Volume 18 — Ohio State Reports

This is a writ of error to the Court of Common Pleas of Trumbull county. The original action was in assumpsit, prosecuted by Miller against Acheson. The declaration contained the common counts, to which the defendant in that case interposed the plea of the general issue.

This is a writ of error to the Court of Common Pleas of Hardin county. Suit was brought in the court below, upon the bond of Good-in as treasurer of Hardin county, against him and his sureties in the bond.

This is a writ of error to the Court of Common Pleas of Washington county. The indictment charged the plaintiff in error with willfully and maliciously setting fire to, and burning fifty stacks of wheat. On the trial, the only witness examined, testified that he saw the defendant, Sarah Denbow, setting fire to divers shocks of wheat, standing in rows in the field where it grew.

<p>This is a bill in chancery, reserved in Williams county.</p> <p>The bill sets forth the existence of three judgments recovered upon county orders, in the court of common pleas of Williams-county, against the commissioners of that county; one in favor of Baker and Kitridge, another in favor of Penniman, and a third in favor of Boalt, amounting in the aggregate to something over $2,600. The bill -further states that executions upon the several judgments have been issued, and returned unsatisfied, and that the county of Williams has no property subject to execution; that it owns claims and choses in action, one of which is against Defiance county, and accruing at the time when that county was created, under a provision in the act subjecting that part of the territory of Defiance which had been taken from Williams county, to the payment of a certain proportion of the debt of Williams county, and directing the authorities of Defiance county to levy an annual tax upon the-part so taken from Williams ; and in that manner, in a course-of years, to pay all its proportion of the debt; and further directing the authorities to issue in anticipation, orders upon the treasury of. Defiance county for its proportion of the debt, with interest, payable in ten years from the date of the act. The bill furthér states that Paulding county is indebted to Williams county in an amount over five hundred dollars, for which an order has been issued and deposited in the hands of William A. Brown. The bill prays, amongst other things, that steps be taken to adjust the balance due from Defiance county, and that the commissioners of Defiance county be compelled to issua their order for the amount of their debt to Williams county] and that these orders of Defiance and Paulding counties be sold at public auction to the highest bidder, and the money accru ing from the sale to be applied towards the extinguishment of the above named judgments. The bill further states, that John A. Bryan is indebted to Williams county, and prays that this ■debt may also be applied on the said judgments, and for general relief. Some of the defendants have answered, and others have demurred.</p>

This is a bill in chancery, reserved in Clermont county. The bill in this case sets forth that the complainant, who sues for himself and other owners of real estate in the town of Williamsburgh, in the county of Clermont, is seized and possessed of 'Sundry lots of land in said town, designated on the plat thereof as in-lots numbered 323, 325, 329, 330, 331, 332 and 333, and situated near to, and one of them immediately adjoining, a tract of land, of about five acres, known…

This is a writ of error to the Supreme Court of Fayette county. The question decided sufficiently appears m the opinion of the court.

<p>This is a writ of error to the Court of Common Pleas of Stark county.</p>

This is a bill in chancery, reserved in Hamilton county, and is submitted upon demurrer.

This is a writ of error to the Court of Common Pleas of Clinion county. The action below was ejectment. It was tried by the court, without the intervention of a jury, and judgment rendered for the defendants.

This is a writ of error to the Court of Common Pleas of Brown county. The facts, as they appear from the pleadings, and the bill of exceptions, are substantially as follows: On the 25th day of October, 1847, the Ohio Life Insurance and Trust Company instituted the present action against Thomas McCague as drawer and indorser of a bill of exchange for six thousand dollars, drawn upon and accepted by Eli Collins, and protested for nonpayment.

This is a writ of error to the Court of Common Pleas of Columbiana county. The action below was debt, brought by the defendants in error on a promissory note under seal, made by Brown, the plaintiff in error, the defendant below, to John Nessly or assigns, for f1,168.80, dated November 1st, 1841, and payable on the first of the next April.

