Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1870-03-02
Court Proceedings.

SOuAS
lin the Wick case, reported last week,
the types made US say that the defend
ants ''abscoaded the premises" What
we intended was that they abandoned
the premises" The types also made us
say that the defendants ''failed to raise
the amount of coal named in the lease"
We wrote the sentence, "failed 10 mine"
&c. Farther along the types have it that
'the contention of the lease was argued at
length" &c. 1t was, in fact, the constrIIc-
ton of the lease which was argued.l
After the jury had retired in the Per-
due case Monday, the case Of Leland S.
Abel VS.. Orthniel Brooks was called
and trial commenced. In this case
plaintiff sues for balance due for services
claimed to have been rendered tn the de-
PENDANT, and one, Edward L. AbeH,(who
is plaintiffs father,) il the sale OF salVe
for foot rot in sheep, the father having
settled his half of the indebtedness. De-
fence a general denial and that Edward
L. Abel and defendant should have been
sued together, being partners in the en-
terprise. Verdict for defendant. Second
trial demanded and allowed. f. E
Hutchins for plaintiff. Hon. IF. Beaver
for defendant.
On Tuesday the case of Washington
Simons VS.. Jas. E. Beach was tried. Suit
brought for damages claimed TO have
been sustained by plaintiff by reason of
defendants cattle having broken e
into plaintiffs fields. Verdict for plain
tiff 500. Fuller and Moses for plaintiff;
Judge Sutliff for defendant. Motion for
new trial by defendant.
Edward L. Abel VS.. Orthniel Brooks
was next commenced, but before the ev-
idence was all in the plaintiff took leave
to withdraw a juror, and the case was
submitted to the court and a pro lorna
Judgment for defendant entered. Second
trial demanded by plaintiff and allowed.
Hutchins & Stun for plaintiff Beaver
for defendant.
On the sd, Wednesday, the case Of
Kirk and Kernohan VS.. w. Packard was
tried. This case has been twice before
tried, resulting the first time, in a verdict
for plaintiffs, which was set aside by the
court, in the disagreement of the jury the
second time, and in a verdict for defend
ant this time. Defence, extension of
time by agreement between the holder
and maker Of the note without knowledge
or consent Of the defendant Packard,
who was surety. Second trial demand
ed by plaintiffs and allowed. F. E.
Hutchins and w. T. Spear for plaintiffs;
Taylor & Jones for defendant.
Patrick Madigan VS.. VIM. Leavitt was
next tried TO the court. Suit brought to
| reform a deed executed and delivered by
plaintiff Of certain lots in Miles, under
plea Of mistake and ignorance of contents
of deed on part of plaintiff. Judgment
and order of reformation granted. Tay-
lor & Jones for plaintiff. Hutchins &
Stull for defendant.
The next case tried was that of Alex.
Strswbridge & Co. VS.. C. H. Andrews ct.
al. This suit was brought to recover for
the value of q quantity Of coal mined by
defendants from the bank of plaintiffs in
Hubbard. The question upon the trial
was as to the real value of the coal mined
and the true measure of damages. Yer
dict for plaintiffs for sl,OO5.Ss. Second
trial demanded and allowed. Judge
Hoffman and Judge Sutlif for plaintiffs;
Hutchins & Stull for defendants.
On Friday the case of Admir- of c. ].
Hill VS.. Geo. Hill was tried. This suit
was brought on several promissory notes
made by defendant to divers parties and
found in the possession of the deceased
at the time Of his death. which occurred
by accident some two years since. De-
fence, payment of part and offset against
part. Verdict for plaintiff for S475. Tay-
lor & Jones for plaintiff. Hutchins &
StuIl for defendant Second trial de-
manded by defendant and allowed.
The next case tried was that of Milo
Powers VS.. II. S. Leland. Suit brought
to recover balance claimed to be due on
a promissory note payable to order OF J.
L. Webb, Endorsed by him, and claimed
to have been signed by the defendant
the signature being torn of. Plaintiff
claimed ownership by purchase of An
derson & Rupp, indorsees. Defence that
the note had been sued upon while
owned by Anderson & Rupp, the sui
settled and the note paid and cancelled
bv tearing of of name Of maker. Yer
dict for defendant. Taylor & Jones fol
pIsintif. Hutchins & Stull for defend
ant,
A jury was then called in the cast o
John NJ. Owen VS.. VIM. A. John, anC
the trial commenced. This is 9 coal cast
from Hubbard, and is upon trial as oui
report closes.
A Beautiful Engine.
On Saturday afternoon last we stepped