The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-10-06
Loring j., Smiths Case Is
Not Decided.
COURT. SCORES A HUSBAND
Will Force Him to Deed all
His Property.
A Number OF Very Interesting Cases
Arc Decided by the Circuit Court
At the September Term just Clos
ed.

The circuit court Wednesday made
its finding in the cases which were sub
mitted Oft at the present term.
The court completed the hearing OF
the cases one week ago last Friday,
but was unable to prepare its report
upon them before leaving the city
and the first opportunity to report
was seized upon.
The case of Loring j. Smith against
the State of Ohio was the only one
which was heard and upon which no
report was made. This case was
cdntinued until the next term OF
court
The most severe grilling which
has come from any court in marion
county in many years was handed
down by the circuit court in the case
of Eva f. Bonner against Marion
Bonner. In this case divorce was
granted by the common pleas court
but the alimony prayer of the Pc
tition was not granted. This fea-
ture of the case was appealed to the
curcuit court and the opinion was
delivered by Judge w. II. Kinder.
Judge Kinder reviewed the case, the
evidence which was submitted to the
court. He told OF the visit of Mar
ion Bonner to Kentucky and his re-
turn with his bride, a girl of eigh-
teen years; of the harsh treatment
and his injustices at the time when
the wife needed most to be cherish
ed during the first year of mar
ricd life when conditions were new
Il, I'M, ,n1. Nf hnr 1n
had cursed and abused her and prac-
tically drove her from his home;
of her having written letters to him
which were unanswered and of his
paying no attention when informed
of the birth of a child, while the
wife was at her former home in
Kentucky. Judge Kinder stated that
Bonner either showed deficiency
in his raising or wholly disregard
ed the law of marriage when he mis-
treated the woman he had sworn to
love and protect. The opinion con-
cluded with the decree that Bon
ner. in lieu of alimony should with
in ten days deed tp his former wife
all of his interest In the fifty acres
of land belonging to his mother and
that In case of his failure to do this.
the decree of the court should act
as transfer of that interest.
Judge Micheal Donnelly rendered
the opinion of the court i'm the
case OF Jeremiah Powell against f.
]. Mccormick and others. The title
of the plaintiff TO the property in
question was quieted and the plaintiff
was declared to hold the first lien.
in the sum of s41.S7 The costs were
assessed against the plaintiff.
|. Judge Sails Hurin rendered the
opinion in the case of The State of
Ohio on relation of the board of
county commissioners of Marion
County Ohio, against Charles l.. AL
len, as auditor of Marion County,
Ohio. This case involved the plac-
ing of the $500 conscience money
which was returned to the county
treasurer some months ago. The
commissioner ordered that the mon
ey be placed In the pike fund and
the auditor refused, saying 1t should
be placed In the county, or general
fund. The court found that the COM
missioners have not the right to say
into which fund the money shall be
placed. but placed that duty upon
the county auditor. This was done
by analogy, there being no law which
directly covers the point in question
rhc demurrer to the petition to man
damus the auditor to place the mon
ey in the pike fund was sustained.
The opinion in the case of the
Lincoln Pharmacy company against
falph Sargent was rendered by Judge
Kinder and was mildly sensational
IN that the common pleas court was
sustained I'm its criticism of counsel
for the defendant in error in it's con-
duct of the case, The circuit court
remarked that the conduct of the case
was not up to the stan
dard of the Marion bar as
had been shown to the court. The
verdict in the case was found to be
excessive In the sum of $131.13. The
real amount found to be due Ralph
Sargent was $15799. Counsel ask
ed whether the defendant i'm error
was willing to remit this amount
and when informed that II would be
RENTED from the Judgment, the
finding of the court below was
confirmed Had not the amount been
RENTED, the case would have been
reversed and remanded back for an
other trial.
Judge Hurin read the opinion In
the case of Emma Kennedy and 9TH
ers against Marietta Holverstdtt.
The court failed to find trust re-
ationship having been established
but that the amount claimed by the
plaintiffs was only debt of the es-
tate, to be paid as all other debts
are paid, and sustained the COM
mon pleas court in sustaining the
demurrer to the answer and cross
petition OF Emma Kenney and 9TH
ers. No error was detected.
In the case Of August Rhu against
Albert Trey Judge Donnelly render
ed the opinion, affirming the judg-
ment OF the common pleas court and
assessing the costs against the plain
tin In error. The court stated that
the testimony of thet plaintiff and
defendant were at such varience
that the court would not be justified