Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-03-16


Of said money or any part there,
saS me ssS 'sa s9 ,S
right dspose Of the fund during ihs is spd
for the benefit o. her children the cohtngnSy point
Cd out her death before her husband and her ALLURE
RS. ias John Chapman sssl '. vsancs rnh
The case Is governed BY the construction Of the same
No. 100. Chester O. Mmvliiev. The oolumbus and
Toledo r. r Company. Y Ervt
In error 70 the District Court Of Lorain county.
Tho paintIf, an employee Of the defendants was en-
ployet by the month toreuder service ReueIaly
n ne s1R s s@s
places along the road directed Being ordered togo 70
y and charge gravel train the next day a. that
70 H. and on the morning Of ts next day returned, BY
the same train, toward f TO take charge OF the grave
train as directed Bsisrs arriving PtB oy the careless
ness of the seryantsopeaipg the passenger train NO
was thrown from the and Injured; and brought ms
action against The company for damages @ y E@ a
Held clstsiThat the plaintiff sthpugh having no du
ed an an employee Of the defendants. ~ 4sgtgn ad4
od.i Thathis duties being like that Of the servants
operating the train, promote the active business of the
railroad company upon their road, the plaintiff TO be
regarded rs engpesdwlth them IN the same common
sd That his relation Of fellow-seryan to the en-
ployees operating the train, entitled the palntin only
to the exercise their part Of 0rdGry cae and NOT
No ii is. Philip O. and Eiisabsi6 HaaIsk, ~ their
guardians ". John stober snfror 10 the District
court OF Richland county Al n gHoOaa
Where tehant fcf years of arabic land holding under
fs baildsa barn and other structures there
for farming purpS,es under an axreement with ~ ms
same. such agreement so bind IN infant reman-
man en,ite the tenant to remove the
after the tesnation Of the le estates Judgment re-
"
!, Pack j. Dlssented,ru
No. $685. Michael oafberry " The State Of Ohio
Writ OF error b the Court Of Common Pleas Of Mont
gomery county.
The plaldtif u error yasindeted for iess.
making and In uttefng and passing forged sordef
FER the delivery Of pistol With OF the tenor
follewing; sIfl.oti ha.SaIcrI MN
y Messrs. Langdon d Dro-eents Let the bearer have
q one of your smallest, with load, and charge to me:
Held-rhat thls writing /, mot per IT, an order fO
the delivery Of pfsto, or other goods Of any kind
And that extnsc proof could the be received to give
character and meaning not apparent on It's face the In
d dctment containing inuendo, or statement Of fac
tending give meaning not disclosed by its terms
No i9I. Litchworh Birbey and Isfaei Brneyv. Johr
T. D. Wilson ct al. Reserved in the District Court o.
: Harrison county.
p. PECK J,--s sfr.,.s a a. .,a -
H. died without issue, Apfil u, 1880 ssged dfa Q.
tate OF inheritance acquired him BY purchase which
he devised by will to his wife M, who died infee ant
I'D gott0H fssua April %, 1855 Upon The deah NJ,
claimed by the brothers and Betera OF H.
under the rst section OF the amended act OF 1851 rega
ting descents ancestral estate and by the brother
and sisters Of NJ under the second section Of said act
Of an estate which did not to NJ fro any ancestor
On petition fled by the brothers and sisters Of M VIII
were In possession Of the lands, be queted in thei
u title and possession. Held
u j. That the character in which NJ took the estat
from her husband to be determined by the act Of 1885,
In force OF her deeease ard not by the act of 1857
force at the death OF NJ. and under which the descen
q That under the law Of 1852 the relation Of ancei
IA tor and heir between H. p and NJ could not arise, an
that the estate Of which she seized at her death
i not one which "cdne 10 Aer from any ancestor"
Judgment for plaintiffs, qpieung them in the title ap
possession Of said estate. n, ~ SLSg Dll8 eSi|EI
~. No. 100. samuel g.. BsdEiny v. The State Of Ohio
Error to the Common Pleas Court Of Cuyahoga county
Reserved in the District Court Of that copnty1sq OF
iea The sct Of ciandesnely atsiracns from de aiss
the court subpoena for witness, and spbstitptng apou
Subpoena in its place, and procuring a false return
be madenpon tha latter. and with intent odeIaud pa
1r gant In said court and 10 whose case such subpe
ss issued does come within either Of the clauses Of
nrst section Of the act OF Feb. a. 1884, "decaraory
the law concerning contempts Of court, but does
within the provisions Of the second section Of said act
tic Judgment reversed tN AS e ia II n
ION No. I3i. Thomas HalIam v. VIM. Jacks. Error
ux the District Court Of Clinton county. t Il
len Where the parties on an appeal from Justice Of
Peace proceed to trial before ajury upon the transc
taken, there Is verdict and Judgment the judgme
will not be reversed for such ireguarity.
q The e: n s1
cad the jury but forming part o no bill OF exceptions,
- not be regarded part Of the records-- 81
ldi. NoiS. James Thonpsor " The city Of Mount v
non. Error the Mayors Court of sxid city.
O. Rer Gsrfam. Hsla5Eha. the ordinanee q 2 M
ais tse and cider be drunk where sod and probl
ing the sale Of such liquors In less quantity than
OO ySa wiz sad ssl
vide against the evils resulting from the sale Of intoxi