The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-01-16
A MOTION Is OVERRULED.
Court Declined to Set Aside Verdict
Against Maudru Estate.
NEWS FROM THE COURTS.
Several Lawsuits Filed That Will BE Tried
Later--Both Judges Busy In Their
Respective Court Rooms A
Heavy Damage Suit
Filed.

Heavy Damage suit
FILED. .,
Judge McCarty and Judge Taylor were
both on hand early Monday morning.
Judge McCarty handed down a decision
in the case of the George d. Harter
bank against Anthony and Mary Piero,
which was tried last week. The bank
sued to have the court set aside trans
fer of real estate made by Mary Piero
to her daughter Bessie. The testimony
showed that Mary Piero owed the bank
$500 and suit was threatened. Then
Mary Piero decided the property to her
daughter. 1t was shown that the
daughter and other children had paid
$1,97O on the property but witnesses tes-
titled that it was worth more. Judge
McCarty said he thought under the
proof it was worth about $2,700. This
being true, the bank had right to
lien on the property, as it was evident
they loaned the money in view of the
fact that Mrs. Piero owned the place.
The court held that the transfer should
be set aside. The children are to have
the first lien on the place. After that
Mrs. Piero is to have a homestead right
and then the bank is to have it's judg-
ment. The bank. however, is not to
have the right to sell the property on
it's claim.
CASE SETTLED.
The case of Hayman Putnam against
Judith Putmans executor was settled
and taken from Judge Taylor's docket
Monday morning. The litigation was for
the purpose of breaking the will Of
Judith Putnam If possible. Hayman
claimed about 5000 more than he was to
get by the will. Shelter and McCarty
represented the plaintiff and Allen Cook
the defendant. The lawyers got to-
gether and compromised by the defen-
adant 4-6ying the plaintiff 1925.
- MOTION ovERRULED.
The motion for new trial in the case
of Ohio VS.. Maudru, which was held
over from the last term of court was
argued Monday morning before Judge
NIcCarty. In this suit the county got
a judgment against the Maudru estate
for about 81 900. Mr.. Welty represented
the defendant and Mr.. Pomerene the
county in the argument for a new trial.
The court refused to grant any further
consideration Of the case in his court.
ALIMONY PENDENTE LITE.
Judge Taylor heard the motion for al
imony Monday morning in the divorce
case of Emma against Edward Remely,
of Massillon. The wife was represented
by Attorney Pinn. The court allowed
$50 to the woman during the trial.
ANSWER FILED.
In the divorce case of Elsie against
John Willaman, of Massillon, Attorney
Pinn has filed an answer on behalf of
the defendant. He does not propose to
allow his wife to prosecute the case
without a contest. He declares that he
has always provided for the family to
the best of his ability.
.'H PARTITION SUIT.
William Stallcup, of Alliance, has
sued Henry ]. Bradshaw and others for
the partition Of Sc acres of land in Lex
ington township. David Fording is the
attorney for the plaintiff. .
SUIT ON CONTRACT.
Mary Gaskill, through her attorney,
j. A. Rice. has sued Michael and John
Bast for $46627. She says that at the
time the Bast Brothers sold the fur
niture at the Yohe hotel they took her
stock of groceries at Alliance for pay.
The bargain was that If the stock in
voiced more than $4,000 Bast Bros. were
to give a note for half of the excess and
furnish groceries for the balance. The
stock invoiced for $1,000. She says the
groceries they should and besides, kept
some of the furniture. She asks judg-
ment for s466,27.
DAMAGE CASE.
Louise Kohler has sued j. II. Eller,
doing business as the j. H. Eller Co.
for $1,000 damages. She says that
some six years ago the defendant put
steam hammers into his manufacturing
plant which is directly east of her prem
ises on East Tuscarawas street. and
y, that the machines make such racket
that she has had her health injured and
Furthermore the hammers have Jared
the plastering loose in her houses and
cracked a brick wall. She says the
hammers are going night and day.
Welty and Albaugh are her attorneys.
WANTS TEN THOUSAND.
Mrs Ada Houghton on Monday be-
gan suit in common pleas court against
4 the w. & l.. r. railway company for
/, $4,000 damages for the death OF her
husband, Jesse Houghton. She is ad-
ministratrix OF the estate of the de-
ceased and the suit was brought in his