Allegan County, Michigan - Chapter 15: Eakly Cottbts, 1880

Chapter 15: Eakly Cottbts

Allegan County Probate Court - First Letters of Administration - The first Circuit in Allegan County - First Day's Record - Second Day's Record - First Grand Jury - First Petit Jury - First Admission of an Attorney - First Bill in Chancery - Judge Ransom - Other Judges - Allegan County Court - Attorneys admitted or having practiced in Allegan County - FirstCircuit in Barry County - Copy of the Record - First Grand Jury in Barry County - First Petit Jury - The Circuit Judges - Barry County Court - Attorneys admitted in the County.

Probate Court

Th^ first session of a court held in this county was held by Oka Town, judge of probate. The first business transacted was the granting of letters of administration to Sophia Sherwood, as administratrix upon the estate of Libbeus Sherwood, with instructions to make an inventory of the estate and exhibit the same to the register of probate at or before the 28th day of March following. These letters were granted on the 25th day of December, 1835. On the 28th of the same month, Sophia Sherwood, Royal Sherwood, and Hull Sherwood entered into bonds to the judge of probate, in the sum of four thousand dollars, for the faithful performance of her duties as administratrix by the first-named person. On the 25th day of January, 1836, Judge Town appointed Silas Dunham, Eber Sherwood, and Hull Sherwood appraisers of the estate, which, according to the inventory made by them, amounted to four thousand one hundred and fifty-two dollars and eleven cents.

The business of the estate was not closed until 1837, under the administration of Ebenezer Parkhurst, the second judge of probate of Allegan County.

The Circuit Court And Its Judges

THE CIRCUIT COURT AND ITS JUDGES. The first Circuit Court for Allegan County was held in November, 1836. The following, from the records, will show its proceedings on the first day :

House in Allegan, within and for the County of Allegan, on the 2nd Monday after the 4th Monday of October, being the 7th day of November, in the year of our Lord one thousand eight hundred and thirty-six, neither of the judges of said Circuit Court having attended on said day, being the first day of the said term ; John L. Shearer, the Sheriff of said County, adjourned the said court to to-morrow morning at ten o'clk before noon ; pursuant to the Statute in such case made and provided.

"At a session of the circuit Court of the 3d Circuit of Michigan, ivithin and for the County of Allegan, holden pursuant to adjournment on the 8th day of November, 1836, were present: Hon. Epaphroditus Ransom, Circuit Judge ; Elisha Ely, John Anderson, Associate Judges. The Grand Jurors being called by the Clerk, the following persons appeared and answered to their names, viz. : Thomas H. Thomas, Silas F. Littlejohn, Elias Streeter, Milo Winslow, Ebenezer Parkhurst, Eber Sherwood, James Preston, William Finn, Dahartus Willard, Royal Sherwood, James Hawks, Martin W. Rowe, Chandler Hollister, Hiram Sablns, William Dibble, Samuel Weeks, Lloyd Fitzgerald, James Bracelln, and Alfred Mann.

"The Grand Jury, after being sworn and having received their charge from the Court, retired, under the charge of Hiram Bassett, to consider the business before them.

" The Petit Jurors being called, the following persons appeared and answered -to their names, viz. ; L. Wilcox, John Sweazey, David D. Davis, Philip Davis, Jason Torry, Alanson Weeks, Isaac Dexter, George Hollister, Benjamin Foster, William R. Jenner, James Nelson, Orsamus Eaton, Aldrich Atwater, Corydon Eaton, Daniel Bracelin, James MoCormick, Seneca Peak, John Peabody, and Joseph Rogers.

" George Y. Warner made application to the court to be admitted as an Attorney and Counselor-at-law, and having produced satisfactory evidence to the Court that he has been regularly admitted as an Attorney and Counselor-at-Law in a Court of Record in the States of Tennessee, Georgia, and Virginia, and has been in the practice of law in said States during the period of two years previous to his application for admission, that he is of good character, and has sustained the character of an able and fair practitioner, and that he actually resides in this State, was admitted to an examination, and the said applicant having been examined by the Judges of said court, and, on such examination had, the said Judges being of opinion that he is qualified and is of good moral character, it is ordered that he take and subscribe the oath of office, and that the clerk of this. court record the admission of said George T. Warner. Whereupon the said George T. Warner appeared in Court and took and subscribed the oath prescribed by Law.

" The Grand Jury came into Court and announced that no business had been submitted to them, and that none had come to their knowledge requiring their consideration, thereupon they were discharged from further attendance upon this Court, and it appearing that there was no business for the Petit Jury they were discharged by the Court."

At the May term of this court, in 1837, the grand jury for the first time presented to the court sundry indictments for minor infractions of the law. At the Novemher term of the same year " George Y. Warner was appointed prosecuting attorney during the present term of court."

The first bill in chancery was filed Sept. 29, 1849, by Johnson & Higley, solicitors for the plaintiff in the case of Bela Turner vs. Michael Spencer et al. An order to take the bill as confessed was entered Jan. 9, 1850.

Hon. Epaphroditus Ransom, who held all the early circuits in Allegan County, was a native of Hampshire Co., Mass. He graduated at the Northampton law-school in 1825, removed to Michigan about 1833, and was admitted to the bar at Kalamazoo in 1834. In 1836 he was appointed to the bench of the Supreme Court, and became chief justice in 1843. In 1848 here signed to accept the oflBce of Governor of the State.

