Proceedings of the January 1870 Term of the Dearborn County, Indiana Common Pleas Court appeared in:
Aurora Peoples Advocate – 17 Feb 1870 – Page 3, Column 4

List of Cases Disposed of at the January Term of the Dearborn Common Pleas Court.

James W. Boatman vs. Joshua Bates, et al, continued until the next term of court.

Mary A. Ganter vs. Dominicker Ganter—dismissed in vacation, at the cost of plaintiff.

Anna Perine vs. Angeline Perine—continued until the next term of this court.

Thomas Mason, guardian &c., vs. B. Bradley—by agreement of parties, this cause is dismissed at the costs of def., and plaintiff has leave to withdraw papers.

Otta G. Kincaid vs. C. H. W. Wernicke—dismissed and costs paid.

Moses Maas vs. Joshua Bates et al—continued until next term of this court.

August Schultz vs. Andrew Billings—continued until next term.

First National Bank vs. Henry F. Ferris—continued to next term of this court, and alias process awarded.

State vs. Joseph Meunch—continued to next term and alias process awarded.

State vs. David Laughlin—continued until next term, and alias process awarded.

State vs. Strawder Cheek—comes the District Attorney and says he will not further prosecute said cause, and defendant allowed to go home.

State vs. McDonald Cheek—the Prosecutor enters a nol. pros., and defendant allowed to go home.

State vs. James Waller—the Prosecutor enters a nol. pros. in the above case.

State vs. Samuel Dean—the Prosecutor enters a nol. pros. and defendant allowed to go home.

State vs. Samuel Bean—Prosecutor enters a nol. pros. and defendant allowed to go home.

State on relation of Louisa Windhorst—continued until next term and alias process awarded.

State vs. Fred. Rusha—continued to next term and alias process awarded.

State vs. John Buell—dismissed.

State vs. Geo. Nevitt—dismissed.

State vs. David Tibbetts—continued to next term and alias process awarded.

State vs. Nathan Wilson—continued to next term.

David T. Hunter vs. Vietus Radspinner—dismissed at plaintiff’s cost.

Walter & Schotter vs. Timothy Guard—judgment by default for $392.48.

Nathaniel Todd, Isaac Bruce, Margaret Todd, Lemuel G. Elder, Ben. P. Boardman, John Bruce, Wm. H. Small, Cyrus Canfield, and Geo. Mentell vs. The North Hogan Turnpike Co.—dismissed at the costs of plaintiffs.

Geo. W. Cochran vs. Wm. Scobell—by agreement, judgment rendered for $167.50 in favor of plaintiff.

Wm. G. Berkshire vs. James Cummings et al—dismissed by plaintiff at his own cost.

Peter Walter vs. Kosmas Frederick—judgment by default, for $105.54.

Joseph Sacks et al vs. James N. Abbott—judgment by default for $193.40.

Chas. B. Burkam vs. Timothy Guard—judgment by default for $163.60.

Leopold Peppenheimer et al vs. James H. Abbott et al—judgment by default for $247.38.

Chas. B. Burkam vs. D. M. Guard—judgment by default for $89.07.

Nicholas Lacy vs. Aurora Chair and Furniture Co.—judgment by default for $150.00.

John Spidell vs. Henry Beckman et al—continued to next term.

Lawrenceburg National Bank vs. Jacob Rief et al—Judgment by default for $267.45.

Boez Bell vs. Kosmas Frederick—judgment by default for $116.40.

State vs. Strange Noyes—the defendant moved the court to quash information, which was sustained.

State vs. H. C. Vincent—continued to next term.

Delannah Hayes vs. James C. Hayes et al—continued to next term of this court.

Geo. B. Fitch vs. Noah S. Given, adm’r et al—judgment by default for $195.88.

Henry H. Meyer vs. Noah S. Givan, adm’r et al—judgment by default for $106.50.

State vs. Michael Rupp—court granted change to Ohio county.

State vs. Oran Judd—malicious trespass; found guilty, and fined $5.00 and costs.

State vs. Benj. Woolen—motion to quash sustained.

City of Lawrenceburg vs. Elias F. Tenney—dismissed.

