The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1896-05-28
DID NOT QUASH.
THE J. w. MYERS CASH WILL
BE TRIED IN COURT.
Judge McCarty Hands Down Several
opin: ons-A Divorce Wanted by an
Osnaburg woman-Matters of
Interest From the Courts.

Judge McCarty made few decisions
on cases of Importance this morning.
In the case of Ohio vs. John W. Myers
where a motion was made to quash the
Indictment for embezzlement, the motion
was. .overruled.
In the case Of the Combination Lock
Company against Samuel Burgert, the
defendant is held liable for stock in his
possession.
The,judge decided in the case of Som
mer vs. Oyster that the defendant heldia
valid lease on premises, and the injunc-
ton was dissolved. A hearing on the
question of damages will come hereafter
A-judgment of $3.50 and interest was
given the defendant in the case of Jacob
Hoover against the Novelty Iron Com
pany.
! Sarah Hossler has commenced action
against Hiram B. Hossler for divorce,
alleging failure to provide, abandonment
and cruelty. Plaintiff says she has a
homestead in which she resides In Osna-
burg and prays that defendant be forever
barred Of his dover interest In the home
stead. The Central Savings Bank and
Joseph Dick are made defendants In the
case because they have money belonging
to the first named defendant The court
is asked to order them TO pay over GER
tain amount to apply on alimony which
she wants besides divorce. Sterling &
werntz are plaintiffs attorneys
Mary NJ. Palmer has sued Samuel
Palmer to recover 5000 alleged due on a
promlssory note. Plaintiff says she and
her husband sold the defendant a property
for $3.50, on which there was balance
unpaid of 5000. She has lien on it and
wants it sold to apply to note which is
long since due. Nat G. & ]. S. McLain
are plaintiffs attorneys.
Mary A. Mishler has commenced pro-
ceedings for divorce from her husband,
William A. Mishler, alleging cruelty and
infldolity. Meyer, Piero 81 Winterhalter
are plaintiffs S attorneys.
A special demurrer to the petition of
c. f. Rumpf has been filed by J. j.
Grant, NJ A. Norris and G. G. Bow, at
torneys for Stein and Swarz. The court
is asked TO strike out certain clauses in
the petition.
Judge MoCarty passed on the assign
ments of today in court room No. /. The
case of Charles A. Dougherty against
John Coburn ct al, which includes the
Dueber Watch Company, was postponed
for few weeks. In this case Coburn,
former employe of the works, and a
director, disposed of stock as security in
deal with Dougherty. When the latter
wanted to realize on 1t, the Dueber Com
pany claimed the stock was given Mr..
Coburn gratuitously, so that he could
become director, but that it was to be
returned and was not negotiable. This,
it is understood, is to be contested.
The case of Sommer VS.. Oyster was
argued in common pleas court Tuesday.
The plaintiff asks an injunction to re-
strain the defendant from mining clay
and coal on land owned by plaintiff, but
leased to the defendant, alleging defect
in the lease. Judge MoCarty has the case
under advisemeut
W. W. Clark, as trustee for creditors of
G. Aultman s. Co., has brought suit
against the American Mines Association,
Carroll f. Gates Walter +. johnson, AL
bert Ball and l.. NJ. Jones to collect
81 900 alleged due on a promissory note.
In the petition it is alleged that johnson,
Gates and Ball gave their note for the
amount to Jones, and the latter disposed
of it to plaintiff, hence he is made one of
the defendants. Clark, Amber g. Clark
are plaintiffs attorneys.
Anton Kopp has sued Mary e. Brigham
ct al to collect 1896. 40, alleged due on
promissory note, secured by mortgage.
Frederick Pfaffle is made a defendant
because of claim to prior mortgage on
the property. A judgment and sale of
property Is prayed for. Sterling e.
Werntz are PLAINTIFFS attorneys.
Solomon Simon, as trustee for j. L.
Simon, OF the Penn Liquor Company,
has sued Michael and Margaret Burke ct
al, to recover a judgment of $3.50. SO
granted by court. Parties having claims
on certain property owned by the defend
ants are asked to state them and the
court is asked to make a judicial finding
in the condition Of affairs. Clark, Am
bier g. Clark represent plaintiff.
Probate Court.
Estate of Ellen Ney, Canton, private
sale Of personal property ordered.
Guardianship Of Arthur Wilmer ct al.
Canton, petition to sell real estate filed,
Notice ordered.
Guardianship Of Maria AntIam, Wash
ington township, final account filed.
Estate of Anna d. Holtz, Massillon,
widower elects to take under will.
Estate of Mary A. Furney, Canton, ex-
ception to final account filed.
Estate of John S. Bour, Canton, in
ventory and appraisement filed.
Estate Of George s. Breitling, Canton,
will admitted to probate. George W.
jain and Christina G. Breitling appoint
ed executors.
Estate Of Joseph Maudru, Washington
township, final account and resignation
filed and RESIGNATION of executor accent
ed.
Estate of James Suter, Massillon ap-
c.dnraa A ranrni snIaanxat Of tho