The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-01-17

years, as required by the statute. AS
consequence Judge McCarty dismiss
ed the case and new petition will
have to be filed and the case COM
menced over again. There were other
contentious, but they were not suffi-
cient In themselves to warrant a de-
cree.
DIVORCE GRANTED.
Gertie d. Haley, of Alliance, was
more fortunate in her application. She
formerly lived at Leetonia and was
there married to John Haley in 1892
There are, three children, the oldest
being nine years old. The wife moved
to Alliance, where she has resided for
moro than a year. At the May term
Of common pleas court in Columbiana
county,, the husband was sent to the
penitentiary for one year for burglary
He and his wife have been separated
for over two years. These facts were
brought out in the testimony and 2
divorce was granted. The wife gets
the custody of the children and is
restored to her maiden name of Ger
trude d. Warren. Attorney j. 3.
Morran, of Leetonia, represented the
plaintiff.
DECIDED THE CASE.
Judge McCarty rendered his decision
In the case of John S. Ferguson
against Edgar Pool and others. A
demurrer had been interposed, but was
overrued. The case grew out of two
mortgages that had been given upon
certain property in Minerva. The
holder of the second mortgage brought
an action to foreclose, alleging that
as more than Is years had elapsed
since the giving Of the first mortgage
It was outlawed The proof showed
that the first mortgage holder was in
possession of the property and that
the original owner had been outside
of the state for several years. The
court held that as the holder of tho
mortgage was outside Of the jurisdic-
ton of the court. the statute of limb
tation did not run as against the In
strument and the first mortgage holds
The holder of the junior mortgage
however, is entitled to foreclosure, but
the first claim Is for more than the
property is worth.
GOT A DECREE.
Judge Amber, Wednesday morning
took up the case of Florence McFeo,
of Alliance, against John McFee. 1t
was an action for divorce. The wife
and others testified that the husband
was extremely cruel and that he ter
rorized his wife by threatening her
with a revolver and razor. intimating
that he would take her life. Other
acts of cruelty were recouIrSed which
made a strong case and the divorce
was granted. G. c. Bow represented
the plaintiff.
TWO CASES DISMISSED.
The case of Edwin Hagey against
Sarah A. Blythe and others, was de-
cided by Judge McCarty Wednesday
morning. He dismissed the action at
cost of Hagey, there being not sufficient
grounds for action. Attorney w. o.
Werntz appeared for plaintiff and Ed.
L. Smith for the defendant.
The action brought by Ross Sprague
& Co. of Cleveland, against f. j. Wal
ker and others, was dismissed by Judge
McCarty for the reason that the plain
tiff being nonresident of the county
had failed to give security for costs.
Hemperly and Howells. of Massillon,
were attorneys for the plaintiff, while
Z. ]. Collins represented the defen-
dants.
CONTINUED TILL THURSDAY.
The divorce case of Caroline Studer
against Joseph Studer, which was as
signed for trial Wednesday, was con-
tinued until Thursday. The parties live
In Canton and the case promises some
sensational developments, 1t is said
w. j. Piero represents the plaintiff
and .Atle,, Pomerene the defendant. It
is one of the circumstances in divorce