Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-27

the figure was thus placed atsr the figure O. to show
that the lst day Of grace would be the 9th Of January
Q. bill OF exchange drawn by g. payable to the or.
der OF H. but not indorsed handed by the defend
ant In the action to the plaintiff who had been previous
y in the habit Of indorsing for each other with
guest by the defendant to the plaintiff TO iorse for
him, which the plaintiff did, and the bill was subse.
quently ndorsed by H. and negotiated. The name OF
the defendant was not on the bill. The plaintiff was
compelled to pay the amount Of the bill to the holders
and brought the action on contract alleged to arise
from the circumstances stated recover the amount so
paid The defendant relied the statute Of frauds
defense. Held--ihat the circumstances showed, no
confederation moving between the plaintiff and defend
ant, sufficient to create distinct and independent con
tract which would not be aectedby the statute and no
liability the part Of the defendant his property,
other than that which arose from implied promise
indemnify, which PROMISE not being In writing, created
no legal obligation.
Easter v. White, l2 Ohio st. 2I9 approved and fol.
lowed.
Judgment reversed.
No. 1873. The State Of Ohio v. BENJAMIN Williams ct
al; Error to the District COURT Of Lorain county.
RamseyJ.:
On the 10th Of August 1858, defendants entered into
recognizance In due form, before OF the peace
for the appearance Of one R. at the next term Of the
Common Pleas Of the county, to answer charge Of
crime. The rscognlzance with transcript OF the pro-
ceedingg, was regularly and In proper time returned by
me Justice TO the Common Pleas where upon the same
ed at length In the record book Of that Court bat
memorandum thereof was by him ''entered 10 the
fs'
court r. was regularly indicted for the crime and fail
ing TO appear the recognzAnce forfeited and an en-
try thereof made upon the journal. Upon these facts
held That the failure Of the CLERK to enter a memo
randum OF the recognEances in the minute book of the
Court as provided in the act Of March l2 1853 rela
ting to the entry and recording OF recognzauces In the
court Of Common Pleas" e 3. O. Stat, 1I93, Is
because:
J. The memorandum provided for is merely tempo
rary substitute for the full record In the Common Pleas
nha I.o.-
BY being recorded at length by the Clerk 10 the
record book OF that Court.
Judgment Of the District Court reversed and that Of
Common Pleas affirmed.
No. l49. u. G. Whiting v. Patrick Ropera ct al
Error to the Superior COURT Of Cincinnati. Judgment
affirmed upon House v. Elliott, Ohio ct. Rep sg7--
No iurlhsr report will be made Of the case,
MOTION DOCKET.
No. 67. Ashbel II. Barney v. William H Abel sur.
yiVor. Motion to reinsate case on General Docket
0verruled.
Nos. SO and 81. Benjamin E. Ludlow Administrator,
eic " Charles B. Clarkson ct al. Motion to dismiss
Dill OF review overruled authority of Lonzworth "
stuIges aud Anderson, Ohio st. Rep 690 Motion to
continue granted.
No. III. Matthew Hughes v. The Board of Education
Of Madison Township, etc. Motion for rehearng over.
No. JIG. Ell oziaS Y. George ]. wehrl.y. Leave to
ale petition in error refused.
No; III. Matthew Broughton v. Frederick wo ct
al: Passed for notice Of motion.
- NO; Rs: 0hio ex rel George B. smythe v. William
Durbin ct al. Motion to dismiss the information
granted.
No. 123 Thomas Stone v. John A.. Grove Leave
granted TO file petition in error.
No: 2a Ohio oer rel. Treasurer Of Athens county v.
rhe Auditor Of State. Alternative mandamus allowed
to issue Ieturnable as required by rulo 49,
No. 10. Proctor & Gamble Z. @. Burkam g. 90.
Leave to file petition in error refused.
NO. Ho. Cincinnati dS Spring Grove Street Railroad
eta Motion to take General Docket out Of its
order for hesIing. Motion continued.
No. lW. Timothy Murphys Administrator v. The
| file petition in error.
The Court appointed A. q. Thurman, O. N. olds and
j. CItchheld, to prepare rules for the government
OF the office OF the Clerk Of the Supreme COURT to bt
| submitted to the Court at the next term. ..L--.
Adjourned until Thursday morning next at 10 O'Clock