The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1897-01-14
THE COURTS.
TWO DIVORCES GRANTED BY
JUDGE M'CARTY.
All the Parties Concerned are Canton
People - Several Other Matters
That are Occupying the Atten-
tion of the Courts.

People - Several Other Matters
That are Occupying the Atten-
tion of the Courts.
Gotlieb Homesack has sued Charles
Diebold, Frank Darr, justice of the peace,
ct al, to recover wnges and damages
Plaintiff says that the justice of the
peace gave Diebold a Judgment against
plaintiff without letting him know any
thing about the proceedings. Plaintiff a
wages at the Deuber works, to the
amount Of s26, were paid to the constable
on written order from the court. This
Is alleged to have been irregular and
hence suit is brought enjoining the de-
fendant justice of the peace from turning
over the S26 on the Judgment and also to
secure Judgment for 500 for damages
alleged. Nat Q. Mclean is plaintiff g
attorney.
Echo NJ. Heisler has commenced suit
against H. J. Caldwell, trustee, ct al, to
establish liens on ceratin porperty and to
collect 81 900 alleged due on contract.
Htisler g. Seller are plaintiffs attorneys.
Judge MoCsrty granted divorce in
the case Of Samantha Louztenheiser
against William Loutzenheiser, which
was on trial Wednesday afternoon. The
grounds were drunkenness and failure
to provide. The defendant tried to con-
test the case, but he had no witnesses.
In Sourt room No. /, today, Judge
McCarty granted divorce in the case Of
Margaret 1. Heffelman VS.. George H.
Heffelman On the ground of gross cruelty.
Two other cases involving small sums
of money were disposed of today. They
were Ri0ler VS.. Holzsn and Hoover VS..
Williams.
In the case of Joseph Friedman VS. W.
A. MoCres, an action for damages on ac-
count Of attendants having written al
legged libelous letters relative to laintiff Is
methods Gf doing business, the attorney
for defendant demurred on the ground
that the lang usge of the letters was not
such as to constitute libel. The Judge
seemed to think that it was sufficient,
il proven at the trial, and the demurrer
was overruled Defendants attorney
took exceptions and was given leave to
answer.
In the case Of John Il. Palmer VS.. Ed
ward s. Raft for $4,000 damages for
alleged slander, the attorney for defend
ant had demurred to the petition and
asked for the dismissal of the case on the
ground that Palmer did not state about
whom the alleged slanderous words had
been said The attorney for defendant was
somewhat surprised when he was told by
Judge McCarty that the words, "conoern
ing him, had been interlined in Palmer s
petition, with lead pencil, evidently after
the demurrer on that ground had been
fled. The statute provides, however,
that party may amend petition before
rule day expires by paying the costs up
to the time such amendment was made
In this case, the costs were not paid, nor
was the opposing counsel notified that
such amendment had been made. For
this reason the court held that thu costs
must be paid by plaitniff, Palmer, within
ten days or the cas-, against Mr.. Raft
would be dismissed.
A case brought up from mayors court
on appeal was that of Mary Wright vs.
Amanda Ecker for SEQ. A motion was
made to dismiss the case because che
transcript was not completed by the
mayor. Attorney Frank p. Kibler stated
that when he had gone after the tran
script on the last day in which 1t could be
filed, it was not complete. He said the
mayor was away and he could not see
him. Judge MoCarty said that was not
sufficient oause to guarantee this court
jurisdiction in the case and 1t was dis
missed.
The cese of Ezra Caldwell VS.. The
Canton Pole and Shaft Company, was up
on a motion to strike out certain matter,
which was sustained. "a motion to strike
oat an exhibit was .overruled.
Decisions were also given on motion In
she cases Of Catherine q. Meyer VS..
William ID. Baldock ct al, and in that of
GeorRe Mentzer W.. Josiah CoFTell ct al.