Civil Record

Date

Plaintiff

Defendant

Others

Miscellaneous

Court information

Order Book 42

March Term 1908, Page 140

No defendant No plaintiff Case to Declare a Trust Deed enforce Trust Damages

Order Book 42

March Term 1908, Page 142

No defendant No Plaintiff. Case to Foreclose Mechanics Lien.

Order Book 42

May Term 1908, Page 320

Beaty, Amos et al

Other Defendant Maude B. Beaty

Promissory Note. Defendants in default.

Order Book 42

October Term 1908, Page 368

Clark. ? E.

? Toledo and Chicago Interurban R.R. C.

Specific Performance Quiet Title Case is dismissed at the defendant’s costs.

Order Book 42

December Term 1908 Page 505

Columbia?

Zerkle, Uriah S.

Case 8435 no details.

Order Book 42

Microfilm Roll Civ. 01

October Term 1908, Page 368

Index Point 000789

Kemery,?

Kemery, Myrtle

Zeigler, ?

Zeigler, Eunice

Quiet Title to recover Possession of Real Estate. Pages burned.

Order Book 42

May Term 1908, Page 318

Ross, Jay et al

Other Defendants; Geo. Ross and W.G. Conley

Foreclosure of Mortgage. Good share of document destroyed. Name of plaintiff missing. Machinery and fixtures in the Laundry in lots 23 and 24 in the original Plat of Garrett were being foreclosed.

Order Book 42

May Term 1908, Page 249

Abel, Charles

Hetzner, Thomas

Other Defendant: W. H. Kiblinger Co.

Proceedings supplemental to Execution. Thomas Hetzner three times called and in default. Parts of the document destroyed.

Order Book 42

Auburn Weekly Courier

Auburn Courier

March Term 1908 Page 142, 183, 193, 210, 214

December 19, 1907

Thursday August 20, 1908

Allen, Mary Edith Admr. of the Estate of Emma J. Frederick

Allen, Mary E.

Slaybaugh, Hiram H. Treasure of DeKalb Co. H. et al

Slaybaugh, Hiram the County Treasurer

Other Defendant Shook, Emery A.

Injunction. Page 183 Case continued. Page 193 Cause is dismissed (Case 8137), Page 210 Case 8254 Case Continued. Page 214 Case 8254 Case continued.

Paper States: Mountz && Brinkerhoff, of Garrett, as attorneys for Mary Edith Allen, administrarix of the estate of Emma Frederick, deceased, have begun suit in the circuit court against Hiram Slaybaugh and Emory Shook, respectively treasurer and auditor of DeKalb County, asking that the defendants be permanently enjoyed from selling real estate for the collection of back taxes against said Frederick estate.

: The complaint states that in 1906, the assessor of DeKalb county assessed back taxes against Emma Frederick, without notice to her, amounting with penalties attached, to $897.31 and that the defendant Slaybaugh, as Treasurer and defendant Shook as Auditor, respectively of DeKalb County are threatening to sell certain reel estate of the defendant to satisfy said taxes."

Paper states case is to enjoin the collection of taxes."

Order Book 42

May Term 1908, Page 270-273

A. D. Baker Co.

Clinesmith, Theodore

Other defendants: J. I. Case Threshing Machine Co. Geiser Manufacturing Co. Arbuckle Ryan Co., Emanuel Kimmel, William M. Deetz, Elmer Deetz, Edward Haney

Foreclose Mortgage. Each of the groups appears by their Attorneys. Court finds that the defendant Clinesmith is indebted to the Geiser Manufacturing co. in the Amount of $636.31 which is secured by a chattel mortgage on 1 ten Roll Stevens Corn Husker, 1 tank and wagon, one Buzz with all fixtures and appurtenances Above to be sold. On the cross-complaints of Kimmel and Haney Court finds that Defendant Clinesmith on a note to George Rhinehart for $830. defendants are sureties (part of document destroyed). There are other judgments and foreclosures on property.

Auburn Courier

Thursday, November 19, 1908

American Seeding Machine Co.

Grabill, Henry

Suite to recover $225 on noted signed by Henry Grabill of St. Joe.

Auburn Courier

January 21, 1909

Anderson, Celestia A. et al

Hawkins, Esther

Partition of Real Estate.

Order Book 42

May Term 1908, Page 274

Anderson, James M.

? & Michigan and Southern R. R. Co.

Most of document destroyed. Plaintiff it looks like another name is missing and the word admr is by James M. Anderson

Damages.

Order Book 42

March Term 1908 Page 117

Arbuckle Ryan Company

Currie, William

Accounts. Case 8082 is dismissed.

Order Book 42

March Term 1908, Page 162

Auburn State Bank

Sanders, William P. et al

Other Defendants: Jeremiah Rastler, Michael Bishop, George F. Baltz

Promissory Note. Defendants notified and are in default. Court finds that the Plaintiff is due from the Defendants: $97.18.

Order Book 42

Auburn Courier

Microfilm Roll Civ. 01

October Term 1908 Page 367

Thursday, October 1908

Thursday, November 19, 1908

Index Point 001927

Baker, Aaron S. Admr. Of the Estate of Emma J. Baker, deceased

John E. Baker Moss Co.

In Recorder’s Office Miscellaneous Book F Pages 192, 193 are the articles of Incorporation for the John E. Moss Co.

Note See also Order Book 43 page 8.

Foreclosure of Mortgage Case 8370. Court finds against all defendants. Plaintiff to recover $2,146.

Aaron S. Baker, as Administrator of the estate of Emma J. Baker, deceased, has brought suit in the circuit court at Auburn to recover $2000 on a promissory note against the John E. Baker Moss Company. D. M. Link as attorney for the plaintiff, alleges in the complaint that on June 23, 1906, Emma Baker sold real estate, situated near Garrett to J. E. Baker as trustee for the company and took the latter’s note for $2000 payable one year after date. This note remains unpaid. Hence the present suit.

Thursday, November 19, 1908 paper states: In the case of A. S. Baker, administrator of Emma J. Baker estate vs. John E. Baker Moss Company foreclosure of mortgage. Judgment was given plaintiff in the sum of $2,146.

Index point 001927-001941

Order Book 42

March Term 1908, Page 171, 178, 179, 212, May Term 1908 Page 254

Baker, Brittie, et al

Benninghoff, Augusta H et al

Other Plaintiff Robert Baker Callie A. Walter, John H. Benninghoff Other Defendants Grace Eytchie Messer & Sylvanus M. Messer , Chas S. Zinn Admr of the Estate of Sarah Baker, deceased

Partition. Defendants appear with their attorneys. Pages 178, 179 Court finds that Britte E. Baker and defendants Augusta H. Benninghoff, Calle A. Walter, Grace Eytchie Messer and Sylvanus M. Messer are tenants in common. Parts of the document destroyed by fire. A percentage of the owners are defined and appears land is sold. Page 212 May Term 1908 the Commissioners are authorized to make sale of property. Sold for $3,850. to Price D. West. Page 254 Case continued.

Butler Record

January 3, 1908

Baker, Joshua et al

Toledo & Chicago Interurban RR Co.

"To compel them to abide by contract made when plaintiff’s sold them right of way across their land near Altoona in which four farm crossings were to be constructed and maintained and $400. judgment.

Order Book 42

October Term 1908, Page 389, December Term 1`908 Page 501, 509, 510, 511, 512

Baker, Manda

Miser, Christian et al

Case 8384. Page 501 Most of document destroyed - Partition. Page 509 Most of the document destroyed by 1913 fire.

Order Book 42

Auburn Courier

Garrett Clipper

March Term 1908 Page 118, 129, 168, 177, May Term 1908 Page 265, Page 284, October Term 1908, Page 369

January 26, 1908

Thursday, June 25, 1908

April 9, 1908

Baker, Mary C.

German fire Insurance Co of Pittsburgh, Pa

There are also articles in the Garrett Clipper starting with the January 16, 1908 issue and following issues.

To recover Insurance on Property Page 129 Attorneys appears for Plaintiff and Defendant. Page 168 Case Continued. Page 177 Case Continued. Page 265 Non-residency of Plaintiff .Page 284 no details. Page 369 Case 8153. Details destroyed by fire of 1913.

Mrs. John C. Baker brings suit against Germania Insurance Co of Pittsburgh, Pa to recover $1500 insurance covering the fixtures, stock etc in the meat market conducted by the Bakers. She claims she is the owner. In June 1907 two store building in Garrett burned. John C. Baker and his son Arthur were charged with having set fire to the building that the Bakers were occupying. The two Bakers were arrested and indicted by the grand jury. They are now out of jail awaiting trial on the charge of arson. Trial set for January 22. In the Auburn Courier January 30, 1908 there is a detailed account of the trial. The final verdict Jury find the defendants John H. Baker and Arthur Baker Not guilty as charged in the indictment.

