Category Archives: Ohio County Court Records

Ohio County Circuit Court Proceedings – Jun 1883

Proceedings of the June 1883 Term of the Ohio County, Indiana Circuit Court appeared in:
Aurora Spectator – 28 Jun 1883 – Page 8, Column 4

The following business was disposed of at the June term of the Ohio Circuit Court:

CRIMINAL.

State of Indiana vs. Scott Sink—assault and battery with intent to kill. Trial by jury and verdict of $5 fine and five years in the penitentiary.

CLAIMS.

A. R. Hanna vs. Estate of Dillie Hanna, $115 allowed. Lydia Hanna vs. Estate of Dillie Hanna, $63 allowed.

PROBATE.

The following guardianship reports were made and approved: Heirs of William T. Hemphill, heirs of John E. Grieve; guardianship of Araminta Palmer, and Rea and Lizzie Martin.

Estate of Jane Williams, deceased; land ordered sold.

CIVIL CASES.

Nannie C. Fallon vs. William J. Fallon. Divorce, granted.

Belle Sink vs. Scott Sink. Divorce, dismissed.

Prudence Sparks vs. Oscar Sparks. Divorce, dismissed.

State ex rel Ed. D. Moore vs. Warren West. Settled.

Margaret K. Hannah, guardian exparte. Land ordered sold at private sale.

H. D. McMullen vs. E. G. Hayes. Judgment for plaintiff for $250.

Ex. rel. Ed. D. Moore vs. E. G. Hayes. Judgment for plaintiff for $1,848.27.

Ohio County Circuit Court Proceedings – Apr 1883

Proceedings of the April 1883 Term of the Ohio County, Indiana Circuit Court appeared in:

Aurora Spectator – 5 Apr 1883 – Page 8, Column 2

The Ohio Circuit Court convened on Monday with Judge N. S. Givan on the bench. The attorneys present are Hon. A. C. Downey, J. B. Coles, R. L. Davis, S. H. Stewart, J. S. Jelley, D. S. Wilber, W. W. Williams and H. S. Espey of Rising Sun; H. D. McMullen, W. S. Holman Jr., and D. H. Stapp of Aurora, and Thos. Works, of Allensville. But little business has been reached except Probate cases. The case of J. H. Pate, et al, vs. The Rising Sun and North’s Landing Turnpike Company came up and a change of venue was granted to Dearborn County. Also the case of the City of Rising Sun vs. Samuel Seward and W. R. Seward to recover attorney’s fees.

The following are the new cases docketed for this term of court:

Belle Sink vs. Scott Sink. Failure to provide.

Prudence Sparks vs. Oscar Sparks, divorce. Failure to provide.

John B Garnier vs. Simon Bartholome et al, on note, demand $2,000. Change of venue from Dearborn County.

Alonzo Wood vs. George Goodpaster. Replevin. Appeal from Justice of Peace.

Rose Pate vs. John F. Pate Jr. Divorce. Failure to provide.

Anna M. E. Smith vs. George Aufdencamp and Louisa Aufdencamp. Proceedings supplementary to execution.

Eliza Peck vs. John B. Cole and D. S. Wilber. Demand $50 ground rent on leasehold.

Julia Jenkins vs. John D. Hunter. Demand $550. Breach of contract.

James M. Reister vs. Randolph School Township. Demand $3,000. Suit for settlement of claim due from Township.

John F. Riggs, Administrator of Estate of Matilda Merrill, vs. George I. Moore and Morris P. Merrill. Demand $3,000. Ownership of bonds in controversy.

Aurora Spectator – 12 Apr 1883 – Page 8, Column 1

Ohio County Department.
Court Report.

PROBATE.

Estate Henry E. Meyers. Report filed and exceptions thereto. Referred to a Master Commissioner.

Estate Stewart Lotton. Final report.

Estate Mahala O’Neal. Continued.

Estate John T. Whitlock Sr. Final report. Continued.

Estate James Graham. Final report.

Estate Morris P. Merrill. G. I. Moore confirmed as administrator.

Estate Matilda Merrill. John F. Riggs confirmed as administrator.

Guardianship of heirs of James M. Graham. Sarah A. Graham confirmed as administrator.

Guardianship of heirs of George J. Downey, deceased. Partial report.

Estate Wm. Gerard. R. M. Jones, administrator. Final report and administrator discharged.

Guardianship of heirs of Wayne Lostutter. Partial report.

Estate Daniel Winings. Final report.

Guardianship of heirs of Henry Loheide. Partial report.

Estate Mary J. Starkey. Final report.

Estate George Buchanan. Final report.

Guardianship of Carrie Farrell. Mrs. A. R. F. Rabb, guardian. Petition of Carrie Farrell for removal of guardian. Petition overruled.

CIVIL DOCKET.

