The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-05-18
COURT INSISTED aa
ON A DECREE.
Judge Compelled an Attorney
To Win His Case.
DIDN'T WANT 1T DECIDED
Jury Summoned to Appear For Duty May
rs Canton Music Company Prop
erty Ordered sold-Other
Court News.

Rather an unusual state of affairs
was presented in common pleas court
Thursday morning when Judge Nc
Carly called the case of the Central
Savings bank VS. Walters ct al. The suit
was for the foreclosure of a mortgage.
j. Il. Smith was attorney for the plain
tiff. He came into court and began to
explain that some other people also
had claims against the place and he
thought that the case should be passed
for time. Judge McCarty said he saw
no reason why the mortgage should not
be foreclosed at once and the property
ordered sold. He wanted the case clear
ed up. The attorney demurred, when
the court suggested that he would rem
der the place sold. 1t Is not often that
an attorney refuses to let the court
render judgment in favor of his petit
ton, but Smith wanted the case put off.
The Judge did not want 1t put off and
he entered decree ordering the prop
erty sold and the proceeds brought into
court. He said that IL there were other
claims they would be protected at the
proper time.
JURY CALLED.
The equity cases on the docket are
gradually being cleared up by Judge
McCarty and on May % the jury has
been summoned to appear for the trial
of law cases. Only one of the juries
drawn will be rquired to appear at that
time until Judge Taylor gets ready to
take up his law cases.
The jurymen who have been cited to
appear are as follows: H. Wathey, AL
lance; E. H. Brosius, Alliance; David
Hess, Alliance; Samuel H. Rockhill,
Canton; William H. Kettering, Jack
son; Solomon Lilley, Lexington; Louis
Liable, Lawrence; Jonas Schneider,
Plain; Henry T. Beatty, Massillon;
William Parks, Sugar Creek; Levi
Smith, Lawrence; George Rex, Canton;
Webster Lonas, Bethlehem.
ORDERED SOLD.
Attorney w. H. Smith appeared be-
fore Judge McCarty Thursday morning
asking for an entry in the case Of Mil
Ter & Delameter VS. Huber ct al. After
considering the matter the court gran
ted an order for the sale Of the property
of the Canton Music company.
A HUSBAND ANSWERS.
In the divorce case Of Elizabeth
Blantz, the defendant through Peter
his wife's petition be dismissed. He
says that he did not strike his wife, but
that she has a violent temper and has
often beaten him. Further he declares
that she Is spiritualist and has told
him that the spirits had told her to get
rid Of him and get another husband.
Blantz does not like to have the spirits
interfering with his domestic relations
and he wants the whole proceedings
stopped.
HUSBAND KICKED HER.
Florence Holibaugh has commenced
suit for divorce, alimony and the GUS
tody of the children against her hus-
band, Wallace w. Holibaugh. They
lived in Marlboro township and were
married in 1882. Four children were
born. The wife says that last Febru-
ary her husband kicked her and in
jured her so that she was laid up and
has not been well since. She also says
that he has neglected to provide as he
should. She asks for temporary in
junction to stop him from disposing of
his property till her affair is answered.
The suit was answered by Rogers &
Hart.
RECEIVER WANTS MONEY.
Horace Allen, as receiver of the Troy
Carriage Co., has commenced suit in
common pleas court through Miller &
Pomerene, against J. M. and Mary
Bergold for the collection Of judgments
aggregating about 5000. They claim
that the judgments are lien upon the
real estate Of the defendants, consist
ing Of house and lot in West Eighth
street and farm in Marlboro township,
and number of other firms who claim
to have judgments are also made par
ties defendant, and the court is asked
to have them set up their claims and
order the properties sold and the pro-
ceeds distributed