Switzerland County, Indiana, Circuit Court reports for January 1897 appeared in:

Vevay Reveille – 7 Jan 1897 – Page 4, Column 3

Circuit Court

Convened last Monday, Alexander C. Downey, Judge; Harry S. McMullen, Prosecuting Attorney.

The Grand Jury, composed of the following, met Monday and as in session today: A. L. Robinson, Edgar Dibble, Marion Lostutter, Joshua F. Wright, W. S. Twineham, Leonard Griswold.

The Petit Jury is composed of the following: George W. Dorrell, W. R. Gardner, Thomas F. Newbold, Ezra Palmer, Robert Scott, Augustus Hatton, James H. Merritt, M. W. Long, Henry Bushner, John H. Lamb, W. H. Madison, A. W. Potter.

Vevay Reveille – 14 Jan 1897 – Page 4, Column 3

Circuit Court.

Herman Osborn et al vs. Walter D. Armstrong; on note. Judgment for $241.50.

The Vevay Deposit Bank vs. Edwin F. Barker. Judgment for $1,659.43, and foreclosure of mortgage.

John Culbertson vs. David A. Brownfield and Sarah F. Brownfield, et al. Judgment for $253 and foreclosure of mortgage.

Benjamin F. Detraz, Administrator of the Estate of William Detraz, deceased, vs. James A. Anderson et al. Judgment for $1,451.28 and foreclosure of mortgage.

Lunetta Welch vs. Samuel Welch; divorce. Granted.

State vs. Viola McIntyre; grand larceny. Trial by Court. Sent to Woman’s Prison for two years and fined $5.

John A. Weaver vs. The Moorefield Academy et al. For Receiver. Report of Receiver approved, discharged and affairs of corporation completed

Barbara Scudder and James Scudder vs. Catharine Rickett and Younger Rickett; for possession of real estate. Judgment for plaintiff.

Nancy J. See vs. Rhoda Kennedy and Robert Kennedy. Judgment for $268, and foreclosure of mortgage.

John F. Boulton et al to Alexander Lemmons et al. George S. Pleasants, Commissioner, reported he had sold real estate to F. M. Griffith, which sale was approved.

Lewis No. Bowen and Samuel Lock vs. the Board of Commissioners of Switzerland county. Judgment in favor of defendant; plaintiffs to pay costs.

M. Rumely Co., of LaPorte, Indiana, vs. Joseph McClanahan et al, on note. Judgment for plaintiff.

John E. Williams vs. Alfred Rous; for money. Verdict in favor of defendant, and on cross complaint he given judgment against plaintiff for $130.

 

PROBATE.

Jennie L. Webb, widow of Oscar H. Webb, deceased, estate being under $500 was set off to her.

John W. Brown, guardian of Catharine Schoffner, of unsound mind. Sale of real estate to John Schoffner for $1,000 approved.

Mary E. Danner was allowed by Court a claim of $1,000 against estate of Eliza Adkinson, deceased.

Mary Schroder given permission to adopt Carrie Schroder as her heir according to law.

Thomas Carver, Administrator of Charlottee Schmeid. Granted permission to sell real estate.

Robert Scott, Administrator, of Estate of Rebecca J. Short, deceased. Sale of real estate approved.

Judge Downey returned home Monday afternoon.

 

JUDGE NOAH S. GIVAN,

Of Lawrenceburg, opened Court yesterday morning as Special Judge, to hear the cases of:

The Merchants’ National Bank of Indianapolis, vs. Oliver S. Clendening.

John Love vs. Oliver S. Clendening.

Oliver S. Clendening vs. the Board of Commissioners of Switzerland County.

And any other cases pending the parties may agree upon.

Several guardians, administrators and others, made partial reports, and their cases continued.

Switzerland County, Indiana, Circuit Court report appeared in:
Vevay Reveille – 19 Nov 1896 – Page 4, Column 2

LAW REPORT.

Estate of Edward Olmstead, F. W. Cole administrator. Final report approved.

Estate of Alger Stewart, William L. Told, administrator. Final report approved.

Heirs of Barach Stoops, Aaron Miller guardian of Cora Miller. Final report approved.

Estate of David Cowan, James Cowan administrator. Final report approved.

Estate of Hugh L. Norisez, Miranda Norisez Administratrix. Final report approved.

All acts of Clerk during vacation were submitted and approved.

Edward Bittle, a minor, was committed to Indiana Reform School for Boys until 21.

Guardian of Allen Wiley, insane, M. H. Long, guardian. Final report approved and discharged.

Estate of Eliza Adkinson, Perry K. Cotton administrator. Granted permission to sell real estate.

Estate of Rebecca Short, Robert Scott administrator. Granted permission to sell real estate.

Estate of Charlotte Schmeid, Thomas Carver administrator. Claims allowed, Nancy Platt $130.00; Lina Tolson $50.70.

Estate of David K. Armstrong, Israel P. Loring administrator. Granted permission to sell all remainder of real estate.

Guardianship of Lorenzo D. Hinman et al, Alonzo McClellan, guardian. Final report approved.

Guardianship of Margaret Clark, William Tait guardian. Claim of $43 allowed.

State vs. Louis Sauvain; carrying concealed weapons. Plea of guilty; fined $10.

Elenor Detraz et al vs. Clara Detraz; partition. George W. McKay, Perry K. Cotton and Charles E. Danner, Commissioners, reported partition of land, which was approved.

Laura Stoops vs. Alva Stoops; divorce. Granted and $150 alimony.

James S. Miller vs. Charles C. Miller; et al; to foreclose mortgage. Judgment for $1295.75 and foreclosure.

Hezekiah Bales vs. Hannah E. Bales; divorce. Granted.

William A. Sayers et al vs. Joseph Gilbert and James A. Works; on note. Judgment for $166.35.

First National Bank of Vevay vs. James V. Anderson and John Stoops; on bill of exchange, demand $300. Judgment for $265.54.

First National Bank of Vevay vs. Oscar Williamson et al; on note. Judgment for $255.45.

Anna Armstrong vs. Walter D. Armstrong; divorce. Granted, and given possession of their only child.

Joseph Belch vs. Eva L. Belch; divorce. Granted.

William J. Cain vs. John L. Thiebaud et al; on mortgage. Judgment for $2285, and foreclosure.

State on relation Jennie Abbott vs. Cornelius Abbott; support. Judgment for $500, to be paid in installments.

