Switzerland County Court of Common Pleas – Sep 1867

Proceedings of the Switzerland County, Indiana Circuit Court appeared in:

Vevay Reveille – 12 Sep 1867 – Page 2, Column 3

Proceedings of Common Pleas Court.

First Day—Sept. 9.

Present, Hon. Scott Carter, Judge, pro. Tem., Wm. Rous, Clerk, Larkin Johnston, Sheriff.

State vs. Levi North.—Surety of the Peace. Dismissed. H. A. Downey Attorney for the defendant.

On motion it was ordered that Will M. Smith, Esq., be admitted an Attorney and Counsellor of law at this Court.

Adjourned.

 

Second Day—Sept. 10.

Hon. R. N. Lamb, presiding as Judge.

It was ordered that W. R. Johnston be Prosecuting Attorney for the present term of Court.

Having taken the oath, and fulfilled the requirements of the law, Christian Stuckey was declared a citizen of the United States.

On motion it was ordered that James B. McCrellis, Esq., be admitted an Attorney at law in this Court.

State vs. Geo. H. Kyle.—Selling Liquor to Minor. Acquitted, H. A. Downey, Attorney for defendant.

State vs. Isaac Fulton.—Selling Liquor to Minor. Convicted and fined $5. Will M. Smith, Attorney for defendant.

State vs. Isaac Fulton.—Selling Liquor to Minor. Convicted and fined $5. Will M. Smith, Attorney for defendant.

State vs. Isaac Fulton.—Selling Liquor and allowing it to be drank on the premises. Two cases. Acquitted. Will M. Smith, Attorney for defendant.

State vs. Isaac Fulton.—Selling Liquor, &c. Four cases. Dismissed. Will M. Smith, Attorney for Defendant.

State vs. Timothy W. Graham, Martha Graham, and Volney Peelman.—Forcible entry, &c. The Prosecuting Attorney dismissed the suit as to Volney Peelman.—For want of time to complete the case, it was postponed until tomorrow.

 

Third Day—Sept. 11.

 

Martha Hostetter vs. Joseph Hostetter.—Divorce. Dismissed.

Arthur Twineham, by his next friend Wm. Twineham, vs. Henry Charlton and John Charlton. On Note. Found for plaintiff, $363.50 and costs.

Thomas Huffman vs. Geo. A. Jackson.—Foreclosure. Found for plaintiff. Carter and Johnston Attorneys for plaintiff. $1,346.70 and costs.

Angeline Graham vs. Wm. J. Graham, et. al.—Partition of Real Estate. Granted. James Works Attorney for plaintiff.

Joseph Ramseyer vs. J. W. Keith and James Anderson.—On Note. Found for plaintiff. $310.50 and costs.

Griffith Dickason vs. Samuel Fisk. On Note. Judgment for plaintiff. $442.66 and costs.

Eleanor Courtney vs. Wm. T. Daily.—Seduction. The Defendant not having completed a change of venue, herein granted at the last term of Court; it is therefore ordered that all costs up to such failure be assessed against him. A. C. Downey, W. A. Adkinson, Wm. R. Johnston, Attorneys for plaintiff. Scott Carter, H. A. Downey, and James Works, Attorneys for defense.

Charles W. Hunstead and Amelia Hunstead vs. Leander Stewart, et. al. Dismissed.

At 2 o’clock P.M. to-day, (Wednesday,) the hearing of the case of State vs. Graham was not completed.

Vevay Reveille – 19 Sep 1867 – Page 2, Column 2

Proceedings of Common Pleas Court.

Afternoon 3d day—Sept. 11.

State vs. Indiana vs. Timothy W. Graham and Martha Graham.—Forcible entry, &c. Acquitted. Prosecuting Attorney and Works for plaintiff, Henry Downey for defendant.

State of Indiana vs. Wm. H. Ruggles.—Giving liquor to minors, 2 cases. Fined $5.00 and costs for each offence. Jas. B. McCrellis for defendant.

State of Indiana vs. Wm. H. Ruggles.—Retailing liquor, 2 cases. Fined $5.00 and costs in each of fence; Jas. B. McCrellis for defendant.

 

Fourth Day—Sept. 12.

State of Indiana on relation of Adrial S. Peabody vs. Francis Peabody.—Inquest of writ and appointment of Guardian. Found that said Francis Peabody was of unsound mind, and William Lee was appointed Guardian of same. Col. Carter Attorney for plaintiff.

Estate of James Willis, deceased, Mary Willis, Administratrix.—Final Settlement. Estate being fully settled, said Administratrix was discharged.

State of Indiana vs. Richard Holder.—Malicious trespass, &c. Dismissed. H. A. Downey for defendant.

 

Fifth Day—Sept. 13.

Eleanor Courtney vs. Wm. T. Daily.—Seduction. Defendant asking change of venue on account of bias and prejudice of Judge Lamb. The case was put over until 3d day of Dec 1867, at which some Judge competent to try said case will be called.

Samuel E. Pleasants et al vs. James M. Dyer.—On note. Dismissed, and costs assessed to plaintiff.

James A. Claghorn, Guardian of George Jennings.—Final Settlement. Estate fully settled, said Guardian was fully and finally discharged.

James H. Titus, Administrator of Wm. Bradley’s estate.—Petition to sell real estate. Granted.

Martha Gullion, Guardian of John Gullion’s heirs.—Petition to sell Real Estate. Dismissed.

James Fox vs. James McFadden, Administrator of John Montgomery, dec’d.—Claim on account. Granted with costs.

Administrator of estate of G. S. Graham, vs. James McFadden, Administrator of John Montgomery’s estate.—Claim on Note. Granted with costs.

 

Sixth Day—Sept. 14.

