Order Book 45

October Term 1910 Page 296

Allen, Mary E.

Provines, James et al

Other Defendant: Mary M. Frederick

Case 8976 for Retraining Order Plaintiff is ordered to appear at the law office of W. W. Sharpless on Randolph Street in the City of Garrett. Also the books of the Garrett Coal Company.

Order Book 45

Auburn Courier

May Term 1910 Page 30

August 4, 1911

Auburn Automobile Co.

Vandalia Railroad Co

Case 8884 Samuel Parker enters his appearance of the defendant.

Paper States: The Auburn Automobile Company has by its attorneys, Leonard, Zollars and Bess, filed a suit against the Vandalia Railroad Company, demanding damages in the amount of $5,000.

The complainants after that in April 1910 they delivered to the defendant railroad company one care load of automobiles together with accessories to be transported to Pocatello, Idaho, that the company did not safely transport the property, but handled it carelessly and negligently and same was seriously damaged, that the goods w as sent to Salt Lake City, Utah, where it was appropriative for the use of the defendant.

Order Book 45

May Term 1910 Page 44, 45

Baltz, William et al

Brandt, D.

Other Plaintiff’s Benjamin Baltz, John Baltz, George Baltz

Case 8816 Anna Baltz, Thomas Baltz, Paullina Baltz have been duly served summons, The others have been notified by publication in a local newspaper. The infancy of Anna Baltz? Thomas Baltz, Paullina Baltz, Michael Baltz Lettie L. Stalaup and John H. Gamble. John W. Baxter is now appointed guardian ad litem. The court finds for the plaintiff and they are owner of the said R. E.

Order Book 45

October Term 1910 Page 306

Barney, Solomon

Herrick, Orange

Case 8952 On Note.

Order Book 45

May Term 1910 Pages 52, 53

Beams, Jack M.

Dawson, Reuben J.

Case 8811 Quiet Title. Some of the defendants are the same as the case with Baltz above, as well as, the infants mentioned above. Court finds for the plaintiff.

Order Book 45

October Term 1910 Page 177

Beard, George W.

Zimmerman Mfg. Co.

Case 8116 Breach of Contract

Order Book 45

May Term 1910 Page 71, 72

Bere, Adrian

Bere, Henry et al

Case 8837 Quiet Title. Proof of publication filed as to all defendants except George W and Lydia Miller All defendants are in default. Surname is also spelled Beere in the document. Court finds for the Plaintiff that he is the owner of the real estate.

Recorder’s Office Deed Book 81

Page 53

Boots, Matilda

Boots, James A.

Commissioner’ Deed for Partition of R. E. This document references Order Book 45 page 428 (which was completely destroyed by the fire of 1913) The east ½ of the Northeast ¼ of Section 35 also the east 20 acres off of a 40 acre tract off of the South side of the Southeast ¼ of Section 26 all in Township 33 North Range 13 East. Land was convey to James A. Boots for the sum of $10140

Order Book 45

Auburn Courier

May Term 1910 Page 102, 103, October Term 1910 Page 175, 198, 272

July 28, 1910

Boyer, Warren et al

Duncan, John et al

Other Plaintiffs:

Other Defendants: James Duncan, Mary Chapman, Jennie R. Duncan, Robert Duncan, Maria Holden, Frank Duncan, George Dim?, Clementine Bowen, Cyrus Hood, William Hood, Isaac Hoffman, H. Mortorff, George D. Corbin, Alla Oberlin, Eva Imhoff, Benjamin L. Duncan, John? Duncan and William T. Duncan.

Case 8655 Partition of Real Estate. Infancy of Harold Duncan, Nellie Duncan and Frank F. Fish be suggested, William H. Leas is appointed guardian ad litem. Real Estate to be sold and partition made. Page 175 The notice of the sale had been published in the Waterloo Press. Sale of part to A. Byron Darby, Part to Eliza Bensinger and William H. Leas. Henry P. Stroh and wife.. Commissioners Deed to Aaron Byron Darby. Page 198 Payments to be made. Page 272 D. M. Link as Commissioner heretofore appointed to sell the R. E. and files a final report showing assignment of Notes and Mortgages.

IN Recorder’s Office Deed Book 80 Page 62 is a Commissioner’s Deed for this transaction with sale to W. H. Leas. Also page 300 to Henry P and Catherine Stroh a lot in Waterloo.

Paper States: A litigation looking to the establishment of the rights of one administrator to another is on trail before Judge Best, and if the number of witnesses subpoenaed is a criteria, the case will be hotly contested. Warren J. Boyer, Administrator of the estate of Almirna Duncan Vs. John Duncan. Administrator of the Andrew Duncan estate is the title of the litigation. The plaintiffs have filed a petition to recover two certain certificates of deposit representing $1,00 bearing date of September 27, 1908.

The plaintiffs, who represent the heirs of Almina Duncan, are claiming the entire estate left by the late Andrew Duncan for the alleged reason of ancestral inheritance.

Almina Duncan at the time of her death willed to her husband one third of her estate in fee simple and gave him the use of the remaining two-thirds until his death. She died intestate as to her personal property. Since the death of Andrew Duncan, he leaving no children, and no father or mother, heirs on both sides have been making exhaustive efforts to establish their rights to the property. The trail of the case will consume many days in court, and it is certain that many complicated questions in law will arise.

Another article in the same paper:

Monotony of Case was Relieved.

The monotony of the tedious trail of the Boyer vs. Duncan litigation was temporarily relieved last night when Attorney Hoffman, for the plaintiff cross-examining Ex Auditor Herman Boozer, asked if crops in DeKalb County under democratic administration, covering a certain period, were not total failures. Attorney D. M. Ling, also council for the plaintiff, whose political views differ from those of Mr. Hoffman, was on his feet in an instant and interposed abjection to the question propounded by his fellow attorney in the litigation. The seriousness of the law suit was wholly forgotten for a moment, and lawyers court attaches and the judge joining in hearty laughter over the incident, whim Mr. Hoffman purposely perpetrated for the humorous significance if might have.’ When the demonstration sufficiently subsided that one could be heard, Judge Best sustained the objection of Mr. Ling, and the answer which had already been made by Mr. Boozer was stricken from the record. The response of Mr. Boozer was given in a manner that convinced the judge that the democratic part was not responsible for the lack of rain fall in the eighties and the trial of the cause was resumed.

Order Book 45

October Term 1910 Page 176

Breyman, Charles H. et al

Hussellman, Levi

Other Plaintiff John B. O’Neal

Case 8740 Foreclosure of sewer lien. Death of defendant suggested.

Order Book 45

October Term 1910 Pages 180, 181

Breyman, Charles H. et al

Morton, W. D et al

Other Plaintiff John B. Oneal, Other defendant Otto J. Shaw

Case 8734 On Sewer Lien Defendant in default. Plaintiff is due $47.25 and entitled to foreclose on the lien.

Order Book 45

Auburn Courier

May Term 1910 Page 21, October Term 1910

July 21, 1910

Budea (Bucelea?), Juan (John) D.

Baltimore and Ohio R. R. Co

Case 8674 Damage Court tries case and finds for the plaintiff that he is owed $750 from the defendant.

Paper States: The $2,000 damage suite filed against the B. & O. Railroad Co several months ago by John D. Bucelea was settled this morning by virtue of an agreement between the interested parties, providing for the payment of $700 to the plaintiff. Bucelea in his complaint charged the company with having failed to properly protect the machinery in the Garrett shops and that his hand was caught in the machinery and badly lacerated. An amputation was necessitated in consequence of the accident. An Amicable agreement was reached and the cause was dismissed from the court docket. Though the amount agreed upon was much less than that use for by Mr. Bucelea, he deems himself fortunate in having settled without a tedious legation.

Auburn Courier

July 14, 1910

August 4, 1910

Burrell, Arthur et al

Hettenhouser, George C.

Other Plaintiff: Daniel B. Morgan

Paper States: Arthur Burrell and Daniel B. Morgan are plaintiffs in an action commenced in the circuit court last evening. The suit is brought for the collection of $137.50 which is claimed to be due for flower sold t the defendant. A writ of attachment was issued on the baker goods belonging to the defendant, George C. Hettenhouser.

Another article in the same paper. George C. Hettenhouser, proprietor of the Garrett Bakery, has, for the second time made his disappearance from DeKalb County, leaving his wife to face creditors who have furnished goods for the business place. Mr. Hettenhouser left several days ago and following his leafing, Arthur H. Burrell filed a suit on account against him. A writ of attachment was issued and Sheriff Thomas went to Garrett last evening where he was compelled to close the place unless a settlement could be effected.

Mrs. Hettenhouser agreed to pay the plaintiff the sum of $100 and liquidate the court costs, hence the action will be dismissed. The bakery was not closed.

Mr. Hettenhouser went away before but returned after a brief absence. Note: Spelling of last name could be Hetenhouser?

