Decatur Daily Democrat, Volume 51, Number 213, Decatur, Adams County, 10 September 1953 — Page 6

PAGE SIX

court lumts Cause No. 19960 —hilvino V Vergara vs Natalie Vergara, G. Remy Bierly, attorney for plaintiff. Comes now Voglewede & Anderson, and enter their kppearance for the defendant. « Cause No. 19953—D0h H. Burke vs Raul Garcia. Voglewede & Anderson, attorneys for plaintiff, j The defendant. Raul ; Garcia, is called three times audibly in open court, comes not, but wholly makes default herein. ,; .Jj ‘ Cause No. 19951—Lincoln National Bank & Trust Company of Fort Wayne is Chester J. Adams, Barrett, 'Barrett & MeNagney, attorneys for plaintiff. Comes . now the .plaintiff* in person and by counsel, And the motion to disiniss heretofore filed on August 26, 1953, (H I), Is now submitted to the court for hearing and determination, and the court having seen and inspected said motion to dismiss, and being sufficiently advised in the premises, sustains the same. It is therefore now ordered, adjudged and decreed by the court that this cause of action ■is hereby dismissed. It is further ordered, adjudged and decreed by. the court that the costs of this action are assessed against the plaintiff. Judgment J Cause No. 19950 —David 8. Myers, dba Myers Home & Auto. Supply vs Chester J. Adams, John L. De Voss, attorney sos; plaintiff. Comes now the plaiin|iff in \ person and by counsel, apd the motion to. dismiss with; prejudice heretofore filed on Aygpst 27, 1953 V -.id.-i ......j /Lilr

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(H 1) is now submitted to the court for hearing and determination, and the court having seen and inspected said motion to dismiss with prejudice, and being sufficiently advised in the premises sustains the same. It is therefore now ordered, adjudged and decreed by the jcqurt that this cause of action is hereby dismissed with prejudice. It is further ordered, adjudged and decreed by the court that the costs of this action are assessed against the plaintiff. Judgment accordingly. Cause No. 19949—Cecil J. Short vs Mary L Short, Severin H. Schurger, attorney i for plaintiff. The defendant is called three times audibly in open court, qomes not, but wholly makes default herein. Cause No, 19948—Harry Irwin vs Anthony Spangler, Voglewede & Anderson, attorneys for plaintiff. The defendant, is called three times audibly in open court, comes not, but wholly -intakes default herein. Cause No. 19946 —Nora Mae Huser vs Martin L. Huser, Custer & Smith, attorneys for plaintiff, Lewis Lutz Smith, attorney for defendant. Comes now the plaintiff in person and by counsel, and the motion to dismiss heretofore filed on July 28, 1953 (H I) is now submitted to the court for hearing and determination, and the court having seen and inspected said motion to dismiss, and being sufficiently advised in the premises, sustains the same. It is therefore no# ordered, adjudged and decreed by the court that the costs of this action are assessed against the plaintiff. Judgment accordingly- V- i \ Cause No. 19943 —Wayne Hardware Co. vs Oscar C. Ewell, Severin H. Schurger, attorney for plaintiff, David A. Macklin, attorney for defendant. Oh motion of

the plaintiff the defendant is ruled to answer absolute within ten days of date. Cause No. 19942—Velma AdMms vs Chester Jethro Adams, Hubert 'MeClenahiHi, attorney for plaintiff, Custer & smith, attorneys for defendant. On motion of the plaintiff this cause is set for trial September 11, at ten a.m. Cause No. 19941—Mildred M. vs John V. Heller, David A. MackHn, attorney for plaintiff, Hubert R. McClenahan, attorney for defendant. Comes now the plaintiff by her counsel and bow files a motion to dismiss, which motion is in the following words and figures, to wit: (H I). Spid motion to dismiss is now submitted to the court for hearing and determination and the court now having seen and inspected said motion to dismiss and being sufficiently advised in the premises thereby now finds that said cause of action ought to be dismissed. It is therefore now ordered, adjudged and decreed by the court that said cause of action now "be dismissed and it is the further, order of this court that the costs of this action be assessed against the plaintiff. Judgment accordingCause No. 19939 —Nora Mae Huser vs Martin L. Huser, Custer & Smith, attorneys for plaintiff, Lewis Lutz Smith, attorney for defendant. Comes now the plaintiff in person and by counsel, and the motion to dismiss heretofore filed on June 26. 1953, (H DJ.is now submitted to the court for hearing and determination, and the court having seen and inspected said motion to dismiss, and fceing sufficiently advised in the premises, sustains the same. It is therefore now ordered, adjudged and decreed by the court that this cause of action is hereby dismissed. It is further ordered, adjudged

