The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1901-10-15
CIRCUIT COURT
DECISIONS.

FRIDAY aIteTnOOn III ali tne cases suD-
mitted to them at the semi-annual
session. The syllabi of their decisions
is given in full:
Robert p. Kennedy, ct al, VS.. The
Bellefontaine Free Library Associa-
ton, ct al. Appeal. Consolidated
with and disposed OF with case 3O5.
John NJ. Lawrence, executor, ct al,
VS.. James B. Townsend, Receiver, ct |
al. Error. No error. Judgment af-
firmed. Costs assessed against plaint-
iff in error. No penalty. Judgment
for costs. Execution for costs award
ed. Remanded for execution.
This is one of the cases brought to
collect the Columbus & Northwestern
railway notes, and the Court holds
that the note shall be paid.
John d. Inskeep VS.. James B. Town
send, Receiver, ct al. Error. No er-
ror. Judgment affirmed. Costs adj
judged against plaintiff in error. No
penalty. Judgment for costs. Execu-
tion awarded. Remanded for execu-
ton.
Robert P. Kennedy, ct al, VS.. The
Bellefontaine Free Library Associa-
ton, ct al. Appeal. Find for defend
ant Good. Sustained his demurrer to
plaintiffs petition. Judgment accord
ingly. Overruled demurrer of defend
ant Library Association to plaintiffs
petition, and defendant not desiring to
further plead judgment is entered up
on said demurrer and the injunction
is made perpetual. Motion for new
trial overruled.
John NJ. McGinnis VS.. Henry Nc
Kinnon. Error. No error. Judg-
ment affirmed. Judgment for costs
against plaintiff in error. No penalty.
Execution awarded. Remanded for
Execution.
| Wayne G. Black, minor, VS.. An
drew j. Surface. Appeal. Find for
Iplaintiff. Injunction made perpetual.
Judgment for costs against defendant,
the Board of Education. Execution
awarded. Defendants motion for new
trial overruled. Remanded for execu-
ton.
This is the case involving the right oi
the West Liberty School Board to col.
! lect tuition fees from residents of the
county.
Emery P. Lockhart, etal., VS.. James
L. Lockhart. Error. Noerror. Judg.
ment affirmed. Judgment for costs
against plaintiff in error. No penalty
} Execution awarded. Remanded fol
; execution.
; George Carpenter, administrator, VS.
1. n. Gearing, ct al. Error. Find er
ror. Finding and judgment of Com
: mon PleasCourt against the weight o
the evidence and contrary to law
Finding and judgment as to defendan
t Gearing set aside and upon the undis
: puted facts entering the judgmen
: which the Common Pleas should hav,
entered. Find for plaintiff in error
: George Carpenter, against defendan
Gearing. Judgment accordingly
: Judgment for costs against Gearing
E No penalty. Execution awarded. Re
? manded for execution.
i The State of Ohio on relation of Johr
NJ. Sheets, Attorney General, VS.. Lewis
, Courier, ct al. Find for defendant
= Courier, Vaughn, Bishop, Knight ant
: Miller. That they are the duly elected
q and qualified and acting members o
A the Council of said village of Zanes
field, and find against said defend
: ants Plummer, Henry, Small, Marcel
: and Grubbs that they and each of then
e are not elected and not entitled to 81
e in said Council and are not authorized
e to act as such. Judgment of ouste
s against said last named defendants
: and judgment for costs against them
e Execution awarded. Motion for nev
g trial overruled.
e Warren F. Knight VS.. William
: Stevenson, ct al. Appeal. Find fo
t plaintiff. Decree or prayer in petition
Judgment against defendant for costs
Execution awarded. Motion for new
trial overruled. Remanded for execu
ton.
Thomas Burke VS.. The City of Belle
fontaine Error. Find error. Find
ing and judgment against the weight
of the evidence. Judgment of Com
mon Pleas Court and Mayor set aside
Costs adjudged against defendant
Judgment for costs. Nopenalty. Elk.
ecution awarded and upon the undis.
puted facts set forth enter the judg.
ment which the Common Pleas Cour,
should have entered. Order the plaint-
iff in error discharged. Remanded fol
execution.
: Burke was arrested for being in his
saloon ON Sunday, but Court held that
his act could not be held to be keep.
ing open."
w. c.. Hollenbeck VS.. The City ol
Bellefontaine. Error. Find error.
Ordinance invalid. Judgment set
aside. Plaintiff in error discharged.
Judgment for costs against defendant.
No penalty. Execution awarded. Re-
manded for execution.
In this case the Court held that the
ordinance was invalid because it was
passed by only four members of the
Council. 1t will be remembered that
this was a case to test the validity OF
the prohibitive ordinance passed last
Fall.
| Charles NJ. Wanzer VS.. David Hogue.