Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-12-15
supreme Court of Ohio.
TUESDAY, Dec. 10, 1879.
GENERAL DOCKET

GENERAL DOCKET.
! George G. Gebhart ct al .. Margaret Sorrols
Administrators of William Sorels ct al.
In error to the District Court OF Plckaway
County.
Gholson, J. Held
l. An answer stating n defense under the
9th Section of the Act TO r,srlin Banks from
taking usury, which omits to dlpcCse the facts
and circumstances showing reason To believe
that the dTa ors Of bill Of exchange discounted
would not be pTeparol to pay the same at the
time ol payment, Is not detective upon the gen
eral demurrer. fthe purposes of justice should
81 require, the Court would have a discretion,
upon motion for the purpose, to require the
| facts and circumstances relied on, to be discOs
ed in the pleading.
When an answer TO an action on a bill of ex-
change brought 10y an indorser relies on IN il
Legality in tho contract between the original
parties ordinarily some statement affecting the
Iitlc Of the plaintiffs required; but when the
pet ton itself discloses f5cts from which it
might be inferred that the plaintiff was not a
holIer Tor value in the usual course of trade the
defendant is entitled to the benefit of the adj
| missions in the petition to sustain his answer
( against general demurrer
| Judpm' mt reversed
Enos Van Camp Board of Equalization of
incorporated village OF Logan, Hooking county,
Ohio. Error to District Court of Hooking
county
Peck j. Held.
l. That the statute ol March l4lh, 1853, "to
provide for the reorganization, supervision and
maintenance of Common Schools, is law OF
classification and not of exclusion, providing for
the education Of all oulhs within the prescrib-
cd ages, and that the word, "whte" and "co.-
uTed' as used in said act, are used in their pop.
| al r and ordinary sipnifcatiun.
2 Thatlhe children of African and white
blood, but who are distinctly colored, and gen,
! orally treated and regarded as culored children
by tue community where they reside are not
as " right entitled to admission into The com
mon schools, set apart under said act for the
instruction OF white youths.
BriukcrhUii, q. j., and Sutitf, j., dissented
Caluu and Scrbner for use, etc. . Gilbert
Webster In error to the District Court o
Ashtabula county.
Sutlin, j. Held.
/. In attachment proceeding, the garnshet
is not, during the pcndency OF the same, thereby
necessarily exempted from an existing liability
to pay interest upon his indebtedness to the
defendant in attachment.
=. A cause of exemption in snch case, will
not be presumed in favor of the garnshee, bu
must be shown to exist like any other defense
Smrges and Hale O. T. G.. Williams Erroi
to the District Court Of CuyahOga county
Scott D., Held
When noto, payable generally, is made ant
indors I'd in Ill nk for the accommodation of Ia,
maker, and at the time OF its discount is altered
without the knowledge or consent of the in
dorser, by the intcrlneaton OF particular place
OF payment, such alteration is material and dis
charges the indorser
/, Judgment Of District Court affirmed
David Wilson q John Stillwell Error {,
Superior Court of Cincinnati.
BnnkeHhoil, Q. j. Where S fetrinl
member Off firm, took from his a;e partner I
bond, vi h w. as surety thereon, cOnditono,
that 4. would pay all the debts of the late firm
which condition was broken.
Held
l. That S without having first paid any @
said debts, or been otherwise specially demn
lied, is entitled to recover on said bond agains
, the obigors therein, 10 the amount OF such debt
remaining unpaid, -l4
2 In such action it is proper that the cred
tors ofthe firm should be made parties, an
that the UouIt should, in the judgment, author
! ize tho application Of the amount recovered {
! { payment of the debIn oithe firm in diseharR
If he judgment.
q Judgment affirmed.
john Moore, o. Arthur Crawford. In error
the District CoGH Of Muskingnm county =
Passed Tor want OF briefs .- ~