Abstract of Circuit Court Records
of Greene County, Missouri
1840-1845
from the Greene County Archives and Records Center, Springfield, Missouri
with the kind permission of Robert Neumann, Archives Supervisor.
Transcribed from the original for the GCArchives by Daniel S. Kelley Transcribed and simplified from print for the Greene County USGW website by Megan Zurawicz, 1999.
The Greene County Archives books, as written, are an excellent reference, but extremely verbose in old fashioned phrasing and legalese, and not well suited to webpages. I have extracted the core information here in more modern terms, and suggest you consult the originals for exact phrasing if you so desire.
* signifies a suspected error in the original.
April dates
| Officers of the Court: | ||
| Foster P. Wright, Judge | Littleberry Hendrick, Circuit Atty | Thomas Horn, Sheriff |
| Grand Jury Impanelled: | ||
| William Townsend, foreman | ||
| Jackson Langston | Benjamin Johnston | Allen Roberson |
| Charles Hatler | Thomas Hayten | William Guthry |
| Littleberry Webb | Jesse Lewis | Joseph Cannefax |
| Henry T. Duty | Alphaeus Huff | John Holcomb |
| Matthew Sims | Thomas Coughfield | Thomas Lake |
| William W. Mann | William Gideon | Thomas Hoggs |
Disposition: Both attorneys present. Court states that Register and Receiver had jurisdiction and their action is ministerial. Court believes that a Court of Equity may review the case. Acts of fraud and collusion must be set forth. Evidence which was produced by complainant should have been set forth in bill; that which was done in 1833 is not sufficient as clear proof of material error and preemption right in complainant. Court opines that bill is insufficient and complainant may amend. If not amended, will be dismissed without prejudice and complainant will bear costs. Complainant will amend by next term; case is continued.
Disposition: Defendant ordered to give security for costs.
Disposition: Circuit attorney drops prosecution; court discontinues indictment and defendant released.
Disposition: Both parties' attorneys present. $14.24 damages and costs awarded to plaintiff.
Jury:Preston Hampton, George Tooly, David Roper, William Murrel, John R. Gwyn, Reece P. Frizell, David Ross, William Warren, John Roberson, Benjamin B. Snyder, Robert W. Simms, Thomas Wilson
Verdict:Guilty
Disposition: Defendant admits owing $348.33 to plaintiff. Court awards amount of debt plus costs to plaintiff.
Disposition: Defendant files plea in cause. Continued until next session. Following attachments filed:
John W. Ball vs Alanson Botton;
Levi Click vs Alanson Botton;
R. J. McElhaney vs Alanson Botton
The Grand Jury returned the following bills of indictment: State of Missouri vs Madison Turner for Obstructing Road
State of Missouri vs Thomas Ellison for Obstructing Road
Disposition: Defendant filed his plea.
Disposition: Both attorneys present. Judgment of $8 damages plus costs to plaintiff.
Jury: A. W. Maupin, Peter Apperson, David Rolston, Christopher McElhannon, L. B. Jewett, David Wallace, William Mitchell, Benjamin Chapman, John W. Dagon, John C. Farmer, Joseph Powel, Randolph Moore.
Verdict: Guilty.
Following causes filed:
Hadend* Shirley vs Alanson Botton for Attachment
Benjamin W. Cannefax vs B. Chapman & C. Wills for Trespass
Disposition: Plaintiff files demurrer to defendant's second plea
Disposition: Circuit attorney moves for alias writ issued in above cause; order given.
Disposition: W. C. Langston summoned as garnishee and filed answer.
Disposition: Edward C. Moore summoned as garnishee and filed answer.
Disposition: Both attorneys present. Damages of $6.33 and costs awarded to plaintiff.
Jury: Jacob Panter, John W. Sims, George W. Sims, David Steel, Samuel Henson, L. B. Jewett, John C. Farmer, James M. Graham, Levi Baker, Benjamin Alsop, John Briscoe, Henry Martin
Verdict: Guilty.
On motion of John S. Waddle, esq, George Dixon, esq permitted to sign roll of practicing attorneys for this court.
Cornelius D. Terrell tenders resignation as clerk of this court; accepted. Joshua Davis appointed clerk to fill out term until next election, sworn in and bonded.
Disposition: Both attorneys present. Written record offered; $429.65 awarded to plaintiff for debt and damages, also costs awarded.
Disposition: Attorneys present. Case against Shannon dropped by plaintiff. Campbell admits he owes $312.95. Plaintiff awarded debt plus costs.
Disposition: Appellee moves to dismiss. Court agrees and reverses judgment of JP. Appellee awarded costs from Robert W. Sims
Disposition: Both attorneys present. No error in proceedings found; case remanded to county court.
Disposition: Previous judgment of this case as it regards to costs is adjudged erroneous, and changed to read that each party will pay his own costs.
Disposition: Plaintiff's attorney files against defendant for slander.
Disposition: Defendants Miles Carey and Constantine Perkins, partners doing business as Carey & Perkins, judged to be indebted to plaintiff for $821.95 of debt and $106.95 of damages. Miles Carey signed the note as Casey Wilkins. Debt, damages and costs awarded to plaintiff.
Election ordered for Clerk of court due to resignation of C. D. Terrell, to be held at next General Election. Sheriff to give notice of this according to law.
Disposition: Default judgment due to absence of defendant or representative. Written record of debt shown at $246.40. Plaintiff awarded debt, damages, and costs.
Capias issued in following cases:
State vs Madison Turner for Indictment for Perjury
State vs John P. Campbell for Indictment for obstructing road
State vs Thomas Ellison for Indictment for obstructing road
Disposition: Defendant filed plea of general issue and leave to plea specially in vacation.
Disposition: Plaintiff's attorney discontinues prosecution. Defendant to recover his costs from plaintiff.
Disposition: Defendant's attorney asked that plaintiff give security for costs; court agrees and sets 15 days as time limit.
Disposition: Plaintiff moves to amend bill and answer at next term of court. Granted.
Disposition: Plea filed.
Disposition: Plaintiff's attorney filed motion to retax costs.
Disposition: Continued to next day.
Jury: Joseph D. Haden, Samuel Rerilsback*, Sexton B. Jewett, Samuel Hanson, Randolph Moore, Thomas Gilbraith, David O. George, John Robinson, Joshua Jones, Stephen D. Haley, James Harper, Ragland M. Langston
Plea:Not Guilty
Disposition: Hung jury. Jury discharged.
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