The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1896-03-05
SHARIO WINS.
The Circuit Court SuStainS the
Lower Court.
Nice Points Involved in a Street
Improvement.
Error Entirely Insufficient For
a ReyerSement.

Other Decisions Handed Down by the
How the Rulings of the Lower Court
Were Treated.
The circuit court handed down large
number of decisions Friday morning on
cases it considered this term. Many of
them are of interest only to the litigants.
In the case of Cornelius Finch ct al
VS.. the City of Alliance, brought up on
appeal from the lower court, the plaintiff
sought an injunction to restrain the city
OF Alliance from connecting sewerage
system with creek owned by the plain
tiff and others. This case has been agi-
tating Alliance for some time. The
court, on full inquiry, granted the in
junction. This will necessitate change
in the plans of Alliance officials.
In the case of Louis M. Pontius VS..
Trustees OF Plain. township, the court held
erroneus in that the wrong remedy was
prescribed Pontius is the man who al
lowed carcass to remain on the road
the trustees. The trustees removed it and
sued for its expenses. The case was
carried up and the common pleas court
sustained the justice Of the peace. The
circuit court reversed both judgments,
holding that the proper remedy was a
criminal prosecution and damages from
the county treasury.
SCHAKIO WINS.
In City Of Canton VS.. William +.
Schario, the petitioner in error pleaded
that the lower court erred in charging
the jury and that the verdict in the case
was unsupported by the evidence. This
is the case that Schario brought against
the city some time ago for damages to the
extent Of So 900 for injuries received in
cutting down the sidewalk in front of his
lot Some fine technical points were
raised in the case. The court, after an
able review, held the point of error in
sufficient and affirmed the decision Of the
lower court.
AFFIRMED.
In David Miller's executrix VS.. Lemuel
W. Miller the petitioner in error urged
that the town court erred In admitting
certain testimony aad also raised some
points in regard to the consideration of
the notes in issue, amounting to 81 ,466
in demurrer Of the defendant In error, the
court, among other things, held that the
plaintiff was by her own pleading estopped
from denying the notes and affirmed the
decision Of the lower court.
III Buffalo Rubber Co. VS.. Hiram Doll,
judgment was reversed.
Charles Il. Reinoehl vs. Jacob j. Pow
ers, Judgment was affirmed.
REVERSED.
In Frank Mckinney VS.. Champ VS.,
Lawn Rake Company and in kamelou
j. p. FawGett, receiver (the cases were
combined) the court reversed the decision
of the lower court
In Rachel A. Bloomfield VS.. James N.
Walker, Mason Craig, Alpheus S. Bloom
aeld and Thomas A. Bloomfield, the court
dismissed the petition, Judge Adams not
concurring. The suit was for an estate
amounting to $4,000.
In John Braithwait VS.. Chas. A. Krider
for the recovery Of $40, taken up on
error, the court reversed the decision of
the lower court end awarded for the
plaintiff
In A. NJ. jackson, constable of Canton
township, VS.. Charles W. Ream, the judg-
ment Of the court was affirmed.
The remainder OF the morning was de-
voted to hearing Of motions b. counsel,