Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-12-19
SUPREME OoUaT or ONO.

Hon. Josiah Scott, Chief Justice; and Hon. Luther
Day. Hon. William White, Hon. John Welcb.
aud Hon. jacob Brinkerhof, Judges.
| l.. j. Critch6eld. Esq. Reporter.
.. GENERAL DOCKET. .
The City of CievelandV. The State Bank of Ohio
| and others, .-
Reserved in the District Court of CuyahogA coun-
BRINKERHoFF, J. Held: l8-
| j. A power simply to cell personal property, does
not include or imply power to dispose of tho same
D. Where special statute constitutes certain per-
sons named therein Commissioners for municipal
| corporation, and confers on them certain specific
powers enumerated therein, a following clause au
thOrizing them " to do whatever else IN be neces-
sary to and advance the interests Of the city
In the prenises," does not work enlargement of
tho pow ers specifically granted. but the phrase in
the premises" limits the discretion conferred TO the
manner Of the execution Of the special grants of
g. Marlborough v. Messick Ohio St. Rep. 4Is, fol-
lowed and approved.
decree for paintif.
No. ae. The Toledo Wabash Railway Company
V. Russell 9 Daniels and others. Error TO the
Court Of Common Pleas of Lucas county.
Under he general corporation act of 1850, Is. &
g. 275 sec. a. q and 2S), railroad company has
power TO condemn land for new ide tracks, lea1ing
from the main road TO its depot buildings, Whenever
they become necessary IN the p:eper management
and operation OF the road. .i1Te
Judgment reversed
No. 80. Union White Y. John A. Tucker. Error
'DAY.J. Held:
/. When hedefendant is examined as witness on
the trial 10 action for malicious prosecution. no
may be allowed to testify that at the time he COM
menced the prosecution complained Of, he believed
that the plaintiff was guilty Of the charge made
2. On the trial of such action the defendant may
prove, as a part of the transaction complained OF,
tending to rebut malice and to mitigate damages,
that. a. the time he made tho complaint against the
on which IL was based, and that upon his assurance
that such facts Constituted the crime charged in the
affidavit, he instituted the prosecution in question.
Judgment reversed. and cause remAnded Tor
Robert Sesis V. Simpson 4 Knox. Error to the
Superior Court Of FranKlin county. lfr a.
When one Of the parties to a contract claims its
rescisson, on account Of default in the pertorm-
ance of its stipulations by the other good faith
quires that he should give notice OF his claim or
purpose to resoin !, whenever his failure to do so
would reasonabl lead the dafauting party to incur
trouble or expense in further performance OF the
contract. If he wllfully induce such further per
formance by his silence, when he ought tn speak, or
otherwise, he will be regarded as waving such de-
fault or as electng not to rescind for that cause
and will not afterR ards be permitted, on account Of
q default thus waived, to exercise the rights lnci-
dent 70 Tescisson, Judgment affirmed.
No 90. Moses hoagiand " George Schnorr. Error
TO the District Court OF Holmes county. lH
By THE COURT. Held: uIftf
Where the dOcketof aJustiee Of the Peace shows
atrial, and then proceeds Therefore 1t is consid-
cred &c., without noting any continuace the date
of the judgment will be held to be the same as that
Of the trial. although tho appeal bond recites the
judgement as Of later date. Judgment affirmed.
No, 50. Nicholas Long Sorth's Executors v. The
Cincinnati Chicago Railroad Company ct al. Ger
tilted from the Superior Court Of Cincinnati.
Judgment at Special Term affirmed. No further
report Of the case will be made
VIZ NOTION DOCKET.
mo. Al. J. B. Winpenny v. Maynard French,
Leave granted TO file petition In error.
No. "a. John Creutz v. Henrietta W egford. Leave
10 file petition in error refused.
No 35. Richard M. Corwine v. Acton Young OF
nj. Leave to file petition in error refused.
No. 2S. Martin Mearas administrator v. Low
ell Holbrook. Leave granted TO docket reserved
Nc, No. 90. James e. ANDERSON v. The Commission
eis of Holmes county. Alternative writ OF mazda
No. 30 80 The Pittsburgh, Ft Wayne 4 Chicago
Railroad Company v. John Slusser. Leave granted
TO docket reserved case.
No. 81. Horace Haines v. The State Of Ohio.
No. 80. Aquilla Jones ct al. Y. Lucinda A.
Robinson. Motion 10 strike cause No. " from gem
sra docket granted. and cause stricken from the
No. IS. Thomas w. Cornell V. Israel e. Carter.
Treasurer Of Summit county. Leave granted TO
docket reserved case.
Adjourned until Thursday morning at 10 o'clock.
A WESTERN man, speaking of the Pa
cific Railroad, says it is one Of the STUN
niest condolences in the world, that almost
every alternate section OF land, on either