Joseph R. Stewart and Geo. Welby VanPelt were appointed Jury Commissioners for the next year.

State vs. Thomas Scott; assault and battery, with intent to commit murder. Trial by jury; not guilty.

Alcana Houze vs. Celila Houze; divorce. Granted.

State vs. Peter Leap; carrying concealed weapons. Trial by Jury; not guilty. In another case, charged with assault to commit murder, the Jury returned a verdict of assault and fined him $200.

Jane Dugan vs. Henry Dugan; divorce. Granted.

John S. Heady et al vs. Andrew V. Brown et al; on contract. Judgment for $434.75.

Ralph R. Stout vs. Silas E. Ward et al; finding for defendant.

Judge Downey closed Court last Friday evening, appointing Hon. L. E. Smith Special Judge to sign the Docket, which he did Saturday.

Switzerland County, Indiana, Circuit Court reports appeared in:

Vevay Reveille – 18 Jun 1896 – Page 4, Column 4

Circuit Court

Met Monday—Judge Downey presiding. The Grand Jury met Monday and adjourned. The petition for a temporary injunction to prevent Commissioners from contracting to build free gravel roads in York Township, is now before Court. On account of farmers being busy, the probabilities are many cases will be continued by agreement. Among the attorneys from a distance in attendance are J. B. Coles and S. H. Stewart, Rising Sun; W. R. Johnston, Lawrenceburg.

Vevay Reveille – 25 Jun 1896 – Page 4, Column 2

LAW REPORT.

Lucian Harris, of Patriot was licensed to practice law in this Court.

The Grand Jury reported they had been in session two days, examined eight witnesses, and returned no indictment. Discharged.

Isaac Heyen et al vs. Nora Satchwell; appeal from the Justice of the Peace. Dismissed at cost of defendant.

Carroll S. Tandy vs. Huldah Merit; on note. Judgment for $903.70.

Patriot Deposit Bank vs. Job E. Stevenson and Mary T. Stevenson; to foreclose mortgage. Judgment for $593.80 and foreclosure.

Ellenor Detraz et al vs. Clara Detraz; partition. Geo. W. McKay, Perry K. Cotton and Charles Danner appointed Commissioners to partition, to report at next term.

Joseph E. Hart, Auditor, vs. The Board of Commissioners of Switzerland County; for money. Demur to the complaint sustained, to which plaintiff excepts; after which plaintiff dismissed case.

Francis M. Reeves and Albert McCreary vs. The Board of Commissioners of Switzerland County; to enjoin contract to build three free gravel roads in York Township. Judgment for plaintiffs and defendant pay cost.

The First National Bank of Vevay, Indiana, vs. Oscar Williamson and Fred. L. Grisard; on notes. Judgment for $619.85.

John H. Diermiller, Treasurer of City of Vevay, Indiana, vs. C. S. Tandy, Trustee for Harriet E. Hull; for taxes. Judgment for $134.82.

State ex rel Jennie Abbott vs. Cornelius Abbott; complaint for support of wife and child. Trial by Jury. Verdict in favor of plaintiff. Defendant moved for new trial, first day of next term appointed to hear reason for asking new trial. Bond fixed at $600, in default of which defendant was sent to jail; but given permission to furnish bail any time during vacation.

State vs. Thomas Scott; assault and battery with intent to murder. By agreement continued until next term, and bond fixed at $200, in default of which he was sent to jail; but given permission to furnish bail at any time during vacation.

Several cases dismissed, and many cases continued by agreement.

 

PROBATE.

Estate of Elias M. Humphrey, deceased, Ben. C. Mead, Executor. Partial report approved.

Estate of Ruth Butler, deceased, Ebenezer Butler, Administrator. Final report approved.

Guardianship of Lewis and Dawson Stewart, minor heirs of Nancy Stewart, William L. Told, Guardian. Final report approved and resignation accepted.

Guardianship of Joseph, Charles and Hattie Hayes, minor heirs of Mary Hayes, deceased. Partial report approved.

Miranda Norris et al vs. Fruba Norris et al. Administratrix given permission to mortgage real estate for an amount not exceeding $200, for not to exceed five years, for payment of school mortgage debt.

Estate of Henry Boyd, deceased, Nathias Funk, Administrator. Final report approved.

Estate of Jacob Kerth, deceased; Riley Land, Administrator. Final report approved.

Lewis Slix & Co. vs. Marion C. Waldon, Assignee Leander M. Clendening. Claim on account $150.85. Mattie Clendening also allowed claim of $125.

Catharine Schoffner was found of unsound mind, and John W. Brown was appointed her Guardian.

Guardianship of the minor heirs of Angeline Welch Thiebaud, R. L. Thiebaud, Guardian. Partial report approved.

Thomas R. Willey, Executor of last will of William T. Willey, deceased, vs. Lucinda Willey et al; petition to sell real estate. Approved.

Estate of Hugh L. Norris, deceased, Miranda Norris, Administratrix, Statement filed as to condition of estate. Approved.

Estate of Francis M. Graham, deceased, Charles E. Foster, Executor. Claims allowed: Tillman Cavender, $20; Henry W. Starker, $59.

Estate of Mary White, F. M. Griffith, Administrator, Ira Gullion allowed claim of $300.

Estate of James Reed, William I. Reed, Administrator. Final report approved.

Estate of Hannah Carver, deceased, William H. Carver, Administrator. Final report approved.

 

BEFORE C. S. TANDY, SPECIAL JUDGE.

Prudence McCreary vs. Laughery Turnpike Co., for possession of real estate and damages. Motion filed for new trial overruled. Judgment in favor of plaintiff, given possession of land, $100 damages, and Turnpike Co. given sixty days in which to remove its toll house off of plaintiff’s land.

 

BEFORE W. R. JOHNSTON, SPECIAL JUDGE.

William Hudson and Benj. F. Hessong vs. James A. Works; appeal from Justice of the Peace. Trial by Jury, verdict for plaintiffs. Motion for new trial sustained, and verdict of Jury set aside.

After being in session one week, Judge Downey adjourned Court Saturday night.

Switzerland County, Indiana, Circuit Court reports appeared in:

Vevay Reveille – 2 Apr 1896 – Page 4, Column 5

Circuit Court.

Francis M. Long vs. Andrew C. Downey and Andrew P. Downey; complaint on note and in attachment. Dismissed.

