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St. Clair County Circuit Court
Microfilm Transcripts
MARCH TERM 1867
Page 251:
March Term 1867
Regular March Term St. Clair Circuit Court AD 1867.
March 25
At a Regular Term of the Saint Clair Circuit Court, began and hold
at the Court House in the City of Osceola, Saint Clair County,
Missouri, on the Sixth Monday after the Second Monday in February
1867, being the 25th day of March. Present
Hon. Burr H. Emerson Cir Judge.
S.S. Burdett Cir Attorney
Chas. Disney Sheriff and
William D. Graham Cir Clerk.
when and where the following proceeding was had and made of Record
towit.
Now at this time comes the Sheriff and Deputy and having been duly
sworn in Regard to their duties as required by law. And the Sheriff
returns here into open Court the Special Venera to him directed,
with a panel of Grand Jurors thereon endorsed as follows towit:
William D. Wyatt, Wesley Disney, Jesse Williams, B.F. Cooke, William
Gash, John Cochran, D.M. Crane, James Miller, W.V. Bridges, John B.
Godfrey, George W. Wyatt, Thomas B. Schoonover, Albert Sheldon, O.N.
Taylor, James Hut, William H. Burchant, J.S. Ross (can’t read)
Ordered by the Court the following named person be recorded (can’t
read) Justice Court. Thomas B. Schoonover, John Boling, John
Fleming, B.F. Cooke, William Gash, John Cochran, C.W. Lacey and that
the Sheriff summons by (can’t read)
Now at this time comes the following Jury to wit: Henry Denney,
foreman, William H. Wyatt, S.W. Crane, David Miller, Wm. V. Bridges,
John B. Todd, George W. Wyatt, Albert Sheldon, James Hauk, William
W. Burchart, William Peery, (can’t read) William Tillery, J.S. Ross,
and Fredick Hoffman and Mathew Saxbury 16 good and lawful men (can’t
read) of Saint Clair County to serve as grand jurors duly (can’t
read)
Ordered that Court adjourn until tomorrow morning 9 Clock.
B.H. Emerson Cir Judge
Page 252:
March Term 1867
Regular March Term Saint Clair Circuit Court 1867
March 26
Tuesday morning March 26, 1867.
Court met pursuant to adjournment
Present as yesterday
James Cole
vs
William Harris
Civil Action
Now at this time comes the said Defendant by his Attorney and files
his motion to set aside the Interlacutory Judgement heretofore
rendered in this cause.
The State of Missouri to the use and benefit of James Cochran
vs
Waldo P. Johnson
Civil Action for Damages
Now at this time comes the said Defendant Waldo P. Johnson by his
Attorney and files his Answer to Plaintiff Petition.
On motion of Wm. J. Shirk, M.H.C. Smidt is permitted to sign the
Roll of Attorneys of this Court.
Merchants Bank
vs
William Kennedy and Jacob Saylor, Lawrence Lewis, S.S. Sterns
Note
Now at this time comes the said Defendants by their Attorneys and
files this motion to set aside the Judgement heretofore rendered in
this cause, and Quash the Execution and to set aside the sale of
lands made by the Sheriff of St. Clair County.
Aaron Trippett and Paris R. Dunn
vs
Daniel Perrin
Civil Action on Note
Now at this time comes the said Defendant by his Attorney and files
his Answer to Plaintiff Petition.
Samuel Tyree
vs
Daniel Perrin
Civil Action
Now at this time comes the Defendant and files his answer to
Plaintiff petition.
Merchants Bank
vs
Lawrence Lewis
Action on Bill of Exchange
Plaintiff files motion to strike out Suit of Defendant’s Answer.
Page 253:
March Term 1867
Regular Saint Clair Circuit Court March AD 1867.
March 26
William A, Mayo and Emma C. Mayo
vs
David P. Shields
Civil Action
Now at t his time comes the said Plaintiff and files their Petition
for a change of venue in this cause.
Jabel Brown
vs
William A. Long
Civil Action
Now at this time comes said Defendant and files his petition for a
change of venue in this cause.
Aaron Trippett and Paris R. Dunn
vs
R.S. Hopkins
Civil Action on Note.
Now at this time comes the said Defendant and files his answer to
Plaintiff Petition.
On motion M. James Masters and W.D. Montgomery are permitted to sign
the Roll of Attorneys of this Court.
The State of Missouri
vs
William B. Looney
Indictment
Now at this time Comes the Circuit Attorney who prosecutes for the
State in this behalf and says he will not further prosecute this
suit against the said Defendant, but voluntarily dismisses the same
as to him.
Samuel H. Martin
vs
James H. Sims
Civil Action
Now at this time comes the said Defendant, and files a plea, in the
nature of a Plea in abatement, also his Answer and petition for
change of venue in this cause.
Lemuel H. Tyree
vs
John F. Weidemeyer, Mary McClain & Wm. McClain Admr of John T.
McClain Dec’d, Zachariah Lilly
Civil Action
Now at this time comes the said Plaintiff and files his amended
action.
John D. Barr
vs
James M. Breckenridge, Preston Gordon
Civil Action
Now at this time comes defendant & files his motion for change of
venue.
Page 254:
March Term 1867
Regular March Term Saint Clair Circuit Court
March 26th 1867.
Albert P. Cole
vs
David T. Short
Civil Action
Now at this day comes the Defendant by his Attorney, and files his
answer.
James Young
vs
Franz Schmidt and William C. Reeder
Civil Action
Now at this day comes the Defendant Franz Schmidt by his Attorney
and files his answer to the Plaintiffs Petition.
John J. McGinter and David R. Rigg
vs
Edward C. Moray, William M. Gatewood and Wm. H. Scobey
Civil Action
Now at this time came Defendants Edward C. Murray and William H.
Scoby and file answers and Motion to request Plaintiff to give
security for costs and Motion for change of Venue.
State of Missouri to the use of Anderson Martin Guardian Intestate
of Thomas P.F.C. Stewart, William T. Stewart and Robert D. Stewart
vs
Samuel W. Smith Admr of Robert G. Crockett, C.H. Yeater, W.P.
Johnson and John W. Weidemeyer
Civil Action
Now at this day comes the Defendant Samuel W. Smith by his Attorney
and files his Separate Answer to Plaintiffs Petition.
Henry Denney, Pub Admr having in charge the Eestate of Jacob W. Roe.
vs
Samuel C. Roe and A.R. Howe
Civil Action
Now at his time comes the Defendant Herbert C. Roe by his Attorney
and files Motion to Dismiss as to her.
Page 255:
March Term 1867
Regular March Term St. Clair Circuit Court
March 26th 1867.
The State of Missouri
vs
Joseph S. Herndon
Indictment
Alias Capias
J.P. Sanders and T.W. Johnston
vs
Henry Denny, Pub Admr in charge of Estate of L.W. Smith
Civil Action – Appeal
Now at this time comes the Plaintiff by their Attorney and files
Motion to Dismiss the Appeal.
State of Missouri
vs
Jacob Fleming
Indictment
Alias Capias – Continued
William B. Johnson
vs
Joseph Rodgers, Albert G. Culbertson, John Culbertson, John Simms,
Jonah Henley, William F. Graham, Albert J. Birnell, William
Satterfield and Isaac C. Culbertson
Civil Action
Now at this the Defendant Herbert Denney Public Administrator having
in charge the Estate for and files his motion to Plaintiffs
Petition.
Samuel W. Martin Admr of Estate of William P. Allen decd
vs
John Simms and James A. Simms
Civil Action
Now at this day comes the Defendant by his Attorney and files his
answer to Plaintiffs petition.
Jabel Brown
vs
Benjamin Snyder
Civil Action
Now at this time comes the Plaintiff by his Attorney and files Reply
to Defendants answer.
Page 256:
March Term 1867
Regular March Term St. Clair Circuit Court
March 26th 1867.
William B. Robinson
vs
James M. Cooley
Civil Action
Now at this time comes the said Defendant and files his answers to
plaintiff Petition.
Franklin Choice
vs
John H. Choice
Civil Action
Now at this time comes the said Plaintiff and files his amended
petition.
Edwin Wright and William Walcott
vs
The Estate of admr of L.A. Willingham
Civil Action
Continued by Consent
Merchants Bank
vs
Alfred Gash and Jesse Fowler and (space) Culbertson
Action on Note
Dismissed at Plaintiffs Cost, withdraw
Merchants Bank
vs
James Cole and William H. Murphey
Action on Notes
Now at this time comes the said Plaintiff by his Attorney, and says
he will not further prosecute this suit, as to the Defendant William
H. Murphey, but that he voluntarily dismisses the same as to him;
And it further appearing to the satisfaction of the Court, from the
Return of the Sheriff of Saint Clair County, that the said Defendant
James Cole, has been duly served with process more than 15 days
before the first day of this term of this Court, and being (can’t
read) this cause now coming on for trial, and the said Plaintiff
requiring no Jury the same is taken up. And Submitted to the Court.
