Dearborn County Circuit Court Proceedings – Apr 1877

Proceedings of the April 1877 Term of the Dearborn County, Indiana Circuit Court appeared in:

Lawrenceburg Register – 19 Apr 1877 – Page 4, Column 5

Circuit Court Calendar.

The following is a list of new cases to be tried at the April term of the Circuit Court, which convenes Monday next:

Samuel M Kennedy vs. Amor Bruce and Michael Maloney; to revive judgment.

State ex rel Sarah Gordon vs. Thomas W Paul; bastardy.

Henry P Spaeth et als vs. Cornelia Walser; to enforce Mechanics Lien.

Joseph H Hayes vs. Sarah M Stevens et als; foreclosure.

Abraham Epstein vs. James Ferrin; appeal.

D W C Fitch Ex’r of Walter Hayes’ Will vs. Matilda McCollough et als; attachment.

Rosiana O’Brien et als vs. Jane Need et al; partition.

Maggie C Pate vs. Marion Pate ex at; proceedings sup to ex.

Lewis G. Hurlbert vs. James H Green; on account.

Sarah E Boardman vs. David G Boardman; divorce.

Chas Bruce vs. Eliza J Bruce; divorce.

John Shafer vs. Hannah Shafer; appeal.

John T Smith vs. Benj Boardman; slander.

Nelson Ketchum administrators of the estate of John Beatty vs. James Beatty; on account.

Ludwig A Mandel vs. C H W Werneke; on notes.

Ludwig A Mandel vs. Jacob Riet; on notes.

George M. Givan administrator of Frank M. Durhams’ estate vs. Amos W. Crozier et al; on note.

Henry Licking et al vs. Charles Licking et al; to contest will.

Pius Frederick vs. City of Lawrenceburgh et als; injunction.

Aurora Gaslight Coke and Coal Co vs. Adolph Schultze; appeal.

Louis Bihr vs. John Kuntz; on note.

The German Lawrenceburgh Building Co No 1 vs. Louis Stein et al; to foreclose mortgage.

Tubald Scheid vs. Isidore Birchler et al; foreclosure.

Francis M Hollowell et al vs. The Harrison Hydraulic Company; injunction.

State ex rel Sarah Warner vs. Rudolph Wolfe; bastardy.

Suel B Scribner vs. Mary A Scribner; divorce.

John Medosch et al vs. Michael Meister et al; foreclosure.

Frederick Ingeuthorn et als vs. Wilbert J H Cross et als; partition.

Clement W Robertson vs. Amos Davis; on account.

David H Stapp vs. William W Mead et al; attachment (appeal).

Aaron Turner et al vs. Cyrus Ellwell; on note.

Aurora Loan and Building Association No 1 vs. Abraham Junker et al; foreclosure.

Hartford Fire Ins Co vs. George W Souter et al; on note.

Walford Daughters vs. Andrew P Daughers; on award.

Enoch H Miller vs. James McKinney; on account.

First National Bank of Aurora vs. John S Mathews et al; on note.

Henry C Duncan administrator of the estate of J Smith Junker deceased vs. Wm M Stevens et als; on notes.

George B Fitch vs. David Nevitt et al; on note.

Chas. Fischer vs. Jacob Reinhart et al; foreclosure.

Edwin Bayliss vs. Liborous Dill; on note.

Robert Criswell vs. The Aurora Iron Co et als; foreclosure.

Mary Stockwell vs. Martin Thomas et al; on account.

John Schwartz vs. The Western Union Telegraph Co; on account.

Daniel Volz vs. Philip Dexheimer et al; on note.

John Fragir vs. Joseph Hofreiter; on account.

John T Jackson vs. Joseph Wise et al; foreclosure.

Andrew Ritze et al vs. Joseph Hofrieter; on note and account.

Cottfield Irebel vs. John Rotelberger et al; on note.

Joseph Bechtel vs. Henry Bockhorst; on notes.

Anna Dennerline et al vs. Catherine Gabel et al; damages to real estate.

Anderson B Powell vs. Edwin B. Dobell; on note.

Wm Probasco et al vs. Geo W Souter et al.

State ex rel Roger Sheehy et al; on adm’x bond.

Wm J Murray vs. Frank Berton et al; attachment and appeal.



Edward Golden vs. estate of Bridget Kelly deceased Edward Golden Adm’r; on note $13.31.

Mary Howard vs. estate of Benjamin Howard deceased Mary Howard Adm’x; on account $208.

