Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-03-20

-.t -'-i. .-- Sd TUESDAY, March 10, 1867.
White. Hon. John w elch, Hon. aeob Brinker-
hof, and Hon. Josiah Seott, Judges. q. '.sr:.
l.. j. Critchfeld, Esq, Reporter. . :. .... .,.a
GENERAL DOCKET. ,.
No. p. The State of Ohio, on the relation of ST.
las V. and Moses Hayes, v. The Cincinnati and In
diana Railroa Company. Motion for mandamus
Reserved IN the District Court of HamiltOncounty.
Where, under the act of April 30. 1852. "to pro
vide for ion TO ners of private propert,
appropriated to the use of corporations" raiiros
corporation regularly instituted proceedings in the
proper a Probate Court 5s % for the aPproPiati9n of
ant in such proceedings, and carried the same for.
ward until verdict was rendered and confirmed By
the Pr bate Court fixing the amount 10 be paid
the corporation for the right of sought to be ap
propriated; and the corporation Immediately there
the amount of the yer let. caused nOticeto be en-
tered on TIE journals of SAD Court of its abandon
l. That the Probate Court had no jurisdiction to
proceed, on motion of the land owner to thereupon
corpoi alton Of the amount of the verdict.
Such proceedings terminating when and as
and tn. land owner lost nothing and the latter e. ~
not enforce against the former the payment of the
amount ofsuoh verdict either by action or bs man
damus. ''.. -
8 In case there had not been entered on the
journal of the Probate Court any such express aban
dOnment by the corporation of its proposed appro-
priatioo, but where the railroad corporation after
Ards failing either to pay to secure to be paid
the amount of the verdict actually constructed its
road another line, not tOuchi the lands of the
defendant the proceeding. the like results in law
would follow. s- .t - .f'.5.t -...
No. 49,. Silas v. Hayes v The Cincinnati & In
diana Railroad Company. Error to the Superior
Court Of Cincinnati. - .--s
BRINKERHOFF j. ..-te - -.. '- #t.#.r..
In this case the plaintiff sought to recover in the
Superior Court of Cincinnati 6y Gction the amount
of the verdict the payment of which was sought to
be enforced by mandamus IN the preceding case.
No. 6s. Joseph Calhoun v. John K Price. Error
4l,o n1cfri nf (iOrrf of in uufv
P. and NJ having mutual claims to a survey of
oow sfe!ee1 9 to or
being the south part of the survey, by deed calling
run at named distance from the south line of the
survey, Sub equentlV, M. conveyed the north part
on the south by line, to be run at named distance
from the north line of the survey, designating the
acres of NJ bu, calling for distance which would
place the line 90 rods south OF that so called for in
That the call for distance in the decd to P. must
be rejected and the line called for in the deed to
NJ. is the true division line; god.
Judgment of the District Court reversed, and that
| of the Common Plea affirmed;
No 81. The President and Trustees of the Medi-
cal COlegeo OF Ohio Philip Zeigler aud Others In
error to the Superior Court OF Cincinnati. -I
An act of the General Assembly of this State,
passed March 81, 1851, appointed certain persons
therein named trustees of the Medical College of
Ohio, gave them corporate powers, and to enable
to raise the necessary funds for the erection of
a suitable college building authorized them to
mortgage the property known as the Medical College
In the same section. among other provision as
the iollowing clause: and provided. moreover, that
the premises so authorized to be 1nortgaged shall
ever be Occ upied and used for the purposes of Med
ica College as contemp ated by the acts re ating 70
for the foreclosure of mortgages executed in pursu
ance of the power conferred-Held: That said pro-
yiso Is mand atory upon the corporation only, limit
ing its discretion in regard to the to which its
buildings and property should be applied, so long
and so far as the S shSad % & IN the own
not intended to limit or qualify the general power
of mortgagirg g. conferred by tho act.
Judg ent affirmed.
No. 2O7. Bartholomew Moody v. The State. Err
ror to the Court of Common Pleas of Morgan county
On an Indictment under the act Of 1894. for pro-
curing abortion, in order to convict it is incum
to preserve 9 the life the mother.
Judgment reversed and cause n nremanded
ton & Cincinnati Railroad Co. ct al. Reserved in
the District Court of Huron county. Petition dis
issed No further report OF the ease VIII be made
The following cases have been passed at this term
for want of Briefs and if found in that condition at
the next term, they will be disposed of under
Rule 3, Sec g. Gas published in Vol. Is 0hioSt. Re-
To'55. VIM. c. Davis 4 Co. v. Chas. NJ. Gray,
No 50. Boswick ct al. v. Moses Gampbell's ad-
No. Ss. Kenneth Grant v. Richard W. McGOwp
No. NSp 7s. Thomas Herman v. The c. c. & c. R. R.
No. ss: EbeDezer Lane ct al v. The S. d. & c.
No. % 81. Geo. Walters " The State of Ohio. ''i
No 96. Robert Harper'v v. Isabella CLARK. 90
No. 81. Porteus b. Roberts v. Shadford Easton.
"e MOTION DOCKET. rf,
No. %. James Taylor v. Christian Tesno. Passed
No, o., Anthony Hummel v. The State of Ohio.
Motion for wit of error overruled. b. ., .-.. .-
! Adjourned till Thursday. 10 o'clock. 'f'-