And the said Defendant James Cole being three time solemnly called
comes not but herein makes default
[written in left hand margin: $104.40 % 6]
Page 257:
March Term 1867
Regular March Term Saint Clair Circuit Court, March, 1867.
March 26, 1867.
nor has he or any one for him filed any answer herein, whereby this
Action remains against him wholly undefended; And the Court doth
find from the evidence that said Defendant doth owe, and Stand
Justly indebted to said Plaintiff in the sum of $104. 10/100 Dollars
for her debt and damages. It is therefore ordered adjudged and
Decreed by the Court, that said Plaintiff have and recover of and
from the said Defendant James Cole the said sum of One hundred and
forty Dollars and ten cents, for his Debt and damages, as also her
cost and Charges in this behalf laid out and expended, and that she
have therefor Execution. 6%
Merchants Bank
vs
Wilson Garrett and William B. Sailer
Civil Action
Dismissed at Plaintiff Costs with leave to with draw instrument sued
on.
Merchants Bank
vs
John A. Rickey and Jonathan Culbertson
Civil Action
Continued by Plaintiff
Merchants Bank
vs
Pascal Racer and J.J. Row
Civil Action
Dismissed at Plaintiff cost with leave to withdraw instrument sued
on.
Merchant Bank
vs
Thomas J. Gardner
Civil Action
Now at this time comes the said Plaintiff by her Attorney and
suggests to the Court the death of said Defendant. It is therefore
ordered that a summons issue to the administrator of his Estate.
Merchants Bank
vs
William B. Lawler, Eli G. Lawler and B.F. Lawler
Civil Action on Note
Dismissed at Plaintiffs Cost with leave to withdraw instrument upon
which suit was brought.
Merchants Bank
vs
William F. Willett
Civil Action
Alias Summons awarded and leave granted to file Amended Petition.
Court in case.
Page 258:
March Term 1867
Regular March Term. St. Clair Circuit Court
March 26th 1867.
Merchants Bank
vs
William H. Scoby
Civil Action on Note.
Now at this time comes the said Plaintiff by her Attorney. And it
appearing to the Court here from the Return of the Sheriff of Saint
Clair County, that the said Defenant William H. Scoby has been duly
served with process more than 15 days before the April Term of this
Court 1865. And being solemnly Called Comes not but herein makes
default, nor has he or any one for him filed any answer herein,
whereby this action remains against him wholly undefended. And this
action being founded on two promissory notes for the direct payment
of money wherefore Plaintiff ought to recover. And the Court doth
find from the evidence produced that said Deft William H. Scoby does
owe and Stand Justly indebted to said Plaintiff in the sum of $2080.
for Debt and damages. It is therefore ordered adjudged and decreed
by the Court that the said Plaintiff have and Recover of and from
the said Defendant the said sum of One Thousand and Eighty Dollars
for her debt and damages, as also her cost and charges in this
behalf laid out and expended and that she have Execution therefor.
%6
[written in left hand column: $2080. %6]
The Merchants Bank
vs
J. Rickman administrator of the Estate of Martin D. Turner and Thos.
G. Allen.
Civil Action on Note.
Now at this time comes the said Plaintiff by her Attorney and it
appearing to the
Court here, that said J. Rickman has been duly appointed
administrator of the Estate of Martin D. Turner Deceased and also of
the Estate of M. Gillian decd, by the County Court of Saint Clair
County Missouri, a Court of Competent Jurisdiction; and it further
appearing to the Court hereby the return of the Sheriff of Saint
Clair County, endorsed on a note and in this Cause, and to (can’t
read) that the said Defendant has been duly Served with process more
than 15 days before the April Term of this Court AD 1865. And the
parties not requiring a Jury this Cause is taken up and submitted to
the Court in trial, who after hearing the Evidence presented, doth
find that the said Defendant doth owe and Stand Justly indebted to
said plaintiff in the sum of $254.84/100 for his debt and damages
And this action being founded on a promissory note for the direct
payment of money wherefore Plaintiff ought to recover. It is
therefore ordered, adjudged and Decreed by the Court that the said
Plaintiff have and Recover of and from the said Defendant the said
Sum of Two hundred and fifty four Dollars and Eighty four cents for
his debt and damages also his cost and charges in this behalf laid
out and Expended, and that Execution as therefore. %6
[written in left hand margin: $257.80 %6]
Samuel H. Martin
vs
J.T. Weidymer
Civil Action
Continued
Page 259:
March Term 1867
Regular March Term Saint Clair Circuit Court 1867
March 26, 1867.
Merchants Bank
vs
Edward Landon, John Landon and Wm. A. Routh
Action on Note
Continued.
Sterling Cooper and R.J. Meredith, admr of the Estate of K.L. King
Dec’d
vs
J.F. Weidemeyer & J.M. Weidemeyer
Civil Action
Now at this time it appearing to the Court that the above named
administration have resigned their trust, and ceased to act as said
administrators for said Estate, It is therefore ordered by the Court
that Henry Denney Public administrator for the County of Saint Clair
be made party Plaintiff to this action.
Merchants Bank
vs
J.F. Weidemeyer & John S. McClain and D.P. Morgan
Civil Action
Alias writ of attachment as to J.F. Weidemeyer
Continued
Merchants Bank
vs
J.F. Weidemeyer, John Greer, John T. McClain & D.P. Morgan
Civil Action on Note.
Now at this time comes the said Plaintiff by her Attorney and it
appearing to the Court here that the said Defendants, (can’t read)
to this action it is therefore ordered by the Court that the
following publication be made weekly and (can’t read) of the
Commencement of this suit.
To John F. Weidemeyer and the administrator of the Estate of John S.
McClain Deceased. You are hereby notified that said plaintiff has
Commenced a suit against you by Petition and an attachment in the
Circuit Court of Saint Clair County Missouri, founded on a
promissory note, for the sum of $1550 Dated Warsaw Mo. July 5, 1866
made payable to the order of John F. Weidemeyer & Son, four months
after the date thereby payable without devaluation or Discount, at
(can’t read) Warsaw Mo., and afterward by the said Weidemeyer (can’t
read) by their motion and (can’t read)
Page 260:
March Term 1867
Regular March Term Saint Clair Circuit Court 1867
March 26, 1867
of on the fourth Monday in September next (1867), and on or before
the third 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, and Judgement
rendered accordingly and the property so attached may be sold to
satisfy said Debt, the Damages & Cost of suit. It is further ordered
by the Court that a Copy hereof be Published in the “Osceola Herald”
a newspaper printed and published in the County of Saint Clair, and
State of Missouri for four weeks successively, the last insertion
thereof being at least four weeks next before the first day of the
next term of this Court.
John R. Lewellen
vs
William Hodgson et al.
Civil Action
Alias Summons to Sheriff of St. Clair County, as to William Hodgson
and Felix Lewellen.
Samuel H. Martin Admr de bonis non of the Estate of William Allen
deceased
vs
John Simms, and James H. Simms
Civil Action on Lost Note
Now at this time comes the said parties by their Attorneys, and do
consent the cause was taken up and submitted to the Court for trial
who after hearing the evidence, produced doth find for the
Defendant. It is therefore ordered Adjudged by the Court that the
said Defendant have and receive of and from the said Plaintiff his
cost and charges in this behalf laid out and expended, and Execution
issue therefor.
John J. McGuinter and David R. Riggs
vs
Edward C. Murray, William M. Gatewood and William H. Scoby
Civil Action on Note.
Motion to Dismiss withdrawn
Henry Denney Public Admn. having in charge the Estate of William L.
King dec.
vs
Samuel H. Martin
Continued by Consent of Parties.
Page 261:
March Term 1867
Regular March Term St. Clair County Circuit Court
March 26th 1867.
Anderson Morton
vs
Joseph S. Herndon, William Percell, William Hodgson, Homer Rickey,
Admr of Estate of James Rickey dec’d, (space) Good, Samuel Richie,
Samuel Sutherland, Jedediah Waldo, William King, John H. Parks,
Henry Ledbetter, John Hawkins, Isaac Willingham, Josiah Reed, and
Thomas F. Harris
Civil Action
Now at this time comes Matila Waldo, attaching creditor of Jerediah
Waldo, Joseph S. Herndon, William Hodgson, Henry Ledbetter and
Warner Rickey Admr of James Rickey Dec’d and files their Separate
answer to Plaintiff petition.