The Vevay Deposit Bank, of Vevay, Indiana, vs. Andrew C. Downey and Andrew P. Downey; to foreclose mortgage. Dismissed.

State ex rel Ella Monroe vs. Anthony Adams; bastardy. Continued.

Leah A. Haynes vs. Flora Nowlin; damages. Continued.

Mary C. Hastings, Sallie Muret and Franklin P. Muret vs. George P. Muret, Claude Muret and Alta Muret; partition. Continued for the collection of purchase money.

R. Haskins & Co. vs. Walter D. Cotton; on note. Dismissed.

Isaac Heyn and Samuel Heyn vs. Nora Satchwell; appeal. Dismissed.

Frank W. Cole vs. Jacob Zinkhorn; to foreclose mortgage. Defendant defaults. Sale ordered.

The Union Furniture Co. vs. Chas. V. Thiebaud, Trustee, et al; appeal. Opinion from Supreme Court. Reversed.

State vs. Joseph E. Edrington; provoke. Plea of not guilty. Trial by Court. Acquittal.

State vs. Peter Leap; carrying concealed weapons. Continued.

State vs. Peter Leap; assault and battery with intent. Continued.

John A. Weaver vs. The Moorefield Academy, of Moorefield, Switzerland County, Indiana, et al. Continued.

Levina C. Meacham vs. Elisha S. Griffith, Mary E. Griffith, et al; partition. Report of Commissioners approved.

Wm. Cohn vs. Julius Kahn; complaint on contract. Dismissed.

 

PROBATE.

In the matter of the Guardianship of Willie Fallis; Nat. M. Fallis, Guardian; final report. Approved.

In the matter of the heirs of Julius Detraz, deceased; Eliza Detraz Guardian; partial report. Approved.

In the matter of the heirs of James Huston, deceased; George W. Huston, Guardian; final report. Approved.

In the matter of the estate of Green Bondurant, deceased; Frank M. Bondurant, Admr.; final report. Approved.

In the matter of the estate of Ann Armstrong, deceased; Wm. H. Mellick, Admr.; final report. Approved.

All the Official acts performed by Clerk during vacation were approved by the Court.

In the matter of the estate of Mary White, deceased; Francis M. Griffith, Admr.; final report. Continued.

In the matter of the estate of Hannah Carver, deceased; Wm. H. Carver, Admr.; final settlement. Continued.

In the matter of the Estate of Jeremiah McCreary, deceased; Jackson Land, Admr.; final report. Continued.

In the matter of the estate of Rebecca Campbell, deceased; Geo. S. Pleasants, Admr. Continued.

In the matter of the Guardianship of Frankie Stucy, et al; Barbarla Stucy, Guardian. Continued.

In the matter of the estate of Jacob C. Baker, deceased; Rosa Baker, Admrx.; final report. Approved.

In the matter of the Trust Estate of Sylvia D. Delvecehia; Chas. C. Shaw, Trustee; partial report. Approved.

Guardianship of Frank Hastings, minor heir of John B. Hastings, deceased; Mary C. Hastings, Guardian; petition to sell real estate. Sale ordered.

Estate of Frank Fancher, deceased, set off to widow as being under $500 in value.

Estate of John M. Dunn, deceased, set off to widow as being under $500 in value.

In the matter of the heir of Henry Lock, deceased; Philip I. Lock, Guardian; partial report. Approved.

In the matter of the Guardianship of Allen E. Wiley, deceased; Michael Long, Guardian; final report. Approval withheld pending the payment of cost.

In the matter of the estate of Catharine A. Truitt, deceased. Wm. H. Madison appointed Admr.

In the matter of the estate of Grover H. Hastings, deceased. Eugene Stoops appointed Admr.

In the matter of the estate of Peter Nichol, deceased; Wm. S. Kincaid, Executor; petition to sell as an insolvent. Sale ordered.

In the matter of the estate of Wm. Norris, deceased; George W. Norris, Admr.; final report. Approved.

In the matter of the Guardianship of the minor heirs of John B. Hastings, deceased; Mary C. Hastings, Guardian; final report as to Grover H. Hastings; partial report as to Frank Hastings. Approved.

Loring & Clendening vs. Israel P. Loring, Admr. of the estate of David K. Armstrong, deceased; claim on account $119.84. Allowed.

Loring & Clendening vs. Israel P. Loring, Admr. of the estate of David K. Armstrong, deceased; claim on account $27.50. Allowed.

Israel P. Loring vs. Israel P. Loring, Admr. of the estate of David K. Armstrong, deceased; claim on account $509.90. Allowed.

Miranda Norris, Admrx. of the estate of Hugh L. Norris, deceased, vs. George W. Norris, Admr. of the estate of Wm. Norris, deceased, to remove Admr. Dismissed.

Geo. S. Pleasants, Exr. of the last will of Julia H. McCormick, deceased, vs. Eugene Tardy, Alice Tardy, et al; petition to sell. Continued.

Guardianship of Frankie L. Stucy, et al; Barbaria Stucy, Guardian; to sell real estate. Continued.

Wm. S. Kincaid, Admr. of the estate of Sarah A. Long, deceased, vs. James Long, Zack Long, Jane Gurley, et al; to sell real estate. Continued.

Thos. Carver, Admr. of the estate of Charlotte Schmeid, deceased, vs. Nancy Platt, et al; petition to sell real estate. Continued.

In the matter of the heirs of David Blodget, deceased; Robert Sharp, Guardian; partial report. Approved.

In the matter of the estate of Horace Vannatter, deceased. Henry A. Downey appointed Admr.

State ex rel Lucilla M. Griffith vs. Joshua D. Griffith; for appointment of Guardian. Defendant adjudged a person of unsound mind, and Lucilla M. Griffith appointed Guardian.

In the matter of the Guardianship of Hannah J. Paugh, an insane person; Wm. Raiston, Guardian; partial report. Approved.

In the matter of the estate of James Reed, deceased; Wm. I. Reed, Admr.; report. Continued.

In the matter of the estate of Henry Boyd, deceased; Nathias Funk, Admr.; Continued.

Robert Sharp, Guardian, vs. Chas. Blodget, et al; petition to sell real estate. Dismissed.

Vevay Reveille – 9 Apr 1896 – Page 4, Column 5

Circuit Court.

Maggie Cousins vs. Joseph A. Cousins; on note and on attachment. Judgment for defendant.