This is a bill in chancery, reserved in Fairfield county. The bill sets forth, that on the 14th day of April, 1837, Henry P. Galloway, and Henry T. Myers, by the name and ■style of Galloway and Myers, made to the defendant Farring-_ ton - their promissory note for one thousand and forty dollars, payable six months after date, which note the complainants ■signed with the said Galloway and Myers, but it is alleged that they were securities merely, and that this fact was well…

This is an appeal from the decision of the auditor of state,, taken to this court, under the provisions of the tax law of March 2d, 1846. The case made is as follows: Eliza Wetmore, the appellant, is a resident of the county of Franklin.

This is a writ of error to the Supreme Court for Lawrence county. The original action, which was commenced in the court of common pleas of that county, was in assumpsit. The action was brought by Cumpston' against Lambert. The declaration contained nine counts. The defendant demurred to all the counts, and the court of common pleas sustained the demurrer. The case was taken to the supreme court on and' the judgment of the court of common pleas affirmed.

<p>In a suit in the name of the state against an individual to recover a penalty incurred by a violation of the canal law, a collector of tolls, who has instituted the prosecution, is a competent witness, notwithstanding he may be liable in damages to the party aggrieved, where he has commenced the suit without probable cause.</p>

This is a writ of error to the Court of Common Pleas of Columbiana county. The original action was trespass, brought by Stevens against the plaintiffs in error, to recover damages for setting adrift his wharf-boat, which he had fastened to the shore of the Ohio river at Wellsville, in said county.

This is a writ of error to the Court of Common Pleas of Columbiana county. The plaintiff in error was indicted for rape, and for an assault with intent to commit a rape, and convicted and sentenced upon the latter charge. Three bills of exceptions were taken during the progress of the trial.

This is a writ of error directed to the Court of Common Pleas of Scioto county. The original action was prosecuted to recover the possession ■of a certain tract of land in Scioto county, to which both parties claim title under patents from the United States. The declaration is in the common form, and issue joined upon the plea ■of not guilty. The case was submitted to the court of common pleas without the intervention of a jury, upon an agreed statement of facts.

This is a bill in chancery, reserved in Ashland county. The bill was filed by the complainant, as administrator on the estate of Catharine Dixon, who died intestate, on the 2d day of November, 1845, for the purpose of determining the rights of Joseph M. Dixon, the surviving husband of said Catharine, and his assigns, to sundry choses in action which belonged to said Catharine before marriage.

This is a bill of review, reserved in Columbiana county. Held: and that property thus situated was not incumbered, within the meaning of the appli cation and policy. The defendant demurred to the original bill, and now demurs to the bill of review.

This is a writ of error to the Court of Common Pleas of •Trumbull county. The original action was assumpsit, brought by Sutliff against Acheson. The case was submitted to the court upon an agreed statement of facts, and judgment rendered for the plaintiff. So much of the agreed statement as is necessary to an understand ing of the case, is found in the opinion of the court.

This is a writ of error to the Superior Court of Cincinnati. The action below was assumpsit, brought by the Lafayette ■Bank of Cincinnati against Lonsdale & Gray. The plaintiff -counted upon two bills of exchange drawn by E. Carter & Co. upon Lonsdale & Gray, one for $1,150, dated March 23d, 1846, the other for $1,300, dated March 28th, 1846, both •payable in sixty days. The declaration charged the defend-ants as acceptors, and upon their promise to accept.

This is a writ of error to the Court of Common Pleas of Lucas county. The plaintiff in error was tried in the court of common pleas of Lucas county, on an indictment charging him, in the two first counts, with shooting at George Lewis, with a loaded pistol, with intent to kill and murder. In the third count he is charged with an assault, with intent to murder; and in the fourth count with a simple assault and battery.

This is a bill of review reserved in Butler county. The bill is filed to reverse a decree of the supreme court for Butler county, entered at the May term, 1849. A statement of the case will be found in the opinion of the court.

This is a writ of error to the Court of Common Pleas of Hamilton county. The suit below was brought against the plaintiffs in error, to recover the amount due on certain notes issued by the Cincha nati and Whitewater Canal Company.

This is a bill in chancery, reserved in Lucas county; The hill was filed in the common pleas of Lucas county, to injoin the collection of a tax assessed by the city council of Toledo upon real estate of the complainant, lying within the limits of the city.

This is a writ of error to the Supreme Court for the county of Tuscarawas. The original action was forcible detainer before a justice of the peace.

