The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1917-04-17
TWO REVERSALS IN
8 SNAPPY OPINIONS
Single Criminal Action, That
Of Worley; Other Items
From Court

Opinions in eight cases were. hand
ed down Saturday morning by Judges
Chittenden, Kinkead and Richards of
the eighth appellate district of Ohio,
who have been sitting here the past
week in place of Judges Powell,
Shields and Houck of the fourth dis
trict, and an entry has been ordered
in ninth case. Fifteen case were
heard in all
In seven of the opinions, together
with the entry, the judgment of the
common pleas judge is sustained
while in two, the cases in error of
Robert S. Hull VS.. George William
Chisholm and the Sun Lumber Co. vs..
George William Chisholm, the judg-
ment of the common pleas judge is
reversed. The judges concurred in
all opinions.
A single opinion deals with the lat
ter two cases. 1t was written by
Judge Chittenden. It orders that the
petition of the plaintiff be dismissed
at his own costs and the titles to real
estate of R. s. Hull and the lumber
company be quieted. The real es-
tate in question is located on East
Gambler street.
This case has proved to be of un-
usual interest. 1t turned about the
will of the late Sarah Hutchinson.
Plaintiff averred that Alice V. Hutch
inson took only life estate in the
property. Defendants maintained
that she took title in fee simple.
The appellate court concurs in the
latter claim, averring that Alice v.
Hutchinson took title in fee simple
and that the defendants hold the
property by valid title.
THE ROBINSON CASE
Another case of exceptional inter
est was in the matter of the guardian
ship of Charity Ann Robinson. This is
the fifteenth time this action has been
heard and the litigation extends over
a period Of years. The appellate court,
Judge Kinkead writing the opinion,
held that, because of the lack of a
motion for a new trial in common
pleas, the judgment of that court was
sustained. The appellate body signi-
fed its willingness to have reversed
the judgment as against the weight of
the evidence, in failing to show that
the ward was an imbecile, had such a
motion been made.
FULTZ VS.. BRoUGHToN
Judge Richards wrote the opinion
in<the case of Mary E. Fultz and 9th
ers vs.. John T. Broughton. It is stated
that plaintiffs sold defendant property
in the city of Mt. Vernon for cash
consideration Of s1,750 and 100 shares
of Augustine Rotary stock. Plain
tiffs claimed Misrepresentation on the
part of defendant as to the value of
the stock and sought to recover the
sum of $2,500. The court holds that
an examination of the bill of excep-
tons fails to show that the judgment
of common pleas court was not SO
manifestly against the weight of evil
dence to warrant reversal and accord
ingly affirms the same. 1T is evident
that there is hopeless conflict as to
what was said." reads the opinion, re-
9erring to the counter-claims of
Broughton that he had not misrepre-
sented the value of the stock.
McGuGiN VS.. DRAKE
The opinion in this case was writ
ten by Judge Chittenden, his asso-
ciates concurring. The original suit
was brought by McGugin to recover
500 on promissory note executed to
him by the Drake Co. which later be
came a bankrupt. This claim was not
listed in the bankruptcy proceedings
and the action was brought after the
company was discharged, 1t being the
claim of McGugin that this discharge
did not affect his claim because OF the
bankruptcy law of 1898. The court
holds that plaintiff had knowledge OF
the bankruptcy proceedings and, &C
cordingly, affirms the Judgment of
common pleas. which was against
McGugin's claim.
COLE VS.. AsH6AUoH, Trustee
The action here was originally
brought By Ashbaugh to recover the