The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1904-12-27
Of Public Ser
viCeand Riddle
Sustained in Con-
tentiOn
I'm KELLY CASE
BY Decision Render
ed Friday
BY Judge Dow.--One Count
Against Barnes and Mclish
NOllied.--Court News.
COURT DECISIONS.

Jennie r. Graham VS.. Burt L. Gra-
ham. Divorce. Divorce granted
plaintiff upon grounds of gross neglect
Of duty.
Grace Krenbiel VS.. Frank Kr nbiel.
Divorce. Decree rrfus-d plaintiff.
Judgment OF Ss month alimony ad-
judged against defendant and he is
ordered to pay same to county clerk
for maintenance OF children.
Ann Dunson va Chas. Dunson
Demurrer of defendant overruled-
Mary Yoder We. John Reuhlen- Dam
ages Motion for new trial oyeruled.
Judgment upon verdict. In this case
a jury allowed Mrs. Yoder damages in
the sum g $500 for an assertion anent
the plaintiff alleged to have been made
by Mr.. Reuben
| Advance Tnresher Co. We. Del ).
hogan. Order of distribution OF pro
ceeds Of sale in favor Of pl4intif.
Mary ]. Duckworth We. County Com
missioners. Judgment aud finding
upon pleadings in favor Of defendant.
| NEW CASES Fill ED.
Mary Leonhard and Oliver Snuffin
va. Shepherd Clark and his wife, Hir
riett Z. Clark. Partition. West &
West, attorneys tor plaintiff.
i COUNT NOLLIED.
In the case of henry Barnes and
Oziss McLish, indicted by the Novem
Der Grand Jury on the charges of false
Ipretenses. larceny and embezzlement,
Judge Dow Friday rendered a deci
lsion nollyine the emb-zziement couni
of the indictment. A motion wal
largued before Judge Dow some day.
Iago by McLish's attorneys who asked
that two counts of the indictment b;
, nollied.
COURT ADJOURNED.
Judge Dow Friday adjourned Com
mon Pleas court to Tuesday, Dec. 81
i IMPORTANT DECISION.
In the case of the State of Ohio Oh
| relation of Thomas Kelly va. Charlie
W. Roebuck, city auditor Of Bellefon
} tame. in which the question was raise,
, as to whether or not the Board of Pub
lie Service has the right to have work
I where the appropriation is less thai
$500, done in any other manner thai
by the letting Of the work by contrac
following an advertisement for bids
Judge Dow Friday rendered decision
,. and opinion that the Service Board ha
such power. In this case the cit
council appropriated sum less thal
$500 for street work and directed tn
Service Board to have the work don
by contract The Board hald tina
under the law it was not necessary Il
8 have work let by contract where tn
: appropriation is less than $500 and &C
Icording.y Mr.. Kelly was given EN-
ploy emit on work for which the none
was appropriated, he to be paid by th
day. When the Service Board allow
! ed and ordered Mr.. Kelly's bin paid
Auditor Roebuck, upon the advice c
the council, which body employed Al
torney S. II. West as legal adviser. an
. also the advice of Mayor Havilanc
d refused to pay the bill in order tina
9 q test case might be brought in th
t court. The opinion of Solicitor Rid
d die. who declared that the Servic
Board was in the right in its confer
4 ton. was ignored by the council
Judge Dow in rendering his decisio
!. awarded the plaintiff a preemptor
q writ of mandsmus. Following the d.
"a cision OF the court Mr.. Roebuck wi
lpay Mr.. Kelly the money due him an
in the future the council will I
doubt refrain from debating to tt
Service Board how appropriations
less than $500 shall be expended.