Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-01-24
suprcmo Uourt or ohio.

the prucetpiuSd, ~ tho tamqP1 ossw f'ron " |
Abolition fetrenchmenG! = " - - +"
Supreme OOurt OF Ohio.
Hon. Milton sutlia, ohitf Justice; Hon. William v.
and Hon Jesiah Acptt! Judges, Y III ~ ,NDHl
L. J. oritchheid, Esq keporser.
TUESDAY, January 90, 1863.
GENERAL DOCKET! N
. No,7s. Charles L. Boait VS.. Charos 8. Brown.
Error 70 the District Court Of Huron coun'y.1 ysiRl
S.yDs S agreed Win r. u loan him $780, on his
note, to he Egnsd yB., a. his surety. note In the
following terms was drawn up and signed By r.. we
lointly ond seyeraly promise TO pay II. L. II. i've
hundred dollars on ten days notice. attenper cent"
This note sent TO D. for his signature, who, not
having ink at hand, signed It In pencil and returned
lime, sink oyer," his signature, n desired ". then
presented the note to II. and Informed him OF BIS
promise, which he aEreed should DC psriSr@ed, neg;
annusilyn were In the note, and at bis request hoae
words we're added 10 the end OF the note by who then
delivered the note and received ne money ine
note TO be valid. b. was not present and knew noun
ipg Of this alteration Some weeks aterwaId met D.
the store Of f., and him 10 INK over ns
sRnature 10 that noten assigning as reason Tor the
request that the pencil signature might wear on. b.
went with him into the store Of r., and, In his pres
ence did trace over his pencil signature with Ink with
SierstIop Which had been made Upon suit brought
by The assignee Of II, against the surety B.: Held
That the words added to the note were material, ana
that under e foregoing state Of facts the note never
hneauna In AIihey form. the valid nofr Of " |
Judgment affirmed :, 49,, m,..
No. 70. James W. TnomPson g az, a, y. ann p nh0np
son d AZ. Error TO the Commsn flsas o mon!oe
county. Reserved In the District Court 81 that county
Brinkerhoh, -: Hello: a..
On the trial OF an issue NJ Pioceeang unus. sne
statute TO contest the validity OF N, uecAIe'ons
10 reference to the mental capacity Of the tesatoi Of
legatee deyisee who Is party defendant 70 he pro-
ceeding, are NOT admissible IN evidence 70 ne
wi where there are other deviaees or egaees nnose
interests may be iDjurousy Affected py Inc Of
Judgment affirmed. y. :, !. ~ ~.
No. l24. Commissioners OF ueauea county y. hules
P. Ranney ct al Error to District Oourtloi Heauga
county. - fYtst1ta9g II blE egrcfga.-G
GholsOn, J. .1i.i,.,t, s.e. las. "A ii
From the action OF Board Of county oommissioneIs,
under "An act to regulate the fees OF attorneys and
councillors at law, passed March ., io4f w " eD
allowing the claim OF the counsel assgreu y oesna an
aosn' a%o"ns aiosed have no 70 appeal 70 the Court Of
Common Pleas u 7sri,4 e'i efo.s ,'-ic-'
! Judgment reversed. .ell.x.U cI &c
No a. Commissioner q Lake S county at ,O VI
In th, case, depending on the same point aecidedin
the preceding, the judgment 10 also reversed. -
to District Court Of Pcfaway cOany.sJ .ls i ,si,-
| Peck, j. Held:
That the saving In the repeating clause Of the acI OF
sons" Il O. Stat 596 OF rights and liabilities dccry
ng under The acts thereby repealed ana me M M
snoa,s ,sbts. etc which were flen aaaturig but not
matursd, and the remedies therefor Therefore, suit
may be maintained under seci 10 OF tne act ioot
Chase. lIo4l upon guardans pong execuIeu in % NJ
10y ,Or ~ soy sSs,n,. ~ Ssrs 81
deceased obgee 70 the extent OF tne &sesn ~ them
received, after hna settlement py lne aominsIesor pe
the proper oour an aUa n
been presented therefor % snch sdminsrator, sucn
suit could then have been agMn me
he living even s1cn S,a ny.
ment affirmed. . los q slg,ss., : ,,.gp 80 ?
No. 60 Chester Beepe refer Scnelot ~. AZ Hrpni
to the Court o. Common rieaS o. A0ram ooun.y, ny
served IN the Dntrict Cour1' ..v, .,., ..,r, 81.
Sutlin, Y. - heid.
IL Where an action ior trespass upon Ianos, tne oe
fendant testnes tna me acn " were eYne
BY him as supervisor IN opening Pppnc nlgnWRy oveI
the lands the record OF the o 'necoun com
missioner inregard 70 the roaa not incompetent evl
denoe, because terms me petitioners Ior tne fesa
andhoders, instead OF neenolders nor pecauhe tne
viewers ere not described as dsnterested
Of the county; nor because does not snow tnst sne
plaintiff had notice OF tne ume anu PAce Oh 'ne etDg
Of the viewers -1..i ,Q-sl, t,.. y yin gssel Z q
e. not competentior tne plantl y sncn cases 70
INTRODUCES parole evidence 70 snow tnat ucn wa
unauthorzed BY the OF .ns. sns aosa VA
notice or knowledge Of the meeting 81 me oil
the Location oi me rosa; 'udgmen' Aimsr NJ s eas
Gholson, j., oissenteo, ~. .as,.,.,..,s,
| Of James ,. Irvine. Error toctne RbEcs oont' "
| Holmes county d, vFc5e-n rds tgls ac Ays4
Scott y; -. 49,, :, s,SaA. t.,..,.
Pill IN cnanceiy was hlea " 20 cnaIEins Ias ~
the equitable owner Of certain pre- se to which 1.
had been permiueo g acquie 'ne e9al us uhlsr an IN
agreement between tne pAlpes tnss 4 sn0uo noa wv
sgsi u's messy re 81 ~ bs .e sV y, W5p
moneys advanoea y 4. lor. .ne ase oI NJ.
Tne case remaineu penang ioI yesa,, Men ~,
hpal decree was rendered ior complsnanr tne
conUt ~ ~ ~ be asbt rom H. 70 H. ncIudpr inter-