Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-11-23
ORDER
Issued to the N.
o. 7. Co.
Must Come Into De
Mangeont Case
Or Allow Property to Go Back to
to Receivers.

subject matter for serious thought on
the part Of the N. o. T. Go. 1t is
ordered to appear within 80 days, in
the Common Pleas court, Of Summit
county and have Itself made party
In lieu of the receivers OF the Akron
Street Railway & Illuminating Co., in
the action now pending to recover $l0,-
600 to the estate of Stephanie De
Mangeont, for injuries she is alleged
to have received, while on street car
In May, 1898, at the corner of Bowery
and Exchange SITS. The car jumped
the track, and 1t Is said the injuries
ceived by Mrs. De Mangeont caused
her death, not long afterward. Her hus-
band, Joseph De Mangeont, Of 12o
Edgewood ave-, as administrator OF
the estate, is now prosecuting the
case.
If the N. o. r. Co. fails to comply
with the order, Judge Wing has direct
ed that the receivers, Messrs. Grouse
and Beebe, who were discharged by
court, in Feb. 1900, be reinstated, and
the property now held by the N. o.
L. Co., returned to their hands, and
remain in their control until the case
pending in the Summit County Court
of Commo Pleas is adjudicated. The
estate of Mrs. De Mangeont asks $1O.-
600 damages.
This condition of affairs is the re-
suit Of an argument made before
Judge Wing Friday by ex-Mayor
Young, of the firm Of Young & Wan
amaker, counsel for the De Mango
onts. The Everett Moore syndicatel
was represented BY Attorney f. A.
Henry, Of Cleveland, who vigorously
opposed the granting OF the order.
This phase has been introduced into
the case as the result Of al, applica.
tion made to court by the receivers of
the Akron Street Railway g. IlIumi.
mating Co., asking that the case against
them be dismissed, upon the groun
that their discharge from receivership
barred them from further prosecution.
This claim was set up during the early
part of the October term, and its be.
ing new phase, Young & Wanamaker
asked for continuance of the case to
the January term, pending further in
vestlgation. A motion for the plain
tiff was Immediately filed in the Cir
cult Court, asking that the order dis
charging the receivers be vacated for
the purpose of having them remain as
defendants in the action against them
After a.great deal OF argument, tn,
Court granted the order asked fol
by Young & Wanamaker, by making
the n. o. r. Co., the present owners
of the property defendant In the case
OF else transfer the property back t
the receivers.
DEMURRER SUSTAINED.
Judge Hayden has sustained the de
murrer in the case of A. w. Hall VI
Justice j. X. Campbell which was de
scribed In the Democrat Thursday
holding that a Court cannot be helC
as a guarantee for bonds II approves
The plaintiff has excepted to the rul
ing and decision has not yet been Civ
en-.
GRANTED ALIMONY.
Matte Bensinger has been granted
alimony-.$4,5O a week--from Erwin
Bensinger. She had also petltioned fo
Il divorce
ORDERED TO REPORT.
Judge Hayden has ordered Georg,
Bauer, receiver for the Penn Foundr,
Co., TO make detailed report of hi,
proceedings. This order was giyer
upon petition OF NJ. Gordon Miller, VIII,
alleged that the property had been ap
praised at $1,000 and that the receive
had accounted for only $l,10O.
VIEWED PREMISES.
Court Bailitf y. w, Mitchell Thurs
day took the jury In the case of Vim
cent A. Tobin VS.. The India Rubber
Co. to the plant OF the defendant t
view the premises where Mr.. Tobll
lost an arm,
DISTRIBUTION OF PROPERTY,
Perry II. Smith has been ordered I
make partial distribution of bond
In his hands, receipts of the partner
ship of Brasaemle & Smith. He |
allowed to retain 81 500 as a protectlo
to claimants.
NEW PLEADING,
In a petition, entitled Lizzie Wat
= VS. Kathleen David, the plaintiff ask
that a Judgment given against the d,
, fendant by Justice Hoffman In 1880 b
$ revived In the name of the plaintiff
! and interest allowed from the issuanc,
Q The sum is 2390. .%
~ CALENDAR ENTRIES.
Mary A. Hine w Fred Q. Kascl