John D. McQuinter and Lewis Rigg
vs
Edward O. Murray, William M. Gatewood and William F. Scobey
Civil Action
Now at this time comes said Defendants, Edwin O. Murray and William
B. Scobey, and presents their petition for a change of venue in this
cause to some other County in this Circuit and Stating for Reason
whereof that the inhabitants of Saint Clair County are so prejudiced
against these applicants Defts that they evenly believe a fair trial
cannot be had in said County on account of the Causes herein
alleged. It is therefore ordered by the Court that a change of venue
be granted on this cause to the County of Polk in the State of
Missouri, and it is further ordered by the Court that the Clerk of
this County make out and transmit to the Clerk of the Circuit Court
of said Polk County a full true and Complete Copy of all the
Records, and on good purpose in this Cause.
William Waldo
vs
J. Waldo
Civil Action
Now at this day Comes the said Plaintiff Cause Coming on to be
heard, the same being taken up by the Court. And it appearing to the
satisfaction of the Court that the Defendant has been duly notified
of the Pending of this Action by publication thereof in the Osceola
Herald a newspaper printed and published in the County of Saint
Clair and state of Missouri for four weeks, successively the last
insertion thereof being
Page 262:
March Term 1867
Regular March Term Saint Clair Circuit Court 1867
March 26.
at least four weeks next before the firs day of this term of this
Court, and the said Defendant failing to appear and answer or
otherwise plead hereto, Judgement is rendered against him for want
of an answer, and this cause is continued until the next Term of
this Court, on an enquiry of damages.
Merchants Bank
vs
Henry Denney admr of Wm. S. King Dec’d, Jonathan Culbertson & John
J. Scott.
Civil Action on Note.
Now at this time comes said Plaintiff and says she will no further
prosecute this suit against Jonathan Culbertson, but voluntarily
dismisses the same as to him, and the said Defendant Henry Denney
admr being also present, by his attorney: And the said Defendant
John J. Scott, although, duly served with process more than 15 days
before the last term of this Court, and being three times Solemnly
called comes not but herein makes default, nor has he or any one for
him filed any answer herein whereby this action remains against him
undefended, and the said Plaintiff requiring no Jury, this cause is
taken up and submitted to the Court, who after hearing the Evidence,
doth find from the testimony that Plaintiff in the amount of
$1965.00 for Six debt and damages this action being founded on a
promissory note for the direct payment of money wherefore Plaintiff
ough tot recover And it further appearing to the satisfaction of the
Court that said Henry Denney has been duly appointed administrator
of the Estate of W.L. King. It is therefore ordered adjudged and
decreed by the Court that the said Plaintiff the Merchants Bank have
and recover of and from the said Defendants Henry Denny admr of the
Estate of W.L. King Dec’d and John J. Scott, the said sum of One
Thousand and nine hundred and Sixty five Dollars for her debt and
damages as also her cost and charges in this behalf laid out and
Expended, and that she have therefor General Execution. %6
[written in left hand margin: $1965.00 %6]
Merchants Bank
vs
Henry Denney Admr of W.L. Kin decd, Thomas D. Hall Sr. and Thomas N.
Henly
Civil Acton on Note.
Now at this time comes said Plaintiff y her attorney and says she
will no further prosecute this action against Thomas D. Hall Sr. and
Thomas N. Henly but voluntarily dismisses the same as to them, and
the said defendant Henry Denney being also present by his Attorney,
and the said parties requiring no Jury this cause is taken up and
submitted to the Court
[written in left hand margin: $528.00]
Page 263:
March Term 1867
Regular March Term St. Clair Circuit Court 1867.
March 26 1867
and this action being founded on a promissory Note executed to the
said Plaintiff by the said William L. King, deceased, in his
lifetime, for the direct payment of money, wherefore Plaintiff ought
to recover, and the Court doth find from the evidence that said
Defendant does owe and stand justly indebted to said Plaintiff in
the sum of $528.00 for her debt and damages And it further appearing
to the satisfaction of the Court, that the said Henry Denney has
been duly appointed Administrator of the Estate of the said
Defendant William L. King deceased. It is therefore ordered adjudged
and Decreed by the Court that the said Plaintiff have and recover of
And from the said Defendant Henry Denney Administrator of the Estate
of William L. King deceased, the sum of Five hundred and Twenty
eight Dollars, for her debt and damages as well also as for her
costs and charges in this behalf laid out and expended, and that she
have therefor Execution. %6
Merchants Bank
vs
Henry Denney Admr of the Estate of William L. King deceased, Thomas
D. Hall Sr. and T. Robert Hall
Civil Action on Note
Now at this day comes said Plaintiff by her Attorney and says she
will no further prosecute this action against Thomas Hall Sr. And R.
G. Hall but voluntarily dismisses this suit as to them, and the said
Defendant Henry Denney being also present by his Attorney and the
said parties agreeing no Jury, the cause is taken up and submitted
to the Court, And this action being founded on a promissory Note
executed to the said Plaintiff by the said Defendant William L.
King, deceased, in his lifetime for the direct payment of money
wherefore Plaintiff ought to recover. And the Court doth find from
the evidence that said Defendant does owe and stand justly indebted
to said Plaintiff in the sum of $185.50 for her debt and damages,
and it further appearing to the satisfaction of the Court that the
said Henry Denney has been duly appointed Administrator of the
Estate of said Defendant William L. King deceased. It is therefore
ordered adjudged and decreed by the Court that the said Plaintiff
have and recover of and from the said Defendant Henry Denney
administrator of the Estate of William L. King deceased the sum of
Nine Hundred and Eighty Five dollars and Fifty cents for her debt
and damages as well also as for her cost in this behalf laid out and
expended and that
[written in left hand margin: $1087.50 %6]
Page 264:
March Term 1867
Regular March Term Saint Clair Circuit Court 1867.
March 26th 1867.
have therefor Execution.
Ordered that Court adjourn until tomorrow Morning at 9 o’clock.
B.H. Emerson
Cir Judge
Wednesday morning March 27, 1867.
Court met pursuant to adjournment
Present as yesterday.
Page 265:
March Term 1867
Regular March Term Saint Clair Circuit Court 1867
March 27, 1867.
Sarah A. Kidd administratrix of the Estate of Christopher G. Kidd
Deceased
vs
Thomas B. Southerland, McDaniel Taylor, John Flint, Levi B. Herman
Civil Action on Note.
Now at this time comes the said Defendants and files their answer to
plaintiff petition.
J.E. Ashworth
vs
J.E. Wear
Civil Action
Now at this time comes the said Defendant by his Attorney; and the
said Plaintiff being present, the said Defendant files his answer to
Plaintiff Petition.
John Brown
vs
Benjamin F. Snyder
Civil Action
Now at this time comes here into open Court, the said Defendant and
the said Plaintiff being also present the said Defendant files his
Amended and Supplemental answer to Plaintiff petition.
Samuel H. Martin; admr De bonis non of the Estate of William Allen
Deceased
vs
Hugh Hall and D. Patterson
Civil Action
Now at this day comes the said Defendant Hugh Hall and files his
Separate answer to Plaintiffs petition.
Peter Shoemaker
vs
Benjamin F. Snyder
Civil Action
Now at this time comes the said Defendant by his Attorney and files
a motion to Rule the Plaintiff to give security for cost in this
cause.
John Brown
vs
Benjamin F. Snyder
Civil Action
Now at this time comes the said Defendant and moves the Court to
Rule the said Plaintiff to give Security for the Cost in this suit.
Page 266:
March Term 1867
RegularTerm Saint Clair Circuit Court March 1867
March 27.
Peter Shoemaker
vs
Benjamin F. Snyder
Civil Action
Now at this time comes the said Plaintiff and files his Reply to the
defendants answer filed herein.
William B. Robbinson
vs
William M. Cooley
Civil Action
And now comes the said Plaintiff and files his reply to the Deft
answer, filed herein.
William A. Mayo and Emma C. Mayo
vs
D.P. Shields
Replevin
Now at this time comes the said Defendant and files his answer to
Plaintiffs petition.
P. B. Lawrence
vs
C. Hoover.
Civil Action
Defendant files Replication
James Cole
vs
William Harris
Civil Action
Now at this time comes the said Defendant here into open Court, and
files his motion, to set aside the intertocutary Judgement
heretofore rendered in this Cause. And the said Plaintiff being
present by his Attorney the same is taken up, and argued, and by the
Court sustained and said Judgement accordingly set aside.
(space) Trippett and (space) Simms
vs
R.L. Hopkins.
