Greene County Records

Abstract of Circuit Court Record Books
January - August 1863

Greene County Archives' Bulletin Number 25 April 1993
[pp. 91-105]


GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

In Vacation
January Term 1863
Book E

p 684 (continued)
promissory note (in the nature of a Bill of Exchange) against Defendants dated July 4th 1861, payable four months after date at the branch of the Bank of the State of Missouri at Springfield for the sum of $180 for which sum (after allowing all just credits and setoffs) and legal interest thereon from four months after the 4th day of July 1861 and also for $7.20 damage for nonpayment the Plaintiff claims judgment. also, his affidavit stating that the Defendant, William G. Evans, 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 considered 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 successive weeks, the last insertion to be at least 4 weeks before the first day of the next term of this Court notifying said Defendant, William G. Evans, that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appears at the next term of the Court which will be held on the first Monday in August 1863 and on or before the end of the term judgment will be rendered against him and his property sold to satisfy the same.

p 685.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Gabriel P. Shackleford,B.H.
Woodson, John Lair 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 at the Bank of the State of Missouri at St. Louis for the sum of $900. Plaintiff after allowing all just credits and setoffs for the sum of $1019.32. Plaintiff also files his affidavit stating that said Defendants have absented themselves from their usual place of abode in this State so that the ordinary process of law cannot be served upon thern. It is therefore considered by the Clerk of said Court, in vacation, that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri for four successive weeks, the last insertion to be at least 4 weeks before the first day of the next term of this Court notifying said Defendants that an action has been comrnenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy the same.

In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
John Lair, Gabriel P. Shackleford Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated April 18th 1861 payable four months after date at the branch of the Bank of the State of Missouri at St. Louis for the sum of $900. Plaintiff, after allowing all just credits and setoffs for the sum of $1019.32. Plaintiff also files his affidavit stating that said Defendants have absented themselves from their usual place of abode in this State so that the ordinary process of law cannot be served upon them. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri for four successive weeks, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendants that an action has
(continued)

91
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book E
JANUARY TERM 1863
IN VACATION
p 685 (cont)
been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy the same.

p 685/686.
In Circuit Court Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
John Lair & Gabriel P. Shackleford Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated May the 9th 1861 payable four months after date at the Bank of the State of Missouri at St. Louis for the sum of $450. The amount for which Plaintiff claims judgment after allowing all just credits and setoffs is $510.75. Plaintiff also files 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 Clerk of said Court, in vacation, that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri for four successive weeks, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the nextterm of the Court which will be held on the first Monday in August 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy the same.

p 686.
In Circuit Court Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
A.D.Brown,B.H. Woodson, John H.
Price and Gabriel P. Shackleford Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated March 21st 1861 payable four months after date to the order of John H. Price at the Bank of the State of Missouri at St. Louis for the sum of $75. The Plaintiff claims judgment after allowing all just credits and setoffs for the sum of $83.25. Plaintiff also files his affidavit stating that said Defendants had absented themselves from their usual places of abode in the State so that the ordinary process of law cannot be served upon them. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri for four successive weeks, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendants that an action has been commenced against them by petition and attach ent in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy the same.

92
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
P 687.
In Circuit Court Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
G.A. Taylor, Charles Carlton,
William L. Hancock Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated June 6th 1861 payable four months after date at the Bank of the State of Missouri at St. Louis for the sum of $1000. The Plaintiff claims judgment after allowing all just credits and setoffs for said sum of $1000 and legal interest thereon from 6th October 1861 and for $40 damage for nonpayment of said Bill of Exchange. Plaintiff also files 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 successive weeks, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy the same.

p 687/688.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Evans Morgan and Co., a firm composed of
William G. Evans, ThomasB. Morgan,
Eber Compton, William H. Henslee,
James S. Jones Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated June 6th 1861 payable four months after date at the Bank of the State of Missouri at St. Louis for the sum of $500. The amount for which the Plaintiff claims judgment after allowing all just credits and setoffs is $550.55. Plaintiff also files his affidavit stating that the Defendants, William G. Evans, ThomasB. Morgan, Eber Compton and James S. Jones have absented themselves from their usual place of abode in this State so the ordinary process of Law cannot be served upon them. 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 successive weeks, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendants that an tction has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy the same.

