Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1935-10-24
Court House News
COMMON PLEAS COURT

COMMON PLEAS COURT
On Friday, Oct. rs, will be heard
the case of Della Trott VS.. Richard
Trott, for divorce, alimony and
equitable relief.
Demurrer is filed in the case of
Taylor F. Fain VS.. Mary Simpson,
by defendant, on grounds that the
facts therein contained are not suf-
ficient to constitute cause of ac-
tion in favor of plaintiff against the
defendant.
Murray Damage Case Settled
The damage case of Bessie Muir
ray VS.. the Village of McConnels-
Vile, which was to have been heard
this week, was settled out of court,
Monday. In the settlement Mrs
Murray received $780, and all costs
in the action were adjudged against
the defendant In this action the
plaintiff sustained fracture of her
leg when she stepped, more than
year ago, into an open window in
the alley between the Durbin build
ing and the Carleton property. Suit
was brought to recover damages,
which was asked for in the amount
Of $4,000.
Will Stands
The case of Anna c. Bishop and
Margaret F. Henery VS.. Leonard H.
Mott, ct al, action to set aside will
of Elizabeth Vaughn, late of Wind
sor township, was heard last Thurs
day, Friday and Saturday, with
Judge Lyme on the bench. The jury
returned a verdict for defendant.
Plaintiffs to pay costs. Leonard
H. Mott is the beneficiary under the
will, and was named in the will by
Mrs Vaughn as executor. Plaintiffs
file motion for a new trial.
In the delinquent tax foreclosure
case of Lionel G.. Roberts, county
treasurer, VS.. Della Faires, deceas-
ed, ct al, property situated in Ho-
mer township, was sold to C. c..
Duncan for $50.
Divorce Action Filed
Blanche Clifton files suit for di-
vorce against Graydon A. Clifton.
The Waterford Mill and Supply Co.
is also made party defendant. Pc
tition states that they were married
Jan. 10, 1927, and have one child,
five years old The grounds upon
which Mrs. Clifton asks divorce is
extreme cruelty, and she names a
number of incidents to substantiate
her claim, stating that the defend
ant slapped her, caught her by the
throat; that at divers times he in an
angry manner ordered her to leave;
that he has knocked aher down with
his fist. Plaintiff states defendant
is of a surly, i'll tempered disposi-
tion; that it was impossible to
please him; that he called her vile
and indecent names, and for the last
two years he drank to excess. Pc
tition states that long prior to De-
cember, 1894, defendant was de-
sirous of opening home and beer
parlOr, and property s~s IS purchased,
and comfortable building erected
thereon at Rokeby Lock- and par
ties moved into it and the beer par
lor was opened about Dec. %, 1894;
that defendant was then and for a
long time prior thereto, and is now
employed at the Ohio Power Co.
plant, Philo, and she understands
he has been receiving Csc per hour
for eight hour day, and since beer
garden was erected he continued to
work there, and that plaintiff work.
ed hard and tried to run the beer
garden to the best interests of de-
fendant. She states that she cash
ed her life insurance, amounting to
1929, which was turned in for pay
ment of bills; that Notwithstanding
her efforts defendant would fire.
quently come home in the evening
somewhat under the influence of
liquor and would find fault with
plaintiff, and curse and abuse her in
the presence of friends, to her very
great humiliation and distress.
Plaintiff states that because of de-
fendant's treatment of her, she was
obliged to leave him July 16, 1895,
and has since remained separate
and apart, and since that date she
has been obliged to support her
self. Plaintiff states that defendant
is owner Of 1.65 acres at Rokeby
Lock; that he procured the Water
ford Mill and Supply company to
erect a building thereon, and that
she Joined with defendant in a
mortgage to said Waterford Mill
and Supply company, on which pay
ments were to be made $40 per
month. Plaintiff states that she
does not know how much of said
note remains unpaid, and states the
property is well worth $1,000.
Plaintiff asks for divorce, alimony,
custody of child, and that she be de-
creed 1929 she furnished and which
went into business, and that she be
released from any and all liability
under note and mortgage to the
Waterford Mill and Supply Co.
Application To Vacate Judgment
In the case of the Union Joint
Stock Land Bank of Detroit, VS..
Enoch F. Mcpherson, ct al, judg-
ment is vacated and petition dis
missed without prejudice and with
out record, at plaintiffs costs. Dur
ing the April term judgment was
rendered defendants in the sum of
$5,053.49, and it was decreed that
in default of payment a sale be had
of premises, to satisfy judgment. In
the meantime parties interested in
this cause have gathered in suffi-
cient funds to permit reinstatement
of the obligations due plaintiff.
COnfesses Judgment
In the case of j. F. Dougan, as
executor of the will of Esther L..
Payne, deceased, VS.. H. H. and Col
die Choguill, and the case of same
plaintiff VS.. HI. H. Choguill, both for
money only, which were set for
trial Wednesday and Thursday of
this week, before going to trial de-
PENDANTS confessed judgments, the
former for $2,009.5O; the latter
for $1,725, and for costs in both
cases.
The delinquent tax case of Lionel
G. Roberts, county treasurer, VS..