Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-01-17
SUPREME C6U1T OF ONO.

.#.IT . TUESDAY, Jan. Is, 1857, N
Hon. Josiah Scott. Chief Justice Hon. Luther
Day, Hon. William White. Hon. John Welch
and Hon. Jacob Brinkerbof, Judges. .r, ~
L. J. Critchield, ESQ.,, Reporter.
GENERAL DOCKET. -.,.,.-
No.A. Matilda Byers v. Joseph X. Mackman. ~
Error to the Court Of Common Pleas of Wood
county, reserved in the District Court.
Z WEIGH, j d:
resulting trust arising from the payment Of pur-
chase money, may be established by parol proof.
Where the defendant in D statutory proceeding for
partition appears and answers. and the cause is sub
United TO the Court on an agree statement Of the
facts. the order of partition made therein will not
be reversed in error merely because the agreed state
shows an equitable, and not strict legal title
A purchaser Of land at Sheriff's sale under pro-
ceeding attachment, takes it subject to all equit
les of third persons. unless he protect himself
under the plea Of bona de purchaser withoutno ice.
Such plea cannot be interp0sed where. after the
service Of tho attachment, aud before the SherFs
sale, tho defendant in attachment conveys the legal
title to the equitable owner and the deed z duly
grantee therein. ''' '' 81, 3
! Judgment affirmed, '..rr'
Thomas Mimms v. The State Of Ohio. Error to
the Court Of Common Pleas Of Hamilton County.
DAY, J held:
not be reversed upon errors assigned 70 tho rulings
Of the Court on the examination of Juror upon his
rotr dire, to the refusal Of the Court to sustain
the defe dants challenge Of such juror fes-cau,e.
whore the juror was set aside on the peremptosy
challenges Of the defendant and where without ex-
hausting his peremptory challenges, he permits the
jury, called as provided by law, to be sworn and to
try the without further challenge or objection
2. 1t is competent on trial for murder, for the
State to prove, as acircumsance for the cOnsidera
ton OF the jury, that the defendant made threats
against toe property Of person other than the de-
ceased, where the evidence shows that such proper
ty was then in the possession Of the deceased. and.
that shortly after the murder, was found in the pos
session of the defendant. $3.50
3. Where the Court improperly overruled the OBJ
lection Of the testimony offered on the
trial by the State, the judgment against him will
not be reversed for such erroneous ruling, when the
Court, on motion Of the defendant, excluded all the
jury, and instructed them that it must be wholly
disregarded. III
l. Where, on the trial for murder It is shown that
property in the possession of the deceased shortly
before the murder. was soon thereafter found con-
eeaed on the premises OF third person, about that
time in the company of the defendant, it is cOmpS-
tent for the State to prove the acts md declarations
Of such third person accompanying the discovery
of the property, tending TO show his custody there
Of, as a circumstance for the consideration Of the
jury, in connection with other proof in determining
whether he was made such custodian by the defend
s. 1t is not error for the Court, in charging the
jury, to recite what is claimed blythe parties to be
proved, where this is fairly done for the purpose
only Of proper explanation Of the law applicable
to the case. ...'H H. 10 a ' n -
G. 1t is not error for the Court, in criminal prose-
eutions, to instruct the jury as to the form Of ver
dict proper TO be rendered by them, and the Court
may give them Such forms OF verdict IN writing,
either of which it will be proper for them to adopt
as they may find the facts to require under the in
struotionso Of the Court. .i l@ IHEa IIL j
judgment affirmed.
No, 33. William Patterson v. Cyrus McNeely,
Ex'r of Elizs Ii. Hatcher, decd Error to the Court
Of Common Pleas Of Harrison county. Reserved in
the District Court. ai.s ls.. boa afsl
SCoTT. g. j.: .ag.1rI .iru.y r
In promissory note, made payable enc year after
date, there was the following clauses The above TO
be at ten per cent. interest annually" Held:
l.
is to be understood relating to. and defining the
rate Of interest," and is equivalent 10 the words per
anssan and that the clause is not stipulation for
the annual payment OF interest. 49,. .fL.t
2. The interlining of the word paid" before the
word annually" in the clause Aforesaid, is md
teridL alteration of the note. =. e.. ,. .
3. Where such nOto had been signed by a surety,
and was subsequently, without the knowledge or
consent of the surety, so altered, before delivery
the payee being priVy to such alteration at the time
of delivery, and knowing that the surety had not
tained against the surety upon such altered note.
Judgment of the Court of COmmsn Pleas reversed,
and judgment entered for defendant below, on tho
special verdict of the Jury. t ..+ t-r.
MOTION DOCKET.
Company " George ID. McKenny and Robert j.
McKenny. Leave granted to file petition in error.
No. Al. Francis II we v.gleyeland & Toledo
Railroad Company. Leave to file petition in error
No. AZ. T. K. Hall v. Joseph B. Conoyer ct al.
Leave to file petition in error refused.
No. a. Peter w. Boyles v. John Stewart. Leave
10 file petition in error refused
Adjourned until Thursday morning at 10 o'clock.