State ex rel John G. Burgess vs. Cornelius Luther. Dismissed.

D. S. Wilber, administrator, vs. Wm. S. Buchanan. Opinion of Supreme Court entered.

Neal McGinley vs. Laura McArdle. Opinion of Supreme Court entered.

State ex rel J. M. Pate vs. james M. North. Change of venue to Dearborn County.

Kate Blair vs. James M. Blair. Dismissed at plaintiff’s cost.

Wm. H. Sullivan vs. estate of Robert Peters. Claim of $57.50 allowed.

Lizzie Lemmon vs. estate of M. A. Coshow. Dismissed.

John B. Williams vs. estate Jane Williams. Claim of $163 allowed.

Alex B. Williams vs. same. Claim of $150 allowed.

Cass Township vs. James B. Hill. Judgment on demurrer.

A. C. Downey vs. estate of Robert Peters. Claim of $250.50 allowed.

Prudence Sparks vs. Oscar Sparks. Continued.

John B. Garnier vs. Simon Bartholome. Continued.

Alonzo Wood vs. George Goodpaster. Appeal. Dismissed.

Ira McIntire vs. Samuel Dorrell. Appeal in replevin. Finding for plaintiff. One cent damage and return of property.

State vs. Scott Sink. Assault with intent to kill. Plea of not guilty entered. Bail fixed at $500.

Ohio County Circuit Court Proceedings – Apr 1880

Proceedings of the April 1880 Term of the Ohio County, Indiana Circuit Court appeared in:
Aurora Saturday News – 10 Apr 1880 – Page 5, Column 5

OHIO CIRCUIT COURT.

State vs. Robert McCrary. Carrying concealed weapons. Two cases. Nolle prosequi.

State vs. John Mitchell, Daniel Mitchell and Scott Livingstone. Assault and battery. John Mitchell fined $1 and costs, others discharged.

State vs. Peterfield Evans. Surety of the peace. Recognized in the sum of $50.

Estate of Emeline Williams, dec’d. Final report, executor discharged.

Guardianship of heirs of John F. Akers, dec’d. Citation v guard’n.

Guardianship of Thomas Gregory. Stricken from docket.

Estate of Benjamin Moulton, dec’d. Administrator ordered to sell real estate.

Estate of Steven Hastings, dec’d. Refiled and approved.

Estate of Sarah Padgett, dec’d. Adm’r ordered to sell real estate.

Estate of Mahala O’Neal, dec’d. Appointment confirmed.

Estate of Wm. Tilton, dec’d. Appointment confirmed.

Estate of Hugh T. Williams, dec’d. Appointment confirmed.

Estate of Sarah Clore, dec’d. Appointment confirmed.

Guardianship of Kate E and Wm Munroe. Report filed.

Henry F Pottebaum et al vs. Allen B. Wiltier et al. Judgment for plaintiff for $46.15.

John B. Miller vs. John Colvin et al. Partition. Commissioner’s report made and approved.

Christian Hunter et al vs. Cynthia D Fisk. Partition. Report of sale filed and approved.

Matilda Merrill et al vs. Louisa Welch et al. Partition. Sale ordered. S H Stewart, Commissioner.

Neal McGinley vs. Laura McArdle. Motion by defendant for change of venue from Court.

Mary J. Lotton vs. Wm. Gillespie. Dismissed.

Ella Walker vs. Edward Walker. Divorce granted plaintiff and custody of children.

Heyn & Bro. vs. Jas. C. Ricketts. Judgment for plaintiff $37.57.

Richard Jones, admr. vs. Jacob Weaver, admr. Dismissed.

Elizabeth H. Lewis vs. John P. Brown, ex rel. Dismissed.

First National Bank of Lawrenceburgh vs. Peter Lostutter. Verdict for defendant.

William Grace vs. J. C. Ricketts. Verdict for plaintiff $12.50.

Sarah Clark vs. Hannah Hammond. Dismissed.

Joseph Bright vs. Robert McCrary. Dismissed.

Wm. D. Burkham vs. Ezra G. Hayes. Judgment for plaintiff $9,500. Appeal to supreme court by defendant.

Ohio County Circuit Court Proceedings – Apr 1874

Proceedings of the April 1874 Term of the Ohio County, Indiana Circuit Court appeared in:
Aurora Dearborn Independent – 9 Apr 1874 – Page 3, Column 2

Ohio County Circuit Court Reports.
Before Judge Roberts.

No. 10—The Rising Sun Insurance Co. vs. C. H. Miller, Adm’r of Jas. Miller’s estate. Dismissed.

No. 17—Henry F. Pattebaum vs. McAdam’s estate. Claim of $60.00 allowed.

No. 22—Margaret Billingsly vs. the estate of James Billingsly. Claim of $609.00 allowed.

