Switzerland County Circuit Court – Oct 1875

The Switzerland County, Indiana, Circuit Court report appeared in:

Vevay Reveille – 30 Oct 1875 – Page 4, Column 1

LAW REPORT.

Circuit Court—Judge Berkshire.

The fall term of the Circuit Court convened on the 26th inst., Hon. John G. Berkshire presiding.

The following Attorneys are in attendance: Maj. J. S. Jelly, D. T. Downey and Judge Stewart, Rising Sun; Judge C. E. Walker and Hon. John R. Cravens, Madison, Ind.; Thomas Watts, J. G. Gurley, Patriot; Charles Wilson and Maj. John O. Cravens, Prosecuting Attorney, Versailles.

The following is a list of cases disposed of:

CRIMINAL DOCKET.

State of Indiana vs. Perry Woods—assault and battery with intent to kill. Continued for process.

Same vs. Lewis Woods—counterfeiting. Continued for process.

Same vs. Francis Hickman—burglary and grand larceny. Continued for process.

Same vs. John Dyer—disturbing lawful assembly. Nol pros.

Same vs. James H. Davis—selling to minors, twenty eight cases. Continued.

Same vs. Oliver Rayl—selling to minor. Nol pros.

Same vs. Dempsey Gullion—selling to minor. Continued for process.

Same vs. Francis M. Douglas—grand larceny. Continued.

Same vs. Dr. Wm. C. Hull—carrying concealed weapons. Forfeiture of recognizance.

Same vs. James Oakly, Geo. W. Oakly, Wm. Jackson and David Golay—throwing carrion into running stream. Tried by a jury and acquitted.

Same vs. Newton Short—malicious trespass. Nol pros.

Same vs. Loren H. Smith—assault and battery. Tried by the Court and acquitted.

Same vs. Belle Norton, Jane Short and Newton Short—malicious trespass. Nol pros.

Same vs. Richard Glover—assault. Tried by the Court and fined $2.50.

Same vs. Jane Schenck—assault and battery. Tried by the Court and fined $2.50.

Same vs. A. J. Lambertson—attempt to provoke an assault. Continued for process.

Same vs. Joseph Peelman—obstructing highway. Defendant pleaded guilty and was fined $1.

Vevay Reveille – 6 Nov 1875 – Page 4, Column 3

LAW REPORT.

Circuit Court—Judge Berkshire.

DIVORCE DOCKET.

Margaret Sturgeon vs. John Sturgeon—dismissed for want of prosecution.

Betsey Farrell vs. Barney Farrell—dismissed for want of prosecution.

Caroline Himmelheber vs. John Himmelheber—dismissed for want of prosecution.

Kate Seamonds vs. Ramus Seamonds—submitted to Court and taken under advisement.

Hiram H. Bakes vs. Nannie B. Bakes—on trial as we go to press.

Francis R. Dufour, Guardian of George W. Dufour, an insane person, vs. Harriet E. Dufour—dismissed by plaintiff, and papers withdrawn.

John M. Henry vs. Margaret M. Henry—divorce granted.

 

CRIMINAL DOCKET.

State vs. William H. Dunning—Forgery; acquitted.

State vs. William Smith—Provoke; nollied.

State vs. Amanda Jackson and Ellen Russell—Aiding prisoners to escape; discharged.

State vs. Frank Boswell—Appeal; continued, defendant recognized.

State vs. James Anderson—Malicious trespass; tried and acquitted. Two other cases against same defendant for same offense, both nollied.

State vs. Gabriel Dalmazzo—Selling to minor; eleven cases; pleads guilty in five cases and a fine of ten dollars in each case, and the other six nollied.

State vs. John Gullion—Disturbing meeting; fined five dollars.

Same vs. same—Attempt to provoke an assault and battery; nollied.

State vs. Louisa Vanbriggle—Assault and battery; nollied.

State vs. Benjamin Stoops—Malicious trespass; tried and acquitted.

State vs. Wm. Furnish—Arson; convicted and sentenced to the penitentiary for three years, fined $1, and disfranchised and rendered incapable of holding any office of trust or profit for four years.

State vs. Sabe Boswell—Grand larceny; acquitted.

State vs. Moses Mahew—Grand larceny; plead guilty—sentenced to the penitentiary for two years, disfranchised, and rendered incapable of holding any office of trust or profit for two years, and fined one cent.

 

CIVIL DOCKET.

