Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1878-01-24

Defendant having failed to comply
with q former order of the Court re-
quiring him to pay to the Clerk $27l.
1t is ordered that an execution issue
for said sum.
Henry Snider vs.. johnson l. Jones.
Settled and dismissed at costs of de-
fendant
James Montgomery VS.. Sarah Mont
gomery. Divorce. Cause, adultery.
Decree of divorce granted at COSTS Of
plaintiff.
T NJ johnson VS. A II Fox. Proceed
ings of Master and sale by him made
approved and confirmed and deed or
dered.
James A Barnes VS. Louis G Wright.
Application for Injunction. Came in
TO Court the parties by counsel and
this cause came on to be heard on the
application of the plaintiff for an in
junction eBjoining the defendant from
taking possession of the Recorders Of
ice of Belmont county. The argu-
ments of counsel being heard, the
Court after considering the same, find
that plaintiff filed his petition for such
injunction in this Court on the 9th of
January, 1873; that on the day he
/ s1nAO NhO 1AOhs " w .
Carroll, Probate Judge, for such in-
junction, in. the absence of the Su-
preme or Common Pleas Courts-that
said Probate Judge did 6nd that said
defendant ought to have notice of the
application before the same was grant.
ed, and did order that such notice be
given to the defendant, and the said
Judge of Probate then and there made
q Haar II of ~
from interfering with the plaintiff in
the peaceable possession of the Office of
Recorder, and that plaintiff gave de-
fendant Immediate notice of said Or
der. The hearing of the case was con-
tinued by the Probate Judge until Jan.
10th, when it was heard in the Com
mon Pleas Court. The Court find as q
matter of fact that plaintiff was elected
Recorder in October, 1S74-that both
plaintiff and defendant were candi-
dates for said Office in Oct, 1S77-that
they were both eligible, aud were vO-
ted for at said election-that on can
vassing the returns of said election,
said defendant was found to be, and
certified to be elected to said Office OF
RecOrder-that he was commissioned
and qualified as such, and demanded
the Office. The Court further find as q
matter of fact, that the plaintiff has
appealed from the decision of the Clerk
and Justices to this Court, and that
such appeal is now pending in this
Court, and that plaintiff claims to hold
said office by virtue of his election in
1874. The Court find as a matter OF
law, that the defendant having been
declared elected-been commissioned
and qualified is prin1G fdcie the Re.
.order, entitled 10 the possession OF
the office, and books and papers there
in-that the appeal taken by plaintiff
and pending in this Court, did not va
cate the certificate of the Clerk and
Justices, or impair defendants right to
the Office until the hearing of the case
now pending in this Court. There
upon the Court disallow the injunction
and dismiss the application at plain
tiff IS costs. .-
Steubenville Furnace Co. vs. Ohio
City Iron and Nail Works; judgment
against defendants by default for
S760 q. - '
j Kerr & Co. vs. VIM. Clark; judg-
mept by confession against defendant
for $119O IL.
Robt. ID. Thompson vs.. Jos. Iddings
ct al. Heard on motion of defendants
to set aside the verdict and grant a
new trial. New trial granted.
VIM. Smith ct al. vs. S. G. Mcbride.
Finding of facts and judgment in favor
of plaintiffs. Motion to set aside same
and for new trial overruled and ex-
cepted to.
John Ulrich vs.. Agnes Morgan. Err
ror from Justice Peace. Judgment Of
Justice affirmed at costs of plaintiff in
error.
C. Oglebay & Sons VS.. Geo. w. Ram
sey ct al. Demurrer of plaintiffs to de-
PENDANTS answer sustained. Defendant
excepts. ...l---
State of Ohio vs.. Osborn Acton, Jas.
Hawkins, VIM. Mccartney, Barnet
Groves. Four cases. In each of these
cases the Grand Jury having returned
the indictment endorsed "not true
bill;" the defendants are discharged
from their recogniZsnceS.
Girard Iron Company vs.. Ohio City
Iron and Nail Works ct al. Judgment
by default against defendants for
s3s74 SO. -...-...' ....