Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1935-06-13
Court House News
COMMON PLEAS COURT
Assignments

by Fred Roberts, her next friend,
VS.. J. G. Hickerson as administra-
tor of estate of Radford Hickerson,
deceased. Other assignments (all
jury cases) posted, are:
June 24-25, Kenneth Davis VS..
Marietta Concrete Corporation
(money).
June 26-State of Ohio vs. Ira A.
Barth, neglect to provide for child.
June &c. D. Mosher VS.. N. B.
Hawkins, regarding promissory
note.
Ask To Transfer Funds
Four suits are filed asking for
transfer Of funds.
The village of Malta asks for
transfer of funds, $500, from gaso-
line tax fund to general fund, to
meet expenses of construction of
sanitary sewer.
Center township trustees ask for
transfer of $425 from road and
bridge fund, to general fund, to
meet certain salaries.
Morgan township trustees ask to
transfer $4,000 from road and
bridge fund, to the general fund, to
pay salaries.
Union township trustees ask that
there be transferred from road and
bridge fund, $3.50, to the general
fund, to pay salaries of trustees.
Alleges Code Violation
The State of Ohio by Carlos M.
Riecker, prosecuting attorney, upon
specific direction of the attorney
general of Ohio, brings suit against
Glenn and Alven Parsons (Parsons
Bros.) Chesterhill, o., in an ac-
tion for injunction and equitable
relief, arising from alleged violation
of the National Industrial Recov-
cry Act, the Ohio Recovery Act in
aid thereof and the code of fair
competition for the Bituminous Coal
Industry. Petition states the price
schedule for 2" lump coal produced
from strip mines in Morgan county,
shall be $3.50 per ton, F. o. B. The
code states the expense of admin
istering code shall be borne by
those subject to such authority,
each paying his proportionate share
as assessed, computed on a tonnage
basis. Plaintiffs say defendants on
Dec. Z, 1884, sold to Walter Elliott
721a bushels 2' lump coal at &c per
bushel, and on the same day de-
PENDANTS sold to Ray Stollar, 721a
bushels of 20 lump, for which Stol-
lar paid s4.2O, being charged by
the defendants for only 70 bushels
at rate of &c per bushel. Petition
states defendants have refused to
pay their assessments toward ad
ministering code as assessed by
them. Plaintiff says violations of
code on part of defendants have re-
suited and will continue to result
in irreparable ds1sc ge to other
members of said coal industry, and
unless the acts complained of are
restrained and enjoined, the public
will suffer by reason thereof.
Judgment by Default
In the money only case of Frank
Harrison VS.. The Birmingham Oil &
Gas Co., an Ohio corporation, the
cause having been specially assign
ed for trial last Friday, defendant
not appearing, a judgment is enter
ed as upon default and is rendered
against defendant for 1927 and
costs, and execution is awarded.
Temporary Alimony
Temporary alimony is allowed in
the sum of $25 in the divorce and
alimony action of Virnell G. Hen
dershot VS.. Myron P. Hendershot.
The injunction case of G.. o. Nc
Gonagle ct al VS.. board of educa-
ton, Bristol township, set for trial
June "a, has been postponed, and
in it's place is assigned the case Of
G. D. Mosher VS.. n. H. Hawkins, ac-
ton on promissory note.
In the case of Harry Briggs, as
receiver Of the Citizens National
bank, Caldwell, VS.. H. HI. ChoguilI
and Goldie M. Choguill, Ina Dewitt
and Ellis Motor Sales Co., defend
ant Goldie M. Choguill files answer,
in which she admits that the sum of
$1,597.72 is the correct balance
due on said judgment. This an
swering defendant further says she
is owner of an undivided one-half of
the second tract described in the pc
tition and ayers that she is entitled
to an inchoate dover to the interest
of defendant HI. III. Choguill. This
defendant joins in the prayer of the
petition for marshaling the various
liens.
Cases Postponed
The assignment posted for hear
ing cases, as published last week,
has been postponed, due to the fact
that the court stenographer could
not be present at that time.
In the case of Bessie e. Murray
VS.. the village of McConnelsville,
damages, motion to quash summons
overruled. Motion of plaintiff to
amend the return of the sheriff,
sustained. Leave is granted de-
fendant to answer in Is days.
In the action for money-case of
the National Cash Register Co. VS..
Besse c. Patterson and G. L. Lind
say, demurrer of plaintiff to an
swer of G. L. Lindsay, sustained
Defendant c. L. Lindsay excerpts.
In the money damages case of
Anna j. Coleman VS.. Louis Adrean
and Curtis Swallow, motion to
quash services of summons, sus-
tained. Plaintiff excerpts.
PROBATE COURT
The will of Caroline Weaver, late
of Deerfeld township, is admitted
to probate. With the exceptions of
some household goods to her neph-
ews, Ernest G. Weaver, Emmett G.
Weaver and Kermit w. Weaver, the
rest of property is willed to deceas-
eds brother, Noah f. Weaver, who
is named in will as executor, with
the request that no bond be requir-
ed; also that there be no appraise-
ment of her household goods. The
will was executed Nov. 20, 1888.
and was witnessed by l.. j. Weber
and Mary Louise Fox. The said