He was succeeded in this circuit by the Hon. Charles W. Whipple, who presided, for the first time in this county, at the May term, 1849. His last term here was held in October, 1851.

Upon the organization of the Ninth Judicial Circuit, the Hon. Flavins J. Littlejohn was elected to the position of circuit judge. He first presided at the July term, 1858. He was re-elected for a full term in 1863, and served till the summer of 1869, when he resigned. Hon. Charles R. Brown succeeded Judge Littlejohn, serving the remainder of that term, and being re-elected in 1870.

Upon the organization of the Twentieth Circuit, in 1873, Hon. John W. Stone was elected its first judge, in April of that year, but resigned Nov. 1, 1874. He was succeeded by Hon. Dan. J. Arnold, who was appointed Nov. 5, 1 874, and was elected Nov. 5, 1875, for a full term. He still occupies the bench.

The old county courts were abolished in April, 1833, the circuit courts of the Territory of Michigan taking their business and jurisdiction. It was re-established in 1846, with one county judge and a second judge, who officiated in the absence of the former.

The first session held in the county of Allegan was after the re establishment, and was held April 5, 1847, by Hon. Henry H. Booth, county judge, in the Methodist chapel (then occupied as a court-room) in the village of Allegan. No business was brought before the court at this session, and it was adjourned without day.

The first official act of Judge Booth was the appointment, on the 10th of April, 1847, of E. Bourne Bassett as county clerk, in place of N. Manson, Jr., deceased.

During the continuance of the county courts. Judges Henry H. Booth and Abram J. Dedrick presided over that of Allegan County. Those courts were finally abolished in 1853.

We close these remarks on the courts of Allegan County with a list of attorneys and counselors admitted to practice in that county (with date of admission) or residing and practicing there. Those with no dates attached to names were not admitted here :

Early Courts

" At u session of the Circuit Court, holden at tlie Court-House in the village of Hastings, in and for the County of Barry, on the 6th of May, in the year of our Lord one thousand eight hundred and forty. Present, Epaphroditus Ransom, Circuit Judge; Isaac Otis and Nathan Barlow, Associate Judges."

After the court had been duly opened by the sheriff, the grand jury was called, and the following persons appeared and were sworn : John W. Bradley, Nelson Coman, Charles W. Spaulding, George Brown, John I. Nichols, Samuel Case, Cleveland Ellis, Lorenzo Mudge, Israel H. Cooper, Phineas Coe, Nelson N. Sprague, Jared S. Rogers, Orris Barnum, Frederick Ingram, Samuel WoUotson, Calvin G. Hill, Charles Paul, Stephen Collier, and Hiram F. Merrill. They retired after receiving the charge of the court.

Three appealed cases were decided by the court. In two of them judgments were entered in favor of the respective plaintiffs, while one was decided in favor of the defendant, and one case was continued by consent of both parties.

The first case in which a petit jury was called was that of John Patten vs. Lawrence Van De Walker, in which the following persons were sworn as petit jurors : Demie Bennett, Hiram J. Kenfield, John Hangun, George Fuller, Anson Seely, William B. Shorod, William M. Paul, Mager Mott, Albert C. Hill, Rufus Cowles, Estus Rich, and Charles V. Patrick. The jury, having heard the testimony and received the charge of the court, and having retired and duly deliberated thereon, returned into court and rendered a verdict in favor of the defendant.

There being no further business before the petit jury, it was discharged. The grand jury came into court and presented sundry indictments, and was also discharged. The record of the court was read, corrected, and signed in open court on the 6th day of May, 1840, by Hon. Epaphroditus Ransom, presiding judge. Judge Ransom held his last term of court in Barry County in April, 1847.

The next circuit judge who held court in Barry County was the Hon. George Martin. He was elected on the 7th of April, 1851, and presided for the first time in this county at the August term of that year. He served a full term, holding his last session here in October, 1857.

The Hon. Louis S. Lovell succeeded Judge Martin, being elected on the 6th of April, 1857, and holding his first session in this county in February, 1858. He was re-elected in April, 1863, and again in April, 1869, holding his last term of court in Barry County in April, 1871.

The Hon. Birney Hoyt became the successor of Judge Lovell, being elected in April, 1871, to fill out the unexpired term of that magistrate. His first session here was held in May of that year. He was re-elected for a full term in April, 1875, and held his last court in this county in February, 1877. During this year a change was made in the judicial districts, after which Philip T. Van Tile presided over the circuits of this county, holding his first term in May, 1877. He resigned April 1, 1878, and the Hon. Frank Hooker was appointed to fill the vacancy. In November following he was elected by the people, and still presides over the circuit.

Barry County, having been organized after the old county court was abolished, had no such tribunal until 1847, when county courts were re-established throughout the State, each having one county judge and one second judge. The first term of the Barry County court was held by Hon. Hiram Greenfield, county judge, in April, 1847. The following from the records will show the organization :

" On the first Monday of April, it being the fifth day of said month, the county court for the county of Barry convened at the clerk's oflBce, in the village of Hastings, at ten o'clock in the forenoon of said day, for the purpose of organizing and transacting such business as might come before the same. Court was opened by proclamation of the sheriff, and duly organized.

The following is a list of the attorneys who have been admitted to the bar in the county of Barry, with date of admission. The practitioners of the county are mentioned in the respective townships :