Thomas Gibbens et als vs. Elizabeth Gibbens et als—Partition; continued under former order of sale.

David Hinman vs. Joseph Lientz et als—Partition; continued.

Thomas Jagers, jr., vs. Hannah Jager, administratrix—Claim on account. Continued.

Ulyses P. Schenck et als vs. Julia C. Tandy, et als—Partition; continued for payment of purchase money.

Vevay Reveille – 13 Nov 1875 – Page 4, Column 2

LAW REPORT.

CIRCUIT COURT—JUDGE BERKSHIRE.

Estate of Arthur Humphrey, dec’d, Theodore Humphrey, et al, Executors—Exceptions to final report.—Continued.

State ex rel Wm. J. Gibbs, Administrator of George Hunter, dec’d, vs. Jacob R. Harris et als—on a Bond. Continued.

Clara Morgan vs. Marion Paugh et als—To set aside a Deed. Continued by agreement.

State ex rel Harriet Steel vs. Jas. T. Ash—Bastardy. Continued for process.

Solomon K. Kittle, Administrator of Jane Turner, dec’d, vs. John N. Whiting—To quite Title. Judgment for plaintiff by agreement.

State ex rel Ellen Evans vs. George Washington—Bastardy. Continued for process.

Cynthia A. Craig et als vs. Wm. G. Krutz—Partition. Continued for sale under former order.

Charles O. Thiebaud vs. Isaac Stevens et al—For Damages. Motion for a new trial overruled.

Thomas Dyer vs. James Oakley—Civil action. Dismissed by plaintiff.

Joseph Cole vs. Isaac N. Cole—Civil action. Continued by agreement.

Nancy J. Keith vs. Morgan Carver et als—On notes, &c. Dismissed by plaintiff.

George Lewis et al vs. Benjamin Oaks et al—To set aside a deed, &c. Continued by agreement.

Ann Robertson, Administratrix of James Robertson, dec’d, vs. the Corporation of the Town of Vevay—For damages. Continued by agreement, with leave to file a substituted complaint.

State of Indiana vs. James H. and James Davis—On forfeited recognizance; twenty-eight cases. Judgment for defendants on Demurrer.

State vs. Oliver Rayl and Eli Rayl—Forfeited recognizance; two cases. Judgment for defendants on Demurrer.

Robert Splain vs. Melcher Brown et al—Foreclosure. Dismissed.

Jane E. McMakin et als vs. Mary Cotton—Partition. Dismissed by agreement at plaintiff’s cost.

Charles F. Putnam vs. Lucinda Thompson—On note. Dismissed by plaintiff.

The First National Bank of Vevay vs. John P. Dunning, impleaded with Mariah Dunning et als—On note.—Continued for process.

U. P. Schenck vs. William Dunning et als—On note. Continued by agreement.

Francis Dunning vs. William H. Dunning et al—Foreclosure. Continued by agreement.

Anna Bell Hart vs. James B. Wilson et al—To recover real estate. Continued, with leave to amend pleadings generally.

U. P. Schenck vs. John Armstrong et als—Injunction. Dismissed by agreement.

McMakin & Dyer vs. George W. Craig, Administrator of James M. Cotton, dec’d—Claim on note. Dismissed at costs of Estate.

George H. Keeney vs. the Allensville, Center Square & Vevay Turnpike Co.—On account. Judgment by agreement for $50.

Rachel Whitehead vs. Perret Dufour et al—Foreclosure. Dismissed by agreement at Perret Dufour’s cost.

State ex rel Rachel Whitehead vs. Perret Dufour et als—On Guardian’s bond. Dismissed by agreement at Perret Dufour’s cost.

James K. Pleasants vs. Thomas J. Heady—Foreclosure. Defendant defaulted; judgment for $2,970.65.

Jacob Seasongood et als, partners, &c., vs. John E. Williams—Appeal. Venue changed to Jefferson county.

Patriot & Barkworks Turnpike Co. vs. John Watts. Dismissed by pl’ff.

Wm. T. Pate and wife vs. the Town of Patriot—Injunction. Continued for process.

Rezin Johnston, Administrator of Thomas Wilson, dec’d, vs. Frederick Berner et al—On note. Continued for process as to Herman Berner, and judgment against Frederick Berner for $245.20.

Same vs. Frederick Berner—On note. Judgment by default for $171.91.

The National Bank of Rising Sun vs. William H. Dunning et als. Continued.