Wm C Dunn et al vs. Geo Tousey Ex of the will of Isaac Dunn deceased; on notes $40,000.

Hugh Huston vs. Nelson Ketchum admir of John Beatty estate; account $28.50.

C J B Ratjen admr John Kummels estate vs. Margaraetha Kimmel admx of M. Kimmel estate; note $3300.

Israel Crist vs. Joseph H Burkam admr Anthony Halberstadt estate; account and note $73.90.

Miller and Gatch vs. same; account $148.50.

Griffin and Stevenson vs. Cecilia Vogelgesang adm’x of John Vogelgesang; on account $10.00.

Cases set for trial at the next term of Court; Probate 19; Criminal 19; Civil, old, 120, new 64; Total 222.

Lawrenceburg Register – 3 May 1877 – Page 2, Column 2

Circuit Court.

No Court Tuesday last.

W. H. Bainbridge was Judge pro tem Saturday afternoon, and had the pleasure of fining George Ketchum $2 and costs, upon a plea of guilty to the charge of assault and battery on the body of Charles Tittel.

The petit larceny case against Omer T. Pierce has been dismissed by the Prosecutor, to which we say amen.

The Grand Jury returned ten indictments, and were discharged.

Thomas Homer Davis was admitted and sworn as a member of the bar, upon motion of the Hon. Richard Gregg.

The indictment against Goatie Jones, Shortie Smith and Goosie Smart, charging them with keeping a gaming house, has been nolled.

The two cases against Lytle Caldwell, for assault and battery, has been dismissed.

Henry Chisman sold liquor without license, and paid the Court $20 and the costs of prosecution for the privilege of so doing.

State vs. Charles Bruce; assault and battery; dismissed.

Martin Thomas was arraigned before the Court on the charge of grand larceny. He entered a plea of not guilty, and was bound over in the sum of $2,000, with Adolph Schulze as surety. He is charged with having stolen the Stockwell gold.

Barbara Vandoren has filed a complaint against Theodore Vandoren for divorce and $2,000 alimony—to be tried at the next term of Court. A temporary restraining order was granted the plaintiff to prevent the defendant of disposing of certain moneys deposited in the First National Bank of Aurora and with T. & J. W. Gaff.

John Kosch, as Court Janitor, is a success; always on hand, and ready to accommodate everybody.

Tabald Scheid vs. Isadore Brichler. Judgment against defendant for $367.68 and costs. Same vs. same. Judgment against defendant for $66.

Ludwig A. Mandle vs. Jacob and Henry Rief. Judgment against defendant for $287 and costs.

L. G. Hurlbert vs. Jas. A. Greer. Judgment against defendant for $373.76.

John Madosch et al vs. Michael Meister. Judgment against defendant for $855.70 and costs.

Hartford Fire Ins. Co. vs. Geo. W. Souter et al. Judgment against defendants for $177.95 and costs.

Sebastian Stemler vs. Mary A. Elben—to enforce mechanic’s lien. Judgment against defendant for $166.32 and costs.

Charlotte A. Smith vs. Caroline Backman. Judgment against defendant for $132.09.

The case against Archibald George for illegal voting is now on trial.

Fred. Kessner vs. Mariah Fischer et al. Judgment against defendants for $972.50 and costs.

State vs. Nelson T. Hood and Jane Chaney. Fornication. The developments in this case promise richness. The facts are these, so far as we can learn: Mr. Hood was married to his first wife in 1869, and was divorced from her by the Beaver county, Utah, authorities, so he says. He then married a Miss Chaney and moved to Aurora, where he engaged in the manufacture of pumps. His wife hearing of this marriage, to test the validity of the Utah divorce, appeared before the Grand Jury at its recent session and had them indicted. They entered a plea of not guilty upon being arraigned, and was placed under $500 bond.

Lawrenceburg Register – 17 May 1877 – Page 2, Column 3

Circuit Court.

Nicholas Gillig vs. Catharine Wind. Prayer for partition granted, and Geo. B. Fitch appointed a Commissioner to sell the real estate, which is lot 159 and 160 in Lawrenceburgh.

Elvira Daily et als vs. Nancy McClellan. Petition for partition granted in the real estate being situate in sec. 13, town 7, range 3 west, containing 80 acres.

Martin Tittel, Wm. Huber and George Pfalzgraf were appointed Appraisers to appraise certain lands owned by the city of Lawrenceburgh, which are to be sold.

