Greene County Archives Bulletin #18
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.


March Term 1840
April dates

Officers of the Court:
Foster P. Wright, JudgeLittleberry 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



P=plaintiff; D=defendant



Littlebury Hendrick (P) vs Heirs of Bird Miller, deceased (D)

Bill in chancery on demurrer to the bill taken under advisement at the last term of this court


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.



C. D. Terrell (P) vs Walter L. Brown (D)

Petition in debt


Disposition: Defendant ordered to give security for costs.



State of Missouri (P) vs Thomas Allen (D)

Indictment for obstructing road


Disposition: Circuit attorney drops prosecution; court discontinues indictment and defendant released.



William P. Smith (P) vs John T. Shanks (D)

Assumpsit


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



Joel H. Haden (P) vs Constantine Perkins (D)

Petition in debt


Disposition: Defendant admits owing $348.33 to plaintiff. Court awards amount of debt plus costs to plaintiff.



Constantine Perkins, impleaded with Miles Carey vs Peter E. Blow

Petition in debt


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



Tyson Mason (P) vs J. W. Danforth (D)

Petition in debt


Disposition: Defendant filed his plea.



David Humphreys (P) vs Jonathan Harper (D)

Trespass, Assault and Battery


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



Peter E. Blow vs Constantine Perkins impleaded with Miles Carey

Petition in debt


Disposition: Plaintiff files demurrer to defendant's second plea



State of Missouri (P) vs B. H. Brown (D)

Indictment for Selling goods at auction without license


Disposition: Circuit attorney moves for alias writ issued in above cause; order given.



Jno. P. Campbell (P) vs D. G. Harris (D)

Attachment


Disposition: W. C. Langston summoned as garnishee and filed answer.



Jno. P. Campbell (P) vs D. G. Harris (D)

Attachment


Disposition: Edward C. Moore summoned as garnishee and filed answer.



Green Austin (P) vs James C. Langston (D)

Trespass


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.



Abraham Barnes (P) vs William Dye (D)

Petition in debt


Disposition: Both attorneys present. Written record offered; $429.65 awarded to plaintiff for debt and damages, also costs awarded.



Smith Brothers (P) vs Jno. P. Campbell & Jno. D. Shannon (D)

Petition in debt


Disposition: Attorneys present. Case against Shannon dropped by plaintiff. Campbell admits he owes $312.95. Plaintiff awarded debt plus costs.



Robert W. Sims (P) vs N. Holt & A. Holt(D)

Appeal from Justice of Peace


Disposition: Appellee moves to dismiss. Court agrees and reverses judgment of JP. Appellee awarded costs from Robert W. Sims



William Dye (P) vs Henry Collier, admin of Samuel Dixon, deceased (D)

Appeal from county court


Disposition: Both attorneys present. No error in proceedings found; case remanded to county court.



William P. Smith (P) vs John T. Shanks (D)

Assumpsit


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.



Robert W. Casebolt (P) vs John McHaffie (D)

Slander


Disposition: Plaintiff's attorney files against defendant for slander.



Peter E. Blow (P) vs Carey & Perkins (D)

Petition in debt


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.



W. L. Brown (P) vs C. D. Terrell (D)

Petition in debt


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



J. Boone, impleaded with B. H. Boone (P) vs Josiah Burney (D)

Trespass, assault and battery


Disposition: Defendant filed plea of general issue and leave to plea specially in vacation.



Joseph Vaulx (P) vs Benjamin W. Cannifax, executor of Isham Sims, deceased (D)

Debt


Disposition: Plaintiff's attorney discontinues prosecution. Defendant to recover his costs from plaintiff.



Joseph Vaulx (P) vs John P. Campbell, executor of Isham Sims, deceased (D)

Debt


Disposition: Defendant's attorney asked that plaintiff give security for costs; court agrees and sets 15 days as time limit.



Constantine Perkins (P) vs Miles Carey (D)

Bill in chancery


Disposition: Plaintiff moves to amend bill and answer at next term of court. Granted.



Joseph Vaulx vs John P. Campbell, executor

Debt


Disposition: Plea filed.



Robert Sims (P) vs John McDaniel (D)

Motion to retax costs


Disposition: Plaintiff's attorney filed motion to retax costs.



State of Missouri (P) vs Madison Turner (D)

Indictment for perjury


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



State of Missouri (P) vs Madison Turner (D)

Indictment for perjury


Disposition: Hung jury. Jury discharged.

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uploaded 26 april 1999 by megan zurawicz