Edmund G. Webster et al vs. Henry Nebruggee et al—dismissed and costs paid.

State vs. William Bryant—assault and battery; plead guilty, and fined $1.00.

State vs. John B. Liddell—continued to next term of court.

Chas. B. Burkham vs. J. C. Craig et al—trial by court—judgment for $909.34.

On motion of F. Adkinson, Esq., P. W. Francis was admitted to practice at this bar.

State vs. Jeremiah Crosby—dismissed.

State vs. Geo. Laird—assault and battery—plead guilty, and fined $3.00 and costs.

Joseph H. Burkam vs. C. H. W. Wernecke—dismissed at defendant’s costs.

James A. Burdsel et al vs. John M. Hoover—judgment by default for $259.98.

Leopold Poppenheimer vs. John M. Hoover—judgment by default for $210.25.

State vs. Welton Herrick—assault and battery—trial by court, fine thee dollars.

James H. Kirkpatrick vs. Wm. H. Baker—judgment by agreement $1,200.

State vs. Robert Huddleston—continued.

State vs. Babe Skinner—continued.

State vs. John Godfrey—assault and battery—trial by court; not guilty.

State vs. W. F. Howard—assault and battery—trial by court; not guilty.

State vs. Wm. Brown—trial by jury; not guilty.

State vs. Ezra Bonham—carrying concealed weapons—trial by jury; fine one cent and costs.

Geo. Cochran vs. John Mahoney—dismissed at defendant’s costs.

State vs. Homer E. Huffman—assault and battery—continued.

James Tebow et al vs. Joseph Hayes—dismissed by agreement at def. costs.

Peter Vogel vs. I. C. & L. R. R. Co.—change of venue to Ohio county.

State vs. Taylor Baker—malicious trespass—trial by jury; guilty; fine $5.00.

State vs. Alex. Moody—assault and battery—trial by jury; fine one cent.

State vs. Clarence Ball et al—malicious trespass—motion to quash sustained.

State vs. Betsy Jackson—assault and battery—trial by jury; fine one cent.

State on relation &c. of Mary Bartholome vs. Andrew Bartholome—bastardy—dismissed.

State vs. Louis Stein—assault and battery—trial by jury; fine one cent.

Ambrose Buschler vs. Louisa Weichman—continued by agreement.

Franklin College vs. L. G. Harlbert.

Same vs. W. S. Holman—continued by agreement.

State vs. Geo. W. Kelley—adultery—trial by jury—not guilty.

Dryloss, Kahn & Co. vs. Jacob Ingenthron et al—dismissed at the cost of def.

State vs. Thomas Foster—assault and battery—trial by jury—fine one cent.

State vs. Robt. Huddleston—assault and battery—trial by jury; fine $1.25.

On motion of John K. Thompson, Esq., Mr. Geo. W. Roberts is now admitted as a member of this bar.

Julius Severin vs. The Aurora Brewing and Malting Co.—dismissed by agreement and to be transferred to Circuit Court.

Huldah Osgood vs. John B. Vail et al—continued by agreement.

Peter Barroinger vs. Wm. H. Terrill—dismissed at plaintiff’s costs.

James Houiker vs. Chalon Goodwin—by agreement, the plaintiff is to recover $150.

State vs. Martin Roof—malicious trespass—trial by jury; not guilty.

H. D. McMullen & J. M. Dunn vs. Jos. Vaughan—dismissed at def. costs.

Abiah Hayes vs. B. Bradley et al—dismissed at def. costs.

Joseph H. Burkam vs. Robt. E. Jeffey—trial by jury, and judgment for $217.85.

On motion of John Schwartz, Esq., Judge S. Major is admitted and sworn as a member of this bar.

Jacob Hayes vs. Geo. S. Farral—trial by court, and judgment for one hundred and thirty one dollars and eighty-five cents.

First National Bank of Aurora vs. Joel P. Ulrey et al—judgment by agreement for 285 dollars and 10 cents.

Ezra G. Patterson vs. B. Bradley et al—trial by jury; judgment for 288 dollars.

Ann Grady vs. John Shehee—dismissed at cost of plaintiff.