Geo. B. Fitch was appointed Guardian of Catharine Wind, minor heir of Henry Wind. Bond, $400.

An inquest of insanity in regard to Ezra Shanks was held on Saturday. The jury found that he was a person of unsound mind. The Court appointed Enoch B. Nowlin as Guardian of his estate. Bond, $2,500.

Joe S. Beckett made final report of his trust as Administrator of the estate of Ann Nixon, and was discharged from further liability.

Thomas Huston was appointed Executor of the estate of Samuel Huston. Bond, $200.

The trial of Martin Thomas for an alleged taking of $1,400 in gold from Dr. Stockwell occupied most of the Court’s attention during the past week. The case resulted in the acquittal of Thomas.

The Grand Jury was sworn in on Tuesday. Thomas Gaynor of the regular panel being sick, James Walser was sworn in his stead.

The Warner-Wolf bastardy case has been set for the 31st.

Lawrenceburg Register – 24 May 1877 – Page 3, Column 3

Circuit Court.

State vs. Mahlon Lambertson. Two indictments for petit larceny. Enters a plea of guilty in each case, and is sentenced to two years imprisonment in the Penitentiary, disfranchised for five years and fined $50 in each case.

State vs. Thomas Edwards. Indictment for burglary. Enters a plea of guilty, and is sentenced to be imprisoned in the Penitentiary for three years and fined $50.

Sarah E. Boardman vs. David G. Boardman. Plaintiff sues for divorce on the grounds of abandonment and failure to provide. Decree granted, and judgment rendered against defendant for costs. Robert H. Givan was vested with the care, custody and control of Franklin and Harvey Boardman, and the mother the custody of Nettie Boardman.

The Hood divorce case is now occupying the attention of the Court. The testimony is very interesting, and goes to show that Mr. Hood is not as pure as an angel. The history of this Utah divorce promises richness. Mrs. Hood No. 2, who is a very handsome lady, occupies a chair by her questionable husband’s side constantly.

State ex rel Sarah E. Allen vs. Eleazer Bedunnah. Bastardy. Plaintiff dismisses the action, and judgment is rendered against her for costs.

Wm. B. Miller was appointed Administrator of the estate of Carrie L. Armstrong. Bond $100.

Hugh Huston vs. Nelson Ketcham. Administrator of John Beatty’s estate. Claim of $21.60 allowed.

Mary Howard vs. Benj. Howard’s estate. Claim of $208 allowed.

Frank Messang tendered his resignation as Guardian of the heirs of Maria J. Messang, which was accepted, and George Sebwing appointed in his stead. Bond, $600.

Lawrenceburg Register – 31 May 1877 – Page 2, Column 2

Circuit Court.

Gov. Williams has released C. J. B. Ratien as Replevying Bail of Fred Block from paying two fines of $5 each.

Mary Lowe et als vs. Rachael B. Guard et als. Partition. J. J. Hauck commissioner appointed herein made report of sale of real estate in question which report was approved.

Pierre Fermier filed report as executor of Thos D Ehler deceased as follows: Total amount come into his hands $2257.18—Total amount paid out $1078.37, leaving a balance of $1238.81 in his hands which, together with $178 worth of notes he pays into the Court for distribution.

Geo M Roberts appointed admr of est of Wm Hobbs, decd, bond $200.

Geo B Fitch guardn of Will Craig granted permission to invest $300 in stocking his wards farm in Arkansas.

Otho Lowe appointed guardn of heirs of Mary Lowe decd, bond $1000.

Benj Plummer made final report of his trust as admr of Jonathan Ross’ est and was discharged.

J J Hauck made final report as admr of est of Lucy P Guard and was finally discharged.

Lawrenceburg Register – 7 Jun 1877 – Page 2, Column 2

Circuit Court.

W. H. Bainbridge made final report as Commissioner in the partition case of Moorehead vs. Moorehead and was dismissed from further liability.

Michael Karch vs. Caroline Gaertner et als. Judgment vs. Fred Gaertner for $162.50 and costs.

State ex rel Sarah Warner vs. Rudolph Wolf. Bastardy. Jury find defendant not guilty.

Joseph Grill has dismissed the suit he instituted against John H. Selms.

State ex rel George R. Brumbly vs. A. & C. and I. C. & L. R. R. Co’s. To forfeit charter. Motion for change of venue.

A motion for new trial in the West case was overruled.

John Schwartz obtained judgment against Strawder Cheek for $200 attorneys fee in the Mack Cheek case.

