Volume 1 — Tappan's Reports (Ohio)

Case. — The declaration was in the usual form, and ’ claimed damages for the loss of an hog killed by the defendant’s dogs. Plea, Not Guilty.

The declaration in this case contained two counts : 1st count was, for that on the 1st January, 1814, plaintiff being possessed of two stills “ which were, or were about to be, idle and out of employ,” at the special instance and request of the defendant, let, rented and hired them to defendant, on the terms and conditions following, viz: Defendant to give plaintiff two gallons of whiskey for every bushel of rye which plaintiff would deliver to defendant at the still house,…

The evidence was ; That the plaintiff, clerk of the house of representatives of the United States, living in Kentucky, was journeying to Washington City, to attend a session of congress, with his family, in one carriage; a brother-in-law, with his family, ivere in another carriage, in company.

<p>DEBT, FOR THE PENALTY CONTAINED IN ARTICLES OF AGREEMENT, FOR</p> <p>THE CONVEYANCE OF AN ESTATE.</p> <p>An account made out on a loose piece of paper, is not a hoolc account within the statute.</p>

Plea — Non est factum, with notice of set-off of a book account, vs. Harris, some articles of which are charged before the date of the assignment, some after.

1st. count. “John Boyd swore me out of $1000, he had swore a damned lie, and I can prove it.” 2d. count. “ He is perjured, and I can prove it. Plea — J ustiflcation.

INDICTMENT. “ State of Ohio, ) Court of common pleas, July term, Tuscarawas County, j ' eighteen hundred and fifteen.

<p>Motion to quash the writ, quia improvide emanavit.</p>

Declaration. — Joseph M’G-uigin and James Keeper, were attached to answer David Kemp, of a plea, that he render unto the said David Kemp the sum of one hundred and two dollars, which they owe to and unjustly detain from him — for that whereas the said Joseph and the said James, heretofore, to wit. on the 23d day of February, 1813, at Stark county aforesaid, by their certain writing obligatory, sealed with their seals, and now here in court shown, the date whereof is the day…

Plea — No award made. Eeplication — Setting forth an award as follows, viz.: “ Canton, Dec. 3,1814.

<p>Plea — Justifies, taking them up as estrays.</p>

The following is a copy of the deed, viz: — “ An article of agreement, made and concluded upon, between J. R. of the one part, and J. H. N. of the other part, witnesseth, that the said N. agrees to cut wood sufficient to keep the lower furnace boiling for twenty-four hours, for the sum of one bushel salt, provided that salt sells at two dollars per bushel. If salt does not sell at two dollars, the said R. agrees to give salt sufficient for to make up the two dollars.

<p>Plea — Non assumpsit.</p>

1st Count. — For uttering and publishing a counterfeit bank note of the Philadelphia Bank. 2d Count. — For attempting to pass the same note. Plea. — Not guilty.

<p>CASE, FOR WORK AND LABOR DONE AND MATERIALS FOUND.</p> <p>If an account is offered on a single piece of paper, proof will be admitted that it was part of an account boo7c, severed by mistake or accident, so that it maybe read as part of such book.</p> <p>A party to the suit not competent to prove such facts.</p>

<p>INFORMATION, FOR BREACH OF THE U. S. REVENUE LAWS.</p> <p>A proceeding by information is only used in criminal cases.</p> <p>The United States liave no power to enlarge the jurisdiction of the State courts.</p> <p>The State courts have not jurisdiction of offenses against the United States.</p> <p>One sovereign State cannot use the judicial tribunals of another State to enforce its penal laws.</p> <p>The proceeding, by information, is prohibited by the constitution of Ohio.</p>

Plea, in bar. That, after committing tbe said grievances, in the said declaration mentioned, and before the commencement of this suit, to wit, on, &c., plaintiff sued defendant for same cause of action, on which there was a trial, and judgment for defendant.

<p>Puea — Non assumpsit.</p>

<p>The defendants had been defaulted, and now</p>

Certiorari, to Paul Preston, Esq., a justice of the peace. The following transcript was returned, viz.: “ Summons returned “ August 31,1816, defendant appeared and was not ready for trial, and “ it is put off until 7th day of Sept. next. Sept. 7th, parties appeared, “ and after hearing the several proofs judgment is given in favor of “plaintiff, for $5 18 cents.”

