The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-03-02
nine ALTERNATIVES.
Circuit Court Sustains Lower
Court in Every Instance.
sHORB ESTATE CONTROVERSY
Decided by the Circuit Court and Right to
Partition Denied - Adams Faction
Wins In the Church of God
Case-Other Decisions.

The circuit court as at preseut consti-
tuted Is not hfraid Of little extra work
ard an effort Is being made TO clesn mat
ters up In this county. Though that will
hardly be possible the docket win be in
much better CONDITION by the time the
court has concluded it's sitting. In the
cases that have teen heard during the
past week the court last night handed
down decisions. There were nine cases
that had been through tie common ple,s
court and In each the lower court was
affirmed.
One Of the most important was the
Shorb will case. There are some pretty
questions 10 this con ontroyersy, which To-
wolves the risht to partition. Il was con-
tended that the property should he sold,
and that fee returns to the heirs, al nee
executors did not sell property within FIVE
ye'rs as prescribed by the will. The
court below held that partition oculd not
be made and the circuit court affirmed
the decision.
case that has attracted considerable
attention is that which in = Olives bequest
to the Church Of God In the will Of the
late Eliza Gnskins Of New Berlin. Two
wings cf practically the same denomiua-
tion claimed the oeq6est. 1t is claimed
by the branch represented by 8. H. Ad-
dams aud others tn t the Request was in
ten ed for that branch. The branch Of
which Rev. Beck wSs the head thought
the old lady meant to leave the property
to them, hence the issues ired oD tn t
prop sition. The Ado ans faction clai N ed
th't Eliza Ghskins was in the habit Of
attending their church and that she He'd
1t her church home. The Beck people
said she attended their chucrh. 1t was
related by one wit ess in support Of this
that she ATTENDED the church one Gay and
sid she WAS going to reu enter that fac
ton substan TALLY. The other side said
that she got into the Beck church on that
Sunday morning by accident and that
she sfterwsrd said she WAS not pleased
with the doctrine she heard on that occa-
sion. The lower court held that she n-
tended to leave her property to the Ad-
dams faction and the circuit court did not
disturb the Hnding.
In the case of Robert MoCauley's ad.
ministr. tor agsinst Spuhler and wefer
which was brought up on error, the lower
conrt was affirmed.
A compile ,ted reple yin suit, In which
Ida M. Coyle was plaintiff and Ch,rles
Pc rsol was defendant. was affirmed.s
The case of Peunoyer Bros against
Joseph Weaver & Sons involved the place
Of delivery for some lum ber. weaveri
claimed $500 and the jury gave Pennoyel
$ll.69. The lower conrt was affirmed
In the controversy between the Gressel
& Brand Brewing Co. and George W
Mist, which is Of long standing, the lowel
court was atfirned. The lower court hat
held on proposition # law that an at
torDey could not act as his own notary IL
verifying q petition. This holding wa
affir ed by the circuit court.
Ihe decision In the divorce case O
Amanda Dar sizen against william Dan
sizen WAS affirmed aud the petition wa
dismissed.
In the c'se of Fletcher against Crab an
1t was contended that judgment To-
$1,000 was obt ined by fraud as plaintlf
was enticei to Chicago and service ha'
on him there. Petition was brought Ii
this county TO set aside the verdict. an,
the loSer court set it side. The decisloi
WAS afIirned.
The question Of statuatory liability o
stockholders after II transfer Of stock wa
involved In the case Of the Columbus Gar
risge Co. against Daniel Cobaueh an,
others. late stockholders Of the Dexte
, Wagon Go. The lower court was al
, Harmed.