The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1913-01-21
FOR $4,000
DAMAGES
Camp Glass Co. Sues Upham
Gas Co.
For Alleged Failure TO Per.
form Its Contract
To Supply Ample Gas For
Five Years
6l1ss Co, Asserts Tanks Have
Been Damaged
Other Items Of Interest From
The Court neuse
Other Items Of Interest From
The Court HoUse

The Court ho1se
The Camp Glass Co.. has com.
menced suit in common pleas court
against the Upham Gas. Co., asking
Judgment for $4,000. Plaintiff AYERS
that ON April 1, 1910, defendant en-
tered into q contract with plaintiff
agreeing to supply sufficient gas for
. period Of five years to operate
the plaintiffs window glass plant, ev-
On to the requirement Of shutting on
gas from other consumers. Plaintiff
says that since September 1912. the
Anontract has not been carried out in
TINS particular. putting plaintiff to ex-
pense in purchasing other fuel. It is
also claimed that, besides loss Of pro-
-duction, the company's tanks have
been damaged. Plaintiff AYERS that
when the defendant was requested to
reimburse plaintiff for damages, q
threat was made to shut on the supply
Of gas from the factory. An injunc.
ton to prevent such action on the
part Of the defendant is asked. F. o.
Levering for the plaintiff.
Fine Points Of Law
The probate court will shortly be
called upon t0rdecids two very inter-
esting points Of law which are de-
manding the attention Of attorneys to
no little extent and which promise
to stir up quite little breeze before
the arguments and briefs have all
been submitted. The litigation arises
from the Seller administration case,
prominent ON the probate docket.
The first point is regarding wheth-
er water rents imposed by the Direc-
tors of Public Service are to be con-
sidered as lien upon the property
under administration, whether 1t is
upon tax duplicate or not. Attorney
]. v. Hiiliard Is counsel for the admin
istrator and this morning informed the
luAdsccsts that the water rents are
1iien ON the property and that the di-
rector OF public service is not required
to have them placed on the tax dupli-
cate; and that they are prior lien to
all mortgages. just as any other tax
imposition. The question has aroused
some contrary positions among other
attorneys In the city.
From the same administration case
comes the question of whether or not
the percentum Of the administrator
and the attorneys fees are such
charges that the law recognizes to be
taken from the proceeds Of sale, even
though q mortgage may be injured
by such action. when the mortgaGee Is
not at the same to protect his lien,
and the porperty does not sell for
enough to play such charges In addi.
ton to the mortgage lien. The gener'
q impression 10 that the statute pro
! vides for the caring for attorneys fees
and administrator percentum In pri
I ority to the mortgagee's lien.
tlom Court Journal
scarbrough W.. Jenkins. leave to an
swer instanter.
Order granted First Presbyterian
church to sell real estate at private
or public sale.
Ohio ex rel. Baxter vs.. Guaranty
Bank, sale Of desperate claims con
frmed.
Lee Va. d. Andoy ct al. decree To-
plaintiff for order Of sale.
Mccullough w. zissloft ct al. sail
confirmed and deed ordered. Attorne!
Tee el3.
McCulley vs.. Knox Glass Co, orde
Of sale
Wooster vs. Levering, Michael VI
Tri-state Land Co.. settled and cost
paid, ~ &,
Waight vs.. Levering, leave given :
bring suit against receiver.
Welsh ct A.. VS.. Solomon, judi
ment by default for $4.Oes.4o.
Greer receiver, vs.. Solomon, judi
ment by default. $1.070.14.
Jewell. guardian, vs. Bell, taxes
be agreed upon by attorneys.
- --O--
Account FIlsd--
Albert H. Fox. administrator Of q