Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-01-23
supreme D5ars q ohio.


Hon. Josiah Scott. ohlef Ju.tIce Hon Milton sutlIn,
Hon. Jacob Brinkerhon, Judges IL j. Crilchheld' he'
TursnAx. Jan. 81, 1862.
GENERAL DOCKET.
No.3s Joseph o. TiltOn, ste., v. Burnhau Morsa'
ridge In error 10 the District Court Of Noble county.
ebTLirT, j.
Ist In an action for malicious prosecution an aver.
ment that the defendants had without cause falsely and
N aliciousiy made written complaint before Justice Of
the peace charging tho plaintiff with having embezsled
letters In the United States MALL entrusted
n% ~ .: %s aSna aRS % soos. 20 oS
United states Commissioner and causing him TO be pros
ecuted on such charge; and that tho Commlioner,
and that he was discharged by said Commissioned, By
which ho had been greatly injured IN his repulAon
constitutes 81 cause OF action.
ga The refusal OF the court to permit one OF several
defendants IN the action to Get up by answer, a de-
fense that since tho commencement OF the suit and
prior to the last two oontinuanees one OF his o,deend
ants had for himself made an accord and satisfaction
Sd. Although such facis constitute good defenie and
which each OF the defendants had the right to avail
himself Of the same being strictly legal defense, the
court might properly require such defense to be made
within he time limited BY law to Wit before the next
term and continuance after the occurrence and know
edge OF such facts constituting such defense.
No. Ga. Patrick Easter v. Mary Jane White. Error
to the Court Of oommon Pleas Of franklin county. Re-
served In the District Court
euTLuP, j.. rgr'. ff
verbal promise made by A to B, TO indemnity him
against loss and damage in becoming the surety Of o. in
an undersklng IN Iepieyn 10 special promise % an
within the meaning of the 5th section OF tbs act OF
February lelo, TOR the prevention OF frauds and per-
ureS" and no aesion can be maintained on such prom
ise.
Judgment affirmed.
~, NO. %. yonn heDer OF Al. Y. columbus Machine
Manufacturing Company. Error TO the Superior Court
Of franklin county.
scoTT, Cd.
where one or more OF several defendens sued o. part
ner snswereo, denying that they were members Of the
nm or indebted 70 the plantn on the cause OF action
In the petition and on the trial OF this issue, the
Jury returned general verdict for the plaintiff and al
90 iound specially, under the direction OF the court,
the oeendants 80 an.Wering were not In ao mem
be the hIm but had held themselves out as partners,
Ana mat tne Pnuu nsa aealI With' and trusted them
That such special finding was not Inconsistent with
the general verdict and that Judgment was properly
entered thereon Tor tho plsintih. Lg"
The provisions OF the act TO relieve the Distriet
Oourul etc., passed April lzn' 1870, In relation 10
second trial Of oourse In the courts OF Common Pleas,
DO not apply 70 actions tried IN tho superior Court OF
franklin county. riul l.t daan
judgment ammed' .ato,a I'LL.
No. ~. Joseph d. CLARK etal y. John A. Tracy. Be-
served In ouyahoga count ty on motion for new trial.
New trial awarded. ..s. t r ..
no' %. Elisha MACK W hoderck OOonner. ErTor
TO the District court Of Lucas county.
Judgment reversed. tt l..-
State Reports l. No further report will be made OF the
case. 49,
NO. Sle: John Mclaughlin Y: The state oil OHIO -
Error 70 the Court Of Common Pleas Of Lucas county.
Judgment reversed. r,. t-e8tg,-
The case falls within the principle Of the Fouts case.
Ohio State Reports 0S, and Is not clearly within the
exception OF the Loenner case ~ OHIO smte Reports
ovo, m.
no. so: Adam Weit y. Henry Beard ct al
OWL action, Reserved In the District Court OF Mahon'
Ing county.
bY IHE oousr. T. r,l
may ISL, leoO Debtor, tue head OF family, being
tae owner Of house and lot occupied by himself aud
amiy tho only real estate he owned and not exceeding
vs bundled dollars in vaiue leased the sane, BY writ
ten agreement for one year, and went with his family to
smother county Of the stats for temporary purposes
May 18TH 1860 the creditor Of aad debtor obi
iudgmfn against him before justice OF the peace.
June 3 1890 an execution issued out OF court Of
common pleas on = Transcript OF the Judgment fled
therein r..t. gsl eE tH
June 25h 1880 the execution levied on the house
and lot, and, on demand Of the debtor the sams were
regularly on to him as homestead under the act Of
from Sss on sx.c.,,pn 20 .nS .1 q mss
dtat lI4Sl Neithar the dahtor nv .ny ~ Nj