j ;*’■ ' ■ • THE DECATUR DAILY DEMOCRAT, DECATUR, INDIANA

and decreed by the court that the costs of this action are Assessed against the plaintiff. Judgment accordingly. Cause No. 19919 —Richard Swygart, et al vs Joseph McConnell, et al, Custer & Smith, attorneys for plaintiff, Ed A. Bosse, attorney for defendant. By agreement of the parties, the motion to make more specific is tentatively set for argument September 15, at ten a.m. Cause No. 19916—Harold Hott vs Wayne Habegger, Voglewede & Anderson,*" attorneys for the plaintiff, Severin H. Schurger, attorney for defendant. Comes now the plaintiff by his counsel, and filed on July 10, 1953, (H Ois now the motion to dismiss heretofore submitted to the court for hearing and determination, and the court having seen and inspected said motion to dismiss, and being suf-, iiciently- advised in the premises, sustains the same. It is therefore now, ordered, adjudged And decreed by the court thai this cause of action is hereby dismiSfed. It is further ordered, adjudged and decreed by the court that the costs of this action are Assessed against the plaintiff. Judgment accordingly. 'i' Cause No. 19912 — John P. Schwartz vs Robert Gordotf Adamson, Severin H. Schurger, P. Fiely, attorneys for plaintiff. Comes now the plaintiff by counsel and \now files a motion-'to'dis-miss, after hearing and determination, and the court now seen and inspected said motion to dismiss and being sufficiently advised in the premises sustains the same and now finds that said cause ought to be dismissed; It is therefore now ordered, adjudged and decreed by the court that said cause of action now be dismissed, and It is further ordered, adjudged and decreed by the court that the costs of said action be airaessed against the plaintiff. Judgnfent accordingly. < _ • Cause No. 19905—Willianl Fleetwoodv s Robert Gordon Aqamson, Severin H. Schurger and ''Harold P. Fiely, attorneys for plaintiff. Comes now the plaintiff by counsel and now files a motion'to dismiss, which motion is in tbe fallowing words and figures, to wit, (H I). Skid motion to dismiss is now submitted to the court for bearing and determination, and the court now having seen Add inspected said motion and being sufi I / 1948 ’ ' PACKARD 4-door Sedan . Radio and Heater ‘ $495.00 t SAYLORS V.

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ficiently advised in the sustains the same, and now finds that said cause ought to be dismissed and it is further ordered that the costs of said action be assessed against the plaintiff. Judgment accordingly. Cause No. 19881—Victor Braun Vs Roy Fridley, Voglewede & Anderson, attorneys for plaintiff. The defendant is called three times audibly in open court, comes not but wholly makes default herein. Cause No. 19869 — George R. Thomas vs The Erie Railroad Co., a Corp., et al, Voglewede & Anderson, attorneys for plaintiff, Henry B. Heller and Shorey and Woods, attorneys for defendant. On motion of th.e plaintiff, the defendants are ruled to answer absolute Within ten days of date. , Cause No. 19857 — Barbara J. Thomas vs The Erie Railroad Co., a Corp., et al, Voglewede & Anderson, attorneys for plaintiff, Henry B. Heller and Shorey & Woods, attorneys for defendant. On motion of the plaintiff the defendants are ruled to answer absolute within ten days of date. Cause No. 19856 —In the matter of Heber C. Bowen, et al., djrain, Lewis L. Smith, attorney for plaintiff (petitioners!. Comes now Lewis L. Smith, and withdraws his appearance for the \ petitioners herein. Cause No. 19855 — Leland M. Ranney vs Herbert H. Stoner, et al, David A. Macklin, attorney for plaintiff, Custer & Smith, attorneys for defendants. (Un motion of the plaintiff this cause is set for issues September 25. at ten a.m. Cause No. 19850—C. Herbert Runkel vs Russell "Hendricks, E. A. Bosse, Perry & McAlister, and Voglewede & Anderson, attorneys for plaintiff. On motion of the plaintiff this cause is set for trial September 16, at ten a.m. Cause No. 19845—Thelma Bilderback vs Chauncey A. Manley, Lewis L Smith, attorney for plaintiff, Barrett, Barrett & McNagny, attorneys for defendant On motion of the plaintiff this cause is set for trial, October 27, at nine a.m. ky Cause No. 198T9—Virginia B, Holtsberry vs William H. Holtsberry, John L. De Voss, attorney for plaintiff. It is now ordered by the court that the clerk remove this cause from the docket. Cause No. 19814—Ray Stingely vs Hattie Andrews estate. It is now ordered by the court that the clerk remove this cause from the docket. Cause No. 19812 — Francis J. Schmitt vs Fred Ahr, et al, Severin H. Schurger, attorney for plaintiff, Custer A Smith, attorneys for defendant. On motion of