Paper states: George C. Hetenhouser, who a few weeks ago suddenly disappeared from Garrett, and, whose bakery was disposed of subsequently to one Aaron Baker, has returned to his haunts and after demanding that the buyer of his business place surrender possession in his favor, he preceded to file a replevin and conversion suit in the court against Baker, demanding damages in the sum of $400 and possession of the property. In his complaint, Mr. Hetenhouser enumerates that articles included in his place of business prior to his disappearance.

Order Book 45

October Term 1910 Page 206, 229, 301

Carnahan, Perry

Shull, Thomas

Other Defendant: Florence Shull

Note & Mortgage Case 8813 Page 229 Court set for Trial. Page 301 Cause is set for trial.

Order Book 45

Auburn Courier

October Term 1910 Page 207, 240, 259

October 27, 1910

Cartwright, James W.

Wabash R. R. Col

Case 8906 Damage Page 240 Case continued. Page 259 Court judgment of $750 is entered in favor of the Plaintiff.

Paper States: A demurrer in the case entitled Cartright versus the Wabash railroad company was this afternoon argued before Special Judge Best. The proceeding proving to be of intense interest for it’s many complicated questions in law. Judge Hammond of Lafayette and Attorney Steward represented the defendant and Harper and Eggeman of Fort Wayne the plaintiff.

The action was brought after the plaintiff had received injuries while in the employ of the railroad company.

Order Book 45

Page 17 May Term 1910, Page 47, 48

Christoffel, Jacob

Gilmore, Harry J et al

Other Defendants: Mrs. Harry J. Gilmore, Savings Loan and Trust Co County Commissioners

Case 8838 Garnishment. Page 47, 48 Harry Gilmore and wife have been notified by notice in newspaper. And they are in default. Court finds for the plaintiff against all defendants. There is due $79.01 which is due the defendant Harry J. Gilmore and to be applied due the plaintiff and when paid the defendant The savings Loan and Trust Co relieved. from any further obligations to said Harry Gilmore. Plaintiff to recover from the Gilmore’s the sum o f$79.01

Order Book 45

October Term 1910 Page 174

City National Bank of Auburn, IN

McLeod, J. J. et al

C. F. Rennerman and E. Van Houten

Case 8882? Plaintiff now dismisses cause.

Auburn Courier

September 22, 1910

Coll, Jacob

Rohrbaugh estate

Jacob Coll has brought suite against the Rohrbaugh estate asking ten dollars.

Order Book 45

Auburn Courier

October Term 1910 Page 261

August 11, 1911

Cook, Jacob

City of Butler

Case 9382 Injunction.

Paper Stats: The case of Cook vs. the town of Butler was to have been argued before Judge Brown of Angola this morning, but Mr. Brown was notified that the interested parties had agreed for a further postponement of the litigation.

Order Book 45

October Term 1910 Page 296, 297

Cook, Jacob

Lower, Joseph et al

Other Defendant: Alda Lower

Case 8936 Note and Foreclosure of Mortgage. Defendants in default and the Court tries he case. Court finds for the plaintiff and the defendants is to pay $67.23 to the Plaintiff. Mortgage is to be foreclosed.

Order Book 45

October Term 1910 Page 239

Creager, William E.

Wabash R.R. Co.

Case 8407 Damages. Defendant files a motion for change of venue.

Order Book 45

October Term 1910 Page 173

Culbertson, George

Baltimore & Ohio R. R. Co.

Case 8911 Damage.

Order book 45

October Term 1910 Page 214, 215

Curtis, Eugene et al

Curtis, Gilbert S. et al

Other Defendants: Nettie Brasins?

Case 8913 To resist the probate of Will. Gilbert S. Curtis is in default. Court finds that said testator was of unsound min at the time he executed said will on April 25, 1906 and that the same was not duly executed and is not the will of said Abner D. Curtis. and should be set aside and not submitted to probate. It is also agreed by the parties Plaintiff ad the defendants Nettie Brasine that none of said parties have or hold any claim against the estate.

Order Book 45

May Term 1910 Page 56, 58, October Term 1910 Page 218

Eberlee, Charles W.

William H. McINtyre Co.

Case 8864? Or 8869 Damages. Page 58 Case continued. Page 218 Case 8869 Case continued.

Order Book 45

October Term 1910 Page 176, 184

Excelsior Stove, Mfg. & Co.

Kinsey, H. V. & Son

Case 8812 Account cause is dismissed and costs are paid. Same as page 176

Order Book 45

Auburn Courier

October Term 1910 Page 223, 224 and 3 lines on 224

October 6, 1910

F. A. Larkins & Co., A Corporation

Abrams, Louisa P

Case 8927 Foreclosure of sewer lien. Defendant in default. Court finds for the Plaintiff that they are due $85.63 and all costs from the Defendant. Mortgage to be foreclosed and real estate sold.

Paper States: Late this afternoon four cases were filed by the Larkin Company against Louisa Abrams, Alvin Hand, Daniel Tomlinson and Clement Harper, in which the plaintiffs ask for foreclosure of sewer assessments. The cases are against Butler people who it is claimed are benefited by the new sewer system recently, completed.

Order Book 45

October Term 1910 Page 225

F. A. Larkins & Co. A Corporation

Hand, Alva

Case 8926 Foreclosure of Sewer Line. Plaintiff dismisses this cause.

Order Book 45

October Term 1910 Page 225

F. A. Larkins & Co. A. Corporation

Hooper, Clement C. et al

Other Defendants: Noble County Bank of Kendallville In

Case 8928 Sewer Lien. Cause dismissed and costs paid.

Order Book 45

October Term 1910 Page 224 and 4 lines on 225

F. A. Larkins & Co A Corporation

Tomlinson, Daniel

Case 8929 foreclosure of Sewer Lien. Defendant 3 times called and in default. Court finds for the Plaintiff that they are due $79 from the defendant. The lien to be foreclosed and the property sold.

Auburn Courier

September 22, 1910

Fee, Mrs. Richard

Duncan Estate

Mrs. Richard Fee of Waterloo has filed an action in which she demands judgment in the amount of $168.50 against the Duncan estate.

Order Book 45

October Term 1910 Page 169

F. H. Hill Co

Merica, Thomas S. et al

Other Defendant: H. D. Weaver

Case 8705 To Renew Judgment Cause is now settle and dismissed at costs of the Defendant.

Order Book 45

Page 169 October Term 1910

Fort Wayne Foundry & Machine Co

Shearer, Solomon

Case 8460

Order Book 45

See article under for the Auburn Courier Journal Gazette

Page 35 May Term 1910 Page 36, 37

Fort Wayne Journal Gazette

Parker, Charles W. et al

Other Defendants: Milton C. Parker ad Frank A. King

Case 8618 On Contract. Goes to jury trial. Page 36 Jury finds for the plaintiff in the amount of $38.62.

Order Book 45

Page 20 May Term 1910, October Term 1910 Page 190, 205

Foster, Thomas by his next friend William Roy

Baltimore and Ohio R. R. Co

Case 8853 Damages. Page 190 Defendant ruled to answer before October 15, 1910 Page 205 Case continued. See Schlatterback, Grover

Order Book 45

Microfilm Civ-01

October Term 1910 Page 309, 310

Index Point 002345-0002355

Frederick, James R.

Millington, Abel et al

Quiet Title Case 8908 All defendants are duly notified and are in default. Court finds for the Plaintiff that he is the owner of the land.

Case 8908

Order Book 45

October Term 1910 Page 174

Gee, Lucinda

Kincade, James

Case 8879 Injunction and Damage

Auburn Courier

December 22, 1910

Feisinger, Dr.

Nussbaum, Dr. W. H.

The litigation predicated several years ago between Dr. Geisinger and Dr. W. H. Nussbaum of this city has at last come to an end since county Clerk Austin has received a notice from the supreme court stating that the appeal has been dismissed by the appellant who was Mr. Nussbaum.

The litigation arose subsequent to a business transaction in which Dr. Geisinger purchased the practice of Dr. Nussbaum.

There was a provision I the contract preventing Dr. Nussbaum fro practicing medicine I this city for term of five years.

It was alleged by Dr. Geisinger that Dr. Nussbaum began practicing as an assistant to his son before the expiration of the five years and suit was brought. The circuit court here enjoined the defendant from practicing until the time was sup and he took an appeal with the above stated result.

The five years expired however last summer. It is a question of who will pay the costs and it is very likely that Dr. Nussbaum will be the one.

Order Book 45

October Term 1910 Page 237

George, Elizabeth J

Wabash R.R. Co.

Case 8395 Damages. Defendant files a motion for change of venue.

Order Book 45

Auburn Courier

May Term 1910 Page 60, 61

August 11, 1910

George, Sarah A.

Patterson, William A. et al

Case 8830 Quiet Title Notice filed in the Auburn Dispatch. Defendants three times called and in default. Court finds for Sarah A. George.

. A. Patterson et al, judgment was rendered for the quiet of title.

Auburn Courier

December 16, 1910

Gillette, Allace et al

Millington, Frabel

Quiet title action.

