Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1862-01-30

IMPORTANT DEoIsIoEs OF TIE spPREHE
CoURT.-In the Supreme Court, on Tuesday,
the following interesting and important de-
cisions were rendered:
Rice & Burnett vs. George ". Whitney
Error Of the DISTRICT Court Of Cuyahoga
county.
By the Court
That the plaintiff in attachment ought
not 10 be allowed more summary or
speedy remedy against the debtors Of the
defendant in attachment than their own
creditor, was the principle upon which the
provisions in the code relatipg 70 attach
ments were framed. This principle appears
to have been departed from in an 6mend-
meut Of section 200 of the Code, made 18th
March, 1855, which elloWs an execution IS
upon q judgment, where 8 garniahee, after
examination, is ordered 70 pay money into
court. But this amendment does not ap-
ply to proceedings before Justice Of the
Peace.
A garnishee is required TO appear and
submit 70 an examination, and II the just
ice comes to the conclusion that the state
ments made BY the garnishee amount 70 an
admission Of indebtedness, he may order
the sum admitted to be dueto be paid into
Court. But the only mode by which such
an order pan be enfa ced, Is By an action
sgainst the gsrnishee. The ezamiRbtian
and the'order thsreupon were not intended
as q summary remedy for the collection Of
the debt, but to put the plaintiff in staoh-
ment in position TO eufoFoe the claim Of
the defendant In attachment against the
garnishee in the ordinary mods-by action.
Theaction would be q useless and expensive
form il the garnishee had bean already con-
cluded by the order. puisss tbs state
ments Of gsFDishee could be made in all
eases with 9 clear understanding Of his
rights and liabilities and in such q manner
as to be neither inuOcently misstated nor
misupderstood, It Wguld be unjust to give
to those statements conclusive effect and
admit no explanation. Il would be the more
unjust as the RaFnishee Is called upon in .
proceeding in which he has no interest, for
the benefit of 9 stranger, and no provision
Is made fer accuracy in reducing that ssats-
ment 10 writing, or 10 secure the garnishes
the right 70 contest the c0RstrHetipp which
the Justice may put upon Il, and the infer
encs he may draw that en- inaebtedneas is
admitted, -5 = -zss-7a-ssl = q
Judgment Of the District Court affirmed.
Western College homeopathic Medicine Y
City of Cleveland. Reserved in District
Court OF Cuyah0ga county. 3 ~ sd - ss-
GHoLsoN Js-l .all.1i . -aa 7aG
The act TO incorporate the city Of CisVe-
land, passed in 1886, provided, among other
things, in reference 70 the city Ccuncii-''lt
shall be their duty 70 regulate the police Of
the city, preserve the peace. prevent dist1r-
bahees and disorderlyi blages." Held
that the duty intended YsS that properly
appertaining to an administrative and leg
islatiye body acting in the government OF .
eity-the making regulations, hyslaWu and
ordinsnoes, for tie purposes specified. 70 be
en- forced by the appointment Of ofieersI and
that neither on general principles, nor ffem
the effect Of that enactment, is the city Of
Cleveland responsible for the destruction Of
property by riotous assemblage Of persons,
or for the neglect of the officers in not pre-
serving the peace and preventing such de-
struetiop.
Demurrer to petition sustained, and iudg-
ment for defendant