This is a writ of error to the Superior Court of Cincinnati. The original action was assumpsit, the declaration containing the common counts. The case was submitted to the court, issue having been joined upon a plea of the general issue. Upon hearing the evidence offered by the plaintiff, the court, on motion of defendant, directed a judgment of nonsuit, whereupon the plaintiff tendered a bill of 'exceptions, which was allowed by the court and made part of the record.

This is a writ of error to the Court of Common Pleas of •Jefferson county. Sutcliffe, who is the plaintiff in error, was plaintiff in the court below in an action of replevin, which he brought against Dohrman. By virtue of the writ in the case, he was put in possession of 55,000 bricks which were delivered to him by the sheriff. These bricks were appraised, as appears by the ■sheriff’s return, at $3.50 per thousand, the value amounting to $192.50.

This is a writ of error to the Court of Common Pleas of Lucas county. The original action was assumpsit, under the act of Feb. 26, 1840, entitled “ an act providing for the collection of claims against steamboats and other watercraft, and authorizing proceedings against the same by name.” The declaration contains the common counts for work and labor, etc., to which the defendant plead general issue.

This is a writ of error to the Court of Common Pleas of Cuyahoga county.

This is a writ of error to the Court of Common Pleas of Brown county. The principal facts in the ease are as follows: .On the 8th of May, 1838, Marcus Dennison was appointed, by the court of common pleas of Brown county, administrator, with the will annexed, of the estate of Joseph Potter, deceased. Peter O’Conner and William Middleton, who had deceased before the present suit was brought, became Dennison’s sureties, on his administrator’s bond.

<p>This is a writ of error to the Court of Common Pleas of Summit county.</p>

This is a scire facias reserved in Morgan county. The action is commenced by the Mount Pleasant Bank, which seeks to be made party to, and have execution upon, a judgment rendered by this court, at the November term, 1843, in the county of Morgan, at the suit of the State of Ohio, for the use of Nathaniel Haines, against the defendants, as the securities of Charles E. Alden, former sheriff of said county of Morgan, upon his official bond.

This is a writ of error to the Supreme Court for Logan county. The original action was assumpsit.

This is a bill in chancery reserved in Richland county. The bill alleges that the complainant is a son, and one of the heirs, of Jacob Painter, late of said county, deceased; that on the 20th of December, 1835, said Jacob, his father, made his last will and testament, the items of which, so far as they affect the construction of the will, are as follows : “ Item 1st. I give and bequeath to my beloved wife, Christiana Painter, the third of my estate during her widowhood^ but…

This is a writ of error to the Court of Common Pleas of Morgan county. The case was reserved for the purpose of settling a question of practice.

This is a bill in chancery reserved in Butler county. The hill is filed by Levi Richmond, administrator, with tho will annexed, of Ann Barkaloo, against Jacob Emerick, James Harding, David Young, John Barkaloo, Jaques Barkaloo and Thomas P. Barkaloo, and is submitted upon bill, answers, replications, exhibits and testimony.

This is a bill of review reserved in Hamilton The bill was filed to reverse a decree rendered by the supreme court in Hamilton county, at the April term, 1841. The original bill in the case was brought by said Urmston against ■■said Mary Nolan, the heirs of Bartholomew Nolan and the heirs •of William Barr.

This is a writ of error to the Superior Court of Cincinnati.

This is a writ of error to the Court of Common Pleas of Pickaway countj. At the July term, A. D. 1848, of said court, Solomon Ducher was indicted and tried under the 14th section of the act for the punishment of crimes, for breaking and entering the dwelling house of one Sarah Bowen, in the night season, with intent to steal, etc. The prisoner was convicted and sentenced to the penitentiary for seven years.

This is a bill in chancery reserved in the County of Hamilton. The bill is filed for the purpose of enjoining the city of Cin cinnati from collecting a special tax levied on the property of complainant, to pay the expense of lighting the street in front of his property with gas.

This is a writ of error to the Superior Court of Cincinnati. The original action was ejectment for the recovery of a part of lot No. 228, according to the original survey of the city of Cincinnati. The common consent rule was entered into by the defendant, and the plea of not guilty filed. The cause was finally tried by a jury at the January term of the superior court, 1849, and a verdict returned for the defendant.

