The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-02-25
Circuit Court Convenes
Next Tuesday.
TWO WEEKS SESSION
Is Indicated by the Number Of
Cases on the Calendar
--Somc Other
Entries.

expected that the term will be at least
two weeks long, as there are 2S cases
on the calendar Judges Douglas,
Voorhees, and Donahue will be upon the
bench.
One of the cases set for hearing Is
that of the Shock brothers against
the city of Canton. 1t is the old water
case, in which the city has been en-
Joined from using the city water pend
ing the hearing of the case in the su-
preme court Of the state. In about
every move in the case the city has
lost and the Shocks have been sus-
tanned. The Shocks have the original
water rights and the city has been
estopped from drawing any of its
water supplies from the creek. Austin
Lynch is associated with Solicitor
Hughes, and they are asking to have
| the Injunction set aside until the case
| Is passed upon in the higher court.
Attorneys Webber &c Turner and Judge
| Thayer represent the Shocks.
A COAL FIGHT.
| w. e. N. Hemperly and James F.
|
territory in Tuscarawas township, as
to whether it ehall be partitioned or
sold. The case has been in the lower
courts, but has reached the circuit
court for adjustment. Lynch, Day &c
Day represent the plaintiff and Hem
perly & Thayer, the defendants.
The case of Edward Alsop, trustee,
against the receiver of the Canton
| Stoneware company, has been carried
up on appeal. The case embraces a
! mortgage for 100000, but the point in
dispute in this appeal case is the find
ing of the lower court on the ques-
ton of what Is real and what is per-
sonal property. In the lower court It
was held that certain machinery was
realty and the proceeds of it's sale
would go to the general creditors in
stead of the mortgage holder Lynch,
Day e Day represent the Stoneware
company and Charles Krichbaum ap-
pears for the trustee.
SMOKE NUISANCE.
The case of Henry Mortensen, a
policeman of Canton, against the Troy
laundry, will be heard on appeal. 1t
was carried UP by the laundry people
in an endeavor to get the injunction
set aside which prevents them from
using coal Mortensen won his case
in the lower courts, but ii is said that
the laundry put on smoke consumer
to lessen the damage. He is repre-
sented by Attorney G. G. Bow, and
Welty & Albaugh appear for the
laundry company.
The common pleas court man.
damused the trustees of Lexington
township to pay an old soldier by the
name of Speaker $100 bounty, and af-
ter the hearing of the case made the
: order peremptory. The trustees ap-
pealed the case to circuit court and
the matter will come up for hear
ing on the appeal next week. Atlet
: Pomerene is attorney for Speaker ant
} Prosecutor Day represents the trustees
TRADEMARK FIGHT.
The circuit court will have to pass
!, upon the fight for a trademark and
name between the Fulton Tool q
Manufacturing company and the Full
ton Tool works. The defendant wor
in the lower courts getting the right
, to both trademark and name. The
, plaintiff alleged error in the lower
courts and carried it up. r. S. Shields
represents the plaintiff and Thayer &
Welty the defendants.
: The case of Daniel F.. Mock against
I Newton X. Bowman was carried up OF
: appeal, by Bowman, although in thu
3 lower courts he got the long end o.
: the division of the property, which
was made by arbitrators. The prop
erty involved Is valued at about $l2,
t 600. The parties had been in partner
!. ship Bowman's contention is that {
e bitter enemy of his had been selected
= as one of the arbiters. Pomerene II
: attorney for Mock and Sterling a
s Braucher represent the defendant.
Y Simeon Roose, who was granted
judgment for $3.50 against the STARK
: Electric railway company in an ap
8 preparation case for right of way
thought it should have been larger
. and carried the case to circuit court
The verdict was secured in probate
court He is represented by Attorney!
Craine & Snyder, while Webber & Tur
ner appear for the railway company
AN OIL WELL CASE.
t The oil we'll drilling case of Welcl
!. e. Arnold against the William r. Zol
{ linger and others, of Canton, has beer
: in court for some time. The effor
: of the drillers to compel Zoilinger t.
pay for the drilling of an oil wei
G at Scio failed in the lower court ant
: it has been appealed by the plaintiff
A. A. Thayer represents the plaintif
!, and Webber & Turner appear fol
Zollinger
/, The city of Massillon has carriet
. up the case in which T. Clark Mile
!, got a verdict against it for his salar.
as health officer. Miller got verdic
9 for the full amount he claimed II
common pleas court, but the city ap
pealed the case in THO hopes tina
: the verdict might be set aside.
LEVY UPON CROPS.
The case of Belle G. Bryan agains
Nancy Swinehart resulted in a YER
dict in the lower court for Mrs. Swine
n hart for about $500. She had levie'
n upon growing crops of Frank and Ir'
s Bryan, and they were transferred Il
d Belle G. bryan. Mrs. Swinehart Sc
cured judgment and q writ OF at