Civil Action
Now at this time comes the said Plaintiff and files his motion to
strike out part of the Defendants answer.
William A. Mayo and Emma C. Mayo
vs
David P. Shields
Civil Action
Now at this time comes the said Plaintiff and files their amended
petition for a change of venue in this cause. Stating for Reason
whereof that the most
Page 267:
March Term 1867
Regular Term Saint Clair Circuit Court March 1867
March 27, 1867
of the inhabitants of Saint Clair Cedar Counties are so prejudiced
against them that a fair and impartial trial cannot be had herein.
It is therefore ordered adjudged and decreed by the Court, that a
change of venue in the above entitled cause be awarded to Polk
County in this State. And it is further Ordered by the Court that
the Clerk of this Court, without unnecessary delay make out and
transmit to the Clerk of the Polk County Circuit Court; a full True
and complete transcript of all the Records and proceedings had
herein.
T.B. Lawrence
vs
Christian Hoover
Civil Action for
Now at this time comes the said Parties And being ready for trial
comes the following Jury to wit: L.D. Whitten, Paris Dunn, Fredrick
Smith, G.K.B. Calvirt, Westly T. Halford, L.F. Metcalf, M.B.
Stewart, Thomas J. Fisher, Davis Hall, James M. Cooley and Mark
Allinson, Eleven good and lawful men the court summoned from the
body of Saint Clair County, duly Elected, tried and Sworn well and
truly to try the issue Joined and a true verdict give, hereafter
hearing the Evidence, Retired to Consider the Same. And now, again
comes said Jury hereunto of in Court and returned the following
verdict towit: “We the undersigned Jury find for the Plaintiff the
sum of Two Hundred and Sixty Dollars and the further sum forty nine
Dollars, and Eighty three cents. L.D. Whitten foreman.” It is
therefore ordered adjudged and decreed by the Court, that the said
Plaintiff have and recover of and from the said Defendant, Christian
Hoover the sum of Two hundred and Sixty Dollars, for her debt and
damages $29.83/100 for her Damages the amount assessed by said Jury
as with also as her Cost and charges in this behalf laid out and
Expended and that he have therefore Execution. %6
[written in left hand margin: $289.83 6%]
Ordered by the Court that the Sheriff summon two by standers to
serve as Grand Jurors, as this term of the Court, whereupon the
Sheriff summoned and Returned William Collins, and John D. Burke who
being duly sworn and qualified Retire to this discharge of their
duties.
Ann W. Todd admr of D.P. Todd Deceased
vs
William Gant and Jesse R. Young
Civil Action
Now at this time comes Defendant and files a motion to, set aside
the Judgement hereto rendered in the Cause.
Page 268:
March Term 1867
Regular Term Saint Clair Circuit Court March 1867
March 27.
Ann W. Todd admr of the Estate of D.P. Todd.
vs
J.R. Young and Wm. M. Gant
Civil action by Attachment on Note.
Now at this time comes the Plaintiff in the above entitled cause,
hereinto open Court and it appearing to the Court here, that the
said Defendants cannot be summoned to this action. It is therefore
ordered by the Court that Publication be made notifying said
Defendants, J.R. Young and William M. Gant that, that said Plaintiff
has commenced, an action against Them in the Circuit Court of Saint
Clair County Missouri; founded on a promissory note, for the sum of
$249.40/100 dated Pleasant Site, June 6, 1860, for value Received;
payable one day after the date thereof to the order of Daniel P.
Todd, with interest thereon at the rate of 10 % from that date until
paid, and Signed by J.R. Young & Wm. M. Gant, and that their
property has been attached, and that unless they be and appear at
the next Term of this Court, to be began and held at the Court House
in the City of Osceola, County of Saint Clair and State of Missouri,
on the Sixth Monday after the second Monday in August next (1867),
and on or before the third 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 Petition, the same will be taken as confessed
and Judgement rendered accordingly and the property attached be sold
to satisfy the Debt damages as aforesaid and the Cost of suit
thereon. It is further ordered by the Court that a copy hereof be
published in the “Osceola Herald” a newspaper printed and published
in the County and State aforesaid, for four weeks successively the
last insertion being at least four weeks next before the first day
of the next Term of the Court.
John Upton
vs
John F. Weidemeyer & John M. Weidemeyer
Civil Action by Attachment on Note.
Now at this time comes the said Plaintiff and the said Defendant,
although duly notified of the pending of this Suit against them, by
publication, in the Warrensburg Standard, a newspaper printed and
published in the County of Johnson, and State of Missouri, for four
weeks successively, the last insertion thereof being at least four
weeks next before the first day of the April Term 1866, and being
three times solemnly called comes not but herein makes default,
whereby Judgement by default was rendered against him. And this
Cause now Coming on for final trial; and the said Plaintiff
requiring no Jury the same is taken up and submitted to the Court.
[Left hand column is written: $532.46 %10]
Page 269:
March Term 1867
Regular Term Saint Clair Circuit Court March A.D. 1867
March 27, 1867
for trial; And the same coming on to be heard, the said defendants
being again solemnly called comes not but herein makes default, nor
either of them or one for whom filed any answer, herein whereby this
action remains against them wholly undefended, and this action being
founded on a promissory note for the direct payment of money
wherefore plaintiff ought to recover. And the Court doth find from
the testimony that the said plaintiff doth owe and sand Justly
indebted to said Plaintiff in the sum of $332.26/100 for his debt
and damages. And the Court doth further find from the Return of the
Sheriff Saint Clair County Missouri, that the said Sheriff did on
the 29th day of June AD 1866, by virtue of and in obedience to a
writ of attachment ordered in this Cause and to him directed;
Attach, all the right title interest and Estate of the said
Defendants, John F. Weidemeyer and John M. Weidemeyer of in and to
the following described Real Estate lying in the Town of Osceola,
County of Saint Clair, and State of Missouri to wit: Lot 1, 2, 3
(can’t read)
Ann W. Todd admr of the Estate of D.P. Todd Deceased
vs
William Gant, J.H. Crockett & J.R. Young
Civil Action.
Now at this time comes the said Plaintiff and moves the Court to set
aside the Judgement rendered in this cause at the April Term of this
Court, for the reason that the same was rendered against the said
William Gant after his death, and is in Consequence thereof (can’t
read). Said motion is rendered by the Court and (can’t read)
accordingly set aside.
Page 270:
March Term 1867
Regular Term Saint Clair Circuit Court, March, 1867
March 27, 1867
Bridge Beardsle
vs
R.C. Vaughn
Civil Action
Now at this time comes said Defendant and files a plea, in the
nature of a plea in abatement, to plaintiffs petition.
The State of Missouri
vs
Robert A. Leonard
Indictment
Now at this time comes the said Plaintiff by her Attorney, and says
she will no further prosecute this action against said Defendant but
voluntarily dismisses the same as to him. It is therefore Considered
Ordered adjudged and decreed by the Court that said Deft Robert A.
Leonard, be released from this recognizance and go hence without
day.
The State of Missouri
vs
Henry Hall
Indictment
Continued by the State.
James C. Bridges
vs
William W. Ritchey
Civil Action for damages on note.
Now at this time comes the said Plaintiff by his Attorney and the
said Defendant although duly served with process more than 15 days
before the last term of this Court and being three times solemnly
called comes not but herein made default whereby Judgement by
Default was rendered against him. And the cause was coming on for
first hearing. And the said Defendant being again solemnly called
comes not but herein makes default, nor has he or anyone for him
filed any answer herein whereby this action remains against him
undefended and this action being founded upon (can’t read) Comes the
following Jury to wit. Thos. Whitton, Paris Dunn, John Walker, S.
Smith, J.W.B. Culberts, W.B. Hatfield, D.F. Metcalf, R.C. Birch,
D.B. Stewart, Thomas J. Fisher, Hezekiah Thompson and David Hall, 12
Good and lawful men duly elected tried and sworn well and truly to
try the issue Joined and a trial verdict Give, who after hearing the
evidence retired to consider the same. And now again comes the Jury
hereinto open Court, and return the following verdict to wit. “We
the Jury find the issue for the Plaintiff and assess his damages at
Three hundred and Seventy three 53/100 Dollars. S.D. Whitton
foreman”. And it appearing by the (can’t read) action of the Court
from the Return of the Sheriff of Saint Clair County Missouri, That
he the said Sheriff
Page 271:
March Term 1867
Regular Term Saint Clair Circuit Court March A.D.1867
March 27th
by virtue of and in obedience to a write of Attachment issued in
this cause and to him Directed did on the 28 day of February 1866.
Attach all the right, title, interest and Estate of the said
Defendant William W. Ritchey of in and to the following described
Real Estate to wit: E ½ SW & N SE Sec 10 Township 37 of Range 25.
