Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-01-31
sunrems Court 6f Ohio.

TUESDAY, Jan. ~, 1861.
uo, I.ooh nrnkerhoO Chief Justice: Hon Josi
aontt ifon hiliton sutlIn Hon. w, v. Peck and Hol
Wm' " 0hoson. Judges.
W." - T., l. OnITcupfRLp Reporter
onvrn,, nncrrr
uhNHnn" D"0
No. 81. John A. Turleyv, VIM. O, Turley, ct; al.
served IN hcioto comfy.
PEcKJ
II, by his will executed In 1900, devised certlln re-
estate In Ohio to an unmarried daughter, for liie
the remainder her death to her child or children the
living and the descendants Of those who might be deaf
married. had thirteen children born, but at her eceal
left only ten children then living, having prevousl
died without Issue, and two leaving issue Held thi
the devise the children OF chldrens
in conflict with the statute ito restrict the enailment
real estate passed Feb H. 1911; and that the f1at
dIdte de9cenddn 10 which by said act all dovses ar
restricted includes all 10 whom, under the statute 0
descens, estate would have descended from the par
cuar person whose they by the viii are re
qulred to be.
Case remanded.
No. AZ. Richard Elson, v. Joseph seaburg. In erro
TO the District Court Of Stark county.
suTLivP, j..
B. sold and conveyed to an Incorporated canal com
pany lands and water power with right TO build adam
and ow ands which the company by ts charter had the
right to- appropriate, by paying such damage as assessed
by commissioners claim made by the owner, pre-
scrbed by charter g. reserved In his Decd the right to
claim damages In case certain OF his lands should be In
undated by means of the dam. The company having
built the DAM and constructed their canal, by
the DAM flowed fad lands. 3. preferred no claim for
damages. The company sold and conveyed the dam and
water power to e. and afterwards ceased to operate their
canal The lands continuing to be inundated by The
dam, brought an action against H. for damages for
nuisance, Held;
lst The deed OF 3. TO the company granted the right
to flow the andsa an incident to the conveyance sub
Ject only to- right TO prefer claim Tor auch damages
under the charter OF the company.
"a. That upons' negecung 70 present sueh claim
against the company w. acquired Dg MS deed Ian abso'
Iute right to continue sad DAM as II he - had prefer
red his claim and received iul compensation from said
company.
Judgment 'eyersed.
No. 81. Bird Chapman. v. Chauncey Loveland. In
error TO the District Court Of LOran county.
suTLFF, j.
department for an unpaid pension. c., his admnistra.
tor employed D., under special contract to render
vices aud advance necessary expense money TO obtain the
same for thteefourhs the amount that should be obtain
ei for his compensation. H. the sole suryv child Of
the intesate pensoner brought suit against D. for three
iourths OF the pension money 50 retained. Held
is The act Of Congress Of June H. 1870 making pro-
vision for the paying OF pensions &c constitutes the ad
minstator In such case trustee 70 receive and pay
over the moneVto the surviving child I.
.d That he sdninlstrator Is entitled to retain an
dental expenses In the discharge Of his trust and should
pay over all the residue.
"a Ihat Tor the purpose oia account and recovery
by the child, the administrator necessary party In
the action
4th That she child is only entitled to recover such
sun as remains aler deductng the necessary ncden tai
Judgment reversed.
No. 5J7. Elisha Blackfordv The State OF Ohio. Writ
OF error TO the Court OF Common Pleas OF Ashtabula
county.
BY THE CouRT-
An enclosed building, commonly callodan ashery. and
used since It's erection Tor the purpose OF depo.itng
ashes theren and converting the same Into potash, Is
cory within me meaning OF the lith section Of the act
Oh march lth, lsao proyding Tor the punishment OF
eimes as amended april 80, ieoI lswans Critchnelds
sat,, oVoJ ana Is therefore the SUBJECT OF burglary.
Judgment aihrmeu.
NO. Soi' EDWARD howard " The state OF Ohio: Writ
oil error 70 Ihe Court oil Common Peas Oh FRANKLIN Co..