the plaintiff this cause is set for trial October 29, at nine a.ip. Cause No. 19794—The First State Bank of Decatur, Ind., a Corp., vs John M. Kennedy, John L. DeVoss, attorney for plaintiff, Ed A. Bosse, attorney for defendant. On motion of the plaintiff, the defendant is ruled to answer absolute within ten days of date. Cause No. 19780—Lucille Quirk vs Adams Lodge No. 1511, jL O. O. M., Inc., Rothberg, Gallimeyer A Doermer, Voglewede & Anderson, attorneys for plaintiff, John L. De Voss, attorney for defendant. On motion t of the plaintiff, this cause Is sat for issues September 24 at ten a.m. Oouse No. 19774 —A. S. C. Corp:, vs Grant E. Lyons & Irene Lyons, Custer & Smith, attorneys, for plaintiff, Severin H. Schurger, attorneys for defendant. On motion Os the plaintiff this cause is set for trial October 6 at nine aim. Cause No. 19772 —Doe Lewlnson vs Gaylord Ainsworth, et al, Berry . & McAlister, Ed A. Bosse, attorneys for plaintiff, Custer & Smith, attorneys for defendants. On motion of the plaintiff, the motion to make more specific is set for argument October 8, at' two p.m. Cause No. 19760 —Carl Viking, et al vs Robert Urick. On motion of the plaintiff, this cause is set for trial October 9, at ten a.m. Cause No. 19756—Fred Hirachy vs Est, of Henry Hirschy, Ed A. Bosse, Chris H. Muselman, attorneys for plaintiff, | Custer & Sikith, attorneys for estate. It is now ordered by the court that the Clerk remove this cause from the docket. Cause No. 19687—Anthony Bonfiglio vs Bernice Bonfiglio, Ed A. Bosse, Severin H. Schurger, attor--1 heys for plaintiff, Custer & Smith, ' attorneys for defendant. It is now 1 ordered by the court that the qlerk remove this cause from the dock- > Cause No. 19677—E1i C. ■ et al vs Geneva Lumber & Supply > Co., et al, Earl E. Dawaid, attorney for plaintiffs, Voglewede & > Anderson, attorneys for defend- > ants. It is now ordered by the court that the clerk remove this < cause from the docket. Cause No. 19644—Justine Brite ' vs Kenneth Singleton, Hubert R. ’ McClenahan, attorney for plaintiff, ! G. Remy Bierly, attorney for ■ defendant. On motion of the plaintiff ’ the argument on the motion to re--1 quire plaintiff to make her com- > plaint more definite, certain and • specific is set for hearing September 30 at ten a.m. Cause No. 19607 —Allen Furnace ■ Co., an Ohio Corp., vs Eilllan D. * Patrick, et al, Voglewede & Anderson, attorneys for plainjiff, ’ Severin H. Schurger, attorney for