Paper States "The prosecution for the state of Indiana thought that the circumstances connected with the fire indicated that it was of incendiary origin and that the Bakers, father and son, had set fire to it in order to secure the insurance. Despite this failure to convict the two Baker, the insurance company refused to pay Mrs. Baker the amount for which her insurance policy called. "

"The final chapter in the Baker meat market fire closed here Tuesday afternoon when Attorney Shaprless, representing Mrs. John E. Baker, and Mr. Flood, special agent of the Home Insurance Company, reached an agreement and the loss sustained by Mrs. Baker was settled. Never before has a fire in Garrett been followed by so many legal entanglements. First, the Bakers, father and son, were arrested for arson and in a short preliminary hearing were discharged by Justice Beehler. Later they were re arrested and acquitted after a hard fought legal balled in less than fifteen minutes by a jury in the circuit court. The property destroyed belonged to Mrs. J. E. Baker and she had to bring suit for the insurance, which case, as above stated, was settled out of court here Tuesday.

Order Book 42

March Term 1908 Page 139

Beard, George M.

Zimmerman Mfg. Co.

Breach of Contract Examination of the Plaintiff ordered published.

Order Book 42

March Term 1908, Page 120, 121, 122

Beechler, Mary W.

Jones, Eliza et al

Other Defendants Husband of Eliza Jones and the heirs of both, Sarah Ann Shilling, Caleb Jones, his wife and heirs, Mary Shreve,, her husband and heirs, Margaret Milligan, guardian and heirs, Sarah Swihart, husband and heirs,

Notice has been published in the DeKalb County Herald.. Defendants are in default. Court decrees that the Plaintiff is the owner of the Southeast ¼ of Section 13, Township 35 North Range 14 East, excepting 40 acres of land described as the South ½ of he South ½ of said ¼ Section of said tract which contains 120 acres more or less. The mortgage executed on the 28 of April, 1863 by John and Mary Garber to Margaret Milligan and recorded in Mortgage Record 34 page 428 has been satisfied. Mortgage executed June 10, 1863 by John and Mary Garber to Eliza Jones and Mary Sherer and recorded in Mortgage Record 4, Page 212 has been satisfied. Mortgage executed on April 20, 1900 by John and Mary Garber to Sarah Swihart and recorded in Mortgage record 43, page 233 is satisfied.

Order Book 42

March Term 1908, Page 195, 196, 211

Benneyhoff, Sanile

Dayton, ?, wife of Azon H. Dayton, et al

Other Defendants: ? Bonberger, wife of William Bomberger.

Notice of action filed in the Waterloo Dawn. Defendants in default. (Good part of document destroyed). Page 211 Quiet Title. Court decrees that Plaintiff is the owner of the South ½ of the Southwest ¼ of Section 19 in Township 35 North of Range 14 East. Also the Southwest ¼ of the Southwest ¼ of Section 20, Township 35 North of range 14 East.

Order Book 42

Garrett Clipper

March Term 1908, Page 171, 177, 230

June 4, 1908

Bligh, Martin J.

Bapst, Lawrence

Account. Page 177 Case continued. Page 230 (Part burned but seems to be part of same action) Plaintiff to recover $281.33 from Defendant.

Martin J. Bligh of Logansport was given a judgment for $350 against Lawrence Bapst of this city last Thursday.

Order Book 42

December Term 1907 Page 104, 111

Blum, August F. etal

Vandalia Railroad Co.

Other Plaintiff Mary Blum

Note the surname Blum could be Bloom. (Hard to read)

Pay for erecting a fence. Court finds that Plaintiff is due to recover from defendant $141.50. Defendant motions for a new trial. Court overrules, Plaintiff prays an appeal to the Appellate Court. Page 111 case to Appellate Court According to the Auburn Paper January 16, 1908 it was erected on the right-of-way of the railroad.

Order Book 42

May Term 1908, Page 325

Boland, Michael

Upson, Jessie et al

Wife of Jessie Upson deceased, heirs of Jessie Upson deceased, etc.

Case 8283 Quiet Title. Notice of action filed in the Auburn Courier. Defendants in default. Court orders that the Plaintiff is owner of Northeast ¼ of Section 25, Township ?, Range 13 East 34 99/100 acres of land. (some of document destroyed by fire)

Order Book 42

March Term 1908 Page 115

Boozer, Ralph et al

Supreme Lodge Modern American Fraternal Order

To recover insurance. Summons to the defendant by the Sheriff of Marion County.

Order Book 42

Auburn Courier

March Term 1908 Page 118, 155, May Term 1908, Page 217, 232, 236, 277, 285, 311, Page 343, 345, 425

Thursday, November 19, 1908

Bordman, Will H.

Dolph Clara B. et al

Other Defendants: Geo. O. Dolph, the City of Garrett and the unknown lien holders

Partition Case 8182. Page 155 Dolphs file a general denial. Page 217 Clara B. Dolph files a cross-complaint. Page 232 Request to make complaint more specific. Page 236 Case continued. Page 277 No details. Page 285 No details destroyed by fire. Page 311 no details. Page 343 Page 345 no details. Page 425 Most of document destroyed by 1913 fire. James H. Rose was appointed Commissioner to Sell real estate and his bond was fro $10,000.

Notice in a local paper.

Judge James H. Rose has been appointed commissioner to sell four properties in Garrett in dispute by Will H. Bordman, George Dolph and others. He gave bond in the sum of $10,00

Order Book 42

Garrett Clipper

May Term 1908, Page 210

May 14, 1908

Brougan, Edna

Brougan, Frank A. et al

Other Defendant Baltimore and Ohio R. R. Co.

For support.

Mrs. Edna Brougan of this city has brought suit in the circuit court against her husband, Frank Brougan, and the B. & O. railroad to secure support and maintenance. She charges her husband with abandoning her in April after two years of married life, leaving her with no support. He has been a fireman on the B. & O. and has $100 due him as wages, which she wants. Her husband was recently discharged, according to the petition.

Order Book 42

March Term 1908, Page 140, 155

Bruce, Harry C. et al

Rahmer, William

Specific performance of Contract. Summons to be issued to the Sheriff of Marion County. Page 155 Cause dismissed by Plaintiff.

Order Book 42

Order Book 43

May Term 1908, Page 237

December Term 1908 Pages 59, 60, 62, 64

Bubb, George administrator of the estate of Anthony Bubb

Fort Wayne Springfield R. R. Co.

Damages.

Defendants ask for the publishing of depositions of Mrs. Lucy Gibson and Edward W Mussler? Submitted to the court for trial. Page 62 Case continued. Page 64 Case continued.

Order Book 42

October Term 1908, Page 434

Buss, Libby estate

Dennison, J. A. Trustee

Resignation of Trustee.

Order Book 42

May Term 1908, Page 258

Butterworth Hospital

Zimmerman, Edward G.

Promissory Note Defendant three times called and is in default. Plaintiff to recover $158.50 from Defendant.

Deed Book 77

Pages 213, 214

Camp, Amanda E. et al

Miller, Albert Deforest. Guardian of Estate of Ethel V. Camp, minor

Other Plaintiffs Mabel C. Judson, Maude B. Duncan, Emma H. Miller and Jesse W. Camp.

Partition Case 8479. This was a case held on January 29^th 1909 the same being the 35^th juridical day of the December Term 1908.

A lengthy description of the partition to Amanda E. Camp, Jessie W and Ethel V. Camp are joint owners of a section, Mabel C. Judson is owner of a portion and Maude B. and Eva H. Miller are joint owners of another section.

Order Book 42

Garrett Clipper

March Term 1908, Page 169, 175, October Term 1908, Page 428

April 2, 1908

Camp, Maud E a minor

Baltimore and Ohio R. R. Co.

Other Defendant: Chicago Indianapolis & Louisville R. R. Co.

Damages for Failure to deliver goods shipped. Page 175 Motion to set aside service of Summons. Page 428 Alias Summons to be issued for defendant.

"Miss Maude Camp is home from the State University at Bloomington for the spring vacation. Through her father Miss Maude is plaintiff in a suit to recover $150 from the B. Y O., the value of a trunk and contents she had delivered to the company’s station at this pit for shipment to Bloomington last September. And which never reached its destination."

Order Book 42

March Term 1908, Page 142

Campbell, John W.

Scoville, Frank et al

Breach of Warranty. Case dismissed by Plaintiff.

Order Book 42

October Term 1908 Page 402

Campbell ?

Fralick, ? May

Partition

Order Book 42

October Term 1908, Page 420

Campbell, Romaine C. admr

Campbell, John C. et al

Other defendant: Moudy, William

Promissory Note Court finds for the Plaintiff that he is to recover from the defendants $111.66.

Order Book 42

March Term 1908 Page 115, 208

Capital Food Co.

Hoodelmier, Twight

Promissory Note. Page 208 Case continued.