Trespass, quare clausum fregit, &o. Plea. — Not guilty. From the evidence, it appeared that the plaintiff and defendant owned adjoining cleared lands; that the plaintiff had a fence on the side of his improvement next to the defendant’s land, which was built about six feet within his line; the six feet was fenced out for a lane; the defendant sent his workmen to build his fence on that side of his land; the workmen laid about fifty panels of fence, and raised it five rails…

A summons was issued in June term last, returnable forthwith. The writ was returned on the last day of the term, endorsed “ served by copy.” A declaration was filed; the defendant was called, and not answering was defaulted. Final judgment was entered, “ to be liquidated by the clerk.” The clerk made up the judgment and issued execution returnable to this term.

Assumpsit on a warranty of soundness in an exchange of horses. Plea — N on-assumpsit. Evidence. — The plaintiff and defendant met at a tavern, and had some conversation about exchanging horses. They could not agree on the terms, and left it to three men to say how they should trade. The plaintiff expressed some fears that if they traded the defendant would rue. The defendant assured the plaintiff that he would not rue, and offered to give security to that effect.

<p>Indictment, for resisting a constable in executing a warrant.</p> <p>Plea — Not guilty.</p>

Indictment, for passing a counterfeit note. On the trial, it was proven that the prisoner, in company with one Joab Woodruff, (who was convicted of this offence at the last term, and sentenced to the penitentiary for twelve years) passed the note in question, and that they travelled in company, and put off other counterfeit notes, and offered to pass some of the same spurious quality to different people.

<p>A plea puis dai'rcin continúame, is receivable at tlie discretion of the court. If in abatement, it must be verified by affidavit.</p>

Petition, setting forth that a road has been ordered to be opened from, &c. which runs through lands belonging to the petitioners, to their damage, and praying that five disinterested landholders of the county, may be appointed to- view and assess the damages.

Indictment — For “that the said Charles Connoway, being a married man, on the first day oí August, in the year 1816, at Warren, &c., unlawfully did desert his wife, and for a long time thereafter, at the place aforesaid, did unlawfully live and cohabit with one Jewet Ever* sole, another woman than his wife, in a state of adultery, to wit, for the space of one month, contrary,” &c. Plea — Not guilty.

Appeal by tbe defendant, from tbe judgment of a justice of the peace. Declaration in Assumpsit. Damages laid at sixty dollars. Plea — Non-Assumpsit and set-off. The plaintiff produced his book account to support his action. It was admitted by the defendant, without proof. The whole amount of the plaintiff’s charges against the defendant was $200; the plaintiff had credited the defendant divers payments, amounting to $140; and he claimed to recover the balance of $60.

Petition in Chancery — setting forth, that the plaintiff, on the 5th of March 1814, leased to the defendant a tract of land for three years from the 1st of April then next ensuing, lor $200 per year; that the defendant was, by the covenant in the lease, to make divers improve-, ments and repairs, payment for which was to be deducted out of “ the last of the rent.” That the defendant was not to waste the premises.

<p>Indictment for extortion.</p> <p>Plea — Not guilty.</p>

Indictment, for “that Jehiel Carman and William Carman, both of the town of Steubenville, in said county, on the 12th day of September, 1816, at Steubenville, in said county, with force and arms, forcibly, by violence, and putting in fear, one John M. Goodenow, then and there being, three certain bank notes, of the value of twenty dollars, from his person did take, and carry away, contrary,” &c. Pleas — Not guilty.

Assumpsit. Plea — -Non-Assumpsit. The book accounts of the deceased were produced, and James Marshall, one of the plaintiffs, was sworn as a witness to prove the account.

Certiorari, to two justices of the peace, to certify up their proceedings, in a case under the “ act against forcible entry and detainer,” on the return of the certiorari.

Ejectment. The plaintiff produced a patent from the United States, to him, of the land in question. The defendant then offered to provej by parole, that by an agreement between himself and the plaintiff, made since the 1st of June 1810, he had a right to hold possession of the land.

Indictment for an affray. MCLaughlin pleaded guilty. Foy, not guilty. On the trial of Foy, M‘Laughlin was offered as a witness for the state by Harper, who observed, that as he had pleaded guilty to this indictment, he could have no interest in the event as to Foy.

Indictment for an assault and battery upon Samuel Stiers. Samuel Stiers was examined as a witness for the state. Ward, the magistrate before whom Lent had been recognized for his appearance to answer for this breach of the peace, was also examined as a witness for tbe state.