Martha Moulton vs. Geo. W. Moulton.—Divorce. Defaulted by non appearance of defendant.

E. W. Vandorin vs. Wm. Fisk.—On account. Found for plaintiff.

State vs. Indiana vs. Francis Riley.—Assault and Battery. Convicted and fined $5.00; Attorney and Works for plaintiff, A. C. Downey, W. H. Adkinson and Smith for defendant.

State of Indaina vs. Melvin Brooks.—Larceny. Acquitted—Col. Ormsby for defendant.

David Hinman vs. Margaret Hinman.—Divorce. Found for plaintiff. W. H. Adkinson, plaintiff’s counsel.

 

Seventh Day—Sept. 16.

David Schoonover vs. Mary J. Schoonover.—Divorce. Found for plaintiff. Works and McCrellis for plaintiff, H. A. Downey and Carter for defendant.

Eighth Day—Sept 17.

State of Indiana vs. Elias Cooper.—Malicious Trespass, &c. Dismissed. H. A. Downey, attorney for defendant.

John S. Heady vs. Ann Mueret.—Account $38.00. Allowed with costs.

David Schoonover vs. Mary J. Schoonover.—Divorce. Defendant moved to set aside finding of Jury for the reason that as they allege it was contrary to law and evidence.

Harrison Gordon vs. Wm. Sauvine.—Appeal. Dismissed.

 

Ninth Day—Sept. 18.

 

State of Indaina on relation of Delilah O. Moore vs. Alfred Aldred.—Basterdy. Compromised.

David Allen vs. Christopher Noll.—On account. Case still pending today, Wednesday, 10 o’clock.

Vevay Reveille – 26 Sep 1867 – Page 2, Column 2

Proceedings of Common Pleas Court.

Nineth Day—Sept. 18.

Krutz & Land vs. Samuel Brown, Administrator of Milton Wiley’s Estate.—On Account. Found for Plaintiff. Col. Carter for plaintiff, A. C. Downey for defendant.

Wm. G. Krutz vs. Samuel Brown, Administrator of Milton Wiley’s Estate.—On Account. Found for plaintiff. Col. Carter for plaintiff, A. C. Downey for defendant.

David Armstrong, Guardian of Walter H. Armstrong. Final Settlement. Received and Guardian discharged. Col. Carter, Counsel.

Wm. McHenry, Executor of William Conner and Will. Final Settlement. Received, and Executor discharged. W. H. Adkinson, Counsel.

 

Tenth Day—Sept. 19.

Wm. H. Cunningham, Guardian of Edgar Boker and John Boker.—Petition to sell Real Estate.—Granted.

Alfred Tapp, Guardian of Amie Jackson. Appointment. Letters of Guardianship were issued to said Alfred Tapp.

David Schoonover vs. Mary J. Schoonover. Divorce. The finding of the Jury in this case being set aside, the matter was submitted to the Court for final disposition. The Court found that neither the allegations of the bill, or cross-bill, were maintained by the evidence, and that neither party were entitled to a divorce. Jas. Works and J. B. McCrellis for Plaintiff, H. A. Downey and Col. Carter for defendant.

Wm. Lee, Administrator of Marie Moore’s Estate. Petition to Sell Real Estate. Granted.

Wm. Lee, Guardian of Francis Peabody, a person of unsound mind. Petition to Sell Land and Personal Property. Granted.

A. C. Murphy, Guardian of Florizel L. Murphy et. al. Petition to Sell Land. Continued.

Alexander C. Downey vs. Jas. H. Titus, Administrator of Virgil Dunning’s Estate. Account, $25. Allowed.

Abner Clarkson and Abner P. Dufour vs. James H. Titus, Executor of Seldon T. Golay. Claim on Note and Account. Allowed.

 

Eleventh Day—Sept. 20.

Balsor North vs. Alexander Lemon et. al.—Civil Action for Money. Found for plaintiff, $102.20. Carter for plaintiff.

David Allen vs. Christopher Noll. On Account. Found for plaintiff $9.70. H. A. Downey and James Works for plaintiff—Col. Carter and A. C. Downey for defendant.

A. H. Wells and Thomas Jones vs. John Thomas and Nicholson Jorgenson. On Account. Dismissed. W. H. Adkinson for plaintiff.

Martha Moulton vs. Geo. W. Moulton. Divorce. Granted to Plaintiff. Carter for defendant.

Elizabeth Lewis vs. Thomas Works and William McMillan.—To recover money, &c. Found for plaintiff $148.74. James Works and H. A. Downey for plaintiff, Col. Carter and A. C. Downey for defendants.

 

Twelfth Day—Sept. 21.

Maria Bradley vs. John W. Gray, Administrator of John J. Bradley. Claim on Account. Allowed.

Alanson R. Wells, Administrator of Marcus L. Wells. Petition to Sell Real Estate. Granted.

State of Indaina vs. John G. Cotton.—Selling Liquor to Minor. Prosecuting Attorney entered a Nolle Prosequi. H. A. Downey for defendant.

Charles D. Gullion, Guardian of Charles Gullion, Jr.—Final Report. Received, and said Guardian discharged. H. A. Downey, Counsel.

John L. Thiebaud, Guardian of Charles Gullion, Jr. Appointment. Letters of Guardianship were issued to said John L. Thiebaud. H. A. Downey Counsel.

Henry Lock, Administrator of Lorenzo Orem. Final Settlement. Received, and said Administrator discharged. Col. Carter, Counsel.

John L. Thiebaud, Guardian of Charles Gullion, Jr.—Petition to Sell Real Estate. Granted. H. A. Downey, Counsel.

John W. Gray, Administrator of John J. Bradley.—Final Settlement. Received, and said Administrator discharged. Col. Carter, Counsel.