Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1932-01-14
Court House News
COMMON PLEAS COURT
Decree Set Aside

the action plaintiff was decreeo III
vorce also alimony in the sum OF
s150. and was awarded CUSTODY ol
minor child. Motion to set ASIDE OF
modifv courts finding, was heard
Friday by Judge Weber, who sus-
tanned the motion, and decree lot
divorce, also award OF CUSTODY o.
cb;la were set aside. Action mas
been filed in Muskingum county
nrohata court. asking custody OF
child.
Divorce Action Dismissed
The divorce and alimony case OF
Eva Fave Bell VS.. Robert Bell, mas
heen dismissed without prejudice at
cost of plaintiff.
In the partition case of Mary v.
Camnhel VS.. Charles C. Campbell e.
al. report of sheriff and OF the COM
missioners, together with thelr re-
t1rn showing an appraisement OF
the premises, confirmed.
The case of The State OF Ohio vs.
naI,as Turner. for transporting, has
been dismissed.
suit Against Deerfield Board of
Education
C. e. Nelson as taxpayer mes
suit in behalf of the DeerneiG
township rural school dlstrlc'
AGAINST school board. Plaintiff says
that Sept. 12, 1881, said boaro
adopted it's resolution for issuance
of bonds in sum of $20,00O.OO for
nurpose of erecting new consoll-
dated grade school building. Res
oIution was voted upon at election
Nov. Plaintiff AYERS that notice
of adoption of resolution and the
election sought toI be held thereof
was not published according 10
law. but plaintiff AYERS that an ad-
vertisement was made, and result
was purported to be declared in ia
vor of the proposition; and that
said board adopted it's certain reso-
luton, undertook to and did adopt
it's certain resolution, offering Tor
sale its bonds. Suit is brought to
restrain by order of court from the
issuance and sale of bonds in the
sum Of s20,00O.O0 for the purpose
of erecting new grade schoo!
building. Plaintiff states in petl-
ton that the Deerfield township
board of education is threatening,
to. and will unless restrained by
the court, proceed to offer for sale
and sell. said bonds. Plaintiff fur
ther states that the issuance and
sale of said bonds would impose
upon the taxpayers of said school
district heavy and exorbitant bur
den of taxes, on paying the interest
upon said bonds Plaintiff says that
taxpayers of said district will suffer
damages unless defendant is re-
strained from carrying into effect
it's resolution for issuance of bonds.
Petition states that he as taxpayer
requested the prosecuting attorney
to bring this action, but said prose-
cutting attorney has refused so to
do. Temporary restraining order
is issued. Bond, 500.
Grand Jury Reports
After having been in session two
days, the grand jury reported We'd
nesday evening The report shows
that % witnesses were examined,
covering 10 cases, and presented
bills and ignored two. Six indict-
ments have been made public as
follows: Lewis Wilson, larceny and
receiving stolen property (tools
from highway department) Guv1e
Coins, Enoch Styers and Otty Maybe,
each on three counts, grand larceny
stealing 48 chickens from Mary
Hambel; burglary and larceny, 60
chickens from Leonard Smith; and
larceny-12 turkeys, Mahlan Par
sons. Earle Norris was indicted for
assault with intent to rape Jennie
McAngues of Deerfeld township;
and John M. Beard for obstructing
a public highway.
In the case of J. j. Evans VS.. Helen
Berry, minor, ct al for equitable
relief and vacation of affidavit for
transfer and record of real estate
Inherited, the demurrer of defendant
Anna Berry Mcdaniel, is sustained
as to the first, fourth and fifth
branches, each and severally; plain
tiff excerpts leave to plaintiff to
further plead on or before Jan. 80.
Seeks Foreclosure
The Citizens Bank of Beverly
files suit against Nellie Stiers, w L.
Stiers, j. T. Malcomb, and Adeline
Malcomb, for foreclosure Of mort
gage and equitable relief. Plain
tiff in petition states there is due it
from defendants $3,248, with inter
est, alleged due on a promissory
note Said note is secured by a
mortgage deed on 96 acres situated
in Center township. Plaintiff says
that defendants w. l.. and Nellie
Stiers sold and conveyed unto de-
PENDANTS J. E Malcomb and Ade-
line Malcomb, the said premises;
that by terms of said conveyance
defendants j. K. and Adeline NAL
comb as part of consideration for
said conveyance accepted the deed
therefore subject to the mortgage
of the plaintiff Petition states that
the claim of plaintiff on said NOR
gage is a superior claim to rights of
defendants j. e. and Adeline NAL
comb, who purchased and entered
into possession of said premises
with full knowledge by way of rec
ord of mortgage and information
furnished by deed of conveyance to
them and otherwise; that the claim.
of plaintiff is superior to that of de
PENDANTS J. e. and Adeline Mall
comb, and is entitled to have mort