Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1931-12-03
Court House News
COMMON PT.EAS COURT
Action For Divorce

on the grounds of extreme cruelty
and gross neglect of duty Petition
states plaintiff was married to de-
fendant Dec. 4, 1926, and that they
have one child, aged four years. In
petition she recites i'll treatment to-
wards her; also that defendant has
refused and wholly failed to pro-
vide for her and their child, and
that he does not and will not work
to earn living for her and her
son; that she has been forced to
work for her own and her sons
support, by reason of defendants
neglect She asks for divorce and
custody of child.
In the partition, ETC., case of An
ME L. Smith vs. Jessie B. Wood and
the First National bank of Stock
port, leave is granted defendant
Jessie B. Wood to file motion in
stanter. Motion to quash service
overruled. Defendant Jessie B..
Wood excerpts. Leave is granted de.
fendant Wood to answer by Dec. Is.
Files Answer In Election Contest
In the Marion township election
contest of Frank Calendine VS.. Bea
trice Williams, answer is filed in
which contestee denies that Frank
Calendine was a candidate for men,
Der of Board of Education at the
election held Nov. 3, 1881; and she
denies there was irregularity in
said school board election in the
respects set forth in the petition.
She denies that legal ballots in ia
vor of contestor were rejected. and
denies that contestor received more
legal votes than contestee, and
denies there were improper or ir-
regular or illegal conduct on part
of election officials as averred; and
she AYERS that said ballots were
properly counted and that all legal
ballotA cast for contestOr were
counted, and that result announced
and declared, was the true result.
Petition states no disputed ballots
were returned by the judges of cleo
tion, from either precinct. nor was
there any disagreement between re-
turns as to said vote, made to
board of elections and those certi-
fed and posted at the polling
places: nor was any recount of
votes by board of elections, asked
for, nor any recount thereof had.
and this contestee was by board of
elections given a certificate of elec-
tion to said office, dated Nov. l..
1881. Contestee prays the court to
dismiss the petition filed by con-
teStor.
Assignment
The following cases, Judge L. J..
Weber, presiding, have been posted
for hearing:
Dec. 3-4-Dessie Hall VS. Carlos
Hall, divorce and alimony
Equity.
Dec. Laura A. Brooks as ex-
ecutrix of estate of Edward p.
Brooks, deceased, VS.. Willard H.
Broomhall as executor of the estate
of John Brooks, deceased, none.
only. (Jury).
Dec. S-Dennis Lochary VS.. Levi
Scott, money only. (Jury).
Dec. 9-Lennard H. Sears vs.
Besse Patterson, action for money
on account. (Jury).
Dec. 1O-State of Ohio VS.. James
Mccoy, neglecting to provide for
child. (Jury).
Dec. 11-State of Ohio VS.. Har-
old Smith, carrying concealed weap-
ems. (Jury).
Dec. 15-Clifford E. Foreman VS..
Vernon A. Appleman and The Malta
Savings & Loan Co., action to set
aside, cancel and annul certain
deed, etc. equity.
Dec. 16-Freda Kincaid VS.. Ceci.
Kincaid. alimony. equity.
Seeks 81 4,166 Judgment
The Citizens National bank Of
GAINESVILLE has filed suit against the
board of education of York town
ship, in which judgment is sought
in the sum of s4,166 and costs.
Plaintiff states in petition that prior
to April 6, 1881, the Kerner-Clif-
ton Co. entered into a contract
with defendant for the erection of
school buildings at Deavertown and
Rose Farm, York township, in
which the defendant agreed to pay
to Kerner-C Clifton Co., for the erec-
ton of said buildings. Plaintiff
says that on April s, 1881, Kerner-
Clifton Co. executed an irrevocable
written assignment in the SUM OF
$4,000, which assignment ordered
and authorized the board Of educa-
ton, York township, to pay sum Of
money to the Citizens National
bank, GAINESVILLE; which was duly
accepted by said board on Nov. II,
1881, Petition states that on Nov.
90. 1881, plaintiff demanded pay
ment of said money, due and owing
to it from defendant, by virtue of
said written assignment, and that
defendant refused to pay plaintiff
said sum of money. although at
time of accepting said assignment.
and at present time, defendant had
in it's possession over $4,000 be-
longing to the Kerner-Clifton Co.
For second cause of action, plain
tiff says that prior to April 16.
1881, the Kerner-Clifton Co. enter
ed into contract with defendant for
the erection of school buildings at
Rose Farm and Deavertown. for
defendant, in which defendant
agreed to pay Kerner-C Clifton Co.,
for erection of said buildings.
Plaintiff says that on April Is,
1881, the Kerner-Clifton Co. ex-
ecuted an irrevocable written as