The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1898-07-21
FORTY DAYS
Given Mrs. Allen in Which to
Raise the Money.
BER COUNSEL WAS SURPRISED


A. the Unexpected ofer But 1t Suited the
Notions of the Court aud the Order
Was So Given and All Parties VIII
BE Properly Protected.
The matter of u temporary restraining
order in the mandamus case Of Ohio In
relation Of Merry +. Allen against Henry
A. Wise, probate Judge, was argued Mon
day afternoon in court room No. before
Circuit Judge NJ. L. Smyser Of wooster
The proceedings had been brought to
prevent the sale, by the administrator,
Of the Feather homestead, which was
advertised to take place Saturday, July
9. The argument was warm one In
which nothing was left untouched by
either side to gain their point. Attorney
L. A. Russell Of Cleveland represented
the plaintiff as he has from the begin
ming, while Baldwin s. Shields represent
cd Probate Judge Wise.
The Feather homestead was to have
been sold to satisfy q claim of the Central
Savings bank Of this city, amounting in
all to over $4,000. The plaintiff
claimed that the property could not be
sold aU this time without q great loss to
the heirs, and introduced witness who
swore on the stand, among other things,
that he represented syndicate of capit-
alists who would be willing to make q
loan, covering the banks claim on the
property, II the court would not allow
the property TO be sold at once. On
cross examination, conducted by At
torney Shields, the witness stated that
ne believed he could arrange to secure
the money for Mrs. Allen within thirty
or thirty-fiv days to the outside, and this
belief was apparently shared by Attorney
Russell. Thereupon Mr.. Shields, in
behalf Of the bank, said: "n the court
please, we have no desire to iuflict any
hardship upon the plaintiff in this case.
The gentleman on the stand has stated
that he believes he could secure for Mrs.
Allen an amount sufficient to pay our
claim. We are disposed TO give Mrs.
Allen the full benefit. We will, with
the courts rern ission, allow thirty't
days with five days grace, or to be ex-
plicit, forty days, in which this claim may
yet be settled, and If it is paid within
that time, this proceeding, 80 far as the
bank is concerned, may be dismissed,
leaving the question of Mrs. Allen
administering upon the estate matter
between the probate Judge ard herself
later on"
This proposition came as q surprise to
the plaintiff and her. counsel, but met the
approval of the court exactly. The at
torney representing Mrs. Allen wanted
3 written agreement land also asked
that the restraining order be extended to
cover the time given, or until the next
meeting Of the circuit court. Judge
Smyser stated that he had clearly under
stood the proposition Of defendants
counsel as had Others present. He would
require no writing and would protect
those concerned should there be any
necessity for so doing. He also refused to
extend the order and the injunction was
dissolved,
The Central Savings Bank has brought
an action against Norman c. Blum ct al.
to recover on notes for 5000 ard $500
alleged due with interest. A mortgage
foreclosure is asked for. Day, Lynch q
Day and John NJ. Blake represent plain