THE ENQUIRER, CINCINNATI, TUESDAY, MAY 3, 1921
News Of The Courts
scans from newspaper collection of
Ruth Adams-Battle
 
transcribed by Tina Hursh

NEWS OF THE COURTS

 Seeking to recover judgment for $1,750 from George T. ALTER, Hotel Honing, promoter, Gilbert GLOVER filed suit in Common Pleas Court yesterday, through Attorney Robert S. ALCORN.  GLOVER says taht tlast October ALTER represented to him that he was financing a $10,000 company to extract oil from shale, and, GLOVER alleges, ALTER falsely represented to him that Lester N. SEAMAN and Raymond J. GREER each had invested $1,000 in the venture.
 Glover says ALTER told him the money was to be used with other money to finance the American Oil Shale Products Company, to be incorporated with a capital of $10,000 in common stock, and $10,000 in twenty-year gold bonds.  GLOVER alleges he was to have received $2,5000 in common stock, and $5,000 in gold bonds for his investment, and an agreement he held in writing provided for him transfering his stock and gold bonds for 25 per cent of the 45 per cent of the stock of the large company which will take over this small company.
 GLOBER now charges he never received any stock or gold bonds in any company organized by ALTER.
 ALTER denies all the allegations and declares he is ready to go through with all his propositions.

 Julian R. FORNEY, with the legal department of the Big Four Railroad, filed suit in Common Pleas Court yesterday against Frank J. JONES, Alfred B. BENEDICT, Joseph WILBY, John W. WARRINGTON, Rufus B. SMITH, Sanford BROWN, Robert W. HILTON, Erwin O. STRAEHLEY, Emil POLLACK, Edward H. ERNST and Alfred MACK as the Board of Trustees of the Cincinnati College, which conducted the law school before it was taken over by the University of Cincinnati.
 FORNEY seeks to compel the trustees to provide a fourth year night class in law, so that he can attend it and obtain his L.L.B. degree.  He declares that when he entered the night school he was given to understand he could take the four years' course and get his degree at evening sessions, but the Trustees discountinued the night school for the fourth year and decreed that the final year must be taken in the daytime with the regular day classes.  FORNEY completed his third year in 1919, but was unable to attend the day classes because of his employment, and, therefore, he says, he has been prevented from accuring his degree.  FORNEY sues through Attorney Robert S. ALCORN.
 A former suit along the same lines, which was directed against the Trustees of the University of Cincinnati, was dropped because it was found taht the night school was under the jusrisdiction of the Trustees of the old Cincinnati College.
 When the order was promulgated doing away with the night school it was inteded to drop both the third and fourth year classes, but the protest was so great that only the fourth year was dropped.

 Seeking to straighten out the marital tangles into which they were placed, when, it is alleged, a Kentucky attorney gave them each bogus divorce decrees, Mrs. Stella CASSADAY, 825 West Seventh street, and her daughter, Mary TONEY, same address, both filed suits for divorce in Common Pleas Court Division of Domestic Relations yesterday, through Attorney Julius HOLZBERG.
 Mrs. CASSADAY sues for a divorce from William CASSADAY, to whom she was married January 6, 1917, alleging neglect and cruelty, and Mrs. TONEY seeks to be divorced from Nicholas TONEY, to whom she was married in Decmeber, 1917.  She also charges neglect and cruelty.  After they had received the bogus divorce decrees Mrs. TONEY was married to Samuel MITSOFF, and the suit for divorce she files will permit this mixup to be strightened out.

