The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1896-03-19
THE CIRCUIT COURT
HAND DOWN THEIR OPINIONS
WEDNESDAY EVENING.

The Decree of the Lower Court AfIirm
ed in the Hartzeil Case Except as to
the Amount of Bene fits to the Plain.
tifTs-In the Automatic Music Co., VS..
John Simonds Judgment Affirmed
In MouIder VS.. c., L. * 8. II. n. Co.,
no Error Is Found-Other Cases of
Interest.
The circuit court having flashed their
labors for this term, handed down their
opinions on Wednesday evening. The
most important case was the apeapl Of F.
H. Hartzell and twenty other citizens
agains the City Of Alliance. The city
council improved Arch street and the
abutting property owners enjoired them
from collecting their assessments. The
decree of the lower court was affirmed ,ex-
cept as to the amount OF benefits to the
plaintiffs which is made $3.50 less. In
passing on the case the court held that
the material used in the improvement
was not the kind called for in the con
tract The flag used was of an inferior
quaity and the gravel was not "Clean
coarse gravel" The court also found
that the city engineer had never officially
approved the work. The court held,
however, that the action of the city
council was in good faith.
The case of the Automatic Music Co
against John Simonds, was appealed to
the circuit court The music concern
sued Simonds TO recover the price Of a
music box. Simonds resisted payment on
the grounds that the music box was a
failure on account of the automatic at
tachment refusing to perform its func-
tions. The jury found for Simonds and
the circuit court sustained that decree.
In the appeal case Of the Home Savings
and Loan Co. against William Gallatin
and others, the amount involved was
s54S.79. A decree was entered, but a
question arose as to the priority Of claim
in the distribution. The circuit court
declined to interfere with the Judgment
of the lower court, and it remains.
The case of Jacob Mouldor against the
c. c. & S. railroad, went up on error
Moulder was injured at Minerva and
April 10, 1895, secured a verdict against
the company for $500. The decree of the
lower court was affirmed by the circuit
court, no error being found.
The case of John F. Koenrioh against
the Canton Saw Co. was taken up on
error Koenrich was hit in the eye with
a flying piece of wood while engaged at
his work, and brought suit in the ground
that the saw had not been provided with
a protecting device, and that the company
was liable, owing to that fact. The jury
found for Koenrch in the sum Of 1875.
The defendant attorneys alleged error. and
the circuit court sustained that allega-
tion reversing the decision of the lower
court
In the error case of Sample G. George
against George d. Saxton, much interest
couple of years ago against Saxton, the
plaintiff alleging that the defendant had
alienated the affections of his wife and
for that reason he was damaged in the
sum of 100000. Subsequently the action
was dismissed without prejudice. A
later action was commenced and the de-
fendse filed demurrer, insisting that a
new cause Of action had been set up in
the second case, and that it could not
stand. The lower court sustained the
demurrer, and dismissed the action. The
case was then taken up by the plaintiff,
error in the lower court being insisted
upon. The circuit court, in passing held
that no new cause of action had been set
up and the decree of the lower court was
reversed. The case will now be assigned
for trial in the lower court on its merits
COMMON PLEAS COURT.
Jos. S. McKeen has commenced action
for a divorce from his wife, Sarah f..
hChCcu' plul lUll says nb WAS
married to the defendant in Clayton, N.
j., December "a, 1884; that she aban-
doned him in 1894, and at her request he
subsequently sent her money on her
promise to return to him, which promise
she never kept, She is charged with
willful absence Robert j. Folger Is
plaintiffs attorney
Alexander Carver, as assignee for
Matthias Clemens, of Navarro, has
brought an action against the unknown
heirs of Peter Theobald, Michael Wagner,
Loew g. Waller and others, to quiet a
title to land which plaintiff claims be-
longs to him as assignee. The defendants
claim to own interests in the property,
but plaintiff denies that said heirs have
any interest whatever in the land, but
that their pretended claim constitutes a
cloud upon the title of said premises, and
therefore prays court to adjudge and de-
cree that defendants be required to set up
title on interests they may have, and that
"a master commissioner be directed to ex-
g cute conveyance of any Of the alleged