This is a writ of error to the Supreme Court for the county of Summit. The' original action was assumpsit, brought before a justice of the peace on the following contract: “ Akron, 0., Feb. 14,1846. “ Due J. Gale, or bearer, three cases of brass clocks, to be delivered on the opening of navigation, for value received: each case to contain six clocks, 0.

This is a bill in chancery, reserved in Muskingum county. This bill was filed for the purpose of obtaining the direction of the court as to the distribution of the personal assets of the intestate amongst his heirs, and suggesting, inter alia, that William R. Putnam, a son of the intestate, died before the intestate, leaving two infant daughters his heirs. He was in solvent, and no administrator was ever appointed. Edwifi Putnam died intestate.

This is a writ of error to the Court of Common Pleas of Knox county. The original action was ejectment, in which judgment was rendered for the defendant, the case having been submitted to the court without the intervention of a jury. A motion for a new trial was submitted and overruled, and it is alleged that the court erred in giving judgment for the defendant, and in overruling the motion for a new trial.

This is a writ of error to the Supreme Court for Montgomery county. The action below was ejectment, in which the lessor of the plaintiff claimed title as the heir of Joseph Brown, deceased, and the defendant, through the administrators of said Brown. The facts are not disputed. Joseph Brown died in 1823,. intestate, leaving four children his heirs, of whom Catharine, the lessor of the plaintiff, is the youngest.

This is a writ of error to the Superior Court of Cincinnati. The original action was trespass, brought by Logan against the steamboat Clipper, for wrongfully running into and damaging the steamboat Mail, while navigating the Ohio river, on the 20th of March, 1844. The case was tried at the June term, 1848, when the jury returned a verdict for the plaintiff, upon which a judgment was rendered.

This is a bill in chancery, reserved in Madison county. The object of the bill is to enjoin a judgment in ejectment, recovered by the defendant against the complainant, and to compel the defendant to convey or release to the complainant all his interest in the land recovered in the ejectment case.

This is a bill in chancery, reserved in Lncas county. The facts, sufficient for an understanding of the case, are stated in the opinion of the court.

These two cases, involving in many respects similar principles, are bills of review reserved in Clermont county. The first is a bill seeking to review a decree, entered in the supreme court of Clermont county, at the. April term, 1887.

This is a bill in chancery, reserved in Muskingum county. The facts are these: Ramage had the legal title to lot No. 14, and an equitable title to lot 39, ir. the town of Zanesville. He conveyed by mortgage, recorded October 10th, lot 14 to Wilson. He also assigned the title bond, by which he held lot 39, to Wilson to secure the same debt secured by the mortgage.

This is a writ of error to the Supreme Court for Hamilton county. Alexander Adie, in his lifetime, commenced an action of ■ debt against the plaintiffs in error, in the superior court of Cincinnati. The declaration alleges that Adie, on the 12th day of December, 1842, filed his bill in chancery in “ the Louisville chancery court,” against said Moore and Green and one Benj.

This is a writ of error to the Supreme Court for Muskingum county. The action before the court of common pleas was assumpsit, on a bill of exchange, which had been drawn by the defendant Kelley and Edmund H. Rix, made payable to Eew, the plaintiff.

This is a bill in chancery, reserved in Fairfield county. The case was commenced in the court of common pleas, where the bill was dismissed, and comes before this court by appeal. The facts are fully stated in the opinion of the court.

This is a writ of error to the court of Common Pleas of Hocking county. The action below was brought upon a policy of insurance issued by the Portage County Mutual Insurance Company to the defendant in error, insuring a store of goods to the amount of $1,500. The store insured was situated, and the insurance effected, in Hocking county. In February, 1848, the goods were destroyed by fire.

<p>Where a bill in chancery is filed against an insurance company to compel it to issue a policy of insurance upon a contract previously made, such bill cannot be sustained unless there is conclusive proof that such contract was actually made. If the matter is left in doubt upon the whole evidence, the bill must be dismissed.</p>

This is a writ of error to the Court of Common Pleas of Jefferson county. Held: then and there unlawfully did discharge and shoot off to, against, and upon, the said John Johnson; and that the said John Sutcliffe, with fourteen leaden shot aforesaid, out of the gun afore said, then and there by force of the gunpowder aforesaid, by the said John Sutcliffe discharged and shot off, as aforesaid, then and there…

This is a bill in chancery, reserved in Hamilton county. Gury filed a bill in the court of common pleas of Hamilton county against the defendants, under the act to amend the act directing the mode of proceeding in chancery, representing Tannenwald as his debtor, and Cohen as having in his possession goods belonging to Tannenwald, or as being indebted to him.

