The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1879-12-25
Court of Common PIeas.

|
John Slavens Alexander F. McCarley and others.
Judgment by default for 1854 so.
Abram Edwards Daniel A. Evans. This case
was tried by the Court On the 30th of July, 1878,
paiutif traded two mules to defendant, for horse
thirty dollar sewing machine and s5 cash. to be paid
in six months One of the mules left with plain
tiff for a few days When defendant went to get the
mule plaintiff refused to give up claiming that the
horse would not work Plaintiff kept the mule until
March April, 1879, when defendant took it. He
keeping the mule, the s45, and
claimed perhaps hundred dollars for keeping the
mule Court held that the contract had not been
scinded and that the defendant had right to take
the mule at any time. Judgment for plaintiff for the
and interest and dollar for keeping the mule
the first four days. until demand was made for the
mule.
The State of Ohio on relation Emeryllis Boyd,
| Josiah B. Cremeens. Bastardy. Jury trial. Plain
tiff is unmarried woman, and the defendant is a
married man. The parties reside in Liberty town.
ship.
Plaintiff testified that she had had connection twice
with defendant in the woods where she resided
once in December, and the second time the 18th Of
January 1879, from which time she calculated her
misfortune but the birth the child occurred at
time inconsistent with this theory. She admitted
that she had had intercourse with other men, but
| that year before this occurrence. There were
perhaps from fifteen to twenty witnesses, and about
half of them must have sworn lies they fatty
contradicted each other. The defendant took the
witness stand and testified most positively that he
at any time, in place, had any improper
relations with the plaintiff The jury remained out
considerable length of time and then brought in a
verdict of guilty.
McAlpin, Polk 6 Co., Ambrose Scott and Malin
da Scott. This came up on demurrer, and was
decided by Judge Harper Malinda Scott is the wife
of Ambrose Scott In the year 1874 she was the owner
of certain real estate in her right which she con-
veyed, through a trustee, to her husband, Ambrose
Scott. In the year 1876 Manda Scott engaged in
the millinery and mercantile business in Jackson and
gave her promissory note to plaintiffs, for goods pur
chased On this note suit brought, and judgment
taken. Execution levied the lots conveyed by
Mrs Scott to her husband, and this suit brought
to set aside the deed fraudulent and to subject the
lots to the payment of the debt of the wife, Malinda
Scott.
The Judge held that a married woman could not be
sued Common Law and a judgment taken against
her would not be voidable, but absolutely void. Mar
ried only be sued where such authority is
given by Statute and of these is where she
has separate property and that fact must appear In
the petition This fact not set in the petition
of McAlpin, Polk & Co., and the judgment was abso-
lutely void and if Mainda Scott had never conveyed
those lots to her husband and they were now stand
ing in her own name execution could not be levied
upon them, to make the money this void judgment
Courts equity the guardians of married women
and their property be taken only in strict con-
Fety Rdedy to the statute in such cases made and
W. A. Steele and Others vs. W. C. Gould and Others
On motion to strike petition from the files. Decided
by Judge Harper. This 4 suit originally brought
by the plaintiff Steele, for services rendered by the
jackson Silver Cornet Band for the Democratic Cen
tral Committee. There was demurrer, and the case
went up to the District Court, and sent back.
Now Steel joins the other members of the Band and
for this alleged defect, this motion is filed.
BY the Court. The code provides that amendments
may be made striking out, adding parties, at
any time in furtherance of justice. No meritorious
defense has been offered in this case; all has
been upon technical legal points. The defendants
do not deny that the services rendered by the
Band, and thereis no reason why they should not be
paid, so far as has yet appeared in the case.
Motion overruled, and leave taken by w. c. Gould
and E. 7. Jones to answer forthwith.
Cassander Westlake The administrator of Joseph
Westlake.
of Joseph Westlake. The plaintiff was the wife of
yelling Westlake, of Joseph Westlake, and the
parties disagreed, and separated. Plaintiff charged
that Joseph Westlake the cause of the disagree
ment and separation and brought her suit for DANA
ges and recovered Judgment. The case was taken to
the Supreme Court, and the Judgment reversed, and
sent back for trial The jury returned verdict
in favor of defendant.