Order Book 45

Auburn Courier

Page 6 May Term 1910, Page 16, 17, 20, 25, 28, 87

July 14, 1910

July 21, 1910

Gordon, Franklin et al

Johnson, Joseph et al

Other Plaintiffs: Nancy A. Gordon, Other Defendant Catharine Johnson

Case 8677 Damages for Fraudulent Representation. Examination of Nancy A. Gordon ordered published. (part of the page was destroyed by 1913 fire) Page 16 Goes to jury trial. Page 17 Plaintiff now moves for the court to dismiss the case as to Catherine Johnson. Page 20 Case continued. Page 25 Case continued. Page 28 Case continued. Page 87 Case continued.

Paper States: The trial of the case, Franklin J. Gordon et al versus Joseph Johnson et al was begun before a jury today. The plaintiff avers that he purchased a tract of land from the defendant and that the drainage of the land was misrepresented. He asks damages in the sum of $3,500

Paper States:

Until 12 o’clock Saturday night the Gordon-Johnson jury deliberated before the twelve men agreed to disagree. The jurors wee hopelessly divided at all times, and although nine of them had been convinced that the defendant was entitled to a verdict, the remaining three maintained their convictions to the contrary unswervingly, and could not be swayed by an exhaustive discussion of the issues of the case, the law as it was applied and the evidence as it was introduced.

Johnson was charge with having committed fraud upon Mr. Johnson in the sale of a farm. Testimony was introduced with substantial the allegation and the defense disputed the contentions with a large number of witnesses.

There was much speculation among citizens as to the probable outcome of the trial.

Another trial will be necessitated in consequence of the disagreement.

At twelve o’clock Saturday night three of the jurors refused to further argue the case on account of their religious turn of mind, they not desiring to work on Sunday. As a result all the jurors went to their homes. The attorneys for both sides met yesterday morning at ten o’clock and learning that the jurors were hopelessly divided, decided to call it a disagreement, which in fact it was without further deliberation.

Another Article in same issue:

A complicated question in law arose in the DeKalb circuit court his morning over the admissibility of evidence which the plaintiff sought to introduce in the trail of the case Franklin Gordon vs. Joseph Johnson.

Martin Sharpe was placed on the stand to testify as to a conversation he held with the defendant, Johnson, relative to the proposition hat a portion of the land in controversy was unfit to cultivate. The defense interposed an objection stating as its reason that the wife, who was a joint owner to the land, could not e held for fraud by a statement made by her husband. Judge Best sustained the objection. The plaintiff in insisted that Mr. Johnson was acting as his wife’s agent and that the wife could be held. The case is being contested bitterly by the attorneys of both sides.

Order Book 45

October Term 1910 Page 234, 237, 239

Grate, George

Wabash R.R. Co.

Case 8396? Damages. Defendant asks court for a change of venue. Page 237 Continuation of the case for change of venue. Case 8406 Change of venue requested. Case 8408 Change of venue requested by defendant.

Order Book 45

October Term 1910 Page 236, 237

Greno, Julia A.

Wabash R.R. Co.

Case 8393 and 8394 Damages. Defendant files a motion for change of venue in both cases. Page 237 Case continued. For change of venue.

Not of the above case but in relation to the family. In Recorder’s Office Deed Book 81 page 75 DeKalb County, December Term 1910. The possessions of said decedent to be less than $500. Ordered to be given to Julia A. Greeno the widow of said decedent. Listed are the assets totaling $295. Reference is made to Order Book U page 59

Order Book 45

Page 4,5

May Term 1910

Hadsell, Saxton?

Hadley, Samuel et al

Widow of Samuel unknown to Plaintiff, Robert M. Widney, Betsie Widney, etc

In Recorder’s Office Defendants also are Alexander H. Wideny and wife..

Case 8805 Quiet Title Defendants notified in newspaper and they are in default. Court finds for the Plaintiff that he is owner of the West ½ of the Northwest ¼ of Section 23 Township 33 North of Range 14 East containing 80 acres more or less.

In Recorder’s Office Deed Book 83 Page 530 is a copy of a Decree for the cause of Saxe P. Hadsell vs. Samuel Headly. The Plaintiff is the owner of the Real Estate.

Order Book 45

October Term 1910 Page 237

Haidley, Amanda?

Wabash R.R. Co

Damages. Move for a change of venue.

Order Book 45

May Term 1910 Page 94

Haite, Mary

Haite, George et al

Other defendant: Cora Haite

Case 8821 Quiet title. Plaintiff dismisses the case.

Order Book 45

Microfilm Roll Civ-01

Page 2 May Term 1910, October Term 1910 Page 178, 228

Index Point 002198-002211

Hamilton, Benjamin

Bishop, James et al

Other Defendant: Mary A. Bishop

Case 8836 Claim Page 178 Cause is dismissed. Page 228 Case seems to be continuing???

Order Book 45

October Term 1910 Page 243

Hamilton, William

Hadsell, Marshall et al

Other defendants: Irvin J. Hadsell

Case 8886 On Note. Defendants three times called and in default. Court rules for the Plaintiff that he is due $192.50 from the defendants.

Order Book 45

October Term 1910 Page 170, 206

Hampshire, Jonas J

Hampshire, Jonas A

Case 8907 Replevin Page 206 Case 9021 Replevin Cause is dismissed.

Order Book 45

October Term 1910 Page 280

Hartman, Levi

Wambegous, Anthony

Case 8968 On Judgment Plaintiff files affidavit of no residency of the defendant. Summons ordered for the defendant William H. Tritch, Administrator with Will annexed of the estate of Anthony Wambegous?, as garnishee defendant

Order Book 45

May Term 1910 Page 58

Hathaway, H. ?

Hoff, Charles

Case 8889 Plaintiff now dismissed this cause.

Order Book 45

October Term 1910 Page 192

Hathaway, Silas

Mortimer, James D.

Mortimer is receiver of the Toledo and Chicago Interurban Railway Co

Case 8890 Damages.

Auburn Courier

December 29, 1910

Haverstock, Robert A.

Call, Jacob E.

Other Plaintiff: Walter Maxwell

A new case entitled Robert A. Haverstock and Walter Maxwell vs. Jacob E. Call was filed in court today in which the plaintiff asks foreclosure of mortgage on real estate securing the same notes aggregating $2,100

Order Book 45

May Term 1910 Page 79, 80, 96, October Term 1910 Page 226 and 4 lines on 227

Heater, Lucy A.

Ferrell, George W. et al

Clayton Ferrell, Ruth Thornton, Cloud? Ferrell, Bud Thornton, Sylvenus Ferrell, Ethel Ferrell, Louise Ferrell, McKinley Ferrell

Case 8824 Partition

Defendants notified Infancy of Ethel, Louis and McKinley Ferrell being suggested the court appoints D. M. Lin as guardian ad litem. Court finds that the plaintiff and defendants are owners of the real estate and partition is ordered. Michael Boland is appointed Commissioner to sell the R.E. Page 96 Michael Boland files a bond for $3,000 with J. K. Stafford as surety. Value of R. E. at $,1800. Page 226 Real Estate sold to Samuel Widney for the sum of $1,730.

In Recorder’s Office Deed Book 80 Page 41 is the Commissioners Deed for this transaction To S. L. Widney

Order Book 45

Page 1, May Term 1910, 18, 33, October Term 1910 Page 182

Helmer, Gilford S. et al

Helfrick, Bertha et al

Other Plaintiff: Jay K. Lipsett, other Defendant: Lester Snyder, John W. Baxter, administrator with will annexed for Ann J. Helmer estate, Fairfield Snyder guardian of Herbert Lester Snyder

Case 884? Contests will Page 18 Case continued. Page 33 Plaintiff Jay K. Lipsett dismissed the case as to himself. Page 182 John W. Baxter is appointed guardian ad litem of Herbert Lester Snyder. Estate is Ann C. Helmer Estate.

Order Book 45

October Term 1910 Page 197, 273, 276

Hensler, George D

Henler, Louisa et al

Other defendants: Bertha Beckley and Eliza Fisher

Case 8826 Partition and Accounting Sale of real estate to Albert and Bertha Beckley. Court finds that the sale was legal and a Deed of Conveyance to be issued. Page 273 Real Estate sold to Eli C. Miller for $2,550. Page 276 Commissioner’s Deed is accepted.

In Recorder’s Office Deed Book 80 page 105 is a copy of this transaction with land conveyed to Albert and Bertha Beckley.

Also page 192 with sale to Eli C. Miller

Order Book 45

October Term 1910 Page 182, 192, 257, 275, 280

Hettenhouser, Mabel C

Baker, Aaron S.

