Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1878-12-12
COURT REPORT.
Judge OKEY, G ERIK DARRAH and Sher-
iff KINNEY, present.

III hlNNE1, pf eSeHI'
Balaam NickOls vs.. Walker G Brock
'aDd Nathan Holloway. Demurrer to
plaintiff $ petition sustained, and de-
fendant Brock given leave to answer
in ten Days.
WA Atkinson & Bro. VS.. Elizabeth
A Woodland ct al. Foreclosure. Judg-
ment by default against the defend
ants and in favor of plaintiff for $40 II.
In default of payment Master Shannon
ordered to sell nortgaged premises.
State of Ohio vs.. Frederick Sweet
zer. Grand larceny. Defendant being
in the custody of the Sheriff, the order
for forfeiture of recOgniZance hereto
fore made is set aside, and the surties
are discharged.
Peter Murphy vs. BE- ORR Co.
Cause referred to J G Pratt, Esq, as
Referee for trial to hear and determine
the same and report to the Court his
conclusions of law and fact at the pres
ent term.
Nicholas Judkins VS.. John B Phil
lips. Appeal from Justice. Motion by
plaintiff to disniSs the appeal sustain
ed at costs of defendant.
Sarah l. Judkins vs.. ThOs G Judkins.
Partition. Parties electing to take
premises at appraised value, the Sher-
| iff was ordered to make deed of the
several tracts to parties electing to take
the same. Counsel fee of S197 90 al
lowed to II Collins, Esq, counsel for
petitioner.
Mary A Morrison VS.. VIM II Vail,
Admir- Jos Judkins. To Jury; verdict
in favor of plaintiff for 1914 81, from
which deduct amount of prOmissory
note and interest. $3.50 due defendant,
leaving amount due plaintiff of 1924 80.
Fred'k Mellott VS.. Ellis P Lee ct al.
Ordered that out of residue of the pro.
ceeds of sale heretofore made that the
Receiver be allowed $50, S28 of which
ey in his hands, and the report of said
Receiver is approved and confirmed.
The residue of said money the Master
is ordered to distribute as follows: To
plaintiff One-siXth, to Davis & Star
buck, one sixth, to James McNeice,
assignee of Smith, two sixth5, and to
VIM Smith, two siXths.
Jas II Collins vs.. Lemuel Lynn ct
al. After the Jury were empaneled
and sworn in this case, on motion OF
plaintiff the jury was discharged from
further consideration of the case.
Jos w Shannon VS.. UniOntOwn d
Flushing Macadamized Road Co.
Leave given plaintiff TO amend his Pc
tition, AMI he is required to make it
more definite and certain.
John McKeever vs.. Eli Stanton, Exr,
ct al. Demurrer5 overruled and ex-
cepted TO by plaintiff. Notions over
ruled except the motion requiring
Stanton, Executor, to separately state
and number his causes of defense, which
is sustained, to which overruling plain
tiff excepts.
Jos Medill VS.. Bryan Corcoran ct al.
Demurrer of defendants to plaintiff g |
petition sustained, and ruling excepted |
to.
S l. James vs.. James Gibbons ct al. |
Execution on judgment suspended for |
five days from Dec. 6. Plaintiff eX-l
cepts to the granting of motion.
Jas Kelsey vs.. Mary Weslh. Fore
closure. Judgment by default against
defendant for S5l5 81, and Master Or
dered to sell mortgaged premises.
q Morgan vs.. VIM 6 Kinney,
Sheriff. On application by plaintiff,
an Injunction is allowed restraining
defendant from further proceedings to
sell certain real estate, to be continued |
until further hearing of the case, on
plaintiff giving security in the sum OF
5000.
Michael Bu ms VS.. Michael O'Grady |
ct al. Continued at costs of defend
ants.
Geo w Maxim ct al. VS.. Mary Ma
kin ct al. d W Maxim, one of the
plaintiffs, declines to prosecute the ac-
tion as one OF the plaintiffs, and elects
to become defendant, and enters his
appearance as such. Plaintiff has leave
to issue an alias summons for Mary A
Maxim, a minor defendant, and the
cause is continued.
Margaret A Neff VS.. Eugene r Potts.
Bastardy. Settled by and between the
parties, and cause dismissed at costs of
defendant.
james Frazier VS.. Ohio City Iron
& Nail Works. Judgment by default
against the defendant for Sl4S3 "A.
John TWinem VS.. George w Cross
land. On motion of defendant judg-
ment heretofore rendered is set aside,
mons was imp rfect.
II AHNCtt N5- lICduuCi IuM-
,ett. Divorce. ID. cree OF divorce &
granted or ground of habilnal drunk
enness OF defendant; defendant to pay
,cs 9. s
Henry Duke vs.. Mary Co.'S. Parti-
ion. Partition ordered as prayed for
n the petition. II partition cannot be
nade without manifest injury TO par
les the Sheriff is ordered to appraise r
he premises. d
D w Cooper, assignee, vs.. George
iweig ct al. Court finds due defend a
Mt, Jacob Maser, from said Zweig, Il
1882 80, which is first lien. Ordered q
nat the assignee sell the property,
rst pay COSTS, and next pay the claim c.
f Jacob Maser, and report proceed 2
lgs to Court. S
r NJ wilkins VS.. II Butte ct al. Sale
Y Master approved and confirmed and fr
eed ordered.
Edward Westwood vs.. Matthew s.