Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-02-07
snpreme oonrt 81 Ohlo.

Supreme 0otirt o. Ohlo.
Hon. Jossh Scott, ohIsf Ja.tlss, Hon Milton su.n,
non. Jacob BrlnkorhoG JudgeS L. J. Oriiehheld Re.
~ TusspAy, Feb. 4, 1852.
GENERAL DOCKET.
No. los. Tho Loruin Plank Road oampany vs. New.
ton coiter Error to District Court Of Lorsin county
is. fb,. tbs uroyniona Of section SO Of the general
act 10 create and regulate turnpike and plankrcad COM
panies (S e. o. Stat. 2l0 220,l apply 70 the PTe-em
2tln0 piankroad companes the charters Of which snb
ect suoh companies 70 the provisions OF all laws which
might theroater be enacted for the purpose OF govern
ing apd regulating such companies generally IN 'ni'
matter OF the amsndatory aot Of March 10, 1885, q
q. BtRfnte o45 "for the regulation OF turnpike oom-
panissn and IL evidently intended a. substitute for
IL, 10 70 be regarded as sypsrssasng tne nMe5 aot,
remedy.
Judgment affirmed.
No. lD3. james Empitt ys. Daniel Ysish. In error
10 District Court OF Fairfield county
is That IN an sdavt for an order Of attachment the
statement Of the for the ORDER made 10 tho language
ga Such not by adding thereto
statement Of such particular facts upon fair and
reasonable justify beliefin the truth
OF the general statement. VI
Judgment reversed
No. lis. Jacob Hsmmerle vs.. Catherine Kramer, ad-
mniStrarix Of John Kramer, deceased. Error to the
District Court Of Rois county.
ecUrr, o. Held ,..g artt
LAT. that In an action brought on an administrators
bond against the surviving oOlgo and the administra
trx OF tne estate Of deceased Curetg, the plaintiff
mmsS AZ 10 such admlnstratrix tho character Of cred
ttOr OF her intestate's esiate'
"a. When the case does not fall within any Of the
exceptions provided lS5 so,on % o SS s'S0n 81 81 ns
ed against the admipstratrix. until the expiration Of
eighteen months from the date Of her ADMINISTRATION
bond.
lapse Of time necessary the maintenance Of the action
Il Il detective and may be demurred 70 by the admnis
rarix a. stating facts suhcsnt to constitute
Of action against her. .,
Judgment affirmed
No. SO. Orvile A. Rockwell vs. The State OF ohlo-
Indictmspt for assault and battery. In error to Court Of
Common Plesa Of Aahabua county.
The Indictment charged the defendant by the name Of
o. Alonso Rockwell PySdf d6dt nteat by the Defend
ant that his name now is and that he always has been
Known by the OF 0rvle A. Rockwell to witt at the
and known, without this the said orvlo A. Rock
we'll now Is or at any tme hitherto hath been called
known BY the christian name q O. Aanzo, as y the said
indictment Il impressed aud this the SAID OTvle A.
Rockwell Is ready 10 verify" oto
Replication: That the said 0rvlle A. Rockwell long
before and At the time Of the prefrrng Of the said In
AonEo Roswell, sa BY the name OF orvle A. Rockwell.
70 wit at" etc,
BY InE COURT:
Tht aer proof mado by defendant Of the truth OF hi,
,s ,ha si,c't,on ,baeto wss NOT hv n,oni
p ,hs mart of the sats hat the diendant usaay AIM
"a NJ, ,,, "a so A. Eook~ ell and vas csi1sd
60 ms name a. y, ~. cs,sS
S, AlonSo and tnat were the initial Ieter, OF M
name.
SnoEMens sh 1Svyo wh,ta Va. Rsb.eca Thom,. r,,o,
IN snn.sior rcnrt n Montoonerv county.
Pr1T i Held
is The charge Of aoourt to jury should always be
, ssri I'D ~ snnlcabIa 10 the eviaencs n tbe,e
t.rdIns fsitIy 10 brins the - AZ hin an sr
s.nton ~ mai Tas Tia uroper for Inc cour Ia
op Win IN. rule iIsslf or in some other part Of the
W. vs~ ,snin~ ~, I,OI - .r.t.in H. Wv '--0
"a Vhs,s n \. action for breach Of p,omi,s Ia
The d.t"nSsnt und.r an answer n,ins ths Az
~ y, rovs sss be n.Int, h.S ~ An savsrsd y
bssard child cto il s error for the court 70 charee
Jury that his attempt to prove such matters f he fa
Altogether in the proof may be considered BY th m il
oocSsvoion Of the danages without making any allu
son 10 the tendency Of the proof offered By the defend
ant and w,thout adding n mat connection, OF in some
other portion Of the charge by way Of qualification un
less the same was made In good faithp-oR 'sunss,
the defendant at the time believed and had reason
bssye the charges to be true" or words Of euuyalen
import. " " ~
Sd where, from the whole record, the court Of opn
ion that the direction Of the Judge who tried the cause
understood BY the Jury, anew iril should b awarded
Judgment ana esioe, ana cause re-
msndea ,or Ioi.nsr p,SVeeya R.n Tn. s,.. :,
No. ~. sylvanue ". baSer ", Inc STATE OF onio.-
Error TO the OouIt Q! common Fsas oI huron eVuny'
SCOTT, o. j., Held
One who incites or proeuree 70 eompH an as
wise partcipetng IherSn may DO indicted ana punished
~ principal.
Where upon the trial OF an Indictment ior 90 assault
with intent to murder the prosecuting attorney py eaYe
Of the COURT and without the consent OF inc
enteIh noiio PtooepeLs ~ "a. -. isieess ~ ~ -