 Mrs. Anna SCHWEMLEIN, mother of Anna SCHWEMLEIN, who was shot and killed by Orville THOMPSON, her would-be sweetheart, May 13, 1914, at the office of I.N. Price & Co., West Sixth street commission merchants, where both were employed, will receive the balance of the $1,560 awarded to her by the Ohio Industrial Commission, from the Workmen's Compensation fund, under a decision handed down by Court of Appeals yesterday.
 After he daughter was killed Mrs. SCHWEMLEIN applied for compensation, and was awarded $1,560 at $5 a week.  This was paid until November19, 1918, when the Industrial Commision, acting under a ruling of the Ohio Supreme Court that to benefit under this insurance "an injury must not only occur within the course of employment, but must also arise out of it." refused to make further payments.  Mrs. SCHWEMLEIN then sued in Common Pleas Court for a blance of $647,69 due her on the award.
 Common Pleas Court held in favor of the Industrial Commission, but the Court of Appeals reverses this, holding that as the commission passed upon the matter and made the award, the award when once made vested in the dependent, and the commission had no power to abate it.

 After George PRINZBACH bought the drugstore and took a lease on the building at 2473 and 2475 Eastern avenue, from Otto BETZ, the city decided to improve Eastern avenue, and Building Commissioner George E. HAUSER condemned the building and ordered it torn down.  PRINZBACH sued, and after a hearing before Superior Judge R.S. MARX the Court handed down a decision enjoinging the tearing down of the building, findign that the part occupied by PRINZBACH was in good condition.
 The case was teken to Court of Appeals, which handed down a decidion yesterday, finding that the part of the judgment enjoining BETZ and the Building Commissioner from taking any steps to demolish the building was without authority, but orders and injunction preventing the Building Commissioner or the city from enforcing the order of dondemnation against that part held by PRINZBACH on lease.
 Attorneys GALVIN & BAUER and POGUE, HOFFHEIMER & POGUE represented PRINZBACH; Attorneys DINSMORE & SHOHL appeared for BETZ, and City Solicitors Saul ZIELONK, Dennis J. RYAN and Clifford F. CORDES for the city.

 Common Pleas Judge John A. CALDWELL yesterday ordered Chalres M. LESLIE, receiver of the Interurban Railway and Terminal Company, to make an adjustment with the Cincinnati Traction Company of their opposing claims.  The receiver had issued certificates to the traction company to the amount of $40,000, and the traction company took over the line between Norwood and the north line of the Cincinnati city limits, throught Pleasant Ridge and Kennedy Heights, which offset the indebtedness.
 An arbitratiion of the amount owed by the Cincinnati Traction Company to the receiver fixed it at $68,156.25, and in additon to this there was anopen account amounting to $24,558.38, making a total of $92,714.63, against which there was a balance due the traction company, from the receiver, of $51,174.52.
 This made a balance of $41,540.11 due the receiver, out of which he has to take up his certificates, to the amount of $36,540.11, leaving a blance of just $5,000 cash the traction company must pay to close the transaction company must pay to close the transaction.  Attorneys DINSMORE, SHOHL & SAWYER represent the receiver.

 Stanley J. ULMER, 19 years old, 226 West Fourteenth street, son of Charles F. ULMER, filed suit in Superior Court yesterday through Attorneys CONOLLY and BRADLEY, seeking to annul his marriage to Ellen HARRIS, 17 years old, 2127 West Eighth street, actress.  He says that without the consent of their parents, both being minors, they went to Newport, Ky., February 7 ast and were married.

 Edward EPRIAM, organizer for the Columbian Fraternal Association, filed two suits in Common Pleas Court yesterday, through Attorneys C.W. BURDSALL and A.J. ROWE, on eof which is against the association, and the other against Eugene COSTET, its Superintendent.  From COSTET he demands $15,000 damages, alleging that COSTET made slanderous statement regarding him during last November and December.  His suit against the association is for $500,48, being a balance he declares is due him for acting as Secretary of the Cincinnati Council of the association, since 19--.  He claims $50 a year and acknowledges receipt of $114.52.