Order Book 42

Auburn Courier,

May Term 1908, Page 215, 232, October Term 1908, Page 369. 385

June 11, 1908

Card, Phinneas A. et al

Cupp, John J. et al

Phineas C. Card of he Greenfield Nursery Co of Greenfield.

Cupp lived near Auburn

Complaint on contract. Page 232 Case continued. Page 369 no details. Case 8250 Page 385 no details.

Paper state Defendant was beaten in a flim flam game in which a sharp nursery salesman held the wining hand.

"Mr. Hayes was attracted when the agent told him what fine catalpa trees he had for sale and showed him a catalogue containing pretty pictures of fine specimens of ornamental trees. He said the stock would be two feet high and would be big enough for fence posts in a remarkably short period of time. Mr. Haynes ordered $100 worth. When he came to town in a wagon to get his trees at a livery barn he found them in a sack and he was suspicious. Nevertheless he took them home and was dumfounded upon opening the sack to find the trees were little larger than darning needles. He simply put them back into his wagon and returned them to the livery barn and refused to accept them. Now the nursery company is using him for the $100.

Order Book 42

May Term 1908, Page 215, 237, 240

Card, Phinneas A.

Haynes, Edward F.

Haynes lived near Garrett.

On Contract. Page 237 Case continued. Page 240 Case continued. See above newspaper article.

Order Book 42

Auburn Courier

October Term 1908 Page 403

Thursday October 29, 1908

Carmer, Jeremiah M. Admr

City National Bank of Auburn

Case 8409

Paper states: Jeremiah M. Carmer, as administrator of the estate of Carl Mortorf, deceased, has brought suit in the circuit court against the City National Bank of Auburn to recover possession of a note of $100 signed by J. M. Carmer and payable to the said Mortorf. In the complaint the plaintiff says that the defendant has been unlawfully intermeddling with the estate of said decedent. It says that since the death of Mr. Mortorf and after the appointment of the administrator the bank gained the possession of the Carmer note, executed to the said Mortorf and refuses to surrender it to the administrator.

Microfilm Roll civ. 01

Index point 001914

Casebeer, Sarah E.

Borst, Addison

One paper found in with index point 001915.

Order Book 42

May Term 1908, Page 217

Cattell, George

Toledo Chicago & Interurban R. R. Co.

Case 7784. Damages and Mandatory Injunction. Plaintiff dismisses case.

Order Book 42

Auburn Courier,

May Term 1908, Page 210

Thursday, April 30, 1908

Cattell, George

Mortimer, James D. Receiver for the Toledo Chicago In turban. R. Co.

Case 8256

Plaintiff dismisses injunction cause.

Paper states"

"Judge Jas. Rose of this city and A. J. Purinton of Kendallville, respectively attorney and manager for the Toledo & Chicago interurban Co left here at noon on Saturday for Angola to be present at the hearing of the case of George Cattel vs. James D. Mortimer receiver for the T. & C. in which the former asked fro a restraining order to prevent the company from laying their track under the B. & O. bridge at the crossing of the branch line from Garrett to Kendallville, near Garrett, where the two companies have been having so much trouble lately.

But before these two officials left for Angola the T. &C. stole a march on Mr. Cattel and the B. &O and laid their tracks along the disputed route underneath the bridge, the work having been completed at 10 o’clock on Saturday forenoon just where the trucks were before the big dredge was put to work there. This gives the T. & C. the best of the situation at present. Just how the matter will end finally is a question that cannot be answered a present. T. T. & c. is not asleep when it comes to meeting legal barriers.

"It is understood that before summons could be served in the Cattel case against the receiver consent must be first obtained from the Court and this Mr. Cattel’s attorney was trying to do at Fort Wayne. In the meantime the T. & C. put workmen to work and laid the tracks. The first car went under the bridge at noon on Saturday."

Order Book 42

March Term 1908, Page 172

Chapman, James

Shaffer, Charles E.

Complaint on contract. Court finds for the Plaintiff and he is to recover $5. from Defendant. According to the Auburn Newspaper January 16, 1908 the breach of contract was in regard to a lease of 160 acres of land.

Order Book 42

Vacation October Term 1908, Page 447

Chicago Horseman Newspaper

John E. Baker Moss Co.

Most of document destroyed by fire. Defendant was in Garrett, IN. Summons was issued for Defendant. Bill was for $61.60

Order Book 42

October Term 1908, Page 371, 377, 438, 439, 445

City of Butler in the matter of appeal from sewer assessment.

Cook Jacob

Case 8354 Defendant and Plaintiff appear with their attorneys and Defendant on the Sept. 12, 1908. Page 377 Goes to jury for trial. Page 438 439 most of document missing. City of Butler do have and recover from Jacob Cook the costs and of this action. Said cook prays for an appeal to the Supreme Court. Page 445 No details.

Order Book 42

October Term 1908, Page 373, 436

City of Butler in the matte of appeal from sewer assessment

Creager, Frank

Case 8329 Most details are missing because of 1913 fire. Page 436 No details.

Order Book 42

October Term 1908, Page 373, Page 436

City of Butler in the matter of appeal form sewer assessment

Gengnagle George F.

Case 8358 the 1913 fire destroyed Most detail. Page 435 no details.

Order Book 42

October Term 1908, Page 435

City of Butler

Harrison, Joseph

Case 8361 In the matter of appeal of Sewer assessment.

Order Book 42

December Term 1908, Page 495

City of Butler

Riser, Christ et al

Other Defendant Riser, Mary

Case 8356 Appeal for assessment.

Order Book 42

October Term 1908, Page 372, 437

City of Butler in the matter of appeal from sewer assessment

Tomlinson, Charles W.

Case 8357 Defendant filed with the Clerk on Sept. 14, 1908. Complete description of land was destroyed b 1913 fire. Page 437 benefits of said improvement to be $800 and is not excessive.

Order Book 42

October Term 1908, Page 374

City of Butler in the matter of appeal from sewer assessment

Wagoner, Charles

Case?

Order Book 42

March Term 1908 Page 114, 117

City National Bank

Pearl, J. W.

Promissory Note attachment. Notice of case filed in the Auburn Dispatch. Page 117 Defendant in default. Court finds for the Plaintiff that he is due from the defendant $862.51

Order Book 42

March Term 1908 Page 115

City National
Bank of Auburn, IN

Walter, Cliff et al

Promissory Note. Case 8198 is now dismissed. Case 8200 Case is dismissed.

Order Book 42

May Term 1908, Page 221

Clark, James et al

Tuttle, F. S. et al

Other Plaintiffs: George W. Clark Plaintiffs doing business as Clark Hardware Co. Other Defendants: Harriet F. Row

Promissory Note. The defendants are in default of notification. Case goes to Court and Court finds for the Plaintiff that he is due from the Defendants: $67.47

Order Book 42

March Term 1908, Page 128

Clark, Simpson? S.

Toledo and Chicago Interurban Railway Co.

Injunction. Court finds for the plaintiff and the temporary injunction is to be made permanent.

Order Book 42

Auburn Courier,

October Term 1908 Page 401

Thursday, July 9, 1908

Thursday, November 5, 1908

Thursday November 19, 1908

Coats, Clara L.

Bhols, Henry C.

Case 8318. Breach of Promises. The Plaintiff dismisses cause.

Paper states: D. D. Moody as attorney for the plaintiff on Thursday afternoon filed a complaint in the circuit court asking that his client, Clara L. Coats be given a judgment of $3000 against Harvey C. Bhols for breach of promise to marry.

"The complaint sets forth that on May 7, 1908, the plaintiff ad defendant entered into a contract of marriage which the defendant neglected and refused to fulfill on the contrary marrying one, Clara Eastman.

" His marriage to Miss Eastman took place at Fort Wayne on Thursday June 25, an account of which appeared in the courier at the time.

: Miss Coats resides at Garrett and is a young lady who is highly esteemed. Mr. Bhols resides at Peru, IN., where he is engaged in the Wabash shops as foreman. It is understood that he had kept company with Miss Coats for two years. His present wife, formerly Miss Eastman, at one time lived in Garrett, but had moved to Fort Wayne later with her parents. She is the daughter of J. C. Eastman at Fort Wayne and is an Estimable lady.

Paper states "Clara L. Coats of Garret has filed suit at Peru demanding damages in the sum of $2,000 from Harvey Bohls for alleged breach of promise to marry. She alleges that in 1905 Bohls asked her to marry him; that she consented, but that the wedding bells never rang and that August last Bohls was united in marriage to another woman.

"As was mentioned in the Court at the time, this suite was originally filed in the DeKalb circuit Court last July and an attempt was made to get legal services upon him but it was discovered he had changed his residence to Peru so this term of court the case here was dismissed and a similar suit was begun at Peru.

