Originally published in The Vidette-Messenger of Porter County on February 20, 1946.
Ask Change Of Venue In Horse Trial
Porter county’s aged horse case, tried seven times in local courts and slated for an eighth hearing, may be sent out of the county.
An affidavit was filed Tuesday by Oscar Strom, of Gary, attorney for Mrs. Cora Peterson, administratrix of the estate of Ben Anderson, of Chesterton, against Ben and Vernon Kuehl, of Washington township, asking for a change of venue of the case from Porter county to another county because of bias and prejudice existing against the plaintiff.
Today Atty. James J. McGavey, counsel for the Kuehls, filed objections with Special Judge Ira C. Tilton in Porter superior court, against the move. In his remonstrance, McGarvey objects to the venue charge on the grounds that the affidavit for a change of venue is improper and illegal in form, and is contrary to public policy.
Cost To Taxpayers
In addition, the granting of the petition would put an unnecessary burden on the taxpayers of Porter county, it is charged.
Recently Judge Tilton denied a change of venue to Strom in behalf of Mrs. Peterson because the affidavit was not signed by Mrs. Peterson, but by her attorney.
The horse case has been tried seven times, with the Kuehls winning five times. One jury disagreed, and in another hearing a mistrial was declared. New trials were granted because of irregularities.
The case originated about a decade ago when the Kuehls bought a horse at an auction sale held by Anderson, later killed in an automobile accident. The horse proved defective and the Kuehls refused to pay a $100 promissory note given in the deal. Anderson sued and at his death Mrs. Peterson carried on. Court costs are near the $1,000 mark.