defendant Comes now the plaintiff by counsel and the motion to 1 dismiss wih prejudice heretofore filed on August 14, 1951, (H I) is now submitted to the court for hearing and determination, and the court having seen and inspected said motion to dismiss with prejudice, and being sufficiently advised in the premises, sustains the same. It is therefore now ordered, adjudged and decreed by the court that this cause ot action is hereby dismissed with prejudice. It ; is further ordered, adjudged arfh decreed by the cohrt that the costs of this action'are as&slsed against the plaintiff. Judgment a<< cordingl y. Cause No. 19600 —Herman W. Bohnke vs Sophie L. Bohnke, 'Hubert R. McClenahan, attorney for plaintiff, Ed A. Bosse, attorney for defendant. It is now ordered by the court that the clerk remove this cause from the docket. Cause No. 195*6 — Fred W. Thomas vs James Gate Thomas. Decker, Gallivan & Hamilton, attorneys for plaintiff, George C., Davis, and Ed A. Bosse, attorneys for defendant. Copies now Ed A. Bosse and enters his appearance for the denfendant herein. J Cause No. 19575—Alvie Beer vs Fred Steiner, Burl V. Whiteman, attorney for plaintiff, John L. Devoss, attorney for defendant. It is now ordered by the court that the clerk remove this cause from the docket. Cause No. 19566 —Dallas H. Lichtenberger, et al vs Anna J. Lichtenberger, G. Remy Bierly, atterney for plaintiffs. It is now ordered by the court that the clerk remove this cause from the docket. Divorce Cases ? (Majorie E. vs James Myers; complaint for divorce; on motion of plaintiff ease set for trial on Sept. 22. Attorney: Voglewede & Anderson, plaintiff. Chris A. Meshberger vs Martha 'Meshberger; complaint for divorce; on motion Os plaintiff case set for trial Oct). 26. Attorney: Voglewede & Anderson, plaintiff. : | Set For; Issue Suie T. Welker vs Artis M.. Groce W. Tope; complaint for dapiages; on motion of plaintiff case set" for issue Sept. 2L Attorneys: Ferd \L. Litterer, Davis & Roose, plaintiff; John L De Voss, defendant. , Make Apeparance Associates Loan Co., Inc., vs J 950 BUICK Special Tudor Radio and Heater SAYLORS

THURSDAY, SEPTEMBER 10, 1953

Lloyd E. Stevens, Serena L. Stevens; complaint on note; defendants make appearance. Attorneys Otto A. Koenig, plaintiff. I- - Seek Damages Walter F. Clem. Mamie E r Clem, vs Harold* R. Steffen; complaint for damages. Attorneys: Custer t> Smith, plaintiff; Hubert K. McClenehan, defendant i 1 ' Citation Issued State of Ohio, ex rel Louis Dye Vollmer, vs Everett H. Dye; enforcement .of the reciprocal support act; alias citation issued to sheriff for defendant returnable Sept. 15. .Estate Cases Estate of Eleanor Reppert closed. (Estates of Carl Koeneman, James E. Ellsworth, Sam D. Nussbaum, Lizetta Knapp, Martha Kirschner and Catherine Schafer; clerk’s vacation time eptries ratified by court in term time. Estate of Hansel L. Foley; inheritance tax appraiser's report filed; notice issued returnable ' Sept. 30. iFtstate off David S. Runyon; 1 vacation time, entries ratified in term timet bond filed $6,000; letters testamentary issued Elizabeth C. Runyon.■Estate of Jacob Haggard; inheritance tax appraiser’s report filed; notice Issued returnable \Sept. 30. Estate of Louise M. Lankenai:; final report approved. • Pleasant Mills PTA Will Meet Monday The first meeting of the school year will be held Monday night by • the Pleasant Mills parent-teachers ■ association at the Pleasant Mills I high school. > Gail Grabill, county school superintendent, will speak and a i short program will be presented. . All patrons of the school are invit- » ed to attend and meet the new ; teachers. If you have something to sell or rooms for rent, try a Democrat r Want Add. it brings results, f -J . ~| , BEERY BARGAINS i 1949 CHEVROLET Club Coupe ’ I Black finish. Sharp .and Nice. Beery Motor Sales 1 DODGE & PLYMOUTH South First Strbet