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Taken From The Jury

Taken From The Jury image
Parent Issue
Day
28
Month
April
Year
1899
Copyright
Public Domain
OCR Text

BECAUSE PROBATE REGISTER WAS ADMINISTRATOR.

Two of the Numerous Cases Against William Judson Were Also Dismissed Today.

The case of Peter J. Lehman, administrator, vs. The Toledo Ice Company, came to a sudden termination in the circuit court Tuesday afternoon, being taken from the jury and a verdict ordered or the defendants.

This case grew out of an accident at Whitmore Lake by which several men were killed and injured. Among them being one Morey who was a single man without anyone dependent upon him. The facts as to the accident and death were not entered upon. According to the statement of the plaintiff the Ice Company tor the purpose of settling up all claims on account of the accident entered into a verbal contract with Lehman & Stivers to have a special administrator appointed that they might have some legally qualified person to whom to pay a specified sum, $475, which they were willing to pay in settlement. The Ice Company accordingly requested M. J. Lehman to petition the probate court for the appointment of a special administrator. This was accordingly done, P. J. Lehman being appointed.

The contention of the defendants was that Peter J. Lehman was not properly constituted a special administrator, that it was against public policy for the probate court to appoint a creature or appointee of its own to the position or special administrator. This act alone Mr. Sawyer contended was sufficient to set Mr. Lehman aside. But he made the farther point that in the appointment of a special administrator the petition for the appointment could not be made by a stranger, but must be made by a husband or wife or relative, or next of kin or a creditor. The judge temporarily overruled Mr. Sawyer 's position and allowed the case to go on. When the plaintiff 's case was finished, however. Mr. Sawyer renewed his motion which was sustained as before stated. By agreement costs were taxed in favor of defendants in the sum of $34.80.

The attorneys for plaintiff, Messrs. Lehman & Stivers say the case will be taken to the supreme court and they have been given 80 days in which to file a bill of exceptions.

The jury was excused until 9 o'clock tomorrow morning.

The cases of the Bortels vs. Wm. Judson were dismissed because of the failure of the plaintiff to file a bond for costs within the time named, and the costs so far incurred were taxed up against the plaintiff. These are the two suits brought against ex-Sheriff Judson and Deputy Sheriff Wackenhut for false imprisonment, the damages being placed at good round figures with some sensational features in the pleadings. The new state oil inspector has two less cases to defend tonight.

The judge then proposed to listen to the arguments for a change of venue in the Judson cases, but as the attorneys were not on hand and Mr. Judson who desired to be present when the arguments were made, was out of the city, the matter was put over and court adjourned until tomorrow morning.