Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1934-09-13
Court House News
COMMON PLEAS COURT
Jurors Chosen

ter; ]. T. Murphy, Manchester;
John Ray, Marion; Elmer Spence,
Roy Gay, Carl Warne, Hugh Dona-
hue. Morgan; Fred Mendenhall,
Penn; N. c. Whitelock, Emmett
Miller, Malta; c. w. Dewitt, Wind
sor.
Petit jurors: Delmer Fitch, How
ard McCutcheon, P. A. Van Horn,
Union; Jennie Downing, A. B. Will
son, w. A. Argo, Bristol; J. G.
Barker, York; Montford Roberts,
Malta; Harley Coulson, Ralph
Barnes, Pearl Hambel, Floyd Ball,
Windsor; Flora Henor. Meigsville;
John Scott, Morgan; Frank Davis,
Ethel Boal, George Barrell, Malta;
Hattie Nolan, Marion.
Hearing On Motion
In the case of Donald M. Cold
smith-National Cash Register Co.,
VS.. B. c. Patterson and C. L. Lind
say, hearing on motion will be
Monday, Sept. IT.
ASKS Dismissal OF Action
In the case of Asenath Murphy,
Pennsyille, VS. C. M. & S. Transit,
Inc, and David Jackson, defendant
moves the court to quash the SER
vices and dismiss the action, upon
the grounds that the court has no
jurisdiction as to the cause Of ac-
ton recited in petition.
Seeks 60 2cl Judoment
Dulmage & Dulmage, real estate
brokers of GAINESVILLE, have brought
suit against Williams Brothers Penn
township, in which judgment is ask
ed on two causes of action, one in
the sum of $1,000 with interest
from November, 1880, and the 9TH
er 1925, with interest from Aug. L,
1881, in all for the sum Of $9,825.
Petition states plaintiffs are en-
gagged in the business of buying,
selling and exchanging gas and oil
leases,-that j. E. Harrison was
agent and acting for plaintiffs in
various avenues within scope of
their partnerships. Plaintiffs state
July s, 1890. while said Harrison
was employed by plaintiffs, defend
ants entered into written contract
with him to sell certain gas proper
ties situated in Morgan county, and
listed same for sale with said
agents, in the sum of $20O,000 and
agreed to pay as commission 5%, if
sold within reasonable time Plain
tiffs state that on Nov. 1, 1880,
they sold lease to Z. W. Mitchell Of
New York City, who entered into
written contract to-. purchase same
for 100000, and as part of the
purchase price paid defendants
SO. 0.000 and it is alleged in peti-
tion that said employment of plain
tiff was fully completed, and said
commission was then due and ow-
ing. Defendants paid on said COM
mission $500, and there is yet due
and owing to plaintiff from defend
ants the sum of $1,000. For sec
ond cause of action said partner
ship, with Harrison as agent, on
July Is, 1881, advised defendants
that he had purchaser for certain
other gas leases, situated in Morgan
county, and asked permission to sell
the same; and on July 81 1881, de-
PENDANTS authorized plaintiff to OBJ
tain purchaser and sell same, and if
purchaser was obtained they were
to have 1919 on the sale price, to-
Yryit hn+
ants clandestinely sold, and closed
the contract to plaintiffs prospect,
and refused to pay plaintiffs com.
mission or any part thereof, and all
aver is 1925.
In the money only case of Debbie
Wilson VS.. Homer and AIDA Law
renee, executors of III. d. Lawrence
estate, demurrer to defense set up
in defendants amended answer to
plaintiffs first cause Of action, is
overruled. Plaintiff excerpts.
In the case of Russell Nelson vs.
Harley Maxwell, defendant in an
swer to plaintiffs petition denies he
is indebted to plaintiff in the sum
of $18.82, or in any other amount.
In the foreclosure case of C. E..
Northrup VS.. Errville Shriver ct al,
journal entry of July IL, 1894, is
corrected to read: 1.-THE residue of
said sum, the sheriff is ordered to
pay one-half to said Errville Shriv-
er, and one-half to r. M. Wine
gardner as administrator Of the es-
tate of Velma Shriver, deceased"
In the bankruptcy case of Evelyn
M. Phillips, bankrupt, cause heard
upon motion of Katherine B. Nc
Bride, administrative of estate of
w. III. Phillips, court finds proceed
ings to foreclose mortgage due to
estate of w. H. Phillips is pending
in court, and that a restraining or
der has been made in cause prevent
ing further procedure under said
foreclosure proceeding. The court
also finds that there is apparently
no equity in property. Leave is
granted to administratrix to pro-
ceed with said foreclosure proceed
ings to conclusion.
Continued on page five)
1t is stated that the Athens coun-
ty fair this year will show a profit