The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-11-07
CANTON WON
SIGNAL VICTORY.
Jury Decides a Sidewalk Was In
Good Shape.
ASSIGNMENT FOR NEXT WEEK.
An Injunction Suit Taken Up--An Impor
tant Case Being Heard By Judge
Taylor --No Court Elec-
tiOn Day.


tion Day.
The City Of Canton won q complete
victory in the suit of Margaret Cham
bers for $500 damages which was tried
to a jury before Judge McCarty Thurs
day. The jury took the case at o'clock,
At o'clock q verdict had not been
reached and the court sent the jurymen
home over night. They came back at
| o'clock Friday morning and in an hour
and half brought in verdict for the
CITY, In the verdict it was found that
the sidewalk was reasonably good
where Mrs. Chambers fell: that the
plaintiff had been guilty of contributory
negligence and that If due caution were
observed no accident would happen
there.
Attorney Sterling gave notice that he
would ask the court to set aside the YER
dict and grant a new trial. Judge Nc
Carty then discharged the jury till next
Wednesday.
| HEARING AN INJUNCTION.
The court then took up the case Of
| Charles Franz VS.. Charles Gulling, ad-
ministrator of Louis Franz and John
Keim. Charles Franz is an heir of
Louis Franz, of Barryville. His share
of the estate in the hands of Gulling was
about 5000. John Keim held Judge
ment against Charles Franz and he at
tached the money held by the admins
traitor. Franz claimed it was exempt
from attachment and got an injunction
restraining Gulling from paying the
cash to Keim. c. c. Upham represents
| Franz and Earseman and Hughes, Gull
| ing and Keim.
SUIT FOR $500.
Before Judge Taylor and jury the
case of William G.. Liable VS.. William
| Schario and William Dannemiller was
put on hearing Friday morning. Liable
| had agreed to take stock in the Canton
| Clay and Insulator Co. He paid the
defendants 5000. They did not get the
company organized for some time and
he sued to recover his 5000. The case
| came on for trial and during an ad-
journment of court the defendants has.
tily got together, organized and issued
stock to Liable. He refused it as the
final issues of the matter are now being
fought out. Will Oby represents Liable
and G. T. Meyer the defense.
Court will continue in both rooms next
week. On Monday there will be no
trials. The court will take the time con-
sidering cases heard and Judge Nc
Carty will give attention to the motion
docket.
There will be no court Tuesday on ac-
count of election. Judge Taylor Wfl not
be here before Wednesday.
The assignment is as follows:
BEFORE JUDGE M'CARTY.
Monday, Nov 6.-Hearing motion
dockets.
Wednesday, Nov. 6.-Centl Sav'g Blk
Co. VS.. Doughterty; Hug VS.. Wardwell,
receiver, etc. walker, ct al. VS.. Royal
Ins. Co, of Liverpool; Barlet VS.. Barlet,
ct al.
Thursday, Nov. 9.-Geib, treas. VS.. AL
bright's admir-; Ohio ex rel. Burrell VS..
Condon; Berg VS.. Morgan; Benden, ct
al. VS.. Sites, ct al. Herschi VS.. Penna.
Co.
Friday, Nov. 1O.-Haynam vs. Hay
nam; Gardner VS.. Unkefer, ct al.
Fife VS.. City of Canton.
BEFORE JUDGE TAYLOR.
Wednesday, Nov. S.-Shock, ct al. VS..
City of Canton; Charlier VS.. Dubois, ct
al; Elbel VS.. Stock, ct ux.; Ohio Elk
rel. Chisler VS.. Youley; Miller VS.. Spell
man.
Thursday Nov. 9.-Lehman VS.. Cross;
Strayer VS.. Cross; Robson VS.. Howells
Mining Co.; Ohio VS.. Maudru, ct al.
Lehner VS.. Canton Pole and Shaft Co.
Friday, Nov. 10.-Zartman VS.. March
and; Martin VS.. Sell, ct AL; Hemperly,
trustee, vs. Castleman; BARS admx. VS..
Unkefer, ct al.
MUST TAKE STOCK.
The jury got the case of Liable VS..
SchaIio ct al. at noon and after delib-
Grating an hour and a half returned
verdict for the defense. Liable will now
have to take stock in the Canton Clay
and Insulator Co. for his 5000 or get
nothing.
WENGRow STOCK SOLD.
At / o'clock friday afternoon the
sheriff's office was turned into an auc-
tion room for the sale of the Wengrow
stores at Minerva and Alliance, which
are now in the hands of the sheriff as
receiver The Office was full Of bidders,
there being a dozen or more. They
came from all over the county and every
man was compelled to put up $500 as a
forfeit before being allowed to bid. The
sheriff had his pocket full of nice, crisp
$500 bills and one man flashed $1,000
treasury note for his forfeit. Attorney
Roach, of Alliance, officiated as auc-
tioneer and marked the bids on black
board
The bidding commenced on the Miner
va store and reached $3,100. Then that
was dropped and bids taken on both
stores. The first bid was $4,000. AS 1t
went up bidders began to retire and get
their forfeits until only Miller. of Cleve-
land, and Raymond, Of the Raymond
Syndicate, of Boston, were left. They
kept going till Raymond reached the
price of $10,660 Miller then quit. The
figures were at once certified to Judge
McCarty by the sheriff and he declared
he would take up the matter Of confirm
alton of the sale at $3.50 o'clock Satur-
day.
At 145 o'clock Judge McCarty decided
the case of Franz VS.. Gulling He held
that Franz was not entitled to exemp-
ton from paying all of Keim's 1udg-