The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-07-10
NEWS ITEMS II.
FROM COLUMBUS.
Petition of Plaintiff In Error In
the Supreme Court.
EIGHTH REGIMENT RECRUITED
Up to Its full Quot& of Members which
Brings the Membership UP Close
to sOO--Columbus
Budget.

Brings the Membership Up Close
TO 500 columbus
Budget.
From STAFF Correspondent.
Columbus, July Tin the case Of the
George d. Harter bank, Billingsley, |
Taylor C Company and II. M. Thayer
& Company, plaintiffs in error, against
Jennie e. Barrie, The Handy Wagon |
company and Franzo d. Miller. assignee |
of the Handy Wagon company, defen-
dants in error. which as stated in the
News Democrat was filed in the su.
preme court. The petition Of the plaint- |
dffs Is as follows:
The plaintiffs in error say that they
are corporation duly organized un-
der the laws of the State of Ohio; that
at the February term Of circuit court
of Stark county, Ohio, 1900, the defen-
dant in error, Jennie e. Barrie, recov-
cred a judgment against the plaintiffs
in error by the consideration OF said
court in an action then pending, where
in said George d. Harter bank, Billings,
Taylor G. Company and H. NJ Thayer
& Company were plaintiffs and said Jen-
ME E. Barrie was one Of the defendants.
a transcript of the docket and journal
entry whereof, with the original plead
ings and bill of exceptions Is filed here
with, there is error in said record and
proceedings in this, to-wit:
First. The said judgment was given
for the said Jennie Z. Barrie when It
ought to have been given for the plaint-
iff in error.
Second. The said finding and judg-
ment are contrary to law.
Third. The court erred in its findings
and conclusions Of law.
Fourth. The facts as found by said
court are not sufficient in law to con-
stitute a defensive to the action Of the
plaintiff in error, the plaintiff below.
Fifth. The facts as found by said
court are not sufficient in law to sustain
the judgment found by the court in
favor of Jennie E. Barrie, the defen-
dant in error, the defendant below.
Sixth. Other errors apparent upon In
exception Of the record. Plaintiffs in
error therefore pray that said judg-
ment may be reserved and that they be
restored to all things by them los by
reason thereof.
Miller and Pomerene and Harter and
Krichbaum are the attorneys for the
plaintiffs while A. A. Thayer Is the legal
representative of the defendants.
The suit is the outgrowth Of a judg-
ment for $1171.10 on q note which Jennie
e. Barrie obtained by confession from
the Handy Wagon Company on Decem-
ber Z, 1898. The plaintiffs claim that
the company was indebted to them at
that time and further assert that 1t was
not to have been given. They carried
the matter to the common pleas and
circuit courts but in each case judg-
ment was given against them.
The defendant valves issuance OF
summons and has voluntarily entered
her appearance.
The Eighth regiment has been re-
cruited up to it's full quote which brings
the membership close up to 800. The ex,
act strength of this command will be
known in few days when the quarterly
reports come in from the various COM
pany commandants. The companies are
all fully equipped and the statement !:
made by persons in authority that there
is no finer regiment in the state.
William S. Jarrett, captain-elect, ant
Bernard E. Dever, first lieutenant-el elect
Company X, Alliance, have been or
dered to appear before the state examin
ing board at Columbus on July 13.
Adjutant General Gyger was at thu
state encampment grounds at Newarl
yesterday on tour Of inspection. HI
will order certain improvements.
The appointment Of Thomas w
Sharp, Of CoIumbiana county, Thurs
day, to be a guard at the penitentiary
makes the third position Of that kim
that county has secured. Sharp's ap
pointment is due to the influence of hi
brother, G.. V. Sharp, Of Salem, an
others prominent in politics. Sharl
will probably be located in the hospita
and have charge of the commissary de
partment there. The position is classes
under the head Of guard. He will b
notified to report for duty at once.
The Republican state executive com
mittee will meet in Columbus next wee
and among other things will elect
chairman. A great many incline to tn
belief that General Dick will be chosen
Reports confrmatory to this have com
here from Canton. but Of course IL Die
is made chairman he will be unable t
take an active part in the work Of tn
national committee. Of which organiza
tion he is the secretary. 1t is a rumo
that General Dick may be candidat
to succeed Foraker next year as senator
GEORGE Il. BLAKE.