Clayton Co. District
Court
... a synopsis of cases heard in the May
& October 1855 sessions
~transcribed by S. Ferrall for Clayton Co.
IAGenWeb
Note: unless otherwise noted, the transcriber has no further
information on any of the cases.
At the bottom of the page are definitions some of the legal terms used.
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May 1855
Source: The Clayton County Herald, Friday morning, June 1, 1855
There was a large amount of business transacted at the District Court last week. The following is a synopsis of the cases.
We tender our thanks to Captain Read for his kindness in furnishing us the list of cases. It will be seen that the Court was not idle during the five days of the session. It adjourned late on Saturday evening, the Jurors having been dismissed the day before. Judge Wilson is certainly entitled to the thanks of our citizens for leaving his own court to take charge of many of the cases which Judge Murdock could not have attended to, thus relieving us of the burden of a jail full of prisoners for the next 6 months, and of continuing many cases which must have continued but for his timely arrival.
| State vs John White.
Indictment for murder. Verdict, Guilty of murder in the
Second Degree. Sentenced to ten years imprisonment at
labor in the Penitentiary, and to pay cost of
prosecution. State vs George Harold. Indictment for murder. Verdict, Guilty of murder in the Second Degree. Sentenced to ten years imprisonment in the Penitentiary, and to pay cost of prosecution. The conduct of this prisoner while in jail has been such as to the favorable consideration of the Court, and hopes of Executive clemency were held out to him. State vs Allen E. Wanzer. Keeping Gambling House. Dismissed by Prosecuting Attorney for the reason that indictment was found by improper Grand Jury. State vs Allen E. Wanzer. Selling Liquor by the Dram.. Dismissed by Prosecuting Attorney for the same reason as above. State vs Thomas Harding. Selling Liquor by the Dram.. Dismissed by Prosecuting Attorney for the same reason as above. State vs Jacob Steinhaus. Recognizance. No Indictment found by Grand Jury. State vs Thomas Wademan. Setting fire to a Barn. Continued at cost of Defendant. State vs William J. Wilson. Larceny. Plead not Guilty. Verdict Guilty and Jury fixed value of property stolen at $66,15. Sentenced to two years imprisonment in the Penitentiary and to pay the cost of prosecution. State vs Michael Bowman et. al. Recognizance. Dismissed by Grand Jury. Recognizance continued until next term. State vs Philander Slater. Recognizance. No Indictment found. State vs Edward Stacy and Jonas Stacy. Recognizance. Recognizance dismissed at the cost of the Prosecution. State vs John S. Lane. Recognizance. Recognizance dismissed at cost of Defendant. State vs David Fuller. Larceny. Stealing two horses. Jury found a verdict of Guilty, and fixed the value of the horses at $150. Motion for arrest of Judgment - motion sustained. Judgment arrested and verdict of Jury set aside. State vs Philip Chilson. Recognizance. Recogniznce dismissed. Case stricken from the Docket at the cost of the defendant. State vs A. Chrismas. Petty Larceny Discharged. No bill found by the Grand Jury. Moses Crawford vs Charles Abfeldt. Petition. Continued at Plaintiff's Cost. John Manderell vs Charles Abfeldt and Frederick Haelzel. Petition. Referred at last term. Henry Overbeck appointed a reference. James McGregor vs Alexander McGregor et. al. Petition. Venue changed to Dubuque county on account of Judge of this destrict having been counsel. Duncan McGregor vs James McGregor et. al. Petition for Partition. Venue changed for same reason as above. Order changing Venue set aside. Dismissed by Pl'ff at his cost. Samuel S. Philips vs Juliana Philips. Petition for Divorce. Decree granted as prayed for by Petitioner. John Q. Adams vs Henry Katenhusen. Attachment. Judgmet for Pl'ff for sum of $31.94 and cost. John Linton vs Henry Katenhusen. Attachment. Judgment for P'ff in the sum of $5.00. Andros & Linton vs Henry Katenhusen. Arrachment. Judgment for Plaintiff in the sum of $13.00 and cost. Sanford Carner vs Candis Cook. Relaxing Costs. Withdrawn at cost of defendant. Elizabeth Scott vs James E. Scott. Petition for