Louis Stein vs. John Hornberger Jr. and Richard Hornberger—trial by jury; judgment for 57 dollars and 50 cents.

Jacob Harvey, adm’r vs. A. Brogan—trial by court, judgment for $40 dollars and 54 cents.

Proceedings of the February 1869 Term of Dearborn County, Indiana Common Pleas Court appeared in:

Aurora Peoples Advocate – 4 Feb 1869 – Page 3, Column 2

COMMON PLEAS COURT.
Scott Carter, Judge. The docket is encumbered with a large number of cases, few of which are of much interest to the public.

State of Indiana vs. Blythe Buffington for netting fish in Tanner’s creek. Fine of $10 and costs.

State vs. Ludwig Snyder for netting fish in Tanner’s creek. Fine of $5 and costs.

State vs. Wm. Chisman—Assault and battery. Fine $5 and costs.

State vs. Jacob Roadsmasher, violating game law. Fine of $2 and costs.

State vs. Waller, pulling melons off of vines. Fine of one cent and costs.

Louis F. Schoroeder vs. Wm. H. Terrill. Suit to recover bounty from defendant, as agent of a club formed to avoid draft. Judgment for defendant.

The trial of the Walter Hayes will case has been postponed until the first Tuesday in April.

Aurora Peoples Advocate – 18 Feb 1869 – Page 3, Column 1

Court Report.

State vs. James Thompson. Recognizance forfeited.

State vs. Benjamin Taylor. Betting on election. Indictment quashed for informality.

Job M. Hayes vs. Abiah Hayes and Isaac Hayes. Suit upon contract, for weighing corn over scales of defendants. Judgment for defendants.

Job M. Hayes vs. Joseph H. Hayes and Abiah Hayes. Action upon contract to pay certain debts. Judgment for plaintiff for $121 and costs.

Wm. M. Arnold vs. White Water Valley Railroad Co. Appeal. Action for injury of stock. Judgment for plaintiff for $40 and costs.

Mason & Beckman vs. Western Union Telegraph Company. Action for damage in failing to transmit dispatch. The Telegraph Co. claim that the printed notice on their blank dispatches which they use that they are not liable for mistakes or delays, is in bar of any damage; to this the plaintiff demurs. The demurrer is sustained.

Proceedings of the January 1868 Term of the Dearborn County, Indiana Common Pleas Court appeared in:

Aurora Commercial – 25 Jan 1868 – Page 1, Column 2

Common Pleas Court.

The docket of this term of court is quite large, but little business has been done this week except rendering judgments in cases of default. The following State cases have been disposed of:

State vs. Emerson, charged with disturbing a spelling school; fined $5.

State vs. Feeley, charged with assault and battery; acquitted.

A guardian was appointed for William Johnson, of Lawrenceburg, a person of unsound mind.

Aurora Commercial – 8 Feb 1868 – Page 1, Column 1

Common Pleas Court.

The following cases have been disposed of since our last report:

Gaff and others vs. the Aurora Brewing and Malting Company. Judgment by default for $40,000.

Kelley vs. Heimberger. Verdict for defendant. A motion for a new trial was made.

All the cases growing out of the Aurora Catholic Church difficulty have been settled and dismissed.

Omer Tousey vs. city of Lawrenceburgh. Two cases, for the recovery of taxes erroneously assessed and collected some years ago. Judgment by agreement in favor of plaintiff, for about $390.

A. M. Ross vs. Samuel McCoy. Action to recover money alleged to be due plaintiff in settlement of partnership. Defendant alleged payment. Dismissed by plaintiff at his own costs.

Terrill vs. Schlout. Action for debt. Judgment for plaintiff for $178.

Andrew Sturm vs. the I. & C. R. R. Co. Suit to recover the price of a cow killed by the cars. Judgment for the plaintiff for $80.

In all other railroad cases pending at this term, a change of venue was taken by the Company, and the cases, some six or seven in number, sent to Ohio County.

Richard Mason vs. Lewis Mason et als. Suit to contest the will of Charles Mason, deceased. The case was tried at the last term of this court and a verdict rendered against the validity of the will. At this term a new trial was granted, whereupon the case was dismissed, which leaves the will in force.

