Proceedings of the February 1874 Term of the Dearborn County, Indiana Circuit Court appeared in:
Aurora Farmer and Mechanic – 12 Feb 1874 – Page 4, Column 4
Circuit Court.
Omar F. Roberts, Judge.
State of Indiana vs. Elias F. Tenney, assault and battery; dismissed by prosecutor.
Same vs. Geo. Lamping, riot; dismissed by prosecutor.
Same vs. same, assault and battery; continued.
Same vs. Elias F. Tenney, official negligence; dismissed.
Same vs. Wm. Bryant, assault and battery; plead guilty and fined $5.
Same vs. Wm. Bryant and Edward Barrett, attachment for contempt; dismissed.
Same vs. Anna Meunsch, provoke; dismissed.
Same vs. Benj. Blue, obstructing highway; dismissed.
John J. Davis vs. I. & C. Railroad; finding for plaintiff, $57.82.
R. D. Brown, administrator, vs. P. Held; judgment.
Jos. H. Burkham vs. Jas C. Smith, claim; attachment.
Mary A. Vail vs. Hiram Clark, writ of replevin.
Peter Walter vs. Louis Fisk, note; dismissed.
Atlanta Carbaugh vs. Simon Carbaugh, divorce; granted.
Milton Taylor vs. Geo. Griffin, note for $273.57; judgment.
Ed. Hayes vs. Danl. M. Guard et al, note for $1,350; judgment.
Henson D. Moore vs. Ann Bayley et al, account; judgment for plaintiff.
First National Bank of Lawrenceburgh vs. Ezra Guard et al, not for $221; judgment for plaintiff.
Same vs. Geo. S. Wymond, note for $50; judgment for plaintiff.
Same vs. Lawrence C. Dailey and wife, on note; judgment for plaintiff.
Same vs. James C. Martin and Jos. H. Guard, note; judgment for pltff.
Same vs. James C. Hayes and James C. Martin, note for $4,015.75; judgment for plaintiff, and $105 allowed Schwartz as a reasonable attorney fee.
Same vs. James C. Martin, not for $5,836.87; judgment for plaintiff.
Wm. H. Conaway vs. Mary J. Conaway; dismissed at cost of plaintiff.
Jacob Seasonwood et al vs. James Muir, for costs; judgment for defendant.
Jacob Kiger et al vs. Truitt & Miller; under advisement.
Lizzie A. Hardesty vs. O. & M. R. R.; tried by court and under advisement.
Mary E. Schlicht vs. Geo. Schlicht; dismissed at plaintiff’s cost.
Wm. Pate vs. Frank Muescha; dismissed.
Mary A. McCullough vs. John McCullough, divorce; dismissed at plaintiff’s cost.
Samuel Brackenridge vs. Purnel A. Tanner; judgment for plaintiff.
James M. Rumsey et al vs. Albert Chambers et al; judgment.
E. G. Burkham et al vs. E. B. Hayes et al; dismissed at plaintiff’s cost.
Wm. Seth vs. Nancy Seth, divorce; granted.
Hanson D. Moore vs. A. P. Cady and McClure; McClure defaulted.
Albert D. Jackson vs. A. A. Helfer; judgment for defendant.
John Gutzwiler vs. Michael Egner et al; judgment for plaintiff for $428.80 and costs.
Mary Barrett vs. David Barrett, divorce; defendant defaulted.
State of Indiana vs. Jacob Gebhart, assault and battery; plead guilty and fined two dollars.
Thos. Spignell vs. Geo. Held; dismissed at plaintiff’s cost.
Mary Baydall vs. Wm. Buffington Jr.; judgment for plaintiff.
State of Indiana vs. Mary A. Madigan, selling on the Sabbath; tried by jury, and fined five dollars.
State vs. Ritter, for malicious trespass, tearing down fence; acquitted.
Aurora Dearborn Independent – 12 Feb 1874 – Page 2, Column 1
CIRCUIT COURT REPORT.
Before Judge Roberts.