p 688/689.
In Circuit Court Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
V.W. Kimball, William G. Evans
& William H. Worrell Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants (in the nature of a Bill of Exchange) dated April 20
(cont)

93
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 688/689 (continued)
1861 payable four months after date to the order of W.H. Worrell at the branch of the Bank of the State of Missouri at Springfield for the sum of $240 for which sum after allowing all just credits and setoffs and legal interest thereon from four months after the 20th April 1861 and for $9.60 damage for nonpayment of the same the Plaintiff claims judgment. Plaintiff also files his affidavit stating that the Defendants William G. Evans and V.W. Kimball, 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 successive weeks the last insertion to be at least four weeks before the first day of the next term of this Court, notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy the same.

p 689.
In Circuit Court Greene County, Mo. August Term 1863.
Henry Matlock Plaintiff
against
Solomon C. Vaughan and John S. Bigbee Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated August 6th 1860 payable 12 months after date to Henry Matlock for the sum of $1200 for which sum and six percent interest from maturity plaintiff claims judgment. Also, his affidavit Stating that the Defendant, Solomon C. Vaughan, is not a resident of this State and that he 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 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 (Solomon C. Vaughan) that suit has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appears at the next term of the Court which will be held On the first Monday in August 1863 and on or before the end of the term judgment will be rendered against him and his property sold to satisfy the same.

p 690.
In circuit Court Greene County, Mo. August Term 1863.
Crow McCreery & Co., a firm composed
of Wayman Crow, Phocian R. McCreery,
William A. Hargadin, George D.
Appleton & Hugh McKittrick Plaintiffs
against
John A. Miller & Co., a firm composed of
John A. Miller & Jamee S. Jones Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on four promissory notes against Defendants each dated March 23rd 1861 payable to Plaintiffs at the branch of Bank of the State of Missouri at Springfield, Mo., with interest at the rate of 10% per annum after maturity. One payable 90 days after date for the sum
(cont)

94
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 690 (cont)
of $435.05. One payable from month after date for $439/07. One payable 5 months after date for $417.11 and the other note payable 6 months after date for the sum of $420.45. Plaintiff also files affidavit stating that the Defendant James S. Jones has absented himself from his usual place of abode in this State so that the ordinary process of law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court, notifying the said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy the same.

p 691.
In Circuit Court Greene County, Mo. August Term 1863
Greene County State of Missouri Plaintiff
against
Sheppard Kimbrough & Weaver, a firm
composed of Charles Sheppard, Joseph B
Kimbrough and Edwin L. Weaver.
Charles Sheppard & Joseph B. Kimbrough,
John Lair and John S. Kimbrough Defendants
Now at this day comes the Plaintiff by attorney and files his petition with the Clerk founded on a promissory note against Defendants dated August 15 1857 for the sum of $500 with interest at the rate of 10% per annum from date. On said note are enclosed several credits amounting to $168.75 and also one endorsed on said note since suit was commenced of three hundred dollars paid by C. Sheppard. Plaintiffs claim judgment for the Balance of said note and interest thereon. Plaintiff also files his affidavit stating that the Defendants, Joseph B. Kimbrough and John Lair, 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 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 the said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August 1863 and on or before the end of the term judgment will be rendered against them and their property sold to satisfy the same.

p 692.
In Circuit Court Greene County, Mo. August Term 1863
Sheppard & Kimbrough, a firm composed
of Henry Sheppard & John S. Kimbrough Plaintiffs
against
Benjamin C. Hardin 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 to Plaintiffs one day after date for the sum of $211.18 with interest at the rat e of 10% per annum from date
(continued)

95
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 692 (continued)
and unless paid annually interest to become principal and thereafter bear same rate of interest as the principal. 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 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 the 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 end of the term judgment will be rendered against him and his property sold to satisfy the same.

p 692/693.
In Circuit Court of Greene County, Mo. August Term 1863.
County of Greene State of Missouri Plaintiff
against
Samuel Fulbright, David L. Fulbright
and Ephriam R. Fulbright Defendants
Now at this day comes the Plaintiff by attorney and files his petition with the Clerk founded on a promissory note against Defendants dated May 1st 1858 payable 12 months after date to the County of Greene for the sum of $110 with interest from date at the rate of 10% per annum until paid. On said note are endorsed several credits for interest paid on the same amounting to $29.33. Plaintiff also files his affidavit stating that the Defendants, Samuel Fulbright and Ephriam R. Fulbright, 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, 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 Suit has been commenced against them by petition in said Court as above recited 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 6th day thereof if the term shall so long continue, if not, then before the end of the term, and plead, answer or demur to Plaintiff's petition the same will be taken as confessed.

