Polk's Indiana State gazetteer and business directory, 1884-1885 Volume III, Part 4

Author: R.L. Polk & Co. cn
Publication date: 1884
Publisher: Indianapolis, Ind. : R.L. Polk & Co.
Number of Pages: 1260

USA > Indiana > Polk's Indiana State gazetteer and business directory, 1884-1885 Volume III > Part 4

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

LIST OF COUNTY SEATS AND COUNTY OFFICERS.

TIPPECANOE CO .-- Lafayette the county seat. Clerk, William C. Mitchell. Sheriff, Alfred F. Manning. Treasurer, John Starr. Auditor, Thomas J. Barnes. Surveyor, Samuel K. Richards. Record- David Bryan. Coroner, Samuel R. Sea- wright.

TIPTON CO .- Tipton the county seat. Clerk, Luther T. Bunch. Sheriff, John Leovell. Treasurer, Drury B. Vice. Auditor, Robert L. Porter. Recorder, Jesse Ault. Coroner, Joseph A. Sum- mers. Surveyor, Frederick R. Ramseyer.

UNION CO .- Liberty the county seat. Clerk, William O. Keffer. Sheriff, John L. Grove. Treasurer, David Brenizer. Auditor, Daniel T. Snyder. Recorder Corydon W. Smith. Coroner, Henry C, Peters. Surveyor, John J. Leonard.

VANDERBURGH CO .- Evansville the county seat. Clerk, Jesse W. Walker. Sheriff, Thomas Keith. Treasurer, John J. Hayes. Auditor, Charles F. Yaeger. Coroner, Elijah L. Carter. Surveyor, George W. Rank. Recorder, Charles T. Jenkins.

VERMILLION CO .- Newport the county seat. Clerk, Alfred R. Hopkins. Sheriff, William C. Myers. Treasurer, Henry O. Peters. Recorder, Cornelius S. Davis. Coroner, Thomas Brindley. Sur- veyor, Platt C. Anderson. Auditor, Elias Prichard.

VIGO CO .- Terre Haute the county seat. Clerk, Merrill N. Smith. Sheriff, John Cleary. Treasurer, Centenary A. Ray. Auditor, Andrew Grimes. Recorder, James N. Phillips. Coroner, Andrew Drought. Surveyor, Richard Strout.

WABASH CO .- Wabash the county seat. Clerk, Clarkson W. Weesner. Sheriff, Bossler Walter. Treasurer, Mordecai W. Coate.' Auditor, William Hazen. Recorder, Christian C. Mikesell. Coro- ner, Richard E. Flinn. Surveyor, Wil- liam S. Herrick.

WARREN CO .- Williamsport the county seat. Clerk, Henry C. Johnson. Sheriff, Joseph L. Stump. Treasurer, Frank C. Fleming. Coroner, Philip W. Lewis. Surveyor, Samuel Smith. Auditor, Wil- liam Moffitt. Recorder, Thomas J. Graves. WARRICK CO .- Boonville the county seat. Clerk, Robert D. C. Moore. Sheriff, James W. Campbell. Treasurer, John Stephenson. Auditor, Gustavus Schrei- ber. ' Recorder, Comodore Kelly. Coro- ner, George Bell. Surveyor, Otis P. Pas- coe.

WASHINGTON CO .- Salem the county seat. Clerk, James M. Taylor. Sheriff, Andrew J. McIntosh. Treasurer, Henry Streaker. Auditor, William G. Jamison. Recorder, Preston Bryan. Coroner, Wal- ker Paynter. Surveyor, William C. Mc- Coskey.

WAYNE CO .-- Richmond the county seat. Clerk, William H. Slater. Sheriff, Isaac Alexander Gorman. Treasurer, Peter P. Kirn. Auditor, Thaddeus W. O. Braf- fett. Recorder, James W. Wilson. Cor- oner, James E. Taylor. Surveyor, Addi- son H. Study.

