The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-09-29
CIRCUIT COURT
MAKES PROGRESS.
Several Cases That Have Been
Up For a Hearing.
THE TRANSFER OF c. c. & s

Caused Failure to Notify Attorneys Con-
cernIng a Pending Action Other
Matters of Interest at the
Court House.
Just before adjournment Tuesday
evening circuit court heard the case of
Joseph Friedman VS. The Canton Notion
Co. Prior to the sale of The Canton
Notion Co., while stock was being re-
duced Friedman gave the treasurer,
Mr.. Moore, a written order to pay Max
Kauffman$3 900. After the order was
accepted, he gave verbal order not to
pay 1t. Moore refused to heed the YER
bal order. Friedman sued for an in
junction to stop payment, being repre-
sented by Judge Albaugh. c. G. Bow
for the defense demurred to the petition
and the court sustained the demurrer
and saddled the costs on Friedman, who
brought the case UP on error. In the
mean time the $4,000 has been paid.
THE DUEBER CASE.
This morning the circuit judges lis
tened to the attorneys in the action
brought by Mrs. Hecklinger's trustee
against the Dueber Watch Case Co. The
litigation grew out of a share of Dueber
He disposed of it, and after numerous
transfers, Mrs. Hecklinger got it. The
Dueber compa y said they just gave it
to Coburn to hold and he had no right
to dispose of it. They refused to pay
for it and asked the court to order it's
return to the company. Common pleas
court gave judgment against the Due
ber company for $1,000 and they appeal
ed. Judge Thayer represented the
plaintiff, Austin Lynch, John, c. Glvin
and John Sponseller the defendant.
LAWYERS NOT READY.
The case of John w. Wardwell, re-
ceiver, VS. James A. Robinson, on error,
was to have been heard today, but when
the time came the peculiar situation
was discovered that the plaintiff had no
attorney in court. In the first cause in
common pleas court Robinson sued the
c., c. e. s. railroad for the care and
medical attention Of his son. a,.lad who
had picked up a torpedo carelessly left
by the railroad employees, and had an
eye blown out He got judgment for
$500. The case went up on error, and in
the meantime the road sold out to the
w. & L. e. When the transfer was
made Baldwin & Shields who were at
torneys for the c., G. & S. sent in final
statement on this and other cases. Day,
Lynch e. Day had been counsel for the
W. & L. E., but in the confusion Of the
transfer the railroad people neglected
to notify them to look after this case
The court agreed finally to carry it over
till tomorrow to permit the lawyers to
get into the matter.
BRIEF FILED.
The brief in the action to disbar At
torney Frank p. Kibler was filed with
Judge McCarty late Tuesday afternoon,
by the prosecuting committee. Judge
McCarty said it covered about six pages
of legal cap paper and submitted sever
al arguments. He did not care to make
the paper public property. The defense
will have the balance of this week to
prepare a brief representing their side
Of the controversy.
ALLIANCE CASE.
Circuit court Tuesday afternoon
heard the case of William H. Morgan
VS. Samuel Katzenstein, taken up on
error. In this case Katzenstein got
Judgment against Morgan for 81, 800 the
claim being that Morgan's father, ]. r.
Morgan, had induced Katzenstein to
loan that amount to Joseph Urich, who
afterward failed. Morgan seeks to
escape this judgement. He has Judge
Baldwin and Fordino and Rodgers for
attorneys. Katzenstein is represented
by Strong, Lynch and Welty.
THE WINNETT CASE.
Thursday morning the circuit court
heard the only criminal case that will
be before it this term. The action Is in
the case Of Albert B. Winnett, who is
now in the penitentiary and wants to
get out. He was sent down last spring
for two years for securing signatures
to note under false pretenses. His
attorney demurred to the indictment on
the ground that 1t did not state enough
facts to constitute an offense and the
lease is before circuit court on this
demurrer. Judge Albaush represents
Pomerene, the state.
CASE FINISHED.
The case of Dannemiller e. Company
VS. Sarah F. Fowler was finished this
morning. In common pleas court Mrs
Fowler got Judgment against the Dan
nemiller Co. for 5000 damages because
dirt from their coffee roaster showered
over the house. The case was taken up
! on error, the claim being that evidence
was excluded which should have gone
In.
G. c. Uphram represents Mrs. Fow.
Ter and ]. a. Rice the Dannemiller Co
THE BETZ CASE.
Wednesday afternoon the court listen
ed to the case of Eva l.. Betz VS. Emma
Mcdonald. w. o. Werntz represented
the plaintiff and David Day the de
t fense. The case started before Squire
Z Reigner. Eva Betz had contracted I,
+, work for Emma Mcdonald for certain
period. She worked two weeks ant
! was dismissed Suit was brought be
! fore Reigner for $160 for the full time
? The court gave decision for $40. Th
| case went to common pleas court OIL
error and the upper court decided tn
lower was wrong in point Of law bu
Ithere was no testimony to show tn
! Ivalue of service which was to have beei
2 rendered. The case is before circui
$ court on this point, the plaintiff desir
r ing a new trial.