Court met on Monday of last week. Since the meeting of Court the following causes have been disposed of:
No. 156—R. H. Givan & Co. vs. Ben. Plummer, Administrator of Manliffs. Claim dismissed for want of prosecution.
No. 178—Robert H. Givan vs. same estate. Dismissed for want of prosecution.
No. 198—Geo. W. Terrell vs. Rudolphs estate. Claim allowed $255.50.
No. 200—Trustees of Christian Union Church vs. S. Franklin’s estate. Dismissed for want of prosecution.
No. 199—Strawder Cheek vs. Rudolph’s estate. Claim of $453.20 allowed.
No. 209—Warren Tebbs vs. Yerker’s estate. Claim $10 allowed.
No. 219—James C. Martin vs. Walter Hayes’ estate. Claim dismissed.
No. 686—State vs. E. F. Tenney. Indictment for official negligence. Nol Pros. by the prosecutor.
No. 722—State vs. Bryant and Barrett. Contempt. Nol Pros.
No. 735—State vs. Anna Munch. Provoking an assault. Nol Pros.
No. 744—State vs. Ben Blue. Obstructing highway. Nol Pros.
No. 846—State vs. Gebhardt. Indictment for assault and battery. Plea of guilty and fine of $2 and costs.
No. 1809—J. P. I. Davis vs. I. C. & L. Railroad Co. Trial by the Court, and judgment for plaintiff, for $28.92. This was an action to recover for wood sold the company.
No. 80—William A. Conaway vs. Mary J. Conaway. Action for Divorce. Dismissed for want of prosecution.
No. 93—Jacob Seasongood vs. James Muir. Action on note. Dismissed at plaintiffs costs.
No. 102—State ex rel H. D. McMullen vs. The Auditor of Dearborn Co. This was an action to recover compensation for services as Attorney for the State in the Cheek case at Brookville. A demurer was sustained by the Court to the complaint, and the plaintiff refusing to plead further, judgment was rendered in favor of defendant. Appealed to the Supreme Court.
No. 278—Joseph Warner vs. Spidel. Appeal dismissed. The case came up from a Justice in Centre township.
No. 307—M. E. Schlicht vs. Geo. J. Schlicht et als. Civil action. Cause dismissed at plaintiffs costs.
No. 325—Wm. Pate vs. Frank Mancher. Appeal from Justice dismissed at defendants costs.
No. 382—S. B. Brackenridge vs. P. A. Tanner. Appeal from Justice by defendant dismissed at his costs.
No. 398—Thomas Spicknall vs. Geo. Held. Attachment. Cause dismissed by plaintiff.
No. 399—A. D. Jackson vs. A. A. Helfer. Action on account. Dismissed at plaintiffs costs.
No. 425—E. G. Burkam et al vs. Erastus B. Hayes et al. Action on note. Dismissed.
No. 452—Peter Walter vs. Louis Fisk. On account. Cause dismissed.
No. 471—H. D. Moore et als vs. Ann Bogly et als. Foreclosure and judgment.
No. 476—R. D. Brown, administrator of N. H. Torbet, vs. P. H. Held. Judgment for $69.90 on note.
No. 744—The First National Bank of Lawrenceburgh vs. Ezra Guard et als. Judgment on note for $421.65.
No. 487—Same vs. James Martin et als. Judgment on note for $671.67.
No. 488—Same vs. James C. Hayes et als. Judgment on note for $4,120.07.
No. 489—Same vs. J. C. Martin et als. Judgment on note for $5,936.87.
No. 455—Mary Baydoll by her next friend, John Burghahl, vs. Wm. Buffington Jr. dismissed by the plaintiff at her costs.
The State vs. William Bryant. Provoking an assault. Plea of guilty, and a fine of $2 assessed.
State vs. Mary Madigan. Indictment for selling on Sunday. Trial by Jury. Verdict of guilty and fine of $5 assessed.
The State vs. Mrs. Mary Ritter. Information for malicious trespass. The defendant was charged with pulling down a board fence in Cochran belonging to J. D. Stanford. Trial by jury. The testimony disclosed the fact that the fence in question was built across an alley. Verdict of the jury—“Not guilty.”
