Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-02-26
GENERAL DOCKET

.tI GENEhAL DOUhBT.
No 90. George Plumb v. Alfred Robinson and O lar
issa Robinson In TO the District Court Of Portage
county. -' II.
Scott, j. Held: ..---..
l. In an application under the statute Of March 3,
1884, the redemption Of land sold for taxes It is not
necessary that any person should be named as party
defendant In the application, personally served with
process The proceeding is essentially IN rem, and so
far Its character s advesary the statute provides for
notice to all parties Interested only by publication.
2. Where lands OF married woman have been sold
| for delinquent taxes she may in conjunction with her
husband institute proceedings to redeem at any time
during the coverture. -.r4
Upon the hearing Of such application, parol evi.
dence 10 admissible to show that the legal title TO the
premises though held by another at the time OF tax SALE
held in trust merely for the henent Of the app
| cant. tr -.. ID. .-... e. ... ..s ,
No. Ill. Morris Miller v. Laura J. Hine. Reserved
i In Summit county.
By the Court-Held: .- .#b. .-. Y u
/. A deed made by married woman not in conformi'
ty the statute by Joining with her husband In the
conveyance, ise nNItty, and contract for convey
| snce is alike poid
not omiSsen within the me ining Of the proviso Of
the 28h section Of this Cd article Of the Constitution so
to be cured by judgment rendered Ia accordance
with the provisions OF the act Of April 7 1857 Goshorn
" Purcell, II Ohio st. Rep, 646, followed and ap'
proved. ID. Fl.
No. 81. John Il. White v. The Stste Of Ohio. Error
| to the District Court OF Muskingpm county. .
The paintif in indicted for assault with
intent to kill, and for assault with intent to wound
On the trial he found not guilty OF the former and
as to the Iatter charges mot ssty nf shooting with
intent to wound In manner and form as he st,nds
charged n and by the said second count Of said indict
dictment, ne, the saa ueienunn3 sntof the said In
The second count Of the Indictment for shooting with
intent to wound, is In these words: E...5ri
1.-THE said John Il. White the 18th day Of January,
In the year 1882 at the county Of Muskpgum Aforesaid,
with force and arms In and upon one Lewis c. Lowell,
At. A.t. ,.x.la awfn flx ala
and with certain pistol then and there loaded with
gunpowder and eaden balls which said pistol SO had as
Aforesaid, tie said John E. White, in his right hand
then and there had and held, at and toward him the
said Lewis O. Lowell then and there unawfully felon
ousl,, and malicousy did shoot with intent thereby
then and there, him the said Lewis o. Lowell feopious
ly unawfully and malciously to wound, contrary Z
the form Of the statute, etc
1he indictment was Endorsed by the prosecutor FOL
The sentence Of the Court was that he the said de
fendant for suoh his oense pay ne OF fifty dollars
and that he also pay the csts OF this prosecution taxed
7 at 96l9 10 " t. .-I. t..- i..l ..i Wy. sab
ell Aysrdct and sentence for an assault only might b
rendered under uch an Indictment. The assault WA
properly and sufficiently described, without adding IN
words 'in menacing manrer," contained in the stat
ute which provides for punishing assault. B. o.
425 The sentence Of the Court in connection with th
verdict Of the iu!y y sSsisnt to preclude second IN
that the Indictment should be indorsed BY the prose
: cutor for costs.
4
No, lOl. William A. Hanford ct al. v. Henry N
. Day ct al. Reserved in Summit county. Judgmen
for defendants and petition dsmlsEed. The question
being Of fact no further report will be made OF tn
o case,
v, The auditor Of Wyandot county. Mandamus. PEI
emptory writ refused and petition dismissed withou
breudice to other remedies No further report will
,r made OF the case. .
No. lO3. The Evangelical German Reformed Congr
CATION Of Canton, ETC., v. The Evangelical Luthera
Non0 aoatio of
a ty Passed for briefs,
: No. l0l Richard q. Spencer v. Henry B. Nagley
al. Error to District COURT Of Clarke county. Pass
No. ios. NortheiA Bank Of Kentuckylv. Mark Buc
il insham. Reserved in olermont county. Papers
hands OF Counsel-passed for that reason. .e0
" No l06 John O. Moorman ct al, v. Maria Mill
ct al. Reserved in Clinton county. Bill OF review d
missed No further report OF the case will be made
of No. lV7. Douglas Fannonl ct ally; W., Maria Miller
" . al. Reserved in Olinton county. Bill Of review d
missed No further report will be made Of the case.
ht No. l09, Theodore $. Walker aud Wife v. George
jenkins. Error to District Court OF Clinton county
~ No. ITO. henry Seas and Wife v. Jacob f. Theure
60 Error to the District Court Of Marion county Jud
reversed for error in last charge given to jury
!. No. ii3. Samuel P. Baxter v. John O. Delaney.
ror to District Court OF Harrison county. Judgment
District Court Of Common Pleas reversed Tor err
in admitting testimony Of special damages arising rc
loss upon lots in Davenport and cause remanded to co
mon Pleas for further proceedings No further rep'
no of the case will be made. .
nv MOTION DOCKET.
ce No. 49, William Y. Roeofson ct al. v. Chester Br
ltera Leave to file petition in error granted. 70
ne No. 10, Same Stephen Foster. Same.
- No. 25. d. Il. Blissv. N. d. Blinn, sdur. Mott
we se No. $780, general docket out OF its or
,ef ~ No. so. George Holland W Hatch Langdon. Les
on No. 81. James Gill v John deiger. Leave to ale
~ No: se Jacob Ish " John Crane tal. Motion for