The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-09-23

the case were taxed against the
plaintiff in error.
Judge Donnelly also delivered thI
opinion in the case of William Miller
against the state. This Is an error
case in which Miller was convicted
of violating the local option laws by
driving a delivery wagon in which
several cases of beer were found. The
common pleas court and Miller car
ried the case up on error.
The circuit court holds that the
only evidence shows that Miller was
found driving vehicle on the streets
of Marion and several cases of beer
were found in the vehicle. No effort
was made to show where the beer
came from, what label the boxes oI
bottles bore or that the beer came
from within dry territory. 1t is held
that a common carrier has right Ia
deliver beer or whisky in dry terri
tory, IL 1t comes from without that
territory, and in this case. Miller's
rig Is held to be afcommon carrier
Judge Donnelly holds that the evi.
'dence Is too slim to warrant a convic-
tion' and therefore reverses the judg-
ment of both the lower courts, as
.essing the costs against the defend
ant in error af n.lfl. .UN
Miller Alimony Case. ~
The opinion IN the rather involved
error case OF the {. n. Parish COM
pany against Martha Miller. was rem
dered by Judge Grow. This case was
started by Martha Miller bringing an
action for divorce from Samuel Miller.
in this petition she described certain
real estate and asked to be awarded
suitable alimony which she asked TO
be made a lien on this property. The
record shows that after the filing of
his petition, certain creditors of Sam
uel Miller recovered judgments
against him. but no executions were
levied on these Judgments
Following the granting of a decree
Of divorce and alimony TO Mrs. Miller,
Samuel Miller made an assignment
for the benefit of his creditors. The
assignee then started proceedings in
the probate court to sell the real es-
tate and then arose the question OF
the payment of Mrs. Mlller's alimony
The common pleas court held that
the allmony lien was prior to the 9TH
er judgments against Miller and her
inchoate dover rights were superior
to her judgment. The Parish COM
pany took the matter to the circuit
court on error, and that court affirms
the decision of the lower court. No
error was found.
Judge Kinder read the opinion In
the two cases of william j. Mautz
against the Toledo Computing Scales
Mautz sought to have
judgment vacated and assigned num-
erous reasons why he had paid the
notes in which the Judgment was
taken, by default. The court couldn't
quite see why a man should wish to
vacate judgment which he claims he
has paid No error was found and
the costs of the case were taxed
against the plaintiff in error.
Holds Stone Company Responsible.
Judge Donnelly rendered the opin-
ion In the case Of John ID. owens q
Son against John w. Clark, admin
lstrator Of the estate of Elmer Burch,
deceased. Elmer Burch, 14-year-
old boy, was killed at the owen stone
luarries by being suffocated in bin
of stone dust which was being loaded
onto cars from the bin through an
ron chute The boy was run through
he chute and Clark, as administrators,
sued the company for $4,000, alleg-
ing negligence on the part of the
company verdict for $1,000 was
awarded in the common pleas court,
lfter Harriet j, Burch had been sub
for John Clark as administra-
or of the dead boys estate, In this
lction.
This substitution was alleged as a
ground of error by the company,
which filed its petition In the circuit
'ourt Judge Donnelly held that the
did not IN any way af-
ect the rights Of the defendant, that
I could not possibly be held TO be
,rejudicial TO the Company. He said
hat the evidence showed that this
,4-year-old boy was hired by a man
lamed Cook, foreman at the quarry
day or two afterward young Burch
vas sent TO the dust bin in charge
Il a man named ullery. The boy
vas in the bin scattering the dust
when trap door releasing the dust
nto the chute, was opened without