Switzerland County Circuit Court – October 1859

Switzerland County, Indiana Circuit Court proceedings for October 1859 appeared in:
The Indiana Reveille – 9 November 1859 – Page 2, Column 1.

SWITZERLAND CIRCUIT COURT—OCTOBER TERM, 1859.

Mr. Waldo:–As since the publication of the proceedings of our Court which appeared in the REVEILLE some time since, many of your readers have expressed a desire that I should continue to publish the proceedings, I therefore enclose you herewith a statement of the disposition made of all the cases docketed for trial at the October Term, 1859, of the Switzerland Circuit Court, Hon. J. W. Chapman, presiding.

The following members of the Bar from other places were in attendance, viz: Judges Sullivan and Stevens, Hon. Wm. McKee Dunn, H. W. Harrington and George W. Richardson, Esqs., of Madison; Judge Downey and J. S. Jelley, Esq., of Rising Sun; Philip Spooner, Esq., of Madison, Wisconsin; Benjamin Spooner and Carter Gazley, Esqs., of Lawrenceburgh; Jas. A. Works, Esq., of Allensville, and Messrs. Bela Herrick and Jason G. Gurley, of Patriot.

As you will perceive, a large amount of business was transacted.

The Grand Jury found no bills of Indictment.

Very respectfully yours, &c.,
OLIVER ORMSBY, Clerk.


STATE DOCKET.

State vs John W Leonard and Lewis W Krutz—Kidnapping—continued.

Same vs Richard Gaines—Assault and battery, with intend to murder—continued.

Same vs J M J Hockersmith—Perjury—continued.

Same vs Ryall B Wilcox—Grand Larceny—dismissed.

Same vs Samuel Mead—Murder—continued.

Same vs Elisha C Sprague—Perjury—Resognisance [sic – Recognizance] forfeited.

Same vs Same—Do.

Same vs Jason G Gurley—Rape—continued.

Same vs William Richards—Murder, 2d degree—continued.

Thomas G Rowland vs Geo Tardy and Samuel W Howard et al—for money—continued.

Micajah G Moss vs J W Howard et al—to recover real estate—continued.

John D Jones & Co vs Oliver Dufour et al—on note—continued.

Wiliam H Price vs Amelia Folbre et al—To revive judgment—continued.

Jane E Peelman vs Christopher Peelman—Divorce—continued.

Benjamin Smith et al vs William R Wiley et al—To set aside Guardian’s sale—Judgment for defendants for costs.

Scott Carter, Admr &c of Geo W Craig, dec’d, vs Wm H Kelso et al—To revive Judgment—Judgment for plaintiff for $85.80.

Benj Sebastian, adm’r, &c., vs John L Thiebaud, Guardian of F B O’Neil—Dismissed at Plaintiff’s costs.

Cyrus Reed and Martha Reed vs Samuel Culbertson—To recover real estate—judgment for defendant.

John and Martha Clendenning vs Hiram Parker—Motion for leave to issue execution—judgment for plaintiffs for $52.37.

John I French vs John Bodle—to recover real estate—new trial—dismissed at plaintiff’s costs.

Elihu Owens vs Martha Owens—Divorce—defendant made default, and case continued.

Jacob Cooper vs James Thurston and wife—to recover real estate—dismissed at plaintiff’s costs.

George W Sprague vs Nancy J Sprague—Divorce granted.

Bela Herrick vs The Trustees of Patriot—Mandate—continued.

George Hall et al vs Isaac Nash et al—For real estate. Tried by jury; verdict for pltffs, $278.00; verdict set aside by the Court, and a new trial granted.

Eli H. Dunn vs Samuel Fisk—on Note—Continued at plaintiff’s costs.

Thomas Shehane vs Mary Shehane; Divorce; Case dismissed.

George L. Buck vs Peter Smith et al; To correct mistake in deed; continued for process.

George H Kyle vs Harwood & Doan; appeal from J. P., for possession of real estate; verdict for plaintiff for possession of property and damages, $46.66; motion for new trial overruled, and appealed to Supreme Court.

Kellogg & Foote vs Silas Q. Howe; on Note; Judgment by default for pltffs, $1,122.22.

Isabella Musser vs John Musser; Divorce; Continued for service of process.

William Vaughan vs William & Evan Sample; on Note; judgment by default for $139.10.

Abram Peters vs Jacob J Wakefield et al; to foreclose mortgage; transferred to Common Pleas Court.

Trustees of Patriot Lodge No. 9, IOOF, vs Daniel Smith, Squire A Fletcher, Sylvanus Howe; On note; Judgment by default against Fletcher and Howe for $262.45; “Not found” as to Smith, and continued as to him.

John Lacy vs Lucinda Lacey—Divorce, granted.

Uziel H Stow v. Abraham and Jane Adkinson; to foreclose mortgage; Judgment by default for $293.05.

William Monroe vs F E Sheldon; appeal; dismissed at pltff’s costs.

Peter Smith vs Jacob H Chandler; on notes; judgment by default for $20.16.

Wm Gibson and R & C F Coffin vs Bela Herrick; to foreclose mortgage; judgment by agreement of parties, for $525.00 in favor of Gibson, and $105.65 in favor of R & C F Coffin.

Shelometh Stow vs Thomas J Vanosdol; for money; judgment by default for $161.00.

Uziel H Stow and Elisha Golay vs Abraham Adkinson, Jehiel D Hammond et al; to foreclose mortgage; judgment in favor of Stow for $310.83; and in favor of Golay for $320.90, against Adkinson & Hammond.

Ralph N Wycoff vs Abraham Adkinson et al; to foreclose mortgage; judgment against Adkinson for $322.00.

Benj Simens & Co vs Jonathan M Froman; on note and account; judgment for $586.80.

Barrier Lehenkulil vs Henry A Tinker; on acceptance; judgment by default for $73.16.

James Anderson vs Elijah Collins; slander; defendant made default; jury empaneled to assess damages; verdict $750.00.

Caby McMakin vs Jonathan McMakin; for money; judgment by default for $120.00.

Benj Simons & Co vs Bradbury J Robinson; on note; judgment by default for $170.24.

Edwin G Whitney, President of Indiana Bank, vs James H Titus, Henry McMakin, Henry Froman, Ira Lindley; on bill of exchange; judgment by default against McMakin for $3,419.20; dismissed as to other defendants.

Edwin G Whitney, President of Indiana Bank, vs Ira Lindley, Henry McMakin, Hiram Froman, Samuel Smith, and C D Conway; on bill of exchange; judgment by default ag’t McMakin for $1608.15, and case dismissed as to other defendants.

Edwin G Whitney, President of Indiana Bank, vs Joseph Dalmazzo, Henry McMakin, James H Titus, Ira Lindley, and Hiram Froman; judgment by default against McMakin for $1601.51, and case dismissed as to other defendants.

Charles Thiebaud vs Harwood & Doan, Courvoisier & Lewis, and G H Kyle; to recover real estate; dismissed at the costs of Geo H Kyle.

Samuel Russell vs Jonathan M and Juliet Froman; motion to correct mistake in decree; continued for want of process.

Oliver, Jones & Granger, vs Julius Dufour; motion for leave to insane execution; motion sustained and judgment for $535.00.

George Tardy vs Samuel W Howard, Sheriff, and others; error from Supreme Court; opinion ordered to be spread upon the records, and case docketed for trail.