Paper States: Attorney D. D. Moody was at Peru Tuesday attending the sessions there of the Miami circuit court and looking after the interests of his client, Clara L. Coats, of Garrett, in her case against Harry Bohls for breach of promise to marry her. The case was set for trail during the first week in January.

"Mention of the commencement of this case was made some time ago in the Courier. Miss Coats alleges that Mr. Bohls had promised to marry her. Instead of that he married a Miss Eastman of Fort Wayne. On this account she says she had been damaged in the amount of $2,000. Br. Bohls is employed as a foreman in the shops of the Wabash railroad at Peru.

Order Book 42

March Term 1908, Page 128

Cochran, Catherine

Toledo and Chicago Interurban R. R. Co.

Damages. By Agreement the case is dismissed.

Order Book 42

Vacation after October Term 1908, Page 453

Coffinberry, John et al

Tarney, Orville W.

Other Plaintiffs: Carle Heingerling doing business under the firm Coffinberry & Heingerling.

Most of document destroyed by 1931 fire. Defendant in default. Defendant owes $55.93

Order Book 42

May Term 1908, Page 289

Connin, Ray

Gee, Judd

Breach of Warranty

Order Book 42

March Term 1908 Page 119, 120

Coon, Abner D..

Sisson, John Et al

Other Defendants:

Mary Sisson, wife of John Sisson Josephine Willis, Oscar M. Doty, James R. Doty, Harriett Ettinger, Julabel? Dickinson, John W. Doty, Hiram C. Doty and Cora E. Mortoff

Quiet Title Notice of action filed in the Waterloo Dawn. The defendants are in default. Court finds that the Plaintiff is the owner of the South ½ of the Northwest ¼ of section 23 Township 35 North of Range 13 East. Containing 80 acres except a tract 1 rod in width off the West that the defendants claim

In Deed Book 75, Page 167, 168 the Copy of the Decree is recorded. (Recorder’s Office)

Case 8144.

Auburn Courier

Thursday June 24, 1908 .

Coss, J. F.

Osfall, Henry

The suite was for $13 on account for the printing of sale bills and the publication of sale notice in plaintiff’s newspaper, who is the proprietor of the Ashley Times. The defendant Mr. Osfail is a merchant at Ashley. He had a special sale of his merchandise for June 6 and the bills and notices were for the purpose of advertising this sale. He claims that Mr. Coss did not print the bills according to copy and that the bills and notices were not issued in time to allow their proper posting. As a consequence he claimed $50. The justice gave the defendant, Mr. Osfall, Judgment for $10.

Auburn Courier

Thursday April 16, 1908

Crown Hill Nurseries

Haynes, Edward F.

See also Card.

Sale and delivery of peach, plum, apple and other young trees and plants. Suit for $100 for 400 catalpas sold and delivered to Garrett. Defendant has refused to pay for them.

Order Book 42

March Term 1908, Page 159, May Term 1908, Page 217

Cummins, Thomas C etal

Auburn Excelsior Co.

Breach of Contract Page 217 Plaintiff was required to file a bond and failed to do so, case is dismissed.

Order Book 42

March Term 1908, Page 200

DeKalb Co. Loan Association

Cool, Thomas J. et al

Luther Nicholson & Celia Nicholson file cross complaint against defendant

Foreclosure of Mortgage Cause submitted to Court for trial. Court finds Plaintiff is entitled to foreclosure. And to recover $671.25 Court finds that Luther and Celia Nicholson I their cross complaint and entitled the sum of $104.75. Plaintiffs mortgage to be foreclosed on a part of the South ½ of the East ¼ of Section 33, Township 34 North Range 12 East. bounded as follows (details in document)

Order Book 42

Auburn Courier,

October Term 1908 Page 393

Thursday, July 2, 1908

Depew, William

Baltimore & Ohio R. R. Co. et al

Case 8314 no details.

Paper States: Mountz & Brinkerhoff, as attorneys for the plaintiff, William Depew have brought suit in the circuit court against the Baltimore & Ohio Railroad for $75 damages for negligence by which the cow of the plaintiff was killed. The complaint alleges that because the defendant filed to construct fences along the right of way the cow of the plaintiff wandered onto the tracts and was struck by a passing train and killed. Hence negligence on the part of the company is charged.

Order Book 42

March Term 1908, Page 173

Detroit Bag Co.

Christian, Albert

Account Court finds for the Plaintiff and is to recover $115 from defendant.

Microfilm Roll Civ. 01

Index point 001111

Draggoo, Hannah

Michener, Benjamin et al

From index point 001111-001113

Auburn Courier

Thursday, October 29, 1908

Ellen Manufacturing Co.

Reyher, John V.

"Late Thursday afternoon the Ellen Manufacturing Company through it attorney L. J. Gengler, the well known Garrett attorney, brought suit in the circuit court against John V. Reyher for $174.77 on account.

Order Book 42

Auburn Courier

March Term 1908 Page 118, 158

January 16, 1908

Emanuel, Charles E.

Zeigler, Eunice

For Attorney Fees. Case 8158 Page 158 Case continued.

According to the newspaper Charles E. Emanuel brought suite against Eunice Zeigler for fees earned as attorney for her son, Alonzo, who was indicted for larceny and upon plea of guilty sentence was suspended during good behavior. Plaintiff alleged that he was employed to defend the son and that she would pay him for the services. Plaintiff traveled to Winona (Winona Agricultural Schools near Warsaw) to arrange to have the son taken into the school there. Plaintiff asks judgment of $85.

Order Book 42

May Term 1908, Page 367

Fire & Engine ?

Baker, John E.

No details. Pages destroyed.

Auburn Courier

Thursday, November 5, 1908

Thursday, November 12, 1908

Thursday, November 19, 1908

Fisher, Ella

Klotz, Rev. P.

"Ella Fisher of Waterloo, by her attorney J. E. Pomeroy has brought suit in the circuit court against Rev. P. Klotz a well known minister of the United Brethren church asking damages in the sum of $5000 for breach of promise of marriage.

The complaint alleges that Rev. Mr. Klotz was attentive to her and that in the Month of July 1907 they entered into mutual agreement to be united in marriage, which it was expected would occur in September of that year, and that the fact of their prospective marriage was given general circulation in Waterloo.

Instead of that, the complaint alleges he was married to another lady in August of said year, Ellie W. Klotz and prior to said marriage and sent word to the plaintiff that he had changed his mind, also circulating harmful reports concerning her.

The plaintiff has resided in Waterloo for practically all of her life. The defendant has been in the ministry for twenty-eight years.

Paper states. The damage case brought by Ella Fisher of Waterloo against Rev. S. P. Klotz of the same place was settled Saturday afternoon by agreement of parties and the case dismissed. Miss Fisher sued for $5,000 damages for breach of promise. The amounts agreed upon we are not informed about but we understood the sum was agreeable to the plaintiff.

Paper states: "A marriage license issued by county clerk Jenkins just before noon hour on Wednesday was to Fairfield Snyder and Ella M. Fisher, both of DeKalb County.

Connected with the issuance of this marriage license are some facts, which makes it of more than ordinary interest, facts which have been previously mentioned in the Courier.

"The lady, Miss Fisher brought suit in the circuit court here a few weeks ago against Rev. S. B. Klotz, a well known minister of the United Brethren Church, for $5,000 damages for breach of promise of marriage. The Rev. Mr. Klotz paying her $800 afterward settled this suit. J. E. Pomeroy, of Auburn being the attorney.

"Fairfield Snyder, the gentleman mentioned in the license, is a physician at Corunna. He is 68 years of age. Miss Fisher is 40 years old."

Order Book 42

December Term 1908, Page 487

First National Bank

Parker, Claude M.

Case 8447 no details.

Order Book 42

December Term 1908

Ft. Wayne Iron & Steel Co.

Reyher, John V.

Most of document destroyed by 1913 fire. Defendant owes the Plaintiff $22. and costs.

Order Book 42

May Term 1908, Page 339, October Term 1908, Page 413

France, Ida et al

Walter, Cliff

Other Plaintiff Julius Heyn and Harry L France.

Case 8338 no details. Page 413 Account. Plaintiffs to recover $173.28

Auburn Courier

Monday, January 18, 1909

January 21, 1909

Fred W. Shepard Co.

Baker Peat Moss Co

Case was dismissed.

The parties reached a settlement.

Order Book 42

May Term 1908, Page 209, 237, 253

Fridenberger, John A.

Teutsch, Almira et al

Other Defendant: Fidelious Gallagher

Foreclosure of Mechanics Lien. Notice filed in the DeKalb County Herald Page 237 Case continued. Page 253 Case continued.

In Miscellaneous Book F Page 505 (Recorder’s Office) this Lien is recorded.