WELLS CO .- Bluffton the county seat. Clerk, John H. Ormsby. Sheriff, Mar- cellas M. Justus. Treasurer, James P. Deam. Auditor, Naaman T. Miller. Re- corder, Erastus B. McDowell. Coroner, Warren W. McBride. Surveyor, Tay- lor W. Barton.

WHITE CO .-- Monticello the county seat, Clerk, Samuel P. Cowger. Sheriff, Joseph W. Stewart. Treasurer, Madison T. Did- lake. Recorder, James P. Simmons. Coroner, Robert J. Clark. Surveyor, Al- fred R. Orton. Auditor, Henry Van Voorst.

WHITLEY CO .- Columbia City the coun- ty seat. Clerk, James M. Harrison. Sher- iff, Franklin P. Allwein. Treasurer, Ol- iver P. Stewart. Auditor, Manfred D. Yontz. Recorder, Caspar W. Lamb. Coroner, Charles S. Williams. Surveyor, Herman A. Hartsock.

35 .

INDIANA COLLECTION LAWS.

1358804

INDIANA COLLECTION LAWS

Actions .-- Must be brought in the name of the real party, in interest. The distinction between actions at law and suits in equity is abolished, and a single form denominated a civil action is substi- tuted.

Arrest .-- No imprisonment for debt except in cases of fraud.

Attachment .-- May issue upon pro- per affidavit and bond when action is for the recovery of money in the following cases : (1) Where a defendant is a foreign corporation, or a non-resident of the State ; or, (2) Where a defendant is secretly leav- ing, or has left the State, with intent to de- fraud creditors ; or, (3) so conceals him- self that summons can not be served upon him; or, (4) is removing, or is about to re- move his property, subject to execution, or a material part thereof, out of the State, not leaving enough to satisfy plaintiff's claim; or, (5), has sold, conveyed or other- wise disposed of his property, subject to execution ; or suffered, or permitted to be sold, with the fraudulent intent to cheat, hinder or delay his creditors; or, (6) is about to sell, convey or otherwise dispose of his property, subject to execution, with such intent. But no attachment shall issue where the plaintiff and principal defendant are both non-residents, and the money sought to be reached is the personal earn- ings or wages due or owing to the princi- pal defendant from any person or corpora- tion doing business in the State.

Chattel Mortgage .-- Wheremort- gager retains possession, must be recorded within 10 days in Recorder's office of county where mortgager resides, to be valid.

Commercial Paper .- See Notes and Bills

Corporations .-- Are organized un- der general laws. The only personal lia- bility of stockholders of manufacturing and mining corporations is to pay the amount of stock subscribed by them re- spectively, except that such stockholders are individually liable for all debts due and owing laborers, servants, apprentices and employes for services rendered such corporations. (Laws Special Session 1875, p. 29.) By Act of March 13, 1877, it is provided that the employes of any corco- ration doing business in this State, whether organized under the laws of the State or otherwise, shall be entitled to have a lien upon the corporate property and earnings of such corporation for all work and labor done therefor. Said lien to be prior to any

and all liens created or acquired subse- quent to the date of such employment, except that when any person, other than an employe, shall acquire a lien upon the corporate property, and such lien shall re- main a matter of record for 60 days in any county in this State where such corpora- tion is located or doing business, and no lien shall have been acquired by any em- ploye of such corporation during that period, then such lien shall have priority over the lien of the employes, also, except any lien for purchase money. To acquire such lien the employe must have a notice of his intention to hold it recorded in the Recorder's office of the county where the corporation is located or doing business. The lien must be enforced within 6 months after acquiring it, or if a credit is given, from expiration of credit. (Law Special Session 1877, p. 27.)

