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Petition Bfands JansoiAllegations As AbsoluteFalse.QUOTES OPINIOLucas Co Courts HoCity Right In Similaro r Suit.* J Motion was filed in comm pleas court WednesdayMayor S. M. Swarts asking t court to dissolve a tempora restraining order grant Monday by Judge A. W. Agh ure enjoining him from liearii u ; charges against Price Janslt; and John \V. Burris, mcmhenutarryromi'the (l M1C civ,l servicetwo• Icommle.sion. I he motion was filed i the law firm of Lynch, Dayet, Fimple, Pontius and Lvnchfl, representing the mayor/■ee- I An Immediate hearing of the rr | tion will be sought and the court uhis j ! to dissolve the order a:ind I lp:'v® 1,10 mayor free to prooef a | with his hearings 0f the chargagainst the two commissioners.The motion alleges that the pel (ions on which injunction wgranted do not constitute a causesentoat•ge artiun ;in‘* that allegations chargicore i orl neie-ton,’itk-J.’si-e,isconspiracy art* untrue.Accompanying the motion isbrief, citing the court of appe of Tineas co* which held in a oalt;said to he identical with this oj that tho fourth have no authority | onJoln a mayor from hearing charg against th»* Hvil service comipi •Ion.The charges against Jansen ai Burris twere filed with the may last week by George Beresford, member of the police force, who a leged that they have been guiltyInefficiency and irregularity in oflee*Mayor Swarts set the hearings fc Wednesday hut on Monday Janso and lturri.s went into court and ol tained from Judge AgJer an onb enjoining the mayor from proceed yjing with the hearings. In grantin the temporary order Aglor said th i an outside judge would be brough in to hear tlie arguments for a permanent injunction.In order to speed up dispositioof the case the mayor’s attorney^Wednesday filed their motion to dissolve the restraining order, leavin:the mayor free to proceed with thlt;hearings. The motion and brie are:Now comes the defendant am | | moves the court to dissolve the re straining order heretofore Issue* herein for the following reasons, tlt;wit:1. The allegations of the petition herein do not constitute a cause of action against this defendant.The allegations of the petition do not entitle the plaintiff toof(Continued on Page 12, Col. S.)
Newspaper Details
Canton Daily News
Canton, Ohio, US
Wed, Jul 14, 1926
Page 1
Full Page
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Anonymous
AZ, USA 11 Nov 2020
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