The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-01-10
That 10 Judge Am BILE .
Ruling In Service
.|NATTACHMENTS SUITS
Papers Must 6e Served In Per-
son on the Defendant--lm-
portant Decision In Com
mon Pieas Court.

Judge Amber ne8rQ anu ueC1ueu
case in common pleas court Thursday
morning that will be Of interest to
Justices of the peace all over the coun-
ty and will change the manner Of SER
vice in attachment, or garnishee, cast 8
for the collection Of 10 per cent. Of the
wages OF married men when the debt
is for necessities.
A. Raber, q Canton dealer, com.
menced an action against f. L. Nc
Clintock before Justice Bowman to
collect 10 per cent. Of his wages for the
satisfaction of a debt for what were
claimed to be necessaries. Constable
Frank Wolf served the notice or sum
mons. He went to the house and ask
ed for McClintock, and was told that
he was at work. Wolf started away,
and he stated that he afterwards went
back and stuck copy Of the notice
under the door. Both the wife and
husband say they never saw the no
tice. The justice allowed the judg-
ment to be taken, supposing 1t to be
q simple case Of default.
TOOK 1T TO COMMON PLEAS.
McClintock appealed the case and it
was presented to Judge Amber, Thurs
day morning. There was no dispute
AZ to the facts In the case, and all
hinged upon the question as to wheth-
er or not there had been legal notice
or service.
Judge Amber held that In cases
Of this kind personal service was ne
cessary, as the law made no provisions
for leaving copy at the usual place
of residence as is allowed in some in
stances. The law provides that unless
otherwise stated, personal service must
be made.
This is Of Importance in more ways
than one. It will compel constables
10 serve the defendants personally and
will give people who are sued q chance
To save tho costs by rendering the
amount sued for, which can bc done.
This law was passed two years ago
In order to protect dealers Yho sell
groceries and all other necessities to
heads of families. Formerly heads OF
families were exempt from all opera
tions Of law. Now the amount Of the
indebtedness can bo collected from a
married mans wages by attachment
not to exceed 10 per cont. of the total
amount of the wages duc-though not
more than ono attachment can run
against an individual at the same
time.
COSTS COME HIGH.
Ordinarily the costs exceed the
amount of tho bill. They are usually
"A. This comes out of any wages that
may be due before the 10 per cont. Is
collected. When persons get to un.
dcrstand the law they generally prefer
to make tender OF the ten per cent
rather than have tho addit.oosi OK.
pense added.
Hundreds OF such cases occur in
Canton every year. and the collection
Of such accounts has become great
nuisance at soma establishments where
large numbers Of men are at work
as It makes extra work for tho book
keepers, who are compelled to kcer
out the amounts allowed by the LAW
when the payroll ls lnado up.
Many establishments have mado It q
rule recently to discharge employees
against whom garn!shccs are contln.
ually being taken out.
PROBATE COURT.
In the estate of George IIartzcll, o
Canton, petition 10 sell real estate
has been filed and publication order
ed.
In the estate of Andrew Schwocl1
OF Canal Fullon, tho will has beer
fled for probate.
MARRIAGE LICENSES.
Erwin IIonscl, 21, md Buelah Hen
sci. IL, Navarro.
Charles +. Norris, 20, and Iva luck
18. Malvern.
John G. Butler, 81, and Clara G
Baldwin. 20, Canton.
Teachers Examination.
The Board of Examiners Of Starl