Indictment — For “that the defendant, being a licensed tavern keeper, at, &c., did on, &c., knowingly allow, permit and suffer, one John Smith and one Wm. Swaney, with divers other persons, to the jurors unknown, to revel, get drunk, and behave in a disorderly manner in his said house, then,” &c. Plea — Not guilty.

Trespass, for an assault and battery. Plea — Not guilty. Nicholas Hine was examined as a witness for the defendant; after-wards the plaintiff called Michael Martin and others, to prove Hine to be a person not deserving- credit. The counsel differing as to the proper course of examination, appealed to the court for direction.

Assumpsit, for use and occupation, pasturing cattle, goods sold and delivered, money lent, &c., &c. Plea — Non-Assumpsit, with notice of set-off. It appeared, by the evidence, that the plaintiff had hired the defendant’s farm and buildings for one year. The defendant reserved a part of the dwelling house for his own use, and such part was excepted in the lease.

Debt, on two judgments rendered by a justice of the peace in Pennsylvania. Issue and Trial to tbe Court. The first count in tbe plaintiff’s declaration stated the judgment of the justice to have been given for forty dollars. By the transcript produced in support of that count, it appeared to be for twenty dollars. The evidence was rejected on account of the variance.

Covenant broken. The breach assigned, was the not conveying a town lot to the plaintiff. Mathew Kennedy was offered as a witness for the plaintiff.

<p>Indictment, for passing a counterfeit bank note.</p> <p>Plea — Not guilty.</p>

<p>Lafeertv was convicted, on three several indictments, for selling unwholesome provisions.</p>

Indictment for Murder. The prisoner elected to be tried in this court, and pleaded, Not Guilty. On the trial, it appeared from, the evidence, that the prisoner and his wife (the deceased) lived in a cabin about five miles from N ew Lisbon, with no other person in their family — they were very poor, and both addicted to intoxication.

Indictment, for passing a forged note. Plea — not guilty On the trial, John Coulter was called as a witness on the part of the state.

Assumpsit. 1st count — J Whereas, the said Milton, on &c., at &c., made his certain note in writing, commonly called a promissory note, his own proper hand being thereunto subscribed, bearing date the same day and year aforesaid, and then and there delivered the said note to a company of merchants, trading under the firm of Eice, Eeed and Company, by which note the said Milton then and there promised to pay on demand, to the said Eice, Eeed and Company, or order, the sum of…

Petition in Chancery, setting forth: that on the 5th day of April, 1815, the plaintiff agreed and contracted with the defendant, to lease of him a traer of land; that by the contract, plaintiff was to take immediate possession and to improve and live on it five years, and for such use and improvement was to clear twenty-five acres, &o.; that defendant promised to make a written lease as soon as he had time to draw the writing; that the plaintiff went into possession and made…

Assumpsit on a note executed by the defendant to A. Ankrim, and by him endorsed to the plaintiff. Special Demurrer to the Declaration, “for that the declaration doth not aver that the endorsement was made under the statute in such cases made and provided.”

Assumpsit. The plaintiff declared, “ for that, whereas, the said Andrew, on the 12th day of August, 1816, at &c. made his certain promissory note in writing, bearing date the day and year aforesaid, and thereby then and there promised to pay said H. D. or order, sixty days after date of said nore, at the Farmer’s and Mechanic’s Bank, 117 dollars without defalcation, value received; by means whereof the said Andrew then and there became liable,” &c. General Demurrer and…

<p>Debt or assumpsit will lie on the judgment of a foreign court.</p> <p>^ judgment lendered in another state, is a foreign judgment, and only pHmafacie evidence of debt.</p> <p>When a matter has been litigated before a competent tribunal, the decision of such tribunal is conclusive upon the parties in all civilized state*.</p> <p>There is no limitation in the statute, to the time of bringing an action of debt on judgment.</p>

Case — For slander. Pleas — 1st. Not guilty: and 2d. “And for further plea in this behalf, the leave of this court first had and obtained, and according to the statute in such cases made and provided, the said William [Grant] saith that the said Thomas [Shaw] ought not to have and maintain his aforesaid action against him, because he saith. that at the time of speaking the words uttered and published by the said William, of and concerning the said Thomas, as set forth in…

<p>Assumpsit.</p> <p>The declaration was as follows:</p> <p>“ Thomas Orr was attached to answer unto, David Redick, in a plea of trespass on the case, &e. for that whereas the said Thomas Orr, on the first day of November, in the year 1816, became indebted to the said David, in the just and full sum of four dollars, lawful money of the United States, for services rendered by the said David to the said Thomas as his counsel, &c. at the special instance and request of the said Thomas. In consideration thereof, the said Thomas afterwards, to wit, on the same day and year aforesaid, at &c. undertook,” &c.</p> <p>Special demurrer and joinder.</p>