W NW NE NE NW Section 16 Township 37 of Range 25
W ½ E SE S SE NE Section 28 Township 36 of Range 24
W ½ S ½ SE Section 33 Township 26 of Range 24
W ½ SW SE Section 12 Township 36 of Range 26
North W NW SW Section 13 Township 36 of Range 26
W NW NE Section 13 Township 36 of Range 26
West NE SE Section 14 Township 36 of Range 26
W N NW Section 16 Township 36 of Range 26
East NE SE Section 11 Township 36 of Range 26
N E SW Section 11 Township36 of Range 26
all lying being and situate in the County of Saint Clair in the
State of Missouri. It is therefore Considered ordered adjudged and
Decreed by the Court that the said plaintiff have and recover of and
from the said Defendant William W. Ritchey the said sum of $373
32/100 Dollars for his Debt and damages (can’t read) Charges in this
behalf laid out and Expended and that he have therefore Execution to
be levied upon the above described and (can’t read) property and
that the same (can’t read)
George T. Schoonover
vs
T.W. (can’t read) and D. Drummond
Civil Action by Attachment (can’t read) Note.
Now at this time Comes the said Plaintiff by his Attorney, and it
appearing to the satisfaction of the Court, here by the affidavit of
N.H. Dain on of the publication of the Warrensburg Standard, a
weekly newspaper printed and published in the County of Johnson and
State of Missouri, that (can’t read) And this cause now coming on
for trial and the said Defendant being three times solemnly called
comes not but herein makes default, nor have they or either of them
filed any answer herein whereby this action remains against them
wholly undefended. And the said Plaintiff (can’t read) this cause
wherein (can’t read) submitted to the Court for trial. And this
Action being founded
Page 272:
March Term 1867
Regular Term Saint Clair Circuit Court March 1867
March 27th 1867
Promissory note for the direct payment of money wherefore plaintiff,
ought to recover. And the Court doth find from the testimony that
said Defendant did owe and Stand Justly indebted to said plaintiff
in the amount of $122.21/100 for his debt and damages.
And the Court doth find from the Return of the Sheriff of Saint
Clair County Mo that the said Sheriff by virtue of and in obedience
to a writ of attachment issued in this cause, did on the 4th day of
October 1865 attach all the right title interest and Estate of the
said Defendant R.M. Hancock, of in and to the following described
Real Estate lying and being situate in the County of Saint Clair and
State of Missouri to wit. The S ½ NE ¼ NE SE Section 14 Township 38
of Range 27 and NW SW Section 13, Township 38 of Range 27. also Lot
(9 & 10) Nine & Ten in Block (1) Situate in the Town of Osceola,
Missouri County & State aforesaid. It is therefore ordered adjudged
and decreed by the Court, that said Plaintiff have and recover of
and from the said Defendant the said sum of One hundred and Ninety
two Dollars and Forty one cents for her Debt and damages as also his
cost and charges in this behalf laid out and Expended and that he
have therefore, Special Fa fa to be levied upon the above described
attached property and that the same be sold to satisfy said Debt
Damages & Cost. % 6 10.
Pines B. Dunn
vs
J.J. Scott
Civil Action
Defendant files answer
Alexander C. Summer admr of Thomas Piper Decd
vs
Joseph Hacker and Julius Hacker
Civil Action
Ordered by the Court that (can’t read) be extended to Deft until
tomorrow morning to (can’t read).
John P. Barr
vs
James M. Breckenridge and Preston Gordon
Civil Action
Now at this time comes the said Defendant and by their Attorney and
presents their affidavits heretofore filed for a change of venue in
this Cause, to some other County in this Circuit, and allege for
Reason, whereof that, the Inhabitants of the County of Saint Clair
are so prejudiced against him that a fair
Page 273:
March Term 1867
Regular Term Saint Clair Circuit Court March 1867.
Trial cannot be had herein. It is therefore ordered, adjudged and
decreed by the Court that a change of venue be made to Cedar County
in this State, and that the Clerk of this Court without unnecessary
delay make out and transmit to the Clerk of the said Cedar County
Circuit Court a full true and Complete transcript of all the papers,
and proceedings had herein.
William B. Robinson
vs
Joseph Rodgers et al
Civil Action
Ordered by the Court that the Defendant have leave to open and file
the Depositions taken in this Cause.
Aaron Trippett and Pines R. Dunn
vs
John M. Amlin
Civil Action on Note
[written in left hand column: $125.30 10%]
Now at this time comes the said plaintiff by his attorney, and the
said Defendant although duly served with process more than 15 days
before the last term of this Court and being solemnly called comes
not but herein makes default, nor has he or anyone for him filed any
answer herein whereby this action remains against him wholly
undefended. And this action being founded upon a promissory note for
the direct payment of money wherefore plaintiff ought to recover.
And the Court doth find from an instrument of writing filed herein
that said Defendant does owe and Stand justly indebted to said
plaintiff in the sum of $125.30 for his debt and damages. It is
therefore ordered adjudged and decreed by the Court that the said
plaintiff have and Recover of and from the said Defendant the said
sum of One hundred and Twenty five Dollars for this Debt and Damages
as well as Cost and Charges in this behalf laid out and Expended and
that Plaintiff have therefore Execution. 10%
Aaron Trippett & Pines R. Dunn
vs
Samuel V. Keller
Civil Action on Note
Now at this time comes the said plaintiff by his attorney, and the
said Defendant although duly served with process more than 15 days
before the last term of this Court and being solemnly called comes
not but herein makes default, nor has he or anyone for him filed any
answer herein whereby this action remains against him wholly
undefended. And this action being founded upon a promissory note for
the
Page 274:
March Term 1867
direct payment of money wherefore plaintiff ought to Recover. And
the Court doth find from an instrument of writing filed herein that
said Defendant does owe and Stand Justly indebted to said plaintiff
in the sum of $191.92 for their Debt and Damages. It is therefore
Ordered adjudged and Decreed by the Court that the said Plaintiff
have and Recover of and from the said Defendant the said sum of One
hundred and Ninety four Dollars and Ninety two Cents or his debt and
Damages, as also his Cost and Charges, in this behalf laid out and
Expended and that Execution issue therefor. 10%
Aaron Trippett and Paris R. Dunn
vs
John H. Parks
Civil Action on Note.
Now at this time Comes the said Plaintiff and the said Defendant
although duly served with process more than 15 days before the first
day of this term of this Court and solemnly called comes not but
herein makes default nor has he or any one for him filed any answer
herein whereby this action remains against him wholly undefended,
and this Action being founded on a promissory note, for the direct
payment of money wherefore plaintiff ought to recover, and the Court
doth find from an instrument of writing find herein, that said
Defendant does owe and stand Justly indebted to said plaintiff, in
the sum of $205.46/100 for their debt and damages. It is therefore
ordered adjudged and Decreed by the Court that said Plaintiffs have
and recover of and from said Defendant John H. Parks the said sum of
Two Hundred and five Dollars, and forty six cents for their Debt and
damages, as well also, their Cost and Charges I this behalf laid out
and Expended, and that Execution issue therefore.
[written in left hand column:] $205.46 %10
Robert Allen, Trustee for T. Gibbons
vs
Erwin Thomas
Action on note.
[written in left hand column:] $351.64 10%
Now at this time Comes said Plaintiffs and it appearing to the
Satisfaction of the Court here by the return of the Sheriff of this
County, that the said Deft has been duly served with process more
than fifteen days before the first day of this Term of this Court,
and being solemnly called three times, comes not but herein makes
default, nor has he or any one for him filed any answer herein
whereby this action remains against him wholly undefended; and this
Cause being founded on a promissory note for the direct payment
Page 275:
March Term 1867
Regular Term Saint Clair Circuit Court, March 1867
of money wherefore Plaintiff ought to recover and the Court doth
find from an instrument of writing filed herein, that said Defendant
does owe and stand Justly indebted to said Plaintiff in the Sum of
$351.64/100 for his Debt and damages. It is therefore Ordered
adjudged and decreed by the Court that the said Plaintiff, Robert
Allen, Trustee for J.H. Gibbons, have and recover of and from the
said Defendant Erwin Thomas, the said Sum of three Hundred and fifty
one Dollars and Sixty four cents, for his debt and damages, as also
his cost and charges in this behalf laid out and Expended and that
Execution issue therefor. 10%
Paris R. Dunn
vs
James Cole
Civil Action Promissory note.
