The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1897-03-04
SOME REVERSES.
ALSO A NUMBER OF FINDINGS
THAT WERE SUSTAINED.
Circuit Court Hands Down Decisions
In a Number of Important Law
suits-Rtferee Hartsr Sus.
tained in the Crocker Case,


suits-Rcf feree Bartsr Sus.
tanned In the crocker Case,
Circuit court judges heard the appeal
case OF the Joseph Meyer heirs VS.. James
Phillips ct ux, Wednesday, aud decided
in favor Of the plaintiff and dismissed
the case. It was one involving the title
to land In the Meyer heirs addition.
Court then adjourned until Saturday
morning at $3.50 O'Clock when decisions
will probably be rendered. Several cases
in the assignment have not yet been
heard
Decisions were handed down by the
Circuit court Saturday forenoon IN the
cases whichhave been argued before them
during the past ten days.
The first case was that Of A. Taylor
& Son VS.. Lorenzo CroCker ct al, which
was heard before Referee Harter and in
which he found Judgment amounting
TO about $4,000 for the plaintiff. The
case was heard on exceptions by the Cir
cult court but the decision made by the
referee prevailed
Ia the case of Harrison Criswell VS..
John f. Criswell OF al, brought up on
an appeal from Judge Tayljr's court, a
suit for dover, the decision of the lower
court was reversed by Judge Adams.
The case of George J. Smith vs.
Thomas W. MoCue fJr malicious pros
eoution in which the lower court, through
Judge McCarty and jury, found for the
defendant was brought up on error,
charged in the courts delivery Of the
charge to the jury. d. There were six er-
rors claimed and one found by the Cir
cult court and the case was Iemanded
for trial.
In the case Of ; lomon Simon, trustee,
who was responsible for bills for liquor
contracted by Frank Sohnell, while man
aging the Barnett House, the Circuit
court held that S'hnell was proprietor
and alone responsible for the amount
due, affirming the court below.
In the case Of Casper J. Falla VS.. Lizzie |
Aston ct al. to determine prioritias of
liens, il was decided that mortgage |
of the Central Savings bank was first, |
the vendors liens second, and the me
chanios lien third. This was victory
for Falls, the lower court having placed
his liens as third.
The partition case Of Theresa Reigler VS..
Helena Holzen ct al resulted in rever-
sal of the lower courts decision.
In that of Amelia Douds vs. The Odd
Fellows Insurance Company Oh ques-
tion as to the proper service of summons,
the Circuit court found that the lower
court had erred in its deciion and it
was remsnded for trial.
A motion to set aside an alleged illegal
appraisement in the case Of Joseph Mat
thews, plaintiff in error, vs.. the Central
Savings bank, was overruled and this
was a confirmation Of the lower court's
decision.
In a question involving the validity Of
A deed of assignment aud the jurisdiction
Of the Probate court in the case Of the
Davis Carriage Company vs. The Leader
Manufacturing Company, the Circuit
court decided in favor of the plaintiff and
dismissed the case at the cost of the de-
fendant Exceptions were noted.
The decision of the lower court WAS
reversed in the case of Be4 4jsmin f. Shull
VS.. Forest Strong, an appeal, praying to
set aside an illegal transfer of property
'orm the defendant to his wife IT, evads
paying judgment. The circuit court
held that the transfer was illegal.
After these decisions had been handed
iown, the court adjourned sine die.