Elvira Daily et al vs. Nancy McClellen et als. Petition for partition granted.

Nelson Ketchum made final report as administrator of estate of John Beatty and was discharged.

James Smith makes final report of his trust as admr. of George Smith dec’d.

William Turner appointed guardian of Plinney Turner minor. Bond $1,100.

Wm. H. Kyle admr. of Diedrich Ellinghausen dec’d is granted permission to sell real estate to pay debts.

J. J. Hauch appointed administrator of Lorenz Roesch dec’d. Bond $200.

Wm. B. Pate vs. Emma Pate. Divorce. Dismissed for want of prosecution.

Lawrenceburg Register – 14 Jun 1877 – Page 3, Column 3

Circuit Court.

Philip Erle vs. Bartholomew. Judgment against defendant for $728 and costs.

Peter Schwan vs. Leo Rushman. Judgment against defendant for $12.50 of costs, and balance against plaintiff.

Nancy Hayes vs. Ezra G. Hayes. Judgment against defendant for $2,604.78 and costs.

Charles Bruce vs. Eliza J. Bruce. Judgment against plaintiff for costs.

W. H. Dowdell, Commissioner in the Morgan et al vs. Morgan et al partition suit, made report of the sale of real estate to Elizabeth Grubbs for $2,000.

Aurora Gas Light, Coke and Coal Company vs. Adolph Schulze. Judgement against defendant for $30 and costs.

Agnes Haddock vs. Worchester Haddock. Divorce dismissed on motion of defendant.

John Frager vs. Joseph Hofrieter. Judgment against defendant for $103.

Andrew Ritze et al vs. Joseph Hofreiter. Judgment against defendant for $222.88.

Abe Epstein vs. James Ferrin. Judgment against defendant for $90 and costs.

James Lamb et al vs. George Walson. The Court finds that a deed made by George Walson to William Walson, conveying lot 19 in Aurora is a fraud, and appoints David H. Stapp a commissioner claims: O.P. Cobb & Co., James Stafford, F. A. York, S. D. Langtree, Abe Epstein, James Lamb, R. C. Bond.

Emma M. Alden, Administratrix of C. Y. C. Alden’s estate, petitions to sell real estate to pay debts, which was granted.

Michael Fichter, Executor of the estate of Nicholas Frey, dec’d, made final report of his trust, and that each heir was entitled to $264.33 each.

Nancy D. Platt was appointed Administratrix of the Estate of Gilbert Platt, deceased.

Lawrenceburg Register – 21 Jun 1877 – Page 3, Column 3

Circuit Court.

Eli and Henry Powell vs. Thomas Windsor. Judgment against plaintiff for costs.

W. J. Murray vs. Frank Berte et al. Judgment against Berte for $60 and costs.

Asa H. Andrews vs. Slater & Andrews; Sam’l McElfresh, Receiver. The Clerk is ordered to pay out of the assets of the partnership property now in his hands 33 ½ percent of the several amounts heretofore allowed by the Court. The Court approved the sale by Receiver of certain personal property belonging to said firm.

State of Indiana ex rel David E. Gibson vs. Louis Weitzel et al. Judgment against defendants for $235 and costs.

F. M. Hollowell et als vs. the Harrison Hydraulic. The injunction heretofore granted was dissolved, and judgment against plaintiffs for costs.

Margaret Mundary et al vs. Austin Trulock et al. The plaintiffs bring suit for the possession of property alleged to have been owned by Mary Trulock, deceased, and now in possession of Austin Trulock. Judgment in favor of the plaintiffs, and John A. Parks appointed Commissioner to sell the real estate, which is lot No. 84 in Isaac Dunn’s addition to Lawrenceburgh.

State ex rel Leo Kupferschmidt vs. George Wright and Hiram Wright recognizance bail. The defendants were defaulted, and the bond forfeited in the sum of fifty dollars.

Wm. Probasco et als vs. G. W. Souter et als; to foreclose mortgage. Judgment against defendant for $382.43.

Sam. H. Spooner Jr. was allowed $400 for services as guardian ad litem of the Halverstadt heirs.

Wm. Huber made final report as administrator of Walbruga Huber, dec’d, and was discharged.

Nancy D. Platt was appointed Administratrix of the estate of Gilbert Platt.

Louis Weitzel was appointed Administrator of the estate of Paulus Neurohr.

Wm. D. Horner was appointed Administrator of the estate of Charlotte Sonders.