Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1858-06-30
The Court of Common Pleas.

The Court of Common Pleas.
Last week we gave a synopsis Of the
Criminal causes tiled before this court
we give below a brief of Court matters.
which have trarspired since u last is
sue and some items which We omitted
last week.
Calvin Price vs.. Caleb Peck. Action
TO recover for damages done the Plain
tiff on account of certain slanderous
words spoken by the defendant. The
defendant was charged with reporting
that the plaintiff had ''sworn TO a id
lie" in a certain law suit, before Justice
Abel. concerning freight on water mel
ons TO the amount of $3.50. The de
PENDANT, being accused of having charg-
ed the plaintiff with perjury. attempted
under a plea, in the trial. to justify him,
self. and that said defendant uttered the
words in anger not malice. Verdict and
Judgment foy plaintiff, $500 and costs,
A new trial was demanded; bonds order
ed to be given in the sun Of 800. Cox
and Fuller for Plaintiff, Curtiss d Smith,
and Asper d Beaver, for defendant.
James Tidd VS.. John Hunter and vile.
Special verdict for plaintiff. Asper for
plaintiff; Fuller for defendant.
Guardian of VIM. Orsborn VS.. Joseph
Harris. Verdict for plaintiff $50, 90,
and judgment for costs. Curtiss &
Smith for plaintiff; Birehard and Humph-
rey for defendant.
VIM. Kelly VS.. Andrew Gardner. This
was an action 10 recover an amount of
money claimed 10 have been paid to The
defendant, while acting in the capacity
of Justice of the Peace, and withheld by
him. Verdict and judgment fer defend
ant, S20,51 and costs, it being apparent
that defendant had paid by mistake to
plaintiff, that amount more than he had
received. Sanderson and Curtis Il
Smith for plaintiff; Birchard aud Powers
for defendant
VIM. E. Williams VS.. Henry keck.
Verdict for plaintiff. Hutchins, Cox &
Ratlilf for plaintiff; L. c. Jones for de-
PENDANT. New trial granted.
Robert Montgomery. 81, ct. al, VS..
David Waldorf, executor of James Mont
gomery's estate, ct. al. This was an &C.
ton brought to have the last will and
testament of James Montgomery deceas-
ed, set aside on The ground Of incompe-
tency on the part of the Testator. In
consequence of quite an amount of pro
perty being in issue, there was much in
tere.t manifested in the case, and eyinc-
ed that the attorneys on both sides had
thoroughly prepared the case, A large
number of witnesses were in attendance
for both parties. Case submiLted-Jury
retired and very soon returned a verdict
that the paper writing purporting tc be
thelast will and les aneDt ofJsmes M,nt
gomery, deceased, was so in fact.
fHutchins, Cox & Ratliff for plaintiff;
Jones, futile & S:ull for defendants.
Dorothy Davis VS. Charles Brown
Action brought 10 abate a nuisance, the
result of Defendants diverting a stream
of water from plaintiffs land. and to re-
cover damages therefor. Nuisance aba
ted, cost taxed TO plaintiff, she having
failed TO recover damages TO the amount
of $500 as required by law. futile &
Stull and Burnett. for plaintiff; Hu'chine,
Cox IL Ratliff for defendant.
Many judgments, this term, were en-
tered by default Of defendants.
CRIMINAL AFFAIRS.
State of Ohio vs.. Benz Apologize,
Assault with intent to murder. Nolle
prosequi and stricken OF.
State of Ohio VS.. Robert McGarv,
Murder, Nolle prosequi, n stricken off.
State of Ohio VS.. John Mallory, Grand
Larceny, Nolle prooequi. and stricken
off State of Ohio vs.. VIM. B. Kennedy,
Assault and Battery. Nolle prosequi.-
State of Ohio VS.. Hiram Hart, Aiding
and abetting and procuring the crime of
ole prosequi entered.
Other criminals will be tried this week.
Of Western Reserve Semi
mary, at Pennington.
The Fourth Annual Commencement
Of this Institution came off on Thursday,
the 94tb, inst.
A part of the exercises had been I'm.