The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-04-17
CLEARING DOCKET
FOR THE CLOSE.
Judge McCarty Getting Ready
To Shut the Justice Mill.
IMPORTANT SUIT DECIDED.
Answer Filed In which 1t Is Claimed Note
Is yoId-Crueity and Neglect
Alleged In Divorce Case
Court News.

Alleged In Divorce Case
Court News.
Judge McCarty Friday morning took
up number of cases and motions that
had been submitted heretofore and be-
gan clearing up the docket for the final
adjournment of court for the term.
The suit of Lindlay F6gg against
Uriah Haines was decided. This case
was tried last week. Fogg is the trus-
tee in bankruptcy of Calvin Crowl, who
ran a tin store in Minerva. The latter
was forced into voluntary bankruptcy
by his creditors after he had turned all
his property over to his father-in-law,
Uriah Haines, on a chattel mortgage
given to Haines to secure him for money
he had loaned to start the business.
The other creditors were getting nothing
and tn trustee sued to recover the price
of the stock turned over to Haines. 1t
was agreed that it was worth $3.50. The
court held that under the law Haines
had no more right to the property than
any other creditor and he was ordered
to pay the trustee the $3.50. He will come
IN then just as other creditors for his
proportionate share of the assets. Judge
Albaugh, WHO represented Haines, filed
a motion for new trial, which was
overruled, and notice was given that
the case would be taken to the circuit
court.
ANSWER FILLED.
In the case of Davidson L. Brown VS.
w. S. Kline as administrator of Hugh d.
Brown for the collection of a promissory
note, Welty & Albaugh for the defense
have filed an answer. The defense
claims that the note is void because it
was given without consideration. Fur
ther 1t was claimed that the plaintiff
secured the signature of the maker of
the note at time when he was sick and
nearly dead and of such unsound men
tai condition that he was easily influence
ed, and that the plaintiff did influence
and coerce him in making the note, thus
providing for the defrauding of the
other heirs of the estate.
CRUELTY ALLEGED.
Sterling & Braucher have filed a pc
tition in common pleas court on behalf
of Annie b. Reeser, of Canton, in which
she asks for divorce from Theodore H.
Reeser, for the custody of their three
children and for the possession of the
household goods as alimony. She says
they were married in 1886. For thirteen
years he has neglected to provide for
the family, but has spent his time in
idleness and drunken revelry, while his
wife has washed, cleaned and sewed
to support the family. Not only this.
but his wife says he has been abusive.
On the S0th of March she says he kicked
her and was violently abusive in his
conduct towards her. Judge McCarty
granted a restraining order to keep him
from disposing of any of his property
or interfering with his wife until the
case is settled.
WILL FILED.
The will of Samuel Fosnaught of Cam
ton has been filed for probate. He left
all his property to his wife Emelne to
use as long as she lives, or until she
marries again. At her death or remar-
riage what is left shall go to the child
rem equally.
GUARDIAN REMOVED.
In the matter of the guardianship of
David Minser Of Marlboro a settlement
has been effected in probate court. Min
ser has been restored to sound mind
and by agreement of parties concern
ed the guardian has been removed and
he is restored to possession of his prop
erty and the ability to transact business
on his own account.
PERTINENT INQUIRY.
A motion has been filed in probate
court to compel Georgia Berkey to come
| to court and testify as to whether she
has any property that can be taken to
pay her debts. The plaintiff in the case
| is Judge j. p. Fawcett, as receiver for
| the Waynesburg Brick Co. The concern
is defunct and the judge was appointed
to compel the stockholders to pay up
under the law of the stockholders LA
| bility. Georgia Berkey was one of the
stockholders, but no funds have been
secured from her and she will now have
to come into court and tell whether she
has anything or not.
SEEK TO COLLECT.
Suit was commenced by Attorney
| Earseman Friday in the name Of Sheriff
Zaiser against Harrison Crlsswell ct al
for the foreclosure of mortgage and
the collection of two notes amounting to
$444.66 with interest from 1894. 1t Is
alleged that while Hiram Doll was
/ sheriff the defendants bought property
at sheriff's sale in Louisville and gave
notes and mortgage to secure the back
payments. These notes have not been
paid and it Is sought to collect.
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