The Marion daily mirror. (Marion, Ohio) 1892-1912, 1908-09-18
Circuit Court Holds Against
the State.
NO ERROR IS FOUND
County Recorder Key Kept
Within the Law.
In the Noyes Case the Circuit Court
Corrects an Error in the Common
Pleas Court in Noyes' favor.

The circuit court, Judge Caleb H.
Norris. Michael Donnelly and Slas
f.. Hur'in, rendered It's opinions
Thursday afternoon in the various
cases heard during this term of court.
In the opinions there are two in
which John II Clark, prosecuting at
torney, is utterly routed. Defeated
in an attempt to collect alleged illeg-
al fees from John A. Key county
recorder, and Hiram II Noyes form
er county surveyor, in the Common
Pleas court, Clark carried the cases
to the circuit court which sustained
the Common Pleas, adding another
large lump to the amount which the
cases have already cost the county
and the taxpayers.
Tn the case OF the State of Ohio
against John A Key, recorder, the
court found that there was no error
in the trial of the case in the Com.
mon Pleas court. The Judgment of
the lower court was affirmed ana
the cause remanded for execution. In
this case Clark alleged that Key had
drawn illegal fees to the amount of
81 $50. but in the trial OF the case it
developed that the county owed Key
instead of Key owing the county
As result the county must pay the
recorder $94 fees which were unpaid,
together with interest.
A condition very much similar ex-
Its in the Noyes case brought by
Clark. In this case the Circuit court
found that there was error in sus-
tanning the demurrer TO the eighth
and twenty-third causes or action and
JUDGMENT as to those two causes
was set aside but in all of the other
causes of action the common pleas
court was sustained. In both cases
the opinions of the court was rem
dered by Judge Hurin, the only Re-
publican judge on the Circuit bench.
The principal point involved in the
Noyes case and the one in which the
Circuit court differs from the Com
mon Pleas court lies in the drawing
of pay for about two or three weeks
Of the time. At the time the first
salary law under which Mr.. Noyes
was working was declared unconsti-
tutional by the Supreme court, Mr..
Noyes has some money due which
he had not drawn He drew this
money up to the time that the law
was declared unconstitutional and the
Common Pleas court held that he had
no right TO draw the salary up TO
the time that the law was declared
unconstitutional. IL amounts to about
to$l06, while the prosecutor endeav-
ored to recover about $1,000 from
Noyes.
The case of h,a United States tel
ephone company against The Marion
County telephone company was con
tinued, pending settlement and the
case of HGnnah Clark against Mary
B. ColluEi and Others was continued
on the application of the plaintiff in
error
Thereawas submitted on brief the
caseSof Benjamin +. Adams against
the Home Building Savings and Loan
company an error proceeding.
A motion to make the motion for
modifction of alimony more definite
and certain in the ease of Christian
Benzler against Sarah Benzler, was
sustained by tine court. The plaintiff
was given until Nov. /, 1908 to
amend the motion, the defendant
until December /, to answer and the
plaintff until December Is. 1908, TO