Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-04-04
GENERAL DOCKET,

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GENERAL DOCKET,
No. 49, R. @. Corwin vs.. Alexander Cowan, John
milford and others Reserved In the District Court OF
Warren county.
BcoTT, ].
The Warren County Canal Company was authorized BY
It's charter ITO enter upon tdks ana 4sep such lands
as might be necessary for the location and
Of Its canal After the location and partial
Of the canal under this charter BY arrangement made
with the company all s rights and interests in the canal
were transferred to the State and by an act passed Feb
49, 1896 Gath vol o. L. Laws, I45) the canal comms
onerS OF the State were required to take possession of
and complete the CANAL Whicht was declared should be
core an appendage to- and part and parcel Of the Miami
canal said act alSo provided "that the laws now in
force in relation to the location construction
and Of tho eaual1 Of this State are here
By extended 10 the Warren county canal L"-Held:
!. That said act wholly prospective In its opera.
ion, and did not affect the location or appropriation
ana which had been previously fully made by the canal
company, and that the easement which the company had
acquired BY the location and appropriation passed 70 the
State, under said act, without being enlarged into FEE
simple estate in the lands SO appropriated,
.. Upon the subsequent abandonment Of the Warren
County Canal by the State this easement terminated and
the right to the possession OF the lands constutipg the
line Of the canal reverted to the owners Of the freehold
Such reyersion did not carry with 1t the ownership
OF the materials used in the construction Of the locks
etc., upon the canal Those structures never hayipp
intended as anneIaons to to the eehod and hay
ing been rghuny erected, may be removed b. the as
sgnee OF the state upon such terms as may under IN,
circumstances Of the case, be equitable.
Demurrer to answer Of defendant Mulford oyerruIed
and case remanded to District Court:
No. 147. Ira a. Preston el al. v. LucIus A. BoweIs
Error to the Superior Court Of Franklin county
BR1NKKRHoFF,J, Held:
]. In an action BY husband to recover damages for
enteing wife to leave his bed and board he may give
in evidence the declarations of the wife, made shoTtiv
prior to ealleged seduction in order to show the state
OF her affections toward him up to the time Of the injury
complained OF and this, whether such declarations
made prior subsequent 10 her marriage with the pain
til. But 1t Is abuse Of this right to permit state
ments Of the wife to in evidence relating to the words
ana act@ o. parry defendant and tending to prove the
OF the wife are mere hearsay, and inadmisslbe.
Wnere, IN such action, several persons, some Of
whom are and others are not parties defendant are al
legged n the petition to have oonspred togeherto eptce
away the wife, the declarations OF any one of such al
legged consprAtor admissible to show him or her 70
be member OF sueh conspiracy; but such
conspiracy. unless
ist The fact Of conspiracy be proved to the sasisac.
I'd Unless such declarations are In furhsrance Of the
objects OF the conspiracy. = =
The jury having retired to consider Of sheir verdict
and AerWard coming into court daring is regular ses
sion In the day time, and asking further
and parties and their counsel being loudly called AZ The
door, not Error for the court to further Instruct The
Jury N the absence Of party or his counsel.
Judgment reYerEed and cause Teuanded
No. IOS. Isaac A. Benedict Y. Charles Ychaetle Er.
ror TO Superior Court OF Cincinnati.
GHoLsoH, j.
AHe vehuvI " soous On eredt, having shipped them
discovered that the yendes was nsoVsnt and rspIeyIed
tho goods from constable who had taken them under
an order Of attachment a the property Of the vendes
while on their tranait-Held: That the vendor had
right 70 stop the goods IN TdnSitH That the right OF
Stoppage In ffdnstt might be exercised as we'll wbeTe
the insolvency OF the vendee existed at the time of sale
as where occu red sferward, there being no waiver Of
the right from knowledge Of the insolvency or other
wIe and that Insolvency might bs established by proof
OF inability to pay and proof Of some overt ACT Of In,
soyency, such as StoPpage Of payment is, not re.
Qulsite.
Judgment affirmed.
No. 1877. D. o Hyde & Co. '. Edson D. olds ct al
Bill Of review. Reserved In Pickaway county.
BRtEKERHoFP, j.. Held:
l. When an assignment Of property to trustee 4,
made BY debtor, In contemplation OF insolyaLcy aud
In trust with the design to prefer one or more creditor
TO the exclusion Of others and the instrument Of assign
ment delivered to the trustee and accented bv him the
same becomes operative without the assent or
OF creditors not named provided for IN the nstlu
ment and whatever arrangement may subsequently be-
made or attempted BY assgnor and trustee without the
consent Of such creditors and with view to render ths
assignment imperative, the statute Of March IA s5s
declaring the elect Of assignments to trusteea in CON
temptation of insolvency SEXES upon the assignment
and causes to "enure to the benefit Of all the credit
crs, In proportion to their respective demapds,D
Original decree reversed, and decree for conplanants
NO. |s. The State OF Ohio CO rel Daniel il. Tread
we'll " The Commissioners and ArdItor Of Hsncocl
county. Mandamus.
GHoLsoN,J,
Acts Of the General Assembly authorized the Comms
Gners OF certain counties through which the Dayton
favorable vote OF the electors OF the couptv 70 ,nh
scribe to the capital stock Of that company issne
gotiable bonds In payment Of such subvcrpon Ona
the provisions OF the acts was that all bonds ssued
negotiated ~ the commissioners 'and regular on the
face thereof" shall, "in the hands Of apy 5ona 1
or thereof be deemed and taken in all courts and ese
where as conclusive evidence Of the regularity Of
thing required by this act preliminary 70 the ssns an
negotaton" Of the bonds-Held: '''NN "NA
l. That where bonds regular on their face were issed
and delivered 70 the railroad company, ostcnsibly In
Of being put into circulation, and were afterward
into circulation and passed into the hands Of bona Ts
holder they must, as to such holder be regarded as is
sued and negotiated within the meaning Of the act
That the payment OF bonds, regular on their face
and thus issued and negotiated and In the hands Of \
rae holder cannot be disputed the ground Of
fraudulent combination between the railroad COMPANY
and county commissioners to make formal but mot res
location Of the Railroad and O subscription
for the benefit OF that railroad company but really o
the benefit OF another railroad company to AID which hi
subscription to the capital stock BY loan OF credit
| there was no legal authority. NV
Peremptory mandamus awarded.
No l53. John Drake and others v, John c, Rogers,
In Error. vedin Warren county.
| suTLIFF, O. j.
L. died seized Of lands, leaving his widow, c., and
their only child, M, to whom the lands descended NJ
brother or sister, and her death the lands descended
to her fathers next kin; subsequently her mother c..
married again, and had SON. j.. the plaintif. wht
seeks to recover the lands half brother and heir Of
Held: VIZ -
That under the act Of the 18th Of March lss the IN
heritance yeated In the fathers next Of KIM ala NOT nhf
the birth Of the fbrother, and that such
or Il not entitled to recover the lands. 10 Tjl'FI
Judgment reversed Y sgssA
! PEcK and SCOTT, ]. j., dissented. %.