The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1903-03-06
| ''A|FF|RMS OLD
DECISIONS
Circuit Court Got Busy Thursday and
Handed Out Big Bunch Of
Findings.
APPEALS WILL Be heard TUESDAY.

cisions in the cases heard Thursday
morning, sustaining the lower courts
In every case except one and modifying
the judgment in another case. II had
been the intention Of the court toi
; render decisions Friday, but as there
were no other cases ready for hearing
It was decided to pass upon what had
been heard and then adjourn until next
Tuesday when appeal cases will be
taken up.
The city of Canton was sustained In
its action against Marie Kelley. who
had been arrested and convicted for
being an inmate of a house of prostitu-
tion. Marie carried the case up claim
ing that the affidavit was defective
in that 1t did not state that she had
knowledge of the character Of the place.
Judge Donahue, who handed down the
decision, stated that in cases Of this
character it was not necessary to state
that there had been guilty knowledge.
The courts below were sustained Marie
had brought an action to recover the
costs and fine paid and it was
the intention 1t is claimed to sue for
damages later If this were sustained.
LOWER COURT SUSTAINED.
In the case of Mary Scott against
Edward Langenbach and others. the
lower courts were reversed, and de-
murrer which had been sustained be-
low was ordered dismissed The orig
inal action was brought by Mary Scott
to recover damages for property de-
. stroyed by fire at Scio during the oil
excitement. The Canton company had
leased her property on condition that
at the leases expiration 1t was to be
returned in as good condition as itl
was when leased or the parties could
take 1t as an agreed price of $4,000.
The house was burned and the lease
surrendered. The owner sued for dam
ages and a demurrer was interposed
claiming that she never rendered the
defendants lease under the agree |
ment. The court held that a tender was
not necessary, inasmuch as in the al !
tentative agreement they elected TO
surrender the property without taking |
advantage of the purchasing clause.
Judge Vorhecs disposed of this case in
lengthy opinion.
SUIT OVER WINDOW.
Judgment was affirmed in the case
OF Folwell against Werner. in error
Werner had sued for and secured a !
verdict for S179 for plate glass WIN
dow in the F'Giwell block After the
glass had been placed originally. a
carpenter broke it and it had to be
replaced. The architect told Werner
TO replace it and he would see that it
was paid for by the Folwells 1t was
claimed that the architect had no right
to bind the principals, but as other
changes were shown to have been
made that we're sanctioned this was al
so hold to be binding. This was Judge
Winch's first decision as circuit judge
and he was quite clear and exact in
his rendering.
The case of Bowman against Hin
derer was sustained in part but a re-
mitting order was attached which prac-
tlcally cut the verdict in two 1t was
an action that came up from Justices
court. Hinderer had secured note
worth $50 counting the interest, which
he held to satisfy claim that he had
for s25 Ills right to the note was con-
tested. but the lower court held he had
q right to 1t The circuit court agreed
to this, but that he had to remit the
excess over and above his own claim.
Judge Donahue gave the decision.
DECISION SUSTAINED.
In the case of John Hare againsS
Klein & Heffelman, the court held with
the Judge below that Hare was held
for the cost OF bicycle which his son
had bought. The boy bought the wheel
and told that his father was agreeable.
A chattel mortgage was given, and
when the mortgage was about to be
foreclosed the father while denying the
original consent did agrees that IL the
mortgage were not foreclosed he would
see that the balance of S25.J0 was paid.
A demurrer had been interposed deny
ing that the petition had stated a
cause OF action. The demurrer had
been. overruled.
The judgment of the lower court was
also affirmed in the case of Eliza
beth Cooper against Clara e. Boory. as
Rdministrator of the estate of Henry
Boory. deceased. The claim was for
$3.50 for work and nursing during the
lifetime of Henry Boory. When the
petition was filed below the defendant
interposed a demurrer claiming that
the statute of Limitation had precluded
the possibility OF recovery. The courts
sustained this contention, as all claims
must he sued upon against estates
within two years. This had not been
done. Judge Winch went into the
case In details and asserted that there
had been no error In the finding Of
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