[written in left hand margin:] $276.87 10%
Now at this time comes the said Plaintiff And it appearing to the
satisfaction of the Court that the said Defendant James Cole; has
been duly served in the process more than 15 days before this first
day of this Court, and being three times solemnly Called Comes not
but herein makes default, nor has he or any one for him filed any
answer herin whereby this action remains against him wholly
undefended. And this Action being founded on a promissory note for
the direct payment of money, wherefore the Plaintiff ought to
recover. And the Court doth find from an instrument of writing filed
herein that said Defendant doth owe and stand Justly indebted to
said Plaintiff in the sum of $276.87/100 for his debt and damages.
It is therefore ordered and adjudged and Decreed by the Court that
the said Plaintiff, Paris R. Dunn have and recover of and from the
said Deft James Cole, the said sum of Two hundred and Seventy six
Dollars and Eighty seven cents for his Debt and Damages as well
also, as his cost and charges in this behalf laid out and Expended.
10%
[written in left hand margin:] Erroneous engry
Robert Allen Trustee for Mary Drake et al
vs
Robert A. Sproull
Civil Action on Note.
Now at this time comes the said Plaintiff And it appearing to the
satisfaction of the Court that the said Defendant has been duly
served in the process more than fifteen days before this first day
of this Court, and being three times solemnly called comes not but
herein makes default, nor has he or any one for him filed any answer
herein whereby this action remains against him wholly undefended.
And this Action being founded on a promissory note for the direct
payment of money, wherefore the Plaintiff ought to recover. And the
Court doth find from an instrument of writing filed herein that said
Defendant doth owe and stand Justly indebted to said Plaintiff in
the sum of $163.41
Page 276:
March Term 1867
Regular Term Saint Clair Circuit Court, March 1867
March 27
for her debt and damages. It is therefore ordered adjudged and
decreed by the Court that the said Plaintiff Robert Allen recover
for Mary Drake and She have and recover of and from the said
Defendant Robert A. Sprowell the said sum of One hundred and Sixty
three Dollars and forty one Cents for her Debt and damages, as also
as his Cost and charges in this behalf laid out and Expended and
that Execution issue therefor. 10%
John M. Staley and John R. Stacey
vs
Thomas Wright
Civil Action for Note.
Now at this time comes the said Plaintiff And it appearing to the
satisfaction of the Court that the said Defendant has been duly
served in the process more than fifteen days before this first day
of this Court, and being three times solemnly called comes not but
herein makes default, nor has he or any one for him filed any answer
herein whereby this action remains against him wholly undefended.
And this Action being founded on a promissory note for the direct
payment of money, wherefore the Plaintiff ought to recover. And the
Court doth find from an instrument of writing filed herein that said
Defendant doth owe and stand Justly indebted to said Plaintiff in
the sum of $122.40 for her debt and damages. It is therefore ordered
adjudged and decreed by the Court that the said Plaintiff have and
recover of and from the said Defendant the said sum of One hundred
and twenty two Dollars and forty Cents for his Debt and damages, as
also as his Cost and charges in this behalf laid out and Expended
and that Execution issue therefor. 10%
Ordered that Court adjourn until tomorrow morning of 6 oClock.
B.H. Emerson Circuit Judge
Page 277:
March Term 1867
Regular Term Saint Clair Circuit Court, March 1867
March 28, 1867
Thursday morning March 28 1867.
Court met pursuant to adjournment
Present as yesterday.
Aaron Trippett and
(can’t read)
vs
W.D. Hopkins
Civil Action
Now at this day comes the said Defendant by his Attorney and files
his amended Answer to (can’t read).
(can’t read) and
(can’t read) Lewis
vs
Lawrence Lewis et al
Action on note
Now at t his day comes the said defendant L. Lewis and (can’t read)
Plaintiff (can’t read).
Samuel H. Martin
vs
Jonathan Culbertson and (can’t read) C. Culbertson
Action on Note
(film is too faint, cannot read this case)
Page 278:
March Term 1867
Regular Term Saint Clair Circuit Court, March 1867
March 28
(can’t read) he the said Sheriff did on the 29th day of March 1866
by Authority of and in obedience to a writ of attachment issued in
this cause Attach all the right, title interest and Estate of the
said Defendant Jonathan Culbertson of in and to the following
described Real Estate lying being and situate in the County of Saint
Clair in the state of Missouri to wit: W WE & NE Sec 32, T37 R24 and
SW SE Sec 30, T37 R24. It is therefore ordered adjudged and decreed
by the Court that the said Plaintiff have and recover of and from
the said Defendant the said sum of one hundred and forty four
Dollars, and Seventy two cents for his Debt and Damages as well also
as his cost and Charges, in this behalf laid out and expended and
that Execution issue therefore, and that the same be levied upon the
above described Real Estate, here before attached by the Sheriff of
Saint Clair County be sold to satisfy the said Debt, damages, and
Cost aforesaid. 10%
Samuel H. Martin admr De bonis non of the Est. of Wm. Allen Deceased
vs
Westley H. Pace, James Pace & (space) Reece
Civil Action
Dismissed at Plaintiff cost.
Jacob Hussefberger & Cason E. Smith
vs
Francis M. Cole
Civil Action on Note
Now at this day comes the said Plaintiff by his Attorney and it
appearing to the Court, here, that the said Defendant has been duly
served with process more than fifteen days before the first day of
this term of this Court and failing to appear and plead, answer or
demur to Plaintiffs petition, the same is taken as confessed. And
this Action being founded on an instrument of writing signed by the
Defendant whereby his (can’t read) to Plaintiff is ascertained from
(can’t read) of which the Court doth find that the defendant owed
and stands indebted to plaintiff in the sum of $592.16/100 Debt and
the sum of $38.21/100 Damages. It is therefore ordered & adjudged
and decreed by the Court that the said Plaintiff have and recover of
and from the said Defendant Francis M. Cole, the said sum of Five
hundred and ninety two Dollars and Sixteen cents for his debt, and
the sum of Thirty Eight Dollars and twenty one Cents for his
Damages, as also his Cost and damage in this behalf laid out and
Expended, and that Judgment be at ten per Cent interest.
James ___
vs
John Henning
Civil Action
Dismissed
Page 279:
March Term 1867
Regular Term Saint Clair Circuit Court, March 1867
March 28, 1867
E. Lauphorn
vs
F.M. Cole
Civil Action on Note.
Now at this time comes the said Plaintiff by his attorney and it
appearing to the full satisfaction of the Court that the said
Defendant has been duly served with process more than 15 days before
the first day of last term of this Court, and said Defendant failing
to appear and or plead answer or demur to plaintiffs petition the
same is taken as Confessed. And this Action being founded on an
instrument of writing signed by the Defendant whereby the
indebtedness to plaintiff is ascertained from (can’t read) the Court
doth find that said Defendant doth owe and stand indebted to
plaintiff in the sum of One hundred and eighty one Dollars and forty
two Cents her debt and the sum of Ninety four Dollars and twenty
Eight Cents for his damages. It is therefore ordered adjudged and
decreed by the Court that the said Plaintiff have and recover of and
from the said Defendant his Debt and Damages, as also his Cost and
charges in this behalf laid out and Expended . 10%
A.C. Summers
vs
S.J Tackett
Now at this time comes the said Defendant by his Attorney and files
a plea in the nature of the petition (can’t read) and to plaintiffs
petition.
William A. Cox
vs
James W. Jones & Francis R. Henley
[This entry is crossed out.]
F.M. Cole
vs
J.F. Weidemeyer & Joseph Weidemeyer
Civil Action
Now at this time Comes said defendant J.F. Weidemeyer and file
herein his answer as attaching Creditor.
Wm. E. Snowdon
vs
Wm. Harrison & Elisha Moore
Civil Action
Dismissed at Plaintiffs Cost.
Page 280:
March Term 1867
4th day Regular March Term St. Clair Circuit Court 28th Inst.
March 28
Wm. Gaston Plaintiff
against
John McMurtry Deft
Civil Action
Now at this day Comes into open Court Elias Disney Sheriff within
and for this County and presents a deed presented by him as said
Sheriff to the Court and acknowledges the execution of such deed by
him for the uses and purposes therein expressed, which deed Conveyed
all the right title and interest of John McMurdry in and to the
following real estate to Joel Abbott to wit.
