The Daily empire. (Dayton, Ohio) 1865-1867, 1865-12-26
SUPERIOR COURT.
JUDGE HAYNES.

account for work and labor rs carriage ma
kcr as alleged In said account for deced-
ent, at his request--defense was first, that
the account was settled--second, that II
unsettled, it was buried by the statute limi
tations; First, by the statute of limita-
tions generally--and secondly by the
statute, rs applicable to Administrators.
Jury trial, and verdict for the defendant.
Odlin q Cahill for plaintiff, Conover Il
Craighead for the defendant.
Philip Breen VS. Mary ShdRk.-Suit brought
upon an alleged breach of contract-dam-
ages laid at $500. Defendant had entered
into a written lease, By which she agreed
TO lease certain real estate in Butler town
ship of this county for period of three
years The defense was that a short time
before the plaintiff was to take possession,
that verbal agreement was entered into
by which the lease or written agreement
was made null and void. Jury trial and
verdict for plaintiff for Sl00. Conover Il
Craighead, for plaintiff; j. II Baggott for
defendant.
! John Kennedy, ct al. VS.. John Ciingmdn
survivor of B. NJ. Ayers Il Company.-Suit
! brought upon an accommodation check
given by b. NJ. Ayres Il Co., to Davis Il
Cuppy, and by them transferred to Gilbert
Kennedy tor money borrowed of him and,
! by Gilbert Kennedy transferred to John and
Joseph Kennedy, the plaintiffs in this ac-
! ton. The principal defense made was that
this was an accommodation check, given
without any consideration and that the de
fault thereon, attached to the defendant
Clingman. Jury failed to agree upon YER
dict. Cause continued. Houk q Mcmahon
for plaintiff; Howard for defendant.
William Reed VS.. HibbdTd Jeloett.-This
suit was brought by the plaintiff against
the defendant, physician, for alleged NAL
practice in setting and treating a frac-
tured limb. Defense was a general denial
of all the allegations contained in the
plaintiffs petition. Trial commenced be-
for jury, and after hearing the testimony
in behalf of the plaintiff, and about one
half of that in behalf of the defense, the
plaintiff, with the consent of the Court,
withdrew juror, and dismissed the case.
Smith & Howard for plaintiff; Conover
STutShtttl utic1lutilJ.
Wm. r. and J. p. Comfy VS.. the City Of
Dayton, and abraham Lebold VS.. the City
Of Dayton, and Henry Yost VS.. the City Of
DdytOn,-These actions were brought by
those several plaintiffs, against the City of
Dayton, for damages arising out of the riot
of May 9, 1868, in which the Office of the
Dayton Journal and adjacent buildings
were destroyed by fire. Defendant filed a
! general demurrer to each of the petit
ers, which were sustained by the Court.
The plaintiffs refusing to further prosecute
, their claims, the actions were dismissed at
their costs. Smith, Ouppy and Nolan for
plaintiffs; VIM. Oraighead City Solicitor
for defendant.
Jacob G. Repler VS.. allen Bradford, Ec-
eeutor Of Wm. Bradford, deceased. Action for
equitable relief. Plaintiff claimed that he
held certain real estate in trust for said VIM.
Bradford deceased-and asked the Court to
order the said Executor to take possession
, of the real estate mentioned, and out of
! said estate to refund to him the considera-
tion money paid by him for said land to
: Abner Stevens and for such other relief as
he might be entitled to in equity. Defense
was general denial of all the allegations
of the plaintiffs petition. After hearing
all the testimony, the Court held that nc
trust was established by the evidence and
thereupOn ajudgment was rendered against
the plaintiff for costs, Jordan for Plaintiff
Young for Defendant,
Martin JohRsORs Admir-, Us. Isdn johnson
aud Otherss--In this case proceedings were
instituted by the plaintiff to establish CO.
partnership between Martin johnson, de-
i ceased, and his two brothers, Isam and
e John johnson. Defendants denied the ex-
9 istence of any such partnership. The ease
> was tried by the Court, and the evidence
n being heard, by consent of parties, this cas-,
a was continued to some future day of the
t present term for argument.
Jordan d Howard for plaintiff; McMa.
8 hon, Craighead and Munger for defend
|. ants. .fl flfa
= Nm. Holman, Sen. VS.. p. b. Hdllanda.-
: Suit brought 10 recover rents alleged to b,
: due and owing to plaintiff by defendant
E Defendant alleged payment and claimed
setoff tor services rendered plaintiff, as
Y physician, and for certain repairs done u
d the property occupied by defendant at tn,
g request of said Hoffman, which the plain
tiff by his reply denied. This case wa
given to the Jury on Saturday afternoon
: : Failing to agree upon a verdict, the jury
II was discharged T. J. $. Smith for plain
: tiff; j. A. Jordan for defendant
n There is still largeamOunt of unfinished
= business upon the docket of the present