The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1898-08-18
FIALA MILITARY BAND.
Salary and Appointment Of a
Receiver Wanted.
CHARLES FIALA BRINGS SUIT,
He Charges Members with Wrongfuliv
Appropriating aud DisPosing Of the
Band Property Louis Nitak
Is Appointed Receiver.

Band Property Louis Nitak
Is Appointed Receiver.
Charles Fiala has commenced an action
in common pleas court against Charles
Belden, John Farrel, Harvey suong,
Frank Young, John Willig, Jr., Nell
Lsngenbach and Max Fidla and the F!ala
Military Band, an unincorporated Or
ganization doing business in Stark
county. Plaintiff alleges that defendants
associated themselves together for the
maintenance Of musical organization
in Canton known as the Fiala Military
Band. Il was organized in 1890, at
which time plaintiff was duly appointed
director ard leader at the salary Ct $500
q year. Plaintiff continued tn serve IN
that capacity until the fall Of 1895, when
he met with an accident which uecessita-
ted the amputation Of his left arm, and
from which cause he resigned. At that
time, he alleges, there was due him
sl,O75 in salary. In December, 1896,
said plaintiff was again chosen director
at the same salary ard continued as such
until January /, 1898, at which time,
by reason of apathy and non-attendence
of members at rthearsals, the organiza-
tion was by general consent discontinued
Plaintiff claims that he received but 81
for his services and that there was on
January due him sl,293.
At this time all except the members
named herein withdrew, the defendants
assuming control Of the property and
effects. This consisted Of instruments,
musical library, uniforms, helmets,
shakos, etc., amounting 1t is asserted to
about 81 800. Plaintiff charges that
defendants have fraudulently and with
out the consent of plaintiff and Others
who have an interest in the property, sp-
propriated to their own use and attempted
to divide among themselves certain OF
the instruments, and have caused to be
sold some of the bands uniforms. 1t is
further alleged that through tie agency
of one Louis Vitak, uniforms were sold
to Minnesota organization for sl4O,
of which amou mt $50 was received and
divided among the defendants, with $50
balance evidenced by a promissory note
due Octoter J. Other valuable property
is held by defendants who threaten to
dispose Of same. Plaintiff therefore sues
for an accounting, that outstanding debts
may be paid; for the appointment OF a
receiver to take charge CT the property
that receiver may sell same and If any
balance be found 1t may be divided
among those who are entitled to 1t as theiI
interests shall appear. The court has
appointed Louis Vitak receiver. T. F.
Turner represents plaintiff.
Emma Studer has sued Henry Sexauel
TO recover property under post nuptia
agreement. Plaintiff alleges that wher
she married defendant be made writer
agreement that In case they were eve
divorced he would transfer to her his rea
estate and household property The!
have since been divorced, but defendan
has refused TO comply with the terms o
the agreement. Judgment for the prop
erty and for $500 damages Is prayed for
Nat O. MoLain filed the petition.
Baldwin g. Shields, as attorneys TO
defendant in the case Of W. O. Doughsrtl
against Leonard 7. Cool for allege'
damages for libel have filed demurre
to the petition. They allege that neithel
Of the causes in the petition state fact
sufficient to constitute an action. i
states that counsel drew upon hi
imag nation whom he said dsfendan
mssnt that pIaintiif had wrongfulll
opensd the letter IN question