Switzerland County Circuit Court – Jun 1892

Switzerland County, Indiana, Circuit Court report appeared in:
Vevay Reveille – 23 Jun 1892 – Page 4, Column 2

LAW REPORT.
Judge, A. C. Downey; Prosecuting Attorney, R. L. Davis.

The three cases pending against C. S. Tandy, as President of First National Bank of Vevay, growing out of refusal to answer questions asked him by Tax Board of Equalization in reference to the amounts deposited by individuals, came up, and the court quashed and dismissed the cases.

Sarah Humphrey vs. Frank H. McHenry; foreclosure of mortgage. Judgmetn for $100.75; and also to Robert A. Knox for $95.25 on cross complaint. Foreclosure ordered.

State vs. Eugene Tardy; provoke. Trial by court; not guilty.

Excused from serving as jurors for reasons satisfactory to the court: John W. Riley, David Hatch, Rodolph Poske. Vacancies were not permanently filled, but temporarily by Peter McMakin, Charles Noble, James Anderson.

State vs. Edward Martin; provoke. Verdict of jury not guilty.

The Louisville Trust Company vs. Jas. V. Anderson and others. Several cases [?] out of this suit. All cases were compromised, the judgment being taken by agreement, and foreclosure of mortgage. 1st, judgment in favor of Flora H. Schenck, $703; 2d, in favor of Eugene M. Eddy, Justine A. Zook, and Lillie C. Schenck, $840.73; 3d, in favor of Robert A. Knox, $1005.55; 4th, in favor of the Louisville Trust Company, $2,000—payable in annual payments of $500.

Louis N. Peelman vs. Belle C. Peelman; divorce. Granted, and he given possession of their child Ray Peelman.

The Grand Jury last Thursday, before adjourning, rendered a report to court, in which they stated they had been in session four days, examined sixty four witnesses, and returned nine indictments. In county jail they found two prisoners and in the county asylum twenty two inmates. The jail, from form of construction, is necessarily damp, and it would be well if better ventilation could be secured from near ground floor of jail building. The roof of county asylum is leaky and in bad condition; the outside stairway is weak and dilapidated; the opening to cellar way, in rear of house, has no covering, and it should be closed to avoid accidents that might occur.

State vs. Fred. Bender; two cases appealed from Justice of Peace. Verdict of jury in one case, guilty, and fined $5; in other case, tried by another jury, verdict of not guilty.

State vs. James Burk; petit larceny. Plea of guilty; sentenced to jail for ninety days and fined $1.

State vs. Newton Short; petit larceny. Plea of guilty; sentenced to county jail for sixty day and disfranchised for one year.

George S. Pleasants, administrator, vs. Mary Reeves; replevin. Verdict of court for defendant.

“Ordered by the court, that bail be required on indictments returned by the Grand Jury at the present term as follows: Assault and battery, with intent to commit murder, and the infamous crime against nature, $500; petit larceny, $250; giving intoxicating liquors to minors and carrying concealed weapons, $50.”

Clara E. Griswold vs. Squire H. Griswold; divorce. Trial by court; finding for defendant and cost taxed to plaintiff.

James T. Bodkin, of Patriot, last Monday was admitted a member of the bar.

Mame Platt vs. John C. Platt; divorce. Court granted divorce to plaintiff, and ordered that defendant pay her $200 alimony.

Wm. Brown vs. Margaret Brown; divorce. Court granted divorce in favor of plaintiff.

A decision of Appellate Court, rendered March 18, 1892, in the case of Andrew J. Courtney vs. America Courtney, appealed from Switzerland Circuit Court, was placed on record. It sustains the decision previously made in Switzerland Circuit Court.

Nellie Pate vs. Henry Pate, Jr., et al; alimony. Case dismissed.

Lillie McKenzie vs. John McKenzie; divorce. Court granted divorce in favor of plaintiff.

