The Marion daily mirror. (Marion, Ohio) 1892-1912, 1908-11-26
COURT ASSIGNS
JURY TRIALS
Lucas Case Postponed Until
Jan. d.
CLARK STILL TO SERVE
AS Term Expires He is to
Continue in Case.
Other Cases are Put Down for Trial
by Judges Young and Babst-
Notes of Common Pleas Court.

Judges Boston g. Young and Dam
iel Babst of the Common Pleas court
assigned the cases on the docket for
the September session of court, Wed
nesday afternoon at 2 o'clock. A few
cases were also assigned for the Jan
nary term.
In the case of the State OF Ohio
against Robert G.. Lucts, upon agree
ment of the court, the matter was
continued from December 9th to Jan
uary 4th. Owing to the fact that the
term of office of the present prosecut-
Ding attorney, John II. Clark, will ex-
pire before the trial will have been
completed, the court appointed and
instructed him to continue in the
case. Judge Babst made the appoint
ment upon the consent of the attor-
neys for the defendant. The reason
for continuing the case was due to
the fact that Attorney Grant L. Nous
er, counsel for the defendant will be
absent from the city on December
eth, which was the time previously
set for the trial
In the case of Harris against the
G. ID. and M. railway company, the
court set the trial for December 7th.
The suit of Setter against the Mar
don Manufacturing company, will be
heard on December Sth.
In the case of the State of Ohio
against McComb, the matter will be
brought TO the attention Of the court
on December 14th.
The State of Ohio against Bingham
will be given trial on the fifteenth of
December.
In the matter CT Jones against
Bonner, the case will be given trial
on December 10th. Holland against
the Chicago and Erie raiiroad viii
bss heard on December 21 and on tho
twenty-third of December the case OF
Koch against Koch will be given al
tention. On January 2lst the trial in
the case of Turner against Tobias
will take place. The final assignment
was made in the case OF Churchill
against Bryan which win take place
on January 9th.
The majority of the cases assigned
jWishfesday will require jury trials
and II is very probable that the
court will be unable to carry out
the schedule as 1t was assigned.
An answer and cross petition of the
Home, Building, Savings and Loan
company was filed in the common
pleas court Wednesday by Attorneys
Copeland and Bartram, in the case
of w. G.. Harding, trustee in bank
ruptcy of the Marion Manufacturing
company against Henry S. Foley, and
the Home Buildings Savings and Loan
company.
In answering the defendant denies
all the main allegations brought in
the original petition. In its cross Pc
titiCn, the loan company sets forth
that on February 12.h, 1901, John w.
Headley and Carrie e. Headley his
wife, delivered TO the company their
promissory note for 5000, and gave
mortgage on the property at Issue,
The defendant alleges that the .condi4
tions Of the mortgage were broken
and that fhere is now due on the
note, the spm of $3fj.27 The defend
ant furthermore states that II was
not responsible fer any of the tran
sactions described in the plaintiffs
pethtlon and asks that the court
make, John W. and Carrie r. Head
ley parties defendant in the action.
The defendant furthermore pays that
the court dismiss 1t from further ac-
tion and upon final hearing of the
case, render judgment against the
plaintiff for costs and upon d'spo'al OF
the realty in question, settle the
mortgage held by IT.
In the case OF Charles Hofstetter