Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-05-13
Some Facts Set Forth
In Demurrer.
Trustees Take Their Turn-Court
House News.

A demurrer filed in the case of Fred
crick Dethloff vs. Louis Schuett ct al
contains more of fact than fiction. 1t
up with the parade of progress you
will be placed on the shelf as antiquity.
The action was instituted to enjoin
the defendants from using the water
of the creek on which their mill is To-
Gated The plaintiff alleged that the
defendant had so changed his mill by
putting in IL turbine water wheel that
he could not get sufficient water to
operate his plant The defendants
have filed a demurrer to this petition
alleging that the plaintiff does not
state facts sufficient to constitute a
cause of action.
In support of that claim they submit
the following brief: 1t reads:
'"rhe petition does not show that
the defendants in the operation of
their mill We're restricted to the use of
a water wheel such as 1t described In
the petition or that defendants had
no right to use a turbine wheel. Nei
ther does the petition show that the
defendants were restricted In the oper-
alton of their said mill to the use Of
pears from the petition that when said
mill was operated by means of water
wheel. there was sufficient water to
operate plaintiffs saw mill, 1t nowhere
appears that defendants We're forever
limited to the use of the old fashion
water wheel and the two burrs. This
is an age of progress, not alone in the
manner of operating grist mills. The
old fashion water wheel is but a ira
dition. The only place where it is
found is upon the canvas of the
artist. In the absence of specific
limitation of the defendants right to
adopt new and improved devices for
the operation OF his mill, we do not
feel that the court would he justified
in rclegating him in such operation
back to the middle Of the nineteenth
century
CHURCH COMES BACK.
The Board Of Trustees Of the African
Nj. II. Zion church has filed an answer
to the petition of Levi Pinn. who asks
Judgment for $3.50, which he alleges
he advanced for the Improvement OF
the editice occupied by the congrega
tion. 1t is alleged that while Mr. Pinn
was acting rs treasurer for the BOARD
and the Aid Society of the church he
received money from the last nameC
organization. He was given the cash
to make part payment on piano
which was placed in the church. AT
terwards II is alleged. Mr.. Pinn haC
the instrument removed from thu
church and taken to his home. Th,
Board says that he received moro tIyar
enough to pay him for all that he ad
vanccd.
WIFES MOTION.
Mrs. Fannie NJ. Dichl. the plaintiff
in a divorce action against Hcrber
II. Diehl, has filed a motion askin,
that she he given the use of $50 dur
ing the pendency of the acton. Ate
the petition was filed her husband. sh,
says lett for Buffalo to avoid hnvin,
summons served on him. The none,
was In the possession of attoney |. Fl
\ Phelps. a chemical company has
sued Diehl in Justices court and th
money Is tied up. Mrs. Diehl needs I
for the support of herself and children
LITTLE INVOLVED.
An action involving $3.50 has beeI
decided by Judge Kohler in favor O
the plaintiff, James Palumbo, an en-
ploye of the Werner Co., was sued 70
the amount named in Squire Cole
mans court Judgment was rcturne
against him, He tried 80 appeal th
case TO Common Pleas court but tn
Justice refused to furnish him with
Transcript of the case. He went int
court and forced him TO do so and III
Judgment is in his favor.
DEFAULT JUDGMENTS.
w. +. Clause has been given iuds
ment for $45i.67 against Frank L. BE
lows, A Judgment for $5,I3S01 ha
heen given the plaintiff in the case c
Moses B. Scwah VS.. l.. NJ. chsffee.
CALENDAR ENTRIES.
The case Of Maude Gordon VS., Cha,
} ], Core has been settled.
The receiver in the case of Th
Standard Hardware Co, VS.. Theodoi
Peterson, has been dismissed.
a motion in the divorce action {
Lizzie Harris VS.. Thomas Harris ha
been sustained.
The injunction case or John Allie
vs.. Kate j. Beck has been settled.
-------.----------->
Louis Deman, private In Co.
: Second e, s infantry, accused Of ha