John T. Boulton et al vs. Alexander Lemon; partition of real estate. Sale ordered.

The Merchants National Bank of Indianapolis vs. Oliver S. Clendening, Joseph E. Hart and Benjamin L. Blair; on note. Continued.

Cordelia Peak vs. Supply Walker; insanity. Dismissed.

Angie Walker vs. Cordelia Peak; slander. Judgment for plaintiff for $120.

State vs. John Hayes; assault with intent to murder. Plea of not guilty; trial by Jury. Found guilty and fined $50.

State vs. Chas. Smith; assault and battery with intent to murder; Plea of not guilty; trial by Court. Found guilty and fined $10 and 30 days in county jail.

 

PROBATE.

In the matter of the estate of David K. Armstrong, deceased; Israel P. Loring, Admr.; report of sale of real estate. Approved.

In the matter of the heirs of James H. Richards, deceased. Calvin R. Green, Guardian; partial report. Approved.

Chas. C. Shaw, Trustee of Sylvia D. Delvechia; additional bond. Approved.

In the matter of the Guardianship of Aurelia Filbre, an insane person; Wm. C. Robins Guardian; partial report and resignation. Approved.

In the matter of the Guardianship of John D. Dufour, an insane person; Francis R. Dufour, Guardian. Continued for final settlement until next term of Court.

Thomas R. Wiley, Exr. of the last will of Wm. T. Wiley, deceased; vs. Lucinda M. Webber, et al; petition to sell real estate. Continued.

Guardianship of Margaret Clark. Wm. Tait appointed Guardian.

Judge Downey adjourned Court and went home, Rising Sun, last Thursday. He appointed C. S. Tandy Special Judge to reassemble Court Tuesday to try the case of Prudence McCreary vs. Laughery Turnpike Co., brought here on change of venue. The case is now being tried. Tuesday the cases of State vs. John Hayes and Charles Smith, were also tried before Judge Tandy—Smith by Court and Hayes by Jury.

Switzerland County, Indiana, Circuit Court report appeared in:

Vevay Reveille – 31 Oct 1895 – Page 5, Column 2

LAW REPORT.
Switzerland Circuit Court.

PROBATE RECORD.

Jane Dugan, guardian of Minnie D. Pate, minor heir of John F. Pate. Final report approved, she being of age.

Estate of Lorenzo W. Hinman, Lemuel E. Turner, administrator. Final report approved.

H. H. McCulloch, guardian of Lulu McCulloch; she being of age, and transcript record of Jefferson County Court, Kentucky, showing he had fully settled with her, he was discharged and bondsmen released on account of petition previously made to sell land in Switzerland County.

Estate of Wilson Driver, George H. Graves, administrator. Final report approved.

Petit Baxter, guardian of Elizabeth Baxter. Final report approved, she being of age.

Estate of Warren Cotton, deceased, being less than $500 was set off to his widow, Katie Cotton.

Robert Sharp, guardian of the minor heirs of David P. Blodget, deceased; sale of timber approved.

Estate of Martha Ramseyer, Thomas Montague, administrator. Final report approved.

Mary C. Brown, guardian of Aaron B. Brown, minor heir of Merit H. Brown. Final report approved, he being of age.

Estate of Ann Armstrong, Wm. H. Mellick, administrator. Jordon R. Houze allowed claim of $11.67.

Will of Sarah A. Peters probated. John W. Smiley, executor. Bond $12,000.00.

Jennie Krall vs. Mathias Funk, administrator of the estate of Henry Boyd; claim, trial by Jury, verdict for plaintiff $190.

William S. Told, administrator of the estate of Alger Stewart, vs. Francis Stewart; petition to sell real estate granted.

Wm. S. Kincaid, administrator of the estate of Sarah A. Long, deceased, vs. James Long et al; petition to sell real estate granted.

The following acts of the Clerk during vacation were approved:

Estate of John C. Atkinson, appointment of David Atkinson, administrator. Bond $850.

William S. Told appointed guardian of minor heirs of Nancy J. Stewart. Bond $1,000.

In admitting to probate wills of Annie A. Dickason, Caroline J. Welch, Lucy Conboy, James Sullivan.

In filing and recording the written election of Elizabeth Sullivan, widow of James Sullivan, to accept will.

Vevay Reveille – 14 Nov 1895 – Page 4, Column 4

LAW REPORT.
Switzerland Circuit Court. Judge A. C. Downey.

In the cases State vs. certain members of the City Council and members of the City Board of Health, the indictments were quashed and defendants discharged.

David B. Wallace, Administrator of the estate of Livingston L. Tiller, deceased, vs. Huldah E. Gillis and Thomas C. Gillis; on note and to foreclose mortgage. Judgment for $485.40 and cost, and foreclosure.

John A. Weaver vs. The Moorefield Academy et al. L. E. Smith, Receiver, reported public sale of real estate to the school town of Moorefield for $275, which was approved.

Benjamin F. Smith vs. John F. Boulton; on note and in attachment. Judgment for $31.04. John K. Lewis, surviving partner of Hall & Lewis, also given judgment, on note by Boulton, for $182.55.

Archidile Edrington vs. Lemuel Edrington; divorce. Granted.

State vs. Gabe Robinson; giving away liquor on Sunday. Trial by Court, not guilty.
State vs. Felix Jones; selling liquor on Sunday. Trial by Court—not guilty.

The Sheriff reported Omer Fowler, Beniah Belden, and Robert E. Clark, selected by Jury Commissioners as Petit Jurors, not found; and he selected James S. Knox, Lemuel E. Turner, and Frank Miller to fill the vacancies.

State vs. John Bowie; petit larceny. Trial by Court—found guilty, and imprisoned in county jail for 60 days, fined $5, and disfranchised one year.

State vs. Robert A. Knox, Jr.; assault and battery. Plea of guilty—fined $10.

John W. Neal vs. Millard F. Wainscott; damages. Defendant filed application for change of Judge. Granted, and William R. Johnston appointed as special Judge to try the case.

William Acres vs. Ralph R. Stout; on account. Trial by Jury—verdict in favor of defendant.

Lucilla Protsman vs. Lucilla Jagers, Flora B. Morrison et al; to correct deed. All alleged by plaintiff admitted by defendants, and by agreement verdict in favor of plaintiff.

Luella Jagers vs. Joseph Jagers; to authorize plaintiff to convey real estate. Judgment by Court for plaintiff.