Case 8883 On Contract Page 192 Case 9001 On Contract Case continued. Page 257 Case continued. Page 275 Case continued Also on same page case is dismissed by agreement of the parties. Page 280 Cause is dismissed at defendant’s cost

Auburn Courier

December 1, 1910

Hevel, Guy

Colgrove, Herman

A new case was today filed in court entitled Guy Hevel versus Herman Colgrove, a quiet title action

Auburn Courier

December 29, 1910

Hill, Emil

City of Garrett

The litigants in the case of Emil Hill vs. City of Garrett, in which the plaintiff demanded judgment in the sum of $1,500 for damages caused by the construction of the north side sewer system in Garrett and its connection with the south side system which he claimed caused his land south of Garrett to overflow, will be settled by agreement in the Noble county court on Monday, January 2, where the case has been venue.

The parties interested in the litigation have agreed that $575 be paid to Mr. Hill for the damage he has sustained by virtue of the sewer connections and the matter will be settled in that manner in the Noble county court one week from Monday.

Order Book 45

October Term 1910 Page 286, 300

Hipshind, John et al

Eckhart, Frank E.

Other Plaintiff: Thomas Hipshind

Case 8651 Account Change of Venue requested by the Plaintiff Page 300 Change of venue sustained and cause is changed to he Whitley County Circuit Court.

Order Book 45

Auburn Courier

October Term 1910 Page 286, 303

August 11, 1910

Hipshind, John et al

Auburn Automobile Co

Other Plaintiffs: Thomas Hipshind

Case 8652 Account Plaintiff files affidavit for change of venue. Page 303 Change of venue to the Whitley County Court.

Paper States: Attorney Yeagley of Angola and Attorney J. H. Rose were in conference in court today, looking after mattes pertaining to the case of Hipskind & Hipskind of Wabash against the Auburn Auto Company

Order Book 45

October Term 1910 Page 238

Hoover, Frank P.

Wabash R.R. Co.

Case 8401 Damages. Defendant files a motion for change of venue.

Order Book 45

October Term 1910 Page 238

Hughes, William

Wabash R.R. Co.

Case 8398 Damages. Defendant moves for a change of venue.

Order Book 45

October Term 1910, Page 203

Hyson, William H.

Emerick, Alfred G. et al

Other defendants: Georgia Elizabeth Emerick, Straus Brothers’ & Co and City National Bank

Case 8767 Foreclosure of Mechanics Lien. Defendant asks for a change of venue to Allen County Court. Page 203 Case continued.

Order Book 45

October Term 1910 Page 219

International Harvester Co

Krabil, Henry

Contract

Auburn Courier

November 17, 1910

Jefferson & Skinner

Waterloo Works

Two gentlemen from Muncie, Messers, Jefferson and Skinner, who were engaged to repair the water works well at Waterloo some time ago, by their attorney, J. E. Pomeroy, brought suit in the DeKalb circuit court last evening, in which they demand judgment in the sum of $1,000 and the appointment of a receiver for the plant, in the event the amount due is not forthcoming at once.

The plaintiffs allege that the company owning the Waterloo Plant is indebted t them in the amount of $900, which amount they have been unable to get.

A mechanic’s lien has been filed and the suit is brought for foreclosure of same.

Order Book 45

May Term 1910 Page 23

Johnson, Melville

Ricius Harmon

Case 7561 Injunction.

Order Book 45

May Term 1910 Page 101, October Term 1910 Page 251

Jones, William

Moore, Samuel L. et al

Recorder’s Office Defendants are Samuel Moore, if living and his spouse and heirs, the Unknown heirs of Benjamin Moore, Viola Moore his wife and unknown heirs.

Case 8899 Quiet Title. Notice published in the Auburn Courier for October 25, 1910. Page 251 Defendants are in default and court finds for the plaintiff.

In Recorder’s Office Deed Book 81 Page 325 is a copy of Decree for case 8899

Auburn Courier

July 28, 1910

Journal Gazette

Parker, C. M.

Paper States:

After brief deliberation the jury in the Journal-Gazette vs. C. M. Parker case returned a verdict last evening giving the plaintiff judgment in the amount of $38. The terms of the judgment of the jurors taxes the cost of the litigation to the plaintiff, which indeed exceed in amount the sum total of the judgment.

Mr. Kist, representing the Fort Wayne Journal-Gazette, first brought action in a justice court at Garrett, and took judgment for $59. The case was appealed to the circuit court and tried Wednesday and Thursday. The fact that the judgment rendered in favor of Mr. Kist was more than five dollars less than the amount sued for, throws the costs of the trial on him. Vindication, therefore, is all he has merited by the litigation.

A peculiar circumstance attending this litigation was the fact that Kist and Parker, who were the only witnesses in the matter, took the stand alternately, submitting evidence-damaging character to each other, and then rode to and from Garrett together in an automobile owned by Mr. Parker.

Order Book 45

October Term 1910 Page 229

Journal Company of Troy?

McIntyre W. H. Co

Case 8950 Account

Order Book 45

October Term 1910 Page 238

Kalb, J. S.

Wabash R.R. Co.

Case 8400 Damages. Defendant files a motion for change of venue.

Order Book 45

October Term 1910 Page 212

Kessler, Levi et al

Mortimer, Almira et al

Other Plaintiff William H. Kessler, Other Defendant: Savings Loan and Trust Co. Samuel F. Moore and Effie Moore

Case 8694 Quiet of Title.

Order Book 45

May Term 1910 Page 81, October Term 1910 Page 281, 282

Kleeman, Sophia

Weeks, Leavett, et al

Case 8896 quiet title. Page 281 Notice filed in the local newspaper. Defendants three times called and are in default. Court rules that Plaintiff is the owner of R. E.

Order Book 45

Page 3, May Term 1910

Klotz, Martin, Executor of the Will of Samuel P. Klotz

Bowman, Alexander et al

Other defendant: Julia C. Bowman

Case 8840 On Note. Defendants are three times called and in default. Court finds for the Plaintiff and that he is entitled to $91.15 and all costs.

Order Book 45

October Term 1910 Page 284, 285

Knisley, John C.

Bombridge (Bainbridge), Lydia et al

In Recorder’s Office defendants are Lydia A. Bainbridge, Della M. Chrisman and Oras Chrisman

Case 8881

Quiet Title. Notice published in local paper and defendants are in default. Court rules the plaintiff is the owner of the R.E.

In Recorder’s Office Deed Book 81 Page 324 is the Copy of the Decree.

Property line being at the Southeast corner of the Northwest ¼ of Section 9 Township 33, North of Range 14 East and from thence North 32 rods, thence West 21 rods, thence North 32 rods thence to the place of beginning

Auburn Courier

July 14, 1910

Knisely Brothers & Co.

Triplett, James

Paper States: Knisely Brother and Co. have filed a suit on a note against James Triplett et al demanding judgment in the sum of $75.

Order Book 45

Auburn Courier

October Term 1910 Page 234

October, 6, 1910

Kniss, ? B.

Baltimore & Ohio R. R. Co

Case 8925 For benefit.

Paper States: By his attorney, W. W. Sharpless, Karl Knise of Garrett has filed suit against the B. & O Railroad, in which he demands damages in the sum of $133. He alleges that the relief department of the company did not compensate him when he was inured as the agreement calls for.

Order Book 45

October Term 1910 Page 24

Krabill, Henry W.

Miller, Samuel

Case 8806 Foreclosure of Lien.

Recorder’s Office Deed Book 78

Pages 292, 293 Dated Dec. 1909

Krumlauf, Schyler

Partition proceedings of Almira Krumlauf

Surfus, Lydia, M., et al

Jerry Surfus, J. Loulettia Krumleaf

This is from Allen County, Allen Circuit court I Order book 17, pages 2-5 (Allen County) To J. Loulettia Krumleav.

Order Book 45

October Term 1910 Page 239

Larkin, Charles A.

Wabash R.R. Co.

Case 8403 Damages. Defendant files a motion for change of venue.

Order Book 45

October Term 1910 Page 292

Lemmon, Helle

Dilgard Ray C.

C of V Cause is now dismissed.

Order Book 45

October Term 1910 Page 242

Loveland, Theodore O

Rice, William

Case 8875 Demand $200. Plaintiff files a bond with American Surety Company as Surety.

Order Book 45

October Term 1910 Page 239

Lowenthal, Flora

Wabash R.R. Co.

Case 8404 Damages. Defendant files a motion for change of venue.

Order Book 45

October Term 1910 Page 249

Luce, Warren et al

Krumm (Kram?), Frederick Mrs. Et al

Other Plaintiff Frederick Luce

Case 8894 Quiet Title Part of document destroyed by 1913 fire.

In Recorder’s Office Deed Book 81 Pages 315, 316 is a copy of this Decree and Deed. There is a full description of the land.

Order Book 45

Auburn Courier

October Term 1910 Page 208

July 21, 1910

Lung, David (Daniel)? E.

Zeke, John

Case 8825

Paper States:

In the case of Daniel Lung vs. John Zeke, action for conversion of property, a motion is filed praying that the plaintiff be compelled to pay the costs of the former trial before a new one is granted.