<p>Notice of the taking of depositions, must Tbe one day, at least; and the day of giving notice, or of taking the deposition, is excluded from the computation of time.</p> <p>Depositions, taken and returned into court, are evidence for both parties; but if a party reads in evidence a deposition taken, but not used by his opponent, he waives all objection to it, and admits notice.</p> <p>In a suit before a justice of the peace, the defendant is not required to set-off a demand which exceeds the amount of a justice’s jurisdiction.</p>

Covenant. The declaration was as follows, viz. — “ For that whereas, heretofore, to wit, on, &c. at, &c. by a certain article of agreement then and there made, the date whereof is the day and year last aforesaid, between the said George [Burge] of the one part, and the said Asher [Bigelow] of the other part, sealed with the seals of the said George and Asher, (which, &c.) it was agreed, that the said George should do the carpenter work of a stable and house for the said…

<p>A capias ad respondendum, was sued out and served upon the defendant, in term time.</p>

<p>When a non-resident is plaintiff, the Sheriff is not bound to serve the writ until it is endorsed for costs, but the service, if made, is good, without such endorsement.</p> <p>The plaintiff may be compelled to give security (where the endorsement of it has been neglected) unless the defendant has waived his right to it.</p>

Ejectment. This cause had been some time depending in court, and issue had been joined in it at the last term, when it was called on for trial.

Indictment, for forgery. It appeared in evidence, that on the 23d of June last, at about an hour and an half before sun-down, the prisoner came to a public house in St. Clairsville; his arrival in town, was noticed by several people who had long suspected him to be engaged in passing counterfeit bank notes, and they agreed to arrest and search him without warrant: they went to the house where the prisoner was, after dark, and searched him; they found a one hundred dollar…

<p>The cashier of a bank who is also a stockholder is a competent witness to prove a bill on such bank to be counterfeit.</p> <p>It is not a fatal variance between the note offered in evidence and the indictment, that the latter omits the figures on the margin, which are not a material part of the instrument.</p>

The indictment contained three counts. The prisoner was acquitted on the first and third counts, and found guilty on the 2d, which charged, “that Asa Davis, late of, &c., being a wicked and evil disposed person, on the first day of August, Anno Domini one thousand eight hundred and sixteen, at Belmont county aforesaid, wickedly and corruptly contriving and intending to inveigle and seduce one Isaac Vandyne, to join him, the said Asa, in uttering and passing false, forged and…

Motion to discharge the. defendant on common bail, for the insufficiency of. the affidavit, and for that there is no endorsement on the writ, “ for what it was brought.”

<p>Case — For words.</p> <p>Plea — Justification.</p>

<p>Proceeding under the act for the support and maintenance of illegitimate children.</p>

Payment cannot be given in evidence, on a plea of non estfaetum. Debt — on a sealed note. Plea — Won est faetum, without affidavit. Notice of set-off: corn sold and delivered, money paid, &c.

<p>Debt — on a sealed note,</p> <p>Plea — Non est factum.</p>

Action on tbe case, against the late sheriff of Jefferson county. The declaration contained three counts: 1st, on a voluntary escape of J. H. Riddle; 2d, for neglecting to serve a capias ad respondendum, upon Riddle, at the suit of the plaintiff; and 3d, for falsely returning cepi corpus to the writ.

The plaintiff declared in debt, as follows: Jtfemm County, as court of Common pleas’ of term’ 1816 Robert Phillips, of the county aforesaid, was attached to answer Patrick Cunningham, of a plea, that he render unto him the sum of two hundred and seventy dollars, which to Mm he owes, and unjustly detains from him.