Luciella Goins vs. Robert Goins; divorce. Trial by Court—granted.

James R. Cole vs. Eugene Tardy; appeal by defendant from Justice of Peace. Trial by Jury; verdict for plaintiff, $1 damages.

Samuel Stucy, of Vevay, and Samuel Wade, of Patriot, were appointed by Court Jury Commissioners for one year.

Jacob Danner vs. John Todd; damages. Trial by Jury; verdict favor of plaintiff–$1200.00.

Clara Stockdale vs. Eliza McKay et al; partition. M. G. Keeney, Joseph H. Netherland and John Reed appointed Commissioners to partition land.

Sylvester Lanham vs. Freeman Russell; damages. Trial by Jury, verdict for defendant.

Morning morning, Nov. 4th, Hon. Francis M. Griffith, on behalf of the Bar of this Court, presented the following, which was seconded by Hon. W. D. Ward, unanimously approved, and ordered by Judge Downey to be placed on record:

“Whereas, the term of Walter C. Benedict, Clerk of the Switzerland Circuit Court, has just expired; therefore be it

Resolved, by the Bar of this Court, That as an evidence of the faithful manner in which said retiring Clerk has performed his duties, and that he has at all time been courteous and obliging, and that our relations have been pleasant, and that we wish him success in life, we asks the Court to order that this testimonial be spread on record.

Be It Further Resolved, That we also tender our best wishes to his successor, Edward E. Kelso, and assure him that we will join in an effort to render his official term pleasant, and that we will be ever ready to render him any assistance within our power to enable him to successfully perform the duties of the office now held by him.”

Janes A. Gibson vs. Reese McManama and Kate Parsons; for possession, etc. By agreement judgment rendered for the possession of real estate described; judgment for plaintiff.

John T. Riggs et al vs. Henry A. Martin et al; on note. Trial by Jury; verdict for defendants.

William Winter and Joshua M. W. Langsdale vs. Ted Carver et al; on account and to set aside conveyance. By agreement of all parties, there is due Gustaf H. Schrumf $908, and to William Winters $78.10; Joshua M. W. Langsdale $154.64.

Martha A. Rickter vs. Jacob J. Rickter; divorce, granted.

Ella Bucheit vs. Jacob Bucheit; divorce, granted.

David Dow vs. Frederick L. Thiebaud; on account. Trial by Jury; verdict in favor of defendant.

 

BEFORE HON. WM. D. WARD, SPECIAL JUDGE.

Erastus S. Downey vs. George W. Griffith et al; appeal. Trial by Jury, verdict in favor of plaintiff that he is owner of property claimed.

Prudence McCreary vs. The Laughery Turnpike Co. et al; for possession of real estate. Continued.

 

BEFORE HON. WM. R. JOHNSTON, SPECIAL JUDGE.

John W. Neal vs. Millard F. Wainscott; damages. Defendant submitted written affidavits for continuance. Granted.

Switzerland County, Indiana, Circuit Court report appeared in:
Vevay Reveille – 20 Jun 1895 – Page 4, Column 1

LAW REPORT.

Switzerland County Circuit Court—Judge Downey.

The Grand Jury was composed of George S. Hulley, William H. Madison, Ira Gullion, John Porter, Lan. Clendenning, John Brindley (appointed by Sheriff to take the place of George Harris, drawn but not now a resident of the county).

State vs. Fred Ogle; provocation, five cases. Plead guilty to four cases, other nollied. Fined $5 in each case and cost.

State vs. John Smith and William Jones; petit larceny. Smith sentenced to penitentiary for one year and fined $1 and Jones sentenced to the county jail for sixty days and fined $1.

Hannah Jagers vs. Mattie Townsent, Joseph Schmeid and Martha Bonnell; to quiet title. Granted.

George W. Fels vs. James Anderson; replevin. Judgment for plaintiff.

The Moorefield Academy and Free Will Baptist Church, in Moorefield, applied for appointment of a Receiver. The Court found that the Free Will Baptist Church had ceased to exist. Leonard E. Smith was appointed Receiver to take charge of assets of Moorefield Academy.

Matthew Brown vs. George W. Lock et al; on notes and for foreclosure of mortgage. Judgment $504.35 and for additional notes due October 7, 1895 $252.20, and October 7, 1895, $252.20. Mortgage foreclosed.

The Petit Jury was composed of William Thompson, David Hatch, Isaac Turner, William P. Hannah, Francis M. Brown, William McCreary, Enoch W. Protsman, William Rayburn, John D. Pendry, Cornelius Miller, Frank Houze, and Charles Humphrey. There being no cases for them to try they were discharged the third day of the term.

Before W. D. Ward, Special Judge:

Prudence McCreary vs. The Laughery Turnpike Company et al; for possession of real estate. The Statute providing that new trials shall be granted in such cases where sufficient bond is given for result, including damages and cost, the Court found the bonds presented good and sufficient, new trial granted.

Nancy Maples vs. Mary Stewart et al; to relieve from tax sale and quiet title. Judgment for plaintiff, each to pay their own cost.

Last Thursday the Grand Jury returned eight indictments, reported one person in county jail and the jail in good condition.

State vs. John M. Grammer; selling liquor on Sunday. Plea of guilty and fined $10.

George I. Moore vs. Nancy Maples et al; to foreclose mortgage. Judgment for $502.25. Cross complainant Nancy J. Stewart also given judgment against Nancy Maples for $367.50. Mortgage foreclosed. From proceeds of sale of land Moore to be paid first, and Steward second.

Thursday at noon Judge Downey appointed Hon. Leonard E. Smith special Judge, pro tem.

 

BEFORE HON. LEONARD E. SMITH:

On indictments returned by Grand Jury the following persons appeared and filed bonds for their appearance next term: Gabe Robinson giving away liquor on Sunday; Wesley McHenry, keeping public nuisance (charged slaughter house not in proper condition); Felix Jones, selling liquor on Sunday; Robert A. Knox, Jr., assault and battery (charged assaulted when making an arrest as a policeman); John W. Smith, James Torrance, William Resor and Alfred Rous, failure to perform their duty, (claimed that they did not do their official duty as members of the City Board of Health).

Jane A. Pavy and Evaline Tilley vs. Joshua Griffith, Jr., et al; for distribution by Julius C. Bersot, Administrator of the Estate of Lavina J. Griffith, deceased. Motion sustained, and Clerk ordered to pay $341.80 to Administrator, that he may equalize distribution.

