The daily press. (Cincinnati [Ohio) 1859-1859, 1859-04-14
LAW REPORT.



CIVIL sIDE.-Butterfeld vs. the City Of Cincinnati
This case was decided 10y Judge Dickson, The plain
tin was surety for Fries on his bond ~ Wharf aser
Judgment was obtained AGAINST Fries and piaintif
superior ,n @ 0SSrtN1 1ond li for money that had
Join the city from procecd1g against BGtterfeid, on
the ground that Fries, before the Judgment was OBJ
Illinois 70 o. j. w. Smith, for the benefit of the city.
The II surety claims that the city should be compelled
before coming upon the surety. To this petition the
Il was held by tho Court that the demurrer was
well taken, that tho city could not be delayed and
that the 81 surety re-. by paving of the bond could be sub
trust ItIL Nv ~ ~ "
Judgment Cor defendant.
frouesoo for plaintiff Hays 4 Disney for the city.
,htrnrbIUArIoN f0R WRIT or CERTloRAR1-TERN OF
YsrEiiR9NMESr Ys w or TIE CMAIN.oAEsss Of Ohio
H. ~ M.h2 Police Court of petit larceny and was sent to
sRS By JdSss SE a
Ion said that the law authorizing the Police Court
all the counties Of. the State. The law was first
applied to this and Cuyahoga counties, and after
and Hamilton counties leaving these counties their
local acts which are tho same in substance as the
general law so that the law Is not now argued by
counsel that the same crime is punished differently
in different counties Of the State.
But IL is still contended that the law for Hamilton
County being local is unconstitutional that it is not
upiioTm IN its operation, and is inconsistent with the
nSnstitutton adopted since the passage Of the law.
The Constitution provides, "that all laws of general
the State and mo- laws sba be- Upssed etc NoW
THIS rule established TO govern future legislation,
or principle asserted and established by which laws
then in force to be tested2 Counsel contend for
latter construction, and refer to another provision
the Constitutions That laws not inconsistent shall
remain In force until repealed ETC." The result OF
this construction would operate to abolish the local
law and the exception Of Hamilton County from
general law, thus leaving the general law uniform
and operative in all counties But this he Judge NJ
did not think the proper view The clause referred
70 is clearly direction to future legislatures guide
them and operating only upon laws passed thereafter
and should not be 80 construed to sweep from the
statute book laws that local In their application
but consistent with the principles established by the
Constitution. IL is the manner of passing and apply
ing laws thereafter to be made, and not the laws In
force that this provision affects. The application wa,
therefore refused.
John Armstrong and Thomas Pendergast wor,
ound guilty of attempting to pass counterfeit bill
The younger defendant, apparently about seventeen
years OF age, was recommended by the jury to tho
clemency of the Court
Gaines for tho State Hits and Jones for Defense
Margaret A. Robinson was arraigned on a charge
of assauting with intent to kill Sophia Erwin. She
entered plea OF not guilty, and the Court fixed he
bond at 500.
STOLEN PROPERTY, UNIDENTIFIED, To BE SOLD t,
PAY CosTs.-Upon the trial of George Beckley, fol
grand larceny the property stolen (wo hundred anC
ffty yards of silk not being to positively b,
| the prosecuting Witness Max Stadler, and the SAM
also being claimed by Murray Shipley & Co, withou
their being willing t1 TO it, Judge Mallon mad
an order that II should he deposited in the hands o
| the County Commissioners to he sold to nay tn
| costs, and balance to go to the Common Schools.