Dower .- Tenancies by the courtesy and in dower are abolished. If a husband die testate or intestate, leaving a widow, one-third of his real estate shall descend to her in fee simple, free from all demands of creditors. Provided, That where the real estate exceeds in value $10,000, the widow shall have one-fourth only, and where it ex- ceeds in value $20,000, one-fifth only as against the creditors. If a wife die, testate or intestate, leaving a widower, one- third of her real estate shall descend to him, subject, however, to its' proportion of the debts of the wife contracted before marriage. By the act of March 11th, 1875, it is provided that the wife shall be entitled to one-third in fee simple of real property owned by the husband and sold at judicial sales on judgment rendered after the taking effect of said act (August 25, 1875), where it is not ordered in said judgment that her interests shall be sold or barred, whenever the title to such real property shall become vested in the pur- chaser, his heirs or assigns, by virtue of such sales, except that when such sale or sales amount to more than $20,000, she shall only be entitled to such interests in . $20,000 of the same.

Evidence .- Parties in interest of equal competency with other witnesses ; husband and wife can not testify for or against each other. Confidential commu- nications to lawyers, physicians and minis- ters, made to them in their professional character, are privileged.

Execution. -- Lien on personal property, within the county, from the time

. 36

INDIANA COLLECTION LAWS.

of going into hands of officer, if several are out at the same time in hands of differ- ent officers, first levied has preference ; and all liens created by the prior delivery of any other execution shall be divested in favor of execution first levied.

Exemption. -- $600 to resident householders, of any property they may select. The forgoing provisions . only ap- plies to debts founded on contract, ex- pressed or implied, entered into since about May 30, 1879, and does not affect any laborer's or mechanic's lien, nor lien for the purchase money of the real estate exempted. Upon contracts entered into before said date, there is only an exemp- tion of $300. (As to exemptions in favor of married women, see Married Women.)

Foreign Corporations-Agents of corporations not incorporated or organ- ized in this State before entering upon the duties of their agency in the State, shall deposit in the Clerk's office of the county where they propose doing business therefor, the power of attorney, commission, appoint- ment, or other authority under or by virtue of which they act as agents. Said agents shall procure from such corporations, and file with the Clerk of the Circuit Court of the county where they propose doing busi- ness before commencing the duties thereof, a duly authenticated order, resolution, or other sufficient authority of the Board of Directors, or managers of such corporations, authorizing the citizens or residents of this State, having a claim or demand against such corporations arising out of any trans- action in this State with such agents, to sue for and maintain an action in respect to the same in any court of this State of competent jurisdiction, and further author- izing service of process in such action on such agent, to be valid service on such cor- poration, and that such service shall au- thorize judgment and all other proceedings against such corporation. Such foreign corporations shall not enforce in any courts of this State any contracts made by their agents, or persons assuming to act as their agents, before a compliance by such agents, or persons acting as such, with the fore- going provisions of law. Any person act- ing as agent of such corporations, neglect- ing or refusing to comply with the forego- ing provisions as to agents, shall, upon pre- sentment or indictment, be fined in any sum not less than fifty dollars. The foregoing provisions do not apply to persons acting as · agents for foreign corporations for a special or temporary purpose, or for purposes not within the ordinary business of such cor- porations. The Supreme Court of this State has decided that the foregoing pro- visions of law do not apply to foreign cor- porations, or their agents, engaged wholly in the manufacture, use, or sale of patented articles in this State.

Foreign Insurance Compa- nies-Are prohibited from doing busi-

ness in this State until they get a permit from the Auditor of State. Contracts made by such companies in this State, before they obtain such permit, are void.

Garnishment .- If at a time, or be- fore or after, an order or attachment issues, plaintiff, or some one in his behalf, shall file an affidavit that he has good reason to believe that any person [naming him] has property of the defendant in his possession, or under his control, which officer can not attach, or that such person is indebted to defendant, or has the control or agency of any property, moneys, credits or effects of defendant, a writ of garnishment shall is- sue against such person, and he shall be ac- countable to plaintiff for the amount of money, property or credits in his hands, or due from him to defendant from the time of service of the summons in garnishment, except that the wages of all persons in the employ of any person or corporation shall be exempt from garnishment and proceed- ings supplemental to execution in the hands of such person or corporation so long as such employe remains in such em- ployment, not exceeding one month's wages at any one time.

Grace, Days of .-- All commercial paper payable in this State is entitled to three days of grace, except when the third day falls on a holiday, the paper matures the day before.

