Proceedings of the February 1867 Term of the Dearborn County, Indiana Common Pleas Court appeared in:
Aurora Commercial – 2 Feb 1867 – Page 1, Column 3
Common Pleas Court.
The following cases of interest have been disposed of during the present term:
Joseph Taylor vs. Emily Taylor—Divorce. Dismissed for want of prosecution.
Anne Burgen vs. William Burgen—Divorce granted plaintiff, and custody of infant child.
The Protection Insurance Company, of Goshen, Ind., has commenced suit against numerous citizens of this county, who took out policies of insurance and gave their notes. In all of them a rule of answer has been taken.
Estate of Emma Shuts vs. Estate of Wm. H. Davidson—Judgment for plaintiff for $649.
State on complaint of Anna Iden vs. William Miller—Bastardy. Judgment of Court for $350, payable in installments.
State on complaint of Amanda Morrison vs. John Judd—Bastardy. Judgment for $150—the children having been prematurely born.
Samuel Griffin vs. I. & C. Railroad—for stock killed. Change of venue to Ohio county, on application of defendant.
John T. Parker vs. I. & C. Railroad—for stock killed. Change as above.
Christena Walker vs. John P. Walker—Executor Will of Robert Walker. Petition against Executor to secure her rights under the law, instead of taking under the Will. Answer—that she is stopped from making such claim, having endorsed upon the Will her acceptance of the same. Answer sustained by Court, and judgment against plaintiff.
Margaret Monto vs. Peter A. Monto; divorce granted on account of abandonment, and custody of children awarded the plaintiff.
Hayes & Brother vs. James Miller—Question of sufficiency of service. In May last defendant purchased corn of the plaintiffs, and started on a voyage to New Orleans, since which time no intelligence has been received of his destination and fate. The service of protess was by leaving a copy at his last known place of residence. A special appearance has been entered for the purpose of determining the sufficiency of that kind of service.
Aurora Commercial – 9 Feb 1867 – Page 1, Column 2
Court of Common Pleas.
Since our last report the following cases have been disposed of:
Enoch McElfresh vs. Nancy Guard. This was a suit to determine the validity of the will of Mrs. Eliza McElfresh, and the trial occupied the greater part of the week. The jury found in favor of the validity of the will.
Sarah A. Power vs. Benj. Vail, et als. This was a suit to contest the validity of the will of the last William Tell Harris. The legatees, who were the defendants in the case, answered that Mrs. Powers, the plaintiff, had, before bringing her action, accepted a legacy, under the will of $3,000, and that she was therefore estoped to deny the validity of the will. To this it was replied that the plaintiff was the only child of the testator, and was therefore entitled to the money as heir at law—but the court held the reply insufficient and rendered a final judgment against the plaintiff.
Numerous cases were brought at this term of the court by the Protection Mutual Insurance Company, of Goshen, Ind., against various parties to collect assessments made against the defendants upon their premium notes executed to the company. A decision of the Supreme Court recently made was produced, holding that the money could not assess and collect a greater amount than was necessary to meet actual losses and expenses, and the assessments made by the Protection Insurance Company was conceded by council for the company under the decision, to be illegal, and the suits were all dismissed.
Hannah Love vs. Samuel Love.—Action on the ground of cruel treatment and drunkenness, and failure to provide for his family. A divorce was granted and $150 alimony.
The case of the city of Aurora vs. property holders on Market street, was continued until the next term.
This being the last week allowed by law for the sitting of the court, a number of cases will necessarily go over for want of time to try them. We will conclude our report of cases tried at this term next week.
Aurora Commercial – 16 Feb 1867 – Page 1, Column 2
Common Pleas Court.
The following is the conclusion of Court Proceedings of last week:
Oliver H. Liddell, Major J. W. Eggleston, and A. S. Embree, were admitted to the bar.
George Beyell was alleged to be insane, and so found. Frank R. Dorman was appointed by the Court his guardian.
Ross vs. McCoy. Action for settlement of partnership account in drug store business at Batesville. Trial by jury and verdict for plaintiff in the sum of $485. Motion for new trial was made and granted to the defendant, at his cost.
Hazlett vs. Cook. Action upon notes of hand. Trial by jury, and judgment for amount of notes, less $53.
Henry Hopken and wife vs. Henry Nolte. Action to recover money and property of the son of the wife of plaintiff, who was a minor, and who died in the army—the deceased was also a brother of the defendant. Defense, that the brother should share with the mother said property of the deceased son and brother. Trial by jury, and verdict for the mother, in that she was entitled to the entire property.