Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-03-02

Hon. Jacob Brinkerhoff, Chief Justice Hon. Josiah
Scott, Hon. John Welch, Hon. William White and
Hon. Luther Day, Judges: l. j.. Critchfeld. Esq,
Reporter. 7. s. Shepard. Clerk.
GENERAL DOCKET. -
No. 49, Miller 4 Co. VS.. Nathan NJ. Flour Error
to the Superior Court. Cincinnati.
f.Where NJ, creditor of an insolyent firm, re-
ceives from S. one of its members. note, and gives
when collected, on the firm debt and pay The bdidHce
to s. IN cdsh Held: lnAsuit by an assignee of the OBJ
legation, III. is not stopped from proving, nnder a
claim Of set of that The note belonged TO the firm,
and that when the obligation was given, there sub
ssteda valid parol agreement t. extend the time Of
Payment Of the balance Of the firm debt, upon which
defauthad occurred before the assignment and that
if The alleged facts be established the seto should
q Under the code the right Of set-o exists against
the persons who are the equitable owners of the de-
mand in suit.
Judgment affirmed. .s
No. 256, Robert Finley Stewart VS.. The State of
Ohio. Error to the Court Of Common Pleas of
Trumbull county.
SCOTT, J.;i f4
The plaintiff in error, defendant bel W. was put on
Court and stated that be had been one of the grand
Jurors BY whom the indictment had been found.
Pertinent inquiries had been openly made upon this
subject by counsel for the State. before the jury was
sworn to which the juror had failed to respond The
defendants counsel thereupon, in answer to an in
Qulry by tle OOuIt, ODJecteQ prOcBeQlIlk III b1o
trial with the jury then empaneed, at the same time
declining to waive any Of the defendants rights.
The jury was thereupon discharged. by The Court.
and an0ther Jury was empaneled IN the usual mode,
and the trial proceeded, the defendant objecting
thereto. p hi ~ sg19 t7Ar't1 aHa
That the discharge Of the jury first empaneled
was the necessary result Of sustaining the objection
interposed by the defendant himself. and SO did not
take place without his consent, but was an act done
at his instance, and would not therefore oper-
ate as an acquitta. nor bar further prosecution.
No. Soe. The State of Ohio ex rel. The Attorney
General Y. Samuel X. Taylor, Information lathe
No. 237. William ID. Scarf v. Sydney B. Foster.
Error to the Common Pleas Of Logan county.
BRIEKERHeFF, CD. HEIDI III 1.ssif,,y.
July J. 1862. 10 provide intsrna rcyenSs &c d
o. s. Statutes at large, 1922 revenue stamp is not
proceeding oy an esecsor 70 contest an ELECTION @ IN
ton Of State and county officers g Curwen's Stat
1920; and an order of the Court Of Common Pleas
dismissing such proceeding for want of stamp is
| reversed and cause reInanded. = 10
| q The tenth section Of the schedule Of the Con-
stituton Of 1851. which provides THAT all ofiiceri
shall continue IN efce until their SUCCESSORS shall be
| chosen and qualified" !" was not intended ae perma
meet provision Of the Constitution and as such. ap
plicable to officers chosen under that Constitution
or ADD inted under the old ConsttHtion. and whose
terms 0f Office did not expire until after the taking
| effect Of the new Constitution.
q The term of Office Of Judge elected 10 fill a va
c&ncy' IL limited TO the nnexpired portion of th,
| regular term in which such vacancy occurs; and
co1mission assuming 10 confer official authority 10
longer term is as to the excess, imperative. Con
s'lsuTS TSoaab thS neglect Of sheriff, by procama
ton, TO give notice Of election may be competen
evidence, In connection With other circumstan?es y
prove fraud conspiracy on the ground Of which al
a 80 as-+