The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1879-05-08
Prehla District Court.

This Court convened April 18th, with
Judges DoANE, WILLIAMS and ELLIOTT
onthe,bench thelatter presiding. Every
ease upon the docketwa disposed of by
Thursday merning, when the Court adj
ljourned I DIE. The following is a
Synopsis of the disposition Of the cases in
the order in which they appeared upon
1.-The docket, without reference to the order
i which they were disposedof:
Il a., Berry VS.. Vim. McCreary-Appeal.
Motion to set aside referees report and
for new trial. Motion overruled, but the
report was SO modified as, to reduce the
finding Of the Referee to 1880 against
plaintiff Each party to pay half the
Icosts.
r. ]. Morgan VS.. E. J. Foster ct al
Appeal. The matters appealed from hav-
ing been compromised the appeal is dis
missed by consent. This leaves this case
pending in the Common Pleas, On order
of sale.
Thomas Wall VS.. John Goodwin.-Ap-
peal. Motion to dismiss appeal, on the
ground that the case is not an appeala-
bic one under the statute. Motion sus-
Handicapped dismissed.
Dilemma James vs.. Amanda James
Appeal. Tried to Court. Finding and
ldecree in favor of plaintiff-resting title
to lands in her-she to pay costs. Re
manded for execution.
J 20. Boyd VS.. T. j. Smith ct al.-Ap-
Epeal. This wa a suit upon a note given
for real estate. The. defense was, breach
of covenants of warranty there being an
incumbrance on the land in favor of Beam
& Jay, Assignees. After the case was
1~partially heard the parties settled it, by
Itheplainif agreeing to pay Beam & Jay,
Assignees, S600to release their claim.
Judgment was then rendered in favor OF
plaintiff for the amount of his note. Ii
tie qnieted in defendants; costs equita-
bly, adjusted.
John Hornady VS.. Thomas Wall ct al.
Appeal. This is a complicated case in
which plaintiff claims an interest in his
deceased fathers land, which was long
since sold in partition and is now owned
by defendants. The Court below found
in favor OF plaintiff. The District Court
reverses the Common Pleas and dismiss.
es the petition. Remanded for execu,
tion.
Nathan Maddox ct al, VS.. Susan Mad
lUOck ct dl.-auOkQtT complicated CASE
THAT want OF space will not permit us tt
explain in detail. The Court below wa.
affirmed and the petition dismissed Re
manded for execution.
Anna NJ. Neal VS.. W. G. Huston ct al
This involved questions OF priority
among creditors. The Court held C. F
Brooke and the First National Bank t,
be the first lien holders, (after plaintiff
claim is paid except as to note in favo
OF Robert Macon for about $500.
VIM. NJ. Brooke, Admir-, VS.. Stanilan,
/ & Crawford.5Judgnen below affirme,
J with costs; Demurrer 10 petition sus
tanned.
VIM. Brewer VS.. BIC. Beall ct al
Error. judgment below affirmed viii
costs. Remanded for execution.
Alexander Elliott VS.. Commissioner
OF Preble County.
: L. N. Minshalt VS.. Auditor of Prehl
: Co These are both applications for mar
damus to compel defendants to make re
cord of proceedings in Commissioner
Court. Alternative writs directed to b
issued, returnable at next term Of Di:
trict Court.
! Motions for e trials and exception
were filed in nearly every case, but al
not noticed in this report.