By THE CouRT-
lst. me crime OF person In having carnal knowl-
edge OF MS daughter or sister ioIcby and against her
Will as uehneu ID ule 4tn seouon Oh tne act OF Marcn
Vn, 1850, tswan Orchneld stat 4ua and the crime
Of person in having carnll knowledge OF any oher
women or female cnid thsn ms daughteT or nster as
aforesaid, ioIcioy ana against her Will as oenned N
the oth section OF SAID act are distinct ana separate
and not merely different grades OF the same crime.
In charging the latter crime, us essential ior the
indictment 70 slate that he woman or cha upon
Whom the crime charged TO nave been committed Is not
the daughter or sister OF the accused.
9i An indictment against II. anu ~ cnar ing lnem
Jointly WIN hayins carna, knoWeegeo' anu
against her VIII, Tue sad u Delng Tue osuguter OF
sster OF Inem the saiu anu u. u not sucen. nss
awe eeverment LOT, hotWitnsApanB sucn NeIment 'ho
sMa Y may pe lne usugs.el OF sls.cI 9i ~ OF IL
S1a M nS, STu's n T,r
no. -. Ihe e'A'c OF onio ex rel. enzur u. 'Inns9n
" eeorRe "hcoA, OeiA Vi Aasiahss 'o"nShiP' Aorain
conny; ,..,, .,.,, =, .,.,
~ PSiSAuP'0.y " q
township CLERK to draw ~ order upon the township treas
urer ior he amount cerned by the local drectors OF
funnstr0t 10 DC uue 10 Hchooi leacher ioE DIS ter
yicos'
By THE VooRT- ,o,o -.
BY the oln section OF inc ACTOR msrcn i4u, 1903,
proyiie ior tne reorgsna',on, superVon anu mante @
nance Of common senoois lswan vntcnnelu n nle.'
tue local directors OF each SUP district are
iEed and required 10 employ ,eacnors 10 cerWy tne
amount due them Tor services TO ne townnp CLERK VINO
shall draw an order on tne townsnp or 'ne
amount ana W ,he zn sceuon ~ u aS. e., -
amended april ~, loo., Sswan q oIis'hheiu.s esa..
1851 tne osputsemeht ., sVnVoI ,uhus W
be on the order OF tne CLERK Oh inc DosLa OF
under tne aIecnon OF tne ooar1, ~ Pays
ers Tor ther services e sara clerk may on sucn .esc
eIs presenting ueir ceruncateS oI quaihca.Cn anu ue
posting w.n 'ns clerk ue coples ,hereol, uaw .ne
requisite ordes On tne treasurer ior such az % @ ~ ~
nave Deen ceruueu 70 De uue py any wv y. ,ne
rectors Of the proper subdstrct in which the teacher
was empi0yed &c; o,,o,,o,r,v ,h. .,.,n,.
the au.noriy anu uuy mus GonierIeSey ele sasuse
upon tne local 20 employ nhu
the amount due them FOR cannot be or
anterieIred win any oruer Iesoluion OF rus ol e
township board nxlng maximum compensation, NOT 70
oe exceeded sy the local directors 10 eacneI
entered an order that teachers should not be empysS
BY the local directors az nAn ~
per month and inc iScs directors employee is
amount due him for his services. at that rate to the
township clerk 1T became the duty Of the township
clerk 10 draw an order upon the township treasurer in
coofomity with such cirtacate OF he local directors
Peremptory maudanus awarded accordingly.
No. 6i. Edgcrton & Wilcox v. Hanna, Garretson &
Co. Error to the Probate Court of sandusky county.
By THE CoURr:-Held;
l. Judgment creditor seeking to subject chooses In
action by proceeding In aid OF execution under section
AGO. OF the code, Is not required to make aprevous de-
mand upon hi, debtor to apply the choses In action, OF
show refusal apply II the debtor has such proper
yt Is his duty take such steps will make 1t availa
bic for the Judgment and failure to discharge sucf
duty towArds creditor who has obtained ugdment and