The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-01-23
CIRCUIT COURT
GIVES FINDINGS
John Herr Loses Case Because
of Attorneys Argument.
MAY TAX TIE MONEY
Court Rules Other Property
of Goodnow Estate Exempt.
Alimoay Case Of Christlln Agar ms
Sarah Benzler in Common Pleas s
Sustained The Report.
May TAX TIE MONEY

The circuit court OF the third judi
cial district submitted It's repcrp OF
the cases heard at its recent session,
Friday afternoon at 2 o'clock. The
report was submitted by. Judges
Caleb II. Norris OF the city, NJ. Dom
nelly, of Napoleon and S. f. HuGin
| of Findlay.
Six cases were decided, four having
been continued until the September
term of court. The first decision
rendered was in. the case OF the Chi
cago and Erie railroad company
! against John Herr. The case was
/ referred to the court on error from
the common pleas court. Attorneys
Cr.ssinger and CUTLERY represented
the Erie while attorneys DeGolley and
/ DeGOlley had acted as counsel for
the defendant in error.
The courts finding declared that
there was error in the argument OF
the plaintiffs counsel before the jury.
In the course of the trial in the COM
mon pleas court the bill of eXcep
tons showed that the attorneys for
the plaintiff mis!ed the jury by in
troducing certain illegal argument,
which had not been overru!ed by the
court or in any way thrown out of
the evidence. The circuit courts
finding was that the court should
have sustained objections to the re-
marks made by the counsel for the
-lnf chtA hou "
admonished the jury against them,
or should have withdrawn said re-
marks entirely from the consdera-
ton of the jury.
The verdict and judgment OF the
lower court was reversed and set aside
A motion for a new trial was sus-
tained and judgment for the costs
was rendered against the defendant
in error.
In the case Of Jane e. Hughes,
executrix of the last Will and testa-
ment OF Robert G.. Boyd, deceased,
against Sarah A, Otis and others,
the court rendered dts decision as
follows: 1t finds that the personal
property of the estate is chargeable
with payment of the bequests and
that the decree be construed Accord
| ingly. The court assigned the judg-
ment and costs TO be paid by the
estate A motion for new trial
was oVerruled
One OF the most important cases
before the circuit court was that OF
w. II. Schaffner, administrator OF
the estate Of Josephus Goodnow,
against w. C.. Wottring and C.. l..
Allen as treasurer and auditor of
Marion county. The case was car
ried up from the common pleas court
on appeal
Josephus Goodnow died in New
York state and his administrator
was first appointed in that state.
Later an administrator was appoint
ed In this county and the question
arose as to whether or not the estate
cf the deceased should pay taxes to
this county. The Ohio estate amount
ed to $4,000 in stocks, $1S4,97O in
notes and bonds and $22055 in cash.
The circuit court held that con-
cernJng the tax on the notes and
mortgages, stocks and bonds and 9th
er items Of this nature, there could
be no collection of taxes and as to
these Items, an injunction as prayed
for In the petition was sustained and
made perpetual. AS to the tax on
the cash items amounting to $22 ,O55,
the injunction was declared dis
solved, the petition was dismissed
and judgment was rendered against
the plaintiff for the costs. A motion
for a new trial was overruled.