Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-06-27
SUPREME COURT OF OHIO.

lTltuus JAMES DAMN ITO opiS NN'NNi, NPN'
the success and prosperity attend HIM
SUPREME COURT OF OHIO.
s-s..-,F SATURDAY, June "a, 1865.
Hon. Jacob Brinkerhoff, Chief Justice; Hon. Josiah
Scott, Hon. William White. Hon. John Welcl i
ESQ. Reporter. T. s, Sheppard, Clerk. =, ~
GENERAL DOCKET.
No. lO3. The City of Newark v. h., ). Funk
Bro, Error to the district Court Of licking county
Salaries Of officers of incorporated cities, due and
unpaid. may be subjected by judgment credit RS I
such officers to the payment of their judgments,
under the provisions Of Sec 45S Of the code of civil
judgment affirmed. E.BfFSR.,,
No. ITO. james Gill v. John Geyer. Error to the
Superior Court Of Cincinnati.
DAYJ. Held:
j. Where two parties enterinto an arrangement
TO manufacture wares, one TO furnish the capita and
receive two-thrds of the profits the other to super
ined tho bushes. and have one third of the prOht
and they so condnct The business and keep their &c.
counts, through series Of years, as to shHw that
they intended, by their arrangement to divide the
net profits of the business losses VI ware by lire must
be deducted from the profits before either party Is
entitled to his share thereof.
q Where, in such arrangement no provision is
made about the time Of adjustment and division OF
profits between the parties, and they neglect to make
any settlement until the close OF their business,
neither party can then be required to adjust the
profits as if settlements had been made from time
tOtime between the IN, but the profits must be asee7
tained from fu ! settlement OF the whole business
as il stoo at The close thereof.
Judgment affirmed .,,,
No. iO7. James Brennan ct al. VS.. John H. Whit
ak T ct al. Error to the District Court oil Lucas
county r-
WHITEJ. =
Where the owner Of a fee erected a building for
q steam sawmill. Whicn. without substantially al
terng the structure. would hsve been, comparative
y OF little value for any other purpose; and ,the
boilers, engines. saws and gearing and other ma,
chiner' for APPLYING the pewer, were so attached
and adapted TO tho structure es 10 snow they wee ere
desig ed to be permanent. and, without which the
mill would be incomplete Held: - 4lls
l. That as between the owner OF the Zee as mort
gagpr and his mortgage, in real estate mort
cage, such properly to be regarded as fixtures.
2. Where the annexa ion OF SAID property TO the
mill was made by the owner with the consent OF the
holder of a chattel origage upon the properly 5,
annexed, such mortgage, though duly filed and re-
newed, was imperative, as against suoseque y
bona de mortgage Of the real estate, without no
3. Actual severance before the making dt the
real estate mortgage, or notice OF binding agree
ment to sever, is required, in such case TO deprye
the mortgage of the freehOld of the righ' to fix
lures. .
No. 10S. Mary A. Hoffman v. John Hoffman. Err
ror to the District Court Of Lucas county,yp on
BRINKERHoFF, =. }: Held: -, ..sF.-l,3
l.. Where Court Of Common Pleas, on rendering
deer, Of divorce, further decree the custody,
care, and control" of the minor chdren ct the mar
riage to OF the parties, a Probale Court, while
such decree remains in force, cannot, as between cen
custody decreed. either by haoeas cotus or let
ters OF guard Ianship.
| D. The jurisdiction of the Court OF Common Pleas
over the subject of the custody of children in di-
| yorce cases is continuing jurisdictiOn and may,
on proper application, be invoked to molify orders
originally made in respect to the custody Of chil
dreu whenever the character and circumstances Of
| the case or Of the parties require 1t. ~"
Judgment OF the District Nourt, and orders and
lings Of the Probate Court reversed and petition
| Of plaintiff belo" dismissed. t a.'a
| II Tlk w MOTION DOCKET. Ll .
| No. 3. The State OF Ohio, ex rel. Daniel Beckel
The Trustees Of Union SnsemRp, Union o9Sa ,
bS S PCsS faas shS Saaas Raa Com
psny was i1coTgoraed BY an &C! passed Feb 2sd
things, that the County Commissioners OF an coun-
| ty through which the railroad might be located,
should be authorized, after obtaining vote OF the
qualified voters of their cOun in favoro subscrip
ton to subscribe auy sum moi exceeding IT, th0a
sara dollars to the capital stock of said company,
and to borrow money TO pay the same, &C., and 4
the COmmi missiOuers OF any. county thr0n d winch
| the road should pass should not be authorized by
the vote Of the county, 10 subscribe stock 70 satd
| road, then the Trustees ef any township through
subscribe to sueh stock any sum not exceeding nifty
thousand dollars and provide for its payment in the
| same manner that County Commissioners had been
This act ef Incorporation was amended by the act
Of March u, 1851. which provides: Thai the COM
missioners Of any county through or into winch the
road has been or may be located which has not here
tofore subscribed, the Trustees OF any Township
or the city or OF any city ortown IN any
such county, shall be and they are hereby auhmis.
ed TO subscribe to the capital stock Of the company
anv sum not exceeding fifty thousand dollars, Under
he prorisions of the act Of Incorporation Of the com
pdnv, passed February 23d iS49. and to pfoyldetol
the payment Of the stock in the zane manner that
County Commissioners are authorized TO do by said
IN ,be lsthof April. 1851 Union chdhty subscrib-
L,.l ;,s iasin Slg 500 the caDi
tai stock of the Company, suc1 subscription having
been previously authorized by vote OF the electors
fsnnSssSuently nS the Trustees Of Union township in
the same county. ordered an election to be held in
| their township on the question of township ub'
cption 70 the rsr0sd s5ofb S ina par
On the 9th of July 1851. made subscription on be-
Rsif Of the township to the stock of the COMPANY
and in payment therefor e1ecateq ana issued "a tne
Of Indebtedness TO the amount OF the subscription
On proceedings in- mandamus. on the relation Of
B.. a bona ide assignee and h.,lder of portion OF
ship to levy tax TOR the payment Of the principal
and interest due on the certifcstes-Held; e,,
That under proper construction # said acts, the
Trustees of the township were not authorized 10
subscribe to the stock Of the company, after sub
scripton had been duly authorized and made on be-
half Of the county and that the ACTS OF the trustees
posed no obligation or liability upon the township
Heppie V. brown Township $50 st. Z. BID Zap.
proved and followed. Peremptory mandamus re-
No 1O7. j. Fl. Lindsay ct al. ". Lewis Cook
Leave to file petition in error refused, g.,
M 100. John L. Gill 4 Son v. +. A. Sells
7 save GRANTED TO file petition in error.
No 1iO. John McClintock v. Frederick Cogs-
we'll, Leave TO file petition in. error refused.
"SNSt iii David Wood ct al. v. John Deterer.-
Lave "a, file petition in error refused, VIZ. uhf
No iiQ. Clinton Myers v. Anna Saum. Leave
to ile petition in error refused 49, a.. q
Issy. In e petitioni in error refused. ~ 1a4 n.2'
No lis. Breckinridge Wilson v. Charles Mulby.
Leave 10 file petition in errpr refused. G IiHL.
t;nn docket except those passed for notice or other
reasons. and as 10 them an order has been en- cred
aowing parties TO withdraw the papers, and appy
TO single j udge in vacation.
Adjourned until Tuesday morning, September
18th, 40 iooclooK' oEt ID a.n18lI lsldrJ ..cd5u