Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1864-02-04
sUPREs1E COURT OF OHIO.

TUESDAY, Feb. .. 1864.
Hon. William V. Peck, Chief Justice; and Hon.
3 jacob Brinkerhof Hon. Josiah Scott, Hon. Rufus
!. Ranney, and Hon. Horace Wilder. Judges. l..
j.. Critchfeld, Reporter.
GENERAL DOCKET.
No. 25l. John Cawson v. The State of Ohio. Err
ror to the Common Pleas of Hamilton county. Re-
served in the District Court.
Brinkerhoff. j. Held: 1'9t h U1
On the trial Of u party charged with crime, evil
dence OF the declaration OF acoconspirator with the
accused for the commission Of such crime. when
made in the absence Of the accused is not evidence
against him to prove either the body of the crime
the existence Of the alleged conspiracy, unless they
either so accompany the execution Of the common
criminal intent to become part Of the res gestae
or in themselves tend TO further promote and for
ward the execution Of the common criminal intent.
Judgment reversed, new trial awarded, and cause
No. 81. Luther A. Hall V. Samuel Plaine and
Others In error to the Court of Common Pleas Of
Wilder,J. Held:
When lands have been purchased by one and con-
veyed to him for the benefit of another the deed OF
conveyance containing covenants OF seizin, against
membranes, and general warranty, which covenants
are broken at the time Of the execution of the Decd
and the party for whom purchase and conveyance
we're made subsequently obtains conveyance of the
land from his agent and trustee, such party may
maintain an action in his own name, undor the
eDa Yd did not pss to him BY the mere
Of the land or have not in terms been assigned
TO him A "
. ",
No. IS. Blaney Morgan '. David 7. Hoke. Error
to the Superior Court Of Cincinnati.
BKINKERHOFF, j. Held:
l. Where an agreement, not within the purview
of the statute of Frauds in all other respects com
plete-and in the ABSENCE Of any understanding be-
tween the parties that the should not be com
plete until reduced to writing-the same will bind
the parties, although it may have been. understood
% he formally reduced to to writing and executed.
2. An agreement may be complete although by
its terms the obligations and rights of the parties
may be made to depend on the terms of contract to
be subsequently entered into between one Of the
parties to the agreement and third party
No. 81. julius A. Penn v. Matilda Hayward ct al.
Reserved in the District Court of Clermont. I,
PECK, q. j. Held: 'fk
ist A Court invested with general chancery pow.
in this State, may decree specific performance of
agreements to convey lands lying in another State
where all the parties still bound by the agreement
are within the jurisdiction Of the Court and have
been served with its process.
I'd. But where part only of the persons from whom
such conveyance is required, are residents Of the
state and the court has not acquired jurisdiction
Iete relief cannot be had in that suit the cause will
be dismissed; especially where no real necessity
lists for trenching upon the rule discountenancins
g. The last clause of Sec 40 of the code authoriz-
ing suits for specific performance, sin the county
where defendants, or any Of them reside" is TO be
limited in its application TO suits for conveyance Of
land situate 1eithin this STATE and a service by copy
Of summons and complaint under sec. a. where the
suit is for conveyance Of lands without this State,
will confer jurisdiction the person served
4. Where the court has acquired Jurisdiction over
the person Of defendant obedience to its decree may
be enforced by attachment for contempt under sec.
4SS of the code, whether the lands ordered to be
veyed lie within or without the State notwthstand-
ing sec. 375 making such decree operate per to
lands within the State. Randall o. Pryor, Ohio
424, followed and approved.
Petition dismissed at cost of plaintiff.
No. sc. David o. Pinkerton, ct al " James Phillis.
Erro 10 than nietr ct IF I,do
ment Of District Court reversing Judgment Of the
Common Pleas, and final judgment Of District Court
also reversed, and cause remanded. Special Entry.
No. 75., Eli Davis ct al v. John d. Briggs. Error
reserved in the District Court of Athens county.
Judgment affirmed on the authority of the State for
the use Of Story v. Jennings, Ohio st. AIS. Same
case IA Ohio st. .ff
Fifty more cases were called to-day. beginning at
No. l01. v.s