Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-03-26

been divided into precincts covering terri
tory within the city limits, the electors of
the city are entitled to vote for the officers
last aforesaid only at the township poll of
the precinct in which they respectively re-
side.
A. Under the act above referred to, coun-
ty commissioners have power SO to subdi-
vide township into election precincts that
| the boundaries of the precincts shall corr
respond with those OF the wards of a city
within the limits Of the township; and this,
in quo warranto. will be presumed to have
been done. when nothing appears to the
contrary, and it appears that the votes of
| city electors were cast for township trus-
| tees within their respective wards /" at the
places properly fixed and designated for
| holding said election dl
Demurrer to answer overruled, and in-
| formation dismissed. r5t
No. 73 Jacob Geiger ". Frederick
Worth. Error to the District Court of
Williams county.
Day, C.J.
A teststor in his will first devised the
farm on which he resided to his wife for
life, and bequeathed to her all the personal
property thereon at his death for the same
period, of which he directed that enough
be sold by her. to pay his debts. He next
devised the farm, after the death of his
wife. to his son, Philip, and bequeathed to
him all the personally that might then re-
main unexpended. He then gave to his
SOL. Frederick, a legacy of 500, to be paid
20 him when he became of age, but did not
direct by whom, or out OF what fund it
should be paid. When he became of age
the personal property was expended, and
the legacy was not paid:
Held, that the real estate so devised could
not be charged with the payment of the
legacy.
Judgment of the District Court revers-
nfl or.6 hat IN
@ MOTION DOCKET.
No. 81. Manassas Huber " Executors of
Abraham Cherry, deceased. Motion for
leave to file petition in error.
BY THE COURT
Where party entitled to second trial,
without entering his demand therefor upon
the Journal, takes the cause to the District
Court, it is not error in that court, upon
the appeal tor want of jurisdic-
tiOn, to refuse to remand the cause for q
Sc cond trial.
Leave refused. 81 a. FTaTf.
No. SS. Alpheus A. Noe ct al v. David
Taylor, Jr. Leave refused to file petition
in error. EFA13
No. 90. Matilda A. Mcdonald ct al v.
VIM. H. Ward ct al. Leave granted to file
petition in error.
No. 95. Mary E. Reed " Austin T. Reed
Cdso Ou OcHtTdI OOckeI sGdheu OuI OI lGS
order for hearing.
No. 96. State ex rel. VIM. H. Bates ".
Trustees of Richland township, Vinton
county. Motion to amend alternative writ
of mandamus granted.
( No. 81. Joseph E. Wilson v. Samuel
Stewart. Loave to file petition in error re-
fused.
No. 100. G. Bixler by Guardian v. John
Bixler. Leave to file answer in No. SO on
General Docket granted. .s.fF#ra
No. 101. Ohio ex rel. Brisbin 6 Mnorev.
Commissioners of Brown county. Motion
to take case No. 239 on General Docket out
of its order, overruled.
! No. 103. Enos Richardson & Co., ct al, v.
c. w. Thompson and c. j. Tyler. Leave
to file petition in error refused.
No. los. John Smith v. The State of
Ohio. Writ of error refused.
No. Jog. The State of Ohio ex rel. G. w.
Smith v. T. w. Peacock ct al. Motion to
take case No. 202, on General Docket, out
of its order. granted.
Adjourned to Thursday, 10 o'clock.