Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-12-24
supreme Court of OhiO.



upon the ne it's, without objection 10 the mode
in which jurisdiction was taken, il is too late
after verdict TO make such an objection
2 In an action brought by Supervisor to
recover damages sustained by the travelling
pub 10 ON account Of the deepening of ford on
4 county road, by the elevation Of the damereot-
cd for the use Of a mill on a stream crossed
by the ford, evidence that tine Inconvenience 30
the public would have been removed by change
in the bed Of the stream, which could have been
easily made, and which the defendant, the
owner Of the land and mill, before the com
Of the action, offered TO make, but
was not permitted to make by the Supervisor,
is competent upon the question of damages to
be ascertaiDed and assessed by the jury.
3. The laying out Of state road over the
same ground upon which pant of a county
road was established, does not extinguish the
county ROAD. The two may we'll co.exiet as
to the part occupied in common. for the benefit
of different classes Of the travelling public.
Judgment eversed.
No 20. Doty, Goodwin ct al v Joseph D..
Rigour et al.
No 81 Doty, Hunt ct al. " Joseph D. n.
gour ct al.
Ia error to the Common Pleas of Delaware
county.
SutiH, J. Held
Where in an action and confession of iudg
ment under the code upon a bill of exchange,
with warrant OF attorney attached, the drawees
of the bill are misnamed, the mistake may be
corrected under section 1877 of the code after
Judgment, where the bill of exchange is attach.
eJ TO the pleadings, thereby furnishing the data
by which 10 make the correction.
SO where in such action the bill Of exchange
attached TO the pet ton Is for sixteen hundred
dollars payable to J. ID. and the petition is in
the names of j d aud others, members Of the
firm of j D. Il Co., and describes the bill as for
sixteen dollars, but asks judgment for sixteen
hundred dollars, and judgment is confessed on
warrant of attorney and entered for sixteen
hundred dollars in favor of plaintiffs named in
the petition, such error in describing the amount
of the bill and in the name of the parties, plain.
tifis may on motion, be corrected by reference
to the bill SO attached TO the petition.
The fact that between the date OF the judg-
ment and the amendatory proceedings, petit
ton in error is filed by the defendants in the
judgment does not prevent the correction from
being made, the rule under the code being the
same as it was at common law, to witt that the
amendment may be made at any time before a
suggestion of diminution of record would be
too late, that is, at any time before hnal adir-
dication on error.
Huuue, the fact that tha motion TO amend was
not made until at term subsequent to that at
which the judgment was rendered, and then
continued to another tern, does not prevent The
court in which the mistake occurred from en-.
tertaining motion to correct it, provided the
amendment is made before final adjudication OF
error.
Judgment affirmed
No. 6S. George Bryant We. Caleb s. Good
wins Administrator. Error to District Oouri
Of Lorain county, ..
/. That where prior to the school law o
March Ia, 1853, (Swan's stat s36l) as schoo
district had been duly organized, con sisting OF
parts of two adjoining townships, such district
was not severed by the operation Of section o.
that law, but would still continue a sub distric
under that act until thereafter dissolved, alter
ed or changed as provided in the 10th section
of the same law
2. Whether such sub district could there
alter be dissolved, or changed, prior TO thu
amendatory and supplemental act of April II
1857, (54 Ohio l. +, 236, Sec. 10y by the boar,
of education Of one township, without the con
currence the board Of education for the Othel
township-quereI
8. That prior to the passage of said amenda
tory and supplemental act, no tax could be i'm
| posed upon the portion Of the sub.distTiet lyin
1
house is located, for the purpose of purchasing
the site or erecting such school house.
/, That the Board Of Education, in certify
| ing the amount 10 be paid or borne CxolusVei
| by the sub.district under section SO, of the es
| timated cost Of purchasing the site and erectn
the school house, may impose the entire estimat
and not merely ''pOrtiOn" of it, If in thei
opinion the entire amount is no more than il
| reasonable share OF the burden Of taxation "a
such purposes, in comparison with the othe
sub districts Of said township. Judgment a
irmed.
No. 43 Aaron p. Ashbrook VS.. John. L
Hite. Error to the District Court of FaiIfel
county.
Scott, j., Held that where contract is mad
for tile sale Of a lot of sheep, for a stipulate
price per hundred pounds, to be weighed an
delivered by the vendor at o specified time an
place; fifty dollars Of the price to be paid
hand, aud the residue upon the delivery Of ii
property; and the yendee, after payment of III
fifty dollars in hand, voluntarily and withoI
excuse refuses farther compliance with ii
stipulations Of the contract; and the vendor nr
being in default previously, sells the sheep
other persons, after the time liked for their dc
livery. such resale does not per sc, give ii
yendse right TO regard tina contract as n
scindeI by the consent Of the parties; 30 as
enable him TO recover back the sum paid
: him on the contract, Judgment ofthe DistTit
Court affirmed.
No. l3-Celia Huntington ct al, vs.. Lut
Rogers ct al Reserved in Wood county.
BrinkerholI, @. J.
Where a vendor Of land RECEIVERS judgnsl
against the vendee in possession under the col
tract Of sale for the purchase money unpai
causes the land to be levied on and sold und
exesution at law, himself becomes the purch
ser, takes the Sheriif's deed therefor, and ente
into possession; and the vendee thereupon tel
ders the balance due upon the original contra
of sale after deducting the amount Ostensib
made by the Sherff's sale, and files his petite
TO compe. specific performance Of the origin
contract for the conveyance Of the land. Hell
That, on this state Of fact; decree for speeii
performance will be denied.
Plaintiff has Leave TO amend petition in six
days, and in default thereof petition dRmifse
Scott, J. did not sit in this case.
No. 27. Daniel Foster vs. COumissioneFs
Wood county. Reserved 10 tlIe District Oou
Of Wood county
Gholson, THE act Of tho General Assemb
''authorizing county commissioners TO gra
further time for the completion Of Free Tur
pike Roads, and paying for the same, /" pass
May lst, 1854, is not repugant TO the prese
Constitution.
Il junction dissolved and bill d smissed.
No. 23 Mary Parish vSVDaniel Parish. II
served from Brown County.
% Peck Held that decTee from the bond
matrimony. although obtained by fraud Al
N false testimony, cannot be set aside on an orl
A 4 - -. Nasu "