Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-04-11

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The paiut died petition to recover the pos.s.sIo,
~ ,ot OF inc cefebdant. claiming TO be seEed Of
so same 10 zee simple The defendant answered sim
PE uenying the plain iGs seEInR in fee--Held: ~
ser the plaintiff estab,hsd hIs legal title under
~ ace Il gas not admissible for the defendant,
ne issue 10 the case to show equity IN hemseIi
snus parol cot tract with the defendant In execution
~ ,ne purchase OF the lot made prior to the levy sale
he assS 70 ana d,ed g the palntn although Afsr
Isoeved deed ia pursuance Of the paro oontrsct vii,
the defendant In execution, F"'O' ~~"''''' VAN
judgment reversed. ~ .f.
n;oS nSs s'Ise on oio ex rel James B. Linn v. David j.
BY The OouET. Beid It
NJ! o ahs resignation by Prosecuting Attorney, OF
fleaS OF his county. And the resignation can ha 49,
ceptd only BY toe Court In Term time under the 7,h
,Sctlcn ,Soa Of the act Of April 29h 1861. Ws.Eo.
= 1he acceptance by Judge in vacation OF NJ. eor,,
o. eIesgnaton rendered 10 bin BY Prosecuting Attor
ocs s,hnn = not seoual 70 Sass vacanrS 10 the
In Ss the 0leTk o. the Court By order Of the
Snes upon the Journal, in vacation, the faet Of
Aueh resignation and aecs ptance.
Judgment for defendant # ~ F.i..I IH
Bate; tSc, N0rh Lgpsnco executors Of Edward
o.S.Aseu, The Bandutky, Dayton q OiLcnnat
haiIosd Company. In error. keseryed In the DistTot
Court Of Champaign county. - Wv O'.''''' :
bT THE COURT
The pEnrn, op the 7,h OF pebruarv 1850 ei.d mai,
peu1on IN the Court OF Common Pleas 10 Rover Of
ne osleodant da tages to the amount OF sin SO for
W oafelessly tunning lis trains along its rail-.
ossuoyed and injured tile belonging 10 testator
vn VIZ -. o. June. 1885 and again or the 3h of tep
sof OF the value and 70 the amount Of III So
ns peuuon afier stating the particular facts consti.
nR tne causes OF aoion, states that on the 18Th OF
1uy, ieoo the said bates then in full llfe co euced
an aoon In said Court OF Common Pleas for the
upon sao oauses Of action and at the Octooer term
recovered Judgment against the defs nd.nt Who
peIeupon appesed the TO the District Oourt aud
al the August term, 5S, the action was dismissed
y he court without prejudice TO future action BY the
Panui that said Bates since deoeased and that the
PantDe arc his executors and have brought this their
action within lees than year from tho time Of the
sssa' OF sad action az said August term, 1885, and
ask judgment for said damages, etc
On demurrer 10 the petiton-Hed, That undar sac On
OF the Code Of Civil Procedure, the plaintiffs were en-
uued 10 year ae the dismissal within which TO com.
me- co another action, we'll for the last mentioned
cause OF action Tor the eommet Of an action upon
Shieh the time Hated had expired as for the hrst
eouoneo Cause OF aetop, upon which the time % lin.
led Tor commepcif action had expired at the time Of
the Dismissal Of the action h2 the District Oourt.
Judgment oi the Court Of Common Pleas reversed.
MOTION DOCKET.
No' lio. John Reid v. AndreR Burns. Motion for
TeheaTinR overroled. -7-' =
No l'j, Oliver P. Hines v. Mary Black. Leave to
hle petition IN error granted.
NO: 1855. James y. Woodbridge v, Anthony Banning
Jr Motion TO ,ake case out Of It's order ovsrrued.
No. z. DaV d slmpkinS v. william Way ad.
minAtaIor eI al Leave refused to file petition In err
ror.
No. lss. Robert G. Hazelwood c. al. Y. Jane. =.
Warning ct al Leave granted to hle petition n error
an order permitting counsel who have motions on The
docket 10 withdraw them together with the papers In
the case.
Court adjourned without day.