Local Government Records

(Description ID: 594174)

Rutherford B. Hayes Presidential Library & Museums

Sandusky County, Ohio, Supreme Court
Sandusky County, Ohio, District Court
(1823-1857)

LG-MF

Introduction
Agency History
Scope and Content
Inventory
Abstracts of Divorce Actions in Supreme Court

Introduction
The Sandusky County, Ohio, Supreme Court and District Court records were microfilmed by the Center for Archival Collections, Bowling Green State University, Bowling Green, Ohio. The film is located in the Hayes Presidential Center library reading room.

Agency History
The Supreme Court of Ohio originated with the Ohio 1802 constitution. Initially, two judges appointed by the legislature traveled to the individual counties where terms were held at least once each year. Eventually, four judges traveled the circuit, but only two were necessary for a quorum. Once each year, all judges gathered at the capital for a general term. The session was referred to as the Court "In Bank."

The first term of the Sandusky County Supreme Court was held on July 30, 1823, at the log school house at the corner of Croghan and Park Streets in Fremont [then called Lower Sandusky], Ohio. Cases were heard at this location for the next three or four years. The presiding judges were Charles R. Sherman, father of General William T. Sherman and Ohio Senator and Cabinet Member John Sherman, and Jacob Burnet, previously a United States Senator and historian of Cincinnati, Ohio.

Cases heard before the Ohio Supreme Court were suits involving more than $1000, cases appealed from common pleas court, and capital punishment cases. After 1825, capital cases could be tried at the option of common pleas courts. Decisions were not subject to review. The Ohio Supreme Court also had the power to issue a change of venue in cases where a fair trial could not be had in the county of origin. The system continued until constitutional changes occurred in 1851. Its successor was the District Court, which existed until 1883.

The state Supreme Court had exclusive jurisdiction over divorce and alimony cases through 1844. Divorce petitions could be filed for the following causes: adultery, desertion, impotence, bigamy, and extreme cruelty. Later, imprisonment for violations of Ohio criminal laws and/or other state and territorial laws comparable to Ohio’s were added. Gross neglect of duty, habitual drunkenness for three years, and fraudulent contract were included as causes for divorce in 1840. After divorce cases were removed from the Supreme Court’s jurisdiction in 1844, county chancery courts handled the suits until those courts were abolished as a result of the 1851 constitutional changes.

Records of the court’s actions are found generally in the clerk of courts office in each county, but many counties have placed their records with one of the state’s regional network research centers. Only the index remains in the Sandusky County, Ohio, Clerk of Court’s office.

Scope and Content
The collection consists of three rolls of microfilm containing Sandusky County, Ohio, Supreme Court and District Court records extending from 1823 to 1857. Even though incomplete, the records offer an understanding of Ohio’s judicial process, the types of cases heard by the Supreme Court during Sandusky County’s antebellum years, and the disposition of cases. Arranged chronologically by court terms and then by trial dates, the appearance dockets list each case assigned for trial, the term of court, names of attorneys and litigants, the case’s title and status, and the court orders issued. The Law Record of the Supreme Court and its successor the District Court provide a record of proceedings in cases of original jurisdiction and civil and criminal cases appealed from common pleas court. The record contains copies of particulars, transcripts, petitions, affidavits, pleas, motions, briefs of trial proceedings, court orders, and sheriffs’ returns. The names of judges, litigants, and frequently witnesses are given. In some instances, verbatim testimony of witnesses has been recorded. Cases are arranged chronologically.

The abstracted Sandusky County, Ohio, divorce petitions (1823-1843) heard by the Supreme Court appear in their entirety in the Supreme Court Journal designated as Roll #55.

Inventory
Ac. 5038
Microfilm

Roll #50
Supreme Court Law Record
    Volume 2 1837-1840
    Volume 3 1840-1842
    Volume 4 1842- 1846

Roll #51
Supreme Court Law Record and District Court Law Record
    Volume 5 1846-1847
    Volume 6 1848-1851

District Court Law Record
    Volume 6 1852-1856 (beginning on p. 239)

Roll #55
Supreme Court Law Record and District Court Law Record
    Volume 1 1838-1843 Supreme Court Appearance Docket
                      1852-1857 Supreme Court Appearance Docket
    Volume 2 1839-1851 Supreme Court Appearance Docket
                      1852-1857 District Court Appearance Docket
    Volume 3 1838-1851 Supreme Court Witness Record and Bar Docket
                      1852-1857 Supreme Court Witness Record and Bar Docket

Supreme Court Journal 1823-1851

Abstracts of Divorce Petitions, Sandusky County, Ohio, Supreme Court:
(Journal 1823-1851)

1823 JULY

P. 1 COCHRAN, Jane vs. Samuel; dismissed by wife.
P. 2 GAVITT, Polly vs. Benjamin F.; Benjamin had been absent for a period of 3 years. Divorce
       granted.
P. 3 SHAW, Harriet vs. George; George had been absent for a period of 3 years. Divorce
       granted. Harriet was awarded alimony of $250.
P. 3 HOLBROOK, Nathaniel vs. Polly; The court found Polly guilty of adultery with James
       CLARKE. Divorce granted.

