The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-02-18
BUSY DAY IN COURT
Side Show Proprietor Goes to
Law Against the c., 1. g.
w. RaiIway-Routine
Matters.

ioom W. ditci thc lioOi ouJouih
ment. Judge Amber held court dur.
ing the forenoon and then took his
departure for Lisbon, where he will
sit this week In the place Of Judge
Hole. This arrangement was made to
dispose of some cases in which Judge
Hole had been interested as attorney
before going on the bench.
Judge Hole took up the hearing
of the case of Edward M. Shufelt
against the Massillon Cemetery asso-
citation and the First Presbyterian
church of that city. When Shufelt's
wife died. 1t was found that she had
willed her property away from her
husband. 1t was real estate valued at
about $4,000. Half of it was given to
the cemetery association and the other
half bequeathed to the church. The
husband is the only heir, and he now
comes into court in an attempt to
have the will set aside. 1t Is claimed
that the wife was unduly influenced
in making the will.
Attorney Mclaughlin, of Massillon,
and Judge Thayer of Canton, repre-
sent the husband, while the cemetery
association and the church are repre-
sented by Hemperly & Howells.
SUED THE CITY.
Andrew Feight has sued the City of
Canton and Treasurer r. VI. Smith,
to stop the collection of certain street
improvement taxes that have been lev
led against his property on West
Eighth street The plaintiff claims
that when the improvements were con-
templated on West Eighth street, he
was assessed for the full length of lot
947. The lot is 50y2o0 feet. The as
sessment fixed was S26S per foot and
the amount Charged against F'eight
have been assessed only upon the
frontage, or 50 feet. which would make
the amount he has to pay S121.
The city lost Just such a case some
time ago, the court holding that i'm
provements could be assessed against
property but once and that upon the
frontage, and that when necessary to
do so, the lot vas to be considered
turned to face the street being i'm
proved. The balance of the cost is to
be paid by the taxpayers at large.
J. p. Fawcett and T. II. McCarty are
attorneys for the plaintiff.
A SIDE-SHOw SUIT.
Frank HlIdeman has sued the Cleve-
land, Lorain and Wheeling Railway
company for $500 damages. He sets
up in his petition, which was filed in
common pleas court Monday, that last
September he shipped a lot of show
paraphernalia from Lorain to Cha
grin Falls. 1t was started on Satur-
day and was to have arrived at its
destination on the Monday following,
where An exhibition was to have been
given at the fair. 1t did not arrive
until more than week after 1t ship
ment, and the plaintiff claims that he
was damaged in the amount named,
for which he asks Judgment. Dan w.
Shelter represents the plaintiff to the
action.
A BIG CLAIM.
The United Banking and Savings
company has commenced an action
against Eli J.. Motifs, the miller at
Minerva, and his wife, his former
partner. John w. Hahn, and others
who claim to have some claims
against Motifs, or interest in his
property, are made defendants.
The claims of the banking company
aggregate s11,573, which with the in
terest due will exceed $4,000. This
is secured by mortgages upon the mil!
property and other real estate ut Mi
nerva. In addition to the claims OF
the plaintiff in this action, there are
other creditors for large amounts. one
of them being the Wolf company OF
Pennsylvania, that secured a verdict
for about $500 in the Stark county
courts two weeks ago.
The property in the hands of Motts,
while considered valuable, will not
nearly pay the amount of the claims.
The plaintiff asked that the property
be appraised and sold and the proceeds
he applied to the liquidation of their
claim.
Attorney e. s. Cook and the firm of
Baldwin and Shields represent the
bank In the action.
WANT THEIR INSURANCE.
George w. Whitfield and Edward o.
Miller, of Canton. who have been do
ing business as the Canton Mattress
company. have commenced an action
against the Reliance Insurance COM
pany to collect $439 insurance that
IL claimed 10 be due on goods burned
in building that they occupied in
East Third street The company was
duly notified Of the loss but has re-
fused to pay the amount and the nc
tion was brought to compel Il to DO