Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1874-02-12
Court ReDort.

Appeal. Heard on motion of plaintiff
to dismiss the appeal, because the appea
b h nd was entered into OH the eleventh
day after Judgment had been rendered
the tenth day being Sunday. Court held
that Sunday should be excluded from
the counting; that the bond was given
q within the time required, and overruled
the motion TO dismiss. Plaintiff ex.
: cepts.
y Joseph Angel vs.. Catharine Angel.
Divorce. The death of the plaintiff sug-
gested.
. Thomas s. Caldwell VS.. George A.
Fife. Three cascs-appeal and petition.
: The plaintiff in both cases dismisses his
action. Ordered that he pay the costs
within ten days.
, p. c. Hawkins VS.. H.. W. Langley and
wife. Settled by the parties at costs of
defendants. Ordered TO pay the same
within ten days. No record of agree
ment.
Alexander Boggs VS.. Eyeiine boggs
and others. Partition. Sale confirmed
and deed ordered. The proceeds to be
paid as follows: Eveline Boggs, three
thirteenths; alexander BOggs tive-thir-
teenths, and to the remainder of the
known heirs One-thirteenth each. JO-
seph Hunt, receiver.
John Slagle VS.. Elizabeth Slagle and
others. Partition. Sale confirmed and
deed ordered. The proceeds to be paid
as follows: 10 each of the children ne
eleventh; to each of the grandchildren
One-eighty-eighth; to Henry Slagle.
Franklin Slagle and Sarah Jane Hash
barge One-thirty-third. Elizabeth Slagle
allowed in lieu of dover $50 60. Joseph
Hunt receiver.
VIM. C. Bailey VS.. Hamilton and Co
Submitted to the court. Court found
that the item for $75 for extra night
work ought not to be allowed; that the
balance of the plaintiff s account, with
interest, amounting to 1924 80 ought to
be allowed, and judgment was rendered
accordingly. Second trial allowed: bond
$500.
Henry Swindler VS.. j. III. NJ. Mont
gomery and others. Jury trial. Verdict
for plaintiff for 81 900, with interest,
amounting to $1401 80, also that there
was an agreement between Swindler and
Montgomery that their running accounts
should be applied one against the other.
John Robinson vs.. James Wellington
and Amanda Wellington. Sale con-
firmed and Sheriff ordered to make deed.
WIN. Griffith VS.. Gallipolis, McA. d
G. r. r. Gu. Amended motion filed.
Motion of defendant to strike plaintiff s
motion from the files. Motion overruled.
Plaintiff asked court for a rule to show
cause by a certain day, to be fixed by
court, why defendant should not answer
the motion, in case of failure the plain
tiff to have judgment as prayed for in
petition. Considerable time has been
consumed in the argument of these sew
eral mOtions.-[REP.
Henry Swindler VS.. J. II. NJ. Mont
gomerv and Eliza Dickey. Jury trial.
In 1869 the plaintiff had a sale of stock
on his farm. Montgomery bought Il
horse and colt and gave his note for
them with Dickey as surety The note
upon which this action is brought reads
for two hundred and ten dollars. The
defendants claim that the note was given
for two hundred dollars, and that the
words Hand ten" were Inserted after the
note wa given. The plaintiff claims
that the words 'and ten" were inter-
lined at the time of signing. The jury
brought in a verdict for the defendants.
Motion for a new trial was agreed. Yer
diet set aside and new trial allowed.
Wm.~PaEvans VS.. John Donnally.
The plaintiff having failed to show cause
why he should not give security for
costs, the action was dismissed without
prejudice Ordered to pay costs within
ten days.
Henry N. Bailey vs.. Frank A. Guthrie
and wife and others. Plaintiffdismissed
his action without prejudice. Ordered
to pay costs within ten days.
Lucy Michael VS.. Ethanile Betz. This
was a suit under the Adair Liquor law.
The plaintiffs husband is alleged to have
procured whiskey of the defendant and
neglected his business therefrom. The
petition asked damages of 81, 900. The
case was argued OH Saturday afternoon,
and the jury in the night returned a YER
dict of $275. Second trial allowed; bond
$500.
Chas. Rees VS.. Jno. Rees and John
Lloyd. Petition to enforce vendors lien.
Heard on demurrer of plaintiff. Demur-
rer sustained to first countand overruled
as tothird. Case continued.
. City of Gallipolis VS.. Poole & People.
Appeal. Defendants were sued for
wharfage. Settled and costs paid.
Lehman, Richman e Co. VS.. Ephraim
rson. Judgment by default for
80.
LlOyd& Thomas VS.. Andrew J. Wright.
Judgment on promissory note by default
for 1904 g..