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The Circuit Court was created by an act of the General Assembly of 1868, and approved April 6, 1868, entitled as follows: “An act establishing Circuit and General Term Courts, and to define the powers and jurisdiction thereof.” The act defines that the Circuit Court shall have original and exclusive jurisdiction in all county matters relating to the probate of wills, the appointment of executors, administrators and guardians. The Circuit Court also had concurrent jurisdiction with the District Court in all civil matters, actions at law, foreclosure of mortgages, etc. No grand jury is empaneled in this court, nor does it have criminal jurisdiction.
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The first term of the Circuit Court of Cedar County commenced on the 1st day of February, 1869, in the court house, in Tipton: Hon. Sylvanus Yates, Judge; William Elliott, Clerk; John D. Shearer, Sheriff. The first jury was composed of the following named citizens: Homer Frink, Peter Monk, E. C. Blackmar, Charles Benson, Ira Brink, George A. Guthrie, Jacob King, Thomas Reaves, A. H. Stevens, Wm. Fraseur, Frank Baldwin, E. H. Carl, George H. Wadsworth, Crawford Smith and Thomas W. Fishburne. Frank Baldwin and Thomas W. Fishburne were discharged for cause. N. J. Hawley, David Crisman and Wm. Jenney were returned to complete the panel. A. H. Stevens could not be found by the Sheriff.
The first case of record in the Circuit Court was that of Robert Israel vs. Henry Tillet, on an action of law. The Court ordered that the case be continued.
The first jury trial, in this court, was the case of C. Brinkman vs. B. Wilhelm, in an action of replevin. The jury consisted of the following named persons: Homer Frink, Peter Monk, E. C. Blackmar, Charles Benson, Ira Brink, George A. Guthrie, Thomas Reaves, E. H. Carl, George A. Wadsworth, Crawford Smith, David Crisman and William M. Jenney. After listening to the evidence of witnesses and arguments of the counsel, the jury retired to consider their verdict, and returned a verdict for the plaintiff.
Judges of Circuit Court.—(Circuit Court organized February, 1869)—Second Circuit of Eighth Judicial District, Hon. Sylvanus Yates first Judge, 1869 to 1873; Eighth Circuit of Iowa, Hon. John McKean, 1873—(present incumbent).
District Court.
Judges, 1840-1978.—Second Judicial District, Territory of Iowa, Hon. Joseph Williams, 1840 to 1845; Third Judicial District, Territory of Iowa, Hon. Thomas S. Wilson, 1846; Second Judicial District, State of Iowa, Hon. James Grant, 1847-1851; Second District of Iowa, Hon. Thomas S. Wilson, 1852; Eighth Judicial District, Hon. William E. Leffingwell, 1853; Eighth Judicial District, Hon. John B. Booth (appointed), 1854; Eighth Judicial District, Hon. Wm. H. Tuthill, 1855 to 1858; Eighth Judicial District, William E. Miller, 1859 to 1862; Eighth Judicial District, Hon. Norman W. Isbell, 1863 to December, 1864; Eighth Judicial District, Hon. C. H. Conklin, December, 1864, to December, 1865; Eighth Judicial District, Hon. N. M. Hubbard, December, 1865 to 1866; Eighth Judicial District, Hon. James H. Rothrock, 1867 to 1875; Eighth Judicial District, Hon. John Shane, 1876 to 1878.