Wednesday, April 26, 2017

April 30, 1880, Common Pleas Court Record of Abel Armitage

In the previous post concerning Abel Armitage's suit against the City of Steubenville, Ohio, on March 12, 1880, it seemed that the case had been settled in Abel's favor for $150.00.  But this entry in a Common Pleas Court journal of Jefferson County appears to be part of the same case.

April 30, 1880
Abel Armitage                 |
v.                                    |>   Civil Action
The City of Steubenville   |

This day came the said defend-
ant and presented his certain R ??? [Rule?] of Exceptions
taken on the trial of their Cause :  and the s??? [same?] is allowed Signed
and sealed by the Court and ordered to be placed on file with the
pleadings and made a part of the record in this case.
Thoughts and Questions
The earlier court journal entry stated that the court favored the plaintiff (Abel) and assessed his damages at $150.00.  So why was Abel back in court on April 30, 1880?  Was he unhappy with the amount?  (Or, as reader Wendy suggested, the defendant, the City of Steubenville, may have been unhappy with the settlement.)

What is a "Rule of Exception" (assuming that's what it says)?

This court journal entry and the one in the previous post are the only two for Abel -- or at least the only two that have been found.  The next ones, dating a year or two later, are for his wife, Ann.

Many thanks to Joyce Jonard Humphrey for providing the image.


Copyright ©2017 Nancy Messier. All Rights Reserved. .


  1. If Abel was the plaintiff, then this is the defendant, the side that lost the case. Does this mean the defendant was claiming the judge's rule was unfair? Was he asking for a do-over? Obviously, I'm no Judy Russell. I always struggle to understand what I just read when it comes to legal matters.

    1. Thanks for pointing out this oversight on my part, Wendy, with the suggestion that the defendant, the City of Steubenville, was unhappy with the outcome. I'll have to see what I can find in those City Council records.


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