Proceedings of the February 1877 Term of the Dearborn County, Indiana Circuit Court appeared in:
Aurora Dearborn Independent – 8 Feb 1877 – Page 2, Column 2
The February term of the Circuit Court commenced yesterday and today the following judgments were taken by default:
- Richard Wooly et al vs. Frank Andros. Judgment for plaintiff for $275.
- Cyrus Canfield vs. Myron H. Canfield. Judgment for plaintiff for $419.13.
- Jacob L. Nowlin vs. David M. Marsh & Co. Judgment for plaintiff for $324.20.
- Jno. Swartz vs. Strawder Cheek. Judgment for plaintiff for costs.
- Will F. Stevens vs. Otho Hayes. Judgment for plaintiff for $137.60.
- James A. Clark vs. Joseph G. Parks. Judgment for plaintiff.
Aurora Dearborn Independent – 15 Feb 1877 – Page 2, Column 2
COURT REPORT.
1451—Wm. Wheeler vs. Hugh B. Shutts et al. Judgment for plaintiff for $335.50.
1404—Christain E. Brockman vs. Louis Stein. Judgment for pltf. for $313.42.
1441—Elizabeth Manning, Guardian, vs. Samuel Hall, stricken from docket.
1471—Able D. Breed et al vs. David Marsh et al. Judgment for pltfs for $169.07.
1472—Abel D. Breed et al vs. David Marsh et al. Judgment for plaintiff for $339.24.
1215—Henry C. Vincent vs. Liborious Dill et al. Dismissed.
1445—John Zurmuhler vs. Henry Bruckhorst et al. Judgment for plaintiff for $693.
1178—Leah Hayes Adm’x vs. Anna Rudolph. Judgment for plaintiff.
825—State of Indiana vs. Chas. Smith and Chas. Brooks. Plea of guilty. Imprisonment five years each and a fine of $100.
1063—Joseph Bruce et al vs. Eliza Langley. Dismissed.
1297—Littisha Williamson vs. Sebastian Tittel. Judgment for defendant for costs.
1115—Anna B. Rudolph vs. Wm. Wheeler et al. Judgment vs. Wheeler for costs.
783—State of Indiana vs. Archibald George. Indictment quashed.
804—State of Indiana vs. Henry Shepherd. Dismissed.
805—State of Indiana vs. Robt. Shepherd. Dismissed.
Lawrenceburg Register – 15 Mar 1877 – Page 3, Column 4
Court Report.
George W. Cheek vs. Adolph Schulze. Judgment against plaintiff for costs.
Benj. B. Eden vs. John Gray. Judgment against plaintiff for costs.
Ezra Howe vs. James L. Hartley. Judgment against defendant for $138.00 and costs.
George W. Diggs vs. Lawrence Daily et al. Judgment against plaintiff for costs.
Peter Walther et al vs. Andrew Vetter. Judgment against defendant for $145.32 and costs.
State of Indiana vs. Charles S. Dunn. Attachment for contempt. Defendant discharged on payment of costs.
James McKinney vs. Enoch H. Miller. This case was submitted to three arbitrators, who returned a verdict against Miller for $485.36.
Kate S. Lewis vs. David Nevitt. Judgment against defendant for $1099.32 and costs.
Hugh S. Miller vs. Zeph Heustis. Judgment against defendant for $100 and costs.
Theodore VanDorn vs. Anna Barbara Kreitzer et al. Judgment against defendants for $405 and costs.
Eli Powell et al vs. Thomas Windsor. Judgment against defendant for $40 and costs.
Andrew P. Cady vs. Hanson D. Moore. Judgment against plaintiff for costs.
Hannah Savage vs. C. H. W. Werneke et al. Judgment against defendant for $550.25 and costs.
Myron H. Harding vs. D. W. Marsh et al. Judgment against defendants for $1120.82 and costs.
George H. Sargent vs. Marsh & Ewbank. Judgment against defendants for $509.76 and costs.
Nettie C. Pierce vs. Omer T. Pierce. Decree of Divorce, and judgment for costs against defendant.
Philip Erle vs. Filey Campbell. Judgment against defendants for costs.
Probate.
Nancy Guard was appointed Guardian of Carrie Guard.
Langtree & Haynes vs. Jacob Peters, Adm’r of Alex Seigmund’s estate. Allowed claim of $85.
John C. Holmyer submitted final report as Guardian of Catharine Guard, an insane person, now deceased.
George W. Baker, Adm’r of Peter Henegan’s estate, submitted a final report and was discharged.
Mary Howard was appointed Adm’x of Benj. Howard’s estate.
