| Show I ITU SON DECLINES TO TU PAY iM THE TOE RENT REMI Executors of of A Hi U If Ral olgh Deceased Enter Suit Su It ME COURT OlMON New liew rIt 1 Now Nov In Iii Ciu lIn of C Ve lern fo v vs I IIi Hi Ii Herts hera unit u lie If William Wiiiiam mid nud Alfred Solomon of or tho in will unit testament of ot A It Ii d ed this morn murn mornIng morning Ing licit flIed a it suit lull against Joseph JO H Ii hal olgh elsh to o recover lel over IiI IU tar for iso tho rental mental of ot ortho tho premised e known an nil north flint West str l which belongs to the time OH on OHIo tote tate Io to of ot deceased They rimey also ask I k tot for treble tents OH us damages the time ful fui of oC time the premises It 11 In is lood that defendant claims that lint tIme the property in iii wits w to 10 him him by his fathom father prior to 10 lime tho lattora demise DECISION UI I Coma u It uIn Now In iii J I Case today delivered tho opinion of or the Iha Supreme court In Iii tho time use case of oC the Iho Loan company va vs 11 L H II Hera 1111 wife It re rt reversing the tho decision of the lower lowr court courtIn In III not nol granting motion for Cor or u II new hOW trial anti and remanding time tho case caso tot for trial TIme The was aa brought In the time First t Ju Judicial district and wax was tom for tho the foreclosure ure UIO of ot n a trust given to 10 plaintiff to se so secure cure oUre a 0 note 1100 on which a fl 1 balance was due duo amounting to 10 When Whon tho the case eflee was waH railed called tot for trial tint tho attorneys tot for plaintiff did not riot ap aim appear pear und judgment was WIlS tendered rendered against It thereupon u a unction motion tot for new nev trial was made mittle ann and was Willi denied by the tho trial court It Is front from this decision that plaintiff appealed It was wan IS shown hown by of U t one of oC Plaintiffs anti the time clerk oC of tIme the court that time the case won was Ret not no without tills due notice lIole to lb plaintiff and Ild before the lund had been Joined The rime opinion that It II IN IH clear front from the record r that the failure of or if plaintiff to 10 tom for trial trini way wan ble neglect and the th motion molon to 10 set net aldu time tho Judgment anti and granta n II new nelV trial tint should have havo be been blen n sustained by Iy time the court below Chief Justice Miner Justice both bath concurred In III the opinion of oC Justice |
