Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1922-12-14
COURT HOUSE NEWS
Docket Entry

the entry dismissed without preju
dice to future action, at cost oi
plaintiff"
In the case of VIM. Bradley VS.
Kere Brock, money judgment and
foreclosure of purchase of money
lien, the entry reads motion to re
quire defendant to separately state
and number her defense and causes
Of set off and counter claim, sus
tanned. Defendant excepts. Motion
overruled in all other grounds
Plaintiff excepts. Defendant grant
ed leave to answer in Is days"
The State of Ohio ex rel J. T
Tracy etc., VS. James w. Carter, in
junction. case has been settled and
costs paid.
In the case of G.. L. Stanbery VS.
A. P. Pinkerton, money only and at
tachment, the entry reads 'Demur-
rer to petition sustained. Plaintiff
excepts. Leave granted plaintiff to
file amended petition in five days.
The following jurors have been
chosen for the January, 1923, term
of court:
Grand Jury
N. C. Whitelock, Malta; Florence
Hill. Manchester; Nellie Rouanzoin,
G.. HI. Carr, Marion; Goldie Lane,
Windsor; B. F. Haines, Harley
Lawrence, Mary Miller, Bristol;
Robert Able, Morgan; e. M. Wat
kins, Austin Newburn, Homer; U.
c. Kincaid. Mertie Spurrier, Union;
Harry Anderson, Deerfield; Charles
Eye, York Called, Tuesday, Jan
uary 2, 1923, at 10 a. M
Petit Jury
John Betz, Viola Dougan, G. A.
Beard, John Greer. S. A. Cordray,
John Fox, Morgan; c. F. Dewitt.
William Barnes, Meigsville; Ed
Thomas. Deerfield; Ernest Elliott,
H. c. Murphy, c. H. Mendenhall,
Marion; j. L. Best, Union; c. l..
Harris, Marcella Phillips, R. E.
Scott, Malta; Philip Shoemaker,
York; John Crosser, Val Combs,
Center; Fred Vanfossen. Harold
Henery, Windsor; Bertha Williams,
Penn; r. w. Fitch, Homer; F. H.
Rex, H. C. Combs, Manchester.
Called Tuesday, January 2, 1923, at
10 a. m.
COMMON PLEAS COURT
The following jury cases have
been posted:
Jan. 3-4-The Ohio Culvert Pipe
Co., VS.. H. D. Curtis and Jack Thoe-
men, money only.
Jan. 5-Walter Finley VS.. Clea-
son B. Richardson, money only.
Order for partition in the parti-
ton case of ]. o. Trimble VS.. Jno.
w. Stevens ct al Riley Morris,
Geo. X. Phillis and Renzie Simcox
appointed commissioners.
In the partition case of Riley
Murphey VS.. Charlie Murphey ct al,
dian ad litem for minor defendants.
Order to assign dover to Phoebe
Murphey, and for partition. John
Lent, Mahson Parsons and VIM.
Chappelear appointed commission
erS.
In the matter of the case of Jno.
P. Kennard VS.. Evelyn Louise Dou-
gan, a minor ct ano-Geo. o. Nc
Gonagle appointed guardian ad
litem for minor defendants. Order
to assign dover to John p. Kennard
and for partition. W. Fl. Penrose,
Geo. F. Kennard and r. r. Bain ap-
pointed commissioners.
In the foreclosure case of The
Malta Savings & Loan Co., VS.. Amos
Armstrong ct ano, appears the en-
try: Judgment for plaintiff against
defendant, Amos Armstrong with in
terest to date for $776.40, and that
same is first and best lien on mort
gagged premises. Order to sell mort
gagged premises as upon execution" )"
New Cases
In the matter Of the estate of
Emily p. Mercer. deceased, the set
tlement of the estate is changed to
the common pleas court. The ac-
ton is made necessary owing to the
fact that Alfred H. Mercer, judge of
the probate court of this county, is
an heir at. law and interested in the
estate of said Emily P. Mercer.
Horace D. Curtis has filed suit for
"mandamus" against c. E. Harper
as auditor of Morgan county, and
the Greenville National Bank. The
petition states that there Is due
plaintiff the sum of $2883.19, for
the improving of Sec. H. l., known
as the McConnelsville-New Lexing-
ton /. C. H. Plaintiff states in Pc
tition that the county auditor re-
fuses to issue and deliver warrant
for the above amount. The reason
assigned by the auditor for his re-
fusal was that the Greenville Ma
tional Bank is making claim to the
right to have said warrant issued in
favor of it. Plaintiff says said bank
has no interest in said warrant and
no lien upon or claim against said
sum Of $2883.19, and has no right
to so order and direct said auditor
not to issue warrant to relatOr, and
has no right or interest in, to or con-
cerning said warrant. Plaintiff
prays that said defendant auditor
may be ordered and directed by
court to issue his said warrant in
due form of law in favor of relator
for $288319, and to deliver the
same to relator, and that the de-
fendant, The Greenville National
Bank, be found and decreed to have
no right to or interest in said war
rant, nor in said sum of money, and
that relator have all proper relief.
The case of Maude Mendenhall,
VS.. Earle Newberry. bastardy, is
brought from Jno. o. Days ]. P.
court to this court.
An injunction suit is filed by
Adam Smith of Bristol against Da-
vid Henderson to restrain him
from cutting and removing certain
timber from his place. The action
grows out of a deal whereby plain
tiff sold 10 trees to the wilson
Shilling Lumber Co., Parkersburg.
Later two more trees were sold to
r Stalknaker. agent for the