The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1897-03-04
THEY ANSWER.
THE STATUTE OF LIMITATION
COMES INTO PLAY.
Assert That Mr.. Boerner Should Have
Made His Claim known TO the
Executors of the Matthews
Estate-Important Case.

Executors of the Matthews
Estate-Importsut Case.
The answer cf the latter named defen'
dants in the case nf Leonard Boerner vs.
Dominick Tyler and Charles II. Mathews
aud Matilda Matthews administrators of
che estate OF J seph Matthews, deceased,
yyas filed with the CLERK Of courts today
by their attorneys, Day Lynch & Day. IL
is admitted that plaintiff presented to
chem the claims upon the notes described
so the petition and that they refused to
allow or to pay same But the defend
ants say that II the pliihtif had any
right OF cause for action against the es-
cate Of Joseph II. Matthews deceased, the
same accrued to plaintiff within one
year from the time the Executors of the
will gave bond: but as four years have
elapsed before any action was brought no
right exits to bring it now and the plain
tiffs are entirely barred by law.
The answer further says that If j. IL.
Matthews, since deceased signed the
notes in question he did so merely as
surety for Tyler; and for various reasons
set forth these defendants decedent aud
mis- estate are not liable upon said notes
hence 1t is prayed that the court dismiss
che case.
It will be remem bered that this Is the
case brought against DOminick Tyler ct
al. by Leonard Boerner to recover on
three notes for the sum Of sc, 900 which, as
plaintiff claims, we're extended from year
to year " without his knowledge.
The answer Of Dominick Tyler has
not vet been fled and the time for so do
ing expires tomorrow.
The case Of Louisa Hoover VS.. Isaac
Hoover for divorce, tried Before Judge
MoCarty Thursday, was concluded late
in the sfttrnoJp. The judge will give his
decision Monday morning
Three divorce cases were disposed of this
morning 10 about as short time as it
takes 60 get married.
The case Of Mollir Everett against VIII
liam Everett was dismissed by Judge
Nc Carty, when it developed in testi-
mony tfrertd Il at the defendant hos only
been absent from his wife six months.
The divorce suit Of Ida Hahn VS. Charles
Hahn, brought by Squire Fulger, met the
same fat. 1t was q willful absence case, |
but the defendant had been away only
Wo months.
That Of Catharins Storms vs.. william
RI. Storms, was heard on the grounds Of
willful absence. Attorney J. c. Both
well produced evidence to the effect that
def 5ndant had been absent three years
and the divorce as granted
Charles Behrer, who runs saloon in
South Market street, near the Fort
Wayne railroad, was arrested today by
Marshal Kelley of Cleveland, charged
with selling liquor without paying gov
ernmert license. A preliminary hearing
was held lefore Justice Foyer in court
room Nc 2, and BeeIer wRs bound over
so the April term of United states court
gi ng bond for $500 for his appearance
1t tapptars that Behrer had arranged
wi th Gorlieb Eicher to send flr license
and was expecting it daily. When ar
rested he referred to Mr.. Eicher and then
learned that the latter gentleman had
forgotten to attend to it, The case will
be settled.
Sherff Doll and Court Bailiff q. d.
Ii kfna |
bus having taken three prisoners to the
penit entisry. MI Hauptfuer says he
had q talk with several prisoners sent
from Stark county.
j. b. Mioheie', whose health IVES bad
when sentenced yeaI ago, is cleanly
shaved and is getting fat and healthy;
and is working in the shipping depart
ment He has served long enough and
ieported himself In manner 80 that in
. few days he will be relieved Of his
stripes and given citizens clothes.
The man McVeigh, sentenced some
iime ago to ten yssrs' imprisonment for
inducing little girl 20 run away with
hi m and come ID the Union hotel in Can
ION against her wishes; has been pro- ,
noted TO fJremanship in the tobacco
works of the prison. Sixteen prisoners
Vee received yesterday beside the three ,
rom Canton, who were Ward, Moore and
daItin.
William Ward sentenced for five 7
ears; william Martin, two years; and (
AIVs Moore, one year were taken to the
leidtentiary today by Sheriff Doll and
Court Bailiff @. d. Hsuptfuer.
The case of John F. Miller VS.. J. W.
has been assigned for We'd
lssday morning of next week in court |
oom No, before Judge MCCarty ana I
ary. This is suit for $4,000 dam I
Iges for alleged alienation OF wife's I
Elections. The parties to the suit are we'll |
Inown Osnaburg farmers of wealth.
gone of those interested in the case are {
,Oing to the Inauguration and the suit /
will certainly come to trial. Attorneys 4
snYder, Welty g. Albaugh and McCsrty '
spresent the plaintiff and Sterling & {
ssrntz the defendants. I
Otto Giessen's Will Filed. /
The will of the late Otto Geissen has a
laau filad for nrphata Tn AZ the xyi1ovy