p 693/694.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
Martin J. Hubble, James P. Gray,
Thomas R.Bridges and William G. Gray Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated January 27th 1861, payable 4 months after date to the order of W.G. Gray and Thomas R.Bridges at the Bank of the State of Missouri at St. Louis for the sum of $300 for which sum, after allowing all just credits and setoffs with interest thereon from 4 months after 27th Jan 1861, and $12 damage for nonpayment the Plaintiff claims judgment. Plaintiff also files his affidavit stating that the Defendant, Thomas R.Bridges, has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the
(continued)

96
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 693/694 (cont)
Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appears at the next term of the Court which will be held on the first Monday in August 1863 and on or before the third day thereof, if the term shall so long continue, if not, then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.

p 694.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
James Norfleet,Branham H. Woodson
and William S. Norfleet Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated March 14th 1861, payable four months after date to the order of W.S. Norfleet at the Bank of the State of Missouri at St. Louis for the sum of $350, Plaintiff claims judgment, after allowing all just credits and setoffs for said sum of $350 and interest thereon from 14th July 1861, and $14 damage for nonpayment of the same. Also, files his affidavit stating that the Defendants, James Norfleet and Branham h. Woodson, have absent ed 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, 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 695.
In Circuit Court of Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
William S. Norfleet, Jacob Shultz
& James Norfleet Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note (in the nature of a Bill of Exchange) dated October 30th 1861, payable four months after date at the branch of the Bank of the State of Missouri at Spring field to the order of W.S. Norfleet for the sum of $750 for which sum (after allowing all just credits and setoffs) with legal interest thereon from four months after the 30th day of October 1861, and also for $36 damage for nonpayment of the same, the Plaintiff claims judgment. Plaintiff also files his affidavit stating that the Defendants, Jacob Shultz and James Norfleet have absented themselves from their usual place of abode in this State so that the usual process of Law cannot be served upon them. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant that an action has been
(continued)

97
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 695 (cont)
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 696.
In Circuit Court of Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
William S. Norflect, Woodson & Norfleet,
a firm doing business composed of
Branham H. Woodson & James Norfleet &
Jacob P. Shultz 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 J.P. Shultz at the Bank of the State of Missouri at St Louis for the sum of $800. Plaintiff claims Judgment after allowing all just credits and setoffs for said sum of $800 and interest thereon from four months after the 21st day of February 1861 and also for $32 for damages for nonpayment of the same. Also, files his affidavit stating that James Norfleet, Branham H. Woodson and Jacob P. Shultz, 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 Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appears at the next term of the Court which will be held on the first Monday in August 1863 and on or before the third day thereof, if the term shall so long continue, if not, then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.

p 696/697.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
John Turner, William L. Hancock
and George W. Hancock 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 April 24th 1861 payable four months after date to the order of G.W. Hancock 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, with interest thereon, from four months after the 20th day of April 1861 and also for $10 damage for nonpayment of the same the Plaintiff claims judgment. Also, files 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 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
(continued)

98
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 696/697 (cont).
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 697/698.
In Circuit Court of Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
William H. Blakey, Jacob Garton,
James W.Blakey, 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 May 16th 1861 payable four months after date to the order of J.H. Miller at the Bank of the State of Missouri at St. Louis for the sum of $1000 for which sum, after allowing all just credits and setoffs, with legal interest, thereon from four months after 16th May 1861 and for $40 damage for nonpayment of the same, the Plaintiff claims judgment. Also, files his affidavit stating that James W. Blakey, one of the Defendants, has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appears at the next term of 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 698/699.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
James P. Gray, Thomas R. Bridges
& William H. Blakey 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 P. Gray at the branch of the Bank of the State of Missouri at Springfield for the sum of $3101.80 for which sum, after allowing all just credits and setoffs, with interest thereon from four rnonths after the 29th day of August 1861 and also for $224.07 for nonpayment of same, the Plaintiff claims judgment. Plaintiff also files his affidavit stating that the Defendant, Thomas R. Bridges, has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be
(continued)

