The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1892-03-10

Captain Housel, One of the Numbers of
the Firm, Leaves For the East in Search
of Health. -other Items of Interest From
the Court House.
A case was filed in common pleas court
today which is giving rise to considerable
comment. The attorneys in the case are
Baldwin q Shields The plaintiff is Ed
ward Il, Haymaker aud the defendant
Hiram H. Housed. The petition sets forth
that the contendiDg parties entered into
partnership April l, 1887, and have since
that time conducted general livery busi-
ness. They are possessed OF property in
Court street aud besides have % horses,
20 carriages, coaches, busses, harness,
whips, robes, etc, all 70 the value of fully
$4,000. The petition AYERS that the busl-
ness has been profitable and that the firm
has debts not ~ eAcecd $1,000. The plain.
till states that Housed has kept the books
Tor the firm and has received all the
money of the firm. IL IL alleged that the
books have not been properly Kept and
that defendant has received and failed TO
credit several thousand dollars. II Is
further alleged that plaintiff demanded an
explanation OF the discrepancies aud has
received no satisfactory answer. The peti.
tion sets forth that defendant, without Hay.
makers knowledge gave notes signed by
the firm, to various b inks, the said notes
aggregating $500. Plaintiff states that
pressure has been brought to bear upon
him to permit the firm to pay the notes on
account Of injuring the credit OF the firm
IL the notes we're permitted 10 90 to pro.
test. Ii is stated IN the petition, and the
statement tends to SLOW that there are
two sides to the cas-, tiot Housed claims
that the flrm owes him $4,000 which he
has paid out to carry on the business.
The statement is followed by au alIega-
ton that If Housed had credited himself
with all amounts taken out Of the busi
ness 1t would be found that ne Is indebted
to the firm in the sum of several hundred
dollars, instead of the itrn owing him
$4,000. The petition asks for the appoint
ment OF a receiver. Application will be
made to Judge McCar y on Monday with
that end in view. Il is understood, and
the authority is uudoubteC, tDat the firm
Is in excellent tiuauCia! condition AM
amply able TO pay any indebtedness which
may exist
Mr.. Housel left for the east last night.
He IS IN very poor health and is seeking IA
cODgenial climate where he hopes TO be
restored 10 uis former physical cOLdition,
His many friends nupe tn I he Will be
fully restored. The present trouble is
due merely to disagree ment among
partners, a condition Of thugs which
often occurs. Mr.. HaymaBer accompa
nied Mr.. Housed 10 tie trAiu. Summons
had been served upon M. Housed b u,
two hours before III. ltpNr,urs,
DIVORCE CASE,
Attorneys Cook ard Wise, acting for
Adam Shafer, a yCuIC nau who lives near
Bolivar, today commenced suit in COM
mon PLEA court for divorce fir, IN Sarah
Shafer. The petition sets forth that the
couple were married In December, 1890
but that since April, 1891, the wife
has refus el to live with her husband, and
Eetused - speak to Linn or have any thing
70 90 with him, although IN re is no cause
Tor such action. The petition further states
that the plaintiff was inv. iyled into The
marriage 5y the false representation on
the partot the defendant, that ste was
anout 10 become mother, and that he
was the father of the infant He states
tue repreSenlauon was not true, that che
mas not become a mother, and be now
wishes 10 secure a divorce, as she will not
live with him.
PARTITION SUITS.
Henrietta Combs, by her attorneys Bald |
win d Shields, has filed a suit aratnst |
Emma ). Louusburry ct al. The plaintiff |
states that she is Sc zcd in fee simple of
the undivided Is or number of
parcels of land ana property in Canton,
8 sue oelng Que OF tue heirs at law of Ann
O. Selss, lately deceased. She asks that
her portion be + off in severaIty and that
partition of property be mude.
emanuel Myers et al have flied q suit
against ChOphus Ering et al Il is desIr-
ed tnat partition be made of property in
township.
OTHER COURT MATTERS.
The Stoner & Abbott Manufacturing
company OF illinois, by Attorneys Miller
Z Pomerene, bring suit for S6i5, against
}. b. burkhart of Canton. The action is {
'rought on account. {
Attorney Mclean has filed suit for his
clients John O Moore & Co. Of this state, 6
against Millsr & Co. auu Joseph Conrad | a
he amount involved isSlO5.76, Plaintiffs I
Isk that defendants set 40 what property I
hey oTn and also ask that they be en- +
2ined from dlsposing OF any of it until c
he debt is satisfied.
CRIMINAL ASSIGNMENT.
The following assignment of criminal Z
ases has been made:
Monday, March IA, Ohio VS. William E.
russell, assault.
"Wednesday, NJ arch 10, Ohio against | I
harles Hawkins, charged with murder in i,
he first degree. He slew Annie Lacy, h
Monday, March 81, Ohio VS. Clinton L, | a
-ndreas, charged with mauslaughter, he a
lew Francis Machamer, a
SHERIFF SALES. e
Sheriff sales were made today as fol- +
lws:
Tine Hurford farm, six miles southeast
I Canton, 80 acres, sold for S2,45O. An
ther tract adjoining, containing 80 acres I
old for 81, 500. These sales were made
or the executor OF the Hurford estate.
The grocery store Of Joseph M. D'Ost-
oph in East tusCdrawas street was sold q
D W. p. Martin for 1925. o
The Almond Loutzeuheiser property on v
Duth Cherry street sold to Frank Fete q
or 81, $50. q
CIRCUIT COURT DECISIONS
In circuit court this morning the time r
'as given over to rendering decisions, y
udge Eollett was not present on account
I having to wait for trains. Before he
sft, however, he made all entry to the
IT ect that in the case of Alice N. Miller
gainst Hiram Doll treasurer, the findings
I the lower court were reversed. The | n
,wer court had decided that the treasurer \,
ad right TO go ahead and collect taxes
gainst the property OF Alice N. Miller, in 81
le sum Of S3,5l5.99. The circuit court, IL
fter hearing the arguments in the case a
oncluded that the treasurer had no right T
collect the said amount and decision | q,
as therefore made to that effect. Judge | iT
lbaugh delivered the opinion. r.
The second case taken under considera. | Il
on was that Of the P. Ft. w. d c. X. r.
o. against G. L. Chapman. This case
anne To the circuit court on appeal. The
was with regard to the alleg-
fact that Chapman was erecting a 2
uilding in Alliance and the claim was 5
lade that the building was being erected Il
n the property of the plaintiff, An
junction had been granted 81
sstraining Chapman from erecting the Ii