The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-01-30
DEAD PLAINTIFF,
LIVE DEFENDANT.
Peculiar Divorce Case to BE
Tried In the Courts.
MAN WAS IN PENITENTIARY
And wife Thought She Had Divorce
From Him. Question Came Up On
Petition to Reestablish the
Case on the Docket.


into court and asks to have dead
woman granted a divorce from live
man, but that is just what happened in
Judge Taylors court Monday morning.
The case came over from Alliance. The
dead plaintiff probably cares nothing
about it but she left some heirs and the
disposition of the property hangs on the
question of whether she had q husband
or not at the time of her death. Scv-
eral years ago Thomas Webb, of ALI
ance, was sent to the penitentiary for
| life for having committed n crime
against the person of little girl of that
city, His wife afterward brought suit
for divorce and it is claimed that
Judge Taylor did in October, 1892, grant
decree for legal separation. Attorney
Harris represented the wife in the suit
and he neglected to prepare Il journal
entry for the decree and as a result,
as far as the legal phase of the case is
concerned, the wife never was prop
erly divorced, the only evidence in court
decisions being the record in the journal.
The woman probably thought she was
duly separated from her husband and
had she lived on, the question would
probably not have been raised. But
she died and then her husband was par
doned out and came back. The wife
had a property in Alliance worth about
200. The husband claims this now
and so do the sisters of the wife. And
the case was brought into the court for
the settlement of this issue. If the sis
ters can show that the wife was di-
vorced the property will descend to
them. If they cannot the husband will
get it under the law.
Attorney Fording represented Miriam
da South and the other sisters and ask
ed Judge Taylor to re-establish the case
| on the docket. Mr.. Rogers resisted the
} establishment on behalf If the hus-
band. The case presented some tick
lish points of law but after consider
able investigation the court ordered the
case re-established on the docket. This
will bring the question into court and
; upon the merits of the case the court
) will have to decide whether the record
l is to show that the wife is divorced or
) whether she is not.
ANSWER FILLED.
: William Naebke does rot propose to
5 allow his wife, Katherine, to secure a
divorce without contest. Through his
attorneys, Thompson and Glitch. and il
. B. Webber. he has filed an answer in
9 common pleas court. He says that he
always did what he should but that his
= wife abandoned him last year and tool
e the children away. He declares he al.
J, ways did and will yet provide for then
s if they will come back. He asks thai
. the wife's petition be dismissed and
Il that he be given the children.
n GIVEN A DIVORCE.
= Judge McCarty Monday mornine
handed down his decision in the divorce
case of John ForneS against his wife
p which the court heard last week anC
f took under considerati II. The judge
f was unable to confirm any of the ru
= mors that had come to his ears concern
s ing the matter of the plaintiffs con
{ templated remarriage in case the di
vorce should be granted and as the ev
:, idence against the wife was very strong
3 he decided that the husband SHOULD
8 have a divorce.
d A WILL CONTEST.
= In the suit of Albert Gurski ct al. VS.
e Caroline Gurski ct al. for the purpos,
: Of breaking the will of John Gurski
: the defendants, through Lynch and Da!
have filed answers. The defendants in
cluding Henry w. Hossler, the executor
in their answers admit that John Gursk
was sick at the time he made the will
but they deny that he was of unsounC
mind.
e TAKEN TO COURT.
The replevin suit of Katherine Hay
- I against Aaron Lind and DR.. F. E
Young, in which she tried to hold batl
tub and some other property and whicl
J. Justice Reigner decided against tn
't plaintiff and decreed that she must pa,
damages in the sum OF six cents, ha
. been taken into common pleas cour
n on transcript. The costs in the cas-
J. now amount to $24,SO.
CRUELTY AND ABUSE.
n Elizabeth Hagen has commenced di
virce proceedings against her husband
" Samuel Hagen, of this city. In her pc
g, tition which was filed Saturday even
ing by Attorney Piero, she says the!
t, We're married in 1891 but that for fiv
years last past her husband has beer
g cruel and abusive. She says he re
peatedly struck her and finally aban
doner her. The defendant has a lot il
= Canton worth $500 and she asks for
= divorce and alimonY.
AN ABSENT WIFE.
Judge Fawcett on Saturday evening
IT filed a petition in common pleas cour
on behalf Of William II. Werner VIII,
4, wants a divorce from his wife, Cor'
i Werner. The couple were married il
1894 and have one child. The HUSBAND
claims that his wife has been absen
| from his homo for mora than thra