or about the third day thereof the time 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.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
70
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 264.
John L. Holland Plaintiff
against Civil Action
J.F. Scott, J.M. Marbut
& J.M. Barker Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated December 27th 1860 payable two months after date to Plaintiff for $350 with interest at 10% from date till paid, also his affidavit stating that the Defendant, J.M. Barker, has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendants that an action has been taken against them by petition and attachment in said Court as above recited, and their property is about to be attached unless they appear at the next term of the Court which will be held on the first Monday in August, next on or about the third day thereof the time 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.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in Springfield Journal
p 265.
John McElhannon Plaintiff
against Civil Action
Samuel R. Trusdell Defendant
Comes the Plaintiff by attorneys and files his petition with the Clerk founded on a Promissory note against Defendant dated November 19th 1859 payable to Plaintiff 60 days after date for $125, the amount claimed by Plaintiff after allowing all just credits and set offs is $95. Also an affidavit by agent stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process cannot be served upon him. It is ordered therefore by the under signed Clerk of said Court, In Vacation, that publication be made notifying the Defendant that an action has been taken against him by petition and attachment in said Court as above recited, and his property is about to be attached and unless he appear at the next term of the Court which will be held on the first Monday in August, next, on or about the third day thereof the time 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.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in Springfield Journal
p 265/266
J.M. Redfearn, Admin of the
estate of Andrew Leeper, dec'd. Plaintiff
against Civil Action
T.D. Murray, M.C. Murray,
J.A. Murray & James K. Murray Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against, payable on demand to J..M. Redfearn as administrator of the estate of Andrew Leeper, dec'd, the sum of $120.50 with interest at the rate of 10% per annum from 15th April, date of note. Also his affidavit stating that the Defendants T.D. Murray, M.C. Murray and James K. Murray are absent from their usual place of abode in this State so that the ordinary process of Law cannot be served upon them. The said Defendants are
(continued)
71
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
P 265/266 (continued)
therefore hereby notified that suit has been commenced against them as above recited and they are hereby required to appear on or before the 6th day of the next term of said Court which will be on the first Monday in August, next, and answer to the petition or same will be taken as confessed.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
The above ordered to be published in Springfield Journal
p 266.
William McAdams, guardian for heirs
of Joseph Powell, Dec'd Plaintiff
against Civil Action
M.L. Abernathy, J.E. Abernathy
& Robert G. Abernathy Defendants
Comes the Plaintiff by attorney and files his petition with the Clerk founded on a Promissory note against Defendants payable to Plaintiff as guardian of heirs of Joseph Powell, Deceased, for $250 with 10% interest from the 25th December 1859. The amount for which Plaintiff claims judgment after allowing all just credits and set offs is $81.60 and interest. Also his affidavit by agent stating that the Defendant Robert G. Abernathy has absconded or absented himself from his usual place of abode in this State so that the ordinary process of law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendants that an action has been taken against them by petition and attachment in said Court as above recited, and 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, next, on or about the third day thereof the time 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.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in Springfield Journal.
p 267.
Jehu Robinson Plaintiff
against Civil Action
George Thomas Defendant
Comes the Plaintiff by his attorney and files his petition with the Clerk founded on a promissory note against the Defendant dated September 20th 1860 payable one day after date to the order of Plaintiff for $138.47 with interest from maturity at the rate of 10% per annum and also the enforcement of Mechanic's lien on certain real estate and also an affidavit by agent stating that the Defendant is a nonresident of this State. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made notifying the Defendant that an action has been taken against him by petition and attachment in said Court as above recited, and 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, next, or on about the third day thereof the time 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.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in Springfield Journal.
72
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION p 268.
Archibald S. Adams Plaintiff
against Civil Action
Robert G. Abernathy, Martin V. Abernathy,
Daniel F. Abernathy Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated October 1st 1859 payable to Plaintiff for $541.10 with interest at 10% from date. Also his affidavit stating that the Defendants have absconded or absented themselves from their usual place of abode in this State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of the said Court, In Vacation, that publication be made notifying the Defendants that an action has been taken against them by petition and attachment in said Court as above recited, and their property is about to be attached and unless they appear at the nCxt term of the Court which will be held on the first Monday in August, next, on or about the third day thereof the time 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.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in Springfield Journal.
p 269.
Thomas C. Rainey Plaintiff
against Civil Action
Joseph M. Carthal Defendant
Comes the Plaintiff by attorney and files his petition with the Clerk founded on a promissory note against Defendant dated January 2nd 1860 payable one day after date to order of Sheppard and Kimbrough for $94.25 with interest from maturity at 10% per annum said Sheppard and Kimbrough having since assigned said note to Plaintiff by endorsement thereon. Also, his affidavit stating that the Defendant has absconded or absented him self 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 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, 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
by E.M. Hendrick D.C.
This order to be published in the Springfield Journal
p 268/269.