Divorce. Decree granted as prayed for by Petitioner. Henry Buck vs William Schulte. Appeal. Settled by consent of Parties, by Pl'ff paying costs. H.F. McCloskey vs John H. Brown. Attachment. Default of Defendant. James M. Marsh vs William J. Wilson. Attachment. Leave granted to amend the Petition at the cost of the Pl'ff, and cause continued until next term. Mary L. Chenevert et. al. vs Thomas P. Burnett et. al. In Chancery. Change of Venue to Dubuque. State of Iowa by relation of Ludwig Brandenburger vs Joseph H. Venus. Issue to be joined within ten days. State of Iowa by relation of William Wartling vs Communia Working Men's League. Issue to be joined within ten days. |
Joseph Neit vs
James Crawford. Appeal. Appeal dismissed
at cost of appelant. Moses Hyde vs Samuel Woods. Writ of Error. Judgment of Justice reversed and remanded for new trial. Sarah Brooks vs Alvin Brooks. Petition for Divorce. Continued for publication. Wells & Christian vs Schuyler Harvy. Attachment. Default by defendant. Clerk to assess damages. Abel Allen vs Alexander Wandell. Replevin. Pl'ff withdraws his suit, each party paying his own costs. Abel Allen vs L. Sargeant Ex'r of Ebenezer Sargeant, dec'd. Petition. Default and Decree. B.B. & T.H. Harding vs Thomas C. Bowles. Appeal. Settled - each party paying his own costs. Dr. H.C. Ludwig vs Deidrick Benter. Appeal. Continued by consent at Plaintiff's cost. Philip Douse vs Thomas Webb. Petition for Injunction. Referred to arbitrators. Award of arbitrators filed and confirmed, and Judgment on the award. D.F. Olney vs J.N. Martin & James Lowe. Appeal. Continued until next erm at cost of defendant. Calvin Stevens vs Anna M. Stevens. Petition for Divorce. Default of defendant. Continued. Joseph A. Emerson vs Elizabeth Emerson. Petition for Divorce. Default by def't. Decree granted as payed for. N.H. Virgin vs A.D. Frazier. Petition. Default by def't. Clerk to assess Damages. Joseph A. Chaplin vs John Hansel. Petition. Continued by consent. Loramis S. Barret vs A.D. Frazier. Petition. Default by Def't. Clerk to assess damages. Merrill, Cowles & Co. vs John H. Brown. Attachment. Default by Def't. Clerk to assess damages. Motion to quash overrules. Exceptions by defendant. Cooley, Wadsworth & Co. vs John H. Brown. Attachment. Default by def't. Clerk to assess damages. Continued as Garnishees, and a change of venue ordered to Dubuque. Change of venue withdrawn. Garnishee process dismissed by plaintiff. Joseph C. Butler vs T.M. Espy. Petition. Default by def't. Clerk to assess damages. D. Diamond vs Jos. McSperren, John McCrum and J.B. Moreland. Petition. No service on Moreland. Demurrer to Petition. Demurrer taken under advisement, and Cause continued to be heard during vacation at a time to be agree upon by the parties. Jacob Thien vs Wayne Taylor. Appeal. The costs of the suit accruing before the settlement of the parties to be paid by the plaintiff. The other costs to be paid by the parties equally. John S. Lane vs Edward Stacy. Appeal. Judgment for Plaintiff for $1,25 and costs. Sophrina Schumacher vs Conrad Shumacher. Petition for divorce. Divorce granted - plaintiff allowed the custody of the minor child mentioned in Petition until further ordered by this court, and $100 per annum, payable quarterly for the support of said child; this allowance to continue so long as the child shall remain in her custody. Judgment against defendant for costs. Daniel Brown vs Thos. G. Drips. Petition. Judgment against Plaintiff. Clerk to make out the amount of Judgment. Each party to pay his own costs. State of Iowa in relation of Jacob Ponsar vs W.M. League. Petition. Issue to be joined in ten days. Ambrose Carner vs Philander Slater. Appeal. Continued. Costs to abide the event of the suit. John Kriesle vs Daniel E. Meyer. Adm'r of Estate of Frederick Geisler. Petition. Default, and a decree pro confesso ordered and granted. Joseph Wall vs Israel N. Martin and James Lowe. Petition. Continued at costs of defendant. Wm. L. Buhlman vs George Schmidt. Petition. Continued at cost of Pl'ff. School District No. 1, Jefferson Township vs John P. Kriebs. Petition. Default of Defendant. Judgment for Pl'ff. Clerk to assess. Philander Slater vs Ambrose Carner. Appeal, Continued. Robt. R. Read vs Whom it may concern.
