Friday, April 23, 2010

Small Appeal Cases and Divorce Suits

This article appeared in the Lucas County Notes and Shakin' the Family Tree - Volume 13 issue 3 - 3rd Quarter 2008

During the two terms of the court - May, 1851, and May, 1852 - there appears to have been very little business other than small appeal cases and divorce suites.  Samuel Payne appears, by the record, to have become weary, for some cause, of Julia Ann Payne, his spouse, who accompanied him to this new land of promise at an early day, and he applied to the court, at this term, to sever the marital bond and make them twain.  And the decree was entered and Samuel Payne was ordered to pay to his attorney, Wm. H. Brumfield, the sum of $12.50 for attorney's services in obtaining the divorce.  The court ordered the following in making the dissolution:  "The court makes no decree or disposition of the property of the parties; but, leaves that matter to be settled between themselves."
At the opening of the term of court on June 20, 1853, the grand jury indicted William McDermit, the first settler in Lucas County, for contempt of court and ordered him to come before the body.
McDermit being the first settler in the county, and for several years unaccustomed to the rules and restraints of court, probably considered his right and privilege superior to those of the court; and quite likely he maintained his view of the matter, as it no where occurs in the records that he was fined for any violation.
At this same term of court, an idictment was returned against Samuel Powers, Henry Powers and W. Mitchell for betting and against Nancy Byrd for selling spirituous liquors.

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