Order Book 42

March Term 1908, Page 151, 152, 153. May Term 1908 Page 289

Freeze, A. John

Baltimore and Ohio R. R. Co

Damages. Case 7320. Case appealed to the Supreme Court from DeKalb Circuit Court. Defendant is now the Appellant and Plaintiff is the Appellant. R. W. Loucks brought action against appellate and appellant as garnishee defendant before a justice of the Peace of Cook County, Illinois and judgment was rendered for $18.90 Appellant paid. The Appellate had resided at Garrett, In for 17 years and had been in employ of the Appellant for 1 year prior to Sept. 1903. Due him was $.?.37 and the wages were stopped in Chicago. The opinion and judgment of the court is included in this document. A motion for new trial is sustained. Page 289 no details.

Order Book 42

December Term 1907, Page 102, 103

Friend, Norris Adminstrator of the Estate of Minerva Keen

Keen, Amos E.

May 8,1906 Administrator was appointed for the estate of Minerva Keen.

Case 7865 Accounting Plaintiff to recover from the Defendant $184. Case 7866 Accounting Plaintiff to take nothing from this action. Case 7867 Page 103 Plaintiff to take nothing from this case. Case 7868 Court finds for the defendant, Plaintiff to take nothing from this case.

Order Book 42

Auburn Courier

May Term 1908, Page 246 October Term 1908, Page 369, 399, 401, 403, 432

Thursday November 19, 1908

Furnish, Frances A. et al

Hoopingarner, Benjamin

Other Plaintiff C. Muril? Luttman

Ejectment Quiet Title Page 369 Case continued. Page 399 Goes to Jury trial. Page 401 case continued. Case 8277. Page 403 Jury trial found for the Plaintiff. Page 432 Plaintiffs to recover $30 and costs from the defendant. The Plaintiffs to have the possession of Lot 35 in Luke’s Addition to the City of Auburn.

Paper states: Francis A. Furnish vs. Benjamin F. Hoopengarner case of damage and ejectment, finding for the plaintiff allowing $30 damage and full possession of property.

Order Book 42

December Term 1908, Page 487

F. W. Sheppard Pub. Co.

John E. Baker Moss Co.

Case 8444 no details.

Order Book 42

Vacation October Term 1908, Page 449

Gage, George E.

Reyher, John V.

Most of document destroyed by 1913 fire. Summons was issued for John V. Reyher and made returnable to Garrett, IN.

Order Book 42

May Term 1908, Page 275

Gattel, Henry E.

Wells, William Edward

Promissory Note Defendant in default and the Court rules the defendant owes Plaintiff $76.16

Order Book 42

Vacation Term 1907 Page 109

Geisinger, Lewis N.

Nusbaum, William H.

Injunction

Auburn Courier

Thursday, August 20, 1908

Gelhousen, Frank

Weaver, Harvey D.

Order Book 42

December Term 1908, Page 483

George, E. J.

Wabash ?

Case 8395 no details. See suit for Geo. Grate for details

Order Book 42

Auburn Courier

Order Book 42

Auburn Courier

March Term 1908 Page 154, 169, 181, 281, May Term 1908, Page 321

Thursday, March 19, 1908

December Term 1908 Page 483, 489

Thursday, October 29, 1908

Grate, George W.

Wabash Railroad Co.

Other Defendant: Indiana Improvement Co.

Damages. Page 169 Attorneys appear for the defendant. Page 181 Case continued. Page 281 No details. Page 321 Case 8228 no details.

Paper states:

George Grate is one of the residents of Ashley who is not satisfied with having the business life of that town extinguished by the recent whim of the Wabash Railroad Company and seeks redress in court in the sumo f $1500 as damages. Mr. Grate has retained Thomas S. Wickwire of that place and Leonard & Leonard of Fort Wayne who have filed a long complaint against the Wabash Railroad Co.

In brief, it alleges that the company's desire to build a railroad from Montpelier, O., to Chicago in 1892 and also desired to secure a suitable place and a sufficient quantity of land so located that division headquarters and division terminus could be established. With that in view the company organized the Indiana Improvement Co., which purchased more than 700 acres platting it into tow lots, selling them. Thus Ashley sprung up. It retained one hundred and twelve acres along the company’s right of way and later sold it to the company. The lots were sold with the distinct understanding that he company would locate and permanently maintain its roundhouse, repair shops, machine shops and other necessary building in connection with a railroad terminus.

Here is where the plaintiff was caught up, so he says. He purchased one of these lots at a cost of $300. And built a house upon it valued at $1700. Since the company removed its shops, etc to Montpelier, about a year ago, Mr. Grate says his lot is worth only $20 and his house only $480. He says he has been damaged in the sum of $1500 and demands the Wabash Railroad company to pay it.

Case 8396 no details.

Page 489 case 8406 for damages. No details available.

Paper states: Senator Thos. S. Wickwire of Ashley was in the city Wednesday and as attorney for the plaintiffs filed complaints for Ashley residents in eighteen suits in the circuit court against the Wabash railroad company demanding in each case from $600 to $1,500 and aggregating something over $25,000.

Each suit is similar in nature, to the one brought some months ago by Geo. Grate venued from this to Allen County and now in the superior court of Fort Wayne

The allegations are that the plaintiffs were induced by the Wabash railroad company on the promise that the division headquarters and terminals of the company would be established and maintained at Ashley, to purchase property at Ashley of the Indiana Improvement Company, a company acquired by the Wabash railroad and to make improvements thereon.

It is set out that this agreement by the Wabash Company has not been kept. They failed in its performance. After locating the division in headquarters and terminals there and causing the plaintiffs to make valuable improvements on the property purchased, the company removed to Montpelier, causing a great depreciation in the property purchased by the plaintiffs. It is for this damage that the suits are brought by parties, who are follows: Frank. P Hoover, Julia Greene, Jacobs S. Kalb, Charles A. Lakin, L. L. Phillis, Wm. A. Hughes, Flora S. Lowenthall, Wm. E. Creager, Amanda Hinkley, George Grate, Elizabeth J. George and George Rhinesmith.

There are three different suits for Julia Greene, three for George Grate, Two for Frank Hoover and two for Wm. Creager.

Suits of a like character, aggregating $25,000 were also filed by Senator Wickwire for Ashley parties against the Wabash Company at Angola on Tuesday. On Thursday suits of the same character for $25,000 will be filed at Angola and also suits for $25,00 at Auburn. This will make the Wabash facing suits for $100,000 all as the result of having removed their division headquarters and terminals from Ashley to Montpelier.

Order Book 42

December Term 1908 Page 481, 483

Green, Julia A.

Wabash R. R. Co.

Case 8392 No details papers burned by 1913 fire. Page 483 no details. See suit of Geo. Grate for details.

Order Book 42

Auburn Courier

October Term 1908, Page 401

Thursday, September 3, 1908

Grogg, Isaac

Lower, Nettie et al

Other defendants

Oliver Grogg, James N. Fitch executor of the estate of Emily Thomas, deceased

Case 8345. Petition to construe Will.

Paper states the suit grows out of the will of Mrs. Thomas and the bequests she made to the heirs. The husband, Mr. Thomas was not satisfied with the will and elected to take his one-third but afterwards settled in full for his rights for $1001. The suit is to adjust the respective claims of the other heirs. The total value of the estate real and personal is something like $7000

Order Book 42

Auburn Courier

Microfilm Roll Civ. 01

October Term 1908, Page 393, 394, 395, 396, 433

Thursday, October 8, 1908

Index point 001839

Gruhike, August J.

Norton, James F.

Unfortunately the fire of 1913 has destroyed most of the pages. Ejectment damages case 8340. Committed to Jury for trial. Case continued. It seems to be over Lot 45 in the Old Plat in the town of Waterloo. Case 8340. Page 433 No details.

Paper states: The case of Augustus Gruhike vs. James F. Norton an action in which the parties concerned are from Waterloo and which had been on trial in the circuit court since Thursday noon, went to the jury at 9 o’clock on Saturday forenoon and at 11 o’clock the jury brought in a verdict for the defendant.

"The action was for the possession of a building in Waterloo which the defendant occupied as a tenant an on which, at the instance of he plaintiff, he had made some repairs. The failure to pay rent, damages and other questions figured in the case and it was warmly contested by both parties. The attorneys for the plaintiffs, were Mr. Phillips of Waterloo and P. V. Hoffman of Auburn. The defendant was represented by J. E. Pomeroy of Auburn.

"During the trial quite an amusing tilt occurred between the attorneys, Attorney Pomeroy was contending for a certain law point, arguing that the construction he put on it was the law, when he was interrupted by Attorney Hoffman with this outburst:

‘Why, I have practiced law for thirty years and I never heard of such a thing."

"That may all be, replied Attorney Pomeroy. "Moses wandered around in the wilderness for forty years because before he got out of it. You will have ten years the best of him:"

Index point 001839-001914.

Order Book 42

March Term 1908 Page 118

March Term 1908, Page 130

H. C. Bruce and Frank Loar Partners

Rahner, William

Specific performance of contract. Case 8176

This case does not show a plaintiff only ? Bruce, No case No.

