Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1932-12-08
Court House News
COMMON PLEAS COURT
COMMON PLEAS COURT
Assignments


Dec. 12-Charles Hook VS.. Ches-
ter R. Murray, ct al, money only
Dec. 13-The State of Ohio VS..
Lindsey Webb, assault with intent
to kills
Dec. 14-15-Jesse G. Anderson
VS.. Ira Richardson, damages,
($10,000).
The foregoing are. jury cases.
Dec. 16-State of Ohio VS.. VIM.
Van Metre. burglary and larceny.
Dec. 17-Clarence Eddleblute VS..
Myers Vanfossen ct al, money
only, hearing on demurrer. On the
same day the following: Henly j.
Harmer VS.. Jessie B. Wood ct al,
money only, hearing on motion; S.
E. Bone, etc., VS.. Rocky Glen sana-
torium, money only, hearing on
demurrer. hearing on demurrer In
the case of J. J. Evans vs.. Helen
Berry, ct al, equitable relief, etc..
and the divorce action of Glenna
Harper VS.. c. Fl. Harper.
Dec 19-In the matter of the
estate Of Ella Wainwright, deceased.
VS.. Charles Pool, administrator, ap-
peal.
D. S. Butler on behalf Of him
self and the other legal heirs of
John Butler, deceased, has filed
suit against Rloom township board
of education, Franklin rural school
district, Muskingum county: Harry
S. Day, treasurer of state; Addie
Durant, of Akron, ct al. The ac-
tion is for the construction of a
will of John Butler, deceased. The
said John Butler, bachelor, by his
will left certain property, one-half
to Bloom township school district
No. 4, and oIe-half to Bald Knob
district, Blue Rock township, to be
so invested that the interest be
perpetual school fund for continuing
the schools in the said district. AS
per will, the said estate in the sum
of 1865 has been paid into the
state treasury, and since, the pro-
ceeds of estate have been paid half
and half to the school districts
named. Petition states that said
defendants in the action are asked
to come before this court and show
why said funds now on deposit in
the state treasury should not be dis
tributed to the legal heirs OF the
said John Butler. D. S. Butler
claims one-sixths interest; Addie
Durant a one-twelfth: Garnet Trout
and Delmar Trout each one-twenty-
fourth; Clyde and Bert Butler a
one-sixth interest.
Wants Divorce
Ressie M. Fox has filed suit for
divorce and alimony against Willard
r. Fox. They were married June 18,
1904, and have two children, Mrs.
Elda Lane of full age, and Carol l..
Fox, aged 20 years. Petition states
defendant has been guilty of ex-
treme cruelty, and recites that on
Nov. 6, 1892, he without cause or
provocation, kicked plaintiff, severe
ly injuring her, which resulted in
her being confined to her bed for
two weeks, and under the care of
physician for an indefinite period,
She also states that for more than
two years past he has pursued a
course of i'll treatment and abuse
toward her, calling her vile, indie
cent and vulgar names; refusing to
eat at the table with her; that de-
fendant has forbidden plaintiff to
visit her relatives, or have them
visit her; that he has often in the
presence of their daughters imputed
a lack of chastity to plaintiff.
Because of his treatment, she left
him Dec. 1, 1892, and because of
his cruelty she cann6t return to his
home. Plaintiff states that she is
wholly without means of support;
that defendant owns 95 acres OF
valuable land, and they have live
stock, potatoes, fruit, grain, etc.
She states defendant is the owner
of one or more promissory notes in
Citizens Bank, McConnelsvllle, and
Stockport bank, of the sum of about
$1,8OO; that he has threatened to,
and will unless restrained by an or
der of the court, withdraw all OF the
funds from the banks in an attempt
TO prevent plaintiff from recovering
adequate alimony. Plaintiff asks
that the banks be restrained from
paving over to defendant any money
on deposit to him. She asks for
temporary alimony, divorce, and
alimony.
Files Answer
In the foreclosure action Of The
First Trust and Savings Bank of
GAINESVILLE VS.. Maynard and Sadie
Barnes, the latter files answer in
which she denies that she signed
or in any way executed said mort
gage, or that she conveyed to plain
tiff real estate or any interest there's
in. This defendant prays the court
that foreclosure of mortgage be
denied to plaintiff in SO far as this
defendants homestead and dover
interest are concerned, and that her
homestead and dover interest be
ascertained and awarded her.
Sue On Notes
The o. I. r. Corporation OF West
Virginia has filed action against the.
REQ Transportation Co., in which 1t
seeks judgment in the sum of ST.
5S1.25, which sum it is alleged ia
due on a promissory note, secured
by a certain chattel mortgage, on
one Studebaker truck and trailer.
Sale of mortgaged property is or
dered.
The Cunningham Auto Co., a
corporation, under the laws of West