In case of state vs. Millard F. Wainscott; assault and battery. Motion that three witness fees were erroneous, sustained.

Catharine Manford vs. John W. Manford; divorce. Granted.

 

PROBATE DOCKET.

Estate of John Patton, deceased, John K. Lewis Administrator. Final report approved.

Guardianship of heirs of Charles Olmstead, F. W. Cole guardian. Final report approved.

Guardianship of minor heirs of John Beatty, deceased, F. M. Griffith guardian. Final report approved as to Joseph D. Beatty, he being of age.

Estate of Victor Kessler, J. C. Long administrator. Report of sale of personal property approved.

Guardianship of Della Lock, F. M. Griffith guardian. Final report approved.

Estate of Cornelius Vandever, Fanny Vanever Administratrix. Sale of real estate to Harvey H. Buchanan approved. Also final report approved.

Estate of Nancy Ann Miller, deceased, Robert E. Hall Administrator. Final report approved.

Estate of Henry Stucy, Sr., deceased, Samuel Stucy Executor. Final report approved as to personal estate and continued as to real estate.

Estate of Wilson Driver, George H. Graves Administrator. Allowed claim of $42.

Estate of Thomas Delaney, deceased, F. M. Griffith Executor. Final report approved.

Guardianship of minor heirs of Oliver A. Day, deceased, Susan M. Jennings guardian. Final report approved.

The estate of John Patton, deceased inventoried $14,974.37. After credits of $1,184.49 for amounts paid by Administrator for costs etc., on final settlement there was left for distribution to the heirs, $245,877.58. In addition to this, there is left considerable real estate, which is not yet divided.

Switzerland County, Indiana, Circuit Court report appeared in:

Vevay Reveille – 4 Apr 1895 – Page 4, Column 1

LAW REPORT.
Switzerland County Circuit Court—Judge Downey.

PROBATE DOCKET.

The will of Charles O. Hastings, deceased, probated, by Frank S. Hastings, one of the subscribing witnesses thereto. Laura B. Hastings, his widow, accepted to take under will.

Sanford R. Wilson appointed guardian of Charles R., Lottie G., Earl A., and Sarah J. Wilson.

The will of Mrs. Fanny Gravener admitted to probate. Scott Carter subscribing witness.

The will of Henry Hudson Smith admitted to probate. John W. Lock and Samuel L. Danner, subscribing witnesses.

In the matter of the guardianship of the heirs of Elmer DeHart, deceased. Samuel M. Bonnell, guardian, reported his ward, Carrie DeHarte, had died, and that he had paid balance in his hands to Selar Mead, Administrator. Final report approved and discharged.

Estate of Edward P. Goddard, deceased. Final report of Thomas Carver, Administrator, approved.

Estate of John Dibble, deceased. Final report of Samuel Lostutter, Administrator, approved.
Guardianship of Daisy B. and Grace D. North, James M. North guardian. Final report approved.

Estate of Eliza Muret. Final report of Franklin P. Muret, Administrator, approved.

Estate of Lavina J. Griffith, Julius C. Bersot, executor. Andrew J. Schenck allowed claim of $48.85, also note of $103.15.

Estate of Peter Nichols, deceased. William S. Kincaid, Executor, given permission to sell real estate at private sale.

Estate of George Dibble, deceased. Edgar Dibble Administrator. Final report approved.

Estate of Henry Boyd, deceased, Mathias Funk appointed administrator.

Albert D. Reeves, minor heir of Thomas G. Reeves. Thomas J. Bliss appointed guardian.

Estate of Carrie D. Baker. Selar Mead appointed Administrator.

Estate of James Reed. William I. Reed appointed Administrator.

William S. Kincaid appointed Guardian of Addie Beck, minor heir of James Beck.

Estate of Cornelius Vandever. Fannie Vandever Administrator, granted permission to sell real estate.

Vevay Reveille – 11 Apr 1895 – Page 4, Column 2

LAW REPORT.
Switzerland County Circuit Court—Judge Downey.

CIVIL AND CRIMINAL DOCKET.

State vs. John Wiley; grand larceny. Plea of guilty, sentenced to penitentiary for two years and fined $20.

John H. Russe, of Lawrenceburg, admitted to practice in this Court.

Francis R. Dufour, Viola Dufour, Eleanor Thiebaud, George W. Dufour, and Eliza Dufour; ex parte petition for partition. Report of Commissioners confirmed and land divided accordingly.

R. Hankins & Co. vs. William Patton; on note. Judgment for $18.55.

Mary E. Stephenson vs. George H. Johnson; on note. Judgment for $51.

Jane A. Pavy et al vs. Joshua D. Griffith, Jr., et al; partition of land. Report of George S. Pleasants, Commissioner, sale of land, confirmed.

Mary C. Hastings et al vs. George P. Muret et al. The Clerk was ordered to pay to Sallie H. Muret, guardian of Altha Muret, distributive share of the proceeds of real estate.

Mary J. Rayle vs. Levina A. Stewart and Dora Stewart; partition. Report of Martin G. Keeney, Robert Bovard and Thomas J. Stewart, confirmed and land divided.

William Cousins et al vs. Thomas Cousins et al; partition. Report of George W. McKay, Lewis F. Works and Samuel McCreary, Commissioners, confirmed, and land divided.

State vs. Millard F. Wainscott; assault and battery. Prosecuting Attorney dismissed that part charging intent to murder. By agreement the case was submitted to Judge. Fined $25. On motion, the defendant was released from some costs assessed against him.

State vs. Elza Waltz; assault and battery. Plea of guilty, fined $5.

John Chapman vs. Armanda Chapman; divorce. Granted.

Indiana Shadday vs. Irvin M. D. Shadday; divorce. Granted. He to pay costs. By agreement, she to have custody of their child Lula; Richard Shadday, grandfather, given possession of their children Pearl and Richard.

Chimena Trautman vs. John Trautman; divorce. Granted.

Malvina Courtney vs. Elza Courtney; divorce. Not granted.

Hiram Jennings vs. Susan M. Jennings; divorce. Part of evidence heard, when plaintiff dismissed case.

Pearl Kizer vs. John Kizer; divorce. Granted. She given custody of their child John N.

Silas Lamkin vs. Henry W. Starker; replevin. Finding for plaintiff.

