The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1908-02-21
DECISIONS
OF CIRCUIT COURT
ANNOUNCED
Five ReversaIs of Lower
Court Are Made

GuuIt AIb Wdub
Pfeffer and Ritchie Go to
Pen Unless Supreme
Court intervenes--City
Gases lost--Other De-
cisions.
The circuit court yesterday after
noon, with Judges Taggart and craine
on the bench. Judge Donahue having
left for his home. handed down deci-
sions in nineteen OF the cases which
they heard during the term and then
the session of the court was deelareI
adjourned without day by Judge
Taggart. In Ave OF the cases the cir
cult court reversed the decision of
the lower court and In four Of these
cases the reason for reversal was
that error was found In the charge
delivered to the jury.
The court affirmed the Judgment ofd
the common pleas court In the casee
of Earl Ritchie, under sentence to the
Ohio penitentiary for shooting with
intent to wound. and In the case OF
Frank Pfeffer, under sentence 10 the
Rame institution for q like offense.
In each case execution of sentence
was suspended for thirty days and the
attorneys for the defendants will at |
tempt to get their cases before the su-
preme court Of the state. Attorney |
Luther Day, associated with Attorney |
}. J. Grant in tho defense OF Pfeffer, |
and with w. J. Piero In the Richie
case, said last night that motion
10 file an appeal in error would be fl
ed with the supreme court within a
week and that he had hopes OF getting
the cases to the attention to the nigh
est state court The fact that Judge
CRANE dissented IN the finding or
Judges Taggart and Donahue In the
Pfeffer case Is expected by Attorney
Day TO aid In getting that case to the
supreme court. Judge Craine said
last night that he had not yet writ
ten his opinion but that It was based
on the instruction OF the court as to
what constituted assault and battery.
He stated that he did not consider
the illustration which had been used
served to make the matter plain an II
should have been.
The two city cases, that OF the city ,
against Livonia McAillen, who OBJ ,
tanned a judgment for damages ex- |
ceeding $4,000 and that in which the
Stark Electric company appealed
from a judgment awarding the city
damages for horses killed in . col
lision between q car and a FIRE wgon
we're both lost to the city. In the
McMillen case the circuit court up
held the decision OF the common pleas
court. and City Solicitor Day said last .
night that he expected to carry the a
sase TO the supreme court and beliey-
sd that that court would decide In
'ayor OF the city as II had usually c
lone 80 in city sidewalk cases. The a
stark Electric case Was remanded
back 10 tho common pleas for new j
rial as the decision OF the court was a
reversed on account OF error in the +
,harge. Day said be was hopeful OF U
gain getting = verdict against the i'
company but wanted ono with no o
Itrings 10 II
In the case of tho Alliance Review II
company against County Auditor OBJ II
'rlin the court issued q peremptory U
writ for payment and the auditor has q
Until today In which TO apply for a .
tay Of execution. II is not believed, o
However, that such action will be tax
N but that the bin will be paid anu 8
he matter closed.
The cases In whicht he judgment OF
he lower court was affirmed arsi In
'ottlieb Bahr's guardian vs. James A. 8,
ioore ct al; B. J. Rickard vs. State OF A
'hio; John Wack va W. II. Wagner; al
'ity OF Canton vs.. Livonia McMlllen; n
Railway Co. vs. Roy ). III
Earl Richie VI. State Of Y
,hio; 8. Glaser VS.. Chiffon Ilias; M
,oren II. Grant VS.. W. II Grants ad- T.
Frank J. Pfeffer VS.. gi
tate Of Ohio; Fannie Myers VI. Mas Ii
lifon Building and Loan Co.
The cases In which the Judgment OF
he lower court was reversed are:
tark Electric Co. vs.. city OF Canton; n
10 Steiner Coal Co. VS.. Dominia Gull M
10 Admir- Stark Electric Co. vs.. M
evils Hoyie: city OF Alliance VS.. o,
Iiohael Ryan; Johnson County Saw
'ss bank VI. Lorenz Zeigler. ey
Judge Taggart stated before giving co
is decision OF the court IN the above M
lses that the decisions In the other y
lses heard would be announced In
10 near future.
hu