The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1921-07-12
Holly Contested Case Starts
In Knox Co. Common
Pleas Court
JUDGE w. N. CROW IS
HEARING THE CASE
Divorce Suit Heard By Judge
Blair And Held Under
Consideration

After being heard in three courts,
the case of Elva Loney VS.. w. w.
Walkey, administrators of the estate
of Julia A. Loney, came up for hear.
ing in the Knox county common pleas
court Thursday morning, having been
remanded from the supreme court OF |
Ohio for a rehearing.
The case is being heard in common
pleas court by Judge w. N. Grow of |
Holmes county.
The case is being warmly Contested
by both sides and large number Of
witnesses were examined Thursday.
The taking of testimony for the de-
tense was resumed when court con-
vened Friday morning.
At. the opening of the hearing
Thursday morning, the attorneys for
the defense asked the court to direct
a judgment for the defendant on the
pleadings. The motion was over.
ruled by Judge Grow. Again at the
conclusion of the PLAINTIFFS testimony
the attorneys for the defense offered
similar motion, which was over.
ruled by the court.
The case is an interesting one.
1t was first filed in the Knox coun-
ty common pleas court in January,
1917. Elva L. Loney filed suit against
w. w. Walkey, as administrator OF
Julia A. Loney. claiming the sum of
$4,393.91 and asking for the cancella-
tion of notes. The PLAINTIFF claimed
to have a contract with his father,
Reuben c.. Loney, whereby he was
to have all the personal property of
his fathers estate after the death of
his mother, Julia G. Loney. Howev-
er, Reuben Loney made will and un.
der the will he gave all his personal
property to his wife, Julia A. Loney.
Julia and Elya 1.oney were named as
1.-The executors of the will, and it is the
claim OF the defense that Elva Loney
accepted under the terms Of the will
of Reuben c. Loney and is therefore
contract
The cage was first heard in the
4 Knox county common pleas court in
1918, before Judge Craven of Ash.
land. who rendered judgment for
the plaintiff. The case was then car
ried to the court Of appeals by the ad-
ministrator, w. w. Walkey. The case
was heard by the court of appeals of
Franklin county, and the common
pleas court was reversed. The defend.
ant in error Elva Loney, then carried
the case to the supreme court of Ohio
where the court OF appeals was sus.
aimed and the case remanded to the
common pleas court of Knox county
for re-hearing on the grounds of er.
: ror in the common pleas court in ex.
Guiding certain testimony.
Robert L. Carr and j. B. Graham
are the attorneys for the plaintiff
while the defendant is represented by
Judge F. o. Levering and r. e. Hutch
inson of Mansfield.
Undertaken Files Suit
Hilas H. Miller has commenced q
suit against Elva Loney in the Knox
county common pleas court in which
he is asking for a Judgment in the
sum of $2T6. The plaintiff claims this
sum is due him for services at the
time of the funeral and burial of Lon
ey's son, Floyd E. Loney. P. L. vii
kins is the attorney for the plaintiff.
Divorce Case Heard
Judge Blair heard the divorce case
of Lilly M. Shoup VS.. Howard v
Shoup, in the Knox county common
pleas court Thursday afternoon. The
!. case is being held under advisemen,
by the court.
%
: Answer Is Filed
: In the divorce case of Jayson q
Pelton VS.. Bertha NJ. Pelton, an an
: swer and cross-petition has been filed
by the defendant in the common pleas
/ court of Knox county The defend
ant alleges that the plaintiff aban
y doned her and that he associated will
: lewd women, She asks that the plain
!. tiff's petition be dismissed and tina
3 she be granted a divorce. alimony ant
the custody Of the child on her cross
petition.
William A. Hosack is the attorne!
for the defendant.
l. Motion OverruIed-:
v In the case of John Robinson VS.
t the State of Ohio, the plaintiff in er
ror has been denied permission tt