Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1902-03-17
CONTEST
Over a Techni-
cality.
Trial In DeMangeont
Case Drass Slowly.
John v. Walsh Answered His
Wife's Petition-Courts.

traitor, VS.. the N. o. T. Co., which
began Friday.
The plaintiff is trying to secure judg-
ment for $4,000 for injuries sustained
by his wife In a street car accident on
Bowery ST., in 1903, which, IT Is al
legged, caused her death some months
later.
On Monday the defense parleyed
some over Interpretation of the order
of the United States Circuit court
which directed the n. o. T. Co. to en-
ter the DeMangeont case as defend
ant. In case this was not done the
property was to revert back to the
receivers of the Akron Street Railway
e. Illuminating Co., against whom the
plaintiff had started suit originally.
The N. o. T. Co. came into the case,
and Is sole defendant in the present
trial, but on Monday counsel for the
defense questioned whether 1t had
been substituted for the receivers, or
was merely made party defendant.
Judge Kohler replied that he had
nothing to do with the order Of the
United States Circuit court, and held
with the counsel for the pla intiff that
inasmuch as the N. o. r. Co. had as
sumed all liabilities of the receivers,
knowing of the pendency Of the De
Mangeont suit, that It was wholly
proper for the trial to continue with
the n. O. II. AZ sole defendant.
An effort was made by the plaintiff
to have the contract between the re-
ceivers and the Everett Moore people
produced in court but this was lodged
by the defense However, the ad-
mission was made that the n. o. r.
Go. represented consolidation of the
A., h. & G. and Akron Street Railway
IL Illuminating companies This was
regarded as technicality indicating
that the N. o. Il. Co. has the exclu-
sive right to defend suits which had
been started against the receivers.
Hearing in the case will probably con
tinue for another day.
WALSH'S ANSWER.
John V. Walsh. of Akron. has filed
nm answer to his wife's petition for
divorce and alimony. He denies that
her health was broken down after their
marriage, and says that she had been
treated In Cleveland hospital before
they were married, He also states
that she had not been a resident of
Summit county for year prior to the
filing of her suit, and that she was
guilty of gross neglect and cruelty to
nf 10 ,,tc II
marriage to his second wife was on
Jan. 16, 1901, and he states that prior
to their marriage she promised to be
good, kind mother to the children
OF his first wife, but that she failed to
keep the promise.
SUIT FOR DIVORCE.
Mary Emma Leader has applied for
b divorce from Frank Leader. They
were married Dec. 25, 1890, and she
accuses him of cruelty.
A GROCERY BILL.
Robt. Watt has started suit to collect
from Ncttlc B. and Samuel A. Ken.
nedy, grocery bill, amounting Ia
$166.74.
CRIMINAL CASES.
Prosecutor Ilagelbarger stated Mon
day that no more criminal eases would
be tried during this term of court as
some of the cases were not ready rol
trial, and that several misdcmeanol
cases would probably he transferred
10 Probate court
RELEASED ON BOND.
WIN. quinn, Emmlt Bryan and John
Byers. the young men who were
Drought In from Falrlawn. on charge
of petit larceny, We're released Mon
day, under bond OF 500 each.
APRIL TERN.
The April term OF court will begin
on the 2Sth. A great many cases are
being disposed OF during this term
but they are stlll coming In as fast
as ever
WILL FOR PROBATE.
The viii Of Geo Shut late OF Gov.
entry township, has been offered for
probate His wife, Lemean, Is given
the use of all the personal property
and real estate until her death. or ms
long as she remains his widow Thor,
esa and Ruths Shut granddaupbters
are each given S25. and the rcmoinder
OF the personal aud real estate goes
TO his sons, Irwin and Harvey. Aaron
Thornton Is named executor
Leroy g. Rose, OF this city. has been
granted a divorce from Florence NI
Rose, and Jessie NJ. Fogel has been
divorced from Frank G. Fogel.
A CHEAP FINGER.
Frank Smith was awarded judpmen,
against the Aultman.Miller Co. 70,
$500, for the loss Of an index finger
crushed by trip hammer
SALE CONFIRMED.
The motion OF Mary i. Mcneil. Of al
to have the sale of the Mcneil Boile
plant 10 Harvey Musser. ESQ, So
aside, was overruled by Judge Kohle
and the sale confirmed.
LIST OF ASSETS.
Attorney w. ID. Snyder. assignee q
the Independent Rubber Co, has file
list of assets of the concern. Th
assets aggregate $s04,00. II Is said tn
liabilities exceed $1,000.
APPLIED FOR DIVORCE.
Helen o. Schultz has applied for.
niyorce from Charles Schultz. She a,
FUSES him OF drunkenness and neglec
WILL FOR PROBATE.