Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-04-09

Judge III. C. lHervey opened the April
term of the Circuit Court Of Ohio coun-
ty yesterday morning. In the expecta-
ton that he. would call the attorneys
for both sides in, and render his decis-
don In the matter of the demurrer to the
petition by the old Board Of Public
works Tor a writ of mandamus, there
was large audience in the court room.
The docket was called, and cases set,
and several orders were entered. When
this work was completed there was
short pause. None Of the attorneys had
anything further to offer. Col. George
q. Caldwell asked to see the opinion in
the case of Hartigen VS.. the Board OF
Regents of the State University, which
had been sent by the attorneys for the
new Board, to Judge Hervey. Col.
Caldwell also remarked that he expect
ed to be out Of the city the latter part
of the week. Judge Hervey said that
he would send for him when he was
ready to pass upon the demurrer.
Judge Hervey took his hat and books,
and left the court room. The attor-
neys, court attaches, and spectators
were taken by surprise. Then the hui
NOR OF the situation was presented to
them, and general laugh followed.
Judge Hervey has been extremely
busy for week in Hancock county,
and 1t is understood that he has not
had time to look over the papers in the
man6amus matter 1t will probably be
several days before he passes upon the
demurrer.
Orders Entered.
Orders were entered yesterday morn
ing In a number of cases as follows:
In the case of Mary c. Davis VS..
Thos. c. Davis, defendant filed answer
and cross bill to the amended bill of
complaint of the plaintiff.
In the case of John C. Pebler in his
own right and as committee of Henry
and VIM. Pebler VS.. Henry Pebler de-
PENDANT, the cause was referred to G.
u. Flick commissioner to ascertain the
value of the real estate; and whether
it is susceptible of partition in kind, or
of allotment to one or more of the
heirs.
In the case of James W. Paxton's ex-
ecutors vs. Chas. e. Paxton and others,
the court ordered that the property be
divided, and that John Wagner, Chas.
Il. Paxton and Henry M. Russell, ex-
ecutors, make out deeds conveying to
Chas. F. Paxton the following ten par
GELS of property, namely: Half of lot
in Chicago on North Desplaines and
Fulton streets; nalf of lot on Van Blu
rem street, Chicago all of lot on
Twelfth street, this city; another lot on
Twelfth street, part of lot s square 8, on
Twelfth street; half interest in three
lots IN Chicago; part of lots in addition
to Chicago; certain other property in
Chicago; lot 4, on Sixteenth street.
wheeling; undivided one-third interest
In two tracts of land in Townsville,
Georgia.
The executors are also directed to
convey eight parcel Of property to
Chas. II. Paxton, as trustee for Gertrude
Logan Paxton; also six parcels of
property as trustee for Eliza w. Pax
ton.
The docket was then called for the
term. Following is the disposition which
was made of the various matters taken
up:
Part One-LaSv.
James Mccain G Bro. VS.. Trimble &
Lutz, dismissed at the costs Of the
plaintiff.
Anna McAndrews, guardian, VS..
Klondike Loan Company, motion to
dismiss set for April 18th.
r. L. Polk & Co. VS. l. T. Noise set
for Saturday on motion for security for
costs.
Louis Zimmerman's administrator
a. I'm -W1