The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1903-03-27
HANDED Down !
DECISIONS
Circuit Court Adjournes Sine Die After
Disposing Of Large Busi-
ness Budget.
MANY Cases were REVERSED.

The circuit court In handing down
its decisions "Wednesday afternoon re-
versed or changed in some way nearly
all the cases that came before 1t. Six
cases were passed upon, and in nearly
every one there were nice and import
ant law points involved.
Before adjourning, the court announ-
ced that they had consented to have
the tax case of The Russell & Co. and
others against Auditor Reed and others
reopened for further argument, which
is to be made through briefs. When
this case was first heard it was de-
cided in favor of the county and all
the property owners were held for the
amount of the taxes levied upon tho
increased valuation as fixed by the
beard of equalization 1t was thought
that the case was settled, but this re-
opens 1t again.
PONTIUS CASE REVERSED.
In the case of William Edwards 6
Co against the Jackson Canning Co..
in the lower court the Jury found for
the defendants, but the circuit court
reversed the judgment and ordered a
new trial, upon the ground that there
was error in the trial below and that
the correspondence between the two
companies for the purchase of 1000
cases of tomatoes was an absolute con-
tract binding upon the canning COM
pany. Pontius won below, the jury
taking a different view than that held
by the circuit court. Judge Donahue
gave the opinion. Lynch, Day & Day
represented the Cleveland firm and Nc
Carly & Mcdowell and Pontits, the
Canning company.
ANOTHER REVERSAL.
In the case of the Navarro Deposit
bank against the Wilson Avenue Lum-
Der company, of Cleveland. 1t was held
that the lower court erred and Judg-
ment was reversed. 1t was held that
judgment could be taken in Stark
county courts against a nonresident.
IL was also held that the company had
sufficient notice and that there was no
fraud attempted as to the value of the
property which was situated in Can
ton. 1t was held that the court erred
in overruling the demurrer and that
judgment was reversed. The case was
one in equity to enjoin enforcement OF
Judgment and have 1t declared null and
VOID. Bow and Shelter represent the
Navarro hank in the action. Judge
Winch rendered the decision.
JUDGMENT SUSTAINED.
In the case of Catherine LOTUS
against the Pennsylvania Railway CON-,
pany, in which the plaintiff recovered
damages for injuries received at Co
lumbus in railroad wreck ON the G.
A. & c., in 1898, the lower court was
sustained. Mrs. Lotus bought ticket
at Alliance to Columbus and return
from the Pennsylvania company. The
train was transferred to the c., A. &
road Mrs. Lotus was hurt.
In the appeal 1t was claimed that
the Pennsylvanse company was not
liable, but the court held that where
railway company or any common car
rier accepted the price and sold ticket
thSy WHY Tic JOnTIW'y
was completed. There was nothing on
the ticket designating that the train
would be run over any other line |
Carey & Mullens represented the COM
pany and Craine & Snyder appeared |
for Mrs. LOTUS.
VICKERS VS.. DAVIS.
The circuit court was called upon to |
render an opinion in the case of Edgar
J.. Vickers against VIM. l.. Davis and
others. II was an accounting of tho
business of real estate deal in Ok
lahona, in which a lot of land was
bought where town was expected to
spring up. The boom never MATERIAL I
lied. Vickers soed Davis for an ac-
counting and the court stated that it |
was simply a matter of figures. Con-
siderable money had been furnished a |
man named Kali who was engineering
the western end of it. The land was
finally sold for $500, and Davis claim
cd to have claim against the com
pnny for nearly the full amount The
other parties to the speculation had
drawn out and left the entire responsi-
bility upon Davis, 1t was claimed. The
court found that Davis was entitled TO
credit OF S4,23o.17 and that there was
balance OF $254.48 out of which the