The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-09-29
CIRCUIT COURT
In SESSION.
Some Cases Dismissed and Some
Set For a Hearing.
AN INTERESTING CONTROVERSY
That the Court Is Engaged In Untangling-
A Divorce aranted--Other Mat
ters occurring at the Tenn
pie of Justice.

The circuit court opened for the Sep
tember term in court room No at 9
o'clock Tuesday morning. Judges John
A. Adams, of GAINESVILLE, and S. M.
Douglass, of Mansfield, were present at
the opening and Judge r. M. Voorhees,,
of Coshocton, came in during the call
ing of the docket. Nearly all of the at
torneys interested were present and
Judge w. r.. Day occupied a chair in
side of the rail as an interested spec
tator.
The following cases were marked for
hearing: William II. Morgan vs. Sam
uel Katzenstein, Anton Hammerly vs..
Mary E. Zettler, Herman Preusser vs.
John c. Mong, receiver, Joseph o. Wiel
and ct al. VS.. Charles Seeman, j. L.
Russell VS.. Thomas e. Mcpherson ct AL,
w. S. Garner ct al. vs. j. r. Bossler,
John c. Zutavern VS.. John j. Shutz ct
al, Joseph Friedman VS.. Canton Notion
Co, John w. Wardwell, receiver, VS..
James A. Robinson, Dannemiller & Co
VS.. Sarah L. Fowler, Cleveland Life In
surance Co. vs. Mary A. Jackson, AL
bert b. Winnett VS.. State of Ohio, Eva
j. Belts VS.. Emma Mcdonald Joseph
M. Campbell VS.. Board of Education of
Canton, Jesse B. Miller VS.. Archibald
Casteel Henry S. Belden VS.. Charles
A. Burgy.
The cases dismissed were: Anna NJ
Beaver VS.. the Acme Machine Works
ct AL, Solomon =. Wilson VS.. George
Sluss, supervisor, ct al, j. w. Ward
well, receiver VS.. Canton Massillon
Electric Railway Co, Amanda Dansi-
zen VS.. William Dansizen, Alfred +.
papa Patar Il pa liner
After calling the docket the hearing
of cases was taken up in the cause OF
Herman Preusser VS.. John G. Mong, as
receiver. The case is up on error.
Preusser is a stockholder in the COM
pany for which Mong is receiver. He
owed the company and the company
owed him dividends amounting to $40
The receiver holds that the dividends
owing Preusser shall be applied on his
liability to the company amounting to
81, 900. The question to be determined
is whether the indebtedness of stock
holders liability can be allowed as set
off against a claim for dividends. G.
N. Shaver represents Preusser and j,
c. Given appeared for the opposition.
NO DEFENSE.
Miss Kate Ploesser was granted a
divorce by Judge McCarty Monday at
ternoon from her husband William
Ploesser Gross neglect was charged
in the petition. The parties reside in
Canton. Attorney G. G. Bow repre-
sented plaintiff. There was no defense
OTHER CASES.
The second case before the circuit
court was that of Joseph A. Wielandt ct
al VS. Charles Seeman. The issue grows
out of the ownership of the property of
the defunct American Baking company.
Seeman held a chattel mortgage on the
stock and it was turned over to him.
Other creditors claimed it was not a
bona fide sale. The lower court held
the sale good and the case went up on
error. Charles Kriechbaum appeared
for Seeman and T. F. Turner for the
plaintiffs.
Attorneys Young, of Massillon, and
Hughes, of Canton, appeared before the
court representing Alfred II. Paige
against Sterling & Braucher who up
held the cause Of Peter j. Palmer Pal
mer bought farm in 1870 containing so
acres, as he thought, 80 acres, however,
subject to widows dover. The widow
died two years ago and her heirs claim
the original sale did not carry the fifty
acres and now demand the property.
The case is up on appeal.
DECISION RENDERED.
Judge Taylor held a short session of
court in court room No. 2 Tuesday
morning and handed down decision
in the case of Walter Heiman's admin
istrator VS. the G. II .& v. railroad. Hell
man was killed on the track and suit for
damages was brought. Judgment was
secured for $4,000. The court cut it
down to $500, but the railroad carried
it up and the circuit court ordered a
new trial on the ground that Heyman
had been guilty of contributory negli-
gence. The plaintiff asked leave to ile
second amended petition to show that
the railroad company was so grossly
negligent that contributory negligence
could not weigh in the result of the case,
but Judge Taylor refused to grant the
privilege. Judge Stillwell represented
the plaintiff and Austin Lynch the de-
| fendant.
DISPOSED OF
Upon motion of Judge Albaugh Tues
day morning, Judge McCarty dismissed
II