Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-11-15
sUPnEmE COURT OF OHIO.

TUESDAY, Nov. Is, 1865.
Hon. Josiah Scott, Chief Justice; and Hon. Luther
Day Hon. William White, Hon. John Welcb.
and Hon. Jacob Brinkerhoh. judges.
GENERAL DoOKET.
No. SO. SamIel West " JOHN W. Meddock OF
al Error n the District Court of Hamilton county,
BRINKERHOFF, D.:
The record Of tho judgment sought to berevorsed
tRe s1s UsuHrt IN the focwns propositions ''
]. The period of three years to which the time for
the commencement Of proceedings Ia error in civil
cases is limited by the code. begins to run, MT from
the first day of the term at which the Judgment
sought 10 be reversed was rendered, but from the
day on which 1t was actually rendered.
q When, during the time the Ten per cent. law,
so called was in force the plaintiff loaned to the d.
fendant the sum Of two thousand dollars only, and
On that consideration alone, took from MIN prom
i'sOry note for twenty-five hundred dollars bearing
interest," by its terms at ten per cent. and the true
state of facts being set up in the answer and estas-
lished by proof the trial. the plaintiff N the sd
more than tho sum actually loaned, with iner st at
the rate Fixed by law for the for earance OF mouey
in the absence OF cont act as to the rate to wit
>. Where. in such case, the defendant has BY mis-
take, overpad the plaintiff the amount actually bur,
rOwed by him. with interest at six per GENT, and
with his answer It's up the fact by way OF counter
claim he Is entitled to judgment ngEinst the plain
tiff for the amount Of such overpayment.
4. In case of the kind above mentioned. tho pro-
visions Of the code Of civil procedure not author
Ee the plaintiff to set up In his reply, nor to prove
ON the trial. by way OF se-o, that the defendant is
indebted to him in dealings and trsnsactions be-
tween them entirely distinct FROM and foreign TO- the
subject matter Of the issues made by the petition.
answer and counter clai IN and such claims OF se-
off, when presented by the reply and offered 10 evil
dence on the trial. were properly reJected WIN lesve
to withdraw the same without prejudice to any fu-
ture action.
Judgment affirmed.
Reserved in tue District Cou,t Of summit county.
judgment affirmed on thr authority OF kyle's Ad-
mipistratOr Y. Kyle, IS Ohio st. hep. 10.
No. lS3. William s GOodin y; The State Of Ohio.
Error TO the Common Pleas Of Brown county.
DAY, j. Held;
/. Although the record Of a prosecution for crime
shows that the defendant waived aTraignment, the
Judgment, upon conviction, will not be reversed II
il further dScloses proceedings constituting an ar
rAignment.g
he was furnished with copy oi the indictment as
required by statute, came with the fros cutting AT
tOrney and his own counsel before the court and,
personally waving arragnment, entered such waiv-
or and his plea Of not guilty in writing with his own
hand on the Indictment he'd that these proceed
ings constituted, in substance, an arraignment.
8. The rulings Of court cam be reviewed on
error unless such rulings are authenticated by bill
Of exceptions or other proper entry Of record made
by order Of such court.
Judgment affirmed.
MOTION DOCKET.
No. Ct. Jack Cooper v. the Estate of Ohio. Mo-
tOn for the allowance Of writ Of error to tho Court
Of Common Pleas Of Portage county.
WHlTB,J. Held:
tion in criminal case. touching his competency.
has formed and expressed opinion as 10 the guilt
or innocence Of the accused, founded on newspaper
statements reports, or rum0r or hearsay, and not
upon conversation with witnesses Of the transaction,
or hearing them testify the court, If satisfied from
all the evidence disclosed ON such examination, that
the juror will render an mfartial verdict, author
lied to accept the juror.
The act supplementary to an act directing the
mode Of trial in criminal casos, passed March 3,
q 4 Stata ia nnf nj m n
part Of Sec TO- Art. ], Of the Constitution of the
STATE which guarantees to the party accused an im-
partial jury.
his incompetency, or. a IN, ton for new trial is
made like ground, the opinion Of the Court over
ruling tho ohal ledge, or the motion. cannot bo re-
frmstively that it contains all the evidence sub
mitted TO the Courtbeow on the question.
Motion Oyerruled.
DAY. j.. dissented, .....H -
No. 7s George Bishop and Amos W. Randolph
Y. the State Of Ohio. From Ashtabula county.
Motion for leave to file petition IN error.
In an action on recogniEance conditioned for the
Or Pearance Of party on the first day Of the term
to answer to an indictment, and for his abiding the
order Of the court and not departing the court
out leave and where the parry was not called or de-
faulted until the fifth day of the term 1t is no de-
fense to show that the party indicted was on th first
day Of the term lawfully in the custody ofthe War
den Of the PeniIentiary--hayin beon arrested as q
convict who had escaped therefrom-proyided he
was again at large and might have app. ared, at the
time he was so cal ed and defaulted.
No. 70, VIM H. Hays V. Robert J. Price and the
Executors, Of David Morris. deceased. Passed for
No. 81, The PendIeton Street Railroad Company
v. John ShIes and wife. Leave granted 10 file Pc
titiOn in error.
No. q. WIN. G. W. Smith v. The State of Ohio.
Passed for brief.
Adjourned until Thursday morning 10 O'Clock.
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