Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-05-24
SUPREME COURT OF OHIO.
TUESDAY, May %, 1865.

..t TUESDAY, May %, 1865.
Hon. Jacob Brinkerhoff, Chief Justice; Hon. Josiah
Scott, Hon. William White, Hon. John Wech saI1
Esq, Reporter. 7. 5. Sheppard, Clerk.
GENERAL DOCKET.
No. 81. The HllsborOugh Cincinnati r. R. Co.,
v. Vincent Brown. Error. Reserved in the District
Court Of Warren county. : Judgment of Common
No. ss Lewis Hall v. Samuel Tyler. Error to
District Court of Delaware county. Judgment OF
District Court and order of Common Pleas reversed,
and cause remanded to Common Pleas for further
= No. 50. Joseph shehan's Admir- v. The Cincin-
natl Hamilton 9bs SrysR S1r R S & Jude
ment affirmed on the authority of Whalan V. NJ. r. d
L. E. II. X. Co., Ohio st, Rep, 224o.,. =,
ESS NO. be b:o SSaTt 81 Stark ooan Jud
nent Of District Court affirmed. j., 4 -
No.s7., Anthony Mulendyk and George Buskirk <
MGy 80 tRS Of
in error against or appearance by defendant in er
ror. u, g.. IT,.
Church v. Simon Streeter.. Error to the District
Court of Cuyahoga county. Judgment reversed for
error in overruling the motion for new trial the
ground that the finding is not sustained by the ev-
No further report Of the foregoing cases will be
made
Appeal. Reserved in the District Court OF Warren
county. Continued TOR want of briefs.
No, 10. Joseph LOngswOrth and Larry Anderson,
Executors of n. LOngswOrh, de ID, v. William As
kern, et al Error to the Superior Court of Cincn-
natl. '-- I"'-." 500
WHITE, J.
A note payable in series of instaln EMS, provd-
ed thai a less sum should be accepted full pay
ment, if each instalment were paid punctually-
Held That the larger sum was in the nature OF
penalty and that the payment of the less discharged
the obligation, though defaults had occurred in pay
ing the instalments.
Judgment affirmed.
No 81. Alkaline L.. Mckenzie v. Roswell g. Horr.
Error TO the District Court Of Lorain county, o
BY THE COURT:
The surety of a nonresident plaintiff, for costs,
under section 543 of the Code, is only liable for such
plaintiff and for the costs of the plaintiffs wit
Judgment of the District Court. reversed, and Of
| the Common Pleas, affirmed. ~
No. 70. Rebeca Ann Walker v. Luther A. Hall
| ct al. Civil action. Reserved in Seneca county.
| BRINKERHoFF.c Cd. Held: ;'-
l. Where at the time of the PARTITION Of an es-
tate between -devisess, one Of them had an IN
chOae right OF dover in premises set OIL by the par
tition to another; and, subsequent 10 the PARTITION
the inch0ate right Of dover became perfect by the
death of her husband, she will not, IN equity, be
held estoppedt to claim her dover against her CO.
partitioners. -
3. In such case equity will, while sustaining the
claim TO dover. decree and enforce contribution
by all the parties TO the PARTITION to make good TO
the devsees in whose share the dover is assign
ed their equal share in the common estate remain
| ing after the assignment Of dover.
MOTION DocKEr.ps
No. 90. The State OK rel. The Treasurer Of
Athens County v. the Auditor OF state. Motion to
take case No. 243 the General Docket out OF It's
order for hearing. Granted. et
A hd;onrnad until Thursday morning at 10 o'clock.