It will be remembered that some time ago Mr. Zeke was compelled to defend replevin action for his having appropriated a cash register as averred by the Plaintiff, Mr. Lung. The case was tried before a jury and after the hearing of the court’s instructions, Attorney Hoffman for the plaintiff asked that the case be dismissed. Thereafter a conversion action for the recovery of the same property was brought. The defendant asks that the plaintiff be compelled to pay costs of the first trial before proceeding with the second. The court has not ruled on the matter.

Auburn Courier

December 16, 1910

Kist, Alfred A

Marvin, Hobert L.

Alfred A. Kist, well known in the Twelfth District is the defendant and Hobert L. Marvin is the plaintiff and asks judgment in the sum of $500 against the Twelfth District Press Printing Company. He claims this amount due him for machinery purchased from him. He asks that a receiver be appointed for the concern.

Order Book 45`

Page 8 May Term 1910

Knisely Brother C Bank

Triplett, James et al

Other defendants: William Maris?, Fred C. Maris?

Case 8860 On Note. Plaintiff dismissed the case.

Order Book 45

May Term 1910 Page 38

Knisely, John C?

Bainbridge, Lydia A.

Case 8881 Quiet Title.

Order Book 45

Auburn Courier

October Term 1910 Page 178

July 7, 1910

Lehman, Martin

Lehman, Ricka et al

Other Defendants: Julius W. Lehman, Celia M. Lehman

Case 8847 o Claim Julius and Celia are in default. Infancy suggested of Julius and Celia and John W. Baxter is appointed guardian ad litim.

Paper states: Martin Lehman against whom a judgment was recently rendered by the court in deciding the Mrs. Ricka Lehman was the owner of the seventy-nine acre tract of land farmed by her late husband, William Lehman, has brought a quiet title action against Mrs. Ricka Lehman, claiming in his complaint that the defendant is wrongfully retaining possession of the place. Mr. Lehman claims to have been damaged to the extent of $500. for which amount he asks damages.

This action adds a new perplexity to the litigation and will no doubt be the means of another interesting legal battle.

Order Book 45

May Term 1910 Page 21

Leving, Daniel e.

Zeke, John

Case 8825 Defendant files motion to require the plaintiff to pay costs on case 8846.

Order Book 45

October Term 1910 Page 190

Loveland, Theodore O.

Rice, William E.

Case 8875 Demand $200 Defendant ruled to answer on or before October 101, 1910

Order Book 45

Microfilm Roll Civ-01

May Term 1910 Page 105-107

Index Point 002213-002230

Martin, Charles M. et al

Kuhn, Clara B et al

Other Plaintiff: Mary Martin

Other defendants: James Kuhn, Eli Weaver, Louisa A. Weaver, Mrs. Eli Weaver whose Christian name is unknown to Plaintiff, Beatrice Hoadley and husband, Albert C. Weaver and wife, William Weaver and wife, and all their heirs and descendants.

Case 8849 Quiet Title. Notice published in the Auburn Courier. Defendants are in default. Plaintiff is entitled to the North ½ of the Southeast 14 of Section 19, Township 34 North of range 13 East. Containing 80 acres more or less

Case 8849

In Recorder’s Office Deed Book 81 Pages 13, and 3 lines on 14, there is a copy of a Decree in the case of Charles M. Martin, Marl Martin Case 8849 vs. Clara B. Kuhn, James Kuhn, Eli Weaver, Louisa Weaver, Mrs. Eli Weaver, Louisa Weaver, Mrs. Eli Weaver, Beatrice Hoadley and husband, Albert C. Weaver and wife, William Weaver and wife and all their decedents.

The property is the North ½ of the Southeast ¼ of Section 19 Township 34 North, Range 13 East, containing 89 acre more or less. With the deed to the plaintiffs

Order Book 45

October Term 1910 Page 277

Marsh, John

Snyder, J. D.

Case 8961? Change of Venue form Noble Co.

Order Book 45

October Term 1910 Page 179

McCullough, Clara M.

Hunsel, Bernard

Case 8702 On Note Defendant in default. Court finds for the Plaintiff that she is due from defendant $280.

Order Book 45

October Term 1910 Page 279, 290

McIntyre, W. H. Co

Western Sales Co. et al

Other defendant: City National Bank

Case 8966 Writ of Attachment. Page 290 Case continued.

Order Book 45

May Term 1910 Page 33

Miller, Grace

Draggoo, Harry D.

Case 8868 On Note.

Auburn Courier

October 20, 1910

Moyer Brothers

Baker, Horace

Papers States: Moyer Brothers of Garrett are plaintiffs in an action brought in court this morning against Horace Baker, in which they demand the foreclosure of a Chattel Mortgage.

Order Book 45

Auburn Courier

October Term 1910 Page 170, 174

July 21, 1910

Myers, Benjamin

Scholes (Scoles?), Frank et al

Other defendant: Milford Clark

Case 8866 Damages. Page 174 Case continued.

Paper States: Benjamin Myers is the plaintiff in a damage suit brought in the circuit court this morning against Frank Seeles (Spelling as in article) and Milford Clark in which he asks damages of $350.

The complaint recites the fact that the defendant Scholes constructed a bridge across the main highway leading from Butler to Edgerton, Ohio, after having been awarded the contract by the DeKalb County commissioners, and that he left an open trench near the bridge, into which his son, Isaac Myers drove a horse the animal sustaining bad injuries. He states that Scholes negligently and carelessly allowed the trench to remain open without placing a signal of any nature to warn travelers. The accident happened to Isaac Myers on the evening of July Fourth.

Auburn Courier

May 12, 1910

Newman Sewer Contracting Co. A Corporation

Fosdick, Edwin

Paper states: The Newman Sewer Company has also filed an action against Edwin Fosdick et al., demanding $323.40 and attorney fee of $125. and the enforcement of a lien.

Order Book 45

Auburn Courier

October Term 1910 Pages 267, 268

May 12, 1910

Newman Sewer Contracting Co, A Corporation

Hoover, Lucinda et al

Other Defendants Descendants and unknown heirs of Lucinda Hoover

Case 8808 Foreclosure of Sewer Lien. Notice published in the local paper. Defendants in default. Plaintiff is allowed to recover $106. Real Estate to be sold

Paper States: The Newman Sewer Construction Company is the plaintiff in an action brought against Lucinda Hoover, et al, in which it demands judgment in the sum of $76.50 together with an attorney fee of $25. The plaintiff asks for the enforcement of a lien. The litigation is brought for the collection of an assessment levied for benefits derived from the new sewer recently construction in Butler.

Order Book 45

Auburn Courier

October Term 1910 Page 194, 214

October 6, 1910

Noble County Bank

Smith, Albert B. et al

Other Defendant: Alice P. Smith

On Note Case 8922 Page 214 Cause is now dismissed by the plaintiff.

Paper States: The Noble County Bank is plaintiff in a case filed last evening against Albert and Alice Smith and Charles Rollins. The action is brought on a promissory note, and judgment in the sum of $280. is demanded.

Order Book 45

October Term 1910 Page 176

Ocker, Wilson M.

Husselman, Levi

Case 8691 Death of defendant is suggested.

Order Book 45

October Term 1910 Page 169

Olbuck & Golbrick

Merica, Thomas et al

Other Defendant: Harvey D. Weaver

Case 8706 to renew judgment

Order Book 45

Auburn Courier

October Term 1910 Page 172, 186

July 7, 1910

July 14, 1910

July 28, 1910

Overmyer, Frank

St. Clair, Alvin M.

Case 8872 Damages. Page 186 Venue changed to Steuben Circuit Court, Steuben, and Indiana.

Paper states The case entitled Frank Overmeyer vs. Alvin M. St. Clair which was scheduled for trial today by Squire Green has been postponed until two weeks from today on account of the disappearance of the defendant. (There are many articles in June, July, 1910 regarding Mr. St. Clair and his death)

Paper States:

J. H. St. Clair has been appointed administrator for the estate of the late Alvin M. St. Clair and has filed a bond of $5,000. He is preparing to contest the horse case which has been venued to the circuit court from the court of Justice A. P. Green. (In the June and July papers there are many articles on the disappearance and death of A. St. Clair)

Paper States:

The litigation entitled Frank Overmeyer vs. Alvin St. Clair was today withdrawn from the court of Justice A. P. Green and filed in the circuit court.

Order Book 45

October Term 1910 Page 204

Petition for Drainage

Bourden, Ellsworth H et al

Case 9121 Court finds for remonstrancers

Order Book 45

Page 13 May Term 1910

Petition for Drain

Buchanan, Hiram et al

Case 7679 Drain Aaron M. Carr is Superintendent of constriction.

Order Book 45

Auburn Courier

Page 2 May Term 1910 (date of July 12, 1910), Page 10, 51( date of Aug. 5, 1910), 56, 70, October Term 1910 Page 174

July 14, 1910

Petition for Drain

City of Auburn

Case 8837 Drain Page 10 case continued. Page 51 Petition filed in the Auburn Courier. Page 56 No person files a remonstrance and the case goes to court. Page 70 Case 8858 Case continued. Page 174 Hannah Draggoo files her withdrawal form said remonstrance.

