Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1864-01-21
SUPREME COURT OF OHIO.
January Term--1se4. a.

| 100 f1l january AoEln-~l lo0fs t |.t|a
asj{tt VaX 10 sn TUESDAY, Jan. 10.
Hon. William Vi Beck,n Chief Justice aud Hon
Jacob Brinkerhof. Hon. Josiah Scott, Hon. Rufq
J.Cntchheld, Reporter. =
O." ~ il''i' GENERAL DOCKET.
No. 40. The Union Bank at MassiIlon Y. Philip Y
Bell and others. Civil action, reserved in the Dis
! Bripkerhoff, ]. Held t .g.5-i.3.I
!. Benehciaries under conveyance Of land "a
sD iS% Of a.
| trust for the benefit Of creditors, are
under. section thirty-fye Of the code o
ofciyl procedure, proper parties defendant 70 pro
foreclosure and sale Of the morteaged premises
And, beipgsuch defendants, they have right to ose
the TaSess de tie s%Sa n
for the benefit of creditors may have neglected or re-
3, The doctrine that party seeking affirmative
relief in court of equity against usurious contract
either by way OF original or cross petition must first
do equity by rendering the amount due exclusive ol
the gsury, does not apply to defendant actins
Demurrer to answer oveTuled: and cause remanded
70 the District Court. iai1 oI
No.el; Solomon Smetters ". John g Rainy ct. al.
Error. Reserved in Fairfield county Motion to quash
Peck, q. Heidi. All tho defendants in joint
Judgment are necessary parties 70 petition filed by
so plaintiffs or defendants in conformity with the
provisions Of Sections a. So and 80 Of the CODE TO
parties TO civil actions. hi.
the petition within three years from the rendition Of
Judgment. the revising court has no such jurisdiction
over the subject matter as will authorize them to
verse or modify any part Of it.sf
B.. Any such joint judgment debtor, who is not
made party TO the petition of his codebtor, until
after the statutory limitation has attached, may, up
on being brought in, plead the statutory bar, and
such plea will oust the Jurisdiction Of the revising
Court 10 or modify any part of the Judgment
Nofurther report will be made in the following
No, 20, Theodore s. Walker and wifeiv. George s.
jenkins ct al Error 70 the District Court Of Cin-
ton county. Judgment affirmed.
Admir- OF al. Reserved in Knox county. Judgment
for plaintiffs; order for sale Of Yauger lands and
against administrator for residue.
mo. 81. John N. Rdgway " John b. Eaton ct al.
In error TO the District Court Of Hamilton county.
Passed with leave to plaintiff TO file original papers
etc, q Curwen. 2s2o, within thirty days.
Error TO District Court Of Hamilton county. Same
No. 50. Lysle Ledwick v. John B. Eaton ct al
Erygr to District Court Of Hamilton county. Same
No. 81. The State ex rel Almon d. HUFF v. Tho
Warden and Directors of the Penitentiary, Per-
emptory mandamus refused,
No. o2s. The State ex rel. Hosea ct al " Trustees
of LIST Congregational Church of Cincinnati. Leave
given to file demurrer to writ. .f
y 'sfr.N MOTION DOCKET. .t- .
No. 81. Samuel West v. John w. Meddock. Pass
cd for notice Of motion. - .,,-s.I ~. ~.
No. So, A. Brasher Ct al v. VIM. E. Marsh ct al.
Motion 10 dismiss overruled, without prejudice.
No.55! L.. M. Jonesv. Wilson, Carr q Co. Leave
granted 10 file petition in error, ...l t.l.l
No. 81. Francis Beresford v. Nicholas w. Thomas
OF al. Motion to docket case granted
No. s.. Merrick Burton v. Matthias Finley. Leave
given TO docket case. 4frf arra n r-
No. 50. H: G. Phillips Executors v. Catharine
Phillips Motion for leave to amend answer. Passed
for notice. i' w
No. 81 Robert Seeds v. Simpson Knox. Leave
granted TO file petition in error. ~ ....I.f.,.
No g. The State ex rel Adam G. Collins ct al v.
j. @. Ashbnrn, Judge, &c. Motion for mandamus
Passed, Six days notice 70 be given TO defendant.
No: 90. p. Rose V. G. p. Smith. q Leave TO file
petition in error refused. ....f ft-......-,..
No. 81. The State ex rel Anthony v. Goshen Town
ship. Alternative mandamus allowed.
Adjourned until Thursday morning. at 10 clock.