No. 16—State of Indiana vs. J. R. Crouch information for selling on Sunday. Tried by a jury and verdict of Not Guilty.

No. 18—W. H. Clark vs. I. S. Haines. Judgment of foreclosure and for $444.00.

Lydia Sedam vs. Verner Sedam. Petition for divorce. Divorce granted.

No. 239—John Zimmerman vs. Louis Koons. Action to recover realty. Judgment for possession and one cent damages. Trial by the Court.

No. 248—B. C. & H. J. Calvert vs. Henry Clement. Action to foreclose mortgage. Judgment of foreclosure and for $133.40.

No. 249—Thomas Douglass vs. Thomas Ryan. On note. Judgment for plaintiff for $742.50.

No. 256—The National Bank of Rising Sun vs. John Grace, Silas B. Fish and H. E. Meir. Action on note. Judgment for $745.44.

The case of Billingsly et al vs. Billingsly et al to contest the will of James Billingsly, deceased, came on for trial on Wednesday of last week, and is yet (Tuesday) pending. A large number of witnesses will be examined on both sides.

Ohio County Circuit Court Proceedings – Jan 1874

Proceedings of the January 1874 term of the Ohio County, Indiana Circuit Court appeared in:
Aurora Dearborn Independent – 29 Jan 1874 – Page 3, Column 3

Rising Sun-Beams.
Correspondence of the Independent.

Circuit Court completed its two week’s session on Saturday. These cases were tried.

State ex. rel. Clara D. Hunt vs. Fred. H. Tholke—Bastardy–$500.00 awarded to plaintiff.

L. D. Stanford vs. O. & M. Railway Co.—Civil action for damages–$300.00 for plaintiff.

Nelson Fisk vs. Joshua Baker—To recover real estate—The jury found for defendant in regard to the real estate, and also found that $1,490.00 was due plaintiff.

Ohio County Common Pleas Court Proceedings – Aug 1872

Proceedings of the Ohio County, Indiana Common Pleas Court for August 1872 appeared in:
Aurora Dearborn Independent – 8 Aug 1872 – Page 3, Column 2

Ohio Common Pleas.

The Rising Sun Recorder of the 3d inst. says:

An adjourned term of the Ohio Common Pleas was begun on last Wednesday, Judge Scott Carter presiding. The cases for trial are:

Joseph A. Burkham vs. The Lawrenceburg Woolen Manufacturing Company, Elijah S. Blasdel, Levin B. Lewis, Ezra G. Hayes, and Anson Marshall

George B. Fitch, administrator, vs. the same defendants

John P. Tyson et al vs. John C. Craig, administrator of Hugh Smith, deceased.

The first named case was put on its trial before a jury on Thursday. The issues formed for trial is between the plaintiff and Ezra G. Hayes. The complainant seeks to make the defendant liable for a loan of ten thousand dollars of United States 5.20 bonds made by Anson Marshall to the woolen mill in the year 1867. The counsel for plaintiff are Messrs. John D. Haynes, F. Adkinson, and John K. Thompson; for defendant, Messrs. D. S. Major, Wm. S. Holman, John Schwartz, O. D. Liddel, and S. R. Downey.

A special term of the Ohio Circuit Court was held by Judge Carter, for the hearing of what is known as the Barkshire case.

The session will probably occupy several days of next.

Ohio County Circuit Court Proceedings – Feb 1871

Proceedings of the February Term of the Ohio County, Indiana Circuit Court appeared in:
Aurora Dearborn Independent – 23 Feb 1871 – Page 2, Column 3

Ohio County Circuit Court.
RISING SUN, Feb. 20.

This Court convened on the 13th inst., Judge Hanna on the bench. “The course of true love never did run smooth,” it is said, and perhaps this will also apply to the law business. Collisions on the river and on the railroad are often heard of, but we had a collision of Judges on Wednesday. They came together, butted a while, but no particular damage was done to the machinery. For this accident perhaps the engineer is to blame. Judge Lamb appointed Judge Berkshire to hold a special term of Circuit Court to try an old State case brought over from Franklin county. It is entitled “State ex rel. McCarty vs. Pepper et. al.” Judge Hanna, however, who is running over Circuit Court train, concluded to appoint Judge Carter to try the case at the same time and place. Hence the collision. After knocking legal heads together for a while, said heads agreed to postpone the case until April, to be tried in Franklin county before Judge Carter.

Cases before our Circuit Court and continued are too numerous to mention, and only those which arrived at a verdict will be briefly considered.

The attorneys in attendance were Messrs. Holland, Barbour, Binkley, Haynes, Given, McMullen and Prosecuting Attorney Brumblay from other counties, and Messrs. Davis, Stewart, Coles, Downey and Spencer of Ohio county; also J. S. Jelley and J. F. Bellamy, of Kansas. Supreme Judge Downey dropped in for a short time on Tuesday. That old mill—the grand jury—was started to grinding, with J. B. Gerrard as foreman.

