The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1907-12-24
RESTRAINING
Order Asked Against
Ditch Assessment.
Divorce Gases
GENERAL COURT NEWS

Joseph NJ Bergold, through his at
torney, ]. NJ. Burris, has filed suit In
common pleas court asking that GER
tain officials be restrained from placing
a certain assessment levied for ditch
work done in Plain township. County
Auditor Oberlin, Treasurer Knobloch
and the present board of county
commissioners are named as defend
ants.
The petitioner states that he is now
the possessor of about 65 acres OF
farm land in Plain township and
that in 1904, when the property was
owned by william Kuhn, the COM
missioners decided to construct
ditch, known as the Reemsnyder
ditch, and that this was done but
that the proper notice and advertise
ment called for by law was not Civ
en- or made. The plaintin comes IN,
TO the case as the present holder OF
the land and from the fact that Kuhn
did not pay the assessment and the
responsibility for such payment now
rests with the plaintiff. He states
that he offered the county treasurer
s52 in settlement but that this was
reflIsel, the assessment being fixed at
Si52.1s. The county officials hold
that something more than 20 acres
of land were improved by the con-
struction of the ditch and the plain
tiff holds that but eight acres were
30 improved.
The court is asked to restrain the
county officials from placing the larg- |
er assessment on the tax duplicate
for collection.
Sarah Kennedy has brought suit |
for divorce from her husband, VIII |
liam Kennedy, alleging three years
wilful absence, habitual drunkenness
and non-support. The couple were
married in Bedford county, Pa, in
1896 and have no children. w. M.
Roach represents the plaintiff.
The assignment OF cases for the
first week OF the probate criminal
court term, beginning January 13. has
been prepared by Probate Judge
Bow and Assistant Prosecutor NC
tullbCus ~ 10 10 lOllONos
Monday-ohio VS.. Henrietta Kings
north; Ohio VS.. Michael Kohler.
Tuesday-Ohlo VS.. Perry Grove
miller: Ohio VS.. ]. r. McArtor.
wednesday-oh vs.. Maud Bar
Der; Ohio VS.. John Skeeles; Ohio w.
John Skeeles.
Thursday-ohio VS.. William ia
cobs: Ohio VS.. George Simon.
Friday-Ohio VS.. Cyrus and Will
liam Myers; Ohio vs. Edward John
son.
The divorce case OF Mary l.. Davis !
ngainst Thomas Seward Davis was
called by mistake In Judge Ambler's (
court yesterday, and while the testi- I
mony was heard the court reserved ,
fits decision until next Monday. the
date set for the trial of the case in {
the assignment. The suit Ia based !
on an allegation Of cruelty made by 4
the wife. I
other divorces granted in common !
pleas court by Judges Harter and I
Amber are: Fannie II. Myers from I
Frank Myers, neglect and cruelty; q
Charles II. Westfall from Louisa M. !
Westfall; wilful absence; John Lach
from Mary Lach, unfaithfulness: Lau-
ra Dunlap from George w. c. Dun
lap. neglect and absence.
The action brought by the Cleve- /,
land Provision company against Ed I,
ward and Almena Cummlns has been :
terminated by the fact OF the defend =,
ants confessing judgment through !
their attorneys in the sum OF s544.6S.
Norman ]. Walker. through his at
torneys, Shields and Pomerene, has /,
brought suit against Henry T.. Grimes
for the collection of $565.22 which 1t
Is alleged is due on a building con- :
tract entered into last spring between
the plaintiff and defendant The
plaintlff alleges that he contracted TO
erect a house for the defendant for c
q certain sum OF which the amount !