Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-01-18
Supreme court of ohio
oFFIoIAL REPORT.


TunspAY, JAn.l 1861.
Hon. Jacob Brnkerhon, Chief Justice: Hon. Josiah
Scott Hon. Milton sutn, Hon. Wm v. Peck and Hon.
VIM. Z. Gholson, judges. y@ 3vl
Mr.. Attorney General .woloott upon introducing to
the Court Mr. Murray, addressedhe court
follows:
ask permission to introduce to the Court my sue
cessor, MIR. Murray the Attorney General elect Of this
State who having qualified himself IN other respects Is
now ready to take the oath OF oce and Herewith to
ter on the discharge Of Its dutes
As my last official act, beg leave TO pray for him
continuance Of the same kindness and the same forbear
ance so uniformly orded to myself, and Itch, while
IL has largely aided me In the discharge Of my Official Ia
bors, has also laid personally under debt OF graf
ilude to your Honorf, that can never forget.
Thereupsn the Chief Justice administered the oa'h OF
''' : : : GENERAL DOCKET.
No 40. Mathew Birchard cS George A. Edwards and
William +. Edwards Error to the District Court OF
Trumbull county.
GHoLsoH. J.-- "a j..
Where will declared certain trusts to tract Of
land TO support which the whole legal esBte OF inher-
Itance might be required bnt the legal title was left to
descend 10 the heirs at law who in the event the trusts
Of thewill should be accomplished or shonld fail would
have interest," either 10 money orn the land
Held-That the legal title held By the heirs as
trustees, and that creditor who had obtained judge
ment against Of the heirs did not thereby Acauea
against OF the interest Of the heir made In
good faith after the date Of the Judgement but before
| the commencement Of the action.
No. loo George Jackson " The State of Ohio. Error
| to Belmout Common Pleas. L.t .tE
| PECK J :, Held
That the rule Of the common law that things savorng
OF the reality are not the Of larceny only applies
to things issuing out Of growing upon lands and such
as GdherS the freehold but not to personal chaltes
which are constructively annexed thereto-e1 0rd a
ieathern belt connecting tain wheels In saw'ml,
and which may be removed readily and without injury
Judgment affirmed.
No. 40. VIM. Neil Ts. Kinney, Burnell, ct. al. Re.
served In the District Court Of FRANKLIN county.
SuTLIFF J.- ,
held Sy that hs s should
conveyed by X. J. to the purchaser when sold. h.
contracted with X. & B. to sell the lot TO them took
their notes for the purchase money and gave them pos
proceeded erect building the lot and respectively
perfected their liens under the statute r. & j. con-
eyed the lot by deed oi Oct Sth recorded Dec - q
record Nov. 1t to secure the notes for the purchase
money. 1t did not appear that the mechanics had any
notice as to the title. The notes and mortgage az
terwars transferred to W. who brought suit against
| & B. making the mechanics parties,
Held-lst. That the vendors lien arose at the time
Of sale By contract and giving possession.
| 2nd That the lien was not impaired either by the
a. That he lot and purchase money having respect
belonged r. to W. the S% sots sn ssS
and after the transfer and delivery TO him Of the notes
' Stb The mechanics liens at their inceptions were
liens only upon the estate or interest OF X. IL B. and
sary subject to prior liens upon the same lot.
| Judgment for plaintiff.
No. %. james Rogers & CO. vs. Miles &c Co. In er
| ror TO- the Superior Court OF Cincinnati.
| scoTT, N. & Co. agreed with X. & Co. to manu-
facturs and deliver the latter, at future time three
steam boilers to the engines in their rolling mill or
which R. Co. agreed to pay speclhed price, Held
That II was implied stipulation Of the contract, thai
said boiors should be free from all such defects Of mate
rial and workmanship whether latent or otherwise, a.
would render them unfit for the usual purposes Of srch
boilers
judgment reversed and cause remanded.
PEoK and GHoLsoN J dissented on the ground ina
the facts Of the case brougt within lrule stat II a. up
pcable to the order Of goods from Manufacturer In
recent deeison by the Court Of Appeals in New York
Hoe v. sanborn Am. Law Reg, 74O-154 "The vendeI
liable In such for any latent defect not disclosed
TO the purchaser arising from the IN which the
article was manufactured or II he knototn0y used I'm
proper Materials he s liable for that aso but not fol
any latent defect in the MATERIAL which he Is not showr
and cannot be presumed to have known
No. 55 R. B. Bowler, ct al v. Jacob Koehne, ct al
Error to the District Court of Montgomery county De
and decree for companants to be entered
| No further report will be made Of the case.
No. 60. The Central Ohio Railroad Company '. Alex
ander O. Moore. Error to the Diatric Court Of GueIn
| sey county. Dismissed for want Of prosecution.
| MOTION DOCKET.
No Sc. Henry Bouton v. the Board of Education II
Defiance. Motion to dissolve Injunction. 0verrulle,
for want Of Jurisdiction.
No, %, hlcnard MINOR, W tne r ht' v" q v. H. ~
Co. Motion for leave to ole petition In error. Passed
| for notice Of motion.
No. 70, Elijah Rigdon v. Noah Berry. Motion II
docket and take out Of Its order fol
hearing. Granted
No "a John Nordgower The State. Motion fol-
for the allowance Of a writ Of error oyerruled.
| No. "a. Nancy 6wartz ct al v. Pete seist, Leav
| granted to file petition In error.
| No. IS. William Vinlng V. Christopher O. BiickeI
Motion fol leave to Ale petition in error to the Common
Pleas. Leave granted 10 withdraw papers and go to the
| District Court.
| No. So. Daniel simpkns v. William Wayland's sd
min. ct al Motion for leave to file petition in
| Passed for notice Of motion.
| No, 81. Edward Howard ct al v. the State. Writ o
allowed, and ordered to be taken out Of II
| order for hearing
No. e5. John L. Gill v. Enos Hopkins, admin. Mo
on for leave to file petition in error &c Leave grant
ed and to hear the case Its merits, upon term
| limiting the oral argument.
| Adjourned until Thursday morning at 10 O'Clock