Catharine Shattuck, Guardian of Asa Shattuck’s heirs, submitted a final report and was discharged. Said Guardian was also allowed $321 for board and clothing her ward, Charles Carr.
Wesley Wilson vs. Benj. Wethered, Guardian of Catharine Duncan, and insane person. Judgment against defendant for $372.
Cases Set for Trial Under Judge Hord.
PROBATE CAUSES.
- Charles E. Angevine vs. James A. Angevine, Adm’r of James Angevine, dec’d.
- Aletta M. Lewis vs. same.
- James A. Angevine vs. estate of James Angevine. Jno. K. Thompson adversary party. Two other cases of same vs. same.
- Melissa J. Cheek vs. Thomas M. Kyle, Adm’r of Harrison’s estate.
COMMON LAW CAUSES.
- Jere. D. Skeen vs. Jacob P. Dunn et als.
- Ezra G. Hayes et als vs. J. H. Burkam et als.
- Andrew J. Dever vs. James Cummings et als.
- D. W. C. Fitch, Ex’r Walter Hayes estate, vs. James C. Hayes.
- State ex rel Angevine vs. Isaac B. Ward.
- Jennie V. Ludlow vs. James Walker.
- W. H. Bainbridge vs. James A. Angevine.
- John Schwartz vs. same.
- M. H. Harding vs. D. W. C. Fitch, Ex’r Walter Hayes’ estate.
- James Taylor vs. M. Meister et als.
- Eagle Machine Works vs. same.
- Atlas Works of Indianapolis vs. same.
- State ex rel Silvers vs. Benj. F. Vail.
- C. Aultman & Co. vs. Jos. G. Parks et al.
- B. N. McHenry & Co. vs. Joseph Stull et als.
- Margaret C. Pate vs. Alfred M. Pate et als.
CAUSES AT ISSUE.
- McKinney vs. Miller.
- Guard, Adm’x vs. Martin et als.
- Smith vs. Beckman.
- Ludlow vs. Kiefel et al.
- Karch vs. Gartner et al.
- State ex rel Gibson vs. Weitzel et als.
- Slater et al vs. Slater & Andrews.
- Gibson vs. same.
- Sisson vs. same.
- Weitzel vs. same.
- Pate vs. Pate.
- Warner vs. Wolf.
- Watkins vs. Watkins.
- Garnier vs. Frederick.
- Scholle vs. Scholle et als.
- Tousey, Executor, vs. Nevitt et al.
Lawrenceburg Register – 22 Mar 1877 – Page 2, Column 2
Circuit Court.
State ex rel Jas. R. Slivers vs. Benjamin R. Vail et als. Change of venue to Ripley County.
Margaret C. Pate vs. Alfred M. Pate. Change of venue to Decatur Co.
Ezra G. Hayes et als against Jos. H. Burkam et als. This case has been in progress of trial since the 13th inst. with a probability of being concluded by Friday.
Eagle Machine Works vs. Michael Meister. Judgment against defendant for $664.76 and costs.
Atlas Works of Indianapolis vs. Michael Meister et als. Judgment against defendants for $1128.15 and costs.
David Harr vs. Isabella Hancock et als. Commissioner appointed to sell Real Estate and files his bond in the sum of $500.
Puella M. Mulford vs. David Mulford. Decree of divorce and judgment against plaintiff for costs.
Wm. Probasco et als vs. Jacob Rief et als. Judgment against Jacob Rief for $923.18, in favor of John Wymond defendant.
State ex rel Hester Wells vs. William Heaton. A compromise was offered, and defendant was discharged from jail.
George Tousey, Exr. of the last will of Isaac Dunn, deceased, vs. David Nevitt et als. Judgment against defendants for $3940.62 and costs.
State of Indiana vs. Jacob Miller. Judgment against defendant for $25.00 and costs, and confinement in county jail for four hours.
Probate.
Melissa J. Cheek vs. Thos. M. Kyle, Administrator of Thos. Harrison’s Estate. Judgment against plaintiff for costs.
Estate of Hugh Grubbs, deceased, James Liddell, Administrator. Administrator files inventory of Personal Property.
The will of John Andrew Kreitleni was entered to Probate.
Guardianship of William Whiteford’s heirs. Isabella Whiteford, Guardian; said guardian files her final report, and is discharged.
Estate of Benjamin Wilson, deceased, Lucian J. Wilson, Administrator. Said Administrator files an inventory and sale bill of personal property.
Lawrenceburg Register – 29 Mar 1877 – Page 2, Column 3
Circuit Court.