This is a writ of error to the Supreme Court of Brown county. The writ was allowed for the purpose of bringing before the court the act of 1831, (Swan’s Stat. 255,) and of settling the construction of that part of the first section which prohibits, under a penalty, common labor on Sunday. The defendant, Dugan, brought an action of assumpsit against Sellers to recover damages for the breach of a contract for the delivery of four hundred bushels of corn.

Tms is a writ of error to the Supreme Court for Champaign county. The original proceeding in the court below was by foreign attachment.

This is a bill in chancery, reserved in Hamilton county. The bill charges that Thomas Hughes, formerly of Hamilton county, died in 1824, leaving a will, by which he devised cer tain property for the support of schools for destitute children in Cincinnati.

<p>The charter of the town of MeConnelsville authorizes a tax for the improve ment of streets, etc., upon all the land embraced within the limits of thft corporation.</p>

<p>Where a father has made advancements in money to a portion of his children, such advancements cannot he taken into account on a partition of his estate among his heirs.</p>

<p>Where the testator provides in his will that his wife “ shall have her maintenance off of the farm devised to his son Joseph, while she lives, * * that the said Joseph is to let her have the house while she lives; and that he, moreover, is to furnish her with everything necessary for her comfort while she lives,” if the widow shall refuse to occupy the mansion-house and receive her support on the farm, hut prefers to reside elsewhere, it will he the duty of the son charged with the maintenance, to pay her whatever sum it may he considered worth to support her on the farm, and no more.</p>

This is a writ of error to the Court of Common Pleas of Ashtabula county. The original action was trespass, brought by Hatch against the defendant below, the plaintiff ir error, for taking and carrying away, and converting to his own use three hogs, the property of the plaintiff.

This is a writ of error to the Court of Common Pleas of Lucas county. The action below was brought by the present plaintiff against Grange and William Gaily,-to recover rent reserved in a lease for certain real estate. The lease is under seal, dated February 9th, 1837, and is for the term of three years. Process was issued against both Grange and Gaily, but was returned not found as to Gaily.

This is a writ of error to the Court of Common Pleas of Miami county. The action below was assumpsit, brought by the present plaintiffs against the defendant. The declaration was demurred to, the demurrer sustained, and judgment rendered against the plaintiffs; and this is the error complained of.

This is a writ of error to the Supreme Court for Hamilton county. The original action was commenced in the court of common pleas of Hamilton county, for the recovery of a quarter section of land, where judgment was given for the defendant below, and the defendant in error. The case was taken to the supreme court on error, where the judgment of the common pleas was affirmed, and this writ is prosecuted to reverse the judgment of the supreme court.

This is a bill in chancery, reserved in Trumbull county. The bill is filed for the purpose of canceling a mortgage, and certain notes given by complainant to defendant, which are alleged to- have been obtained by the defendant without consideration, by means of threats, and putting the complainant in fear of a criminal prosecution, for perjury. The transactions out of which the difficulty arose, commenced in January, 1837.

This is a petition for dower, reserved in Miami county. The petitioner represents that she is the widow of Jonah Taylor, late of Miami county, deceased; that during coverture the said Jonah Taylor was seized as an estate of inheritance of the south half of the N. E. quarter of section 24, township 7, range 5, east, in Miami county, in which the petitioner is entitled to dower; and that Cary A. Fowler, the defendant, now holds the estate of inheritance, by virtue of a decree…

This is a writ of error to the Court of Common Pleas of Montgomery county. The action below was debt, upon a joint promissory note, under seal, for $800, signed by George and Christopher Morningstar, made payable to C. C. Emerick, and by him indorsed to the plaintiff when it was over-due. The declaration contained a special and the common counts. The defendants severed in their pleas. Christopher Morningstar pleaded, 1. The general issue. 2. Infancy. 3.