The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1869-05-06
District Court.

and Hon. PhiIo B. Conant, Judges of
the Court of Common Pleas, on the I
bench. The court continued iii session t
till about FIVE o'clock Saturday, when !
it adjourned sine die. Below we give |
a brief abstract of the business trans t
acted in said court:
James ii. Nichols, eX'r OF Linus /
Foot VS.. Linus j. Foot. Leave 10 /
amend pleadings and continued. NJ.
Stuart for plaintiff.
Cyrus B. Snyder vs.. Chas. T.. Os- |
born ct al. Reserved from Trumbull |
county; error. Petition in error dis |
missed and Judgment below affirmed
Judgment vs. plaintiff in error with
costs. /
E. W. Gray VS.. \. L. Vain ct ais
partition. Submitted on agreed state
ment of facts; petition dismissed at
plaintiffs cost; plaintiff excepts. 'Tay-
lor & Horton for plaintiff; F. E.
Hutchins for defendants.
Austin Bancraft ct al.vs. Thompson
Bancraft ct al. Appeal dismissed by
consent of parties, and by agreement,
plaintiffs to pay712 and defendants
5-12 of costs. II. c. Ranney and Will
lard & Dyer for plaintiffs.
Rhuey Ann Whitlock, by her next
friend, VS.. Edward Ill. Cornell. Prayer
of petition granted; mortgage de-
| oI,,o5 r-o;d on1 of NO affaat ou6 raaI
estate discharged from any and all
lien thereof; judgment VS.. defendants
for costs. Stuart for defendant.
o. Dean, plaintiff in error, VS.. Alon-
20 c. Bates ct ais, defendants in error;
reserved to Supreme Court D. L.
Rockwell and Z. d. Taylor for plain
tifis ~ 5gsye 49, .
Commissioners of Portage County
VS.. Pennsylvania & Ohio Canal Co. !;
/ injunction dissolved and appeal dis
missed; Judgment against plaintiff for
costs. Taylor &c Horton for plaintiffs.
Warrick Price ct al. VS.. John Hays
ct al; reserved from Columbiana
county. Decree for plaintiff; RAILROAD
company to be protected in the enjoy
ment of their roadway across the
premises mentioned, and perpetually
enjoining the Salineville Coal and
Coke Mining Co. from destroying or
interfering with said rails or railway.
Judgment against the Salineville Coal
and Coke Mining Co. for costs.
H. j. Baker ct ais. VS.. L. j. Terry ct
ais. This suit was brought to charge
Isaac Phelps and Joshua G. Willis, to
whom the Terry Brothers had mort
gagged the Ravenna Glass Works and
: certain other real and personal prop
} erty described in contract and mort
: cages, to secure them for becoming
endorsers for said Terry Brothers to
the amount of $4,000, which property
had been levied upon and sold to sat
isfy judgment or judgments in favor
of the Second National Bank of Ra-
VIENNA, amounting to some $4,000, and
which sold for the sum of $4,000 to
said Bank. Plaintiffs had, previous to
the sale, obtained Judgment and levied
/. upon the premises, and claimed their
Judgment and levy as constituting the
first lein on said property, and asked
that the proceeds of the sale be applied
upon their claim, and for judgment
against Phelps and Willis for the bal
ance, and that certain lands held an6
owned by Lucinda Phelps be decreed
to be sold, and the proceeds applied tt
the payment of plaintiffs said judg
II ment. The court found that the mort
Il gage to the Bank was duly executed
: and constituted the first lein upon saiC
= premises, and that there was due tn,
Bank greater amount than the pro
ceeds of said sale; that there was dut
i the plaintiffs on their claim on the Is
. day of the term, S12,98S SO, whicl
= was the first lien next after the Hen O
said mortgage. Decreed that the pro
ceeds of the sale be applied on tn
claim of the Bank, as of the Ma,
y term of the Court of Common Pleas
r 1867. Cost of appeal to be paid b
1t plaintiffs. Petition as against Lucind
l. Phelps to be dismissed without preju
d dice, M. Stuart for plaintiff; Ranne
& Hatfield, Taylor & Horton for de
fendants.
II The State of Ohio ex rel, VS.. Wal
N ter Patton and John Duble. This is
+ case of gao qcTTrdnto, coming froI
~ the village of of Kent. The facts c
Il the case are briefly these: In Marcl
ie 1868, an election was held for membe
of the Board of Education of Frank
ct lin Union School District, and ais
nc the sale of certain school lots in sal
10 district. But one ballot -boNiwas use
a. but two ballots were employed, OF
&C. containing the names of the Direetol
g voted for, and the other, ''sale {
on school lots, yes" or "sale of scho,
bo lots, no." that the ballots were depo
tied by the electors separately in Il
same box. The. Realtors claim tha
ay inasmuch aas the election was irreg1
d. lar, the same was illegal and void, al
mt that the said defendants are not lega
ed ly elected members of said Board
ON Education. The court found that sa
d. defendants do usurp and intrude .
by the offices named unlawfully, and d
ta- cree that they be be restrained al
nd forbidden from exercising the duti
and privileges of said offices; defen
ants to pay the costs. Rockwell ar
a. M. Stuart for REALTORS.
= Laura Foot VS.. linus Foot. Dea
OF of plaintiff suggested and continue
tv. Harvey Hotchkiss VS.. Geo. P. Rec
", Treasurer of Portage county. ST
it. brought to restrain the collection
or tax Petition dismissed and injun
he ton dissolved! q Plaintiff excerpts,
it +: Ranney & Hatfield for plaintiff.
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