Maggie Coy vs. Henry Cousins; to recover possession of personal property. Judgment for plaintiff.

Susan K. Lanham vs. Sylvester Lanham; divorce. Granted, and $100 alimony, and costs, and given custody of child Lucy A. He given possession of the other children, Charles P. and Frederick.

William N. Pattie & Co. vs. Frank Taylor et al, on account. By agreement judgment rendered against defendant for $63.60, the plaintiffs to pay costs.

State vs. John B. Breeden; petit larceny. Indictment quashed and defendant dismissed.

Several cases were dismissed, and many cases continued.

—

Before W. D. Ward, special Judge pro tem.—Prudence McCreary vs. The Laughery Turnpike Company; to recover real estate. Motion for new trial overruled. Judgment for plaintiff, that she is the owner of real estate in question. By consent of plaintiff, it was ordered that no execution or writ of possession shall issue on this judgment for six months, and the defendant (The Laughery Turnpike Co.) shall have the privilege of removing the toll house building from said ground within said time. It was further ordered that the plaintiff shall not fence or encumber said land so as to obstruct travel over all parts of the defendant Company’s turnpike.

Court finally adjourned last Thursday.

Switzerland County, Indiana, Circuit Court report appeared in:

Vevay Reveille – 17 Jan 1895 – Page 4, Column 2

LAW REPORT.
Switzerland Circuit Court—Judge Downey.

The following persons composed the Grand Jury: James D. Glenn, Wm. H. Oatman, Harry N. Philips, A. P. Dufour, Edgar Dibble, and Charles McVey, (to fill vacancy because R. A. Harris not a resident of county.)

Frederick Wesler vs. the city of Lawrenceburg. Taken to Supreme Court and revered, opinion of Court spread on record. Appeal to pay appellant $84.15, costs. January 12, case finally compromised by agreement, and to be dismissed on first day of next term. City to pay Wesler $1600, and to vacate a part of street.

The Grand Jury returned five indictments.

Thomas Stevens et al vs. Stephen Stevens et al. Lewis F. Works Commissioner, reported sale of real estate, which was approved.

Cecile H. Shaw et al vs. James M. Crawford et al. Partition of land. The report of Martin G. Keeney. Franklin P. Muret and Milo Ogle, Commissioners, approved and land apportioned.

State vs. John W. Neal. Assault and Battery with intent to murder. Tried by Jury—Wm. Tait, James Kincaid, Jas. B. Ramseyer, J. B. Waldon, Geo. H. Vandever, James Hooten, Merit H. Banta, Oliver M. Smith, James B. Wallick, James Stewart, Geo. Bunger and Thomas Gilbert. Verdict, not guilty.

Judge Downey has appointed Hon. W. D. Ward to hold Court next Monday. He to try the case of Prudence McCreary vs. Laughery Turnpike Co.

Vevay Reveille – 31 Jan 1895 – Page 4, Column 3

LAW REPORT.
Switzerland Circuit Court—Judge Downey.

Levi Block vs. Henry C. Swango; damages. Supreme Court sustained decision of lower Court, spread on record. For defendant.

John Dennis et al vs. Will L. Mier; on note. Judgment for $190.00.

Rufus Dibble et al, ex parte partition, George W. McKay and Luther C. Buck, Commissioners, filed report of partition.

Francis R. Dufour et al, ex parte partition. M. G. Keeney, Alfred Shaw, Ebenezer Phillips, Commissioners, filed report of partition.

State vs. Walter Jennings; petit larceny. Not guilty.

State vs. seven boys for burglary. Tried by Jury. Two boys not guilty. Three sent to jail for ten days. Clifford Plew and Ed. Sturgeon sent to Reform School for boys.

State vs. Henry Greise, petit larceny. Guilty, and sent to penitentiary one year.

Ordered by Court that bail be required on indictments returned: Burglary, $500; grand larceny, $500; assault and battery, $50; provocation, $50.

William Cousin et al vs. Thomas Cousin; for partition. George W. McKay, Lewis F. Works, and Thomas McCreary appointed to partition the land.

George Ertell & Co. vs. George Walden and Jonathan M. Clark; to foreclose mortgage and for appointment of receiver. Judgment for plaintiff.

State ex rel Joseph E. Hart, Auditor of Switzerland County, vs. Mary C. Lostutter et al; foreclosure of school fund mortgage. Judgment for $1596.56.

Rodie F. Grisard et al vs. Zellie C. Dufour et al; for partition of Grisard estate. James M. Scott, Alfred Shaw, and George McKay, Commissioners, filed report of partition; and by agreement of all parties any one desiring to file exceptions to report allowed until first day of next term to do so.

—

Before Hon. W. D. Ward, special Judge to try case of Prudence McCreary vs. The Laughery Turnpike Company, for possession of real estate. Brought here on change of venue from Ohio County. The following were empanelled as a Jury to try the case: Joseph B. Ramseyer, Frank Rosenberger, James Buchanan, Albert Ricketts, Alex. Anderson, James Leap, Alfred Banta, Leander Clendenning, Oliver S. Johnson, Eugene Tardy, James Anderson, and Charles Noble. The Jury found for the plaintiff, that she is the owner of the land in dispute; gave her possession, and that the defendant pay her $25 damages. The Jury also answered nine interrogatories, which we condense as follows:

1, Yes, a part of land described in complaint does lie within the limits of the defendants turnpike road.

2d, Yes, James Holmes, then in life, did own the land described in complaint when toll house was built.

3d, Yes, said Holmes did own the land in 1875, at time addition was built to toll house.

4th, Yes, he did know that such building and addition were on same land from 1875 to the time of his death, in 1892.

5th, Yes, he did object to the maintenance of the toll house and toll gate, and did make his objections known to the Turnpike Company.

6th, Yes, he did accept the privilege of traveling said turnpike from his farm gate to Laughery Creek bridge without paying toll, as a consideration for allowing said defendant Turnpike Company to maintain said toll house and toll gate on said land.

7th, Yes, the Company did expend money, labor and material in building said toll house on the land in controversy—1844 and 1857.

8th, Said Holmes lived 250 yards from toll house.

9th, Yes, said Holmes did pass by said toll house within ten feet in going from his residence and returning thereto, for more than fifteen years.

