The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1893-01-12
COURT COMMENCES.
JUDGE N'cARTY OPENS THE JANUAR.
TERM THIS MORNING.

Grand Jurymon on Handsome I'm.
portant Cases Filed in Common Pleas
Court Today Christy aud Noel Assign
in Probate Coutt-other Interes,ins
Court House News.
The January term Of common pleas
court opened this morning with the cali.
ing OF the docket by Judge McCarty. An
unusually large humber OF cases were
marked for trial, and the term promis, q
10 be n busy one.
The grand jury will be sworn In this
afternoon, and tomorrow the petit Jury
will appear aud be assigned to duty.
Judge Fawcett will also open probate
court this sfternoon by commencing the
bearing for tue adjusting OF the claims for
| dsmaRes Against the city brought by Court
etreet property o~uere.
AFTER THE CITY COUNCIL.
An important sul Wss commenced in
common pleas caurt today by Miller q
Pomerene for the prop, rty owners on
South Mark ct street xtrnsiou from the
fork in the road to The southwest corpora.
ton line, x .iUst tlt city ~ Canton and
Clerk Lichs.uwS,tsr. The property own
ers sue TO obtain Gu jriu cton 10 restrain
the clerk from pinciHs "a 7O3.63, the cost
of improvluG sac stree, Ip III the tax du-
petition guls OH 81 recite that the city
council passed u certain resolution calling
for the improvements of the street by grad.
ing according 10 certain specifications
The oontrsct was l-t 10 John Nhae.s eud
he went 10 work, but the peti,Iouers de-
clare that he did not more ths nNlf do bis
work. II Is stated that the sua"t is not
graded ss vide as the speciflcn one called
for and that in other ways thH cu ,wacs
was not lived up TO.
The property owners also stats 'hag the
council proceeded illegally - cDarRe
them up with $50 for 'unnecess. legal
expenses, and that they grayeird the street
at cost of 900 without advertising for
bids and in oiherways heaped w big bin
OF over A,700 which they propose 10 col
lect from the property holders.
The case wac brought up before Judge
McCsrly this morning hnd lie granted a
temporary restraining order t. Keep the
clerk from collecting thee assessments or
adding them TO tho tax 6uplicale, again
the properties sbuttinS on the steeot, The
matter promises to bring on a pretty hot
fight when 1t comes % trial.
WANTS HEAVY DAMAGES.
John Zimmerman, proprietor of the Ca
sino, has sued the Reyman Brewing Co,
for reformation OF the lease under
which he holds the Lake Park
property as a tenant. and for "a 400 DANA
ESb lOT uEchCD OF COuIfdCk' f1B says lIle
written lease does not contsi In some things
in the agreement by which he took control
of the property. and he wants these in.
serted. Then he sues for damages on
seven counts. He claims the Brewing
company was to provide boats to carry
passengers across the lake to his side, but
did not do IL; thst the roads leading to the
place we're TO be fixed, but were not; that
the company agreed to sod the ground
and gravel the walks but neglected il I;
that a bowling alley wac 10 he constructed
and kept in repair, but it was notldone /;
that the roof of the building leaked ana
was not repaired, md that the company's
beer furnished him was not good. For all
Of these things be asks S4 400 damages.
Nat McLain aud Welty and Taylor are
his attorneys.
THE SHEARER BLOCK SOLD.
Sheriff Krider on Saturday sold the
Shrarer block on North Market street at
public auction TO satisfy the judgment In
the partition case Of Adelaide Shearer VS.
Frank Shesrer. The property was y:
praised at S2l 900 and II sold for S20,435,
The purchaser were Frank Shearer and
j. L. Arnold.
CANDY DEALERS ASSIGN.
ChriSty q Noel. the wholesale and retail
confectioners OF North Market street,
today made an assignment ia Probate
Court to John Noel, the father of the
junior member of the firm, for the benefit
of creditors, The asSets and liabilities are
about S25O0 each.