Order Book 42

March Term 1908, Page 163

Hallet, William

Hallet, John W et al

Other Defendants

Minnie Millbourn and Anna Childs (according to Deed book 75 page 2)

Partition.

Monies paid out Fred Dellbach interest for land sold $55, Fairfield Township for Gravel $28.40 Paid out in 190 Anna Childs $300, J. B. Childs guardian of John W. Hallet $300., Minnie Milburn $300., William Hallet $300., William Hallet $840., Minnie Milburn $60., J. Henderson Recording & release of mortgage $1.20., Clerk Jenkins $24.40., Treasurer taxes $14.69., Annie Childs distribution $959.37., Minnie Milburn $959.37., William Hallet $959.37., Baxter and Baxter attys in case for Conner $65. John W. Hallet died intestate Feb 16, 1908. Guardian Jason B. Childs paid the funeral expenses, etc.

Deed Book 75 Page 5 in Recorder’s Office is recorded the sale of the West half of the northeast quarter of the northeast quarter and the west half of the northeast quarter also the east half of the northwest quarter all of section 27 in township 35 north of range 12 east, excepting 53 1/3 acres off the south end of said last two named tracts and excepting also a tract of land 32 rods 32 wide, east and west off the west side of the east half of the northwest quarter of said section. Also, excepting from said last two named tracts, a tract bounded by a line commencing on the north line of said section….." Sold to Frederick M. Dellenback.

Deed Book 77

Page 540

Hampshire, Jonas J.

Miser, John et al

Case 8042 quiet title. Took place on the 7^th day of January 1908, being the December 1907 term. Plaintiff is the owner of Northeast ¼ of Section 13 township 34 north, Range 12 East, excepting 32 acres off the north side of the northwest ¼ of said Northeast quarter containing 128 acres. That the defendants Lovina Cochran, Pearl Grate, Florence Grate, Violet Grate, John Likens, Dora Likens, Guy Grate and roscoe Grate have not right title or interest and Plaintiffs title is quieted forever.

Order Book 42

Garrett Clipper

May Term 1908, Page 266, 285, 295

June 4, 1908

Hansen, Elmer H.

Kibble, Harry F.

Account defendant appears by his attorney. Page 285 Defendant answers (no details) Page 295 Case continued no details.

Attorney Sharpless has filed a suit for $251.37 against Harry Kibbe in the interest of Elmer H. Hansen for house rent and goods sold.

Order Book 42

Auburn Courier

March Term 1908, Page 151, 154, 192, May Term 1908 Page 293

Thursday, March 19, 1908

Hartman, Eliza E.

Zonker, Wayne

Partition. Case 8124 Page 154 Court finds for the defendant and Commissioners are appointed to make partition. Page 192 Commissioners appointed and they set aside a section to Wayne Zonker, and Eliza E. Hartman Page 293 No details.

Paper states: Attorney R.O Johnson and T. A. Redmond have returned from Auburn where they were interested in the case of Eliza Hartman vs. Wayne Zonker suite in partition, involving the division of the Zonker estate of 120 acres in DeKalb county. The hearing resulted in a victory for Wayne Zonker, the court setting aside the report of the commissioners and referring it back to them says the Kendallville News of Saturday.

The history of the case is that Mrs. Hartman and Mr. Zonker, who are sister and brother each originally had one-sixth interest in the estate by inheritance. Mrs. Hartman bought the other four-sixths. When the division of the estate took place, the commissioners who were appointed to apportion the property gave Mrs. Hartman a shade the best of it in the partition proceedings and Zonker through his attorneys, D. M. Link and R. O Johnson, filed exceptions to the report of the commissioners. The exceptions were sustained and now the commissioners will have to go over the matter again and make another report.

In Recorder’s Office Deed Book 75 page 481 there is a partition for this case. Division was made to each individual.

Order Book 42

March Term 1908, Page 186, 194

Hayes, Florence M.

Hayes, James C

Contempt of Court. Part of document destroyed by fire. Page 194 Defendant has paid and satisfied amount. James C. Hayes is released from custody.

Order Book 42

March Term 1908 Page 118

Heckathorn, Kae

Wair, James W. et al

To set aside fraudulent conveyance Case 8175 is dismissed.

Auburn Courier

March 19, 1908

Henry, Ida M.

Dingman, Eugene S.

Breach of Promise. "Miss Ida M. Henry has filed three suits, all based on courtship, in the circuit court at Columbia City against Eugene S. Dingman, of Allen County. She alleges that on Christmas day in 1905 Eugene proposed to her and they agreed to get married. She asked Eugene to postpone the wedding till the spring of 1907 and he agreed to postpone it till the fall of 1907.(there follows a listing of monies borrowed by Dingman). She also sues Scott Dingman, the boy’s father for $112 borrowed money. The third suite is for breach of Promise to marry. She alleges that while she was preparing to marry Eugene he married Adda Havens and she want $3000 .

Order Book 42

May Term 1908, Page 326

Hernia?, Herman et al

Hays, Joseph et al

Quiet Title, Cancel Mortgage. This is very difficult to read since so many words and sentences are destroyed by fire.

Order Book 42

May Term 1908, Page 178

Hixon, Robert et al

Marvin, Hubert L. et al

Other Plaintiff Frank S. Smith

Foreclosure of Mechanics Lien Court finds for the Plaintiff and is to recover $83.20 from the defendant, The Rector, Warden, Vestrymen, of Emanuel Episcopal Church of Garrett, IN. Foreclosure on Lots ? & the West ½ of Lot 20 all in Block 32 in the Original Plat of Garrett.

Order Book 42

December Term 1907 page 90

Holladay, Emma et al

Henney, David et al

Other Plaintiffs Jennie Leas, Alma Cox, Susie McCligan?, Other Defendants Albert Henney, Edward Heney, Amanda Deetz

Partition; Commissioners Report Partition No. 8104. On January 2, 1908 the court ordered and decreed that partition be made of the Northwest ¼ of Section 4, Township 35 North Range 12 East. Being the land of Jacob Henney at the time of his death. Commissioner’s partition of land is described in this document.

Order Book 42

May Term 1908, Page 209

Hook, Charles et al

Baughman?

Injunction

Order Book 42

December Term 1908, Page 489

Hoover, F. P.

Wabash R. R. Co.

Other Plaintiff Emma S. Hoover, Other Defendant; Ind. Improvement co.

Case 8405 no details. See suit by Geo. Grate for details.

Order Book 42

May Term 1908, Page 307

Hogue, James A.

Wells, Wm. Edward

Other Defendant John L. Wilderson

Most of document burned. Plaintiff to recover $28.

Order Book 42

May Term 1908, Page 313

Houghton, Charles A.

Houghton, Darius K.

No details. Case 7898

Order Book 42

Auburn Courier

October Term 1908, Page 429

Thursday, November 19, 1908

Thursday December 24, 1908

Thursday, December 24, 1908

Hunt, Harry

Thumma, E. B. et al

Other defendant Wm. Watson

Case 8434 Mandamus. Plaintiff files a complaint for a writ of mandate.

Paper states; In the circuit court on Friday, Judge Bratton, on the application of Harry Hunt, a citizen and tax paper of Garrett, granted a writ of Mandamus directed to E. B .Thumma, the mayor and William Watson, the clerk of the City of Garrett, commanding them to allow Will A. Rundell, an expert accountant of Fort Wayne to examine the books of the water and light plant of the City of Garrett. The attorney filing the papers is W. G. Campbell. The circumstances that led up to the granting of this writ for an examination of the Garrett City books have already been referred to in detail in the Courier.

(In another section of the paper)

"It has already been stated in the Courier that a movement was on foot among some of the citizens of Garrett asking the city council of that place to have the city books audited by an expert, particularly the accounts with reference to the water and light works. The matter came up in the meeting of the Garrett City Council this week and concerning the result the Garrett Clipper says.

‘Harry Hunt and others who have been demanding an expert auditing of the water and light books of the city had not written petition ready Tuesday night for the council to act upon and therefore no action was taken regarding the matter. " (there is more to the article that we have not copied.)

Paper states: The Garrett case, the one in which Harry Hunt of that city has brought action asking that the corporation officers be compelled to allow a competent expert auditing of the books of he city, came up in the circuit court Monday afternoon.

:The city, by attorney, made a motion to dismiss he case on the ground of improper service. It was served by copy of the writ, instead of the original, on the city clerk, Mr. Watson, The City’s attorney claims this is not good service.

"After a prolonged argument of attorneys, Judge Bratton held that service must be made by delivery of the original writ. The complainant filed motion so to do and this was allowed. The result will be a delay in the hearing of the case, but it will come up this term probably this week."

Paper states: The employment by the council of an expert accountant to audit the municipal books, as recommended by a citizens’ committee, makes no difference to Harry Hunt and his associates."

