The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-02-13
NEW TRIALS
WERE REFUSED.
Judge McCarty Decides That
Two Verdicts Must Stand.
SUSTAINED A DEMURRER
Attorney werntz Drew victory For the
Knights and Ladies or Security
other Cases In the
Courts

| Courts
Judge McCarty wrestled with the mo-
tion docket Monday morning and dis
posed of several little legal bubbles of
the attorneys.
The first thing up was the motion for
a new trial in the case of DR.. Dewitt
VS.. the trustees of Pike township Mr..
Krichbaum represents the plaintiff and
John c. Welty the defendants. The
court could not see any cause for new
trial and overruled the motion.
| Then Attorney Sponseller appeared
and wanted new trial in the case Of
Curtis Richardson against the Plain
and Jackson township Mutual Insur-
ance company. Judge Fawcett was on
hand to represent the insurance COM
pany if 1t was necessary but 1t was not
needed. The court refused any further
| trial.
Attorney Werntz came up with de-
murrer to the petition filed by Jennie
Hammer against John Shellhase and
other officers of the knights and Ladies
of Security in the controversy between
the members of the knights and Ladies
of Honor who staid in and those who
went out and organized the knights and
Ladies of Security. The demurrer was
based on the proposition that the petit
tion did not state whether the knights
and Ladies Of Honor was a corpora
| ton, partnership, or what it was. The
court sustained the demurrer and un-
less the petition is changed the case will
have to be dropped.
THE DIVORCE GRANTED.
Judge Taylor Monday morning rem
dered his decision in the divorce case
of Margaret A. Patterson against Will
liam j. Patterson. The parties live in
Alliance and the trial was held two
weeks ago. The testimony was of such
an unusual character that the court had
to take time to think about it before he
granted the divorce. The decree was
that the wife should have a divorce,
the custody of the child, $500 Of alimony
and $40 month for the support of the
child.
TO COLLECT A JUDGMENT.
The Aultman company, through At
torney Baxter, has commenced suit in
common pleas court to collect judg-
ment against James e. and w. H.
Scott. The amount claimed is $234.37.
TO GET A LIEN.
In the case Of II. c. Long against ].
A. Stoffer, in which the plaintiff got
judgment in Justice Bowman's court for
$14.95, transcript has been filed in
common pleas court for the purpose of
getting lien on the property of the
defendant.
A BIG LAWSUIT.
Judge Taylor on Monday took UP the
case of John Robson against the How
ellis Mining company of Massillon. The
plaintiff was injured while working I'm
the mines of the defendant and he is SUI
ing for $4,000 damages. Attorneys
Swan of Cleveland and Amber of Can
ton represent the plaintiff and Judge
Thayer and Mr.. McCaughey the defend
ant. The suit viii probably last two or
three days. Attorney Swan had not ar
rived this morning and the other attor-
neys impaneled the jury and then court
was adjourned till l o'clock, when the
trial began.
NO DEFENSE.
Judge Albaugh went before Judge Nc
Carty Monday morning representing the
plaintiff in the suit of Joseph Vessariat
against Michael Sigfried and others.
The action was for the foreclosure of a
mortgage and the collection of $4242O.
No defense was made and the court
gave Judgment for the amount in favor
of the plaintiff.
DOCKET CLEARED.
Judge McCarty cleared up his assign
ment for Monday before dinner and
then took up Judge Taylors docket and
disposed of the remaining cases which
the latter had not been able to reach.
None of the cases were ready for trial
and nearly all were settled by the at
torneys out of court.
The case of Sarah Motz vs. John Pom
tius's administrator was adjusted. The
litigants agreed substantially upon the
facts and the court heard the matter
and entered up judgment for the plain
tiff for $475.
The case of William H. Smith, trus-
tee, VS. John Hadley, was settled out of
court and taken from the docket. The
plaintiff had secured a judgment in JUS
tice court for $62 and the defendant
agreed to pay half the claim and the
costs.
The suit of George II. Stewart VS. Sc
bastian Joliat was continued till next
week, the attorneys representing to the
court that the controversy was in pro-
cess of amicable adjustment outside of
court.