State of
Vs
Duncan D. Lunsford,
Supreme Court of
Supreme
Court of Missouri – Supreme Court Case Files
Supreme
Court Records of
Proceeding:
Criminal
Disposition:
Unknown
Cause
of Action: Trespass
Case
Summary: Circuit Record Shows Trespass on
State
of
1851,
Record
of the pleas and proceedings, Orders and Judgments of the Circuit Court of the
County of Stoddard in the Tenth Judicial Circuit of the State of Missouri, began
and held at the Court House in the Town of Bloomfield in Stoddard County and
State of Missouri on Monday the Seventeenth day of September in the Year of Our
Lord Eighteen hundred and forty nine, before the Honorable Harrison Hough,
Judge of the Circuit Court of the Circuit aforesaid.
Be
it remembered that on this 22nd day of September A. D. 1849, in the
Circuit Court for said County of Stoddard before the Honorable Harrison Hough
Judge, among others the following proceeding were had, To wit;
Stoddard
Circuit Court September Term A. D. 1849,
September
22nd A. D. 1849, 6th day of the Term.
The
Grand Jury returns here into Court the following bill of Indictment, To wit;
The
State of
Versus Indictment
for Trespass on
Dunkin
D. Lunsford
A
True Bill
Which said Indictment is in the words and
figures following, to wit:
State
of
In the Circuit Court for the
The
Grand jurors of the State of
Samuel
A. Hill
I,
Terry Poe, foreman of the Grand Jury do hereby certify that the foregoing bill
of Indictment against Dunkin D. Lunsford is a true bill.
Given under my hand this
the 20th day of September A. D. 1849.
Terry
Poe, Foreman
And afterward, to wit, on the said 22nd
day of September A. D. 1849 in the Circuit Court of said County of Stoddard,
before the Honorable Harrison Hough, Judge, the following proceeding were had
in same cause, to wit;
The
State of
Versus Indictment
of Trespass on
Dunkin
D. Lunsford
The Circuit Attorney comes and in his motion
it is ordered that a capias _______ against the said defendant, and this cause is continued to the next Term of
this Court.
And afterwards, to wit, on the 21st
day of March A. D. 1850, in the Circuit Court of said
Stoddard
Circuit Court March Term A. D. 1850
March
21st A. D. 1850, 4th day of the Term.
The
State of
Versus Indictment
for Trespass in
Dunkin
D. Lunsford
And now comes the Circuit Attorney and on
his motion it is ordered that the Surveyor of Stoddard County make Survey of the
premises in question, and that he return a plat and notes of said Survey to
this court at the next Term thereof to which Term this cause is continued.
And afterwards, to wit, on the 16th
day of September A. D. 1850, in the Circuit Court of said County of Stoddard,
before the Honorable Harrison Hough Judge, the following proceedings were had
in said cause, to wit;
Stoddard
Circuit Court September Term A. D. 1850
September
16th A. D. 1850, 1st day of the Term
The
State of
Versus Indictment
for Trespass on
Dunkin
D. Lunsford
The Circuit Attorney comes, and the Surveyor
having failed to execute the order of Survey made in the cause. It is therefore ordered that the Surveyor
show cause on or before the first day of the next Term of this court why he had
not executed said order of Survey. And
the said Surveyor comes into court and says he had not been furnished with the field
notes of the boundary of the land mentioned in the Indictment in this cause,
and therefore can not execute said order and whereupon it is ordered that said
Surveyor be discharged from making further answer to said rule, and the order
of Survey made at the last Term of this court is reversed, and this cause is
continued to the next Term of this court.
And
afterwards, to wit, on the 17th day of March A. D. 1851, in the
Circuit Court of said County of Stoddard, before the Honorable Harrison Hough
Judge, the following proceedings were had in said cause, to wit;
Stoddard
Circuit Court March Term A. D. 1851
March
17th A. D. 1851, 1st Day of Term
The
State of
Versus Indictment
for Trespassing on
Dunkin
D. Lunsford
The
Circuit Attorney comes and the Surveyor having failed to execute the order of
Survey made in this cause, it is therefore ordered that he be summoned to
appear before the court, and show cause why he had not executed said order of
survey, and the said Surveyor comes into court and says he had not been
furnished with the field notes of the boundary of the land mentioned in the
indictment in this cause, and therefore could not execute said order. Whereupon it is ordered that said Surveyor be discharged from making further answer to said Rule, and this
cause postponed until tomorrow morning at the Cost of the State.
And
afterward, to wit, on the 19th day of March A. D. 1851, in the
Circuit Court of said County of Stoddard, before the Honorable Harrison Hough
Judge, the following proceedings were had in said cause, to wit;
Stoddard
Circuit Court March Term A. D. 1851
March
19th A. D. 1851, 3rd day of the Term
The
State of
Versus Indictment
for Trespass on
Dunkin
D. Lunsford
The Circuit Attorney and the said defendant
comes, and on Motion of the Circuit Attorney this cause is continued to the
next Term of this court – Whereupon on motion of said defendant, it is ordered
that he be discharged from said Indictment, to which order the Circuit Attorney
excepts, and prays an appeal to the Supreme Court which is granted.
State
of
I, Reuben P. Owen, Clerk of the Circuit
Court within and for the
In
Testimony whereof, I have hereunto set my hand and affixed the Seal of said
Circuit Court, at office in the Town of Bloomfield County and State aforesaid,
this 21st day of August A. D. 1851.
Reuben P. Owen, Clerk
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Transcribed
by Debbie Lunsford Yates,
Return to Judgements &
Claims Index
© Deborah Lunsford Yates, 2000 – 2005
Saturday,
September 10, 2005
