Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1933-11-23
Court House News
COMMON PLEAS COURT


COMMON PL LEAS COURT
, In the partition case of Paul j.
Massey VS. Bessie l.. Hansel ct al.
leave is granted defendant to plead
in Is days.
Suit for S2,392.s5
In the action of Walter ]. Ell
liott and State Automobile Mutual
Insurance Co. VS.. H. Floyd Spilker,
defendant files amended answer and
cross petition. Defendant states that
if plaintiffs, Walter j. Elliott's
Chevrolet truck was damaged as al
legged by plaintiff, it was due to
negligence of plaintiffs agent Hav-
en- Hammond. Defendant states
that the attorneys representing
Walter J. Elliott and State Automo-
bile Insurance Co., also represented
Haven Hammond; that negotiations
were entered into between defend
ant and attorneys representing Hav-
en- Hammond and plaintiff, and set
tlement of all claims made in office
of plaintiffs council, to plaintiffs
attorney, in the sum of $1,000, and
court costs in the sum of $7.78, in
an action filed by counsel for the
plaintiffs, for Haven Hammond VS..
H. Floyd Spilker.
f. Floyd Spilker for his cross pc
tjtion against plaintiff, Elliott,
states that he (Spilker) was owner
of Mack truck; that Elliott was
the owner of Chevrolet truck;
that on Sept 27, 1880, when de-
fendants truck was descending
hill near Portersville, on route No.
ST. and when truck was nearly to
the bottom of the hill, Elliott's
truck operated by Haven Hammond,
Elliott's agent, and at a speed of
about 35 miles per hour. passed de-
fendant's truck, without giving any
signal or warning, and immediate
ly after passing, pulled back into
the line of travel, Immediately in
front of defendants auto, and de-
fendant could not avoid colliding
with Elliott's truck; that plaintiff
was negligent Because Of collision,
defendant says by reason of the
neglect, said truck was damaged in
the sum of $372.85; that it was
necessary to pay storage in the sum
of $12O; and that he lost the use OF
truck for 60 days, all to the sum of
$1,000. Defendant asks that plain
tiff's petition be dismissed, and that
he may recover a judgment on his
cross petition against plaintiff, w.
j. Elliott, in the sum Of s2,392.S5.
In the case of The Waterford Mill
& Supply Co. VS.. Victor E. Morgan
ct al, sale is confirmed, and deed
ordered. Order for distribution OF
proceeds of sale. Attorney fee TO
Emmett Abel, $35. Victor E. Nor
gan in lieu of homestead, $500.
Anna M. Manly as administrators
of the estate of James W. Manly
deceased, files suit against 1. l..
Harkins, in which judgment is ask
ed in the sum of $50 and interest,
from April /, 1880, at 10, alleged
due on a certain promissory note.
The divorce case of Ada Myrtle
Robinson VS.. Harry Robinson, is
posted for hearing Nov. %.
Divorce Granted
In the divorce case of Flora An
derson VS.. Jesse G. Anderson, di-
vorce is granted defendant Jesse
Anderson. Judge Thomas who
heard the case, has not yet an
nounced his decision as to custody
Of their child.
In the money and foreclosure
case of Tanner Starlin VS.. Marion |
Mills and the First National bank,
heard by Judge David :
H. Thomas, judgment is given
plaintiff against defendants for
$4O7.85, and interest from Oct. IL, |
1898. Foreclosure of mortgage is !
and sale of premises as
upon execution, if judgment and !
costs be not paid within five days.
Aseneth Murphy Asks Damages
Of a G
filed suit against G. M. & S. Transit, !
Inc, and David Jackson, in which |
she seeks damages in the sum of
$1,627, and costs. Plaintiff alleges
she was passenger in Buick sew
en- passenger bus June 2, 1882, |
when said bus and Chevrolet |
auto, owned and driven by David |
Jackson, collided two miles north |
Of Pennsville, in which collision I
plaintiff suffered injuries to her
body; also suffered damage to her
in the amount of $40. |
Plaintiff ayers she sustained furth-
ar pecuniary loss and damage as
follows: Medical services, $50; |
nurse bill two weeks, $40; loss of |
as practical nurse and
from June 2. 1892, to
Nov. 21, 1933-537 days, $537; |
pain and suffering and permanency
of injury, $1,000, making a total
)f $1,607.
Charged With Assault
Isaac and Addison erosion, color
ID, indicted by grand jury, charged