The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1896-03-26
IN THE COURTS.
LEAVE GRANTED TO FILE AN
AMENDED PETITION.
A Massillon Youth Whose Attorneys
are Making a Hard Fight for Him
Abandonment Charged in hi.


are Making n Hard Fight for Hin
Abandonment Charged in a Di.
vorCe Case-Court Notes.
The case Of Alice n. Chance VS.. Robert
A. and Lewis Miller came up for hearing
before Judge McCarty Monday morning,
on demurrer. having been continued
from last Monauy. This morning the
demurrer was withdrawn and the plaintiff
was given until March 2s to amend the
petition as regards what had previously
been done in probate court The question
of jurisdiction in common pleas court
was raised, since the final account had
been filed in probate court and such
jurisdiction is TO be hereafter determined.
william H. Eddleman has sued Alice
+. Eddleman for divorce, alleging alan
donmont and further, that she attended
disreputable dances. {. c. Upham is
attorney for paintiff.
Ira NJ. Allen and Charles Brown have
sued J. n. McQuern and the Buffalo
German Insurance Company, to collect
a Judgment of S25O.6O. 1t is claimed
that the company is indebted TO defendant
in the sum of $3.50 and it is asked that
lnlS DC bppltu To n JuNBlutubs NtllN n
Albaugh are plaintiffs attorneys.
The case OF the State of Ohio VS..
Robert A. Miller, on the indictments re-
manning against him, was called up by
Judge Baldwin and Judge Thayer Mon
day morning, before Judge McCarty and
a request made that these cases be set
for trial at this term of court Prosecutor
Bow stated that two of the counsel as
ISOLATED with him had other engagements
which would interfere with their attend
ing to this case. The court decided that,
under these circumstances, the case
should go over until the next term Of
court
George Brown, thu boy convicted of
placing distractions on the Canton Mas
sillon electric railroad, was sentenced by
Judge MCCarty to the Boys Industrial
school until he was Of age, or should be
thoroughly reformed. Judge Frease filed
motion for suspension of sentence, stating
that he would file q petition in error in
the criminal court Bond was given and
sentence suspended.
Martin L. Brcker has fled cross
petition in common pleas court in the
case Of Michael Hrubell and the Isaac
Leisy Brewing Co. against himself and
others. He asks that he may be dismissed
from the case because he is not legally a
party to the suit. He also sets forth in
the petition, that he has been damaged in
the sum of 81, ,O25. 20 by reason Of being
made one Of the defendants. He prays
10 lie dismissed and asks judgment for
the above amount.Of damages. Nat c.
and J. :. Mclean are the attorneys
sAnnie Lewis has commenced replevin
proceedings in common pleas court
against Constable Frank Volt, to recover
possession Of a lot Of goods taken on an
execution against Carrie Strauch The
goods are valued at $500, and the plaintiff
AYERS that she was the rightful owner of
the goods at the time the,eXeCutiOn was
issued. She asks that she may be given
possession Of the goods She also al
leges, in the petition that she has sus-
tanned damages in the sum Of S4OO by
reason of being detained from possession
Of the goods and asks Judgment in that
amount. Clark, Amber & Clark filed the
petition.
A motion for a new trial of Charles B.
Miller vs.. The Handy Wagon Company,
was overruled by Judge McCarty.
The case Of A. H. Bair VS.. W. H.
Clapper for new trial, was continued.
The case Of Robert Ray vs. the Miner
4 WalCOtU Co., was continued.
t In the case Of Frank II. Ewing VS.. the
Prudential Insurance Company, Judge
McCarty overruled the motion Of defense
to the petition. The petition set forth the
facts that VIM. Z. Ewing, to whom the
policy was issued, was known by the de-
PENDANTS to have been sick at the time of
application for insurance, he suffering
from heart disease, BrighU's disease and
other ailments the defendants knew at
the time Of the delivering of the policy
that he was suffering with these diseases. !
They received premiums for one year and
knew all the time that he was unfit for
insurance The boy died July T. 90 |
The plaintiffs asked for judgment on the |
amount of the policy. The defendants de-
INJURED to the petition, however, ,acknowl- |
edging the above facts to be true but