Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-03-13
SUPREME COURT OF Ohio.

TUESDAY, March r. 1867
Hon. Luther Day, Chief Justice Hon. William
White. aon. John Welch. Hon. Jacob Brinker-
hoff, and Hon. Josiah Scott, Judges.
L.. j. Critchfeld, Esq, Reporter.
GENERAL DOCKET.
No. SO. Samuel Baggott and William Baggottv v.
John Goodwin. Error to the Common Pleas of Co
6ans county reserved IN the District Court
Where under the first clause of section $50 of the
court to compel the defendant to produce at the trial
writing claimed to be in his possession power
by 6 in
ing by him; and the defendant by his affidavit sub
mitted in response to the mott n denies alike the
existence. and his possession and control of such
writing it is for the Court to assume to decide
in favor of the plaintiff, upon afidavits the ques
judgment as by default against the defendant On
the coming in of the defendants affidavit afore-
ton and leave him to the resources afforded by the
ordinary rules of evidence.
s Judgment revered. and cause remanded.
L No. 7e. Isabella Cairnes v. John Wright, Execu-
tor of Moses Cairnes, deceased. Error to the Dis
trlet Court of Carroll county. - s
l.. The provision of the CODE that if no objection
be taken on account of defect of parties, the de-
fendant will be deemed to have waived the same
applies, by analogy to proceedings in error.
2. A written contract. binding the makers Ito pay
during her life being an annuity PAYABLE to her bv
one of said makers, with provision that in case of
any default in payment of the annuity, the whole
sum of $500 shall be paid is in the nature of penal
bond and no more can be recovered upon it than the
amount due on the annuity. C. #E.# III
judgment affirmed.
. No %. Ransom G. Clark v. The heirs of SvIves-
ter Southland. Error to the District Court of Union
WHITE. j. Held -- ~ - ~ ~
Seventy years possession, under an invalid tax
sale, OF unpatented lands in the Virginia military
district, bar to action brought for
their recovery. where the issuing of the patent
dtona security to land titles in this State
MARCH, 22, lS49. Time under that act. as under the
previous acts OF Limitation. did not begin to
til the cause OF action accrued. - ...s -rr
Judgment of the District Court and of the Court
of Com Ion Pleas reversed and cause remanded.
No. 75. Henry Ellithorpe Y. John Buck, ct all
Appeal. Reversed in the District Court of Ottawa
DAY C. ]. Held: -...- .-..--. ....,
1. In an action under the 557th section of the
code, by party claiming the legal title and posses
party claiming an estate therein adverse to. him,
and to enjoiH such party from committing irrepar
a6Ie injury to the property yc9tting the timber
pleadlngs for the recovery of money or of specific
real or personal prOpertty''-neither party has q
the court. although the location Of the boundary
line between the adjoining lands of the respective
parties is the matter in dispute.
2. Where the defendant In such action takes issue
that he is the legal owner and in possession Of the
land in dispute and asks that his title thereto may
be quieted and where he suffers the be tried
to the court without objection, until after the issues
are found against him. he thereby valves any right
he might have to jury trial. and cannot object to
hnal decree in the case, because the issues not
found by q jury. -sa-a s.I-s =
Decree for the plaintiff.
No 80. Alexander G. Davis v. G. A Katzenber-
ger. Reserved in the District Court of Darke coun-
ty. Petition dismissed. No further report of the
case will be made.
Ne. so. Elizabeth Reed v. John Grigey. Error
to the District Court of Muskingum county. Judg-
ment reversed for in overruling demurrer for
defect of parties defendant No further report of
the case will be made. r
MOTION DOCKET. a--
No. T9. Cephas Carpenter ". Frank E. Foster,
agent OF w. =. Foster. LeaVeto file petition in
No. IS; Frederick Rush V. Trustees of Lake town
ship, Ashland county. Alternative writ of manda-
mus allowed, returnable according to rule.
No. s6 Daniel Collier v. Y. NJ. Shirley and R. M.
Woolfork. Leave to file petition in error refused
No; 50. The State ex rel: William II. Bates "
Trustees Of Rchland township, VintOn county Al
tentative writ of mandamus allowed, returnable ac-
cOrding to rule.
No. SO. Joseph Stanglein. alias Lewis Negley v,
The State of Ohio. Writ of error allowed.
No: o.. The Steamboat St. Cloud v. Milton
Tootle Leave granted to file petition in error.
Adjourned till Thursday, 10 O'Clock.