The Court by agreement of parties, gave until next term to file a motion for new trial, or any other motion counsel may desire. The case vas vigorously contested by the many attorneys on both sides. Judge Ward proved himself entirely competent to try the difficult case, and by his fairness, impartiality and clear statement of law, won the respect and good will of the many attorneys in the case.

Vevay Reveille – 7 Feb 1895 – Page 4, Column 1

LAW REPORT.
Switzerland Circuit Court—Judge Downey.

PROBATE RECORD.

Mahala D. Searcy, guardian of Abbie Searcy. Final report approved.

Estate of Mary E. Wilson. Final report of John W. Knox, administrator, approved.

Estate of Peter Nichols, deceased. Cornelius Burns allowed claim of $3.40.

Estate of Lavina J. Griffith, deceased. Dr. Scott Culbertson allowed claim of $25.

James Shaw, guardian of Eddie Shaw. Final report approved.

Estate of James C. Park, being under $500, set off to his widow Susie E. Park.

Estate of Charles W. Clements, being $500, set off to his widow, Emma Clements.

Estate of George Adams, being under $500, set off to his widow, Louisa Adams.

Guardianship of Lulu and Hiram Williamson, minor heirs of Hiram Williamson, deceased. Harvey E. Walker, guardian. Report approved, and discharged as to Lulu and continued as to Hiram.

Estate of Oscar Leap, Albert E. Roberts administrator, presented his resignation, and he to be finally discharged upon payment of cost of administrator.

Estate of William Driver, deceased. J. W. VanOsdol and son allowed claim of $22.30.

Guardianship of Fleming Cousins, insane. Final report of Henry Cousins approved.

Guardianship of Della May Lock, F. M. Griffith reported sale of real estate, which was approved.

Guardianship of Frankie L. Stucy et al, minor heirs of Henry Stucy, Jr., deceased. Barbara Stucy reported sale of real esate, which was approved.

Guardianship of David Henry, legatee under will of David Henry, deceased. Eli S. Henry at his request finally discharged.

The acts of the Clerk during vacation were approved.

Several administrators and guardians made partial reports and their cases continued.

Switzerland County, Indiana, Circuit Court reports appeared in:

Vevay Reveille – 5 Apr 1894 – Page 4, Column 4

LAW REPORT.

Charles W. Stepp, John H. Russe, Jr., of Lawrenceburg, and Wm. W. Williams, of Rising Sun, were admitted to practice in this Court.

State vs. Henry W. Kittenbrink, assault and battery, two cases. Non prossed.

Albert Roberts, Administrator of the estate of Oscar Leap, vs. Robert Schools et al, damages. Dismissed.

Daniel Ulrey vs. Mary E. Lostutter and Wilson Lostutter, on note and foreclose mortgage. Judgment for plaintiff $1211.70, and foreclosure.

Eugene McCreary vs. Josie McCreary, divorce. Granted.

Mary C. Webster vs. William Maybin, civil damages. The verdict of Appellate Court confirmed the previous verdict of this Court, and spread on record.

Clara B. Blodgett vs. Harriet Blodgett et al, to quiet title and for partition. Judgment for plaintiff. George W. McKay, John Bakes, Jr., and Robert Scott appointed commissioners to make partition.

State ex rel Kezie Wehnere vs. Frank Horton. On application of defendant changed to Ohio County, and by agreement of parties case set for trial 3rd day of next term of Court.

Ed. P. Downey vs. Elizabeth Smith, on note and to foreclose mortgage. Judgment for plaintiff, $211.99 and foreclosure.

Maria Tucker vs. James Jennings, to set aside conveyance and to foreclose mortgage. Judgment for plaintiff and foreclosure.

Andrew J. Schenck vs. James B. Gullion, on account. Judgment for plaintiff, $73.65.

John J. McCreary vs. Viola and Thomas Lineback, to quiet title. Verdict for defendant.

James H. Daniel & Sons vs. William and Indiana Fulton, on account and to foreclose lien for material. Judgment for plaintiff $71.20.

Vevay Reveille – 12 Apr 1894 – Page 4, Column 3

LAW REPORT.

PROBATE DOCKET.

Estate of Lorena J. Riley, Joseph B. Ramseyer Administrator. Final report approved.

Estate of John C. Packingham, Thomas Carver Administrator. Final report approved.

Estate of John M. Kelly being under $500, was set off to his widow, Rosa M. Kelly.

Guardianship of Hannah J. Paugh, a person of unsound mind. Milford J. Paugh, guardian voluntarily resigned, and William Ralston appointed to succeed him, he given permission to sell real estate; afterwards sold and approved.

Estate of Lorenzo W. Hinman, George W. Land Administrator. Resigned, and Lemuel C. Turner appointed Administrator de bonis non.

Charles Peak, guardian of Ollie Peak. Sale of real estate approved.

Estate of Margaret Wade, Samuel W. Wade Administrator. Sale of real estate approved.

Estate of Nancy Ann Miller, Robert E. Hall Administrator. Sale of real estate approved.

Estate of Margaret Wade, Thomas Fulcher allowed claim of $12.65.

Estate of Catharine Edgar, Edgar Culbertson Administrator. Permission to sell real estate.

Estate of Edward P. Goddard, Thomas Carver Administrator. Permission to sell real estate.

Estate of Maria C. Powell, Sylvester G. Powell Administrator. Final report approved.

Estate of Zellie C. Grizard, F. L. Grisard Administrator. Final report approved.

Estate of Mary E. Wilson, John W. Knox Administrator. Sale of real estate approved.

Estae of George W. Heady, James P. Orem Administrator. Sale of real estate approved.

State on relation of John S. Heady vs. Eliza E. Heady; insanity. Trial by Jury; verdict for defendant.

Estate of William Norris, Geo. W. Norris Administrator. Andrew J. Norris allowed claim of $625. Miranda Norris, administrator of estate of Hugh L. Norris, allowed claim $230.

James A. VanOsdal, guardian of Joshua Reinner. Final report approved and he discharged.

Estate of Wade H. Jack, Mary H. Jack, Executrix. Sarah A. Bailey allowed claim of $172.15.

Estate of William P. Oak, Robert B. Littlefield Administrator. Final report approved.

Estate of Bennett Phillips, David H. Boyle Administrator. Final report approved.

Guardianship of Nora, Lewis and Dawson Stewart; Thomas F. McCreary guardian. Final report approved and resignation accepted. Alger Stewart appointed to succeed him.

Many Administrators, Executors, and Guardians, made partial reports.