Assumpsit. Plea — Non-assumpsit, within four years. Replication. “And the said Daniel, as to the said plea by -the said Jacob [Eacops] by him secondly above pleaded, saith, that he, by any thing in that plea alledged, ought not to be barred of his said action, because he says, that the original contract for the sale of waggons, horses, and geers, and the delivery thereof to the defendant, on which, &c. took place in the commonwealth of Pennsylvania, in the county of…

<p>If no notice has been given by the plaintiff in certiorari, the court of common pleas will not take jurisdiction of the cause.</p>

<p>In an action of debt, on a foreign judgment, of which the exemplification is duly authenticated, no advantage can be taken of irregularity in the form, or of error apparent on the face of it. *</p> <p>An action of debt may be sustained on an erroneous judgment.</p> <p>Sameness of name, is prltnafaeie evidence of sameness of person.</p>

Indictment for a Nuisance. The indictment proceeded as follows: — The grand jurors of the county aforesaid, on their oaths and affirmations, in the name and by the authority of the state of Ohio, do present, that on the first day of September, in the year of our Lord one thousand eight hundred and sixteen, there was, and yet is, a certain common highway, leading from the township of Steubenville in said county, towards Boyd’s mill; in the county of Jefferson, used by and for…

Thejplaintiff deelaied, in debt, “for that whereas the. said Wilson and Simmons heretofore, to wit, on the 16th day of April, in the year 1816, at the county of Jefferson aforesaid, by their certain writing obligatory, and sealed with their seals, and here in court produced and shewn, jointly and severally promised the said Christian to pay him or his heirsfcor assigns, on or before the 18th day of April 1816, the sum of ten hundred and fifty dollars, in current bank paper,…

<p>‘Amendments may be allowed at any time before writ of error brought.</p> <p>If the defect has been assigned as cause of demurrer, the party amending must pay costs.</p>

<p>A scroll annexed to a signature is sufficient to make a sealed instrument, although it does not appear, from any words in the body of it that it was intended as such.</p> <p>A promise to pay, is a binding to pay, if by deed.</p> <p>Want of profert is not sufficient to arrest a judgment.</p>

Certiorari, to two justices of the peace, with which was returned a transcript, duly certified, of the proceedings before them, under the “act against forcible entry and detainer.”

Covenant. The declaration was on a covenant, by which, “ in consideration of the sum of $2000, to be paid, one thousand dollars in hand, $300 on or before the 1st April 1816, $300 on or before the 1st April 1817, $200 on or before the 1st April 1818, and $200 on or before the 1st April 1819; the plaintiff covenanted with the defendant, to sell, grant, and confirm, to him, all that house and lot on which the plaintiff then lived, situate in Morristown, in Belmont county; and…

<p>The statute law does not require that a notice of the taking of depositions should state the name of the magistrate before whom they are to be taken, or the names of the witnesses.</p>

Debt, on bond. Plea — Nun est factum, without affidavit — and notice that the defendant would give in evidence, that the bond was signed and sealed by the defendants, and given to A. B. with instructions to A. B. to deliver it to the plaintiff if the plaintiff delivered to A. B. the money, for the loan of which the bond was executed, and with express orders to A. B. to retain the bond if the plaintiff did not send the defendant the money — that A. B. presented the bond to.…

<p>Tbe endorsee of a note or bond under seal, may maintain debt upon it against the maker.</p>

Indictment, for extortion. The 1st count of the indictment, was for demanding and receiving of Sterling, the sum of two dollars and ninety-eight cents, for clerk’s fees in the suit Sterling vs. Laughlin, June term 1816, when the legal fees, it was averred, were one dollar and seventy-two cents only. The 2d was for taking three dollars and eighty-five cents of Mahan, in a case of Ohio vs. Mahan, June term, 1816, when the legal fees were two dollars and seventeen cents.

This was an action of covenant, brought by writ issued in term time, returnable forthwith, at June term 1816. A declaration was then filed, and a rule taken for a plea; and at Dec. term 1816, Hal-lock, for the plaintiff, moved for judgment for default of a plea.

Trespass — assault, battery, and false imprisonment. Pleas — not guilty, with notice of justification. On trial, the evidence for tbe plaintiff was, that the defendant, Scott, was a justice of the peace in the town of New Lisbon, in said county, and that one John Scott made complaint to him, on oath, against the plaintiff, charging him with having uttered and published certain counterfeit bank notes.

Action on the ease. The declaration was, “for that, whereas, the said Joseph Glascow in his life time, and one John Gilmore (upon whom the writ was not served) on the 7th March 1807, at, &c. being masters and owners of a certain Orleans boat then ridiDg at Charlestown, &c. in consideration that the said Barker & Co. at the special instance and request of them; the said Glascow and Gilmore, had delivered to them, the said G. and G. divers goods and merchandises, to wit,…

<p>Jt appearing by the justice's transcript, that che matter in dispute between the parties before him, was of an amount exceeding his jurisdiction, his proceedings were wholly coram non judicc.</p> <p>A magistrate’s certificate of a fact not within his judicial cognizance is a nullity.</p>

Debt in the debet, and detinet on a joint obligation executed to the plaintiff by the defendant, Dickey and Glasgow deceased. The plaintiff declared against Dickey, as surviving obligor, and against Dickey and Gaston as executors of Glasgow.