Holidays .- Sundays, January 1st, July 4th, December 25th, and any day ap- pointed or recommended by the President of the United States, or Governor of this State, as a day of public fast or thanksgiv- ing, shall be holidays within this State for all purposes of presenting for payment or acceptance for the maturity, protest and giving notice of the dishonor of all com- mercial paper, and all such paper falling due or maturing on either of said days shall be deemed as having matured on the day previous.

Interest .- By recent act, interest, in absence of contract as to same, is to be six per cent. Parties may agree in writing upon rate, but not exceed eight per cent. If higher rate than eight per cent. be charged, excess over six per cent. void and recoverable. Future judgments bear six per cent. interest, unless contracts upon which judgment was recovered bear lower rate than the same rate. These rates apply to new contracts. The provisions relating to contracts made before the present act are as follows: Six per cent .; ten per cent. valid on written agreement and may be taken in advance. Contracts for more than ten per cent., usurious only as to excess. Judgments on contracts made since the 5th of February, 1873, bear the same rate of in- terest up to ten per cent., as contracts bore at the time of rendition; but when no rate is expressed in such contract, or a greater rate than ten per cent., such judgment shall bear interest at the rate of six per cent.

INDIANA COLLECTION LAWS.

Judgments .-- Of Circuit and Su- perior Courts, and transcripts of judg- ments from Justices, filed in County Clerk's office, lien upon real estate within the county, with or without the issue of execu- tion, ten years; but execution may be had after that time upon motion and affidavit and proper notice to adverse party.

Jurisdiction .- Justice's Courts $200 and under. Circuit and Superior Courts in all amounts, but on contracts plaintiff must recover $50 or over to cover costs.

Limitations .- Accounts and un- written contracts six years; contracts in writing, judgments of courts of record and for the recovery of the possession of real estate, 20 years.

Married Women .-- May dispose of separate personal property as if sole own- er, and may carry on business and enter into contract with respect thereto; can not sell her real estate or dispose of same ex- cept on lease not exceeding three years, or a mortgage to secure the purchase money, unless her husband shall join therein ; can make contract to improve her separate real estate. When liable her separate estate, both real and personal, may be taken on execution, but her wearing apparel and articles of adornment purchased by her not exceeding $200 in value, all presents to her of jewelry, ornaments, books, works of art, and other effects for personal or household use and other property [other than for purchase money thereof] to the amount of $300 shall be exempt from execution. She can not encumber her separate estate acquired by descent, devise or gift as a security for the debt or liability of any person whatsoever.

Minors .-- Not liable on their con- tracts, except for necessaries supplied for their support and education.

Notes and Bills. - Promissory notes, payable to order or bearer, at a bank in this State, and bills of exchange, are governed by the Law Merchant. Promis- sory notes, not payable at a bank, subject to any defense or setoff maker may have against payee, or any subsequent holder, accruing before notice of assignment. On last named notes [not payable in bank] maker must be exhausted before endorser can be sued. Protest not necessary to hold endorsers of such notes, but to hold them maker must be sued at first term of court after maturity, unless he is shown to have been insolvent at time of such maturity.

Partnerships .- Are general or limited. In a general partnership each member [except married women and min- ors] is jointly and severally liable for all the debts of the firm. Limited partner- ships, for the transaction of mercantile, mechanical or manufacturing [but not banking or insurance] business may be formed by one or more general partners and one or more special partners. The special partners shall contribute to the

common stock a specified sum in cash, and shall not be liable for any debts of the partnership, except for some violation of their rights and duties as special partners. No such partnership shall be deemed to have been formed until all the partners shall sign, acknowledge and have recorded in the Recorder's office of the county where their principal place of business is located a certificate containing the name or firm under which such partnership is to be con- ducted, the full name and residence of all general and special partners, amount of capital contributed by each special partner, the general nature of their business, and when the partnership is to commence and terminate. A copy of said certificate shall be published for six successive weeks im- mediately after such registry in a news- paper published in said county, but if no paper is published in said county, then in a newspaper in this State nearest thereto ; and if such publication is not made, the partnership shall be deemed general. The business shall be conducted by and in the name of the general partners; and if the special partners take part in or allow their names to be used in the business, they be- come liable as general partners. The capi- tal stock shall not be reduced during the continuance of the partnership.

