The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-12-19
BIG GRlST OF DECISIONS.
Newlrouse Getsa Perpetual Injunction
on His Ditch Case.
CRIMINAL CASES Continued
Court Experiences a Change of Heart
Bartranft Has More Trouble T. A Second
Wife's fAlimony Case Judgments
Taken and Rendered For the
Close of Court.


Taken and Rendered For the 4
Close of Court.
Judge McCarty finished his work for
the September term of court Saturday
morning. He rushed through number
of cases Friday afternoon and closed
the trial docket. Saturday morning he
handed down, decisions on the cases
that have been under consideration,
and Bailiff Houptfuer adjourned court
sine die for this year.
MUST PAY THE JUDGMENT.
Friday afternoon the trial of the suit
of Leroy Pfoutz VS.. Joseph Biechele, to
quiet a judgment was furnished. Judge
McCarty refused to stay the judgment
and Pfoutz must pay the note of 5000.
Mr.. Biechele holds some patent rights
as collateral and If Pfoutz pays the
cash these are to be returned to him.
PROPERTY TO BE SOLD.
The suit Of Clare vs. Glare came up
for hearing before Judge McCarty Fri
day afternoon. In this suit julius Clare
of Navarro, is defendant He had two
The second Mrs. Clare got alimony
when she secured her divorce. This
alimony was lien on the real estate
of julius and she sued to collect. Sew
eral others claimed an interest in the
property and they all came before
Judge McCarty Friday afternoon by
their attorneys and the court decided
the property should be sold by the
sheriff and the proceeds brought into
court next term. Then the lawyers
will fight out the question as to who
gets the money. N,.
MORTGAGE FORECLOSED.
Judge Thayer came before Judge Nc
Carly Friday afternoon representing
Joseph Hoover in a suit against Will
liam H and Rebecca Miller to foreclose
a mortgage upon piece of property on
the New Berlin road and collect notes
amounting to about $4,000.
The defendants did not appear and
the court on default rendered judgment
for the plaintiff and ordered the mort
gage foreclosed and the property Sold
WORKMAN CASE CONTINUED.
The criminal cases in common pleas
court have all been disposed of this
| term excepting the Henderson murder
trial and the case against Workman in
which he is charged with keeping a
fence and buying stolen property. Mr..
Wortman's wife has been very sick and
was not able to appear in court to tes-
tify and so the case was held over till
next term.
INJUNCTION MADE PERPETUAL.
Saturday morning Judge McCarty
opened court for rendering decisions,
at $3.50 o'clock. The first case settled
was that of Newhouse VS.. the trustees
of Marlboro township. This is the fa-
nous ditch case. The trustees ordered
Manuel Newhouse to dig out 900 feet of
the the ditch running from north of
Hartville to the Portage county line.
Newhouse refused He said the appor-
tionment was unjust, that the Portage
county end of the ditch was too low
anyway to carry off the water: that
there was quick sand along his place
which made 1t impossible to construct
a ditch He refused to do the work.
The trustees advertised to sell the work
and assess it against his land. New
house sued for an injunction. The case
was fought hard. Judge McCarty has
been considering II Tor some days and
his decision made the injunction per-
petual and taxed the costs against the
trustees.
COURT CHANGED HIS VaIND.
A. ]. Douds held Judgment against
Simeon Guest for 5000, Guest held stock
in the Canton Foundry and Machine
CO. Douds attached the stock. The
foundry company made answer and
said Guest owed the company all his
stock was worth and that 1t could not
be subjected to payment of other debts
till they were satisfied. Attorney
Sterling had filed demurrer to this
defense. Judge McCarty had sustained
the demurrer. Recently d SIMILAR ques
tion came before the supreme court
and this court held Judge McCartys
position to be wrong. He therefore
called up the attorney and said he
; would change his notion about his for
} mer decision and would overrule the
, demurrer.