The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-02-27
TWO REVERSED,
FIVE CONFIRMED.
Circuit Court Hands Down De-
cisiOns This Week.
NO DISAGREEMENT OF JUDGES.
Both Held the Same Opiuions on all Cases
Submitted A Full Bench Will
Hear Suits Next Week At
the Sessions.

| The circuit court opened at o'clock
| Saturday morning for the rendering of
decisions in the cases heard during the
week. Judge Douglass in beginning the
session alluded to the fact of the death
of Captain Black, the father-in-law
of Judge Adams. which was respon-
sible for his not being in court The
attorneys were thanked for having sub
mitted their issues to a majority only
of the bench. Judge Douglass, how
ever, stated that the two judges sitting
had entirely agreed upon all the cases
submitted to the issues made.
Liable LOSES AGAIN.
The first case decided was that of
William c. Liable VS.. William F. Sha-
rio and William Dannemiller. Liable
had given the defendants 5000 for stock
in the Canton Insulator Co. The COM
pany was not organized as soon as Lab
be desired and he demanded his $500
back, Defendants refused to return 1t.
Suit was made in common pleas court
and the plaintiff lost. He carried up
the case on error. The circuit court
found no error in the record and affirm
ed the Judgment and verdict of the
lower court. Judge Douglass rendered
the opinion. The case was tried in COM
mon pleas before Judge Taylor.
LOWER COURT REVERSED.
Judge Vorhees gave the decision in the
case of Urs. Myers VS.. the village Of
Navarro. The village had changed the
grade in front of Myers property and
the latter sued for $500 damages. The
suit was tried in common pleas court
and q Judgment rendered for $25 and
costs in favor Of the plaintiff. The viii
lage took the case UP on error claim
ing the case was one involving tress-
pass rather than nuisance and that be-
ing so. under the law, when the judg-
ment was for less than $1O0 the plaintiff
had no right to escape all the costs.
Circuit court found the case came in
the category of nuisances but found no
evidence to sustain the charges in the
petition, to wit: That the damage to
the property was caused by filling the
street in November. 1898. Because of
ldCh VI lulS GNluChNS llSSSSSolS W AOiAh
proof the court found the verdict eX-
cessive and not in harmony with the
testimony, and, therefore, reversed the
judgment of common pleas court. The
case came from Judge Smiths docket.
VERDICT SUSTAINED.
The case of John Whitmire against
Aaron and Harriet Rohn was reviewed
by Judge Douglass. Whitmire had been
arrested in probate court charged with
assault. He was acquitted and then
sued the Rohn's for damages for mali
cious prosecution. In common pleas
court before Judge McCarty and jury
Whitmire got $3.50 damages. The case
was taken up on error. The principal
contention was over the charge Of the
court to the. jury in the lower court.
The circuit court, however, thought the
charge was all right and the lower court
was affirmed. Judge Douglass rendered
the opinion. Judge Baldwin announced
that they would take the case to the
supreme court.
A BIG COST BILL.
The case between Jesse b. Miller and
Archibald Casteel was reviewed by
Judge Douglass. Miller's boy had sold
buggy to Casteel. Miller claimed the
boy did not own it and replevined the
rig. Two trials were held before Justice
Reigner and Miller won each time.
Then 1t was tried in common pleas court
before Judge Taylor and Casteel turn
aI fha ta hlac crnf tho uar6tot The
matter came to circuit court on error
1t was claimed by Miller that the JUS
tice erred in overruling the first
verdict and granting a second trial and
that re common pleas court had no
jurisdiction because the lower court had
no jurisdiction by reason of the fact
that the case had been transferred
from one Justice to another and juris-
diction lost there. Circuit court found
no error and affirmed the lower court.
The court stenographer's certificate
failed to state that the testimony sub
mitted was all the testimony and the
circuit court refused to consider the
evidence. Mr.. Sterling asked If the
court would correct the record but it
refused. The buggy involved IN the
case was worth $40 but the costs now
amount to about 5000 and Miller will
have to foot the bill and lose the buggy.
CITY WINS AGAIN.
Judge Douglass discussed the cause of
Margaret Chambers vs. City of Canton.
Plaintiff had sued the city for $1,000
damages because she fell on the pave
ment and was hurt. In common pleas