The daily press. (Cincinnati [Ohio) 1859-1859, 1859-03-17
LAW REPORT.
SUPERIOR COURT.

QUESTION AS TO TAXATION or CosTs.--Neh' 8
Executors Us. Neff's Heirs. Judge Storer de-
liyered an opinion in this case. The question
was as to the taxation OF costs-whether they
should be all borne by the common fund, or
portion be charged to one of the defendants. A
petition had been filed by plaintiffs to obtain
judicial construction Of the will of VIM. Nef,
and the Court held that, in the main, the ground
assumed by the defense was the only tenable
one, and ordered the executors TO proceed and
sell the real property Of the testator, and thus
give to defendant his share at once, without
further postponement If, upon equitable prin-
ciples, the Court could charge the costs on the
whole estate, under the construction given to
the will, il would be their duty to do so.
After citing great many cases, the Court
remarked that it was clear, under these autho-
rites, that wheN the question as to the divi-
sion Of the fund was complicated by the trust,
and when in such a duty, as to the powers or
the mode in which they are to be executed, 1t
became necessary to take the opinion of the
Court in relating to the equities involved, all
the costs are charge on the common estate.
This principle, however, must be so far con-
trolled as to forbid its application where the
devisees litigate questions cautiously, or with
out reason. But where las in this CASEY the
points in controversy are discussed by all the
parties, and the counsel derives light from the
arguments of both, and DEGREES on principles
admitted by both, and differing only in the
mode of application, the Court could then have
no hesitation in allowing the costs as a charge
on the whole estate. In this case now before
the Court, ST. 200 would be allowed to be equally
divided between the counsel on either side
(Tilden, Rairden & Tilden, and Worthington
Matthews)-to include all professional ser
vices from the filing of the petition to the final
decree Of the cause.
j. w. Owens vs. l.. j. Hickman. suit for
rent and possession, in which the Court held
that the premises being out of repair, was no
defense to the action, and sustained the demur-
rer to the answer.
Dodd &c Huston for plaintiff Corwine for
defense.
COMMON PLEAS.
APPLICATION FOR DIvoRCB-GooD ADvlcE.--
0'Hara ps. 0'Hara.-A petition fled against
| the husband on the ground of willful absence.
One of the witnesses, native of Ireland, who
| rejoiced in a rather strong brogue, said to the
Court, "My own husband left me, sir; but de-
| termined not TO get divorce until God gave il
to me-and, sure enough, he did give it to me,
\ for my husband died soon afther, and married
agin. Now, that was my advice to Mrs.
| 0'Hara."
Judge Dickson held the case under advise
| ment.
BEcKLEY's TR1AL-THIRD DAY.-The trial OF
II
Fugaoci, proceeded yesterday before Judge
Carter. Three witnesses, called by the State
recognized the pistol produced as one they had
seen in the possession Of Beokley. They un
dertook to identify it from general appearances
]. Whitlesee was asked by Mr.. Kerr, on thu
part of the State, whether he knew of any ef
forts being made by the defendants uncle ant
father to buy off witnesses to leave the city.
Judge Spooner objected to the question OF
the ground that the foundation had not beel
laid for it by showing that the father and uncl
were the authorised agents of the prisoner.
| Mr.. Kerr contended that they had acted il
such o capacity.
The Court sustained the objection.
| The testimony has not closed-some fort.
witnesses having been subpenaed by the defens
(about thirty as to oharaoter,) who have to b
examined to-day.
Besides the father and uncle of the prisoner
who have not left his side since the commence
ment of the trial, his mother and four sister
and two or three female cousins, all very hand
somely dressed, were present during the day