The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1898-09-29
HE GAMBLED
And the Defendants Therefore
Plead That Issue.
NOTES FROM THE COURTS.
A Divorce Suit Brought by n wife Charg-
ing Her Husband with bad Actions
The Grand Jury Adjourns to Take
Up Its Labor Again on Monday.

An answer has been filed by the defen-
1ants in the case of John II. Keim
against Rex & Bender, brokers. Plain.
tiff, IL will be remembered by those in
terested, sued to recover s87345 alleged
due on spsculations in wheat conducted
by the defendants for the plaintiff. The
defendants in the answer admit certain
averments In the petition and give
details Of transaction such as conduc.
ted for Mr.. Keim. After giving the
details the answer ends with the follow
ing language: "Said transactions were
made as a cover for gambling In the
future prices of wheat, and were ogai Jst
public policy and void Wherefore, de.
PENDANTS pray to be hence dismissed with
their COSTS" G. G, Upham represents the
brokers.
Court opened Monday morning
pursuant to adjournment Judge Nc.
Carly listened to motions and passed on
a few unimportant cases after which the
assignment was taken up
A settlement of the damage case Of
Charles Geib a1ainst the Wrought Iron
Bridge Go. las been agreed upon. Geib
sued for sec, 600 as a result Of injuries
alleged to hava been received at Thinkers
Creek. The jury rendered verdict for
80, 800 and defendant appealed the case.
1t Is understood that the appeal has been
withdrawn and the settlement will be
made.
An answer has beon filed in the alleged
malpractice case Of Annie Thompson
against Drs. Elmer G. Myers and ia
A. Fraunfelter Plaintiff sued for
damages by reason of an alleged wrong.
full operation performed upon her foot.
The answer admits that the operation
was performed by DR.. Myers, but was
performed With plaintiffs request and
was done in all respects with care and
skill. Judge A. A. Thayer represents
defendants.
NEW CASES.
Alice Myers has sued Andrew Myers
for divorce. The couple were married In
1883 and have three children aged ten,
five and three respectively. Plaintiff
alleges abandonment, extreme cruelty,
gross neglect ani habitual drunkenness.
She asks for divorce, custody of the
children and an injunction restreiniL g
defendant from going near her premises
Notwithstanding that she has three
children, plaintiff asks for the restora-
tion Of her MAIDEN name, Alice Zartman
W. o. Werntz filed the petition.
Elizabeth j. Owen has commenced an
action against the Mishler Pottery Co.
to collect money alleged due and for the
appointment Of receiver for the plant
Plaintiff claims s4,454.39 due on
promissory note covered by mortgage,
but asserts that the property is in
sufficient to pay the claim and that 1t is
necessary for the personal property to be
applied The court appointed A. d.
Brsden as receiver. Baldwin g. Shields
filed the petition.
Judge McCarty sustained the motion
made by W. o Wcrntz, attorney for
defendant, to dissolve the attachmen
proceedings In the case of Mary Findley
against Annie u. George.
Philip Stahler has commenced an
action against John stahler ct al for the
partition of lot 147 in Canton. Thomas
f. Turner represents plaintiff.
A journal entry was made by the clerk
of courts Thursday afternoon in the case
of Mary ]. Walker against wilhelm ina
A. Walker. The former and divorced
Mrs Walker sued the latter Mrs. Walker
for her dover interest In the estate of Dr.
Columbus t. Walker, deceased. The
entry awards the dover as prayed for and
orders partition Of the property by COM
mission appointed by the court. Judge
p. A. Thayer is plaintiffs attorney and
]. A. Sterling defendants.
Susan Yockey has filed suit against
tie city of Alliance for damages. Plain
tiff claims to have fallen May 81, 1898,
upon defective board sidewalk in Rusen-
berry street, in Alliance, sustaining
severe injuries to her right knee, together
with other injuries which confined her
to her bed for eleven weeks. She stated
her damages at $4,000. j. W. Craine
represents plaintiff.
Archibald Casteel has commenced an
action against Jesse b. Miller and Jacob
H. Reigner, justice Of tie peace for Can
ton township, asking for damages and
a restraining order. Plaintiff says that
defendant secured Judgment against him
in Squire Riegner's court on September
81, 1898, but that same has not been
entered on the docket of the justice, and
six days having expired 1t would be
ublawful for the justice to enter 1t now.
Plaintiff asserts that the justice will
enter it and date it back unless restrained
He alleges that he has been puv 60 CON
siderable expense In the case and asks for
800 judgment and that the justice be
restrained from making the entry. Nat
o. McLain represents plaintiff.
Irene Seeley has brought an action
against Vannie Seeley ct al for the
partition of real estate in Massillon.