Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1932-01-21
Court House News
COMMON PLEAS COURT
Suit for Partition


Lawrence Eveland as plaintiff has
fled suit for partition, against
Earle Eyeland and ten others, who
are defendants, in which plalntiH
asks for the one-siXth interest IN
the property of the late Daniel W..
Eveland, situated in Eagleport.
John H. and Anna M. Crew have
filed suit against the county treas
urer, auditor and county commls-
sioners, in which they ask the court
for a temporary restraining order,
to prevent the defendant, county
treasurer, from collecting or at
tempting to collect road assess
ment. Petition states that plain
tiffs are owners of certain lands in
Penn township, abutting Sec. K on
road No. IT. Petition says that
in the improvement of said road un-
der direction of state highway de-
partment, the state assumed so per-
cent Of costs and expenses; the
county assumed 25 percent; and
trustees Is percent, excluding costs
of bridges and culverts in and
through Penn township, and the
remaining 10 percent of costs were
assessed upon the lands and abut-
ting land owners within Sec. X.
Plaintiffs say that the 10 percent
assessment is excessive, unwarrant-
ed and confiscatory and wholly iE
excess of benefits ACQUIRING to abut
ting land owners; that such as
sessment is illegal and constitutes
the taking of property without due
process of law. Plaintiff also states
they have paid part of said assess
ment and there is a balance due of
$304.66 Plaintiffs say that on the
tax duplicate in the hands of the
treasurer, plaintiffs are charged
with payment of certain current
taxes upon their real estate, and
also with certain installments of
said road assessment; that the
treasurer refuses to accept from
plaintiffs any taxes unless said road
easements are also paid, and prop
erty will be returned delinquent for
non-payment of taxes, and will be
assessed with the penalty provided
by law for such non-payment. Upor
final hearing the plaintiffs ask that
premises may be discharged from
any and all assessments
Assignments
The following jury cases have
been posted for hearing:
To Uny ar.
VS.. Rosa D. Wilson Brown, money
only.
Jan. 27-State of Ohio VS.. Earl
Norris, assault with intent to rape.
Jan. 28-John E. Horch VS.. w. E.
Dutton, money and damages.
In the case of Glen Parsons VS..
Leonard Wallace and Mamie E.
Wallace, money only, in which
plaintiff was awarded Judgment in
the sum of $164.60, sale is con-
frmed and deed and distribution
ordered The costs in the case to-
tai $86.63.
In the recover money" case of
The Citizens National bank, Zanes |
vile VS.. Board of Education of
York township, leave is granted |
The Royal Indemnity Co., to be- |
come defendant and to plead in Is |
days
The injunction case of George |
Davis ct al VS.. Meigsville township |
board of education has been dis !
missed at cost of plaintiff.
Earl Norris who was indicted by
the last grand jury on the charge of |
assault with intent to rape, when |
arraigned Monday before Judge |
Weber, entered plea of not guilty.
Suit for Foreclosure
Dorothy l.. Fitch has filed suit
agains Henry B. and Lillian Boil
ner in which judgment is asked in
the sum of $4,373.85, with interest
since May 26, 1881. The said
is alleged due on prom
issory note, which is secured by
deed on about 140 acres
in Deerfield township. Plaintiff
states that mortgage provides that
upon default of any one payment,
all of said note became due and
payable at once. Plaintiff asks that
a receiver be appointed to take i'm
mediate possession and charge of
may be sold and the proceeds ap-
piled to the payment of said claim
and for all other relief that she
may be justly and equitably en-
titled to and costs of this suit
Answer Filed
In the case of G.. Il. Nelson VS..
The Board of Education of Deer
field township, defendant files an
swer in which denial is made of
certain allegations in plaintiffs pc
tition. Defendant asks the court
for a finding that the said election
on Nov. 3, 1881 was valid elec-
tion, in so far as the authorization
of the issuance of bonds is con-
and asks that the plaintiffs
petition be dismissed and for such
other relief as is just and equitable.
Amended Petition Filed
In the case of The State of Ohio
ex rel, e. d. Kuntz, VS.. Auditor
amended petition is filed.
Petition states that the Board of
Education of Morgan county issued
an order for payment to plaintiff in
the sum of $56.44, on behalf of the
township board of edu-
cation. and was issued for the pur-
pose Of paying for services render
ed during school year 1929-30 for
said E. d. Kuntz'
daughter Alice Pearl Kuntz to the
Cu m hprland high Schnnl from the