"They are going to fight Mayor Thumma in the DeKalb circuit curt just as hard as if the council had taken no action whatever….."

Order Book 42

December Term 1908, Page 485

Hurst, Harry

Thumma, E. B. et al

Watson, Wm.

Petition. No details Case 8343.

Order Book 42

Microfilm Roll Civ. 01

March Term 1908, Page 129, 159, 183

Index point 001238

International Harvester Co. of America

Krabill, Henry W.

Account on Contract. Case 8162 Ordered to answer by April 6, 1908. Case 8163 Same as case 8162. Page 159 Extension of time for the Plaintiff to answer interrogations. Plaintiff requests consolidation of 8162 and 8163.

From Index point 001238 – 001316.

Deed Book 77

Pages 43, 44

Jackman, Jefferson et al

Rockwell, Stephen et al

Quiet Title Case 8320. Copy of the decree is recorded in the Recorder’s Office.

Order Book 42

May Term 1908, Page 339

Jackman, W. et al

Jackman, Jefferson W. et al

Other Plaintiffs: Mary Jackman

Quiet Title Notice published in the Auburn Courier. Court finds for the Plaintiffs.

Deed Book 75

Page 430

Jacoby, Lewis H.

Work, Henry

Quiet Title Case 8292 The judgment and decree are recorded on page 430. Plaintiff is the owner of Town lot 52 in the original plat of the city of Auburn.

Order Book 42

October Term 1908, Page 413

Jahant Heating Co.

Nusbaum, Wm H. et al

Case 8346 Account contract.

Order Bank 42

May Term 1908, Page 323

Jelhousen, Frank

Weaver, Harvey D. et al

Case 8015 No details.

Order Book 42

Microfilm Roll Civ. 01

Butler Record

March Term 1908 Page 129, 177, May Term 1908 Page 357

Index point 001061

May 22, 1908

Johnson, Anthony et al

Baltimore and Ohio Railroad Co.

Other Plaintiff

Andrew Johnson

Damages. Baltimore and Ohio files demur. Page 177 Case continued. Page 357 Cause is dismissed.

Index point 001061 – 0011109

The first case on the docket for the jury to hear is Anthony Johnson et al vs. the B.& O. et al a suit to secure $1000 damages for failure to transport safely a car load of cattle from Louisville, Kentucky to Garrett. The plaintiffs reside at Franklin, Indiana and are dealers in stock. The carload was consigned to the firm Smith & Wilder at Garrett. This suit was filed during the October term of court. It is set for hearing next Monday.

It is evident from the answer filed by the defendant companies that they will contest the case pretty thoroughly. They allege that in the contract under which the stock was shipped the shippers agreed to stand all loss that might result from any of them being unruly, weak, or the escape of any of them etc. The defendants allege that the stock was wild, unruly and weak and while in transportation they hooked each other, did themselves injury for which the company is not responsible under the contract. The defendants say the plaintiffs had a special contract thus assuming the risk at less expense.

Order Book 42

March Term 1908, Page 183, 207

Johnson, Melville W.

Riccius Herman

Injunction Page 207 Case continued.

Order Book 42

May Term 1908, Page 209

Johnson, William E.

Fee, Willard

Replevin Cause is dismissed.

Microfilm Roll Civ. 01

Index Point 000805

Jones, Elizabeth

Ocker, Bell M. et al

Case 7962 index point 000805-Index Point 000875

Order Book 42

May Term 1908, Page 279, 299

Jones, Harry

Ensley, Nicholas et al

Other defendants: Ezra Ensley, Nancy A. Stafford, Laura A. Jen, Ella E. Dirrim, Floy L. Ensley, & Lydia M., Hosier, John Perry Ensley, Emmet Ensley, Carrie O. Feagler, Ellsworth Ensley, Ina M. Wells, unknown heirs of Joseph
Straus, deceased, Samuel A. Straus, deceased. Jeannette Ensley deceased.

Quiet Title to satisfy mortgage. Page 299 The following were notified by a notice in an Auburn paper John Perry Ensley, Emmet Ensley, Carrie O. Feagler, Ellsworth Ensley, Ina M. Wells, unknown heirs of Joseph
Straus, deceased, Samuel A. Straus, deceased. Jeannette Ensley deceased.

Floyd L. Walter, Ezra Ensley, Laura A. Zent, Ella E. Dirrim, Burley Ensley Cleveland and Lydia M. Hosler were notified by summons. Court finds that the Plaintiff is the owner of the land.

Order Book 42

December Term 1907 Page 104, 105 and 106.

Juday, Emaline et al

Reyher, Mary V. et al

In the Partition these names are mentions. Emaline Juday, Thomas J. Juday, Emaline Juday, guardian of Orpah Zimmer, a minor, Elizabeth Ott, Thomas Ott, William Zimmer and Mary Bell Zimmer vs. Mary A. Reyher, Edwin C. Reyher, Hershel Thomas Administrator of the estate of Michael Zimmer, deceased, Mary A. Reyher administrator of the estate of Sophia Zimmer, deceased.

Partition.

Final sale to

Mary A. Reyher for $2,330. Case 7888. Notice of sale was published in the City of Garrett.

Mary A Reyher bid on Lot #6 and the north half of lot #7 in Block 22 in the original plat of Garrett bid $705. and for lot #8 in Block 17 $210 and lots 22 and 27 $605. and for 46 ½ feet off the East end of lots 9, 10, 11, 12 and lot #17. $810.

Copy of Deed included..

In Recorder’s Office there is a Commissioners Deed for this transaction. Deed Book 75 pages 389, 390 Also Deed Book 76 Page 90.

Order Book 42

December Term 1907, Page 103, 114, May Term 1908, Page 311, 338

Keen, John C. guardian of the heirs of Sarah A. Boren

Shaw, Otto J. et al

Promissory Note and foreclosure of Mortgage ordered. Alias summons to the Sheriff of Pulaski County for the defendant. Page 114 Attorney enters his appearance for Otto J. Shaw and Mina L. Shaw. Page 311 no details. Page 338 Difficult to read because of damage done to the document during 1913 fire.

Order Book 42

May Term 1908 Page 267

Kelley, Dallas M. et al

Waters, Abraham et al

Plaintiffs are Ida L. Kelley, Nettie Viola Stafford and John M. Stafford.

Defendants Charlotte Waters, Sahr Lotty Waters, Henry Fields, ? Fields his wife, Reuben I Dawson wife or widow of Edward M. Morgan,

Quiet Title Plaintiff files affidavit of non-residency of the defendants.

In Recorder’s Office, Deed Book 75 pages 414, 415 there is a Copy of Decree for Dallas M. Kelley et al vs. Abraham Waters et al Case 8306.

Order Book 42

December Term 1908, Page 459

Kenline, William

Bonnett, William

Most of document destroyed by 1913 fire. Defendant in default. Defendant owes Plaintiff $12.

Order Book 42

October Term 1908, Page 367, Page 379, Page 429

Kennedy, John H.

Wantz, Sarah

Mechanics Lien Case 8353. Page 379 Complaint to be made more specific. Page 429 No details.

In Recorder’s Office Miscellaneous Record Book G Page 15, The Auburn Lumber Co had a Mechanics Lien against Sarah Wantz and John H. Kennedy. Note below Sarah Wantz sues John H. Kennedy.

Deed Book 75

Pages 416, 417, also 591, 592

Kenning, Harman et al

Hayes, Joseph et al

Other Plaintiff Henrietta Kenning.

Quiet Title case 8267. Copy of the decree is in Recorder’s Office.

Order Book 42

May Term 1908, Page 209, 215, 246

King, Frank

Basse, Mary

Foreclosure of Mortgage Page 215 Case Continued. Page 246 Cause is dismissed by Plaintiff.

Order Book 42

Auburn Courier

May Term 1908, Page 246, October Term 1908, Page 385, 480, 502

Thursday, October 22, 1908

Thursday, October 29, 1908

King, Dr. Frank A.

Rink, Jacob et al

Other Defendant: Trissie Rink

Account Page 385 Case 8280. Jury appointed: Till Elson, Ora Crew, Henry Shaffer, W. J. Peckhart, Justin Girardot, ? Pool, George W. Rakestraw, B. E. Widney, B.F. Hurraw, and F. M. Dellenbaugh. (two other names missing). Plaintiff leaves to dismiss this case without prejudice. Page 480 Attorney appears for the defendants. Page 502 Notice in the DeKalb County Herald October 23, 30 and Nov. 6, 13, 1908

Paper States: The case of Dr. Frank C. King vs. Jacob Rink and Trissie Rink in which Dr. King sued for $90 as services for attending several cases of smallpox in the Rink family, came to an abrupt close in the circuit court at Auburn last Tuesday afternoon, The plaintiff had submitted all his testimony and had clearly proved the nature and the worth of the services rendered; but had failed to set out his complaint that he was a regular practicing physician, which it is necessary, by law to do.

