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

A. d
ToEsDAy, April Q. 1902.
GENERAL DOCKET.
Mo- ee. Charles stetson v. The oy Bank of Nav Or.
eans Error 70 the District Court Of Hamilton county.
The act Of May !, 1859 q curwen, 1870, "to pro.
ydS Tor che adjustment and settlement Of the affair, OF
ncsipoIasd associations and companies" is not pcoH.
sSen. Win auu does not repeal the provisions Of he
meT Rutes allowing suits TO bs prosecuted IN the
name Of dissolved corporation; although the farther
Wnich IL Affords for the object are limited
TO domestic corporations =
The constTucIlon heretofore given TO those former
Netes; oy this Court upon the hearing of questions
s,ios 70 this case o. Sta Rep, l07 approved and
g rhs City Bank Of New Orleans. three days before
ine expra Ion OF It's charter In good faith sold and
aeseIred all its backing assets, TO he
Lousana State Bank, in consideration o an unds
log, b. the ler bank TO all The IiabjltIes ~
nd amount-Held: 'F'rs'
That this transaction was within the corporOto powers
me contracting parties ana that tho Louisiana stae
BANK thereby became asgnes within the meaning OF
ne statutes Of this State, competent prosecute an ao-
ton 10 the name Of the City Bank or New Orleans.
In an action brought against one Of the aur.ea 6or
prsacnes OF the condition Of q bond, oLecuted By the
principal In the sum Of e25.C00, AID by the sufetes
ever.IS IN tns sum Of sHoOO recovery may bo had
70 the exent or the damages proved not exceeding the
sum Of 81 500. "
Judgment Of District Court Affirmed
Judge GntLSoN did not cit In this case.
No l3D' samuei Minorv. Frederick 7. Smith ct al
Reserved 10 tie District Court Of Erie county.
sbeIir With i. ia. against church corporation
enters the body Of the churen bulldog on week day
while the sexton Is in the bell ringing the belt aud
mere " tue presence VI one, In vieW Of an organ In
Ins Baery enters on the back Of the execution levy
on such organ, and then Iedres without seeing the sex
ton, who 10 Of his pfesence-tne sexton coptn
uiDg IN control Of the bu add It's CONTENTS and in
POSSESSION OF It's btoIei aud prior the disclo
sure Of such levy, her the public or to the oeeIs
Of the church, chaitel mortgage the organ Is du Iy
executed TO. and fled by. bona Ee creditor Of the
church e1Tporataton Held:
That this Was not valid levy as saan.t the mort
l. Jurc,Ion ordered.
No sa5 John Carmichael v. The State Of Ohio. Er.
ror to Immon Pleas Of Muakingun county
GHoLsoN J.
appeared frm the statement in the bill Of excep.
ons that the person who solemnzed ma rrlage hsd no
license authority under the laws OF the State There
was no other objection c. the form Of the marriage and
Held: - ~ VS.
Tha was to be inferred from the statement that the
parties openly and mutually Consented TO contract Of
present marrage-then TO become husband and wife, and
nereltsr cohabitod as tuoh, and that this constituted
legal marriage and the man having then a wife living,
might on proof Of such second marriage be properly
convicted Of blSamy. F''
Judgment affirmed
No: 3d. Piekawsy County Bank v. Nelson Prather st
si; reserved In The District Court Of Rosa county.
| PTcK, J.
l. The Bank Of K, banking institution Of the State
OF virginia and authorized BY Its charter TO buy, sell
and negotiate bills OF exchange etc acting by is cash
Ter at In this state, oaneu money on the Of
such bills, and, amopg Others discounted bill drawn BY
and others upon In the city Of New York. which bill
was assigned oy said bank, before Its maturi to third
party nftAott nolfce tudL or conttrxctfve or tie
Hsdnner IN Uhtch tae 6tH ods acquired 6y he 6a d
er protest ior non the lndorses bTous suit
the con against the dIsven-Held;
That eEcH tndonee may maintain an action upou said
bill against the orawes aud that his right to do so Is not
aneetsd 6y section Of The act Of March 70, Iel5 Il g.
