The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-03-06
CIRCUIT COURT
RENDERS DECISIONS
Four Common Pleas Judgments
Upheld, Three Reversed.
MORGAN ENGINEERING co. WINS
And Gets an Injunction Dissolved 900
Tyler Case Decided--Court Said
Tyler Was Guilty OF Larceny
The Decisions.

The Decisions.
The circuit court assembled at eight |
o'clock Saturday morning and handed
down decisions in the cases heard dur
ing the past week. Several cases were |
reviewed and passed upon. In all the |
error cases the lower courts were affirm |
ed, there being four of this class of ac-
tions. In three appeal cases the judg- |
ment of the common pleas court was
reversed. In all these there was consid-
erable change in the testimony intro
duced in the two courts, which is prob
ably responsible for the difference of
opinion.
YOUNGINGER VERDICT CTAFFIRMED
The first case decided was the contro-
versy between George Younginger's ad-
| ministrator and the Diebold Safe and
| Lock Co. Younginger came to his death
| from injuries received while working in
| the shop. His widow sued for damages
and got verdict in common pleas court
for $500. The defendent took the case
| up on error. They asked for O new trial,
and alleged that the court below in ad-
| mitting certain testimony and
making the charge to the jury COM
mitted error prejudicial to the rights
of the defendant. Judge Adams re-
viewed the case. He reported that the
court had found no error in the record,
and that the evidence was sufficient for
the verdict. The judgement below was
| therefore affirmed. The case came
| from the court of Judge McCarty.
| INJUNCTION KNOCKED OUT.
Judge Douglass reviewed the case of
Martin Grimes ct al VS. City of Alliance
ct al. The city had vacated part of
Cambridge street running through the
property of the Morgan Engineering Co.
The Morgan Engineering company pre-
pared to appropriate the street vacated
and build an addition to their shop on
the ground. Property owners farther
down the street objected to having the
street closed and seud for an injunction
to stop the Morgan engineering Co. from
obstructing the street Judge McCarty
granted the injunction in common pleas
court and the Morgan Engineering Co.
carried the suit up on appeal. At one
end of the Morgan Engineering Co. land
the G. & p. railroad runs, and the proof
before circuit court showed that neither
the city nor the people ever had street
right across the tracks. This being true
the court held that it was not contin-
uous street and that therefore the prop
erty owners never had any right of way
over this. In view of this condition the
court reversed the lower court, refused
the injunction and dismissed the petit
ton.
A DOMINICK TYLER LAW SUIT.
Judge Vorhees rendered the opinion
! on the suit of Hiram r. Wise ct al Vs
Dominick Tyler ct al. The issues grew
out of a certificate of stock in the Die
bold Safe & Lock Co. for $780, Tyler
owned the stock. He lost it, and while
it was missing sold it to W. w. Clark.
Not having the original certificate, the
company agreed to cancel the original
certificate and issued another in its
place. Afterwards Tyler found the old
certificate and fraudulently used it,
without the knowledge or consent of
Clark or the company, to secure certain
debts owing by him to A. @. Mcdowell
and the Farmers bank. The issue to be
, settled was as to whether the original
, certificate was to be held good and paid
: by the Diebold Safe & Lock Co., OF
whether the bank and Mcdowell would
have to lose it. Judge Vorhees said the
proof showed that when Tyler had hy-
y pothecated the stock he did not own it,
5 and knew he did not own it. Judge
e Taylor in the lower court held against
Mcdowell and the bank and the circuit
court affirmed the judgment.
! SAFE COMPANY LOSES ANOTHER
Judge Douglass reported the case OF
Emanuel Bowe VS. the Diebold Safe &
= Lock Co. Bowe had his arm injured
4 while working at the shops and in COM
: mon pleas court before Judge Taylor
8 and jury got verdict for $4,000 dam
$ ages. The bench affirmed the verdict
= and judgment rendered below.
COURT COULDN'T INTERFERE.
q The case of j. l.. Russell VS. Thos. T.
Mcpherson ct al was reviewed by Judge
: Adams. Russell got judgment agains
n Mcpherson for $7420 for grocery bill
a and wanted to levy on MCPHERSON
l barber chairs. Mcpherson had his wife
}: transfer her real estate to their sons
4 The plaintiff claimed this was done t
o prevent him from collecting his judg
q ment Judge Adams said the court haC
s an idea that the transfer was made t.
defeat Russells claim, but that did no
II settle this case. Judge Taylor's judg
d ment in common pleas court II, favor o.
n Mcpherson was therefore affirmed.
PLAINTIFF DEFEATED.
a Judge Vorhees handed down the de
clsion in the case Of John zutavern VI