The NW ¼ of NW ¼ & W ½ of SE ¼ & South East of SE ¼ & SW ¼ of NW ¼ &
NW ¼ SW ¼ in Section (10) Ten & SW ¼ of SE ¼ of Section 11 & W ½ of
SW ¼ Section 3 & NW ¼ of NW ¼ & E ½ of SW ¼ of Section 13 & W ½ of
SW ¼ of Section 12 & W ½ of NE ¼ Section 29 & N ½ of SE Section 27 &
NE ¼ of NW ¼ & NW of NE ¼ Section 30 & NE ¼ and NE ¼ of SE ¼ Section
14 & N ½ of NE ¼ of Section 36 & NW ¼ Section 9 & the NW ¼ & South
West qr being W ¼ Section 26 all in Township 38 Range 28 and SE ¼ of
SW ¼ & W ½ SE ¼ & SE ¼ of SE ¼ Section 17 & NW ¼ of SE ¼ of Section
32 all in Township 39 Range 27 Situate in St. Clair County State of
Missouri, which said land was sold by said Sheriff under execution
issued in this Cause in favor of plaintiff and against the
defendant.
William M. Cox
vs
John W. Jones & Thomas N. Henley
Civil Action by Attachment
[written in left hand column $203.56]
Now at this time comes the said plaintiff by his Attorney and in
appearing to the Court by way of the affidavit of Wm. D. Garrison
one of the Publishers of the Osceola Herald a newspaper printed and
published in the County of Saint Clair and State of Missouri, that
said Defendants James W. Jones and Thomas N. Henley, have been duly
notified of the pending of this suit against them by publication in
said paper for four weeks successively for the last (can’t read)
There being as but four weeks next before the first day of this term
of the Court and being solemnly called comes not but herein makes
default, nor have he or any one for him filed any answer herein
whereby this Action remains against him undefended. And this action
being founded on a note for the direct payment of money whereupon
plaintiff ought to recover. And the Court doth find from the
Evidence that the said Defendant doth owe and stand fully indebted
to said Plaintiff in the sum of $203.52. And it further appearing to
the Court here from the Return of the Sheriff of Saint Clair County
that he the said Sheriff, did on the 27th day of April 1866, by
(can’t read) and in obedience to a writ of Attachment rendered in
this cause.
Page 281:
March Term 1867
Regular March Term Saint Clair Circuit Court 1867
March 28
Attach (can’t read) and Estate of the said Defendant John W. Jones
of and to the following described Real Estate lying and being
situated in the County of Saint Clair Missouri to wit. The West half
of the South West qr and South East of the South West qr. of Section
28, and the South East qr of North East qr Section 29, Township 38
North of Range 25 West of the 5 PM containing 160 acres. And it
further appearing by the Return of said Sheriff that he did on the
13th day of July 1866 by virtue of an alias writ of Attachment,
rendered in this Cause (can’t read) the right (can’t read) and
Estate of the said Defendant John W. Jones to wit The W ½ SW, SE SW
Section 8 and SE NE Sec 29
All in Township 38 of Range 25 containing in all 160 acres situate
in the County of Saint Clair Mo. It is therefore ordered adjudged
and decreed by the Court that the said Plaintiff William M. Cox have
and recover of and from the said Defendant Jonas W. Jones & Thomas
N. Henley the said sum of Two Hundred and three Dollars, and Eighty
two cents for his Debt and damages as well also as his cost and
charges in this behalf laid out and Expended and that he have (can’t
read) Special Execution to be (can’t read)
The Merchants Bank of Saint Louis
vs
M.M. Hasbrough, Aaron Trippett, Paris R. Dunn, and H.W. Simm
Now this day comes the said Sheriff by his attorney and (can’t read)
Cass County Mo. (can’t read) being at least four weeks before the
first day of this term of this Court and being three times solemnly
called comes not but here in makes default nor have they or either
of them filed any answer herein whereby this action remains against
them undefended and this action being founded upon a promissory note
for the direct payment of money whereby plaintiff ought to recover
(can’t read) indebted to said Plaintiff in the sum of $141.28 for
his debt and damages. And it further appearing to the Court (can’t
read) the Sheriff of Saint Clair County Missouri That (can’t read)
said Sheriff by (can’t read) did on the 25th June 1866 (can’t read)
upon and seized upon all the right title claim and interest of the
Aaron Trippett and Paris C. Dunn, in and to the following described
Real Estate lying and being situate in the County of Saint Clair and
Page 282:
March Term 1867
Regular Term Saint Clair Circuit Court March
March 28, 1867
and State of Missouri, towit Lots Five & Six (5 & 6) in Block No. 25
also lot one (1) in Block (31), Ninety one in Town of Osceola. It is
therefore ordered adjudged and decreed by the Court that the said
Plaintiff have and Recover of and from the said Defendants the sid
sum of One hundred and forty one Dollars, and forty Eight cents for
his Debt and Damages, as well as his cost and charges in this behalf
laid out and expended and that Plaintiff have therefore Judicial
Execution to be levied upon the above described Real Estate as
attached by the Sheriff of said Saint Clair County, and that the
same be sold to satisfy the Debt damages and Cost as aforesaid.
Henry Denney, Public admr. For Saint Clair County, having charge to
Estate of Charles H. Yeter Dec’d
vs
Micajah Dark
Civil Action on Notes.
Now at this time comes the said Plaintiff by his Attorney, and it
appearing to the satisfaction of the Court as the said Henry Denny
(can’t read) Saint Clair County Missouri, and for the (can’t read)
duly served with process on the 15th day of (can’t read) first day
of the term of this Court but comes not, nor has he filed any answer
herein nor entered a plea to Plantiffs Petition the same is taken as
confessed. And the action being founded on an instrument of writing
(can’t read) indebted to said Plaintiff in the sum of $15923 for his
Debt and damages. It is therefore ordered, adjudged and decreed by
the Court that the said Plaintiff Henry Denney administrator as
aforesaid, have and recover of and from the said Defendant, Micajah
Dark the said sum of One hundred and fifty nine Dollars and forty
two cents for his Debt and Damages as well as his cost and charges
in this behalf laid out and Expended and that he have therefore
Execution. 10%
The State of Missouri
vs
Sterling Cooper
Indictment for Grand Larceny
Now at this time comes the said Plaintiff by his Attorney who
prosecutes in this behalf for the State of Missouri, as also the
said Defendant and his attorney in person, and it being asked him by
the Court (can’t read) premises, and how he will acquit himself of
the said
Page 283:
March Term 1867
Regular Term Saint Clair County Circuit Court March 1867
March 28
Who for plea say he is not guilty as he stands charged in said
Indictment and whereupon comes the following jury to wit. Richard
Brown, Frederick Smith, G.H. Calvird, Willis Hatfield, R.C. Bowles,
David Hall, H__ Page, A.M. Head, James Todd, W.H. Lord, Mark Renfro,
Edward Hutton, twelve good and lawful men summoned from the body of
Saint Clair County, duly Elected (can’t read) and sworn well and
truly (can’t read) Joined and a true (can’t read) said jury return
the following verdict to Court “We the Jury find the Defendant not
guilty”. David O. (Can’t read) foreman. It is therefore ordered
adjudged and decreed by the Court that the said Defendant Sterling
Cooper (can’t read) State of Missouri (can’t read).
(Can’t Read)
Action for Damages
Film is too faint to read.
G.W. Cole
vs
(Can’t Read) and John Weidemeyer.
(can’t read) to John F. Weidemeyer (can’t read).
Action on Note.
Page 284:
March Term 1867
Regular Term Saint Clair Circuit Court March 1867
March 24
The last insertion on thereof being at least four (can’t read) the
first day of this term of this Court and being three times solemnly
called, comes not but herein makes default, nor has he nor anyone
for him filed any answer herein whereby (can’t read) wholly
undefended. And this Action being founded on a promissory note for
the direct payment of money wherefore plaintiff ought to recover,
And the Court doth find from an instrument of writing filed herein
the said Defendant does owe and stand justly indebted to the said
Plaintiff in the sum of $105 for his Debt and damages. And it
further appearing to the Court from the return of the Sheriff of
Saint Clair towit, that the said Sheriff (can’t read) and in
obedience to a writ of attachment (can’t read)
Henry Denney, Public admr. For Saint Clair County (can’t read)
Page 285:
March Term 1867
Regular Term Saint Clair Circuit Court March AD 1867
John Dawson and W.D. Mead
vs
T.A. Goodman
Action on Promissory note by Attachment (can’t read)
Merchant’s Bank of St. Louis
vs
George W. Short (can’t read)
William Robinson
vs
Sterling Cooper & R.J. (can’t read)
Page 286:
March Term 1867
Regular Term Saint Clair Circuit Court March
March 28
And issue Joined and a true verdict Given where after hearing the
Evidence Retired to consider the same. And now comes again said
Jury, and returns the following verdict, towit. “We the Jury find
the issue for the Plaintiff. David Hall, foreman”. It is therefore
considered ordered adjudged and decreed by the Court, that said
Plaintiff have and retain the possession of the Certain specific
personal property mentioned in Plaintiffs petition and heretofore
Relieved from the said Defendants, to wit. Three Tobaco (can’t
read), and appuratures, and that the said Plaintiff have and recover
of and from the said Defendant the Cost and charges in this behalf
laid out and Expended and that he have execution therefore.
