The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1898-03-03
STOCK CERTIFICATES.
Dominick Tyler Could Not Be
Legally Held
EVEN IF HE DID FORGE THEM.

Circuit Court Reverses the Lower Court on
the Proposition and Tyler VIII
Not Answer Further to
That Charge.
Judges Adams, Douglass and Smyser,
of the circuit court, handed do Rn decis-
ions Saturday morning in cases heard
during the past week. Twelve cases were
disposed of this morning.
One that Is of unusual interest to Can
tonians was that of Ohio VS.. d. Tyler.
Tyler was found guilty in common pleas
court, after being indicted for forging
certificates of stock of the Diebold Safe
and Lock Co. He was sentenced to three
years in the penitentiary. His attorney,
Turene Meyer, carried the case to the
circuit court when in session at New
Philadelphia, and was granted stay Of
sentence until the case could be argued at
the session In this county. The ground
on which the case was taken up was q
technicality in that the statutes under
which Tyler was indicted did not pro-
vide for the punishment of the crime of
forging a certificate of stock. Judge
Adams, in giving his decision, did so quite
at length, and stated that this court had
given the questions the consideration
such question Inerited. No matter how
plain the evidence was that Tyler was
guilty Of wrongdoing, the court was un-
able to determine the construction OF the
statutes to cover the forgery OF a stock
certificate. The Judgment of the lower
court was reversed and Dominick Tyler
was discharged. Exceptions were noted
by Attorney Pomerene for the state.
In connection with this case it may be
stated that Mr.. Tyler stands indicted up
on seven counts for forging notes on
various banks. He will be tried on two
counts next week Friday
The case of Frank j. Ballard against
John Patton, guardian of Robert Patton,
was reviewed by Judge Douglass. 1t was
a suit for 50, 500 for alleged damages by
reason of injuries sustained from bullet
wound. In common pleas court de-
murrcr to the case under the statute of
Limitation was sustained. The circuit
court affirmed.
In the case Of the State Of Ohio in rela-
tion to A. J. DeHoff VS.. ]. f. Schwartz,
clerk of the board of education of Plain
township to compel "a correction of re-
cords in the calling of ayes and nays, the
writ was denied and the petition dis
missed. This was confirmation of the
lower court.
The case Of Jacob Hess VS.. the Canton
on error. Plaintiff Hess sued for damages
to property by reason of the construction
of track abutting his Ave acres of land,
and the filling in necessary. He was
awarded a verdict of S12S.1S. The
verdict of common pleas court was affirm
ed.
In the case Of Jacob NJ. Flory VS.. Joseph
Wirebaugh the lower court was affirmed.
In the case of the Detroit Carbonic
Acid Gas Co. VS.. Wonderly & Whitmer,
In which plaintiff below secured judg-
ment for s27 on account, the Judgment
was affirmed.
The case of Ira Brown against Karl
Kestler and Magdalene Kestler, on-appeal
to set aside an alleged fraudulent con-
veyance, was decided in favor of defend
ants. The court held there was no fraud,
this affirming the lower court. The case
was dismissed at plaintiffs cost
Common pleas court was affirmed in
awarding judgment of s97.5O to plain
tiffs in the case of Shumsker g. Charley
VS.. o. C. Brown. Action had been
brought to recover 500.
The village of Louisville was enioined
from opening street which would dam
age property of James Mcdonald and
George Dilger's assignees. These cases
came up on appeal and common pleas
court was affirmed.
The case of william Bucher's admin
istrator against Hiram Doll, sheriff, ct
al, is complicated suit in which effort
is being made to recover money in fund
placed in the sheriff's hands for the pur-
pose of applying same to the payment of
a claim against the estate. 4 decision
in common pleas court was ap-
pealed to circuit court. A demurrer to
the petition was overruled today and
the case will be for further hearing next
week.
The case of l.. e. Hawkins admipis-
traitor VS.. Susannah 7. Tressel was suit
to hold defendant as administrators of
the estate of one Of the heirs personally
responsible for an alleged connection in
a contract for the completion of build
ing in Alliance. Circuit courts decision
relieved defendant of such responsibility.
In the case of Nicholas Egger, plaintiff
in error against W. W. Smith, for dam
ages by reason of milk deal, in which
alleged impure milk figured, the verdict
of the lower court, giving Smith verdict
for 5000 was affirmed
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