The Daily empire. (Dayton, Ohio) 1865-1867, 1866-06-19
0 LAW REPORT. ]
SUPERIOR counr-s,UJpoor r,JDo naYkrs!

ID. Q. Spinning VS.. Thomas @. Mitcheil---
An action brought upon an alleged judg-
mcnt claimed 10 have been obtained by
Beckel and Spinning against defendant at
the March Term, of the Common Pleas
Court of Montgomery County, In the year
1856, and assigned to plaintiff by Beckel by
which he became the sole owner of the az
legged judgment. An order of attachment
was made TO accompany the summons upon
the grounds that the defendant had proper
ty,etc. .,whichhe fraudulently concealed and
that he had disposed Of "a part thereof to
place 1t beyond the reach Of his creditors.
Defendant denied the existence of any such
Judgment averring, that at the term OF said
Court of Common Pleas referred to Ia the
petition. Il suit for the foreclosure of mort
gage was pending In which Peter Odhn
was plaintiff and Il. 9. Mitchell and said
Beckel and Spinning were co-detendants,
the latter holding u mechanics, lien
upon the premises described In the
mortgage and owned by the defendant In
this case. That, said co-defendants Beckel
and Spinning filed an answer to the petition
of said Odlin setting out the facts that said
Il. g. Mitchell was indebted to them TO the
amount of 1922 90. and that said claim was
lien on the premises described in said Od~
Inns petition, but that said Beckel and Spin
ming did not demand any sale of said lands,
nor did they ask or demand any Judgment
swer contain any prayer of any kind what
ever, neither did they cause any notice to
be issued to their co-defendant In said ac-
ton, by which the demands OF said Odlin
were suffered 10 be taken by default and
mo order was made by said Court that said
Mitchell should be required to answer or
reply TO said answer of Beckel and Spin
ming to Odlin's petition and that he was
not therefore in default as to said answer.
Upon this state of facts defendant alleged
that no proceedings were had by said
Beckel d Spinning which were sufficient to
authorize said Court of Common Pleas to
render any Judgment whatever In favor of
said Beckel d Spinning against him, and
that whatever Judgment may have been
rendered was null and void for want of no.
tice. To this, the plaintiff demurred gen
orally.
The Court held that the defendant was
entitled to notice from bis co-defendants in
the proceedings referred To In the plead
ings, and that the judgment mentioned In
the petition was void for the reason that n O
such proceedings were had as TO authorize
said Court to render the same. Exceptions
TO this ruling was taken by the counsel for
plaintiff.
Howard & Son for plaintiff; Bclyille a.
Thompson for defendant
COMMON PLEAS coURT-JUDGE wINANs.
The Grand Jury reported the following |
bills of Indictment:
James sBurns-Burplary
James Toner-Burglary.
Columbus Catheart-Assaulta and Battery.
Columbus Cathcartz-Assaulta and Battery. |
John Colhauer--Assault and Battery.
John X. Paullus-Assault and Battery.
George eHerbig-Assault and Battery
&. Cathcart and John Cathcart-Assaultl |
and Battery.
Frank Penland-iIorse Stealing.
Jacob Nelds-Horse Stealing.
Charles Schooley aud John Swaynie-l
Assault and Battery.
Hiram Allen-Burglary.
The Grand jury also report their visit TO
the jail, and from their examination, find
that all the prison rules have been as faith
fully kept as all the circumstances. of the
ease win permit by our present Worthy
and efficient Sheriff.
They also eall the attention Of the Com
missioners 10 the provisions Of the statute
authorizing their providing frames for
beds prisoners. also the rule of the iail for
Bible for each cell of the iail
and would further recommend the propri-
ETY. Of furnishing copy OF each OF the
weekly papers Of the county 10 the prison.
ers' together with the building Of a new
Jail, IN the place or the one now In use.
which they regard as disgrace, instead OF :,
being credit TO the county.
Mary Manner VS.. James Manner, action for
willful absence for. over
three years. Decree granted. l.
James IL. Baggott, Attorney.
Ffedertckd u. q, Egy vs.. Hfliianl Eprp,
action Dassno for ,.." Diyaeeause extreme cruelty
conoyet q craighead, Attorneys for
Plaintiff. l.
LUNcH.-There will be a big Lunch