COURT CASES OF MICAIAH BENEDICT, J.P.
TOWN OF GERMAN FLATTS
HERKIMER COUNTY, N.Y.
Micaiah Benedict was a Justice of the Peace in the town of German Flatts, whose daughter Frances married
Richard Henry Richards of German Flatts, great uncle of Willis Rankins.
Justice Benedict's notebook of early court case notes was passed down to Willis, who'll be
transcribing them for us this winter. "There are many in this journal some short and others with jurors that are named. Micaiah had a farm on
the Shoemaker Rd. in the town of German Flatts. The Benedict cemetery is on that farm, and so he was really out
in the country and high on a hill." Quite a few of the plaintiffs, defendants, and jurors have been mentioned by
name on our queries boards.
Plft. = Plaintiff
Deft. = Defendant
Const. = Constable
Henry Orendorff, plaintiff vs. Michael Stauring, defendant
Mar. 13th 1844 Summons served by John A. Steel, const. fees. $.44
Action was for one third of produce raised on the farm of plaintiff,
consisting of oats, rye, barley, peas, buckweat, corn hay & potatoes. damages of $100. witnesses
for the plaintiff were Frederick Orendorff, Geo. H. Fox, Jacob Bellinger & Peter Stoup? For the
defendant were Frederick Crister, Henry Stauring, John McLaughlin, Jacob Stauring, Jacob Snell &
Apr. 8th 1844, judgement rendered against the defendant for $9.53 damages and $5.00
costs. Total $14.53.
This was a lot longer with a few adjournments along the way. This all
had to do with a lease of a farm owned by the plaintiff.
Marks Countryman vs. John Rothschild in Justices court
Feb. 24th 1838 Issued summons returnable March 2nd 1838
Feb. 24th 1838 Returned Jurors only served by Solomon Zoller const. Fees $.44
March 2nd parties appeared and joined issue. Plft. Declared in writing for fraud
against deft. In selling him a share in a silver mine ac. Damage $50. Deft. Pleads
the general issue in writing. Cause adjourned on Deft. motion in writing for want of
two witnesses - to the first day of May next at one o'clock P.M. at Justices office-Issued
subpoena for each of the parties.
May 1st Deft. appeared and Andrew Piper Jr. as attorney for Plft. And tried cause. Plft
demanded that the cause be tried by jury. Issued venire to Jacob Harwick Jr. const. Returnable
fourthwith. Venire returned by Jacob Harwick, Jr. const. The following jurors returned summoned,
did not appear, viz. Peter F. Orandorf, Wm Steel, Thos. L. Shoemaker, Burke S. Johnson,
Isaac Fake. The following jurors appeared. Viz. George Orendorf, David Bellinger, Joseph
Heath, Edward Rankins, Philander A. Paine, Benjamin Zoller, John P. Bellinger and the
following jurors were sworn. Viz. George Orendorf, David Bellinger, Joseph Heath, Edward
Rankins, Philander A. Paine and Benjamin Zoller. Witnesses sworn for the plaintiff Solomon
Zoller, Jacob Harwick Jr., Frederick Zoller and Abraham Baum.
May 1st 1838 Judgement of nonsuit rendered against the plaintiff for costs.
Judgement for costs $5.00
Execution issued Dec. 17th 1838 to Peter Rankins const. Returned with five dollars Dec. 19th
1838 by P. Rankins const.
Daniel D. Piper vs. Solomon Parmelee in Justices court
1838 26th March Issued summons returnable April 3rd at one P.M.
1838 27th March Personaly served by Peter Rankins const. Fees $.44
1838 3rd April Plaintiff appeared and presented a declaration in writing of
a plea of tresspass on the case for damages sustained by the deft.'s obstructing
the highway at Little Falls with stones on which the Plft. Horse was injured, damage $100.
The Plft. Also inserted a stipulation in writing signed by himself & Deft., by G.H. Feeter his atty.
For an adjournment of the cause to the 20th day of April at 12 o'clock at noon at Justices office-Issued
subpoena for the Plft- April 13th 1838 issued venire at Plaintiffs request on the day of adjounment- which
I delivered to Peter Rankins const. Returnable April 20th parties approve G.H. Feeter as atty for Deft.
pursuant to adjournment and tried cause, venire returned by Peter Rankins const. The Deft. objected to
the Justices jurisdiction in the above cause which was over ruled by me. The following jurors returned
summons, did not appear Jedadiah Paine, Simon Loomis and Peter Orendorf. The following jurors appeared
viz. Raymond Fairchild, Isaac Fake, Benjamin Zoller, Thos. A. Paine, Chester Paine, Abel Green, Burke
S. Johnson, Cyrus Crocker and Joseph C. Casler. The following jurors were sworn viz. Isaac Fake, Benjamin
Zoller, Thos. A. Paine, Chester Paine, Abel Green, Burke S. Johnson. Witnesses sworn the Plft. George
Miller Jr., Peter Vanvorst and Samuel W. Shepard, and for the Deft. Timothy B. Jervis, Robert Casler
and S.M. Richmond, the jury found a verdict in favor of the plaintiff for $50. Which verdict was
received 20th April.
1838 April 20th Judgment rendered against the Deft. for $50. Damages and $5. Costs. Judgment $55.00
an appeal to the court of common pleas of the above was served on me 9th May, returned May 12th.
To Be Continued.
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