<p>Trespass for an assault and battery.</p> <p>The defendants pleaded, severally, not guilty.</p>

<p>Trespass and false imprisonment.</p> <p>Plea — Not Guilty.</p>

<p>After the jury are sworn in an inquiry of damages, the defendant cannot be admitted to plead to the action without an affidavit of merits and payment of costs. In an inquiry of damages, the question is how much, and not whether any damages are to be awarded.</p> <p>INQUIRY OF DAMAGES.</p>

<p>Evidence need not be given of facts agreed by the parties. Plaintiff gave parole evidence of a suit before a justice, without producing a transcript-held that he could not object to the same kind of evidence on the part of the defendant. The plea averred that plaintiff was “sworn on the holy gospels of God”— held that the words “ on the holy gospels of God” might be rejected as surplusage.</p> <p>ACTION ON THE CASE FOR WORDS — PLEAS, NOT GUILTY AND JUSTIFICATION.</p>

Action on the case for words. The declaration was as follows: “Thomas Barrett complains of John Jarvis in a plea of the case, &c., for that whereas, he, the said Thomas, is a good, true, honest, white citizen of this State, and until the speaking and publishing of the false, scandalous, and defamatory words hereinafter mentioned, was as such received, respected and associated with, by all his neighbors and acquaintances, and was never accused, or suspected of being a mulatto…

<p>Surety in a bond may recover in equity of the administrator of the principal, what he has been compelled to pay.since the death of the principal.</p> <p>IN CHANCERY-DEMURRER TO PETITION.</p> <p> [The substance of the petition is stated in the opinion of the Court.] </p>

Plea, not guilty — trial to the court. The case was submitted without argument, on the following agreed facts: — “ It is agreed that the defendant Gillingham, is a justice of the peace, and the defendant Bruce, a constable; that the property taken and sold of the plaintiffs, was taken on an execution issued by Gillingham against the plaintiff, on a suit before that time had before him, between the State of Ohio, and John Downard and wife; that the constable was forbidden to…

The declaration was as follows: — “John Coulter, and John G. Young, late of the said county of Columbiana, yeomen, were summoned to answer the State of Ohio in a plea of debt, that they, the said John and John G. render to the said State of Ohio, one thousand dollars, which they owe, and unjustly detain, &c. for that, on the 3d day of July, 1816, at the town of N. Lisbon, in the county of 0, aforesaid, ata justice’s court, holden by and before D. S. Esq. one of the justices…

On trial, it appeared that the plaintiff, on his way over the mountains, came to the defendant’s inn with his horse, and stayed all night as a guest. In the morning, it was discovered that the plaintiff’s horse had been kicked by another horse in the stable, & was too much lamed to travel. The defendant offered his horse to the plaintiff to perform his journey, which offer was accepted. The plaintiff proceeded on his journey, and left his own horse with the defendant.

The plaintiff, Means, brought a suit vs. Smith, before a justice of the peace, and recovered a judgment for $26 62 damages and $1 60 costs. Smith appealed to the Court of Common Pleas, and Goodenow was bail on the appeal in the sum of $63. In the court of common pleas, Means recovered a judgment against Smith, of $60 damages and $10 12 costs, which, remaining unsatisfied, this suit is brought.

“ On the first day of May, 1817,1 promise to pay J ohn Moreland, “ or order, two hundred and ten dollars, and sixty-six cents, in ehar- “ tered paper, for value received; as witness my hand and seal, this “sixth day of May, 1816. Pat.

The defendant put in the following plea in bar, viz. “And the said J. S. for further plea, the leave of this court being first had and obtained, and under the statute in such case made and provided, and protesting as to the wounding in the said declaration mentioned, saith, that the said P. B. ought not to have and maintain his aforesaid action against him, because he says that long before and at the time when the supposed trespass and assault and battery should have been…

“State of Ohio, Tuscarawas Oounty, ss. At a court of common pleas, began and held at New Philadelphia, in the county of Tuscarawas, on Tuesday, the twenty-fourth day of March, in the year of our Lord, one thousaud eight hundred and eighteen, the grand jurors of the state of Ohio, for the body of the county of Tuscarawas aforesaid, in the name and by the authority of the state of Ohio, on their oaths and solemn affirmations, do present and find, that Michael Smith late of the…

The declaration set out the bond and condition; the bond was in the usual form: the condition, after reciting that the plaintiff had obtained a judgment against the defendant, Hánlan, in the common pleas of Stark county, and that the defendant had obtained the allowance of an injunction, provided that the bond should be void in case the obligors should pay all monies and costs due, or to become due, to the obligee, the plaintiff in the action at law, and also all such costs…

1st Count, indcbatitus assumpsit for goods sold and delivered. 2d Quantum meruit for goods sold and delivered.