State vs. Norris. Giving liquor to a minor. Plea of guilty; $5 fine.

State vs. George Murdock. Assault and battery. Plea of not guilty—acquitted.

Maria J. Downey et al vs. Erastus S. Downey et al. Partition—report of Commissioners confirmed.

Isaac Heyn and Samuel Heyn vs. Jamieson. Attachment—judgment for plaintiffs of $73.

David Lostutter vs. Wm. E. Jelley. Attachment—judgment for plaintiff of $792.

Harriet Jones vs. John Jones. Divorce—divorce granted.

Eliza Sisson vs. David Sission. Divorce—granted; alimony $900.

G. W. Miller vs. Virginia Miller. Divorce—granted.

Samuel F. Lindsay vs. Electa Lindsay. Divorce—judgment for the defendant on cross complaint. Divorce granted; defendant to have custody of the child and $600 alimony. This case excited considerable interest and was a full day’s work.

Joshua R. Crouch brought suit against the County Commissioners for refusing him license to sell liquor. After a partial trial the casee was worked entirely out of Court, much to the surprise of his attorneys.

The term closed on Saturday.

Ohio County Circuit Court – July 1885

Ohio County, Indiana, Circuit Court report appeared in:
Vevay Reveille – 2 Jul 1885 – Page 5, Column 4

OHIO COUNTY.

Circuit Court is in session at Rising Sun. We copy the following law report from the Recorder:

The State vs. Henry Thompson—assault and battery—fined $5 and costs.

The State vs. John Wainscott—selling liquor without license—bound over to next term in sum of $100.

Estate of Wm. McKim—petition to sell real estate—Wm. H. Oatman and James Elder appointed appraisers, and appraisement filed.

Margaret A. Wade vs. Estate of Sarah A. Wade—claim of $58 allowed.

Ira Hewitt vs. Anna Hewitt—dismissed.

Samuel Schnell & Co. vs. James S. Hemphill—on account—dismissed.

Sarah A. Kittenbrink vs. Madison Graham et al—petition to sell real estate—sale ordered—S. H. Stewart appointed Commissioner.

State ex rel Ohio County vs. George W. Fletcher—foreclosure school fund mortgage—judgment for $271.66.

George I. Moore vs. Wm. Dorrel et al—change of venue from the county.

Ohio County Circuit Court – Nov 1884

The Ohio County, Indiana Circuit Court report appeared in:

Vevay Reveille – 20 Nov 1884 – Page 5, Column 2

Ohio Circuit Court.

From the Rising Sun Recorder we learn that among other cases disposed of were the following:

John Baker, guardian; final report.

Rozella Pate was granted a divorce from John F. Pate, and custody of child.

Dr. Wm. Gilespie was allowed $31 from the estate of M. P. Merrill.

Franklin Dennis et al vs. Harriet Luther et al—for partition—granted and S. H. Stewart appointed Commissioner.

Wm. H. Sullivan, on note, was granted judgment against Jas. M. North, Jr., for $242.45.

Final report in estate of Matilda Merrill filed and accepted.

Vevay Reveille – 27 Nov 1884 – Page 4, Column 5

OHIO COUNTY.

In the Circuit Court:

Estate of Christian Housemire, final report of administrator.

Also final report in estate of M. P. Merrill.

The Administrator of Daniel McAlister was ordered to sell real estate.

O. H. Smith got judgment against A. B. Harryman for $267.

Ohio County Circuit Court – Jan 1881

The Ohio County, Indiana Circuit Court report appeared in:
Vevay Reveille – 20 Jan 1881 – Page 1, Column 6

(From the Rising Sun Recorder.)

Ohio Circuit Court.

State vs. Wm. Britton—petit larceny; sent to jail four days, disfranchised one year.

State vs. T. S. Pate—forgery; recognized for $1,000.

State vs. Joseph Love—selling liquor to a minor; recognized for $50.

Guardianship of Wm. Kemp—guardian discharged, ward of age.

Mary Stevens vs. Estate of H. T. Williams—claim; stricken from the docket.

J. B. Girard vs. J. B. Girard et al; continued at costs of plaintiff.

Jos. Kincaid vs. Wm. Hudson—damages for alienating affections of wife—demand $2,000; dismissed at plaintiff’s cost.

America Wilson vs. Nathan H. Wilson—divorce granted plaintiff, $500, and household goods.

Jas. C. Ricketts vs. Jos. P. Richardson and others—ejectment; change of venue to Ripley County.

State of Indiana ex rel Paxton Bros., vs. Jacob Weaver, Esq.; motion for writ of inandamas; quashed.