The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-07-26
TWO BIG SUITS FILED IH BEL
MONT COUNTY COMMON PLEAS
COURT AT ST. CLAIEsVILLH
YESTERDAY.
One Alleges Defendant Failed TO LiVs
to Contradictions Declares Oefen-
dant Mined Coal without Consenn

BY two suits filed in the common
pleas court Of belmont county at st.
tlairsv!!!e yesterday. two coal com
IanIes operating In the county are sued
:or sums aggregating S65.3l2.oo. The
suits were as follows:
burgess W. Lewis Vi The Climax
'oal company, a corporation. Action
for money only, amount claimed &t+.-
$500 with interest there from the
first day of January. 1921 Petition al
lcges that the defendant Is corpora
ton duly organized and existing UNI
der and by virtue OF the laws or the
state OF Ohio, with Its principal office
and place OF business In the city or
Martins Ferry. Ohio. and that said cor
poratiun was. previous TO tho second
day OF March 1920, a corporation or
Eanized and existing under and by vir-
tue OF the laws Of the state Of Ohio,
and was Incorporated and known as
The Banisma Coal company but that by
revolution duly passed at meeting OF
the stockholders Of said The Banisma
Coal company II was decided TO change
the name OF sale compamny TO The
Climax Coal company. Petition further
alleges that on Sept. IS. 1918 he was
and still IL the owner OF SS2 shares OF
The common capital stock OF the Ban
sma Coal company, now known as the
Climax Coal company and was entitled
10 the immediate possession OF certifi-
Gates evidencing said stock. Plaintiff
further alleges that on last mentioned
date defendant being then in posses
sion Of said certificates pretended to
cancel and annual the same and de-
clare plaintiffs said shares Of the COM
mon stock OF said company forfeited
10 said company and that defendant re-
fuses 10 return said certificates to
plaintiff and refuses TO recognize plain
liffs ownership OF said stock. Petit
lion also alleges that said stock Is OF
~" value Of s42o2O0o and also alleges
that dividend Of per cent has been
declared on said stock and paid to the
holders Of said common stock but that
defendant has wholly failed. neglected
ard refused to pay to plaintiff said
dividend amounting to t2.292.o0. At
torrcvs Thornhurs Lewis represent
he plaintiff.
John W. Humphrey vs.. the Union
town Coal company Action for money
only, amount claimed s2l.000.0o with
n'erest thereon from April l. 1912. 1t
he rate OF 6 per cent per annum. Petit
Ton alleges that plaintiff Is the owner
Of two tracts Of land in Wheeling
Township and the defendant is n cor
poration organized and existing under
the laws Of the State of Ohio. Petit
ton further alleges that defendant,
without consent Of plaintiff did mine.
remove and convert to its own use ono
half acre OF coal Of the a vein Of six
feet depth underlying plaintiffs land
10 his damage in the sum OF sic. 100000.
Petition further alleges that defendant
wrongfully and unlawfully made open
Ings and excavations IN said seam or
coal and thereby rendered a large area
81 said coal underiyin plaintiffs land
unmineable by reason OF the overhang-
ing material failing into said excava-
lions and tho same have filled up with
material and water to his damage In
the sum OF 100000. Attorney N. X.
kennon represents the plaintiff.
Probate Court
Robert J. Jenkins. as Admir-. OF Ernest
F.. Stringer, deceased. VS.. Mae E. String
or, ct. al. Application filed for order OF
private sale. Cause heard finding that
all the defendants are properly before
the court. that tho allegations OF the
petition are true and the sale OF tho