The writ in this case, issued 26th June, 1817, returnable to the next September term of this court — the Sheriff returned on the writ that he “had attached all the lands, &c. of John Wilson, for the Farmer’s bank of New Salem, subject to an execution in favor of the Columbiana Bank of New Lisbon,” but no inventory and appraisement was annexed to and returned with the writ.

<p>MOTION FOR A NEW TRIAL.</p>

Plea, not guilty. This was an action for slanderous words, to which the defendant pleaded not guilty. The plaintiff proved the speaking of the words, as laid, and which imported a direct charge of a slanderous nature.

The plaintiff declared in assumpsit, for $500 had and received by the defendant, to his use, &c. Plea, non assumpsit, and issue to the country.

<p>^ th® de°Iaration is upon a cause of action subsequent to the date of the writ judgment will be arrested, it being a defect not cured by verdict.</p> <p>ACTION FOR SLANDEROUS WORDS.</p>

The return to the certiorari contained the following transcript, viz. “Joseph Stephenson vs. James Means. Sum’s. 12| Conste. 15 1 Sup. 10 Judgmt. 25 Exn. and Satn. 35 Transct. 30 2 Transct. 30 1818' — April 8th Sums, debt $60 00 Thos. Hazlet Const, serv’d 9th Int. Returnable Tuesday 14th int. 2 o’c. Sup. Nathan Winteringer for plff. ■ April 14th judgment for plff. by default of deff’t. 15th Exn. Thos.

The declaration complained of the defendant for that, whereas, on, &c. at, &c. the said defendant was indebted to the said A. B., C. D. and E. R “Commissioners of Columbiana county,” in the sum of-for so much money before that time had and received by the defendant, to and for the use of the said A. B., C. D. and E. E., “Commissioners of Columbiana county,” and, being so indebted, the defendant after-wards, to wit, on, &c. at, &c. in consideration thereof took upon himself,…

The scire facias set out the proceedings in an action brought in this court, by the present plaintiff, against M. Shellenberger, Gr. White and A. Shellenberger, in debt on a joint obligation: the writ was returned, served as to M. Shellenberger, and not found as to White and A. Shellenberger. The plaintiff declared against M. Shellenberger, and such proceedings were had, as that a judgment was entered up against him at the last March term.

<p>The defendant cannot demur generally, and plead to the whole declaration.</p> <p>The statute allowing double pleading, extends to actions on penal statutes.</p> <p>DEBT, QUI TAM. GENERAL DEMURRER, AND NIL DEBIT.</p>

Plea —N on-assumpsit. This was a suit brought on a note of hand charged to have been made by the defendant, payable at the bank of St. Ciairsviiie to John Stoakes or order, and endorsed by Stoakes.

The Indenture declared on, was one by which the plaintiff, by and with the consent of his father, put himself apprentice to the defendant to learn the trades of a little wheel right and Windsor chair maker, to serve from the 9th of January 1815 for three years.

The defendant had purchased a quarter section of land of the pltff. at $ — • per acre, a conveyance had been executed and the deft, put in possession of the land. This suit was brought on one of the notes given to secure payment of the purchase money.

The testimony on the part of the plaintiff, was, that he had lived on and cultivated part of a section of land, which was the property of one Foullcs; he had taken possession and held it without any license or permission from Foulks, for about seven years; a cart way from the fields he cultivated to the highway, had formerly been cut out and used for some years; that, two or three years ago, the road in question was opened from, the same field to another highway; since which…

“State of Ohio, Belmont County, ss. — Court of Com. Pleas, July term, 1818. — Jeremiah Peairs complains of Alexander Harrah, in a plea of the case, that, whereas he the said Jeremiah, is, a good, true, faithful and honest citizen of this state, and as such, has always hitherto lived and conducted himself, so that he had deservedly obtained the good opinion of all his neighbours; and never, until the speaking and publishing the false, scandalous, malicious, and defamatory…

The bill states, that some time previou s to the month of January 1809, one John Simmons, whom, &c. obtained a judgment against the complainant, in the county court of Ohio, Virginia, for about six or seven dollars damages, which, with costs, amounted to about $25— that one John Clark, whom, &c. undertook to settle said judgment for complainant, after he had been sued upon it, before Thomas Thompson, Esq. and a judgment for $25 16 rendered against him.