 B.F. DAVIDSON applied to Probate Judge William H. LUEDERS yesterday for an order directing the Citizens' National Bank, as administrator of the estate of John M. ANDERSON, late broker, whose business, ANDERSON & POWELL, was found to be practically insolvent, to turn over to him 11 shares of PUre Oil Company stock.  DAVIDSON says the stock was sent to him, through ANDERSON, as a stock dividend.  The stock was issued in his name and was not indorsed or assigned by him, but merely was in ANDERSON's possession for delivery to him.  DAVIDSON says, but he declares the bank, as admisistrator, refuses to turn it over to him.

 Frank HATCH, one of three indicted for blowing the safe of the Federal bowling alleys, 52 Main street, February 22 last, was convicted of forcing entrance to a safe, when tried before Judge Thomas H. DARBY and a jury in Criminal Division yesterday, Assistant Prosecuting Attorney Louis SCHNEIDER represented the state.

 Holding that the trial Court erred in refusing to give a special charge, Court of Appeals yesterday set aside the $8,000 judgment by Superior Court in favor of Bertha Ernst agains the city of Cincinnati.  She sued for $25,000 damages for injuries she sustained in a fall upon a defective sidewalk at Twelfth and Republic streets April 8, 1919.
 The defense sought to have a special charge given to the effect that if the unsafe and dangerous condition of the sidewalk was "obvious, apparent and visible," and she easily could have avoided it, a verdict for the defense should be returned.  This was refused, and a verdict for $8,000 followed.  Court of Appeals now holds this charge should have been given.  Attorneys Burch & Peters and S. Geismar represented the plaintiff, and Assistant Solicitor O.M. Dock the city.

Passing upon it from the bench Court of Appeals yesterday dismissed the writ of mandamus sought by Dr. John D. Miller to compel Municipal Judge B.C. Fox to ceritify a bill of exceptions in his suit against Willis W. Hanes, for a professional fee.

Mrs. Philipbena Ritter Dumont, 1213 Harrison Avenue, suing in Common Pleas Court through Attorney Edward C. Hauer, is seeking to set aside the will of her father, Philip J. Ritter, former preserve manufacturer, who died April 15, 1920.  It is alleged that when Ritter's safe deposit box was opened only a codicil to his original will was found, and this was probated.  It named his son, Adam Ritter as executor.  The estate was estimated at $30,000.

Suing the Park Board and the City of Cincinnati, the Karl Kiefer Machine Company, through Attorneys Freiberg and Geoghegan, is demand-$2,500 damages and an injunction compelling the removal of certain walls and fills adjoining the Third Street Reservoir Park, which, it alleges, are slipping down upon its property on Martin street.  The company alleges that the fills and retaining walls are in a defective and dangerous condition, and now are threatening its building.

 179,026.  Gilbert Glover vs. George T. Alter.  For $1,750 on notes.  Robert Alcorn.
 178,027.  Julian R. Forney vs. Frank J. Jones et al.  For an injunction.  Robert S. Alcorn.
 178,028.  Mary Toney vs. Nich.  Toney.  For divorce.  John Holzberg.
 178,129.  Stella S. Cassaday vs. William Cassaday.  For divorce.  Julius Holzberg.
 178,030.  Cincinnati Abattoir Company vs. James C. Davis agent.  For $264.63 as damages.  William & Ragland.
 178,031.  Cincinnati Abattoir Comapny vs. James C. Davis, agent. For $805.64.  Williams & Ragland.
 178.032.  Cincinnati Abattoir Company vs. James C. Davis, agent.  For $764. 33.  Williams $ Ragland.
 178.033.  Cincinnati Abattoir Company vs. James C. Davis, agent.  For $1,054.61.  Williams & Ragland.
 178.034.  The Kenton Motors Company vs. James G. Martin.  Lien and execution for $100.
 178.035.  Kenton Motors Company vs. James G. Martin et al.  For sale of real estate.  Dale & Dale.
 178.036.  Julius Hauer vs. The Industrial Commission.  Petition on appeal filed.  Rogers Wright.
 178.037.  Helen B. Witte vs. Arthur Bley et al.  For partition of estate. Harry H. Shafer.
 178.038. Ruth Huber vs. John Huber.  For divorce.  George A. Hamma.
 178.039.  Lillian Eustis vs. Charles B. Eustis.  For divorce.  Fricke & Van Dusen.
 178.040.  The Karl Kiefer Machine Company vs. the Prk Board of Cincinnati.  For $2,500 as damages.  Freiberg $ Geoghegan.
 178,041.  Edward Ephriam vs. Eugene Costet.  For $15,000 as damages. Burdsall & Rowe.
 178.042.  Edward Ephriam vs. The Columbia Fraternal Association.  For $560 for services rendered.  Burdsall & Rowe.
 178.043.  Ruby T. Linville vs. Younger A. Linville.  For divorce, allimony, custody of child and injunction.  J.T. Rhyno.
 178.044.  Philipeus R. Dument vs. Adam Ritter, executor, et al.  To contest will of Philip J. Ritter.  Edward C. Hauer.

