Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-01-15

Company Lieut.. Van Horn, wounded se-
yerely; James Walter, killed; Henry Dunham,
wounded severely; Milton Fruites, George
Seigle, wounded slightly.
Company K-Sergt. Phillips, wounded slight
ly; Corporal Morrison. Geo. LoWery, wounded
slightly.
All occurred on the 3lst of December, 1862
Supreme OOuTt or Ohio.
Hon. Milton sutla, Chief Justice; Hon. William Y,
Peck, Hon. William Y 0hoson, Hon Jacob Brlnkerhof
and Hon Josiah Scott, Judges.
L. J. oritchaeld, Esq Reporter.
TUESDAY, January l3 1868,
GENERAL DOCKET.
No. So John L. Gllv. willikm L. Miner. Error to
the Court Of Common Pleas Of franklin county. Re.
served In the District Court,
BrinkeTh0of, j. Held
/. When judgment debtor in civil action Is imprs.
oned under order Of arrest issued on the Judgment
from the Court OF Common Pleas, and the sheriff or
ailer demands from the creditor the payment
Of jail fees weekly in advance, and such demand 10 not
complied with, the sheriff is thereupon justified in per-
mlttng the prisoner to go at large.
9. In an action against sheriff for permitting the
escape Of prisoner In custody under civil process and
such prisoner was by law privileged from arrest such
and not be made available to the sher in bar of the
action. . . r....---.
Judgment reversedand cause remanded.
No. 81. ]. D. stoutenberg and j. o. Evans v. Archi-
county.
scott,J. Held
/. An agreement that defendant in proceeding for
divorce shall withdraw his her papers, and make no
defense In the case, Is against public policy, and there
fore void and promssory note executed In consdera.
on and pursuance Of such agreement, Is without valid
consideration.
2. Where facts, constituting cause Of action or de.
enbe are stated In pleading matter Of belief only,
and not positively. objection to this mode Of state
ment can not be raised by demurrer.
3, Allegations denian a paYtv NJ n
lar time the owner, the holder Of negotiable prom
ssoIy note are not mere conclusions Of law. As state
ments Of fact they may be indefinite, but this defect 10
Trustees Of schsol Section &c. etc. " Odln o. Bt.
B. 800, approved and followed. Judgment Of District
Court and Court Of Common Pleas reversed and cause
No. 5s. George Robinson ct al. Y. William Ward.
Error to District Court ofPortage county.
i. URder the act of 10Th April 1858, (5s O. L, 1881,
partnershp, engaged in the business OF banking, was
liable as such to the tax imposed by that act. -
II the assessor failed to call for the statement OF the
average value of notes and bills, discounted. etc,
qured BY that act the county auditor was authorized to
take the steps requte to obtain the statement and asses
the tax.
No. all. Thomas ". HsDermsttv, The State Of Ohio.
Error to Trumbul Common Pleas.
Peck, ]. Held:
Ist THAT in for rape ut Is no. competent
for the accused to prove that the prosecutrx on the
day that the oense perpetrated had made an ar.
rangement with third person to have sexual inter-
with him at another time and place. and aso
have such intercourse with him. at the town which they
were approaching, on that night In her husband did
not meet her there.
%. Where In the course Of an inquiry into the general
character Of the prosecutrx for chastity some Of the
witnesses for the accused spoke Of ssoe reports Of
setua between neE ana aoer
Nv a =, t poeu auo " pIVol vi SUCH spesnc
Ppsn mot @ iol .ns s's.e Dy way OF re-
pu'.a, ~ ouoS snIyPoI steTcoeTSo e0eT
nc rsnr,a.,o so N , suSn oases ho'
II vac os1sS1tS accrsitai was ''" Du' "ne'nei
We, S.sos. ge'o. aay A...ses ueo. eusses. aHs
Tn ~ 9Iaoo, .osSV9a W anu n Sause tSmsnaea'
Reseryei N he bisrist o1uyt Of Farasd acntn
nesetu St,,G ~ 'Io . g0' oouttoi rarneid county
snthT IT, 2. S' Held. Held;
.aoa =; nas a. ,,Io, on sie par' oI Iustce 81 ihe
ns Az H. ~ % Pioeeeuns DeLoIe nm 70 enter
me .haraoS on III Say VI Palucuary sta.e tne ma
'a yn Is1s uoes not fenaer tne subse
tusa' "a That The ssct ~ an .epa.r,,
hssn ,ssned a. the 20 nave
cssInss, sliougS oenomanSted an 'Amdavlt ior pro.