IA sh..t- a
The lhiId answer alleged, that the bill was made
payable at New York decee on the part Of the
cashier TO secure to the bank profit than could
BE- realised 1t had been made pay able At the place
where diseounted, the cashier the time we'll no oa
aad hs'iDs Rood TesAon beeve that the parties the
would noe DC prepared and ID ntepd TO pay the
same a. the Ila therein named, thereby securing 10
SAID bAnki 10 exee Of lawful interest," tho premium
e1chApge equal TO thToe per did not "a av
touee tuil or constructive. TO such indorses OF the
above circumstances Upon demurrer TO said answer
hsld' that the RDsNer does contain facts suoent 10
constitute do ense 10 the action : " "
o. The fourth answer, In evidence Of the statutory
damages upon protested bills OF exchange alleged that
a. the time said bill was discounted It was not n
BY the cashier and P who negotiated the lUan th tho
o should be paid by L.. upon whom II was drawn but
20 aver snow that the indorsee when be acquired
me pill had any notice, actual Constructive, Of this in
IGNITION or secret understanding OF the parties 10 said
bile On demurrer heidi that TIE answer did not contait
facts sosient to oonstitRte defense such statutory
Demurrer to all the answers sustained and the cause
repand'd TO the District Court Of Ross county.
bhAKERh j., dssents as TO hrst AID second propo
No: lsS. Dayton, waiervlIet Valley and xenia Turn
PIKE Co.. Adam Coy In error. Reserved IN Dstric,
court Of ersene county
0HOLsoE.J j.
tn def. ndant signed written Instrument previous 20
sne incorporation o. The plaintiff. and heein bound
Wa,ttc % m.k- M3 tErnpite knopn a. tAs Daytos
HdIsTchet ana 1Sntd 1brnpfkS Road across hi arm
At the epgnsers estimate pro loed Il crossed In
neu oHeouon orn no could not make Il to pay for Il
hs ame rate and take hs same In stock In said road
and have ready BY the time the OF the road "a
Tor travel" The Q mpsLy when aftsrward ipoorpors
ted, located the road the farm OF the deenda in
the direction specified In the nstTnmsnt and hen built
the road across the farm Of the defendant and
stock to the amount Of the engineers es innate 10 he de-
fendan, and d handed pa ment-H Held: thai the aon
ality, .- w,
turLUF, O. f.
No. I55. Administrators Of Charles W. Parker and
widow. -
The tesaor BY clear and express language in the for
mer clause Of bis WILL having divided all hs property
real and personal between his widow and her two chill
dren giving to the widow and her heirs fore YER
of his real estate and than oaethiTd of his Der
so al ettate the sum appearing to be than sueiep
Tor her i've suppoT and giving the residue OF his estate
and h is-Held
That subsequent declaration Of the testator In the
coDe'ut clauses Of the will. that said bequess and
dves to his wife we're not intended to be ana wsrs no
IN lieu OF dover In either his pers nal real estate
not opee control " ehauge The express SIS and
devsrs so before stated In the will.
g. That The widow SRvng elected to take under the will
aud tue personal property not being nteato she ID NOT
entitled 20 dtibufy share Of the pers0nal estae IN
der the statute.
Judgment OF the Common Pleas reversed.
MO- $50 he stste Of Ohio the rtIstion OF John
h; tetIenger y. JAMES T. olaypooe. Quo warrAnto.
ec0TT,J Heidi,
Tha the eceiver Of the assets Of an lnsolyept hank
appointed pnTsuat 10 the provisions Of the 4Ist
OF The act Of fe0, "a lsi5 .To Incorporate hs sts
Bank o. Ohio and other banking companies Il. 8, ard
" stat' iSl cannot under existing laws be removed
from his ooe at the pleasure OF the staie oAcsrs h
whom he " appointed. esd .N'Ti = -
.1nfornstiOn damissed aOd Judgment for defendant.
NO 10. George Williams aud William Havnea "
The State Of OHIO. Error to the Court of Oommo ps
Of Hamilton cooDty. lh '7aSeT : ~
BY .rHE COURT; H ul4 l8 Wat c.s
The pain s in error were indiced for altering ban
notes and or ssuing and Publishing them after thew
we're altered, as true and gsnune with intent To
etc. Trey entered plea Of not guilty and waiYnT
ia Jury consented 10 be tried BY the Court and We
rntD ana tOaso salV' and sentenced to mprson.
Mr.. Attorney General appears 10 Court, and subuta
reversal Of Judgment and sentence upon The roupd
ha upon h TRIAL OF an issue raised py plea Of NOT
gu M In the higher grades Of crime Il il not In the
or o. the accused To waive trial by Jury and by con.
sent submit to have the acts found by the COURT 40 A
sung,iAe legal judgment and sentence upon sas h
And the Court is Of opini,n that such is the Law.
Judgment Iever ed ana cause remanded.
MO- Iol. Samuel ay Y john W. Hatcher, Error
70 The Common Pleas Of Stark county. Reserved in the
| Dstrict Court OF Stark county. IN -7-~-
BY THE CouRr. Held;
l. Where 10 an atOn for the recovery Of damages for
the alleged wront seizure and conversion OF Roods 10
which the plan ID claimed title. the defendent spswer
simply alleging fraud in the assignment under which the
plaintiff claims the planun on the trial. is entitled 70
9. The fact that clerk Of court was fornerIv Of
counsel The case for the plaintiff In err r. he making