John Slayens Alexander F. McCarley. Judg-
ment by default for s6S4 so.
Oak Hill Building and Loan Association VS.. Alfred
C. Elliott and Others Sale confirmed, deed ordered,
and order of distribution made.
Oak Hill Building and Loan Association vs. John 1.
Davis and wife, and B. Kahn. Order of distribution
made.
Charles j. Miller, Amzi G. Patterson and Albert e.
Coulter, VS.. John C. H. Cobb and H. F. Austin. Judg
ment by default for $40.
johnson Wade VS.. George W. Poor. Judgment by
default for s61O n, with remittitur of 1914 50.
Jonathan Davis, administrator, VS.. B. E. Cackley
and Joseph F. Cackley. Judgment by default for
S2l6 %, with remittitur of $203 20.
James Tripp Joseph Masters. Judgment for
$279 70, and order for sale of attached premises.
John j. and James Musser, administrators, An
drew j. Dever administrator of John Aldridge, and
James Martin and j. r. Booth his sureties. Judg-
ment for 1897 10.
Moses Sternberger guardian John c. II. Cobb.
Sale confirmed and deed ordered.
State of Ohio Joseph H. WILSON, Indictment
for bribng elector. Nolle entered
State of Ohio Thomas W. Patterson. Indictment
for bribing elector. Nolle entered.
State of Ohio Thomas w. Patterson. Indictment
for failure to make return county Auditor. Noue
entered.
Mary NJ. Busler vs. Ralph Loft and Sabra Loft.
Slander. Verdict for defendant.
Sophia e. Messenger VS.. The Incorporated Village
of Jackson Plaintiffs petition sets out that plaintiff
certain lots in the village of Jackson certain
streets therein and that the grades of said streets had
been established for than forty years. and that
buildings, and other improvements, had been made
said lots with reference to said established grade
and that the authorities have cut down said
streets, and the side walks thus greatly impair
ing the value of said property.
There demurrer to this petition, the
ground that the petition does not state that the grade
established more than forty years ago, established
by the proper authorities of said village The de-
murrer overruled, and leave taken to answer.
In the bastardy of Boyd VS.. Cremeens, motion
made for a trial. on the ground of newly dis
| covered euidence. The motion was overruled. In
deciding the motion the Court commented with sever
ty upon the large of willful and corrupt per-
jury in the trial of the 1t argued the frailty and
| corruption of poor humanity.
Defendant ordered to pay $780, in installments.
| John W. Highly, Executor, johnson Wade &
| Wife. Sale confirmed and deed ordered.
John T. Moore allowed the of 500 for services
as Assistant Prosecuting Attorney for the present
| term.
On Monday morning Orrin Sperry was brought into
Court for sentence He had plead guilty to breaking
into the store of Price Brothers in the night
and stealing and carrying away goods to the amount
$3 S5. Sperry is young man of more than ordina-
nv intelligence. He said in response to question by
the Court whether he had any thing to say that he
sorry for what he had done and he hoped it would
be lasting lesson to him. He then sentenced to
the penitentiary for three years.
Arminda Giiland was then sentenced to the peni-
tentiary for year. plea of guilty of concealing
the goods stolen by Sperry. She is young, unmar-
red woman, and from her appearance is but little
above idiot in mental capacity. She is also in
condition that should mitigate the length of her
| tence.
There of malpractice against DIR. Grif
fiths, of Portland, commenced on Friday. The plain
tiff is Mrs. Patterson. The is of so delicate
nature permit publication of the evidenc,
! in detail.
The place to get useful holiday presents
is at P. II. Washam & Co.'S great clothing
store Go and see the fine goods.
Flour.
The Franklin Mill Company are now
handling Greenfield flour, which they will
sell at same price as they sell their OWL
make. Parties wishing Greenfield tioul
will do we'll by calling on them.