On this account D. M. Link the attorney for Dr. King moved that the court dismiss the case and this Judge Bratton did.

The Case of Dr. Frank C. King vs. Jason Rink and Trissie Rink, in which Dr. King sued for $90. as services attending several cases of smallpox in the Rink family, came to an abrupt close in the circuit court at Auburn last Tuesday afternoon.

The plaintiff had submitted all his testimony and had clearly proven the nature and the worth of the services rendered, but had failed to set out in his complaint that he was a regular practicing physician, which it is necessary, by law, to do.

On this account D. M. Link, the attorney for Dr. King moved that the court dismiss the case and this Judge Bratton did.

Order Book 42

October Term 1908, Page 413

King, Dr. Frank A.

Rink, Jacob

Case 8385 account.

Order Book 42

March Term 1908, Page 187

Knisley Brothers & Co a corporation.

Oberlin, Philip et al

Promissory Note. Case is dismissed.

Deed Book 42

Pages 454 and 455

Koch, Martin L.

Bice, William et al

Other Defendants: Margaret Bice, widow of William Bice, Sr. Sarah J. Wallace (Formerly Sarah J. Bice) deceased, William Wallace the surviving widower of Sarah J. Wallace, deceased. Mariah Wyman, Maria Wyman and her husband. Sylvia Lyon, William Lyon, husband of Sylvia) Joseph Gustin, Mary G. Gustin his wife. Mary Zuber, formerly Mary Bice, and her husband John Zuber, John Zuber, r, Cyrus J. Zuber, Cyrus O. Zuber, Louisa Zuber, William Zuber Jr. Belle Bice wife of William Bice, Jr. and others.

Quiet Title. Martin Koch is the owner of a part of the Northeast quarter of Section 36, Township 33 North Range 14 East. (Fuller description is included)

Order Book 42

March Term 1908, Page 165

Koepke, Henry B. et al

Watts, Josiah

Transcript on Complaint. A lot of this document is destroyed. It was for a note for $40 with the Garrett Banking Co. dated April 17, 1905. Summons issued for Josiah Watts on December 6, 1907. Court finds that the defendant is indebted $58. to Henry Keopke ad William Downey.

Order Book 42

October Term 1908, Page 367, 385, 386, 415

Koppitz Melcher Brewing Co.

Walter, Clifton et al

Other Defendant Alice Walter

To set aside deed Promissory Note. Case 8334. Pages burned. Page 385 Case 8334. no details. Page 386 Case continued. Page 415 Court finds for the Plaintiff to recover $351.07 from Defendants.

Order Book 42

May Term 1908, Page 293, 295, 336, 337, 338

Krise, Elizabeth et al

Brandon, Della A. et al

Other Plaintiff is: Icy O. Krise, Alberta Timmerman, Margaret J. May, Cora E. Krise Other defendants: Timmerman, John Admin of the Estate of W. M. Krise deceased

Partition Most of document is missing from the fire. Page 295 Land to be sold at public auction. Page 336, 337, 338 Mostly burned pages. Not much detail Received from John Timmerman for real Estate $6400. Paid Clerk Jenkins $59.30, John W. Baxter, Attorney fees $25. John Timmerman, admr of estate of Wm. Krise $350., Retaining for services of livery hire and appraisers fees $78.25., Paid to Elizabeth Krise, $2079.15, Izo O. Krise $761.66, Alberta Timmerman, $761.66, Margaret J. May $761.66, Cora E. Krise, $761.66, Clerk Jenkins for the defendant Della A. Brandon $761.66

In Recorder’s Office there is a Commissioner’s Deed for the sale of land in Civil Action 8171 to John Timmerman. Deed Book 75 page 397.

Order Book 42

May Term 1908, Page 276

Kugler, August

Groh, Frank et al

Most of document destroyed by 1913 fire. A partnership was involved. Groh purchased the assets.

Order Book 42

December Term 1908 Page 495

Kundard, Mary Jane et al

Groh, Lizzie et al

Other Plaintiffs: Margaret Weingart, Eliza E. Harman, Wayne Zonker, Edward Zonker, Frederick G. Freed,

Other Defendants Frank Groh, Clara Hovarter, Wm Hovarter, Maggie Swagget?, Claude N. Swagget?

Case 8330

Order Book 42

December Term 1908, Page 489

Lakin, Chas A.

Wabash R. R. Co.

Other defendant Ind. Improvement Co.

Case 8403 Damages no details. See suit by Geo. Grate for details.

Order Book 42

May Term 1908, Page 216

Lamier, Rosa L.

Vernier, Albert U. et al

Foreclosure of Chattel Mortgage. Part of document destroyed by fire.

Order Book 42

May Term 1908, Page 245, 267, 268

Lanternier, August, Executor of the Last will of John Beugnet et al

Ober, Harriet D. et al

Other Plaintiff Peligie Beugnet other Defendants John M. Buck and the Auburn Excelsior Co.

To quiet Title and accounting. Case 8040. Pages 267 268 At the beginning of this action John M. Buck was in possession of Lots 50, 51, 52 and 53 in Kuhlman’s addition to the City of Auburn and Harriet D. Ober was in possession of Lot 49 in the same addition, as well, as lots 1, 6, 7 and 12 in Brandon’s Addition of the City of Auburn. Court finds that a certain deed from Charles Beugnet to John Beugnet dated Nov 16 1885 and recorded in Deed Record Book Nu-Zu page 423 is null and void. On the case of the Auburn Excelsior Co. is not indebted to the Plaintiff.

This copy of the Decree is recorded in Deed Book 75, page 366.

Order Book 42

March Term 1908, Page 185, May Term 1908, Page 214, 279

Layman, Alice

Avery, Lydia et al

Other Defendants: John Redmond, Frank Bierwagon

Promissory Note-garnishment. Notice of action to be published in local paper. Page 214 Case Continued. Page 279 Notice was published in the Auburn Courier. Defendant Lydia Avery is in default of the court. Court finds the three defendants owe the Plaintiff $384. and D.D. Moody the attorney has a lien for $50.

Order Book 42

May Term 1908, Page 239

Levy, Benjamin

Baker, Jeremiah A.

Plaintiff’s name on document looks like Barber.

The firm Levy & Co. is dissolved and Plaintiff is the lawful owner of this note described as a Promissory Note dated January 1898 signed at Butler, IN. With interest defendant owes $89.39.

Order Book 42

May Term 1908, Page 357

Lockwood, Ora W.

City of Auburn

No details.

Order Book 42

Waterloo Press

March Term 1908, Page 126, 131, 159, 160, 232, 236, May Term 1908, Page 240

February 27, 1908

Long, J. Perry

Methodist Protestant Church of Altoona, IN. et al

Foreclosure of Mechanics Lien. George A. Adams, Jonas Veaey and John Maggart Board of Trustees of the Methodist Protestant Church of Altoona, DeKalb County, IN. Page 131 Defendant Cliff, Walter appears by council. Page 159, 160 most of document destroyed. Page 232 Defendant Louis Beuret. And Cliff Walter mentioned. Page 236 Case continued. Page 240 Case continued.

New cases are being filed now almost daily and among them is one in which J. Perry Long, the contractor and builder, has brought suit in the circuit court, through his attorney, D. M. Lin, to recover $1526 from the Methodist church at Altoona, the balance due for building a church edifice for the congregation.

Order Book 42,

December Term 1908 Page 489

Lowenthal, Flora S.

Wabash R. R. Co

Other defendant In. Improvement Co.

Case 8404 no details. See suit by Geo. Grate for details.

Auburn Courier

Order Book 42

Order Book 43

Waterloo Press

Thursday, June 11, 1908

October Term 1908 Page 429, 433

December Term 1908, Page 479

December Term 1908 Page 55

Thursday March 26, 1908

Lukens, Benjamin Administrator of James M. Anderson estate

Lake Shore and Michigan Southern R. R. Co.

Suit for $10,000 for the death on March 4, 1908 of James M. Anderson due to the carelessness of the company.

Page 429 No details. Case 8301 Page 433 no details.

Request for a change of venue from DeKalb County. Case 8301

Case venued to Steuben County

Mr. Benjamin Lukens of Anderson, IN was in town last Thursday and Friday looking up evidence in regard t the death of Mr. James Monroe Anderson, who was killed at the Lake Shore depot in Waterloo on March 4^th, while waiting for train NO. 2.

Mr. Lukens was a warm personal friend of the deceased who had two children aged five and seven and it was at Mr. Lukens home that the children lived since the death of their mother. Mr. Lukens has been appointed administrator of the estate of Mr. Anderson and also guardian of the children.

While here Mr. Lukens secured sworn statements of a number of people who witnessed the accident and all evidence taken seems to indicate that the railroad company was negligent from the fact that a