Switzerland County Circuit Court – Sep 1897

Switzerland County, Indiana, Circuit Court reports appeared in:

Vevay Reveille – 9 Sep 1897 – Page 4, Column 5

Circuit Court assembled last Monday. The Grand Jury was in session up to yesterday. Among the attorneys from a distance in attendance are John B. Coles and S. H. Stewart, Rising Sun; A. D. Vanosdol, Madison; W. R. Johnson, Lawrenceburg. Last evening Judge Friedly adjourned Court until after the Fair—will meet Monday.

Vevay Reveille – 16 Sep 1897 – Page 4, Column 4

Circuit Court.
W. T. Friedly, Judge; A. D. VanOsdol, Prosecuting Attorney; L. E. Smith, Deputy.

PROBATE DOCKET.

The Clerk reported the following official acts performed by him during vacation.

Will of Margaret Powell probated.

Estate of Jennie Cole; Wm. Tait appointed Administrator.

Estate of Gideon Stevens; John N. North appointed Administrator.

Albert J. Jackson was appointed Guardian of Charley R. Jackson

Samuel McCreary was appointed Guardian of Dawson Stewart.

George S. Pleasants was appointed Trustee of Estate of Riley Land, assigned.

The above acts in vacation were appointed.

Estate of John Peters. Being under $500, estate set off to his widow Rossann Peters.

Estate of Harvey Rayl. Being under $500, estate set off to his widow Julia Ann Rayl.

Estate of William P. Cooper. Being under $500, set off to widow Mary E. Cooper.

Estate of Wm. T. Detraz; Benjamine Detraz Administrator. Final Settlement approved and he discharged.

Estate of Thomas F. McCreary. William H. Scott allowed claim of $517.50.

Estate of John W. Banta. Henry D. Banta allowed claim of $150.

Estate of Nancy M. Dyer. O. P. M. Hallgarth allowed claim of $3.

Estate of Sarah A. Peters. John W. Smiley allowed claims of $45 and $85.75.

Estate of Rebecca Short; Robert Scott, Administrator. Final report approved and he discharged.

Estate of Wade H. Jack; Mary H. Jack, Executrix, presented her report and resignation. Accepted on conditions.

There were several partial reports of Administrators and Guardians presented and approved.

 

CIVIL DOCKET.

Schrumpf & Told vs. Dorwin Marshall and Elizabeth Marshall. Judgment for $257.20 and foreclosure of mortgage.

Martha A. Pavey vs. John Bray et al. Judgment against Geo. D. Madary, purchase money of real estate for $256.35 and foreclosure of mortgage.

Eliza A. Billings vs. Mary G. Gardner et al. Judgment for $291.80 and foreclosure of mortgage.

Barney A. Klenburg vs. Joseph F. Cousins. Judgment for $152.85 and foreclosure of mortgage.

Loretta Outcalt vs. Fred Outcalt; divorce. Granted.

Susie Belle Twineham vs. Millard F. Wainscott et al; partition of real estate. Michael W. Long appointed Commissioner.

Mary Cayton vs. Nancy J. Moore; to quiet title to real estate. Judgment for plaintiff.

Thomas Thompson vs. Fred L. Grisard; on note. Judgment for $480.

Elizabeth L. Adams vs. James B. Gullion; for possession of real estate. Judgment for plaintiff, but writ of possession not to be issued before Dec. 4, 1897.

Peter Culbertson vs. David Rayl and Mary J. Rayl. Judgment for $550, and foreclosure of mortgage.

Joseph Jagers vs. Lucilla Protsman and Wm. R. Protsman. On application of plaintiff case dismissed at his cost.

Abram Boggs vs. Orel Boggs; divorce. Granted, and he given possession of the three children.

State vs. John King; disturbing public meeting and public intoxication. Plea of guilty; fined $6.

City of Vevay vs. John E. Williams and Mathew Brown; to recover wharf boat rent. Application of defendant for change of venue granted, and case sent to Jefferson County.

Eliza J. Detraz vs. James Anderson and others. Judgment for $1349.81 and foreclosure of mortgage.

W. S. Dickason & Co. vs. Benj. F. VanOsdol; on account. Judgment for $52.17.

Several cases continued and several dismissed.

The Grand Jury reassembled last Monday and is still in session.

The case of J. P. Carter vs. Oliver S. Clendening; for possession of real estate, last Tuesday came up before Hon. W. D. Ward, Special Judge. Yesterday he sustained the demur of the defendant to complaint of the plaintiff, and gave plaintiff permission to amend complaint. This continued the case.

Vevay Reveille – 23 Sep 1897 – Page 4, Column 1

Circuit Court.
W. T. Friedly, Judge; A. D. VanOsdol, Prosecuting Attorney; L. E. Smith, Deputy.

State vs. Ab. Brown; disturbing public meeting and public intoxication. Plea of guilty as to intoxication. Trial by Court. Fined $5.

Hiram Jennings vs. Susan M. Jennings; divorce. Granted.

State vs. Charles Conkling; disturbing religious meeting. Plea of guilty. Fined $5.