John Higham vs. James T. Bodkin—Appeal. Venue changed to Ohio county.

Perret Dufour et als vs. William Northcott—Motion for Execution. Judgment by default.

Henry Mack et als partners, &c., vs. John E. Williams—On account. Judgment by default for $232.80.

U. P. Schenck vs. George H. Manford et als—On note. Judgment by default for $522.70.

U. P. Schenck vs. Eli Rayl et als—Foreclosure. Judgment by default for $5,666.23.

Charles O. Lockard et als, partners, &c., vs. John E. Williams—On account. Judgment by default for $226.89.

Andrew C. Downey vs. William H. Pavy—Foreclosure. Dismissed by agreement at defendant’s cost.

John Armstrong vs. George Clendenning—Foreclosure. Judgment by default for $260.05.

The First National Bank of Vevay vs. William T. Pate et al—Foreclosure. Judgment by default for $3,163.80.

James W. Horton vs. Samuel Pavy et al—On note. Judgment by default for $98.42.

The First National Bank of Vevay vs. Eli Rayl et al—On note. Judgment by default for $151.41.

U. P. Schenck et als, partners, &c., vs. Eugene Tardy et als—On note. Judgment by default for $151.41.

Peter L. Davis vs. Jacob W. Davis—On account. Continued by agreement.

Samuel W. Howard vs. Eugene Tardy—On note. Judgment by default for $181.15.

Henry A. Downey vs. George Clendenning and John Clendenning—Foreclosure. Judgment by default for $415.70.

James Torrance vs. Matthew Worstell. Continued by agreement.

Henry K. Knox vs. John T. Schroeder—Foreclosure. Judgment by default for $703.50.

The Gambrinus Stock Co. vs. Louisa Putnam, Administratrix, &c.—Claim on account for $36.75. Dismissed at costs of the claimant.

James Anderson vs. Oliver M. Smith, Administrator, &c.—On an account. $1.10 claim allowed.

Anna Bell Hart vs. Hiram P. Hart et als—Partition. Continued by agreement, with leave to amend pleadings generally.

Rezin Johnston, Administrator, &c., vs. Thomas Works and Andrew Works. Continued.

James H. Weston vs. Rodolph McMakin and Jonathan McMakin—On account. Submitted to the Court, judgment for Plaintiff for $221.00. Motion for new trial overruled, and an appeal taken to the Supreme Court.

Same vs. Rodolph McMakin—On note. Submitted to the Court, and finding and judgment for plaintiff for $289.95.

Same vs. Jonathan McMakin—On account. Submitted to jury and verdict for plaintiff for $77.40.

Missouri A. Cooper vs. Eliza Cooper, et al—Partition. Continued by agreement.

William Carnine vs. Daniel K. Harris—On contract. Continued by agreement.

Lydia Slater et al vs. Sarah Vandusen, et als. To set aside deed. Continued at plaintiff’s cost.

State ex rel Pat Carr vs. Smith P. Worstell et al—On Constable’s Bond. Submitted to Court, and finding and judgment for Carr for $139.93.

Experience Herbert vs. Jason G. Gurley—Civil Action. Continued by agreement.

Patriot and Barkworks Turnpike Co. vs. Bela Herrick. Dismissed at plaintiff’s cost.

Hiram H. Bakes vs. Nannie B. Bakes—Divorce. Thrown out of Court for reason he was not a resident of the State.

Perret Dufour vs. Oliver Dufour—On an account. Change of venue from Judge.

State of Indiana ex rel of Roselia Bulter vs. Thomas J. Griffith—Bastardy. Tried by jury. Verdict not guilty.

Charlotte Wiley et al vs. Ann Muret et als—Partition. Submitted to the Court; finding for plaintiffs, and Ebenezer Phillips and John Gill appointed to make partition.

Helvetia S. Smock et al vs. Joseph Peelman—On Note. Judgment for plaintiff for $392.34.

John B. Lewis vs. Margaret A. Lewallen et als. Submitted to Court, and finding and judgment for plaintiff. William R. Johnston appointed Commissioner to convey, &c.

John S. Butler vs. Andrew J. Courtney—Civil action. Continued by agreement.

W. E. Peters vs. William M. Miller, administrator—Claim on note for $29.90. Dismissed at plaintiff’s cost.

Collins Bradley vs. Elijah Wiley et als—to set aside a deed, is on trial as we go to press.