The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1905-09-26
AUTHORIZED TO Z .
BORROW MONEY
THE DAVIS RAILROAD COMPANY
MAY RAISE FUNDS.
Demurrer Filed by Former County
Recorder on the Charge Of
Taking illegal Fees.

At meeting of the creditors of the
Davis Railroad Coal Co., Wednesday,
Referee in Bankruptcy A. M. McCarty
gave w. l.. Stolzenbach, trustee of the
company, authority to borrow $4,000,
which is to be applied, IL necessary,
\ towards the maintenance of the mines.
Application had been made to borrow
I, $4,000, but Referee McCarty reduced 1t.
Three thousand dollars had been bor-
rowed previous to this to conduct the
business. Whether the affairs could
I be run better without mining coal was
considered, and ii was thought wiser
to run the mines In preference to clos
ing them down perhaps running ma.
chinery. Trustee Stolzenbach stated
Thursday that the money applied was
not for immediate purposes, but that
tho action was taken so that they
would be prepared for future expendi-
lures.
PETITION FOR DIVORCE.
A petition for divorce has been filed
by Attorney j. H. Robertson on be-
half of Elizabeth ]. Rice. who charges
her husband, Charles A. Rice, with
cruelty and non-support. Plaintiff says
that they were married in 1902 and
have no children. She asks to be re-
stored to her maiden name. of Eliza
beth j. Meredith and to be awarded
sole possession of all household goods.
TO SELL REAL ESTATE.
r. w. McCaughey, receiver of the
Chippewa Sand & Stone Co., filed an
application Thursday morning, asking
the court for authority to sell real es-
tate owned by the company. Inven-
tory and appraisements we're filed sew
eral days ago and show the intebted.
ness as being $42,515. i
DEMURRER FILED.
A demurrer has been filed by Charles
"A. Dougherty, formerly county record
er, in the case brought against him by
the state Of Ohio in which charges for
illegality in drawing fees from the
county treasurer are made. The de-
fendant asks that all causes of action
in the petition be set aside, as 1t Is
claimed grounds are not sufficient to
favor plaintiff. He claims that the
plaintiff must return all indexes be-
fore recovery can be had. The attor-
neys are McCarty 6 Pontius and Da-
vid B. Day. -
HEARING NOT FIXED.
Referee A. M. McCarty has not yet
set a time for the hearing of the case
brought by the Dies-Fertig company,
creditor of the Mineral City Supply
Co., to expunge the claims against that
company held by the Canton State
bank, the Peoples Deposit Co. and w.
L. Davis. p
CASE SETTLED.
The first case brought before the
petit jury in Judge Harter's court was
the case of Laura b. Mccoy against
the Canton-Akron Railway Co. for S10,-
900 damages. Plaintiff alleges that on
April 8, 1908, that she was thrown
from a car ON West Tuscarawas street
at the B. & o. crossing, while in the
act of alighting. Her fall was caused
by the sudden starting of the motive
power and as result she was severe
ly injured. She was represented by J.
J. Grant, while John G. Welty was the
company's attorney. The case was
settled Thursday afternoon at the cost
of the defendant.
'5 DIVORCES GRANTED.
Judge Amber granted the following |
divorces Thursday: Margaret Ogel-
thorpe, on grounds OF cruelty; maiden
name of Margaret Glare was restored. |
Alice NJ. Hatch from her susband, on |
ground of willful absence; plaintiffs |
attorneys were Lyncn, Day &. Day; |
case was not contested. Scott against |
Scott was not contested; Attorney |
Roach of Alliance represented the
plaintiff. w. F. Kinzer, keeper of a
stall at the market house, from Mrs. |
Kinzer; Chas. Upham was the plain
tiff's attorney; suit was not contested. I
SETTLED OUT OF COURT.
The case of Koons against Lawrence
fendant had bought a piece of prop
7erty from the plaintiff and had been |
behind in his payments,
4 LONG GRAND JURY SESSION.
According to County Prosecutor .R.
H, Day, the present session Of the |
grand jury will not report before the
first of next week. He states that this
will be one of the longest sessions in
the history of the county.
WILL GO TO CARROLLTON.
Judge Harter will go to Carrollton
on Monday to open the September term
of court for Carroll county, so there
will be only one court in session, that
of Judge Amber. The case OF the city
of Canton against the Canton-Akron
Railway Co. In regard to the Mahoning
street tracks will be brought up before
Judge Amber, Monday For the rest
of the week the juries will sit on all
cases. The following is the assign
ment for the week commencing Sep
tember 25:
COURT ROOM NO. JUDGE AM