Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1879-07-17
COURT REPORT.
Judge 0KEY, Clerk DARRAH and Sheriff
HILLES, present.

to recover costs expended by him in this
behalf.
A H. Mitchell, assignee, vs.Wm. HOge
ct al. Sale confirmed. After payment
of liens it is ordered that an allowance
of $500 be paid to said VIM. Hoge in lieu
of a homestead.
Martins Ferry Building Association
VS.. Gilead Brown, ct al. Sale confirmed
Charles GrOZener VS.. Pennsylvania r
R. Co. Plaintiff is required to give Sc.
curity for costs and in default thereof il
is ordered that this cause stand dis
missed.
Charles p. Evans VS.. Charles G.. Clark
ct al Petition dismissed and plaintiff
ordered to pay costs. Plaintiff gives
notice that he will appeal this cause to
the District Court, which appeal the
Court allows upon plaintiff giving bond
of $780,
VIM. H. Clifford VS.. VIM. WarnOck, ct
al Motion to set aside verdict of jury
sustained and new trial granted and
this cause continued.
Mary Johnston VS.. A. NJ. Carter, admir-.
Cause continued.
John Dowen VS.. James r. Hunt, ct al
1dNOl VI lOA D<OVo
so.
John V. Webster VS.. John Brokaw.
Judgment in favor of plaintiff for S503
II.
Alexander Wiley, ct al. VS.. James Orr,
ct al. Error to the Probate Court on APP
peal from the order of County Commits
siOners establishing road. This Court
finds that there is no error in the record
and proceedings in the matter of estab-
fishing said road, and therefore affirmS
the order of the Probate Court establish
ing said road. Court finds that there is
error in the matter of taxation of costs,
and therefore reverse said finding and
Judgment as to costs. Ordered that costs
be retaxed and that defendant in error
be taxed with the costs of the first mo-
ton in the Probate Court to dismiss the
proceedings for irregularity, and also
that defendants in error be taxed with
the costs of the first view ordered by the
Probate Court and that the costs in this
court be paid equally by plaintiffs and
defendants.
Alexander Wiley, ct al. VS.. James Orr,
ct al. The Court finds that there is man.
ifest error in the record and proceedings
of the Probate Court in this case, to-wit:
The Court erred in sustaining the mo-
tion to dismiss appeal before the order
establishing the road had been made in
said court in the case therein pending on
appeal from the order of Commissioners
establishing said road. Finding and
judgment of Probate Court is therefore
reversed and this cause is remanded to
the Probate Court for further proceed.
ingS.
John Shillito & Co. VS.. J. P. Judkins,
ct al !; judgment in favor of plaintiffs for
1922 "a.
Barnesville National Bank vs.. W. q.
Telegraph Company; Court finds the
issues in this case in favor of plaintiffs,
and assess its damages at 81 90.
Madison Pryor VS.. Wilford l. Adkins.
Sale confirmed.
State of Ohio VS.. Casper PAUL. Defen-
dant, with J. B. Smith as surety, entered
into recognizance of $1,000 for the ap-
pearance of said PAUL on the first day
of the next term of this court.
Ettinger & Arnold VS.. J. P. Judkins &
Son; judgment in favor of plaintiffs for
1928 so.
Alex. Henderson VS.. James c. Moore
& Alex. Y. Henderson. A temporary
injunction against Jas. c. Moore is al
lowed, to be continued until further
hearing of this case, upon plaintiff CIV
ing bond and security in the sum of
$1,000.
Mary A. Denham VS.. Mary A. Morris
on, ct al. Court allows said Mary A.
Morrison the sum of $500 in lieu of
homestead, to be paid out of proceeds of
sale of premises.
Hiram l.. Warren, ex'r of John War
rem, deceased, VS.. Mary T. c. Hoge and
Geo. w. Hoge. Decree in favor of plain
tiff for $3227 80. In default of payment
Master Commissioner Shannon is order
ed to sell mOrtgaged premises.
Hooks Smelling Co. VS.. Bellaire I'M
plement and Machine Works. John III.
Sullivan gives notice of appeal to Dis
trict Court. Court fixes appeal bond at
$500. Report of Master confirmed.
Jas. w. Garrett VS.. VIM. Jackson. Mo-
tiOn for new trial overruled. Plaintiff
exceptS and given leave to file bill of ex-
ceptions.
Rebecca J. Bolon VS.. r. HI. McEndrec
Judgment on verdict for 800, each of
the parties to pay the costs by them
made, except costs of last term, which
are adjudged against defendant, to which
defendant excepts.
Butler, Earthart & Co. VS.. Uriah
Damsel ct al. Court finds that John F.
Davis is not entitled to any portion of
fund. Said Davis gives notice that he
will appeal this case to District Court.
Appeal bond fixed at $500.
70 w pun1u II Dn,uIao
Continued.
Jas. NJ. Talbot vs. Nimrod Burns ct
al. Judgment in favor of plaintiff for
$1352.
Samuel Smith ct al, Trustees, VS.. Jas.
County Surveyor appoint
ed to survey premises.
ThOs. LightfoOt VS.. VIM. X. Upton ct
al. Ordered that sale made under erro-
neous description of premies be set
aside. Decree of foreclosure and order
for sale.
Mechanics Build. Asso'n VS.. John Ap-
plegarth ct al. Decree in favor of plaintiff
for $24S.7O. In default of payment Mas
ter Comm'r Charlesworth is ordered to
sell mortgaged premises. Stay of order
until first day of next term.
VIM. II. Sheib VS.. Ella Roscoe ct al.
Judgment against Ella and Alice Roscoe
for $134.37.
Campsa Conkle VS.. Henry Conkle.
Divorce granted because of cruel treat
ment by defendant.
State of Ohio VS.. Terissa Campton.
Receiving stolen goods. Recognizance
forfeited. Motion to set aside said for
feiture continued to next term.
Schaefer. Judgment against defendant
for ss272.50. Order to sell attached prop
erty.
Mechanics Build. Asso'n VS.. VIM. .Por-
ter ct al. Court finds due plaintiff from
said Porter $53.75, and due defendant
Patterson $7S5. Decree of foreclosure
and order to sell premises.
Mechanics Build. Asso'n VS.. A. d.
Newland ct al. Decree in favor of
plaintiff for $1S2.57. In default of pay
ment Master Comm'r Charlesworth is
ordered to sell mortgaged premises.
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