1828 AUGUST

P. 12 BURNETT, Betsy vs. Joseph; Divorce granted.

1829 AUGUST

P. 16 BOND, Amy vs. Samuel; Amy was awarded custody of Robert Bond, "about 5 years,
         issue of said marriage" and any personal property in her possession. Divorce granted.
P. 16 PURNIA, Orcilla vs. Joseph; Divorce granted.

1830 AUGUST

P. 18 CALLOWAY, Susan vs. James; Divorce granted.

1831 AUGUST

P. 19 WOLFLEY, Augustus vs. Lucinda; Case continued.
P. 19 CURTIS, Cynthia vs. Joseph H.; Dismissed by the court.

1832 JULY

P. 20 WOLFLEY; Case dismissed by Augustus.

1833 JULY

P. 22 SPADE, Mary vs. George; Case continued; Court ordered depositions to be taken
         in the household of Jacob SPADE [also spelled SPAYDE, SPAID], Walnut Twp.,
         Pickaway County, Ohio.
P. 23 SPADE; Case continued.

1834 AUGUST

P. 24 CURTIS; Joseph vs. Cynthia; Cynthia had been absent for a period of three years.
         Divorce granted. Custody of the two older children was given to Joseph. Custody of
         the youngest child  was given to Cynthia.

1835 AUGUST

P. 27 SPADE; Case dismissed by Mary.
P. 27 COLE, Catherine vs. Ebern; Case continued.
P. 27 WATTERMAN, Ellen vs. Warren; The court ordered the petition amended. Case
         continued.
P. 28 BROWN, Jane vs. Luther; Divorce granted. The real and personal property belonging
         to Jane Brown at the date of her marriage was restored to her. The court awarded $300
         alimony to be paid within 10 days.

1836 JULY

P. 29 COLE; Case continued.
P. 29 WATTERMAN; Case continued.

1837 JULY

P. 33 COLE; Case dismissed by Catherine Cole.
P. 34 PARKER, Samuel vs. Rachel; Case continued.

1838 JULY

P. 41 PARKER, Samuel vs. Rachel; Divorce granted.

1839 JULY

P. 49 DISHLER [also spelled DESHLER] Hannah vs. Jacob; Court ordered the case
         continued, $75 per year alimony to be paid, half in 30 days and the remainder in
         6 months. The court further ordered that the alimony payments were to be charged
         against land in NS 1/4 of section 33, Jackson Township, Sandusky County, Ohio.

1840 JULY

P. 54 HILDRETH, Arminda vs. William; Case dismissed by Arminda Hildreth.
P. 55 HURD, Nancy vs. Benjamin; Divorce granted. Custody of the children was awarded
         to Nancy.
P. 56 HIGBY, Sarah vs. Elijah; Case dismissed by court.
P. 59 HERBSTER, Solomey vs. Christian; Case continued with $500 alimony to be paid
         quarterly and in advance during the pendency of suit. Further, the court forbid Christian
         from selling property. The house and lot were to given to Solomey for her use.
P. 61 DISHLER; Case continued with alimony to remain in force.

1841 JULY

P. 64 DISHLER; Case continued with alimony to remain in force.
P. 65 RATHBUN, Rhoda vs. Lucius; Case dismissed by Rhoda Rathbun.
P. 69 HERBSTER; Divorce granted because of gross neglect and extreme cruelty.
         The court awarded Solomey lot #48 on the east side of Lower Sandusky
         [Fremont, Ohio] bought with Solomey’s money for her use from her ancestor’s
         estate. The court also awarded her all of her personal property, 14 sheep,
         2 cows, $300 alimony, dower right in Christian’s estate, and custody of youngest
         child until he can choose a guardian.

1842 JULY

P. 72 DISHLER; Case dismissed.
P. 81 WONDERS; Elizabeth vs. Christian; The court ordered the case continued and
    the petition to be amended.
P. 80 RATHBUN; Divorce granted. Alimony of $2500 and custody of the children were
         awarded to Rhoda. Rathbun.

1843 JULY

P. 87 WONDERS; Divorce granted. The court found Christopher guilty of adultery.
         The court awarded Elizabeth all personal and real property acquired since
         separation, $300 alimony, and custody of minor children.
P. 93 MOORE, James vs. Cyrena; Case dismissed by the court.