The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-03-04
Circuit Court Decision
Closes a Peculiar
Alliance Case.
TWO REvERSALS BY
CIRCUIT JUDGES
Seven Cases Wero Passed
Upon After Which the Court
Adjourned, to Meet Again
Next Tuesday.

The circuit court rendered decisions
on a number of cases Friday after
noon. Judge Donabue was compelled
to leave and Judges Douglass and
Voorhees, rendered the decisions.
The first case passed upon was that
of B. Dannemiller G. Sons against
Henry E. Froelch. The case was
taken up claiming that there had not
been proper service. Froelich won in
the Justices court and common pleas.
The plaintiff claimed that he entered
his appearance. 1t was held that when
the defendant entered to protest the
service he did not waive it, and there
Judgment of the lower court was af'
flrmed. Attorney P. ]. Collins appear
ed for plaintiff and ]. w. Burris for
defendant.
Judge Douglass rendered decision
In the case of Samuel r. Warwick
against L. NJ. Boughman. This was a
suit over a note for $3.50, on which
1t was claimed there was n false en-
dorsement for interest. The note was
non-negotiable and it was tried against
Warwick, who was not the maker of
the note. Court held that there was
no cause of action against the plaintiff
and the judgment of the lower court
was reversed. Welty and Albaugh for
plaintiff and D. w. Shelter for defen.
dant.
The case Of Belle C. Bryan vs. Nancy
B. Swinehart. II was trial for right
of property. The jury gave judgment
In favor Of the sheriff who held the
property under attachment and the
common pleas affirmed the finding.
II was claimed that there was error
in excluding evidence. 1t was held
that the lower court erred in ruling
out receipt which was offered in ev-
idence. The finding of the lower court
was overruled. Reversed.
The principal case heard and pass
ed upon was that of Thomas ]. Webb
against Mary j. Webb. 1t came from
Alliance Webb was sent to the pen.
itentiary in 1892 and shortly after
ward the wife applied for a divorce
and the court granted it. The wife
died before the husbands release, and
her heirs commenced suit to collect
a judgment against Webb for alimony.
When they went into court. it was
discovered that while the divorce had
been granted and judgment in alimony
given, the clerks journal showed
nothing of it. No entry had ever
been made. although the judges dock
ct showed the fact.
The heirs then went into court and
asked that a nunc pro tune order
be Issued instructing the clerk to cor
rect the record in accordance with
the finding of the court. The order
was secured, but Webb appealed the
case TO the circuit court.
Judge Douglas, passing upon the
case, stated that the revivor and or
der secured in common pleas was in
accordance with the law, and that il
was for jnst such cases as this that
the nunc pro tune order had been pro-
vided. The Judgment of the lower
court was sustained, so that the hus-
hand will have to pay the judgment
and cannot succeed to any of his wife's
property, which Is said to be consider
able. Judge Thaycr represented the
heirs and J. W. Craine the husband
TEN PER CENT LAW.
The case OF Samuel Dreyer and
others against Rosa Elser was appeal
ed to circuit court on error. II was
an action growing out of an attempt to
eollecr 10 per cent of money in the
hands of Drcyer under the law for
necessities Rosa Elser levied upon
the money that Dreyer had in the
bank and secured judgment for $13.75.
The judgment was sustained in COM
mon pleas court and the higher court
agreed with them. sustaining the
Judgment. Clark h Clark were attor-
neys for Dreyer and John Fl. Spon-
seller was attorney for Rosa Elser.
TILE COMPANY WON.
The case Of Nicholas Merley against
the Louisville Brick & Tile company
was rather peculiar one. The COM
pany owed Merley s167 for labor. and
when no attempted to collect 1t he
was confronted with note for 600
which the company had bought, It was
claimed, for small amount from
third party. simply to use as an Offset
against his claim for labor. Merley
tsied to have the courts decree that
the note should not operate against