The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1874-10-08
a SUGAR CREEK TOWNSHIP LAM
CASE t-.rt ..p I


The case of Henry Bose against Will
liam Agler before Justice Rowland at
Wilmot, was broughtrtO recover posses
sion Of hotel premises at Beach City.
The hotel was known as the Lake Gem
tre Hotel, The notice served upon de-
tendant by plaintiff to quit, was claimed
to be based on a release, and the notice
20 quit was to Leave on or before Septem-
Der 8th, 1874. .It u,..
The parties went before Justice Row
land at Wilmot on the 10th, and the
plaintiff through his counsel hands into
the possession of the defendant, Agler, o
copy of the writing to quit, and offered
the same in evidence as proof Of notice
to quit said premises, which was objected
to by the defendant, and was earnestly
argued by the counsel, and the objection
overruled by the Justice, who received
the paper as a notice to quit, and direc-
ted the parties TO proceed with the testi-
mony, To this ruling of the Justice the
defendant excepted, and rendered bill
Of exceptions, which the Justice refused
to sign, but finally said he would sign it..
What he did agree to do, and did do, Is
best told in his own words, copied from
his transcript, and is as follows:
Commencing at the overruling Of the
defendants objection to what was
claimed by the plaintiff as a notice
"whereupon the defendants attorney
filed bill of exceptions, and demanded
the signature of the Justice thereto.
The Justice refused to sign the said bill,
at the time, but expressed Willingness
to sign the said bill at the proper time,
and in modified form, if necessary.
Thereupon trial proceeded, and after ev-
idence was heard, attorneys proceeded
to argue, and submitted the case to the
court. The attorney for the defendant
again demanded the Justices signature
to his bill of exceptions, and requested
the said bill to be placed on the docket
The Justice refused to sign the said bill
of exceptions, but upon reconsidering
his former decision, entered the same,
and agreed to not consider the motion
objected to as evidence, on the ground
of its not being matured, both parties
having appeared and expressed their
readiness for trial. 1t is therefore con-
sidered by me that said plaintiff have
restitution of the premises mentioned
and described in his said complaint, and
recover costs of said defendant taxed TO
S. 50."
Upon which transcript the defendant
got leave to file petition in error in the
Court Of Common Pleas, and stayed all
further proceedings under the above
judgment.
W. & A. Mckinley for plaintiff, and
Folger for defendant.
THE SEQUEL.
Before leave could be obtained to file a
petition in error to revise Justice Row
lands decision, the constable had under
taken to dispossess the tenant in posses
sion, and by the tenant had a neighboI
assisting him in the removal of his
goods. This neighbor was a brother OF
the plaintiff in the action. While re-
moving the goods they were set upon by
the plaintiff, his father-in-law, one
Oaks, and a man by the name of Tuphs,
and in the tussle Daniel Bose, the plain
tif's brother, had the misfortune to have
his leg broken in two places above the
knee.
The assailants, Henry Bose, Oaks and
Tuphs were arrested and taken before
Justice Rowland upon a charge of as
sault and battery, and upon plea of
guilty, were fined, Bose and Tuphs $50
each, and Oaks $780, The Justices rec
ord shows the above facts.
On Saturday Col. Robinson, attorney
from Dover, endeavored to prevail upon
the Justice to open the case, and hear
proof that the defendants, or some of
them, who had pleaded guilty, had made
mistake, and in fact were not guilty at
all. How the matter was disposed of,
we are not advised at this writing.