James L. Yater et als vs. Thomas Pattison et als. Suit on official bond. In this case a change of venue was applied for by the plaintiff, and the case was sent to Switzerland county.

Davis vs. Dawson et al. Suit to recover damages for refusal of possession of a house. Verdict of $75 for plaintiff.

Hargitt vs. Wangler. Suit for price of pasturing cattle and damages. Verdict for defendant.

Stevens vs. McKinney, suit for partition. Granted and commissioners appointed to make the partition.

Grady vs. Shehe and I. & C. R. R.—Change of venue to Ohio county.

Nearly three hundred informations for selling liquors in violation of law have been filed. About eighty cases have been tried, and a fine of $5 assessed in each case.

Aurora Commercial – 15 Feb 1868 – Page 1, Column 2

Common Pleas Court.

The following cases have been disposed of since our last report:

Dair & Dair vs. Nowlin. Judgment for plaintiff for $25.

Schroeder & Barwinger vs. Collier et al. Continued.

Lemon vs. W. V. R. R. Co. Judgment for plaintiff for $52.25 and costs.

Convoy vs. Slammon. Judgment for plaintiff for $275 and costs.

Case vs. W. V. R. R. Co. Action for stock killed; judgment for plaintiff for $65.

Hayes vs. Sheldon. Verdict for defendant.

Arnold & Baker vs. B. & O. S. Mulford. Verdict for defendants.

State vs. McCune, charged with larceny. Acquitted.

Jane E. Hayes, wife of Edward Hayes, was found to be of unsound mind. No guardian has yet been appointed.

John P. Walker was appointed guardian of the estate of Zachariah Barker, of Washington township, who was found to be of unsound mind.

H. H. Mathews and C. C. Binkley were admitted to practice in this Court.

The Court will probably remain in session all of next week.

Proceedings of the July 1867 Term of the Dearborn County, Indiana Common Pleas Court appeared in:

Aurora Commercial – 20 Jul 1867 – Page 1, Column 2

COMMON PLEAS COURT.

The July term of this court convened on Monday last, Judge Lamb presiding. But little has been done beyond calling the docket for issues, and hearing motions. The following State cases have been disposed of:

State on the relation of Criswell vs. Criswell, surety of the peace. The defendant entered a plea of guilty and was required to enter into bond, to keep the peace for six months.

State vs. Madigan. Violating the liquor law. There were eight cases against the defendant, in four of which the defendant pled guilty and the others were dismissed.

Same vs. Mrs. Madigan. Same charge. Two cases were tried by Jury, is one of which there was an acquittal, and the other a conviction and a fine of $5 assessed.

The case of the State against numerous persons for the alleged commission of riot at the Catholic Church, in Aurora, on Sunday a few months since, is now on trial and bids fair to occupy several days, as there are some twenty or twenty-five witnesses, and the examination of the first occupied about three hours.

The Court will probably be in session about five weeks.

Aurora Commercial – 17 Aug 1867 – Page 1, Column 4

Common Pleas Court.

William Medler was charged with grand larceny; verdict of guilty rendered, and the prisoner sentenced to confinement in the penitentiary for two years.

Hamilton & McCausland vs. I. & C. R. R.—Action to recover for sheep killed and injured by the locomotive and cars running on the road of defendants.—Judgment for plaintiffs for $78.

A. M. Ross vs. S. H. McCoy.—Suit to recover a balance alleged to be due for a stock of drugs sold by plaintiff to defendant. Two juries having failed to agree, the second panel was discharged and the case continued.

Mason vs. Mason.—Action to set aside a will. Verdict for plaintiff.

Watkins vs. York. Suit to recover for work done. Finding for the defendant.

The Court will adjourn today, as it cannot legally sit longer, leaving a number of cases to lie over until the next term.

Proceedings of the February 1867 Term of the Dearborn County, Indiana Common Pleas Court appeared in:

Aurora Commercial – 2 Feb 1867 – Page 1, Column 3

Common Pleas Court.

The following cases of interest have been disposed of during the present term:

Joseph Taylor vs. Emily Taylor—Divorce. Dismissed for want of prosecution.

Anne Burgen vs. William Burgen—Divorce granted plaintiff, and custody of infant child.