Paper States: The matter of the construction of the Wagner and Tenth street, storm sewers in Auburn is now under the jurisdiction of the DeKalb Circuit Court (More information follows)

Order Book 45

October Term 1910 Page 209, 259, 268, 304

Petition for Drain

Davis, Nancy A. et al

Case 8912 Petitioner files her bond for $100 with G.E. Oberle? as surety Page 259 George E. Oberlin is appointed third Drainage Commissioner. Page 268 Petition is now referred to Charles S. Wagoner, Leonard Shipe ad George E. Oberlin ad Drainage Commissioners. Page 304 Case continued.

Order Book 45

May Term 1910 Page 66

Petition for Drain

Ditmar, Elmer et al

Order Book 45

October Term 1910 Page 245

Petition for Drain

Fair, Jonathon et al

Case 9359

Order Book 45

Auburn Courier

October Term 1910 Page 286, 287, 288, 301

October 13, 1910

Petition for Drain

Ginder, Frederick et al

Charles S. Arford is appointed Superintendent of Construction. Page 301 Charles W. ? Superintendent of Construction and bond is $2500 with James Provines and John J. Oberlin as surety.

Paper States: So much improved is Judge Emmet E. Bratton, who recently returned form Rochester Minnesota, where he received treatment for a malignant illness, that he now expects to come to Auburn, the latter part of this week and render decisions in several important matters which he has had under advisement for several months.

The most important decision which he will render will be with reference to the Ginder drain, which consumed much time in court during its trial. The litigants are very anxious for a decision in the matter.

Order Book 45

October Term 1910 Page 277

Petition for Drain

Grate, William A et al

Case 8831?

Order Book 45

Page 6 May Term 1910

Petition for Drain

Griffin, E? P. et al

Case 8253 Drain. William Shilling was the Superintendent of Construction.

Order Book 45

October Term 1910 Page 263

Petition for Drain

Groscup, Frederick et al

Case 7747 James Provines Superintendent of Construction files a report. And he is allowed $108 for his services.

Order Book 45

Page 10 May Term 1910

Petition for Drain

Gunsenhouser, Jacob et al

Case 8271 David A. Riser is Superintendent of Construction

Order Book 45

Page 15 May Term 1910, page 96

Petition for Drain

Guthrie, Henry et al

Case 8446 Albert Thrush is Superintendent of Construction. Page 96 Superintendent files for more time.

Order Book 45

May Term 1910 Page 92

Petition for Drain

Koble, John et al

Case is settled.

Order Book 45

Microfilm Roll 415

Page 2 May Term 1910 Page 39, October Term 1910 Page 170, 200, 289,

Index Point 2380-2446

Petition for Drain

Link, David et al

Other defendants William B. Rohm, Grant Civil Township by Theodore E. Imhoff, Trustee

Case 8809 Petition for Drainage. Charles Waggoner, County Surveyor, Leonard Ship drainage commission and Commodore P. Hammond of Grant Township Drainage commissioners Page 39 Page 170 Case continued. Page 200 Case continued. Page 289 J. Harris Reed appointed Superintendent of Construction. Bond set at $500. William H. Leas is Surety.

Cases 8804 and 8809

Order Book 45

October Term 1910 Page 218, 263

Petition for Drain

Moore, Aaron D.

Case 7779 Continuation. Page 263 Continuation.

Order Book 45

October Term 1910 Page 262

Petition for Drain

Nelson, Samuel Et al

Case 8264?

Order Book 45

May Term 1910 Page 64, October Term 1910 Page 203, 211

Petition for Drain

Pickhart (or Peckhart), William J. et al

Case 7919 Page 203 Philip Halmon files a motion and the Court finds he is due $40 to be paid by the Superintendent of the Constriction of the drain. Page 211 Drainage Commissioner Phillip S. Carper files claim for his service.

Order Book 45

May Term 1910 Page 91

Petition for Drain

Shearer, Lettie et al

Case 7649

Order Book 45

Page 10 May Term 1910

Petition for Drain

Sherwood, Lizzie et al

Case 7650

Order Book 45

May Term 1910 Page 69, October Term 1910 Page 236

Petition for Drain

Strause, Simon J.

Case 7869 Page 236 James Provines is Superintendent of Construction.

Order Book 45

October Term 1910 Page 271, 295

Petition for Drain

Taylor, Oscar et al

Drain Case 7729 Page 295

Order Book 45

May Term 1910 Page 90

Petition for Drain

Teutsch, Almira et al

Case 8851

Order Book 45

October Term 1910 Page 263

Petition for Drain

Yard, Frank et al

Case 8075 W. A. Daniels Superintendent of Construction.

Order Book 45

Auburn Courier

May Term 1910 Page 63, 294

August 11, 1910

Petition for Drain

Yarian, Laura et al

Case 8780 Page 294 Case continued.

Paper States The Laura Yarian drain was this morning located, and William Fair was appointed Superintendent of construction to carry into execution the order of the court.

Order Book 45

May Term 1910 Page 89

Petition for Drain

Zurbrugg, William et al

Case 8332

Order Book 45

October Term 1910 Page 238

Phillis, ?.

Wabash R.R. Co.

Case 8399 Damages. Defendant files a motion for change of venue.

Order Book 45

Auburn Courier

Auburn Courier

May Term 1910 Page 62, October Term 1910 page 260

July 28, 1910

August 11, 1910

Potts, John S. Administrator of Estate of Edward Jennings

Mortimer, James D. Receiver of the Toledo and Chicago Interurban R. Co.

Case 8871 Damages. Page 260 Case continued.

Paper States: John S. Potts, Administrator for the estate of the late Edward Jennings today commenced action in the court against the T. & C. I. Demanding damages in the sum of $10,00 for the killing of Jr. Jennings near Auburn Junction August 28, 1909

Paper States: Attorneys W. L. Taylor, Indianapolis: W. A. Campbell and J. H. Rose, entered appearance for the defendants in the case of John S. Potts administrator of the estate of the late Edward Jennings, versus the receiver for the T. & C. I. Interurban Company.

Order Book 45

May Term 1910 Page 54

Public Library Board of the City of Auburn

City of Auburn

To vacate Alley. Court finds for the Plaintiff and petition is granted.

Order Book 45

May Term 1910 Page 104

R. Brand Co.

Summers, Thomas et al

Other defendants: Louisa Sommers and Zora F. Nolan

Case 8810 For Deed to be declared fraudulent and void. Court finds that the defendants are tenants by the entity is fraudulent and thee is due the Plaintiff $140.

Order Book 45

October Term 1910 Page 257, 302

Raber Lang Mfg. Co.

St. Joseph Valley R. R. Co

Case 8541 On Contract Motion for new trial. Page 302 Motion for new trial overruled and the defendant the St. Joseph Valley R. R. Co owes $1,200 and costs. Defendant appeal to the appellate Court and bond is fixed at $2,000

Order Book 45

October Term 1910 Page 274

Ragan, Mabel by her next friend Katie Ragan

Auburn Automobile Co.

Case 8965 Damages Court finds for the Plaintiff that is due from the defendant $25. and all costs.

Order Book 45

October Term 1910 Page 277, 279, 312

Real Estate ad Improvement Co of Baltimore City

Baird (Beard), Charles E. et al

Other Defendants: Florence Baird, Frank A. Hall, Charles Miller

Case 8956 Foreclosure of Mortgage. Page 279 Case continued. Page 312 Summons is issued to the Sheriff of Elkhart County for the defendants Charles E. Beard and Florence Beard.

In Recorder’s Office Deed Book 82 Page 419, 420 is a Sheriff

S Deed for this transaction. Defendants are Charles E. Beard, Florence Beard, Frank A. Hall and Charles Miller. Land sold to the Real Estate and Improvement Co of Baltimore.

Order Book 45

Microfilm Roll civ-01

October Term 1910 Page 313

Index Point 002361-002381

Real Estate and Improvement Co of Baltimore City

Beard, Perry W. et al

Other defendants: Emma Beard and Henry Bartells

Case 8957 Foreclosure of Mortgage Summons the Sheriff of Allen County for the defendants: Perry W. Beard and Emma Beard.

Case 8957

In Recorder’s Office Deed book 82 Pages 416 & 417 there is a Sheriff’s Deed for this transaction.

Order Book 45

Page 8, May Term 1910, October Term 1910 Page 175, 232, 233

Real Estate and Improvement Co of Baltimore City

Deving (Deviney), Frederick et al

Other Defendants: Zudah M. Charles M. Hall and wife, Deving, F. Hall & Amelia Hall

Case 8844 Foreclosure of Mortgage. Page 175 F. A. Hall ad Amelia Hall files answer in general denial. Pages 232, 233 All defendants in default except Frank and Amelia Hall. Court finds that Frederick S. Deving owes Plaintiff $2,779.93. This is secured by a mortgage. Mortgage to be foreclosed and sold.

