Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1933-03-02
Court House News
COMMON PLEAS COURT

Court House News
COMMON PLEAS COURT
In case of c. I. r. Corporation
VS.. REQ Transportation Co., for
money only, on motion of plaintiff,
action is dismissed without preju-
dice at costs of plaintiff.
Motion to quash service is sus-
tanned in the $4,000 damage case Of
Orin w. Abel ct al. VS.. Bowman Oil
& Gas Co.
To Contest Will
William Barkhurst and others
have filed action against Leota
Sands ct al, to break purported will
OF Charles M. Barkhurst, bearing
date Of Dec. 3, 1881, which has
been admitted to probate.
Files Reply
In the action of s. e. Bone, for
merly doing business as Bone Mill
ing Co.. vs.. Rocky Glen sanatorium,
plaintiff files answer. Plaintiff
states that it was his custom at all
times to credit payments made on
account by various debtors, on the
very days that such payments were
received by him; and he AYERS that
each and every payment made by
this defendant was credited on said
defendants account on the day 1t
was received. that credits were ap-
piled ON account as whole and not
on any particular item, for the rea-
son that defendant never specified
as to how any of such payments
were to be applied, and because
several OF the payments made did
not correspond to any particular
item or group of items purchased
by defendant. Plaintiff also denies
that it was defendants custom to
pay In each calendar month for all
merchandise and goods purchased
the preceding calendar month; and
plaintiff AYERS that on the contrary
defendant made 1t a practice to pay
during calendar month for only
part of the merchandise purchased
during preceding calendar month;
and plaintiff states that it was due
to this very practice of defendant
in making partial payments on
account statements render
ed, that debts eventually exceeded
credits. Plaintiff denies that the
account for each month was closed
as claimed by defendant.
In the attachment case of John L.
Smith VS.. Geo. B. Hazelett and G..
M. Wells, attached property was
sold Monday to John L. Smith, the
highest bidder, for the sum Of Sill.
The property was sold to satisfy a
claim which was in the sum OF
$189.O5.
Case Dismissed
The $2,5O0 damage case of Orin
We Abel ct al, vs. Bowman Oil &
Gas Co., has been dismissed without
prejudice, at cost of plaintiff.
Demurrer and Memorandum Filed
In the case Of Ann X. Shafer vs..
VIM. F. Buchanan for damages, de-
fendant files demurrer and memoir
andum, in which he claims that
abutting property owner is not
liable for injury from defective
sidewalks, if the city must keep
same in repair, rebuild or construct
same. Defendant claims in the
case in question defendant was not
sidewalk for his own ben
eft, but for the benefit of the pub
lie and village and in all probable
ity the village Of McConnelsville is
liable for any negligence and injury
sustained thereby; that in the mere
of sidewalk by abutting
owner there is no liability on part
of the lot owner.
Alleged Breach Of Covenant
C. w. Newton and Rosa B. New
ton have filed action against War
rem and Flora J. Burns, in which
is asked in the sum Of
$500 for alleged breach of oil and
gas lease contract.
PROBATE COURT
The estate of Nancy Power, de-
ceased, is not subject to inheritance
tax. Value of estate is $1,270.. Al
ice Power, daughter, is the only
heir at law.
Corintha Whipple, guardian Of
Dorothy Cosgrave, minor, files
first partial account.
In the matter of the guardianship
of Lucille Morris. minor, Grace
Riley, guardian, files first partial
account.
Third and final account of Rosa
M. Fouts, administrative of estate
of Chas. H. Fouts, deceased, is filed.
Second and final account is filed
by Orin w. Abel, as administrator
of the estate of D. M. Abel deceas-
ed.
Sophie T. Brooks is, appointed
guardian of Thurston Duncan, Esta
Duncan Smith, Alma, Lois, and
Betty Louise Duncan, minors. Bond.
$4,000.
In the matter of the estate Of An
drew D. Forsyth, deceased, inven-
tory is filed. Hearing date on same
is March %.
Manita BOZman Is appointed an
ministrator of estate of Fred Poz-
man, deceased. Bond, $4,000. Ap-
praisers: H. R. Bozman, Harold Nc
Farren and B. F. Wells. Estimated
value of estate is $4,000 personal
property, and $1,000 real estate.
Application for Guardian
John B. Conner has filed applica-
ton for the appointment of a guar
dian for Oracle B. Conner. an In
sane person, who is in the Athens
state hospital.
Marriage Licenses