The Protection Insurance Company, of Goshen, Ind., has commenced suit against numerous citizens of this county, who took out policies of insurance and gave their notes. In all of them a rule of answer has been taken.

Estate of Emma Shuts vs. Estate of Wm. H. Davidson—Judgment for plaintiff for $649.

State on complaint of Anna Iden vs. William Miller—Bastardy. Judgment of Court for $350, payable in installments.

State on complaint of Amanda Morrison vs. John Judd—Bastardy. Judgment for $150—the children having been prematurely born.

Samuel Griffin vs. I. & C. Railroad—for stock killed. Change of venue to Ohio county, on application of defendant.

John T. Parker vs. I. & C. Railroad—for stock killed. Change as above.

Christena Walker vs. John P. Walker—Executor Will of Robert Walker. Petition against Executor to secure her rights under the law, instead of taking under the Will. Answer—that she is stopped from making such claim, having endorsed upon the Will her acceptance of the same. Answer sustained by Court, and judgment against plaintiff.

Margaret Monto vs. Peter A. Monto; divorce granted on account of abandonment, and custody of children awarded the plaintiff.

Hayes & Brother vs. James Miller—Question of sufficiency of service. In May last defendant purchased corn of the plaintiffs, and started on a voyage to New Orleans, since which time no intelligence has been received of his destination and fate. The service of protess was by leaving a copy at his last known place of residence. A special appearance has been entered for the purpose of determining the sufficiency of that kind of service.

Aurora Commercial – 9 Feb 1867 – Page 1, Column 2

Court of Common Pleas.

Since our last report the following cases have been disposed of:

Enoch McElfresh vs. Nancy Guard. This was a suit to determine the validity of the will of Mrs. Eliza McElfresh, and the trial occupied the greater part of the week. The jury found in favor of the validity of the will.

Sarah A. Power vs. Benj. Vail, et als. This was a suit to contest the validity of the will of the last William Tell Harris. The legatees, who were the defendants in the case, answered that Mrs. Powers, the plaintiff, had, before bringing her action, accepted a legacy, under the will of $3,000, and that she was therefore estoped to deny the validity of the will. To this it was replied that the plaintiff was the only child of the testator, and was therefore entitled to the money as heir at law—but the court held the reply insufficient and rendered a final judgment against the plaintiff.

Numerous cases were brought at this term of the court by the Protection Mutual Insurance Company, of Goshen, Ind., against various parties to collect assessments made against the defendants upon their premium notes executed to the company. A decision of the Supreme Court recently made was produced, holding that the money could not assess and collect a greater amount than was necessary to meet actual losses and expenses, and the assessments made by the Protection Insurance Company was conceded by council for the company under the decision, to be illegal, and the suits were all dismissed.

Hannah Love vs. Samuel Love.—Action on the ground of cruel treatment and drunkenness, and failure to provide for his family. A divorce was granted and $150 alimony.

The case of the city of Aurora vs. property holders on Market street, was continued until the next term.

This being the last week allowed by law for the sitting of the court, a number of cases will necessarily go over for want of time to try them. We will conclude our report of cases tried at this term next week.

Aurora Commercial – 16 Feb 1867 – Page 1, Column 2

Common Pleas Court.

The following is the conclusion of Court Proceedings of last week:

Oliver H. Liddell, Major J. W. Eggleston, and A. S. Embree, were admitted to the bar.

George Beyell was alleged to be insane, and so found. Frank R. Dorman was appointed by the Court his guardian.

Ross vs. McCoy.  Action for settlement of partnership account in drug store business at Batesville. Trial by jury and verdict for plaintiff in the sum of $485. Motion for new trial was made and granted to the defendant, at his cost.

Hazlett vs. Cook. Action upon notes of hand. Trial by jury, and judgment for amount of notes, less $53.

Henry Hopken and wife vs. Henry Nolte. Action to recover money and property of the son of the wife of plaintiff, who was a minor, and who died in the army—the deceased was also a brother of the defendant. Defense, that the brother should share with the mother said property of the deceased son and brother. Trial by jury, and verdict for the mother, in that she was entitled to the entire property.