Redemption .- Real estate sold on execution or decree may be redeemed with- in one year from date of sale by payment of amount for which it was sold, with ten per cent. thereon from date of sale.

Registry Laws .- Deeds and mort- gages of real estate must be recorded within 45 days. If not so recorded, good as be- tween parties thereto, but not as against innocent parties acquiring interest after their execution, and before the actual re- cording thereof.

Statute of Frauds .- No action shall be brought in any of the following cases : (1) To charge an executor or ad- ministrator upon any special promise, to answer damages out of his own estate; or, (2) to charge any person upon any special promise, to answer for the debt, default, or miscarriage of another ; or, (3) to charge any person upon any agreement or promise made in consideration of marriage; or, (4) upon any contract for the sale of lands ; or, (5) upon any agreement that is not to be performed within one year from the making thereof, unless the promise,contract or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully au- thorized, excepting leases not exceeding three years. The consideration need not be expressed therein. Part performance of such agreements takes them out of opera- tion of the statute. No action shall be maintained to charge any person by reason of any representation made concerning the

INDIANA COLLECTION LAWS.

character, conduct, credit, ability, trade or dealings of any other person, unless the same is in writing, and signed by the party to be charged. No contract for the sale of goods for the price of $50 or more shall be valid, unless the purchaser shall receive part of such property, or give something in earnest to bind the bargain or in part pay- ment, unless some note or memorandum thereof is in writing and signed by the party to be charged.

Stay of Execution .- May be had by giving one or more sufficient free- hold sureties ; in higher courts, 30 days on judgments of $6 or under; over $6 and not exceeding $12, 60 days; over $12 and not

exceeding $20, 90 days; and up to $40, 120 days; over $40 and up to $100, 150 days ; 180 days in all sums over $100. In Jus- tice's Courts substantially same, except that 180 days are given on all sums over $75.

Valuation and Appraise- ment Laws .- Contract waiving re- lief front, are valid, and judgments are rendered thereon to be so enforced.

Voluntary Assignments. - Any debtor or debtors in embarrassed or failing circumstances may make a general assignment of all his or their property, in trust for the benefit of his or their bona fide creditors.

RECEIVED TOO LATE FOR REGULAR INSERTION.

INDIANAPOLIS.

Branham & Co, Successors to Cobb & Branham, Wholesale and Retail Deal- ers in all kinds of Coal and Coke; Prin- cipal Office, 50 N Delaware; Yards, 140 S Alabama and 442 to 458 E Ohio. (See adv, in Coal Miners.)

Helm Joseph, grocer, 265 E Washington. Knight & Jillson, Steam and Gas Fitters' Supplies, 75 and 77 S Penn. (See adv, opp page 1088.)

Laycock CF & Co, Contractors and Builders, 74 S Penn. (See adv, top lines Classified.)

McGettigan B M, coal and coke, 6? W Maryland.

Noelke Frederick, Mnfr of Iron

Fencing, Gratings, Verandas, Jail and Court House Work, 212 to 224 S Penn. (See adv, opp page 988.)

Rauh E & Sons, Dealers in Tallow, Wool, Grease, Bones, Tankage Cracklins, and Rauh's Champion Phosphate, etc, 312 E 3d, Dayton, O; 219 S Penn.

Weinberger H & Co, Wholesale and Retail Dealers in Pure California Wines and Brandies, 10, 12 and 14 W Louisiana. (See adv, page 1138, and em- bossed line front cover.)

Woerner Theodore, grocer, 512 N Missis- sippi.

Zschech G H, Mnfr of the Feed Wa- ter Heater and Purifier, Saw Mill Ma- chinery of all kinds, 180 to 190 S Penn.