John Richmond Plaintiff
against Civil Action
William H. Blakey, Samuel Fulbright,
Thomas R. Bridges & James P. Gray Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated 30th day of January 1860 payable to the order of Plaintiff one day after date for $850 bearing 10% interest per annum until paid. Also, his affidavit stating that the Defendants William H. Blakey, Samuel Fulbright and Thomas R. Bridges 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 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 be attached and unless
(continued)
73
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
P 268/269 continued
they appear at the next term of the 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
by E.M. Hendrick D.C.
This order to be published in the Springfield Journal
p 269.
Warren G. Graves as administrator of
James Burns, deceased Plaintiff
against Civil Action
Thomas J. Weaver Defendant
Comes the Plaintiff by attorney and files his petition with the Clerk founded on an account for the hire of a Negro man named Isaac from the 26th of February to the 8th of October 1861, 6 months and 12 days at $12 per month. The amount for which Plaintiff claims judgment is $76.80. Also, an affidavit by agent stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made 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, 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
by E.M. Hendrick D.C.
This order to be published in the Springfield Journal
p 270.
Thomas C. Rainey Plaintiff
against Civil Action
Robert G. Abernathy Defendant
Comes the Plaintiff by attorney and files his petition with Clerk founded on a promissory note against Defendant dated January first 1860 payable one day after date to the order of Sheppard & Kimbrough for $112.70 with interest from maturity at the rate of 10% per annum. The said Sheppard and Kimbrough having since assigned by endorsement said note to Plaintiff. Also, his affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of the said Court, In Vacation, that publication be made 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, 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. Rubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Journal.
74
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
P 270.
Washington Merritt Plaintiff
against Civil Action
John Lain & Gabriel P. Shackleford Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated February 8th 1859 payable to Plaintiff for $550 one day after date with interest at rate of 10% until paid. The amount for which Plaintiff claims judgment after allowing all just credits and set offs is $392.50. Also, his affidavit stating that the Defendants have absconded or 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 the said Court, In Vacation, that publication be made notifying the Defendants that an action has been taken against them by petition and attachment in said Court as above recited, and 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, next, on or before the third day thereof the time 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.
Martin J. Rubble Clerk
. by E.M. Hendrick D.C.
This order to be published in Springfield Journal
p 271.
Washington Merrit Plaintiff
against Civil Action
Thomas R. Bridges & W.H. Blakey Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated January 25th 1861, payable to Plaintiff for $530 with 10% interest per annum from date. Also, his affidavit stating that the Defendants have absconded 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 notifying the Defendants that an action has been taken against them by petition and attachment in said Court as above recited, and 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, next, on or before the third day thereof the time 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.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in Springfield Journal
p 271/272.
Cornelius Haywood, Charles Bent Carr &
James J. Carthedge partners in trade doing
business under firm name of Haywood
Carr and Co. Plaintiffs
against Civil Action
John A. Miller & James S. Jones, partners
in trade doing business under firm name
of John A. Miller and Company Defendants
Comes the Plaintiffs by their attorney and files their petition with the Clerk founded on a promissory note against Defendants, payable to Plaintiffs for $625 dated March 10th 1860 with interest at the rate of 10% per annum from maturity or 6 months after date thereof. The amount for which Plaintiffs claim judgment after allowing all just credits and set offs is $425. Also, their affidavit stating that the Defendants are
(continued)
75
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 271/272 (cont)
not residents of the State of Missouri that they have absconded or 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 notifying the Defendants that an action has been commenced against them by petition and attachment in said Court is above recited, and 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, next, on or before the third day thereof the time 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.
Martin J. Hubble Clerk
by E..M. Hendrick D.C.
This order to be published in Springfield Missourian
p 272.
Jarred E. Smith Plaintiff
against Civil Action
Samuel M. Orbison Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a demand for work and labor and materials as a mechanic and artisan wherein he claims a judgment for $735 with interest from the 21st day of January 1861 and the enforcement of a mechanics lien on certain real estate. Also his affidavit stating that the Defendant is a nonresident of this State. The Defendant is therefore hereby notified that suit has been commenced against him as above recited and he is hereby required to appear on et before the 6th day of next term of said Court, which will be on the first Monday in August, next, and answer to the petition or the same will be taken as confessed.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in Springfield Missourian
p 272/273.
James W. Dryden Plaintiff
against Civil Action
John Lair Defendant
Comes the Plaintiff and files his petition with the Clerk founded on 2 promissory notes against Defendant, one payable to the Plaintiff for $100 with interest at the rate of 10% per annum from May 6th 1861, the date of said note and the other payable to one D.A. Dryden on order for $115.93 with 10% interest from January first 1861, the date of said note, said note having since become the legal property of the Plaintiff by assignment. Also, his affidavit stating that the Defendant is not a resident of the State. That he has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, In Vacation, that publication be made 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, 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 himand his property sold to satisfy the same.
Martin J. Hubble Clerk
by E.M. Hendrick D.C.
This order to be published in the Springfield Missourian
76
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