The State vs. Einsensmoocher. Information for disturbing a religious assembly called the “Free Methodist,” a society in Lawrenceburgh. The evidence disclosed the facts that when those people were singing and praying the defendant who was in an adjourning room, amused himself by hallowing, dancing, cat-calling and pounding on the wall with a tin pan. The case was tried by the Court, who fined the defendant $25, and costs, being the full extent of the law.
The State vs. Landen. Same charge. Trial by the Court, finding of guilty, and a fine of $20 was inflicted.
The Petit Jury for this term, as empaneled on Monday, is composed of the following gentlemen: J. D. Johnson, A. D. Hopping, Wm. McMullen, David Pritchard, Geo. W. Hall, Jerome Ellis, Armitage Morgan, Martin Buchart, John A. Cole, Thomas Darling, Charles Bowton, Michael Boll.
Aurora Farmer and Mechanic – 26 Feb 1874 – Page 4, Column 4
Circuit Court.
Omar F. Roberts, Judge.
Reported by G. W. Mendell, Attorney, Lawrenceburgh, Ind.
No. 99. Michael Fichter vs. Otha Hayes, attachment; tried by court; judgment for $122, and judgment for costs of attachment against plaintiff.
219. Frederick New house vs. Wm. Coxen and Robert Duck; action on contract; tried by jury; verdict rendered for $42 for plaintiff.
247. Franklin Life Insurance Company vs. Adam Herdegen; appeal; dismissed by plaintiff.
249. Robert Duck vs. Fred. Newhouse and Wm. Coxen; action on contract; stricken from the docket at plaintiff’s cost.
260. Jacob Seasongood et al vs. Jno. M. Hoover; proceedings supplementary to execution; dismissed by plaintiff, with leave to withdraw papers.
269. Thos. Wallace vs. Robt. Duck; action on account; trial by jury; verdict for plaintiff for $16.50.
369. Frank Skelton vs. John B. Garnier; on an agreement; dismissed by plaintiff.
444. Laughery Turnpike Company vs. Jane E. Lynn and Eva Lynn; appeal; change of venue from Judge.
448. The Cincinnati, Indianapolis, and Lafayette Railroad Company vs. Alfred A. Phillips; attachment; judgment against defendant by default.
448A. Richard H. Goodman and Francis W. Taylor vs. Alfred A. Phillips; claim filed under 448; defendant defaulted.
448B. John B. Garnier vs. same defendant; claim filed under 448; defendant defaulted.
448C. Henry Wesler vs. same defendant; claim filed under 448; defendant defaulted.
448D. Fred Wesler and Christ. Wesler vs. same defendant; claim filed under 448; defendant defaulted.
448E. James H. Swope and Nimrod Lothen vs. same defendant; claim filed under 448; defendant defaulted.
448F. Leonard Seimantel vs. same defendant; claim filed under 448; defendant defaulted.
448G. James Burke vs. same defendant; claim filed under 448; defendant defaulted, and judgment for plaintiff for $46.35.
448H. James McKinner vs. same defendant; claim filed under 448; defendant defaulted.
448I. Alex. Beckman vs. same defendant; claim filed under 448; defendant defaulted.
448J. Godfrey Holterhoff vs. same defendant; claim filed under 448; defendant defaulted.
448K. John B. Garnier and Edwin B. Dobell vs. same defendant; claim filed under 448; defendant defaulted.
448L. Daniel M. Skinner vs. same defendant; claim filed under 448; defendant defaulted.
448M. M. Gurnsey, Y. Roots, Albert E. Smith, and Edward D. Moore vs. same defendant; claim filed under 448; defendant defaulted. All of the above claims, except James Burke’s were assigned and transferred to Godfrey Holterhoff, who obtained a total judgment for $15,027.45.
451. Jacob Troutman vs. Louis Weitzel and the I. C. & L. Railroad Company; to recover personal property; dismissed.
453. Rose Ann Rumsey and John Rumsey vs. Wm. Brewington; slander; dismissed by plaintiffs, with leave to withdraw papers.