99
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 698/699 (cont)
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 699.
In Circuit Court of Greene County, Mo. August Term 1863
Joseph J. Weaver & John Wallace Plaintiffs
against
Charles Carlton Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against the Defendant dated the 10th September 1861 payable to Plaintiffs one day after date for the sum of $360 bearing 10% interest from date for which sum and interest due thereon Plaintiffs claim judgment. Also, their 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 Journal, a newspaper printed in the State of Missouri for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited, that his property is about to be attached and unless he appears at the next term of the Court which will be held on the first Monday in August 1863 and on or before the 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 700.
In Circuit Court of Greene County, Mo. August Term 1863
Joseph J. Weaver Plaintiff
against
Charles Carlton Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against the Defendant dated 10th September 1861 payable to Plaintiff one day after date for the sum of $140 with interest at 10% from date for which sum and interest due thereon Plaintiff claims judgment. Also, his affidavit stating that the Defendant has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal,a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited, that his property is about to be attached and unless he appears at the next term of the court which will be held on the first Monday in August 1863 and On or before the third day thereof if the term shall so long continue, if not, then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.

p 700/701.
In Circuit Court of Greene County, Mo. August Term 1863
Joseph J. Weaver & John Wallace
doing business under the name and style
of Weaver and Wallace Plaintiffs
(continued)

100
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 700/701 (cont)
against
Smith W. Jessup & Henry Fulbright Defendants
Now at this day comes the Plaintiffs and file their petition with the Clerk founded on a promissory note against Defendants dated 15th March 1861 payable to Plaintiffs on or before the 20th day of February, next, ensueing for the sum of $100 with 10% interest from date until paid for which sum and the interest due thereon Plaintiff claims judgment. Also, their affidavit stating that the Defendant, Henry Fulbright, has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court, notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited, that his property is about to be attached and unless he appears at the next term of the Court which will be held on the first Monday in August 1863 and on or before the third day thereof if the term shall so long continue, if not, then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.

p 701.
In Circuit Court of Greene County, Mo. Aug Term 1863
Henry Matlock Plaintiff
against
Samuel Fulbright, Benjamin W. Cannefax Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated August 6th 1860 payable to Plaintiff twelve months after date for the sum of $1478 for the use and benefit of the heirs and distributees of Sidney S. Ingram, Deceased, bearing 10% interest from date until paid. Also, his affidavit stating that the Defendants have absconded themselves from their usual place of abode in this State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks succesively 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 sixth 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 702.
In Circuit Court of Greene County, Mo. August Term 1863
Thomas M. McCluer & Co, a firm composed
of Morris M. McCluer, Rufus McCluer
and John NcCluer Plaintiffs
against
F.A. Cole Defendant
Now at this day comes the Plaintiffs and files their petition with the Clerk founded on a promissory note against Defendant dated January 1st 1861 payable to Plaintiff one day after date for the sum of $50 with interest at the rate of 10% from date until paid
(continued)

101
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

January Term 1863
IN VACATION
p 702 (cont)
and on failure to pay said interest annually the same to become principal and therefore bear the same rate of interest as the principal. The amount for which the Plaintiff's claim judgment after allowing all just credits and setoffs is $68. 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 Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for 4 weeks successively, the last insertion to be at least 4 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 702/703.
In Circuit Court of Greene County, Mo. August Term 1863.
WilliamB. Logan & John A. Morton Plaintiffs
against
John Lair Defendant
Now at this day comes the Plaintiffs and files their petition with the Clerk founded on three promissory notes against Defendant. Each note dated November 26th 1861 and payable one day after date to Logan & Morton (a firm composed of WilliamB. Logan and John A. Morton) for the sum of $528.48 each with interest from maturity at the rate of 10% per annum, the amount for which Plaintiffs claim judgment after allowing all just credits and setoffs is $1810.14. Also, their 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 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, John Lair, 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 703/704.
In Circuit Court of Greene County, Mo. August Term 1863.
James R. Danforth Plaintiff
against
Evans Morgan & Co., a firm doingBusiness
composed of William G. Evans, Thomas
B. Morgan and Eber Compton Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a lost note dated about the 15th January 1862 payable one day after date to Plaintiff for the sum of $276 with 10% interest per annum until paid for which sum and interest due thereon 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 Journal,
(continued)

102
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
JANUARY TERM 1863
IN VACATION
p 703/704 (cont)
a newspaper printed in the State of Missouri for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court, notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited, that their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August 1863 and on or before the third day thereof if the term shall so long continue, if not, then before the end of the term judgment will be rendered against them and their property sold to satisfy the same.