In Recorder’s Office Deed Book 82 Page 154, 155 is the Sheriff’s Deed for this transaction.

Order Book 45

Microfilm Civ 01

October Term 1910 Page 271

Index Point 00283-002390

Real Estate and Improvement Co of Baltimore City

Hall, Frank H. et al

Other defendant: Alice Hall

Case 8959 Foreclose Mortgage.

Case 8959

In Recorder’s Office Deed Book 83 Page 292 there is a Sheriff’s Deed for this transaction. The court gave the Plaintiff the verdict on Lot 21 and lot 22 in Block 16 in Original Plat of the City of Garrett.

Order Book 45

Page 1, May Term 1910, October Term 1910 Page 181, 231, 293, 307

Real Estate and Improvement Co of Baltimore City

Hike, William et al

Other defendants Katherine Hike, Garrett Banking Co.

Foreclosure of Mortgage case 8843. Page 181 Page 231 Plaintiff files an amended complaint making Cyrus E. Galleton, George W. Iler? And Richard N. Miller as defendants. Page 293 Case continued. Page 307 Case continued.

In Recorder’s Office Deed Book 83 Page 20, there is a Sheriff’s Deed for this transaction on Lot 1 and the West half of Lot 2 in Block 64 in Keyser’s First Addition to the City of Garrett.

Order Book 45

October Term 1910 Page 279, 308, 309

Real Estate and Improvement Co of Baltimore City

Newman, Herman et al

Other Defendant: Wilhelmina Newman

Case 8955 Foreclosure of Mortgage Page 308 and 309 Court finds the defendants owe $910.45 to the Plaintiff. Mortgage to be foreclosed.

In Recorder’s Office Deed Book 82 Page 417, 418 there is a Sheriff’s Deed for this transaction.

Order Book 45

October Term 1910 Page 305

Real Estate and Improvement Co of Baltimore City

Rogers, Henry E. et al

Other defendants: Sophena Rogers

Case 8958 Foreclosure and Mortgage. Defendants are in default. Court finds for the Plaintiff in the amount of $782.02 Mortgage to be foreclosed.

Order Book 45

May Term 1910 Page 9, 84-86

Real Estate and Improvement Co of Baltimore City

Smith, Homer W. et al

Other Defendants Jennie A. Smith and Jennie Patterson

Case 8842 Foreclosure of Mortgage. Page 84-86 (only two lines on page 86) Jennie Patterson is filing a cross-complaint. Court finds plaintiff is due $1,118.19. Mortgage to be foreclosed and sold. There is due Jennie Patters $365.00

In the Recorder’s Office Deed Book 82 Pages 138, 139 is the Sheriff’s Deed for this transaction.

Recorder’s Office Deed Book 83

Page 532

Renneman, Charles F.

Harrison, John et al

Case 8789 Decree for the Plaintiff Charles F. Renneman and Laura B. Renneman are the owners of Lot 17 and the North 2/3 of Lot 16 in Block 33 in the Original Plat of the City of Garrett.

Order Book 45

October Term 1910 Page 238

Rhinesmith, George

Wabash R.R. Co.

Damages. Defendant files a motion for change of venue.

Auburn Courier

September 22, 1910

Rohrbaugh, Charles

Rohrbaugh, Thomas estate

Charles N. Rohrbaugh is plaintiff in an action brought against the Thomas Rohrbaugh estate for $345.

Order Book 45

October Term 1910 Page 230

Risenbery, Henry doing business under the name of Henry Risenbery Co.

Herrick, Daniel?

Case 8919 Account Defendant in default. Court finds for the plaintiff that defendant owes him $68.84.

Auburn Courier

December 8, 1910

Ritter, James

Mountz, Lydia

A case has been venued from the court of Justice Beehler of Garrett to Squire Green, in which James Ritter is the plaintiff and Lydia Mountz the defendant.

Judgment in the amount of $110 is demanded for rental of a hotel building. The case will be tried here on next Monday.

Order Book 45

Auburn Courier

October Term 1910 Page 172, 197

September 8, 1910

Robert Hixon Lumber Co.

Garrett Paper Mills

Case 8905 Mechanics Lien Receiver by attorney for Defendant appears and moves to dismiss cause because the same was commenced subsequent to appointment of the receiver. Page 197 Foreclosure of Mortgage.

Article on a Receiver appointed for Paper Mills.
Judge Best appointed William H. Anderson as receiver.

Order Book 45

October Term 1910 Page 211

Robert Lung Mfg. Co.

St. Joseph Valley R. R. Co

Case 8591 On Contract

Order Book 45

October Term 1910 Page 242, 256, 258, 260

Rodgers (Rogers), Sarah

Rodgers, Paulina J. N. C. Frank Yard guardian

Case 8764 Page 356 Case continued. Page 258 Case continued. Page 260 Case continued.

Order Book 45

Auburn Courier

Page 31 May Term 1910, Page 32

July 21, 1910

July 28, 1910

Ruggs, John

Baltimore and Ohio R.R. Co

Case 8524 Damages Page 32 Some of document missing because of the 1913 fire. Plaintiff asks the court to dismiss the cause.

Paper States:

The case of John Rugg vs. B. & O Railroad company, action for damages is on trial in the circuit court. The plaintiff is demanding judgment in the sum of $1,500.

Paper states

The trial of the case of John Rugg vs. the B. & O. railroad company, in which damages in the sum of $1,500 was asked for injuries received, took a sudden turn this afternoon which Judge Best, at the conclusion of the Plaintiff’s testimony, sustained a motion made by the defense that the jury be instructed to render a verdict for the defendant. The attorney for the plaintiff dismissed the case however, to preserve certain rights for their client.

Order Book 45

Microfilm Roll 415

Microfilm Civ. 01

October Term 1910 Page 177, 226, 250

Index Point 0667-0669

Index point 002150-002169

Savings Loan & Trust Co

Bishop, James et al

Other defendant: Laura H. Shutt

Case 8819 On Note Page 226 Case continued. Page 250 Case continued.

Year of 1910.

Case 8819

Order Book 45

May Term 1910 Page 67, 68, October Term 1910 Page 200

Saving Loan & Trust Co.

Morrison, Vern, et al

Other defendants: James W. Reed, James d. Myers ad A. W. Madden

Case 8880 Foreclosure of Chattel Mortgage. Vern Morrison, James W. Reed and James D. Myers are three times called and in default. Court case against all except Alpheus W. Madden. There is due from all except Defendant Madden $275. Plaintiff is free to foreclose on the Property secured by a chattel mortgage. Page 200 Case continued.

Order Book 45

Auburn Courier

Page 20, May Term 1910, October Term Page 190, 205

July 14, 1910

Schlatterback, Grover by William Ray his next friend

Baltimore and Ohio R. R.

Case 8852 Damages Page 190 Defendant ruled to answer on or before October 15, 1910 Page 205 Case continued.

Paper States: The acquittal of Grover Schlatterback and Thomas Foster, two Garrett young men who were tried in the DeKalb Court recently of the charge of petit larceny, has given rise to the filing of two damage suits against the Baltimore and Ohio railroad company.

The actions wee entered of record this afternoon., Each of the boys by their next friend are demanding judgments against the railroad company in the sum of $1,928. The defendant is charged with having, by its detectives and other representatives, falsely maliciously and without probable cause caused the arrest of these young met and the complaint further avers that they wee imprisoned I the DeKalb County jail for a period of fifty-two days.

Order Book 45

October Term 1910 Page 272

Seydell, Andrew et al

Baltimore and Ohio R. R. Co. et al

Other Plaintiff Mary Seydell, Other Defendants Baltimore and Southwestern R. R. C., Illinois Central R. R. Co.

Case 8658 Damages

Order Book 45

Auburn Courier

October Term 1910 Page 280

September 8, 1910

Sheffer, Almira Ex of William Sheffer Will

Hardy, Sidney G. et al

Other Defendants: Stella G. Hardy

Case 8903 Plaintiff dismisses the case at her costs.

A case has been filed in court entitled Almira Sheffer, executrix of the last will and testament of the late William Sheffer, versus Sidney G. hardy et al, The plaintiff demands the foreclosure of a mortgage and judgment in the amount of $475.

Order Book 45

October Term 1910 Page 183

Shinn, William C.

Krabill, Henry W.

Case 8888 Account Defendant in default. Court finds for the plaintiff that he is due 263 30 from Defendant.

Order Book 45

October Term 1910

Shoudel, George

Baker, John E. et al

Other defendants: Horace M. Baker, Beulah Baker, The John E. Baker Moss Co. Albert B. Smith

Case 8920

Order Book 45

October Term 1910 Page 278

Silberg, Mary J.

Silberg, Warren

Case 8938 To Mortgage. Defendant is the hospital for the Insane and cannot be produced in court. Charles S. Smith appointed as guardian ad litem. The plaintiff is in immediate necessity and is permitted to mortgage the R. E. in the sum of $500.

