Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-12-13
SUPREME oouRT OF OHIO.

.or .vr TUESDAY, Dec. il, 1865.
Hon. Josiah Scott, Chief Justice; and Hon. Luther
Day. Hon. William White, Hon. John Wslch.
h. j. Cntchfeld. Esq.. Reporter.
GENERAL DOCKET. f.D ri.
No 120. Harrison Pines others v. JOIN Ir-
win and, others. Error to the District Court Of
highlsnd county.
Under the Ia VS. Of this State, although the will of
= t statOr, wherever domiciled the time of his
death may be admitted to probate in any county Of
the State in W ich he may av left real or per on
al estate yet If the testttor wer resident Of this
Stat at the time Of his death, letters tsstdeatdry
on such pr bated will can issue only frsm the Pro-
bate Cou of the county in which the testator so
Judsment Of District Court reversed, and that Of
Common Pleas aiiirued. It q
No. l1e. The State Of Ohio. on relation Of the
Northern Lunatc Asylum, V. Frederick A. JONES'
Probate Judge Of Luc 5 county.
The provisions of sec. 81 Of the act relating to
Lunatlc Asylums, S. Q. SlS. in regard to the rer
turn Of patients from the Asylum to the county
from which they were sent, only apply TO- patients
having settlement in the county, and do not
require the return Of non-residents sent from the
county 10 the Pentsntiary, and thence transferred
olhe Asylum. Mandamus refused
No. II. Jonathan Hamilton v. The Steamboat
R. b. Hamilton. Error to the Common Pleas of
DAY DAY. j. Held: attas
l. That the limitation of actions to water-crafts
Of twenty tuns burden and upwards" As provided
in the first section Of the act to provide for the
collection Of claims against steamboats, and other
Water-crafts," &C., does not apply TO proceedings
against steamboats, by name, but to other water
crafts only -
O. In an action against steamboat by name IL is
not necessary to aege in the proceedings or petition
that such steamboat Is "of twenty tuns burden and
upwards" and it is error to arrest judgment upon
verdict against such boat because the petition
tains no such averment.
Judgment Of the Common Pleas reversed, and
S monnt founS in bis favor Win ntsTeSt from oU
nctobs, al iss3 -F'i'
M IA Smith Thomas. Assignee of Geo. f.
House, v. James M. TaImadge, ct al. Error to the
DIStrlr, WT,yr OoIi' WeId IdoH'" WHY i4 'Hl ateA
a gansral assignment for the eoual benefit of
ali tbe creditors which is in due eourse az SdminiS
ration in the Probate Court. cannot be ihyaldaied
IN action by the Assignee Tor the recovery Of prop
srtv amhraced In the assgnment on the eround that
n ysS msSs and accented with infant 70 defranj
craS'tora ~ Td ~ " - '- =. -
" q Nor ,vhara the uropartv soueht IN be racoverad
;,oh ~ sc,;on has bean seized m execution Nv nart
~ Az cred;tors can recoysry he defesfed On t6e
ound tbst The assignor had frandnlantly refa;ned
sn.sas;o ~ tSe nronertv with the consent of rho
p;Snos Tho ,emad : IN snch case of maadmin;sS
npocead;1ga In The ProbSta Tonrt or ~
snt;nn nS;sv q S.;gst n n the sss;cnee ~ -
eoTo .t ~ tbe n;str;cf f,ourt and of tho Court
T pioss p 81 ,a1araaS .nd csnSa ramsnaoJ 70
0L q vVVrlon b. DE- ae'0'S'o "HU 0"u'0 tou'u W
tnS ~ 0VI5'Iy " R.cbei fdmurds Jonathan Edmunds
ETscutor. m ETror to the District Court Of Medina