The daily press. (Cincinnati [Ohio) 1859-1859, 1859-03-12
LAW RE POR 7.
SUPERIOR COURT.


GENERAL TERM.--Tho Judges sat in General
Term, (Judgo Spencer prosiding,) and dellv-
cred opinions in the following cases:
Boyd rs. Durrcll. A petition in error.
Judge Gholson delivered the opinion-the
question being, whether, in the event OF
Judge considering the verdict of jury oxccs-
sivc as to damages, he could allow such error
to bo cured by remittcr. 1t was tho uni
form practice to reduce verdicts in this way,
and it was sanctioned by the opinion OF the
Supreme Court. Judgment affirmed.
Hume Us. Payne & Co. and McAvoy. The
case was before the Court on a writ Of error to
a decision at Special Term on demurrer,
which raised question as to miSolndor oil
parties, and involved an inquiry touching the
relations of principal and agent.
Tho Court (Judge Spencer delivering the
opinion at considerable lengthy came to the
conclusion, on the whole case, that there was no
error ON the record, and that Judgment should
be affirmed.
Rogers & McGuire rs. Stilwcll 4 Anderson.
Judge Storer announced the opinion, andallowed
a correction of the judgment to the extent of
$3.50.
Thornton Check Us. the L. NJ. Railroad Co.
The plaintiff brought an action for the loss OF
some of his baggage, and claimed the right to
recover upon the authority of u through ticket
| from Washington TO Cincinnati--said ticket
having been purchased from person alleged to
have been an agent for all the lines Of railroad
between these two points.
| In disposing of the case Judge Gholson re-
marked that, tho ticket being recognized by
defendants, such recognition was sufficient
evidence of the authority of the agent. If there
| were any circumstances existing by which it
| could be shown that the several lines of road
made several contracts, they did not appear on
| the record in this case and, before the Court
could reverse the judgment, it must appear
afirmatively that injustice had been done.
| Judgment affirmed.
COMMON PLEAS.
| Civil SipE.-Joseph Taylor rs. VIM. Tay-
lor and others. Judge Dickson disposed of
this case--an application for partition among
the heirs of Robert Taylor, deceased. One oil
the heirs is a grandchild of said Robert Tay-
lor, and sole representative of her mother,
the daughter of Robert Taylor. This grand
child, after decease of her mother, was, by pro-
ccedings in the Probate Court under the stat
ute, designated by her grandfather as his heir
The grandchild now claims double portion
one as the representative of her mother-the
other, by reason of this designation.
This statute allowing the resignation is found
, in Swans Revised Statutes, page 324. 1t was
| manifesty intended to enable person to des
ignate us his heir one who by the laws of de-
, scent was not an heir. For example, if {
father should designate his own son as ms ner
this would not add any thing to the sons right
by BIRTH under the laws Of descent. There
fore, if person designates one as heir to him
whom the laws of descent make heir, sucl
S would be supererogation, and would not max
the person thus designated double heir. L
this case, therefore, the grandchild receive
u nothing by such designation, and is not entitle
| to double portion. -
u Ferguson & Long for plaintiff; P. I. VIII
7, liams for defense.
d CRIMINAL SIDE.-In the case of Abraham
Cross, tried before Judge Carter, for the gran
larceny committed on the premises OF the lat
William Churchill, the argument occupied II
t. forenoon. Verdict Of guilty, and property al
le sessed at S106.
s. William II. Kerr for the State, and L.
"a O'Connor for defense.
Samuel johnson rendered pleas Of guilty
two indictments for burglary.
John Wise pleaded guilty to similar charg