Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1884-05-01
DISTRICT COURT.

"A
VIM II Frazier, Joseph c Hance, St.
Clair Kelly and John ) Pearce. Judges
of said court; Hon 81. Cla'r Kelly sitting
as Presiding Judge. but not participa-
ting in the bearing of cases.
Cases were heard and disposed of as
follows:
State of Ohio ex rel. Carlos G Kelly VS..
Geo Criswell, J. 2. Alternative writ OF
mandamus allowed against the defend
ant t. compel 6im TO accept an appeal
bond and certify transcript of his
record. and case continued.
Conrad Troll VS.. Edward l. Feelry,
Treas. OF Belmont Co: appeal from com
pleas; temporary injunction against the
collection of tax assessed 10y the Village
of st. Clairsville for the construction oil
the st. Clairsville & Northern railway.
dissolved and petition dismissed ut costs
of plaintiff. Motion for new trial
overruled. and plaintiff excepts.
Isaac Neiswanger VS.. Edw rd l. Feeley,
Treasurer. Appeal from common pleas !;
same entry as the preceding case.
Alex A Allison VS.. Simon Donley Ell
al. Appeal; dismissed for want of
prosecution at costs of plaintiff
Mary Sherry, exr'x.vs. Robt II Sherry
Appeal; petition dismissed without
prejudice at costs of plaintiff Cross
petition of Peter Welty dismissed at
his costs at the trial of the issue between
him and Robt II Sherry; Welty excepts
Abbie Defenbaugh ct al. VS.. John A
Mayhugh, admir- of Milton II Coffman,
decd; error; judgment of common pleas
~
excepts.
In the matter of the estate of Isaac
Jarrett. decd; Judgment of common
pleas against John McKissen, admir-,
affirmed with costs; defendant excepts.
The Monroe Bank VS.. V P Gorby ct
al. Appeal; case continued.
David McKelvey ct al. exr's Thomas
McKelvey, decd. vs.. Robt McKelvey eL
al. Appeal from common pleas; 18th
item of will construed. Brothers and
sisters of the testatOr, each entitled to
one+eigth of the residue of the estate
undisposed of by the will. The heirs of
deceased brothers and sisters of testator
to receive the share of their parents.
Executors ordered to distribute the res
idue accordingly; executors to pay costs.
Motion bv Ju sc Okey, attorney for
certain heirs. for a new trial, overruied !;
exception noted.
Redmond d Walsh vs.. The Bellaire
& st Clairsville Narrow Gauge railway
Co. ct al. Appeal uy R E Chambers and
l. Danford; cause cOntinued-papers
lost
Geo D Smith VS.. Jas Brown and VIM
+ Ball; error; judgment of common
pleas affirmed, with costs; plaintiff OK
cepts.
Elmira James ct al. VS.. Robt Dyer
error; judgment Of common pleas affirm
ed with costs; plaintiff excepts.
Eli Moore, admir-, of Thos Moore, decd,
vs.. Asa Garretson ct al, adm'rs Ezey
Moore, decd; appeal; decree that the
nearest blood relatives, being nephews
and h.eces, take the proceeds per capita,
to be distributed on the death of the
widow of Thos Moore, decd; costs to be
paid out of estate; exceptions noted.
David Thorburn ct al. vs.Ed l. Feeley.
Treas. Appeal from common pleas by
defendant. Injunction made perpetual
against the collection from plaintiff, vi
the tax levied for the construction o1
the Martins Ferry & Mt Pleasant ont
mile assessment free turnpike; each
party to pay the costs pade by them
respectively.
Alex C Ring VS.. Marx Albert ct al
appeal; settled and dismissed at cosls oI
Melissa Albert.
Eliz. Johnston VS.. Robt Mehollin Ell
al al peal by plaintiff from com. pleas.
Finding that the deed from Rubt Meho-
In to his wife Cecilia MenOlIn, for 81
acres of land in Richland tp, although
absolute upon its face Is ID effect =,
mortgage, and that she has The tirsL lien
On the same for money advaucrd with
interest, to the amount of $3lS4 90 ;thaI
plaintiff has the ID lien for S3l7l 7S, for
the payment of which Robt Meholin s
equity of redemption liable to sale as
upon execution, subject to his lawful
exemption. Decree accordingly and or
der of-sale to sheriff, returned ato court
of common pleas; plaintiff sxcepts.
The Pennsylvania Co. rs. George w
Scbell, admir-. Error; Judgment of CON-
pleas reversed for an error in ov- rruliug
motion for a new trial, with costs
against defendant in error. Exception
noted.
ment of common pleas affirmed. with
costs; plaintiff excepts.
Jas W Gray VS.. Jas Kerr; error; de-
cree and judgment of common pleas
armed with costs; plaintiff excepts.
Jas a Barnes vs.. Albert ] Bowers
error; judgment of common pleas charg-
ing plaintiff in error with liability for
damages received in suit upon his
official bond, as Recorder, affirn ed with
costs; plaintiff in error excspts.
In the matter of the settlement ac-
count of H F Bowers, ex'r Of Danel
Laws, decd. Judgment of commos
pleas court against II Bowers, ex'r,
affirmed, with costs; plaintiff in error
excepts.
OJ Swaney, admir- of John H Heaten
vs.. Thos Osborne. judgment of com.
pleas court in favor of Thos Osborne
aid against o j Swaney, adm'r. for
S2O66 so, with interest from Nov Z, 'S3,
affirmed with costs; plaintiff ia error
excepts.
Wm II Morton ct al. VS.. Chester d
Hubbard; judgment of common pleas
affirmed with costs.
The Pennsylvania. Co. VS.. Mary J
Meek, admr'x; error. To reverse the
judgment of common pleas for damages
resulting from the killing of George w
Meek by the cars at Bellaire. Judgment
reversed with costs, for error of the
the common pleas in not Withdraw wing
case from the jury when the plaintiff
below rested her case, and not rendering
judgment against her for costs. Admr'x
excerpts.
Samuel Braiden VS.. John T Mercer,
guardian; error; judgment of common
pleas affirmed with costs. Samuel
Braiden held liable as surety upon the
bond of NJ w Junkins. guardian of his
children Maggie and Bessie Junkins.
Schmulbach Brewing Go. VS.. Elizabeth
Archer; error; Judgment of common
pleas affirmed with COSTS
August Kukuk VS.. Louisa Dickescheid
ct al. In partition; appeal from common
pleas; same finding and decree. Heirs