Order Book 45

October Term 1910 Page 171, 200, 202, 283, 291, 315

Smith, Albert B.

Garrett Paper Mills

Case 8905 for A Receiver Page 200 Case 8904 Noble County Bank files petition for certain personal property held by receiver. Page 202 Case continued. Page 283, Case 8904 Noble County bank asks leave to amend its petition. Page 291, 292 Property to be turned over to Hannah Breckridge Co? Page 315 The Interving petitioner files for a postponement of the sale of personal property until January 5, 1911.

Order Book 45

October Term 1910 Page 177

Smith, Leroy

Hamman, Adam

Case 8635 Cause is now dismissed

Order Book 45

? Page 186, October Term 1910 Page 201, 225

Stamets? Mildred

Stamets, Zenith et al

Other defendants; John E. Carper? Mary Cooper, City National Bank, Willis Rhoads, Cashier City National Bank

Case 8934 Injunction Page 201 Restraining order ordered continued. Page 225 Case 8946 Cause is dismissed by Plaintiff without liability on injunction bond.

Order Book 45

October Term 1910 Page 274, 275

State of Indiana ex rel Frank A. Lung

Brumbaugh, Jacob J. et al

Damages Case 8918 Page 275 Case 8917 Cause is dismissed by Plaintiff.

Order Book 45

May Term 1910 Page 108, 109

Stone, William

Clark, Levi et al

Case 8895 Quiet Title. Notice published in the Waterloo Press. Defendants in default. (part of document destroyed by the 1913 fire).

Order Book 45

October Term 1910 Page 261

Swanger, Thomas J.

Rose, Ensign B. et al

Other Defendants: Catharine Rose, Elmer P. Rose, Osmun B. Rose, Bessie Rose, Albert Swanger, Flossie Rose, Cassius Rose

To recover Judgment and declare a lien

Order Book 45

Auburn Courier

Page 29 May Term 1910, Page 57

July 28, 1910

Thomas, William A. et al

New Prague Flowering Mill et al

Other Plaintiff Allen Feagler doing business under the firm name and style of the Thomas Bakery Other Defendant: Auburn State Bank

Case 8870 Contract an damages. Plaintiff files notice of non-residency of the Defendant New Prague Flowering Mill. And notice published in the paper. Page 57 Cause is dismissed by Plaintiff at his costs.

Paper States:

The Thomas Baking Company has filed suite against the New Prague Flouring Mill Company asking for judgment in the amount of $54.

Order Book 45

October Term 1910 Page 235

Toledo Cooker Co Incorporated

Hatch, ? et al

Other defendant: Mountz, Mrs. Frank

Case 8900 On Account Defendant in default and the court finds that the Plaintiff is due $51.77 from the defendants.

Order Book 45

October Term 1910 Page 190

Town of Altoona

Toledo & Chicago Interurban R. R. Co.

Damages. Plaintiff dismisses cause at the defendant’s expense.

Auburn Courier

December 29, 1910

Trapp

Ricius

The first jury trail to be heard this term is that entitled Trapp vs. Ricius scheduled for January 3.

Order Book 45

Page 20 May Term 1910 , Page 25, 26

Trapp, John

Solomon Shelly et al

Case 8800 Quite Title Page 25, 26 Notice published in the local newspaper and defendants are in default. Court finds for the plaintiff.

Auburn Courier

October 27, 1910

Trapp, Mary

Smith, Mike

Paper States: After Justice of the peace A. P. Green heard a profusion of testimony in the case of Mary Trapp versus Mike Smith, a paternity suit, he found the case of sufficient strength to certify it to the Circuit court, placing the defendant under a bond of $3--. Mr. Smith furnished bond and was released from custody.

Miss Trapp, a native of Germany, who first set foot on American soil three years ago, brought action against Smith some time ago, preferring an ugly charge. The defendant entered a plea of guilty.

The plaintiff gave her testimony to the justice yesterday and her testimony was refuted by Smith and several of his friends. The Squire, however, bound hi over to the circuit court, where he will be tried later.

Order Book 45

Page 24 May Term 1910

Trapp, Adam A.

Trapp, Adam A

Trapp, John et al

Partition of R. E. case 8850 John Trapp is the executor of the last will and testament of Jacob Trapp (Will found in Will Book 4 pages 552, 553 Clerk’s Office)

Order Book 45

May Term 1910 Page 37, 98

Trittipos, Martha

Fee, Willard et al

Case 8776 Partition Commissioner Charles O’Borst ordered in the sum of $10,400 Sale of Real Estate ordered. Page 98 Real Estate sold to Hezekiah K. Leas for $5,210.

Order Book 45

May Term 1910 Page 74, 75

Trumpy, Dorothy by Charles Trumpy her next friend

Lake Shore and Michigan Southern R. R. Co.

Case 8892 For Damages. Plaintiff is an infant. Court finds for the Plaintiff that she is due $75. Petitioner states the infant does not have a guardian.

Order Book 45

May Term 1910 Page 73

Trumpy, Everett by Charles Trumpy his next friend

Lakeshore & Michigan Southern Railway Co.

Case 8891 Damages. Court finds for the Plaintiff that he is due $75 from the defendant. Everett is a minor under 21 years of age and has no guardian

Order Book 45

October Term 1910 Page 187, 188

Vaughn,. Almira L.

Haines, W. H. et al

Other Defendant: Rosa Haines

Case 8865 On Note & Mortgage Defendants notified by publishing in the paper. Court finds for the Plaintiff in the amount of $230. Mortgage to be foreclosed and sold.

In Recorder’s Office Deed Book 82 Page 343 is a Sheriff’s Deed for this transaction.

Order Book 45

October Term 1910 Page 300

Walley, William

Wiley, James A. et al

Other Defendants: Joseph R. Wiley, Christian H. Fetter, Burt Moughler

Case 8492 Damages. Motion for a new trial overruled and Plaintiff has 150 days to file a bill of exception.

Order Book 45

Auburn Courier

October Term 1910 Page 240

September 1, 1910

Wasson, Anna

Shilling, William et al

Other Defendant: Eli Conrad

Case 8898 Appeal for Justice of Peace.

Paper states: A case entitled Anna Watson vs. William Shilling has been filed in the circuit court, it having been appealed from the court of Justice Allen of Spencerville.

The plaintiff claims that defendant issued a check to him for payment of account and had not money in the bank. He therefore seeks to recover the amount of $35.

Order Book 45

May Term 1910 Page 24

Weaver, Joseph

Kennedy, John H. et al

Other defendant: Henry C. Laughan

Damages. Defendant files plea of Abatement.

Auburn Courier

July 21, 1910

Wells, Charles E.

Lemon, George F

Paper States:

George F. Lemon, until recently employed in this city, is defendant in attachment proceedings brought I the court of Justice A. P. Green today. Charles E. Wells of Steuben county is the plaintiff, Mr. Lemon is said to be in Chicago at present.

Order Book 45

Auburn Courier

Microfilm Roll Civ-01

May Term 1910 Page 69

July 14, 1910

September 25, 1910

Index Point 002235-002249

Western ? Newspaper Co.

Kist, Alfred A.

Chicago Newspaper Union

Case 8862 on Note. Plaintiff dismisses the case.

Paper States. Western Newspaper Union versus A. A. A. Kist and the Chicago Newspaper Union is the title of a new case filed in court today in which the plaintiff seeks to foreclose a mortgage on the Twelfth District Press printing office owned by Kist to satisfy an indebtedness of six hundred dollars alleged to be due the plaintiffs for paper.

Attorneys Link and Atkinson are preparing to bring suit against A.A. Kist in the circuit court, in which they will ask for the foreclosure of a mortgage o articles in the Twelfth District Press.

Case 8862

Auburn Courier

September 22, 1910

Weston Casket Co.

Hinkling, H. A.

H. A. Hinkling of Garrett is defendant in two civil actions brought in the circuit court. The Weston Casket Company has brought suite for $162.50 and the Embalming Supply Company has sued for $52.60.

Recorder’s Office Deed Book 78

Dated March 10, 1874 and Recorded Dec. 18, 1909

Wheeler, Almira

Proceedings of partition of Schuyler Wheeler

Wheeler, Lydia et al

Other Defendants Julia Wheeler, Commodore p. Wheeler, Columbia A. West, Fisher C. West and Julia Wheeler, guardian of Lydia Wheeler person of unsound mind.

This case is out of sequence and venue but added since it pertains to DeKalb County.

State of Indiana, Allen County the above are owners as tenants in common of and proceedings recorded on pages 914, 195, 196 of Order book V in the Allen County court. The deed is to Almira Wheeler and lands are described.

Order Book 45

October Term 1910 Page 170, 236

Wherledge, James A.

Baltimore and Ohio R. R. Co.

Case 8429? Damages. Page 236 Case continued.

Order Book 45

October Term 1910 Page 210

Wickmire, T. S.

Wabash R. R. Co.

Case 8597 Damage Defendant moves for a change of venue.