The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-10-20
TWO LAWSUITS
WERE DECIDED
One Grew Out of the Assign
ment of Melhuish.
OTHER MATTERS IN COURT.
A Motion to strike Out a Petition overruied
Vaughn Is Taken Away
Homestead Exemption
Allowed.

Judge McCarty heard two important
cases this morning. The first one called
was that of Mrs. Melhuish VS.. G. N. Vi
cary as assignee of F. ID. Melhuish.
Mrs. Melhuish was formerly the wife of
Daniel Bush, of Niles, Pa. He died in
1885 and she got $4,000 life insurance.
Tn 1887 she married f. d. Melhuish and
loaned him $1,000, taking his notes.
Nothing was ever paid on them and
when he failed last year she presented
the notes to the assignee for allowance.
He refused to allow the claims. She
sued and the case was tried this morn
ing. Judge Thayer represented Mrs.
Melhuish and Harter and Kirchbaum
the assignee. The court decided the
claims must be allowed. The notes now
amount-to $1,000. This case practically
carries with 1t another one in which
Mr.. Melhuish's brother sued the assig-
nee on the same grounds on a claim Of
81 ,OOO The estate will not pay more
z than thirty cents on the dollar.
Harter and Krichbaum gave notice
of appeal from the decision of the court.
CAN'T SELL THE PROPERTY.
Having lost in the Melhuish contro-
versy Harter and Krichbaum then pro-
ceeded to win a case in the litigation
between Mary Wolf and John r. Hall.
Case and Hughes represented Mrs.
Wolf She held Judgment against
Hall for several hundred dollars. He
had no property excepting a dover in
terest in home occupied and owned
by his daughter with whom he lives
Mrs. Wolf sued to sell the property to
satisfy the judgment Halls attorneys
set up the defense of a homestead ex-
emption which was sustained and the
case dismissed.
TO EXECUTE A JUDGMENT.
The Farmers bank began suit today
against James M. McNeill to enforce
payment of $72070. The petition say:
Samuel Allen got a Judgment against
Mcneil for the amount and transferred
to the bank. McNeill has property
which George Mcdonald, Marian Nc
Neill, Samuel Allen and the Home Saw
ings and Loan Co. claim interests in
The plaintiff asks the court to determine
their interests fix the priority of claim:
and have the property sold. McCarty
Craine and Mcdowell represent the
plaintiff.
LEGALLY SEPARATED
The divorce petition of Mary Aromant
VS. Louis Aromand was ard by Judg,
McCarty this afternoon. Attorney EC
l.. Smith appeared with the plaintiff
No defense was made.>~The testimony
showed that the couple went to Europe
after marriage and that when the wifi,
came back the husband refused to come
Later he did come, but did not live will
his wife, and has not done so for sever
years. The court granted divorce.
VAUGHN TO THE REFORMATORY
Charles Vaughn, the Marlboro lad
who with his brother, stole buggy anC
robes at New Baltimore, was taken tt
the Mansfield reformatory this morning
He concluded to change his plea tc
guilty and not stand trial. F. M Moore
came from Mansfield with an order from
superintendent Seton and Vaughn was
turned over to him by the Sheriff.
MOTION ovERRULED.
On Tuesday afternoon Judge McCarty
overruled the motion to strike the petit
ton from the files in the case of Buch-
mans executor VS. Pontiuss administra-
tor. Buchanan had erected O. house on
lot the owner had purchased from
John Pontius and it was claimed Pom
titus was to see the work was paid for.
In Justice Smiths court in Plain town
ship Pontius's administrator did not ap-
pear and Buchman's executor got a ver-
dict by default for $9S. The defense
claimed the justice in his transcript fail
ed to state that judgment had been rem
dered, but the higher court ruled that
the technical objection was not we'll ta-
ken and decided the case must go on.
James Sterling appeared for the defense
and Joe Blake for the plaintiff