The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1898-03-24
CLAIM HE Is BARRED
THE DEFENSE IN THE CASE
AGAINST G. ID. SAXTON
the Divorce Proceedings and Failing
to DO So Is Now Barred.

Insisted That He should Have Answered
the Divorce Proceedingsand Failing
to Do So Is Now Barred.
in the case Of Sample c. George VS..
George d. Saxton, a $50, 900 damage case
for the alleged alienation of o wife's
affections. The answer pleads general
denial and sets forth further that the
divorce case of Anna Il. George VS.. Sam
pie @. George, tried in Dakota in 1899, is
q bar to this action, because defendant
George could at that time have set up all
that he charges in this case and made
defense there, but failed to do so. ]. ].
Grant and Judge W. r. Day represent the
defendant in this case.
The injunction case of j. W. Ward
well, receiver of the g. c. g. s. railway,
VS.. the C.-M. f. railway was argued in
court room No. before Judge MoCarty
this morning. Baldwin & Shields repre-
sented plaintiff and w. A. Lynch and
Austin Lynch represented the defendant.
The case has at issue the matter of defen-
dant's tracks crossing those of plaintiff
in South Market street Judge McCarty
has his decision under advisement.
The suit of Swinehart VS.. Staver was
concluded yesterday in room No. before
Judge Taylor. Action was brought to
reform notes and deed, but this was
refused by the court. An action to recover
money which followed resulted in iudg-
ment for SO, 1856 for plaintiff.
The suit of the Dalton Roller Mill
Company VS.. Volzer was tried in room
No. Thursday morning. 1t was suit
to recover S543 with interest alleged due
on a note, witch the defendant claimed
was paid. The jury returned verdict at
noon in favor of plaintiffs for S5S3. A
motion for a new trial will be filed.
Lillian G. Fisher has commenced an
action against Irving Fisher for divorce.
Plaintiff claims she was married in 1890,
and that they have two children. Ex-
treme cruelty is alleged. Divorce,
alimony and the custody of the children
is wanted. W. j, Oby filed the petition.
The jury in the ease of White VS..
Aliens administrator reformed verdict
Thursday afternoon in favor of the plain
tiff for $3.50. The suit was brought to re-
cover rent for the occupancy of five inch
strip of land between the two blocks on
lot No. 81 occupied by Sollman's drug
| ctn nd iS In; To
Thayer represented plaintiff and Clark,
Amber & Clark and Wann & Bow de-
fendant
William Quinlan has commenced an
action against John W. Wardwell, re-
ceiyer of the G. g. e. S. railway to re-
cover for alleged injuries. Plaintiff,
according to his petition, was employed
as brakeman on the @. G. & S. railroad
While at his post of duty on freight carr,
near Mogadore he was thrown to the
ground, sustaining broken right leg.
He alleges that he is permanently Grip
pied, that his leg is an inch and half
shorter than formerly, and that he is in
capacitated from work. The amount of
damages sued for is 5000. welty g.
Albaugh represent plaintiff
A motion for new trial has been
made by defendants ia the case of Henry
G. White VS.. Judson A. Wann, admins
traitor of the Allen estate.
]. L. Russo has commenced an action
against Thomas &. Mcpherson ct al. to
collect $74.20, the amount of Judgment
awarded plaintiff in Justice Sttllwells s
court in Alliance last December Rogers
81 Hart represent plaintiff.
A bill for $195 for services as counsel
in the cases of Ohio VS.. d. Tyler has
been presented to the county commits
sioners by Attorney r. S. Shields, who
was assigned to the cases by Judge Nc
Carty.
Mr.. Shields charges 500 for each of the
two indictments disposed of by the de-
fendant pleading guilty and for which he
was sentenced. Further charge of $s5
each for the remaining five indictments
which still stand against Tyler is made,
and the bill in its entirety is approved by
Judge McCarty. Commissioner Summer
stated today that he would not favor the
payment of more than the $40.
In looking after the interests of his
client Attorney Shields was compelled to
make several trips to Cleveland and
thoroughly review the cases quite at
length, and the. charge is made in accord
ance with the customary allowances. 1t
is understood that the outstanding indict-
ments against Tyler are to be nollied.