Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1870-12-07
Court Proceedings.

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suited in a verdict for the plaintiff, OF
Tuesday, OF Ss55. Motion for new tria
was interposed by defendant, which tn
Court sustained, it appearing that thu
jury, in calculating interest upon certain
notes involved in the controversy, haC
computed with annual rests, instead o
in the ordinary way. The notes read
" with annual interest Held that thii
term implies that the interest is 70 bS
yearly at the rate prescribed, rather thar
monthly, or quarterly, or semi-annualIy.
and is not equivalent to the words, " in
terest TO be computed and paid annu.
ally" Stull and Taylor for plaintiff
Hutchins and GHdden for defendant.
The next jury case tried was that Of
Morrow & Vanness Us. d. X. Price, in
which the plaintiffs claimed to recover
damage for breach Of a warranty or q
horse bought OF defendant, which turned
out to be unsound. Defence, that he did
not warrant except that the horse was
sound so far as defendant knew. Sub
mitted to jury without argument. Yer
dict for plaintiffs, $50. Motion for new
trial by defendant overruled, and both
parties gave notice Of second trial.
Several cases were tried to the Court
without jury. One Of these, Milton SUIT
Lift Us. Ralsa Clark, enlisted much attsn-
ton. Suit brought to recover upon an
account for attorneys fees, running back
as far as the time OF the Eell-knoWn law
firm OF NJ. & c. G. Sutlif. Defence,
statute Of Limitations to part Of the ac-
count, and settlement. The case was
sharply contested by the plaintiff in
person and L. c. Jones for defendant.
Judge CoNANT, throwing out a consid-
cradle portion Of the items as outlawed,
and some for other reasons, gave judg-
ment for plaintiff for $40.
The case Of Il. A. Seabrook rS. Sarah
Ballard, was 3 suit upon note and mort
gage, the note signed by Sarah alone,
and the mortgage by both she and her
husband, upon lands owned by her.
Judge FUTILE held that the mortgage
was but an incident to the note, a mere
security, and as the note, being that OF q
married woman. was invalid, the mort
gage could not be enforced. Demurrer
sustained, and Judgment for defendant
Leave to amend petition given. Judge
Glidden for plaintiff; Sutlif & Stewart
for defendant.
Asa Way Is. Benz. Gilbert ct al, also
tried to the Court, was a suit brought to
charge an equity alleged still to exist
in Gilbert, growing out Of the sale Of the
American House property to Junius
Dana. The plaintiff got a judgment be-
fore a Justice Of the Peace, against Gil
bert, last June. After commencement Of
that suit Gilbert turned over the Ameri-
a House TO the defendants Liby and
Ludwick, the former a brOther-in-law
and the latter q sOn-in-laW, to whom he
was somewhat indebted, they assuming
and agreeing to pay a judgment in isvor
OF Levi g. Sutlitf, all amounting 70 some
$1,000 A few days after, the property
was sold oy LIby and Ludwiek 70 Dana
for 1900. It was proven anon trial 10
be worth 5000 or 5000. Other proof
was heard, and Judge FUTILE held that
there was, from the proof, still an inter-
est in Gilbert which could be reached by
CREDITORS. Decree accordingly. Judge
for plaintiff; Taylor for defend
ants.
Judge CoSANr resumed the bench on
for the trial of the case Of Admir-
d. C Forbes Us.A. &C. ". Railway Co.
Suit brought to recover damages for the
Of plaintiff s intestate upon the
line Of defendants road, in January, 1865.
Deceased was q workman on the road,
and at the time OF the accident, was
with i've others with a hand-car to
about three miles east of Warren.
In going around 4 curve, the man in
saw the smoke Of a coming train,
some six hundred yards distant, stopped
hand-car, told the men TO get it of,
ran forward with 8 red flag TO stop
he train The train not stopping, and
It's speed being fast, the boss called back (
% the men TO clear the track. They were I
It the time Juggling at the hand-car, try
ng 20 get il of, but in vain, being aWk-
ward. The others acted upon the order
% clear the track and got out OF the
way, but the deceased did not probably :
rom a slight deafness, seem to hear the ,
order, and was too late to get clear out Of !
he way. Re was struck by the locomo-
i've, leg and arm broken, and received '
Internal injuries from which he died in a
few weeks. Verdict Saturday morn
ng for plaintiff for 5000. Ensign for
StuH and Spear for defendant n
On Saturday the case Of Leland s.
Abel SS. Orthniel Brooks WAS tried. 4,
lain bssed upon an aceount for ser 4
ices as agent in introducing a medicine /
or curing fOOt-rot in sheep, in the State q
# Vermont. Defence, bad faith on part
# agent, etc Verdict for plaintiff, SOS. q
Iutchins & Glidden for plaintiff; Beaver y
Or defendant
Milo Burnett was granted : divorce
rom Priscilla, on the ground Of WiIlful ]
bsence for three years. Spear for petit
Z
John Patton was allowed q severance
the holy bonds because lydia, the +
efendant, had left his bed and board
been absent oyer three years, super A
dded 70 extreme cruelty. 1t seems that
rock upon which the happiness Of A
his couple split was the question or hap
SIN, M holding that to be saved the b
inner must go in all over, and the other 81
nat sprinkling water on his head was d
efficient. In the alteration John got p
ather the worst Of it, his eye and head
eng badly punished. Having thus
ome out ahead, Lydia left, and has since s
smained away. F. G. Servis for petit
L. c. Jones Us. The City Of Warren ct O
l., tried to Judge FUTILE, was q pro-
brought to obtain a perpetual
junction against the city and Treasurer n
the county nom collecting a tax, &c,
ssessed against plaintiffs property, cor D
er Market and Elm streets, for side
ak built by order Of city authorities, 4,
being claimed that the proceedings or \
le authorities were illegal in several II,
n prominent one being the ~
ilure to give plaintiff any notice OF the In
;tiOn Of the Council, requiring the 1r
ak to be built. Perpetual Injunction ~
-anted. Glidden for plaintiff; Ratlif r
Moses for city. p,
Monday morning, 5th, the case Of to
-iltOn Sutlif Us. BENZ. Gilbert, came on
r trial to ajuTy. Suit brought upon G.
count, for professional services and for
ie Of land, the land being q strip be b
Teen American House and the Sutlif Bi
Ock. Various defencss were set up.
Tuesday morning, for plaintiff, w
7 so. Judge Sutlif for self; Taylor
T defendant.
a~eOnSburg. /
EDITOR CHRONICLE There Is yerv
doing in the stirring town Of Bs- ~
nghuru ginna Wiutar set - T., g.