Jeremiah D. Skeen vs. Jacob P. Dunn et al on a motion to set aside all proceedings had in the case since a default was entered against the defendants in 1864. The action was commenced in Ripley county in 1864. Skeen purchased land from one Weir subject to a Sinking Fund mortgage. The Auditor sold the land to pay the mortgage, and Dunn purchased it, upon a writ of possession being granted Dunn, Skeen enjoined the officers from ejecting him and the suit went against Dunn by default. The case was opened in 1869 by a motion of Dunn for a new trial which was rendered against Skeen. In an elaborate written opinion Judge Hord overruled the motion.
Probate.
Wm. Shanks vs. estate Anth Halverstadt. Claim for $18 allowed.
Franz P. Hofer Lobensteen made his final report as guardian of Franz Fisher, and was discharged.
Chas. E. Angevine vs. estate of James A. Angevine. Claim for $162.85 allowed.
A. M. Lewis et al vs. same estate. Claim for $80 allowed.
James A. Angevine vs. same three cases. Claim for $850 allowed.
Lawrenceburg Register – 5 Apr 1877 – Page 2, Column 4
Circuit Court.
C. Aultman & Co. vs. Joseph G. Parks and others, judgment against Parks for $240.50 and costs.
State vs. Wm. H. Gregory, grand larceny, pleads guilty, sentenced to two years imprisonment in the State Prison and fined $1.
Anna Watkins vs. Henry Watkins, divorce; cause inhuman treatment and failure to provide. Divorce granted.
Bazil N. McHenry et al vs. Joseph Stull—to enforce lien—The plaintiff contracted with Joseph Stull to make certain improvements on a building belonging to the wife of Stull, which improvements he made and took a lien on the property—trial by jury—judgment against Stull for $506 and costs, plaintiff to recover nothing from Mary Stull.
Otha Hayes and others vs. Elijah Guard and others—petition for partition—petition granted and the following commissioners were appointed to make the partition: J. J. Hauck, John Callahan and James Burk.
Agnes Haddock vs. Worchester Haddock. The plaintiff has filed complaint for divorce and alimony against defendant would dispose of certain stock in the Aurora Iron & Nail Co., of which he is the owner, she asks for order restraining him from selling this stock which request was granted.
Wm. H. Bainbridge vs. James A. Angevine—The plaintiff was the attorney of the defendant and after giving him legal advice refused to foot the bill—trial by jury—judgment against Angevine for $63.45 and costs.
State ex rel Mary Hutsebaut vs. Tom. Ferril his mother—petition to be removed from his bond which petition was granted and if Tom don’t furnish bail in the sum of $300, will remain in jail until Feb. 26, 1878.
In the will case the jury returned the following verdict: We the jury find that the will in suit is not the will of Joseph Hayes. A. J. Alden, Foreman. And the interrogatives submitted to them were answered as follows:
- Was Joseph Hayes at the time he executed the will in suit a person of sound mind? Answer no.
- Was the execution of the will in suit procured through the undue influence of any one over the mind of Joseph Hayes? Answer yes.
The plaintiff’s Ezra Hayes and others immediately filed a motion for a new trial, argument will be heard Saturday, April 7.
John W. Briggs was allowed the sum of $63.50 for expenses incurred in the arrest of Wm. Gregory.
The following cases will be heard before the special session to be held July 9: Ludlow vs. Walker; Fitch vs. Hayes; Skeen vs. Dunn; Harding vs. Fitch.
Pius Frederick vs. City of Lawrenceburgh. The defendants are restrained from moving any part of the plaintiffs buildings which they claim to be on the street.
Louis Bihr vs. John Kuntz. Judgment against defendant for $313 and costs.
John Schwartz vs. J. A. Angsvine for legal services. Judgment against defendant for $310 and costs.
Barbara Garnier vs. Agnes Frederick. Judgment against defendant for $280 and costs.
The Court ordered the Clerk to give notice of the holding of a special term of court July 9, 1877.
Probate.
Katherine Roth, Executrix of Michael Roth deceased, made a final report and was discharged.
Jeremiah T. Watkins administrator of Isaac L. Cannon, made a report and tendered his resignation as such administrator, which was accepted.
David C. Wright appointed administrator of the estate of Benjamin F. Wright.
Henry Leindecker made a final report of his trust as administrator of Wm. Weaver and was discharged.
Agnes Haddock has filed a petition for divorce from Worchester Haddock on grounds of Adultery. She prays for $20,000 alimony.
The will of Mary Wesler has been admitted to probate, she disposes of her property as follows: To Christiana Schneider, $60; to Henry Wesler, $1 in addition to the $250 already given him. To Mena Roller $200; to Christ and Fred Wesler she gives her dwelling house in Newtown.