Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1864-03-31
SUPREME COURT OF OHIO.
sgftgF ~ TUESDAY. March 90. 1864.
Hon. Jacob BrnkerhoH, Chief Justice; Hon. Josiah
Scott, Hon. Rufus p Ranney, Hon. Horace Wild
err, and Hon. William White Judges
GENERAL DOCKET.


Scott, Hon. Rufus 7. Ranney, Hon. Horace Wild
er, and Hon. William White, Judges.
GENERAL DOCKET.
Mob. Balm 4 Balm VS.. Caleb b. Wicb, et al i
Chancery. Reserved in the District Court Of Trum
bull county.
Where w. died testate as to pert Of his property
and intestate as TO the residue, leaving widow VIII
/. That such election did not bar the right of sue
widow to her dstrbutiye share Of the personal es
tate not disposed Of by the will.
and allow to such widow her years support, as re
quircd by the statute, and she. after the expiration
Of the year, dies. without having waived or relin
quished her right TO such allowance, the same sur
viyed 70 her personal representatives. =
8. Where such widow by her will constituted th
persons. who are executors of W., with others he
residuary lcgatees. all Of whom together with he
executors are defendants and the complainant an,
others distributes Of W. seek On account from sale
executors Of the personal estate not disposed Of b,
/ what would have been sufficient amount for suci
| years support, and the same might be asccrtanet
and fixed by the master in taking the account.
al property Is primarily liable for the payment o.
debts yet where the testator, by the disposition
made in his will, clearly designates a particular
The Chief Justice dissents to the first of the above
propositions but concurs in the remainder.
Ranney j. having been Of counsel did not sit in thi,
The lst and Cd exceptions to the Masters report
are ovcrruled. The Sd and 4th sustained, and the
remainder are remanded TO the District Court for
disposition' '' ''N'' ~
No. a7s. The State of Ohio ex. rel. William B.
| Wilder. j. Held: ''N"'''
| /. A judgment Of the Court Of Common Pleas in
the of contested election is not vacated its
force suspended by tho filing of petition in error
in the District Court 10 reverse such Judgment and
an order of Judge Of said District Court suspend
ing the execution thereof and suPersedeas. under
| 3. A peremptory mandamus will not be awarded
against the County COMMISSIONER. TO compel lnsm
aScfpi SSSa ana dn IN SG bond
test before the Court of Common Pleas. was found
by said court not to have been elected or entitled to
the Office. while such finding remains not reversed or
set aside.
Peromptory mandamus refused,
Alonzo Baily VS.. Samuel Smith ct al. Error 10
Ranney ]. Held
l. The usury laws of the State of New York ex-
tend only to the loan or forbearancc Of money and
have no application to tho sale Of promssory note
for less than its par value. - -
2. To enttle holder Of negotiable paper TO the
benefit Of the rule which protects such holder from
he should have. paid the face Of the paper.
g. II seems, however, that he must have paid its
fair and reasonable value, per Ranney j.
secured by mortgage on real estate, to bona % Sdc
endorsee does not enttle the holder TO forccose the
mortgage when it appears that both note and mort
Judgment Of foreclosure reversed, and cause re-
manded for further proceedings.
No. 81. II. NJ. Branch v. Samuel Dick. Error to
the District Court Of Darke county.
Scott, j. Held: ~ '''''''
accounts of the defendant against the plaintiff are
set up as defense and also as cause of action in
favor Of the defendant against the plaintiff. If de-
cree is rendered in favor of the defendant on such ac
counts in the exercise Of incidental equity iursdic
princSa caSS Dropep Is sueent naGs nf ne Tl sne
ton to appeal the whole case; as the inseparabe in
cident is included in the principal.
2. Where, in a proper case, the court fixes the
amount Of the appeal bond, at a sum less than has
o aecreeI W =; Pu Wy Cno 70 tne ap;
s e nt ~ oVnu ILL., 20 =; ;l eno appcal
oont ioi '""' iea'o Do u's"ou Wy 'no appellate
0rSer of District Court ANIMAL
nd csnsn ~ romsnJed N''''''"e "ppo"' i0'oiseu'
"il NJ s%r'o "a iosanh II Corovor w;u;or, pou..
;r a, ~ l ai n f, AZ ". W iipu p otTL r anu
Iii iii, os o., hPpe"' 'i 'no OVnon 1ieas Vi 1ruin-
"I1t d. ooan.3 =; A. D;...:.. o.. III
n:ii nne:e,seL ~ ir w ~ piS'IIci Ii, Hour''
WLnHe WRrLLnkerp5on, y ~ y. 10 ~,
b,anI form Of Ssed of aha desead
aft ~ - sIIod NJ uTe @ y. uesgneu W oe
anereaIter M nilea nP 80 70 convey sma piece Of
III niS - ;n nd ae, e. s.o ioI svngo mouse,
itnossa ss ad J & wo
provide for the proof acknowledgment, and record,
Vi % ans o without the
deed 50 as to maze the same on its face MORTGAGE
to ?. Of four thousand doslsDsnd H. received tSe