William Lucas, Charles L. Thompsens & Silas Hicks
vs
W.W. Ritchey & Henry Denney, Pub. Admr having in charge the Estate
of Uriah L. Sutherland.
Action on Note.
Alias summons ordered to issue against Defendant W.W. Ritchey
directed to the Sheriff of Pettis County, Mo. and Cause Continued.
Merchants Bank
vs
G.W. Short Etal
Civil Action
Leave granted Sheriff to amend (can’t read).
S.A. Martin
vs
(Can’t read)
Defendant files motion for (can’t read) cause.
The State of Missouri to the use of Crow McCreary etc
vs
Pleasant M. Cox
Leave granted Plaintiff to amend petition Whereupon plaintiff files
affidavit and Bond for Attachment, which Bond is by the Court
approved and writ of Attachment ordered to issue on this cause.
The State of Missouri to the use and for the benefit of Wayman Crow,
Phocion R. McCreery, Wm. H. Hargadine, George D. Appleton & Hugh
McKillrick
vs
Pleasant M. Cox
Civil Action on Bond
Now at this time comes said Plaintiff by their Attorney and it
appearing to the Court
Page 287:
March Term 1867
Regular Term Saint Clair Circuit Court March 1867
here that the said Defendant cannot be summoned to this action, it
is therefore ordered by the Court that Publications be made
notifying said Defendant Pleasant M. Cox, that an action has been
commenced against him in the Circuit Court of Saint Clair County,
Missouri, by Petition and Attachment, founded on a Bond, Executed to
the State of Missouri, by the said Pleasant M. Cox, in the penal sum
of Twenty five Thousand Dollars, as administrator of the Estate of
G.P. Nash, Deceased, Conditioned, for the faithful performance of
the duties, of said administrator according to the laws of the State
of Missouri, said Bond being dated 31 day of April 1860. And the
Conditions of which the Plaintiff herein (can’t read), have been
violated, and he has sustained damages whereby, to the amount of
Thirty two Hundred and fifty Dollars, together with interest, for
which he asks payment and that his property has been attached, and
that unless he be and appear at the next Term of this Court to be
begun and holden at the Court House in the Town of Osceola County of
Saint Clair and State of Missouri, on the Fifth Monday after the
second Monday in August next (1867) 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 and plead answer or demur to Plaintiff petition
the same will be taken as confessed, and Judgment rendered, and his
property sold to satisfy the debt, Damages, and cost and it is
further ordered (can’t read) Osceola Herald a newspaper printed and
published in the City of Osceola, Saint Clair County, Missouri, for
four weeks successively, the last insertion thereof to be at least
four weeks next before the first day of the next term of this Court.
Now at this time comes thus Elias Disney, Sheriff into court for the
County of Saint Clair and State of Missouri, and offers a deed
Executed by himself as such Sheriff, (can’t read) Hughes for the
following Described Real Estate lying and situate in the County and
State aforesaid, to wit: (Can’t read).
David T. Short
vs
David Huffman
Action on Notes
Now at this time comes the said Plaintiff by his Attorney, and it
appearing to the Court here from an affidavit of W. Graham one of
the Publishers of the Osceola Herald, a newspaper printed and
published in the County of Saint Clair
Page 288:
March Term 1867
Regular Term Saint Clair Circuit Court March 1867
March 28
State of Missouri, that said Defendant has had due notice of the
Pending of this action against him by Publication in said Paper for
four weeks, successively the last insertion thereof, for being at
least four weeks next before the first day of this term of the
court, and being solemnly called comes not but herein makes default,
nor has he nor any one for him filed any answer herein, whereby this
action remains against him wholly undefended, And this action being
founded on a promissory note for the direct payment of money,
wherefore plaintiff ought to recover And the Court doth find from an
instrument of writing filed herein, that said Defendant does owe and
stand Justly indebted to said Plaintiff in the sum of $155.32 for
her Damages. And it further appearing to the Court from the Return
of the Sheriff of Saint Clair County that he did on the 17th day of
February 1866, by virtue of and in and obedience to a writ of
Attachment issued herein, attached of the right title interest and
Estate, of the said Defendant William W. Huffman, in and to the
following described Real Estate, lying being and situate in the
County of Saint Clair, in the State of Missouri, to wit: E ½ SE Sec.
11, E ½ NE Sec. 11, NE NE Sec. 12, T 37 Range 25. It is therefore
ordered adjudged and decreed by the Court that the said Plaintiff
have and recover of and from the said Defendant William H. Hoffman
the said sum of One hundred and Eighty five Dollars for his Debt and
damages as well also, as his cost and charges in this behalf laid
ouit and Expended and that he have therefore Special Execution to be
levied upon the above described and attached property and that the
same be sold to satisfy said Debt, damages, and Cost as aforesaid.
10%
Ordered that Court adjourn until tomorrow morning 9 O’clock.
B.H. Emerson C. Judge.
Page 289:
March Term 1867
Regular Term Saint Clair Circuit Court March Term 1867.
March 29 Friday morning March 29, 1867.
Court met pursuant to adjournment.
Present as yesterday.
John B. Hutton
vs
J.C. Holland
Civil Action.
Defendant files Answer.
Jabel Brown
vs
B. F. Snyder
Civil Action.
Plaintiff files Reply to Defendants amended and Sufficient answer.
William B. Robinson
vs
Joseph Rodgers
Civil Action
Motion to suppress Depositions filed.
Bridge Beacher A.
vs
R.C. Vaughn
Civil Action
Now at this day comes the Plaintiff by his attorney and files his
amended affadavitt for attachment in this cause.
Bridge Beacher A
vs
R.C. Vaughn
Civil Action
Defendant files plea (Can’t read)
(Can’t read)
vs
Zachariah Seller, J.F. Weidemeyer, Mary & William McClain, admr of
the Estate of J. McClain Dec’d.
Civil Action
Now at this day comes the said Plaintiff by his attorney and says he
will Dismiss this action as to the aforesaid Mary and William
McClain, administrators of the Estate of J.F. McClain Deceased. And
it appearing and being shown to the Court by the Return of the
Sheriff of Saint Clair County that the Defendant Zachariah Sellers
has been duly served with process more than fifteen days before the
firs day of this term of this Court and the said Defendant (can’t
read) present and it appearing in Court by his Attorney having
Page 290:
March Term 1867
Regular Term Saint Clair Circuit Court March 1867
March 29 to file any answer or other plea whereby this suit, remains
as to him wholly undefended. And the said Defendant John F.
Weidemeyer having appeared by his attorney and filed his Answer to
Plaintiff petition, And all the parties being present and announcing
themselves ready for trial the said cause is by consent referred to
the Court. And this being an action founded on a promissory note for
the direct payment of money whereby the amount which the Plaintiff
ought to recover of and from the Defendants is ascertained. It is
Considered and adjudged by the Court that the said Plaintiff have
and recover of the said Defendant the sum of Two thousand Eight
hundred and Sixty two Dollars and fifty Cents for his Debt, and the
sum of One Thousand Six hundred and Eighty nine Dollars, and sixty
nine cents for his Damages together with his cost and charges in
this behalf laid out and expended. And that Execution come therefore
after the period of Six months. 10%.
The State of Missouri by relation and to the use of James Cole
vs
Jonathan Culbertson, A.B. (Can’t read), John A. Culbertson, J.C.
Culbertson, T.T. (can’t read) Debts
Civil Action
Now at this day comes the said Plaintiff by his attorney and say he
will no further prosecute this suit against the said Defendants J.C.
Culbertson and T.T. (can’t read) but voluntarily Dismisses the same
as to them.
Page 291:
March Term 1867
Samuel G. Reed and W.H. Markham
vs
Waldo P. Johnson
Now on this day comes the said Plaintiff by his attorney (can’t
read)
Page 292:
Regular Term Saint Clair Circuit Court March 1867
(Description of land, page is very faint on microfilm)
Page 293:
Regular Term Saint Clair Circuit Court March 1867
March 29
Stephen P. Baker
vs
Walter Sanders
Civil Action for Damages
Leave given Defendant to file answer to charges before the next Term
of this Court.
W.P. Wall
vs
George Seward & Enoch Weaver
Civil Action
Dismissed and cost divided.
George S. Yeater
vs
William Yeater
Civil Action etal and (can’t read)
Donald Martin
vs
(Can’t read)
Civil Action
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