State ex rel Prosecuting Attorney vs. The Louisville, Cincinnati and Dayton railroad. Continued by agreement.

Antoinette J. Russell vs. Barney Klenburg; complaint. Effect given to decision of Supreme Court, that defendant (Klenburg) recover from the plaintiff (Russell) the costs in this case.

On claims presented by County Attorney and Clerk, the Court ordered that Ohio County pay $106, on account of Harriet Reister vs. Randolph School Township, brought here for trial in April, 1883. Also claims on cases brought here for trial—Jefferson county, $6714.10; Ripley county, $72. The costs in case of Nellie Pate vs. Henry Pate et al, in this term of court, $30.50, were ordered paid by Ohio county.

 

PROBATE DOCKET.

Estate of Elizabeth Dalmazzo. Nat. M. Fallis appointed administrator.

Estate of Linda Shaw, deceased; probating of her will approved.

Estate of Ulysses P. Schenck, Jr.; probating of his will approved.

Estate of Theodore W. VanOsdol; H. B. Voris, administrator, filed report of sale of personal property.

Estate of Rebecca Campbell; Geo. S. Pleasants filed report of sale of personal property.

Allen E. Wiley, insane; Michael W. Long, guardian, filed his bond, $1,000.

Olive L. Shadday; William A. Shadday appointed her guardian and filed bond for $200.

Estate of U. P. Schenck, Jr. Flora Hall Schenck, his widow, filed notice she elected to take under the will of her deceased husband.

Estate of Theodore L. Pickett; Mary A. Pickett, his widow, elected to take under the will of her deceased husband.

Estate of John Andrew; John B. Andrew, administrator, filed report of sale of personal property.

Charles E. Eads and three other minor heirs of William P. Eads, deceased; George S. Pleasants, guardian, filed additional bond of $3,000.

Arthur, Luella, and Emma Efner, minor heirs of Marietta Efner, deceased; J. A. VanOsdol, guardian, presented his final report, which was approved and he discharged—Arthur Efner of age; Charles V. Efner, in accordance with proper papers from Lee county, Iowa, became guardian of Emma and Lucilla Efner, and Clerk ordered to pay to him money in his hands previously paid by J. A. VanOsdol, former guardian.

Estate of William Andrew, being under $500, given to widow, Caroline Andrew.

Elizabeth Baxter, Petit Baxter guardian; partial report approved.

Estate of Elias M. Humphrey, deceased, Benj. C. Mead, executor; partial report approved.

Estate of Justine Schenck, Albert G. Craig, Administrator; final report approved and he discharged.

Thomas R. Wiley, executor, vs. Nancy Wiley et al; report of sale of real estate approved.

Estate of Constant Golay, Aime M. Golay, administrator; partial report approved.

Estate of Achilis Ogle, Eli T. Ogle administrator; final report approved and he discharged.

Estate of Archibald Shaw, John S. Malcomson, administrator; final report approved and he discharged.

Estate of Robert Miller, Cornelius Miller, administrator; final report approved and he discharged.

Calvin Littlejohn, a minor under 16 years, on application of Geo. D. Madary, Trustee of Craig Township, was apprenticed to Lewis W. Bellamy, and the court approved the act.

Estate of Samuel Wade, Samuel W. Wade, executor. Granted permission to sell real estate. McElvin Wade being a minor, L. E. Smith was appointed guardian ad litem, and filed his answer previous to the issuing of permission to sell land.

Estate of William H. Cunningham, William Cunningham, executor; case continued for report of sale of real estate.

Estate of Davenport Oak, R. B. Littlefield, administrator; sale of personal property approved.

Estate of John J. Douglas, Dilver Douglas, administrator; report of sale of personal property approved.

Monday afternoon court adjourned until July 6th, when a special term will be held by Judge Friedley to try the case of Mary C. Webster vs. Wm. Maybin, on claim of breech of promise—brought here on change of venue from Dearborn county.