The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-05-26
INSTRUCTIONS ARE GIVEN
By Judge McCarty and They Begin
Their Labors.
THE CLOSING OF A STREET
BY the Morgan Bsgineering Company VIII
Not ne Permitted as the Court
Has Sustained an Injunctton
News From the
Courts.

The Stark county jury commission
was this morning sworn in and in
structed in their duties by Judge Nc
Carly. The new commission, which Is
elected by the COURT will serve one year
although their labors are usually con-
fined to three days, beginning at 10
o'clock Monday morning. The COM
mission is non-partisan and is composed
of Mesers Edward ShimpS Alliance;
Henry w. Hassler, Plain township;
John Dangler, Massillon and j. F.
Neisz, Canton township. Clerk Cas-
selman was interrogated by the court as
to how many names yet remained In
the jury wheel and was informed that
about 100 names of jurors were avail
able. The commission was therefore
instructed to choose 250 names instead
of $50, the number chosen last year.
The commission was instructed as to
the quality of men wanted and particu-
lar stress was laid on the necessity of
getting accurately, the full names OF
Jurors. The commission, when in
structed, at once began their duties in
the auditors office.
ALLIANCE DECISION.
Judge McCarty was on the bench in
court room No. l this morning
when the motion docket was disposed
of. Among the decisions handed
down was one affecting the closing of
an Alliance street which was wanted
by the Morgan Engineering Co. so as
to enable them to build an addition to
their large factories which border the
street. The Alliance city council by
ordinance, vacated the thoroughfare
which is known as East Cambridge
street. Martin v. Grimes rep
resenting nearby residents,
enioined the city from vacating the
street and warmly contested suit was
the result. The decision OF Judge
McCarty this morning was victory for
the residents in the neighborhood OF
the street as by the decision the city
cannot vacate the street or in any way
physically obstructs 1T to the uses of
residents in its locality. The injunc-
tion was sustained with the decision
that the Morgan Engineering company
had no right to obstruct said street
without recompense to those who use
it as thoroughfare. Attorneys Strong
and Roach represented the plaintiffs
and Fording and Harris the defendants.
City Solicitor d. e. Rogers, of Alliance,
was present in court when the decision
was rendered.
MORTGAGE FORECLOSURE
The Indemnity Savings g. Loan Co.,
has begun a suit In common pleas
court against Louis Thorn, Adam
Thorn and Louis Thom as trustee to
collect assessments alleged due the
company. The petition sets forth that
the defendants borrowed $4,000 from
plaintiffs to whom was executed a
mortgage on property located in this
city. Monthly assessments OF $47. % was
Ito be paid plaintiffs to apply in the
sum alleged to have been loaned to the
defendants. The defendants it is al
legged have failed to pay 7 assessments
of $47 % each and that amount and
S3, $40. 93alleged unmatured assessments
are alleged due the plaintiffs, and fore
closure Of mortgage and sale Of
property is asked. Attorneys Wann
and Bow and Dickey, Brewer and Nc
Gowan filed the petition.