Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-01-12

Critehfeld, Esq, Reporter; 7. s. Shepard, Clerk
GENERAL DOCKET.
No. 81. Isaac Runyan. Administrator " William
X. Price. Error to the District Court Of Hamilton
county.
WHITE. j. On the trial of an issue, ordered. ac-
cOrding to the statute in suit to contest the vadi-
tyof will, the eontestees. having offered in evil
dence the alleged will, together with the order of
the Court admi ting the same to be probatcd, rested
their caso-without Offering any other evidence.
The cOntesors thereupon wing concluded their
testimony impeachng the validity of the will, the
contestees proposed to introduce general evidence
sustaining the will to the Introduction Of which the
contestors objected. The Court 0vcrrued the OBJ
lection and admitted the eyidence-lield, that the
ruling was right.
]. b., one Of the subscribing witnesses, had died
before the trial and his testimony taken at the pro.
bate of the will was read in evidence. The con-
testors then offered in evidence declarations of b,
respecting the capacity of the alleged testator to
make will at the time the one in question purport-
ing to have been made, for the purpose of impeach
ing his testimOny-Held,
That before such statements can be given in evil
dence to impeach witness. he must be interrOgated
TO the same; and the fact that the opportunity for
such examination has been cnt of by the death o
the witness, does not form exception to the gen.
era rule The want of such examination goes to tho
competency of the evidence; and where the witness
has had no opportunity of explaining the supposed
declarations, the party to be affected thereby of
examining him in reference thereto, this mode of i'm
peachment cannot be resorted To.
2. The opinion of witness as to the surety of a
testatOr must relate to the time of his examination
and upOn the direct examination his opinion at
period anterior cannot be called for-nor can he be
asked his opinion as to the capacity of the tesator
Sucl inquiryinvolves matter of law also as
sumes that the witness knows the degree of capacity
required to perform the act in issue.
Judgment affirmed.
Ranney and Wilder JJ., dissented as to the sec
No. 30. Abijah Cheeseman, Administrator of John
Kyle, v. James Kyle. In error to the District Court
Of Butler County.
WILDER, J. Held ::
"a h.. A ~, =
tor Of b. in which the question in issue is whether
b., holds possession of personal property as the
or as the vendor of A. the declaration of b.
that he was the owner, is not admissible in evidence
in favor OF the administrator although said decara
ton was made while b. was in possession Of the
property and was accompanied by the best of offer
2, Where an administrator has seen and examined
claim against the estate he represents and is sub
sequentV requested to allow it, which he refuses to
do such claim being present in the pocket of its
owner, and the administrator told, formal rre-
sentation OF the claim is not necessary but may be
presumed to be waived.
Judgment affirmed.
No. "a. Oliver G: Atkinson otal. v. The Marietta
and Cincinnati Railroad Company as re-orgsnzed
county. "a
RARNNEy, j. Held: --a4a
FL. A railroad company authorized to change the
location of its track. account of difficulty Of con-
strucion" and other causes, may do so at any time
before the construction of its road is Completed at
ne Re ronf ThSre Ma@ hs eea9ge nad sG
and aanro,,oJ ~ " " W. - ' i'' ' ioAo"ou
n,o' a aaipp,v,out. aiot ;..ao -, AZ ;,,. a. ....
az @ "a ,;t oHnSseJe, su to Iss 20 exercise
from nnectment ang g"h horo pe uereea
Iivli a snd % t u peIolo ceihpahy
SHY saUM l' @ uoIn , Eate psen eulerIea upon II 1y
;,b ~ % i,;nh ,ia i, h vonp5ieu t
~ snu oc M 0 ia" hNS ahncAeu 10
All ~ not ~ ,horiIa % o s 4; t nt nI m am r. IT,
to be od u se i;s
III aio nnn ,or 20 ras III H. ~ ~ 1911 - 1uul VI.
ca, saS upon @ oy ~ WOULD no.
,shotovar w.. "A'' my 'opO''o 'dPaony
4 a:necia act, Of the General Assembly under-
tal.ipe IN g;ye such an efect to tba soe ana atbo
70 m !? tne se ana
and e,ect another hoard ~ dirsc.p, e l.; sItna
snd Iecsl asact an aitsmni to cpsaia " conat;n
and co,ser cornorate nowers W Nv sncciaI snt
ond y =; conalct With tLe III and and Secs;ons a'
the thirteenth article of the Constitution of the