The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-02-02
Judge Taylor Takes the Matter In
Hand and Will Decide 1t.
A VERY PECULIAR LAWSUIT
In which Grass widower Claims Home
stead Exemption and Insists That
He Has the Same Rights
Uner the Law as
Bona Eide widow.

Judge Taylor was confronted with a
knotty proposition in suit brought be-
fore him Monday afternoon. The ac-
ton was brought by John Shaw against
his own assignee for the saving of a
homestead. The question which the
court will have to determine is whether
grass widower is widower or
whether he is not The case comes
from the Carroll county courts. Shaw
lives in Carrollton but his attorney is
w. o. Werntz, of this city, and the as
signees attorney is Mr.. McVickers, of
Lisbon. Neither one can get to Car
rollton easily to try the suit and so
Judge Taylor permitted it to be trans
ferred to Canton. While living to-
gether, Shaw and his wife got into hard
financial lines and Shaw made an as
signment. Then there was a separa-
ton and Shaw took one Of the children
and the mother took the other. A di-
vorce was secured. Now Shaw claims
that under the law he is entitled to
homestead exemption out of his as
signed estate because he is a widower
hands. The assignee refuses to allow
him the $500 homestead exemption,
claiming that a grass widower is not a
widow nor a head of a family such as
the law SAYS is entitled to homestead
rights. The case was tried in the pro-
bate court at Carrollton and the grass
widower was awarded the $500 but the
assignee appealed and now Judge Tay-
lor will have to settle the question. The
attorneys in the case went through a
whole library Of law books and then the
court took the matter to consider and
decide at his convenience.
AN OLD CASE.
The case of w. S. Shertzer against
Dudley Reed has now reached the pro-
bate court. 1t started with the justice
court of Squire Reigner where the
plaintiff got judgment for $12O.27.
Then the case was taken to common
pleas court and the sheriff was armed
with an execution writ to go out and
collect the amount. The sheriff report
ed that he could not find anything to
come into probate court to try for sat
isfaction Aemotion has been filed for
an examination of the defendant to see
whether he has anything that can be
reached to satisfy the judgment. The
probate court has ordered Reed to come
to court Wednesday afternoon and re-
cite under oath whether he has any
thing or not. The Palace Livery Co.
has also been cited to appear and state
whether they owe Reed anything.
WAS REVOLVING.
Alliance was in evidence again Mon
day morning with another sensational
divorce case. The plaintiff was Margaret
A. Patterson, and the defendant Will
liam j. Patterson. The trial was held
before Judge Taylor with Attorney
Craine representing the plaintiff and
Rogers and Carlin the defendant. The
wife alleged extreme cruelty on the part
OF the husband. Her testimony was
the most revolving that has been given
in the Stark county courts for several
terms. 1t was upon matters that only
the husband and wife could testify and
he relied upon a total denial to free
him from the charges. The case was
finished at 1870 o'clock and the court
took the matter under advisement to
decide later.
DISPUTED ACCOUNT.
Judge Taylor on Monday evening just
before adiournment took IN the hear