Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-12-12
GENERAL DOCKET.

Chief Justice-Luther Day: Justices-Willam
White. John Wech, Jacob Brinkerhof. and Josiah
Scott.
No. q. William Resorv The Ohio and Missis-
fpRRl pIssriss stso UoaT. Il Ramton coanty from
WELcH, j. Where vendor puts his yendee into
o @ I an
derstandng between them that the deed should not
dee subsequently put the deed upon record, and.
without payipg the purchase money mortgsged the
land to bona fie mortgages for value. and without
notice; held: Thst such vendor is stopped. as be-
tween him and the mortgages, from denying the de-
lfoe,y Of the deed. or asserting any claim to the
Petition dismissed, &c.
Ersof e Of Pss of
county-reservedi in the District Court.
l. The LIABILITY imposed by section seventy eigh'
of the act for the creation and regulation of ncor
porated companies in this State. q s. and C. 3 ats;
3IO-4 Curwen p SID on the the stnck holders OF
certain corporations therein named in addition 10
their stock subscribed. is . security provided by
which the corporate authorities have no control
and an attempted assignment of such liabi ity by
the corporation, thoush for the equal benefit OF all
2. This statutory liability Of the stockholders i:
not primary resource or fund for the payment Of
the debts of the corporations; bat is ateral and
conditional to the principal obligation which rests
Sreiitofs only in case Of the insolvency Of the c5r
| poraton, or where payment cannot be enforced
against it by ordinary. process.
| 3 Where an action is instituted by part of the
| creditors OF an insovent corporation against the
stockh olders, to enforce such liability for the bene
fJ cf all the creditors, creditor acquire pri-
ority, institute separate suit for the enforce
ment of such liability in his own behalf.
and the judgment sustains the demurrer to the sec.
ond defense reversed and cause remand d. r
No. and 4. Roelofson V. Foster. Setted-pass'
NO 6. George Monroe ct. al. ". Francis Barclay
| ct: al fapers out-passed for briefs and papers.
No; 8. The Farmers College of Hamilton county
| No. Is. William Beswick ct. al. v. Moses Camp
| bells Administrator. No briefs. Second default
DISMISSED for want of prosecution. under tte rule.
| al; Dismissed for want of prosecution, under tht
No IT Anthony Mousch et al v. Paul Hartman
Judgment affirmed. No further report of the case
No. 90. Thomas Kiernan v. The Cleveland. Co
| iumous q Clncinnati X. X. Company Dismissed
| tor want Ct prosec utiOn, uader the rule.
NJ NO. 49, George Walters v. The State of Ohio
dismissed for want of prosecution, under the rule
| -efsas- as-aMoTIoN DOCKET. ,.,- ..Es g.. 2:
The Urbana and Champaign Mutual Insurance
COMPANY. Quo Warranto. Dismissed for want Of
No.2. John Ludlow and Stephen e. Ludlow v.
Jonathan Clark. Motion for leave to file petition
| In error. Dismissed for want of prosecut on. =
! NOS Patrick McHIgh v. The State of Ohio
mOsion ior writ Of error. Dismissed for want o
1 No. &, Joseph Morris '. The Knox County Bank
OF MT yernon. Motion for leave 10 file petit IN ir
efr1r' Dismissed for W. 1t Of prosecution
| I nonng Motion for leave to file pstition.in error
| DISMISSED for want Of prosecution.
| No; o. Joseph ds v. John Brough. Motion fol
mandamus. Dismissed for want of prosecution.