THE

INDIANA STATE GAZETTEER

AND

BUSINESS DIRECTORY

FOR

1884-85.

In the following section of the work, the cities, villages and post-offices of Indiana are arranged in alphabetical order, and a description is given of each place, with an alphabetical list of all persons doing business therein. In all the larger places the names have been procured by personal canvass, but in the smaller, they have been furnished by postmasters. Great care has been taken to insure correctness, as well as completeness.

AARON. Settled in 1870 ; is located · in Pleasant township, Switzerland county, 12 miles northwest of Vevay, the county seat and shipping point. The village con- tains 60 inhabitants, a Methodist church and one saw mill. C G Adams, postmaster. Adams C G, General Store. Adams A C Jr, harnessmkr. Buchanan H H, cabinetmkr.

Johnson Abraham, carpenter. Johnson S R, saw mill. Miles Jeffrey, blacksmith. Smith G W, carpenter.

Smith I M & Son, Saw and Corn Mill.

Thieband C O, express agt.

ABINGTON. Located on east fork of White River, in township of same name, Wayne county, 9 miles southwest of Rich- mond, the county seat, usual place of ship- ment and banking town. Daily stage to Liberty ; fare, 50c ; and Richmond, fare, 50c. Benjamin J Hunt, postmaster. Duke J A, shoemkr. Dye Elijah, broom mnfr. Dye John, hotel. Dye J S, grocer. Greene G W, patternmkr. Greene & Roby, iron fence mnfrs. Gubele Harrison, physician. Haynes J N, carpenter. Holler Gabriel, carpenter.

Hunt Benjamin J, Township Trus-

tee.

Karch Abraham, flour mill.

Mitchell Moses, blacksmith. Picket J, wagonmkr.

Robbins J F, justice of the peace.

Shimer Bent, General Store.

Stephens Thomas B, blacksmith. Swallow James E, physician.

Weber Bros, painters. Weber Harrison, painter. Weber Wm, furs, etc.

Williams Jasper, barber and restaurant. Williams John, blacksmith.

Woodyard & Stevens, saw mill.

Wyrick & Davis, stone masons.

ABOITE. Is a station on the W St L & P Ry, in Lafayette township, Allen county, 11 miles southwest of Fort Wayne, the county seat and banking town. It has a population of 36. Jacob Hill, postmaster, grocer and R R agt.

ACADEMY. Known formerly as Academic, derives its name from the Acad- emy of Our Lady of the Sacred Heart, a most excellent college, conducted by the Sisters of the Holy Cross. This institution has gained a reputation for being first-class in all its branches, and while this is a fore- gone fact, its prices are as low as can be found in similar colleges of lesser note.

C. BRADFORD, 6

SOLICITOR OF PATENTS, INDIANAPOLIS, IND. Especial attention paid to complicated and difficult cases, Reis- sues, Interferences, etc. References given if desired. noCall or write for information. (See adv.)

MINI UKN & MINIUKN 3/ TO 33 SENTINEL BLDG; INDIANAPOLIS ; IND.

WOOD PHOTO ENGRAVERS

(See adv., pages 405 and 407.)

82 ACM

INDIANA STATE GAZETTEER AIN

The village contains 50 inhabitants, and is situated in Washington township, Allen county, on the L S & M S R R, only 6 miles north of Fort Wayne. Levi Bowser, postmaster.

Academy of Our Lady of the Sacred Heart. (See Adv.) Bowser Levi, Grocer and R R Agt. Dnodick August, saw mill. Solliday John A, justice of the peace. Strong Cleaveland, carpenter.

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Polk's Indiana State gazetteer and business directory, 1884-1885 Volume III, Part 4

Author: R.L. Polk & Co. cn Publication date: 1884 Publisher: Indianapolis, Ind. : R.L. Polk & Co. Number of Pages: 1260

Author: R.L. Polk & Co. cn
Publication date: 1884
Publisher: Indianapolis, Ind. : R.L. Polk & Co.
Number of Pages: 1260