The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-02-28
Then Demanded Pay
ment After HIs Death. 4
BOYS GET A VERDICT
Case OF Brother Against Broth
or Concluded In the Court
-.Other Suits Set
tied.

The Jury In the case or Daniel HOH-
man against Henry Hildelbittle, exec.
utor of the last will and testament OF
Samuel Hoffman. deceased, returned a
verdict against the estate for $i,121.5O
Wednesday morning.
The hearing of the case occupied
over week and attracted great deal
OF attention. Daniel and Homer Hoff.
man were sons of the deceased Samuel
Hoffman The last two or three years
of the old mans life these two boys
lived on the farm and cared for their
father. 1t was claimed that he be-
came a great charge. needing constant
attention during that time. When he
died bill was rendered to the exec
utor for $4,000. The executor agreed
to allow half of it. but the other chill
dren objected. There were two sets
of children. Samuel Hoffman having
been twice married. Some of the
heirs came from the far west and from
Michigan to help fight the case. The
heirs gave bond for the costs and Sc.
cured attorneys.
During the progress of the case
much bad blood was manifested and 1t
was evident that there was little BROTH
erly love existing About forty wit.
nesses were examined. the greater
number having been brought forward
by the plaintiffs. They were neigh
bors and others who had been al the
home during the last illness Of the
old gentleman. There is farm and
other valuable property in the estate.
The jury retired at O'Clock Tues
day afternoon and was until midnight
reaching verdict.
Attorneys Craine and Snyder repre-
sented the plaintiffs and Shields and
Pomerene the defendants. The coun.
sci on both sides were on their metal
and the case was fought hard from
beginning to end, The weight of the
testimony and the sympathy seemed
to he with the plaintiffs all the way
through. Most of the parties to the
action live, in Washington township
where the. estate is located.
NO JURISDICTION.
The Hon.. F., S. Gates, Prosecuting
Attorney Lemert and Attorney L. R.
Meyer, of GAINESVILLE. were in Canton
Tuesday before the circuit court with
case that is to determine when the
term of the county surveyor begins,
The title Of the case is Ohio on the
relation of the prosecuting attorney of
Maskingum county against Charles H.
Bogman. county surveyor. 81
The action was brought at the instiI
cation of the surveyor-eleet to oust
the present surveyor from his office.
Some years ago the legislature
changed the time when the term OF
surveyor was to begin from January
to September. The law was claimed
to he unconstitutional and for that
reason the man elected to the office
down In Muskingum' wanted Bogman
for the reason that circuit court was
to do and suit was brought to oust
him.
When the case was brought to the
attention of the circuit court In Can
ton, Attorney Gates took the ground
that this court had no jurisdiction
TO rthe reason that circuit court was
not in session in that county and they
could not follow 1t up to another coun-
ty. The circuit judges agreed with
him and refused to hear the case
The parties to the suit returned tn
GAINESVILLE and will have to await Ne
meeting of the court there in April.
Meantime the old surveyor will do
business at the same old stand.