456. Wm. H. Israel vs. Alanson R. Wells; on an account; motion by Israel to remand cause back to Switzerland county; overruled.
477. Robert D. Brown, administrator, &c. vs. Philip H. Held; on note; tried by Court; judgment for plaintiff for $377.25.
479. Daniel Chidester vs. George Becker et al; foreclosure; defendant defaulted; judgment of foreclosure and for $1,847.47.
Letitia McClure vs. Isaac Stevens; action in replevin; on trial before jury when we went to press.
Aurora Dearborn Independent – 26 Feb 1874 – Page 2, Column 2
CIRCUIT COURT REPORT.
Before Judge Roberts.
Since our last report a good deal of business has been disposed of. We are informed by gentlemen of the bar that after this term, the business will be disposed of at each term.
No. 193—Dan. H. Miller vs. S. A. Vail’s estate. Claim for $49 on account. Trial by the court, and $32 allowed.
No. 205—W. H. Conn vs. James Bailey’s estate. Dismissed for want of prosecution.
No. 260—Jacob Seasongood vs. John M. Hoover. Dismissed by plaintiff’s attorney.
No. 270—Kiger & Smith vs. Truitt and Miller. Action on agreement. Judgment for $126 against Miller and for $297.03 against Truitt. Miller was surety for Truitt.
No. 369—Frank Skelton vs. John B. Garnier. Action on agreement. Dismissed at plaintiff’s costs.
No. 389—John Feierstien vs. Appolonia Feierstien et als. Action to quiet title. Judgment for plaintiff.
No. 407—Geo. R. Duckworth vs. W. B. Smith. Attachment proceeding. Dismissed by plaintiff at his costs.
No. 428—Mary Barrett vs. David Barrett. Action for divorce. Trial by court (J. D. Haynes on the bench.) and judgment of divorce for plaintiff, custody of child and $800 alimony.
No. 453—Rose Ann Rumsey et als vs. Wm. Brewington. Slander. Dismissed by plaintiff, in order to bring another action.
No. 460 ½–Atlanta Carbaugh vs. Simon Carabaugh. Petition for divorce on ground of adultery. Divorce granted.
No. 463—William Seth vs. Nancy Seth. Action for divorce on the ground of adultery. Divorce granted and custody of children awarded plaintiff.
No. 477—R. D. Brown, administrator of Dr. Torbet’s estate vs. Elijah Huffman. Action on note and account. Judgment for plaintiff for $350. Trial by the court.
No. 479—Daniel Chidester vs. Geo. Becker et als. Foreclosure of mortgage and judgment for $1,847.47.
Lewis Feik vs. The State, the Clerk, Sheriff, and Prosecuting Attorney. This was an injunction proceeding to enjoin the collection of a fine and costs inflicted for selling under the old liquor law, the case having been tried after the taking effect of the liquor law of 1873. The said Felk held a license under the old law and violated it by selling to minors. The injunction was granted, because the Supreme Court have recently held that the new law repeals the old one, and that notwithstanding an individual may hold a license under the former, he is nevertheless subject to the penalties of the latter act. Injunctions were granted Henry Rief and Peter Pfalsgraff in similar cases.
No. 211—R. H. Vendelan vs. the estate of James Bailey. The case was dismissed for the want of prosecution at plaintiff’s costs.
No. 212—Hiram Burton vs. Bailey’s estate. Dismissed for want of prosecution.
No. 243—Charles Larobee vs. Bailey’s estate. Dismissed for want of prosecution.
No. 219—Robert Duck vs. Fred Newhouse. Proceeding to settle partnership accounts. Trial by jury, resulting in an order that each party be paid a certain amount out of the assets of the partnership.
Fred. Newhouse vs. Robert Duck. Dismissed at plaintiff’s costs.
Franklin Life Insurance Co. vs. Adam Herdegan. Action to recover on premium note. Dismissed at plaintiff’s costs.
Thomas Wallace vs. Robert Duck. Trial by jury and judgment for plaintiff for $16.50. This case was appealed by defendant, from a Justice of the Peace. This was the exact sum recovered by plaintiff before the Justice.