In Circuit Court of Greene County, Mo. August Term 1863
Thomas Tiller, admin. pendentiliti of
estate of John Adams, Deceased Plaintiff
against
William C. Price, John H. Price
and Marcus Boyd Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated March 1st payable to plaintiff as administrator aforesaid one day after date for the sum of $2964.57 with 10% interest per annum from date and it appearing from the affidavit of Plaintiff that the Defendants William C. Price and John K. Price are nonresidents 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 Defendants that suit 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 705.
In Circuit Court of Greene County, Mo. August Term 1863.
Bank of State of Missouri Plaintiff
against
J.T. Abernathy, Hugh Boyd & John Boyd 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 1st 1861 payable four months after date to the order of J.T. Abernathy for the sum of $250 for which sum (after allowing all just credits and setoffs) and interest thereon from first December 1861 and also $10 damage for nonpayment of the same the Plaintiff claims judgment. Also, his affidavit stating that the Defendant, J.T. Abernathy, has absented himself from his usual place of abode in this State so that the usual process of law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court, notifying said Defendant that suit 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.

103
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 705/706.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of State of Missouri Plaintiff
against
Benjamin C. Hardin, Thomas. J. Abernathy
& William Spillman, a firm doing
business under style/name of Spillman &
Abernathy & Daniel McCray Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated June 27th 1861 payable four months after date to the order of Daniel McCray at the Bank of Missouri at St. Louis for the sum of $430 for which sum (after allowing all just credits and setoffs) and interest thereon from 27th October 1861 and also for $17.20 damage for nonpayment of the same the Plaintiff claims judgment, also, his affidavit Stating that the Defendants, Benjamin C. Hardin and T.J. Abernathy 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, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited, that their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August 1863 and on or before the third day thereof if the term shall so long continue, if not, then before the end of the term judgment will be rendered against them and their property sold to satisfy the same.

p 707.
In Circuit court of Greene County, Mo. August Term 1863
Henry Matlock Plaintiff
against
Benjamin W. Cannefax &
Lucius A. Rountree Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on two promissory notes against Defendants, dated August 6th 1860 payable to Henry Matlock twelve months after date. One for the sum of $3068 bearing 10% interest from date until paid, for the use and benefit of the heirs and distributees of Sidney S. Ingram, deceased, the other note for the sum of $880 for the use and benefit of the heirs and distributees of the real estate of Larkin Payne, deceased. Also, his affidavit stating that one of the Defendants,Benjamin W. Cannefax, 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 Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited, that his property is about to be attached and unless he appears at the next term of t he Court which will be held on t he 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.

104
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERN 1863
IN VACATION
p 708.
In Circuit Court of Greene County, Mo. August Term 1863
Elisha Headlee, public administrator of
Greene County having in charge the estate
of Robert H. Dickson Plaintiff
against
James S. Jones & Nicholas Fain Jones Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated February 28th 1859, payable one day after date to the order of Robert H. Dickson for the sum of $200 with interest from maturity at the rate of 10% per annum. Also, his affidavit stating that the Defendants have absconded or 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 Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a news paper 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 6th day thereof if the term shall so long continue, if not then before the end of the term and plead, answer or demur to Plaintiffs petition the same will be taken as confessed.

p 708/709.
In Circuit Court of Greene County, Mo. August Term 1863
Fidilio S. Jones Plaintiff
against
John Lair Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Book Account against Defendant wherein the amount for which Plaintiff claims judgment is $85.50. 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 Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant that suit has been commenced against him by petition in said court as above recited 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 6th day thereof if the term shall so long continue, if not, then before the end of the term and plead, answer or demur to Plaintiff's petition, the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the same.

p 709.
In Circuit Court of Greene County, Mo. August Term 1863
McElhaney Jaggard & Co., a firm composed
of Robert J. McElhaney, Clement Jaggard
and Horace Sanders Plaintiffs
against
Meredith N. Carter Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against the Defendant dated January 28th 1861 payable one day after date to Plaintiffs for the sum of $162.45 with interest at the rate of 10% per annum from
(continued)

105

In Vacation Cases Continued

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