Civil Court Records
Rush County Court No. 900
11158 May Term, 1916
John A. Gray et al
vs.
Abraham L. Gary
Affidavit for Change of Venue
Filed June 17, 1916
Cecil B. Collins,
Clerk Shelby Circuit Court
Filed June 10, 1916
Arie M. Taylor,
Clerk Rush Circuit Court
State of Indiana X IN THE RUSH CIRCUIT COURT
SS: X
County of Rush X May Term, 1916
John A. Gray
vs. Affidavit for change of venue
Abraham Lincoln Gary from the county.
John A. Gray, being first duly sworn upon his oath, says that he is the plaintiff in the above entitled cause of action, and the affiant says that he cannot have a fair and impartial trial of said cause in the said
county of Rush for the reasons following:
1. That the said defendant has an undue influence over the citizens of said county.
2. That an odium attaches to the plaintiff’s cause of action in the said county upon the account of local prejudice.
Wherefore your affiant prays the court that the venue of said cause of action be change from said Rush County to some other county of the State of Indiana, this 6th day of June, 1916.
Witness my hand and official seal of said date.
Signed: Geo. W. Goble,
Notary Public
My commission expires:
Sept. 8, 1919
-------------------------------------------------
11158
Statement of Fees
John A. Gray
vs.
Abraham L. Gary
Filed June 17, 1916
Cecil B. Collins,
Clerk Shelby Circuit Court
State of Indiana, Rush County,
SS: In Rush Circuit Court
John A. Gray
vs. No.
900
Abraham L. Gary
F.B. 1 Page 222
| Arie M. Taylor, Clerk | 1.40 |
| Change of venue (pd. by plaintiff) | 1.50 |
State of Indiana, County of Rush, SS:
I, Arie M. Taylor, Clerk of the Circuit Court within and for the County and State aforesaid, do hereby certify the above and foregoing to be a true and complete statement of all fees accrued in the above entitled cause to this date, as appears of record in my office.
Witness my hand and the seal of said Court, at Rushville, this 16th day of June 1916.
Signed: Arie M. Taylor,
Clerk Rush Circuit Court
-----------------------------------------------
11158
Transcript
Filed June 17, 1916
PLEAS
AND PROCEEDINGS before the Honorable Will M. Sparks, sole Judge of the Sixty-fifth Judicial Circuit
of the State of Indiana, and Judge of the Rush Circuit Court, at a term thereof, begun, held and continued at the
Court House in Rushville, Indiana, on Monday, the 1st day of May, 1916.
John A. Gray )
No. 900
)
Damages.
vs.
) Demand;
- $5000.00
)
Abraham Lincoln Gary )
BE
IT REMEMBERED, that heretofore, to-wit, on the 19th day of May, 1916, the same being the 17th judicial
day of May Term, 1916, the above named plaintiff, by his attorneys, Himelick, Frost, & Goble, filed in the
office of the Clerk of the Rush Circuit Court his complaint in said above entitled cause, which complaint is in
words and figures as follows, to-wit; -
(COMPLAINT HEREWITH TRANSMITTED)
AND
AFTERWARDS, to-wit, on the same day, comes the
defendant, A. L. Gary, in person, and waives the service of summons in
this cause.
AND
AFTERWARDS, to-wit, on the 1st day of June, 1916, the same being the 28th judicial day of the May Term,
1916, the following proceedings were had in the above entitled cause, to-wit; -
John A. Gray )
)
No. 900
vs.
)
Damages
)
Abraham Lincoln Gary )
Comes now the plaintiff, by counsel, and the defendant
is ruled to answer the complaint herein on or before June 5th, 1916.
AND
AFTERWARDS, to-wit, on the 3rd day of June, 1916, the same being the 30th judicial day of the May Term,
1916, the following further proceedings were had in the above entitled cause, to-wit;-
John A. Gray ) No.
900
vs.
)
Abraham L. Gary ) Damages
Comes now the defendant, by counsel, and files his
answer in general denial to the complaint herein, which answer is in words and figures as follows, to-wit;-
(Answer Transmitted)
AND
AFTERWARDS, to-wit, on the 10th day of June, 1916, the same being the 36th judicial day of the May
Term, 1916, the following further proceedings were had in the above entitled cause, to-wit;-
John A. Gray )
No. 900
vs. )
Damages
Abraham L. Gary )
Comes now the plaintiff, by counsel, and files his
affidavit and motion for change of venue of this cause from this County, which affidavit and motion is in words
and figures as follows, to-wit;-
(motion transmitted)
And said motion is submitted to the Court and the
Court being advised in regard thereto, sustains the same and grants such change. And this cause is sent to Shelby
County and five (5) days are given to perfect such change.
State of Indiana, Rush County, SS:
I, Arie M. Taylor, Clerk of the Circuit Court within
and for said county and State, do hereby certify that the above and foregoing is a full, true and complete transcript
of all the proceedings in the above entitled cause and that the papers transmitted therewith are the original papers
filed in said action as the same appear from the records and files of said Court now in my possession and custody.
WITNESS,
My hand and the seal of said Court at Rushville, Indiana, this 16th day of June, 1916.
Clerk of the Rush Circuit Court
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