Aurora Dearborn Independent – 5 Mar 1874 – Page 2, Column 3
CIRCUIT COURT REPORT.
Before Judge Roberts.
No. 269—Thomas Wallace vs. Robert Duck. New trial granted.
No. 271—Liticia McClure vs. Isaac Stevens. Replevin of fanning mill. Trial by jury and verdict for plaintiff and $10 damages.
No. 274—Michael Honan and wife vs. Michael Maloney. Action to recover damages for assault and battery on Honan’s wife. Trial by jury, finding and verdict for defendant, Maloney. This case attracted a good deal of attention during its progress and the result is generally approved.
No. 277—Jacob Bloom vs. William Eckels. Suit for damages in driving wagon against plaintiffs buggy in the public highway resulting in injury to the person and buggy of plaintiff. Trial by the jury. Judgment for defendant.
Aurora Dearborn Independent – 12 Mar 1874 – Page 3, Column 3
CIRCUIT COURT REPORT.
Before Judge Roberts.
No. 290—Hanson D. Moore et als. Vs. Andrew P. Cady et als. Trial by court, and judgment of foreclosure and for $1,476.32.
No. 294—Thomas J. Weaver et als vs. Strawder Cheek and Eber Sherman. Action on Commissioners bond to sell land. Trial by court and judgment for plaintiff for $167.83.
No. 305—Lizzie A. Hardesty vs. The O. & M. Railway Co. Action to recover value of goods lost in transportation. Trial by jury and judgment for plaintiff for $87.50.
No. 464—J. W. Lamberton et als vs. Samuel Walker et als. Dismissed by plaintiff with leave to withdraw the papers in the case.
No. 309—Mary Powers vs. Louis Hayes. Breach of marriage promise. Dismissed for want of prosecution.
No. 211—R. H. Vandelann vs. Estate of James Bailey. Claim reinstated on the docket. Trial by the court and $102 allowed.
No. 129—B. F. Mulford vs. O. & M. Railway Co. Claim for stock killed. Judgment for argument for $26.00, including costs before the justice and in this court.
No. 462—State on relation of Thomas W. Grubbs vs. Edward and James Grubbs. Action on bond. Trial by court and judgment for plaintiff for $89.35.
No. 310—Henry Nowlin vs. John Groban. Action to recover possession of horse. Trial by jury and finding for plaintiff and $3 damages for the unlawful detention.
No. 319—City of Aurora vs. Thomas Lindsay. Charge, disorderly conduct. Dismissed at defendant’s costs.
No. 320—City of Aurora vs. Thomas Lindsay. Same charge. Dismissed as in above case.
Aurora Dearborn Independent – 19 Mar 1874 – Page 2, Column 1
CIRCUIT COURT REPORT.
Before Judge Roberts.
No. 417—Thomas L. Chisman vs. Elias Chisman. Appeal from Justice Canfield, and an action for the settlement of accounts between the parties. Trial by jury and verdict for plaintiff for $120.
No. 422—Sophia Wanke et als vs. Jason Pierce. Action instituted before a justice of the peace to recover the possession of real estate. Cause dismissed on motion, because the justice had no jurisdiction of the cause of action.
No. 184—John Billingsley vs. Joseph Vinson’s estate. Claim allowed of $925 at cost of claimant, he not having filed his claim within one year after the taking out of letters of administration.
No. 387—The City of Aurora vs. John Quigley. Action to recover penalty for violating ordinance of the city of Aurora, in assaulting and beating Mary Honan. Trial by jury and verdict for the city for $1 and costs. The case was tried twice before the Mayor, which, together with the costs in this court will cause them to amount to about $150.
No. 446—The State of Indiana on the relation Keziah A. Davis vs. Enoch Hayes. Bastardy. Dismissed at plaintiff’s costs.
No. 396—F. A. York vs. Dexheimer. Dismissed at plaintiff’s costs.
No. 470—Edward Hayes vs. David M. Gaurd et als. Suit on mortgage. Judgment of foreclosure and for $1,327.17.