Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-03-30


regarded at Ne tme and place OF the fansaeon y in
eladlng the bank bills Of EundfY spteepoyip banks
outside Of b State OF Ohio, % wei a. those Qf tho
Where such psrihcate was nssotatcd, two days aier
ts date to apafy receiving II In good faith for valu
able confederation IL will not be regarded as oyerdue
the time Reasonable time must have elapsed Tor the
pnpcse of negotiation etcle win be regarded as over
The assignee in suca enforce payment. q The
note by the maker and The latter sherefore not liable
to attaching creditor Of the dspoior under the aosh
section Of the code!
" eiopsy, Elliott approved and followed;
No. 400. Augustus m. Thompson Y. The Tfeasnror
Eof Wood county Errorto the Common Pleas Of Wood
county sAft4N y 40 ~ y r-sF m !
sBRIsKrRHoVp
Whereas the owner Of tract Of land was, in strict
conformity with the provisions Of the act OF March "a
1859, u. .. O. 523 "for locating, establishing and
cons tructng atehss drains, and waercourses ss'ess
ed the sum OF t5.b5, for the costs and expenses OF tue
location and construction Of ditch drain, and COM
menced proceeding, IN tho Common Pleasto enjon ,ns
collection s1,ss,%sn on the ground aas a
rightly reiused the Court as now advised, being
unable that said act conflicts with the Constitution
VI Ina Ina "a, mai o ~ baa ass 10 tas
No. 8. Mary D, Saunders et, al ". Nisvangsr,
Gwynne st Al. In chancery; Reserved in District
oout. " Mao'sohrpi b. fTeg odw - df siai u
/. Where an entry was made on military warrant In
the State Of Virginia, the land surveyed and patent OBJ
ained from the State Of Virginia. the land being within
the then lni Of Virginia, and now in the State Of KEN
lucky, the holder OF the warrant had no right, on the
ground OF an interfering caim 20 make an entry In the
Virginia Military Land District In Ohio. The act Of
Congress OF 18TH 1900 which confers upon the Sur
veyor Of that to act In certain Of In
erferlng claims s limited TO claims to land in bis Dis
c and does not extend to interfering claims to land
granted by the State Of Virginia, and lying In that
| State. GlfGJk1 tIW0W VlNl1
g. The proviso Of the act oconsress Of 1907, continued
by subsequent which prohibits the loca-
tion Of military warrants on land previously surveyed
extends to surveys, however invalid, II made In good
faith, on subssting warrant which might have been
available to sustain survey, but does not extend 10
survey supported by valid warrant. andmade without
authority. The case Of stubbleheid iBogesR ohioet
cited and distinguished.
Decree for complainants, sff btrrcrfbffN fu,
soorT aud suTLIFr ]. j disHented. ~ ~
No. 1J. M. & A. lE.tArmstrong v. William ii
Harvey. Error to Supreme Court Of the city Of DIN
0'ITsi PECK Held-g0il q gsho "a Atos DIS
/. That the Judgment and finding Of Justice Of th'
Peace In favor ofthe claimant and his order for e res
toraton TO the claimant, made In trial Of the right
property levied In execution issued upon Judgment
another Justice, 70 aot coaclusfve 9r tAe r0s prop
erty said claimant, I'm subseqaeht action for 1t
wrongful caption and conversions brought by the claim
ant against the plaintiff In execution and the constable
Who In disregard OF such order had sold the property OF
g That the provisions Of the Code for trials Of III,
right 10 property seized in execution do not apply
seizures by constable on executions issued uponudg
Of Justices o. the Peace; which to be reguaiet
by sections lOl 02 and lO Of the act prescribing the
; 5. & G. R. 8. 760. old
Judgment, at general and special terms reversed. AM
judgment entered upon verdict for tho plaintiffs in
No. l4a. Martin White v. Columbus W. Kent
Error to the Superior Court Of Franklin county.
scoTT o. j. Held-That under the provisions Of the
act OF May 3, 1859, ITO provide for the organization
cities and Incorporated villages the city council Of III
city Of Columbus has authority to pass ordinance
hbitng sales at auction upon the Streets alleys side
walksand public grounds Of said city. Such ordinance
neither clearly unreasonable in restraint OF trade.
Said city council may lawfully authorize public officer
any person the act Of violating the ordinance Of III
: convenience. ~
to the District Court OF Wood county. -, ~ s,d
n The statutes o. another State, and also any pecus
construction which the Courts Of such State may haS
placed upon them, where they come In question In th
Courts Of this sate must be proved by evidence ma
Of fact and II such statute be given IN evidence bl
evidence ofsuch peculiar construction be giv0n th
Courts Of the State will give the statute such const n
on may be authorized by the settled construction
similar statutes this State Hence where the stau
OF limitations Of Pennsylvania, containing the phrai
beyond sea- 'WhI given IN evidence but no evident
given 10 the construction Of that phrase by Il
Courts Of Pernylya 4 was not error In scecran
utes Of limitation OF this State 70 hold its meaning
equivalent 10 "beyond the limits OF the etaten mar
Aar. Y. Bart. II o, R., eS5. Baroa dc Bords's cas
{, judgment aairmed. y ~ vi
IN No. l45. Jacob 7. sanley, survivor etc., v. Samu
4 Wilson. Error to the District Court Of Athens count
y Judgment affirmed.
u, No. I4s. JohnI Noel ct al. v. Jonathan Nicely.
rof to the Detiet Court Of Wood county Petition
as error dismissed. -
10 No. $50. Robert McGregor, assignee &c, ,,v. 4
Covington and Lexington Railroad Company. Error
the Superior Court Of Cincinnati. Dismissed for WI
We Of prosecution. sI--+sd, -
NJ No. I5I Farley II. Holt ct ". Ellen Foley. Err
N to the District Court Of Lucas county Judgment
w. 1rined. III IN IblEHHtI III w. ij
ry No. 15o Barney P. Hogel v. Leonard D. ohapiu.
lr served in Efe county Demurrer to answer overrul
lv and judgment for defendant. lc ir.1 Esrtr dE
~ No. l0f. Alvin Kie VIC. O. Pa,ne's Executors OF
Error to the District Court of asau9a county. Judsm
No. 2S5. oebhart, Brothss & %. V. Lewis Huesu
eta. Error to the Superior Court Of Montgomery col
Gu ty. Judgment question Of lion reversed and case
as mandsd. Decided by case Of Thomas v, Huesuan,
MOTION DOCKET. - -
No. 16i. Ellzabsth Usherby &C. '. Milo Thorn
ia. etale Leave granted to file petition In error
We No. l65. Edward Nevens The State Of Ohio. Mot
a. for writ Of error overruled. 5---s-.-
U No. l66. j. II. Bum ct al. Jesse Marshall. Le
granted 70 Gle petition IN error. r.clsl
No. l67, Jacob Carty v. Aaron fenstemacher. LIE
TO Gle petition In error granted.
No. 1853. John A. Rettigv. Urah IL. Peak. Mot
to Ole petition In error oyerruled. ~. =, ..
No. l7o. samuei Archer and wife v. John y. Gross
M al Motion for leave to flo petition in error overrul
ia Adjourned until Thursday morning at 10 o'clock.
:. u All should read Prof, Woods adgertis
nient in another column. - +'..t