Foreclosure of Tax Titles Order for Publication. |
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October 1855
Source: The Clayton County Herald, Friday, October 19, 1855
The attendance on court was small and the docket presented but few cases of public importance. The following is a synopsis of the cases disposed of, and what became of them:
| State vs Thomas
Wademan; Arson. Verdict of guilty. State vs Michael Bowman, et al; Recognizance, continued at cost of def't. State vs Christian Fox; selling liquor by the glass. Discontinued. State vs Schuyler Harvey; selling liquor by the glass. Verdict not guilty. State vs R.H. Powers; Fraud. Continued. State vs Henry Schuman and Henry Bitzenberg; Recognizance. Schuman plead guilty and fined $5. Non prosecution as to Bitzenberg. State vs Caleb Lane; recognizance. Dismissed at cost of defendant. State vs Harrison Boardman; assault with intent to murder. Continued, no service. J.M. Marsh vs Wm. Wilson; attachment, settled. Joseph A. Chapline vs John Hansel; Petition, certified to Dubuque, costs to abide event of suit. Moses Crawford vs Charles Abfeldt; Petition. Verdict for plaintiff, and motion for a new trial. Calvin Stevens vs Anna M. Stevens; divorce, continued. Sarah Brooks vs Alvin Brooks; divorce, continued. State in relation of Wm. Weitling vs Communia Working men's league; Petition, settled at cost of Relator. State in relation of Ludwig Brandenberg vs Joseph Venus; petition, settled at cost of relator. |
F.A. Olds vs
Jas. R. Short; Petition, discontinued. James B. Ballow vs Henry M.C. Ballow, Exr. of Albert G. Ballow, et al.; Petition, continued for publication. Charles Blanshar vs Albert F. Hurd; attachment, continued for publication. Benj. F. McVey vs Charles C. Coeagne; petition, 60 days given to answer, and continued, costs to abide event of suit. Robert Hansel vs Samuel Peck; Appeal, verdict for plaintiff and his damages assessed at $19.60; motion for new trial. B.B. Harding vs George Teeter; Writ of Error, attachment issued for justice to make returns, continued. Mina Sporlader vs Conrad Sporlader; Divorce; term to answer given. Baker Webster vs Daniel Brown; continued at cost of the defendant. Alexander McGregor vs Geo. D. McGregor; Trustee, &c, et al., petition for partition, order for service by publication as to two defendants. Milo Adams, assignee of Stockton & Barton, vs John Bemer, replevin, continued. Robert R. Read vs Thomas Dyer, Petition to forclose Tax titles, decree granted. Robert R. Read vs Joel P. Shaw; Petition to forclose Tax titles, decree granted. Jeremiah Friend vs Elizabeth Douglass; Petition to foreclose mortgage, discontinued at cost of plaintiff. Ebon Johnson vs Henry D. Evans; change of venue from Winneshiek county, continued. |
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DEFINITIONS of some of the terms used in these cases - more detailed explainations can be found by using your favorite internet search engine:
*Arrest of Judgment - defined as "the court's refusal to render a decision, or a postponement of its judgment, after a verdict has been reached" generally due to an error or defect in the record such that if the decision is made, it may result in the reversal of the judgment.
*Bill - a True Bill is the written decision of a Grand Jury that the accused has likely committed a crime and should be indicted.
*Chancery - a Chancery Court handles matters such as divorces, adoptions, custody disputes, land disputes and other matters involving equity. These cases can also be heard by Circuit Court.
*Costs to Abide Event - Costs incurred by a successful party who is entitled to an award of those costs incurred at the conclusion of the matter.
*Decree Pro Confesso - a ruling in favor of the complainant where the defendant did not appear and made no answer; the allegations are taken “as confessed.”
*Demurrer - a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party.
*Recognizance - defined as "an agreement made with a court of law to show up when told to" as in the phrase "released on his own recognizance"
*Replevin - defined as "an action or a writ issued to recover an item of personal property wrongfully taken. Sometimes known as 'claim and delivery', ie: a court requires a defendant to return specific goods to the plaintiff at the beginning of the action.
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