John F. Plew vs. Susan Jennings, Hiram Jennings and Robert Williams; for possession of real estate. Court found that plaintiff’s title rested on purchase make on tax sale, and was imperfect and invalid, but was given judgment for amount he paid at tax sale, and he was given judgment for $9.67 and legal interest, and a lien on real estate until paid, and that defendants pay this within thirty days, and if not paid then Sheriff to sell the land.

Last Thursday the Grand Jury reported they had visited the Poor Farm, found 21 inmates, ranging from 2 to 100 years, of the 21 16 were males and 5 females. One child colored. Nine are insane and idiotic—8 men and 1 girl.

They also visited the Children’s Home in Vevay and found 9 inmates—7 boys and 2 girls. All properly cared for, healthy, neat and clean.

The Grand Jury was discharged Thursday.

W. B. Fate & Co., a corporation, and Francis M. Griffith vs. James V. Anderson and Mary M. Anderson; replevin. Judgment for plaintiffs.

Chester Leland vs. Mary Leland; divorce. Granted.

State vs. Martin V. Turner; assault and battery with intent. Trial by Jury. Found guilty of assault and fined $1.

Vevay Deposit Bank vs. George D. Madary et al; on note. Judgment for $391.20.

Vevay Deposit Bank vs. George D. Madary et al; on note. Judgment for $391.87.

Vevay Reveille – 30 Sep 1897 – Page 4, Column 1

Circuit Court.
W. T. Friedly, Judge; A. D. VanOsdol, Prosecuting Attorney; L. E. Smith, Deputy.

PROBATE DOCKET.

Estate of Wm. Dickason, Chas. W. Lee, administrator, petition to sell personal property at private sale. Sale ordered.

Estate of Wm. P. Dickason. Mary C. Dickason allowed claim of [?].

Wm. S. Kincaid, administrator, vs. James Long et al; report of collection of purchase money. Approved.

Thomas Carver, administrator, vs. Nancy Platt et al; report of collection of second installment of purchase money. Approved.

Francis M. Griffith de bonis non with the will annexed of [?] McKay, Sr., vs. James McKay and [?] McKay. Report of sale of [?] approved and sale continued.

Estate of Charlotte Schmied, Thomas Carver Administrator; petition to settle as insolvent. Ordered.

Estate of May Ann Bruner. [?] J. Harris appointed administrator.

Estate of Ostrum Boright, Wm. O. Cole Administrator; petition to sell personal property at private sale. Sale ordered.

Estate of David K. Armstrong, Israel P. Loring, administrator. [?] report approved and administrator discharged.

Estate of Rebecca Short; petition for an order of distribution of [?]. Distribution ordered.

Estate of Sarah Peters, John W. Smiley executor. Final report approved.

Last will of Peter Nichols, Wm. S. Kincaid executor. Final report approved and administrator discharged.

Estate of Charlotte Schmeid, Thos. Carver administrator; motion for distribution among the [?]. Distribution ordered.

Estate of Jeremiah McCreary, [?]son Land, administrator, [?] his partial report and [?]. Accepted on conditions.

Estate of John C. Atkinson, David Atkinson, administrator. Final report approved and administrator discharged.

Wm. Tait, administrator with the will annexed of Lewis Schroder vs. Mary Schroder et al; petition to sell real estate. Sale ordered.

In the matter of the minor heirs of John B. Hastings, Mary C. Hastings, guardian. Final report approved and guardian discharged.

Estate of Mary E. Roberts, Wm. H. Pavy, administrator. Report of sale of real estate approved.

 

CIVIL DOCKET.

John Bray et al vs. Uly Bray et al; petition to sell real estate and charge lien. Judgment for plaintiff.

State vs. John B. Moore; assault and battery with intent to commit murder. Trial by jury; found not guilty.

State vs. George Ergihir; larceny. Trial by Court; not guilty.

State vs. Lucian Bales; larceny. Trial by Court; not guilty.

State vs. Bennie Barker; insanity. Trial by jury; found to be insane and dangerous to the community if suffered to remain at large.

John B. Carter vs. Oliver S. Clendening et al; for possession. Judgment for plaintiff by agreement.

Ex Parte Theophilus Markland, Adrian Markland et al; partition. George W. McKay, Ebenezer Philips and Samuel Stoops appointed Commissioners to make partition.

State vs. John Orr; disturbing public meeting and public intoxication. Nollied as to disturbing public meeting and plea of guilty as to public intoxication; fined $1.

The case of O. S. Clendenning vs. the Board of Commissioners of Switzerland County, for extra work done on Plum Creek gravel road, came up before W. D. Ward, special Judge, last Monday, with a jury. The case will probably last all this week. For the plaintiff, W. R. Johnston and H. D. McMullen. For the defendants, G. S. Pleasants, C. S. Tandy and F. M. Griffith.

LATER.—The point being raised by attorneys for the defendant yesterday that a county official, the County Auditor, Joseph E. Hart, had an interest in the contract made by Clendenning and his claim for extra work that a county official had no legal right to share directly or indirectly in such matters, that therefore the contract was illegal. This morning Judge Ward sustained this legal point raised by the defendants and ruled accordingly. The Jury returned a verdict in favor of the county.