Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1933-09-07

The commissioners and Auditor
Gordon spent Wednesday in Ma
rietta. The commissioners will be
in session again today.
COMMON PLEAS COURT
Mandamus Action
The State of Ohio on relation of
r. p Fitch has filed suit against
the Deerfield board of education,
and Herbert Bankes. Said R. P.
Fitch is the father of Donna Jean
Fitch, aged seven, and who has
been assigned to the Triadelphia
school, which is more than two
miles from plaintiffs residence, by
travelling the nearest possible high
way Herbert Bankes is employed
by the board of. education, to oper-
ate school bus to transport children
to Triadelphia school. Relator says
bus only comes within seven-eighths
of a mile of plaintiffs residence,
and that the operator Of same
refuses to operate bus within
half mile of plaintiffs residence, as
required by law; that the board of
education of Deerfield township did
not pass resolution stipulatlng
that the transportation of his child
was necessary. Relator asks that a
writ of mandamus be issued against
defendants, reauirings Yaem to op-
crate bus within one-haf mile of
his residence. The action is posted
for hearing today.
Seeks Judgment for $288
Harry Donehoo has filed suit
against The Capitol Oil Co.. Inc, of
Pittsburgh, Pa, in which judgment
is asked in the sum of $288, for
work and labor done by him, at de-
PENDANTS special request, upon a
certain oil and gas lease, located on
the Frank Kincaid farm, Malta
township. Plaintiff states that de-
mand has been made on defendant,
but that it has refused and neg
lected to pay any part Of the same.
In the case of Wilbur Jones VS..
Rosa M. Fouts, ct al, action to set
aside deed, Rosa M. Fouts, as ad-
ministratriX of estate of Chas. Fl.
Fouts, deceased, files cross petition,
in which it is claimed there is due
the estate of Chas. HI. Fouts from
estate of Edward w. Jones, de-
ceased, the sum of $3.50 in which
amount judgment is asked against
Chas. M. Whitaker, as administra-
tor of the estate of Edward w.
Jones. By the will of the late Ed
ward w. Jones, the property was
bequeathed to his wife, and at her
death was to be equally divided
among his children. In the mean
time Wilbur Jones, son of Edward
Jones, sold his interest. it is al
legged, in his fathers estate, to the
late Chas. III. Fouts. The said Will
bur Jones recently filed suit asking
that the deed transferring his in
terest to the late Chas. III. Fouts, be
set aside, claiming it was not
legal transaction.
In the case of Harry Donehoo VS..
The Capitol Oil Co., in which judg-
ment is asked in the sum of s28S,
for labor, the Atha Supply Co. hav-
ing obtained leave of court to be
made party to said action, files cross
petition in which it seeks judgment
against the defendant, in the sum
of $1S0.47, for merchandise sold to
defendant. Said merchandise, it is
alleged was placed upon the Frank
lease in Malta township.
The c. L. Bailey Grocery Co.
files separate answer and cross pc
tition, asking for marshaling of
liens in the case of The Waterford
Mill e Supply Co., vs.. Victor e.
Morgan. Aris Morgan and the G. L.
Bailey Grocery Co. The latter in
cross petition states it recovered
Judgment against defendants Victor
E. and Aris Morgan, in the sum of
$375.4S, which is wholly unpaid:
Victor E. Morgan is seized of an
equity of redemption in real estate,
about 40 acres in Center township,
against which premises the plaintiff
The Waterford Mill &c Supply Co.
claims to hold mechanics lien,
and defendant Ralph Scott claims to