The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-09-29

will. Attorney Werntz for Bowers filed
a motion to compel plaintiff to file a new
petition stating more explicitly what
undue influence was used to secure the
will made. Baldwin e. Shields and John
Sponseller represented the plaintiffs.
The court sustained the motion and
asked for more explicit representations
AN APPEAL.
Baldwin &c Young, Wednesday
brought case from the justice court of
r. Pollock, at North Lawrence to. COM
mon pleas court on appeal with l..
Gregg owens plaintiff and Thomas w.
McCue defendant. Gregg claims the
constable in Lawrence attached his one
third interest in 30 acres Of wheat in
shock on a suit brought by McCue.
He claims exception from attachment
under the homestead law and sues to
recover his wheat and S35 damages.
QUESTION OF FACT.
Wednesday afternoon Frank Whit
mer is defendant in suit before Judge
McCarty in which Bergert and Smith
are plaintiffs, seeking to collect note of
5000. Whitmer gave the note to girl
named Presig, in settlement of a charge
she preferred against him in Justice
Calmelats court several months ago.
He claims now that the representa-
tions she made to him then were
false and therefore refuses to pay the
note which she has in the meantime
sold to Bergert and Smith. The plain
tiffs on the other hand claim that her
condition at the time of Whitmer's
arrest was as she stated but that latter
matters did not take the usual course
of nature and therfoTe the defendant is
not father. G. G. Upham represents
the plaintiffs and w. ]. Piero the
defense.
The case of Burgert and Smith
against Frank Whitmer for collection of
a note of 5000 was finished Wednesday
afternoon. Judge MoCarty concluded
the testimony showed that 1t was no
fault of the defendants that he had not
become a father and decided he must
pay the note for the full amount.
SHORE ESTATE CASE.
John c. Mong, administrator de bonis
non with the will annexed of the late
Eliza Shorb, filed petition in common
pleas court Thursday morning in
which Charles S. Rider and about Is
or 20 alleged creditors of Rider are
made defendants. He states hat the
Shorb estate has now been converted in
to cash and he wants to distribute to
the heirs. Under the will Charles s..
Rider is to receive about $1,000. Prior
to Mong's being appointed admins
traitor Harriet Shorb was executor and
creditors of Rider in large numbers got
judgment against him and attached his
interest in the estate Now they can
not agree as to the priority of claims.
n
there is not enough money to lay out
so the administrator asks the court to
determine how the cash Is to be divided.
John c. Givin represents Mr.. Mong.
A COMPROMISE.
Judge McCarty spent all morning
Wednesday hearing the, case of Kerch
ct al VS. Sinnock. The parties live at
Massillon. Attorney McCaughey rep
resented Sinnock and Judge Albaugh
Kerch. Sinnock had contracted to plant
a lot of trees for Kerch and Kerch had
put in a furnace for Sinnock. Some
trees did not grow and there was a dis
pute as to who was to furnish the new
ones. Kerch sued for $3.50 for the fur
mace. Judge McCarty gave compro-
mise decision. Kerch is to buy the trees
and Sinnock>is to plant them within GO
days. The costs were left for future
consideration.
INSURANCE CASE.
This afternoon in circuit court the
case of the Cleveland Life Insurance
Co. VS. Mary A. Jackson, on error, was
called. Judge Bentley, of Cleveland
was down for the insurance company,
and c. c. Bow and Judge Thayer ap-
peared for Mrs. Jackson. In common
pleas court Mrs. Jackson got a judg-
ment for $500 on a policy on the life OF
her son who was killed on the railroad
The insurance company tries to escape
paying on the grounds that some tech
nical regulations OF the policy had not
been adhered to.
BROUGHT TO JAIL.