The Marion daily mirror. (Marion, Ohio) 1892-1912, 1907-04-26

rested In Kenton on charge OF
non support. Lamb set up the de-
Tense that he and his wife had
never been married according to
the laws of Ohio, but had merely
been living together as though
welded. The Hardin county court
learned that the couple had been
living together in Michigan, and
as that state has a common law
which provides that whenever peo-
pile live together as man and wife
they really become welded, he
found Lamb guilty of non-support
/ Then it was that Lamb came to
Marion, county and, sued for divorce.
= &k1G YH-AAB 81
The case Of John j. O'Brien
against Dennis M,lloy, an error
suit brought UP from the justice Is
court, was decided in favor of
Molloy. The proceeding was taken
into the court of common pleas
February 2, 1904, after having been
fought in Justice Blaich's court
several months.
1t started when Molloy brought
a proceeding of forcible entry and
detention against O'Brien. He
sought to have O'Brien removed
from his business room on North
Main street, claiming that the lease
had expired. Molloy won his points
in the Justices court and O'Brien
was ordered to vacate.
O'Brien then filed a petition in
error in the ccurt of common pleas,
asking for damages. He sets up
that while he was i'm Molloy's store
room. an excavation was made in
the adjoining lot for putting up q
new block. Molloy's building cav
ed in and O'Brien's stock OF
goods was damaged, he claimed
Judge Young decided that O,Brien
should have sued tie contractors
who made the excavation.
The case of the state on com.
olaint of B. F. Sager agains,
Thomas Self and others, was dis
missed at the costs OF the plaintiff
who failed to prosecute. The
suit was brought to have the de
tenCants put under peace bond
The case of the state on com
plaint Of JOoeph Clark against Jos
epfi Judy was dismissed for wan
of prosecution and costs were as
sessed against the plaintiff. Hk
sought to place Judy under ,
peace bond.
The divorce suit of Franklin
Elisha Cox against Caroline Cox
which was heard before Judc,
Ycang several months ago, wa.
dismissed at the plaintiffs cost.
The plaintiff in suit Of Harve,
1airod against thevil lage of Gale
lonia had the proceeding dismissed
Ut his cwn costs.
Tine case of the State on com
)laint Of B. Ray Bishop agains
)rren o. McClelland, was dismiss
ID for want Of prosecution. Cost
we're assessed against the plaintiff
The suit was brought to place Nc
iceland under peace bond.
| The injunction proceeding of tn
}. C. C. & st. l.. Railway com
pany against l.. M. Hipsher, for
ner county auditor, was decided i
Favor of the defendant, the TEN
,orary injunction being dissolved
The railway company claimed tina
he assessment placed against it fo
he construction of the Agosta fire
turnpike was excessive and illega
md it sought to stop collection.
| The court found that a mistak
lad been made III constructing I'll
bike, which was originally bul
'nly up 10 the rail way right-o,
way, and not over it, according
)lans. After the mistake was di
covered, however, the pike wa
'arried across the railway. III
company should therefore pay ii
assessment.
In giving the decision the coul
aid the railway company had n
edress through injunction.
should have brought suit again,
he bondsmen for the pike commits
,ioners.
| The suit OF John Alburgt
'gainst Eugene F. FART field, an
)thers, for mooney only, was So