 58,378.  Henry G. Sanders vs. Cincinnati Traction Company.  For $300 as damages.  Harry Hess.
 58,379.  Stanley J. Ulmer vs. Ellen Ulmer.  To annul marriage.  Connolly & Bradley.

 Trial of the breach of contract suit of the OHio and Kentucky Fuel Company, Cincinnati, vs. the Greenough Coal Company, West Virginia, was begun in United States District Court yesterday.
 The plaintiff's evidence was taken and a motion of the defendant to take the case from the jury will be decided by United States District Judge John Weld Peck this morning.
 The hearing was adjourned at noon to permit Judge Peck to go to Dayton to sit with Circuit Judge A.C. Denison and District Judge John E. Sater in the trial of the Dayton Conservancy District case heard there ysterday afternoon.

United States District Attorney James R. Clark and Assistant District Attorney Thomas H. Morrow went to Dayton yesterday to present a number of cases to the Federal Grand Jury impaneled there yesterday morning by United States District Judge John E. Stater, Columbus.

 In the suit of William H. Stemm, North Vernon, Ind., as administrator of the estate of Mary L. Taylor, deceased, vs. William H. Davis, as trustee, et al. for cancellation of a deed of trust given by Mrs. Taylor to Davis, the Cincinnati Discount Company yesterday filed an answer.  It admits that, as trustee under the deed of trust given to him by Mrs. Taylor.  Davis holds 375 shares of capital stock of the discount company and one share of its stock as an individual.  Other than these shares of stock, the company says, Davis has no property of credits in the hands of the answering defendant

Cafe Owner Arrested.

 Abraham Wise.  1129 Elm street, street, cafe owner, was arrested ysterday upon complaint of Federal prohibition agents, who accuse him of having possessed and sold liquor in violation of the Bolstead act.  Arraigned before United States Commisioner Thomas M. Gregory, Wise pleaded not guilty, and he was held in $1,000 bond for preliminary examination May 6.  Agents say they purchased drinks and a pint of liquor from Wise.

 Jolm Laurie, 1111 Central avenue, Cleveland, cafe propietor, yesterday filed in United States Circuit Court of Appeals an appeal from the judgment of United States District Judge D.C. Westenhaver, Cleveland, sentencing M-- to serve six months in the workhouse and to pay a fine of $500 following his conviction under an indictment charging possession and sale of liquor in violation of the Volstead act.

Louis Levy and John Hendricks, Cincinnati, who were appointed by United States Districk Judge John Weld Peck to appraise the assets of the Frank Feldhaus Company, Cincinnati, bankrupt men's furnishings dealers, yesterday filed their report in United States Districk Court.  Stock in trade and fixtures of the Northside store at 4138 Hamilton avenue; the Cumminsville store at 8943 Spring Grove avenue, and the Brighton store, at 2177 Central avenue, are appraised at $3,146.67.