This was an action of debt brought on a note of hand under seal, of the following tenor, viz. “ On or before the first day of the third month 1818,1 promise to pay, or cause to be paid, unto John Sarchett, his heirs or assigns, the just and full sura of one hundred and sixty seven dollars, in good and merchantable whiskey, at cash price, delivered in Cambridge, for value received. Witness my hand and seal, this 12th of 11th month, 1816.

<p>This was an indictment for larceny, tried at the last term; the jury returned a verdict of guilty; whereupon</p>

The declaration, after stating the good character of the plaintiff in the usual form, proceeded, “ And whereas also, before the committing of the several grievances by the said Mathew, a certain controversy had arisen between the said Robert and one Nelson Heardin, which said controversy had been by them, the said Robert and Nelson, submitted to the award and final determination of A. M., J. L. and the said Mathew Patterson, arbitrators chosen and agreed upon by them the…

<p>When an execution is levied upon the whole of a certain tract of land, and it is appraised at a certain sum per acre, such levy and appraisement is sufficiently certain, although the quantity of land is not stated in the return.</p> <p>A writ of venditioni exponas must set forth the execution on which the levy was made and the officer’s return.</p> <p>MOTION TO SET ASIDE A VENDITIONI EXPONAS.</p>

This was an action of assumpsit, in which the plaintiffs declared, that in consideration that the plaintiffs, at the special instance and request of the defendant, would loan to Bogers & Co. the sum of $é25, and give them credit and stay of payment sixty days, the defendant in writing promised the plaintiff to be accountable to them for the said sum of money — that, confiding in such promise, the plaintiffs afterwards, on, &c. did lend the said Bogers & Co. the said sum, and…

<p>Misnomer of the plaintiff can only be taken advantage of by plea in abatement.</p> <p>Acts incorporating towns are public acts.</p> <p>The treasurer of the select council of the town of Steubenville is not a corporation.</p> <p>Bonds given by collectors to the treasurer, cannot be sued upon by the treasurer or his successor.</p> <p>Suits on such bonds must be brought in the name of the corporation only.</p> <p>DEBT ON A BOND — GENERAL DEMURRER TO THE DECLARATION.</p>

It appeared (in evidence to the jury) that the plaintiff had obtained a judgment in this court against the defendant, which the parties met at the Clerk’s office to settle. The defendant paid the amount of it in bank bills, and the plaintiff signed an entry of satisfaction on the record; one of the bills proved to be a counterfeit; the plaintiff applied to the defendant to receive it back and give good money for it; on his refusing, this suit was brought.

By the transcript of the proceedings before the magistrate it appeared that an amicable action in debt was entered before Mr. Brown, a justice of the peace, in Portage county, in which judgment was entered by confession against Laird and Norton, execution issued on the judgment and property was taken and offered for sale; the execution was returned “by order of the plaintiff” “money not made.” Upon a transcript of this judgment, Mr. Webb, a justice of the peace in Stark…

This was an action of covenant on an indenture of apprenticeship, by which Jacob Criss, by and with the consent of his father John Criss, bound himself to the plaintiff for the term of five years, to learn the art, trade, and mystery of a tailor. The breach assigned, was the departure of the apprentice from the service of his master before the expiration of the five years.

This was an action of debt, for an escape of the deft Bowen, from the prison bounds, brought against him and his sureties, on a bond given by them, and conditioned that the said Bowen should remain and continue in the custody of the jailor of said county, within the limits laid off and assigned to said prison, until legally discharged. The defendants pleaded nil debit, and the plaintiff demurred generally to the plea.

This was an action' of trespass, for taking and carrying away some salt kettles, &c. from the plaintiff’s salt works, which was referred by agreement of the parties; and at this time the following award was returned, viz. “ The subscribers, being authorized and appointed by the agreement of counsel hereto prefixed, to arbitrate and determine certain matters in difference between Abraham Cutler and Andrew Brinker, for which an action of trespass has been brought and is now…