The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1866-09-27

DsrmcT CouBT,-The District Court
OF jackson County met on "wednesday Of last
week, Judge White of the Supreme Court, and
Judges johnson, Plyley IND Groghap Of the Com
mon Pleas, being present. Several cases werede-
cided upon petitions ln'error. l{
In the case of Ed. Ruf vs. Patrick Coll the facts
were briefly Ips follows, David Savage gave .
ohaltcl mortgage upon ahorse, to Indemnify two
other men, named Savage, for going bis, David
Savage's, security upon two claims one TO Anna
VI. Minks, aDd the other to one Waller, The
condition was that, David Savage was to keep his
said suretles harmless, &c. Ruff got the horse In
the course OF trade, and sold him TO Coll, when
the Savages took possession OF him under The
mortgage, they having been sued on the David
Savage debts but not having paid them. Coll
sued Ruff before justice Of the peace, and gotta
Judgment, which was taken TO the Common Pleas,
when Coll again got lis Judgment. Ruff then took,
the case to tile District Court on error.
Held BY the Court, that when lthe condition Of,
a. clattel mortgage has been broken, that the
mortgage has right to take the property into
his possession, without legal process if he can do
SO without committing breach Of the peace and
II was further held that the savages being sued on
the debts for which they were security was q
breach of the mortgage TO hold them harmless, al
though they had not really paid the debts fpr
which they were security. Judgment Of the
Common Pleas affirmed. g,,t.j .Tff-y
Kiger vs. McKell, Suit was brought in the
Common Pleas by Nickel against Mary J. Kiger,
for the recovery Of real estate 1t was afterwards
ascertalned that the defendant below was mar
red woman. Leave was asked and granted to
make Benjamin r. Kiger, the husband, a defend
ant, which was done by tire plaintiff filing anew
petition. Judgment was rendered in the Common
Pleas against Benjamin +. Kiger, and no action
taken against Mary j, Kger. 1t was assigned as
error, that the Court having no jurisdiction against
Mary J. Kiger, married woman no Jurisdiction
was obtained against the husband in the same suit.
The Court held that it was good practice to file
a new petition, and that If motion had been
made below to dismiss the case as toiMary y. XII
ger, it would have been granted, and the case
would have proceeded against the husband alone.
The Judgment was affirmed, but SO modified as to
hold the husband only for the cost made after he
had been brought into Court.
L. A. Atkinson ct al. VS.. Wm B. Steele. This
was suit brought some years ago against L. A.
Atkinson, Miles w. Vance, Andrew Long. H. w.
White and w. D. Trago, when they constituted
the Foundry Co. Judgment was rendered against
Atkinson and Vance, and In favor of the other de-
PENDANTS. Steele made motion for new trial,
and the case was continued for about three or four
years. 1t was then ascertained that the bond was
lost and that no record had been made for the al
loWance of the second trial. motion was made
to dismiss the case but the motion was overruled,
and leave granted to substitute q new bond, and
the Clerk was ordered to make q nunc pro tune
entry, showing that second trial had been grant
ed. Trial was then had and judgment rendered
against Long and others, the defendants below.
The Court held that the entry on the Clerks
records could not be supplied by nuIac pro taac
entry under the statute granting second trials, and
therefore the judgment below was reversed.
There was q case decided in reference to the
sale of the Sternberger property, in which the
judgment of the Common Pleas, setting aside
sale, was affirmed.
George W. johnson Esq. Of jackson Mr. Hol-
comb Of Gallia and Mr.. Jones of Portsmouth,
were admitted to the Bar, as Attorneysat Law.
Court adjourned on Thursday forepoon,@